Tuesday, January 28, 2020
pure economic loss negligence
pure economic loss negligence Many losses resulting from tort could be described as economic; the term is usually used to cover losses which are purely economic meaning those where a claimant has suffered financial damage that does not directly result from personal injury or damage to property, as when a product brought turns out to be defective, but does not actually cause injury or damage to other property. Catherine Elliott Frances Quinn (7th Edition). A plaintiff can claim in negligence if he suffers financial loss due to negligent mis-statement.Special relationship between parties and the special skill represented by the defendant together with Reliable reliance are the necessary elements required by a Plaintiff for establishing a liability in a professional negligence action.  Alberts trust and action can be discounted, as Barry was not qualified to provide professional advice pertaining to investment decisions. Also, the advice was imparted in a social set up and thus held little trust for serious consideration. Lastly, Albert had not specially requested for considered advice, mentioning to Barry that it would be adhered to. Therefore, the condition of notion of proximity was not satisfied. According to Lord Devlins formulation, a duty of care arose only when there existed a relationship Equivalent To Contract[1], between the claimant and the defendant, an application of the general conception of proximity, between the two parties. In the given scenario a special relationship between the parties was non-existent. Alberts reliance on Barrys advice was unjustifiable, as the loss suffered here was not attributable to the defendants negligent mis-statement; he had not voluntarily assumed responsibility towards the claimant. A duty of care would only arise if the defendant foresaw the claimants reasonable reliance on his statement. The case of HEADLEY BYRNE CO. LTD v HELLER AND PARTNERS LTD[2](HOUSE OF LORDS, 1964) applies to the given situation. Here the court held that if a professional person in the course of his business imparted advice, knowing that it was being relied upon, then he owed a duty of care to that person, to exercise reasonable care and skill, failing which, he would be liable in negligence. However, a disclaimer prevented any duty of care from arising. Since, the above is not applicable to Barry, he did not owe any duty of care to Albert. The advice I would give Albert is not to take recourse to legal proceedings. With so many factors working against him, the chances of a successful outcome were highly unlikely. It would be time consuming besides not being monetarily feasible. The claim being made in the County court would require regular legal payments and he might also end up being responsible for the legal costs of Barry since it would be difficult to prove that the loss was only due to Barrys negligent mis-statement. CASE II Although the claimant did not pay to receive the information, the essential element of  proximity between the defendant and claimant existed. Jim was aware that his advice would be acted upon in a specific way, making him responsible for the provision of accurate advice, which he failed to provide. Parties bound in a contractual relationship owe a duty to be careful while providing statements to the contracting party.  Reliance by the Plaintiff was reasonable as she had particularly requested considered advice. Therefore, although it was not in Jims professional capacity to provide legal advice, he owed her a duty of care.           The significant effect of the reliance element can be illustrated by MORGAN CRUCIBLE CO PLC V HILL SAMUEL BANK[3] (1991) where the court held that defendants were liable for the claimants losses. It was reasonable for the claimants to rely on the defendants advice since the advice had been specifically prepared for the purpose of the take-over bid. The negligent professional owed a duty of care to the identified client.             In the HEADLEY BYRNE CO. LTD v HELLER AND PARTNERS LTD (HOUSE OF LORDS, 1964) case, the bank was sufficiently precise, disclaiming any responsibility, thus preventing any duty from arising[4]. Jim however, did not indicate that the advice given was subject to a disclaimer and that it should not be relied upon, therefore, proving Mrs Smiths reliance on his statement as foreseeable and reasonable.             