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Topic: Legal duty

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	KELN.org--The Duty of Care Adult Children Owe Their Elderly Parents, Aging, Elder Law Research, Legal, Financial, ... (Site not responding. Last check: 2007-09-09)
		The moral and ethical arguments for and against a duty to support indigent parents are the same for a duty to care, generally.
		The basic principles of criminal omissions and legal duties, and the theories why they should or should not exist is a necessary prelude to this bibliography, which seeks to lend insight on the specific duty adult children have to care for their elderly parents.
		A legal duty of care may be established through regular or frequent care by a relative of the elderly person.
	www.neln.org /bibs/maker.html (4884 words)

	State v. Kuntz
		Furthermore, the duty does not arise unless the spouse “unintentionally entered a helpless state,” or was otherwise incompetent to summon medical aid on his or her own behalf.
		Our analysis of this issue is narrowed to whether the legal duty to summon aid, based on the defendant’s personal relationship or creation of peril, extends into circumstances where the defendant’s alleged use of justifiable force places his or her aggressor in need of medical attention.
		Finally, we conclude that the duty to summon aid may in fact be “revived”…but only after the victim of the aggressor has fully exercised her right to seek and secure safety from personal harm.
	www.soc.umn.edu /~samaha/cases/state_v_kuntz_omission.htm (2548 words)

	134 Wn.2d 468, SCHOOLEY v. PINCH'S DELI MARKET
		The scope of a legal duty owed to a negligence claimant is defined by the concept of foreseeability.
		Legal causation in a negligence action is not necessarily established by a determination that the plaintiff was foreseeably put at risk by the defendant's breach of a legal duty.
		The duty is not onerous, all the vendor has to do is ask the purchaser for valid identification in order to verify that he or she is of legal age to purchase alcohol.
	www.mrsc.org /mc/courts/supreme/134wn2d/134wn2d0468.htm (6905 words)

	AMA (Legal Issues) Patient Confidentiality
		In essence, the physician's duty to maintain confidentiality means that a physician may not disclose any medical information revealed by a patient or discovered by a physician in connection with the treatment of a patient.
		Moreover, maintaining patient confidentiality is a legal duty as well as an ethical duty.
		The legal basis for imposing liability for a breach of confidentiality is more extensive than ethical guidelines, which dictate the morally right thing to do.
	www.ama-assn.org /ama/pub/category/4610.html (1483 words)

	Legal Obligation and Authority
		A requirement that “a will must be signed” generally imposes no duty — not a duty to make a will, and not even a duty to have it signed if you do — it sets conditions in the absence of which the document simply does not count as a valid will.
		Thus, a legal right is an interest that warrants holding others under an obligation to protect it, a legal power is the ability to create or modify obligations, and so forth.
		The theory does not assume that all legal obligations actually are binding from the moral point of view, but it does suppose that the legal system puts them forth as if they were — a consequence that some have doubted.
	plato.stanford.edu /entries/legal-obligation (6837 words)

	Illinois Personal Injury Defense Law: Medical & Professional Malpractice
		A breach of the duty owed to a patient in a medical malpractice situation results if the doctor injures his or her patient by using less skill and care than a reasonably competent doctor would use in diagnosing or treating the same condition.
		A legal malpractice lawsuit also has four elements that parallel the elements of a medical malpractice actionexistence of an attorney-client relationship, breach of the duty owed to the client, injury to the client, and causation between the lawyer's actions and the harm to the client.
		As part of this fiduciary duty, a lawyer has an obligation to disclose any conflicts of interest that might impair his or her loyalty to the client or any personal constraints that might affect his or her ability to represent the client.
	www.weblocator.com /attorney/il/law/pidefprofmal.html (4359 words)

	Coastal Florida PBA Legal Services (Site not responding. Last check: 2007-09-09)
		If you are involved in a duty-related shooting incident, an on-duty vehicle crash or other accident which results in a serious injury to another person, Florida PBA will provide an attorney "on-scene" to assist in any internal, criminal investigation or questioning about the incident.
		If you are sued civilly, subject to a grand jury investigation, or criminal action for an incident arising out of and within the scope of your law enforcement duties, the Florida PBA will provide an attorney to represent you and cover the costs of defending the case against you.
		We provide access to a legal duty officer, 24 hours a day, seven days a week, to respond to your emergency, duty-related legal needs.
	www.cfpba.us /pba/general/legalservices.asp (314 words)

	Thai Folktale and Legal Reasoning
		The adopted children have a duty to maintain and care for their adoptive parents, that is the boys have a duty to maintain and look after them and not desert them.
		It is true that the duty to look after the adoptive parents is also a moral duty, and that duty is upheld by law.
		The cases of conscientious objection were the conflicts between the moral duties held by conscience and the legal duties Imposed by the society.
	www.thailawforum.com /articles/moralduty2.html (1662 words)

