Yr11 Legal Assignment HELP!!!!! (1 Viewer)

penny.sullivan

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hey if you could help that would be awesome (asap)!

the question is:
Outline how individuals have legal duties to others. Explain the notion of duty of care and how it has developed over time. It is important to use references to case laws.

any help would be muchly appreciated as i am totally lost!

Penny :wave:
 

CaityJane08

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Hi. I'm not sure how much this will help but i hope its useful in someway:)

"A duty is any action that a group or individual is obliged to undertake".
For instance:having a drivers licence gives you a right to drive, but you have a duty to obey the road laws (E.g. Sticking to speed limits and stopping at red lights)

Different duties include:

Legal Duties
Which are mandated by laws made by parliament, or by the courts. Example: Most workers who earn an income are required by law to pay taxes to their state. This is a statute duty.

Common Law Duties
Concept of duty of care emerged whereby cases can be taken to court if a duty of care between two parties has been breached.

Statutory Duties
Duties that are set out by parliament that govern relationships between people in certain instances. For example, doctors, teachers and company directors all have statutory duties towards the people they deal with

Social and Cultural Duties
Duties that are not enforcable by common or statute law, but are expected of al citizens.
Example: Duty to save water, duty to give up your seat for an elderly, pregnant or disabled passenger on public transport, duty to keep the environment clean, duty to separate your waste into recyclables and garbage, etc.

Moral Duties
Notenforceable by law but it would be agreed by the majority of citizens that they should be upheld. Examples: Duty not to commit adultery, duty to tell the truth at all times, duty to treat others as we would want to be treated

Religious Duties
Based on religious rules and duties that aren't usually enforcable by law. Exceptions include some countries such as saudi arabia where religious law and statute law are the same. At the same time, Australian religious law and statue law occassionally merge, as most religions in Australia denounce stealing, assult and murder.

Ethical Duties
When our personal beliefs can influence our decision to carry out a duty. Similar to moral duties, ethical duties are not enforceable by law and are ultimately decided by different indviduals in different circumstances. Example: When you know your friend has broken the law do you report them to police or remain loyal to your friend?

Anyway, i hope this helps even a little. Good luck with your assignment. Please disregard this if its not helpful:)
 

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