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What of the following is a failure to provide duty of care?

A Fail to report a normal looking car in the parking lot, later found to be a crime scene
B Fail to confiscate a barbeque from a balcony at an apartment that later starts a fire
C Fail to report a broken window noticed that turns out to be the entry for a theft
D Fail to assess the root causes of a fire

User Alichur
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1 Answer

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Final answer:

A failure to provide duty of care occurs when an individual neglects to take necessary actions to prevent harm when such a duty is established. Option B from the choices is a clear example of this if the individual had a duty to enforce safety protocols which they neglected, thereby contributing to a fire. Option D could also represent a failure if it involved professional responsibilities being neglected.

Step-by-step explanation:

A failure to provide duty of care typically involves neglecting to take actions that could prevent harm or danger to others, where such a duty is established by law or through a person's role or relationship to the situation. In the choices provided, option B, Fail to confiscate a barbeque from a balcony at an apartment that later starts a fire, could represent a failure to provide duty of care if there are regulations or guidelines that require the individual to take action to prevent such risks and they neglected this responsibility. Moreover, option D, Fail to assess the root causes of a fire, could also represent a failure in duty of care, particularly for professionals responsible for fire safety and investigation whose job includes understanding causation to prevent future occurrences.

However, contexts for options A and C would need specific obligations to be in place for them to be categorized as failures of duty of care. Normally, simply observing a normal looking car or a broken window does not constitute a duty of care without additional contexts such as security personnel responsibilities or knowledge of imminent danger associated with such observations. Therefore, among the examples provided, option B is the most clear-cut scenario where a failure to fulfill a duty of care could have dire consequences and could lead to legal liability if it violated established safety protocols.

User Sadmicrowave
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