‘Reasonably Foreseeable’ Victim Evidence

‘Reasonably Foreseeable’ Victim Evidence 1.  Davina Davina must prove that her depression is medically-recognised (McLoughlin v. O’Brian (1983)) caused by the accident and that she was a ‘reasonably foreseeable’ victim. She must also show that her injury would be foreseeable in a person of reasonable fortitude (Page v. Smith (1996)). Davina is a secondary victim (Alcock v. Chief Constable of South Yorkshire Police (1992)) so must establish a close relationship between herself and Bertram, proximity to the accident and that her injury came through sight or hearing of it. Bertram is Davina’s brother; Davina heard the accident and attended immediately afterwards thus her claim should succeed, Whitchester District Council The pothole may constitute a breach of the Council’s duty under section 41 of the Highways Act 1980 to maintain ‘highways maintainable at public expense’. However, section 58 provides a defence if the Council took reasonable care to ‘secure that the part of the highway†¦ was not dangerous to traffic’. Therefore, if the Council carries out regular inspection and makes timely repairs it will have fulfilled its duty. Ethelred Ethelred may be vicariously liable for Conrad’s negligence, since Conrad is an employee (Ready Mixed Concrete (South East) Ltd v. Minister of Pensions and National Insurance (1968)) acting in the course of employment; although Conrad had finished his deliveries, he was going back to the depot and thus not ‘on a frolic of his own’ (Joel v. Morrison (1834)). Conrad Conrad owed Bertram the recognised duty between road users (Caparo v. Dickman (1990)) and must reach the standard of a reasonably competent driver (Nettleship v. Weston (1971)). Conrad was ‘hurrying’ back to the depot suggesting he was speeding or driving carelessly particularly since he was unable to stop in time. In a case involving multiple causes of injury, Bertram only needs to show that a breach materially contributed to the damage (Bonnington Castings Ltd v. Wardlaw (1956)). Running Bertram over with his lorry would cause a reasonably foreseeable (The Wagon Mound (No 1) (1961)) material contribution to his injuries which would not have occurred ‘but for’ Conrad’s negligence (Barnett v. Chelsea and Kensington Hospital Management (1969)). Alphonse Alphonse owed Bertram the recognised legal duty of care between road users (Caparo) and must show the same standard of care as a reasonably competent and experienced driver (Nettleship v. Weston). There is nothing to suggest that Alphonse was driving carelessly before hitting the pothole. It is unlikely that he will be liable to Bertram. It is likely that his broken wrist would be too remote for liability to arise (Wagon Mound). Alphonse should have been aware of the difficulties walking whilst wearing a neck collar and taken extra care on stairs. Bertram By stepping into the road without looking, Bertram could be considered to be contributorily negligent. The existence of a duty of care is irrelevant (Jones v. Livox (1952). If Bertram is found to be contributorily negligent any damages will be reduced to the extent that his carelessness caused his injuries, considering the relative blameworthiness of the parties. (500 words) 2. Private nuisance Private nuisance can be defined as unlawful interference with use or enjoyment of land. The claimant must be the landowner (Hunter v. Canary Wharf Ltd (1997)) and the interference must be an unreasonable state of affairs causing damage or personal discomfort as a result. Lordly is the landowner. Frequent bonfires will constitute a state of affairs. In considering whether this is unreasonable, the character of the neighbourhood will be considered (St Helens Smelting Co v. Tipping (1865)) in relation to the degree and type of interference that could be expected in that locality. It is likely that frequent burning of tyres on village outskirts would be unreasonable. Lordly has been unable to enjoy his garden because of the smell; smell is recognised as a recognised category of nuisance (Wheeler v. JJ Saunders Ltd (1996)). Sumpoil would be liable as the creator of the nuisance. Chip will not be able to bring a claim for disruption to his mobile phone as he is not the landowner. Public nuisance Public nuisance can be defined as nuisance which materially affects the reasonable comfort and convenience of a class of Her Majesty’s subjects (A-G v. PYA Quarries Ltd (1957)). Road users have been held to constitute a class (Castle v. St Augustine’s Links (1922)). Moreover, the claimant must have suffered special (particular) damage, which must be different in nature or extent from that suffered by the rest of the class. The smoke has adversely affected visibility for drivers and thus affects their convenience Lordly has suffered further damage and could therefore bring a claim in public nuisance against Sumpoil. Harassment Section 3 of the Protection from Harassment Act 1997 creates a statutory tort of harassment, satisfied if the defendant pursues a course of conduct (on at least two occasions (section 7(3)) that causes another to experience harassment. Such conduct can include words (section 7(4)). Therefore, Chip’s frequent swearing at Sumpoil may give rise to liability for harassment if it caused Sumpoil to feel harassed, alarmed or distressed. Assault and battery Battery is defined as the intentional direct application of force to another person. An assault is an act which causes the reasonable apprehension of infliction of a battery. Sumpoil walked up to Chip carrying a large wrench.. If Chip reasonably apprehended that Sumpoil was going to hit him, then Sumpoil would be liable for assault. Chip punching Sumpoil on the nose would constitute a battery, and, if Sumpoil apprehended the punch, would also give rise to an assault. Interference with business Lordly interfered with the supply of goods to Sumpoil’s business and may be liable for the tort of interfering with business if he knew of the existence of the contract and intend to interfere with its performance (Merkur Island Shipping Corp v. Laughten(1983)) without sufficient justification, leading to an actual breach of contract, causing damage. However, it is not clear whether the delays in delivery constituted a breach of contract or whether Sumpoil suffered resulting loss. (500 words) List of cases A-G v. PYA Quarries Ltd [1957] 1 All ER 894 Alcock v. Chief Constable of South Yorkshire Police [1992] 1 AC 310 Barnett v. Chelsea and Kensington Hospital Management [1969] 1 QB 428 Bonnington Castings Ltd v. Wardlaw [1956] AC 613 Caparo v. Dickman [1990] 1 All ER 568 Castle v. St Augustine’s Links (1922) 38 TLR 615 Hunter v. Canary Wharf Ltd [1997] AC 655 Joel v. Morrison (1834) 6 C P 501 Jones v. Livox Quarries [1952] 2 QB 608 McLoughlin v. O’Brian [1983] AC 410 Merkur Island Shipping Corp v. Laughten[1983] 2 AC 570 Nettleship v. Weston [1971] 2 QB 691 Page v. Smith [1996] 1 AC 155 Ready Mixed Concrete (South East) Ltd v. Minister of Pensions and National Insurance [1968] 1 All ER 433 St Helens Smelting Co v. Tipping (1865) 11 HLC 642 The Wagon Mound (No 1) [1961] 1 All ER 404 Wheeler v. JJ Saunders Ltd [1996] Ch 19 Bibliography Howarth, DR and O’Sullivan, JA (2003) Heppel Howarth Matthews Tort Cases Materials (5th edition), LexisNexis Butterworths, London Mullis A and Oliphant K (2003) Torts (3rd edition), Palgrave Macmillan, Basingstoke Rogers WVH (2002) Winfield Jolowicz on Tort (16th edition), Sweet and Maxwell, London

