I. CASE 4.28: Contributory Negligence Facts: • Pride Accountants has been the auditor of Skyhign Ltd for the last five years. • The audited was made for the year ended 30 June 2009‚ where Pride Accountants issued an unqualified opinion of the financial reports. • Skyhigh is a largest client of Pride Accountants. • They have a good working relationship. • In the past‚ audits of Skyhigh have run smoothly and its financial reports have always been unqualified. • The audited was made for the
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have duty of care in own work role A duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care. It’s a requirement to exercise a reasonable degree of attention and caution to avoid negligence which could lead to harm to others. Duty of Care is the legal responsibility‚ to ensure the safety and well-being of others 1.2. Explain how duty of care contributes to the safeguarding or protection of individuals Policies and Procedures
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Case 6.1 1) The main difference between libel and slander is how it’s imposed. Libel is a written or recorded statement of facts about someone or business while slander is a spoken defamation of a person ro a business. (Clarkson‚ Miller‚ Cross‚ 2012‚ p. 119). A libel case deals with false statements that caused harm or damage such as destroying reputation and causing humiliation for the plaintiff. On the other hand slander case involves plaintiff claiming false or misleading statement that was
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Wayne is walking along a footpath near a golf course. He gets struck in the eye with a golf ball. There were no barriers between the golf course and the footpath. The place where Wayne was hit about 100m from a tee (a tee is where players drive the golf ball). Wayne can no longer work as a surgeon and he brings wants to bring legal proceedings against the golf course. REQUIRED Advise Wayne whether he will be successful in legal proceedings against the golf club? ISSUE Has the golf club breached
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watchfulness‚ attention and caution that a reasonable person in the circumstances would. If a person’s actions do not meet this standard of care‚ then the acts are considered negligent‚ and any damages resulting may be claimed in a lawsuit for negligence. 1.2. Describe how the duty of care affects own work role. As part of my role as a therapy assistant working in a health and care setting
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Impact on internal and external stakeholders When it comes to the impact of this negligent event‚ it is needless to say that the child‚ Courtnie Williamson‚ suffered the worse consequences of all‚ she will be affected physically‚ emotionally‚ and intellectually for the rest of her life; with therapy and willpower she might be able to recover to a certain extent‚ but there is no certainty on the success of any treatment. This negligent act limited the future of this child and the way that she might
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Give detailed answers to the following questions. 1. What is an Agency? Agency is a fiduciary relationship “which results from the manifestation of consent by one person to another that the other shall act in his behalf and subject to his control‚ and consent by the other so to act”. A party who employs another person to act in his behalf and subject is called a Principal. A party who agrees to act on behalf of another is called an Agent. Agency is governed by a large body of common law known
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Imperfection in liability system The products liability system has been criticized on equity‚ distributive‚ and efficiency grounds. The equity arguments often express a belief that cases should be inside on the basic afford and negligence. In particular‚ firm consider it in equitable to be assessed damage when there was nothing that could be done to prevent the injury. Objection had been made to the inability to use state-of-the-art design as a defense in cases governed by strict liability. In the
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speaking‚ a tort is a civil wrong‚ other than a breach of contract‚ for which the court will provide a remedy in the form of an action for damages.” Examples of tort include: a) assault and battery b) false imprisonment c) trespass d) negligence e) interference with contract f) interference with economic advantage. The law of torts attempts to provide a means of redress for damage or injury suffered. For instance‚ in the event a bull charges through a fence and wreaks havoc in
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with your service user as it ensures that there is no harm caused towards them. Employers have the responsibility not to cause‚ or fail to prevent any harm to their customer and must do their responsibilities with consider to personal injury and negligence claims. 1.2 Describe how Duty of Care can affects own work role Duty of Care can affect your work role because you need to always ensure you stay within the boundaries that the duty of care issues to you. Without a Duty of care‚ it can cause many
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