means that the plaintiff can prima facie establish negligence where the facts are so obvious that somebody must be negligent otherwise the accident would not have happen. In the common law of negligence‚ the doctrine of res ipsa loquitur (Latin: the thing speaks for itself) states that the elements of duty of care and breach can be sometimes inferred from the very nature of the accident‚ even without direct evidence of how any defendant behaved. Where all that the Plaintiff can show is that he
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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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CONTRACT & AGENCY LAW END-OF-COURSE ASSESSMENT JULY 2012 PRESENTATION Submission Date : 08 Sept 2012 Question 1: Legal issues: As there are different parts to “Clause 8” in the employment contract which Julia as an employee has signed with Calypso Private Limited‚ we shall examine four separate legal issues. The first legal issue is whether Calypso is able to enforce part (a) of Clause 8 which states that Julia shall not be directly or indirectly
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|Principles For Implementing Duty Of Care In Health‚ Social Care Or Children’s and Young People’s Setting | |CT236 | |1.1 |Explain what it means to have a duty of care in own work role. | | |The overall purpose of my job role is to provide high quality care and learning through safe play
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L.O 1.1 A duty of care is a legal obligation required by individuals within the work setting that they must obey by. People within the work setting must meet the required standard of reasonable care while doing tasks etc. that could potentially prevent the cause of harm to others. It is my responsibility while caring for children within my setting that I promote their independency and assist them to understand and exercise their own individual rights. I must follow the correct procedures and report
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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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Intro and formation of contracts . Basic Legal Contract Principles People have a right to contract – conduct is voluntary. Anything that takes away voluntariness is questionable‚ e.g.‚ duress‚ economic duress‚ fraud‚ coercion. People have right to breach. But must place other party in the same position for which they contracted‚ so must pay them damages. If legal remedy does not work and P is entitled to be placed into performance‚ then must order specific performance. Specific performance
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‘’Duty of care’’ Letter to a friend. What is meant by the duty of care? How the duty of care affects the work you do as a care worker? Hi friend‚ So you want to work in social care? Well here are a few things you should know‚ Such as the term ‘’Duty of care’’ this means having the duty or responsibility of being a care taker for another person‚ someone too young or too old‚ too ill or unfit mentally or physically to take care of themselves and requires another person to assist them. This
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Duty of care is defined as a moral or legal obligation to ensure the safety or well-being of others. This is important because failure to act or help individuals can lead to harm‚ and not ensuring safety of individuals can lead them into far worse circumstances as they do not have the support and protection form service providers. Legal obligation to protect wellbeing and prevent harm: Obligation of care is characterized basically as lawful commitment to dependably act to the greatest advantage
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Contracts Contracts are an important part of everyday life. They are an essential part of business. As a student of a business law class‚ I will discuss in this paper several aspects of contracts. This paper will give a definition of a contract and the essential elements necessary to form a valid contract. It will briefly discuss breach of contract and the difference between a material breach and a nonmaterial breach of contract. Examples of legal and equitable remedies available for breach
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