Australian case Modbury Triangle Shopping Centre Pty Ltd v Anzil

This case was heard by the High Court of Australia. In this case, the respondent was successful during the trial. Similarly, the responder proved to be successful when the Full Court of Supreme Court of South Australia heard the appeal. Under these circumstances, Modbury Triangle Shopping Center made an appeal to the High Court of Australia. The facts of this case can be briefly described as follows. In this case, the appellant, Modbury owned a shopping center. On the other hand, Mr. Anzil, the respondent was hired by a video store that had leased premises in the center. In front of the weekly shop there was a large outdoor parking for the center. The car park was owned by the shopping center, Modbury. The video store remained open until 10 PM in the night and after that time the lights of the car park were automatically switched off. In this case, the respondent was leaving his workplace at 10:30 PM on a Sunday night and the lights of the car park were turned off. Subsequently, the respondent was attacked by three unidentified persons. One of the assailants had a baseball bat and the respondent suffered serious injuries. According to the lease agreement, the lighting in the common areas like the parking area was provided. According to the discretion of the appellant had a part of the cost was paid by the tenant. Earlier, almost 2 years ago, the practice was to let the lights on at the 11 PM. Later on, a request was made by the co-manager of the video store that the lights should be allowed in the 10:15 PM but just ended and nearly 12 months before the attack, the practice was adopted to switch off the lights at 10 PM. Under these circumstances, the proprietor of the shopping center was sued by the plaintiff in negligence for his failure to exercise reasonable care and switching off the lights in the car park. In this way, the case was related with the liability of the occupier for the criminal conduct of a third party. Therefore the main issue in this case was to decide if and when a person can be held liable towards another person for a duty to take reasonable care for controlling the conduct of the third party.[1] In this case, although it was argued by the appellant that the attack could have been prevented if better lighting was present in the car park, but the majority of the judges were quite skeptical of this claim. Therefore, it appears that mainly the case was conducted on the issue if the risk of injury was created or increased by the defendant due to poor lighting. It was pointed out by the court that in this case, the claim of the building was not based on the physical conditions in the car parking (for example that he had tripped over due to bad lighting). Instead, the claim in the present case was based on the third party's deliberate criminal actions. Therefore the issue in this case was related with the liability of the defendant for an omission, particularly the liability of the defendant regarding the criminal actions of third party. It was decided by the majority of these days that Modbury, as the occupier of the premises, had a duty which did not extend to take precautions fo r preventing the physical injury was to the plaintiff by criminals. In order to decide if the occupiers had a did you get towards the persons who entered their land, the proximity test needs to be applied. In case of this test, physical proximity, circumstantial proximity and casual proximity is involved. Apart from it, under such circumstances, another test that can be used is the three stages test.[2] The three stages in this regard are if the damage suffered by the plaintiff can be described as reasonably foreseeable, if the relationship that existed between the plaintiff and defendant can be described as sufficiently proximate and if so, can it be described as fair, just and reasonable under the circumstances to impose the duty of care on the defendant. The questions that need to be asked for the purpose of deciding if there has been a breach of the required standard of care include the question if it was foreseeable, if the risk was not insignificant and if any other reasonable person would have taken the precautions under similar circumstances in which the defendant was. There are other relevant factors that also need to be considered like if the cost involved in taking the precautions would have considerably increased the cost of energy. It was also claimed by the apparent than an occupier of land is not how a duty of care, which requires the occupier to take reasonable care for preventing physical injury to the plaintiff that may be caused as a result of the criminal behavior of a third-party.[3] Therefore in the present case also, the occupier did not have any control over the actions of the attackers or on the circumstances under which the attack took place. The general rule that can be applied in the present situation is that the person does not have a duty to control the other person to prevent such person from causing damage to a third person. Generally for the purpose of occupier's liability, the duty of care in negligence regarding the physical condition of the premises arises as a result of the power that the occupier had to control the persons who enter or remain on the land and also the power of the occupiers to control the state of land. Moreover, the occupiers in a better position as compared to an entra nt to know regarding the physical condition of the premises.[4] Regarding the issue of a duty of control over third parties, it was the opinion of the majority in this case that the scope of the duties of an occupier does not extend to third parties. Apart from the exceptional circumstances or in case of the presence of the special relationship between the parties, liability is not imposed by the common   law regarding the ommission to take positive steps for the purpose of protecting the other person from the criminal actions of the other party. It was also stated in this case that if a special relationship is not present, it is not the duty of a person to take steps to prevent causing harm to another person as a result of the interactions of a third party even if such a risk can be described as foreseeable. It will also recognize by the court that under some exceptional cases, a duty can be imposed on a party to take positive steps that are required in order to prevent a reasonably foreseeable risk. That has been created independent from the conduct of the defendant. Such a situation arises in cases where there is a special or protective relationship present between the parties, and an obligation has been assumed by the defendant to protect the plaintiff.