The Duty Of Care On Public Bodies

The Duty Of Care On Public Bodies
An explanation will be made on 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. 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.
The fundamental case to address the duty of care imposed on a ... Show more content on
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Further to the general negligence position on public bodies, in instances of omissions the general
principle is that there is no duty to act unless a special relationship exists. However, there is an
exception, a duty is owed if proximity is established as demonstrated in Home Office v Dorset Yacht
Co Ltd [1970] UKHL 2.
Lord Bingham did not agree that the policy arguments established in Hill and subsequently followed
in Brooks to be appropriate in the context of Smith. In Smith he attempted to introduce a 'liability
principle'. The principle proposed that where evidence is credible and the threat is specific and
imminent, reasonable steps must be taken to assess such a threat and act where necessary. He did not
agree that adopting the principle would induce defensive practices, neither did he agree that
accepting the principle would detract from the police's primary functions. The 'liability principle'
reflected the content of Article 2 European Convention on Human Rights (ECHR), Right to life.
Following the signing of the ECHR, the United Kingdom introduced the Human Rights Act 1998
(HRA 1998). Under s6(3)(a) HRA 1998, the courts are now considered a public body, therefore no
decisions they make can affect the guaranteed rights of any individual under ECHR. The
introduction of this legislation has resulted in individuals bringing claims for Human Rights
breaches where negligence claims have
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Duty Of Care For Negligent Act
Introduction
Background to the answer:
ISSUE:
The area of law is Negligence and the issue is Adams (Plaintiff) injuries and his chances of success
in any legal action he might take in 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 circumstances would lead to an anticipated result. This means that there was a foreseeable
injury, and a person has a chance of taking precautions and refrain from the behaviour that could
likely lead to the harm (Birmingham& Brennan, 2012).
In saying this Simons damage to Adam was that of a foreseeable type even though he had to throw
his helmet that bounced on the ground and striked Adam through frustration. In the case of The
Wagon Mound No2 [1967]1AC617, The defendant 's vessel, The Wagon Mound, leaked furnace oil
at a Wharf in Sydney Harbour due to the failure to close a valve. Some cotton debris became
embroiled in the oil and sparks from some welding works ignited the oil. The fire spread rapidly
causing destruction of some boats and the wharf. It was held that the defendants

Legal systems: Duty of Care and Negligence
Legal systems are critical to the functionality of any given society. In particular, issues of duty and
responsibility are fundamental to address especially when one party causes harm or injury to
another. In this respect, the concept of duty of care and its connection to negligence serve a key role
in the society. Tort law provides for legal processes following acts of negligence that exhibit duty of
care. The underlying liability in negligence, however, is limited because duty of care must be
justified before the courts.
Acts of negligence could result in many different forms of harm or injury. Under the common law,
acts of negligence could result in physical injury, psychological harm or economic loss. These
outcomes equate to a given ... Show more content on Helpwriting.net ...
In other words, the negligent act or conduct of the defendant must pass the test of foreseeability.
Without showing that the harm was reasonably foreseeable, the underlying liability becomes
critically limited.
The courts' ability to limit liability is not only rooted in reasonable foreseeability of the harm but
also in the link between the harm and the defendant's conduct. In other words, the foreseeability of
the harm must be as a result of the defendant's conduct. Liability becomes embedded in this
requirement, thus limiting the adoptability of the case by the court. In the event that reasonable
foreseeability lacks to connect to the conduct of the defendant, the defendant's liability becomes
limited.
Foreseeable harm and the conduct of the defendant constitute the first part of the three–way system
that courts use to limit liability in negligence. The second principle that courts employ relates to the
defendant–claimant relationship and the proximity between the two parties at the time of the alleged
negligence. Courts require that allegations of negligence be accompanied by a relational proximity.
As earlier mentioned, parties to a case of negligence must have interacted in one way or another.
The case law principle of proximity between parties allows courts to limit liability in negligence.
Failure to evidence a relationship of proximity subject to the provisions of duty of care leaves the
defendant with little or no

Explain The Duty Of Care Within The Law Of Negligence
The law of negligence covers a broad spectrum, with negligence being defined to apply in 'any
situation where a defendant has breached a duty of care owed to a claimant'. This essay will seek to
look into the different areas within the law of negligence, to assess Lord Toulson's assertion in
Micheal v Chief Constable of South Wales (2015) . There will be a primary focus on his notion of
'incremental growth' , 'argument by analogy' , and the necessity of 'policy considerations' , with
particular regard taken towards the mixture of policy considerations, in an effort to determine
whether some areas, such as social costs, are weighed more heavily than others. Due to the wide
breath and material covered under the law of negligence, this essay ... Show more content on
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Furthermore, the Ann's test similarly reflects this notion of limiting potential claims by specifying a
'sufficient relationship of proximity based upon foreseeability' between claimants and taking
considerations on policies which could negate a duty of care. This explicit acknowledgement of
policy considerations illustrates how the courts are keen to prevent the floodgates opening, as a large
volume of new claims could swamp the court's resources. However, in particular to the Anns test,
the incremental growth of law and the implementation of the Caparo test didn't emerge from a lack
of policy consideration, but rather from no recognition of previous policy, as 'it was not necessary to
bring the facts of that situation within those of previous situation where a duty of care had been held
to exist' within the Anns test. This draws parallels with Lord Toulson's idea of an 'argument by
analogy for extending liability' . The fact that there was no homage paid to previous case law in
determining a duty of care may contribute to the necessity of implementing the 3 stage Caparo test ,
as it is necessary for courts to be consistent in their rulings so that people know where they stand
under the law. This notion is supported by the

The Legal Definition Of A Duty Of Care And Negligence
The legal definition of a duty of care and negligence is very complex. It primary concerns itself with
relationship between the defendant and the claimant, it must be established that there is an
obligation upon the defendant to take proper care to avoid causing injury to the claimant in all
circumstances.
Determining negligence is not always easy. Before 1932 there was no generalised duty of care in
negligence. The tort did exist but it was only applied in particular situations where the courts had
decided that a duty should be owed, e.g., road accidents, bailments or dangerous goods. Third
parties who suffered as a result of a breach of contract had no remedy, because they were not a part
to the contract and thus excluded by the doctrine of privity, which means that only parties to
contracts should be able to sue to enforce their rights or claim damages.
The idea of a duty of care in the tort of negligence has been developed over the years through judges
making decisions in high profile cases. In a ground breaking case and milestone in Donoghue v
Stevenson [1932] AC 562, an opportunity had arisen for Lord Atkin to formulate the "neighbour
principle". By doing so It created the and laid down the foundations of modern law on negligence,
by setting out general principles whereby one person would owe a duty of care to another person.
Facts: May Donoghue, a shop assistant, met a friend at the Well meadow cafe in Paisley, near
Glasgow. Upon arrival Ms Donoghue's friend

