English Tort Law Essay Example for Free

English Tort Law Essay Answer: This question raises some issues from negligence. In order to answer this question it is necessary to know about negligence, duty of care, and breach of duty, causation and remoteness. But here the most important parts are employers’ liability, multiple liability or causation, and personal injury. Here the main findings will be Betty Bloke is an employee of these companies or not, she can sue for asbestos-related mesothelioma as a third person. Here the facts are Harry Bloke worked as a carpenter for thirty-five years, being employed by Right Ltd for ten years, then by Ruff Ltd for a further ten years and then by Shoddy plc for fifteen years. Right Ltd were shop fitters, Ruff Ltd produced asbestos prefabricated garages and Shoddy plc produced insulating panels for the building industry. In all of these jobs he was required to work with asbestos sheeting, which he usually had to cut to size either with hand saws or powered saws. Betty Bloke, Harry’s wife, always washed his work overalls every Saturday. She would shake them outside the back door to remove the dust before she put them in the washing machine. Betty has now been diagnosed with asbestos-related mesothelioma and is very ill. All three companies deny liability for her illness. Before attempt to discuss the potential liability of all three companies to Betty in negligence it is necessary to find the relationship between Betty and all three companies. Here it is not clear that Betty was an employee of these companies or not, though every Saturday remove the dust. In 1934 Lord Wright said in Lochgelly Iron and Coal Co v McMullan [1934], ‘In strict legal analysis, negligence means more than heedless or careless conduct, whether in omission or commission: it properly connotes the complex concept of duty, breach and damage thereby suffered by the person to whom the duty was owing.’ In Murphy v Brentwood District Council [1990], the House of Lords held that the council was not liable on the basis that the council could not owe a greater duty of care to the claimant than the builder. In doing so the court also overruled Anns and the two-part test, preferring instead a new three-part test suggested by Lords Keith, Oliver and Bridge in Caparo v Dickman [1990]. In order to impose liability on the employers, Betty has to established foresight, proximity and fairness and it is the current test. In Caparo industries v Dickman [1990], the shareholders in a company bought more shares and then made a successful takeover bid for the company after studying the audited accounts prepared by the defendants. They later regretted the move and sued the auditors claiming that they had relied on accounts, which had shown a sizeable surplus rather than the deficit that was in fact the case. The House of Lords held that the auditors owed no duty of care since company accounts are not prepared for the purposes of people taking over a company and cannot then be relied on by them for such purposes. Harry was an employee but the asbestos did not affect him. His wife suffered mesothelioma, so the current test has to show three things if there is to be a duty of care: 1) It was reasonably foreseeable that a person in the claimant’s position would be injured. Here for Betty Bloke, the risk was reasonably foreseeable as an employee but as a third party it is difficult to show. 2) There was sufficient proximity between the parties. Employers owed some duties to employees. 3) It is fair, just and reasonable to impose liability. After the Caparo test Betty may be satisfy three criteria. Then it will be a vital question that Employers breach any duty or not. The second problem is who has right to sue. Harry was an employee but he is not suffered any disease though it was obvious. If Harry sues on behalf of Betty then it will justify imposing liability to the employers. Here it will be discussed considering the relevant case laws. Bolton v. Stone test may be applicable to prove breach of duty. According to this test employers are not liable. As a general rule English law does not impose a duty, reasoning that the fault of X and not that of D. But exceptionally a duty may arise. Employers are vicariously liable for the negligent acts or omissions. Employers are also liable under the common law principle represented in the Latin phrase, qui facit per alium facit per se. So according to Home Office v Dorset Yacht [1970], and Lewis case it will be consider here. In Hotson v East Berkshire AHA [1987], a young boy suffered a fractured hip when he fell out of a tree. The hospital negligently failed to make a correct early diagnosis so that he later developed avuncular necrosis, a deformity of the even without the failure to diagnosis promptly. On this basis the trial judge, and later the Court of Appeal, awarded him 25 per cent of the damages they would consider appropriate for the loss of a chance of recovery. The trial judge commented that the hospital had translated the probability of the disability developing into a certainty by negligence in their failure to diagnosis. However, the House of Lords allowed the Health Authority’s appeal and would not consider the slim chance of recovery an issue of causation. In Blythe v Birmingham