Abstract
This paper explains that, in England, the principle of 'duty of care' is an essential ingredient in torts and imposes liability on persons who breach the same in a contract under the tort law. The author points out that 'duty of care' stands as one of the most basic foundations of this law and is unavoidable. The paper then elaborates and throws light on what exactly the principle means and holds, and enumerates various instances where a standard degree of duty or care is expected to be adhered to.

Table of Contents:
Introduction
Hypothesis
General Instances of Duty and Care
Duty of Care and Product Liability
Changing Perspective with regard to Product Liability
Conclusion

From the Paper
"Suppliers of goods, both retailers and wholesalers have been held accountable when their function exceeded the purview of mere distribution. For example, a car dealer selling vehicles reconditioned by him (Herschtal vs. Stewart and Ardern Ltd. [1940 1 KB 155]), a retail chemist (Kubach vs. Hollands [1937] 3 All ER 907) who failed to examine the manufacturer's directives to test the product before labeling it, were both found to be liable to injured customers. The term 'products' would include not only food and drink, but any product which is used for domestic purposes."

Tags:liability, accountable, negligence, contract, victim

Abstract
This paper is an historical analysis, tracing the progress of the concept of the duty of care, and analysing how its function has changed from pre-1932 ["Donoghue v Stevenson"], to present. It provides an insightful discussion into the relationship between the duty of care and the rule of privity of contract and also discusses how the courts use this concept to secure results which they think are circumstance.

From the Paper
"And so, post Anns v Murphy, we see the Courts becoming more open about the application of policy in determining the presence of a Duty of Care*; In Hill, no duty was held to exist primarily because of the public policy consideration in relation to defensive policing [although there was also the issue of remoteness]. In CAPARO INDUSTRIES PLC v DICKMAN [1990], this general overtness was manifested by a test that to impose a duty would be 'fair, just and reasonable' in the circumstances. In MARK RICH & CO AG v BISHOP ROCK MARINE LTD, 'THE NICHOLAS H' [1995], the House of Lords, in finding that a marine survey society should not owe a duty of care to a shipowner, upheld a unanimous Court of Appeal decision that the tripartite test for establishing a duty of care promulgated in CAPARO was now to be of universal application."

Tags:anns, caparo, concept, contract, donoghue, function, law, mark, merton, rich, stevenson, tort

Abstract
The laws governing duty of care on school and university grounds are numerous and this paper touches on a partial listing of the subject in relation to culpability of universities in tortuous suits. It examines how the administrator of a university campus must be clear and concise in knowing and translating the information to the employees under the administrators supervision as well as to the students via the student handbook if tortious lawsuits due to wrongful action or neglect are to be avoided on the school grounds or university campus.
Outline
Objective
Introduction
Background of Violence and Crimes on University and School Campuses
Youth Violence: Implications for Schools - Universities
Review of Statistical Data
Student's Responsibilities in School Safety
School-Teacher-Staff-Management Responsibilities in School Safety
Miscellaneous
Title IX and Athletes
Injuries in School-College, Specifically in Laboratories
Negligence
The Occupational Safety and Health Administration
Federal Trade Commission Regulations
Summary and Conclusion

From the Paper
"The event that compelled college universities to maintain security on campuses was the Kent State University event on April 20, 1970, when students gathered for a protest resulted in the ROTC building being burned to the ground. The fire department arrived and the students took the fire hoses forcefully from the firemen. By noon the National Guard ordered the students to break up the gathering and the students responded by throwing objects at the guard. A guardsman, believing he had heard sniper fire began shooting his M1 .30-06 into the group and other guardsmen began firing as well. The country was thrown into a hot outrage over the student's deaths. "

Tags:lawsuits, violence, crimes, teacher, injury

Abstract
The paper discusses how tort law appears to discriminate between different types of defendants such as public entities, rescuers, children, manufacturers, etc. when establishing a duty of care and to whom. The paper explains that this is because the law of torts is a specialized area of the law that seeks to account for damages in a civil setting that may occur because of a breach of that duty. Further, the paper notes that much of tort law has been developed randomly, many times to fill in gaps that exist in the law, and at other times, it is influenced by public policy. The paper explains that therefore, depending upon various factors, the duty of care can be high or non-existent depending upon the type of claimant and what type of duty of care a defendant breached.

