Duty of care contributes to the safeguarding of the young people by firstly protecting them from sexual‚ physical or emotional harm by it being our duty to report any suspicious behaviour in relation to these. SEXUAL ABUSE There are 2 different types of child sexual abuse. These are called contact abuse and non-contact abuse. Contact abuse involves touching activities where an abuser makes physical contact with a child‚ including penetration. It includes: sexual touching of any part of the body
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EXISTENCE OF A DUTY Before 1932 there was no generalised duty of care in negligence. The tort did exist and was applied in particular situations where the courts had decided that a duty should be owed‚ eg‚ road accidents‚ bailments or dangerous goods. In Donoghue v Stevenson [1932] AC 562‚ Lord Atkin attempted to lay down a general principle which would cover all the circumstances where the courts had already held that there could be liability for negligence. He said: "The rule that you
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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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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
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Principles for implementing duty of care in health‚ social care or children’s and young people’s settings 1 Understand how duty of care contributes to safe practice (a) What it means to have a duty of care in one’s own work role A duty of care is a legal obligation to all Health and Social carers and professionals who have to act in the best interests of individuals and others‚ also not to act or fail to act in a way that results in harm. This duty of care can be a general implied
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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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1.1 Define the term ‘duty of care’: 1.1 “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 friends and family and their property. 1.2 Describe how the duty of care affects own work role: 1.2 In your role you have a duty of care to raise any concerns you may have about any aspect of your work. These can range from inadequate
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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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Nursing staff have a duty of care to their patients to ensure that they are getting the best possible treatment and that they are also being well nourished and hydrated. Nurses must ensure that their patients are getting the required meals throughout the day and that they have access to enough water. When a patient is admitted to their care‚ they would start by making a care plan for them and by doing that‚ they would find out their history‚ any allergies they may have. This gives the nurse the opportunity
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efficacious in duty of care‚ the following needs to be formed; i. Was loss to the claimant foreseeable? ii. Was there sufficient proximity between the parties? iii. Is it fair‚ just and reasonable to impose duty of care? ‘Proximity simply means that the parties must be “sufficiently close” so that it is “reasonably foreseeable” that one party’s negligence would cause loss or damage to the other. Together with this‚ fairness is basically‚ “fair‚ just‚ and reasonable” for one party to owe duty to the other
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