Major Assignment: Directors’ Duties Case Part A: Whether the directors are in breach of their duties of care‚ skill and diligence Issue1: who owes the duty? According to S 9‚ the person who is appointed to be a director or the person who is appointed to be an alternate director and is acting in that capacity‚ is a director of the company. (S9) As we can see from the case‚ Peter Pansy‚ Fred Fuchsia and Marie Gold are directors of the company‚ and Alison Astor who is appointed to fill a casual
Premium Debt Tort law Standard of care
Australia and many other common law countries (e.g. England‚ Canada) have been reluctant to impose upon bystanders a general duty to aid the proverbial baby drowning in a puddle of water‚ ’ though there have been several exceptions to the general rule which the courts have distinguished‚ usually where some sort of prior relationship exists between the parties. Protagonists of a duty to rescue ’ tend to base their arguments around the idea that contemporary morality demands the law impose some sort of
Premium Common law Tort Morality
In most situations that police officers have to deal with‚ they are given a certain degree of discretion to decide not only when to use force‚ but also about which type of force to use. No matter what the situation is or what it seems to be at the moment‚ it requires the officer on the scene to analyze that particular situation and apply his or her training and moral values when choosing how to react. Police officers and law enforcement personnel hold the lives of each and every individual that
Premium Police Police officer Police brutality
Week 7 Breach of the Duty of Care Negligence Duty of care Established or novel duty? Is it a non-delegable duty? What is the scope of the duty? Breach of duty What is the relevant standard of care? Has the standard been breached? Damage Is it recognized by law? Was the breach a necessary condition of the harm? Is the harm within the scope of the defendant’s liability? Breach of Duty The fault part of the negligence action An act or omission of the defendant A failure to act as a reasonable person
Premium Tort law Reasonable person Negligence
```` Samantha Macdonald Unit 12 : principles for implementing duty of care in health‚ social care‚ or children’s and young people’s settings Duty of Care Lord Atkin defined the duty of care when he gave judgement in the case of Donoghue v Stephenson (House of Lords 1932 relating to a case of a “snail” found in ginger beer sold to a customer” ). He said that: "You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.
Premium Duty of care Tort Risk
THE DUTIES OF THE AGENTS TO PRINCIPAL The duties of an agent depend primarily on the contract of agency if there is one. Subject to any such express terms‚ the agent owes a number of implied duties or obligations to his principal. It is the agency relationship as such that gives rise to these obligations so that‚ as a general rule‚ they fall as much on the gratuitous agent as on the paid agent. 1. Obey the Principal’s instructions Section 164 states‚ The agent must obey the instructions given to
Premium Contract
What role does duty play in ethics? Based on this‚ do you resonate more with the utilitarian‚ virtue ethics‚ Kantian‚ natural rights‚ or egoist theories? Provide an example if you choose to answer this question. While‚ I tend to agree more with the Kantian principle of categorical imperatives which tend to say that morals should come not out of desires or wants but out of duty as desires and wants are hypothetical Imperatives. Duty should be the deciding factor for what is ethical or not. I tend
Premium Ethics Morality Immanuel Kant
certain duties to his country an nation. A citizen should have duties and responsibilities for his country. He should try to do the public good. He should control his conduct on the light of the good of his country. He should exercise his rights with proper judgment and obey the law of road and the like. He should try to build himself to do the best service for the country. He should have patriotism and fellow-feeling. As a citizen‚ he should know his responsibility to discharge his duties. Conclusion:
Free Law Government
‘’Duty of care’’ Letter to a friend. What is meant by the duty of care? How the duty of care affects the work you do as a care worker? Hi friend‚ So you want to work in social care? Well here are a few things you should know‚ Such as the term ‘’Duty of care’’ this means having the duty or responsibility of being a care taker for another person‚ someone too young or too old‚ too ill or unfit mentally or physically to take care of themselves and requires another person to assist them. This
Premium Core issues in ethics Law
| | | |[pic] | | Diversity: Having a diverse workforce is fundamental to Fitness First’s success‚ | |not because it’s the right thing to do‚ but because it makes total business sense. We| |employ people from every background and walk of life. It gives us a vast mix of | |experience and perspectives and means we are better
Premium Marketing