Duty of care is the legal obligation that reasonable care must be taken to avoid acts with a reasonably foreseeable outcome of injuring another person. The concept of ‘duty of care’ was first recognised in Donoghue v Stevenson [1932] AC 562 where it was established that a duty of care is created via proximity‚ or a relationship between the defendant and the plaintiff. This is known as the ‘neighbour principle’ ‚ which relies on combination of proximity and a reasonably foreseeable risk of harm
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Employer’s Duty of Care Jerry Sutherland Instructor Dr. Smith LEG500 2/13/11 Explain whether Jake’s actions are in or out of “his scope of employment.”? Jake actions are in the scope of his employment‚ he has been promoted to the service manager position. If the other service techs are busy or can not keep up he is qualified to jump in and help out. The only question of his position I have is how many employees Jake has below him. If he has no employees
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The Law of Directors Duties The law of Directors Duties stems from the systems of corporate governance in order to ensure that the persons occupying higher positions within the company will take good care of the company‚ as well as not act in a way that will create deficiency. There are 3 sources to the legal duties: the common law; the principles of equitable fiduciary duties; and the statutory duties stated under the Corporation Act section 180-183(Harris‚J.‚ 2008). The penalties of breach
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efficacious in duty of care‚ the following needs to be formed; i. Was loss to the claimant foreseeable? ii. Was there sufficient proximity between the parties? iii. Is it fair‚ just and reasonable to impose duty of care? ‘Proximity simply means that the parties must be “sufficiently close” so that it is “reasonably foreseeable” that one party’s negligence would cause loss or damage to the other. Together with this‚ fairness is basically‚ “fair‚ just‚ and reasonable” for one party to owe duty to the other
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Question 1: The WHS legislation provides a clause that the employer needs to do everything reasonably practical to ensure that safety of workers. The concept of reasonably practical requires employers to consider factors such as the severity of the risk‚ knowledge of the risk‚ ease of / cost of removing / mitigating the hazard and the information that the employer ought to have known about the risk. In this case scenario‚ the severity of the risk is that employees can get injured if not trained
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This essay will critically evaluate ‘In what ways is the fear of crime harmful?’ The fear of crime as Box‚ Hale and Andrew’s state is… ‘Fear of been criminally victimised.... Many people are haunted by the though that a stranger could pounce at any moment‚ either on the street or at home.’ (Box‚ Hale and Andrew‚ p340‚ 1988.) The fear of crime refers to the phobia to being a victim of crime as opposed to being an actual victim of crime. The fear of crime can be harmful‚ as Cordner noted ‘while it
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is through the doctrine of the duty of care.Essentially‚this is a legal concept which dictates the circumstances in which one party will be liable to another in negligence.Breach of a duty of care essentially means that the defendant has fallen below the standard of behavior expected in someone undertaking the activity concerned ‚so for example‚ driving carelessly is a breach of the duty owed to the road users‚while bad medical treatment may be breach of the duty owed by doctors to patients.In each
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implementing duty of care in health and social care Ai‚ What does the term “duty of care” mean? The term “duty of care” means to safeguard anybody from harm and to make sure they are not disadvantaged or treated unfairly whilst they are in my care‚ to always act in the best interests of individual’s and others such as my co-workers‚ my employer as well as myself. This is a legal obligation. Aii‚ How the duty of care affects the work of a social care worker Duty of care affects the way
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principles for implementing duty of care in health‚ social care‚ or children’s and young people’s settings Duty of Care Lord Atkin defined the duty of care when he gave judgement in the case of Donoghue v Stephenson (House of Lords 1932 relating to a case of a “snail” found in ginger beer sold to a customer” ). He said that: "You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who‚ then‚ in the law is my neighbour? The
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UNDERSTANDING DUTY OF CARE 1.1 ) Duty of care is a legal responsibility that carers and support workers have‚ we have an obligation to provide care to the people we support and to our colleagues. Making sure they are safe from harm‚ abuse‚ and neglect. As regards my own work role‚ I have a responsibility to raise concerns about suspected abuse‚ violence‚ unsafe practices and poor working conditions. 1.2 ) They are both out to support or look out for the wellbeing of the people we support or care for. They
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