DAMAGES |
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In law, damages refers either to the harm suffered by a claimant in a civil action, or to the money paid or awarded to the plaintiff in compensation for such harm.
Generally, there are three kinds of damages: special damages, general damages, and punitive damages. Special damages are the enumerable or quantifiable monetary costs or losses suffered by the plaintiff, or the compensation therefore. For example, medical costs, repair or replacement of damaged property, lost wages, lost earning potential, loss of business, loss of irreplaceable items, loss of support, etc. General damages are items of harm or loss suffered, for which only a subjective value may be attached. Examples of this include personal injury, physical or emotional pain and suffering, loss of companionship, loss of consortium, disfigurement, loss of reputation, loss or impairment of mental or physical capacity, loss of enjoyment of life, etc.
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FIDUCIARY DUTIES |
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The fiduciary duty is a legal relationship between two or more parties, most commonly a "fiduciary" or "trustee" and a "principal" or "beneficiary", that in English common law is arguably the most important concept within the portion of the legal system known as equity. Since the Judicature Acts merged the courts of Equity (historically based in England's Court of Chancery) with the courts of common law, the concept of fiduciary duty also became usable in common law courts.
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HEALTH / SAFETY |
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Occupational safety and health is the discipline concerned with protecting the safety, health and welfare of employees, organisations, and others affected by the work they undertake (such as customers, suppliers, and members of the public).
The primary, and arguably most prominent reason for occupational safety and health (OSH) standards are moral - an employee should not have to expect that by coming to work they are risking life or limb, and nor should others affected by their undertaking.
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MEDICO-LEGAL |
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The plaintiff has the burden of proof. Expert witnesses are usually required to testify as to practice standards, while lay witnesses must confine their testimony to facts they perceived with their own senses. To be qualified as an expert, a person must have a sufficient level of education, training, and experience in the relevant field, and it must be shown that their testimony will assist the judge and/or jury in determining a contested issue. The law requires that lay jurors or judges, being untrained in medicine, must accept expert evidence as to whether the provider deviated from the requisite standards but since the plaintiff and the defendant will usually each hire their own experts, there will be conflicting opinions.
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OCCUPATIONAL HEALTH & SAFETY |
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Occupational safety and health is the discipline concerned with protecting the safety, health and welfare of employees, organisations, and others affected by the work they undertake (such as customers, suppliers, and members of the public).
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