Donoghue V Stevenson - Free Essay Example

The fact in Donoghue V. Stevenson[1] was that the appellant drank a ginger beer that was bought by her friend in a cafÃÆ' © and she drank part of it from her cup. Her friend poured the rest and a decomposed snail was seen floating on the ginger beer. The nauseating sight coupled with the fact that the appellant had drank from it caused her shock and severe gastro-enteritis. She brought an action and the issue before the court was whether the manufacturer of an article of drink sold by him to distributor in the circumstances which prevent the customer/consumer from discovering by inspection any defect was under any legal duty to the customer/consumer. In searching for a principle of law, Lord Atkin used the comparative simplicity rule stating that the court should sought the duty which is common to all the cases where liability was established and base it on logical element common to the cases where it was found to exist[2]. Lord Atkin reinstated the general test for damages for negligence to be that the applicant must show that he had been injured by breach of duty owed by the defendant to take reasonable care to avoid such injury. This duty arises in circumstances where there was proximity and the defendant could reasonabl y foresee that the plaintiff would be affected by his negligence. Lord Atkinà ¢Ã¢â€š ¬Ã¢â€ž ¢s à ¢Ã¢â€š ¬Ã‹Å"foresee-abilityà ¢Ã¢â€š ¬Ã¢â€ž ¢ test was based on the premise that à ¢Ã¢â€š ¬Ã…“people are so closely and directly affected by my act that I ought to reasonably to have them in contemplation as being so affected when I am directing my mind to the act or omission which are called in questionà ¢Ã¢â€š ¬Ã‚ [3]. These were the principles that was common to all the cases decided and which Lord Atkins considered. In Le Lievre V. Gould[4] and Heaven V. Pender[5], the courts held that there was a duty to take reasonable care to another even in the absence of contract, where there is proximity to other person or that other personà ¢Ã¢â€š ¬Ã¢â€ž ¢s goods that he ought not to cause injury. This usually occur where A was so close to B or Bà ¢Ã¢â€š ¬Ã¢â€ž ¢s goods that he ought to take reasonable care not to cause injury to B or Bà ¢Ã¢â€š ¬Ã¢â€ž ¢s goods. These same si mple rules was evinced in the judgment of the court in the case of George V. Skivington[6], where the court held that there was a duty on the manufacturer to exercise reasonable care to the purchasers. It can be deduced that the duty of care exist where there is proximity or where it can be shown that the defendant can reasonable know that the plaintiff would suffer injuries by his failure to take reasonable care. The test laid down in the Donoghueà ¢Ã¢â€š ¬Ã¢â€ž ¢s case was that a liability in negligence for breach of duty of care would suffice if there was proximity between the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s action and the injuries was cause as a result of failure to take reasonable care. In Phelps V. London Borough of Hillingdon; Anderton V. Clwyd County council; Jarvis V. Hampshire County council; Re G (a minor)[7], the first case involved claim for negligence. The claimant who suffered from disability claimed that due to the failure of the defendant to provide adequate tuition and treatment he suffered injuries. In the second and third cases, the claimants who suffered from dyslexia claimed injuries as a result of their local education authoritiesà ¢Ã¢â€š ¬Ã¢â€ž ¢ inability to provide suitable educational provisions. In the fourth claim, the claimant who suffered muscular dystrophy claimed that the defendant failed to provide him with the adequate training facilities to enable him to communicate appropriately with others. The HL held that persons exercising a particular skill may owe a duty of care and the fact that they are employed by the defendants to satisfy statutory obligations does not mean that no duty of care is required in the performance of their duty. Accordingly, à ¢Ã¢â€š ¬Ã…“failures by educational psychologists, failure to diagnose a congenital condition and to take appropriate action was damage for the purpose of the common law and although questions of causation and quantum might be very difficult, there was no reason in pr inciple to rule out such claimsà ¢Ã¢â€š ¬Ã‚ . The decision of the House of Lords in this case reflects the principle of proximity and reasonable care of the case of Donoghue V. Stevenson to award remedy for injuries that arise out of failure to take reasonable care. Also in Large V. Waldron[8], the claimant claimed negligence for reasons of failure of the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s general practitioner to properly diagnose him and refer him to hospital when he had developed septicaemia and meningitis as an infant. The court held that the defendant failed in their duty of care and upheld the claimantà ¢Ã¢â€š ¬Ã¢â€ž ¢s claim. However, in light of recent decisions, the court seems to have departed from this comparative simplicity test that prevails in an action in negligence. In Van Colle V. Chief Constable of Hertfordshire, Smith V. Chief Constable of Essex[9], The case involves two victims (G S). G was murdered days before he testified as a witness in the trial of B. T here had been threats and incidence of witness intimidation before the murder. In S case, he had complained that his former partner (P) had threatened to kill him. The police had