The World of the Shining Prince: Court Life in Japan

Ivan Morris’ The World of the Shining Prince: Court Life in Japan is an appraisal and an attempt to restore the imaginary life of Prince Genji in the highly illustrious Lady Murasaki’s Genji Monogatari and, for the most part, to portray Japan’s regal, entrenched, strange yet vibrant world. The manuscript was both a source of pleasure to those who would want to enjoy the splendor of literature and a good source of knowledge regarding the Land of the Rising Sun – its history and culture – details that even history failed to recount. This book has, beyond a doubt, disclosed the most intriguing and accomplished culture in our world, mulled over Japan’s classical age of marriage politics and the turbulent political currents of court life, the rise of aristocracy, Buddhists’ and Confucians’ doctrines of salvation and impermanence, the pursuit for elegance and refinement, the roles men and women play, over and above women’s role in the patriarchal society during their time. Physically, little was known about the odd yet amusing country which was â€Å"divided into large estates ruled by feudal baronies, dominated by military men who for over a century had kept the islands in a state of almost perpetual warfare,† (p. xxiii). There was already a well-established religion, rooted in Buddhism and Confucianism. Religious leaders are, in general, wealthy, powerful, and often wielded political influence that they, at times, oppose with secular authorities in supervising the territories. Provincial warriors also rose during the Heian period. Although, the West might have thought of their supreme power since they are physically trained, samurai warriors enjoyed no prestige among the nobles. It was only later that they ascended, which eventually lead to taking power. The Heian epoch is indubitably considered the peak of the Japanese imperial court where sovereignty lays upon the emperor. Nonetheless, power was wielded by aristocratic families, particularly the Fujiwara clan. The emperor upholds dominion over most of the territory. But, he did not have much supremacy to rule with equal firmness over all of this vast territory compared to the aristocrats. The latter filtered out into various ranks. And it had been palpable that the imperative factor in determining an individual’s rank that time was the overall status of one’s extended family. In other words, hereditary privilege is an overwhelming factor in one’s general status. This is why landed gentry would most likely choose to marry those belonging in the upper crust for their personal gain and sustained stature. Aptitude and knowledge might enable someone to advance to some extent, but there was little room for social mobility. The members of the Japanese court have, indeed, lived opulent lives, concerning themselves with works of art aside from their primary occupation of managing lands and came to depend on a system of private estates (shoen) for revenues. A paradoxical fact of the condition of the lower class was also shown in the masterpiece and was noticed by Morris. Ignorant peasants in their society produce nearly all of the country’s wealth but for the most part are experiencing a filthy and wobbly life. The members of the imperial families put land tillers to work to enrich themselves rather than for the benefit of the whole country. Indeed, in the political sense, the period is known for the height of control of the noble families. On the other hand, Heian Japan is also noted for its cult of beauty. In other words, it is a culture that has put emphasis on â€Å"beautiful things† or the â€Å"splendid things. † History would tell us that the aristocrats, particularly the Fujiwara clan, fostered a court culture which devote much of their time on refined tastes and elegant aesthetic pursuits. Since the upper-class Heian life were believed to be confined in their palaces, men and women rarely venture the world outside their homes, â€Å"almost claustrophobic in nature, and living an indoor life to a large extent,† (p. 167), most of them had sufficient leisure time, giving them enough time to develop artistry. Consequently, they became great patrons of poetry, painting, calligraphy, music, dancing, and landscape gardening. Poetry, in fact, became one of the most important skills to develop. The mastery of its technique was necessary in both social exchanges and formal poetic gatherings. The central figure in the Tale of Genji, to whom this book was attributed, dwelt remotely from his relatives and would exchange notes, messages, or poems once they get to see each other, especially during family gatherings. Other spare time activities include sketching and painting depicted in Morris’ account of Genji’s sketches of the sea and the