Duty of care

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…

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…

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…

EnviroPro that is later sold to the customers. The customer appliance later bought the appliance and cause the customer to be sick. It is Under the statutory law, the customer is able to take action against both retailer and the manufacturer. Duty of care The action for negligence is an action for damages brought by a plaintiff who has been injured by the defendant. In this case, the…

health care practice have been introduced by the Australian courts. Many of these laws and principles have been set in place in order to guide health care practice, as well as protect practitioners from legal claims. Throughout this piece, the laws, principles and guidelines put in place by the Australian courts will be explored regarding negligence in health practice, including those that are aimed to support the rights of patients. Key terms and phrases such as negligence, duty of care and…

consequences of decisions using relevant cases to highlight the importance of the negligent and its elements. There are 3 elements of negligence that has to be observed when one is to decide whether a negligent has occurred and they are: i. A duty of care is owed ii. Duty of care is breached iii. Losses due to…

area of law under consideration is the Occupiers Liability Act 1995. Under this act, it is stated that “In respect of a danger existing on premises, an occupier owes towards a recreational user of the premises or a trespasser thereon ("the person") a duty— ( a ) not to injure the person or damage the property of the person intentionally, and ( b ) not to act with reckless disregard for the person or the…

Alee V. Bob’s Negligence Negligence requires a showing that a duty was owed, that the duty was breached, and that the breach was the actual and proximate cause of damages Special Duty- Land Occupier/Invitee A special duty arises in circumstances involving a land occupier. An invitee is one who enters upon the land of another with the owner’s permission for the purpose related to the activity. The landowner owes an invitee a duty of care to inspect and discover any dangerous condition and to…

The Case of Negligent Tort On April 23, 2015, the Consumer Product Safety Commission announced the recall on Roberta Roller Rabbit Children’s Pajama Sets due to a violation associated with the required Federal Flammability Standards. The Recall number is 15-122, according to the Consumer Product Safety Division the product does not meet the Flammable Fabrics Act, “The children’s pajama sets fail to meet federal flammability standards for children’s sleepwear.”(www.cpsc.gov 2015). The Consumer…

to exercise the care that a reasonably prudent person would exercise in like circumstances the four elements the plaintiff must prove to win this case against the grocery store would be. Element 1: Duty which is to look to see whether or not the defendant owed the plaintiff a legal duty of care. In some circumstances, the relationship between the plaintiff and defendant might create a legal duty a explain would be a lawyer and a person asking for legal help which then creates a duty for the…