Bank’s duty of confidentiality is an implied term of contract between customers and their banks and building societies that these firms will keep their customers’ information confidential. This confidentiality is not just confined to account transactions – it extends to all the information that the bank has about the customer. But from time to time‚ banks end up releasing information that they should have kept secret about their customers to a third party which sometimes ends up in major consequences
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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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Visitor | Express: An express visitor will have permission by the owner or occupier e.g. School children are express visitors as they have permission to stay In the school as a visitor. | Implied: An implied visitor is visitor who do not have permission but is still aloud to enter the premises‚ e.g. a postman‚ a postman does not need to ask for permission before they can enter the premises. | OLA 1957 – ‘An occupier of premises owes a common law of duty of care to all his visitors’. The Law
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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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BROKAW v. WINFIELD MT UNION COMMUNITY SCHOOL DISTRICT BUSINESS LAW 211 A tort is a civil wrong or injury other than breach of contract. A court will provide a solution or action for damages. Sometimes an individual may commit what is considered an assault. A situation involved this athletic event where the tort occurred during the course of play before the whistle has blown. This behavior may result in a penalty and a suspension‚ but it is not compensable by means of the civil liability way
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1. Anna‚ define the term ‘duty of care’ The term “ Duty of care” refers to the obligations and responsibilities. It is a key concept in working with other human beings. It is a legal term for safeguarding yourself and people that you care for. First and foremost it means to provide care and support to individuals within the law and also within the policies and procedures provided by your employer and to follow agreed ways to work with certain service users. Substantially you must do everything
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Nursing Jurisprudence Assignment #2 1. Intentional torts share three common elements as described in the text on page 113: There must be a volitional or willful act by the defendant. The person so acting must intend to bring about the consequences or appear to have intended to bring about the consequences. There must be causation. The act must be a substantial factor in bringing about the injury or consequences. Examples of intentional tort include: assault‚ battery‚ false imprisonment
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Tort Reform As with most debates fought in the popular press‚ there is some truth on both sides. At the center of this controversy is the way the legal system handles disputes or torts. A tort by definition is not just actions resulting in physical injury. Slander‚ fraud‚ and trespass are also torts. However‚ most of the argument on tort reform‚ concerns cases involving physical injury‚ medical malpractice and product liability. America is the most sue happy society in the world. We take our private
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John’s theory of the case: The hospital was negligent in failing to maintain a safe and supervised environment in the emergency room waiting room where John was located‚ this failure to provide supervision is the reason he sustained his injury. Issue: Does St. Vincent’s Hospital owe John a duty of care? Rule: The majority of courts have found that premises owners have a duty to take reasonable precautions to protect their invitees from foreseeable 3rd party attacks. Delta Tau Delta v. Johnson
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The plaintiff‚ Cynthia Holderfield filed this case on behalf of her sister and legal ward‚ Elise Ann Wasson‚ a disabled adult. The complaint alleges that as a result of the insured’s neglect‚ Elise sustained significant and permanent injuries following a fall on January 17‚ 2016‚ while she was a resident at one of our insured’s Community Integrated Living Arrangement homes. The plaintiff further alleges that the insured neglected Elise when it failed to take the necessary precautions to prevent
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