Duty of care

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  • Duty Of Care Case Study

    Issue 1: Duty of Care The first issue involved in Michelle and Rebecca case is, did Michelle the defendant owe the plaintiff Rebecca duty of care under law of tort when Michelle offered Rebecca a ride home when she was drunk. Duty of care is referred to the legal responsibility which is compulsory to any individual that requires the reasonable care when performing any act that could direct or indirectly harm others. An essential element of duty of care is foreseeability. Rule 1 In relation to this, the rule of negligent is, the defendant owes duty of care not to harm the neighbour, and however he or she does not owe duty of care to save the neighbour. This is clearly stated in the historical case of Donoghue v Stevenson (1932). In this…

    Words: 1517 - Pages: 7
  • Duty Of Care In The Case Of G Shepherd V.

    It would be reasonable for Roland and Belle to accept G Shepherd & Co’s and David’s advice .In Shaddock v Paramatta City Council ,the High court held that the duty of care extends to the supply of information as well as advice. Therefore, G Shepherd & Co and David do owe a duty of care in relation to the statements made to Roland and Belle. Breach of that duty of care: An objective test is applied in assessing whether G Shepherd & Co and David has met the standard of care expected of a…

    Words: 1455 - Pages: 6
  • Importance Of Duty Of Care In Negligence

    Negligence occurs if someone fails to take reasonable care to prevent loss, damage or injury to others whom they could reasonably have foreseen might be injured if that care was not taken. When accidents happen those usually involved want to believe that a negligence action has occurred and that it was due to the fault of someone else instead of believing it to be accidental. Negligence is a part of tort law, which consists of three essentials that need to be proven by the plaintiff in order to…

    Words: 1345 - Pages: 6
  • Negligence Duty Of Care

    important to remember that it is in the interests of us all to have the maximum freedom from legal intervention. The duty of care needs to be established in order to determine who is legally responsible for the harm or loss suffered. Within the general healthcare setting, a nurse or doctor will owe their patient a legal duty of care (Tingle, 2002). Nurses have to stay vigilant especially when they receive patients that require extra attention. The result of negligence when handling patients is…

    Words: 1500 - Pages: 6
  • Duty To Care Role

    A Duty to Care: The Role of a Nurse in Circumstances of Patient Nonadherence Health care professionals are all too often aware of the lifestyle choices that have led the patient to seek treatment in their care. However, the implications of these lifestyle choices and issues that can arise from nonadherence are often downplayed or simply disregarded by the patients despite the urgency of the matter being expressed by the health care professionals. In other words, sometimes, the patients refuse…

    Words: 1520 - Pages: 7
  • Breach Of Duty Of Care Case Study

    Legal considerations Part 4: A: Leaving a group of people with high disability support needs alone for two hours is an example of a breach of duty of care, and since it comes under the umbrella of negligence, it is a legal issue. Complete the table regarding legal issues in the context of a disability support worker role: Describe one (1) more example of a potential or actual breach of duty of care that would be a legal issue. (50-100 words) If a breach of duty of care occurs, who should you…

    Words: 1549 - Pages: 7
  • Duty Care In Your Work Role In A Nursery

    Explain how a duty of care contributes to the safeguarding or protection of…

    Words: 1569 - Pages: 7
  • Duty Of Care Essay

    There can be a dilemma between rights and choices of children and young people and health and safety requirements and this relates to duty of care, and also UN convention and human rights, childrens rights etc, i.e. they have the right to make their own choices. However, practioners also have a duty of care and children and young people also have a right to protection, safety etc, and it may be that the protection is from themselves in that they need guidance with regards to health and safety…

    Words: 652 - Pages: 3
  • The Importance Of Duty Of Care

    A duty of care is a legal obligation of adults to act in a way that promotes the best interest of the children and keeps them safe from harm. It also includes the obligation to do nothing that might harm the children. In every setting there is set policies and procedures which all staff must follow. These are written to help adults protect children and promote their welfare, however they must stick with the legislation and statutory requirements. According to the Statutory Framework for the…

    Words: 1261 - Pages: 5
  • Importance Of Duty Of Care

    Employers have what is termed ‘ a Duty of Care ‘ to employees. This means Employers must ensure all reasonable steps are taken to ensure that the employees health, safety and well being are protected. In real terms employers are bound by health and safety and employment law, together with common law duty of care. For an employer to ensure the physical and mental well-being of it’s employees, it should not be seen simply as a legal obligation but more as sound business sense; for this…

    Words: 4284 - Pages: 18
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