From the Paper
"Tort law appears to discriminate between different types of defendants such as public entities, rescuers, children, manufacturers, etc. when establishing a duty of care and to whom. This is because the law of torts is a specialized area of the law that seeks to account for damages in a..."

Tags:tort, law, duty of care

Abstract
This paper examines the case of the manager of ABC Apartments misusing the key to one of their apartments by raping a tenant after using a spare key to enter her apartment. The paper describes the facts of the case and looks at landlord-tenant liability and duty of care. The paper then examines causation and the basis of ABC Apartment's liability in the case.

Table of Contents:
Facts
Duty of Care
Causation
Identifying the Basis of ABC Apartment's Liability

From the Paper
"Ordinarily, vicarious liability of employers is predicated on the common law principle of respondeat superior, pursuant to which employers are responsible for harms caused by their employees by virtue of the employer's failure to properly supervise or train them (Halbert & Ingulli 2000). In addition, many states have established precedents imposing an affirmative duty on the part of employers to safeguard their employees, tenants, and the general public from criminal conduct perpetrated by their employees. Minnesota, in particular, has dealt with the same factual circumstances raised by the ABC Apartment case; California and several other states have specific statutes defining additional liability for negligence in hiring and in the retention of employees who are unfit or otherwise unsuitable for their positions. (Feliu & Johnson 2002)."

Tags:causation employee, punitive damages

Abstract
Fifty years ago it was common to find the American family consisting of a mother, father, and two children. The father went to work, while the mother performed her motherly duties throughout the day. This paper explains how, over the last few decades, however, the work of the woman has shifted dramatically. Women are entering the work force at a higher rate, and with this, their motherly duties are shifting. It shows how some women are now perform these duties after their shift at work outside the home, and while they are at work, their children are placed in child care. Only after understanding the history of child care, the types of child care, and the government involvement in child care is it possible to know how the changing of family dynamics has resulted in the need for child care.

From the Paper
"Once women began to enter the workforce, more and more mothers decided to join with other women and go to work. This caused these mothers to take on twice the responsibility as other people because they now had two full time jobs. "Working mothers still do twice as much housework as their husbands, and more than half of all women questioned expressed at least some dissatisfaction with the amount of help their husbands provide around the house" (Morin and Rosenfeld 1998 A1). This responsibility of raising children while working is not limited to women though, increasingly men are becoming the caretaker of children and they face the same struggles. The continuation of women in the workplace, while extremely stressful, is a result of the feeling of satisfaction that comes with a job. According to Clarke-Stewart (1993), "They get more satisfaction from outside work than nonworking women do from housework. They feel better about themselves as individuals and as competent achievers. They feel healthier, more independent, and in control of their lives" (2). However, with this sense of independence comes a feeling of overwhelming responsibility."

Tags:childcare, government, head, high, kindergarten, nursery, pre, school, start

Abstract
This paper shows how of all crimes manslaughter appears to afford most difficulties of definition, for it concerns homicide in so many and so varying conditions. It looks at how liability for manslaughter can arise from an unintentional killing caused by negligence ie. the omission of a duty to take care. It deals with the definition of manslaughter, the appropriate test and the jury direction. It also discusses the creation of a new head of common law manslaughter, reckless manslaughter and the implications of this turning of the law. Through examples of court cases, it analyzes how proposed reforms will not only introduce much needed clarity but will allow the law to operate much more effectively as a mechanism of censure by reducing the net of liability to those truly responsible for the deaths they cause.

