Monday, December 30, 2019
Failure Of The Weimar Republic Essay - 1201 Words
To what extent is it true to say that quot;The failure of the Weimer Republic was due to external factors beyond its control and the rise of a German messiahquot;? In 1933, the Weimer Republic was officially abolished by Hitler, the German messiah. The Weimer Republic was replaced by his opposite, its contrast. From a democratic state to a state ruled by a messiah. Was it inedible that the Weimer Republic would become a failure? Or would different conditions have changed the occurred? There where different external factors the Weimer Republic where forced to face. nbsp;nbsp;nbsp;nbsp;nbsp;The actual Republic had neither influence nor any fault to their existence. The first of these factors the Republic faced was the factâ⬠¦show more contentâ⬠¦Not only had this republic accepted the First World War as a defeat but also they had lost all their money during the republic. Between 1924 and 1929, the Dawes plan was created, this temporarily solved the economical difficulties Germany was facing. It created economical stability. However, more economical difficulties arose in 1929 when Wall Street Crashed this affected many of the German People. It caused unemployment. Yet, most importantly it encouraged apathy towards the existence of the Weimer Republic. The German people became indifferent to the existence of this Republic. The trust and confidence had been removed. With all these external factors around, the German messiah decided to use them for his own benefit. Hitler was picking up on all the hatred, fear and weaknesses of the German people and gave wonderful speeches where he blamed all these factors on the Weimer Republic. And the Germans heard him and believed him. Hitlers ideology appealed for all sectors. There was at least one thing, one change Hitler promised that would appeal every single person. That way every one would be happy following the Nazi party. All people would want to support him. Hitler made a decision to over through the democratic process. He wished to end the Weimer Republic. He believed in this and so was capable. He was determined and so spoke badly of the Republic during his powerful speeches, which would capture the hearts of his listeners andShow MoreRelatedThe Impact Of The German Army On The Successes And Failures Of The Weimar Republic1262 Words à |à 6 Pagesthe influence of the German army on the successes and failures of the Weimar Republic by 1933. The German Army extended significant influence over the Weimar Republic throughout the period leading up to 1933. The Republic failed to gain the armyââ¬â¢s complete allegiance and thus the army remained as an independent ââ¬Ëstate within a stateââ¬â¢. The Reichswehrââ¬â¢s major influence can therefore be determined to the successes and failures of the Weimar Republic. Germanyââ¬â¢s loss of WWI came as a shock to the entireRead MoreDiscuss the successes and failures of the Weimar republic from 1919 to 19292058 Words à |à 9 PagesThe Weimar republic from 1919 to 1929 had many successes and failures, starting in chaos and ending in relative stability. However, due to individual perspective these successes and failures were often viewed as both successes and failures- not either. Class, political leanings and other moralistic beliefs, primarily influenced the individuals perspectives. Overall, due to the relative stability, (the aim of any government) primarily achieved by Stresemans influence, the successes outweighed theRead MoreAccount for the Success and Failures of the Weimar Republic (Germany 1919-1934)1790 Words à |à 8 PagesHSC Modern History Maddie Chandler Account for the successes and failures of democracy in Germany in the period 1919-1934. The crippling aftermath of World War 1 had a devastating impact on the German economy, society, and political system was devastating. Reparations had to be paid to the Allies, hyperinflation was reaching senseless levels, and unemployment was high. The nation was angry, resentful, and almost every move made by their leaders was criticised. The traditional monarch, theRead MoreThe Weimar Republic1289 Words à |à 6 Pagesa parliamentary democracy with the Weimar Republic. Born in the ashes of defeat, the Weimar Republic was heavily burdened with failures of the past. For decades historians have sought to understand why the Weimar Republic failed and if it was doomed to do so from the start. The answer to this question is very complex as many different factors were involved. The fait of Weimar Germany was in the hands of many different ideas and forces that caused its failure which make it very difficult to isolateRead MoreWeimar Republic And Its Effect On The Republic732 Words à |à 3 Pages The Weimar republic by:Efren Camacho, World History, pd 1 Weimar republic weaknesses were important because, the Weimar republic was elected for a new republic of Germany later on,that did not turn on well. First, the weimar republic was elected for new government Jan,1919. The Nazis came to power in the 1930ââ¬â¢s, and manich to establish a dictatorship.why were the Weimar republic weaknesses