Vicarious Liability and the Close Connection Test Essay

Vicarious Liability and the Close Connection Test - Essay Example In Lister, the close connection test was first enumerated, finding that it was fair and just to find a close connection between the warden's sexual abuse of boys in his care and his duties as a warden. In other words, in this case, it found that the sexual abuse was inextricably woven in the duties of the warden, in that if the warden did not have the duties that he did   - checking up on children at night, alone – then the warden would not have the opportunity to sexually abuse the boys in his care. While this case was landmark, in that it put employers on the hook for intentional torts if the intentional torts arose because the duties of the employee essentially allowed the intentional tort to occur, this rule is not sufficiently bright line to encompass every situation. This principle would come into play in the case of Dubai Aluminum v. Salaam as well.   In the case of Dubai, the question was whether the firm would be liable for tortious acts of a member of the partner ship, as well as acts which would be considered to be equitable wrongs, such as the wrongs which were engaged in by Salaam in this case.   There are elements of agent and principle in this case, because Amhurst in this case would be considered to be an agent of the solicitor firm that he was a partner of.   However, in this case, it was held to be in the ordinary course of business, so both tortious wrongs and dishonest breaches would make the firm vicariously liable, therefore the principle should be on the hook for the agent's acts.... i case, it has long been a tenant for torts that it does not matter if something is expressly forbidden – typically the employer would still be liable for the actions of the employee. This principle was established in 1862 with the case of Limpus v. London General Omnibus Co.2 In the Limpus case, the company expressly told the driver of the omnibus not to race other omnibuses, yet the driver did this, and the omnibus overturned. However, the Limpus case is difficult to square with another case with similar facts, which found that if an employee does something that is not done with the knowledge or consent of the employer, this often means that the employer is not vicariously liable for the resulting negligence, which puts the onus on the injured party. The case is Conway v. George Wimpey & Co. Ltd.3 In the Conway case, the employee picked up the plaintiff, who was also an employee, and got into an accident. Since the employer did not know nor authorize the employee to do this, it was held that the employer was not liable. This seems to be an arbitrary case, in light of the principles set forth in Limpus. New Close Connection Test While the old test states that employers are generally no liable for their employees’ intentional acts, this has been evolving. Consider the case of Lister v. Hesley Hall Ltd.4 This apparently was one of the first times that employers are said to be liable for intentional acts of their employees. In Lister, the close connection test was first enumerated, finding that it was fair and just to find a close connection between the warden's sexual abuse of boys in his care and his duties as a warden. In other words, in this case, it found that the sexual abuse was inextricably woven in the duties of the warden, in that if the warden did not have

Health Promotion in Nursing Care Essay Example | Topics and Well Written Essays - 750 words

Health Promotion in Nursing Care - Essay Example It should enhance commitment among individuals, communities and families by giving them literacy in health and promoting healthy lifestyle behaviors. To attain this, it helps to decrease the financial burden on patients by cutting the cost of health care by increasing the role played by the government in carrying the financial burden (Bomar, 2004). Nurses are known to work in close collaboration with the community therefore serve the role healers, educators, advocates and researchers in the levels of promotion and promotion. Purpose of Health Promotion in Nursing Practice The nursing practice plays a key role in health promotion, as nurses are guide individuals, communities, families and organizations in making sound decisions concerning health (Pender, Murdaugh and Parsons, 2011). The nursing practice is involved is various aspects of health promotion including illness prevention, patient education, consultation, follow up treatment and other clinical nursing practices. Health promo tion results to positive changes in the nursing practice including improved adherence to the code of practice governing the profession, improved quality service delivery and increased health outcomes. Health promotion introduces the approach of community-based practice there nurses’ roles and responsibilities are focused towards improving the health status in their respective communities through education and prevention of diseases (Linsley, Kane and Owen, 2011). Moreover, nurses working with respect to the health promotion model take every contact with a patient to be a learning intervention. For instance, while dressing the wound of a diabetic patient, the nurse takes this opportunity to discuss on how to manage the disease. Concisely, nurses in health organizations should appreciate the value of health promotion and adequately serve in their respective duties as caregivers and educators. Evolution of Nursing Roles and Responsibilities in Health Promotion Nurses’ rol es and responsibilities have evolved greatly over the past decades. Traditionally, the main aims of health promotion by nurses were transforming individuals’ behavior concerning their health and disease prevention (Pender, Murdaugh and Parsons, 2011). However, nursing roles and responsibilities have changed since they have increased experience and knowledge of health promotion. In the modern times, the nurses’ roles and responsibilities are not limited to what they learnt during their study. They need to work hard to ensure their role in health promotion is acknowledged (Lundy and Janes, 2009). The new nursing roles and duties are holistic and this requires nurses to be multidisciplinary. In other words, they need to acquire relevant knowledge and skills in areas of emergency care, counseling, behavioral science, health promotion, illness assessment; community needs assessment and family intervention. Nurses are seen as advocates of change in the health sector therefor e need to be aware of changes and trends in society and how they could impact on the health of society. Finally, nurses are requires to have high academic credentials as some positions require a minimum of a BSN. Implementation Methods for Health Promotion The