	Florida Personal Injury Defense Law: Medical & Professional Malpractice
		An affirmative defense is a legal argument in which the defendant admits the existence of all required elements, but argues that his or her actions should be excused nonetheless.
		The Good Samaritan Law imposes no duty on a civilian to provide aid to an injured person; however, once a person voluntarily assists someone, he or she becomes liable for any injury that results from the failure to act as an ordinary reasonably prudent person would have acted under the same or similar circumstances.
		A legal malpractice lawsuit generally has four elements--existence of an attorney-client relationship, breach of the duty owed to the client, injury to the client, and causation between the lawyer's actions and the harm to the client.
	www.weblocator.com /attorney/fl/law/pidefmal.html (4403 words)

	Duty
		Duty concerns whether a person has a legal obligation to act, and a corresponding legal liability for failing to act, in a particular circumstance.
		Where an individual breaches a legal duty and thereby causes an occurrence that is within the class of foreseeable hazards that the duty exists to prevent, the individual may be held liable, even though the harm may have been brought about in an unexpected way.
		A person who is under no duty to care for or render service to another but who voluntarily assumes such a duty, is liable to the other for injury caused by a failure to exercise ordinary or reasonable care in the performance of that assumed duty.
	www.west.net /~smith/duty.htm (1608 words)

	Hull vs. Oldham
		Legal responsibilities are not the same as moral or ethical rules; what you know to be the "right" thing to do may not, as here, be a legal obligation.
		Your legal duty is to protect and serve the general public by enforcing the law, arresting lawbreakers, and preventing crime.
		You are under no legal duty to protect any individual unless you enter into a special relationship with that person, or make them a specific promise of protection.
	www.jus.state.nc.us /NCJA/legmar95.htm (1277 words)

	LawKT.com: Law Firm Publications on Legal Duty
		Her primary duty was to provide medical care, treatment and advice to the Times employees, and it was her responsibility to examine employees claims for Workers Compensation benefits.
		The employer would “have a duty to monitor e-mail posting to ensure that employees are not harassing one another.” Once the employer knows or should know of harassing behavior at a virtual workplace, the employer has a legal duty to remedy the harassment and would be liable if it fails to do so.
		Legal ramifications of noncompliance are not addressed V. Implies that vendors are not responsible for inconsistent date-handling of other IT the agency may be using or acquiring (known as concurrent IT) VI.
	www.lawkt.com /pubs/Legal_Duty.html (12547 words)

	Ponds and Legal Liability in Ohio
		Ohio law places a legal duty upon landowners (or possessors of property who may be tenants) to prevent harm to property visitors.
		Once we've identified the landowner's duty of care by determining why a person is on the property, we must analyze whether the landowner has met his duty of care by protecting the visitor from dangerous conditions on the property.
		While a pond owner might not have a duty to protect a child from the pond itself, he would have a duty to protect the child from artificial conditions in or around the pond that pose a hidden or unusual danger.
	ohioline.osu.edu /als-fact/1006.html (2407 words)

	Legal Duty/Modification (con't)
		It goes beyond the observable legal damages that may come out of their contract, perhaps by angering the Navy they would cost themselves many future contracts.
		Legal-duty rule: The performance of a legal duty cannot be consideration.
		Sugarhouse is bound to the promise because Anderson limited his legal right to bankrupt himself and avoid the debt.
	www.nvo.com /mikelaw/nss-folder/contracts/contractsFeb05.htm (1958 words)

	Legal duty -- Facts, Info, and Encyclopedia article (Site not responding. Last check: 2007-09-09)
		Legal duty -- Facts, Info, and Encyclopedia article
		In general, Legal Duty is given when the (The collection of rules imposed by authority) law is carried out and gives extended permission to a person to carry out duties to the public or to various private offices.
		In the (North American republic containing 50 states - 48 conterminous states in North America plus Alaska in northwest North America and the Hawaiian Islands in the Pacific Ocean; achieved independence in 1776) U.S. The President has a legal duty to manage the country in a matter of speaking.
	www.absoluteastronomy.com /encyclopedia/l/le/legal_duty.htm (95 words)

	Injuries in School/College Laboratories in USA
		A duty is a legally enforceable obligation to conform to a particular standard of conduct.
		This duty becomes more imperative in the classroom, and risks of danger are foreseeable, and thus the degree of care higher, where young, inexperienced students are handling substances which for them are potentially dangerous.
		The legal duty of the school or college is not confined to supervision by teachers and professors, in an attempt to prevent injury.
	www.rbs2.com /labinj.htm (6857 words)

	OUTLAWS LEGAL SERVICE
		Accountants owe a legal duty to clients and certain third parties to exercise the care and competence of an ordinary prudent accountant in rendering services.
		Accountants owe a legal duty to their clients to exercise reasonable care in performance of their professional services, i.e., not to be negligent in their professional work.
		The alleged duty was not owed, depending on the party and the rules of the jurisdiction.
	www.outlawslegal.com /refer/ch40.htm (5845 words)

	[No title]
		Under these circumstances, we find that a duty to keep a reasonable lookout for pedestrians in the Landgraff area was commensurate with the risk of injury that existed in that area.
		Appellee submits that the allowance of the testimony of expert witnesses is a matter solely within the discretion of the trial court, and in the case at bar the trial court properly assessed the competence of the experts and their assistance to the trier of fact.
		On appeal, appellant complained that the State failed to establish that the expert understood the legal meaning of the terms malice and premeditation and that the expert was being asked to draw a conclusion on the ultimate facts in issue.
	www.state.wv.us /wvsca/docs/spring96/22946.htm (5104 words)

