Term
After proving that D owes P a duty of care, what must P strive to prove? |
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Definition
that the D had been in breach of that duty. |
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Term
The test for determining whether the D had been in breach of that duty is the ? |
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Definition
test of 'reasonable man'. |
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Term
What is the basic question to be asked in the test of reasonable man? |
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Definition
whether the D's conduct fell below the standard of care which is expected of the reasonable man. |
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Term
In the test for reasonableness are D's own characteristics relevant? |
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Definition
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Term
Persons who are engaged in profession requiring special skill or expertise are required not only to exercise reasonable care but must in addition measure up to ? |
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Definition
the standard of skill expected from persons of such profession. |
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Term
What is the name of the test for persons having special skill or expertise? |
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Definition
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Term
What are the facts of the Case of Bolam? |
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Definition
- P broke his pelvis during an electro-convulsive therapy
- P claimed that the hospital should have given him relaxant drugs for the therapy session
- Held:Court held the D not liable
- Principle:Acted in accordance with the standards of reasonably competent medical men at the time
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Term
Chin Keow v Government of Malaysia & Anor |
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Definition
- Pr: Bolam
- F:
- D for prescribing penicillin which caused the death of the P’s daughter.
- Doc not make any inquiry to patient medical history
- H: D liable
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Term
Tan Ah Kau v Govt of Malaysia |
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Definition
- Pr: Bolam
- F:
- P was paralysed after a surgical operation
- P was asked to sign two blank forms before the operation
- No explanation was given
- H: No consent was actually given by the P as he was not fully informed of the treatment.
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Term
2 types of negligence in medical cases |
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Definition
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Diagnosis and treatment
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Failure to warn a patient of the risk
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Term
Sidaway v Governors of Bethlem Royal Hospital |
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Definition
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Pr:Bolam
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F:
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1% that Patient would be paralized
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Patient not informed
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Paralized
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H:?
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Term
Which test for professionals is followed today in Malaysia? |
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Definition
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Term
The roger whitaker test came as a result of which case? |
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Definition
Foo Fia Na vs Foo Sook Mun |
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Term
What does the roger whitaker test state? |
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Definition
It is for the courts to adjudicate on what is the appropriate standard of care |
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Term
Foo Fio Na vs Soo Fuk Mun |
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Definition
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Term
Neogh Soo Oh & Ors v Rethinasamy |
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Definition
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- D lawyer to P to act out in purchase of land
- P suffer loss due to Neg of D
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Term
Mohd Nor Dagang v Tetuan Mohd Yusof |
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Definition
P:roger whitaker to legal profession.
F: P claimed lawyer neg therefore held liable
H: princple of rondel. immunity of lawyers.
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Term
Government of Malaysia v Jumat Mahmud & anor |
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Definition
p: roger whitaker
f:
- student pricked in thigh stabbed in eye
- teacher held liable.
H:
- not laible
- teacher's duty is not a duty of insurance against harm but only a duty to take reasonable care
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Term
Mohd.Raihan v Govt. of Malaysia |
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Definition
P: roger whitaker.
H: D liable. Not taking all reasonable and proper steps to prevent injury.
F: appellant struck by cangkul during gardening class. |
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Term
Zazlin Zahira v Louis Marie |
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Definition
P: Roger whitaker
F: student hurt in piano class.
H:
The court dismissed the P's claim as the nature of the music class was not one which posed danger and was not foreseeable to cause injury to pupil.
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Term
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Definition
P: Roger whitaker
H: liable. standard of care of learned and begginer are equal. |
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Term
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Definition
P: Roger whitaker.
H:
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The driver was found liable in negligence even though when the accident occurred his consciousness was impaired by stroke.
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The court felt that he ought to have been aware that he was unfit to drive. |
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Term
KR Taxi Service v Zaharah |
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Definition
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duty of a driver only to exercise reasonable care
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driver is not under a duty to anticipate the negligence of others.
H: |
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Term
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Definition
- P: Roger Whitaker
- Exception: The case seems to place a higher standard of care.
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Road accident between bus and car
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Happened when the driver of car pulled out to the right into the path of the oncoming bus in order to avoid accident with another car in front of him which suddenly stopped because of the parked lorry blocking his way.
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Term
Factors of the objective standard |
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Definition
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Magnitude of the risk
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Current knowledge
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The utility of the D’s conduct
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Practicability of precautions
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General and approved practice
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Term
The law does not require the highest possible degree of care, but that care which is proportionate with which two concepts of Magnitude of Risk?
