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Duty Of Care

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Introduction
Negligence covers different forms of behaviour and rights in today’s society. The general principle of negligence guarding today’s society is such that a person should not harm people to whom he/she owes a duty of care. Furthermore, the failure to act reasonable is considered to be negligence. A level of care that a reasonable man under the same circumstance would have exercised a better level of care to whom he or she owes the legal duty too. The law of Negligence has advance over the past century with the establishment of the railroads and the rapid increase of Accidents following the industrial revolution and the increase in industrial …show more content…

For this reason the courts acknowledged that duty of care.

Duty of Care Duty of Care is the legal liability or responsibility of a defendant to a plaintiff, which is based on the defendant’s non-fulfillment to obligation or duty owed to the plaintiff. Under duty of care we have the Neighbour Principle, which arose in the case of Donoghue v Stevenson in which lord Atkins was well known for his speech on Neighbour principle is as stated A owes B a duty of care necessarily requires a consideration of whether A ought to take care after B interest. Lord Atkins personal view help to explain that every individual owes a Duty of Care to his or her neighbour There are two starting element to Duty of Care
• Proximity
• Reasonable …show more content…

They were found to be negligent because the person they present as the person to value the house had no construction knowledge and never put himself forward as a competent to value the residence. it was held that a duty of care that arose from the proximity of the parties involved, and also the foreseeability of damage was also established and it also lacked the absence of compelling exception based on public policy. Although this test has been applied in several Supreme Court and high Court decisions, it was only a mere obiter dictum. Which only indicated a retraction towards the approach and general adoption of the English

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State Bank of Lombard, 125 Ill.2d 203, 215-16, 126 Ill.Dec. 519, 531 N.E.2d 1358 (1988) (citing Restatement (Second) of Torts § 314 (1965)), in addressing the duty of care element of negligence by a landowner. The court found no duty of care exists to protect others from criminal activities by third persons unless a “special relationship” exists between the parties. Zeroing in on the special relationship language, the court found that even if a special relationship exists between parties, in Illinois a landowner’s liability extends only to “physical harm” caused by acts of third persons. Marshall, 222 Ill.2d at 437, 305 Ill.Dec. 897, 856 N.E.2d 1048 (citing Restatement (Second) of Torts § 344 (1965)). The court further distinguishes special relationship as business invitor and invitee.

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Lucas has been employed by MRCF to give Mr Hausler what’s meant to be constant safe and quality care and fails to do so. The principle Adverse events and open disclosure 2.4 A has also been disregarded by the employed carer, the guilty carer did not own up to his aggressive actions when caught on camera and pleaded guilty against the incident. 2.4 B, involved the way in which MRCF failed to act immediately in response to the incident in order to protect the safety of the patient. When the Facility became aware of the horrific incident they decided to instead send a threatening letter to the patients daughter claiming her to have breached numerous acts in relation to privacy and surveillance within an aged care facility and refrained her from continuing to film evidence of the incident. 2.4 D, outlines the way

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Explain what it means to have a ‘duty of care’ in own work role It is where we have a responsibility to maintain the health, safety and wellbeing of others. Providing a safe working environment and conditions, offering constructive feedback, to work in a safe and compassionate way to protect others from harm, abuse, and neglect. To promote the wellbeing of others and to also support co-workers and others. Putting the individuals needs and interests at the centre of their care, ensuring the individuals needs are met and met to a high standard.

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The negligence against the Osage was continuous, deliberate, and

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Explain what is meant by the term of 'duty of care': Duty of care is when we must follow the correct policies and procedures in order to protect and safeguard children from any harm. This means that we have a respnsibility to do daily health and safety checks on all equipment that children are likely to use encase any of it is broken, we must carry our risk assessments in order to make sure that all work areas and play areas are safe for children to use and also most importantly we must carry out fire drills so that children are familiar with the sound of the fire alarm, aware on where they have to go in order to reach safety and what they have to do. Upholding the rights of children and young people:

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Standards of culpability vary by state laws, which are set by state. Negligence as to whether conduct constitutes an offense or as to the existence, meaning or application of the law determining the element of an offense. Culpable negligence will be classified as second degree misdemeanor in some states. Negligence is the level in which culpability and intention is the severity of the crime. The degree of culpability is determined by applying a reasonable standard.

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The continuum of care is a range of programs of health care services broken down into three levels. This continuum focuses on matching a patients need with the proper area of needed service. The three levels are primary, secondary ,and tertiary care. There is also an extension of tertiary care called Quaternary care as well. The primary care level of service focuses on a general health provider who will help examine the patient and if need be refer them to a specialist for further evaluation.

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Duty of care is the ability to always act and have the best intentions of the service user and other people that may be affected by your actions. This is a legal requirement to protect the people using the services. This is knowing your limits and not acting in a way that can cause harm or danger to anyone else. Merryvale Residence doesn’t show a duty of care because although they only provide support for 10 people they are still lacking staff and are under the legal limit which means they are breaking the law. Cherry Trees Children’s Centre have failed to show a duty of care by allowing volunteers to look after the children without knowing the emergency evacuation and the fire doors also often being locked.

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1.1 Explain what it means to have a duty of care in own work role. Duty of care means to have a legal responsibility towards others. It is a legal requirement that all health care workers must put the interest of their service users first and make sure that the service users do not come to any harm be it abuse or self-harm. As a care giver, my duty is to provide care according to the organisation’s code of practice in my day to day work, to make sure that my service users are supported and treated with dignity and respect by following the policies and procedures set out by my employer, it is my duty of care to involve service user in their care unless it is not possible for them to be involved. Service should be provided in a safe environment

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Here a compensation tribunal was set up to compensate the families of victims who had died in the Stardust tragedy. The grieving father of one victim sought a review of a decision made by the tribunal to award the mother of a victim compensation and the father no compensation. The court refused to quash the decision of the tribunal and, strangely, agreed that there were circumstances which justified awarding of compensation to one parent and not the other. This decision was made by a court which was quite critical of the approach taken by Lord Diplock in GCHQ. Henchy J. said he would be ‘slow to test reasonableness by seeing if it accords with logic’ and would be ‘equally slow’ to accept the moral standard criteria believing it a vague and inconsistent principle to base reasonableness on.

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2188 Words | 9 Pages

He proceeded on his journey but instead of taking firm’s lorry, he used his father’s car and whilst driving negligently collided with and killed the plantiff’s husband. The workman has used a private car for the purpose of the defendant’s business on other occasion and had never been told not to use a private car for those purposes. The plantiff contended that the workman was acting acting within the scope of his authority and within the course of employment and hence the defendants were held liable for damages. The defendants contended that by taking a private car instead of a lorry, which he was instructed to take, the workman had changed the journey from authorized to an unauthorized journey. It was held that the workman was doing an authorized act within the scope of his employment and although it was done in an unauthorized way, it was not done in a prohibited way and the defendants were

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Duty - is the first element of negligence which refers to the legal obligation imposed on someone requiring them to adhere to a certain standard of reasonable care while performing any acts that could harm

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It is not a requirement that a duty of care be defined by law, though it will often develop through the jurisprudence of common law. " Duty of care is a requirement that behavior and actions towards others and the public are with consideration, forethought and carefulness that any reasonable person in the circumstances would assume. If this standard of care is not met then the actions are considered negligent and may result in legal

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