Thursday, December 26, 2019

Advice style answer on tort of negligence - Free Essay Example

Sample details Pages: 6 Words: 1944 Downloads: 2 Date added: 2017/06/26 Category Law Essay Type Analytical essay Level High school Tags: Advice Essay Tort Essay Did you like this example? Tort of Negligence The word tort is derived from the French word meaning wrong. A tort in the modern law refers to an approach which is a civil wrong. The tort of Negligence protects person, assets and financial interest from damage caused by a person not taking reasonable care. Application of Law 1. In the first question, Barack has failed to take all necessary steps while selling the ladder to Alfonse son of Theo-Paul. So this makes the case for tort of negligence. Theo-Paul, who is injured after using the ladder according to the instructions given, has to prove the following crucial fundamentals. a. A Duty of care b. A breach of the duty of care c. Damages in order to make Barack liable for trot of negligence. We keep aside the amount of Damages as of now. A Duty of Care is the duty owed by one person to another because of the relationship between them which might cause injury. Duty in this condition is a responsibility, accepted by law, to obey the rule s to a particular model of conduct for the safety of others against unreasonable risk. The first stage was to ascertain whether there was adequate relationship of neighbourhood or proximity between the claimant Barack Theo-Paul. The neighbour principle is the spine of duty of care, but in the following years the courts have developed more difficult tests. Modern Law of Torts was laid down by Justice Atkins in the most famous case of Donoghue v Stevenson in 1932. (Latimer, 2014, p. 227)The case raised a distress about the consumers rights to claim related to the damage caused by the use of the product.The judgment of this case puts the additional responsibility on the manufacturer of any product that needs out of the ordinary care. A duty of care was establish to be owed by a producer to an end-user, for carelessness in the manufacturing of his goods. Here Barack has failed as a supplier to take the additional responsibility before selling to Alfonse. We can determine this case makes Negligence a key area of Torts. The second issue the courts will take into account to ascertain negligence is breach of duty. This is normally known as the reasonable man test, and simply asks whether the Barack has done something a sensible person would not have done, or failed to do something that a sensible person would not have. The court will decide if there is a breach, it will look at the probability of harm, in Bolton v Stone 1951 UKHL 2 (Latimer, 2014, p. 248) the court decided in this case, that the risk of someone getting hurt on the road was so little. The seriousness of harm (Paris v Stepney Borough Council 1950 UKHL 3) (Latimer, 2014, p. 248) the court decided that Stepney Borough Council was conscious of his unusual conditions and failed in their  duty of care  to give him protecting goggles and steps to avoid the risk of harm (Latimer v AEC Ltd) , the court dismissed the appeal of Latimer as he could not prove that a reasonable employer could shut the factory because of the risks involved in working were very high in given the circumstances. Lastly, In order to succeed normally in an action for negligence the Theo-Paul must satisfy the rules of causation. Causation is bothered with whether, as a matter of truth, the breach caused the damage. It is called as but for test. In the case of Cork v Kirby Mclean Ltd (Latimer, 2014, p. 253)the court has ruled that the employees death was caused by the fault of both employee and employer. Remoteness of injury must be pleased. The study of the Privy Council is that a person is only accountable for the consequences that could sensibly have been anticipated. The Privy Council altered this test with the following case ofOverseas Tankship Ltd v Morts Dock Enginerring Co. (Latimer, 2014, p. 256). Barack has failed to anticipate that an injury may occur, if the arms broke off, because he hasnt taken the necessary quality checks before selling to Alfonse son of Theo-Paul. Under The Civil liabilit y Act 2002 NSW SECT 5B (1) A person is not careless in failing to take safety measures against a risk of  harm  unless: the risk was anticipated, was not important and in the conditions, a sensible person in the persons position would have taken those safety measures. Under this section Barack as a supplier has failed to anticipate the risk involved in it. SECT 5B (2) in determining whether a sensible person would have taken safety measures against a risk of  harm, the court is to consider the following; the likelihood of harm, gravity of harm, burned of taking safety measures to prevent the harm. Conclusion: By applying the judgements from the above cases Barack has failed the basic fundamentals A. Duty of care B. A breach of the duty of care C. Damages, he is supposed to take while buying the ladders from Joe a passing wholesale vendor, whose details are recorded by Barack and selling the ladder to Alfonse without checking its quality standards and strength. Theo-Paul has used the ladder accordingly to the instructions. The manufacturing defect has caused both the spreader arms broke off the frame of the ladder due to which Paul has suffered a serious brain injury. So Theo-Paul can sue Barack for tort of negligence. 