Limitations to the law of negligence - Free Essay Example

Sample details Pages: 7 Words: 1994 Downloads: 7 Date added: 2017/06/26 Category Law Essay Type Narrative essay Did you like this example? Discuss the effectiveness of the limitations that the law of negligence has imposed concerning the internalization of the costs of accidents The internalizing of the external costs associated with the consequences of negligent acts is a difficult proposition for academics, the courts, and government authorities. From the primary perspective of motor vehicle accidents, this paper examines the uneven internalisation of external accident costs obtained through the use of various negligence law tools in contrast with broader economic principles. All references are to the English tort system unless noted. The cost adjectives ‘internal’ and ‘external’ are imported into negligence law from the science of economics. The external costs of motor vehicle negligence are ones that affect society and which are not borne directly by the negligent party (Lindberg, 2004; p.1). The importance of these societal costs is underscored by the fact that ov er 20 million persons are injured or killed annually in motor vehicle accidents world wide, triggering cost consequences that reach as much as 2 percent of the Gross Domestic Product in some nations (Lindberg, 2001; p.400). A motor vehicle accident may precipitate environmental impacts, short term traffic congestion that affects the convenience of a potentially large number of other road users, a loss of productivity and labour, all of which occur in addition to property damage and personal injuries. The internal costs are the private costs that are the direct responsibility of the individual parties to the collision (Mattiacci, 2003; p.2). These are economic consequences that are personal to the vehicle users, whereas external costs have no impact upon a decision by the motor vehicle user to act in a particular fashion. To the economist, the external costs created by an act of negligence are a form of market failure, because there is a presumption of inefficiency in result. In e conomic terms, the desire to internalize these external accident costs is motivated by a need to correct a market imperfection and thus achieve a fair ‘price’ or outcome as a result of a negligent act.(Mattiacci, p.3) Motor vehicle operation in this context includes vehicle cost, fuel, maintenance, various forms of taxes, insurance premiums and the cost of time associated with vehicle operation. Both internal and external costs may also be understood by contrast with the various types of damages that may be awarded to a successful litigant in a conventional negligence action. This contrast is created by the intersection between economic theory and common law negligence principles, and it first achieved academic prominence through the work of Vickrey (1968), an economist, and the dissertations of legal commentators Calabresi (1970) and Stoljar (1973). These analyses may be regarded as seminal statements concerning the desired interplay between economics and the law of negligence. Each work identified the fundamental weakness of the tort system regarding the treatment of the external costs of a motor vehicle accident from two perspectives – the award of payments on a fault basis only, and the extent of compensation available. It was apparent that the tort system offered no incentive to drive safely and reduce the external cost of accidents. (Vickrey, p.4) These three separate reviews are an effective platform from which to review the progression in the modern analyses of the internal / external costs continuum. Traditional tort law principles when viewed through the lens of modern economic analysis now can be said to contain three broad objects –to internalize costs as an incentive for all motor vehicle users to take reasonable precautions and thus reduce over all motor vehicle accident costs; proper allocation of risk; the reduction of the administrative costs of tort claims (a subject that is beyond the scope of this pape r) Economists characterize the tort system as applied in motor vehicle accident actions as inefficient due to the quest in each case to determine the existence of fault, or other moral blameworthiness. This legal pursuit ultimately creates a ‘reward’ for the wronged party; (Nitkin and Landeo, 2004; p.2) the economist seeking to internalize costs would endeavour to minimize the total amount of money spent on (a) the costs associated with the accident in question and (b) the costs required to avoid the accident. When the principles of negligence law and the economic principles of external cost are brought together in this fashion, the broader, long term public implications of careless motor vehicle operation are brought into a clearer focus. Internalization of external costs is a significant extension of the law from available private remedy to broader social tool. In negligence cases, the essential legal question is when and to what extent a loss occasioned by the negligence of another should be shifted from the putative victim to another person or class (Donoghue, 1932). Legal determinations rest primarily upon the finding of a fault, as opposed to cost allocation, or other cost – benefit analysis (Gilles, 2003; p.491). A