'The existence of a duty of care is ultimately a question of policy'. Discuss.
'The existence of a duty of care is ultimately a question of policy'. Discuss. In previous years, the concept of duty of care has been applied by various courts to act as a control device in order to determine and limit the categories of who can bring claims in negligence and in what circumstances. Worryingly, judges have shown the ability to strike out cases by deciding that a case is non-actionable and this ability has mostly been exercised in cases concerning public policy. It is here where it is seen that a duty of care will only exist if it does not run contrary to the ideas of public policy. Policy has played an important part in limiting the scope of the duty of care. So is the existence of a duty of care, ultimately a question of policy? To a certain extent, it can be seen that the existence of a duty of care, is ultimately a question of policy. Until very recently courts have has discretion as to whether or not to attach a duty of care to a particular public body and it is these decisions which have been influenced by policy arguments and decisions. This approach has been adopted particularly where there is an overriding public or general interest which awards defendants a certain degree of immunity from litigation. Courts have often justified their actions of not imposing a duty of care upon public bodies using arguments that reflect their concerns should a
Duty and desire in Jane Eyre
How is the conflict between duty and desire explored in these texts? Desire is a term conveying a longing for a certain object, person or outcome. It is an emotion from the heart and is unaffected by social opinion. Duty, in contrast, is a moral obligation to an act, which is perceived to be selfless. The decisions made regarding these emotions are significant throughout 'Jane Eyre' and 'Wide Sargasso Sea'. However, these definitions were more extreme during the time that Brontë and Rhy's texts were written. In the 19th century, it was considered a completely selfish act for women to show desire, it was a vulgar emotion that women were expected to control and conceal. The female role during the 1800's was limited; they were expected to be passive and were passed from father to husband, similar to a possession. To perform one's duty to society was regarded as an unspoken rule imposed on all women, therefore, women never truly had the chance to express their true identity or gain real independence. The 19th century conflict between duty and desire was a key topic written about by many authors, predominately women, who illustrated personal experiences and beliefs through the characters and their decisions. In both Bronte's and Rhy's novels the authors illustrate the limitations imposed on women, society's views and expectations concerning the conflict, and the importance of
Criminal Law Omissions. In the English legal system there is generally no liability for an omission to act, the English legal system does not have a good Samaritan rule neither is there no duty of easy rescue.
In the English legal system there is generally no liability for an omission to act, the English legal system does not have a 'good Samaritan rule' neither is there 'no duty of easy rescue'. Fitzjames Stephen gave a classical example of 'A seeing B drowning and is able to save him by holding out his hand. A abstains from doing so in order that B may be drowned, A will have committed no offence.'1 This example clearly shows that there is no positive duty for B to act, even though B holding his hand out may have saved A's life. This is a controversial issue as the law allows one to watch a person drown without them being prosecuted for any offence. However in some European countries this is different such as in France and Germany where there is a duty of easy rescue and failure to do so will amount to a criminal offence2. As I have earlier said generally there is no liability for failing to act, however there are six exceptions and if a person fails to act then they will be committing a criminal law offence, there is a vast amount of case law in this field which will be used to illustrate the exceptions to an omission. The first exception I will discuss is a special relationship, this is where the law will require an individual to act where there is a special relationship, it is generally recognised the more closer the relationship the more likely the law will impose a duty.
Law of Tort Assignment.
Law of Tort Assignment (i) Since the enactment of the Human Rights Act 1998, it seems that some areas of tort law have been affected by the Act to a great extent. One specific element of tort law that has been affected is 'duty of care in negligence.' The tort of negligence may signify 'whereby persons who by carelessness have caused damage to others and may be held liable to pay compensation.' 1 However, it is not always the case when 'careless conduct which causes damage will give rise to an action.' 2 As this essay will focus on the impact of the Human Rights Act on duty of care in negligence, it is necessary to determine 'whether the type of loss suffered by the claimant in the particular way in which it occurred can ever be actionable,' 3 as this may play a great role in the development of the tort of negligence. Before a duty of care is held to exist, the requirement established in Caparo Industries Plc v Dickman [1990] 1 All ER 568 must be satisfied: (a) 'Foreseeability of the damage; (b) A sufficiently 'proximate' relationship between the parties; and (c) Even where (a) and (b) are satisfied it must be 'just and reasonable' to impose such a duty.' 4 The Human Rights Act 1998 gives 'further effect to rights and freedoms guaranteed under the European Convention on Human Rights.' 5 The aim of the Human Rights Act is as stated in section 6 (1), 'courts should
Taking selected areas of the civil and or criminal law, evaluate whether sportsmen and women are treated differently from the general public in proceedings that have their origin on the field of play.