significant? The origins of the Weimar republic, weaknesses, how did Hitler come toRead MoreNazi Empire : German Colonialism And Imperialism1309 Words à |à 6 PagesSecond Empire, the Weimar Republic, and Nazi Germany, she reveals a similarity among them. The German imperial project embraced ethnic homogeneity over diversity and imperial expansion over domestic reformation, as the crucial method to the biological survival of the German people. Her specific contribution to my research topic ââ¬â is a demonstration that the Weimar Germans had a longstanding and ingrained desire for expansion as survival, bucking any hope that the republic would be long-lastingRead MoreThe Weimar Republic And The Treaty Of Versailles, League Of Nations, And Poor Leadership Essay1559 Words à |à 7 PagesPresident of the Weimar Republic in January of 1919. For the past few months, I have been deeply analyzing and researching incessantly some reliable sources to discuss some of the major events and factors that led to the failure of the Weimar Republic which are the Treaty of Versailles, League of Nations, and poor leadership. Well, to start of with, It all goes back to a small town in Germany called Weimar. In this German region, the first constitutional assembly of the Weimar Republic occurred. TheRead MoreThe Collapse Of The Weimar Republic1492 Words à |à 6 PagesThe collapse of the Weimar Republic did not transpire from one sole reason, but from numerous short and long term factors. The immediate impact of the Great Depression definitely catalyzed the demise of the Weimar constitution, however the social, political, an d economic instabilities built up the tension that triggered the initial collapse. These underlying issues fuelled governmental weaknesses, encouraging the psychological discontent with the Republic. This atmosphere of disarray enabled theRead MoreReasons for the Rise of Nazi Party and the Collapse of the Weimar Repu1102 Words à |à 5 PagesWhy did Hitler rise to Power and why did the Weimar Republic collapse? Hitlers rise to power was the result of many factors, but Hitlers ability to take advantage of Germanys poor leadership and economical and political conditions was the most significant factor. His ability to manipulate the media and the German public whilst taking advantage of Germanys poor leadership resulted in both the collapse of the Weimar Republic and the rise of Hitler and the nazi party. During the early 1920sRead MoreThe Weimar Republic Failed As A Result Of Many Significant And Underlying Factors1619 Words à |à 7 PagesThe Weimar Republic failed as a result of many significant and underlying factors. The problems included politics, economics, and the popularity of the Nazis along with the effect of the Great Depression. However, besides all these faults that appeared after the establishment of Germanyââ¬â¢s first Democracy, Weimar was handicapped from the beginning due to the effects of the First World War. Alongside the repercussions of the war, the Treaty of Versai lles further lowered the chance of success for the
Sunday, December 22, 2019
The And Prevention Of Juvenile Delinquency - 970 Words
Juveniles in the justice system is an issue relevant not only to people in the criminal justice system but to society in general. There have been a number of studies done that link serious behavior problems in children to adult criminal conduct. In more recent years, there has been more research done regarding the causes and prevention of juvenile delinquency. The Department of Juvenile Justice lists 3 broad categories with many subcategories to help us understand what contributes to juvenile delinquency (CITE). These categories are listed as Individual, social, and community factors. Similarly, Dr. Alida V. Merlo, at Indiana University of Pennsylvania states that in recent history, the juvenile justice system has moved from a more punitive approach to juvenile justice to more prevention and treatment oriented approach. (CITE). This is a necessary change because as research begins to identify risk factors that may lead a child into the juvenile justice system, it is important to trea t the juvenile accordingly. We would not treat a delinquent minor that has been a victim of maltreatment or abuse the same way we treat a child that has outside influences in the community that played a role in their delinquency. While we established that the individual, social, and community risk factors could be signs that a child is on their way to delinquency, it does not make it a certainty. Therefore, it is important that when I child shows signs of these risk factors, they are notShow MoreRelatedThe Prevention Of Juvenile Delinquency3139 Words à |à 13 PagesUnited States, juveniles between the age of 10 to 17 population is 33,248,000 and of that 1,319,700 total arrests (Puzzanchera and Kang, 2014). The crimes are then split into three categories: Violent Crime index, Property Crime Index, and Non-Index. The number of juveniles arrested for Violent Crime index is 61,070 people, Property Crime Index is 295,400 and the non-index is 173,100 juveniles were arrested (Puzzanchera and Kang, 2014). Neglecting