Rachel I hear you are interested in applying for a job in the care profession. As I am currently working in this profession‚ which is great‚ I just wanted to fill you in on a few things which could help you. Health and social care work places have what is called a duty of care towards the people they look after that means they must do everything possible that they can to keep the people they care for safe from harm. It is not only the work place that needs to prioritise the
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Baroness Hale of Richmand‚ Lord Brown of Eaton under Heywood and Lord Scott of Foscote. All five judges’ judgements were different from each other‚ with no disagreements. The House of Lords in this case ruled that the duty of care owed by landlords to their tenants does not include a duty to warn or otherwise protect against wrongful acts by other tenants. There have been previous attempts to impose liability on landlords for wrongful acts of tenants‚ but these have been dismissed without inquiry. This
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must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour- Who‚ then‚ in law‚ is my neighbour? The answer seems to be - persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions that are called in question Donoghue v Stevenson Neighbour Principle: You must take reasonable care to avoid acts or omissions
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of Negligence‚ the Panel is requested to examine the formulation of duties for Tom and the bar owner; the causation of Tom and the bar owner; the foreseeability of harm by the two parties as well as the remoteness of the risk. Furthermore‚ it is important to understand if there is any contributory negligence for Tom and the bar owner (Attorney General of Western Australia‚ 2008). To begin with‚ the bar owner hold the duty of care to Tom as he was the customer to the bar. The bar owner should monitor
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Practice Questions for NEBOSH Examinations – Management ANSWERS Paper #1 The answers given in these papers are in bullet form‚ you MUST pay attention to the key ACTION VERBS in order to give full answers. I take no responsibility for answers given in exams in the style portrayed in the PRACTICE questions and answers written by myself. Question 1 (i) Outline which factors to consider while carrying out the risk assessment Factors to identify: Activities being undertaken Hazards
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unintentional. The most common unintentional tort is negligence (Best/Barnes‚ 2010). People have a duty to conform to a specific standard of conduct for the protection of others from unreasonable risk or harm. Someone who is injured as a result of another’s failure to conform to those standards have a case for negligence. Negligence is the unintentional failure to live up to the community’s ideal of reasonable care or the failure to act as a reasonable person would (Schubert‚ 2012). In dealing with product
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Negligence in the Gym This suit would be covered under the tort of negligence. The first thing to consider if there was a duty of care owed to Steve by either the manufacturer or the Health Club because he could potentially be able to sue both of them. In both cases yes‚ a duty of care is owed to him‚ because the manufacture has a responsibility to ensure that safety of the equipment that they produce. Even though the manufacturer did not have any direct contact with the final consumer
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This is an appeal brought by Miss Sandra Johnson and others (original claimants) against the decision of the Court of Appeal. The action under review is whether the two Respondents‚ Express Bus Company (EBC) Ltd and Blasts Ltd‚ were in breach of duty of care to the deceased and injured children. 2. It is worth explaining at the outset of this judgment about the definition of negligence. Negligence is the omission to do something which a reasonable man‚ guided upon those considerations which ordinarily
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involves the failure to exercise reasonable care to protect another’s person or property. It wouldn’t qualify for an intentional tort because Arnold and Sylvia did not willfully take actions that were likely to cause injury. Duty‚ Branch of Duty‚ Causation‚ and Damages are all required in order for a plaintiff to prove negligence of a defendant. The reasonable person standard‚ which the courts use to determine whether or not an individual owes a duty of care to another‚ states that the courts generally
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Priscilla. [Note: The Employee of Vogue Beauty Salon‚ Veronica was vicariously liable for the damages of her actions.] Relevant Law and Application 1 Did the Defendant owe the Plaintiff a duty of care? As per Donogue V Stevenson‚ the law states that the defendant owe the plaintiff a duty of care if the negligent act causes physical or psychological injury to person or damage to property. It therefore must fulfill these two tests.
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