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Definition
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Gravity : seriousness of the injury
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Frequency: likelihood of its occurring
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Term
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Definition
Pr: Magnitude of Risk
F:
- P hit by criket ball
- Happened 6 times in 30 yearsa
H: D not Neg due to min of risk. |
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Term
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Definition
Pr: Magnitude of risk
F: criket balls continuly damaged property of P
H: D Neg due to magnitude of risk |
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Term
Paris v Stepney Borough Council |
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Definition
Pr: Magnitude of risk
F:
- P working in area with lots of splinters
- Suffered injury
- D did not provide googles
H:
- D liable
- Higher standard of care due to seriousness of injury
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Term
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Definition
a person cannot be blamed for not knowing what has been at the time unknown |
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Term
In area such as Medicine and Tech, D is entitled to be judged against what kind of standards? |
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Definition
According to the standards that were accepted at the time when the incident occurred due to the rappdily change nature of knowledge. Hence the principle of current knowledge applieds
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Term
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Definition
Famous quote:
We must not look at the 1947 accident with 1954 spectacles
F:
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P paralyzed after syrgey due to leakage of Disinfectant
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At that time, was not known that the disinfectant can seep throught ampoules
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This was standard procedure
H: not liable |
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Term
The utility of the D's conduct |
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Definition
If the benefit of the D's activity is more than the risk, the court may hold the D not liable in negligence |
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Term
Watt v Hertfordshire Country Council |
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Definition
Pr: Utility of Jacks conduct
F:
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Heavy jack needed to save women
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Fire fighter carried jack in unsuitable lorry
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Fire fighter hurt in proccess
H:
the risk taken in transporting the jack was outweighed by the need to get there quickly in order to save the woman’s life |
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Term
Hilder v Associated Portland Cement Management |
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Definition
Pr:Utility of D's conduct
F:
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D allowed children to play foot ball in feild
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Feild next to high way
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Motorcyclist killed by ball
H:
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D liable
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Risk of Social utility of keeping children of highway was not out weighed by the danger posed to ppl on the highway.
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Term
Practicality of precautions |
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Definition
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In deciding whether the D had breach the duty, the court will take into account the step taken by the D to reduce, minimize or avoid the risk.
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Generally precautions should proportionate to the risk.
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Term
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Definition
Pr: Practicality of Precautions
F:
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Heavy rain caused soil and water to be on floor of factory
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Precaution of sawdust
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P slipped and injured
H: Not liable as all precautions taken
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Term
Hamzah & Ors v Wan Hanafi |
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Definition
Pr: Practicality of precautions
F: Allegation that not enough precautions take for ppl to be away from steps of train
H: Non liable. Enough precaution of sign boards and warnings |
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Term
General and approved practice |
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Definition
In deciding whether the D has acted reasonably, the courts may look at the general practice in the relevant field |
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Term
General Cleaning Contractor v Christmas |
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Definition
Pr: General approved practise
F: Window cleaner fell
H: Although job was common practise. should have provided safer system. Liable |
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Term
Aik Bee Sawmill v Mun Kum Chow |
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Definition
Pr: General and approved practise
F:
- Did not use cross bar to lift plank
- Injured
H: Liable cuz neve taught how to use corssbar. |
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Term
Cases of Roger whitaker in the Legal profession |
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Definition
- Neogh Soo Oh & Ors v Rethinasamy (liable)
- Mohd Nor Dagang v Tetuan Mohd Yusof (non liable)
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Term
Cases Roger whitaker in the teaching profession |
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Definition
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Government of Malaysia v Jumat Mahmud & anor (non liable)
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Mohd.Raihan v Govt. of Malaysia (liable)
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Zazlin Zahira v Louis Marie (non liable)
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Term
Roger whitaker in the driving profession |
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Definition
- Nettleship v Weston (liable)
- Roberts v Ramsbotton (laible)
- KR Taxi Service v Zaharah (nonliable)
- Zainab v Gan Eng Hwa (liable higher standard of care)
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Term
Cases of Magnitude of risk |
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Definition
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Bolton v Stone (laible)
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Paris v Stepney Borough Council (liable)
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Term
Cases of current knowledge |
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Definition
Roe v Minister of Health (nonliable) |
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Term
Cases of Utility of D's conduct |
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Definition
Watt v Hertfordshire Country Council (laible)
Hilder v Associated Portland Cement Management (liable) |
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Term
Cases of practicality of precautions |
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Definition
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Latimer v A.E.C.Ltd (non liable)
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Hamzah & Ors v Wan Hanafi (non liale)
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Term
cases of general and approved practise |
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Definition
- General Cleaning Contractor v Christmas
- Aik Bee Sawmill v Mun Kum Chow
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Term
Cases or roger whitaker in legal profession |
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Definition
- Neogh Soo Oh & Ors v Rethinasamy
- Mohd Nor Dagang v Tetuan Mohd Yusof
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Term
Roger whitaker in Teaching profession |
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Definition
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Government of Malaysia v Jumat Mahmud & anor
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Mohd.Raihan v Govt. of Malaysia
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Zazlin Zahira v Louis Marie
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Term
Roger whitaker in the Driving profession |
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Definition
- Nettleship v Weston
- Roberts v Ramsbotton
- Zainab v Gan Eng Hwa
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