Waterworks [1856], the basic Rule is that the defendant must conform to the standard of care expected of a reasonable person. ‘Negligence is the omission to do something which a reasonable man guided upon those considerations which ordinary regulate the conduct of human affairs, would do, or doing something which a reasonable and prudent man would not do. Betty could get compensation by applying McGhee. In McGhee v National Coal Board [1973], here the claimant worked in a brick kiln where he was exposed to brick dust, a possible cause of the dermatitis that he in fact contracted. The Board was not liable for exposure during working hours. They were held liable for materially increasing the risk of the claimant contracting the disease because of their failure to provide washing facilities, even though it could not be shown that he could have avoided the disease if there had been facilities the reasoning of the court was that, since the employer was clearly negligent in failing to provide basic health and safety the burden should shift on to them to disproved the causal link. This type of test is clearly more advantageous to a claimant than the basic ‘but for’ test applied so rigidly in Hotson v East Berkshire AHA [1987]. To identify the employer’s liability suffered mesothelioma after exposure to asbestos dust of Betty Fairchild v Glenhaven Funeral Services Ltd and others is the most significant test. In the case of Fairchild v Glenhaven Funeral Services Ltd and others [2001], the claimants suffered mesothelioma after exposure to asbestos dust over many years working for a number of different employees. The medical evidence identified hat the inhaling of asbestos fibres was the cause of the disease. Nevertheless, it was impossible to identify in which particular employment the disease was actually contracted. The Court of Appeal accepted that medical evidence could not identify a single cause of the disease, which might be caused by contact with even single asbestos fibre, or may involve cumulative exposure to fibres. The Court of Appeal in fact rejected the claims. The HLs, accepted the expert evidence that it is scientifically uncertain whether inhaling a single fibre or inhalation of many fibres causes the disease. However, the HLs held that, because it is evident that the greater the exposure has a duty to take reasonable care to prevent employees from inhaling the dust. Besides this the House felt that any other cause of developing the diseases could be ignored in the case. On the basis that the claimants suffered the very injuries that the defendants supposed to guard against, the HLs were prepare to impose liability on all employers. The House chose to apply the ‘material risk’ test from McGhee. In doing so the house held that because all of the defendants had contributed to a risk of mesothelioma, then no distinction should be drown between the makings of a material risk of causing the disease and course of action that would materially increase the risk of the diseases. Because the Employers should only be liable for proportion of the damages then each employer should be liable to compensate its employee un full, even though the employee may have inhaled more asbestos fibres while working for another employee. As a result the Court held that the precise employer responsible could not be identified and so the claim should be rejected. It is impossible to say with certainty how the disease begins, but it is possible to identify that prolonged exposure worsens the risk. It seems then that The Court of Appeal applied Wilsher v Essex AHA [1986] inappropriately where McGhee v National Coal Board might have been more fairly applied in the circumstance. The House of Lords has in any case subsequently reversed The Court of Appeal decision. In Holtby v Brigham Cowan (Hull) Ltd [2003], here the claimant had been exposed to asbestos dust for more then 40 years while working for different employers. When he contracted asbestosis he sued the defendants, for whom he had only worked for half of that time. The trial judge reduced damages by 25 per cent. The claimant appealed and tried to argue for application of the principle in McGhee, that once having established a material contribution by the defendants he was entitled to full damages. The Court of Appeal rejected his argument and upheld the trial judge’s award, even though 50 per cent deduction would have seemed more accurate. McGhee was distinguished. A majority of the House of Lords in Gregg v Scott [2005], reaffirmed the general approaches in Hotson’s case should be followed and declined to depart radically from its principles. In Wilsher v Essex AHA [1986] the House of Lords identified that the excess oxygen was just one of six possible causes of the condition and therefore it could not be said to fall squarely within the risk created by the defendants. The court would not impose liability on the defendant in this circumstance although this seems very unfair. The main purpose of the rules of causation is to exclude those thinks that are not the cause of the damage. If the same damage would have been suffered even if the there had been no breach of duty of care, then he claimant loses. The breach of duty of duty may initiate a whole chain of further events-but some