1. Does a partnership exist? a. Is there a business? i. Yes. S1(b)‚ Hope v Barthrust City Council (1980) 144 CLR 1‚ implied that a business is a commercial activity which has repetition & continuity. The judge held that “a business is a commercial enterprise which is a going concern engaged for the purpose of profit on a continuous & repetitive basis”. b. The business must be carried on i. This again involves continuity and repetition. The case had mentioned that the restaurant would run from a leased
Premium Corporation Partnership Types of companies
Introduction to duty of care in health‚ social care or children’s and young people’s settings. Assignment 205 Task A: Ai & Aii: Please refer to page titled ‘Letter to a friend’. Task B: Bi.The difficulties in this dilemma are upholding Mrs Ahmed’s right to choose and exercising my duty of care‚ in this case they will conflict as my duty of care would be to ensure she wasn’t putting herself in any harm which she would be doing if she were able to eat the food she wants which isn’t recommended
Premium Law Management Complaint
Duty of Care To meet my Duty of Care it is my responsibility to - ( Keep my knowledge and skills up to date ( Provide a quality service based on my skills‚ responsibilities and activities within my job role ( Be in a position to know what must be done to ensure that the service is provided safely ( Keep accurate records of my work‚ both in the patients notes‚ on the computer and in my work diary. ( Not to delegate work‚ or accept delegated work unless I feel I am competent to do the
Free Occupational safety and health Employment Health care
invitation to treat is not an offer‚ but a statement or expression made by a person to invite offers for consideration. With reference to Gibson v Manchester City Council [1979]‚ the Council was running policies of selling council houses to the occupants‚ saying that they may be prepared to sell the house and require the occupants to
Premium Contract Contract law Management
| AssessmentCriteria | The duty of care is a requirement that a person act toward children in their care with watchfulness and attention. To have a duty of care in child care means 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 practitioners must take reasonable steps to ensure the safety and the well-being of children in our care. Failure to do so could be regarded
Premium Developmental psychology The Child Resolution
Did the appellants owe a duty of care towards the deceased? If the appellants did owe a duty‚ how did they both breach that duty. In this case the appellants argued that to establish a case of manslaughter by negligence it must be proved by the prosecution that they duty of care has to exist between the parties. As Stone agreed to take Fanny into his home‚ both Stone and Dobinson assumed a duty of care to take care of her. They did not pursue this duty leading to Fanny’s health severely deteriorating
Premium Law Tort Tort law
Duty of care Safeguarding is keeping children safe from harm. Safeguarding and child protection are closely related which makes it easy to confuse and mix boundaries. Child protection refers to the amount of activities taking place when neglect or abuse is suspected or identified. Confidentiality is very important when working with children‚ it must stay within the setting and shouldn’t be talked about outside to family or friends. An example of safeguarding in placement that I have experienced would
Premium Childhood Children Act 1989 Law
the Duty of Care in Health and Social Care in Children and Young People Settings Understand how duty of care contributes to safe practice 1 Explain what it means to have a duty of care in own work role Duty of care is defined simply as a legal obligation to : Always act in the best interest of individuals in care and others Not act or fail to act in a way that results in harm Act within own competence and not take on anything not believe we can safely do As a care worker‚ we owe a duty of care
Premium Risk Standard of care Negligence
CASE ANALYSIS: BREACH OF DUTY OF CARE BY AN AUTHORITY AND CONTRIBUTORY NEGLIGENCE Summary of Facts Carey v Lake Macquarie City Council is an appeal from the district court of New South Wales‚ concerning negligence. The appellant‚ Carey‚ was riding his bicycle through a public park before sunrise‚ which he did regularly. One morning the appellant took a path he had never cycled on before. He was injured after cycling into a bollard positioned in the middle of the path. The bollard was slightly visible
Premium Tort law Reasonable person Standard of care
Merton Electronics Case Study 1) Merton Electronics is subject to transaction exposure. Transaction exposure is the gains or losses realized from the settlement of specific transactions that are denominated in a foreign currency. There are two main types of transaction exposure: 1) Purchasing or selling on credit goods denominated in a foreign currency 2) Borrowing or lending funds when repayments is going to be made in foreign currency. In respects to Merton’s Yen payments they are subject
Premium Currency United States dollar Exchange rate