sufficient evidence to arrest P but failed to do so. While the matter remained under investigation, P caused severe injuries to the person of S using a claw-hammer. The claim in Gà ¢Ã¢â€š ¬Ã¢â€ž ¢s case was brought under the article 2 of the European Convention on Human Rights 1950. The test that the court had to satisfy is à ¢Ã¢â€š ¬Ã…“that the authorities knew or ought to have known at the time of the existence of a real and immediate risk to the life of an identified individual from the criminal act of the third partyà ¢Ã¢â€š ¬Ã‚  and they fail to take reasonable measures within their powers to avoid the risk, then their obligation under the convention is breached. The court held that that in this case, from the information available to the police they would not have anticipated that B consti tuted a risk to G. In S case, the action was on the tort of negligence. If one applies the test of Lord Atkin to this fact, the first issue will be to decide whether failure of police to act would amount to breach of duty of care where there is proximity between the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s action and the injuries caused as a result of failure to take reasonable care by acting on the complaint. There is no doubt that failure to act can amount to negligence if the defendant could reasonable foresee that his inaction may cause injuries to the plaintiff or the plaintiffà ¢Ã¢â€š ¬Ã¢â€ž ¢s property. However, in this case, the court failed to imply negligence in the police inaction and held that in the absence of special circumstances, the police owed no common law duty to protect individuals against harm caused by criminals. The introduction of a special circumstances clause to avoid liability clearly departs from the comparative test articulated by Lord Atkin in Donoghue V Stevenson. It suggests that the courts are limiting the necessary implication of the Donoghueà ¢Ã¢â€š ¬Ã¢â€ž ¢s test. In Hill V. Chief Constable of West Yorkshire[10], the case involved the murder of the plaintiffà ¢Ã¢â€š ¬Ã¢â€ž ¢s daughter within the area where the defendant was the chief constable. The murderer was convicted murder. The said murderer had attacked and murdered series of other females in the area in the previous years under the same circumstances. The plaintiff claimed on behalf of his deceased daughter estate remedies against the defendant in conduct of investigations into crime and for failure to apprehend the murderer and thus prevent the murder of his daughter. The court dismissed the claimantà ¢Ã¢â€š ¬Ã¢â€ž ¢s claim and appeal for not disclosing any cause of action. The court held that à ¢Ã¢â€š ¬Ã…“there was no general duty of care owed by them (police) to identify or apprehend an unknown criminal, nor did they owe a duty of care to individual memb ers of the public who might suffer injury through the criminals activities save where their failure to apprehend him had created an exceptional added riskà ¢Ã¢â€š ¬Ã‚ . Notwithstanding, the court acknowledged that although it was reasonably foreseen that the said murderer was likely to attack female member of the public if not arrested but this does not in itself make the plaintiffà ¢Ã¢â€š ¬Ã¢â€ž ¢s daughter at risk more than other members of the public. The exceptional circumstances in this case would occur where proximity of relationship between the police and the victim was greater than would with the general risk to members of public. These cases however clearly depart from the contemplation of the principles that is settled in the case of Donoghue V. Stevenson. The courts had introduced further element that relieves defendants from liability where foreseeable injuries occur as a result failure to take reasonable care. The court in the case of Wombwell V. Grimsby Fish Dock Enterprises[11], the appellant in this case claimed personal injury against the respondent for injuries caused on the respondents premises. The respondent had kept on its quayside cylinders containing gas under pressure for about 2 years. The appellant had entered on the respondentà ¢Ã¢â€š ¬Ã¢â€ž ¢s premises to fit his boat for sea and had been injured by the cylinders when it discharged. The court held that the respondent did not owe any duty because the appellant use of the premises was not for the purpose he was allowed on it. The court in this case failed to follow the comparative element that the duty to take reasonable care is owed to all those that may reasonably be foreseeable to use the premises of the respondent. This duty is owed to anyone who is foreseeable to use the premises. The rule in Donoghue V. Stevenson is to award damages for injuries where the defendant and the claimant are in a position of proximity and the claimant suffers injuries because of th e failure of the defendant to take reasonable care so as not to cause injuries to the claimantà ¢Ã¢â€š ¬Ã¢â€ž ¢s person or goods. In this case failure of the defendant to remove the cylinder containing gas which it stored for years and the fact that the defendant could reasonably foresee that it may discharge and cause harm renders the court decision to depart from the comparative of Donoghue V. Stevenson. In Blake V. Galloway[12], the parties were engaged in high spirited horse game. The claimant threw at the defendant a piece of chipping bark which struck the defendant on his back. The defendant thereafter threw the chipping back towards the claimant and struck him just