The Duty Of Care On Public Bodies - 1196 Words

An explanation will be made on how the current law addresses the imposition of a duty of care on public bodies. An evaluation will then be made to determine whether the duty of care the police owe to protect individuals from a known threat should be legally recognised. The common law duty of care was established in Donoghue v Stevenson [1932] AC 562 (HL) and refined in Caparo Industries plc v Dickman [1990] 2 AC 605 (HL). Any party including public authorities may owe a duty of care to another if particular conditions are fulfilled. The Caparo conditions apply to public bodies in respect of whether it is fair, just and reasonable to impose a duty of care on their actions. The fundamental case to address the duty of care imposed on a†¦show more content†¦Further to the general negligence position on public bodies, in instances of omissions the general principle is that there is no duty to act unless a special relationship exists. However, there is an exception, a duty is owed if proximity is established as demonstrated in Home Office v Dorset Yacht Co Ltd [1970] UKHL 2. Lord Bingham did not agree that the policy arguments established in Hill and subsequently followed in Brooks to be appropriate in the context of Smith. In Smith he attempted to introduce a ‘liability principle’. The principle proposed that where evidence is credible and the threat is specific and imminent, reasonable steps must be taken to assess such a threat and act where necessary. He did not agree that adopting the principle would induce defensive practices, neither did he agree that accepting the principle would detract from the police’s primary functions. The ‘liability principle’ reflected the content of Article 2 European Convention on Human Rights (ECHR), Right to life. Following the signing of the ECHR, the United Kingdom introduced the Human Rights Act 1998 (HRA 1998). Under s6(3)(a) HRA 1998, the courts are now considered a public body, therefore no decisions they make can affect the guaranteed rights of any individual under ECHR. The introduction of this legislation has resulted in individuals bringing claims for Human Rights breaches where negligence claims haveShow MoreRelatedPublic Bodies And The Law Of Negligence1656 Words   |  7 Pagesthe rationale underpinning the general principle that public bodies (in particular local authorities and the police) should not be liable in negligence in respect of the exercise of their statutory functions. Introduction Public bodies are â€Å"treated differently† from individuals in law in relation to the question of liability for negligent acts . This essay shall discuss the reasoning underlying the general principle suggesting that public bodies should not be held liable when exercising their statutoryRead Morehealth and social care in the work setting916 Words   |  4 Pagesï » ¿Introduction to Duty of Care in Health, Social Car or Children and Young Peoples Settings UNIT 5 1.1 Being a support worker means I have a responsibility of duty of care, which I am to adhere to at all times. This responsibility is a legal obligation as part of my job role. If these standards of care are not met I can put the service user/s in jeopardy of harm. The duty of care should be my self acting in the best interest of the individual at all times which should not be detrimental to theRead MoreEssay on L Shaddock Associates case v Parramatta City Council676 Words   |  3 Pagesï » ¿I’ll be presenting the case: L Shaddock Associates case v Parramatta City Council. First, I’ll provide a brief summary of situation that resulted in the court case, followed by the case itself, which brings up issues of duty of care and negligent mis-statement, and concluding with the judgement that was passed. The CASE: Shaddock proposed to purchase a property for the purpose of redevelopment. A telephone inquiry made by Mr Carroll, Shaddock’s solicitor, as to whether there was any local roadRead MoreThe Human Rights Act 19981355 Words   |  6 Pages A duty of care arises at common law as long as the Caparo criteria is satisfied. This is applicable to public authorities in the regard that it is fair, just and reasonable to impose a duty upon them as they act for the collective welfare of society. Newtown Council is a local government authority exercising public function; it is therefore susceptible to liability. Furthermore, it is important to note that the introduction of the Human Rights Act 1998 has affected the law of negligenceRead MoreCode of Professional Conduct1488 Words   |  6 PagesDiscuss the main clauses of the code of professional conduct drawn up by the institute of public relations and summarise the importance of the code? The public affairs practice has many definitions one such definition is communicating with the public to create and sustain good mutual relations with a organisation or company. There are P.R. agents who work in-house and others which work for a agency where ever you work as a P.R. practitioner are certain codes of ethics you are asked to followRead MoreDiscrimination and Special Educational Needs Essay848 Words   |  4 Pagesinclude a statutory duty on public bodies to promote race equality, good relations between different ethnic groups, and to demonstrate effectiveness of anti-discrimination procedures. In 2003 additional regulations also outlawed certain forms of discrimination due to religious belief. Race Relations Act1976 Outlaws discrimination of the grounds of race, colour, nationality, ethnic and national origin in employment, the provision of goods and services, education and public functions. IncorporatesRead MoreProfessional And Ethical Principles Of The Nurses1685 Words   |  7 Pagesâ€Å"The people in your care must be able to trust you with their health and wellbeing.† With reference to the professional and ethical principles discuss how the midwife can demonstrate that she is adhering to this statement. The NMC code states that â€Å"The people in your care must be able to trust you with their health and wellbeing† (NMC, 2008). This essay aims to describe how midwives demonstrate their adherence to this statement. To trust is to firmly believe in the reliability of something or someoneRead MoreContract Law and The Tort of Negligence1001 Words   |  4 Pagesindividual. It requires illustrating that there is a â€Å"duty of care†, â€Å"breaching the duty†, â€Å"factual causation† and â€Å"remoteness of damage†. First of all, it must be shown by the claimant that the duty of care is owed by the defendant, which involves,’ neighbour test’, that a person owes a duty of care when they can reasonably foresee damage to their neighbour – Donoghue v Stevenson, ‘liability of public bodies’, which includes providing public service to individuals in need of it, such as servicesRead MoreCase Analysis : Home Office V Dorset Yacht Essay1535 Words   |  7 Pagesthe claim and held that everyone owes a duty of care to their neighbors. The question presented before the House of Lords was whether the facts of the case constituted a cause for action for negligence (Borgo, 1979, pg. 419). Negligence pertains an act of carelessness. The elements of negligence encompass a legal duty of care towards the plaintiff and to exercise care in such a manner of the defendant as falls within the area of the duty, breach of that duty where the plaintiff suffers a loss andRead MoreResponsibilities and rights of employees and employers Essay1743 Words   |  7 Pagessafety cover the work conditions, and minimum wage and other law set basic compensation levels. Within our area of work we also have the Disability Act, Manual Handling Operations and Regulations, Data Protection Act, The Medicine Act, General Social Care Council code 2001, RIDDOR 1995 and more. 1.2 List the main features of current employment legislation Pay Being paid and payslips Company sick pay rights Performance-related pay Employment contracts and conditions Contracts of