Does Act Government Owe Alex A Duty Of Care? Essay
Issue1: Does ACT government owe Alex a duty of care?
Relevant law: To establish duty of care, plaintiff must prove the reasonable foreseeability of harm as
the result of defendant's acts or omissions,[ Chapman v Hearse (1961)] and the relationship was
'sufficiently close' to require defendant not to put the plaintiff at risk.
Application:On the condition that neighbors have complained about the existence of vicious dogs,
it's reasonable foreseeable that there is real risk of harm if not taking any precautions. From the
relationship perspective, the landlord has a responsibility to its tenants, and those who enter its
property. Further the government has the ability to control whatever caused the harm, especially
when the plaintiff is vulnerable––it could have enforced its law on hearing the complaints.[2 Caltex
Refineries(Qld) Pty Ltd v Stavor(2009) 75 NSWLR 649]2
However there has been no attacks reported previously and the foreseeability may be argued.[3
Bolton v Stone [1951] AC 850]3 In Bolton v Stone, the Court held the defendant was not liable
because of the non–foreseeablity that no one had been hit in the past 28 years.
Conclusion: On balance, ACT government owes Alex a duty of care.
Issue2:What is the standard of care? Does ACT government fail to meet that standard of care?
Relevant law: Standard of care requires the defendant to do what an 'ordinary, reasonable and
prudent' person would do.[4 Civil Law (Wrongs) Act 2002 ACT S42]4 If the government's omission
is so

Duty Of Care
The purpose of this written assessment is to 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 medical situations and ensuring that the care is in
the best interest of the patient (The Council of Ambulance Authorities, 2010). The paramedic also
has the duty of maintaining the correct and professional ... Show more content on Helpwriting.net ...
The patient has a legal right to accept or decline the medical help from a paramedic. In the instance
of a patient declining medical help the paramedic must accept the patient's decision and must
conduct an assessment for the validity of the patients' decision (Clinical Quality & Patient Safety
Unit, QAS, 2015). The assessment that is performed is known as VIRCA; Voluntary, Informed,
Relevant, Capacity, Advice (Clinical Quality & Patient Safety Unit, QAS, 2015). This assessment
will inform the patient that the decision made is voluntarily and was not influenced by anything or
anyone. The patient is then informed of all possible risks and consequences that may occur since
medical treatment or transport was declined (Clinical Quality & Patient Safety Unit, QAS, 2015).
The refusal has to be valid and the patient should not be specifically refusing treatment for an
unjustifiable reason e.g. the patient does not like a particular hospital; the patient has the capacity to
refuse treatment and/or transport and understands the risks, and finally the paramedic will give
advice and recommendations about safety so that the patient's decision not to be treated or
transported can be complied with by the paramedic (Clinical Quality & Patient Safety Unit, QAS,

Understanding How Duty Of Care Impacts On Occupational...
Summary Understanding how duty of care impacts on occupational health and safety policies is a
crucial element in workplace policy development. Duty of care is not generally defined in
legislation and is evolutionary as it adapts with the change of society. The reader needs to
understand this when introduced to duty of care. Employees should understand how and the scope of
the duty of care as it applies to them, as demonstrated in the examples included in this report. It is
also important to communicate to all staff how, when implemented correctly, duty of care benefits
not just the employer, but also the worker alike. In conclusion everyone from the organisation itself
right down to the entry–level employees has a duty of care to some ... Show more content on
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In conclusion, the findings will then be summarised and recommendations will be stated.
Occupational health and safety and its role in the workplace Occupational Health and safety can also
be referred to as Workplace Health and Safety, which is applicable within all Australian
jurisdictions. Employers have a duty to ensure, as far as reasonably practicable, both the health and
safety of their employees and others within the workplace (Mann and Blunden, 2010). It is
mandatory for organisations to manage and reduce workplace hazards and risks to ensure the safety
of all workers. Workplace hazards are potentially a source of harm or conflicting health effects on a
person (Hsa.ie, 2015). Workplace risks are the probability that a person may possibly be harmed or
suffers conflicting health effects if exposed to a hazard (Hsa.ie, 2015). The table below will provide
some examples of workplace hazards and risks. HAZARD RISK IMPACT Electricity Shock,
Electrocution Injury or Death –Economic & Social Wet Floors Slip, Fall Injury or Death –Economic
& Social Chemicals Burn, Inhalation Injury or Death –Economic & Social Sharp Objects Cut, Stab
Injury or Death –Economic & Social Occupational Health and Safety (OHS) requires organisations
to manage accident risk

Negligent Misstatement: Breach Of Duty Of Care
Introduction
Negligent misstatement is breach of duty of care between the professionals and their clients. It
relates to a representation of fact which carelessly made and relied by another party which cause
them in disadvantageous circumstance. The duty of care is a common law arrangement where the
client expects a professional level which held by those in the profession. Negligent misstatement
made by a professional is possible to cause economic loss to his/her clients. This is provided
however that a special relationship or a sufficient proximity exists between the parties ("Negligent
Misstatement – Law", n.d.).
In addition, there are a few elements required to prove professional negligence. First, the negligence
is committed in the ordinary ... Show more content on Helpwriting.net ...
There are different consequences of a breach of the fiduciary duty that arising from the negligent
misstatement. The summaries case law below will be further emphasizing on the issue of negligent
misstatement, fiduciary duty and special relationships.
In the law case of Chaudhry v. Prabhakar and Another (1989), the plaintiff has asked the defendant
to help her to purchase a second car that no involved in accident before. The defendants owe a
fiduciary duty towards the plaintiff and not making negligent misstatement. Nevertheless, the
defendant has provided the negligent misstatement to the plaintiff which is the car has involved in
the accident before and resulting in the loss of plaintiff.
Furthermore, the law case of Candler v. Crane Christmas & Co (1951), the plaintiff relied on the
defendant account report to make an investment into the company project. The defendant owe a duty
of care to all those whom rely on their account reports. Nevertheless, the company has gone
bankruptcy and cause the plaintiff loss in his investment because of the defendant making a
negligent misstatement which is carelessly prepared the account

The Importance Of Relation To The Common Law Duty Of Care
Introduction:
Job references are crucial as they can be a deciding factor in whether or not a person will get a job.
Therefore, they should reflect a person accurately, and if they do not, it is important to question if
the employer is liable for writing a bad reference. This will be discussed in relation to the common
law duty of care, as well as being linked to the liability of Universities in respect of students.
Discussion:
Firstly, it is important to establish whether the employer owes a duty of care or not. The case of
Caparo v Dickman resulted in a three stage test about duty of care and to address responsibility in
determining where the liability of the financial loss lies. The test ruled "The harm caused by the
negligent actions must be reasonably foreseeable; the relationship between the parties to the dispute
must be one of reasonable proximity; and it must be fair, reasonable, and just to impose liability."
This test provides a qualification for establishing duty of care. Linked to this, in the Spring v
Guardian Assurance case it was decided that there was a duty of care owed to the employee. If they
duty is violated, then the liability of the economic losses suffered by the employee are given to the
employer. Lord Woolf believed that it was necessary for the employer to be liable in damages as the
law of defamation does not provide adequate remedy for damages caused as it requires malice not
just negligence.
Another way to indicate duty of care is using the

