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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Employer’s Duty of Care Jerry Sutherland Instructor Dr. Smith LEG500 2/13/11 Explain whether Jake’s actions are in or out of “his scope of employment.”? Jake actions are in the scope of his employment‚ he has been promoted to the service manager position. If the other service techs are busy or can not keep up he is qualified to jump in and help out. The only question of his position I have is how many employees Jake has below him. If he has no employees
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Task B Your Work Role Bi. Describe the terms and conditions of your employment as set out in you contract of employment or employment agreement. Job Title - Explains what is expected of us under our job title of support worker and what is expected of us within our duties. Place of Work - Where we are based and where we are to work at various locations decided by the company. Hours of Work - Hours are based on the needs of the company as it is a zero hour contract. Explains the days and hours
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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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Employer’s Duty of Care To what extent are employees required to perform their job with a duty of care? We all know that corporate officers have a duty of care to the corporation that they are employed by. They have an obligation to perform their duties with the care that a person in a like position would reasonably exercise under similar circumstances (Halbert & Ingulli‚ 2010‚ p 52). As a fellow employee down on the totem pole‚ we are held to the same standard to act in good faith in
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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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PERIOD 3 How does Creatine affect your body? How does Creatine affect your body? Creatine affects our body in several different ways. Creatine can provide additional energy for your muscles‚ volumization of your muscles‚ buffer lactic acid build-up‚ and enhance protein synthesis. Creatine can also help stimulate growth in muscles and increase the user’s strength‚ even while doing your normal workouts. Creatine can also be taken in a variety of ways. Creatine can affect your body in a
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Activity 2 - Your work role a) Contract is in accordance with the terms of the "Employment Rights Act 1996" there is a probationary period of 6 months in which performance and conduct are monitored. The current status of residential support worker is a role that has access to vulnerable children and young adults and it is a requirement that an enhanced disclosure to be obtained under the "rehabilitation of offenders act 1974" should at any time ‚ an employee be subject to convictions or
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Moral Duty of Care 1 MORAL DUTY OF CARE Moral Duty of Care 2 There are so many challenges when dealing with a sick loved one. But it can even more difficult when they are unable to speak for themselves‚ uninsured
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could affect your health in the future. Avoid drugs Tabaco and alcohol. If you make good decisions now you can lead a healthy life later on. In my opinion Tabaco and alcohol are both drugs‚ but for the sake of the essay I will stick with just a drugs category. Drugs are bad will just start with that‚ not only are they illegal they are extremely harmful for your health. For this essay I will use marijuana as an example. Marijuana has many harmful side effects. In my opinion the damage it does to your
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