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Article
Publication date: 1 November 2001

Karen McKenzie, Edith Matheson, Donna Paxton, George Murray and Kerry McKaskie

This study used vignettes to examine the understanding and application of the concept of duty of care by health and social care staff working in learning disability…

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Abstract

This study used vignettes to examine the understanding and application of the concept of duty of care by health and social care staff working in learning disability services, and the relationship of this to promoting client choice. The study found that health care staff had a significantly broader understanding of the concept of duty of care than social care staff, and were significantly more likely to emphasise client safety. Implications of the findings are discussed.

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The Journal of Adult Protection, vol. 3 no. 4
Type: Research Article
ISSN: 1466-8203

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Article
Publication date: 1 January 1989

J.R. Carby‐Hall

One of the common law duties owed by the employer is his duty to take reasonable care for the safety of his employee. This common law duty is an implied term in the…

Abstract

One of the common law duties owed by the employer is his duty to take reasonable care for the safety of his employee. This common law duty is an implied term in the contract of employment and is therefore contractual in nature. Because of the difficulties which may arise in bringing an action in contract for breach of the employer's duty of care, the employee who has sustained injuries during the course of his employment (although he may sue either in contract of tort will normally bring a tort action.

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Managerial Law, vol. 31 no. 1/2
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 1 January 1990

Anthony Lavers and Alistair MacFarquhar

Explores judicial attitudes in professional negligence casesaffecting liability for property investment advice. Focuses on thestandard of work required to discharge the…

Abstract

Explores judicial attitudes in professional negligence cases affecting liability for property investment advice. Focuses on the standard of work required to discharge the legal duty of care and on apparent contradictions in approach by the courts. Reviews a series of cases which are taken to exhibit traditional attitudes to professional liability and studies modern cases which are irreconcilable with those attitudes. Includes liability to third party mortgagors and to third party mortgagees in an analysis of the duty of care, and considers the implications of the perceived expansion of the advisor′s professional duties, which include potential conflicts of interest and the dichotomy between the standards current among professionally qualified and unqualified practitioners. Suggests that judicial attitudes are influential in shaping the practice of property investment advice, but that this intervention is fraught with difficulties as it creates uncertainty among professional advisors about the nature of the tasks undertaken.

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Journal of Valuation, vol. 8 no. 1
Type: Research Article
ISSN: 0263-7480

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Article
Publication date: 7 August 2017

Ilan Kelman

The purpose of this paper is to present a first exploration of governmental duty of care towards scientists involved in science diplomacy by focusing on disaster research.

Abstract

Purpose

The purpose of this paper is to present a first exploration of governmental duty of care towards scientists involved in science diplomacy by focusing on disaster research.

Design/methodology/approach

The method is a conceptual exploration, using specific case studies and potential scenarios within theories and practices of science diplomacy and duty of care, to raise questions and to suggest policy recommendations for government. The focus on disaster research links the analysis to disaster diplomacy, namely, how and why disaster-related activities (in this case, science) do and do not influence peace and conflict.

Findings

From examining case studies of, and outputs and outcomes from, disaster-related science diplomacy, governments need to consider duty of care issues in advance and develop a science diplomacy strategy, rather than responding after the fact or developing policy ad hoc.

Practical implications

Policy recommendations are provided to try to ensure that governments avoid simply reacting after a crisis, instead being ready for a situation before it arises and drawing on others’ experience to improve their own actions.

Social implications

Improved interaction between science and society is discussed in the context of diplomacy, especially for disaster-related activities.

Originality/value

Governmental duty of care has not before been applied to science diplomacy. The focus on disaster-related science further provides a comparatively new dimension for science diplomacy.

Details

Disaster Prevention and Management: An International Journal, vol. 26 no. 4
Type: Research Article
ISSN: 0965-3562

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Article
Publication date: 14 December 2015

Robert Lawrence Quigley, Lisbeth Claus and Ashley Nixon

The increase in prevalence of behavioral health issues among college and university students is burdening the scholastic sector both domestically and internationally. More…

Abstract

Purpose

The increase in prevalence of behavioral health issues among college and university students is burdening the scholastic sector both domestically and internationally. More American students participate in study abroad programs than ever before. These provide educational institutions with additional duty of care challenges and responsibilities especially when it comes to their health status while studying or working abroad. The requests for assistance to an assistance service provider of students from US universities studying abroad were compared to international assignees from US employers in terms of closing diagnoses and case outcome types. The purpose of this paper is to indicate that there are differences in diagnoses and case outcomes between students studying abroad and employees working abroad. Students are more likely than international assignees to be diagnosed with behavioral health issues, to be referred to a health provider (rather than being treated through in-patient care) and to be evacuated or repatriated. It is recommended that US universities change their duty of care practice from the “inform and prepare” to a higher level benchmark, commonly practiced in the US corporate sector, of “assess, assist and protect.”

