Duty of Care: GELERAL
Week 2::Seminar 2
This concept is based on three proof of elements, its ingredients are – A legal Duty of D towards the C to exercise care in such conduct of D as falls within the scope of the duty, Breach of that Duty means failure to come up to the standard required by law & Consequential damage to C which can be attributed to D’s conduct.
Duty of Care General: Duty is the primary control device which allows the courts to keep liability for negligence within what they regard as acceptable limits and the controversies which have centered around the criteria for the exercise of a duty reflect differences of opinion as to the proper ambit of liability for negligence. Before Donoghue v Stevenson, there was no …show more content…
In a decision of Privy Council , Yuen Kun Yeu v AG of Hong Kong, court interpreted the 1st stage of Anns that, proximity of relationship means that there has to be some special relationship and the relationship depends on the reasonable contemplation of the D that his carelessness may harm the C.
What happened in this case, X Company gained their license from the D and cheated C, lots of people lost their money. Here court pointed that there was no special relation between C and D, there was no proximity and thus no Duty. However, it may be said that it is also a policy decision because, the class of people was so large, if court granted a claim then there would be a flood gate of new claims.
Then Comes the case Caparo Industries plc v Dickman: F Company, manufacturers of electrical equipments, was the target of a takeover by Caparo Industries plc. F was not doing well. At this Point Caparo was buying shares of F company the accounts was checked by Dickman. Caparo reached a shareholding of 29.9% of the company, at which point it made a general offer for the remaining shares, as the City Code's rules on takeovers required. But once it had control, Caparo found that F's accounts were in an even worse state than had been revealed by the directors or the auditors. It sued Dickman for negligence in preparing the accounts and sought to recover its losses. This was the
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This paper will explain the components of the Home Health Care delivery system of continuum. The reader will be able to understand some of the services provided by the home health care system and how they fit into the continuum of care. It will give details on how the entity does or does not contribute to the overall management of healthcare resources.
A duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeable harm others. A definition from Wikipedia
This report will be analysing the policies and legislations guiding the service user and the organisation caring for them. The importance of ethics in social care will also be explained .the case study will be discussed using the policies and legislations provided by the government.
The purpose of this essay is to look at barriers of compassion and what nurses could do overcome these barriers. Three sub topics will be looked at over the course of this essay and a conclusion will be made to evaluate these essays findings and to provide some input into battling these barriers so that patients can receive high standards of patient care.
To have a duty of care means you must aim to provide a high quality of care to the best of your ability, not act in a way that could case harm and always act in the best interest of the individual.
By involving the State in the process encourages them to make sure that laws are implemented to reduce claims and damage actions, which will in turn reduce financial burden on their budget. This principle was established in Francovich and Bonifaci v Republic of Italy . In this case Italy had not enforced Directive 80/987 hence applicants owed unpaid wages sought to rely on this Directive to receive compensation. The Court of Justice held that the relevant provisions were insufficient to be directly effective, nonetheless the full effectiveness of EU law would be reduced if individuals were unable to have redress when their rights were infringed by the state’s breach of EU law. Under article 5 EC, now Article 4 TEU, Member States must take all appropriate measures to fulfil their EU law obligations. “Member States are obliged to make good loss and damage caused to individuals by breaches of Community law for which they can be held
Drug and Alcohol Treatment in America has been based on the Medical Model of Treatment. According to Wikipedia, the medical model of addiction is rooted in the philosophy that addiction is a disease and has biological, neurological, genetic, and environmental sources of origin. Treatment includes potential detox with a 28 day or more stay at a residential treatment facility. The continuum of care can include an additional 28 days at the partial hospitalization level, followed by another 6 weeks of Intensive Outpatient.
The service site /s include; a clients’ home, nursing homes, or hospice facilities. The VNA volunteers visit the clients, and offer support for the family members. The volunteer may read to client or just visit, this allows the family or nursing staff a little freedom to take on other tasks. Volunteers offer comfort to the clients, it is an effort to let them know someone cares about them while they are approaching end-of-life. The volunteers offer no medical advice, or care, administers no medication or performs no procedures, but offering comfort through just sitting and talking with the client can be great medicine.
Access of care can be defined as the capability to obtain affordable, convenient, acceptable, effective and mostly needed healthcare assistances at the right time. According to healthy people 2020, access to care is the appropriate use of healthcare amenities for a person to attain the best possible health condition. This include entry to a health care system, access to appropriate locations with needed services, and contacting a health care provider who can be trusted ("Access," 2013).
Aristotle and Rita Manning both have different theories when it comes to ethics. Aristotle uses virtue ethics to answer questions about morality whereas Manning uses what is called ethics of caring to do the same thing. Virtue ethics claims people’s actions aim towards the highest good of happiness. From happiness, moral virtue stems from reasons governing the desires of the soul. Manning on the other hand believes that moral actions extend from people caring for one another on a personal level. By developing the ability to care for others, people become morally aware of how to act in certain situations. When the question of: “how ought I live my life?”
'Proximity' is shorthand for Lord Atkin's neighbour principle. It means that there must be legal proximity, i.e. a legal relationship between the parties from which the law will attribute a duty of care.
“In the majority of cases that come before the courts, whether the defendant owes the plaintiff a duty of care can be determined from precedent created by earlier cases; for example manufacturers of goods owe a duty of care to consumers, motorist owe a duty of care to other road users, boat captains owe a duty of care to their passengers, teacher owe a duty of care to their students, occupier owe a duty of care to persons who come on to their property. . (Andy Gibson, Douglas Fraser, Business Law 5th edition, Pearson 2011 page No.165, 166 and 169).”
The Said decision was passed by the bench consisting of Sir John Donaldson M.R, Lloyd and Nicholls L.JJ. In the next parts, we shall try answering the question posed by the title from the excerpts of the Judgments of their Lordships.