The applied practice of duty of care of the educator in historically Afrikaans medium secondary schools in the districts of Potchefstroom and Klerksdorp. When a parent sends his child to school the learner is entrusted to the care of educators, and the educator acts as a person in loco parentis regarding the physical protection of the learner. In order to ensure this safety of learners, it is necessary to create a climate of safety and security for them by utilizing rules and regulations. This implies that the educator, in the application of the practice of duty of care, is obliged to protect the learner from physical damage. The compulsion laid upon the educator to ensure the physical welfare of learners entrusted to his care, results from a delegated obligation (the in loco parent/s-position of the educator) and an original obligation. It is important for the educator to evaluate, comprehend and apply his position and the accompanying standard of the practice of duty of care legally required in the light of relevant legislation, legal adage and common law principles. Literature study has shown that the obligations and responsibilities regarding the duty of care of educators are established by a combination of determinants, inter alia statutory legislation, South African and International legal adage and elements of common law. There is no separate field of laws to exclusively determine and influence education but rather an eclectic field of legislation comprising norms and standards from the entire field of legislation as applicable in contemporary South Africa. With the accent currently on the professional conduct of the educator, they should keep in mind that they, like any other professional person, will be evaluated by stricter measures. In establishing negligence from an educator, the skills and care are expected from the educator as a professional person, an expert in the field of teaching with specialised knowledge. Thus, the conduct of an educator is measured by the elevated standards as expected from the reasonable expert. An empirical investigation was launched by means of a questionnaire completed by post level -1 educators and heads of department in historically Afrikaans secondary schools in the Potchefstroom and Klerksdorp districts. The aim of this research was to establish • the insight, perceptions and knowledge of the educators regarding key legal questions with reference to their care of duty practice and • the extent to which the duty of care practices of the educators meet with the requirements of educational law. The empirical investigation established inter alia that • respondents generally seem to possess reasonable knowledge of education laws regarding the practice of their duty of care; • most of the respondents seem not to be able to apply their knowledge of educational laws to their duty of care; • it seems that the practice of duty of care of the majority of the respondents does not meet with the elevated standards expected legally from a professional educator and that • specialised training in education law has the most significant effect on the practice of duty of care of the educator. With regard to the findings, specific recommendations were made, relevant to role players in education on macro, meso and micro level. These recommendations should promote a heightened standard in the practice of care of duty with practicing educators. / Thesis (M.Ed.)--North-West University, Potchefstroom Campus, 2009.

The applied practice of duty of care of the educator in historically Afrikaans medium secondary schools in the districts of Potchefstroom and Klerksdorp. When a parent sends his child to school the learner is entrusted to the care of educators, and the educator acts as a person in loco parentis regarding the physical protection of the learner. In order to ensure this safety of learners, it is necessary to create a climate of safety and security for them by utilizing rules and regulations. This implies that the educator, in the application of the practice of duty of care, is obliged to protect the learner from physical damage. The compulsion laid upon the educator to ensure the physical welfare of learners entrusted to his care, results from a delegated obligation (the in loco parent/s-position of the educator) and an original obligation. It is important for the educator to evaluate, comprehend and apply his position and the accompanying standard of the practice of duty of care legally required in the light of relevant legislation, legal adage and common law principles. Literature study has shown that the obligations and responsibilities regarding the duty of care of educators are established by a combination of determinants, inter alia statutory legislation, South African and International legal adage and elements of common law. There is no separate field of laws to exclusively determine and influence education but rather an eclectic field of legislation comprising norms and standards from the entire field of legislation as applicable in contemporary South Africa. With the accent currently on the professional conduct of the educator, they should keep in mind that they, like any other professional person, will be evaluated by stricter measures. In establishing negligence from an educator, the skills and care are expected from the educator as a professional person, an expert in the field of teaching with specialised knowledge. Thus, the conduct of an educator is measured by the elevated standards as expected from the reasonable expert. An empirical investigation was launched by means of a questionnaire completed by post level -1 educators and heads of department in historically Afrikaans secondary schools in the Potchefstroom and Klerksdorp districts. The aim of this research was to establish • the insight, perceptions and knowledge of the educators regarding key legal questions with reference to their care of duty practice and • the extent to which the duty of care practices of the educators meet with the requirements of educational law. The empirical investigation established inter alia that • respondents generally seem to possess reasonable knowledge of education laws regarding the practice of their duty of care; • most of the respondents seem not to be able to apply their knowledge of educational laws to their duty of care; • it seems that the practice of duty of care of the majority of the respondents does not meet with the elevated standards expected legally from a professional educator and that • specialised training in education law has the most significant effect on the practice of duty of care of the educator. With regard to the findings, specific recommendations were made, relevant to role players in education on macro, meso and micro level. These recommendations should promote a heightened standard in the practice of care of duty with practicing educators. / Thesis (M.Ed.)--North-West University, Potchefstroom Campus, 2009.

