Authority in Ozymandias and The Second Coming :: Ozymandias Essays

Authority in Ozymandias and The Second Coming Percy Bysshe Shelley's "Ozymandias" portrays the past power of authority symbolized by the once great world power of Egypt. William Butler Yeats' "The Second Coming" portrays the past power religion once had over the world, gradually lost ever since the end of Shelley's era of Romanticism. "Ozymandias" was written in a time when human rule coupled with religious guidance, but was slowly easing away from that old tradition as they entered the highly progressive era of the Victorians. In his poem, Shelley was comparing the formally powerful Egyptian pharaoh's "antique" and prideful form of rule with the unsuccessful future the "traveller" met in the desert with the ruins of the king's "shattered visage" (Longman, Shelley, p. 1710, l. 1 & 4). In a sense, Shelley was also saying that human rulership was just as easily able to fail as the once great and powerful world rule of Egypt once did, for ages. Yeats also is alluding to this idea, but imposing his view on another type of rule once great for hundreds of years of its rulership, that of Christianity or religion in general. In "The Second Coming" he envisions the "falcon" of humanity drifting away and ignoring "the falconer," Christian religions (Longman, Yeats, p. 2329, l. 2). "The falcon cannot hear the falconer;/ Things fall apart" says Yeats, depicting how human reliance on religion has become cold and disinterested in its lead anymore due to human progress of science, thus their loss of reliance and trustworthiness of religion's claims. Both Romantics and Modernists felt loss of authority, either from man or man's religious following. Poetry changed what it focused on as those figures lost respect or importance in the public's lives. I believe Yeats sums up my point partially in lines 19 and 20, "That twenty centuries of stony sleep/ Were vexed to nightmare by a rocking cradle.

