Embracing Diversity Challenging Minds - 2946 Words

Breach of duty Breach of duty is defined as when defendant has fallen below the standard of care required by law. Once it has been established that the defendant owed the claimant a duty of care, the claimant must prove that the defendant was in breach of duty. ------------------------------------------------- A breach of duty occurs when defendant has not taken care, i.e. has been negligent. STANDARD OF CARE Breach of duty in negligence liability is decided by the objective test, i.e. the defendant is expected to meet the standard of a reasonable person. This test is from the case of: Vaughan V Menlove The defendants haystack caught fire due to poor ventilation. Defendant had insured it, therefore would lose nothing if it caught†¦show more content†¦On the day of the crash he had also been involved in two minor incidents. Held: defendant was not in breach of duty. To apply an objective standard in a way that did not take into account of D’s condition would be to impose strict liability but that is not the law. c. Professionals and special skills Standard of an ordinary skilled member of the profession. Vowles v Evans (2003) A rugby player was injured as a result of a decision made by the referee. CA said that the degree of care a referee was legally expected to exercise would depend on his grade amp; that of the match he was refereeing.This means that the same accident might amount to a breach of duty if the referee was a trained professional, but not if he was an amateur. Here the referee was a professional amp; was found liable. Gates v Mc Kenna A stage hypnotist was expected to take the precautions that a ‘reasonably careful exponent of stage hypnotism’ would take to prevent psychiatric injury to members of his audience. Watson v Gray (1998) A D professional footballer could only be liable for negligently injuring another player if a reasonable professional footballer would have known that what the D did carried a significant risk of serious injury. d.Different opinion Within a profession or trade there may be difference of opinion as to the best techniques and procedures in any situation . Bolam v Friern Barnet Hospital Management Committee P, a patient was given drugs before electric shockShow MoreRelatedNvq Level 3 Essay779 Words   |  4 PagesChildren’s and Young People’s settings 1.1 Explain what is meant by * Diversity * Equality * Inclusion Diversity basically means difference. Diversity is about understanding that everyone has things in common but also that everyone is different. Diversity is about embracing those differences because if everything and everyone was the same then life would be boaring. Some examples of diversity are listed below: * Gender * Race * Culture * Beliefs * Ability Read MoreReflection On Culture, Ethnicity, And Race905 Words   |  4 Pagesnon-Hispanic whites making up only 40% of the U.S. population is anything to go by, it is clear beyond any reasonable doubt that we need to prepare the coming generations to comfortably embrace this change (Great Schools Staff, 2015). The subject of social diversity can therefore no longer be ignored since as a matter of fact, its impacts are already here with us. Public schools are becoming more diverse, and both the teachers and the students are feeling the impact. Teachers should therefore be actively involvedRead MoreThe Impact Of Social Identity On Education905 Words   |  4 Pagesnon-Hispanic whites making up only 40% of the U.S. population is anything to go by, it is clear beyond any reasonable doubt that we need to prepare the coming generations to comfortably embrace this change (Great Schools Staff, 2015). 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Teachers should therefore be actively involvedRead MoreWhat I Think The Synthesis Of Cultures951 Words   |  4 PagesLearning Activity 3 What I think the synthesis of cultures in America would look like if it settles. I would say the world would be more peaceful and all cultures, a race would get along. The United States of America thrives on diversity. A synthesis of the world s plentiful and varied races, religions, and culture, America is a home to all, such that no one group can call itself more â€Å"American† than another. The fusion of cultures here can be just as proud of their aboriginal culture heritageRead MoreManagement Behavior Memo992 Words   |  4 Pagesthe normal workday, but it is also needed for challenging and exciting plans for our company. As InterClean, Inc. engages into the acquisition of Enviro Tech, a more diverse work environment will be created, wherein team work will be essential for success. 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