THE DUTY OF CARE There is a Universal Law of social behaviour which always applies, to any group of creatures, at any time; in the past, and in the present, and in the future; in any place, in any possible universe. The Universal Law is quite simply that any creatures living in a group do not, as a general rule, injure each other. If the members of a group injure each other, then that group will get smaller and smaller, until, at the end, if the members continue to injure eachother, there is only one creature left, which is not a group! It is quite natural in many groups for members to establish pecking-orders and during this process some injury may be done, but once the pecking-order has been established and each group member knows hir place, very little further conflict is seen. This Law may be applied to any group of creatures, living at any time, in any place; anywhere, in any conceivable Universe. Therefore, if we are to believe in a Divine Architect who created the Universe, this is a Universal and Divine Principle Of Law, which any religious, political, financial, or industrial leader HAS TO AGREE WITH, or look very foolish!. Even if we do not believe in a Divinity of any kind, the principle still holds good according to both common-sense and simple logic, so atheists, anarchists, and agnostics have to accept it too... In British Law today there is a Duty of Care which states that: YOU MUST TAKE REASONABLE CARE TO AVOID ACTS OR OMISSIONS, WHICH YOU CAN REASONABLY FORESEE, WOULD BE LIKELY TO INJURE YOUR NEIGHBOUR This reasonable standard of care, as outlined in the Duty of Care above, is applied to all persons in the UK including the Government, the Bankers, and the Legal System itself... The failure to uphold the Duty of Care is either: (1)NEGLIGENT which is doing something likely to injure your neighbour in circumstances when you would not reasonably be expected to know that the thing you are doing is likely to injure your neighbour, (this is not a criminal offence, one may only be liable for damages in a civil court), or (2)RECKLESS which is doing something you KNOW is likely to injure your neighbour and yet doing it anyway (which IS a criminal offence where one may be arrested, and fined or imprisoned and be liable for damages), or (3)INTENTIONAL which is to intend by your act or omission to injure your neighbour (this is the most serious type of criminal offence which is generally punished with the full weight of the criminal law ). Not only is the Duty of Care arguably a Divine Principle of Law, it is also used in legal practice today to create precedent or new law. If you can show that your behaviour is reasonable, prudent and well-intentioned in the circumstances which you find yourself in, then you are not generally guilty of any crime even if you have broken a particular statute or statutes. For instance, there are times when it may be seen as reasonable, prudent and well-intentioned to disregard a particular law in order to serve a greater interest. Therefore we may argue that the Duty of Care is both the most fundamental and underlying principle of British law and also that it will over-ride any previous precedents or statutes in certain circumstances. Indeed we may argue that the Duty of Care is the Law! ecotort.blogspot.co.uk
Posted on: Mon, 03 Feb 2014 17:06:48 +0000
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