TORT LAW Essay Example | Topics and Well Written Essays - 1500 words

TORT LAW - Essay Example Considering the fact that the question mentions Fred being surprised of the large bill from the Inland Revenue for capital gains tax, I suppose that he has listened to Paul’s advice and sold some of his stocks and shares. Fred’s selling some of his stocks and shares and later on, receiving a large bill for capital gains tax is a direct consequence of Paul’s advice which stated that selling some shares and stocks would help Fred avoid this tax. Due to the untrue information, Fred sold his shares and stocks and still received a large bill, which caused financial losses to him The rules of breach of duty are appropriate. Breach of duty occurs when the defendant owed a duty of care and his actions were lower than the reasonable standard. Smith &Keenan (2010, p.464) state that the test of a reasonable man should be applied to individuals â€Å"who have held themselves out as possessing a particular skill†2 as to average specialist in that domain. For example, a s in Fred’s case, Paul – recommending himself as returning a small accountancy firm, which specializes in tax and other investment matters– was expected to act as an average accountant. ... In Hedley Byrne v. Heller (1963), the Court held that â€Å"the relationship between the parties was "sufficiently proximate" as to create a duty of care. It was reasonable for them to have known that the information that they had given would likely have been relied upon †¦ This would give rise to a "special relationship", in which the defendant would have to take sufficient care in giving advice to avoid negligence liability.†3 In this case, Paul’s advice, as coming from a professional was equivalent to a statement upon which the customer (in this case – Fred) would rely on. In Rowley & Ors v Secretary of State for Department of Work and Pensions (2007) the Court held that â€Å"a solicitor owes a duty of care in tort because, like any professional person, he or she voluntarily assumes responsibility towards an individual client†4, which applies to the case of Fred v. Paul. If we were to apply the test established in Caparo v Dickman (1990), it would be clear that the facts of Fred’s situation do fall within this case: 1. â€Å"The adviser was aware that the advice was required for a purpose† 5 - Paul was aware that the advice was necessary in order for Fred to fill his tax forms and avoid large bills 2. â€Å"The adviser knew that the advice was to be communicated to the advisee†6 - 3. â€Å"It was known that the advice will be acted upon by the advisee without independent injury†7- generally, such kind of professional advice is necessary in order for the person who asks for it to act upon it 4. â€Å"It was acted upon the advice† 8 - relying on Paul’s advice, Fred sold his shares and stocks. Even when applying this test, â€Å"There must be a limit to liability and no duty will be imposed unless it is just in all the circumstances.†9 According to Winfield &

Trends Affecting the Nurse as Educator Research Paper

Trends Affecting the Nurse as Educator - Research Paper Example Change is everywhere, defining not just only what we all teach, but in addition to this how we all teach our students. Transformations occurring in nursing as well as nursing education are simply driven by some socioeconomic variables, developments in health care deliveries and also professional problems unique to the nursing profession (Cerf, 1976). Shifts in the population of the United States have greatly affected the health care priorities and the practice regarding nursing. As a result of progress in public clinical and health care, the average life span is growing rapidly. It has been estimated that by the year 2020, around 20 percent of the population will have grown 65 or older. Greater life-span of people with chronic and also acute ailments will challenge medical care system's power to give useful and powerful care. High growth rate in the diversity of population affect the nature and occurrence of the illnesses and diseases that require alteration in practices which depict s diverse beliefs and attitudes. Discrepancy in mortality, morbidity, and access to care among population have improved, even when the socioeconomic and other relating factors have caused growth in violence and the drug abuse. Nursing practice, training, and study must take hold of and cater these changing demographics, and healthcare professionals must emphasize on spiritual well being, as well as the psychosocial and the physical health of the entire population (Zerwekh, 2011). The demographics of the students have also changed. Diversity of race and ethnicity in the health care and nursing schools have emerged drastically, providing a healthy and rich environment for the students to learn. Students nowadays enter nursing schools at older ages bringing with them various college and work experiences. They are either full-time workers or some of them are raising their families which limits their academic experience and requires flexibility while scheduling (Zerwekh, 2011). The radic al change in the information technology has already brought about a drastic change on the education of the nurses and the delivery of the health care. Development in the technological sector has enhanced the usage of telemedicine and telehealth that brings together the provider and the patient without the need of physical presence. The nurses of the current era should be proficient in computer technology. Easy and flexible access to the data now has an affect on how nursing research should be conducted (Zerwekh, 2011). Globalization has been caused by advancement in the commerce and international travelling, information technology and expansion of the multinational sectors. Along with the possibility of fast disease spread, there is also a possibility for drastic improvement of health because of share of knowledge between the health care systems and cultures. Science of nursing should have power to deal with medical problems like the emerging infections. Education and research of nu rsing should be more internationally focused now to get benefit from multicultural exposure (Zerwekh, 2011). This century patients are well informed who tends to take part in decisions that affect their