The Law of Tort in a Factual Situation - Free Essay Example

Sample details Pages: 6 Words: 1751 Downloads: 3 Date added: 2017/06/26 Category Law Essay Type Analytical essay Level High school Tags: Tort Essay Did you like this example? Introduction This task will evaluate the impact of the law of tort on ABS chemical plant in a given situation. Scenario You work on the Legal Team for ABS Chemical Plant, it is your role to advise the Company Directors and Management on any legal issues that arise within the company. Advice has been requested following an accident on a family day visit to ABS Chemical Plant. Before visiting, the family were assured by the ABS Manager that they à ¢Ã¢â€š ¬Ã…“operated a safe environment and had safety advisors on site, at all times.à ¢Ã¢â€š ¬Ã‚  During the family visit, the chemicals used to treat waste water had caused a steam boiler to overheat, causing it to burst. The sheer blast caused serious physical injuries to the children and the mother who witnessed this suffered psychological trauma. The safety advisors were not present on the site and there was a delay in first aid and treatment being given to both mother and the children. The family car parked nearby had also been destroyed due to a blast. During the chaos, an employee who operated heavy machinery was distracted and caused a slight injury to a fellow employee. Apply the rules of negligence, vicarious and occupierà ¢Ã¢â€š ¬Ã¢â€ž ¢s liability to this case study, giving examples of relevant case and statute law. Develop the application of all these rules to provide a full conclusion and evaluation of the above incidences. Tort law impacts consumers and businesses like ABS chemical plant in various ways. Businesses are able to respect consumers to a great extent. On the other hand, the consumers enjoy diversity in the market. Tort law impacts businesses and consumers both positively and negatively. Tort law is basically the branch of law that deals with civil cases in which one party sues another party. For consumers, the threat of litigation is beneficial. For example, a restaurant that has meat spoiling in its refrigerator. The restaurant knows that ser ving bad meat can result in a  £100 fine by the city (if the restaurant is caught). The restaurant might figure that the potential fine is worth it, since the total value of the meat is  £1000. But enter the consumer. If the consumer (customer) gets sick after eating meat the restaurant knew was bad, the consumer might sue for  £2000 ( £1500 in medical costs and  £500 in lost wages). The restaurant knows that customers who get food poisoning might sue, and this is a huge motivator in keeping businesses on the up-and-up. Of course, businesses hate tort law for this same reason. Negligence An advantage of negligence for the business is that all parties in the ABS chemical plant can be held liable for the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s tort. This means that if ABS chemical plant is held liable they may be able to share or transfer the burden of damages by suing other members of the chain. However, if a party of ABS chemical plant were held liable th ey must prove the negligent party among the members of the chain. This may only happen if the company is a partnership etc. A disadvantage of negligence is that the plaintiff must show that ABS chemical plant did not meet its duty of care to the consumer in keeping them safe, and that the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s actions were the proximate cause of the failure. This means that it may be a lengthy process and it would cost a lot of money in for legal professionals to take the case forward which the family may not be able to afford. Another disadvantage is that if ABS are held liable it would affect the reputation of their business and it would result in fewer people getting work carried out by them due to bad working practices and health and safety, this could result in the workforce of the business being reduced. A recommendation for businesses like ABS chemical plant on negligence is to get public liability insurance as it would cover ABS chemical plant from civil lawsuits. It is also called umbrella coverage. Thus, umbrella public liability insurance would provide coverage beyond ABS chemical plants primary policy. In essence, personal liability insurance provides protection against unexpected losses and catastrophic situations. Also, public liability insurance may provide coverage for the insureds spouse, children and other relatives living in the home. Amounts in liability coverage typically range from  £0.6 million to  £6 million, depending on a variety of factors. The calculation usually depends on an individuals state of residence and the risk of liability exposure. Typically,  £0.6 million coverage has a premium amount ranging from  £130 to  £195 yearly. Catastrophic losses, frivolous lawsuits and high lawsuit settlements can occur as a result of liability claims against the insured. The limits on many primary businesses are not enough for unanticipated accidents and negligence costs. Therefore, public liabili ty insurance enables the insured to be free from unforeseen costs. Without this additional umbrella policy, an individual may be compelled to utilise personal funds to pay any costs beyond the limits of his primary liability insurance. Moreover, public liability insurance can cover liability claims against the insured, including slander, libel, invasion of privacy and defamation. It can also pay for medical expenses and legal fees. Nuisance An advantage of nuisance is the fact that action is not restricted to the particular types of