BREACH OF DUTY OF CARE (Code and (University name) Introduction A tort is a legal wrong done to someone and for which the law tries to provide a remedy. This is a civil action by one individual against the other and for which it is tried in court…
These principles arise from case laws. It can also be distinguished by the fact that breach depends on the actions of an individual and not on a previous agreement between parties as seen in contract law (HODGSON, et al, 2007). There are some examples of tort law which include; negligence, intentional torts, and nuisance. Negligence is the most common type of tort where the behaviour of an individual poses an unreasonable risk to people or property. The tort of negligence is established when it can be proven that there is an existence of duty of care between the two parties who are the defendant and the plaintiff. Secondly, when proven that the loss of harm was reasonably foreseeable. Also if it is established if there is a breach of duty on the part of the defendant. This is where it is proven that his behaviour falls below the threshold set for a reasonable person. Finally, negligence is proven if due to the defendant’s breach, there was loss or injury to the part of the plaintiff. Nuisance is a tort which implies that people should not interfere with other people right to quiet through the noise and pollution. If they do so, they are liable under the nuisance tort law. Finally, intentional tort covers acts that are reasonably foreseeable to cause harm and cause harm. ...
This is where the defendant needs to prove that the plaintiff was responsible for injury to some degree. If this is proven, the claimant will not recover anything. Also, the claimant recovers nothing if it can be proven that he voluntarily submitted himself to the injury, and he had knowledge of the risk. Finally, if it can also be proven that the injury or harm was as a result of the actions of a third party (LEVINSON, 2002). Statement analysis Looking at the below statements, some aspects clearly come up. “The standards of the profession, for example, are presumed by law to be reasonable standards. Such evidence is not by itself conclusive. It is not enough to act in accordance with a general practice if it ought to be apparent to a reasonable man that it is a negligent practice.’’ C.D. Baker (1991) These aspects include: the standards of profession where professionals are held according to the standards that are reasonable for a person within that profession. A person is not found guilty as long as they act according to what is expected in their field of work. This is seen in the case of Bolam Vs Friern Hospital Management Committee in 1957. In this case, Mr Bolam was a voluntary patient in a mental institution run by the Friern Hospital Management Committee. In the agreement, Mr Bolam agreed to undergo an electro-convulsive therapy. However, the procedure did not go well as he was not given a muscle relaxant. When he sued the hospital for neglect, it was seen that it was a common practice for professionals not to warn patients if the risk is small. It was also concluded that a medical profession should not be held guilty of negligence when he acts within his scope. They are not found guilty of neglect just because a ...
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“Professional Standards Essay Example | Topics and Well Written Essays - 1500 Words”, n.d. https://studentshare.net/law/84346-professional-standards.
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