Introduction to Tort Law, Negligence

Introduction to Tort Law, Negligence Law is a system of rules created by the government in order to regulate and protect the society. Law is highly important to protect the rights of every member of the society from being harmed by others or even by themselves. The first case under analysis is related to Phil, who is a freelance airline catering truck driver and is being prosecuted for carelessly knocking down Colin while waiting at a set of traffic lights on the perimeter road of Heathrow Airport. On turning left at the lights Phil knocked down Colin, who sustained a broken collar bone, a broken leg and serious head injuries. Hilary, Colin’s wife, who was supposed to meet Colin at the traffic lights, witnessed the accident and suffered a nervous shock as a result. The other case refers to Ralf, a health and safety officer, who was visiting one of XYZ plc construction sites when was hit by a digger which Alex moved in order to get it out of the way of his truck. As a result, Ralf sustained two fractured ribs. Thi s assignment will have an analysis on both cases along with the claims that plaintiffs are able to bring and recommendations for the same. The modern tort of negligence has begun with the case of Donghue v Stevenson (1932). Negligence refers to conduct that falls below the standards established by law for the protection of others against unreasonable risk of harm. A person has acted negligently if he or she has departed from the conduct expected of a reasonable person acting under similar circumstances. Colin v Phil (2015) The parties in this case are Colin, who is the plaintiff, and Phil, who is the defendant. This case between Colin and Phil is a Tort of Negligence issue, under the civil law, as there is a breach of duty owed by the defendant to the plaintiff, resulting in damages to the plaintiff. Tort is a wrongdoing that results in injury to another person or damage to property. Cyclists, as legitimate road users, must follow all highway laws, and as they are especially vulnerable, should take extra care while at the highways. Trucks make wide turns and Colin should have been more cautious and waited behind the truck until Phil has completed the manoeuvre as the rear wheels come very close to the pavement while turning. At the time of the accident, Colin was wearing head phones, listening to an earlier â€Å"Legislative Frameworks† lecture, which is not considered illegal, however, it is unsafe as it reduces the individual’s concentration drastically. The rule 73 of the UK Highway Code states that â€Å"cyclists should pay particular attention to long vehicles which need more room than usual to manoeuvre at corners. Truck drivers may not see the cyclists. They may have to move over to the right before turning left. Cyclists should wait until the trucks have completed the manoeuvre as the rear wheels come very close to the kerb while turning. T he space between the long vehicles and the kerb should not be a temptation to cyclists†. Probably, if Colin was not wearing head phones, could have avoided this accident. Phil owed a duty of care towards Colin, therefore, the defendant is in breach of duty when fails to see Colin before turning left. Breach of duty occurs where a defendant falls below the standard of a reasonable person, in other words, he acted carelessly. Colin should be able to bring a claim against Phil due to his negligence driving – see Clenshaw V Tanner (2002). In order for Colin’s claim of tortuous liability to be succeed, primarily, certain fundamental factors need to be proved: i) the existence of a duty of care owed Phil to Colin; ii) Phil’s duty has been breached or broken; iii) the breach of duty resulted in Colin’s damage or injury. However, based upon Garatt v Saxby (2004), Phil may be able to reduce his damages if he proves that Colin’s negligence cycling has contributed to the accident by wearing head phones while cycling and standing on the nearside of his truck while waiting at the traffic lights – see Froom v Butcher 1976. Hilary v Phil (2015) In English law, claims for nervous shock are related to psychiatric injury or illness as a result of seeing or hearing an event caused by a negligent breach of duty. The leading case of Alcock v Chief Constable of South Yorkshire (1992), defines the primary and secondary victims and the requirements to be met by the latter. The secondary victim has to meet to be eligible to bring a claim, which is in addition to be owed a duty of care by the defendant. A claim for nervous shock is likely to be arise when an individual witnesses an accident in which a relative is injured. In order to succeed in a claim for psychiatric harm against Phil, Hilary will have to prove that she has a close tie and affection towards Colin, witnessed the accident with her own senses and proximity to the event and that her psychiatric illness was caused by it. Hilary witnessed her own husband Colin being severely injured when he collided with Phil’s truck at the lights, where was supposed to meet him. Th erefore, based upon Kelly v Hennessy (1995), Hilary would be