Submitted by MANOELLA DE GUIMARÃES NASCIMENTO (manoella.nascimento@gmail.com) on 2018-03-01T17:59:10Z No. of bitstreams: 1 FINAL MANOELLA DE GUIMARÃES NASCIMENTOCERTA2.pdf: 1237927 bytes, checksum: ed9a66503e65598a982a84294fb0d539 (MD5) / Approved for entry into archive by Katia Menezes de Souza (katia.menezes@fgv.br) on 2018-03-01T18:03:21Z (GMT) No. of bitstreams: 1 FINAL MANOELLA DE GUIMARÃES NASCIMENTOCERTA2.pdf: 1237927 bytes, checksum: ed9a66503e65598a982a84294fb0d539 (MD5) / Made available in DSpace on 2018-03-02T12:26:35Z (GMT). No. of bitstreams: 1 FINAL MANOELLA DE GUIMARÃES NASCIMENTOCERTA2.pdf: 1237927 bytes, checksum: ed9a66503e65598a982a84294fb0d539 (MD5) Previous issue date: 2017-05-11 / O conceito de duty of care em decisões de cinco países (Inglaterra, Irlanda, Austrália, Canadá e Holanda) é utilizado para responsabilizar as empresas transnacionais pelas violações de direitos humanos perpetradas por atos de suas subsidiárias, em uma estratégia processual para alcançar a reparação das vítimas, já que as Cortes Internacionais não aceitam entes privados como réus em processos. A pesquisa busca criar um conceito geral para o instrumento, com suas condicionantes e limitações, pela observação de decisões dos cinco países na literatura pertinente, considerando três pontos específicos: o controle de fato exercido pela empresa-mãe sobre as ações da empresa subsidiária, a desconsideração da personalidade jurídica e o foro aplicável as ações judiciais. O principal elemento do conceito de duty of care é o controle de fato, que pode ocorrer de duas formas: por ações positivas diretamente nas condutas possivelmente danosas da empresa e por omissão quando a transnacional se encontra em uma posição de superioridade de conhecimento e não aconselha a subsidiaria em suas ações. O controle de fato engloba ainda a previsibilidade do dano e a proximidade entre as partes. O duty of care apenas pode ser imposto quando o controle de fato esteja presente. / The concept of duty of care in judgements of five countries (England, Ireland, Australia, Canada and Holand) is utilized as a way to make transnationals enterprises responsible for human rights damages caused by their subsidiaries companies, in a processual maneuver to achieve reparation for the victims, since International Courts do not allow private entities to become parts in their litigation procedure. This research means to create a general concept for the instrument, with its limitations and requirements, through the observation of foreign judgments cited by the relevant literature, considering three main points: the facto control exercised by the parent company, the piercing of the corporate veil and the applicable jurisdiction. The main element of the concept of duty of care is the facto control, which can manifest itself in two ways: by a positive action directly over the possible damaging conduct of the subsidiary and by omission when the multinational enterprise has a conduction of superior knowledge and fails to advice the subsidiary in its actions. The facto control contains both the foreseeability of the damage and the relation of proximity between the parts. The duty of care can only be imposed when the facto control is present.

There have been a host of studies performed documenting that college students engage in alcohol consumption to a degree that is dangerous to their health and well-being (Brenner, Metz, & Brenner, 2009; Harris et al., 2010; Leichleiter et al., 1998; Martens, O'Connor-Dams, & Paiement-Duffy, 2006). Many other studies indicate that college athletes indulge in a higher level of alcohol consumption than their non-athletic peers (NCAA, 2006; Williams, Jr. et al., 2008). There is a continuing culture of excessive consumption of alcohol by college athletes. When reading the headlines about a collegiate athlete who dies because of misusing alcohol, one might ask how the issue continues to be such a problem, and what can be done about it. As a result of data from a study (Nolt et al., 2013) highlighting head coaches' confidence and self-efficacy regarding the issue of alcohol consumption by athletes, an interventional study was developed to address what appears to be a lack of confidence and self-efficacy on the part of collegiate head coaches to address and intervene with athletes who misuse alcohol. Presented in this dissertation are data, which quantified a lack of confidence and self-efficacy of collegiate head coaches to address the issue of athletes who consume alcohol to the detriment of their health and well-being, as well as data from the resulting training which is the subject of this current study. Results affirm that an interventional training which includes alcohol use education combined with motivational interviewing technique successfully increases head coach confidence and ability to conduct a brief intervention with an athlete who drinks. / Kinesiology

