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Situations in which a duty of care have previously been held to exist include doctor and patient, manufacturer and consumer, [2] and surveyor and mortgagor. [3] Accordingly, if there is an analogous case on duty of care, the court will simply apply that case to the facts of the new case without asking itself any normative questions. [4]
The common law position regarding negligence recognised strict categories of negligence. In 1932, the duty of a care applied despite no prior relationship or interaction and was not constrained by privity of contract. [2] Here, a duty of care was found to be owed by a manufacturer to an end consumer, for negligence in the production of his goods.
The ethics of care (alternatively care ethics or EoC) is a normative ethical theory that holds that moral action centers on interpersonal relationships and care or benevolence as a virtue. EoC is one of a cluster of normative ethical theories that were developed by some feminists and environmentalists since the 1980s. [ 1 ]
Medical standards of care exist for many conditions, including diabetes, [3] some cancers, [4] and sexual abuse. [5] Failure to provide patients treatment that meets a standard of care can incur legal liability for any injury or death that results. In large-scale disasters, public authorities may declare crisis standards of care apply. This ...
Allowing people under care to take risks is often perceived to be in conflict with the caregivers' duty of care.Finding a balance between these competing considerations can be difficult when formulating policies and guidelines for caregiving.
Donoghue v Stevenson [1932] AC 562 was a landmark court decision in Scots delict law and English tort law by the House of Lords.It laid the foundation of the modern law of negligence in common law jurisdictions worldwide, as well as in Scotland, establishing general principles of the duty of care.
Duty of care, ethical investment Cowan v Scargill [1985] Ch 270 is an English trusts law case, concerning the scope of discretion of trustees to make investments for the benefit of their members. It held that trustees cannot ignore the financial interests of the beneficiaries.
Moral Boundaries: A Political Argument for an Ethic of Care by Joan C. Tronto is an American book [1] published in 1993, contributing to the debate over the ethics of care through a feminist lens. [ 2 ] [ 3 ]