Legislative Intervention in Law of Negligence MyAssignmenthelp.com

Question: Discuss about the Legislative Intervention in Law of Negligence. Answer: Introduction: The issue in the present case is if Kate and Brent Smyth have a cause of action against Rocky Tours in view of the fact that it has been clearly stated in the terms and conditions of Rocky Tours that the company cannot be held liable in any way regarding any death, personal loss or injury that may be suffered by the consumers at any time when they are on their tour. It has also been stated in the terms and conditions that the provisions of Australian consumer law will not be applicable to any tour that has been purchased through Rocky Tours. In this context, the law provides that the consumer guarantees provided by the Australian Consumer Law cannot be included, limited or restricted by the suppliers and manufacturers. And in the same way, they cannot avoid their obligations by making the consumers agreed that the law of another country will be applicable in case of the contract between the parties are regarding any dispute between them. Therefore the law provides that a supplier cannot tell the consumers that a particular consumer guarantee does not exist or it may be excluded or it may not have a particular effect. In the same way, it has been provided by the Australian Consumer Law that the consumers cannot surrender their rights even if they agree that the consumer guarantees will not be applicable in case of a particular contract (Deakin, Johnston and Markesinis, 2003). For example, in case of no refund signs, the law provides that the signs according to which it has been mentioned that no refunds will be made, are unlawful. Due to the reason that they imply that it will not be possible for the consumers under any circumstances to get a refund, even if there is a major problem present with the goods or services. Due to the same reason, the signs which mention that there shall be 'no refunds on sale items' or 'exchange or credit note only in case of return of sale items' are also unlawful (Kujinga, 2009).). A special provision is present in the Australian Consumer Law in section 64, and it deals with recreational service providers. This provision provides that, according to the Competition and Consumer Act, 2010 and some fair trading legislations of states and territories, the suppliers of recreational services are allowed to exclude, limit or restrict their liability when they do not fulfill the consumer guarantee. According to which they should provide these services with due care and skill and they should be fit for a particular purpose and should be provided within a reasonable time. The suppliers can restrict their liability in case of death or personal injury which includes illness, both mental and physical but not in case of property loss (Tomasic, Bottomley and McQueen, 2002). Under these circumstances, it becomes important to note what is guaranteed by the consumer guarantees under the ACL. The effect of the consumer guarantees mentioned in the ACL is that a guarantee is automatically provided by the suppliers and manufacturers regarding certain goods and services sold by them to the consumers. These rights are present, irrespective of any warranty that has been given by the manufacturer or the supplier. For this purpose, a supplier includes traders, retailers and the service providers, who sell goods or services to a consumer in context of trade or commerce. Similarly, a manufacturer can be described as a person who makes or puts together goods or who has its name on the goods (Gardiner and McGlone, 1998). Therefore the term manufacturer also includes the importer, if there is no office of the maker in Australia. In view of the above-mentioned provisions, a guarantee is provided by a supplier and the manufacturers that the goods shall be of acceptable quality, matching description and the goods will also match samples or demonstration model. It is also guaranteed by a supplier that the goods purchased by the consumer will have a clear title, will be fit for a disclosed purpose and do not have undisclosed securities and the goods will come with the right of the consumer to undisturbed possession. While supplying services to a consumer, it is guaranteed by the supplier that the services will be provided to the consumers with due care and skill, the services will be fit for the specified purpose and (when no time limit has been described), the services will be provided within a reasonable time. Similarly, a manufacturer provides a guarantee to the consumers regarding the availability of repairs and spare parts and also guarantees that any express warranties related with the goods will be honored (McDonald, 2005). Generally, the consumer guarantees are applicable in case of goods and services that have been purchased after 1 January, 2011 by a consumer. It needs to be mentioned that the consumer guarantees are applicable to any type of goods or services with the value of $40,000, and also in case of the goods or services that cost more than $40,000, but that are generally used for personal or domestic purposes. Similarly, the law provides that in case of return on a trailer, the cost is irrelevant. The law further provides that in case the goods or services do not fulfill a guarantee, a right has been provided to the consumers against the suppliers and in certain cases, these are manufacturer, will be required to provide a remedy, and attempt to put right the deficiency or the fault or the failure to fulfill an obligation. When only a minor problem is present with the good or service, it is available to the supplier to choose between providing repair or to offer a replacement or refund to the consumer. On the other hand, when major failure is present with the goods or services, it is available to the consumer to reject the goods or services and either to ask for a refund or replacement or to seek compensation for any drop in value of such goods or services. The consumer protection agencies can also take action against the supplier or the manufacturer on behalf of the affected consumers if the supplier or the manufacturers had failed to fulfill the obligations that have been prescribed for them under the consumer guarantees. In the present case, the law provides that Brent has the right to remedy because the services provided by Rocky Tours did not meet and consumer guarantee, which requires that the services should have been provided with due care and skill. It needs to be mentioned that the consumer guarantees are applicable in case of major as well as minor problems. However, the type of remedy, and we should provide a remedy depends on the problem and the fact that which consumer guarantee has not been fulfilled. It needs to be noted that the recipients of gifts also have the same rights as enjoyed by a consumer who was purchase the goods directly. For example in the present case, Brent can claim compensation from Rocky Tours as the services were not provided with reasonable care and skill and the services were not fit for the particular purpose. In the present case, while booking the tour, Brent had clearly told Rocky Tours that he was concerned regarding the liberal part of the tour as his wife Kat e cannot swim. However, he was told by Rocky Tours that the river part of the tour will be a leisurely cruise on the river in Canada, and certainly it will be fit for Brent and Kate Smith, who were in their late 50s. Brent had booked the tour after getting this reassurance and paid $12,000 for the tour. However, on the ninth day of the tour,, which was the river cruise, the tour guides told them that they will have to get into rafts and travel down the rapids. When Brent told the tour guides that his wife cannot swim and they do not want to go into rafts, they were told that as they were in the wilderness and it was the only way to reach the river, they will have to get in the rafts. However, Brent and Kate's raft overturned, and as Kate could not swim, she drowned. On the other hand, Rocky Tours one to evade their liability in view of the terms and conditions that have been accepted by Brent on their website. According to the legal provisions mentioned above, it is clear that Rocky Tours cannot exclude their liabilities for death or personal loss or injury suffered by the consumers while they are on the holiday. Due to the reason that the statutory consumer guarantees that has been provided by the Australian consumer law cannot be excluded by a party to the contract. At the same time, even if Rocky Tours were providing a recreational service, but before entering into the contract, Brent had clearly told the company that his wife Kate does not know swimming before they were not willing for the river part of the tour. But the company had told them that it will be an eight hours cruise on the river and most suitable for them. But in reality they are made to go in the rafts. References Deakin, S., Johnston A and Markesinis B (2003) Markesinis and Deakin's Tort Law, Oxford University Press Gardiner D and McGlone, F., (1998) Outline of Torts (2nd ed,), Butterworths Kujinga, B. (2009). "Reasonable Care And Skill The Modern Scope Of The Auditor's Duty". GAA Accounting McDonald, B. (2005). "Legislative Intervention in the Law of Negligence: The Common Law, Statutory Interpretation and Tort Reform in Australia". Sydney Law Review. 27 Tomasic, R., Bottomley, S., McQueen, R., (2002) Audits and Auditors, Corporations Law in Australia, Federation Press