Why Is Duty Of Care Important
Why is Duty of care important?: fundamentally, an obligation of care duty is the lawful commitment
of both people and organisations to cling to a standard of sensible care when performing acts that
could predictably hurt others.This is the primary indicate that requirements be built up before suing
people or organisations for demonstrations of carelessness. Examples of duty of care: The obligation
of care is a standard in the law of carelessness. It is an obligation owed to utilise sensible care; at the
end of the day, one must go about as a sensible individual. It is an obligation to act the way a
mindful individual ought to act in a given arrangement of conditions, and a deviation from this
could bring about carelessness. Safeguarding: safeguarding protecting is protecting vulnerable
adults or children from misuse or neglect.It infers guaranteeing people are supported to get
incredible access to social protection and stay well. It isn't right if weak people are not treated by ...
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turning away harm to adolescents' prosperity or change. ensuring kids grow up with the game plan
of shielded and effective care.Safeguarding is fundamental since it secures the individual and
guarantees they're ensured. In the account we saw that the care Joan got did not secure her since she
was trapped. Person centred approach to care delivery:: Keeping as a primary concern the true
objective to fit in with staff working illustrations, people living in care homes may have expected to
get up generously earlier in the morning than they expected to, or go to bed altogether earlier during
the evening. This joins getting up and going to bed amid a period that suits them, settling on choices
about the support they have to eat, the pieces of clothing they have to wear and the activities they
have to

Call Of Duty: Call Of Duty Modern Warfare
Call of duty is a game franchise that amazes with every new release and with the new cod infinite
warfare, coming in November. One would like to celebrate it by comparing Call of duty stories to
real life war. Warning one will only be using the story from Cod Modern Warfare up to black ops 3
so there will be no call of duty classic or the originals or Cod Ghosts. There will also be some
zombies content. let's see how it fairs with Cod4 or Call of duty Modern warfare. It was released in
2007. In the game you play as the Americans and only the Americans even though you play as 3
different people. You play as John, Soap, Mactavish and Sergeant Paul Jackson, and captain Price
who back then was probably a private. (http://callofduty.wikia.com/wiki/Modern_Warfare(series))
In one of the missions there was an assault on Al–Asad's capital. Where someone detonates a
nuclear bomb killing off Sergeant Jackson. Sadly, one wasn't able to find information on this so this
could not be correct. In call of duty World at war which was made in 2008 you play as 2 factions
well countries military forces. The first few missions you play as the United States military and you
are battling Japan's military. In real life ... Show more content on Helpwriting.net ...
Note I won't be using the past stories in the game only futuristic parts. In the future you are hunting
a bad guy named Raul Menendez who killed Woods team and captured him.
(http://callofduty.wikia.com/wiki/Call_of_Duty:_Black_Ops_II) Woods wanted revenge on Raul for
his team and in 2025 they have more tech. There are V–tols or planes that take off like helicopters
are real except they are unmanned. (http://www.popsci.com/military) Those are actually pretty cool
now one would love to have one. Oh yeah in multiplayer there is something called a hunter killer
drone the Air force wants them in real life. They want there to be thousands of them to take down
missiles and enemy planes. Send in the

How Bill Has Breached The Duty
With this, the existence of a duty of care has been proven and is now time to see if it has been
breached. It is up to Arthur to show Bill has breached the duty . To do so he will need to prove a
reasonable man would have not acted in the same way. The test is objective in a sense that Bill's
skill would not be considered in favour of those of a man who is "presumed to be free both from
over–apprehension and from over–confidence" . Bill ignored a warning saying no HGVs should be
crossing the bridge, it can be argued that no reasonable person would do this.
Moreover, seeing as Bill is a professional, the case of Maynard could be used to further support
Arthur's claim. In this case, it was held that it should also be shown no professional would agree
with the conduct of the defendant. In other words, would another policeman agree on letting an
HGV pass in such weather? The answer to this would arguably be no.
Having proven there is a duty of care and it has been breached, the next step would be to show the
breach was what caused damages. Causation has 2 main elements– legal and factual. In order to
establish legal causation, one must use the "but for" test. In our case, the test would look something
like, "But for Bill's negligence, would Arthur's accident have occurred." This test only questions the
facts of the case and is relatively straight–forward. Thus, ignoring everything else, no, Arthur would
not have been in an accident if he had not been on the bridge, which Bill

Case Study: Duty Of Care
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 by slipping on a puddle of melted ice cream in Aldi Supermarket. The injuries
happened on Aldi Supermarket's premises. This established that the defendant has duty of care to the
customers that are shopping on their premises. As reiterated in the case of Donoghue v Stevenson
(1932), Stevenson owes a duty of care to his customers as manufacturer of the product that he is
selling. This shows the similarity between Stevenson and Aldi Supermarket in this case which both
owes duty of care their customer. Conclusion: In conclusion, Aldi Supermarket owes a duty of care
to the Plaintiff Tamara and their customers. Standard of Care Issue: The Plaintiff Tamara will need
to prove that the Defendant Aldi ... Show more content on Helpwriting.net ...
It can be presumed that the negligent act would never happened if the defendant would have told the
staff to clean it in the first place as it is their duty of care to ensure the safety of their customers on
their premises, but this case may be argued however as reiterated in the case of Strong v Woolworths
Ltd (2012) HCA 5 in which the High court rejected Woolworths Ltd argument by stating that the
onus of proof could be satisfied by considering the "probabilities in circumstances in which the
evidence did not establish when the chip was