Sports Assignment Question 2 Taking selected areas of the civil and or criminal law, evaluate whether sportsmen and women are treated differently from the general public in proceedings that have their origin on the field of play. Answer Sport plays a major part in the culture of today's society. Many people spend considerable time in front of the television, in sports grounds and traveling all over the country to support their respective club whether it be football, rugby, cricket or netball etc. However whilst playing, spectating or just generally being involved in a sport, things can go wrong and this very often results in an action in the civil or criminal courts. Sporting incidents should be dealt with like any other civil or criminal action, however there is evidence this is not happening in many cases in both areas of law. There can be several areas of civil law where claims can be made. These are Negligence, occupier's liability, defamation, nuisance, trespass and animals. However not all these will need to be looked at, the main ones being Negligence and occupiers liability. It is in the area of negligence that I will look at the sporting cases and how they differ from non - sporting cases of civil wrongs. I will be looking at participators, clubs, referees and spectators. In the second section I will be looking at negligence and injuries in football and how
Chain of causation problem question. The given case is concerned with the law on homicide in English Criminal Law. Albert is likely to be accused of three different offences; the death of Bert amounting to involuntary manslaughter, the injuries suffered
Albert is a drug-dealer. One evening, selling heroin up a dark alley, he is first approached by Bert, with whom he has dealt several times in the past. Albert sells him the drug. Bert goes home, injects himself, and dies that same evening from an overdose. Next Albert is approached by Carol, whom he has never met before, but correctly supposes to be already heavily addicted. She is so desperate for the heroin that, at her request, he holds her arm steady while she injects herself there and then with the heroin he has supplied. Carol has a seizure and hits her head against a wall, resulting in severe bruising, but no lasting injury. Finally, Albert is approached by Diane, whom he knows well, and, at her suggestion they both go to her flat. There Diane injects herself with the heroin that Albert supplies. She passes out and Albert carries her to her bed, lying down beside her. When he awakes next morning Diane is looking very pale and is not conscious. Albert decides just to leave her there. Diane dies that afternoon from the heroin injection, never having recovered consciousness. The medical evidence is that her life would very likely have been saved had she received medical attention earlier in the day. Discuss the criminal liability of Albert, adding critical comment where you think the law is unsatisfactory. You need not consider offences under the Misuse of
Explain the purpose of Advance Care Planning in relation to end of life care
Outcome 3 . Describe the benefits to an individual of having as much control as possible over their end of life care. By discussing the care that an individual wishes with the care home you gain a more personalised approach to caring. The individual also feels that they are more empowered and have more responsibility on how there care will be managed towards their end of life. It allows carers to know how the individual sees their end of life needs and reduces the risk of distress and upset to the individual. 2. Explain the purpose of Advance Care Planning in relation to end of life care Advance care planning is to develop a better understanding and recording of their priorities, needs and preferences for the individual and those of their families/carers. This should support planning and provision of care and enable better planning ahead to best meet these needs. This philosophy of ‘hoping for the best but preparing for the worst’ enables a more proactive approach, and ensures that it is more likely that the right thing happens at the right time. It allows for a detailed recording system that ensures that all parties that are involved in supporting the individual are aware of what they can do to comfort and understand the requests of the individual. It is there for the individual to add additional information to which can be used to review other
types of communication in care setting
It is important to have a good communication between service providers and service users which helps in building relationship. Having good communication helps in exchanging information, messages etc. Four types of communication are oral communication, written communication, computerised communication and special methods. Oral communication is important in all care setting. The purpose of oral communication is to exchange information and build relationship between people. The two types of oral communication are formal and informal communication. The types of communication depend upon the level of the patients, family of the patient, staffs, society etc. It is an effective and quick ways of communication. Different care settings exchange information in different ways. For examples in health care setting exchange information in the form of advice to make people aware of what to do and what not to, asking for information on past clinical histories and background to ensure about their illness, drugs, genes etc., carrying out questionnaire on their health etc. so that they will know whether the patient's health is improving or not. In social care setting, they have to deal with different types of people of different ages. So they need to communicate depending upon the people they are working with. For e.g. if they are working with children then the tone of their voices should be
Care Practice and Provision
AO1 Introduction I am going to describe how demographic characteristics influence the provision of local services in the area of Eastleigh. Demographic factors have a direct impact on the planning and delivery of all types of services, non-statutory and statutory. Analysis of these characteristics will enable planners to plan the delivery of health, social, educational and early-years services to meet the needs of service users at a local level. Effective planning of care practice and provision of services aims to respond to the changing needs and priorities at a local level, but also takes into consideration national priorities. Service providers will work together to ensure they understand the requirements. The local planning at Eastleigh Borough Council is influenced by demographic characteristics, including trends and how they compare to national statistics. It is also influenced by national standards, targets and objectives which are set by the government. Demographic influences include the following: health needs of the population; disability; age distribution of the population; unemployment; number of single parent families; the number of older people. I will investigate two of those demographic influences, namely the age distribution and the health needs of the population. Planners will use and establish targets or objectives against which progress or success
The care needs of people at different stages of life.
HEALTH AND SOCIAL CARE. BOOKLET 4. CARE NEEDS. Introduction. During each of the life stages, an individual will require some sort of care need that must be fulfilled. Therefore, care workers provide a specific service depending on the needs of the individual person. Care needs often depend on the age of the service user. Infancy As soon as a child is born, they require 24 hour attention by their carer. Therefore, it requires physical well- being such as being given food, warmth, shelter and sense of safety. This is the key stage when emotional relationships develop; therefore, initial relationships are important to the new born. Childhood Even during childhood, a child is very dependent on the carer for day to day care tasks, although they have gathered some independency. They still rely on their parents to provide them with an emotionally secure environment. A child's intellectual needs are met through regular attendance at school. Furthermore, a child's external relationships develop; so to keep a child sociable, social needs must be met. Adolescence As soon as a child becomes an adolescent, they are beginning to become more and more independent although they still require a secure home environment. A teenager begins to become more self- conscious, so they require social acceptance, as well as encouragement from their peers. Carers working with adolescents