nuisance, which form statutory nuisance. A disadvantage of nuisance for ABS is that if they failed to deal with a nuisance problem they could face legal action and a fine. The local authority could restrict or stop ABSà ¢Ã¢â€š ¬Ã¢â€ž ¢s activities. If ABS have a permit or exemption and they breach noise, odour or other conditions the Environment Agency or their local authority can take enforcement action against ABS. Another disadvantage of thi s for ABS is that if they cause a nuisance that causes harm to people or damages property they may be causing a private nuisance and could be sued by individuals or organisations. They may have to attend a court hearing and pay compensation or damages. A recommendation for a business like ABS would be that if ABS identified any nuisance they should take all reasonable steps to prevent or minimise it. To avoid causing a nuisance, they should: check noise, odours and other emissions at the boundary, and in the locality, of their site this should be done during different operating conditions and at different times of the day ABS could also try to maintain good relations with their neighbours. They could give neighbours early warning of any particular activities that they plan to carry out, such as installing a new plant. ABS could also assess whether odours are likely to be emitted from their site and the most likely sources, and appropriate control measures could be put in plac e. This could be made as part of their routine site inspections. ABS could also control or stop the odour at its source. They should be able to demonstrate that they follow good practice in their operations and that they have used the most effective means to prevent an odour nuisance. This could mean that the business builds a good reputation for itself and they could get more projects coming their way therefore increasing the demand for them, this could lead to an increase in the workforce and an expansion of the business. Vicarious liability An advantage of vicarious liability is that it is easier for the claimant to attach blame to a responsible person. Another advantage is that an injured person can pursue for compensation from an employer rather than an employee who caused the damage as they are covered by insurance for the harm. A disadvantage of vicarious liability is that if a claim is put in and a business like ABS does not have insurance they may have to pay compe nsation and fines out of their own assets and this may lead to decreasing the amount of wages, corporate profits being greatly affected and productivity going down. The bottom line is that the rising cost of torts is having a dynamic impact on our society. Another disadvantage is that someone is responsible legally for the behaviour and actions of somebody else, for example, the boss of ABS could find himself responsible for the injury to the fellow employee when in fact his staffs are the wrong-doers. Lastly a disadvantage of vicarious liability that the employee always gets away scot free receives any punishment for their action. Even if there is vicarious liability, the injured person does not necessarily give up any right he may have to pursue the employee individually. If, for some reason, the injured person is unable to get full compensation from the employer, then he might seek to recover the balance from the employee. In addition, the employer may well seek reimbursement for any amount paid to the injured person (although in practice this rarely occurs). A recommendation for businesses like ABS could protect itself from vicarious liability by imposing strict guidelines as far as acceptable behaviour. An agent or employee is said to be outside of the scope of his employment if he acts outside of his job duties. If a company makes clear what the job duties are, and limits the scope of employment, this can provide some measure of protection against this type of secondary liability being imposed. ABS could also provide extensive and offering ongoing training for supervisors and managers to employees on what constitutes illegal and unlawful acts in the workplace. Supervisor training is one of the most-effective forms of proactive measures that ABS can undertake to prevent incidents that increase the employers liability for supervisors actions. This would make reduce the amounts of incidents happening at ABS like the heavy machinery which was being operat ed and the employee was distracted resulting in an employee being injured reducing the amount of workforce and reducing productivity as the team was down by a member so has to make up for that member and also may feel unsafe in the workplace due to the blast. Conclusion This task has evaluated the impact of the law of tort on ABS chemical plant. Bibliography https://www.richardbuxton.co.uk/v3.0/node/18 https://www.ehow.co.uk/about_6613883_definition-personal-liability-insurance.html https://www.ehow.co.uk/info_8378431_advantages-disadvantages-strict-liability.html https://business.wales.gov.uk/running-business/data-protection-crime-insurance/noise-odour-and-other-nuisances-0 https://www.findlaw.co.uk/law/accidents_and_injuries/accident_claims/500045.html https://richardhall.articlealley.com/tort-law-change-and-its-impact-on-society-111707.html https://www.wisegeek.com/what-is-vicarious-liability.htm https://smallbusiness.chron.com/impact-vicarious-li ability-employers-24701.html https://answers.bloglines.com/Finance/How_does_Tort_Law_Impact_Businesses_and_Consumers Don’t waste time! Our writers will create an original "The Law of Tort in a Factual Situation" essay for you Create order

The Fao ( Food And Agriculture Organization Of The United...