secondary consideration is the notion of quantum; the ancient maxim that the law does not concern itself with trifles is a practical barrier to otherwise well founded claims. By example, thousands of motorists who are inconvenienced by a road accident attributable to an act of negligence are an example of a significant external cost of the accident to the economist; the compensation otherwise payable to these individuals cannot be efficiently determined through the tort system, and it is therefore excluded. In the traditional tort law approaches employed in a variety of Anglo-American jurisdictions, the external economic consequences of negligent vehicle operation is not a significant factor in the primary determi nation of fault. As an example, if a motor vehicle owner’s insurance rating and resultant insurance premiums were to increase as a result of an ‘at fault’ accident (or even where there was no apportionment of fault), such considerations have meaning only to the economist and not the jurist. The courts, in applying the distinct but related doctrines of reasonable forseeability (Murphy, 1991), avoidability and contributory negligence, in the assessment of the impugned driver action, will make an award to the successful party without consideration of the broader societal or external costs of the conduct. The English Court of Appeal decision in Stovin (1994; pp.467 470) is an excellent encapsulation of the analysis of the consequences of a breach of duty, where the compensation awarded to remedy the breach is re-affirmed in traditional tort terms. The reasonable person / forseeability doctrines today remain limited tools with which to achieve any significant inte rnalisation of motor vehicle accident costs.(Stovin, 1994; p.467 -470) By contrast, the economist endeavors to assess the consequence of road negligence in terms of the overall quantifiable damage, without reference to any determination of individual culpability or absence of acceptable behavior. The economist assumes that there exists a relationship between driver actions and economic consequence – to create the most efficient allocation of resources, the party must be forced through economic levers to make the most efficient choices (Stoljar, 1980). Monetary incentives and disincentives are therefore the preferred economic motivator to act safely and prudently, to achieve the motor vehicle user equivalent of efficiency for the economist.(Lindberg, 2001; p. 405) There are a range of external costs that constitute the entire economic consequences of a motor vehicle collision that are either imperfectly captured or incapable of inclusion in the calculation of a damage aw ard from a motor vehicle accident claim. Examples of such costs include the ‘rental cost’ of highways, including consequent congestion, delay, and inconvenience to other users of the affected roadway; insurance coverages that are inadequate for the harm caused; accident costs borne by the National Health Service or other private health care providers (Health Act, 2006). Many commentators , including Stoljar (1973, pp. 233-240) and Mattiacci (2003; p.3), have stressed the ineffectiveness of legal reforms in negligence law as a means of influencing behaviors and thus converting external societal impacts into internal costs. Financial incentives and economic benefits will more readily stimulate a motor vehicle user to select alternate courses of action that are safer and tend to reduce external costs. Specific examples of limitations and approaches Technological advances in driver safety, known generally as Intelligent Transport Systems (ITS) are vehicle managemen t programs that combine Global Positioning System technology, integrated on board digital maps, and vehicle monitoring to make road usage more efficient and contribute to the reduction of motor vehicle accidents.(Lindberg, 2004; p.3) Tort systems in a number of jurisdictions have been altered to permit the introduction of shared liability (no fault) systems. There is little evidence to suggest that accident rates and related external costs decline in these jurisdictions. Statutory changes such as the allocation of hospital care costs among constituents of the health care system are not internalisation of such costs. (Compensation Act, 2006) Government imposed fuel surcharges and road tolls (both distance related charges and congestion tolls) create a disincentive to drive, either generally or at certain peak periods. As a result, the motor vehicle accident rate tends to decline where such measures are implemented. (Lindberg, 2004; p.2) The related outcomes of road congestion, environmental impacts due to motor vehicle accidents, and vehicle wear were also correspondingly reduced. All of these consequences are examples of quantifiable internalisation of otherwise external costs. The most important externality that is considered in conventional motor vehicle negligence cases is vehicle speed. It is a well established principle of automobile driver behavior that higher speeds generally lead to higher risks of motor vehicle accidents. The higher risk in turn leads to a risk of greater adverse consequences for the parties involved in such collisions. (Lindberg, 2004; p.3) Anti-speeding devices or other vehicle modifications have been tested in