[5] It can be said that such a protective relationship is present where the defendant has the capability to control the risk of harm that may be caused to the plaintiff and in cases where the plaintiff can be described as vulnerable and depending on the plaintiff for the prevention of such harm.[6] But in the present case, it was noted by the court that the occupier was not in a position to control the actions of the assailants. Similarly, the occupier did not have any knowledge regarding the impending attack. The court stated that the middle attacks cannot be predicted and it was not possible for the occupier to control such an attack.[7] Under these circumstances, it was stated that the occupier cannot be held liable in the present case, because the immediate and direct cause of the injuries suffered by the plaintiff was the attack by the offenders and these injuries were not suffered as an absence of lighting. Similarly, this fact was also noted that responsibility was not assumed by the occupier regarding the safety of the respondent. It was reasonable for the occupier to believe that the employer of the respondent would protect him. Concerning the occupier, the respondent can be placed in similar position in which any other member of the public can be placed. Similarly in the present case, the contribution of the occupier in the injuries suffered by the respondent was negligible. If liability is imposed on the occupier, it would mean that the financial responsibility has been shifted regarding the consequences of a crime, from the wrongdoer to another person. Even if such person did not have the capability to impact the behavior due to which the injuries were caused. Moreover the court stated that there is no doubt that an occupier of land has the duty of care towards the persons who unlawfully present on the land. In the present case also, it can be said that the appellant had a duty towards the first to respond and regarding the physical condition of the car park. However, the issue in this case was related with the fact if the appellant also had a duty of the kind that is relevant for the harm that was offered by the first respondent. This issue was discussed in this case in the form of the argument related with the nature or scope of the duty. In the present case, the nature of farm caused to the respondent was in the form of physical injuries that have been caused by a third party and the respondent did not have any control over the actions of the third-party.[8] Therefore, it can be said in the present case that any relevant duty in such circumstances can be described as the duty related with the security of the respondent. It can be a duty of a person, in his position as the occupier of land, which requires him to take reasonable care for protecting the persons who were in the position of the respondent against conduct, which includes the criminal actions of the third parties. Under these circumstances, the majority decision given by the High Court was that the appeal of Modbry should be allowed on both the issues. Consequently, it was decided by the High Court that Modbury cannot be held liable for injuries suffered by Mr. Anzil. In support of the decision, it was stated by the court. That being an occupier of land, Modbury has a duty of care towards Mr. Anzil but this duty cannot be considered to be extending to take reasonable steps for the purpose of preventing the criminal actions of third parties, as a result of which, physical injuries were suffered by Mr. Anzil. Under the circumstances where Modbury did not have any control over the conduct of the attackers. The court pointed out that even if it can be said that the failure of Modbury to provide proper lighting in the car park could have facilitated the time in the same way as it had made provision for the car park and descent and decided to park his car there but it cannot be treated as the. Main cause behind the injuries suffered by Mr. Anzil. In this case, the direct cause due to which Mr. Anzil had suffered the injuries was the conduct of the three assailants over which Modbury had no control. It was also noted by the court that in this case, the inadequate lighting had not caused the concealment of a dangerous object or condition in the carpark as a result of which, damage may have been suffered by person or property. Due to the unpredictability of criminal behavior, as a general rule, and when a special relationship is not present, a duty is not imposed by the law to prevent harm to another person caused by the criminal conduct of third parties even if such harm can be described as reasonably foreseeable.[9] Therefore the court stated that the occupier, Modbury was not liable for the injuries suffered by the respondent. Chomentowski v Red Garter Restaurant Ltd (1970) 92 WN (NSW) 1070 Commissioner for Railways v McDermott [1967] 1 AC 169 at 186 Dorset Yacht Co v Home Office [1970] AC 1004 Fraser v State Transport Authority (1985) 39 SASR 57 Hill v Van Erp (1997) 188 CLR 159 at 229 Kondis v State Transport Authority (1984) 154 CLR 672 at 687 Pitt Son & Badgery Ltd v Proulefco (1984) 153 CLR 644 Public Transport Corporation v Sartori [1997] 1 VR 168 Smith v Leurs (1945) 70 CLR 256 at 262 Commissioner for Railways v McDermott [1967] 1 AC 169 at 186. Smith v Leurs (1945) 70 CLR 256 at 262 Dorset Yacht Co v Home Office [1970] AC 1004. Kondis v State Transport Authority (1984) 154 CLR 672 at 687 Hill v Van Erp (1997) 188 CLR 159 at 229 Chomentowski v Red Garter Restaurant Ltd (1970) 92 WN (NSW) 1070 Public Transport Corporation v Sartori [1997] 1 VR 168 Fraser v State Transport Authority (1985) 39 SASR 57 Pitt Son & Badgery Ltd v Proulefco (1984) 153 CLR 644

