case are duty of care, breach of that duty, injury, and causation. The first requirement in establishing negligence is for a plaintiff to prove the existence of a legal relationship between himself or herself and the defendant. Duty is defined as a legal obligation of care, performance, or observation imposed on one to safeguard the rights of others. This duty, for example, can arise from a relationship between a physician and a patient which may be as simple as a telephone conversation. Duty can also
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land holders can spread outside simple land possession and in some cases, the landowners might handover the duty to others, therefore the word ‘occupier’ instead of ‘owner’. The term ‘occupier’ itself is ambiguous since bodily occupation is not mandatory for liability to ascend. Liability can ascend on occupants for exclusions since their affiliation contributes towards escalation to duty to take action to safeguard the rational protection of visitors. The law pertaining to occupiers' liability
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against which actual performance can be compared. It is the minimum level of performance. Professional standards are written as guidelines. Such guidelines help assure patients that they are receiving high-quality care. The standards are important if a legal dispute arises over the quality of care provided a patient. The main target of setting professional standards is to reflect the values of the nursing profession, clarify what the profession expects of nurses. The primary purpose of professional standards
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discuss patient abuse within aged care facilities and a nurses duty of care are two issues that allow a nurse to reflect and develop their practice skills and person-centered practice. The World Health Organisation (WHO) defines elder abuse as a separate or continuous action, or where care is absent within a relationship that requires trust, resulting in physical and emotional violence towards the patient.(World Health Organization, 2018). Nurses hold a duty of care to their patients. They additionally
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employees (3c) 7 5 Distinguish strict liability from general tortuous liability with reference to Prime Computers (3 d) 10 6 Explain and apply the various elements of the tort of negligence and analyse the practical applications of breach of duty and remoteness in the given situation (4 a, b) 11 7 Conclusion 15 8 Reference 16 Introduction As a legal executive in a firm of solicitors, some clients have approached and seeking advice on several claims and
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Mirza Yilmaz Student ID: 13011164 Mirza Yilmaz Student ID: 13011164 Global Business Environment Module Code: EC4003 Assessment two: Legally Blonde Global Business Environment Module Code: EC4003 Assessment two: Legally Blonde Legally Blonde This assignment will be covering two segments of law, firstly the UK Court Structure will be looked at and secondly Professional Negligence. This assignment will also focus on how these aspects
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businesses being liable for their employees, and it is vital to understand what does and doesn’t fall under these doctrines. Businesses have a duty of care to hire, train, supervise, and retain employees that are responsible and ethical members of society; if an employee commits a criminal act while representing the business, then the employer has breached its duty of care. Employees represent the business they work for, and a business reaps benefits of its employees as far as sales and goodwill are considered
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include the Respondeat Superior doctrine and the family car doctrine. The doctrine of respondeat superior (Latin for "let the master answer") is based on the employer-employee relationship. The doctrine makes the employer responsible for a lack of care on the part of an employee in
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Legal liability is the liability of a party imposed by a court for its actions or, in some cases, inactions, and for which the courts will award pecuniary damages as a form of redress. Negligence is the failure to exercise the required amount of care to prevent injury to others. For example, if you cause an accident that injures someone or damages their vehicle because you were driving at an unsafe speed, then you could be sued for negligence. In some cases, the law imposes absolute liability (aka
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people is TRUST. Parents need to be completely and unquestionably assured their children will be safeguarded from any form of harm in all areas of professional care. Young children are very defenceless, and in some cases accessible, and rely on their parents/carers to meet their basic requirements, ie food, heat, house, affection and care. When moving from childhood to adulthood, young people further their independence and learning in aquiring their own needs, but still need direction, instruction
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