How to use duty of care in a sentence

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Sentence Examples The professional duty of care for architects is now well established by case law. The banking troubleshooter found the bank had failed in its duty of care to its customers. We take our responsibilities very seriously and must be seen to put safety first and exercise a proper duty of care. Critics say a common theme has been the failure to exercise a duty of care for its young charges and a failure to crack down on bullying. Laois County Council say they have a duty of care to house people, but they also have a duty of care to people already housed. The Prison Service has a duty of care to its prisoners and also a duty to protect society. You owe a duty of care to the ex-employee in providing a reference to a prospective employer. On inspection they were found to be in poor condition and needed to be coppiced under the council's duty of care. Consumers should be aware that there is a duty of care imposed on each insurance policy holder. Directors must know what they are doing or they cannot satisfy their duty of care. The duty of care owed by correctional officers to take steps to protect the inmates is a reasonable one. Lorimer believes the players' clubs have a duty of care to their young charges. If you breach that duty of care, it is reasonably foreseeable that you're going to injure somebody. They simply adopted the everyday risk formulation and said that a duty of care does not even arise. The regulations, he said, would place a duty of care on organisers of funfairs and owners of fairground equipment. As stated, the common law and equity each developed the duty of care, but they did so independently of each other. And the steps required to be taken to discharge that private law duty of care may be steps comprehended within the public duties. This is because decisions that concern matters of policy are not subject to a common law duty of care. Was it just and reasonable that the defendant should owe a duty of care of the scope asserted by the plaintiff? The respondent owed the appellant only the ordinary general duty of care owed by an occupier to a lawful entrant. Show More Sentences In my judgment an attempt to formulate a duty of care in this way is wholly misconceived. The wardens would also have had a general duty of care to keep the area clear of litter to help improve the look of the site. Whenever one person is lawfully in the custody of another, the custodian owes a duty of care to the detainee. Our primary responsibility is our duty of care to our vulnerable residents. The pleading against the solicitor is in the alternative, in negligence for breach of duty of care and in equity for breach of fiduciary duty. I find that there was no breach of a duty of care and no negligence on the part of the defendants and the action is dismissed. The second way to limit the scope of the duty of care is to appeal to arguments of public policy. The family has now decided to end its 130-year link with the house, and a duty of care will pass to the next purchasers. At the very least the council should assume a duty of care to all the kids using this scheme. The Supreme Court found that there was a duty of care owed by all but one of the particular defendants. He was forced apologise to several patients after admitting the company had failed in its duty of care to them. Governors and headteachers will soon have a contractual duty of care to the work-life balance of teachers. The ombudsman said the GP failed in his duty of care and must now receive extra training. He says there is a difficult and intricate question about whether there was a duty of care in law. A negligence claim is habitually analysed compartmentally by asking whether there was a duty of care, breach of that duty, and damage caused by the breach of duty. There would be a fixed list of relationships covered by the statutory duty of care, creating an irrebuttable presumption that there was a close tie of love and affection. When a case falls within one of these situations or an analogous one and reasonable foreseeability is established, a prima facie duty of care may be posited. In these days of increasing litigiousness we emphasise duty of care, and mutual responsibility. Even if the issues are justiciable, the courts will not accept that a negligence action can be brought unless it would be just and reasonable for a duty of care to exist. Thus, justice did not demand that these benefits, which were not intended by the testatrix to whom the defendants owed the duty of care, should be paid by the defendants. Show More Sentences University students are adults and the duty of care that academics have is often perceived as more informational than hands on. The landowner has a duty of care to the community dependent upon him. We have a duty of care to our pupils and we can't put pupils at risk. We believe government has a duty of care to provide safe and efficient public transport for all the populace, and to properly maintain its infrastructure. Employers have a duty of care that extends beyond the workplace. The primary focus of those claims is in breach of duty and negligence, but I cannot agree that the defendant had a duty of care towards the claimant. The duty to control another person arises in tort law as an aspect of the duty of care. Are there any countervailing policy reasons to limit or deny a duty of care? The power would have to be exercised in accordance with the terms and purposes of the trust, the trustees' duty of care and their fiduciary position as trustees. He distinguished duties, such as the duty of care, which, though owed by fiduciaries, are no different in principle than equivalent duties in common law. In the fulfilment of that duty of care and in instructing the staff to follow that duty of care on our behalf, I take the responsibility. The legislature has introduced penalties for negligence in respect of this duty of care. It is also considered that other persons who maintain a position of trust within a corporation hold a duty of care to the corporation. The government's responsibility and duty of care to the public requires that the practices and lessons of good risk management be followed. This duty of care to protect employees means that company resources and structures focus on safety and prevention at all times. Moreover, where the victims have testified, the duty of care does not end with the conclusion of the trial. I agree that it could create anxiety that never eventuates in anything and it's really then looking at what's the extent of our duty of care to inform people of that risk. A solicitor who accepts a retainer owes a duty of care to his client. Ultimately Governors decide whether matters will be referred to the police and social services and are answerable for discharging their duty of care. A rider handed in by the jury indicated a failing of the prison service in its duty of care to the deceased, which rider the coroner refused to append to the