Cicero On Duty Essay
Cicero's definition of duty is a term in which in this course, is far reached than what we would have
ever thought duty would stand for. Defining duty can be said to be a commitment or obligation to
someone or something that causes them to pursue a certain action. Duty is split into two parts which
consist of dealing with what is the "supreme" good and second, practicing rules which are strictly
regulated in all means of daily life. Another classification of duties are duties which are middle or
complete. Complete duty is link to being what is "right". Middle duty is the reasoning behind why
has it been done. When Cicero writes about individual activism we consider the duties that are
honorable and dishonorable. What is honorable or ... Show more content on Helpwriting.net ...
Other principles is that of carrying a great spirit. It would help you have courage in your actions and
for that reason you will hold honor towards yourself. When Cicero writes about the reasons for why
people have duties towards the public sphere he believes that the individual is part of the
community. He contributes it all the to belief of Stoicism. Aristotelian is another close source in
which we can speak about duties, but Cicero's true belief was that virtues is key to duty. Stoicism is
the school of thought that holds the belief that the only way we can make sense of our own existence
is by devoting ourselves to virtues. People who follow this pathway believe that the majority things
of daily life are stuff we can't control, but yet we can contribute our life to society in a better way.
Honor is another reason why individuals choose certain choices that lead you to be seen as a noble
person in your society. The wide picture is seen towards how the community sees the individuals
actions according to the standards in which have been placed. It doesn't seem like an individual
would ever perform a duty if honor wasn't the reward. An individual who doesn't care for much
pleasure would mostly likely seek out honor in the public sphere. In conclusion Cicero comes up
with the belief that the main stance on duty should always be honor, because honor is the only

Essay on Duty versus Charity: Why a Distinction is Essential
In the late 1960's and into the 1970's, the South Asian region of East Bengal (then East Pakistan,
now the country of Bangladesh) was undergoing a severe famine, due to rampant poverty, a civil
war and frequent cyclones. The lack of overseas help to this impoverished region was probably what
triggered Peter Singer to write the article Famine, Affluence and Morality, wherein he claims that
world hunger and famine can be prevented and possibly eradicated if everyone in the wealthy
nations did their bit to help the sufferers monetarily. Singer further claims that duty and charity
should not be as distinct as they are now, and hints at uniting the two. Upon careful analysis of
Singer's paper, one can find multiple loopholes in this proposal, ... Show more content on
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A duty is any action which is not only correct in when it is performed, but wrong when flouted.
Charity, on the other hand, is an act of giving that is upright to do, but not wrong when not done.
Here lies the major difference between the two – a duty is something that must be done in order for
the existence of society, whereas charity is voluntary and uncompelled. It is this distinction that
Singer wishes to erase, or at least blur. He wants to make monetary help to the distant needy a
dutiable action rather than charity on a moral level. In fact, Singer proposes that everyone who
possesses a reasonable amount of resources must donate a significant portion of their wealth and
assets, reducing their self to "the level of marginal utility" (Singer 32). If not that, he suggests one
ought to donate enough to make the "consumer society... slow down and perhaps disappear entirely"
(Singer 32). However, there must be a limit to doing so, since slowing the economy down by a lot
might result in the loss of resources that could be given away. Singer understands that there might be
objections to his ideas. One of the first counterarguments he tackles is the idea that such a huge
change when brought about might cause a societal breakdown. He argues that if there is a change in
the moral expectations of society, this idea might not seem too drastic to cause any sort of a
breakdown. Also, he counters the objection that his argument would imply

Outline The Importance Of Duty Of Care
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 that we make this happen professionally, lawfully, and as always abide by policies and
procedures set out by our care setting. It is our role as carers, to ensure that all duties are carried out
safely and effectively. We must work alongside safeguarding policies and procedures and is
important that we all receive adequate training and refresher courses. Even though the basis and
foundations of duty of care will never change, factors which support it will. This is why we must
attend and be offered training so we can 'change with the times' and the service user, family and our
colleagues can have complete faith in us that we are trained to the best of our ability and national
standards. It is also our duty to record all relevant information, be it an accident or incident, an
occurrence, or even part of a daily care record. It must be factual, written in a professional, legible
manor, signed and dated. Where possible we need to document this sooner rather than later, whilst it
is

Duty to Warn Essays
Duty to Warn Jessica Hall PSYCH/545 09/4/2011 Dr. P. Duty to Warn The ethical dilemma I wish to
explore is The Duty to Warn. This refers to the duty of a counselor, therapist to breach one of the
most important bonds between a client and a therapist; the law of confidentiality. The therapist has
the right to break confidentiality without the fear of being brought up for legal action. If the therapist
believes that the client poses a danger, or is a threat to himself, someone else, or society as a whole,
the therapist must decide how serious of a threat the client may be, then if he decides it's a serious
issue, he must notify the person in danger, which would e the third party, or the police, or other
people who may be in the ... Show more content on Helpwriting.net ...
The situation is the decision to breach the confidentiality between a client and his patient. The
therapist has to decide if the client will pose a threat to himself or any other 3rd party, or society as a
whole. If the therapist feels in any way that the client could be a threat, he has the right to notify the
person or the correct officials to insure that no harm comes to anyone involved. 2. Anticipate who
will be affected by your decision. The client would be affected, and his family, if he still has ties
with his parents or siblings. If it was a specific person that the anger was focused on, they would be
affected, as well as their families. If the anger was just targeted at society, society as a whole would
be affected. By making a decision to report such anger, the therapist is taking everyone out of harms
ways, or the chance of potential danger. 3. Figure out if who is the client. In this certain dilemma,
the client has already been identified. 4. Assess the relevant areas competence–and of missing
knowledge, skills, experience, or expertise–in regard to the relevant aspects of the situation. The
therapist has to be ready for whatever the outcome of his decision may be. The biggest thing will be
the breach of confidentiality, but he is protected by law. It is better for him to report the client to the
3rd party or official and nothing occurs, then to not report the client, and someone

Summarise Keller's Special Goods Theory Of Filial Duty
Summarise Keller's "special goods theory" of filial duty (pp. 264– ) and the main arguments in
support of it. Choose ONE of these arguments and challenge it.
By Feodora Gnilenco– 14704361
A parent may or may not need care in the near future, the question is whether the child has an
obligation to provide this care, and if he does to what extent does it apply. A grown child should
decide what kind of care to provide for their elderly parent, to what extent it is his responsibility to
pay his parents medical bills, and to what extent the child ought to sacrifice his own happiness,
wellbeing and the like. There are three theories in philosophical literature that try to achieve a
clarification and analysis of what is one's duty to his parents: the debt theory, the gratitude theory ...
According to the gratitude theory, the child should acknowledge the parents` benevolence toward
him, thus he owes gratitude to the parents, provided that this gratitude assists rather than undermines
their relationship (p. 257). The friendship theory implies that a child must do for their parents what
they would for a friend with whom they share a voluntary relationship (p.263).
The reason why the three prevalent theories of filial duty fail, according to Keller, is that they try to
explain them by comparison, saying that being someone's grown child is like owing a debt to
someone, or being the recipient of someone's benevolence, or simply being someone's` friend. In his
article, Keller rejects all of these three theories of filial duty and offers instead the "special goods"
theory: which claims that children and parents provide one another with very special goods, goods
which cannot be gained from any other type of relationship (p.

