The Human Rights Act 1998

The tort law section that falls into this case is negligence. Negligence is made up of three elements which determine negligence and duty of care is owed in this case State of Victoria v Bryar [1970] 44 ALJR 174.

Precedents have played a significant role construction and transformation public policy over time. The concern that judges face is whether establishing a new duty of care will influence public policy. This is the issue that results from in the Cooper v. Hobart case. The judge constructed a final decision that Hobart did not owe a duty of care to Cooper due to explanations that are delineated in public policy. This essay will discuss in favour of the judge’s decision for the reason that establishing a new duty of care would have conflicted with existing public policy. Initially, I will be providing a concise summary about the case of Cooper v Hobart. This involves the facts, issues and ratio. Then, I will elucidate what the Anns test is

Negligence is upholding a certain leavel of care by determining if it meets the four components nessessary for a claim; duty, breach of duty, causation, and damages. In this case duty was not handled correctly. Duty means you agree to take care of a health care patients. THe girls working at the Good Samaritan Home did not take proper care of the residents. Breach of duty is broken down into four categories; Misfeasance, nonfeasance, and malfeasance. In this case the breach of duty refers to nonfeasance. There was a failure to act, by no other employees bringing the ause to attention. Causation requires an injury to be due to the healthcare professionals negligence. In the case of abuse in the Good Samaritan case there was no other way the injuries could have happened. The damages refers to the injuries caused to the residents.

Both statutory interpretation and the Human Rights Act are a doctrine of precedent by which law is changed and justice is served. The doctrine of precedent is an essential principle of English legal system, which is a form of reasoning, interpreting and decision making formed by case law. It suggests that precedents not only have persuasive authority but must also be shadowed when similar situations arise. Any rule or principle declared by a higher court must be followed in future cases. In short the courts and tribunals are bound within prearranged restrictions by prior decisions of other superior courts. All the judges are also obliged to follow the set-up precedents established by prior decisions which is called Stare decisis. Making decisions according to precedent helps achieve two objectives. Initially it aids to maintain a system of stable laws which gives predictability to the law and affords a degree of safety for individual rights. Moreover, it ensures that the law progresses only in accordance with the developing perceptions of the community. Therefore, it more accurately mirrors the morals and prospects of the community that we live in.

UNIT 5 - INTRODUCTION TO DUTY OF CARE IN HEALTH, SOCIAL CARE OR CHILDREN’S AND YOUNG PEOPLE’S SETTINGS ASSIGNMENT OVERVIEW In this assignment, you will demonstrate your understanding of what is meant by the term ‘duty of care’. You will consider the types of dilemma that you may arise in adult social care work, and find out where to get advice and support to handle these. You will look at how to respond to complaints, making sure you know and follow agreed procedures. TASKS There are three tasks to this assignment. TASK 1 2 3 TASK 1 1. Identify the following requirements when dealing with complaints. • Legal EVIDENCE Short answer questions Letter Case studies OUTCOMES 3.1, 3.2 1.1, 1.2 2.1, 2.2

In relation to the Charter, my advice is that Josh’s conduct is not protected and the cancellation of his parole by the Adult Parole Board was not in breach of the Charter. Moreover, the conduct of Dianne and Cary is initially protected by the Charter however due to the limitations placed upon human rights it can be argued that Dianne and Cary’s conduct are indeed in breach. Additionally Victoria police in partner with AX6 are in breach of numerous rights set out in the Charter, which will be discussed in further detail.

This analysis has taken place in regards to the civil case of Moor v Liverpool Catholic Club Ltd [2014]. This case involves Moor the plaintiff accusing Liverpool Catholic Club Ltd the defendant of breaching their duty of care and simply failing to exercise the standard of care required by law. This case involves a civil wrongdoing. A civil wrong doing is generally a breach of a person 's rights. This generally associates with tort. This case involves a specific component of tort, negligence which exercises the legal right for a plaintiff to seek compensation for the damages caused by another party who were seen as legally liable. The case analysed within this report sees a Mr Christopher Moor sue Liverpool Catholic Club

Establishing whether not the current case is analogous to cases in which a duty of care already been determine. For instance the category of which duty of care has been held not to exist. The law justifies all these through the word responsibility. Everyone has a responsibility for their actions. This same word, responsibility, is also used to justify strict and vicarious liability. Parents, guardians, employers and other similar persons are responsible for their wards and employees. I think this is also a balancing of the scale. Due to circumstances such as incapacity in law of inability to pay, the injured party may be

The power to strike down Acts of Parliament is defined as the power to declare legislation invalid because it is unconstitutional. This paper will critically assess sections 3 and 4 of the HRA 1998 by defining them, reviewing case law surrounding their use, and by evaluating the powers that they give to the judiciary. By doing so, it will demonstrate that section 3 gives judges powers that are not significantly different from the power to strike down Acts of Parliament, whereas section 4 does not.

