Public Duty Doctrine With Regard To Definition, Theory And Application

761 words - 4 pages

Public duty doctrine definition is that "a local government entity's liability for nondiscretionary functions may not be predicated upon the breach of a general duty owed to the public as a whole; instead only the breach of a duty owned to the particular person injured is actionable." The public duty doctrine is based on the absence of duty in the first instance. This means that the government entity can only bear liability if at all a particular individual is injured due to the failure of the entity; this means that there must be a duty which is breached on that particular individual. Liability is not taken if at all it is based on the general public. (Knight, 1999)"Governmental duty to ...view middle of the document...

(Wynn, 2007)Any conduct that creates a "foreseeable zone of risk" gives rise to a duty of care. If the government entities have a conduct that may create a risk to an individual or people when such a risk happens to the people or individuals then there is a duty of care by the government but if the no conduct or anything which has been done by the entity to create risks to the people and a risk occurs to individual or the general public then there is no duty of care. The government entity is only reliable in cases whereby there is evidence of foreseeable risk which was not acted upon at the right time. (Drake, 2006)In order to establish that a special relationship exists between a local government entity and an individual, which is the basis for a special duty of care owed to such individual, there are certain elements which need to be present in such a case. In the first place "an assumption by the local government entity, through promises or actions of an affirmative duty to act on behalf of the party who was injured." Secondly the knowledge on the part of the...

Other Essays Like Public Duty Doctrine With Regard To Definition, Theory And Application

Intervention Study: Classroom Diversity And Environment Theory Application

2610 words - 11 pages year old, 4th grade, female struggling reader. This theory application will explore the specific diversity situation presented, a plan to advocate, appropriate instructional practices, and the environment that will help promote success for the diverse student studied. Diversity The student studied is a 4th grade female student who attends a suburban public school in Western, NY. She just recently turned 10 years old. The National Council of

Legal and Ethical Issues: Confidentiality, Privilege, Reporting and Duty to Warn

1366 words - 6 pages Legal and Ethical Issues: Confidentiality, Privilege, Reporting and Duty to Warn Liberty University Abstract Any persons working in the social work, counseling or any helping profession will be faced with different incidents where they will be dealing with confidentiality, privilege, reporting and duty to warn. The research done, will allow readers to have a first hand look at different hypothetical and even factual events that have

2003 US Invasion Of Iraq And The Application Of Groupthink Theory

1163 words - 5 pages who kept silent and didn’t voice oppositions were viewed as supporters of the war. This can also tie in with pressure for conformity, which is defined as pressure experienced by other group members to conform to the groups beliefs and those who disagree are viewed as disloyal (Janis & Mann, 1977). As previously stated, those who opposed the war could have been viewed as unpatriotic by the public. This pressure of conformity can also lead to the

Applying Orem's Theory to Care for Patients with Neurogenic Bladder

2465 words - 10 pages Applying Orem's theory to care for patients with neurogenic bladder INTRODUCTION The core of nursing is theory guided practice. Nurses uses concepts, principles and theories of nursing to meet the health needs of the patients. Nursing practice is the art and science of caring and healing. In order to provide holistic and effective interventions, nurses use the

4 Things to Consider When Your Trademark Application Is Refused Based Upon a Likelihood of Confusion with Another Mark

2026 words - 9 pages You applied for your Trademark Registration months ago. You then started to build your brand or business around this mark. You thought everything was alright until one day, months after filing for the mark, you receive a letter from the U.S. Patent and Trademark Office (hereinafter “USPTO”) informing you that your Trademark Application has been refused based upon a likelihood of confusion with another mark. Angry and confused you cannot

Anna’s Boss Refused to Sign Her Leave Request for Jury Duty and Now Wants to Fire Her for Being Absent Without Permission

3316 words - 14 pages worker for filing a worker’s compensation claim. b. The primary action(s) that you should take to limit liability and impact on operations; specify the ethical theory that best supports your decision. First, it should be noted that the At-Will Employment Doctrine is fairly unique to the American employer-employee relationship. Most western industrialized nations do not adhere to the rule, and generally afford employees with some form

