General Jones VS Burnie Port Authority 1994 Samples for Students

Question: Discuss about the General Jones VS Burnie Port Authority 1994. Answer: Issues of the Case The main legal issues of this case were the non-delegable duties. The issues of the case were that the General Jones who was the plaintiff had his stuff kept in the building of Burnie who was the defendant in this case. Burnie had given contract to individual self-governing service provider to undertake particular task. Accordingly, in the negligence of the contractor, a conflagration of fire was triggered and burned down the building. Consequently, the property of the Plaintiff got damaged or destroyed (Barker, Fairweather Grantham, 2017). Relevant Law to the Case The case relates to the fire negligence. The law related to the case are various. One is that related to a fire that escapes from the premises. This is related to the rule of the Ignis suus. It also refers to the Rylands v Fletcher rule that is helpful in the determination of whether an independent rule in the Australia. The case also relates to the Fires Preventions Act 1774 that helped in the determination of whether it is part of the Australian law. It further relates to the Supreme Court Civil Procedure Act 1932 (Tas.), s. II (15) to help in the determination of Negligence-duty of the occupier of the land to neighbors. This will also contribute to determining the existence of dangerous activity undertaken by the independent contractor liability of the occupier for the negligence of the contractor (Foley Christensen, 2016). Analysis and Legal Arguments Raised The respondent who was General, agonized damages after a massive amount of vegetables that was frozen it possessed got tumble-down by the fire that smashed a structure owned by the Authority. The vegetables remained stowed in the 3-cold quarters within building. The General was an occupant of the cold room alongside the office regions following the arrangement with Authority. The remaining parts of the apartment encompassing the region amid ceiling as well as the roof stood under the Authoritys occupation. At point of the fire, the task was taking place to expand the apartment as well as the installation of additional icy storage amenities in enlargement. The original apartment that stored vegetables tagged Stage I alongside the uncompleted enlargement was called Stage 2. The Authority has involved contractor (a head) in regards to task engaged in the erections as well as equipping stage 2. Via the task ers, it did a portion of that undertaking itself, encompassing site clearance, concrete foundation pouring, alongside the steeltask design. Additional task engaged in Stage 2, comprising the steel frame erection alongside electrical and refrigeration equipment installation, being entrusted to the autonomous contractors. Wildridge together with Sinclair Pty. Limited (W. and S.) were among independent contractors. The task for which W. and S. were contracted entailed additional installation of refrigeration in stage 2. It encompassed substantial welding as well as the utilization of an enormous amount of EPS (expanded polystyrene) that remained the insulation substance. Whereas EPS entailed retardant substance for blastoff inhibition, it may ignite when under continued interaction with the blaze and scorching material. Upon ignition, the dissolution of material follows into a gooey fire that scorches with unusual fierceness, a speed that escalates in the symmetrical headway (Sappideen et al., 2006). The utilized EPS by W and S was promoted based on Isolite tag commercially. It kept in about 30 cartons cardboard that according to the Authoritys familiarity, loaded together in a given region and annulled under the Stage 2 roof in near neighborhood where W and S might, further be undertaking extensive activities of welding according to Authoritys knowledge. Apparently, it remained necessary that special be care applied to make sure that the flashes or melted fluid arising from such activities of welding never kindle cardboard of a single slanted ampule. When this occurs, the probability stood that Isolite in the said vessel could ignite with the outcome that all Isolite would be an irrepressible fire. It remains shared basis that, at the appropriate time, Authority remain individually in Stage 2 dwelling, entailing the void of the roof. Authority adopted no moves to evade conflagration danger that indiscreet welding goings-on in the boxes of the Isolite vicinity. On the detection of the erudite trial justice, W. and S. workers undertook the welding happenings in a negligence manner which spurs or liquefied metal dropped on 1 or additional cartons entailing Isolite (Oliphant, 2005). The ignition of cardboard occurred, and Isolite individually started to burn fiercely. The fire blowout right from the void of roof to entire of Stage two alongside a significant proportion of Stage one, encompassing such shares of original structure entailing the icy quarters that the General stayed. The conflagration of such fire within few minutes of ignition had the whole complex flames-engulfed. The General sued both W and S in Tasmanias Supreme Court. At initial example, proceeding became thorny by the third party alongside cross-clams amongst the defendants alongside extra party, Olympic which had already been the initial Isolite supplier. Neasey J, the erudite trial justice discovered that General was entitled to the ruling against Authority as well as W and S for injury that it had already sustained by the rationale of loess of the ice-covered vegetables. The Justice believed that liability of W and S arose from the ordinary principle of negligence laws application (ordinary negligence) alongside from extraordinary rule link to the obligation of the occupier application for the damage that fire spillage from her apartment triggered (rule of Ignis suus). The Justice further believed that liability of the Authority emerged from the rule of Ignis suus application. As amid W and S alongside Authority, Justice discovered that Authority was, by W and S reason of negligence, el igible to indemnification by W and S with respects to particular damage that the General was paid. The W. and S. and Authoritys 3rd party allegations against the Olympic remained discharged. The Full Court received an appeal from Authority based on order of the trial justice that the ruling be arrived at in the favor of the General against the Authority. The Full Court (Zeeman JJ, Cox and Crawford) validated the liability of the Authority to General as well as subsequently made orders that appeal immediately be discharged. Nevertheless, Full Court memberships concluded that foundation of the Authority liability to General never laid