able to bring a claim against Phil as she suffered a recognisable psychiatric illness caused by the defendant’s act. The parties in this case are Ralf, who is the plaintiff, Alex and XYZ plc, who are the defendants. This case between Ralf, Alex and XYZ plc is also a Tort of Negligence issue, under the civil law, as there is a breach of duty of care owed by the defendants towards the plaintiff, resulting in damages to the plaintiff. Ralf v Alex (2015) Every employees who work in construction sites have to be aware how dangerous their jobs may be in their workplaces. It is extremely important to make sure that every worker takes the all the precautions and wear safety equipment and follow all the safety rules while on site. Also, the employers and main contractors on duty have the obligation to provide a safe workplace and system of work. According to leighday.co.uk, 2 million people are currently employed in the construction industry, which represents only 5% of the employees in Britain, however, 22% of fatal accidents are related to this industry. Ralf sustained two fractured ribs as a result of being carelessly hit by a digger, which Alex was moving in order to get it out of the way of his truck. Alex, as a responsible construction employee, should be aware of the safety rules within construction sites and his prohibition of driving any vehicle on site, except his truck. Also, it is important to highlight that Alex was returning late from his lunch break at the time of the accident. Therefore, Ralph should be able to bring a claim against Alex due to his breach of duty, negligence driving and breach of contract, which led to causation, two broken ribs – see Donoghue v Stevenson 1932. Based upon Hadley v Baxendale (1854), breach of contract occurs when there is a failure to adhere to the terms of a valid contract. Ralf v XYZ plc (2015) As was already mentioned above, constructions sites are extremely dangerous environments, however, the employers or main contractors on site have the obligation to ensure the safety of any employees, contractors or visitors to the site in order to minimise any possible dangers. Ralf should be entitled to claim a compensation from XYZ plc to pay the medical treatments and cover the financial pressures from being unable to work, as the employers or main contractors on site have not done everything they could to stop him from being injured by Alex. Based upon Doughty v Turner Manufacturing Company(1964), this is an example of breach of duty of care as XYZ plc failed to provide a duty of care towards Ralph, resulting in damage on the safety officer. The supervisors on duty should be aware of what Alex was about to do and have stopped him. Duty of care is an obligation recognized by law requiring a person to conform to a certain standard of conduct for the protection of others. Finally, this assignment has provided an analysis of two cases. The first case is about Phil, a truck driver who is facing legal issues for carelessly knocking down Colin, a cyclist, at the perimeter road of Heathrow Airport, causing him serious injurious. As a result, Hilary (Colin’s wife who was supposed to meet her husband at the traffic lights), witnessed the accident and sustained a nervous shock as a result. The second case relates to Ralph, a health and safety officer, who was hit by Alex, a construction worker who is also facing legal issues for moving a digger in order to get it out of the way of his truck. As a result, Ralf has sustained two broken ribs. Along with the analysis, the assignment also provides a recommendation on both cases in order for the claims to succeed. 1520 Words References Hodge, S. (2004) Tort LAW, Devon: Willan Publishing Stone, R. (2008). The modern law of contract. London: Routledge-Cavendish. Harvey, B. and Marston, J. (2009). Cases and commentary on tort. Oxford: Oxford University Press. Elliot, E. and Quinn, F (2005) Tort Law. 5th ed. Essex. Pearson Education Ltd. Cooke, J. (2005),Law of Tort, 7thEdition.Pearson: Essex. vLex, (2015).Garratt v Saxby, Court of Appeal Civil Division, February 18, 2004, [2004] EWCA Civ 341,[2004] 1 WLR 2152 Case Law VLEX 52571340. [online] Available at: http://court-appeal.vlex.co.uk/vid/-52571340 [Accessed 6 May 2015] Leighday.co.uk, (2015).Construction industry accident claims | construction site compensation | leighday.co.uk. [online] Available at: http://www.leighday.co.uk/Illness-and-injury/Accident-and-personal-injury/Construction-industry-accident-claims [Accessed 6 May 2015]. Lawteacher.net, (2015).What is nervous shock? | Law Teacher. [online] Available at: http://www.lawteacher.net/free-law-essays/common-law/what-is-nervous-shock.php [Accessed 6 May 2015] Findlaw, (2015).Bicycle Accidents FindLaw. [online] Available at: http://injury.findlaw.com/car-accidents/bicycle-accidents.html [Accessed 6 May 2015] Irwin Mitchell, (2015).Construction Accident Compensation Claims | Irwin Mitchell. [online] Available at: http://www.irwinmitchell.com/personal/personal-injury-compensation/work-accident-illness-compensation-claims/construction-industry-accident-claims [Accessed 6 May 2015]