the prevention of juvenile delinquency costs the societyRead MoreJuvenile Justice And Delinquency Prevention1598 Words à |à 7 PagesJuvenile Delinquency According to the Office of Juvenile Justice and Delinquency Prevention (OJJDP), there are more than 70 million Americans, about 1 in 4 of those are younger than 18, which is the age group commonly referred to as juveniles (2014). A juvenile delinquent is created when one of these juveniles display disruptive behavior that is beyond parents control and or violates the law. The violations range from simple offenses like smoking or fighting to violent crimes like sexual assaultRead MoreJuvenile Justice And Delinquency Prevention2440 Words à |à 10 Pagesincarcerated or confined (Census, n.d). According to the U.S Department of Justiceââ¬â¢s office of Juvenile Justice and Delinquency prevention, it was reported in 2011 that 1 in 13 of juvenile arrests was for murder, and about 1 in 5 arrests was for robbery, burglary, or larceny-theft; totaling in an estimated amount of 1,470,000 arrests for 2011(Puzzanchera, 2013). The most popular crime committed between juveniles is arson, wh ich makes up for 44% of all crimes committed by youths. Robbery and burglary bothRead MoreJuvenile Justice and Delinquency Prevention1877 Words à |à 8 PagesIntroduction Does exposure to deviant peers affect whether individuals participate in general delinquency? Peers have an influence on the developing individual where the individual shares definitions favorable to them (Snyder, Dishion, Patterson, 1982). Findings in literature suggest that delinquent youths are involved in a relationship between peers delinquent behavior and a respondentââ¬â¢s own delinquency (Warr, 1996). Shaw and McKay, in 1931, discovered that more than 80% of individuals had deviantRead MoreJuvenile Justice And Delinquency Prevention2506 Words à |à 11 Pagesincarcerated or confined (Census, n.d). According to the U.S Department of Justiceââ¬â¢s office of Juvenile Justice and Delinquency prevention, it was reported in 2011 that 1 in 13 of juvenile arrests were for murder, and about 1 in 5 arrests were for robbery, burglary, or larceny-theft; totaling in an estimated amount of 1,470,000 arrests for 2011(Puzzanchera, 2013). The most popular crime committed between juven iles is Arson, which makes up for 44% of all crimes committed in youths. Robbery and burglaryRead MoreCrime Prevention Programs And Juvenile Delinquency1378 Words à |à 6 PagesCrime Prevention Programs Juvenile Delinquency Jenna Moffitt American Military University Professor Parkinson CMRJ295 November 29, 2015 Crime Prevention Programs Juvenile Delinquency Crime is the one constant thing in our country that will always be around. For decades we have enhanced our technology, changed our laws, put away criminals, but crime still, and will always exist. Crime prevention programs are put into place to help prevent juveniles and adults fromRead MoreJuvenile Delinquency Prevention Act Of 19741576 Words à |à 7 Pagesexploring the internet on juvenile delinquents. We as a class have had many good questions to answer about the different ways juveniles are treated, and what the correct or incorrect treatment is for juveniles. We have written many papers and had many discussion on historical milestones, landmark cases, adult courts, juvenile courts, probation and parole, detention centers and juvenile training programs. This semester has really changed the way that I look at juvenile delinquents. Three historicalRead MoreCompare And Contrast Juvenile Delinquency Prevention979 Words à |à 4 PagesBecause juveniles are in a process of constant development sociologically, psychologically and physiologically, the juvenile court system focuses on alternative sentences and the creation of programs that will offer them rehabilitation instead of incarceration. However, in cases of extraordinary circumstances, the juvenile system shifts from looking at rehabilitation as a first choice to accountability and punishment (Read, n.d). All levels of society are collectively involved in delinquency preventionRead MoreFice Of Juvenile Justice And Delinquency Prevention1617 Words à |à 7 Pagesfederal government even formed an office called the Office of Juvenile Justice and Delinquency Prevention that operates under United States department of Justice to attempt ââ¬Å"by supporting states, local communities, and tribal jurisdictions in their efforts to develop and implement effective pr ograms for juvenilesâ⬠. (Howell, J. C., Wilson, J. J., Reno, J., Marcus, D., Leary, M. L.) The Office of Juvenile Justice and Delinquency Prevention established a policy that enables communities officials andRead MoreJuvenile Justice and Delinquency Prevention Act6750 Words à |à 27 PagesIntroduction The Juvenile Justice and Delinquency Prevention Act (JJDPA) is the principal federal program through which the federal government sets standards for juvenile justice systems at the state and local levels. It provides direct funding for states, research, training, and technical assistance, and evaluation. The JJDPA was originally enacted in 1974 and even though the JJDPA has been revised several times over the past 30 years, its basic composition has remained the same. Since the act