Business Proposal free essay sample

Funding Requirements14 Confidentiality Agreement The undersigned reader acknowledges that the information provided in this business plan is confidential; therefore, the reader agrees not to disclose it without the express written permission of Mr. K Seeman Durai. It is acknowledged by the reader that information to be furnished in this business plan is in all respects confidential in nature, other than information that is in the public domain through other means, and that any disclosure or use of this confidential information by the reader may cause serious harm or damage to M/s. Newsky Fireworks Limited Upon request, this document is to be immediately returned to Mr K Seeman Durai. Signature Date : 26. 05. 2013 1. Executive Summary Promoter’s Profile 1. Name:K Seeman Durai 2. Age:45 years 3. Address:No. 4859 Nethaji Road, Sivakasi 4. Educational Qualification:M. B. A. , M. I. B. 5. Years of Experience:20 years (M/s. Murugan Fireworks) Financial projections are summarised and highlighted. (Rs. In Lakhs) |Particulars |Year 1 |Year 2 |Year 3 | |Sales |50. We will write a custom essay sample on Business Proposal or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page 0 |75. 00 |90. 00 | |Exports |35. 00 |40. 00 |50. 00 | |Net Profit before Tax |15. 00 |35. 00 |50. 00 | |Investment |80. 00 |90. 00 |95. 00 | 2. Company Description Promoters and Shareholders |Name |Age |Designation |Address |No. of Shares | |K Seeman Durai |45 |Promoter |No. 859 Nethaji Road, Sivakasi |10 lakhs | | Karthik |43 |Chief Executive |No. 728, West Car Street, Trichy |1 Lakh | | | |Officer | | | | Jeya Sivasakthi |45 |Managing Director |No. 73, South Masi Road, Coimbatore. |2 lakh | |Kandan | | | | | |P. Dhanalakshmi |35 |Director |No. 83, Sarojini Road, Salem. |3 lakh | |T. Abinaya |34 |Director |No. 34, Second Street, Theni |3 lakh | |S. Aishwarya |40 |Member |No. 4859 Nethaji Road, Sivakasi |1 lakh | |S. Geetha |39 |Member |No. 73, South Masi Road, Coimbatore. |1 lakh | Advisors |Name |Educational |Role |Address |Contact No. | |Qualification | | | | |CA G Rajesh |M. Com. , F. C. A. |First Auditor |8493 Sarojini Street, Chennai|+919835748343 | |Mrs. D Sheela |M. A. ,M. L. , |Legal Advisor |857, Gandhi Road, Madurai |+919447382342 | |Mr. K Gulandaivel |B. E. , |Technical Advisror|76, Tagore Street, Vellore |+919472834234 | Products and Services †¢ Unique Selling Points : Crackers that burst with wordings regarding to the occasion. e. g. Happy Diwali, Happy New Year, Happy Married Life etc. ) Long Term Aim of the Business â€Å"To provide Eco-Friendly Crackers† Objectives |Particulars |I |II |III |IV |V | |Sales |50. 00 |75. 00 |90. 00 |95. 00 |100. 00 | |Exports |35. 00 |40. 00 |50. 00 |55. 00 |60. 00 | |Employment |2. 00 |2. 15 |2. 25 |2. 50 |2. 60 | SWOT Analysis Strengths |Weaknesses | | | | |Investments and Professionals | | |Opportunities |Threats | | | | |Everlasting Demand |Competitions | 3. Market Analysis Target Market Market Segmentation Profile of Competitors Main Competitors would be : †¢ Arasan Groups of Fireworks Industries †¢ Kaliswari Fireworks †¢ Sony Fireworks Competitive Advantage We have the following Competitive Advantages †¢ Unique features †¢ Price †¢ New technologies or systems †¢ Better value to customers in terms of efficiency †¢ Greater compatibility with existing systems †¢ Include any independent validation or case studies Benefits to Clients Our product provides to potential customers in terms of their own business goals. It enable them to: †¢ Increase sales †¢ Increase efficiencies Save money †¢ Save time †¢ Maximise resources †¢ Reduce errors †¢ Reduce downtime †¢ Improve Customer