From the Paper
"Lord Roskill in Seymour , took recklessness to be the most suitable term to express the kind of culpability required for this head of manslaughter. In this case the trial judge had directed the jury that they should convict if they were satisfied that he D had caused death, and had been reckless in doing so, recklessness here having the meaning attributed to in Lawrence . The House of Lords held, dismissing D's appeal, that the elements of common law manslaughter and motor manslaughter under the Road Traffic Act 1972 were the same, and the direction in R v. Lawrence was appropriate, save that it was also appropriate to point out to the jury that the risk of death being caused by the manner of the driving must be very high. The prosecution might charge either offense, but if both were charged, the prosecution must elect, upon which charge to proceed."

Tags:negligence, trial, jury, death, homicide, killing, house, of, lords

Abstract
In this paper, the author considers the role of a nurse from a perspective based on a six week student placement in nursing practice. This involved; two weeks with the primary care and community nurses (otherwise known as District Nurses); a week with a health visitor; two weeks of two units of mental health, one in a mental health rehabilitation unit and another in community mental health and a week in an acute elderly rehabilitation ward in a hospital.

Outline
As an Assessor of Care: Conducting Assessments
As an Advocate: Representing the Interests of the Client
As a Primary Carer: Providing Frontline Care
As a Manager of Care: Coordinating all the Care Required
As a Counsellor: Providing Talking and Listening Therapies
As an Educator: Promoting Health Through Educating Clients
As a Researcher: Providing Evidence Based Practice

From the Paper
"The role of the 21st century nurse in the United Kingdom is a highly varied, dynamic and multidimensional one. This is more important perhaps, due to the changes that have come about in the last two decades of the last century. There are demographic, epidemiological, political, economic and technological changes that have forcibly caused the NHS to undergo great organisational changes in the 1980s and 1990s. And now recently the government continues to outline further changes in the health care system which puts an emphasis on partnership and continuity of care between hospitals and the community. All this has seen nurses continuously readapt themselves in the role they play in the delivery of health care (Melia 2004)."

Tags:district, hospital, nhs

Abstract
This paper examines the issues of causation and remoteness in a tort of negligence claim. It provides a case study of a man who offers to fly a group to Disneyland in a private jet and breaches his duty of care when he drinks some alcohol in an effort to calm his nerves. The paper discusses the details of the case from a legal perspective and discusses the issues that arise.

From the Paper
"As it is unclear whether her arm could have been saved had Rachel been sent to see the consultant earlier we cannot apply the "but for" test. The delay in treatment may have reduced Rachel's chance of a full recovery; however, for such an argument to succeed it needs to be proved on the balance of probabilities to at least 51%. If a loss chance was recognised by Abby's failure to recognise the injury in time to treat it, then Abby would be liable. In the case of Hotson v East Berkshire Area Health Authority it was discovered that if the 13 year old boy who fell from a tree, was correctly diagnosed sooner he would have had a 25% of making a full recovery, but the delay in treatment meant that he lost this 25% chance and suffered avascular necrosis. However, it was held in the House of Lords that this 25% loss of chance does not prove the case to the necessary balance of probabilities that a civil action must be found. The Court of Appeal's 'quantification' of damages was wrong, as the obstacle of causation had not been overcome. In this scenario therefore, for Abby to be considered liable, it would need to be proved that had Rachel's injury been discovered sooner she would have had a 51% chance or more of making a full recovery."

Tags:duty of care, breach, responsibility

Abstract
This paper reviews a professional experience in which this writer was witness to an instance of poor patient care by a nursing care facility. The paper briefly outlines the sequence of events and describes the concerns of senior facility staff. Two separate incidents involving the same dereliction of professional duty were discovered. From there, the paper discusses the broader issues which this incident revealed and cites from outside sources to provide an illustration of just how serious health care problems can become if they are not addressed expeditiously.

From the Paper
"As the North American population ages, concerns about the nursing care that elderly patients receive have become more pressing in recent years. The following paper explores a professional experience this writer had while assisting a nursing care institution three years ago. In the process of describing this incident, time will be taken to outline how this occurrence relates to the broader issue of quality care in America. As should soon become evident, while the American health care system has many things about which it can be duly proud, it also has many shortcomings which must be resolved as soon as possible. With that in mind, it is to a discussion of an important issue - health care in America - that this paper now turns."

Tags:nursing, care, america