Dealing a Duty: Why Casino Markers Should Establish a Legal Duty of Care to Patrons

2017 ◽  
Author(s):  
Davis S. Vaughn
Keyword(s):  
Duty Of Care ◽  
Legal Duty

scholarly journals Do attackers have a legal duty of care? Limits to the ‘individualization of war’

2019 ◽  
Vol 11 (1) ◽  
pp. 1-25 ◽  
Author(s):  
Janina Dill
Keyword(s):  
International Relations ◽  
The State ◽  
Point Of View ◽  
International Humanitarian Law ◽  
Duty Of Care ◽  
Humanitarian Law ◽  
Moral Value ◽  
Legal Situation ◽  
Legal Duty ◽  
The Individual

AbstractDoes International Humanitarian Law (IHL) impose a duty of care on the attacker? From a moral point of view, should it? This article argues that the legal situation is contestable, and the moral value of a legal duty of care in attack is ambivalent. This is because a duty of care is both a condition for and an obstacle to the ‘individualization of war’. The individualization of war denotes an observable multi-dimensional norm shift in international relations. Norms for the regulation of war that focus on the interests, rights, and duties of the individual have gained in importance compared to those that focus on the interests, rights, and duties of the state. As the individual, not the state, is the ultimate locus of moral value, this norm shift in international relations, and the corresponding developments in international law, are morally desirable. When it comes to IHL, the goal of protecting the interests of the individual creates strong reasons both for and against imposing a legal duty of care on the attacker. The enquiry into whether IHL does and should impose a legal duty of care therefore reveals that the extent to which war can be individualized is limited.

scholarly journals Childhood in the digital age: a socio-cultural and legal analysis of the UK’s proposed virtual legal duty of care

2019 ◽  
Vol 27 (4) ◽  
pp. 311-338 ◽  
Author(s):  
Conrad Nyamutata
Keyword(s):  
White Paper ◽  
Duty Of Care ◽  
Legal Analysis ◽  
Digital Space ◽  
Participation Rights ◽  
Legal Duty ◽  
The Subject ◽  
Legal Contexts ◽  
The Uk ◽  
Legal Interventions

Abstract In 2019, the UK government issued an ambitious White Paper as a precursor to the regulation of ‘online harms’. This article adopts a socio-cultural and legal approach to analysing the proposed law in the context of children. How childhood is conceptualized influences public policy and legal interventions, including on the digital space. This remains a contested terrain with different conclusion on the effects of the cyberspace. The biggest challenge with legal interventions on the digital realm is the need to achieve a balance between protection and participation rights of children. The dominant conception of childhood as a period of vulnerability has meant ‘protection’ often overrides participation rights. However, such focus is the subject of challenge, with some suggesting that regulation is the product of moral panic. A further strand is the potential of disproportionate punitive measures against Internet companies against the backdrop of human rights obligations. The UK proposition is discussed within this socio-cultural and legal contexts with the objective of highlighting challenges and legal pitfalls. This article argues that Internet governance ought to give serious consideration to the new sociology of childhood.

scholarly journals CIVIL LIABILITY FOR NEGLIGENCE: AN ANALYSIS OF CYBERBULLYING POLICIES IN SOUTH AUSTRALIAN SCHOOLS

2015 ◽  
Vol 1 ◽  
Author(s):  
Peta Spyrou
Keyword(s):  
Young People ◽  
Empirical Evidence ◽  
Civil Liability ◽  
School Community ◽  
Legal Liability ◽  
Duty Of Care ◽  
Australian School ◽  
Multifaceted Approach ◽  
Whole School ◽  
Legal Duty

Cyberbullying is a form of covert bullying that affects the lives of young people and adults alike. Empirical evidence suggesting that the effects of cyberbullying may lead to protracted mental harm highlights the need for schools to take a proactive stance against this form of bullying. This article looks specifically at the effectiveness of the anti-bullying policies implemented by South Australian school authorities in order to comply with their legal duty of care in negligence. Part I introduces the topic of cyberbullying, while Part II explains a school’s legal liability for instances of cyberbullying and identifies the requisite need for anti-bullying polices. In addition, Part III highlights the need for a multifaceted approach to reduce the occurrence of cyberbullying that recognises the important roles played by parents and student bystanders. This section concludes by providing specific recommendations on how anti-bullying policies should be implemented. The article argues that while school authorities may bear legal liability for instances of cyberbullying, schools cannot effectively implement anti-bullying policies without forming a partnership with the whole school community.