A contract to lease an enterprise A contract to lease an enterprise (Act No. 513/1991 Coll., the Commercial Code) was replaced by an agreement of usufructuary lease of an establishment with effect from 1. January 2014, when the New Civil Code came into force. Due to a new legislation, thesis in some chapters mentions comparison between present and former legal regulations, especially represented by Act No. 513/1991 Coll., the Commercial Code. Some chapters explain concept of usufructuary lease of an establishment from the historical point of view. The thesis deals with Czech legal regulation of the agreement of usufructuary lease of an establishment. It is an agreement regulated by Section 2349 atc. Act No. 89/2012 Coll., the New Civil Code. Usufructuary lease of an establishment is a contractual type related to contract of purchase of an establishment. Firstly, the thesis explains term establishment and defines objects we can classify as an establishment. The work also deals with the term part of an establishment ( branch) and other contextual terms. The main part is devoted to contracts essentialia negotii and the content of the contract from the view of the changes that have occurred with the effect of the Civil Code No. 89/2012 Coll. Especially problematic issues are rights and obligations,...

The duty of loyalty of a member of a business company This thesis deals with the topic closely connected with the field of corporate governance which is a part of corporate law. According to the American legal theory is duty of loyalty one of the fiduciary duties. The traditional classification of fiduciary duties is based on dualism - duty of loyalty and duty of care. But this concept is changing over time mainly due to case law. There is no settled opinion on the basic question how many fiduciary duties there are. Current opinion of the respected authority in this field - Delaware' Supreme Court is based on dualism of fiduciary duties, but not in the traditional meaning. The duty of loyalty includes according to the opinion of the judges not only conflicts of interests and self-dealing situations, but breach of good faith as well. On the other hand the traditional point of view was settled on two fiduciary duties - loyalty and care as well. Duty of loyalty was connected with conflicts of interest situations between principal and agent, when the personal financial interest of the agent was present. Duty of loyalty protected the legal position of the principal when agent managed entrusted property. The duty of care was connected with the interest of the principal and due performance of the agent with the...

The dissertation is focused on research of the general duties of members of the board of directors in a capital company, in particular the duty of loyalty. Besides the duty of loyalty, members of the board of directors have a duty to act with due managerial care. The doctrine paid attention to the specification of the duty to act with due managerial care but there has, as yet, been no attention paid to the duty of loyalty. The new legislation contained in the Civil Code Act n. 89/2012 Sb. (CC) subordinates the duty of loyalty under the duty to act with due managerial care. The subject of the dissertation is research of the nature, origin, and function, of the duty of loyalty. The conclusion of the dissertation is the confirmation of the hypothesis, that the duty of loyalty by which a member of the board of directors is bound, is a fiduciary duty and an independent duty, which is not a part of the duty to act with due managerial care.

A atividade exercida pelos administradores de sociedades anônimas envolve a prática de uma série de atos de gestão não previamente ou exaustivamente definidos, estando sujeita, portanto, a uma margem de discricionariedade. Apesar das limitações impostas pela Lei e pelos Estatutos Sociais, ao administrador caberá, cotidianamente, escolher uma alternativa, dentre muitas possíveis, para cada negócio realizado pela companhia. A proposta deste trabalho é estudar a influência da regulação jurídica sobre as escolhas que são tomadas pelos administradores, mais precisamente o chamado dever de diligência, estudando, deste modo, como a escolha de determinados padrões de conduta pela regulação jurídica pode determinar a relação dos administradores com o risco empresarial e afetar a atividade econômica de um país. O estudo é conduzido em grande parte com a utilização da metodologia da análise econômica do direito, tendo em vista as frutíferas contribuições que as ferramentas de microeconomia podem trazer para construção de análises sobre os comportamentos de agentes econômicos. / The activity rendered by managers ahead of corporations contemplate series of acts not previously or thoroughly defined, being subjected, therefore, to a discretionary margin. Nonetheless all limits imposed by Law and by the company by-laws, a manager, every day, still should choose one alternative amongst many possible, for each company business. The purpose of this work is to study the influence of legal regulation over the choices made by company managers, more precisely about the duty of care, studying, in this sense, how certain behavioral patterns imposed by legal regulation can determine the relationship of company managers with business risks and, hence, affect economic activities in a country. The study is grounded in the methodology proposed by Law & Economics, considering all prolific contributions received by the microeconomic tools for the construction behavioral analysis of economical agents.

