Introduction The case of Cole v South Tweed Heads Rugby Club [2004] HCA 29 pertains to a dispute concerning the civil contravention of negligence and a breach of duty of care, specifically in regards to the liability of licensed premises for injuries to patrons wounded by reason of their own inebriation. This division involves Cole: the appellant and plaintiff and the South Tweed Heads Rugby League Football Club and Another as the respondents and defendants. Procedural History Cole initially commenced proceedings in the Supreme Court of New South Wales claiming damages for negligence from the defending parties of Lawrence and the South Tweed Rugby League Football Club. At first instance, the primary judge found Cole contributorily negligent …show more content…
From the outset she proceeded in consuming large quantities of wine on the premises. Whilst the Club supplied some alcohol to Cole, it is certain that she also had access to drinks originally supplied to others. Between 12:20 and 12:30 pm, Cole purchased a bottle of wine from the bar with no issues regarding her sobriety and demeanour. Following this transaction, there was no supply of alcohol to the plaintiff by the Club at any time. Cole, seeking a further supply from the Club was refused service due to “drunken” and “indecent” behaviour . The manager thus gravitated towards this state of insobriety and offered forms of transportation home, which were rejected. Following this, Cole sought sanctuary in the company of two males stating that they would “look after her” . At approximately 6:20 pm, a vehicle driven by the second respondent, Lawrence, struck Cole. The accident resulted in serious …show more content…
Whether section 44A and 67A of the Registered Clubs Act 1976 (NSW) can be applied with relevance to the dispute and what constitutes the Club’s duty of care when dealing with intoxicated patrons Decisions There was a two to one majority vote to dismiss Cole’s appeal with costs, overturning the Supreme Court’s decision. Rationes decidendim, including precedents used The following findings were central to the determination of this case: 1. Whether the respondent breached its duty of care. i. by failing to provide adequate supervision R v O’Connor is applied and reinforces Gleeson CJ’s ratio: even on the assumption that a duty of care was owed, it is decided that any duty of care owed by the Club to Cole was discharged through the offers of transport . The degree of supervision requested was deemed superfluous. ii. by failing to moderate the consumption of alcohol The Court of Appeal found that there was no supply of alcohol by the respondent to the appellant at any time after 12.30 pm, some six hours before her injury , thus the rule in the Registered Clubs Act 1976 (NSW) (s 44A) cannot be so impermissibly extended as to synthesise non-existent evidence. 2. If the respondent breached its duty of
He forced Mallin into oral sex and then vaginally raped her. After that he drove the car back to Lubbock where he left on foot. There was plenty of evidence that should have sealed Cole’s innocence. When Michele Mallin described the
In addition, the court ordered that appellee grant relief of appropriate costs to appellant. Rules Utilized: Juv. R. 29(F)(2)(d) and R.C. 2945.67(A) In re N.I.;
The appellant essential accommodation claim went to trial but court excluded evidence regarding to disability. The plaintiff’s is not estopped by her SSDI and long term disability claims. However the issue should have been decided by jury. The court foreclosed to grant the plaintiff was not a qualified individual.
“When MERT receives a call for an intoxicated patient, they typically go through a series of tests, said Segrue. “If according to the EMT in charge of the scene, the student is not excessively intoxicated, the patient can be signed off to the care of a sober individual to watch over their friend for the night. In the case that the patient needs additional medical attention, MERT will call Allegany Rescue to scene to escort the patient to Olean General Hospital where they can receive additional care.” Some Students believe that “additional care” happens more often than it should. Students such as Scott Gaffey, a sophomore education major, says he thinks the system should be in place, but currently has major flaws.
DETAILS OF THE OFFENCE & COURT HEARING Evie Knowles (EK) has been charged under Section 5 of the road traffic Act 1988 – driving with excess alcohol. The Incident occurred on the 1st September 2015 at 22:35. EK is due to appear in Kempston Magistrates court at 9:30 on the 17th September 2015. FACTS & DETAILS OF INCIDENT
Thus, the appellants were entitled to awards for aggravated damages. Ratio Decidendi: • A ‘claim for damages for deprivation of liberty is not a “claim for personal injury damages”’. • Using the narrower construction of ‘in relation to’, s 52(1) of the CLA does not preclude an award of aggravated damages if the damages claimed are not in relation to personal injury. V. Outcome Each of the appellants’ appeal was allowed with costs.