Saturday, December 14, 2019
The Study of Human Resource Recruiting and Selection Free Essays
The recruit and selects is human resources management foundation work, it is the enterprise recruits talented personââ¬â¢s main way. This research intends to compare the human resource planning when carrying out recruitment and selection activities within an organization, as well as the issues of managerial shifts. The purpose of this research is to provide the relationship between the recruitment and selection, no matter it is in traditional firms or high technique company. We will write a custom essay sample on The Study of Human Resource Recruiting and Selection or any similar topic only for you Order Now In addition, some related issues will be addressed to analyze the relationship among variables in the viewpoints of strategic human resource. The aspects of recruiting and selection consistent recruiting methods, the recruiting effectiveness, besides it know how, the supporting staff is more appropriate to be sent outbound of he is more accommodating to the environment. Recruitment and Selection Recruitment is the process of seeking and attracting a pool of qualified applicants from which candidates for job vacancies can be selected. And selection is the linking of selection activities to he organisationââ¬â¢s strategic business objectives and culture. At the first of recruits procedure is human resource planning, make a planning of recruitment involve times, jobs and number of people. The second is recruitment, to acquaintance the market, accepts the application. Then is selecting include preliminary interview, interview and other test, after all of these, the company may consider to make a decision about employ and send a message. At last we should make an evaluation about the programmed decision and efficiency. Recruits and selects contains separately in the human resources plan, takes two important components. ? Recruitment In the recruitment industry there are essentially four ways of recruit new employees. First method: utilization of employment agencies. Which serve as a central location for employers and employees to meet. In an employment agency, one application for employment can be considered for numerous positions with various companies. Second method: recruitment websites. Serve as a virtual employment agency and function in essentially the same way. Recruitment websites have a broader range, however, since prospective employers and employees can be located anywhere in the world. Third method: headhunting Involves the active search for exceptionally skilled, talented individuals for professional and executive recruitment. The ââ¬Å"headhunterâ⬠travels anywhere that the potential employee benefits package that is difficult to refuse. Fourth method: in-house recruitment Involves the promotion of employees from lower-wage jobs to higher ones within the same company. Also, in-house recruitment may include the posting of bulletins on lunch room bulletin boards, narrowing the job search to current employees or their families and friends. ? Selection Making the wrong hiring choices is costly and time consuming for organizations of all sizes. An effective way for businesses to identify the best candidates for a position is through a structured, job focused interviewing process, where interviewers have effective interviewing skills and understand the legal aspects of employment practices. For example, the strategy of managerial talent the TCL selects. ? Clear about managerial talentââ¬â¢s quality and ability request: Along with TCL enterprise groupââ¬â¢s growing strong, is getting higher and higher to all levels of managerial talentââ¬â¢s quality and ability request. he final goal, is adapts the high strength market competition, the acceleration and the international market trail connection, thus causes the enterprise to advance to the internationalization. The excavation wisdom, the multi-skill, the highly effective outstanding person managerial talent becomes most important. TCL proposed that , to be a qualified administ rative personnel should have the following quality: 1. Specialized quality: Does is faces the world, face future superintendent, must have the high ideological awareness, with good occupational ethics. Has the intense historical mission and the sacrificing spirit, approves the enterprise culture highly 2. Policy-making quality: The decision-making materially is to achieve the organization goal, correct analysis, effective action process. Participates in the critical moment decisive function which in the enterprise competes and grows strong 3. Leadership quality: The leadership is one should say that rallies together to achieve the organization goal the behavior. The outstanding leader has the very strong influence and the rallying point. Has the high prestige in the populace. 