in any singular rule regarding solely to the fire escape but in an additional rule of general common law, as anchored on the Rylands verses Fletcher linking to liability of occupier for the injury triggered by dangerous substance escape ushered to his buildings. The current appeal is by the Authority from the Full Court rendered the judgment. General already made an argument that it is obligated to uphold the decision in its favor in the three unique grounds individually including, (i) the Ignis suus principle; (iii) ordinary negligence and Rylands v. Fletcher liability. The 4th ground (ordinary nuisance) fronted by the printed argument framework by the General but dropped during the oral argument. On his part as he was repudiating any obligation to General, the Authority has never tested the verdicts in the lower court to effect that General continued significant damaged triggered by fire feast from the buildings that the Authority was the occupant of (Stage two and Stage 1s remainder) to the buildings the General occupied (icy rooms) alongside that fire remained triggered by the Authoritys autonomous contractors negligence in undertaking the indiscreet welding activities on buildings that the Authority was an occupant in near vicinity of stacked cardboard cartons of Isolite. This currently undoubted verdicts of fact tha t principle of law pertinent has to be acknowledged (Rose, 2016). Summary of Judgment The Court held that the Rylands verses Fletcher that provided that the Burnie remains strictly accountable for the hazardous material escape deprived of the requirement to demonstrate responsibility, if anything on his land that is hazardous as well as artificial is absorbable into negligence ordinary rule. An exceptional relationship avails a singular, individual or non-delegable duty (NDD). Such a proximity association offers care duty of a unique alongside increasingly strict type, called a duty for making sure that sensible care remains upheld. Such relationships exist where the Burnie has an element of controlling the plaintiff or in case the plaintiff is vulnerable (Jahn Kassim, Ismail Azhar, 2014). It remains convenient to view the common element as the core control element. The proximity relationship viewed from the standpoint of the individual who is owed the duty, the care duty that cannot be delegated emerges whereby it remains marked by the exceptional reliance or the pl aintiffs vulnerability. The Rylands v Fletcher mentioned overhead is adopted due to being essentially containing the core aspect of the control that produces, in additional case categories, a unique personal/NDD of care within ordinary negligence law. This relationship is noted where an individual stays in control of the premises as well as who have ceased the opportunity of such a regulator to usher therein a dangerous substance. Therefore, the underlying question is if Authority ceased benefit of its living as well as regulator of the buildings to permit its autonomous contractor to usher and preserve the hazardous material or to involve in a hazardous undertakings on buildings. A beginning argument to get the answer to the above question has to start by considering what relevantly makes up a hazardous material/action. In current case, task undertaken by contactors remained dangerous. In case a single container could be ignited, it would remain unfeasible to control the conflagration of fire and hence would surely cause destruction to the building, collateral negligence. The General was owed a care duty that was not delegable by Authority as a dweller of such portions of grounds into where it needed as well as permitted Isolite to be ushered and welding task to be undertaken. The Authoritys duty of care extended to making sure that the autonomous contractor embraced sensible care to bar Isolite ignited due to the activities of the welding (Reid, 1999). The High Court of Australia treated the Rylands verses Fletcher rule as engrossed by principle of ordinary negligence. The greater proportion of the judges were influenced by the hurdles of interpretation as well as application to which such a rule had emerged from, the progressive rule weakening by the judicial decision, by acknowledging that the negligence law had already been extremely greatly established and enlarged since decision of the Rylands verses Fletcher besides by notion that many claimant entitled to triumph under the rule would proceed in a negligence claim anyway; in case a care duty emerges underneath negligence ordinary law, care benchmark demanded is that which remains sensible in condition (Foster, 2015). It already been stressed in various suitcases that extent of care within that benchmark essentially with involved hazard alongside that such jeopardy entails both an accident risk degree occurring as well as the potential damage seriousness in case an accident needs to take place even in the case in which the dangerous substance or the activity of type that could lure the Rylands v Fletcher rule is engaged, the benchmark of care stays that which remains sensible in the conditions; Adelaide Chemical and Fertilizer Co Ltd verses Carlyle. In a case of such activity or substance, nevertheless, a rationally sensible individual would exercise an advanced care extent. In fact, based on the degree of this danger, the benchmark of judicious care might engage a diligence gradation so strict as to quantity virtually to safety assurance (Costello, 2014). References Barker, K., Fairweather, K., Grantham, R. (Eds.). (2017). Private Law in the 21st Century. Bloomsbury Publishing. Burnie Port Authority v General Jones Pty Ltd (1994) 179 CLR 520. Costello, R. . (2014). Reviving Rylands: How the Doctrine Could Be Used to Claim Compensation for Environmental Damages Caused by Fracking. Review of European, Comparative International Environmental Law, 23(1), 134-143. Foley, M., Christensen, M. (2016). Negligence and the Duty of Care: A Case Study Discussion. Singapore Nursing Journal, 43(1). Foster, N. J. (2015). Vicarious Liability and Non-Delegable Duty in common law actions based on institutional child abuse. Jahn Kassim, P. N., Ismail, S. F., Azhar, M. T. (2014). Revisiting the scope of non-delegable duties of healthcare providers: issues and challenges. Oliphant, K. (2005). Rylands v Fletcher and the Emergence of Enterprise Liability in the Common Law. In European Tort Law 2004 (pp. 81-120). Springer Vienna. Reid, E. (1999). Liability for dangerous activities: A comparative analysis. International and Comparative Law Quarterly, 48(04), 731-756. Rose, L. (2016). Untangling the Rule in Rylands v. Fletcher from Nuisance. NEL Rev., 4, 127. Sappideen, C., Vines, P., Grant, H., Watson, P. (2006). Torts: commentary and materials.

