Business Law Case Study Health And Social Care

* 2. newly-discovered evidence which, if introduced at the trial, would probably have produced a

In Rebecca & ‘Zorba’s’ Restaurant case, the main issue is whether negligence exists of the defendant? There are three prerequisites must be present before the tort of negligence can arise: a duty of care must be owed by one person to another; there must be a breach of that duty of care; and damage must have been suffered as a result of the breach of duty. (FoBL, 2005, p70) In addition, another element must be satisfied to prove negligence is the causation. This essay will analysis Rebecca v. ‘Zorba’s’ with these four issues.

Now a day’s evidence can change a person’s life in the blink of an eye. “People were often punished for crimes based on the word of one or two individuals, with little concern given to sorting out the truth of the affair” (Hunter 12). But today a person must be tried and some physical evidence is needed in order for a person to be convicted of a crime.

The question at hand was that how much evidence must an individual, who was already trialed and convicted of a crime, present to a court in order for the court to review his case (“House v Bell”).

The 3rd act I’m going to write about is ‘Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995’ It regulates the statutory obligation to report deaths, injuries, diseases and dangerous occurrences that take place at work. Responsible persons are generally employers but also include various managers and occupiers of premises. Though the regulations do not impose a specific obligation on employees, they have a general obligation under section 7 of the Health and Safety at Work etc. Act 1974 to take care of safety. The Health and Safety Executive recommends that they report incidents to their employer and encourages notification to the relevant authority.

|of work premises has a responsibility under RIDDOR to report any work related accidents or disease which result in | | | |

Reporting of Injuries,Diseases and dangerous occurrences regulations of 1995 requires the reporting of work-related accidents, diseases and dangerous occurrences. The Act applies to all work related activities, but not to all work related incidents. The objective of the regulations is to enable the enforcing authorities to identify where and how risks arise and to investigate serious accidents so as to prevent them from occurring in the future and thus providing a safer work environment. The enforcing authorities can then help and advise you on preventive action to reduce injury, ill health and accidental loss,the main points of our own policy that relate to this are:

• Provide and maintain a safe working environment by the use of safe systems of work

From this incident was any employee disciplined for not following safety procedures. This would establish if the company believes the employees were negligent in their duty.

The foundation of all Forensic practice is in practicing, maintaining and protecting integrity and continuity of evidence as it establishes credibility and reliability in court and makes certain that any fabrication, misunderstanding, bias’s or even mistakes, have not occurred.

Sections 17 to 31 of the Evidence Act are related to admissions and confessions. Sections 17 to 31 refers about admissions/confessions, and also, the admissibility and inadmissibility of admissions/confessions. An analysis of the above mentioned provisions reveals that an admission or a confession to be relevant must be related to a "fact in issue" or a "relevant fact". In that sense, Section 5 (and consequently Sections 6 to 16) of the Evidence Act are unavoidably interlaced with admissible admissions/confessions. It is, therefore, necessary to record here, that admissibility of admissions/confessions would be dependent on whether they would fall in the sphere of "facts in issue" or "relevant facts". That in turn is to be determined with reference

According to the Bureau of Labor, statistics indicate that more than 4.1 million people were hurt or injured on-the-job in 2006 and 5,488 were killed in 2007 (Gomez-Mejia, Balkin, & Cardy, 2010, p. 511). Laws and regulatory requirements are currently in place to standardize and promote workplace safety. Organizations with extensive safety programs have reduced number of accidents, decreased workers’ compensation claims and lawsuits and lesser accident-related expenditures (Gomez-Mejia, et al, 2010, p. 511). This paper discusses the effects of legal, safety and regulatory requirements in

When employers carry out risk assessments, employers must consider the risk to employees of being struck by falling objects.

They told the family that they needed to have Clear and Convincing evidence. Unlike the preponderance of evidence, Clear and Convincing needs more to be more meticulous evidence to be able to stand up in court. Clear and convincing evidence needs to present documents such as a living will or a power of attorney. The last one standard of evidence is to have beyond a reasonable doubt which requires the largest amount of evidence out of all three. This kind of evidence is used in homicide cases.

The Public interest test: it could be said that Charles’s case has passed the evidential stage; within this stage, the lawyer needs to determine if it’s in the public interest to prosecute Charles. The prosecutor has to make sure that the factors against prosecution.