inquisition. Show More Sentences I will not permit considerations of gender, race, religion, political affiliation, sexual orientation, nationality, or social standing to influence my duty of care. It is right to acknowledge, however, that the contractual position as between the parties may also negative the imposition of a duty of care in tort. The group claims the airlines neglected their duty of care by failing to take adequate steps to prevent passengers developing economy class syndrome. The applicants also allege that there has been an infringement of the principle that reasons must be given and of the duty of care owed by the Commission. It is a vestige of the feudal system of bushido, which governed a samurai warrior's allegiance to his overlord and a master's duty of care towards his underlings, says Akira Saito, business-ethics expert at Chuo University. However, the appellate court recognized the emphasis placed by the Supreme Court of Canada on the concern for indeterminate liability and the fact that this will, in many cases, negate the prima facia duty of care. The duty of care that should be imposed and the expectation and the position of trust that animal owners find themselves is not unlike that of the expectation that people should have for the standard of care for children. While it is unclear what the ultimate fate of this particular decision will be, the principle that an employer has a duty of care for the safety of its employees is here to stay. In addition, producers are under a duty of care to ensure that products are durable, reparable or recoverable as waste, and that the hazards emanating from a product in its waste phase are minimised. The duty of care is personal to each baby, not the parents, or the community. My niece has watched the whole tape of what happened and it's blatantly obvious that they failed miserably in their duty of care. It is a challenge we must meet if we are to fulfil our responsibilities to those who are most vulnerable and to whom we owe the highest duty of care. This duty of care, it followed, would bring with it potential liability for negligence if a certificate holder had an accident that was reasonably foreseeable or an accredited auditor was found negligent. The industry not only does not have a proper definition of the duty of care owed to clients, it appears that it does not want such clarity, as this allows the industry to adjust these rules to suit its particular needs. Clinical equipoise provides a link between the duty of care of a clinician with the need to do research to ensure that the therapies or interventions offered are demonstrably safe and effective. In the changing world of the NHS, it is vital for all Unite members to be brought up to date with record keeping and duty of care. Common law remedies, such as duty of care on the part of custodial authorities, false imprisonment or habeas corpus, provide very limited relief for inmates who wish to challenge their conditions of detention. BinckBank declined to comment, saying it did comply with its duty of care and it denied liability. William Walton, solicitor for Keats's mother and grandmother, definitely did know and had a duty of care to relay the information to Keats. Stevenson would be that a person owes a duty of care to those who he can reasonably foresee will be affected by his actions. Show More Sentences In English law, there is no Good Samaritan rule therefore one cannot be criminally liable for an omission unless a duty of care is owed. The claimant must prove that the breach of the duty of care caused actionable damage. The three women could not have sued the driver directly because they were not foreseeable and so no duty of care was owed to them. Donoghue could not sue under the contract, but it was established that the manufacturer was in breach of a duty of care owed to her. Negligence is a tort which arises from the breach of the duty of care owed by one person to another from the perspective of a reasonable person. Peat Marwick Hungerfords, such auditors do NOT provide a duty of care to third parties who rely on their reports. This issue arises, for example, in the duty of care that landowners have for guests or trespasses, known as occupiers' liability. Thus, for most purposes connected with the quantification of damages, the degree of culpability in the breach of the duty of care is irrelevant. The tort of negligent misrepresentation is often associated with the duty of care said to be owed by professionals, such as doctors, lawyers and accountants, to persons relying on their advice to their detriment. In her decision, the trial judge held that the employer owed its employees a duty of care to advise them about group insurance and to administer its group benefits plans competently. The applicant further submits that the unilateral approach taken by the Commission is contrary to the principle of international comity and to its duty of care. Second, the applicant submits that the Decision is at variance with the principle of the duty of care in that the Commission failed to collect the necessary information concerning the relevant facts. It created the modern concept of negligence, by setting out general principles whereby one person would owe a duty of care to another person. Turning to the second part of the test, the Court of Appeal examined whether there were any policy considerations which should foreclose the recognition of the duty of care in the employment relationship context. It was their duty of care to me if I was injured in the line of my work. Where the actus reus is a failure to act, there must be a duty of care. The manufacturer was sued in negligence and the court held that manufacturers could owe their ultimate consumers a duty of care in limited circumstances. Lord Thankerton ruled that Donoghue had no contract with Stevenson, nor that her case was covered by one of the scenarios in which a duty of care had previously been found. For example, an obstetrician who fails to warn a mother of complications arising from childbirth may be held to have breached their professional duty of care. Home Office was the culmination of a movement from duties of care being found in specific circumstances to using the neighbour principle as a general duty of care. Show More Sentences In such cases, the privity letter establishes a duty of care. Historically, in the context of the law of bailments, common carriers had a higher duty of care with respect to goods entrusted to them than other entities. It's just that one is the lover, while the other is the lovee. Together, they make love. One has an obligation to nurture, and the other has a duty of care. First, that the claim arose out of the health authority's statutory obligations under s117 Act 1983 and those obligations did not give rise to a common law duty of care. Find more words! 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Use our Sentence Generator Nearby Words duty-free duty-bound Duty duty Dutton dutifulness duumvir duumvirate Duval Duvalier duvet duvets