Problem Question on Negligence and Duty of Care

Problem Question on Negligence and Duty of Care This question is on negligence and it involves the following: duty of care; delictual liability in contractual relationship; duty owed by sellers and designers of a house to purchaser and defective design where there is no danger to health and safety. Prima facie duty of care in the law of tort arises if there is sufficient proximity between the alleged wrong doer and the wronged party, such that the wrong doer might reasonably expect that carelessness may cause damage to the wronged party. Tort law is part of civil law and deals with disputes between private parties unlike property law or contract law which form part of the criminal law. Tort law is to provide restitution from someone who owes a duty of care to another person and can be legally held liable for that injury. Negligence is the most important tort in modern law and it is essentially concerned with compensating people who have suffered damage as a result of the carelessness of others.[1] Negligence concerns breach of a legal duty, with the result that damage is caused to the claimant. Generally negligence protects against three different types of harm: personal injury; damage to property; and economic loss.[2] Tort law also known as the civil law of obligations establishes the circumstances in which a person whose interests have been harmed by another can be compensated through the civil courts.[3] A tort is simply a wrong and tort law is the law of wrong doing or perhaps of wrongs.[4] Sir Percy Winfield, saw negligence as a unifying thread for tort law, and he defined tort law as, ‘’the breach of an obligation imposed by the law’’.[5] This definition aligns both tort and crime. Sir John Salmond defines tort as a, ‘’body of rules establishing specific injuries, uncoordinated by general principles’’.[6] A more recent definition offered by Peter Birks, suggests that a tort is, ‘’the breach of a legal duty which affects the interests of an individual to a degree which the law regards as sufficient to allow that individual to complain on his or her own account rather than as a representative of society as a whole’â€℠¢.[7] Tort law is a collection of causes of action each made up of three main components namely, an interest protected by law, some conduct which the law sanctions and a remedy or sanction by which the interest is protected by the law.[8] In the famous case of Donoghue v Stevenson, Lord Atkin made a ruling which became the corner stone of modern tort law: ‘’the liability for negligence, whether you style it such or treat it as in other systems as a species of ‘culpa’, is no doubt based upon a general public sentiment of moral wrongdoing for which the offender must pay. But acts or omissions which any moral code would censure cannot in a practical world be treated so as to give a right to every person injured by them to demand relief. In this way, rules of law arise which limit the range of complainants and the extent of their remedy. The rule is that you are to love your neighbour becomes in law: you must not injure your neighbour, and the lawyer’s question: who is my neighbour? receives a restricted reply. You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who then in law is my neighbour? The answer seems to be persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions in question’’. [9] Lord Atkin’s neighbour’s test still remains the basis on which civil liability for negligence is measured. This test has undergone some changes but when broken down is found to consist of three elements: duty, breach and damage.[10] The question of liability for negligently constructed buildings has always caused problems. At one time the law was that the tort of negligence did not apply to a builder of defective premises, however, it is clear from case law, that the tort of negligence applies to a builder of defective building, at least where a defect causes physical injury. See Murphy v Brentwood District Council (1991) 1 AC 398. The expression builder is used in the sense of all persons involved in the construction and sale of buildings. This includes developers, builders, sub contractors, architects, surveyors, civil engineers and local authorities.[11] Parliament created a limited form of protection from builders with the Defective Premises Act 1972. Section 1 (1) of the Act relates only to dwelling houses and does not apply to commercial or industrial properties. The Section imposes on builders, sub-contractors, architects and other professional persons a three part duty that the work will be done in a workmanlike manner, proper materials will be used, and the house will be fit for human habitation.[12] Most importantly, the doctrine of privity of contract does not apply and liability is strict in that fault does not have to be proved against the builder and the duty can not be excluded.