4. Intelligence quality: The intelligence is refers to the people to know the objective things, and using understanding actual problem ability. To the administrative personnels, the intelligence quality is engaged in the leadership work the precondition. The administrative personnels pay great attention to strengthen the self-development consciousness, improves own intelligence quality. Thus, can better deal with the market competition. 5. Innovation quality: The superintendent is the enterprise innovative activities initiator. Enterprise innovation including mentality innovation, knowledge renewal and so on. The innovation is the modern competition win sharp weapon. Therefore, the modern enterprise policy-makers should have the very strong innovation ability ? Grasps the science efficient path to select managerial talent 1. Democracy recommendation: The democracy recommendation chooses only then the beginning, it indicates the people to the above-mentioned person to be possible the receptivity. In order to manifest chooses only then the objectivity, fairness, integrity. Therefore, the democracy recommendation throughout chooses only then one of essential methods. 2. Achievement inspection: The working ability determinationââ¬â¢s most practical method is manifests through the achievement. Usually inspects its work thought to be correct or not, the method of work is whether scientific, working efficiency height. This achievement inspection way, becomes the modern human affairs science inspection the new system. Human resource planning. A human resource plan is a systematic process of matching the interests, skills and talents of individual community members with the long-term goals and economic opportunities in the community. Like all activities, creating a human resource plan needs to involve the relevant community sectors, so that their participation and input will lead to strong community support. A very real need to see results makes planning seem wasteful of time, diverting efforts from doing. Impatience with planning is always a challenge. Public expectations may be unrealistic, looking for jobs as an immediate outcome. Careful assessment may turn up more human resource development needs than the projected or existing resources and funding can handle, and this may require excruciating choices. Conclusion Recruitment and selects has two meanings; first, recruitment with selects is the enterprise obtains the human resources the method; second, recruitment with selects means that chooses the most appropriate staff. Realizes the person hillock match, matches personally with the team, matches personally with the organization. How is the employment recruit work quality to the enterprise the influence often long-term, even decisive. Formulate exterior personnel replacement plan goal is has the plan to buy in the personnel to supplement in the future the vacant job. The exterior personnel replacement plan is not only plans simply needs to introduce any personnel, but also to introduce how many personnel. And must coordinate to work out a series of plans to guarantee that can incur to the appropriate human resources. According to the plan step and the content, may divide into again the exterior personnel replacement plan two sub-plans, namely recruits to plan and to select the plan. 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Friday, December 6, 2019
Tort Law Civil Liability Act
Question: Discuss about theTort Lawfor Civil Liability Act. Answer: Introduction The provided scenario mainly deals with the tort of negligence and its defense which is Contributory negligence. The tort occurs when one person is injured due to a negligent action of another person. This paper identifies the issue of the provided scenario, discusses the relevant rules in relation to the scenario through case laws and statutory provisions and then applies them to the facts of the scenario to come to a justified conclusion. The main issue which has to be determined in this case is whether Anna is eligible to make a successful claim against Trevor for the tort of negligence and if yes to what extent can damages be provided for her. For the purpose of the study Anna is the plaintiff and Trevor is the defendant. When a person has a duty of care towards another person and harm is caused to him due to the act or omission on his part he is liable for the tort of negligence. However the act or omission should be such that the reasonable man would have taken proper precautions for them. In order to analyze that whether the tort of negligence has been caused or not three main essential of negligence has to be determined. In addition in order to determine the damages which have been caused to the aggrieved party the remoteness of the harm along with the contribution of the aggrieved person himself towards the injury has to be determined. The three main elements constituting the tort of negligence are The duty of care The breach of duty of care Causation These three components of the tort of negligence had been provided by the landmark British case of Donoghue v Stevenson 1932 where the court ruled that the defendant was negligent when a snail was found in the beverage manufactured by him and the manufacturer had a duty of care towards all its consumers. The concept was brought to Australia