courts have established that for negligent conduct to be actionable‚ there must be a duty to take care resting on the defendant‚ which must be breached‚ which must cause damage‚ where the damage must not be too remote form the breach. These requirements carry significant policy controls : of autonomy‚ causation‚ foreseeability and proximity which will be discussed in due course. The courts first recognised such a duty in Hevan v Pender though it was in Donoghue v Stevenson that the law of negligence
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DUTY OF CARE A Tort is a civil wrong‚ which is an action brought to enforce‚ redress or protect rights or noncriminal litigation. There are many Torts‚ however‚ of importance is Negligence. Negligence is the failure to do something a person of ordinary prudence would do. Negligence protect against personal injury‚ damage to property and economic loss. In order to establish negligence four elements must be established. Firstly‚ the plaintiff must prove that a duty of care was owed. Secondly‚ the
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Take Home Essay: Common Sense It was America’s first best seller‚ it asked questions that had never uttered before‚ and it is a classic rendition of America’s cry for liberty. Thomas Paine’s essay‚ “Common Sense” set forth revolutionary ideas about republican government as opposed to government with a king. These ideas were revolutionary at the time because Paine dared to accuse what no one had before. He didn’t just denounce the British government but the heart and spirit of their nation‚ their
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confirm that I understand that assessed work that has been shown to have been plagiarised will be penalised. This essay will primarily focus on the situation of Emma‚ a 16 year old patient. In this essay‚ issues such as socio-economic factors‚ psychological circumstances‚ communication and government interventions to care will be examine and explained with evidence to back each of these factors which
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Fiduciary Duties of Directors 1) Duty to act in good faith in the interests of the company In Re W & M Roith Ltd [1967] 1 All ER 427‚ the controlling director of a company had given many years services without having a service contract. He was then given a service agreement providing for payment of a pension to his widow if he died while still a director. He was already in poor health at this time and he died two months later. The pension was paid for several years and then the company went into
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Turner Introduction to duty of care in health‚ social care or children’s and young people settings 1. Understanding the implications of Duty of care. 1.1 * A duty of care means that all health and social care professionals and organisations providing health and care services‚ must act in the best interests of the people they support. 1.2 * The expression is that we ‘owe’ a duty of care to the people we work with. ‘owe’ is a useful word to describe the nature of the duty of care because it
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Omar El-Azhary 6 May 2012 Common Sense Making people understand a serious situation like America’s independence is not easy‚ but Thomas Paine was able to do so through his book‚ Common Sense. Thomas Paine was able to communicate his ideas to common simple farmers and to the high class intellectuals very easily. He lived at the time of the American Revolution‚ and Common Sense is one of his main publications that urged Americas’ independence from the British. Born in 1937‚ Thomas Paine was originally
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a few things you should know... like the term ’Duty of care’......it 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. A negligent act could be unintentional‚ careless or intentional that results in abuse or injury. A negligent act is breaching the duty of care. If an individual has evidence that you
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Duty of care Define the term ‘duty of care’ Duty of care means that you must aim to provide high quality care to the best of your ability and to ensure the well being of the service users. We all have a duty of care to consider the effects of our actions upon other people who may be affected. In the workplace you have policies and procedures that you have to follow. These policies and procedures will affect your role as a carer. Describe how the duty of care affects own work role I keep my
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1) Explain what it means to have a duty of care in your own work role (1.1) Duty of care means:- • To keep individuals safe • To keep individuals free from harm • To give choice Duty of care is a key concept in working with other human beings. It is a legal term for safeguarding yourself and others. Adults with learning difficulties are often vulnerable as they are yet to develop the physical and cognitive capacity to fully care for themselves; they need care and protection from people
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