2. Australian Consumer Law (ACL) commenced on 1 January 2011 National Consumer Law which applies to all the states and territories. The ACL replaced provisions in 20 national, State and Territory consumer laws. The ACL is administered and enforced by the Australian Competition and Consumer Commission (ACCC). (australian consumer law, 2011) Application of Law: The-Paul can take action under Australian Consumer Law Pt 3-5 against Barack. Under this law manufacture is liable for goods with safety defects if, an individual is hurt or died because of the safety defect (ACL s 138) (Latimer, 2014, p. 528). A manufacture is more than a producer of goods. It includes assembler, brander, and importer (ACL s 7) (Latimer, 2014, p. 529)in th is case Barack is brander because he has purchased the ladder from an unknown person whom he never met before and it doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t have any brand. In addition, a business is said to be manufacture of the goods if it is an own brander. The ACL say that if a manufacture is unidentified after 30 days each supplier which did not respond to the request is said to a manufacture of that good (s147(2)) (Latimer, 2014, p. 529). As Barack doesnt have the details of Joe, so has is liable for the injury caused to Paul. Safety defective goods: Goods have a safety defect when their safety is not such as a persons generally are entitled to expect (s 9: safety defective goods) (Latimer, 2014, p. 529). Possible safety defects in the goods include design defects, manufacturing defects, and instructions defects. Here Paul has used the ladder as per the instructions, even though, the spreader arms of the ladder has come off, so the ladder has a manufacturing defect. Manufacturers li ability for defective goods: ACL Pt 3-5 imposes liability for supplying defective goods to an individual. Legal action for safety of defective goods must be started by the person injured within three years of being aware of loss, the safety defect and the identity of the manufacture (ACL s 143(1)) Consumer guarantee that the goods are of acceptable quality (ACL s 54) (Latimer, 2014, p. 503) under this the supplier including the hirers and lessors must guarantee that the goods are of standard quality, if not the end user can sue the supplier and/ or the manufacturer. So Barack has failed to test the quality standards of the ladder before purchasing from Joe an unknown person and before selling to Alfonse. Conclusion: Under the Australian Consumer Law Pt 3-5 Theo-Paul can take action against Barack as the ladder he sold was defective good. Even though he is not the manufacture he is liable for the good, as the identity of Joe is unknown. Barack has a 30 day time to find the Manu facture (Joe), which is very less. So this makes Barack as a manufacture and Paul can initiate action against Barack for the injury caused to him. 3. The remedy in tort is a grant of Damages, to provide compensation for the harm suffered by the applicant. Damages award in tort to put the applicant in the position in which applicant would have been if the negligence had not been committed. It includes as allowance for expenditure incurred in relying on defendant behaviour. The damages in personal injury involve compensation for pecuniary (monetary) and non pecuniary loss. In case Theo-Paul has suffered both pecuniary and non pecuniary loss. At the time of the injury he was 45years old and was earning $400,000 per year and was an active sportsman. Due to the injury he suffers extreme migraine unless he is sedated. Under the Civil Liability Act 2002 of NSW in reply to trot limit the compensation by restricting awards for damages for personal injuries caused by negligence. This ac t provides a statutory cap for damages for non economic loss in NSW is $551,500 (s 17) for his pain, suffering of amenities of life. So Paul can claim up to $551,500 under this act for his non economic loss. For his loss of earnings under the Civil Liability Act 2002 of NSW s12(2). This section applies to award damages for past and economics loss due to loss of earnings or the deprivation or impairment of earning capacity In the case of any such  award, the court is to disregard the amount (if any) by which the  claimant s gross weekly earnings would (but for the  injury  or death) have exceeded an amount that is 3 times the amount of average weekly earnings at the date of the  award. Paul can get a maximum of 3X the average weekly earnings. Under Competition and Consumer Act 2010 (Cth) pt VIB (s 87M) (Australasian Legal Information Institute, 2010) the maximum amount of damage for non economic loss is during the year in which this Part commences (b)during a later ye arthe amount worked out. s 87U Personal injury damages for loss of earning capacity. A court must disregard the amount by which the  plaintiffs gross weekly earnings during any  quarter  would (but for the  personal injury  or death in question) have exceeded. s 87V the average weekly earnings for the quarter means the amount published by the Australian Statistician (Australasian Legal Information Institute, 2010) Conclusion: According to the above law Paul can claim up to $551,500 for his non economic loss, even though he is earning a $400,000 annually. It is an act of negligence, not intentional. 4. The reasons for the Australian caps on damage are because of ones negligence and it is not an intentional. The claims for personal injuries under the common law of negligence have now been limited by the Civil Liability Act which is passed in 2002-03. The damages awarded for personal injuries were becoming too high. Damages were continuing to rise, so was the cost of liability insurance. The Civil liability Act promotes personal responsibility, that you are responsible for your own acts of negligence. In the Ipp report submitted by the federal government, it has recommended a single statute with a name like Civil Liability Act which would apply to any claims for damages for personal or death caused by negligence. The effect of Civil Liability Act is showing a change drop in the number of new cases and insurance premiums. Bibliography (2010). Retrieved may 22, 2015, from Australasian Legal Information Institute: australian consumer law. (2011, January). Retrieved May 2015, from Latimer, P. (2014). Australian business law. CCH Australia Limited. Don’t waste time! Our writers will create an original "Advice style answer on tort of negligence" essay for you Create order