The Way of Life for the Inuit People free essay sample

Students were sent away for 4 years to a school to get an education from some missions set up to help the villagers get a good education. The only bad thing about it was the fact that the schools discouraged native language. If students came to class and spoke a native american language they were punnished harsly, either with soap in their mouth or having to stick there head agaist the corner of a wall for long periods of time. Most of the Inuits entertainment was from hunting gatherings and raids. In result to the harsh, cold winters, inuit villagers had a hard time finding building supplies. No trees were found in the tundra. Only way to get wood was from transportation from different villages. The snow was a big factor in inuit life. They used snow for their house’s, also known as igloos. It was the best way to keep themselves from freezing to death or frostbite. We will write a custom essay sample on The Way of Life for the Inuit People or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page As the summer rolled around that ment the snow was melting away so the inuit people had to come up with a plan to have shelter. Their shelter was made up of streched out pieces of animal fur. Transportation was very small around the artic tundra because of their freezing tempuratures. When they did transport goods the relyed on huskies to pull them around the tundra. They huskies were respected so much because of their strong legs and thick skin for warmth and protection. During the summer they used two different kinds of boats, a kayak for hunting, and a umiaq for transporting people, supplies, and dogs. The inuit people had a huge hunting culture. Especially whales, during whale season inuit people set out on whale expeditions to catch, the whale fleets so they can stack up on food for the winter. The inuit people were very independent, and dependent on the few around them. They passed down the hunting kills from generation to generation, giving the inuits a big advantage in hunting and staying alive during the harsh winters.

