|
Duty
A duty (from "due" meaning "that which is owing"; fro, deu, did, past participle of ''devoir''; la, debere, debitum, whence "debt") is a commitment or expectation to perform some action in general or if certain circumstances arise. A duty may arise from a system of ethics or morality, especially in an honor culture. Many duties are created by law, sometimes including a codified punishment or liability for non-performance. Performing one's duty may require some sacrifice of self-interest. Cicero, an early Roman philosopher who discusses duty in his work “On Duty", suggests that duties can come from four different sources: # as a result of being a human # as a result of one's particular place in life (one's family, one's country, one's job) # as a result of one's character # as a result of one's own moral expectations for oneself The specific duties imposed by law or culture vary considerably, depending on jurisdiction, religion, and social normalities. Civic duty Duty is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fiduciary Duties
A fiduciary is a person who holds a legal or ethical relationship of trust with one or more other parties (person or group of persons). Typically, a fiduciary prudently takes care of money or other assets for another person. One party, for example, a corporate trust company or the trust department of a bank, acts in a fiduciary capacity to another party, who, for example, has entrusted funds to the fiduciary for safekeeping or investment. Likewise, financial advisers, financial planners, and asset managers, including managers of pension plans, endowments, and other tax-exempt assets, are considered fiduciaries under applicable statutes and laws. In a fiduciary relationship, one person, in a position of vulnerability, justifiably vests confidence, good faith, reliance, and trust in another whose aid, advice, or protection is sought in some matter... In such a relation, good conscience requires the fiduciary to act at all times for the sole benefit and interest of the one who trusts ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duty Of Care
In tort law, a duty of care is a legal obligation that is imposed on an individual, requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. The claimant must be able to show a duty of care imposed by law that the defendant has breached. In turn, breaching a duty may subject an individual to liability. The duty of care may be imposed ''by operation of law'' between individuals who have no ''current'' direct relationship (familial or contractual or otherwise) but eventually become related in some manner, as defined by common law (meaning case law). Duty of care may be considered a formalisation of the social contract, the implicit responsibilities held by individuals towards others within society. It is not a requirement that a duty of care be defined by law, though it will often develop through the jurisprudence of common law. Dev ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duty To Rescue
A duty to rescue is a concept in tort law that arises in a number of cases, describing a circumstance in which a party can be held liable for failing to come to the rescue of another party who could face potential injury or death without being rescued. In common law systems, it is rarely formalized in statutes which would bring the penalty of law down upon those who fail to rescue. This does not necessarily obviate a moral duty to rescue: though law is binding and carries government-authorized sanctions and awarded civil penalties, there are also separate ethical arguments for a duty to rescue even where law does not punish failure to rescue. Common law system In the common law of most English-speaking countries, there is no general duty to come to the rescue of another. Generally, a person cannot be held liable for doing nothing while another person is in peril. However, such a duty may arise in two situations: * A duty to rescue arises where a person creates a hazardous situ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duty Of Revolution
In political philosophy, the right of revolution (or right of rebellion) is the right or duty of a people to "alter or abolish" a government that acts against their common interests or threatens the safety of the people without cause. Stated throughout history in one form or another, the belief in this right has been used to justify various revolutions, including the American Revolution, French Revolution, the Russian Revolution, and the Iranian Revolution. History Early examples Ancient China To justify their overthrowing of the earlier Shang Dynasty, the kings of the Zhou Dynasty (1122–256 BCE) of China promulgated the concept known as the Mandate of Heaven, that Heaven would bless the authority of a just ruler, but would be displeased and withdraw its mandate from a despotic ruler. The Mandate of Heaven would then transfer to those who would rule best. Chinese historians interpreted a successful revolt as evidence that the Mandate of Heaven had passed on. Throughout Chine ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duty To Warn
A duty to warn is a concept that arises in the law of torts in a number of circumstances, indicating that a party will be held liable for injuries caused to another, where the party had the opportunity to warn the other of a hazard and failed to do so. History Two landmark legal cases established therapists' legal obligations to breach confidentiality if they believe a client poses a risk to himself or others. The first one was ''Tarasoff v. Regents of the University of California'' where a therapist failed to inform a young woman and her parents of specific death threats made by a client. The other case was '' Jablonski by Pahls v. United States'' which further extended the responsibilities of duty to warn by including the review of previous records that might include a history of violent behavior. Product liability The duty to warn arises in product liability cases, as manufacturers can be held liable for injuries caused by their products if the product causes an injury ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duty Of Candour
In UK public law, the duty of candour is the duty imposed on a public authority 'not to seek to win litigation at all costs but to assist the court in reaching the correct result and thereby to improve standards in public administration'. Lord Donaldson MR in ''R v Lancashire County Council ex p. Huddleston'' stated that public servants should be willing 'to explain fully what has occurred and why'. There is also a contractual duty of candour imposed on all NHS and non-NHS providers of services to NHS patients in the UK to 'provide to the service user and any other relevant person all necessary support and all relevant information' in the event that a 'reportable patient safety incident' occurs. A 'reportable patient safety incident' is one which could have or did result in moderate or severe harm or death. Campaigner Will Powell led a campaign for NHS managers and doctors to have a formal 'duty of candour' when dealing with complaints about negligent or poor standards of ca ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duty To Protect
