Introduction The nature of the banker-customer relationship is one of agency. Amongst the duties that stem from this relationship, the bank’s duty of confidentiality is clearly an issue of great importance. The focus of this essay is on the scope and limitations of the bank’s duty, both to its customers as to the public. In order to analyse this it is necessary to firstly consider the idea of duty of confidentiality, Secondly, it is necessary to study the Court of Appeal’s judgement in the case of
Cicero’s definition of duty is a term in which in this course, is far reached than what we would have ever thought duty would stand for. Defining duty can be said to be a commitment or obligation to someone or something that causes them to pursue a certain action. Duty is split into two parts which consist of dealing with what is the “supreme” good and second, practicing rules which are strictly regulated in all means of daily life. Another classification of duties are duties which are middle or complete
The duty of easy rescue is perhaps one of the most heavily debated and most controversial topics in criminal law. The origin of this duty is Biblical and it aims to punish the so-called ‘bad Samaritan’ who fails to render assistance to a person in peril . Unlike the Anglo-American jurisdictions , most European states recognise the duty of easy rescue, albeit to different extents . Scots law per se does not impose a duty of easy rescue on ordinary citizens and failure to act constitutes a criminal
assessment is to explain the term duty of care and what the term means for a health care professional. In this instance, the assessment explores the role of a paramedic and when their duty of care would come into play. The term duty of care can be defined as a legal obligation that the safety and wellbeing of a person is a priority (Eburn, 2010). The paramedic has a duty of care as soon as they arrive at the scene where the patient is located. As a paramedic, the duty of care is to provide the correct
The categorical imperative and prima facie duties are both anti-consequentialist theories or based on duties rather than the outcomes (Simpson, 2015). Although they are the same in some manner but there is a slight difference on both of their views on morality. Kant’s moral theory is ‘monism’ (based on a single, pre-eminent, all-encompassing rule or principle) while Ross is ‘pluralism’ in form (Simpson, 2015). Ross claims there are several characteristics which make an act right, and they are not
texts, duty based in morality or religion is a common theme. It helps to characterize the main characters as well as emphasize the conflict in the text. In Middle-Eastern texts, there was often a duty to other people. In French Renaissance texts, the character’s duty could be driven by moral or religious reasons. In French and Middle-Eastern texts, however, moral and religious duty helped to develop characters and drive the plot. In the Middle-Eastern text Thousand and One Nights, moral duty is a
Summarise Keller’s “special goods theory” of filial duty (pp. 264- ) and the main arguments in support of it. Choose ONE of these arguments and challenge it. By Feodora Gnilenco- 14704361 A parent may or may not need care in the near future, the question is whether the child has an obligation to provide this care, and if he does to what extent does it apply. A grown child should decide what kind of care to provide for their elderly parent, to what extent it is his responsibility to pay his parents
S URVEY 2013 40 existence of a duty of care towards the plaintiff is assessed on a case-by-case basis 24 and according to the criteria set out by the House of Lords in Caparo Industries plc v Dickman : 25 foreseeability of the damage, «proximity» between the plaintiff and the defendant, and the fact that it was just and reasonable to assume the existence of a duty of care 26 . However, neither English nor Nigerian case-law recognize the existence of a general duty of care as regards the damage
monetarily. Singer further claims that duty and charity should not be as distinct as they are now, and hints at uniting the two. Upon careful analysis of Singer’s paper, one can find multiple loopholes in this proposal,
a. Describe what is a Duty of Care A duty of care is a persons’ responsibility to avoid acts that could be likely to cause harm to others. The onus is on the plaintiff to show that the defendant owes them a duty of care. b. State the precedent case for duty of care Donoghue vs Stevenson (1932) (the ‘neighbour principle’) is the benchmark case for duty of care. Mrs Donoghue's friend had purchased her a bottle of ginger beer. After she had consumed the ginger beer she discovered a decomposing snail