Stella Zhao Mr. Struk CLU3M1 05 December 2017 Verdict Rationale In the case R. v. O’Brien, the defendant, O’Brien, had been charged of two assaults. Pat O’Brien, was charged that he, on the 12th day of June, 2009 in the City of Yourtown in the Region of Yourtown, committed an assault upon Toby Fantasia which caused bodily harm to her, contrary to Section 267 of the Criminal Code; And further charged that he, on the 12th day of June, 2009 in the City of Yourtown in the Region of Yourtown, assaulted Toby Fantasia, a peace officer engaged in the execution of her duty, contrary to Section 270 of the Criminal Code. After hearing the trial, I organized 11 points of evidences presented in court of why O’Brien should be acquitted. O’Brien did not commit any crime.
In the case of R. v Tatton, 2015 SCC 33, [2015] 2 S.C.R. 574, the accused, Mr. Tatton is responsible for causing a fire at his ex-girlfriends house, destroying all contents of the home. Mr. Tatton, was in a highly intoxicated state when he placed a pan of oil on the stove and set the burner to high. He than left the house for approximately 20 minutes, and upon his return he had realized that the home was bursting in flames. Tatton was charged for arson under S. 434 of the Criminal Code which states; “Every person who intentionally or recklessly causes damage by fire or explosion to property that is not wholly owned by that person is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years”. (Criminal
Whether the Defendant, Mr. Jones and Cut-Rate Liquor, sold a beverage in question to Mr. Watkins? 3) Intoxicating beverages. Whether the Defendant, Mr. Jones and Cut-Rate Liquor, sold intoxicating beverages, such as beer, wine, fortified wine or spirits to Mr. Watkins? 4) Intoxicated person.
Throughout the court case Mr Reynolds was asked quite a lot of questions and he replied to most of it with ease providing resources and proof to back his argument. Test applied: Firstly MR. REYNOLDS described to the judges all the laws that Polish Club limited breached.
The formation of the NSW Parliamentary Select Committee on the Partial Defence of Provocation in 2012, along with the introduction of the Crimes Amendment (Provocation) Act in 2014, are excellent examples in demonstrating how the NSW Criminal Justice System continues to reform and adhere to the needs and values of society, further more, it epitomises law reform and the changes taking place in regards to provocation being used as a defence to murder. Provocation falls under section 23 of the NSW Crimes Act 1900. It is the defence where the defendant claims that their actions were a direct result of another person’s actions, which caused them to lose control of their own actions. The NSW Criminal Justice system, prior the findings of the
Sports Law Midterm I. (A) After reviewing the case that was given to us, I do not believe we have enough valuable information to fully comprehend what had happen that night Sarah Smith got struck in the head with a hockey puck. But given what we do know, there is no way that Sarah’s estate can bring a claim against the Blue’s organization for hiring Kyle Albert. It was clearly an accident, there was no way Albert had intentionally deflected the puck into the stands to purposely hit Sarah. On the other hand, Sarah’s estate can bring a claim to the Blue’s organization for owning the hockey arena because it obviously wasn’t a safe area for fans to be in.
Because of his abrupt behavior, Cole has done many unintelligent things, such as burning his shelter on the island. His anger is his choice if Cole communicates by showing anger, isn’t he responsible for all of his actions? Cole has runined so many options of a better life that have come to him. It isn’t surprising that Cole wasn’t in support of the banishment process. In chapter 2, Cole started to search for an escape on the island, he loathed the shelter, the lonleyness, and the fact that he has no one to blame.
As it seems U.S. Senator Ted Kennedy uses key characteristics on image restoration strategies and stylistic devices to perform a “sorry” speech about the incident with him and a young woman named, Mary Jo Kopechne. Kennedy uses false information to inform readers about what happened that night on Chappaquiddick Island, Massachusetts on July 18, 1969. The incident messed up his run for president, leading him to make a “sorry” speech gives readers his side of the story. As you read through Kennedy’s story about his “incident” you could tell he uses image restoration strategies to better his case. Mr. Kennedy uses the restoration strategies: denial, evading responsibility, and reducing offensiveness to save his reputation.
MEDICAL NEGLIGENCE & CONSUMER PROTECTION IN INDIA Introduction Practice of medicine is capable of rendering great service to the society provided due care, sincerity, efficiency and skill are observed by doctors. Medical profession has its own ethical parameters and code of conduct. This profession is rendering a noble service to humanity and has sustained itself on public trust. According to voluntary Health Association of India, the present state of medical profession seems to mirror the rot, which seems to have sent into our system. Increased mechanization and commercialization of profession has brought in an element of dehumanization in medical practice.