Duty Of Care: The Tort Of Negligence
The tort of Negligence is considered 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 of Winterbottom v Wright sought to extend the ratio
in Langridge however this was rejected as Langridge was decided on a narrower ground whereas the
judges in Winterbottom considered that imposing liability ... Show more content on Helpwriting.net
...
The bus was stolen by thieves and a cyclist was unfortunately killed. The victims husband bought an
action however it was held that the possibility of the bus being stolen was foreseeable however the
fatality of the cyclist was not. The second requirement was, a relationship of proximity which is
illustrated in the case of Bourhill v Young where it was ruled that Mr Young did not owe a duty of
care to Mrs Bourhill as at the time of the incident was not in Mr Young's field of vision therefore
was not sufficient proximity between the claimant and defendant. This test has been criticised by
Lord Buckmaster by referring to Alderson's judgment in the case of Winterbottom v Wright as way
too broad. Furthermore, Lord Tomlin agreed and stated concerns that Lord Atkin's broader test of
liability approach would allow room for floodgates as plaintiffs would be able to sue and bring
unlimited actions for

Duty From The Landmark Case Tarasoff V. Regents Of California
Duty to Warn and Duty to Protect: Need Further Solutions
Thirty years ago, the California Supreme Court had highlighted the doctor's duty to warn through
the landmark case Tarasoff v. Regents of University of California (in short as Tarasoff I)in 1974.
Due to the defendant' petition for a rehearing, the California Supreme Court unusually moved to
rehear the same case in 1976 (in short as Tarasoff II) and articulated the duty rather a duty of protect.
Pursuant to the precedents established by the two Tarasoff cases, in a specific relationship, the
professional doctor owns reasonable obligation to take care and protect identified third party from
imminent risk of serious harm caused by his/her patient. Since the Tarasoffs, there have been
numerous related cases in the US and several pertinent cases in Canada. The controversial cases
presented confusions in both legal and professional ethics levels: how the professional
confidentiality harmonizes with the public interest priority and what are the appropriate criteria to
implement?
Fact and issues of the Tarasoff I and II
Mr. Poddar was a twenty six year old student of the University of California. He was sent to the
Cowell Memorial Hospital of the University of California in July of 1969 by his friend and seen by
Dr. Gold. His friend worried about his abnormal behavior and madding words as Mr. Poddar seemed
like become pathologically obsessed with Ms. Tarasoff. Mr. Poddar had tape–recorded conversations
with the young lady

The Importance Of The Duty Of Confidentiality
Introduction
The nature of the banker–customer relationship is one of agency. Amongst the duties that stem from
this relationship, the bank's duty of confidentiality is clearly an issue of great importance. The focus
of this essay is on the scope and limitations of the bank's duty, both to its customers as to the public.
In order to analyse this it is necessary to firstly consider the idea of duty of confidentiality, Secondly,
it is necessary to study the Court of Appeal's judgement in the case of Tournier. Thirdly, this essay
will take the Jack Committee report into consideration. Lastly, this paper will briefly mention the
Banking Code, it will also discuss whether the principle in Tournier may be outdated and if so,
whether it is in need of a new crystallised self, clearly stating the limits and boundaries of the bank's
duties both to the customer and to the public itself in the form of a statute. To conclude this essay
will consider the future of the duty of confidentiality.
Confidentiality
Banks owe their customers a number of duties so long as the banker–customer relationship is
formed . The banker–customer relationship will normally be governed by the law of contract.
However, ... Show more content on Helpwriting.net ...
This was acknowledged Parry Jones v Law Society where the court held that the duty of
confidentiality also exists in a banker–customer relationship and is not only restricted to a solicitor
customer relationship. The duty of confidentiality is both an implied and express obligation. The
definition of implied the duty was elaborated in Tournier : "The duty is a legal one arising out of
contract ... it is not absolute but qualified. It is not possible to frame any exhaustive definition of the
duty. The most that can be done is to classify the qualifications and to indicate its limits" . The duty
of confidentiality is expressly referred to in the Banking Act 1987 , the Data Protection Act

Healthcare Law And Breaches Of Duty Of Care
This essay is going to talk about healthcare law and breaches of duty of care. Healthcare law is
generally tort law. A "tort" is a legal wrong that the law provides a remedy for. The person that
suffers the injury is known as the plaintiff and the person said to of caused the injury is known as the
defendant or tortfeasor. Tort law originates from the time of the norman conquest in 1066. Tort law
is a type of civil law and tortious wrongs are known as civil wrongs. Tort covers a range of things
from trespass to negligence. Negligence is the most common area of tort law that healthcare
professionals will come across.
The tort of negligence is the term used to categorise behaviour that poses substantial risks to other
people and property. ... Show more content on Helpwriting.net ...
The case reached the house of lords where mrs donoghue won the case. This was probably due to
the fact that safety measures should be in place to prevent such instances from occurring. These
safety measures could be something as simple as checking the product before sending it off to be
sold.
The Bolam test comes from the Bolam v Friern hospital management committee (1957) in which a
patient suffering from manic depression was recommended ECT (electro–convulsive therapy). The
patient wasn't fully informed of the side effects of the treatment and the patient suffered a broken
pelvis as a result. Bolam attempted to sue on the grounds that they failed to gain informed consent
and that it was a breach of a duty of care that was owed to him and that the breach resulted in his
injury. The three above points regarding informed consent and injury are now the components of the
Bolam test. The Bolitho test modified the Bolam test and arose from the Bolitho v city and hackney
health authority case in 1998. This case tried to clarify how a two year old died following a cardiac
arrest that resulted in brain damage. The two year old was admitted to hospital due to breathing
difficulties a doctor was called but did not attend due to her bleep not working. The

Simon’S Negligence Claim Against Philippa:. Duty Of Care:.
Simon's negligence claim against Philippa:
Duty of care:
Philippa, as an accounting lecturer, has the responsibility for taking reasonable care to prevent any
acts or omissions that may cause injury to her neighbour, especially as a professional who are
subjected to a higher standard of care whilst providing a service to those who may take it up. This is
evident in Donoghue V Stevenson (1932) which provides the foundation of the 'neighbour' principle.
Philippa would have a duty of care to Simon as she is a knowledgeable professional who provided
what should 've been reliable information when she told Simon to invest into High Flyers Ltd, and
thus, as a professional is liable for having a duty of care when providing information..
Breach of ... Show more content on Helpwriting.net ...
Furthermore, as a professional accounting lecturer, in which she identified herself to be to Simon, it
is presumed that Philippa would have provided accurate and reliable information, hence, the damage
done is one that Philippa would be liable for.
Simon would successfully be able to prove the three main components of negligence against
Philippa, and therefore would have a case against her.
Simon's negligence claim against the Liquor Store:
Duty of care:
The liquor store owes a duty of care to all customers who come in to prevent any damage or harm to
individuals, including Simon. This is evident in the 'neighbour' principle, introduced in Donoghue V
Stevenson (1932) in which Lord Atkin described that the duty of care owed to is: "... persons who
are so closely and directly affected by my act that I ought reasonably to have them in
contemplation". Accordingly, the liquor store's inaction has resulted in permanent physical damage
to Simon.
Breach of duty:
The damage done to Simon is the permanent physical harm done to his nerves which means that he
won't be able to actively increase his skills contribute in hockey. For a breach of duty to be proven,
the 3 elements from the Civil Liabilities Act 2002 must be proven. The risk of harm was foreseeable
due to the unsafe practices that Simon took in order to reach to the top of the shelf. The risk was also
not