Abandoned Baby Essay Example

Abandoned Baby Essay In abandoned baby a teenage girl called Donna becomes pregnant and after it is born she abandones it in a cardboard box wrapped in a tea towel at the bus stop. It is found by a girl from university and she takes it to hospital and it is in good health.The baby was named December Scofield as it was found in December and the girl who found it, had the surname Scofield.The issues that arise are teenage pregnancy, parenthood, responsibility and financing.Donnas Diary24 March:-I looked around everywhere, no one was around, so I slowly walked into the pharmacy and walked over to the pregnancy test area and picked up one of those packets. After I bought it I went home and tested myselfI was shocked it had proved positive, I aint got a clue of what to do, I want to tell someone but who?25 March:-My friends today were noticing my getting big as its been about six weeks, I think? I hope nobody jumps to any conclusions.6 May:-I felt so sick today my mum almost made me go to the doctors, but I s aid Id be fine and so I got away with it this time but still havent got the guts to tell anyone especially after what I heard my parents saying about my ex-boyfriend Steven, that he was a bad influence on me and that one day I would regret what he might do.21 May:-My friends were saying where you going to get the money from and how you gonna look after it..? but I said for what? and by the looks of it they seem to be knowing whats going on.31 May:-My clothes dont seem to fit now, all Im wearing is T-shirt and Jog pants all the time.5 June:-I went to the library today and got a book on parenting and read a bit and then fell asleep in the afternoon, I do seem to be sleeping a lot lately. Just before dinner my mum found that book I got and yelled as if someone had stab her, back to the point, she came running down and dropped the book on mu lap and said what on earth is this book doing in your room? I was terrified, what was I to say? should I tell her? would she be supportive? but in the end I said its for a school project and she relaxed like an exhausted flying bird. Then she said for a moment I thought you were having a baby.13 Sept:-Its a start to the new term at school and all the others shocked to see me looking like a balloon. I told them that I just had this problem which made me eat a lot but now Im on medicine.15 Sept:-Today at school we organised a holiday for Christmas and they kept asking it I would come and I said yes so many times, they still wont believe that theres nothing wrong with me.23 Nov:-Mum asked me if I was pregnant with all the vomiting, she said she would support me and everything, but as it was I couldnt tell her.3 Dec:-The baby was born today, luckly no one was home and I just fed it, gave it a bath and it just went to sleep, then I thought long and hard of what to do. I couldnt keep it my mum would kill me. My parents would be home in 2 hours. So then I just had to wrap it in a tea towel and found a large box and lined it with tea towels and put it in there, it was fast asleep and I was crying so much I just had to let it go I couldnt face showing my parents after it being born and not telling them when they asked.So then I stepped out the house and went off to where the road led, then I came to a bus stop with lots of people there, I thought this would be the best place so when it cried someone would know what to do, just before I left it I put my chain on it, the one with S=D on it. Then I went off to the park for a serious think and thought that I have basically ruined the babies life and any hope of peace it may have had.

Maslow essays

Maslow essays The success of any organization depends on the ability of managers and supervisors to provide a motivating environment for their employees. Motivation is fundamental to all organizations, and can be defined as the result of an employee's or subordinate's concentration towards a valued goal, through intensity, direction and persistence of effort. There are many theories of motivation that are applied in organizations worldwide on a regular basis. One of these is Maslow's Theory of Needs. It deals with individual motiviation and by understanding employee needs, managers can understand what rewards (either intrinsic or extrinsic) he or she should use to best motivate each individual. Abraham Maslow developed a five-level hierarchical theory of motivation that argues an unsatisfied need has the greatest motivating potential. His hierarchy of needs, starting wtih the most basic and ending with the most complex, are as follows: Physiological: Needs that must be satisfied in order for teh individual to survive, such as food, water, shelter, oxygen, sleep etc. Safety: Needs that include security, stability or certainty, predictability, protection from physical harm, and ordered and structured environment, freeedom from anxiety, etc. These are fundamental survival matters. Belongingness: needs that include feelings of acceptance, opportunities for social interaction, friendship, affection, companionship etc. Esteem: needs that include feelings of adequacy, autonomy, self-respect, competence, achievement, status, recognition or appreciation of these characteristics by others. Self-actualisation: a desire to become everything that one is capable of becoming or to develop one's true potential to the fullest extent possible, the desire to do a good job, etc. Self-actualisation needs are the hardest of the 5 basic needs to define and attain. It is less a need, than a final development stage for an individual. As individuals, we are mot...

Fire Writing - Reveal an Invisible Message

Fire Writing - Reveal an Invisible Message Use an invisible ink to leave a message. Reveal the message by touching a flame to the edge of the writing, causing it to burn away in smoldering flame. The paper is left untouched, except for the fire writing. Fire Writing Materials Potassium nitrate (available in stores or make it)WaterPaper (heavy, relatively absorbent paper works best, like parchment paper) Prepare Your Message Mix potassium nitrate into a very small amount of warm water to make a saturated potassium nitrate solution. It is fine if there is undissolved potassium nitrate.Dip a paintbrush, cotton swab, toothpick, fingernail, etc. into the solution and use it to write a message. You want to start the message or design at the edge of the paper. The lines of the message must be continuous since the fire will travel from the edge of the paper along the writing. You may wish to re-trace the message to make sure there is potassium nitrate on all parts of it.Allow the paper to dry completely. Your message will be invisible, so I hope you know where it started!Touch the edge of the paper, where the invisible message started with the flame of a lighter. The message will ignite and burn in smoldering fire until it is completely revealed. If you were careful only to light the edge of the message, the rest of the paper will remain intact. Disclaimer: Please be advised that the content provided by our website is for EDUCATIONAL PURPOSES ONLY. Fireworks and the chemicals contained within them are dangerous and should always be handled with care and used with common sense. By using this website you acknowledge that ThoughtCo., its parent About, Inc. (a/k/a Dotdash), and IAC/InterActive Corp. shall have no liability for any damages, injuries, or other legal matters caused by your use of fireworks or the knowledge or application of the information on this website. The providers of this content specifically do not condone using fireworks for disruptive, unsafe, illegal, or destructive purposes. You are responsible for following all applicable laws before using or applying the information provided on this website.