relation to whether their use modifies driver behaviour and influences a resultant internalized accidents cost. Where the user is given a financial incentive to use the equipment (generally by insurance premium reduction), accident rates and consequent external costs are eliminated. Conversely, the imposition of s peed limits and road traffic enforcement create monetary disincentives to speed, by way of fines and resultant insurance premium increases. (Lindberg, 2004) The final factor to be considered in the internalisation of accident costs may be human nature itself; people tend to find behaviour the most acceptable when it contributes most to their self-esteem. (Levitt, 2005; p. 90) Bibliography Birks, Peter (1999) ‘Equity, Conscience, and Unjust Enrichment’ Melbourne University Law Review, 1-18 Calabresi, Guido (1970) ‘The Cost of Accidents: A Legal and Economic Analysis’ (New Haven, CT: Yale University) Gilles, Stephen G., (2003) â€Å"The Emergence of Cost / Benefit Balancing in English Negligence Law’ Chicago-Kent Law Review 77, 489-522 Goerke, Lazlo (2001) ‘Accident Law: An Excessive Standard may be Efficient† https://www.cesifo-gr.IDL/cesifo_wp625.pdf (Date accessed 7/10/06) Gosnell, Chris (2000) ‘English Courts : The Restoration of a Common Law of Pure Economic Loss’ University of Toronto Law Journal, 2, 1- 8 Keating, Gregory C. (2006) â€Å"Strict liability and the Mitigation of Moral Luck’ University of Southern California Law School / Legal Studies Paper No. 06-17 Levitt, Steven D. and Stephen J. Dubner Freakonomics (New York: Harper Collins) Lindberg, G. (2001), Traffic Insurance and Accident Externality Charges, Journal of Transport Economics and Policy, Vol. 35, Part 3, pp 399-416. Lindberg, Gunnar et al (2004) ITS Revolution and Voluntary Reduction of Speeding https://users.du.se/~jen/Seminarieuppsatser/Safety_JEN_20oct.pdf#search=internalisation of accident costs (Date accessed 8/10/06) Mattiaca, Giuseppe D. (2003) ‘Towards a Positive Economic Theory of Negative Liability’https://jiju.gmu.edu.departments/law/facultypapers/docs/03-29.pdf (Date accessed 7/10/06) Nikitin, Maxim and Claudia Landeo Split-Award Tort Reform, Firm’s L evel of Care, and Litigation Outcomes https://econpapers.repec.org/paper/ecmlatm04/4.htm (Date accessed 8/10/06) Priest, George L. (1991) ‘The Modern Expansion of Tort Liability: Its Sources, its Effects, and its Reform’ Journal of Economic Perspectives, 5, 3 31-50 Shavell, S. (1987) Economic Analysis of Accident Law. (Cambridge, MA: Harvard University Press) Stoljar, S.J. (1973) ‘Accidents, costs and legal responsibility’, Modern Law Review, 36, 233-240 Stoljar, S. J. (1980) ‘Moral and Legal Reasoning’ (Totowa, NJ: Barnes and Noble) Vickery, William (1968) ‘Automobile Accidents, Tort Law, Externalities and Insurance: An Economists Critique’, Law and Contemporary Problems, 33, 468-87 Table of Statutes (United Kingdom) Compensation Act, 2006 Health Act, 2006 Road Traffic Act, 1988 Table of Cases Donoghue v. Stevenson [1932] A.C. 562 (H.L.) Murphy v. Brentwood District Council [1991] 1 A.C. 398 (H.L.) Stovin v. Wise et al [1994] 3 All ER 467 Don’t waste time! Our writers will create an original "Limitations to the law of negligence" essay for you Create order

The Benefits and Risks of Outsourcing - 1269 Words

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Therefore resources and capitals are not used in tasks where the company does not possess comparative advantage, but are utilized at their full potential and highest efficiency in their core business processes. Labor flexibility: Out sourcing means that a company does not actually own or invest in the capital and resources required for that specific business process, but it acquires it from a third part. As a consequence, it posses the flexibility to increase or decrease the quantity of services or merchandise provided by the third party according to its needs, as long as it does not breach the contract. In extreme cases, theShow MoreRelatedThe Risk And Benefits Of Outsourcing Supply Chain And Risk Management Essay961 Words   |  4 Pages The Risk and Benefits of Outsourcing Supply Chain and Risk Management. How Boeing 787 Supply Chain Issues Affected Other Industries? 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A Reflection on different volunteer work Free Essays

string(55) " and a good intend to assist people in this community\." It was my first twenty-four hours to fall in ‘Market A ; Craft Day ‘ as portion of squad of Pt Chevalier Community Centre. This market uses to be held on every 3rd Saturday of the month and the intent is for everyone in this community holding a topographic point to purchase and sell goods such as second-hand house ware, handmade trade, nutrient or anything they want to convey from place. This activity besides provides occupant, little concern and organisation an chance to link with the community, to advance themselves and do a payback to the community because the fee from the stall engagement is portion of support to run the Community Centre and its programmes. We will write a custom essay sample on A Reflection on different volunteer work or any similar topic only for you Order Now My occupation was as an helper to sell BBQ sausage with John, a commission member who has been called as ‘Sausage director ‘ and ‘Sausage expert ‘ . That is because he has volunteered in this occupation for a long clip. This is a gag between those team members as John is the youngest of the squad and it is the manner how they treat each other like household. From their conversation and the little talk, I found out Kiwis love to hold temper and do gags to show their concern for each other, particularly for well-known friends. They besides made gags to me but non much that I think they might worry about I could non understand their gags so acquire embarrassed. They were easy-going and had an opened bosom to do friend with me even though I am from a different cultural group. I could experience that how I was accepted as portion of group and been treated like a household. I was truly basking my clip with them as they had shown me the most of import cultural rites of New Zealand – dainty everyone every bit. In add-on, during my volunteering, I learned how to cut onions and how to do BBQ sausage and custom-built sandwich. This is the first clip of my life for making this occupation. Through my work, I have known it is a really common formula in New Zealand to hold BBQ sausage with onion, mustard sauce and toast as a bite for out-of-door activity. Besides, as John did, some people love to hold toast with ‘Spaghetti ‘ and tomato sauce which is another particular western manner that different from Asian ‘s. Compared with Taiwan, we use to hold assorted traditional nutrients as our bite such as Chinese roll, Stinky bean curd ( smelly tofu ) and Oyster omelette. The nomadic stables in Taiwan besides need to be approved by local council for a license to sell goods/food at wayside or local late-night market. There will be a punishment for no accredited stall. Contemplation: Day 2 – Core office work ( Wednesday, 9.30am~1pm, 22 Sep 2010 ) Karen, the Coordinator of the organisation, called me to come in to the Centre and gave me some plants to cognize the manner around the topographic point. She was besides my interviewee who gave detailed information for my 10 civilization and society inquiries and how this community Centre operate. Based on her occupation description, I know she is a cardinal to put to death the programme of community Centre and the commission of this non-profit organisation are people to sketch and to make up one’s mind what programme can be launch for the community. I realized how of import to hold a community Centre in the community after I did the office work and the interview. Harmonizing to Karen ‘s information, every community Centre is a ‘Hub ‘ to associate local public library, instruction establishment and business/organization together to supply information and activities for people live in the local country. Any single or assorted groups can utilize this topographic point for any activity by merely engaging a room of edifice, or leave their poster/brochure on the notice board to advance themselves. For illustration, a private child care Centre, where besides provide free Spanish linguistic communication larning environment, has its circular placed on notice board so everyone might see its information when visit the Centre. This is a free and convenient service that provide from the community Centre for its community. I think it is besides a proper topographic point to interchange cultural value from different cultural groups by holding their activities here. Furthermore, the School Holiday Programme is a good illustration to demo how this community centre wages proper respect to instruction and multiculturalism. For illustration, it has assorted activities for age 5 to 13 old ages old kids. The activities of September and October programme in this twelvemonth included the First Aid class for childs, Hip Pop dance workshop, Surf lifesaving workshop and a drama for a Chinese narrative â€Å" The Secret of Dongting Lake † which are really meaningful for developing kids ‘s accomplishment, personal ability and an chance to understand different cultural facet. I think it is really cagey to allow kids larn while playing through those seasonal programme and activities. Everyone, including their parents, can besides do friends and have a connexion for their societal life after the activity. It ‘s a really valuable part that the community centre gives us and the NZ society. Contemplation: Day 3 – Work in the Op-Shop ( Thursday, 10.30am~1pm, 23 Sep 2010 ) Thingss that I had learned were non from my work in this Op-shop but from people here. Their behavior and their idea gave me an thought to cognize why many New Zealander, particularly the senior, have willing to be voluntary and how they made the alterations for their community. Op-Shop of Pt Chevalier Community Centre is operated by voluntaries who are Erin, Julie and a lady who I have n’t met yet. Erin is the squad leader and the one to help my acquisition. She makes the determinations and manages the store to maintain it run for its clients. This is non hard to happen out she is rather dependable and motivated in her function. She has an enthusiasm and a good intend to assist people in this community. You read "A Reflection on different volunteer work" in category "Essay examples" She low the monetary value down or gave free gifts to the clients who seem to hold fiscal trouble. She notices the regular