5. Director’s Duties Director’s Duties are part of the idea of risk management; because they take risks all the time‚ they require a certain element of regulation. The law must provide a way of mitigating against the risk‚ so creditors and shareholders can have potential recourse. This is all done indirectly; the company will recover in the event of a breach of duty arising. If the company recovers and suffers no harm‚ then that protects shareholders and makes sure their investments are secure.
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The duty to act is and will be a controversial issue that has existed over time‚ mainly due to its biblical Origin. The parable of the Good Samaritan‚ the ‘Neighbour principle’ in Leviticus 19:16 “Do not stand By while your neighbour’s blood is split and the moral teaching of the story of Cain and Abel. The General rule of no liability for omission obstructs the duty to act‚ this then provides different Approaches in the Law of different jurisdictions. A bystander found failing to assist a third
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The law of negligence has the potential to impose wide liability on defendants. The approach of the courts has traditionally been to try control the scope of allowable claims in negligence and to limit their bounds while balancing the rights to compensation of plaintiffs and the rights of defendants not to be disproportionately burdened. Elias CJ’s quote raises an interesting question about the emphasis of the courts in the formula they have developed to test actionable negligence. Similarities
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WHAT IS DUTY? It is necessary in the study of Karma-Yoga to know what duty is. If I have to do something I must first know that it is my duty‚ and then I can do it. The idea of duty again is different in different nations. The Mohammedan says what is written in his book‚ the Koran‚ is his duty; the Hindu says what is in the Vedas is his duty; and the Christian says what is in the Bible is his duty. We find that there are varied ideas of duty‚ differing according to different states in life‚ different
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Susan Glaspell’s Trifles is a play about the effect of gender differences on perceptions of duty‚ law‚ and justice. When a character named John Wright was murdered‚ the Sheriff and County Attorney go to investigate his house‚ as it was believed his wife murdered him. As the two investigate‚ the Sheriff brought his wife Mrs. Peters and the neighbor of the Wrights that reported the event‚ Lewis Hale‚ brought his wife Mrs. Hale also to the house. While the women stayed in the house‚ they started to
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Duty to Warn/ Duty to Protect BSHS 335: Ethics and Values for Human Services Professionals By: Monica Sandoval Confidentiality between client and therapist could be a risky and tricky. There is no set standard toward the restrictions of its content. It’s morally right to respect and protect the client trusting information but at times it is ethically and legally impossible to keep this information confidential. The duty to warn is that obligated by case law the therapist has to notify the
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Duty to Warn Jessica Hall PSYCH/545 09/4/2011 Dr. P. Duty to Warn The ethical dilemma I wish to explore is The Duty to Warn. This refers to the duty of a counselor‚ therapist to breach one of the most important bonds between a client and a therapist; the law of confidentiality. The therapist has the right to break confidentiality without the fear of being brought up for legal action. If the therapist believes that the client poses a danger‚ or is a threat to himself‚ someone else‚ or society
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The Custom Duty in India is one of the most important tariffs. The custom duty in India is regulated by the Customs Act of 1962. The main purpose of the custom duty in India is the prevention of the illegal export and import of goods. The rates of the custom duty levied on the imported and exported goods are assigned in the Custom Act‚ 1962. The Acts under the custom duty in India: * Foreign Trade (Exemption from application of Rules in certain cases) Order‚ 1993 * Customs Act‚ 1962
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Duty of care- when caring for people that are able and capable of doing things on their own but are in your care. If there is a basketball session and the floor is not dry or hasn’t been dried properly and a child slips and has an injury the person that is caring for the child in the session can be sued for negligence. It’s the duty of the carer to make sure it’s safe to play in a certain activity. Higher duty of care- is for people that are less able of doing basic things daily on their own (young
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The duty of care and the search for certainty: Sullivan v Moody‚ Cooper v Hobart‚ and problems in the South Pacific. Andrew Barker In this article‚ Andrew Barker‚ from the Faculty of Law at the University of Otago‚ considers two recent decisions on the duty of care in negligence: Sullivan v Moody‚ from the High Court of Australia‚ and Cooper v Hobart‚ from the Supreme Court of Canada. In these decisions‚ the two courts have re-evaluated their approach to the duty of care in negligence‚ and suggested
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