In medical law and medical ethics, the duty to protect is the responsibility of a mental health professional to protect patients and others from foreseeable harm. If a client makes statements that suggest suicidal or homicidal ideation, the clinician has the responsibility to take steps to warn potential victims, and if necessary, initiate involuntary commitment. The majority of people have, at some stage, had thoughts about killing someone. United States The duty to protect was established by '' Tarasoff v. Regents of the University of California'', which has been widely adopted by other states. This case determined that the clinician has the duty to warn an identifiable victim. '' Ewing v. Goldstein'' extended the duty to protect to include acting upon the statements of third parties that indicate possible threat, and determined that it was not sufficiently discharged by initiating involuntary commitment; warning identifiable victims is also necessary. United Kingdom Selw ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dereliction Of Duty
Dereliction of duty is a specific offense under United States Code Title 10, Section 892, Article 92 and applies to all branches of the US military. A service member who is derelict has willfully refused to perform his duties (or follow a given order) or has incapacitated himself in such a way that he ''cannot'' perform his duties. Such incapacitation includes the person falling asleep while on duty requiring wakefulness, his getting drunk or otherwise intoxicated and consequently being unable to perform his duties, shooting himself and thus being unable to perform any duty, or his vacating his post contrary to regulations. Details In the U.S. Uniform Code of Military Justice (UCMJ), dereliction of duty is addressed within the regulations governing the failure to obey an order or regulation. Punishment can include sanctions up to and including the death penalty (in times of war). Outside of wartime, the maximum punishment allowed is a Dishonorable discharge, forfeiture of al ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duty To Defend
The duty to defend is a contractual indemnitor or liability insurer's duty to defend the insured or indemnified party against claims. It is generally broader than the duty to indemnify and may cover defense against claims where ultimately no damage is awarded, and possibly even against claims that would not be covered by the duty to indemnify. It covers both civil suits and alternative dispute resolution procedures. In American courts disputes regarding the application of the duty to defend are generally resolved in the insured's favor. Under California's Civil Code A civil code is a codification of private law relating to property, family, and obligations. A jurisdiction that has a civil code generally also has a code of civil procedure. In some jurisdictions with a civil code, a number of the core are ..., in the interpretation of a contract of indemnity, "an indemnity against claims, or demands, or liability, expressly, or in other equivalent terms, embraces the costs o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ethics
Ethics or moral philosophy is a branch of philosophy that "involves systematizing, defending, and recommending concepts of right and wrong behavior".''Internet Encyclopedia of Philosophy'' The field of ethics, along with aesthetics, concerns matters of value; these fields comprise the branch of philosophy called axiology. Ethics seeks to resolve questions of human morality by defining concepts such as good and evil, right and wrong, virtue and vice, justice and crime. As a field of intellectual inquiry, moral philosophy is related to the fields of moral psychology, descriptive ethics, and value theory. Three major areas of study within ethics recognized today are: # Meta-ethics, concerning the theoretical meaning and reference of moral propositions, and how their truth values (if any) can be determined; # Normative ethics, concerning the practical means of determining a moral course of action; # Applied ethics, concerning what a person is obligated (or per ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Liability
In law, liable means "responsible or answerable in law; legally obligated". Legal liability concerns both civil law and criminal law and can arise from various areas of law, such as contracts, torts, taxes, or fines given by government agencies. The claimant is the one who seeks to establish, or prove, liability. Theories of liability Claimants can prove liability through a myriad of different theories, known as theories of liability. Which theories of liability are available in a given case depends on nature of the law in question. For example, in case involving a contractual dispute, one available theory of liability is breach of contract; or in the tort context, negligence, negligence per se, respondeat superior, vicarious liability, strict liability, or intentional conduct are all valid theories of liability. Each theory of liability has certain conditions, or elements, that must be proven by the claimant before liability will be established. For example, the theo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duty To Vote
Compulsory voting, also called mandatory voting, is the requirement in some countries that eligible citizens register and vote in elections. Penalties might be imposed on those who fail to do so without a valid reason. According to the CIA World Factbook, 21 countries, including 10 Latin American countries, officially had compulsory voting as of December 2021, with a number of those countries not enforcing it. Choosing a party to vote for is not obligatory, as blank votes can be cast, and are counted. During the first two decades of the 21st century, compulsory voting was introduced in Samoa and Bulgaria, while Chile, Cyprus, the Dominican Republic, Fiji and Paraguay repealed it. In 2022 Chile reintroduced it. Technically, compulsory voting is a practice that only requires citizens to attend a polling place to get their name crossed off the electoral roll. Because of the secret ballot, people can only be compelled to cast ballots, whether they choose to vote or not. History Ant ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