In the CAPARO INDUSTRIES PLC v DICKMAN[5] (1990) case the court held that no duty of care was owed to the claimant. The accounts were not for the purpose of providing advice regarding investment decisions. There was insufficient proximity between the claimant and the defendants as the accountants were unaware that the claimants intended using the accounts as guides for investment. Although, Jim could argue that he lacked the required skills to provide advice regarding claims and that she should have made use of independent advice, this maybe shunned on the grounds that he was consciously aware of the claimants intention of adhering to his advice. The advice I would give Mrs Smith is to impose a claim, as the loss suffered by her because of not claiming her insurance was attributable to the defendants negligent mis-statement. He had voluntarily assumed responsibility towards her and therefore it was his duty to find out about any changes in law that affected her position. He owed her a duty of care and was clearly in breach of that duty. It would be reasonable to sue him in the County Court in order to make good the loss or otherwise try for an out of court settlement to avoid legal costs. CASE III             The loss suffered here resulted from a negligent act, the basic rule for which is that a person can sue for economic loss consequent on physical loss suffered by the person, but may not sue if he has suffered economic loss alone. However, an exception to this rule is when there is sufficient proximity between the parties and one element in this maybe reliance by one on the other.             The loss arising from direct damage to Percys crops was an economic loss. The loss on profit arising from his inability to sell the damaged crop was a consequential economic loss'[6]. Financial loss due to his inability to plant and sell a further field of crops because of the state of the land was a pure economic loss'[7].             SPARTAN STEEL v MARTIN CO[8] (1973) is a case holding relevance in the given context. The court held that the claimants could only recover for the physical damage to the melt in progress, plus loss of profit on that melt, but not for the profits they would have made while the power was off. The damage to the melt was an economic loss while the loss of profit on that melt was consequent thereon but loss on profit caused by the power cut was not directly consequential upon any damage done and therefore a pure economic loss, and not claimable. Percy can therefore claim for the economic loss as well as for consequential losses thereon. However, he cannot recover the pure economic losses that were independent of the physical damage. Pure economic losses are usually not compensated for a number of reasons, including but not limited to the courts fear of the floodgate[9] problem. Even in the case of MURPHY v BRENTWOOD[10] (1990,HL) the House of Lords held that no duty of care existed in case of apparent defects. The cost of remedying the defect was purely an economic loss and not recoverable.              Therefore, it is recommendable to pursue a legal claim in the County court for the loss Percy suffered as a result of damage to his crops and on the consequential losses but not for the pure economic losses. Preceding cases give sufficient assurance that Percy could claim for the former two. Since the losses suffered were quite large it would be reasonable for Percy to go ahead with legal proceedings. Word Count: 1324
Monday, January 20, 2020
Jose Saramagos Blindness Essay -- Jose Saramago Essays Blindness
     When defining the word blindness, it can be interpreted in various ways. Either it can be explained as sightless, or it can be carefully deciphered as having a more complex in-depth analysis. In the novel Blindness, Jose Saramago depicts and demonstrates how in an instant your right to see can be taken in an instant. However, in this novel, blindness is metaphorically related to ‘seeing’ the truth beyond our own bias opinions. Saramago’s novel clearly illustrates themes that describe the importance of the awareness of others, in terms of feeling oppressed by fear, lack of trust, dehumanization, and segregation. He describes in full detail the importance of the government’s involvement in the lives of the blind victims, which allows the reader to understand and recognize our own societal misfortunes in health care, as well as other world problems. For example, our government allows Hispanic women to be eligible for â€Å"Medicaid or state-sponsored child health insurance programs, yet many Hispanic American families fear that enrolling family members in such plans could be used against them when they apply for citizenship†(Minority Women’s Health). Not only are Hispanic Americans afraid of getting ill while without health care, but they also fear that having health insurance could devastate their chances of acquiring a citizenship. Moreover, the government is obviously not seein g the pain and suffering through the eyes of the less fortunate, and in turn robs them of their freedom and vulnerability for being in a lower class.      