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Standard Of Care
In tort law, the standard of care is the only degree of prudence and caution required of an individual who is under a duty of care. The requirements of the standard are closely dependent on circumstances. Whether the standard of care has been breached is determined by the trier of fact, and is usually phrased in terms of the reasonable person; this is sometimes labeled as the "reasonable physician standard." It was famously described in '' Vaughn v. Menlove'' (1837) as whether the individual "proceed dwith such reasonable caution as a prudent man would have exercised under such circumstances". Professional standard of care In certain industries and professions, the standard of care is determined by the standard that would be exercised by the reasonably prudent manufacturer of a product, or the reasonably prudent professional in that line of work. Such a test (known as the "Bolam Test") was used to determine whether a doctor was liable for medical malpractice before the 2015 UK ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tort Law
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictions derive their tort law from cus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sexual Abuse
Sexual abuse or sex abuse, also referred to as molestation, is abusive sexual behavior by one person upon another. It is often perpetrated using force or by taking advantage of another. Molestation often refers to an instance of sexual assault against a small child, whereas sexual abuse is a term used for a persistent pattern of sexual assaults. The offender is referred to as a sexual abuser or (often pejoratively) molester. The term also covers behavior by an adult or older adolescent towards a child to stimulate any of the involved sexually. The use of a child, or other individuals younger than the age of consent, for sexual stimulation is referred to as child sexual abuse or statutory rape. Live streaming sexual abuse involves trafficking and coerced sexual acts and or rape in real time on webcam. Victims Spouses Spousal sexual abuse is a form of domestic violence. When the abuse involves threats of unwanted sexual contact or forced sex by a woman's husband or ex-hu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Standard Of Care In English Law
In English tort law, there can be no liability in negligence unless the claimant establishes both that they were owed a duty of care by the defendant, and that there has been a breach of that duty. The defendant is in breach of duty towards the claimant if their conduct fell short of the standard expected under the circumstances. General standard of care is as follows For a defendant to be deemed negligent, he must have breached his duty of care towards the plaintiff. In order to be deemed as breaching the duty of care, his actions must be proven to fall below the standard of care likely to be taken by the reasonable man. Establishing a breach of duty and ascertaining the standard of care is complex and before establishing that the duty of care has been breached the plaintiff must first prove that the defendant owed him a duty of care. The standard of care is defined as the measures that a reasonable person (in the circumstances of the defendant) take to reduce the risk of harm. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Care Standards Act 2000
The Care Standards Act 2000 (CSA) is an Act of the Parliament of the United Kingdom which provides for the administration of a variety of care institutions, including children's homes, independent hospitals, nursing homes and residential care homes. The CSA, which was enacted in April 2002, replaces the Registered Homes Act 1984 and parts of the Children Act 1989 The Children Act 1989 is a United Kingdom Act of Parliament which allocates duties to local authorities, courts, parents, and other agencies in the United Kingdom, to ensure children are safeguarded and their welfare is promoted. It centres on th ..., which pertain to the care or the accommodation of children. The aim of the legislation is to reform the law relating to the inspection and regulation of various care institutions. External linksHighlights on updated version of the Care Standards Act UK Legislation * United Kingdom Acts of Parliament 2000 Social care in the United Kingdom {{UK-statute-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
National Care Standards
The National Care Standards are a set of standards for care services in Scotland. They were set up by the Scottish Government, as required by the Regulation of Care (Scotland) Act 2001. The standards were devised after consultation with service providers, service users, various expert bodies and individuals, and the public. The standards are subject to regular review A review is an evaluation of a publication, product, service, or company or a critical take on current affairs in literature, politics or culture. In addition to a critical evaluation, the review's author may assign the work a content rating, ... and revision as necessary. The National Care Standards are used by service providers to maintain and improve the quality of services provided. The Care Inspectorate is also required by law to apply them when regulating care services. External links Scottish Government list of the National Care Standards Healthcare in Scotland Scottish Government {{Scotland-l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States V
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Learned Hand
