Question A) Tort and quasi tort is found in chapter 16 of the civil code of Malta deals with damages. The various articles relating to damages include: - 1029 – if something were to occur due to an event beyond anyone’s control, the damage will have to be borne by the aggrieved party - 1031 - if damage is done through own fault, that person is liable to damage. - 1032 - parties shall be at fault if that person does not act in a diligent, prudent and attentive manner. If this is not the case, the person is not liable an objective test is done by comparing the person in question to a model. The subjective test is more based on factors such are things which are not disclosed and utmost good faith. - 1033 – A person who acts in a negligent manner …show more content…
An example of an insurance cover that is claims made is professional indemnity. Advantages - Usually the policy covers a specific period and so it is not difficult to identify that period. - There is the possibility that there is an ongoing relationship between the parties and this can help facilitate claims handling - The persons that have dealt with policy negotiations are most likely still around to clarift any uncertainties in the insurance cover. - Since the policy is renewed annually, there is the possibility that the policy is upgraded in the terms of policy coverage and also limits. This is to satisfy the ongoing needs of the insured which may vary from ear to year. There can be legal requirements that can influence these …show more content…
Health and safety regulations are there so that the risks of physical injury or sickness, death or disease are reduced. In other words health and safety rules are there to give a safer environment to all people involved. When one says safe environment one means a place where sickness that arise from dust particles, chemical substance and operational activity are kept to a very minimal, a place where dangers that might cause bodily harm are reduced and a place which protects the involved parties against conditions such as mental
6.8. Client and Broadspire agree to the following terms for Arkansas insured workers’ compensation claims; (i) Broadspire is acting on behalf of the insurer for the payment of claims both within and in excess of the deductible; (ii) Broadspire shall periodically provide accurate and timely data to the Client’s Arkansas workers’ compensation insurance carrier (“Carrier”) on all claims paid from “first dollar”; (iii) the Carrier shall immediately replenish the Loss Fund Account if it is not replenished timely by the Client and shall bill the Client for such amount; and if the Loss Fund Account is funded by the Client, Broadspire must notify injured workers that the claim is being adjusted and will be paid on behalf of the Carrier; (iv) the
HSE- Health and Safety Executive • It is the body responsible for the encouragement, regulation and enforcement of workplace health, safety and welfare. • It exists as an independent regulatory act and is in the public interest to reduce work related death serious injury across Britain’s workplace. • Effects all employed in Britain from major injuries. •
Some people are at a ton of risk, such as being old or having a history of poor health. These people in poor health are more expensive to cover simply because they hold more risk for the insurance company as they require more
Task 2 7 / C.P6: Compare the influence of different health and safety laws or policies on health and social care practice in a selected setting There are several different health and safety laws and policies that vary between settings in health and social care aimed towards different legislations that must be followed, and have resulted in improvements in health and social care practice. It is important that these legislations are followed by service providers in order for them to promote safe practice and to fully understand their responsibilities under these legislations. Some of the legislations include the Health and Safety at Work Act etc 1974, the Data Protection Act 1998, the Care Act 2014, the Care Standards Act 2000 and the Equality Act 2010.
As a service we have to comply with these regulations and by having regular meetings such as health and safety, infection control, checks being carried out such as fire compliance, having designated first aiders, file audits, medication audits, live staff observations and regular supervisions to not only provide support to staff and identify any training or support needs but also to highlight any areas that are of concern that could have a detrimental impact on our service
The responsibilities of an employer and employee under health and safety legislation, was founded in 1974. Act 1974 is a law made to secure the health, safety, wellbeing of people at work and to prevent unnecessary risks. An employer’s responsibilities under health and safety legislation, requires the employer to be responsible for the health and safety of any person in their premises, which includes employees, customers, suppliers and the public. Employers should hire a certified person in charge of health and safety, however in small businesses that person is usually the owner or a trusted member of staff.
You Will Be The Judge Facts: The case involves a 12 year old child named Griffin Grimbly who told the teacher that he was beaten with a clothesline by his father Mr.Gimli. In court, the Mr.Gimli argued that he was devoted to Christian and was following the Biblical injunction on child rearing, “Spare the rod and spoil the child”, as well as arguing that s 43 of the criminal code gives parents the right to use “reasonable force” in disciplining their children. Issue: Is Mr. Grimbly is guilty of or not guilty of assault ? Held: Mr.Grimbly is guilty of assault.
Its aim is to reduce work-related death, injury and ill health in all workplaces across the UK. The Health and Safety Executive (HSE) is the enforcement body for health and safety in schools. This means that its inspectors are entitled to offer schools information and advice, warn them that they are failing to comply with the law, serve prohibition or improvement notices and prosecute. Schools are required to comply with the Health and Safety Act 1974.
Therefore, mike caused further harm to Julian. For the court to allow David to recover against Julian’s dad, on what tort theory will David’s attorney rely? Punitive damages are awarded only for intentional torts, when the court determines that the tortfeasor deserves an additional punishment beyond just compensating the plaintiff for the harm done to him or her. Therefore, David’s attorney will rely on intentional torts to
General bodies, such as the Health and Safety Executive . School-specific regulatory bodies The Health and Safety Executive (HSE) is a UK government body which works with schools and educational establishments to prevent death, injury and ill health to those at the school, the HSE minimize the potential risks of the school by ensuring there are policies in place so that children can learn in a safe environment. The school has overall responsibility for health and safety including different members of staff
The Health and Safety at Work Act 1974 is one of the most popular legislations found in a health and social care setting. HASAWA 1974 or otherwise known as the Health and Safety at Work Act 1974 is a legislation that applies to Great Britain as well as Scotland, Wales and Northern Ireland
HEALTH AND SAFETY IN THE WORKPLACE TASK 1.1: A few acts that would be applicable to an Engineering company that performs Sheet Metal Work and Fabrication and Welding could be: - Health and Safety at Work Act 1974 - Personal Protective Equipment at Work Regulations 1992 - Provision and Use of Work Equipment Regulations 1998 Health and Safety at Work Act 1974 This Act was made to secure the health, safety and welfare of people at work. It was also made to protect people other than people at work against the risk to health or safety from or in connection to what people do at work. The Health and Safety at Work Act 1974 was also used to control the use of explosive or flammable or otherwise dangerous substances and prevent having or acquiring
Health and Safety at Work Act 1974 These Act inform practices that all staff the responsibility to keep themselves and other around them safe through their actions at work and they must to report any health and safety problems. Also, all staff must to follow policies and procedure when hand handing equipment and they should to work in way that puts other around them in danger. Control of substances and Hazardous to Health Regulations 1992 These regulations inform practices that cleaning materials must to be kept in a locked cupboard. Also, these regulation state that disposable gloves and aprons must to be provided for cleaning and handing chemicals.
Insuring your family in case of an accident or illness is the best thing you can do. This is also true for your four-legged family members. Choosing the best pet insurance plan can give you peace of mind and also cut veterinary costs significantly. If you’re thinking of getting pet insurance for cats or dogs, you’re on the right track.
Regulatory bodies are set up to monitor schools and provide guidance to them when requested to ensure that the law is upheld at all times. The Health and Safety Executive (HSE) is a body that monitors the legislative framework set out by all organisations. These consist from industrial companies to businesses to educational based organisations. The Health and Safety at work Act 1974 requires schools to comply with all health and safety law.