of these will be treated as to ‘remote’ from the original negligence for it to be appropriate to hold the defendant answerable for those distant outcomes. The test of remoteness of damage in the tort of negligence was said to be whether the damage the direct consequence of the breach of duty. The defendant was not liable, if it was merely indirect, which ‘broke the chain of causation’. This test was particularly associated with the decision of the Court of Appeal in Re Polemis [1921]. In The Wagon Mound [1961], The Privy Council held that defendant would be liable only if it was the foreseeable consequence. From the above discussion, a number of points can be made, which will be consider that Betty get compensation or not. †¢ The judges in the House of Lords in Fairchild accepted that the sufferers of mesothelioma, while inevitably deserving of compensation, are unable to satisfy the normal tests for causation because they will invariably be unable to point to a single party who is responsible. †¢ The Court was prepared to accept the possibility of a claim for three connected reasons: Claimants in such actions were unable to satisfy for causation only because of the current state of medical knowledge on the disease, although there could be no doubt that exposure to the asbestos fibres in whatever volume was at the root of the disease. Defendant has to prove that their negligence could not be the actual cause rather then the claimants prove the precise cause. The employer’s duty of care would be meaningless, as they could almost never be made liable. †¢ The majority of the judges were therefore prepared to accept an exceptional principle of McGhee. †¢ The Court was not prepared to extend principle of McGhee to factual circumstance such as those in Wilsher. †¢ The House of Lords appear to have engaged in a policy decision in order to ensure that there is compensation for asbestos related diseases contracted in the course of employment. So there is a limited chance to get compensation according to applying Fairchild and McGhee. Then three employers will be liable and bear compensation fully. But if Court apply Hotson v East Berkshire AHA Betty or Harry does not get compensation. Bibliography: 1) Markesinis and Deakin, Tort Law, 5th Edition (2003), Clarendon Press-Oxford 2) John Murphy, Street on Torts, 11th Edition (2003), LexisNexistm UK, 3) Chris Turner Unlocking Torts, 1st Edition (2004), Hodder Stoughton 4) I. M Yeats P. Giliker, Law of Tort, (2006), University of London

Acid Rain :: Free Essay Writer

Acid Rain   Ã‚  Ã‚  Ã‚  Ã‚  As the century past, the industrial society kept advancing. However, many advantages of the industrial society brings us also has a down side. One of the adverse effects of industrialization is acid deposition due to power plant, fossil fuel and automobile emissions. Acid rain is the popular term but the scientists prefer the term acid deposition. Acid rain can have adverse effects on the environment by damaging forests or by lowering the pH of the lakes and making the water too acidic for many aquatic plants and animals to live.   Ã‚  Ã‚  Ã‚  Ã‚  The father of acid rain research is an Englishman named Charles Angus Smith who suggested in, 1852, that sulfuric acid in Manchester, English, was causing metal to rust and dyed goods to fade. One source that causes acid rain are fossil fuel. Fossil fuel has many usage in our society. Such as to power electric power plants, industrial boilers, smelters, businesses, schools, homes and vehicles of all sort. These various energy sources contribute 23.1 million tons of sulfur dioxide and 20.5 million tons of nitrogen oxides to our atmosphere worldwide. When fossil fuels are ignited like oil and coal, they release carbon dioxide, a so-called greenhouse gas that traps heat within the earth's atmosphere which causes global warming that is taking place right now. Also, it releases sulfur dioxide, nitrogen oxide and various metals (mercury, aluminum) that are released into the atmosphere that reacts with other airborne chemicals (water vapor and sunlight) to produce sulfuric and nitric acid which later can be carried long distance from their source and be deposited as rain (acid rain) but acid doesn't just came from rain but also in the forms of snow, hail, fog, and mist. Forests are a complex ecosystems that involves trees, soil, water, the air, climate and other living organisms that support the community of wildlife: animals, birds, insects and plants and also a major economic resource. The countries hardest effected by acid rain is in the European countries, yet central Europe face a much greater threat since it has a large amount of forest area and about 8% of German's forest face the lethal effect of Waldsterben or forest death of acid rain. Acid rain kill about 50 million hectares of forest that have been damaged in Europe and in Central and Eastern Europe's thousands of tons of pollution each year that 14,000 lakes are unable to support sensitive aquatic life. Acid rain does not kill trees outright but weakens them to the point where they become susceptible to extremes of heat or cold, attacks from blight-causing or from inserts such as the gypsy moth, and

Education system of the United States of America Essay