Wednesday, December 18, 2019

Rule Utilitarianism A More Refined Version Of Act...

Rule Utilitarianism This may be considered a more refined version of Act Utilitarianism as it addresses some shortcoming of the earlier ethical theory by universalizing the situation. In this regard, rather than base the ethics of the situation on whether it will result in beneficence for the greatest number of people, it instead bases its ethics on the gain in happiness or loss if everyone worldwide carried out the action that is being judged. As applied to the subject issue, Rule Utilitarianism would ask, â€Å"If every corporation/company/organization paid subjected their workers to poor working conditions and poor, unfair wages, would it result in a net loss or gain of happiness?† The apparent answer to this question is that there would be a huge loss in happiness experienced by all employees. Due to the ripple effect, such a loss of happiness in the workforce would inevitably mean that their motivation would be lowered, as will their productivity. Lower productivity is associated with lower profitability, hence, the loss of happiness in the employees would in turn become a loss of happiness for the managers and owners of such entities, and eventually, an overall loss of happine4ss within society. Therefore, this ethical theory considers the subject issue to be unethical. Kantian Deontology This ethical theory is mostly associated with its progenitor, Immanuel Kant, although other forms of deontology exist such as moral absolutism, divine command theory and contemporaryShow MoreRelatedEthics and Social Responsibility Essay9502 Words   |  39 Pages$930 million Ponzi scheme, with which numerous NCAA rules were violated. Shapiro allegedly provided cash, goods, prostitutes, assorted favors and on one occasion, an abortion to University of Miami football players. 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Tuesday, December 10, 2019