In Saramago’s novel, the government’s commands, instant decisions, and fears about the blind epidemic is what the blind infected, vulnerable characters are terrified about the most. â€Å"Look here, blind man, let me tell you something, either the two of you get back to where you came from, or you’ll be shot [†¦] they’re terrified and are only obeying orders†(63). With a large number of people going blind quickly and with no apparent cause, public health officials’ panic and the blind internees are not only afraid for their lives in terms of their sickness, but they are also terrified of the government’s command to shoot and kill the infected internees. The most important things in life is not power and the ability to instill fear on others, it is compassion, love, and understanding. Without these three qualities, we become blind t... ...and can be set aside, has an absurd psychological way of thinking. People should not devalue others’ because they are â€Å"weaker,†or â€Å"different†from him/her. â€Å"Fear can cause blindness, said the girl with the dark glasses, Never a truer word, that could not be truer, we were already blind the moment we turned blind, fear struck us blind, fear will keep us blind†(Saramago 129). In today’s society, people are more concerned with their own â€Å"little world,†rather than looking at the extensive perspective of life. One reason why people can sometimes be classified as being â€Å"blind†is because people fear the unknown, and rejects the unfamiliar. Many people are not comfortable with stepping out of their shell and exploring their surroundings, let alone trying to look through the eyes of the segregated minority. In the novel Blindness, Jose Saramago metaphorically uses the word â€Å"blindness†as a term meaning, the truth that we cannot bear to see. To avoid the outside world, many people tend to shelter themselves from the obvious reality, and tend to focus of their â€Å"own†meaning of r eality. However, when our vision is stripped from our secluded selves, reality is all you can truly â€Å"see.†Jose Saramago's Blindness Essay -- Jose Saramago Essays Blindness      When defining the word blindness, it can be interpreted in various ways. Either it can be explained as sightless, or it can be carefully deciphered as having a more complex in-depth analysis. In the novel Blindness, Jose Saramago depicts and demonstrates how in an instant your right to see can be taken in an instant. However, in this novel, blindness is metaphorically related to ‘seeing’ the truth beyond our own bias opinions. Saramago’s novel clearly illustrates themes that describe the importance of the awareness of others, in terms of feeling oppressed by fear, lack of trust, dehumanization, and segregation. He describes in full detail the importance of the government’s involvement in the lives of the blind victims, which allows the reader to understand and recognize our own societal misfortunes in health care, as well as other world problems. For example, our government allows Hispanic women to be eligible for â€Å"Medicaid or state-sponsored child health insurance programs, yet many Hispanic American families fear that enrolling family members in such plans could be used against them when they apply for citizenship†(Minority Women’s Health). Not only are Hispanic Americans afraid of getting ill while without health care, but they also fear that having health insurance could devastate their chances of acquiring a citizenship. Moreover, the government is obviously not seein g the pain and suffering through the eyes of the less fortunate, and in turn robs them of their freedom and vulnerability for being in a lower class.      In Saramago’s novel, the government’s commands, instant decisions, and fears about the blind epidemic is what the blind infected, vulnerable characters are terrified about the most. â€Å"Look here, blind man, let me tell you something, either the two of you get back to where you came from, or you’ll be shot [†¦] they’re terrified and are only obeying orders†(63). With a large number of people going blind quickly and with no apparent cause, public health officials’ panic and the blind internees are not only afraid for their lives in terms of their sickness, but they are also terrified of the government’s command to shoot and kill the infected internees. The most important things in life is not power and the ability to instill fear on others, it is compassion, love, and understanding. Without these three qualities, we become blind t... ...and can be set aside, has an absurd psychological way of thinking. People should not devalue others’ because they are â€Å"weaker,†or â€Å"different†from him/her. â€Å"Fear can cause blindness, said the girl with the dark glasses, Never a truer word, that could not be truer, we were already blind the moment we turned blind, fear struck us blind, fear will keep us blind†(Saramago 129). In today’s society, people are more concerned with their own â€Å"little world,†rather than looking at the extensive perspective of life. One reason why people can sometimes be classified as being â€Å"blind†is because people fear the unknown, and rejects the unfamiliar. Many people are not comfortable with stepping out of their shell and exploring their surroundings, let alone trying to look through the eyes of the segregated minority. In the novel Blindness, Jose Saramago metaphorically uses the word â€Å"blindness†as a term meaning, the truth that we cannot bear to see. To avoid the outside world, many people tend to shelter themselves from the obvious reality, and tend to focus of their â€Å"own†meaning of r eality. However, when our vision is stripped from our secluded selves, reality is all you can truly â€Å"see.â€