Design/methodology/approach

US employers and universities often contract with a service provider for international travel assistance for their traveling employees/students. The sample consisted of case records of a large assistance service provider based on request for assistance (RFAs) by international assignees and students from its different US client organizations (US employers and universities) over a 24-month period (January 1, 2010 to December 31, 2011), with all client travel originating in the USA and traveling abroad. A two-year framework was used to include a larger sample of short- and long-term international assignees. The individual requesting assistance (student or international assignee) was the primary unit of analysis. The multiple case records can be viewed as a “case study” of an assistance provider (Yin, 2014). According to Yin’s case study design typology, this research used a single case (embedded) design. It is a single case study of client records from a global assistance provider of medical and security services for international travelers. The case study was embedded because it involved more than one unit of analysis. The case study included 17,071 records from two different subunits: 831 students studying abroad from 82 US universities and 16,240 US international assignees working for 889 US employers requesting assistance for health-related issues from the global service provider. The US client organizations included universities with study abroad programs and employers of different sizes and industries who have global mobility programs.

Findings

The hypotheses related to different diagnoses and outcomes based on RFAs while working or studying internationally were confirmed in spite of the fact the age and gender (important antecedents of morbidity) were controlled. Compared to international assignees, students are more likely to be diagnosed with behavioral health issues, more likely to be referred to a health provider (rather than being treated) and more likely to be evacuated/repatriated. This not only shows the importance of behavioral issues among students while studying abroad but also indicates that the corporate organizational support structures for international assignees are different than those universities provide to students.

Research limitations/implications

This study assessed how RFAs by students studying abroad differed from international assignees working in corporate organizations. With this type of case study, the mode of generalization is “analytic” rather than “statistical.” In analytic generalization, the empirical results of the case study are compared to a previously developed theory (Yin, 2004, p. 38). As a result, the authors are striving to generalize the particular empirical results of students and international assignees to the broader institutional theory.

Practical implications

The research has implications for further research. First, these results can be replicated with other samples of students studying abroad. If replications result in similar findings, indicating that students have increased risk of being diagnosed with behavioral health conditions, this finding can be probed for a better understanding of both process and outcome. For instance, future research can delineate the specific behavioral health diagnoses the students are receiving, which can have important implications for behavioral health care providers, educational duty of care considerations, as well as direct future research in this area. An additional area of critical importance for future research will be elucidating the students’ systemic experience of increased stress associated by studying abroad, the subsequent psychological and physiological responses, as well as how students are impacted by this stress. There are also some systemic stresses that are unique to the study/work abroad context. Many of the administrative requirements (such as required paperwork for travel, visas, travel scholarships, funding, vaccinations, health care, etc.) are taken care of for international assignees by their employers through the global mobility division. They are not necessarily done by universities for their students. Students are largely responsible for these themselves although with some guidance through the study abroad program staff. Researchers can also examine how cultural adjustment models apply to students studying abroad. For instance, how might changes in anticipatory adjustment impact student development of behavioral health conditions, including both individual factors such as pre-travel training, as well as organizational factors such as selection systems designed to identify those that could need additional behavioral health support while they are abroad. Likewise, in-country adjustment can also be evaluated in future research to identify individual, organizational and cultural aspects that could be associated with increased behavioral health diagnoses in students. Such research can shed more light on this understudied population, illuminating the steps that university can take, with regard to duty of care concerns, to ensure students have safe and beneficial experiences abroad.

Social implications

The population of corporate international assignees is emotionally more mature and more experienced in world travel and therefore more likely to be adaptable to the challenges of traveling and living abroad than the study abroad population of students. As more students enroll in study abroad programs, the absence of an infrastructure to support behavioral health issues at the time of enrollment, while on-site and upon return will only result in more exposure for both students and educational institutions. E-learning tools, and even anonymous student self-exams can assist in determining fitness for study abroad. Simultaneously, colleges and universities must educate their local and distant faculty/team leaders, host institutions as well as other students to recognize and react appropriately to a behavioral health crisis. Adherence to such a strategy will certainly help to mitigate the risk of a failed study abroad experience. Although this study is limited to US students traveling overseas, behavioral health is an issue with students globally. American institutions hosting foreign students should, therefore, re-evaluate their existing domestic resources to accommodate the psychological needs of their visiting international students. It is the authors recommendation that, prior to travel, students should develop greater self-awareness, with or without the assistance of a professional. Implementing these recommendations will move university duty of care practice from the “inform and prepare” to a higher level benchmark, commonly practiced in the corporate sector, of “assess, assist and protect.”

