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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.

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.

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.

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.

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.

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

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.

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.

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.

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.”

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.

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.

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.

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.

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.”

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.

Traces the development of the principles of professional negligence especially in the 1980′s and to reappraise them in the 1990s. Illustrates with cases designed to show perceived trends and which are deemed significant to practitioners. Concludes by observing an uncomfortable hardening of the courts′ attitude towards professional negligence.

By inspecting the special connection between negligence and the causes of negligence, this study evaluates the reasonableness of negligence offenses elements from the perspectives of “modes” and “rules.” This study considers that in the core concept of negligent manslaughter in the Criminal Code of Taiwan, “business” comprises an outstretched legal element; thus, “application by analogy” or “customary laws” should be prohibited as a legal basis or when applying the criminal code because those are not allowed under nulla poena sine lege. Nulla poena sine lege must be respected to release construction professionals from material risks in their judicial rights and interests.

This study used data mining analysis with a database of 204 cases where construction professionals were involved in an accusation of gross negligence manslaughter (GNM) (N = 486) between 1995 and 2021 to explore the reasons and distribution of these cases in the construction industry in Taiwan.

The results showed that the main reasons behind lawful GNM accusations against construction professionals are as follows: (1) the violation of employers' duty of care to prevent hazards caused in workplaces where falling and collapsing are concerns during construction, thus resulting in death; (2) gross negligence during design, construction and supervision, causing damages after natural disasters such as earthquakes and typhoons.

This study discusses the whole life circle of construction, starting from planning, design, construction and completion. However, the involvement of other offenses such as providing false statements, forgery, embezzlement, unjust enrichment and fraudulent tax evasion or criminal responsibilities stipulated in the Building Act or administrative punishments are beyond the scope of this study. Future studies will focus on foreign “business GNM” cases from judicial precedents with similar backgrounds to Taiwan in the construction industry to verify whether similar conclusions can be drawn and to examine their differences.

This study applied data mining and data analysis to the data and explored potential causality and patterns of GNM cases in judicial cases. The results of the analyses can be used as evidence for potential causality and thus facilitate construction professionals' self-reflection and contribute to the sustainable development of working environments for construction.

This study agrees with the removal of GNM titled “business” in the Criminal Code of Taiwan to achieve Sustainable Development Goals (SDGs) in the building industry. By doing so, national judicial and management systems will be in line with international standards, ensuring that everyone has equal access to justice.

Goal 16 of the SDGs by the United Nations aims to promote judicial equality, peace, justice and strong institutions. With this basis, this study collected and analyzed data in the field of criminal law and applied the theory of criminal offenses committed by negligence to real construction-related cases. This study especially discusses whether construction professionals were imposed with excessive responsibilities when a court enforced the “duty of care” that asked the professionals to bear the responsibility of results for events that should be and could be foreseen.

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.

The purpose of this study is to explore the risk factors that employers consider when assessing an employee’s business travel (BT) assignment and the risk treatment, crisis response and recovery strategies they use to discharge their BT duty of care.

An exploratory approach is taken with in-depth interviews of 21 executives, travel managers and insurance brokers involved with the management of BT in four international hotel groups. In all, 12 follow-up interviews were conducted to assess the possible COVID-19 impact on BT risk management processes.

Employers assess BT assignments considering the travel’s characteristics, including the destination’s risk profile against seven types of risks (health, political, transport, natural, crime, technology and kidnap), length of stay, travel mode and activities undertaken in the destination as well as the traveler’s profile which includes diversity and travel experience. Accordingly, they develop a range of duty of care strategies for BT risk treatment, crisis response and recovery.

BT practitioners can use the proposed framework to develop risk assessment methodologies based on more accurate destination and traveler profiles and pursue targeted risk treatment strategies and insurance policies. The proposed duty of care approach can be used as a blueprint for organizations to design and manage BT policies.

BT risk is an under-researched area. The extant research looks predominantly at travel risks and their assessment taking the traveler’s perspective. This study looks at business travel risk and explores it from an employer’s risk management perspective offering a BT risk assessment framework and a BT duty of care plan.

In an earlier contribution to this journal, the author sought to analyse the legal implications of the recent decision by the liquidators of the Bank of Commerce and Credit International (BCCI), Touche Ross, to issue writs against the Bank of England claiming damages on behalf of a small, representative number of depositors. This paper will seek to complement that analysis by examining the legal implications of a parallel decision by the liquidators of BCCI to issue writs against the auditors of BCCI, Price Waterhouse and Ernst & Young, the joint auditors of BCCI until 1987. These writs allege that the audited accounts would have indicated that BCCI was in trouble and that, as a result, a duty of care was owed to existing depositors and to potential investors. An examination of the case law on the range of duties owed by auditors in carrying out their statutory functions will conclude that the potential actions against Price Waterhouse and Ernst & Young are unlikely to succeed.