Este trabalho versa sobre a hipótese de reparação civil por abandono afetivo que decorre da infração ao dever de cuidado do idoso. Analisa-se a tutela dos direitos dos idosos no ordenamento jurídico brasileiro através de um retrospecto legal com sutil referência ao contexto histórico mundial e ao Direito Comparado. Contextualiza-se a interpretação dos direitos dos idosos em face do fundamento do Direito pátrio na dignidade da pessoa humana a partir da Constituição Federal de 1988 e a transposição desta no Direito Civil e no Direito de Família. Adiante é apreciado o abandono afetivo, seu conceito e expansão pela a adoção do modelo atual eudemonista da família que importou na inclusão do dever de cuidado como elemento do afeto. A seguir o cuidado é abordado enquanto infração ao dever que dele decorre para identificação da conduta omissiva. Por fim, é explorado o instituto da responsabilidade civil, através do estudo de cada um dos seus requisitos, para conclusão quanto ao cabimento do dever de reparação pela constatação da ocorrência do ato ilícito de infração ao dever de cuidado que implica abandono afetivo em razão do dano que dele resulta e da extensão deste, isto valorado no caso concreto. / This paper deals with the hypothesis of civil reparation for affective abandonment of the elderly that results from the violation of the duty of care of the elderly. It analyzes the protection of the rights of the elderly in the Brazilian legal system through a legal retrospect with subtle reference to the world historical context and Comparative Law. The interpretation of the rights of the elderly in the face of the foundation of the patrimony right in the dignity of the human being is contextualized from the Federal Constitution of 1988 and the transposition of this one in the Civil Law and in the Right of Family. Above, affection abandonment, its concept and its expansion are appreciated by the adoption of the current eudemonist model of the family that has imported the inclusion of the duty of care as an element of affection. Care is then approached as an infraction of the duty derived from it to identify the omissive conduct. Finally, the institute of civil responsibility is explored, through the study of each one of its requirements, to conclude on the compliance of the duty to make reparation for the finding of the occurrence of the illicit act of infraction to the duty of care that implies affective abandonment due to the damage that results from it and the extent of it, that is valued in the concrete case.

La première source de la business judgment rule a été la jurisprudence. Celle-ci a été la source des codifications incitatives et contraignantes. Nos recherches ont mis en évidence deux types de formulations de la business judgment rule. Le premier type est la formulation prétorienne lato sensu et stricto sensu. Le second type est la formulation codifiée (Model Business Corporation Act, Corporate Director's Guidebook, Principles of Corporate Governance, lois limitant la responsabilité personnelle des dirigeants). De plus, nos recherches ont dégagé 9 types de termes qui se retrouvent dans tous les types des formulations. Les 4 premiers types de termes correspondent respectivement (1) aux pouvoirs des dirigeants et à leur discrétion, (2) au statut des dirigeants, (3) aux devoirs des dirigeants, (4) aux degrés de devoirs requis et à la gravité de la transgression de ces devoirs sanctionnée (standard of conduct). Les cinq types de termes suivants correspondent respectivement (1) au droit à l'erreur, (2) à la présomption de comportement/conduite, (3) au refus d'un contrôle judiciaire, (4) à la charge de la preuve, (5) à la justification de la business judgment rule (standard of revision). Les deux différences fondamentales entre les formulations de la business judgment rule sont les suivantes. La première différence se situe au niveau des conditions d'application de la règle et concerne la relation entre le standard de conduite, c'est-à-dire le type des devoirs, le degré des devoirs et la gravité de la transgression des devoirs, et le standard de responsabilité, c'est-à-dire les devoirs examinés quand la business judgment rule s'applique. La seconde différence fondamentale entre les formulations se situe au niveau des effets de la règle et concerne l'étendue d'un contrôle judiciaire sur le résultat de l'action ou de l'omission des dirigeants, c'est-à-dire le prix grossièrement inadéquat, l'abus de discrétion, le dépassement grossier, etc. / The first source of the « business judgment rule » is the jurisprudence. The jurisprudence was the source of the « soft law » and « hard law » codifications. The research showed two types of formulations of the « business judgment rule ». The first type is the jurisprudence formulation lato sensu_and stricto sensu. The second type is the codification formulation (Mode) Business Corporation Act, Corporate Director's Guidebook, Principles of Corporate Governance, lois limitant la responsabilité personnelle des dirigeants). The research showed nine types of terms which may be found in the formulations of the « business judgment rule». The first four terms correspond respectively to (1) the powers of the governors of the corporation and their discretion ; (2) their status ; (3) their duties, and (4) the degree of their duties. This first type of terms constitutes the standard of conduct. The next five types of terms correspond respectively to (1) the right to the error; (2) the presumption of the conduct; (3) the refusal of judicial review; (4) the burden of proof; (5) the justification of the « business judgment rule ». This second type of terms constitutes the standard of revision. There are two fundamental differences between the formulations of the « business judgment rule ». The first difference is situated at the level of the conditions of application of the « business judgment rule », and concerns the relations between the standard of conduct and the standard of revision. The second difference is situated at the level of the effects of the « business judgment rule » and concerns the scope of judicial review.