Originality/value

With regard to case outcomes, students had lower odds of experiencing severe outcomes, such as in- and out-patient care, than international assignees. Similarly, students had lower odds of being evacuated or repatriated than international assignees.

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Journal of Global Mobility, vol. 3 no. 4
Type: Research Article
ISSN: 2049-8799

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Article
Publication date: 1 June 2002

Geoffrey P. Lantos

This commentary questions commonly held assumptions about corporate social responsibility (CSR). It discusses the morality of altruistic CSR – philanthropic CSR activities…

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Abstract

This commentary questions commonly held assumptions about corporate social responsibility (CSR). It discusses the morality of altruistic CSR – philanthropic CSR activities that are not necessarily beneficial to the firm’s financial position. Evaluating altruistic CSR from all major ethical perspectives – utilitarianism, rights, justice and care – leads to the conclusion that, for publicly held corporations, such activity is immoral. This is because altruistic CSR violates shareholder property rights, unjustly seizing stockholder wealth, and it bestows benefits for the general welfare at the expense of those for whom the firm should care in close relationships. The paper also determines that what are often considered mandatory ethical and social corporate duties are actually optional activities that should only be undertaken when it appears that they can enhance the value of the firm, i.e. when they are used as strategic CSR. However, using ideas taken from secular and Judaeo‐Christian authors on the meaning of work, the article also concludes that altruistic activities are appropriate and commendable for private firms and individuals. It offers suggestions for practitioners of CSR and for future academic research.

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Journal of Consumer Marketing, vol. 19 no. 3
Type: Research Article
ISSN: 0736-3761

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Book part
Publication date: 9 November 2006

Robert Baker

Karl Marx could only pen the memorable line, “the history of all hitherto existing society is the history of class struggles” because he was heir to the sanitary and…

Abstract

Karl Marx could only pen the memorable line, “the history of all hitherto existing society is the history of class struggles” because he was heir to the sanitary and public health reforms of the nineteenth century (Marx [1848] 1972, p. 335). The Black Death, which had wiped out much of fourteenth-century Florence and which had regularly decimated sixteenth- and seventeenth-century London, was now but a faint memory. Yet had a historian of some earlier period of European history thought to pen a line as presumptuous as Marx's, it might have read: “the history of all hitherto existing society is the history of struggle with plague or pestilence.” Epidemics and pandemics have haunted human societies from their beginnings. The congregation of large masses of humans in urban settings, in fact, made the evolution of human infectious disease microorganisms biologically possible (McNeill, 1976; Porter, 1997, pp. 22–25). Epidemics have been as determinative of the course of economic, social, military and political history as any other single factor – emptying cities, decimating armies, wiping out generations and destroying civilizations.

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Ethics and Epidemics
Type: Book
ISBN: 978-1-84950-412-6

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Article
Publication date: 1 January 1984

J.R. Carby‐Hall

In the first two sections the author discusses and analyses the1 terms of employment implied at common law. Then the implied common law duties of the employer towards his…

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Abstract

In the first two sections the author discusses and analyses the1 terms of employment implied at common law. Then the implied common law duties of the employer towards his or her employee and the employee towards his or her employer are discussed. Custom, practice and works rules as sources of terms of the contract of employment are then considered.

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Managerial Law, vol. 26 no. 1
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 1 January 1978

The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the…

Abstract

The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act (which has been amended by the Sex Discrimination Act 1975) provides:

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Managerial Law, vol. 21 no. 1
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 1 November 2000

Carl Pacini, William Hillison and David Sinason

Examines the legal environment of the UK, Canada, Australia, New Zealand and the USA with respect to auditor liability. Provides an understanding of the legal risks to…

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Abstract

Examines the legal environment of the UK, Canada, Australia, New Zealand and the USA with respect to auditor liability. Provides an understanding of the legal risks to accountants associated with third‐party uses of audited financial statements by contrasting accounting liability for negligent misrepresentation in various US settings with those of the four other nations. Liability pressure has been very acute and litigation in the five countries has increased. Evidence supports a trend towards limiting third‐party liability to accountants.

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Managerial Auditing Journal, vol. 15 no. 8
Type: Research Article
ISSN: 0268-6902

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1 – 10 of over 24000