How health, safety and hygiene legislation has impacted Essay

Introduction In this assignment, I shall be explaining how health, safety and hygiene legislation has impacted on selected two food retailers. I have selected Jimmy’s and Tesco. Jimmy’s  Jimmy’s World Grill & Bar is a chain of buffet restaurants in the United Kingdom. In 2012 it launched its flagship restaurant in The O2, London. The first Jimmy’s World Grill & Bar opened in 2003 and the chain now operates restaurants including Luton, Derby, Bath, Peterborough, Watford, and Wimbledon. Each restaurant offers cuisines from multiple international countries including Italy; China; India; Mexico; the US and the United Kingdom. The restaurants all offer â€Å"live cooking stations† where food is cooked to order in front of the customer. Tesco Tesco is the UK’s biggest food retailer offering a variety of services for food and non-food products to include insurance, entertainment, electrical goods and many more. It employs over 440,000 people around the world with over 280,000 in the UK. It has over 2,000 stores in the UK and a growing number of stores abroad in countries such as Thailand, China, Hungary and the United States. Health and Safety at Work Act 1974 Health and Safety at Work Act 1974 is a regulation to make further provision for securing the health, safety and welfare of employees at work. This law applies to all workplace for controlling the keeping and use and preventing the unlawful achievement, possession and use of dangerous substances. Additionally, this act is for controlling certain emissions and also to help prevent employees from getting hurt. It has an impact on Tesco because they are responsible for creating a safe, healthy and productive workplace. Tesco provides training to their employees to assist staff in identifying, minimising and controlling hazards complying with all safety and health requirement applicable to their workplace. The employees of Tesco must wear protective cloth and safety equipment which are safe without risk to health. If anyone gets injured at Tesco, they can be eligible to be sued because it is Tesco responsibility to ensure that everyone is safe within the working environment. Jimmy’s provides a safe and healthy working environment and they meet their responsibilities. Jimmy’s manages risks to health and safety  to prevent accidents. Jimmy’s identifies, assesses and reduces risks to health and safety as it’s reasonable and practicable. Jimmy’s aims to prevent any accidents by training their employees to work safely. For example injuries by knifes/fire. The European Union The European Union ensures that control standards are established and adhered to as regards food hygiene, animal health and welfare, plant health and preventing the risk of pollution from external substances. Food hygiene is a way of preserving and preparing food which ensures that the food will be safe for people to eat. This regulation covers all stages of the productions, processing, distribution and placing on the market of food intended for human consumption. It affects Tesco because they are responsible to provide safe foods, implement procedures in order to prevent unsafe foods and withdraw and recall unsafe foods. For example, use of separate areas and equipment for handling and preparing raw and cooked foods and also use of appropriate cleaning chemicals. If the food is not well prepared, cooked or not washed or out of date then Tesco will be entitled to cheating/fraud as customers don’t get what they pay for. So Tesco has to make sure they provide good quality foods that meet customer’s needs and expectation. Jimmy’s measure key product and its quality attributes by focusing on ingredients and materials, as well as samples collected from the trade. They also try to become the ideal restaurant to meet company requirements and consumer expectations in the marketplace and they also ensure that they do the correct use of appropriate cleaning chemicals. Jimmy’s provides proper training to their employees to ensure hygiene in cooked and raw foods. Health and Safety (First Aid) Regulation 1981 Health and safety is a regulation and procedure intended to prevent accident or injury in workplace or public environment. For example, fire exit alarms are installed inside the building. Fire aid is the initial care given to a sick or injured person until full medical treatment can be accessed. It is mostly performed by a non-expert or sometime by an expert in case of an emergency. It has an impact on Tesco as they might need first aid anytime to their workers and every staff must report it to manager if any accident occurs and treatment is necessary. It is important for Tesco to record  details of any accident or injury in the book kept in the workplace and they also should report from any witness. Jimmy’s trains their employees for first aid certificate so that they can be available in their shifts to aid anyone who gets injured. Jimmy’s kitchen staffs are more likely to be injured by knifes /fire etc., so they make sure they have first aids stored in a safe place as well as fire extinguisher. Jimmy’s makes sure that they trained their staff and also ensure the checklist of daily presence of first aider is always signed in the beginning of the shift. Diseases and Dangerous Occurrences Regulations 1995 Diseases and Dangerous Occurrences Regulations 1995 is a law which puts duties on employers, the self-employed and people in control of work premises to report certain serious workplace accident, occupational diseases and specified dangerous occurrences. These reports enable the enforcing authorities to identify where and how risks arise and to investigate serious accidents. If someone has died or has been injured because of a work-related accident this may have to be reported. Not all accidents need to be reported, other than for certain gas incidents, a RIDDOR report is required only when: the accident is work-related and it results in an injury of a type which is reportable It has an impact on Tesco because they have a legal duty to report accidents or incidents occur in the workplace. This will help to find out where and how risks arise and also to investigate any serious accidents. Tesco staff helps and advices you to prevent actions in order to minimise injuries, accidents or incidents. Jimmy’s provides the information that enables the HSE to identify where and how risks happened in the workplace. Therefore, Jimmy’s makes sure that they maintain their information about accidents, injuries or incidents Control of Substances Hazardous to Health 2002 Control of Substances Hazardous to Health 2002 is a regulation that provides a framework to help protect people in the workplace against health risks from hazardous substances. The substances may be used directly in the work or may arise from the work such as cleaning chemicals. This law requires employers to make an appropriate assessment of the health risks created within the working environment and also to define the measures necessary to  protect people’s health. It has an impact on Tesco because they need to make sure prevent or minimise their workers’ exposure to hazardous substances. For example, Tesco must provide sufficient information in order to reduce harmful to health. Jimmy’s always provides suitable and sufficient information, instruction and training in order to follow the legislation. Jimmy’s makes sure that they prevent exposure to hazardous substances and sufficiently control the risks from such exposure. They also ensure to keep chemi cals stored in a different room to keep avoid in touch with food items. If cleaning chemicals are mixed in food, the customer who eats could cause a severe injury or even may be poisoned. Food Safety Regulations 2005 Food Safety Regulations 2005 is a law that applies to all types of food, drink and ingredients. This regulation requires businesses to make sure food is supplied or sold in a hygienic way, identify food safety hazards and know which steps in the business activities are critical for food safety. Also, ensure safety controls are maintained and reviewed in the workplace. Tesco maintains the highest standard of hygiene by preventing any infection on food with bacteria or chemical. Furthermore, Tesco also keeps their foods in a correct temperature. If any equipment affected by food safety, employees must need to inform their manager. Tesco follows the regulation by not allowing their employees to smoke or drink alcohol in the workplace. If they found their employees smoking or drinking alcohol in the workplace, it will lead to disciplinary action and may result in dismissal. It has an impact on Jimmy’s because it is their regular practice to ensure that all their employees are keeping their workplace clean and tidy. By taking these active steps, they can ensure that everyone works in the workplace are confident in the health and safety. They also have different tools for different food items. For example for cutting chicken they use different knives and different cutting objects and plates, for cutting vegetables they have use different knives. Also these tools are colour coded so they know which one is for meats and which one is for vegetables. Hazard Analysis Critical Control Point Hazard Analysis Critical Control Point is a procedure carried out for food safety and biological, chemical and physical hazards in production processes  that can cause the finished product to be unsafe and designs measurements to reduce these risks to a safe level. In addition, they need to ensure that everything they use or touch needs to be cleaned properly. It affects Tesco because they need to make sure that the foods produced are safe to eat. The foods need to be kept in a correct temperature level. Tesco ensures that these are safe for consumers to eat when they have passed through the entire food supply chain. Temperature is an important aspect of HACCP and improper storage temperature can makes foods unsafe to eat. Jimmy’s following this legislation by making sure that their drinks are safe for human consumption. Jimmy’s focus on the standardisation of raw materials and all the materials must be offered by the Jimmy’s suppliers. Conclusion In this task, I have explained how health, safety and hygiene legislation has impacted on Tesco and Jimmy’s.