The education system of the United States of America is divided into four major categories; the children join primary school at the age of five years. Upon completion of the primary education the Americans join secondary school which consists of seven years. The students who are through with the secondary level are then enrolled in the undergraduate schools. Students in these schools are offered either with an associate degree which takes two years or a bachelor’s degree which normally takes four years. Finally for the students who have successfully completed their bachelor’s degree and wish to continue enroll in the graduate schools where they can either pursue either a master’s degree which normally takes a period of two years or a doctorate degree for those students who wish to advance their education. Depending on the course the student opts to take the doctorate degree can take as little as three years or as many as six years to complete (Bobo, pp 84). Inequality in the education system of US Inequality in education is said to occur when the education quality that is provided to students is highly related to their class or status. The education system in the United States of America have instead of reducing inequalities existing in the society, the schools together with other educational establishments have to some extent enhanced the perpetuation of race and class boundaries. The allocation of resources in an unfair and unequal manner, to students with diverse socio economic backgrounds, has largely contributed to lowering of test scores and low enrollments rates in colleges. In the United States of America, resources availability and quality is determined by the quantity of funding received by the schools. This funding is determined largely by the amount of taxes that the home owners pay; almost half of taxes collected from home owners are used in the funding of the schools at the district level (Ferguson, pp 77). Neighborhoods that are more affluent collect more property taxes which imply that the schools in these areas receive more funding. Despite the fact that this seems to be quite favorable a serious problem comes up when the circumstances are reversed. The neighborhoods that are predominantly inhabited by poor population, the properties are cheaper and thus the property taxes obtained from such neighborhoods are also less. This therefore means that the schools in these regions are poorly funded and yet they are the ones which the students from the poor families attend. This clearly shows a lot of inequality since the students from the rich families who will in most cases will be living in wealthy neighborhoods will attend school which are well funded by the taxes collected from home owners, whereas their colleagues from the poor families residing in poor neighborhoods will attend poorly funded schools and thus both categories of students will not receive the same quality of education. The above situation reality is that the resources distribution among the schools depends on the socio economic status of both the students and the parents. Therefore, the education system of the United States of America enhances in the widening the existing gap between the poor and the rich. Over the past few years as a result of falling short of social mobility this gap has increased further (Bobo, pp 168). The social mobility is quite rigid in US; this mobility refers to the movement of people in a certain class status from one generation to another. The socio mobility is highly related to the rich tags, they create a notion that anyone with determination and works hard is able progress upward regardless to their back grounds. On contrary to this notion, the economists and sociologists have concluded that social mobility has stagnated or even decreased in the past three decades, some of the declines in the social mobility can only be attributed to the US education system which is stratified. The education system in the country forces the students from the low income families into schools that are not ideal; these students are in turn not offered with equal education motivation and schooling opportunities as those students from rich families. This repeated pattern of intergenerational school choices for child and parent results in social mobility stagnation (Kozol, pp 105). The models showing the attainment of social status have always assumed that social mobility is a contest which is open and that it is based on value as calculated over several years of technical ability and schooling. The open contest made the assumption that there was an equal opportunity to basic education. The Supreme Court made a ruling that schools that were separate but equal were unconstitutional; those opposed to integration had to find new means and ways of denying the basic education. If the schools being attended by the blacks and whites could not be segregated then the classes too could not and thus both the whites and the blacks should attend the same schools and classrooms failure to which will amount to denying equality in education to all students (Kozol, pp 98). Social immobility is more to the children who follow their parents’ footsteps and fail to obtain higher education. Such choices finally make the children from the poor families fail to access higher education. The