	SSRN-Spare the Rod, Spoil the Director? Revitalizing Directors' Fiduciary Duty Through Legal Liability by Lisa Fairfax
		Thus, over the last twenty years, there has been a virtual elimination of legal liability - particularly in the form of financial penalties - for directors who breach their fiduciary duty of care.
		Most corporate scholars appear to support this failure, not only insisting that other extra-legal measures sufficiently ensure directors' compliance with their fiduciary duties, but also arguing that legal remedies are both costly and ineffective.
		Instead, this Article uses Sarbanes-Oxley and events which led to its enactment to demonstrate that most arguments rejecting director liability inappropriately assess the costs and benefits of legal penalties, while failing to appreciate the degree to which extra-legal market or reputational sanctions depend upon legal measures for their effectiveness.
	papers.ssrn.com /sol3/papers.cfm?abstract_id=601970 (401 words)

	FindLaw's Writ - Ramasastry: Do Banks Have a Legal Duty to Notify Customers About Specific Computer Viruses?
		In the end, the notion that banks and companies should have a legal duty to ensure that their customers take adequate precautions when it comes to their own PCs is not a practical approach.
		Tort law imposes a reasonable duty of care; asking banks to become experts in security issues for every computer on the market is unreasonable.
		The legal duty of banks to protect against hacking should be limited to their own networks - about which they are knowledgeable, and over which they have control.
	writ.news.findlaw.com /ramasastry/20050210.html (1251 words)

	Porn spam--legal minefield for employers \| CNET News.com
		The legal arguments have not yet been tested in court, but scholars say the combination of lucrative damages and porn spam's steadily increasing volume will make lawsuits drawing on at-work porn spam inevitable.
		Products that do precisely that have fueled a growth industry during the last few years, with approaches ranging from sifting through incoming messages for phrases known to be used by porn spammers to performing statistical analyses on e-mail text to blocking transmissions from a fllist of known or suspected spammers.
		Companies face a legal duty to take action as a result of federal civil rights laws dealing with sexual discrimination.
	news.com.com /2100-1032-995658.html (2224 words)

	Legal Q & A: Legal topics
		Does a parent have a legal duty to protect his/her child from abuse by another person?
		Yes, any parent who knows that another person is abusing his/her child and takes no action to stop the abuse is subject to criminal prosecution.
		The officer will arrest the person he or she believes is most responsible for the violence, even if the victim doesn't want the abuser arrested.
	www.legalexplorer.com /legal/legal-QA.asp?PositionPoint=14&Sid=14 (1248 words)

	FindLaw's Writ - Ramasastry: Do Stores That Offer Loyalty Cards Have a Duty to Notify Customers of Product Safety ...
		Crowson alleges in her complaint that QFC failed to alert her family that ground beef it had sold them had been recalled in December's mad-cow scare.
		Such a duty would come from either the common law of torts, which allows claims where there is a duty to behave reasonably to prevent foreseeable harm to others.
		And of course, if there is no current duty, the legislature may see fit to pass a statute creating such a duty.
	writ.news.findlaw.com /ramasastry/20040805.html (1650 words)

	Landowner Liability in Parks & Recreation (Part 2) (Site not responding. Last check: 2007-09-09)
		• Describe general circumstances when the landowner owes no legal duty to remove a hazardous condition on the premises.
		• Define the landowner's legal duty of care and the general rule in determining negligence liability.
		Describe how the court applied these rules of law to the specific facts of this case in determining whether the State was liable for negligence.
	classweb.gmu.edu /erodger1/prls560/content/ceulaw4b.htm (283 words)

	SSRN-The Duty to Defend them: A Natural Legal Justification for the Bush Doctrine of Preventive War by William Bradford
		Part II examines the Bush Doctrine as an expression of a doctrine of preventive war that transcends the debate over the use of armed force in anticipation of an imminent attack.
		Part III claims that an examination of historical sources of international legal obligation and a less restrictivist, less positivist read of the Charter reveals a natural legal basis for the right, and, even more pointedly, the duty of states to engage in preventive war in order to defend against existential threats.
		Part IV examines the U.S. Constitution as a domestic expression of a presidential legal duty, arising under natural law, to defend the U.S. against external threats.
	papers.ssrn.com /sol3/papers.cfm?abstract_id=483762 (283 words)

	Williams, Kastner & Gibbs PLLC - United States - A Doctor’s Legal Duty—Erosion of the Curbside Consultant ...
		Williams, Kastner & Gibbs PLLC - United States - A Doctor’s Legal Duty—Erosion of the Curbside Consultant (05/11/2003) from Mondaq
		United States: A Doctor’s Legal Duty—Erosion of the Curbside Consultant
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	www.mondaq.com /i_article.asp_Q_articleid_E_23193 (212 words)

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