Case Study: A Duty To Warn
A Duty to Warn an Uncertain Danger is a case where Ms L has been treated for pyromania and
schizophrenia. She has spent five and a half years in a state mental hospital since she was eighteen
as well as being arrested for arson on three occasions. Ms L is twenty–eight–years–old and just went
to the hospital to deliver her fist baby. Mrs D, one of the social workers, recognized Ms L and her
psychiatric history. Upon taking to Ms L about her pre–delivery, Mrs D found out that that she is
going to stay with a Rabbi who opens his house to transients. Mrs D immediately wonders about
Rabbi P about the potential danger him and his family wish be in. Knowing Rabbi P and the possible
threat, Mrs D asks Ms L if she can have permission to talk to Rabbi P about the difficulties Ms L has
experience over the years but Ms L refuses permission. ... Show more content on Helpwriting.net ...
and is it relevant that Mrs D came upon the confidential information about Ms L serendipitously, as
a result of her previous employment in the local community mental health center? My opinion of the
overall situation is that I feel Mrs D has no right to tell Rabbi P of Ms L's history because Ms L
refused Mrs D to tell Rabbi P about her history, It is Rabbi P's choice to bring strangers into his
house, there is no imminent threat and if Ms L is allowed to take care of her newborn child, she
should be ok around other people. First, an important view that I feel doesn't allow Mrs D to tell
Rabbi P

Duty Of Care Examples
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 in the bottom of the bottle. She became ill. Donoghue took
legal action against Stevenson, she couldn't sue for breach of contract because her friend purchased
the ginger beer. The lawyers claimed Stevenson breached the contract because he owed a ... Show
more content on Helpwriting.net ...
The product that was manufactured should be 'fit for purpose', so the ginger beer should have been
drinkable without making the person drinking it sick.
The neighbour principle came about because Donoghue hadn't purchased the drink, she had received
the drink as a gift. She was a neighbour, not a party into the contract.
c. Research and briefly discuss 2 additional important examples of Duty of Care cases.
Grant vs Australian Knitting Mills (1933) is an important duty of care case.
The underwear was purchased and worn by Grant. At the end of the day Grant had itching at the
ankles. Grant treated himself with calamine lotion, but it didn't help he had scratched himself until
he bled. Grant carried on wearing the underwear, he got much worse, and at this stage he saw a
dermatologist who suggested he get rid of the underwear. Grant ended up in hospital bedridden for a
long time. The action against Australian Knitting Mills was because the chemical in the cuffs or
ankles caused dermatitis.
The judgement was negligence in manufacture, excess sulphites were left in the underwear. The
manufacturer owed a Duty of Care to the purchasers of their underwear. The purchaser of the
product will be able to be wear the underwear without injury to people or

The Categorical Imperative And Prima Facie Duty
The categorical imperative and prima facie duties are both anti–consequentialist theories or based on
duties rather than the outcomes (Simpson, 2015). Although they are the same in some manner but
there is a slight difference on both of their views on morality. Kant's moral theory is 'monism' (based
on a single, pre–eminent, all–encompassing rule or principle) while Ross is 'pluralism' in form
(Simpson, 2015). Ross claims there are several characteristics which make an act right, and they are
not reducible to some one characteristic or formula. (Feldman, 1978).
The word 'duties' on prima facie duties are not the actual duties which are morally bound to be
performed (Garrett, 2004). Prima facie duties relate to actual duties as reasons do ... Show more
content on Helpwriting.net ...
Similarly, any wrong act will probably have beneficial effects on some deserving people. Every act
therefore, viewed in some aspects will be prima facie right, and viewed in others, prima facie wrong,
and right acts can be distinguished from wrong acts only as being those which, of all those possible
for the agent in the circumstances, have the greatest balance of prima facie rightness, in those
respects which they are prima facie right, over their prima facie wrongness, in those respects they
are prima facie wrong." As noted by Munson (2014), "Ross does not tell us a rule to determine the
'balance' of prima facie rightness over wrongness. Ultimately, according to him, we must simply rely
upon our perceptions of the situation. If we learn the facts in the case, consider the consequences of
our possible actions, and reflect on our prima facie duties, we should be able to arrive at a
conclusion as to the best course of action." For example, "suppose Susan, an emergency room nurse,
promised to return home on time one day after work to take her son, Jarod, to the ball game.
Meanwhile, a seven–car pile–up occurred, and she was obligated to 3 hours of overtime. In Ross's
perspective, Susan did

Russian Duty Free Industry
Association of Duty Free and Travel Retail
BORT Russia
Moscow, 2011
Table of content
1. 2. Executive summary Russian Duty Free Market overview 2.1. Current market size 2.2. Key
drivers for market growth 2.3. SWOT analysis "BORT" Overview 3.1. At a glance 3.2. Our goals
and objective 3.3. Our structure "BORT" Russia partners (State bodies, National Russian and
International organizations)
3.
4.
5. 6. 7.
"BORT" Membership benefits "BORT" working program for the year 2011–2012 "BORT"
membership fees
Executive Summary
WHY RUSSIA?
Strong economic growth fuelled by High Oil Prices and modernisation of the economy Rapid
development of airport terminal industry reinforced by Global events in Russia within the period ...
BORT overview
At a glance...
Association of the Duty Free Trading and Travel Retail – "BORT Russia" is a NGO – union of legal
entities, carries out its activity on the basis of non–profit principles providing assistance to its
members who are the players of national Duty Free and Travel Retail market for achievement of
their goals and overall promotion of the industry on the national and international levels. "BORT
Russia" unites representatives of State authorities, Duty Free and Travel Retail shop operators,
suppliers and distributors, other nonprofit organizations and stakeholders whose interests lay in this
sphere. "BORT Russia" is a single entity on the territory of Russian Federation with a role to unite
interests of state authorities and business community for the purpose of development of the most

favorable environment within the country for Duty Free and Travel Retail sector efficient promotion
and growth/ BORT Russia has been founded in 2011.
BORT overview
Goals and objectives
Assistance to representative of legislative and executive bodies of the Russian Federation within the
development of appropriate economic and social policy, legal framework. Consolidation of key
market players interests and establishment of direct and mutually beneficial dialogue between State
and the Industry; Build awareness of the Duty Free and Travel