reasons for the children from poor back grounds opting not to continue with higher education have a lot of explanations. The government on its part does not create enough awareness among the children equally and hence the children from lower class status grow up with fewer expectations in life, because such has not been properly instilled in them early in life by the education system that exists in the country. The education system of the United States of America lets down the students from the low income bracket since it does not offer them equal access to opportunities and resources as it does to those students from wealthy families. Studies have also shown that such programs such as the tracking education and gifted education are further used to manage the separation of those with lower skill levels from the ones with higher skills, which in most cases ends up separating the poor from the rich. In fact, most of the students in the program of the gifted students are from middle class families. This does not mean that it is only the rich students that are smart and the poor ones are not, but it simply implies that the program is used to enhance education inequality among the students on the basis of their back grounds it also shows that the students from the poor back grounds are not offered equal opportunities as the rich ones in their childhood development to enable them build up certain skills. The upper and middle class students grow up in an environment that foster their educational and intellectual development simply because their parents can afford to take their children to the museums, engage them in extra curricular activities, and pay private teachers to attend to their children. The poor children do not have access to such an integrated learning approach and the same is not provided in the education system of the US (Greenhouse, 124). The evidence of the fruits of inequality of the education system in the United States of America and especially in Chicago can be shown by the demographics and enrollment rates in colleges. It is highly influenced by the socio economic status of the students, in a study that was carried out in Chicago which examined the top colleges it found out that the following student representation. Seventy five percent of the students were from very rich socio economic backgrounds while the rest came from the poor back grounds. This is a good example of how much inequality exists in the education system of the United States of America and particularly Chicago (Lui, pp 220). The gap in the education system of US just like the chasm of wealth is growing wider and wider each year. An equal opportunity of accessing quality education has become a perennial dream for most of the progressive people and the working class. This dream has been undermined by forces of neo conservative. Despite the fact that there was the adoption of free education in the public schools by the US government in the past, an equal opportunity for quality education is yet to be achieved. Education in the public schools has always been provided for free, although in the past it was not free to the Native Americans, slaves, migrants, student with special needs, pregnant girls and other groups of people which were neglected (Bobo, pp 180). Although slavery came to an end, inequality in the education system still persists, despite the fact that it was one of the major rights the former slaves fought for. The former black slaves thought that by getting access to quality education they would be in a position to integrate socially with other Americans, but this remains a dream that is yet to be realized even though more than a century has elapsed since slavery was abolished. Black children have to date been denied a chance to access quality education since a vast majority of them come from poor families and the education structure in the united states of America is such that it offers a more favorable environment to rich students and denies the poor ones a chance to attend good schools which are well funded with ample resources to enable the students acquire quality education. As a result the black children have for a long time been prevented from succeeding academically and finally succeeding financially after school which applies to the whites (Kozol, pp 112). In Chicago as it is in most parts of the United States the blacks cannot afford to live in rich neighborhoods and since the schools receive much of their funding from the collection of property taxes from home owners, very little is collected in areas inhabited by the black population which in turn implies that their children will attend poorly funded schools which will in most cases lack proper facilities to enhance a smooth learning process. When students are educated in facilities lacking enough facilities they will end up performing poorly and thus have limited chances of excelling academically and in very rare cases will they be in a position to join credible institutions of higher learning. Such students will therefore, in future not be able to secure good white collar jobs and thus they are likely to earn much less in future as compared to those students who were in a position of attending schools that had enough facilities. Therefore, poor students