A Pair of Silk Stockings by Kate Chopin Essay

In the short story A Pair of Silk Stockings by Kate Chopin, we see a great example of realism in the daily life of an average woman after the civil war. Mrs. Sommers lived her early life with a decent amount of luxury, but after getting married and having several kids, she has become quite cautious with her money. She is known to make her careful calculations and bargain her way to a better price. This can be considered foreshadowing for the experience to come, as Mrs. Sommers loses herself to the greed and desire to have a life filled with opulence and pleasure once again. Due to her financial standing, Mrs. Sommers is very frugal and definitely knows the value of bargaining. She is also known for her unselfishness towards her children They’re on the top of her priority list, and wants to give them the very best. Just like any normal mother during that time period. When fate decides to set the 15 dollars in front of the caring mom, she immediately decides to spend it on her beloved children. She lays awake during the night and comes up with a specific plan for what she would use the money for; with everyone gaining from it. What a clever plan! This far into the story, it’s very realistic and plausible for a mother to be this caring and loving towards her family, especially during this time period. The next day however, she makes a couple mistakes even before she starts shopping. First, she is â€Å"faint and tired†. Two things result from this. Firstly, she sits down on a stool, resulting in her hand brushing against the silk stockings. Secondly, because of her fatigue, she is more likely to not have the energy to think properly or have the gumption to bargain like she usually does. Her second mistake was to go shopping on an empty stomach. This will come back to haunt her later, and aid in her frivolous spending. As Mrs. Sommers sits down on the stool and brushes against the silk stockings, she gives in to their â€Å"siren call†, and breaks down and purchases them. But it gets worse, she then goes to the shoe department and tried to find some matching shoes for her newly found stockings. She buys a very stylish pair of boots, but they too cost a little more than your standard foot covering. She then continues to buy a pair of gloves and a couple magazines; completing her breakdown of personal responsibility and self control in the clothing department. She then continues on to a cute little restaurant, and continues to splurge there, because of course, she hadn’t eaten before leaving home. She then gets in a cable car, and heads for home, wishing that it would continue on forever, never taking a stop. This whole encounter is a realistic view on how those who are not used to having riches, or those who used to have riches, and wish to return to their old life, are apt to become irresponsible with the money to which they have been blessed. It can certainly be easy to lose oneself to the worldly pleasures, especially if they aren’t thinking clearly due to fatigue or hunger. Especially during this time period, the people lived very frugally, since they didn’t have a high income, and this could be very grinding on those who are used to living in high opulence. It’s so important to remember that with great wealth comes great responsibility. And this is very apparent in A Pair of Silk Stockings.

Reasons for a Dysfunctional Family Essay

Reasons for in case of dysfunctional families/child abuse + neglect * Drugs/alcohol * Parents leaving kids to fend for themselves * Less belonging to churches + moral life lessons * Parent separation + divorce * Baby bonus may encourage people to have children for the wrong reasons What are the positive effects of a positive (good) self-esteem? ]Positive outlook Positive thoughts Good self-esteem level Good confidence Self Confidence 1. Self-confidence is the belief or feeling that a person has about themselves, which assists them to achieve in life. The development of self-confidence may be influenced by culture, environment, age, ability, life experiences, gender, parenting expectations. 2. The factors that may contribute to the positive or negative development is a poor outlook, poor body image, dysfunctional family. Your culture, environment, age, ability, life experiences, gender, parenting expectations. 3. The perceptions of femininity and masculinity on an individual’s development of self-confidence is strong gender classifications and stereotypes can make –girls in particular- feel less than boys. In some cultures, even in our own, females are pushed into a lesser mental state, not being able to achieve as much. 4. A) Achieves poor academics – negative B) Struggles to make friends – negative C) Takes on new challenges – positive D) Feels good about their achievements – positive Heredity 1. Heredity is the variation in individual growth and development is partly a result of heredity or genetic factors. Genes contribute to differences between males and females and between individuals of the same gender. They also contribute to the similarities between people. Accepting physical appearance and difference, along with other inherited traits, is an important part of development. Genes directly determine an individual’s hair, skin and eye colour, and certain health conditions. Heredity also has a strong influence on other individual characteristics, including height, weight, and even personality. Body shape is largely controlled by genetic characteristics and, although it may be altered by factors such as diet and exercise, it cannot be dramatically changed. 2. The factors that may impact positively or negatively on an individual’s development through heredity are: Positive – olive skin doesn’t blush, good health, tall, fast metabolism Negative – inherited disorders/illnesses, fair skin burn easily, very short, slow metabolism – prone to weight gain easily, drug/alcohol – negative traits (e.g. foetal alcohol syndrome), physical appearance that draws negative attention from peers, allergies (e.g. beestings, peanuts, grasses etc.) Environment Environment refers to the external (pressures) factors that influence an individual’s development. Environmental influences on individuals change as they move through their life cycle. Example – Baby is influenced by family, a child is influenced by child care/grandparents/carers, kid/teenager is influenced by peers and teachers at school. * Low socio-economic household * Unhappy/unsatisfied parents (angry household, lack of attention, child may be scapegoat, low esteem) * Loving, secure, stable household

The Exposure Of Chronic Stress And Trauma Essay - 1823 Words

For many of the young people at LAYN the violence and trauma they experienced throughout their life, almost always chronic and pervasive, is unimaginable. The vast majority of RHY and foster youth have experienced complex trauma, and the young people at LAYN are no different. These young people come to LAYN having experienced multiple and concurrent traumas throughout their short lifetime including: physical, emotional and sexual abuse-often within the caretaking relationship, community violence, victimization and sexual exploitation, extreme poverty and homelessness, parental mental illness, substance abuse and incarceration, and abandonment, illness and death. The traumas that RHY and foster youth experience are compounded by their attachment history, developmental stage in life and their experiences of discrimination and oppression throughout society. 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