Billings Learned Hand ( ; January 27, 1872 – August 18, 1961) was an American jurist, lawyer, and judicial philosopher. He served as a federal trial judge on the U.S. District Court for the Southern District of New York from 1909 to 1924 and as a federal appellate judge on the U.S. Court of Appeals for the Second Circuit from 1924 to 1951. Born and raised in Albany, New York, Hand majored in philosophy at Harvard College and graduated with honors from Harvard Law School. After a relatively undistinguished career as a lawyer in Albany and New York City, he was appointed at the age of 37 as a federal district judge in Manhattan in 1909. The profession suited his detached and open-minded temperament, and his decisions soon won him a reputation for craftsmanship and authority. Between 1909 and 1914, under the influence of Herbert Croly's social theories, Hand supported New Nationalism. He ran unsuccessfully as the Progressive Party's candidate for chief judge of the New Yor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Calculus Of Negligence
In the United States, the calculus of negligence, also known as the Hand rule, Hand formula, or BPL formula, is a term coined by Judge Learned Hand which describes a process for determining whether a legal duty of care has been breached (see negligence). The original description of the calculus was in ''United States v. Carroll Towing Co.'', in which an improperly secured barge had drifted away from a pier and caused damage to several other boats. Articulation of the rule Hand stated: This relationship has been formalized by the law and economics school as such: an act is in breach of the duty of care if: :PL>B where ''B'' is the cost (burden) of taking precautions, and ''P'' is the probability of loss (''L''). ''L'' is the gravity of loss. The product of P x L must be a greater amount than B to create a duty of due care for the defendant. Rationale The calculus of negligence is based on the Coase theorem. The tort system acts as if, before the injury or damage, a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Negligence Per Se
Negligence ''per se'' is a doctrine in US law whereby an act is considered negligent because it violates a statute (or regulation). The doctrine is effectively a form of strict liability. Negligence ''per se'' means greater liability than contributory negligence. Elements In order to prove negligence ''per se'', the plaintiff usually must show that: # the defendant violated the statute, # the act caused the kind of harm the statute was designed to prevent, and # the plaintiff was a member of the statute's protected class. In some jurisdictions, negligence ''per se'' creates merely a rebuttable presumption of negligence. A typical example is one in which a contractor violates a building code when constructing a house. The house then collapses, injuring somebody. The violation of the building code establishes negligence ''per se'' and the contractor will be found liable, so long as the contractor's breach of the code was the cause (proximate cause and actual cause) of the injur ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Little, Brown And Company
Little, Brown and Company is an American publishing company founded in 1837 by Charles Coffin Little and James Brown in Boston. For close to two centuries it has published fiction and nonfiction by American authors. Early lists featured Emily Dickinson's poetry and ''Bartlett's Familiar Quotations''. Since 2006 Little, Brown and Company is a division of the Hachette Book Group. 19th century Little, Brown and Company had its roots in the book selling trade. It was founded in 1837 in Boston by Charles Little and James Brown. They formed the partnership "for the purpose of Publishing, Importing, and Selling Books". It can trace its roots before that to 1784 to a bookshop owned by Ebenezer Battelle on Marlborough Street. They published works of Benjamin Franklin and George Washington and they were specialized in legal publishing and importing titles. For many years, it was the most extensive law publisher in the United States, and also the largest importer of standard English law a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Common Law (Holmes)
''The Common Law'' is a book that was written by Oliver Wendell Holmes Jr. in 1881, 21 years before Holmes became an Associate Justice of the Supreme Court of the United States. The book is about common law in the United States, including torts, property, contracts, and crime. It is written as a series of lectures. It has gone out of copyright and is available in full on the web at Project Gutenberg. One of the most famous aphorisms to be drawn from this book occurs on the first page: "The life of the law has not been logic: it has been experience." Holmes's pronouncement is a subtle qualification of a dictum by the famous seventeenth-century English jurist Sir Edward Coke ''Sir'' is a formal honorific address in English for men, derived from Sire in the High Middle Ages. Both are derived from the old French "Sieur" (Lord), brought to England by the French-speaking Normans, and which now exist in French only as ...: "Reason is the life of the law."E Coke, ''Commentary Upon ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cleveland Rolling Mill
The Cleveland Rolling Mill Company was a rolling steel mill in Cleveland, Ohio. It existed as an independent entity from 1863 to 1899. Origins The company stemmed from developments initiated in 1857, when John and David I. Jones, along with Henry Chisholm, established a rolling mill at Newburgh, incorporated as ''Chisholm, Jones & Company'', to reroll worn rails. In 1858, Andros B. Stone (brother of Amasa Stone) bought into the firm, which became the ''Stone, Chisholm & Jones Company'', and produced iron rails. The first blast furnace in Cleveland was built by the firm in 1861. In November 1863, an investment from Stone led to the expansion and reorganization of the company, which then became the Cleveland Rolling Mill Company. In 1868 the company installed a pair of Bessemer converters, and started using them to produce steel. During the 1870s, various types of wire products were produced at the mill. In 1881 the company built Central Furnaces plant, near the Cuyahoga River, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