[13] The main problem with Section 1 (1) of the Act is whether it includes it includes quality defects or is limited to ensuring that the dwelling is fit for human habitation. See Andrews v Schooling (1991) 3 All ER 723 and Bayoumi v Protim Services Limited (1996) EGCS 187. In the 1970’s courts embarked on a massive extension of the builders liability in negligence. The courts created a duty of care imposed on builders and owed to foreseeable victims of their negligence.[14] As the loss to an owner occupier was economic loss, the courts sidestepped the problems this presented by framing the duty in terms of not constructing a building which was a danger to the health and safety of the occupier.[15] However from 1983, the courts started to back slide on the development they had created. The reason for this new development was that the courts frowned at allowing claims for economic loss in negligence action. The courts might also have been influenced by the rising premiums which had to be paid by anyone involved in the construction of buildings. This rise was as a result of successful actions brought under the negligence principle.[16] In the Scottish case of McLeod v Scottish Special Housing Association (1990) SLT 749, the proprietor of a house brought an action for damages against the former owner in respect of deterioration occurring to the steel clad exterior of the house several years after he had purchased the house. The claimant alleged that the deterioration was brought about as a result of design defect on improvement works carried out on the house on behalf of the former owners, before they sold the house. The case of the claimant was based on negligence in respect of the alleged defective design of the improvement works. The claimant further alleged that in the circumstances, it was proper to regard the steel skin and the insulation as separate properties. The defendants argued that the claimants claim was only for economic loss as they did not contend that these conducts had given rise to any health or safety issues to the occupant of the house or any danger to the property other than the house itself. The defendant also argued that there was no contractual term requiring that the property should meet a certain minimum standard of fitness. The Court held inter alia that the builder was liable not only for personal injuries caused by his negligence in the process of building but also for damages actually caused by such negligence to property other than negligently manufactured building, such liability not restricted to circumstances giving rise to a danger to health and safety. The Court further held that there might be circumstances in which for the purpose of the application of the relevant principle of liability, one part of a complex structure might qualify to be treated as other property in relation to another element. However, the Court found in favour of the defendant because the claimant averments of fault and loss were lacking in specification. In D and F Estates Limited v Church Commissioners for England (1988) 2 ALL ER 992, a company of builders under took construction work on a block of flats and then sub contracted the plastering work. Unfortunately, the sub contractor handled the plastering work negligently. Fifteen years later, the plaster became loose and needed replacement. The plaintiffs who were occupying a flat in the block of flats then sued the builders seeking the cost of remedial work that has already been done and the cost of future remedial work. The House of Lords held inter alia that in the absence of a contractual relationship between the parties, the cost of repairing a defect in the structure, which was discovered before the defect had caused personal injury or physical damage to other property, was not recoverable in negligence action. The cost of doing the repairs was economic loss which was not recoverable in a negligence action. The Court further held that if the plaintiff had suffered only economi c damage then such a claim lay only in contract. Damage is only recoverable in tort where a defective product causes damage or injury other than to the defective product. This decision was greeted with much controversy and it led to the introduction of the idea of complex structure. If a building is regarded as a complex structure then, damage to one part of the structure caused by a hidden defect in another part, could be treated as damage to the other property.[17] See Murphy v Brentwood District Council (1990) 2 All ER 908 and Nitrigin Eireann Teoranta v Inco Alloys Ltd (1992) 1 ALL ER 854. In Baxall Securities Limited v Sheard Walshaw Partnership (2002) EWCA Civ 09, the court held that defective gutter was a patent defect and that if the defendant had carried out any reasonable inspection; they would have been able to reveal the problem. This non inspection by Baxall negated the duty of care or at least broke the chain of causation and the architect was found not to be liable. There are all interesting and land mark cases. In McLeod’s case the court established that the builder of a house had a duty of care and therefore was liable for any damage caused by his negligence other than negligently manufactured building. The Court also established that once liability for negligence existed, the