Service, reduce churn, increase loyalty 4. Marketing/Sales Strategy Marketing Strategy †¢ The Southern Tamil Nadu zone is to be concentrated first and youngsters are to be focused †¢ Followed by youngsters, children, adults are to be concentrated †¢ Youngsters are the potential customers already targeted †¢ Test site in operation are will be conducted, and feedback will be analysed properly †¢ Agents and Representatives are expected for marketing Sales Strategy The major Sales Strategy is to sell directly and by means of distributors. Particulars |Direct Sales |Through Distributors | |Composition |25% |75% | |Cost Involved |10/unit |7/unit | |Pricing |Penetration |Penetration | Pricing †¢ Competitors Price is higher than our price †¢ There is a sufficient level of competition in the market †¢ Production costs and overheads are expected to be 60% of sales †¢ The buyer can control the price to a c onsiderable level. Marketing and Communications Strategy Advertising and Publicity will be the active source of Promotion. Advertising : Through televisions and newspapers. It is targeted to audience all over the state at the initial level Publicity : Banners have been planned to be placed at various hot locations 5. Research and Development Process [pic] Research and Development It has been planned to organize a RD Department that would be actively engaged in the research of Eco-friendly crackers and to come up with various innovative ideas. 6. Staffing and Operation Management Organisation Chart Staffing †¢ Department Managers are to be appointed by the Board of Directors. The selection criteria for the same would be Educational Qualification, Experience, Age etc. , Department Managers are given the power to recruit employees for their concerned departments for which selection criteria is to be set by the directors. †¢ Skilled, Semi-Skilled and Unskilled Workers are to be utilised for various production processes. The same would be procured from the nearest locations at a reasonable cost. Tra ining Plans Training Programmes are to be conducted at regular intervals in order to enhance the efficiency of the skill levels of the workers. 7. Financial Projections IKey Assumptions10 IIBalance Sheets11 IIICashflow12 Requirements for Preparation of Projections 6. Opening figures included based on latest Mgmt/Audited accounts 7. Shareholders Fund analysed into Share Capital, Share Premium and Retained Profits 8. Sales Assumptions provided by unit, price segment geography and reconciled to pipeline 9. Expenditure categorised into RD, Admin and Overheads and Promoters / key managers salaries 10. Identification of monthly and cumulative company operational deficits 11. Sensitivity analysis may be required, detailing strategies to be implemented if sales or expenditure targets are not met. 12. Projections should identify separately Operational Cash Flow and external Cash Injections IKey Assumptions |Particulars |Year 1 |Year 2 | |No. f Employees |250 |300 | |Investments in Equipment |1,50,00,000 |1,55,00,000 | |Projected RD costs |25,00,000 |20,00,000 | |Depreciation allowed for |12,00,000 |11,50,000 | |Expected rent and rates charges |5,00,000 |5,00,000 | |Creditor days expected |45 |60 | |Debtor days allowed |60 |60 | IIIBalance Sheets IVCashflow 9. Funding Requirements |S. No. |Sources |Amount | |1. |Equity Shares of Rs. 10 each |Rs. 60 crore | |2. |10% Preference Shares of Rs. 100 each |Rs. 25 crore | |3. |8% Debenture of Rs. 100 each |Rs. 25 crore | |4. |Term Loans |Rs. 10 crore | Required for: †¢ Equipment:10 crore †¢ RD:15 crore †¢ Marketing:2 crores †¢ Staffing:6 crores 26. 05. 2013 Newsky Firework Limited Business Proposal K Seeman Durai Group

