proceedings against the golf course. REQUIRED Advise Wayne whether he will be successful in legal proceedings against the golf club? ISSUE Has the golf club breached its duty care to Wayne. RELEVANT LAW/RULES To determine if there has been a breach of duty the standard of care needs to be considered. The standard of care is set out in section 9 and 10 of the The Civil Liability Act 2003 (Qld). Section 9 sets out the general principles. These include‚ is it reasonably foreseeable that harm will
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an understanding of the legal responsibilities and obligations of the work role to support quality care. By ensuring that employees understand the legal responsibilities and obligations applicable to the workplace it becomes possible to set standards to which employees must adhere to. Key Performance Indicators should be set and agreed upon with employees so that all workers are aware of the standards expected to be performed. As a result‚ employees should be able to demonstrate in all work they undertake
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Unit 4222-304 Principles for implementing duty of care (SCH 34) Outcome 1 – Understand how duty of care contributes to safe practice 1.1 Within my care setting the service users all have a disability‚ some more severe than others‚ because of this they are classed as vulnerable adults whom are not always aware of how to take care of themselves. It is my responsibility to carry out a duty of care towards them such as‚ ensuring that they have their medication administered‚ ensuring that their personal
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Duty of care Issue: Does defendant (David or the Bright Smiles Dental Surgery) owned duty of care to plaintiff (Tony)? Rules: * The neighbour principle: In Donoghue v Stevenson1‚ Lord Atkin concluded that we all owe a duty of care to our “neighbors”‚ meaning those persons who we should have in mind when we are contemplating actions that we take as we go about our business and private lives. * Neighbour Defined: “My neighbors are persons who are so closely and directly affected by
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the balcony” to smoke without giving a warning about the twelve- inch gap. Because of the gap‚ Lucario‚ an innocent hotel guest‚ fell to her death‚ which is a serious and permanent injury. Weatherford may assert the reasonable person standard‚ which is the standard of behavior expected of a hypothetical “reasonable person‚” in its defense. They could say that a reasonable person would have notice the big twelve-inch gap and do his/ her best to avoid
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have a duty of care in own work role. 1.2:- Explain how a duty of care contributes to safeguarding or protection of individuals. Having a duty of care is an obligation to a professional‚ a child and family. Any family placing a child within an early years setting should feel that staff members will take full care of their child and that they will be safe. Any professional caring for a child would be held responsible if the minimum standard of care is not met. “If a duty of care is not met in
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Unit 205 Introduction to duty of care in health‚ social care or children’s and young people’s settings. 1.1 always act in the best interest of individuals and others not act or fail to act in a way that results in harm act within your competence and not take on anything you do not believe you can safely do. A duty of care is a requirement that a person act toward others and the public with watchfulness‚ attention‚ caution and prudence that a reasonable person
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When I was presented with the essay title ‘employers liability in tort for injuries suffered by employees at work’ immediately I was interested as I soon realised this law is highly relevant in all our day to day lives . This topic holds a lot of confusion and is a very complex. A lot of uncertainty surrounds the law‚ this is why I have choose to crytically analyse it thouroughly so I can gain a greater knowledge and hopefully write a great essay. At first I will begin with a brief intoduction
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Unit 54.. Duty Of Care 1.1 Within my work role I have a duty of care to ensure that‚ myself and the students are taking reasonable care in and around the setting to enable them to avoid injury to one another and / or making any damage to the work setting which could conclude in an injury. As well as this I have a duty of care to watch over the students for example during individual work‚ and making sure they are all treating each other as equals‚ that they are listening to each other and are all
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Application of English Law Act and Singapore courts mainly concern themselves with the old‚ pre-statue English court decisions. Two main steps are followed to establish a duty of care. First‚ the factual occupier has to be identified by virtue of control. Second‚ the type of entrant has to be identified as the standard of care depends on whether one is an invitee‚ a licensee or a trespasser. Spandeck Test The case of Spandeck Engineering (S) Pte Ltd v. Defence Science & Technology Agency (Spandeck)
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