DUTIES OF DIRECTORS Directors of a company normally have exclusive power to manage the company’s business and exercise its powers. At common law‚ the duties were owed to the company‚ to employees‚ to individual shareholders and creditors. 1.0 Duties of Directors to the company It is convenient to categorise the duties of directors into fiduciary duties which arise because they are quasi-trustees of the assets of the company. The word ‘fiduciary’ refers to trust and confidence. ‘A fiduciary is
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Duty to Warn/ Duty to Protect BSHS 335: Ethics and Values for Human Services Professionals By: Monica Sandoval Confidentiality between client and therapist could be a risky and tricky. There is no set standard toward the restrictions of its content. It’s morally right to respect and protect the client trusting information but at times it is ethically and legally impossible to keep this information confidential. The duty to warn is that obligated by case law the therapist has to notify the
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Fiduciary Duties of Directors 1) Duty to act in good faith in the interests of the company In Re W & M Roith Ltd [1967] 1 All ER 427‚ the controlling director of a company had given many years services without having a service contract. He was then given a service agreement providing for payment of a pension to his widow if he died while still a director. He was already in poor health at this time and he died two months later. The pension was paid for several years and then the company went into
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Turner Introduction to duty of care in health‚ social care or children’s and young people settings 1. Understanding the implications of Duty of care. 1.1 * A duty of care means that all health and social care professionals and organisations providing health and care services‚ must act in the best interests of the people they support. 1.2 * The expression is that we ‘owe’ a duty of care to the people we work with. ‘owe’ is a useful word to describe the nature of the duty of care because it
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In tort law‚ a duty of care is a legal obligation which is imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. The claimant must be able to show a duty of care imposed by law which the defendant has breached. In turn‚ breaching a duty may subject an individual to liability. The duty of care may be imposed by operation of
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’Duty of Care’ As the owner of my own nursery i have a ’duty of care’ to my employees‚ children and visitors. The legal definition of ’duty of care’ is; ’a requirement that a person acts reasonably towards others and the public with reasonable watchfulness‚ attention‚ caution and prudence to avoid acts or omissions that could expose people‚ for whom there is responsibility‚ to a reasonably foreseeable risk to injury’. (http://www.psctas.org.au/pdf/doc.pdf) If a member of staff did not meet this
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5. Director’s Duties Director’s Duties are part of the idea of risk management; because they take risks all the time‚ they require a certain element of regulation. The law must provide a way of mitigating against the risk‚ so creditors and shareholders can have potential recourse. This is all done indirectly; the company will recover in the event of a breach of duty arising. If the company recovers and suffers no harm‚ then that protects shareholders and makes sure their investments are secure.
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1.1 - 1.2 A duty of care is a legal obligation imposed on a carer requiring that they adhere to a good quality and standard of care. It is my duty to safeguard and to take care of vulnerable adults and to ensure that their needs and well being are looked after‚ it is my responsibility to ensure I exercise a good standard of care with respect to individuals safety‚ best interest and personal choices‚ this includes protecting individuals within my care from any harm or abuse that may occur and avoiding
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Duty of Care. - Risk Assessment for excursion. 80 Students to Sydney entertainment centre‚ Points to consider- - Security - Dressing areas - Outside entertainment area - General Public - Teacher/adult supervision - medical and behaviour plan that are in place in case of an incident - Mobile range/service for emergencies - Full equipped first aid kit Student M -10 year old‚ was demonstrating behaviour in a public toilet that was unacceptable‚ (Jumping on a change table). When this
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a few things you should know... like the term ’Duty of care’......it means providing care and support for individuals within the law and also within the policies‚ procedures and agreed ways of working of your employer. It is about avoiding abuse and injury to individuals‚ their friends and family and their property. A negligent act could be unintentional‚ careless or intentional that results in abuse or injury. A negligent act is breaching the duty of care. If an individual has evidence that you
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