client and keeps the goods, which they may necessitate, beside her desk and give an acceptable monetary value when they have come. She said there are non many people have adequate money to purchase what they want, hence, the intent of community Centre is to assist people for their demand, that is the ground she gives the cheaper monetary value and bac k up them in this manner. Under her direction, the Op-shop has offered a free service for everyone who needs to advance their place concern to hold their monetary value bill of fare and concern card show on the check-out procedure desk. This is another manner how Erin does to assist and promote people who is unemployed but has the accomplishments for get downing a new life. Her whole household include her girl and grand-daughters, are all happy to affect in the volunteering work. They used to donate good quality apparels and purchase 2nd manus goods from this store. These is a really good illustration which Erin and her household have showed us for how people help each other in their community. â€Å" This is good to see everyone happy † , she said. In Taiwan, there are besides many people work for charity foundations or spiritual establishments who contribute themselves to assist the society. A measure of them even has joined the planetary charity events such as what Red-Cross does. This is positive mode to give payback to our society. The truth is, we ne’er know there will be one twenty-four hours we may necessitate aid from others so that why we do n’t seek to give what we have at first. More cooperation between people in the society may hold higher quality populating environment that everyone may acquire the benefit from. In this instance, I believe most of New Zealander has done this well from what I have seen in this community Centre. Language learned from my volunteering work The commission members and voluntaries of Pt Chevalier Community Centre are like a large household to me. They knew each other and have a good connexion with local occupants. The linguistic communication they used in our interaction was between formal and informal which may depend on the degree of relationship they have had with this individual. There are two different ways of the linguistic communication utilizing that I had noticed from my engagement. To well-known friends or dealingss, the words utilizing and the subjects of conversation taking were rather flexible and included a batch of temper and conversational words that I might non pick up from those native ‘s vocalization. In their little talk, they talked about friends or households they knew, gossiped about mundane affairs and made gags to each other. From here, I confirmed my feeling of what I have seen when I foremost came to NZ that Kiwis are easy-going and love to do friends. On the other manus, when communicated with me, those people were rather friendly and had tended to decelerate down their velocity and simple their words to do me understand them good. From their words use, I could cognize they had a quality of instruction degree that their behavior and speech production were soft and sophisticated. In this instance, I remember what Karen said in my interview and so most of squad member in this organisation has had a strong ‘social accomplishment ‘ which is people skill. They know how to talk felicitously with people from different background and how to do their conversation swimmingly to do both of us happy. By and large, the conversations with the squad members had given me an chance to measure my English speech production degree and to pattern my communicating accomplishment with native talkers. In my self-evaluation, the positive I got is I do n’t hold much problem to do communicating with them by utilizing mundane linguistic communication, such as salutation, stating the personal narrative, give the sentiments of what I think about mundane affair and follow the instructions that I had been asked. Most of conversations were run swimmingly but I knew there is still a spread to be narrowed if I could increase my English vocabulary to show myself decently and my comprehension of listening in English to understand their words. That is the negative side of my rating from my synergistic undertakings in this community Centre. The racial tenseness in NZ multicultural society? From my volunteered work in Pt Chevalier Community Centre, I have met many people who have an open-mind to accept NZ ‘s multicultural facet and dainty it with regard. However, some information from people who work in this Centre had widened my head to see how native New Zealanders think about the immigrants, particularly for Asiatic people. That has given me an thought how I behave and interact with native people who have different sentiment about us. The Committee Chairman of this organisation, Bruce, is a really soft old adult male who was rather enthusiastic to help my larning through my work in the Market and Craft twenty-four hours. He had given me some advices to do my CV and occupation application more successful through our interview. When we had a relevant conversation about people from different racial background like me, he told me a narrative of his boy ‘s employee who had been fired because his purpose of declining the service to clients who were Asiatic