Contract Law : Offer And Acceptance Effective Times Essay

A health care provider must understand many aspects of statutory duty. Duty is “a legal obligation imposed on one to conform to a recognized standard of care to safe guard the rights of others”. The standard of care is usually related to medical malpractice cases. Standard of care is defined as “the caution and prudence that a reasonable person would exercise under the circumstances or by appropriate authority for such situations”. This is mainly of importance because all physicians are expected to perform within the guidelines of this duty, and this standard or care changes depending on the circumstances. “Once the duty has been established, the plaintiff must show that it was breached by presenting evidence of the facts of the case and testimony from expert witnesses regarding whether the standard was met”(Showalter, 2014 p 139). Negligence results in the failure to meet this standard of care, and the jury usually decides if the defendant is guilty of committing a negligent act. Causation is an aspect of negligence. The defendant could be held liable for negligence if the act was considered to be foreseeable, and if the injury occurred from a breach of duty.

The Civil Liabilities Act 2002 defines negligence as a failure on the part of the defendant which results in the harm of the plaintiff which could have been prevented by taking reasonable care. The breach of duty must be foreseeable, Sullivan v Moody. The risk must be not insignificant, and a reasonable person under similar circumstances would have taken precaution against the harm. In this case

At the first stage of the Anns test, two questions arise: “The first question is whether the circumstances disclose reasonably foreseeable harm and proximity sufficient to establish prima facie duty of care. The first inquiry at this stage is whether the case falls within or is analogous to a category of cases in which a duty of care has previously been recognized. The next question is whether this is situation in which a new duty of care should be recognized. At the second stage of the Anns test, the question still remains whether there are residual policy consideration outside the relationship of the parties that may negative the imposition of a duty of care. It is useful to expressly ask, before imposing a new duty of care, whether despite foreseeability and proximity of relationship, there are other policy reasons why the duty should not be imposed. This part of test only arises in cases where the duty of care asserted does not fall within a recognized category. The trial judge concluded that the pleadings disclosed a cause of action in negligence and that the plaintiffs should be permitted to bring a class action”.

Negligence is upholding a certain leavel of care by determining if it meets the four components nessessary for a claim; duty, breach of duty, causation, and damages. In this case duty was not handled correctly. Duty means you agree to take care of a health care patients. THe girls working at the Good Samaritan Home did not take proper care of the residents. Breach of duty is broken down into four categories; Misfeasance, nonfeasance, and malfeasance. In this case the breach of duty refers to nonfeasance. There was a failure to act, by no other employees bringing the ause to attention. Causation requires an injury to be due to the healthcare professionals negligence. In the case of abuse in the Good Samaritan case there was no other way the injuries could have happened. The damages refers to the injuries caused to the residents.

Negligence is the failure to do something. Many medical cases are filed as medical malpractice suits, “medical malpractice is professional misconduct. Malpractice differs from negligence because it is performed by a license medical professional” (Flight 2). The case of Horton V. Niagara Falls Memorial Medical Center can be used as a primary example where negligence, “failure to take reasonable precautions to protect others from the risk of harm” (Flight 33), is visible.

The Tort of Negligence put the claimant in the position to prove that the defendant owed to them a duty of care, the defendant breached that duty and the claimant must have suffered damages as result of that breach (Donoghue v Stevenson [1932] AC562).

Explain why it is important to have an intention to create legal relations when making a contract and why is consideration of the parties to the agreement necessary-:

When someone doesn’t live up to their responsibility of exercising care, and that failure leads to another person’s injury or death, the action or lack of action is referred to as negligence. As an example, say someone causes a fatal accident because they were speeding. In this case, the driver who was driving above the speed limit acted negligently, and therefore can be held liable in court for damages caused. The victim’s surviving family members can also file a wrongful death lawsuit alleging that the driver who caused the crash owes them damages associated with that untimely and unnecessary death.

Rule : : Contract formation requires mutual assent (offer and acceptance), consideration, and no viable defenses to contract formation.

Our text defines a tort as “a civil wrong” and negligence as “a tort, a civil or personal wrong” (Pozgar, 2012). Negligence as it is related to healthcare is an unintentional commission or omission of an act that a reasonably prudent person or organization would or would not do under normal circumstances. Not following a recognized standard of care could be considered negligence. The case I have chosen to study is one from the Circuit Court of Baltimore City Maryland and is that of Enso Martinez a minor by and through his parent (Rebecca Fielding) vs The Johns Hopkins Hospital in Baltimore Maryland July 2013. I would describe this as a landmark, “David vs Goliath” case

Pat was very frustrated because she wanted to purchase a home but lacked the funds or credit to do so even though Pat was expecting shortly to receive a one-half million dollar final installment payment for some land she sold several years earlier. Dan knew that Pat was very interested in purchasing a home and approached Pat with a proposal to assist Pat in buying a home. Dan told Pat that he would help Pat with the financing. After finding the home she wanted to buy for $250,000, Dan and Pat orally agreed that Dan would purchase the home and "when you come up with the money, I (Dan) will sell it to you (Pat) for $250,000 plus a fair commission to be determined."

Even though he might be negligent infliction of emotional distress and was being evaluating by a psychiatrist it is still unknown. In addition, Tara’s Family must show specific parts or an oversight that Douglas was liable, for instance they can argue that he omitted informing the authority or tara about the intentions Robert, something that he could have done, Perhaps it would have saved Tara’s life. Tara’s family will be hold the burden of proving that Dr. Douglas acted negligently, therefore breaching his legal duty of care. Even though the requirement to prove loss or damage, Tara’s family will provide that, as a result of Douglas breach of duty, they suffered a loss or damage , which they can support by claiming that this breach caused Tara’s death. However, it must be proved that Tara’s death is traceable to Douglas breach of legal duty, failure to which Tara’s family claim will be consider irrelevant or therefore unchangeable. Douglas has a variety of argument that can support his defense against the negligence claim. Douglas can raise a defense by affirm evidence to demonstrate Tara’s or her family’s

Personal injury to Benjamin which he alleges was due to the breach of the duty of care owed to him by the New South Wales authorities.

From the National Center for Biotechnology Information, negligence is defined as “the failure of a designated care giver to meet the needs of a dependent” (Reader & Gillespie, 2017). Although the nurse advocated for the client the needs, the lack of timing resulted in the loss of a limb of the client.

Torts of negligence are breaches of duty that results to injury to another person to whom the duty breached is owed. Like all other torts, the requirements for this are duty, breach of duty by the defendant, causation and injury(Stuhmcke and Corporation.E 2001). However, this form of tort differs from intentional tort as regards the manner the duty is breached. In torts of negligence, duties are breached by negligence and not by intent. Negligence is conduct that falls below the standard of care established by law for the protection of others against unreasonable risk of harm(Stuhmcke and Corporation.E 2001). The standard measure of negligence is the universal reasonable person standard. The assumption in this case is that a reasonable