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The harm which occurred must be a reasonable foreseeable result of the defendant's conduct; A sufficient relationship of proximity or neighbourhood exists between the alleged wrongdoer and the person who has suffered damage; It is fair, just and reasonable to impose liability.
In medical law and medical ethics, the duty to protect is the responsibility of a mental health professional to protect patients and others from foreseeable harm. [1] If a client makes statements that suggest suicidal or homicidal ideation, the clinician has the responsibility to take steps to warn potential victims, and if necessary, initiate involuntary commitment.
The degree of knowledge which the defendant had about the probability and likely magnitude of harm to the plaintiff. [10]: p 230–1 Special rules exist for the establishment of duty of care where the plaintiff suffered mental harm, or where the defendant is a public authority. [12]
The case's main significance is that, after the shift within the common law of negligence from strict liability [1] to a reasonable standard of care, [2] this case advocated a middle way, namely: Even if the loss or harm is not itself foreseeable, liability may arise provided the actual loss falls with a "foreseeable class of harm".
Honest services fraud is a crime defined in 18 U.S.C. § 1346 (the federal mail and wire fraud statute), added by the United States Congress in 1988. [1] The idea of this law was to criminalize not only schemes to defraud victims of money and property, but also schemes to defraud victims of intangible rights such as the "honest services" of a public official.
The purpose of the doctor's duty to take care is to protect the mountaineer against injuries caused by the failure of the knee, not rock falls. Even though the injury might be reasonably foreseeable, the doctor is not liable. In The Empire Jamaica (1955) 1 AER 452, the owners sent their ship to sea without properly licensed officers. The pilot ...
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Regents of the University of California, 17 Cal. 3d 425, 551 P.2d 334, 131 Cal. Rptr. 14 (Cal. 1976), was a case in which the Supreme Court of California held that mental health professionals have a duty to protect individuals who are being threatened with bodily harm by a patient. The original 1974 decision mandated warning the threatened ...