Business Law-Historical Development of the Tests - 1025 Words

We live in a legal system in which we all have a duty to protect other persons from harm. The question the court must examine is what degree of duty exists under what specific circumstances. Although there were some attempts in the late 19th century to develop a general test, there was no accepted test until 1932. Oslash; The neighbour test The classic formulation of the  ¡Ã‚ ®neighbour ¡Ã‚ ¯ test of Lord Atkin in Donoghue v Stevenson [1932] AC 562 is the most frequently cited attempt to rationalize the duty of care:  ¡Ã‚ °You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.  ¡Ã‚ ± Who then in law is my neighbour? He defined the neighbour as  ¡Ã‚ °persons who are so closely†¦show more content†¦There must be sufficient proximity between the plaintiff and the defendant, and the court must consider it just and equitable to impose a duty of care. So the test enunciated in Caparo appeared to be applied by courts as the traditional approach. Oslash; The present position Developments since Caparo indicate that the period of retraction may well be over and an era of new expansion began. For instance, the builder ¡Ã‚ ¯s liability in negligence extends to later owners of the property who were not the building ¡Ã‚ ¯s original owner  ¡Ã‚ ª e.g. Bryan v Maloney (1995) 182 CLR 609. Another important case is Perre v Apand Pty Ltd (1999) 198 CLR 180. In this case, the court held that D was in breach of its duty of care to prevent economic loss to the neighbouring potato growers (P) when it supplied the inon-certified at-risk seed to the potato grower, because it was foreseeable for D concerning the likelihood that neighbours might be harmfully affected, and the physical harm is not a pre-condition to liability in negligence for economic loss. It confirms that a person can claim damages for economic loss without having to show injury to person or property. Euml; Conclusion To sum up, compared with the traditional test set out in Donoghue or Caparo, the concepts on the existence of duty of care are put forward such as  ¡Ã‚ ®foreseeability ¡Ã‚ ¯,  ¡Ã‚ ®proximity ¡Ã‚ ¯ until today. And the cases suggest that the proper approachShow MoreRelatedPfeiffer University : University Application Requirements Essay1025 Words   |  5 Pagesmodest liberal arts college located in an average, small town. The university maintains historical ties with the United Methodist church, but they also offer innovative and engaging academic programs. Pfeiffer University has campuses in Misenheimer, which offers traditional undergraduate degrees, Raleigh-Durham, which offers graduate degrees and Charlotte, which offer graduate and professional degrees. The historical undergraduate campus in Misenheimer, North Carolina is located 40 miles northeast ofRead MoreThe Legal Systems Of The World-1662 Words   |  7 PagesAs the world is moving forward, the need for unified law is increasing. That is why mixed legal jurisdictions are being able to accommodate modern laws into their own jurisdictions. Several jurisdictions in the world have mixed legal heritage, as different countries have ruled them but some of the countries tend to adopt laws from other jurisdictions. Philippines is country who has a very strong mixed legal heritage and Japan also adopted law from U.S.A. Sometimes minority in a society also demandsRead MoreIndigenous Cultures in Indonesia Today1014 Words   |  5 Pageswho fought the Dutch colonialists in the 21st century. During this period, there were cultural stresses that the colonialists like the Dutch, the Portuguese and others brought to the indigenous people.   The national culture is built having its, historical roots, institutions, values, beliefs and customs that were shared by many of the indigenous people. It is still being improved in the 21st century making it undergo certain stresses. This paper seeks to analyze to what extent corporate interestRead MoreThe Basic Function Of The Securities Market1618 Words   |  7 PagesMarket efficiency refers to the degree to which stock prices reflect information that affects price changes. The basic function of the securities market is the effective allocation of capital resources to promote the healthy and rapid economic development. The higher the effectiveness of the marke t, the more rational allocation of funds. Stock prices reflect information faster and more comprehensive, the securities market will be more efficiency. According to the reflection of stock prices to differentRead MoreThe Employment Status Of An Employee1424 Words   |  6 Pagesprogress of society as well as technology, the nature of employment becomes more complex. Thus the employment status becomes vague, and in the event of employment disputes, the employment status is evaluated by the court of law based on the test of mutuality of obligation. The test of mutuality of obligation used in relation to the establishment of the employment status is closely related to employment rights. Many employment rights are highly dependent on the ability to establishRead MoreEconomic Development : The Republic Of Financial System1542 Words   |  7 Pagesfinancial transformation to help them reintegrate into the global economic market. The transformation with the purpose of improving economic development involved labor market, enterprises restructure, governance, policy, privatization and the most important one: financial system. Financial system plays an essential role in every country’s economic development. It helps reasonably allocate resources, provides risk-sharing opportunities and assists entities economize costs. However, the process ofRead MoreOperational Audit1064 Words   |  5 Pages †¢ Examinations of all or part of an entity to determine the degree of its operational efficiency, effectiveness and economy. †¢ Also refers to the auditor’s study of business operations for the purpose of making recommendations about economic and efficient use of resource, effective achievement of business objectives and compliance with company policies. †¢ The term operational auditing is the most widely used today. †¢ Definition of terms o OPERATIONAL – implies a focusRead MoreWhy I Decided For Business Management From The University Of Cape Coast, Ghana1228 Words   |  5 Pagesearn a bachelor’s degree in Business Management from the University of Cape Coast, Ghana, which adds me to the few folks in my community who have gone this far. This has given me extra edge to work harder and further on the educational ladder. In order to be sure on which aspect of Business to concentrate, I opted for Business Management as a general undergraduate degree program, which gave me the opportunities to learn and to test all aspects of Management and Business and that has helped me to knowRead MoreThe Relationship of NGOs and CSR813 Words   |  3 PagesThe essence of Corporate Social Responsibility (CSR) is that businesses should be self-regulating in their strategic and tactical business models that ensure they are in compliance with the moral, ethics, and standards of stakeholder expectations and the law. The goal , of course, is to encourage moral actions so that it does not become necessary for governments to legislate compliance (Kotler Lee 2003). CSR has been increasingly important in the global arena after the Enron scandal, and is a trendRead MoreSchool Profile : University Of Notre Dame Essay995 Words   |  4 PagesSchool Profile: University of Notre Dame The University of Notre Dame is a Catholic college located in suburban Indiana. The historical campus is an astounding 1,250 acres large. The university was founded in the 1840s by a local priest. Today, many priests still serve as staff, teachers and leaders. Notre Dame is four-year University that is continuously ranked among the top universities in the country and the world. The university receives over $10 billion of endowment funding, so they are one