by the eyes causing substantial injuries. The claimant brought an action for battery and/or negligence. The court held that the defendant will be in breach of duty of care if his conduct amounts to recklessness or a very high degree of carelessness. The courts decision seems to depart from the obvious princi ple for which negligence was based. The underlying element in negligence cases was to award damages for injuries that were caused as a result of the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s act where: The defendant and the claimant are in proximity. In this case, there is no doubt that the claimant and the defendant fall within this range of proximity. The defendant owed a reasonable care towards the claimant not to cause injury to his person by ensuring that it conducted in a safe manner towards the claimant. In this case, these elements are present however, the court failed to apply the comparative test to the fact. It is therefore my conclusion that in light of recent decisions in cases involving duty of care, the courts have failed to apply the comparative simplicity test of Lord Atkin to cases where injuries was caused to a claimant because of the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s failure to take reasonable care where he could reasonably foresee that his failure to take sure care will cause injuries to the claimant. Notwithstanding that the comparative simplicity aided in ensuring certainty, it seems overdue. However, changes in the test may affect the certainty of decisions in duty of care cases. Bibliography Blake V. Galloway (2004) 3 ALL ER 315 Donoghue V. Stevenson (1932) AC 562 page 580 George V. Skivington L.R. 5 Ex 1 Heaven V. Pender 11 QBD 503 Hill V. Chief Constable of West Yorkshire (1989) AC 53 HL Large V. Waldron (2008) EWHC 1937 (QB) Le Lievre V. G ould (1893) 1QB 491 Phelps V. London Borough of Hillingdon; Anderton V. Clwyd County council; Jarvis V. Hampshire County council; Re G (a minor) (2004) 4 ALL ER 504 Van Colle V. Chief Constable of Hertfordshire, Smith V. Chief Constable of Essex (2008) UKHL 50 Wombwell V. Grimsby Fish Dock Enterprises (2008) EWCA Civ 831 European Convention on Human Rights 1950 Footnotes [1] (1932) AC 562 page 580 [2] Donoghue V. Stevenson (1932) AC 562 page 580 [3] Ibid at page 580 [4] (1893) 1QB 491, 497 [5] 11 QBD 503 [6] L.R. 5 Ex 1 [7] (2004) 4 ALL ER 504 [8] (2008) EWHC 1937 (QB) [9] (2008) UKHL 50 [10] (1989) AC 53 HL [11] (2008) EWCA Civ 831 [12] (2004) 3 ALL ER 315

Auditing and Assurence Services Chapter 2 Solutions

CHAPTER 2 Professional Standards LEARNING OBJECTIVES | | | | | | |Exercises, Problems, and | | |Review Checkpoints |Simulations | | |1 |45 | |1. Name the various practice standards for internal, governmental, | | | |and independent auditors and auditing firms, and identify†¦show more content†¦Standards deal with measures of the quality of performance of those acts and the objectives to be attained by the use of procedures. The standards are less subject to change. The standards provide the criteria for rejecting, accepting, or modifying a procedure in a given circumstance. An example of the relative stability of standards and procedures is found in the change from non-computerized information systems to computerized systems. New procedures were required to audit computerized information systems, but auditing standards remained unchanged and were the criteria for determining the adequacy of the new procedures. The word procedure is used in SAS 46 (AU 390) -- Consideration of

The Tempest Essay example - 1428 Words

Gonzalo states: quot;We are people of our own minds and no one elses,quot; by this Gonzalo is telling everyone that no one can control what someone sees or does. This is true unless one is using magic to alter the minds and reality of anyone under the influence of magic. In the Tempest, by William Shakespeare, Prospero uses magic to alter the reality and delude the minds of characters. Love or guilt is a form of magic that naturally occurs in ones life. Prospero creates another magic that is placed in the audiences mind when he asks them to become the master magicians. Alonso and Gonzalos minds are deluded by Prosperos spells to make them unaware of what is happening around them or aware of something out of the ordinary, and†¦show more content†¦Prospero casts a spell to make Calibans body fill with cramps and pinches all over. Direct magic doesnt always work in one try, so a person may attempt to do something again. Caliban, Trinculo, and Stephano try to kill Prospero, but Prospero casts spells on them to fill their bodies with cramps and pinches. Prospero does this for two reasons. One is to keep from getting killed and, two is to punish them. Because of this, Caliban repents toward the end of the play. The spells are physically applied, but they also have a mental affect. nbsp;nbsp;nbsp;nbsp;nbsp;Natural magic is about to take place, i.e., falling in love and/or feeling guilty for ones actions. This is a natural occurrence in ones life and is part of reality. Miranda falls in love with Ferdinand when they first meet. Miranda tells Prospero about the fine looking creature. She may be saying this because she has never seen a man; nevertheless, she is in love. Prospero plans for this to happen; because Prospero is planning for this to happen, he has to make Ferdinand prove that he is worthy of Miranda. Ferdinand doesnt know Miranda, but wishes