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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becomes necessary to employ people to perform our acts. The person employed is the agent and the contract by which he is appointed is called agency. It is the principal who appoints the agent. In an agency‚ an agent acts on behalf of his principal and often uses his name and his acts in that capacity are attributable to the principal. ‘Agent’ is defined in Section 182 of The Indian Contract Act‚ 1872 as; 182. “Agent” and “principal” defined-An agent is a person employed to do any act for another
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Off-Duty Smoking 1. Was Rob’s choice justified? Why or why not? No‚ I don’t think Rob’s choice was justified. Rob did not hire this person because she was a smoker nor because she was less qualified. His reason for hiring her was‚ “Rob had to go with soft reasons. Cathy was a smoker. Rob didn’t like smoking – he considered it disgusting and a sign of weakness of character.” I feel as though Rob was being discriminative towards her. If Rob would have not hired Cathy because of something that she
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This is an interesting chapter and its final conclusion surprises me. It pointed that a supersuccessful layer would possess three features: born in Jewish immigrant family‚ born during a demographic trough (1930s)‚ and his parents worked for garment industry. This conclusion looks insane at the first glance‚ but it is so convincing after reading examples of Joe Flom‚ Robert Oppenheimer‚ Mort Janklow and Louis Borgenicht. Their success can not only attributes to their intelligence‚ hardworking or
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App Final Project HargroveH Fitness For Duty Evaluation Abstract The fitness-for-duty evaluation is an assessment of a police officer ’s psychological ability to securely and effectively perform their job. Officers may be referred or mandated when an officer experiences a work-related injury but is usually in response to questions about an officer’s ability to perform his duty because of psychological factors. The nature of fitness-for-duty evaluations is different from other psychological
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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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are called her citizens. The constitution of India has defined the qualifications to be an Indian citizen. Generally those who are born in India‚ who are born of the Indian parents and who are the long time residents of India are accepted as the Indian citizens. Besides‚ there are some special categories too. Every citizen has certain rights to enjoy. So he would have the obligation to do certain duties to his country an nation. A citizen should have duties and responsibilities for his country. He
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Her Kind Anne Sexton was a profound poet and writer of her time‚ just as well as our time. Sexton used poetry as a gateway to express herself to people. Sexton’s work can be considered as an insight into being a woman. Poetry itself has be considered a way of relieving yourself of your emotions. Many poets have used the works to get a point across or just to inform. Take for instance the poem “Her Kind”. Look how it is detailed and self explanatory. Just reading a poem like this gives people insight
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The story of “Her” is about Theodore Twombly‚ a man nearing the end of his marriage who seems relatively ordinary in the beginning. As the movie progresses‚ he purchases the OS1 operating system that is advertised as being the first artificially intelligent operating system that acts as a real human would. Throughout the movie‚ Theodore is drawn to the operating system (also known as Samantha) and begins to fall in love. The most creative move is simply putting the emotional attachment millennials
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Negligence: The duty of care Introduction The tort of negligence has a role in providing compensation for those who have suffered through the actions of another. A negligent act can be summarised as failing to do something that should be done or doing something that should be carried out in another manner or not at all. When determining if an act is negligent‚ a number of basic principles are called upon in order to establish whether a duty of care is owed and if so‚ by whom. Reasonable Man In
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