What Is Dumbing Down Americ Media Zombies Or Educational...

What Is Dumbing Down America: Media Zombies or Educational Disparities Uzuazokaro Anthony Eli Bacon Thursday 11:10am Central Idea: The society we live in today blames popular culture for destroying the lives of most young ones. Critics come up with conclusions that pop culture is the cause of educational failure. But they fail to look at the real reasons why we have a lot of young ones who cannot graduate from high school or even afford a quality education. My aim is to convince my audience that there is a lot going on in our society other than pop culture when it comes to education and learning. I. Introduction: They say that popular culture does not help us understand the educational experiences of the young ones whose families have little or no education and at the same time live in communities where there are unequipped schools. They claim that the internet is â€Å"rewiring† young people’s minds, young ones being given the opportunity to choose between the â€Å"pull of popular and the push of schooling†, choose the former. They prefer Justin Bieber to Isaac Newton. News stories say that in order for kids to be able to graduate from high school, they have to reject the â€Å"nonsense† they are being exposed to in our pop culture. II. All these stories insinuate that popular culture is directly opposed to education and knowledge and that this prevents learning. A. But they fail to address the massive budget cuts that many public schools have to endure. B. They fail to address the

Lecture Notes and Case Study for Confronting The Costs Of War

Question: Discuss about the Confronting The Costs Of War: Military Power, State, And Society In Egypt And Israel? Answer: Introduction This particular assignment is based on the backdrop of The Suez Crisis that created waves of imbalances among some of the major military power holders of the world, France, United Kingdom and Israel for capturing Egypt, specifically the Suez Canal (Smith, 2014). A brief summary of Risk Assessment will be provided along with highlighting the Ends- Ways-Means Matrices from National and Militarys point of view will be highlighted. Risk assessment of the Egyptian Strategy to eliminate the Suez Crisis will be reviewed by highlighting the Feasibility, Acceptability, Suitability and Imbalances of the consequences of the crisis. Summary of Risk Assessment After gathering detailed ideas about the Risk Assessment about Egyptian efforts (Defense) during the Suez Crisis, it can be stated that the risk assessment plan was suitable to provide an independent status of the canal and strengthening the economy through cultivation and gradual strengthening of the military forces. National E-W-M Matrix NATIONAL ENDS WAYS MEANS 1. Avoiding war or war like situations with the close alliances of Egypt 1. Egypt signed war agreements and treaties with alliance countries like Syria, Jordan and Saudi Arabia in order to neutralize the chances of Israeli attack on Egypt 1. With no further scope of investment in defense, Egypt strategically gained support of the neighbor states to put up a strong protest against Suez Threats 2. Creating effective combined military forces in order to create a strong strategic alliance to counter threats from Israel and countries like Britain and France 2. Providing a clear message to Israel to think seriously about Nassers Arab Alliance during the violence in case of border related raids and attacks between Jordan and Israel 2. Regulating the river Nile for transportation as well as creating revolutionary agricultural movements throughout Egypt 1. Construction of the Aswan High Dam along the coast of the river Nile and at the same time President Nasser took the leap forward to create a diplomatic Egyptian nation 1. Positioning Egypt as an independent nation and creating opportunities for Egyptians to possess better ways of earning through cultivation 2. Upholding Soviets Lucrative assistance regarding construction of the Dam, narrowing the scope of British assistance as well as strongly highlighting the strategic alliance of USSR to fight against any further British invasion 2. Forcing British prime Minister Anthony Eden to pay 100 % canal usage money to Egypt government after Americas diplomatic action forced