The Duty Of Easy Rescue
The duty of easy rescue is perhaps one of the most heavily debated and most controversial topics in
criminal law. The origin of this duty is Biblical and it aims to punish the so–called 'bad Samaritan'
who fails to render assistance to a person in peril . Unlike the Anglo–American jurisdictions , most
European states recognise the duty of easy rescue, albeit to different extents . Scots law per se does
not impose a duty of easy rescue on ordinary citizens and failure to act constitutes a criminal offence
only in exceptional circumstances; these include ex gratia close proximity relationships . In this
essay, the author will purport to elucidate whether Scots law shall impose a duty of easy rescue, and
if so, to what extent shall such duty be recognised in Scotland.
2. Scots law and failure to act? As aforementioned, Scots law does not impose criminal liability for
failure to act, except in certain limited circumstances. These include both common law rules and
statutory enactments. There are four instances at common law which give rise to criminal liability
for failure to act, i.e., duties arising from close proximity relationships such as parent and child,
voluntary assumption of responsibility, creation of dangerous situations or contractual duties . In
Bone v HMA , a pregnant mother was found to be under a duty to save her child from the attacks of
her violent partner . Per contra, in R v Instan and R v Stone and Dobinson the court held that when
voluntarily assuming

Principles for Implementing Duty of Care in Health Social...
|Assignment 055 Principles for Implementing Duty of Care in Health, Social Care or Children's and
Young People's Settings | | | |Task A | |1 |What does duty of care mean in children and young people
settings? | | |Duty of care can be defined as "an obligation, recognised by law, to avoid conduct
fraught with unreasonable risk of danger | | |to others". Early years settings owe a duty of care to
take reasonable care to ensure that their acts or omissions do not | | |cause reasonably foreseeable
injury to the children in their care. ... Show more content on Helpwriting.net ...
Failure to do so may be regarded as neglect. | | |The duty of care is in part, exercised through the
development of respectful and caring relationships between adults and | | |children and young
people. It is also exercised through the behaviour of the adult, which at all times should demonstrate
| | |integrity, maturity and good judgement. | | |Everyone expects high standards of behaviour from
adults who work with children and young people. When individuals accept | | |such work, they need
to understand and acknowledge the responsibilities and trust inherent in that role. | | |Employers also
have a duty of care towards their employees, both paid and unpaid, under the Health and Safety at
Work Act | | |1974. This requires them to provide a safe working environment for adults and provide
guidance about safe working | | |practices. Employers also have a duty of care for the well–being of
employees and to ensure that employees are treated | | |fairly and reasonably in all circumstances.
The Human Rights Act 1998 sets out important principles regarding protection of | | |individuals
from abuse by state organisations or people working for those institutions. Adults who are

Negligence
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 are to love your neighbour becomes in law, you must not injure your neighbour;
and the lawyer's question, Who is my neighbour? receives a restricted reply. You must take
reasonable care to avoid acts or omissions which you can reasonably foresee ... Show more content
on Helpwriting.net ...
Foreseeability and proximity
'Foreseeability' means whether a hypothetical 'reasonable person' would have foreseen damage in
the circumstances.
'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.
Note that a duty of care may not be owed to a particular claimant, if the claimant was unforeseeable.
See:
Bourhill v Young [1942] 2 All ER 396.
The role of policy
Policy is shorthand for 'public policy considerations'. Policy considerations were recognised in the
Wilberforce test and the test in Caparo v Dickman.
Arguments that an extension of liability for negligence would lead to a flood of litigation or to
fraudulent claims were once granted greater credence than they are today. But other arguments, such
as the possible commercial or financial consequences, the prospect of indeterminate liability, the
possibility of risk–spreading (e.g., through insurance)

A Doll's House Duty
According to Merriam–Webster, duty is defined by an obligatory task, conduct, service, or functions
that arise from one's position (as in life or in a group). There are many ways to express the power of
duty. The duty to family or self over the duty to the law is represented in "A Doll's House" a play
written by Henrik Ibsen, in a unique way by the resistance against authority to protect the needs of
their family or friends. Each character in the play faced a consequence good or bad, which was
experienced from their decision to resist or rebel against authority of the law. In which, resulting to
having the concept of choosing duty to self over duty to family or duty to law is expressed all
throughout the play. The main characters in the play ... Show more content on Helpwriting.net ...
Torvald as the husband expresses his duty to the family, by working hard and making money for his
family. Nora expresses duty to the family by bringing happiness and love, she expresses it by
spending money and shopping for her family. When Nora forged her father's signature at the bank it
was for her husband, Torvald was very upset when he found out, he stated some very harsh words to
her. Nora defended herself for the first time by stating "I was your little skylark, your doll, which
you would in future treat with doubly gentle care, because it was so brittle and fragile" (Act 3), in
which she decides to leave Torvald for treating her as a "doll" their whole martial relationship. The
main reason it is an example of the duty to the family over duty to the law of the state is because
Torvald works for the bank. In which, makes Torvald have the duty to the law, to report any forgery
that occurs at the bank to the proper authorities but he does not report it because it was his wife that
committed the crime. It put Torvald in an uncomfortable situation. Which made him very upset, but
that does not make up for the way he treated Nora, since she did everything to protect his

Theme Of Duty In Thousand And One Nights
In many texts, duty based in morality or religion is a common theme. It helps to characterize the
main characters as well as emphasize the conflict in the text. In Middle–Eastern texts, there was
often a duty to other people. In French Renaissance texts, the character's duty could be driven by
moral or religious reasons. In French and Middle–Eastern texts, however, moral and religious duty
helped to develop characters and drive the plot. In the Middle–Eastern text Thousand and One
Nights, moral duty is a major part of the plot. Shahrazad, the daughter of King Sharayar's vizier,
hopes to marry the king to save her fellow women from being killed. The text says, "One day she
said to her father, 'Father, I will tell you what is in my mind.' He asked, 'What is it?' She answered, 'I
would like you to marry me to King Shahrayar, so that I may either succeed in saving the people or
perish and die like the rest'" (pg. 1059). Shahrayar feels the need to marry the king in order to save
the people and is unafraid of the threat of death. Because she is educated, she feels that she can
change the king's mind using her stories, which feature good women, and her moral duty leads her
to remain married to the king and eventually ... Show more content on Helpwriting.net ...
He feels that it is his moral duty to keep his fine sword out of the hands of his enemies, especially
since it could be used against his friends in the future. He tries to break the sword against a stone,
but it will not break. He says, "'The battles I have won, fighting with you, / the mighty lands that
holding you I conquered, / that Charles rules now, our King, whose beard is white! / Now you fall to
another; it must not be / a man who'd run before another man" (pg. 1193). Roland's speech to his
king as well as his attempts to keep his sword out of the hands of the 'pagans' shows that Roland
feels morally bound to serve his king and