The Human Rights Act of 1998, also abbreviated to HRA is a national law passed in the United Kingdom and mostly came into force on 2 October 2000. Its purpose is to incorporate the rights within the European Convention on Human Rights into UK national law. This law allows the citizens of the United Kingdom to defend their rights in UK courts and states that public organisations such as the Government, Police and other public authorities must respect the people’s rights by treating them fairly and equally with dignity. Firstly, this essay will be discussing what the Human Rights Act (1998) is and its effects. Secondly, this essay will be pointing out the Articles and explaining the Act. Thirdly, this essay will be talking about the history and why this act came into place. Finally, this essay will argue the necessity of the Human Rights Act (1998).

In Gregg v Scott, Mr. Malcolm Gregg (‘the claimant’), the House of Lords examined the law of negligence in the area of personal injury. In order for the claimant to have a successful claim in court, the onus to shifts to the claimant to demonstrate that a duty of care owed by the doctor, there was a breach of that duty, an injury was sustained, and the negligence on behalf of the doctor Dr. Andrew Scott (‘defendant’) was a cause of the ‘injury’. If these elements are not satisfied, the claimant may lose its entitlement to full compensation.

Human rights are universal rights that we are entitled to. It is a freedom that is guaranteed based on the principle of respect for an individual. As mentioned in the preamble of the Universal Declaration of Human Rights, human rights are a “recognition of the inherent dignity and of the equal and inalienable rights of all member of the human family is the foundation of freedom, justice, and peace in the world” (Kent, page 80). When asked what our rights are, we tend to get different answers and meanings. Some people recite the rights that they know; but let’s face it, not everyone knows all of the rights that they truly have. The rights we have consist of many things such as the right of having an adequate food supply. The right to

The court system does not seem to base their judgment on legal elements and legal facts but a major consideration on public policy and interest. This can be seen in Barnett v Chelsea & Kensington Hospital , where the ratio is that the patient would have died anyway in spite of the doctor’s examination. To impose a liability on the doctor would give rise to many claims, involving many unnecessary claims. However, doctors’ duty is to examine a patient and decide on the plan of treatment, where in this case, the doctor did not even examine the patient. The reluctance of the court to impose a liability on public bodies can also be seen in Alcock v Chief Constable of South Yorkshire Police . The court was reluctant to impose a liability on the police force, even when the Taylor Report reported that the accident was caused by the negligence of the police force, as they let too many supporters in. There are enough facts in these two cases to impose a liability on the doctor and the police department respectively, however, the reluctant approach from the court towards public bodies have resulted in unsuccessful claims in these two cases.

From the past, education has always been seen as a crucial aspect of our lives. In 1968, Durkheim stated that ‘society can survive only if there exists among its members a sufficient degree of homogeneity; education perpetuates and reinforces this homogeneity by fixing in the child, from the beginning, the essential similarities that collective life demands.’ Education has become even more indispensable as more instruments start to recognise the right to education. For instance, Article 2 of the First Protocol (A2P1) of the European Convention on Human Rights (ECHR) and Article 28(1) of the UN Convention on the Rights of the Child. This essay will assess the effect of the Human Rights Act 1998 (HRA 1998) in protecting the right to education in England. It is noted that the HRA 1998 provide a relatively limited protection as compared to the rest of the instruments. But looking in light of the proposed reform on HRA 1998, the current protection provided by the HRA 1998 has undeniably secured certain protections toward the children’s educational rights. Firstly, this essay looks into the scope of protections that are provided by the HRA 1998. Secondly, the effectiveness of A2P1. Thirdly, the influence of other conventions with regards to the right to education. Lastly, the essay will conclude by looking at the future reform of the HRA 1998.

The common law duty of care was established in Donoghue v Stevenson [1932] AC 562 (HL) and refined in Caparo Industries plc v Dickman [1990] 2 AC 605 (HL). Any party including public authorities may owe a duty of care to another if particular conditions are fulfilled. The Caparo conditions apply to public bodies in respect of whether it is fair, just and reasonable to impose a duty of care on their actions.