scholarly journals Air Pollution Disasters: Liability Issues in Negligence Associated With the Provision of Personal Protective Interventions (Facemasks)

2020 ◽  
pp. 1-7
Author(s):  
Fiona McDonald ◽  
Claire J Horwell
Keyword(s):  
Public Health ◽  
Air Pollution ◽  
Health Risks ◽  
Duty Of Care ◽  
Protective Mechanism ◽  
Health Issues ◽  
Health Crisis ◽  
Public Health Crisis ◽  
Significant Public Health ◽  
Legal Duty

ABSTRACT Disasters may impact air quality through the generation of high levels of potentially pathogenic particulate matter (PM), for example, in a volcanic eruption. Depending on the concentrations of particles in the air, their size and composition, and the duration of exposure, high levels of PM can create significant public health issues. It has been argued that air pollution, in and of itself, is a public health crisis. One possible intervention to reduce exposure to high levels of PM during an air pollution disaster (APD) is using facemasks. However, agencies may be reluctant to recommend or distribute facemasks for community use during APDs for a variety of reasons, including concerns about liability. There has been no analysis of these concerns. This paper analyzes whether agencies may have a legal duty of care in negligence to provide warnings about the health risks associated with APDs and/or to recommend facemasks as a protective mechanism for community use to reduce exposure to PM. It is also the first to examine the potential for liability in negligence, when a decision is made to distribute facemasks for community use during an APD and the receiver alleges that they sustained a personal injury and seeks compensation.

Building blocks of a mentally healthy workplace

2019 ◽  
Vol 185 (2) ◽  
pp. 62-62
Author(s):  
Emma Mamo
Keyword(s):  
Mental Health ◽  
Building Blocks ◽  
Working Environment ◽  
Duty Of Care ◽  
Healthy Working ◽  
Legal Duty ◽  
Healthy Workplace

As an employer, you have a legal duty of care to those you employ. But have you considered that that duty extends to supporting their mental health? Here Emma Mamo, head of workplace wellbeing at Mind, suggests some ways to go about building a mentally healthy working environment.

scholarly journals Familial genetic risks: how can we better navigate patient confidentiality and appropriate risk disclosure to relatives?

2019 ◽  
Vol 45 (8) ◽  
pp. 504-507 ◽  
Author(s):  
Edward S Dove ◽  
Vicky Chico ◽  
Michael Fay ◽  
Graeme Laurie ◽  
Anneke M Lucassen ◽  
...  
Keyword(s):  
Value Of Information ◽  
Healthcare Professionals ◽  
Family Members ◽  
Duty Of Care ◽  
Risk Disclosure ◽  
High Profile ◽  
Relative Value ◽  
Genetic Risks ◽  
Legal Duty ◽  
Close Relatives

This article investigates a high-profile and ongoing dilemma for healthcare professionals (HCPs), namely whether the existence of a (legal) duty of care to genetic relatives of a patient is a help or a hindrance in deciding what to do in cases where a patient’s genetic information may have relevance to the health of the patient’s family members. The English case ABC v St George’s Healthcare NHS Trust and others considered if a duty of confidentiality owed to the patient and a putative duty of care to the patient’s close relatives could coexist in this context. This article examines whether embracing the concept of coexisting duties could enable HCPs to respect duties in line with their clinical judgement, thereby providing legal support and clarity to professionals to allow them to provide the best possible genetics service to both the patient and their family. We argue that these dual duties, framed as a novel, composite duty to consider the interests of genetic relatives, could allow HCPs to exercise and act on their professional judgements about the relative value of information to family members, without fears of liability for negligence or breach of confidence.

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