through the case of Grant v The Australian Knitting Mills[1935] UKPC where the court confirmed the decision of the previous case and brought the concept into the Australian legal system. First Element: Duty of Care The duty of care in Australia is determined in a different way as compared to that of the United Kingdom according to which the element of proximity is essential. In Australia the court first determines that whether the present case is similar to any other case where the duty of care has been established. This principle had been provided by the case of Perre v Apand(1999) 198 CLR 180, 217. If this is not the case than the court determines through the application of the salient feature test as provided by the same case that whether the defendant owed a duty of care to the plaintiff or not. The features which are analyzed by the court through the application of this test are Whether or not the imposition of such a duty would deprive the defendant of a legitimate pursuit or protection with respect to business or social interest Whether or not the imposition of duty would lead to unfairness and unreasonable burden on the defendant The degree to which the plaintiff was vulnerable because of the actions of the defendant that is the ability of the defendant to protect the plaintiff The extent of knowledge possessed by the defendant in relation to the magnitude or probability of harm caused to the plaintiff The Civil Liability Act 2002 provides provisions which have to be satisfied in order to establish a duty of care through its Section 5B and 5C. According to Section 5C the person can be held to be negligent if the harm caused to another person was foreseeable by him, the harm caused was significant and a reasonable person would have taken more precautions in similar circumstances to avoid the injury. The court further determines whether a reasonable person would have taken more precautions in the same circumstances by analyzing the probability of the harm if proper precautions were not taken, the extent of seriousness in relation to the harm, the burden of taking care to prevent the risk of injury and the activitys social utility from which the risk of injury is created. Second Element: Breach of Duty of Care The duty of care is said to be breached when the person owing such duty fails to take reasonable care through an act or omission which causes injury to the plaintiff. The breach of duty of care can also be analyzed through the application of the objective test as provided by the case of Vaughan v Menlove(1837) 3 Bing. N.C. 467. According to the objective test the defendant has to satisfy the standard of a reasonable person in similar circumstance. In the case of Wilsher v Essex[1988] 1 AC 1074 the court ruled that if the defendant in question is a professional than the stated of reasonability would be determined according to the general practice of the profession. Third Element: Causation Causation is the final element which constitutes the tort of negligence. Causation in generally analyzed through the application of the but for test as provided by the case of Barnett v Chelsea Kensington Hospital[1969] 1 QB 428. According to this concept the cause of the harm is determined by analyzing that the harm would have been occurred or not if the act or omission was done or not by the defendant. In this case the doctor had failed to comply with its duty of care in relation to treating the patient. It was evident that the patient would die irrespective of the fact that the treatment was provided to him or not. The patient ultimately died and the court held that the doctor cannot be held for negligence as it was not the cause of injury. Defenses: Contributory Negligence Contributory negligence is the concept through which the court determines the damages to be paid to the aggrieved person. If a person had been involved himself through a contribution towards the harm caused to him the court in this case may allow damages considering the extent of the contribution made by the person himself. The concept is often used against the claim of negligent made against the defendant. In the case of Parlin v Choiceone Pty Ltd [2012] the court had to decide whether negligence had been caused or not. The trial court in this case ruled that the defendant was negligent in this case and awarded damages to the plaintiff. The court of appeal found that the plaintiff had contributed towards the harm caused to him and reduced the penalty paid by the defendant by 20%. The concept of contributory negligence had been provided by the English case of Pennington v Norris (1956) where the court determined the damages paid to the plaintiff based on his own contribution to the injury. The concept of contributory negligence has been provided by the Civil Liability Act 2002 through Section 5R-5T. According to the section contributory negligence is determined by the application of the same principles which are used to determine negligence. The court can also reject the claim of negligence if it finds just and equitable to impose 100% contributory negligence on the plaintiff himself. In the case of Jackson