Duty of Care To meet my Duty of Care it is my responsibility to - ( Keep my knowledge and skills up to date ( Provide a quality service based on my skills‚ responsibilities and activities within my job role ( Be in a position to know what must be done to ensure that the service is provided safely ( Keep accurate records of my work‚ both in the patients notes‚ on the computer and in my work diary. ( Not to delegate work‚ or accept delegated work unless I feel I am competent to do the
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Tort law is defined as a body of rights which are applied by courts in civil proceedings to provide relief for persons who have suffered harm from the wrongful acts of others. Since businesses have high amounts of money which can provide them with multiple lawyers‚ it makes it almost impossible for an average customer to not only defeat but even have a fair fight in court. Tort law protects the customer’s best interest and provides them the highest level of justice in these types of cases. Although
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Stelluti V. Casapenn Enterprises‚ LLC‚ D/B/A Powerhouse Gym Appellate Court of New Jersey‚ Decided August 5‚ 2010 FACTS Fitness center member Gina Stelluti sustained various injuries while participating in a fitness class. The plaintiff in this case claimed that her injuries were the result of the defendant’s negligence in regards to failing to repair the broken exercise bike‚ which had caused the injuries to the plaintiff. The defendant had filed for a motion for summery. The original trial court
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The first action to consider is whether NevR-Fail motors‚ plaintiff‚ would be successful in suing Mr Williams‚ defendant‚ for the tort of deceit. Deceit is the act of purposefully inducing another to act upon a falsified representation of the truth. To constitute as an act of deceit‚ the person receiving this representation must be dependent upon its accuracy and suffer detriment as a result. Sundberg J‚ in the 2005 decision Tresize v National Australian Bank Ltd‚ outlines five elements necessary
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| AssessmentCriteria | The duty of care is a requirement that a person act toward children in their care with watchfulness and attention. To have a duty of care in child care means to keep children and young people safe and to protect them from sexual‚ physical and emotional harm.Children have a right to be safe and to be treated with respect and dignity. We as practitioners must take reasonable steps to ensure the safety and the well-being of children in our care. Failure to do so could be regarded
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A liability hazard or risk emerges from any activity obliging somebody to pay remuneration for another’s misfortune. However this originates from break or breach of some legitimate commitment. Liability tenets or rules are those figured in delict. There are a few basis utilized by insurers as a part of underwriting liability protection these incorporate the accompanying beneath. Causation Basis By utilizing the causation basis the occasions that cause the misfortune or loss must occur amid the time
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In the first instance trespass was any illegal and wrongful conduct which directly causing injuries or losses; in modern law‚ Trespass is defined by the act of deliberately invade another person’s possession or right without authorization. Such conduct is hold on to contravene upon a property owner’s legal right to relish the benefits of ownership. A trespass is categorize as an intentional tort and‚ in the few form the circumstances‚ can be penalize as an offense crime. The law of trespass today
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If you’ve suffered a catastrophic injury for which another person or organization can be found liable‚ you may want to contact an accident injury attorney to determine whether you should pursue an injury claim. But how can you determine whether another party might be held liable? Polinsky Law Group LLC‚ a Hartford law firm with over 30 years of experience in personal injury law‚ shares a few tips to determine whether you can file a catastrophic injury case under Connecticut law. How Do I Know If
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Based on the facts above‚ Bex and Walton believe that the totality of the evidence would show that there was a preponderance of evidence tending to show that defendant was indeed negligent‚ for at least two reasons: 1) the burden of evidence ended with defendant‚ who failed to satisfy it; and 2) the greater weight of testimonies and object evidence supports the explanation provided by the plaintiff. Judging by preponderance of evidence‚ the defendant would be found liable. If it were judged by clear
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Contributory negligence is not a complete affirmative defence. It is an ‘incomplete defence’ because it does not seek to absolve the defendant of all liability. By invoking Article 2179 (NCC)‚ the defendant accepts that the proximate cause of the injury was his act‚ but he seeks to lessen hisliability by proving that the plaintiff had failed to act in such a way that would have prevented a greater injury. If so‚ there is a need to present evidence of the plaintiff’s negligence—not as proximate cause
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