A Boston College Essay Sample

A Boston College Essay SampleAre you a prospective student who is looking for a good college essay sample? You have come to the right place. In this article, we will be discussing a Boston college essay sample.The reason why many students opt for online essays instead of traditional essays is because online essay samples are much more creative students write. In order to make it easier for us to choose a quality essay sample, I am going to briefly discuss Boston College essay sample.I don't know too many colleges that do not provide essay samples in their syllabi or their course catalog. You should expect to find one or two sample essays on each college website. Some may be like those displayed on most websites, but they do not contain the writing skills of a real essay.This article is about selecting a great essay writer from Boston College. We are not just interested in how well a writer writes, but how well he or she thinks. It is that creative part of a student that we want to fo cus on.Many high school students think that they are smart because they are good at math, but they have no idea that even with a great SAT score, a high grade point average and very well written essay samples, they still won't be accepted into the college of their choice. It's important for the prospective student to understand that no matter how good a student you are, if you don't have a creative thought process then you will not be a successful student.Now, because of the competition for the best students, some of the top colleges and universities have now published official essays from students on their websites. These essay samples can really help any student to identify the writers of the essay samples.They are called essay samples and they are very different from each other. Boston College has quite a few different ones and many of them are very creative. One of the examples of this is written by a student named Owen Wilson.This essay is an example of what a Boston College st udent should expect to find. He makes an effort to be as creative as possible and he makes his essay stand out. His essay is highly creative and has a great flow, but it is the kind of writing that will get the student a lot of attention in the admissions office.

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The Marburg Virus Many new viruses are emerging from the rainforest every year. The deadly viruses include the Ebola, Marburg, and AIDS viruses. They are some of the most destructive and lethal viruses that human kind has ever seen. They seem to affect most of the body and it's organs with some rather gruesome symptoms. Although most die ending their suffering, some survive to relay the story of their pain. The Marburg virus described in "The Hot Zone" , by Richard Preston, exemplifies these new gruesome viruses well. A person is infected with the virus through sexual contact or contact with bodily fluid(29,39). After infection, the symptoms begin within seven days(14). The symptoms begin with a headache. This headache worsens throughout the day spreading to pain in the eyes and temples. On the second day the victim begins to feel horrible back pains(14). These symptoms of the first stage of the virus are considerably vague. The victim can easily mistake these symptoms as something minor such as the flu, thus delaying diagnosis. During the second stage of the virus the symptoms become more visual. At this stage the victim becomes a little more aware that there is something more serious than the flu wrong with them. During this stage the victim's eyes begin to turn red in color and the face loses all appearance of life(15). "His face lost all appearance of life and set itself into an expressionless mask, with eyeballs fixed, paralytic, and staring. The eyelids were slightly droopy, which gave him a peculiar appearance, as if his eyes were popping out of his head. The eyeballs themselves seemed frozen in their sockets, and they turned bright red. The skin of his face turned yellowish, with brilliant starlike red speckles."(15) This passage describes Charles Monet who, at this point, is just entering the second stage of the Marburg virus. His skin became jaundice and his eyes have started to turn red, these were the first visible signs that there was something seriously wrong with him(15). At this point Monet's personality was said to have changed. He was described as sullen, resentful, angry, and he was beginning to lose his memory(15). The symptoms of the virus at this point could still be mistaken for another disease such as Malaria. Dr. Shem Musoke mistook the virus for Malaria when he was in this stage of the virus(29). When given a shot for Malaria, he remarked that "He had never felt such pain from a shot; it was abnormal and memorable."(30) The third stage of the virus is by far the most damaging of the stages. "His eyes are the color of rubies, and his face is an expressionless mass of bruises. The red spots, which a few days before had started out as starlike speckles, have expanded and now merge into huge, spontaneous purple shadows: his whole head is turning black-and-blue. The muscles of his face droop. The connective tissue in his face is dissolving, and his face appears to hang from the underlying bone, as if the face is detaching itself from the skull."(17-18) This passage describes Monet during the third stage of the virus. At this point the victim begins to vomit uncontrollably. This black spotted, red vomit is known as "vomito negro", or the "black vomit". This vomit is loaded with the virus(18). At this point "extreme amplification"(18) is starting to take place. Extreme amplification is the saturation of the body with virus particles. At this point it is said that there may be over a hundred million particl es of the virus in one drop of the victims blood. Black vomit is the first sign of extreme amplification(18). Blood clot begin to occur throughout the body at the point. The intestines begin to die for lack of blood. Depersonalization starts to take place. This is the wiping away of the victim's personality by brain damage. Spots on the brain are liquefying(19). During the final stage "? the human virus bomb explodes."(23) At this stage the host is said to "crash and bled out"(23). The victim begins to feel weak and their spine goes limp. At this point the victim goes into shock.(23) Massive quantities of blood are expelled from the mouth and