Company report Research Paper Example | Topics and Well Written Essays - 1500 words

Company report - Research Paper Example One of those companies is Facebook. This is a company that was conceived in a Harvard dorm room but whose services are available almost everywhere and therefore we affects the lives of multiple people. The founder was a young student, Mark Zuckerberg. Facebook today has become the industry leader along Twitter and other companies. They are more commonly referred to as social media. Their power seems to have no bounds too. Its initial aims were to connect multiple numbers of people over the internet. Those aims have largely been fulfilled today since Facebook has around a billion users around the world. Such a huge number undoubtedly poses huge potential for the company. The company recently became a publicly listed company amidst tension that such a move was bound to fail. The critics say that Facebook has to explore alternative revenue streams like advertising, precisely the sort of thing the users abhor. This leaves the company in a sort of dilemma. In the course of writing this company report, I shall analyze this company from different viewpoints. The first is from its performance in the markets. This is usually a reliable indicator for the sort of direction in which a company is headed. The main advantage of the markets is that they respond simultaneously when anything important involving the company happens. Another yardstick shall be marketing. This is usually the be all and end all as far as some companies are concerned. We shall look at the role that advertising has played in this company. The third yardstick shall be the financial position of the company. We shall explore whether the company is self sustaining. Finally we shall look at the important matter of strategy and planning. Which mix of the two has the company employed and how successful has it been. After a long period of anticipation and speculation, this company finally went public on the week of 29th January 2012. Facebook’s offering to the public also doubled up as

Suggestion on New Information System to be used in Company like ERP Assignment

Suggestion on New Information System to be used in Company like ERP - Assignment Example An effective information system that integrates company operations across various departments and units can play a pivotal role in improving operational efficiency the effects of which are reflected in quality and customer loyalty (Sheldon). Enterprise Resource Planning (ERP) is a business model that integrates all aspects of an organization facilitating a link between various departments, customers and suppliers. â€Å"ERP is a business model that involves all levels of the organization that allow organizations to link customers and top management decisions all the way through to execution in the supply-chain and the factory floor† (Sheldon 2). Hence ERP is a single software application that helps the management to keep tabs on all the processes and departments functioning within the organization. Core system architecture and benefits Bear Beverages can adopt a highly integrated ERP system that will enable the organization to integrate its processes, streamline the flow of in formation and resources for cost effective operations. The primary benefit of this application tool will be managing, controlling and monitoring supply chains, logistics, finances, customer service, production and marketing operations. The tool will enable managers across different units and departments to collaborate with other departments and access the updated information at the click of their mouse. ... Such an application can be highly effective in communicating information and sharing of data in a timely manner assisting the managers in getting a clear picture of the work status and taking decisions. The core information systems for this application tool will be based on existing operational requirements that take into account different dimensions of marketing, finance, production, and logistics departments. These can be identified as sales, customer relationship management, invoicing, raw material requisition, goods despatch and product research. The following diagram illustrates the ways in which the proposed ERP system can streamline operations in the company – Source: Grey Stone Business Solutions Inc (2009) Thus, the different components of the ERP system will be manufacturing resource planning (MRP), finance resource management (FRM), supply chain management (SCM), human resource management (HRM) and customer relationship management (CRM). The ERP system is a favored solution for all kinds of business models since it provides the management and owners with the flexibility of accessing relevant information and data from a single database. Supply chain information networking Supply and logistics form the key components that impact operational processes and manufacturing concerns. The ERP application tool will enable the inventory and logistics department to streamline material supply and demand variables automatically through the system. The manufacturing resource planning and supply chain management modules of the ERP system will enable the managers to find out materials requisitioned and view production requirements. Based on the updated information the suppliers will be contacted through the system for scheduled delivery. The