he could get to know her. They gaze deeply into each others eyes, and instantly they feel a passion burning that can not be hidden. Prospero expects this to happen, but he doesnt cast any spells. Ferdinand does physical labor to prove that he is in love with Miranda. This shows the powerShow MoreRelatedThe Tempest And Ceasire s Play A Tempest2170 Words   |  9 PagesOrobosa Omede Professor Tung Literature 305 Research paper Racism defined in Shakespeare’s play The Tempest and Ceasire’s play A Tempest ​Cesarie s version of Shakespeare play The Tempest is a postcolonial response that focuses on the point of view of the enslaved characters Ariel and Caliban. Cesarie emphasizes the racial significant that leads to colonial politics. In cesarie s version the tension between prospero and Caliban are more evident. Caliban is more vocal aboutRead More Tempest Essay1478 Words   |  6 Pages The Tempest According to Elizabethan beliefs an individuals social position was more or less fixed. 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English A Symbol of Power in India Essay Example For Students

English: A Symbol of Power in India Essay Languages fundamentally serve as vehicles for people to communicate. Today, English language has been internationally recognized as a global language, which is highly correlated with the legacy of British colonization in the eighteenth and nineteenth century. India was colonized by the British from 1765 until its independence in 1947. (World English, 101) India, situated in South Asia, is geographically a huge territory with tremendously diverse ethnicities. Prior to the British colonization, India has multilingualism, in which each language is deeply rooted with its individual culture. In a rich multilingual territory, it is interesting how English has gained its power, and can remain powerful even after the postcolonial time. Starting from the British colonial time, the use of English language became prestige and important in India, especially in the government administration and education. In India, the position of English has changed from the symbol of slavery and colonial power to the symbol of a globalization, a workplace literacy, education and economic power. There are many diverse linguistic groups in India prior to the colonial time. According to the 1991 census, a total of 114 languages are identified by the abstraction of 1576 mother tongues into different classification (Annamalai, 610). The language Hindi has the largest number of mother tongues, and it is one of the India’s fifteen major indigenous languages such as Urdu, Bengali (Annamalai, 610). During and after the colonial time, how did English language gain and remain its status in an enormous variety of linguistic zone? The origin of English in India began with the British first arrival in 1600s and its establishment of trading (World English 101). After the British colonized India, the popularity of English also increased. Nevertheless, the importance of English in India effectively began with the introduction of an English education system written by Thomas Macaulay in 1835 (World English, 101). After the establishment of the universities of Bombay, Calcutta, and Mad ras in 1857, English language gained its status and popularity as it became the primary medium of university education (World English 101). Ever since then, English has been accepted as the language of government and many social elite groups. After the independence, the question of which language would be the national language of India becomes a dilemma for many people. As mentioned before, Hindi is still the most widely used language in India. Therefore, many people suggested Hindi to be the national language. Although Hindi is spoken by forty percent of the one billion populations in India, the role of Hindi to become the India national language is still controversial. The diverse linguistic groups across India do not accept Hindi as the national language. â€Å"Other sub-nations feared the introduction of Hindi and had pride in their own languages. (Vanishree, 317)† In addition to their pride in their own languages, the non-Hindi speakers are also afraid that once Hindi become the national language, Hindi speakers will be more favored in the employment of government offices (Vaish 81). The non-Hindi speakers will subsequently have less opportunity in job opportunities. The dilemma continues until the involvement of English as the official language in India. This conflict in 1960s was solved by â€Å"the ‘three language formula’, in which English was introduced as the chief alternative to the local state language, typically Hindi in the north and a regional language in the south. (World English, 101)† English is currently regarded as an associate official language together with Hindi. (Vanishree, 336) Despite the continuous effort of some nationalists to weaken the status of English language in India, English remains as powerful in India. There are approximately about twenty percent Indians (over 200 million in 2001) making regular use of English (World English 101). It is the nationwide agreement that regional languages will cover only in the private domain such as home while English still covers many public domains such as education, technology, government, national and international communication, and business (Vanishree, 317). Therefore, in India, most people become bilingualism in English, which