Business Law in Australia (Tort) Case Study Example | Topics and Well Written Essays - 1000 words

Business Law in Australia (Tort) - Case Study Example Since such affected people are described as neighbours, the doctrine of duty is usually described as the neighbour principle. For the purpose of this doctrine a person's neighbours are individuals who are directly and proximately affected by act of commission or omission of that person. Subsequently, most of the developments have taken place in the rule of negligence. These developments have given another definition to the neighbour principle by Lord Wilberforce. In Anns v Merton London2, the House of Lords established a two - stage test. First, there should be an adequate Proximity or neighbourhood relationship in the reasonable observation of the defendant's negligence which would cause damage to the interests of the claimant. If this holds good then a prima facie duty of care becomes apparent. Second, it is essential to determine whether any issues exist, which hinder the applicability of the duty of care that is owed to persons, or that try to negate it wholly, or reduce its scope. However the two - stage test faced much criticism in respect of its applicability which is broad in its scope. As such the current test of duty of care in the areas of proximity, foresight and fairness in establishing the former had been adopted by the courts. Under this test, claimants were required to establish three aspects which they consider to be a duty of care. First, there should be a violation that could have been reasonably foreseen and which was certain to cause injury to persons in the claimant's position. Second, there should be a reasonable and adequate proximity between the parties and third, it should be fair, justifiable and reasonable to impose the liability. This test's interpretation has been evidenced in the case of Caparo Industries v Dickman3. In this case the decision of the Court of Appeal was rescinded by the House of Lords. If one accepts that the principle in Donoghue v. Stevenson4 to be precise, then by implication the decision of the House of Lords in the cases of Murphy5 is correct. In the Murphy case, the House of Lords did not grant compensation for the economic loss in relation to the damage caused to the building. It was considered to be unimportant, that this ruin was capable of harming other buildings and persons. Moreover, it was held that an impeachment of actual damage would result if there was public justification of negligence based entirely on the decision in Donoghue v. Stevenson. Furthermore, it was opined on the basis of the principle established in Donoghue v. Stevenson, that the normative importance of information that a flaw was hazardous was irrelevant after such a defect was noticed6. Lord Bridge opined in this context that if injury to a person or damage to a building was due to a latent flaw in the chattel, then the manufacturer was to be held liable for the damage caused. In addition, he stated that if the latent defect came to light prior to the occurrence of damage, then the principle established in the Donoghue v. Stevenson case would be inapplicable. Accordingly, the chattel, under consideration, would be deemed to be defective but not dangerous7. In the context of real estate, a builder would be liable for constructing a building that had dangerous defects. The builder would be held liable in the event of such a defect remaining undisclosed until personal injury or damage to some other property transpired. 250. This latency requirement has been abandoned and accordingly, the principle of

Do you ever feel as if your living between two worlds Essay - 1

Do you ever feel as if your living between two worlds - Essay Example I moved in the United States at the age of seventeen, and this was a major turning point in my life. The reason I moved here was to go to a good school and get a good education. In my country, education is greatly valued, and my parents thought that the US would offer me the best education in the world. I was really excited about what I would find here. However, my excitement quickly turned to apprehension once I landed at the airport as I realized that a whole new chapter of my life was about to begin. As a teenager, my life was not very smooth. When I came to the US things became even worse. I had very many questions about what I really wanted out of life. I had even more questions about what was right in terms of culture, family and values. I used to wander if not talking my language would really change who I really am. However, I did not have all the answers to all these questions and I realized that time was moving really fast and I had to settle down. I decided that I would try to leave as normal a life as possible since I believed that I held my destiny in my hands. I remember the first time I ventured out into the grocery store. This was only three days since my arrival in the US and everything was still strangely new to me. The people were different, and so were products and brands offered in the shops. Even the way customers were treated in these shops was very new to me. Back in Iran, I was used to looking at the price of products depending on their weight which was mostly in kilograms. However in the US, weight is measured in pounds, something that I took a really long time getting used to. I also had difficulties communicating fluently in English since I was used to speaking Farsi or Arabic back at home. I made a few friends with whom we used to do a few things together. However, having American friends did not help me settle down into my new culture as fast as I wanted. I could let them know of my