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By the River Free Essays

The story of Harry Howdy living In a small country town and his growth Into a young man Is a ‘bloodcurdling’. That Is, It describes his coming of age, a process that moves children, sometimes quite roughly, into the adult world. The death of his mother and the loss of a dear childhood friend certainly force Harry to enter this adult world, as they teach him the importance of close and supporting relationships. We will write a custom essay sample on By the River or any similar topic only for you Order Now Harry has to take on adult responsibilities earlier than expected after the loss of his mother to a fatal disease. Both he and his brother Keith, take over the housework â€Å"my rather and me shared the duties our mother left us† to help their father, who Is busy In full time employment, providing for the family. It is Harry and Keith who keep the household running by â€Å"cooking† and keeping â€Å"the bathroom shining like a medal†. Harry has to combine these adult responsibilities with the grief that he feels, not only with the death of his mother, but also the death of his close friend Linda Mahoney. Linda Mahoney was Harry close school friend and her support enabled him to cope with the death of his mother and the small mindedness of his town. She shared her levels, ambitions, and her delouses orange cake with Harry. â€Å"She held out an orange cake and a card† and â€Å"l sat in the shade, enjoying her dreams and the sound of her eager voice until she stopped, closed her book, look up at me and ask, ‘What do you want to be Harry? ‘ â€Å". This highlights Land’s kindness to Harry and the way that she wants to encourage his dreams. When Linda drowned in a flood when Harry was 14, he grieved for her. From then on, Harry visited her memorial cross â€Å"so that our town had something worth remembering†, to tell her stories and to be close to her. He kept the area tidy In memory of Linda. Just like his father looked after his mother’s memorial. His school friend, Johnny Barlow, also grieved Land’s death. As the story in By the River progresses, Johnny Barlow became Harry close friend. This was despite the Barlow family having a bad reputation in town. The father â€Å"lines up empty beer bottles†; the eldest brother â€Å"received two years Jail, for beating up a businessman†, the other brother Wayne, â€Å"motorbikes, the pub and girls†. The youngest son Johnny suffered as a result of the poor reputation of his family. He’ll turn up Like his brother, locked In Jail’. In Harry corning of age, his father teaches him to form his own opinions of people and not to rely on other people’s misjudgment. While everyone in their town judges Johnny, Harry becomes friends with him. Harry discovers a ring on Linda Mahogany grave and learns that Johnny cared for Linda and that he is actually capable of emotionally hurting despite what some people might think, â€Å"she sat between us, remember? † Together they grieve for Linda and live through the judgment of the town. By the River’ Is a powerful Illustration of the life of a young boy who grows up following the death of his mother and close friend Linda Mahoney. It provides vivid examples of the difficulties of living in a small country town. Through Harry experiences in assuming adult responsibilities, through his coping with grief and through his reassessment of people’s characters, Harry transitions from childhood Into adulthood. In the beginning, Harry only wants to escape his town. Through his becoming of an adult, Harry realizes that, If he Is going to leave this How to cite By the River, Papers

College Education Comparison Between America And Vietnam Essay Example For Students

College Education Comparison Between America And Vietnam Essay Nowadays, in a modern world, college education takes an important part for people who want good living. The united States has many top colleges and universities in the world, so a lot of International students get here. Among all international students in the U. S. , the number of Vietnamese International students is ranked ninth. As an immigrant student, experience two semesters In a Vietnamese university and two years in Northern Virginia Community College, comprehend that there are many saltcellars and differences between college education In America and Vietnam In many regions, especially In education systems, technology and schooling locals. The college systems of America and Vietnam have many points in common. For example, students usually take tour years in universities to gain a BAA degree. In the first two years, students will take some general classes, this helps students accumulate basic knowledge and skills before taking major subjects. They also can earn Associate of Art certificate in communicate colleges to transfer to four years universities to get a BAA degree. Moreover, students will have to take some compulsory classes which are required for the majors they follow. Beside the similar points between American and Vietnamese education. Free hanging major in colleges of the U. S. Is one of various differences. In