v McDonalds Australia Ltd[2014] NSWCA 162 the court found that there had been a 70% contribution on the part of the plaintiff who was negligent in causing his own injury by ignoring a clear sign in relation the wet floor. Whereas the defendant were 30% liable as it failed to clean the spill immediately. Damages: Remoteness According the concept of Remoteness of damages the defendant is liable for all the damages caused to the plaintiff with respect to the injury if the injury caused to him was foreseeable. This concept had been provided through the English case of The Wagon Mound no 1[1961] AC 388 however the concept have been changed in the modern times. According to the modern concept of remoteness every loss caused to the injured person cannot be recoverable. Only looses which can be reasonably foreseen can be recovered by the plaintiff. This concept had been applied in the case of Page v Smith[1996] 1 AC 155. In this part of the assignment the law discussed above would be applied to the facts of the given case. In this case firstly it has to be analyzed that Trevor owed a duty of care towards Anna or not. Appling the principles in relation to the duty of care as discussed above to the fact of this case it can be concluded that Trevor had a duty of care towards Anna as he was providing services to her with respect to the tour. Trevors actions could reasonably affect the safety of the plaintiff as she was dependent on him for the purpose of the tour. Now when it is has been established that the defendant had a duty of care towards the plaintiff it has to be analyzed that whether the duty of care had been breach or not. In order to analyze the breach it has to be established that the defendant failed to take precaution which a reasonable person would have taken in similar circumstances. It is evident from the fact that Trevor had knowledge that if proper precautions are not taken then it can lead to accidents as he had witnessed such events before. In addition Trevor is a graduate in environmental science and it is expected that he would have the knowledge about the situation which caused the injury. Although Trevor had provided clear guidelines for the tourist he failed to comply with the provisions of reasonable care by not being able to return on time after going to search for a new location. Therefore it is clear that he had breached the duty of care owed toward the plaintiff. Now when it is established that the defendant had breached the duty of care it has to be analyzed that whether the breach was the actual cause of the injury caused to the plaintiff or not. Applying the but for test in this case as discussed above it can be analyzed that the injury to Anna would not have been caused if Trevor would have been back on time during the daylight. Therefore the element of causation is also satisfied in this case which not comprises of the tort of negligence on the part of the defendant Applying the concept of contributory negligence in this case it can be analyzed that the plaintiff had contributed towards the injury caused to her by replacing her sports shoes by heels against the warning issued by the defendant. A reasonable person in similar circumstances would have adopted proper precaution and would not have consumed alcohol as done by the plaintiff. Therefore it is evident in this case that the plaintiff herself had contributed towards the harm caused to her by not complying with the warning issued by the defendant and not acting in a way a reasonable man would have in similar circumstances. Therefore in order to determine the amount of damages to be paid to the plaintiff the court would take into account the contributory negligence of the plaintiff as it was done in the above discussed case of Jackson v McDonalds Australia Ltd. A reasonable man in similar circumstances could foresee that if damages are caused to another person in the circumstances it can lead to significant injury which would subsequently result in increased harm to the person with respect to the business owned by her. Therefore in this case Trevor is liable for the damages suffered by Anna with respect to the loss of income for 12 months. However as discussed above the defense of contributory negligence would be used by the court in this case to determine the damagers which are to be paid by the defendant to the plaintiff. Concluding this paper it can be stated that the defendant is liable for the tort of negligence against the plaintiff and the plaintiff herself has also contributed towards the harm suffered by her. Therefore the damages would be awarded by the court in a proportionate manner. References Barnett v Chelsea Kensington Hospital[1969] 1 QB 428 Civil Liability Act 2002 (NSW) Donoghue v Stevenson 1932 AC 562 Grant v The Australian Knitting Mills[1935] UKPC Jackson v McDonalds Australia Ltd[2014] NSWCA 162 Page v Smith[1996] 1 AC 155 Parlin v Choiceone Pty Ltd [2012] Pennington v Norris (1956) Perre v Apand(1999) 198 CLR 180, 217 The Wagon Mound no 1[1961] AC 388 Vaughan v Menlove(1837) 3 Bing. N.C. 467 Wilsher v Essex[1988] 1 AC 1074
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