not only allows I ndia’s diverse linguistic groups to unify and work together under the same umbrella but also enable people to communicate easily through a common English language. .ub1c997f06faea3994430fe0b9319ab5d , .ub1c997f06faea3994430fe0b9319ab5d .postImageUrl , .ub1c997f06faea3994430fe0b9319ab5d .centered-text-area { min-height: 80px; position: relative; } .ub1c997f06faea3994430fe0b9319ab5d , .ub1c997f06faea3994430fe0b9319ab5d:hover , .ub1c997f06faea3994430fe0b9319ab5d:visited , .ub1c997f06faea3994430fe0b9319ab5d:active { border:0!important; } .ub1c997f06faea3994430fe0b9319ab5d .clearfix:after { content: ""; display: table; clear: both; } .ub1c997f06faea3994430fe0b9319ab5d { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .ub1c997f06faea3994430fe0b9319ab5d:active , .ub1c997f06faea3994430fe0b9319ab5d:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .ub1c997f06faea3994430fe0b9319ab5d .centered-text-area { width: 100%; position: relative ; } .ub1c997f06faea3994430fe0b9319ab5d .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .ub1c997f06faea3994430fe0b9319ab5d .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .ub1c997f06faea3994430fe0b9319ab5d .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .ub1c997f06faea3994430fe0b9319ab5d:hover .ctaButton { background-color: #34495E!important; } .ub1c997f06faea3994430fe0b9319ab5d .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .ub1c997f06faea3994430fe0b9319ab5d .ub1c997f06faea3994430fe0b9319ab5d-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .ub1c997f06faea3994430fe0b9319ab5d:after { content: ""; display: block; clear: both; } READ: Creationism Vs. Evolution (954 words) EssayEnglish become a language of prestige because of its role in education. School textbooks are written in Standard English, and English is used as the medium of instruction in many schools all over India. Some schools such as â€Å"convent schools†, which exist in most cities and towns, required students to speak only in English within the school premises while other schools have English as a compulsory subject in the curriculum (Peri Bhaskararao). Higher education system such as universities of technology and science, and other post-graduate level requires even more demanding usage of English. The majority of people correlat e higher education with the assurance of job opportunities. Power of English fluency in economic urges many people especially students to pursue more in English so that they will be a part of the elite community. Therefore, many Indians appeal English language for the advancement of their lives. English has a large impact on the new generation of India. This generation is convinced that learning English will ultimately assist them achieving their goals. A study has been done to understand how English create personality in many students of India. In 2005, Viniti Vaish, an Assistant Professor in Singapore’s National Institute of Education, conducted a study with a group of Indian high school students about their attitudes and goals for English learning. During the interviews, students repeatedly used the words â€Å"job†, â€Å"rich/money†, â€Å"development of individual and country†, and â€Å"unique look/impression† in relation to English (Vaish, 85). However, students used words like â€Å"foundation†, â€Å"mother tongue† and â€Å"identity† in relation to Hindi (Vaish, 85). Although these students have positive attitudes towards both English and Hindi, they all concurred that English is a global language, which will promote them to have better job opportunities, confidence and good impression. They believe fluency in English will advance them to be more marketable and powerful in globalizing workplace of modernizing India. The globalization is the fruit of the current efficient communication system in India. The important communication systems such as radio and television network, News paper and media are currently using English in high-level. Furthermore, with the widespread use of Internet and wireless technology, English becomes the main language used in computing and software technologies. Furthermore, more and more international software and technology companies launch their business branches in India (Bhaskararao, 6) The work demand increases higher recruitment of technicians who are proficient in English. English again plays an essential role in the globalization process in India. In conclusion, despite the initial intentions to diminish English language right after the India’s independence, English has been rooted to the very basic lives of the majority of Indians that it remains as a prestige, powerful language in India. The globalization and the essential roles of English in education, government and workplace further reinforce the power of English. For the new generation, English remains its status and reputation, and it becomes a necessity to achieve many of the future generation’s dreams. Works Cited Annamalai, E. India: Language Situation Bhaskararao, Peri. â€Å"English in Contemporary India.† Asian/Pacific Book Development ABD (2002) Vol. 33 No. 2: 5-7. Vaish, Viniti. Biliteracy and Globalization English Language Education in India. Multilingual Matters Ltd., NY: Cromwell Press Ltd., 2008. Vanishree V.M., â€Å"Provision for Linguistic Diversity and Linguistic Minorities in India.† Language in India Strength for Today and Bright Hope for Tomorrow Vol. 11:2 (2011): 304-375 World English