Britain to nationalize the Suez Canal Table 1: National E-W-M Matrices (Source: Crosbie, 2015) Military E-W-M Matrix MILITARY ENDS WAYS MEANS 1. Egypt strengthened the Sinai Peninsula by taking military help from USSR and Poland to neutralize the Israeli, French and British conflict along the Sinai peninsula, over the claim of the Suez Canal. Formation of the Czech Arms Deal 1.Entering into an agreement with the Soviet Union and Poland to exchange weapons in return of basic commodities 1.Egypts low financial resources debarred any further investment in warfare, hence exchanged Rice and cotton to receive Armored personnel carriers, Fighter aircrafts, Assault guns, bombers, boats, submarines and destroyers 2. Modernization of the Egyptian army by providing training 2. The Egyptian soldiers were not properly educated regarding the usage of the exchanged weapons. Hence, the trainers and advisors from Britain and Germany appointed by the Soviet military forces provided long- term training to the Egyptian forces to make them capable to handle the new weapons 2. Immediate Defense planning to neutralize the chances of future Israeli attacks along the Egyptian Israeli Frontier 1. Strengthening the defense in the North- East portion of the Sinai Peninsula 1. Positioning the Egyptian battalions, with newly equipped weapons in the North East frontier to prevent further Israeli attacks along the Peninsula 2. Defending the Canal from extensive Israeli invasion in future 2. Though Egypt had no plans to attack Israel, but Egypt was well prepared to face any sort of Israeli strategic attacks by undertaking offensive planning strategy that clearly hinted about counter attacking the Israeli forces Table 2: Military E-W-M Matrices (Source: Stocker, 2014) Risk Assessment Feasibility The risk involved in the process was not convenient at all, and at the same time, Egypt had to sacrifice a subsequent portion of their Military forces in from of the combined attacks of Israel, France and Britain. Nasser, the Egyptian president created strategic alliances with Arabian countries and exchanged weapons to keep away the invasion along the Sinai Peninsula (Rubinstein, 2015). Acceptability The risk taken by Egyptian president Nasser was quite acceptable because the strategic decisions taken from the context of the Nation and the Military forces blocked the possibilities of further Israeli and British invasions. At the same time, Nassers strategy to gain nationalization of the Suez Canal by rejecting British and American sponsorship and accepting Soviets financial assistance paved way of a strong Egyptian economy (Smith, 2013). Suitability Nassers strategic decisions suited the Nations economic development plans effectively, but the decision to exchange Soviet war weapons without proper training and education opportunities for the soldiers proved costly. The Israeli airstrikes destroyed Egyptian war vehicles and most importantly with 30 qualified pilots, Egypt remained a failure in warfare until Arab Alliance was constructed (Crosbie, 2015). Imbalances The only imbalance in the risk assessment was the exchange of Soviet warfare weapons, without having prior knowledge to use them. Long-term training program was undertaken to make the Egyptian soldiers capable to operate the aircrafts and bombers. During this period, 150 Egyptian aircrafts were destroyed during the Musketeer attack (Barnett, 2012). References Barnett, M. N. (2012).Confronting The Costs Of War: Military Power, State, And Society In Egypt And Israel. Princeton University Press. Crosbie, S. K. (2015).A tacit alliance: France and Israel from Suez to the Six Day War(Vol. 7). Princeton University Press. Rubinstein, A. Z. (2015).Red Star on the Nile: The Soviet-Egyptian Influence Relationship since the June War. Princeton University Press. Smith, A. (2013). Resignation of a First Sea Lord: Mountbatten and the 1956 Suez Crisis.History,98(329), 105-134. Smith, S. C. (2014). Guy Laron. Origins of the Suez Crisis: Postwar Development Diplomacy and the Struggle over Third World Industrialization, 19451956.The American Historical Review,119(4), 1398-1399. Stocker, J. (2014). Origins of the Suez Crisis: Postwar Development Diplomacy and the Struggle over Third World Industrialization (19451956).Cold War History,14(2), 281-282.