Duty Of Care Essay

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    Duty Of Care

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    explain the term duty of care and what the term means for a health care professional. In this instance, the assessment explores the role of a paramedic and when their duty of care would come into play. The term duty of care can be defined as a legal obligation that the safety and wellbeing of a person is a priority (Eburn, 2010). The paramedic has a duty of care as soon as they arrive at the scene where the patient is located. As a paramedic, the duty of care is to provide the correct care for different

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    URVEY 2013 40 existence of a duty of care towards the plaintiff is assessed on a case-by-case basis 24 and according to the criteria set out by the House of Lords in Caparo Industries plc v Dickman : 25 foreseeability of the damage, «proximity» between the plaintiff and the defendant, and the fact that it was just and reasonable to assume the existence of a duty of care 26 . However, neither English nor Nigerian case-law recognize the existence of a general duty of care as regards the damage which

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    Duty Of Care Examples

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    a. Describe what is a Duty of Care A duty of care is a persons’ responsibility to avoid acts that could be likely to cause harm to others. The onus is on the plaintiff to show that the defendant owes them a duty of care. b. State the precedent case for duty of care Donoghue vs Stevenson (1932) (the ‘neighbour principle’) is the benchmark case for duty of care. Mrs Donoghue's friend had purchased her a bottle of ginger beer. After she had consumed the ginger beer she discovered a decomposing snail

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    Duty of Care Essay

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    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

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    Case Study: Duty Of Care

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    BUS107 Assessment Duty of Care Issue: Does the defendant Aldi Supermarket owe the Plaintiff Tamara and its customers a duty of care? Rule: Duty of care are known as legal obligation to avoid causing harm and arises where harm is ‘reasonable foreseeable’ if care is not taken. It is also stated that you owe a duty of care to any person that might be affected by your actions and whose wellbeing you should consider before you do something. Application: In this case, the Plaintiff Tamara injure herself

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    negligence against Simon (Defendant). The question to be taken into consideration is that; • Could the defendant be found to have caused the damages? Rule and Application This aspect will address Duty of care for negligent act, standard of care and causation. 1st essential DoC: Did the defendant owe a Duty of Care to Plaintiff? Historical approach from Donoghue v Stevenson (I)Reasonable foreseeability In tort law, foreseeability has been defined as the notion that a particular action viewed under particular

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    how the current law addresses the imposition of a duty of care on public bodies. An evaluation will then be made to determine whether the duty of care the police owe to protect individuals from a known threat should be legally recognised. 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

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    A duty of care is a legal obligation taken on by carer, with the understanding that we are agreeing to make sure that we provide a high standard and quality of care to our residents. Every person is entitled to be supported and should be able to live in an environment such as a care home, which is free from prejudice, safe from abuse, cared for in a reasonable, responsible and respectful manner and where they can feel protected. Under the terms of duty of care, it is our responsibility to make sure

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    relatively a modern tort, prior to 1932 there was no particular standard of care in negligence cases. The existence of a duty of care is a precondition of liability in negligence; it is what transforms factual responsibility for carelessly causing harm into legal responsibility. Originally, ‘a duty of care was recognised only in very limited circumstances’ for instance someone had control of a gun they then had a duty of care to prevent it from causing any harm as in Langridge v Levy. Further, the case

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    EXISTENCE OF A DUTY Before 1932 there was no generalised duty of care in negligence. The tort did exist and was applied in particular situations where the courts had decided that a duty should be owed, eg, road accidents, bailments or dangerous goods. In Donoghue v Stevenson [1932] AC 562, Lord Atkin attempted to lay down a general principle which would cover all the circumstances where the courts had already held that there could be liability for negligence. He said: "The rule that you

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