hills, during the Prince’s banishment in Suma, and arrived at a conclusion that â€Å"they were almost all amateur artists,† (p. 186). A popular form of drawing consisted of sketches of men and women. It appears that these sketches were erotic (p. 86), however, there were no other details provided that will substantiate the truth of this claim. But what is apparent is the influence of the Chinese even in the arts. These portrayals reveal to us a particular age and civilization of the extraordinarily sophisticated Japan – a part of the world away from the cultivation of the West, a country so outlandish yet very rich when it comes to art, literature, and culture. The remarkable sense of aesthetics, as Morris noted, and the extent to which aesthetic beauty substituted for moral goodness both defined the characteristic of this ancient society. The other element that should be taken into consideration during the Heian Period is the position of women in the society. The world before is, undeniably, patriarchal. Women are considered inferior to male; a mere shadow to male’s existence; living without freedom; living without name. However, Morris was able to point out women’s position in the society that time. To know that women in Heian Japan were economically independent, or at least semi-dependent, surprised him. He added that they also benefit from total subordination from the domineering sex. This would suggest that Heian women, so long as they are financially stable, can do whatever it is that pleases them, without men dictating it. It is true that women are not quite affiliated politically, yet they were able to do well out of the freedoms that the Western women were not able to enjoy. Although, women were by and large branded as inferior, they could legally inherit and even own properties, as well as engage themselves in all sorts of leisurely activities. In fact, most of Heian prose writers were women. Lady Murasaki, who wrote the Genji Monogatari, along with other world-renowned writers flourished during this period. According to Morris, many of the women then had their own houses and being economically independent, were free to have such relations as they wished and also to terminate them. Part of their freedom is that they could refuse their favor to a man,; they could keep him waiting; they could send him away at any time; or replace him by another lover. This freedom was perceived by Morris as promiscuous, freedom that he himself was not able to characterize during his time. The society that surrounds them is filled with male supremacy but women in this period had a niche of their own – a nook that they know can satisfy them in some ways, in spite of the fierce standards of conduct during that time. Morris also stressed out the intricate relation between men and women of this milieu. Men can only converse with women if the latter were behind curtains. And there were even characters who lived apart from their female relatives and would see them rarely. Morris (p. 167) viewed this as an exaggerated case of formality with regard to the relation of men and women. Incongruously, though, there were some characters like Prince Niou who go to bed with Naka no Kimi on their first meeting and for Kashiwagi to do the same with Prince Nyosan before they have spoken to each other (p. 167). This gives us the impression that women are again classed according to their economic potential. Women can have freedom only if they can keep up with the challenges freedom entails. Women can have their choices granted so long as they can cope with the consequences of their decisions. In Morris’ account of the Shining Prince’s world, we were able to have a glimpse of a paradise located at one part of the globe. Their exquisite traditions, highly majestic politics, the rise and fall of aristocracy, exceptional artistic expression, the pursuit of elegance, and fascinating literature have been one of the world’s wonderful crafts ever hewn in the history of mankind. Overall, Morris’ attempt to discuss the narrative of an Eastern country was a brave endeavor to overcome Western ignorance. He was able to bridge distinct cultures, bringing forth understanding and high regard of unique civilizations, and in turn, minimizing indifference. There may have been lapses in the judgment of Morris regarding Japan’s mysteries, however, somehow his work was able to give a picture of Heian society of aristocratic reign, astonishing veneration for beauty and sophistication, and finally for the depiction of the interesting roles men and women played during that period of classical Japan. Indeed, Morris has produced a work of art that will not only entertain you about Japan’s lovely mysteries but enfold an interesting tale of the efflorescence of an ancient civilization.