Job Satisfaction and Organizational Commitment †MyAssignmenthelp

Question: Discuss about the Job Satisfaction and Organizational Commitment. Answer: Introduction: Top 100 employers is a competition that seeks to establish through set standards companies that have the best employee treatment which encourages retention and desire to work. The purpose of the competition is to offer the world with a list of performers and best companies to work for in the present century that adheres to the employee concepts of development and proper workplace policies. Top 100 employers is a list of organizations which have the best practice and work environment that attract and retain workers due to their unique offering (Birchall, 2016). Top 10 employers refer to the competition in place involving organizations that have the required qualification as best organizations to work. The companies present exceptional work environments which attract workers to the organization by offering particular aspects that instill motivation. There is a body that carries out the competition through analysis of a work environment and the motivational means towards creating a conducive work environment. The organizers prioritize a top 100 company list according to the performance and the survey reports registered by the workers as well as other factors observed from various organizations. The competition exists according to nations which are tallied and relayed each year in a unique business feature. A lot of companies all over the world strive to have the best image and name for their organizations. The proper name is achieved through superior employee treatment as they remain the fundamental resources to succeed. Existence in the top 100 employer list accords companies with several benefits that accompany their success. First, presence in the list acts as a marketing tool for companies which drive a good name to the clients consuming the products and services (Guiso, Sapienza Zingales, 2015). Once groups appear in the list, a lot of marketing aspects are done which raise the name of businesses. Besides, appearance in the list boosts the ratings and the quality standard assurance of company products among the clients. At the same time, the move brings a huge number of qualified individuals to a business in its recruitment and selection processes thus assisting it in acquiring the top-notch candidates for employment opportunities (Sirota Klein, 2013). On the other hand, companies strive to reach the list to retain the best employees to boost its business performance as well as the companys profits. Maintaining rich minds and concept developers assist in obtaining the best quality of products which guarantees high sales in organizations. Appearing in the list shows superior employee treatment and proper workplace environment which uplifts the spirits of employees and the consumers. Therefore, companies do all within their ability to appear and further maintain being in the list to reap the benefits associated with the listing. Employers in selected regions are eligible to join the competition as long as it has its head office in the selected regions or country. Top 100 employers in a given region have to reach a specified requirement and provision to appear in the competitive listing. The qualifications range from workers treatment at workplace, compensation plans, motivational techniques, adherence to labor laws, appraisal techniques, and health care coverage programs (Birchall, 2016). The employers undergo evaluation carried out by the mandated competition body. The authority examines the physical workplace, atmosphere of the workplace, vacation and time-off provision, performance management, communication culture in organization, corporate social responsibilities, training and development, and health, family, and financial benefits rendered to the workers (Canada Top 100 Employers, 2017). In this respect, employers undergo comparison to arrive at the best one-hundred offering a progressive program for its workers. Some companies offer benefits and programs that go beyond the labor provisions which touch on the family life of employees thus motivating performance and retention of workers. For instance, Air Canada maintains a pension and benefits program that monitors and advocates for the protection and reform in pension for its workers (Yeh, 2014). Such provisions boost the morale of workers thus making a company worth working. Companies have to attain a top-notch success rate in retaining its employees through incentives and other programs that boost production and profitability. The standards in the competition keep changing according to the latest provisions in the workplace. For instance, the issues of compensation and safe workplace shift with the latest standards that protect the workers from the environmental challenges that may affect workers such as pollution. The young generation can use the information to deduce the companies to work for based on the provisions delivered to the employees. Once aware, workers can make applications for the job advertisement in anticipation of a favorable career development. The young generation benefits from the equation where employers strive to incorporate changes that favor the young generation by making the workplace a flexible place (Bradler, Dur, Neckermann Non, 2016). Innovation is encouraged among companies in coming up with the latest technology in the workplace that appreciates and lifts the spirits of workers. The young generation benefits from the provision as the employers keep changing policies and proc edures to suit the change in employee needs thus touching the present generational needs. References Birchall, M. (2016).Times Top 100 Graduate Employers 2016-2017. High Fliers Publications. Bradler, C., Dur, R., Neckermann, S., Non, A. (2016). Employee recognition and performance: A field experiment.Management Science,62(11), 3085-3099. Canada Top 100 Employers. (2017). Selection process. Retrieved from Guiso, L., Sapienza, P., Zingales, L. (2015). The value of corporate culture.Journal of Financial Economics,117(1), 60-76. Sirota, D., Klein, D. (2013).The enthusiastic employee: How companies profit by giving workers what they want. FT Press. Yeh, Y. P. (2014). Exploring the impacts of employee advocacy on job satisfaction and organizational commitment: Case of Taiwanese airlines.Journal of Air Transport Management,36, 94-100.