Sunday, January 12, 2020
Do you consider Mr and Mrs Bennet to be good parents? Essay
I do not consider Mr or Mrs Bennet to be good parents. Jane Austen does not present them in a favourable light and I think anyone who reads this novel would get the impression that they are not good parents. A responsibility of fathers in society in Austen’s day was to provide financially for his children so they have secure futures. However, Mr Bennet does not do this. He pays little thought to the girls’ futures and seems to be a man who does not really consider anything seriously. We know this because Austen tells us, after Lydia had run away and Mr Bennet believes himself in the debt of Mr Gardiner, that Mr Bennet had often wished that he had saved an annual sum for the â€Å"better provision of his children, and of his wife†and that now he â€Å"wished it more than ever.†This shows us he is unthoughtful and makes foolish decisions, which later on he regrets. Mr Bennet does not take anything seriously or talks to Mrs Bennet with respect or seriousness. This means the girls do not grow up in a very happy or secure home. The parents’ marriage has not gone well and Mr Bennet only married Mrs Bennet on account of her â€Å"youth and good humour†. We learn of his lack of respect for her as he tells her, after hearing her complain about her nerves, that he respects her nerves and says, ‘They are my old friends. I have heard you mention them with consideration these twenty years at least’. He enjoys teasing his wife and pretends that he hasn’t visited Bingley – just to see the shock on his wife’s face when he tells them. He is actually very cruel to Mrs Bennet, as she does not understand his sarcastic wit. This lack of understanding is reflected in Lydia, who has grown up to believe that jokes, even cruel ones, are the way to behave, thanks to her father’s behaviour and influence. In her letter telling of her elopement as she wrote to Mrs Forster, she sys that she will laugh and ‘what a good joke it will be’. A mother in Austen’s day should be responsible for helping her daughters find husbands. This seems to be Mrs Bennet’s strong point but she seems to let this objective take over. Rather than considering their present state, she is always thinking about the future and is prepared to embarrass her girls in order to give them a chance to marry well. For example, on page 27, Mrs Bennet makes Jane ride on a horse in the hope that it might rain so she would become ill and ‘stay all night’ in Bingley’s house. Austen writes that Mrs Bennet was ‘delighted’ when a downpour started. This shows inconsideration, little motherly love and that Mrs Bennet is obsessed with Bingley marrying Jane. Jane could have been taken seriously ill. This does not show that Mrs Bennet is a good parent. Another responsibility of the mother was to bring up her children in a well-bred manner. I will explain in the following paragraphs how clearly Mrs Bennet does not do this. Mrs Bennet is an attention seeker. This is shown in her continual frustrated complaints about her ‘poor nerves’. After Lydia has run away she tells anybody who will listen that she is ‘frightened out of my wit†¦such spasms in my side, and pains in my head, and beatings at heart that I can get no rest†¦Ã¢â‚¬â„¢ She also predicts her future in such a sorrowful way as to gain attention – she says to the Gardiners that Mr Bennet will die in a fight with Wichkam and the Collinses will turn her out of her home. She feels sorry for herself and states ‘but I was over-ruled, as I always am’. This is resulting from the lack of respect Mr Bennet shows her. We can see this reflected in Mary at the Netherfield ball, where she gets up to sing and play the piano. She is seeking attention and is proud of her accomplishments, although Austen tells us her voice is ‘weak’. At the Netherfield ball, Mrs Bennet embarrasses Lizzy by talking loudly near Darcy about Jane and Bingley and the Lucases. When entreated by Lizzy to quieten down, she replies, ‘I am sure we owe him (Darcy) no such particular civility as to be obliged to say nothing that he may not like to hear’. In Austen’s day this behaviour would have been absolutely unacceptable and looked on with contempt as Mrs Bennet shows ill breeding. This encourages the girls to be gossips, tactless and rude. Mrs Bennet does nothing throughout the novel to teach and instruct her five girls of how to behave in society, that is, apart from how to find husbands. Mrs Bennet has violent mood swings. When she first heard of Lydia’s elopement she was in ‘hysterics’ and complained of ‘tremblings†¦spasms in my side and