Growth rates and inflation rate Essay Example | Topics and Well Written Essays - 750 words

Growth rates and inflation rate - Essay Example Increase in prices of commodities result into reduced purchasing power. It is vital to note that the impacts of inflation are not uniformly distributed but they are benefits to some while at the same time they are hidden costs to majority of consumers. For instance, during inflation, the prices of physical assets increase thus making the owners to enjoy increased value of their assets (Auernheimer 25). But on the other hand, individuals who are willing to purchase the assets will pay more. Another impact of inflation is that it results to erosion of real value of money. One of the key impacts of inflation is that it results into inefficiencies that affect the budgeting and planning strategies of a government and firms. Based on its effect of reducing the real value of money, inflation makes firms to incur profits and losses. Another effect of inflation is that it results into uncertainties in the consumer’s purchasing power. As a result, there is low demand of products the level of investment as well as saving decreases. Despite the negative implications of the inflation on the economy, a moderate inflation allows real wages to decrease even if nominal wages are not changed resulting to equilibrium in the labor market. According to Robert Mundell theory, a moderate inflation allows savers to increase their amount of savings in order to have adequate funds to finance future activities. Through the increased saving, money is supply is put under control thus creating an economic equilibrium Conclusion In their efforts to regulate money supply, central banks emulate various microeconomic policies. These include open market operations, increasing or decreasing the rate on interest, discount rates and bank reserves among others. In cases the money in circulation increases to uncontrollable level, inflation results. Similarly, from the above discussion, it is clear that based on the

First World War Essay Example | Topics and Well Written Essays - 2500 words

First World War - Essay Example This is a reflection of the large numbers of deaths, which finally made the war unpopular on all sides. None of this means, however, that the war was unpopular in some countries to begin with. The European powers were still rivals for the spoils of Africa, and certainly Britain suffered from 'Jingoism' (A popular term for what is almost outward-directed xenophobia, extreme rivalry and bigotry aimed at Britain's economic rivals), and the majority of the other nations involved in the war did so too. Perhaps the only member of the Great War who was not a willing combatant is Russia, who entered into battle almost by accident, having become a third party in the Anglo-French Entente. Even there, however, public feeling was partially aroused by the 'neo Slav' movement "The Neo-Slavs envisaged truly independent Slavic nations in a free association"2. Other nations, such as America, also mobilised, but here the conditions of the popular movement are not always clear. While Woodrow Wilson's government swept into action: "People were ordered to 'work or fight'. Every adult male registered with a draft board"3. Although America joined the war too late to count as a subject for analysis here, the support which the war received when they finally joined provides an interesting parallel with the nations of Europe. In addition to the loss of life, the Great War had a number of consequences for all of the nations involved. Britain was obliged to grant women the vote after their war contribution; Russia collapsed into the Bolshevik Revolution, and then Communism; and Germany was damaged so severely that it also effectively disintegrated, and of course the mighty and powerful Austro-Hungarian Empire was finished. None of these consequences could have been foreseen at the beginning of the war. Britain The war in Europe came as no real surprise to anyone in Europe. For most of the first decade of the twentieth century, the continental powers were involved in a rapid series of peace talks and treaties. England and France became allies in 1905, with the Entente Cordial (Which became the Triple Entente when Russia joined). Forces such as the National Service League ensured that the general populace was prepared for war: " Unbelievably glib assertions that 'war is not murderwar is sacrifice - which is the soul of Christianity"4.In many ways, Britain was well placed for a short, sharp war with her continental rivals: the last decade of the nineteenth century has produced "An increase of 98.3 per cent in the size of the Army and a 70.9 per cent in the Navy"5. Marsh suggests the reason for this was the South African (Boer) War, but the ultimate result of this massive increase is that there were a large number of servicemen in the British Army at the outbreak of the war. Furthermore, there were pressing needs to develop a distraction for the British populace: the situation in Ulster was growing increasingly tense. As late as May 1914, the government was passing Home Rule legislation in order to contain the threat of war6. In a game of consequences with the Irish Nationalists, the Prime Minister Asquith was prepared to force a state of war in order to keep as much power in English hands as he could. Asquith was in trouble at home too, where the 1913 act that enabled Suffragettes to be force-fed was coming under fire.7 The additional problems of "intensified industrial unrest"8