What is Sampling in Archaeology

Sampling is the practical, ethical method of dealing with large amounts of data to be investigated. In archaeology, it is not always prudent or possible to excavate all of a particular site  or survey all of a particular area. Excavating a site is expensive and labor-intensive and it is a rare archaeological budget that allows that. Secondly, under most circumstances, it is considered ethical to leave a portion of a site or deposit unexcavated, assuming that improved research techniques will be invented in the future. In those cases, the archaeologist must design an excavation or survey sampling strategy that will obtain enough information to allow reasonable interpretations of a site or area, while avoiding complete excavation. Scientific sampling needs to carefully consider how to obtain a thorough, objective sample that will represent the entire site or area. To do that, you need your sample to be both representative and random. Representative sampling requires that you first assemble a description of all the pieces of the puzzle that you expect to examine, and then select a subset of each of those pieces to study. For example, if you plan to survey a particular valley, you might first plot out all the kinds of physical locations that occur in the valley (floodplain, upland, terrace, etc.) and then plan to survey the same acreage in each location type, or the same percentage of area in each location type. Random sampling is also an important component: you need to understand all parts of a site or deposit, not just the ones where you might find the most intact or the most artifact-rich areas. Archaeologists often use a random number generator to select areas to study without bias. Sources See the Sampling in Archaeology Bibliography.

Business Law-Historical Development of the Tests - 1025 Words

We live in a legal system in which we all have a duty to protect other persons from harm. The question the court must examine is what degree of duty exists under what specific circumstances. Although there were some attempts in the late 19th century to develop a general test, there was no accepted test until 1932. Oslash; The neighbour test The classic formulation of the  ¡Ã‚ ®neighbour ¡Ã‚ ¯ test of Lord Atkin in Donoghue v Stevenson [1932] AC 562 is the most frequently cited attempt to rationalize the duty of care:  ¡Ã‚ °You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.  ¡Ã‚ ± Who then in law is my neighbour? He defined the neighbour as  ¡Ã‚ °persons who are so closely†¦show more content†¦There must be sufficient proximity between the plaintiff and the defendant, and the court must consider it just and equitable to impose a duty of care. So the test enunciated in Caparo appeared to be applied by courts as the traditional approach. Oslash; The present position Developments since Caparo indicate that the period of retraction may well be over and an era of new expansion began. For instance, the builder ¡Ã‚ ¯s liability in negligence extends to later owners of the property who were not the building ¡Ã‚ ¯s original owner  ¡Ã‚ ª e.g. Bryan v Maloney (1995) 182 CLR 609. Another important case is Perre v Apand Pty Ltd (1999) 198 CLR 180. In this case, the court held that D was in breach of its duty of care to prevent economic loss to the neighbouring potato growers (P) when it supplied the inon-certified at-risk seed to the potato grower, because it was foreseeable for D concerning the likelihood that neighbours might be harmfully affected, and the physical harm is not a pre-condition to liability in negligence for economic loss. 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