The Appellant For Breach Of Its Duty Of Care As An Occupier
When descending a staircase to the appellant's ice–rink, the respondent lost his balance and suffered
a serious injury to his right ankle as a result. The respondent brought an action against the appellant
for breach of its duty of care as an occupier. The primary judge, Levy SC DCJ, found on the
calculus of negligence, that the risk of injury from slipping when descending wet stairs whilst
wearing skates was foreseeable, not insignificant and one which a reasonable person in the position
of the appellant would have taken precautions. The primary judge held that the appellant failed to
give the respondent adequate warnings and that the appellant was liable in negligence for the injury
sustained by the respondent. The respondent was ... Show more content on Helpwriting.net ...
Similarly, Emmett JA found that if it was an obvious risk, it is presumed that the respondent was
aware of the risk of harm and that the primary judge was erred in concluding that the risk, which
materialised in the fall, was not obvious.
2. If so, was that duty of care contended for by the respondent to warn him of that obvious risk for
the purpose of s 5H(1) of 'the Act'.
Meagher JA at found that the appellant did not owe a duty of care to the respondent to provide a
warning of the obvious risk, as establish in s 5F(1) of 'the Act'. None of the specific exceptions
provided in s 5H(2) of 'the Act' were raised, thus the respondent was not liable and the reason for
appeal upheld.
3. Whether the activity of walking down the stairs was part of the 'dangerous recreational activity' of
ice–skating within s 5K of 'the Act'.
Meagher JA agreed with the primary judge, that the act of descending the stairs was not part of a
'dangerous recreational activity' but merely a preparatory act. Thus, for the purpose of s 5K and s
5L(1) of 'the Act', the defence was not applicable and the ground of appeal dismissed.
4. Whether the 'No Responsibility' sign contained a warning for the risks involved in descending the
staircase.
Meagher JA held that the 'No Responsibility' sign did not adequately address the risks associated
with descending the stairs with skates. Additionally, His Honour sought to

Three Elements That Make Up This Tort Duty Of Care
Civil law–
Civil Law is governed by doctrines developed by legal scholars. It is a section of rules that
characterise private relations between individuals or organisations. It is generally based on common
law, yet it has been altered. There is a plaintiff and a defendant, the plaintiff brings the suit against
the alleged (defendant). It is made up of Contract law and Tort law.
Tort Law–
Tort law, referring to negligence is the act of breaching the duty of care and causing some sort of
damage. The failure to exercise the care as a reasonable person would in a certain circumstance.
There are three elements that make up this tort, duty of care, breach and damages.
Duty of care
Duty of care is one of three elements relating to Negligence,

Passion Versus Moral Duty Illustrated in Thomas Hardy's...
Conflict between a character's intense passions and their moral duties is commonly expressed in
literature. Thomas Hardy's Jude the Obscure undoubtedly uses this theme throughout the novel.
Hardy creates two characters who are undeniably in love, however, they are forced to hide their
great passions for one another for they both are married to someone else. These intimate feelings
drive to two lovers, Jude and Sue, to neglect their commitments to their spouses and aspirations as
they attempt to establish a life together. The intimacy between the couple would slowly devour their
personal lives. Jude, the man in the relationship, had exceptionally high hopes for himself as a
young boy. He desired nothing else but to go to school, to ... Show more content on Helpwriting.net
...
In addition, Jude's passions for Sue lead him to disregard one other large component of his life, his
eccentric wife Arabella. Although, Jude had previously made this permanent covenant with another
woman, he could not help but dream of one day marrying Sue. Likewise, Sue was already involved
with an old schoolteacher named Phillotson. Sue was not especially fond of him but marriage is
marriage and she nevertheless made the ultimate commitment to him. However, as unavailable as
the two lovers were, they continued to nourish their fiery feelings. Torn between the man she loved
and her social responsibilities as a wife, Sue was at a loss of what to do. She knew the lady society
expected her to be, but she could never fully bring herself to accept such an unfulfilling life.
Therefore, after months of torturing herself in a miserable marriage, Sue succumbed to her true
feelings and left Phillotson to be with Jude. Jude, as well, had decided to divorce his wife in order to
properly be with Sue but with much less debate and toil than Sue when making her decision. Despite
their undying affection for one another, their decisions to disregard their marital commitments to
their previous spouses were selfish and unforgiving. The universe simply would not allow Sue and
Jude to go unpunished for their sin. Society constantly rejected their unlawful relationship and

Duty to Protect vs Patient Confidentiality Essay
On October 27th of 1969, after returning home from a summer in Brazil, University of California at
Berkley student, Tatiana Tarasoff was repeatedly stabbed and killed by a fellow classmate, Prosenjit
Poddar. As tragic as the crime itself was, more tragic was the fact that it could have been prevented.
Poddar had developed an unhealthy obsession with Miss Tarasoff during the year leading up to her
death. Her continuous rejection of his advances sent him spiraling into a deep depression. He was
encouraged by friends to seek treatment at the University's student health center. During his course
of therapy Poddar revealed to his counselor his intentions to kill Tatiana. Though the therapist did
take steps to prevent the tragedy from ... Show more content on Helpwriting.net ...
Confidentiality however, is not a guarantee, but rather a privilege as illustrated in the Tarasoff case.
Absolute confidentiality cannot be promised to a client. It can only be protected to an extent
permitted by law (Corbin, p. 4). Therefore, limitations on confidentiality need to be openly
addressed throughout the therapeutic process to ensure the clients understanding. Difficulties arise
when a mental health professional must decide which client might be considered dangerous
confusing the clinician's obligations (Corey Et Al, p. 230). The Tarasoff decision nearly forces the
helping professional to be psychic, holding them responsible for predicting violent actions, an
almost impossible endeavor.
However, when faced with a potentially violent client, counselors must ensure specific actions are
taken to protect the public and reduce their own liability regardless (p.230). Such steps would
include gathering a detailed history; if the client is regarded as violent, conduct a risk assessment to
gage the level of dangerousness. Inform the client of the limitations to confidentiality as well as the
clinician's legal obligations. Additionally, if threats are made during the course of therapy, record it
and any other client statements that may seem pertinent. Confer with a supervisor and/or legal
counsel if unclear about one's extent of responsibility

Existence Of A Duty Of Care
E NVIRONMENTAL L AW S 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 the claimant might suffer as a result of the conduct
of third parties 27 . Indeed, in Smith v Littlewoods 28 the House of Lords held that the existence of
a duty of care concerning the actions of third parties might

Duty of Care Essay
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
on Helpwriting.net ...
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

The Duty Of Care On Public Bodies

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The Duty Of Care On Public Bodies