liability was not excluded because the person or whose property has been injured purchased the defective article under a contract. In the law of tort, damages are only awarded where a defective product caused damage or injury other than to the defective product itself. This was the basis of the Court’s decision in D and F Estates Limited v Church Commissioners for England. In that case, the plaster was falling off the wall and the plaintiff had only encountered economic loss. However in McLeod v Scottish Special Housing Association, the claimant was claiming that their building was a complex building and that the insulation was not part of the building and that it should be distinguished from other parts of the building. This case is different from other cases in which a structure or part of a structure has been found to be defective without any damage actually occurring to any structure or part of a structure other than the defective part it self. Finally, in my view, I do not see how, the outer skin of a building can be distinguished from other parts of the building such as an insulation system. The claimants made the claim against the defendant as designers of the insulation system, which had been inserted in a pre existing building. The claimants alleged that the insulation had damaged other structures and that it was inappropriate in the circumstances to treat the house as one unit. The insulation was installed before the claimants bought the house and they purchased the house under a contract as one unit. It will be unreal and artificial to subdivide a house in such a way that the outer skin of the building is distinguished from other parts of the building. Usually people enter in to a contract to buy or sell a house as a unit; the fact that he insulation unit or any other unit was put in place later is irrelevant, once it is in place before the contract of sale. More over houses are built piece meal by piece meal over a period of time. Bibliography Cane, P (1996) Tort Law and Economic interests, Second Edition, Oxford University Press, Oxford Cane, P (1997) The Anatomy of Tort law, Hart Publishing, Oxford Cooke, J (2007) Law of Tort, Eighth Edition, Pearson, Harlow Dugdale, A.M, Jones, M.A (2007) Clerk and Lindsell on Torts, Second Supplement to the Nineteenth Edition, Sweet and Maxwell, London Elliott, C and Quinn (2007) Tort Law, Sixth Edition, Pearson, Harlow Furmston, M (1986) The Law of Tort, Duckworth, London Harlow, C (2005) Understanding Tort Law, Third Edition, Sweet and Maxwell, London Hepple, Howarth and Matthews (2000) Tort: Cases and Materials, Butterworths, London Howarth, D (1995) Text Book on Tort, Butterworths, London Jones, M (2005) Text Book on Tort, Eighth Edition, Oxford University Pres, Oxford Kidner, R (2006) Case Book on Torts, Oxford University Press, Oxford Murphy, J (2007) Street on Torts, 12th Edition, Oxford University Press, Oxford 1 Footnotes [1] Quinn and Elliott 2007) p.16 [2] Quinn and Elliott 2007) p.16 [3] Harlow (2005) p.1 [4] Harlow (2005) p.1 [5] Harlow (2005) p.1-2 [6] Salmond and Heuston (1992) p.14 citied in Harlow (2005) p.6 [7] Birks (1995) citied in Murphy (2007) p.1 [8] Cane (1997) p.1 [9] (1932) All ER Rep1 [10] Harlow (2005) p.48 [11] Cooke (2007) p.241 [12] See section 1 (1) Defective Premises Act 1972 [13] Cooke (2007) p.242 [14] Cooke (2007) p.243 [15] Cooke (2007) p.243 [16] Cooke (2007) p.243 [17] Cooke (2007) p.244

Competitive of college Submissions Essay

As a teenager in high school, the intended goal for every student is to go to college, everyone including parents, students, and other family members encourage this goal. To get into high school, there were qualifications for chosen certain high school depending on district, but not as competitive as the admissions to college. According to Sally P. Springer, college’s admissions are so competitive due to the fact of how many students apply to college each year. With that said, since there is an increase in student graduating from high school, colleges increase in cost of admission, higher GPA/test scores, and the amount of education given. The price of colleges has increased every year. Students are encouraged every day how important it is to go to college because it’s an institution of higher learning that will open doors for different careers. Unfortunately, majority of the students cannot afford the price of education when it continues to increase by the year and even with scholarships it’s too much money. Some student’s parents get paid too much money and the students do not receive financial aid, so they are left to pay out of pocket. The cost of a two year college vs. a four year is a lot less expensive and many students choose that route because the cost and because the admission is not that competitive. Furthermore, the admission requirements for students who want to go to out of state is even more competitive because of the area. According to the Sally P. Springer in the article Competitive Colleges, in the late 1980’s and early 1990’s the number of students graduating from high school has increased, and because