pains in my head’ and said Mr Bennet would be killed and they would be turned out of their home. When she heard that Lydia and Wickham were to be married, she immediately forgot her pains and sorrows and told everyone ‘I knew how it would be’. Mrs Bennet also does not show gratitude – a bad influence on her daughters. When apparently Mr Gardiner pays Wickham to marry Lydia, she says that ‘who else should do it but her own uncle’. This quality is reflected in Lydia, who is never grateful for anything. We can also look at the way the parent treat their daughters directly, as well as subtly influencing them. Both parents show favouritism. Mr Bennet to Lizzy because of her sense and wit, Mrs Bennet to Lydia for being like herself, and also to Jane for her beauty. Mr Bennet also insults his children, instead of gently putting them on the right path. He tells them they are ‘silly’, especially Lydia and Kitty – ‘you must be two of the silliest girls in the country’. Mr Bennet does not seem to try all at being a good father. He ignores all his children but Lizzy. Mrs Bennet does not seem to have time for her daughters except Lydia and Jane. We can also look at the Mr Bennet’s reaction to Lydia running off with Wickham. He blames himself for he let Lydia go to Brighton although Lizzy warned him against it. Even in his guilt, Mr Bennet is sarcastic by telling Lizzy to allow him to feel guilty for once and then says, ‘I am not afraid of being overpowered by the impression. It will pass away soon enough’. Then he tells Kitty that she cannot go out of the house until she has proved herself to be sensible – and Kitty bursts unto tears at this. Previously, I have looked at what the Bennet parents are like to see how good parents they are, but if we look at the Bennet sisters, we can see how they have been brought up, and the parents’ qualities will reflect in the daughters. Lydia is a flirt, has no self-awareness and is very immature. We see this in the way she pleads to go to Brighton so she can mix with the officers there. When she is invited, Austen tells us in her imagination, Lydia sees herself â€Å"seated beneath a tent, tenderly flirting with at least six officers all at once†. Mrs Bennet encourages Lydia by telling her of her own childhood flirtations – â€Å"I cried for two days when Colonel Millar’s regiment went away. I thought I should have broke my heart!†In Austen’s day flirting would have been looked upon as unacceptable behaviour. And Lydia is fifteen, which is much to young to go to Brighton with the officers and this is proven by her immature elopement. Kitty has a very weak character resulting from a lack of teaching and discipline from the Bennet parents. We see this in the way she constantly follows and copies Lydia. She backs her up when arguing about going to Brighton, and only when she is completely separated from Lydia does she improve. Austen tells us – â€Å"removed from the influence of Lydia’s example, she became, by proper attention and management, less irritable, less ignorant, and less insipid†. Only two out of the five girls are really a credit to Mr and Mrs Bennet – Jane and Lizzy. Jane is very caring and always sees the best in people. Even when she knows Wickham’s true character she refers to him as â€Å"Poor Wickham!†Towards the middle of the novel, Lizzy is beginning to see her family in the same light as outsiders would and becomes aware of their many failings. She also develops more self-awareness, which her parents did not teach her. Lizzy does show one of her father’s traits – her humour. Lizzy makes a joke out of the hurt Darcy caused by ‘slighting her’. Austen writes, ‘she had a lively, playful disposition, which delighted in anything ridiculous’. This is shown in her father at the Netherfield ball, where Mr Collins embarrasses the family and Austen writes, ‘no one looked more amused than Mr Bennet himself’. To conclude, from Austen’s use of language and the impression she gives, I believe Mr and Mrs Bennet are not good parents.
Friday, January 3, 2020
Globalization Through The Eyes Of Soccer - 1441 Words
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Globalization, in essence, is the interaction, collaboration, and sometimes even conflict, between people of different nations; soccer embodies this idea heavily. For instance, in 1904, seven European nations founded the Federation Internationale de Football Association (FIFA), creating the foundation for the behemoth of an organization that it is today (McMahon 11/8/2016). The idea behind the association was to have a governmental body that could control and dictate international matches, as well asShow MoreRelatedHow A Wild Tongue By Gloria Anzaldua And How Soccer Explains The World : An Unlikely Theory Of Globalization1309 Words  | 6 Pagesexperienced where he or she does not fit in a certain type of group or society because they are not accepted through the rest of society. 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