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Questions tagged [duty-of-care]

A legal or moral obligation imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably cause harm thus ensuring the safety or well-being of others and their property.

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2 answers

(Australia) Can an organisation's duty of care for a minor be waived by a guardian?

Can a guardian in Australia legally waive an organisation's duty of care to a minor by signing a waiver? Are such waivers enforceable, and do they remove or reduce the organisation's duty of care? Any ...
EnderShadow8's user avatar
1 vote
1 answer

How would police proceed if arrestee is injured?

Hypothetically, a man is arrested after being chased by police and is being taken back to cop cars. On the way, he is shot in the chest and needs immediate medical attention. My idea right now is to ...
bookloverKM's user avatar
1 vote
2 answers

Is there an overlap between breach of contract and negligence?

It seems that negligence requires among other elements the presence of a duty of care, while breach of contract is a different type/cause of action, and yet it would also seem by common sense to ...
TylerDurden's user avatar
-1 votes
5 answers

In what jurisdictions is there a “duty to assist“ others in distress?

Apparently in the U.S. there is no duty to assist others, no matter how grave their plight. In what jurisdictions is this not the case?
TylerDurden's user avatar
10 votes
3 answers

Who has ultimate responsibility for a child who forged their permission slip and is then injured on a school trip?

A school is going on an excursion. The child is given the permission slip to take home and get signed by his legal guardian, but he forges the signature instead. On the excursion, he gets injured. Who ...
stickynotememo's user avatar
24 votes
6 answers

Is "I didn't think it was serious" usually a good defence against "duty to rescue"?

Supposing A gives B food that contains an ingredient that, unknown to A, B is violently allergic to, and B collapses. A refuses to call an ambulance, saying that B is just being dramatic, and ...
A. B.'s user avatar
  • 341
0 votes
1 answer

Can a need assessment for the purpose of the Care Act 2014 be done privately?

Generally they are required to be performed by a local authority. However, for NHS medical assessments, there is a statutory right to choose where the period of time that has passed since the referral ...
TylerDurden's user avatar
0 votes
0 answers

What is the closest American analogue to the Care Act 2014?

Does the United States have any near equivalent to the Care Act 2014 that guarantees some degree of provision of care to people with care needs?
TylerDurden's user avatar
6 votes
4 answers

If you know someone is committing infant abuse, do you also commit a crime if you choose not to report it?

What are a person's legal responsibilities if they believe that someone is currently committing infant abuse, but are not certain that they are doing so. For example, they might learn this from ...
dodo's user avatar
  • 365
1 vote
1 answer

Is it illegal for someone with a duty of care to not act on questionable information?

Someone told me about a case where some people got lost in the woods, "the authorities" (not sure who, but let's assume they had a legal duty to rescue the people who got lost) could not ...
Someone's user avatar
  • 17.1k
-7 votes
1 answer

Why is it legal for professors to present out-of-date information as practical and fact, when doctors are expected to give patients the latest cures?

Why is it illegal for doctors to not give the latest cure, keep in touch with the latest cures, find everything for the patient, but professors do not lose a practicing license as a result of teaching ...
user avatar
3 votes
1 answer

laboratory results being withheld until payment received from self pay patient

Is it legal for a Laboratory to withhold results from the ordering provider until a self pay patient pays their bill in full?
Dani's user avatar
  • 31
3 votes
2 answers

When a lawyer is paid by an insurance company and representing an individual to whom do they have a duty to act in best interests of?

As I understand it, with regards to civil claims handled through insurance there are two duties involved: An insurance company has a duty to defend their client, in the US this seems to be inherent ...
User65535's user avatar
  • 7,552
12 votes
2 answers

Does a duty of care arise from advertised functionality?

Credit card issuer advertises "account alerts" on its website and in other communications, e.g., to "receive a reminder when your payment is due". Customer sets up alerts, and ...
Josh Johnson's user avatar
8 votes
2 answers

Does "duty to rescue" apply to a child that one has no direct responsibility for?

This appeared in a comment on another SE site: If I am sitting by a deep swimming pool and see an unsupervised toddler child playing close to the edge - and then watch the child fall in and drown, ...
Ray Butterworth's user avatar
2 votes
2 answers

In the US, if I chose to let someone die purely because I have the right to use my body however I choose, would I be charged with murder?

I'll elaborate on the title: Someone asked me the question: Do you believe people should be forced to allow the use of their organs without consent? And in order to respond, I wondered what a ...
J.Todd's user avatar
  • 1,426