of this most colleges compete in admission by choosing students of diverse and higher GPA standards and test scores. However this makes it harder for students have the GPA but have poor testing skills or vice versa which is a very important key for student’s admissions process. For instance, Harvard is a very prestigious University and the admissions has decreased in the year of 2012 7.1 percent admission. To qualify for Harvard you have to have the GPA of a 3.8-4.3 or have a test score of 1500. Then students are forced to go to colleges not of their choice because of hard criteria of admissions. Majority of two year colleges  require a 2.5 GPA compared to some four year the minimum requirement is a 3.0+ GPA. Moreover, some may argue that the reason why college admissions are so competitive is because colleges strive and are eager for students with higher learning. Every University and College offer different sports, majors, and organization and schools compete to be the best by having the best students. Also if a student wants to go to school in a nice area or a better setting the admissions are going to be higher. University in particular give students a better chance of reaching their career. Colleges such as University of Chicago have better programs for nursing compared to Chicago State therefore students must meet the criteria to attend the programs and that’s at any school. If Colleges was not as competitive then it will be easy for anybody and student will not work hard. Unfortunately, the best students can come from a Junior college and still receive a good paying job and the career of their choice. Wherever a student goes he/she will do what they have to do to succeed. All colleges strive for the best for students but due to the competitive admission requirements students are not allowed to peruse what they want. College is college but just because a student doesn’t meet a particular area for admission is it right to say that student would not succeed within that University or College? If colleges could be less competitive then everyone will have an equal amount or chance to get the same education as of that student went to Harvard. Works Cited Springer, Sally P, Reider, John, and Franck, Marion . Why are College’s Admission Competitive? Son Inc. Wiley. Copyright 2009. Harvard University. Admissions and Financial Aid. The President and Fellows of Harvard College. Copyright 2013. https://college.harvard.edu/admissions/application-requirements University of Chicago. Admissions and Financial Aid. 2013 < http://www.uchicago.edu/admissions/>

Why Absolutely Everybody Is Talking About Easy Topics for Argumentative Essay and What You Must Do

Why Absolutely Everybody Is Talking About Easy Topics for Argumentative Essay and What You Must Do Things You Won't Like About Easy Topics for Argumentative Essay and Things You Will You should be quite diligent in your approach so you can find with a superior work. You ought to be exact through focusing on an exceptional side of a typical difficulty. With planning, you're going to be in a position to start with whatever portion of the essay is easiest for you, without having to struggle over the debut, for instance, if you know this part is very tricky for you. On the flip side, if you've got to compose a persuasive essay, all the matters mentioned previously don't play such significant function. Argumentative essay is about arguing and debating on a subject, which is debatable. You should also produce a brief summary of the chief reasons behind your argument for the argumentative essay topic. Researching the topic permits you to find out more about what fascinates you, an d should you pick something you truly like, writing the essay will be more enjoyable. Take a look at how to think of an essay topic! Make sure the topic won't be too large. Provided that you're genuinely interested in the subject and have some superior comprehension of the matter, you can choose the topic for the argumentative essay. Therefore, the topic ought to be debatable! You will probably locate a different and amazing topic you will love to write about. Among the substantial mistake students make is failing to figure out the range of their study. There aren't many points that you've got to remain in mind as a means to master every college essay. Students lead busy lives and frequently forget about an approaching deadline. Another reason is to observe how well students argue on unique views and demonstrate understanding of the studied subject. A fantastic argumentative essay is an essay in which a student is in a position to present their views in an effective and convincing fashion, taking the aid of argument for a vehicle for delivering the last conclusion. Thus, every time you believe you are in possession of a viable and researchable topic, go ahead, and studying to see whether it has solid arguments that it is possible to utilize. The topic is just one of the most crucial deciding factors which will have an influence on the results of the grade of the essay. When you are requested to pick a great topic for your