OF CARE AND SAFEGUARDING ·1) duty of care is to keep children and young people safe and to protect them from sexual‚ physical and emotional harm. Children have a right to be safe and to be treated with respect and dignity. We as adults must take reasonable steps to ensure the safety and well being of pupils. Failure to do this could be regarded as professional neglect. Always act and be seen to act in the child’s best interests. ·2) Duty of care safeguards children by the setting having done risk
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children‚ when assessing whether the risk was not insignificant as the appellants had no knowledge of such. At [46] Macfarlan JA stated that whether the risk was not insignificant ‘was to be determined by reference to the circumstances of which reasonable people in the position of the appellants would have been aware’. 11.45 Section 48(3) of the Wrongs Act 1958 (Vic) attempts to give some guidance on the meaning of
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ethical and legal requirements‚ and the ethical principles that would guide my practice as a nurse in this situation. Negligence is comparable to carelessness. According to Guido (2010)‚ negligence is “a deviation from the standard of care that a reasonable person would use in a particular set of circumstances” (p. 92). There are four fundamental elements to a negligence claim and the rules in a tort law require each element be demonstrated for a claim to be honored in court. They are 1) legal duty to
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Section 151 Contracts Act‚ 1950 principal must ratify the whole contract - Section 152 Contracts Act‚ 1950 the ratification does not injure a third party - Section 153 & Illustration Contracts Act‚ 1950 ratification must done within a reasonable time‚ which is decided by the judges the unauthorised act must be legal. 7. Agency is defined in Section 135 Contracts Act‚ 1950 as a relationship which exists between s principal and the agent authorised to act for him or represent him
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of fail-safe practice. For example‚ most freight elevators and lawn mowers in some countries use a dead man’s switch or a similar mechanism‚ causing them to respectively stop closing the elevator door or shut down if the switch is released. If a person faints while mowing the lawn‚ their hands will relax and the mower will shut off. A very common use is in a locomotive‚ especially those used on underground railway systems or other rapid transit systems. The driver is required to hold down the dead
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Development of Liability Based on Fault a. A tort is a civil wrong‚ other than a breach of contract‚ for which the law provides a legal remedy. b. Area of law that imposes duties on persons to act in a manner that will not injure other persons c. A person who breaches a tort duty may be liable in a lawsuit brought by a person injured by that tort d. Initially‚ you had to have a writ from the King in order to have a claim in court. There were two writs – trespass and case. Trespass was actionable due
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1. The purpose and intent of The Wrongs Act 1958 (Vic) as it relates to torts The Wrong Act 1958 is a law most closely related to people ’s daily life‚ that means it is a legislation dedicated to set lawful regulation when someone in Victoria suffers from injuries of kind‚ he or she shall be lawfully compensated for his injury that may related to financial losses. After hundreds of years of development‚ Anglo-American tort law has formed a very sound legal system with negligent torts occupies
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True Story of Erin Brockovich Anderson v. PG&E [pic] Michael Kelly Business Law Professor Chowdry Erin Brockovich is the story of a woman who helped 650 people in Hinkley California get justice for the actions of Pacific Gas and Electric (PG&E.) The case was titled Anderson v. PG&E and was actually settled outside of court. It was settled in the Superior Court for the County of San Bernardino‚ Barstow Division. The parties agreed on a settlement of
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(Tony)? Rules: * The neighbour principle: In Donoghue v Stevenson1‚ Lord Atkin concluded that we all owe a duty of care to our “neighbors”‚ meaning those persons who we should have in mind when we are contemplating actions that we take as we go about our business and private lives. * Neighbour Defined: “My neighbors are persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when directing my mind to the acts
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10 of the The Civil Liability Act 2003 (Qld). Section 9 sets out the general principles. These include‚ is it reasonably foreseeable that harm will be suffered if a person does an act or omission; is the risk of harm significant or insignificant; a reasonable person would have taken precautions. In deciding whether a reasonable person would have taken precautions the following factors are to be considered: What is the probability that harm will be suffered if precautions are not taken; what is the
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