will in future not be able to take their students to good schools since they cannot afford and hence their children will follow in their foot steps and the poverty chain will continue (Ferguson, pp 152). The education system in the United States aids in the maintenance of the existing class structure. Ever since slavery was abolished, the education system has been used by the racist whites as an instrument of enabling them maintains their throne by maintaining a poor black population. The ideas that the minority are inferior have been spread all over the country for decades and the less informed people have always fallen into the trap, as they are made to believe that intelligence and superiority is determined by one’s race. Skewed data has been used to assert such claims and to spread the ill intended ideas (Kozol, pp 144). Conclusion The education system of the United Sates of America is amounts to inequality as students are not given an equal opportunity of accessing quality education. This is mainly as result of the funding system which has been adopted which denies poor students a chance to attend schools that are well funded and thus have ample facilities to enable the to excel academically. The students from rich socio economic back grounds are in a position to attend well funded schools since such students will in most cases live in rich neighborhoods and since school funding originates from property taxes their schools will be well funded as more taxes will be collected in their neighborhoods. The fruits of this inequality are very evident in the enrollment rates of students in institutions of higher learning as statistics reveal that majority of students in these institutions are from the rich back grounds. The education system of the United States thus leads to inequality and denies the poor students an equal chance as the rich ones. Work cited: Bobo, Kimberley A. ; Wage Theft in America: Why Millions of Working Americans Are Not Getting Paid – and What We Can Do about It (2009): New Press, ISBN 1595584455. Ferguson, Ann Arnett; Bad boys: public schools in the making of black Masculinity (2001): University of Michigan Press, ISBN 0472088491. Greenhouse, Steven; The Big Squeeze: Tough Times for the American Worker (2008): Random House Inc, ISBN 1400044898. Kozol, Jonathan; The Shame of the Nation: The Restoration of Apartheid Schooling in America (2005): Crown Publishing Group, ISBN 0307339416. Lui, Meizhu; The Color of Wealth: The Story Behind the U. S. Racial Wealth Divide (2006): W. W. Norton, ISBN 1595580042.

The Following Seven Key Lessons Are To Help Any Beginner

The following seven key lessons are to help any beginner entrepreneur strive for success with a little more ease than as if they were to tackle it without any guidance. This book will focus on seven key lessons to becoming a successful entrepreneur as well as examples of entrepreneurs that have become successful either following these methods or creating their own pathway through the battle of entrepreneurship. To become and entrepreneur there are the lessons, the theories, the playbook that exists for entrepreneurs to help them succeed, but the ones who really thrive are the ones that will be taken about in the following pages. These entrepreneurs followed the lessons and took every step a successful entrepreneur should take to become†¦show more content†¦These few little words of advice can help you to become a great entrepreneur being firm, fair, consistent, and humble. The Second key lesson to becoming a successful entrepreneur is that you do not need to be special,that it s the hands you shake.Networking is one of the most important things in becoming an Entrepreneur. You can be a Wall Street executives son or daughter having the upper hand on others starting businesses but if you do not put in the hard work you will never make it. It will always be the man or woman that works the hardest day in and day out that will become the most successful entrepreneur. A man by the name of Noah Leask who is ex-military, a father and a husband. His number one thing that he stood behind for his success was that he was not special but that he worked the hardest out of everyone. He created a cyber security company by the name of ISHPI where he then went on to becoming a venture capitalist and now is a partner is several other companies. The reason Noah really became so successful is because how he networked, he went through several teams before finding the right one he could trust, he picked partners that held equal risk if the company failed so equal work was contributed, and he got a great mentor. The Third key is your financial plan so that the numbers are laid out in front of you. This is important to mainly yourself knowing where your money is going and why it s going there. You should be able to look threeShow MoreRelatedThe Effect Of Low Phonics On The Existing English Curriculum At The Early Grades Essay1554 Words   |  7 Pagesbe the most effective way to get children reading early. Phonics helps children to learn to read and spell words. Words are like codes and phonics teaches children how to crack the reading code. Phonics is therefore an important part of any reading development program. 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