argument, start with something you're acquainted with. The Honest to Goodness Truth on Easy Topics for Argumentative Essay When you will need any assistance about the sports argumentative essay topics, there is just 1 stop shop that will provide everything that you require. The social issues associated with sports ought to be the obligation of the sports management and not players. You have to remember that sports argumentative essay topics should be critiqued. There are educational solutions that provide persuasive college essay help to students so they may be able to finish their assignments punctually. The cost of an essay rides on the total amount of effort the writer has to exert. There are some who are great in writing essays about realities and not about abstracts while some are somewhat more proficient in thinking up works of fiction. If you select an idea but find you can't compose a paper all on your own, you can merely buy argumentative essay on the website. Argue the effect of newspaper in politics. Easy Topics for Argumentative Essay Secrets Inspiration to make your own advertising or media argumentative essay topics isn't challenging to discover. Young writers may try simple on-line citation generators which are typically at no charge. The dearth of very good support sources are going to result in a decrease grade. Advertising and the media are now nearly inseparable from society for a whole. Citations and extracts from assorted sources have to be formatted properly. When you have decided on the topic through our guide, we'll also supply you with article writing samples and templates which will also direct you through the writing. Thus, it's important to read corresponding formatting guide. It is preferable to use templates since they include all necessary formatting elements.

Forest Ecosystem and Biodiversity Definitions

A forest ecosystem is the basic ecologic unit in a particular forest that exists as home for a community of both native and introduced classified organisms.  A  forest ecosystem is  named for the primary tree species that form the canopy. It is defined  by all the collective living inhabitants of that forest ecosystem that co-exist together in symbiosis to create a unique ecology.   In other words, a forest ecosystem is typically associated with land masses covered in trees and those trees are often  classified by foresters into  forest cover types. Examples of just a few  broad names in North America are The northern hardwood ecosystem, the ponderosa pine ecosystem, the bottomland hardwood  forest ecosystem, the jack pine forest ecosystem and so on. The forest ecosystem is just one of a number of unique ecosystems including prairies, deserts, polar regions, and great oceans, smaller lakes, and rivers. Forest Ecology and Biodiversity The word ecology comes from the Greek oikos, meaning household or place to live. These ecosystems or communities are usually self-sustaining. The word usually is used because some of these communities can become unbalanced very quickly when detrimental factors occur. Some ecosystems, like tundra, coral reefs, wetlands, and grasslands are very fragile and very small changes can affect their health. Larger ecosystems with wide diversity are much more stable and somewhat resistant to harmful changes. A forest ecosystem community is directly related to species diversity. Generally, you can assume that the more complex the structure, the greater is its species diversity. You should remember that a forest community is much more than just the sum of its trees. A forest is a system that supports interacting units including trees, soil, insects, animals, and man. How a Forest Ecosystem Matures Forest ecosystems tend to always be moving toward maturity or into what foresters call a climax forest. This maturing, also called forest succession, of the ecosystem increases diversity up to the point of old age where the system slowly collapses. One forestry example of this is the growth of trees and the entire system moving  toward an old growth forest. When an ecosystem is exploited and exploitation is maintained or when components of the forest begin to naturally die, then that maturing forest ecosystem goes into declining tree health. Management of forests for sustainability is desirable when forest diversity is threatened by overuse, resource exploitation, old age, and poor management. Forest ecosystems can be disrupted and harmed when not properly sustained. A sustained forest that is certified by a qualified certification program gives some assurance that the forest is managed to allow maximum diversity while satisfying the managers environmental and economic demands. Scientists and foresters have dedicated their entire careers trying to understand even a small part of forest ecosystems. Complex forest ecosystems are extremely diverse, ranging from dry desert shrub land to large temperate rain forests. These natural resource professionals have categorized forest ecosystems in North America by placing them into forest biomes. Forest biomes are broad categories of natural tree/plant communities.