America, students can declare their new majors at any time and many times as they wish, while Vietnamese students are unable to do even a single time or It would be certainly complicating In additional, American students can study many majors at a same time, usually they take a main major and a minor major. It is really convenience in the U. S. Colleges to earn a minor major degree, since students do not have to take the subjects which are already In the mall majors programs of study. So, many students in America graduate with more than one degree and that give them unhindered opportunities. When comparing the education systems between America and Vietnam, technology cannot be unmentionable. Nowadays, college education In Vietnam has been developed a lot, using supporting devices, tools and machine for teaching and learning, many equipment are as convenient as those in America; still only big universities are equipped and have to use UN-Vietnamese books. Therefore, the needed mum In class In Vietnamese colleges Is longer than American ones, since instructors usually read or write on black board the lectures or for their students to take note, and that makes students have less time to study and research by homeless. On the contrary, In the U. S. , colleges give full facilities to teachers and students to enhance education quality, shorten the in class time, and then students have plenty of time to do their researches and studies. Furthermore, American students can take the Extended Learning Institute courses which contain hybrid courses, online course and telecommuters, while the Vietnamese colleges are unable to carry out. The ELI courses give students flexible schedules tofu winch are Important Tort students won are working Ana studying, so teen can manage to earn more income for their living, tuitions or entertainment, etc. Additionally, the purposes of education in America and Vietnam are very distinct. Vietnamese colleges improve national moral which helps students understand social circumstances , environment, and lifestyle of the people; helps students understand the history of the country, love their homeland, the customs value of the country. On the other hand, American colleges develop democratic and scientific spirit supports students organize working in groups that developed independent spirit through community and collective consciousness, supports students be able to recognize the values cultural of mankind. In my opinion, colleges in Vietnam train students to become talented people while American colleges make students become responsible citizens. Before I moved to the U. S. , I expected that I would study in a college which have enough equipment and quality teachers. .uae684c8df8c2b6c6f5b27a776ca1d68e , .uae684c8df8c2b6c6f5b27a776ca1d68e .postImageUrl , .uae684c8df8c2b6c6f5b27a776ca1d68e .centered-text-area { min-height: 80px; position: relative; } .uae684c8df8c2b6c6f5b27a776ca1d68e , .uae684c8df8c2b6c6f5b27a776ca1d68e:hover , .uae684c8df8c2b6c6f5b27a776ca1d68e:visited , .uae684c8df8c2b6c6f5b27a776ca1d68e:active { border:0!important; } .uae684c8df8c2b6c6f5b27a776ca1d68e .clearfix:after { content: ""; display: table; clear: both; } .uae684c8df8c2b6c6f5b27a776ca1d68e { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .uae684c8df8c2b6c6f5b27a776ca1d68e:active , .uae684c8df8c2b6c6f5b27a776ca1d68e:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .uae684c8df8c2b6c6f5b27a776ca1d68e .centered-text-area { width: 100%; position: relative ; } .uae684c8df8c2b6c6f5b27a776ca1d68e .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .uae684c8df8c2b6c6f5b27a776ca1d68e .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .uae684c8df8c2b6c6f5b27a776ca1d68e .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .uae684c8df8c2b6c6f5b27a776ca1d68e:hover .ctaButton { background-color: #34495E!important; } .uae684c8df8c2b6c6f5b27a776ca1d68e .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .uae684c8df8c2b6c6f5b27a776ca1d68e .uae684c8df8c2b6c6f5b27a776ca1d68e-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .uae684c8df8c2b6c6f5b27a776ca1d68e:after { content: ""; display: block; clear: both; } READ: Underrepresented Groups - Hairspray EssayHowever, for two years, I have experienced the best education that I ever imagined. The professors whose classes that I took were very nice, skilled and helpful. In America, education quality and responsibility of instructors are highly dignities by giving students the survey sheets after each courses to have feedback room students, the students will rate the quality of the courses, inductors and give their ideas how to improve the courses quality. Now I understand why the education in America is in the top of the world. In conclusion, through the comparison between college education in the U. S. And Vietnam, we see there are vast differences and similarities in three facts: education systems, technology and goals of schooling. However, the distinction is still enormous, which means Vietnamese people and international students must acquire assignments from the United States and struggle with all abilities to develop the country.