OVERVIEW OF SECTION 2 OF THE SHERMAN ACT AND ITS APPLICATION TO

5540 words - 23 pages OVERVIEW OF SECTION 2 OF THE SHERMAN ACT AND ITS APPLICATION TO MICROSOFT A great deal of the public discussion concerning Microsoft seems to assume that, because Microsoft has been highly profitable and has engaged in various practices that have placed a number of rivals under intense competitive pressure, the company is fair game for whatever "remedies" the Department of Justice might choose to impose. In fact, however, the Department's power

The Contract Administrator Has a Duty to Issue Certain Certificates Under the R.I.A.I. and G.C.C.C. Standard Forms of Contract. Identify the Certificates, Explaining the Relevance of Each

4426 words - 18 pages been vested to the employer  Properly stored  Clearly marked with the site address.  Insured regardless of the current location. III. IV. V. Price variation’s Claims for delay Title has been transferred to the employer (RIAI, 2006) 6 John Tully Construction Administration and Management C10705495 The employers representative must issue a certificate to the contractor within 10 (Ten) working days of submitting the application. The

China Non Ionic Surfactant Market by Company, Country, Application and Forecast to 2019

895 words - 4 pages basic information of Non-Ionic Surfactant including its classification, application and manufacturing technology; The report then explores global and China’s top manufacturers of Non-Ionic Surfactant listing their product specification, capacity, production value, cost, gross margin and market share etc.; The report further analyzes quantitatively 2009-2014 global and Chinese total market of Non-Ionic Surfactant by calculation of main economic

Stone Production Line Application of Pre-Screening and Check Screening to Determine

668 words - 3 pages Stone production line application of pre-screening and check screening to determine Grinding operations in the Cone Mill Simplified, the cylinder body equipped with grinding media. Grinding medium was brought to a certain height with the cylinder rotation, due to the weight of the media whereabouts.So mounted in the cylinder body of ore by the role of the media impact; On the other hand, due to the revolution and rotation of the grinding

How and to What Extent Did War and Violence Contribute to the Definition of Chivalry as Both an Historical and Social Phenomenon?

1934 words - 8 pages How and to what extent did war and violence contribute to the definition of chivalry as both an historical and social phenomenon? It is largely acknowledged by historians that, while it is difficult to be definitive in the meaning of chivalry-with Maurice Keen believing it to be a ‘word elusive of definition’- it came to denote the culture of a martial estate which ‘regarded war as its hereditary profession’. Thus, it could be considered that

Related Papers

Consider How The Doctrine Of Binding Precedent Operates In The English Courts, Having Particular Regard To Its Advantages And Disadvantages

3322 words - 14 pages the law, though they frequently have to apply existing law to circumstances as to which it has not previously been authoritatively laid down that such law is applicable." However this does not take into count the other two Latin principles that the doctrine of judicial precedent is based on. The Declaratory Theory (Friedmann 1967) has since been ‘over-ruled’ or revised with the modern view that judges do make law. Lord Radcliffe stated

Men's Rights With Regard To Domestic Violence

1004 words - 5 pages year wherein viewers were constantly subjected to scenes showing the Taleban police in Afghanistan whacking the women with sticks, while Feminists repeatedly condemn the policemen. But in one scene that was played once, a reporter was asking a policeman why the Taleban police force kept on hitting women and not men. The policeman chuckled and said "We do not need to hit the men because they are disciplined and orderly." Sure enough, the men were

Theory, Practice And Application Essay

985 words - 4 pages The four functions of management are planning, organizing, leading, and controlling. Manager must be able to work well with people, to accomplish organization goals. A manager is leaders which gives directions, and make decisions. Managers must be able to deal with conflict and ideas to resolve conflicts to have a more pleasant work environment. Having all four functions helps to achieved the organization goals effectible. Managers

Ritain With A Special Regard To The Educational Sector

3838 words - 16 pages Exploring the Roots of Islamophobia in Great Britain with a Special Regard to the Educational Sector Table of Content 1. Introduction………………………………………………………………………….1 2. Islamophobia in the Multicultural State Great Britain …..………………………2 3. Islamophobia and the Education Sector….……………………………………...4 4. What to do against it .…..………………….………………..…………………….8 5. Conclusion………………………………………………………………………....10 6