is through the doctrine of the duty of care.Essentially‚this is a legal concept which dictates the circumstances in which one party will be liable to another in negligence.Breach of a duty of care essentially means that the defendant has fallen below the standard of behavior expected in someone undertaking the activity concerned ‚so for example‚ driving carelessly is a breach of the duty owed to the road users‚while bad medical treatment may be breach of the duty owed by doctors to patients.In each
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Negligence and Duty of Care Robin McClish Kaplan University Negligence and Duty of Care Scenario: As pedestrians exited at the close of an arts and crafts show‚ Jason Davis‚ an employee of the show’s producer‚ stood near the exit. Suddenly and without warning‚ Davis turned around and collided with Yvonne Esposito‚ an 80-year-old woman. Esposito was knocked to the ground‚ fracturing her hip. After hip replacement surgery‚ she was left with a permanent physical impairment. Esposito filed suit
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Physical Therapists Primary Duties and Responsibilities The primary duty of a physical therapist is to restore‚ maintain and promote optimal physical function. Additional duties and responsibilities of a physical therapist include diagnosing and managing movement dysfunction and enhance physical and functional abilities. Along with restoring‚ maintain and promoting optimal physical function‚ physical therapists also promote optimal wellness and fitness and optimal quality of life as it relates to
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War cannot be morally justified‚ even if it seem necessary or the battle looks to be in your favor. In “On Duties”‚ he says we have certain duties to those who have wronged us but‚ by going into a physical altercation with an opponent is the way of the brute. Humans have been on the earth for centuries and have become to civilized to resort to fighting. All throughout history we see many battles being won and lost‚ for more power or for more money in the winners’ pocket. The costs are far greater
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Assignment Topic Traditionally‚ the performance of an existing contractual duty did not constitute valid consideration for a promise to pay extra money to the contractor. See for example‚ Stilk v Myrick (1809) 2 Camp 317. However‚ the decision in Williams v Roffrey Bros & Nicholls (Contractors) [1991] 1QB1 impacts upon this traditional approach. Explain and justify the traditional approach of the courts and extent to which that approach is varied by the decision in Williams v Roffrey
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The first step to establish negligence is to decide whether the defendant owe a duty of care to the plaintiff. The defendant is obliged to take reasonable care to its neighbor. Neighbors are persons who are so closely and directly affected by ma act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question: Donoghue v Stevenson. Thus‚ the damages occurred must be reasonably foreseeable. In this case
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HISTORY OF FUNDAMENTAL RIGHTS The Fundamental Rights and Directive Principles had their origins in the Indian independence movement‚ which strove to achieve the values of liberty and social welfare as the goals of an independent Indian state.[1] The development of constitutional rights in India was inspired by historical documents such as England’s Bill of Rights‚ the United States Bill of Rights and France’s Declaration of the Rights of Man.[2] The demand for civil liberties formed an important
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that of a male one. A couple should try to become matured and responsible parent as a part of their social duty. In this affair they should not think about whether it would be a boy or a girl. A child is enough to bring them parenthood. The approach should be Kantian. According to Kant one should perform one’s duty‚ whatever consequences may follow. Kant has said one should do his/her ‘duty for the duty’s
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has the right to retire from the firm; 9. If a partner incurs expense on the business or he pays some money on behalf of the firm‚ that partner may get indemnified of these payments from the firm. Duties and obligations of partners: Along with the above rights‚ a partner also has some duties towards partnership and they are: • To devote time and attention to the business of the partnership; • To carry on the business diligently and with the greatest common advantage; • Not to engage in
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Defying Domestic Duties During the Victorian period‚ society was upheld by rigid social and moral values‚ with ideal forms of masculine and feminine behavior. Moral respectability and domesticity were important ideologies of feminine behavior. The woman’s mission was that of a supportive wife and caring mother and her domestic role was seen as an important and essential part of society. However‚ Kate Chopin’s main character‚ Edna Pontellier‚ in her novel‚ The Awakening (1899) and Jane Campion and
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