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Modern ideas are first formed from a simple hypothesis, with little evidence and much hope of truth lying beneath. These ideas become more greatly researched, and develop and change over time, due to more evidence. The modern societies today are such as this, with greatly updated advancement, but true to their original roots, of ancient times, when the beliefs and ideas were only theories, not facts to be found true. According to A History of the Modern World, there is â€Å"in our time a kind of uniform modern civilization which overlies or penetrates the traditional cultures of the world.† Some of these traits are pressures for an increased democracy, countries affecting each other’s growth, and Europe holding the key to the traditional times, which date back to ancient times. One example of using ancient times as a basis for modern civilization is the pressures for an increased democracy. In order for a country to improve its social and ethical conditions, changes must be made in the political powers to help its affected state grow. â€Å"†¦and all modern governments, democratic or not, must seek to arouse the energies and support of their populations† (Palmer 10). Also, with acquired knowledge, the current morals and beliefs of the community may change, and the democracy of the community must adjust to these changes. â€Å"In modern society old customs loosen, and ancestral religions are questioned. There is a demand for individual liberation, and an expectation for higher living† (Palmer 10). People yearn for equality, in every ethical aspect, and need a strong democratic system to support this. The fast changing social desires become social movements, and since the beginning of civilization, the ideas taken from the old world are brought to improve the new world. Another way the traditions of the old world affect the new world are the way modern countries affect each other. In order for the countries of our planet to... Free Essays on Traits Of A Modern World Free Essays on Traits Of A Modern World Modern ideas are first formed from a simple hypothesis, with little evidence and much hope of truth lying beneath. These ideas become more greatly researched, and develop and change over time, due to more evidence. The modern societies today are such as this, with greatly updated advancement, but true to their original roots, of ancient times, when the beliefs and ideas were only theories, not facts to be found true. According to A History of the Modern World, there is â€Å"in our time a kind of uniform modern civilization which overlies or penetrates the traditional cultures of the world.† Some of these traits are pressures for an increased democracy, countries affecting each other’s growth, and Europe holding the key to the traditional times, which date back to ancient times. One example of using ancient times as a basis for modern civilization is the pressures for an increased democracy. In order for a country to improve its social and ethical conditions, changes must be made in the political powers to help its affected state grow. â€Å"†¦and all modern governments, democratic or not, must seek to arouse the energies and support of their populations† (Palmer 10). Also, with acquired knowledge, the current morals and beliefs of the community may change, and the democracy of the community must adjust to these changes. â€Å"In modern society old customs loosen, and ancestral religions are questioned. There is a demand for individual liberation, and an expectation for higher living† (Palmer 10). People yearn for equality, in every ethical aspect, and need a strong democratic system to support this. The fast changing social desires become social movements, and since the beginning of civilization, the ideas taken from the old world are brought to improve the new world. Another way the traditions of the old world affect the new world are the way modern countries affect each other. In order for the countries of our planet to...

Early Challenges to the System Essay Example | Topics and Well Written Essays - 250 words

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