Problem question on negligence and duty of care

Deontologists' approaches to the nonaggregation problem when the choice is between saving the many and saving the few are: While the recommendations of the various studies differ in some details, they agree on principles and on the main features of reorganization.

For example, our deontological obligation with respect to human life is neither an obligation not to kill nor an obligation not to intend to kill; rather, it is an obligation not to murder, that is, to kill in execution of an intention to kill.

Multiple fiduciary duties may at times be at conflict with one another, a problem that often occurs with real estate agents and lawyers. Patient-centered deontologists handle differently other stock examples of the agent-centered deontologist.

The remaining four strategies for dealing with the problem of dire consequence cases all have the flavor of evasion by the deontologist.

If an act is not in accord with the Right, it may not be undertaken, no matter the Good that it might produce including even a Good consisting of acts in accordance with the Right.

Like Wykstra, Alston It is not clear, however, that satisficing is adequately motivated, except to avoid the problems of maximizing.

The words have specific nautical meanings, with legal consequences in the law of admiralty and marine salvage: This is true irrespective of whether the rule-violation produces good consequences; but it is especially so when good consequences result from the rule-violation.

The theodicist, however, is not so much interested in libertarian freedom as in libertarian freedom of the morally relevant kind, where this consists of the freedom to choose between good and evil courses of action.

Some fiduciaries do not sense the urgency for monitoring if they got the first three steps correct. December 20, 49 U.

Law School Online

The totality of the circumstances have to be examined for considering whether relief is to be allowed or not. As with the Doctrine of Double Effect, how plausible one finds these applications of the doctrine of doing and allowing will determine how plausible one finds this cause-based view of human agency.

MEDICAL NEGLIGENCE

Intending thus does not collapse into risking, causing, or predicting; and on the version of agent-centered deontology here considered, it is intending or perhaps trying alone that marks the involvement of our agency in a way so as to bring agent-centered obligations and permissions into play.

First, duties of differential stringency can be weighed against one another if there is conflict between them, so that a conflict-resolving, overall duty becomes possible if duties can be more or less stringent.

If A is forbidden by deontological morality from torturing B, many would regard that as a reductio ad absurdum of deontology. If, however, the ship should be lost, no account should be taken of the boat which was saved, or of the merchandise it may have contained.

Because of the magnitude and importance of the transportation functions transferred to the Department of Commerce by this reorganization plan, I have found and hereby declare that it is necessary to strengthen the top administrative structure of the Department by providing for the appointment and compensation of a new Under Secretary of Commerce for Transportation.

Consider any other factors: The directors, in their effort to save the institution consumed the funds of the company in reckless and improvident investments; loans were made at usurious rates of interest in anticipation of large profits; collateral was sacrificed in a vain attempt to sustain credit; and, in the failure of the directors to assign at a time when a great part of the assets could have been saved, there was a lack of that reasonable business judgment on the part of the directors on which stockholders rely.

Duty of care

The most common analogy, and the one favoured by Wykstra, involves a comparison between the vision and wisdom of an omniscient being such as God and the cognitive capacities of members of the human species. For example, it may be permissible, if we are one-life-at-risk short of the threshold, to pull one more person into danger who will then be saved, along with the others at risk, by killing an innocent person Alexander Therefore, it is clear there is an obligation on the employer in respect of physical injury but not property damage on its own.

The Evidential Problem of Evil

The killing of an innocent of course requires that there be a death of such innocent, but there is no agency involved in mere events such as deaths. Yet even agent-centered versions face this paradox; having the conceptual resources of agency and agent-relative reasons is not the same as making it plausible just how a secular, objective morality can allow each person's agency to be so uniquely crucial to that person.

The Director should compensate every such subscriber for any loss or damage he may have sustained by reason of such untrue statement in an action in tort and also under section 62 of the Act to pay compensate.

In fact, if the theist thinks that the evidence in support of theism is quite strong, she may employ what Rowe The money aasigned to the tribe or for the tribe to pay wu tribute; hence tributary. If a company had given special training to a director, he may be restrained by the company from using those special skills for the benefit of the rival company.

Moore shift, therefore, is not as straightforward a strategy as it initially seems. Additionally, the advisor needs to place trades under a "best execution" standard, meaning he or she must strive to trade securities with the best combination of low cost and efficient execution.

During the period of a detail, the Secretary shall pay the officer an amount that, when added to the officer's pay and allowances as an officer in the armed forces, makes the officer's total pay and allowances equal to the amount that would be paid to an individual performing work the Secretary considers to be of similar importance, difficulty, and responsibility as that performed by the officer during the detail.

The transfer of the functions of the Maritime Commission will bring into the Department the principal water-transportation agency of the Government.

In fact, since understanding the goods for the sake of which he permits terrible evils to befall us would itself enable us to better bear our suffering, God has a strong reason to help us understand those goods and how they require his permission of the terrible evils that befall us.

All classes are on a fixed time online at www. For such a pure or simple consequentialist, if one's act is not morally demanded, it is morally wrong and forbidden.

Even if we accept his contention is correct and even if we accept that as a result of wrong treatment given in the Hospital he has suffered permanent disability, the claim of Rs.

Propositions 11 - 14 form an essential part of the orthodox conception of God, as this has been explicated in Section 1 above. Moore shift" faces the daunting task of furnishing evidence in support of the existence of a perfect being; while resorting to a non-orthodox conception of God dissolves the problem of evil at the cost of corroding religiously significant attitudes and practices such as the love and worship of God.

It was submitted that as the members of the Forum are not qualified to deal with medical malpractice claims medical practitioners should be exempted from the ambit of the Act.

A director is not liable for omitting to claim a debt to the company, or to enforce a liability incurred before he joined the Board. Step by step guide to answering negligence problem questions: Note: This article aims to give an outline guide to things to consider when answering a negligence problem question.

Misrepresentation Essays. A misrepresentation is a false statement of fact, inducing another to enter into a contract. Misrepresentation can take various forms, such as fraudulent or negligent, the latter falling under innocent misrepresentation and each carries with it particular rights to damages in court and different burdens of proof.

The Court found that the school was in breach of the duty owed to its staff and was negligent in carrying out the basic steps to protect its staff from the risk of injury that could have been avoided by the exercise of reasonable care.

Tips on Answering Tort Problem Questions Always answer a tort problem question by considering each possible claimant in turn. So before you start writing your answer, identify who in the problem is likely to want of the road a duty to take care not to drive dangerously (a proposition which is so.

DIRECTORS’ CARE AND DUTY IN CASE OF BREACH. By V. Karthyaeni, Gujarat National Law University. 1. INTRODUCTION.

How to answer problem questions in negligence

Nature of Responsibility for Liability of Corporations. Gross Negligence Meaning. Gross negligence is a just cause for termination of employment by employer under Article of the Labor Code of the Philippines. Gross negligence has been defined as the want or absence of or failure to exercise slight care or diligence, or the entire absence of care.

Problem question on negligence and duty of care
Rated 5/5 based on 82 review
Evidential Problem of Evil, The | Internet Encyclopedia of Philosophy