Tuesday, December 3, 2019

The World Ends With Me free essay sample

Life is short. At this age, I am immortal. Age does not harm me and my skin sticks to my face wonderfully. I am full of life, pumped up with elasticity and ambition. I am stubborn and I refuse to give up. I do not care for those that put me down because they are simply disdainful. They do not want me to succeed but I will. The day I do, I will knock on their doors and laugh because by then I would have earned the right to. I am determined to reach my goalsaˆâ€ nobody is going to stop me and because of this, my outlook on life will ultimately affect my future. Even with my first memory, I had known this. After all, the world ends with me. My first memory is about the age of three or four. I was walking on the streets of Junction Boulevard. We will write a custom essay sample on The World Ends With Me or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page I passed by a Mickey Mouse ride, one that my mommy would always place a quarter in the slot and some cheerful song would play as Mickey shook like a horse. It was fun indeed. I would laugh like a silly girl who had indulged in too many sweets. Children often indulge rather than limit themselves. Indulgence leads to desires and desires are goals and goals are what motivate me to accomplish my dreams. The sun would be glaring and beaming into my four year old eyes and I would hid them with my fingers but I often opened them up to see the busy streets crowded with many people of Latino descent. I would smell the fresh churros, so enticing that I would cry, â€Å"Mommy, I want some of those!† She would deny me sometimes but this case, she did not. The Mexican woman would smile at my innocence or what I had thought my greediness. I wanted more than just one. One was never enough, just how one life is never enough to accomplish everything. That does not stop me from trying though b ecause the world ends with me. Two old men would always sit around the corner store on one crate laid a chess board and the one with the graying hair is scratching his head pensively while the other was smirking with arms crossed. I enter the corner store with my mother and we picked out cards for our relatives. The one I love the most was shaped like a giraffe, it was yellow and brown spotted and had a red bow tied on its neck. She paid $1.75 for the card and later destroyed by days of wear and tear. Humans are often worn down by wear and tear but scotch tape would have fixed the card right up and perhaps it need not to be discarded. Stress is natural when it comes to living. Once bitten, twice shy, a failure is never a failure but another road to discover myself. Like the giraffe I can always repair myself because the world ends with me. The store owner would watch us suspiciously, his eyes never leaving mine and I would stare. He seemed tired. Now I would think, perhaps he was si ck of the world. Maybe he hated how he had to slave everyday in the corner store as people would arrive and create a huge mess and ultimately, he would have to clean it up. At one point, he must have decided that opening up a store would create opportunities for him. Being his own man, his own boss, he would not have to listen to anybody. He did not allow petty thieves to deter his businessaˆâ€ he was in control. The elderly men outside the store was no different, in the game of chess, they control the outcome of their lives. Each move was theirs’ and theirs’ aloneaˆâ€ there was nobody else controlling them. I watched them once when my grandma would be in the store. I asked them, â€Å"What does this do?† in Cantonese. They could not understand my language. One of them stopped for a minute to play with me, he had a funny mustache. He waited patiently for the other player and temporarily entertained me with silly games such as stealing my nose. My nose! I need that to breathe! What would I have done if they had not given it back? Who knows? I probably would have taken it back by force; nobody is stealing my nose when I can help it because the world ends with me. The world ends with me because I control my own world. No matter what people dish at me, I will bounce back, more stubborn and more ready to win than before. I do not care for those that dislike me or those that do not believe I cannot do it. They are mere whispers in my symphony of success and I am the conductor. In a sense, mankind is holy because we are our own gods, we can bend the world to meet our needs and I will do the same. The world ends with me and if I have to grab it by its shoulders and shake it until it gives me what I want, I will never give up because I control my own destiny.