Assignment 304 – Principles for implementing duty of care in health‚ social care or children’s and young people settings. Task A Supervision Notes Ai) What is meant by ‘duty of care’. Health and social care organisations have what is called a duty of care towards the people they look after. That means that they must do everything they can to keep the people in their care safe from harm. It is not only the care establishment that needs to prioritise the safety‚ welfare and interests of the
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Mazzagati v. Everingham‚ 512 Pa. 266 (1986). Facts: An automobile driven by Defendant fatally struck Plaintiff’s daughter. At the time of the accident‚ Plaintiff received a telephone call immediately after the collision at work informing her that her daughter had been involved in an automobile accident. Plaintiff arrived at the scene of the accident a few minutes later. Procedural Posture: Defendants filed a Motion for Summary Judgment in the nature of a Demurrer granted by the Montgomery County
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Section 328A of the Criminal Code Act 1899 (QLD) relates to the offence of dangerous operation of a motor vehicle. It is stated that ‘a person who operates‚ or in any way interferes with the operation of‚ a vehicle dangerously in any place commits a misdemeanour’ (s 328A Criminal Code Act 1899‚ QLD). The main element in this section is established through the concept of ‘dangerously’. However‚ it is not clearly outlined in the Criminal Code Act 1899 (QLD)‚ what encompasses the element of danger.
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1. As a superior Hanousek is expected to do a certain job for his employer. One of the known things a supervisor is in charge of is making sure his/ her employees are doing their job correctly‚ and in a safe manner. Although Hansouk did not any anyway directly cause the accident he failed to use reasonable care ‚ which in my opinion means that he had the required mental state be convicted of the crime‚ he did fail to use the care he should have used which led to the accident occurring. 2.
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Barnes’s Dingo Ringo has attacked his neighbour Anderson while trying to save his chickens from the trespassing Dingo. Does Anderson have the right to bring an action against Barnes? Firstly‚ Barnes is liable to his pet dingo’s actions‚ as he is the undisputed caretaker of the dingo according to the facts. Secondly‚ is this a negligent action on behave of Barnes for her dingo. When examining the liability‚ a court will look at whether the risk of harm was caused by an animal with a ferae naturae
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Field Day is an annual outdoor music festival held on New Year’s Day at the Domain in Sydney. Since beginning in 2002‚ the one-day festival features various global indie‚ hip-hip‚ house and electronic artists. The festival attracts more than 20‚000 people each year. With any large-scale event‚ especially music festivals‚ the issue of drug overdosing is ever-present‚ despite police presence and law enforcements. Drug overdosing is increasingly becoming a serious issue for society‚ causing injuries
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The current common law rule about duty of care of social hosts involving parties where guests bring and consume their own alcoholic beverages follows under the synonym of common law: general rule. In the case of Child V. Desormeaux‚ it was proven by the courts that the social hosts did not own a duty of care to the people injured by the defendant’s actions. “I conclude that as a general rule‚ a social host does not owe a duty of care to a person injured by a guest who has consumed alcohol and that
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BREACH OF DUTY A school official will have breached their duty of care to a student if they knew about an unsafe situation or condition and failed to take measures to address the situation. Supervising would consist of following the students around and watching over them to make certain they do not pick up any dangerous objects. As the students began to explore the beach‚ TEACHER LIED DOWN to RELAX in the SUN. LYING DOWN and RELAXING are the OPPOSITE of SUPERVISION. Therefore‚ TEACHER BREACHED
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Sarah has come across some issue with her friend Ad‚ Cheryl and the local authority. This essay will explain and advice what actions she should take and relevant case law would be mentioned. Sarah give a lift to Ad to his workplace. She crashed her car and hit a bollard and another car on the road. To find if Sarah owes a duty of care‚ the Caparo test would be used. In order for a duty to impose a duty‚ there must be sufficient proximity. Ad and Sarah are both long standing friends‚ this shows
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SHC 34 Principles for implementing duty of care The fundamental obligation that anyone working in child care has is to keep children safe. The legal term duty of care refers to this obligation and has major implications for a setting and the operation of its services. “Duty of Care” 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
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