looking. Bruce had told me that many Kiwis have a misinterpretation about ‘all ‘ Asiatic people in NZ are bad driver. I had made the ailment about this misguided idea as sort of racial prejudice and I merely realized that is the ground why my friends, my household and myself had experienced of being stared or shouted by Pakeha drivers when we drove a spot slow or made a incorrect manner driving accidently as it may sometimes be made by themselves eve ry bit good. Merely like the information acquired from Karen, the Coordinator of the organisation, that when a figure of Asiatic first came to NZ, many Chinese gooseberries were really affronted about it for a long clip. â€Å" They thought Asiatic people may be able to come and take our state, our metropolis and our life style ; and they took a twosome of old ages, possibly 2 ~ 5 old ages to settle down. This is long clip ago when they refused to hold that in-migration policy to let more Asiatic people into the state. But now it merely truly accepted, by and large it truly accepted, † [ SIC ] it was Karen ‘s mention of the general sentiment of native occupant. From her words, I was disappointed about the old thought of native people but pleased with the alteration that they have made. In fact, there are ever two sides of a coin that people will see from different angel of position. Most people in this community that I have met are really sort to accept NZ ‘s multicultural society which they are populating in but merely a few have negative behavior to us, immigrant from Asia states, which I truly like to disregard to populate in peace with them. In decision, I agree that people in NZ are merely like people in Taiwan who are decidedly allowed to hold a right to give critical sentiments to people who may do any injury to this beautiful and peaceable state. However, it is better to maintain their thought in nonsubjective manner and non so subjective to make a hard life environment for those immigrants to populate in. That is perfectly unjust for what we have faced – the racial tenseness in NZ. How to cite A Reflection on different volunteer work, Essay examples

Independence day speech free essay sample

Good Morning India, Respected Principal, Mam, honorable chief guest, teachers and my dear friends. Today on 15th August 2013 India is celebrating its 67th Independence day and we are proud to say that we earned our freedom 67 year back, which was by an act passed by the British parliament and we were the first to get our independence through the act which is a mark of respect. At the midnight hour of August 14, 1947, Pandit Jawahar Lal Nehru rose to addressed the nation made his maiden speech in New Delhi, â€Å"When the world sleep, India will wake to life and freedom. Now India is the largest democracy of the world. Last year our former School Captain Shivansh Khattari proudly called our nation as a sovereign, Socialist, Secular Democratic, Republic, and we all are really proud of that. But let me remind you all that winning Independent was not the end of our struggle, it was just the beginning of our greatest challenge and that was to make us prosperous. We will write a custom essay sample on Independence day speech or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page As a citizen of India, we are proud of its golden past. We had one of the oldest and richest civilization of the world. Today we not only need to be proud of our glorious past but also work to make our present and future better than our past .We need to make our self so capable that we can praise its present and this can be only done, when we work hard for it. And we can only work hard, if we have a feeling of patriotism nationalism in our heart. Patriotism is a very deep and meaningful word, and its meaning changes according to the demand of time. During pre Independence time, Patriotism meant to get out of our houses and fight against foreign rule, whereas today a true patriot is that person who gives best of his services in the development, progress and upliftment of his nation as the best human resource. When a solders risk his life at the battle field. It makes a country feel proud, when, a leader work for the development of nation, it makes a county proud, when an Engineer, Scientist, Doctor or an Officer, discharges his duty with honesty it makes a country feel proud. When a teacher prepares the future of his Nation, it makes a Country proud and when a student study hard and work for his overall personality development, with a dream of building a great Nation makes a Country feel proud. Even a Sweeper, can be as patriotic as a soldier, if he discharges his duty of keeping the city clean with full devotion. Its not the work but the real feeling behind the work which matters. I am proud that I am born in India, because I know I can make it a better place. And the day each one of us will realize it, we will definitely make India, the heaven on Earth. And this is not a dream of a single man. It is the dream of one billion souls, and we can only achieve when one billion hands will work for if together, when one billion tongues will speak together, when one billion minds will think together and when one billion hearts will beat together and that will be when one billion men will have love for each other. Thank you Jai Hind.