Human Resource Management An Essential Function

Human resource management is an essential function in organizations dedicated to improve or maximize the performance of the labor force of the whole organization or to support a company’s strategy in achieving its target goals such as profitability. HRM is fundamentally concerned with the development and management of the employee within corporation. HR missions are fulfilled by trained professionals and HRM is usually referred as â€Å"involving people practices† (Noe et al., 2015) since an entire functional group is dedicated to the discipline, policies, functional leadership engaging and strategic decision making. However, HRM department is usually effected by strategic business issues of the organization for certain reasons such as reducing cost, increase profitability or economic downturn. Among a few factors of strategic business affecting HRM, downsizing and international expansion will be explained in this report. Downsizing - Downsizing occurs when a company permanently reduces its number of employees on the operating payroll. Organization downsizing is often due to poor economic conditions or the company need to cut costs to maintain profitability. Downsizing usually refers to corporate restructuring in order to increase profit and maximize efficiency (Doyle, 2015). Downsizing results in layoffs that are often followed by other reengineering changes, such as branch closings, departmental consolidation, and other forms of cutting pay expenses. 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Although, all of the functional areas are essential to the success of a organization, two areas stand out as key to getting the business started and keeping it profitable, and they are human resources managementRead MoreSummary of Human Resource Management1577 Words   |  7 Pagesvery important that human research management to transform from being primarily administrative and operational to strategic partner. The reason is it important is because the human resource department plays a crucial role in determining the culture of an organization. Human resources promote and implement policies and procedures. The key areas are hiring practices, compensation, management relations and employee conduct and behavior. The decisions made by the human resources department will effect Read MoreHuman Resource Management ( Hrm ) Essay1193 Words   |  5 Pages â€Å"Human Resource Management (HRM) is the function within an organization that focuses on the recruitment of, management of, and providing direction for the people who work in an organization† (Heathfield ?). HRM is focused on how to make the company better with the help of the employees. â€Å"The HRM department members provide the knowledge, necessary tools, training, administrative services, coaching, legal and management advice, and talent management oversight that the rest of the organization needsRead MoreHuman Resource Management Functions Of The Company1635 Words   |  7 PagesHuman Resource Management Function Based on Bandag’s size, it is important for the company to look closely at the human resource functions of the company. Currently, Jim’s executive assistant handles the day-to-day human resource management. It is important to first ask if Jim’s executive assistant has the expertise to deal with the day-to-day human resource tasks or is this an additional burden on the assistant. It may appear as a burden due to the many problems the company is experiencing. Read MoreHuman Resource Management ( Hrm )1562 Words   |  7 PagesHuman resource management (HRM) is an important strategic and systematic approach that provides each company with the opportunity to create policies and practices, as well as to establish administrative forms (Pfeffer, 2007). According to Armstrong (2009) HRM is an approach that deals with ‘employment, development, and well-being of the people working in organizations’. However HRM has evolved significantly through the years d ue to the rapid social, economic, political and environmental changes.Read MoreThe Importance Of A Good Human Resource Department1748 Words   |  7 PagesA good human resource department is essential to any successful businesses in today’s society. 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The intention of this discussion is to argue about various sources, helpful purposes and functions, theRead MoreHuman Resource Management ( Hrm ) And Corporate Social Responsibility1456 Words   |  6 PagesThe recent advent of Critical Management Studies has suggested inconsistency between management in theory that was rather ‘rational and technical’ as compared to management in practice which was more ‘complex’ (Cunliffe, 2014). This has led to a re-evaluation of the methods used to conduct management and its specialisms such as Human Resource Management. Over the years, Human Resource Management (HRM) and Corporate Social Responsibility (CSR) have been seen as separate variables in both practice-oriented

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 fact†¦show more content†¦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   |  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 army’s complete allegiance and thus the army remained as an independent ‘state within a state’. The Reichswehr’s major influence can therefore be determined to the successes and failures of the Weimar Republic. 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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   |  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 Germany’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

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   |  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   |  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   |  10 Pagesincarcerated or confined (Census, n.d). 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Shaw and McKay, in 1931, discovered that more than 80% of individuals had deviantRead MoreJuvenile Justice And Delinquency Prevention2506 Words   |  11 Pagesincarcerated or confined (Census, n.d). According to the U.S Department of Justice’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. 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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

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 person’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 organisation’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 â€Å"headhunter† 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 talent’s quality and ability request: Along with TCL enterprise group’s growing strong, is getting higher and higher to all levels of managerial talent’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 determination’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. How to cite The Study of Human Resource Recruiting and Selection, Papers

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