Ethnography Essay -- Ethnography

Ethnography Introduction Beginning with the early stages of savagery to the complex civilizations in the 21st century, the need to compete remains an important aspect in the continual evolution of mankind. Competition took various forms throughout history from the bloody attempts to kill a mammoth in order to provide nourishment, to the violent battles between two opposing sides taking place on college football fields every Saturday afternoon. Another form of competition involving severe contact on a scale par with football is the sport of rugby. My personal history with the sport began in a medium sized island in Polynesia. I lived and worked in New Zealand during the summer of 1999, between my sophomore and junior year. This little country hosts a number of different leagues and excels on the world level. I watched numerous matches on the television and in the parks. The first time I watched the national team (the â€Å"All Blacks†) was in a friendly match against New Zealand’s biggest rival, Australia (the â€Å"Wallabies†). I returned to Occidental in late August with an All Blacks jersey and the idea of playing rugby once my soccer season ended. Unfortunately the gods thought it would be better that I hold off on rugby for a year, so they helped me land on my right foot in such a way that I fractured my ankle during one of my last soccer games. The next semester I studied in southern France, specifically a city called Toulouse. The â€Å"Stade Toulousain† is the best club team in France, and has won numerous European club championships. After watching rugby in New Zealand and France, I finally started to play rugby over the course of my senior year. When the opportunity to study a group for my ethnography in â€Å"Anthropology 370†... ...ile too much playfulness is a problem also. The oval ball pictured above exemplifies a sport with many opposing themes and contradictions. With a round ball like soccer, the ball bounces rather consistently. On the other hand, the oval-shaped rugby ball is constantly competing against opposing forces for the specific direction it will travel. Works Cited Appadurai, Arjun. â€Å"Disjuncture and Difference in the Global Cultural Economy.† Global Culture: Nationalization, Globalization, and Modernity. Ed. Mike Featherstone. London: Sage, 1990. 295-319. Bourdieu, Pierre. â€Å"How Can One be a Sports Fan?† The Cultural Studies Reader. Routledge, London. Carruthers, Vanessa. In class discussions. Occidental College. 6 February 2001. â€Å"Rugby.† Encyclopedia Brittanica. Online. Internet. 9 April 2001. Available: http://search.eb.com/bol/topic?eu=114957&sctn=1

Industry Profile of Bsnl

INDUSTRY PROFILE The telecom industry is one of the fastest growing industries in India. India has nearly 200 million telephone lines making it the third largest network in the world after China and USA. With a growth rate of 45%, Indian telecom industry has the highest growth rate in the world. History of Indian Telecommunications started in 1851 when the first operational land lines were laid by the government near Calcutta (seat of British power). Telephone services were introduced in India in 1881. In 1883 telephone services were merged with the postal system. Indian Radio Telegraph Company (IRT) was formed in 1923. After independence in 1947, all the foreign telecommunication companies were nationalized to form the Posts, Telephone and Telegraph (PTT), a monopoly run by the government's Ministry of Communications. Telecom sector was considered as a strategic service and the government considered it best to bring under state's control. The first wind of reforms in telecommunications sector began to flow in 1980s when the private sector was allowed in telecommunications equipment manufacturing. In 1985, Department of Telecommunications (DOT) was established. It was an exclusive provider of domestic and long- distance service that would be its own regulator (separate from the postal system). In 1986, two wholly government-owned companies were created: the Videsh Sanchar Nigam Limited (VSNL) for international telecommunications and Mahanagar Telephone Nigam Limited (MTNL) for service in metropolitan areas. In 1990s, telecommunications sector benefited from the general opening up of the economy. Also, examples of telecom revolution in many other countries, which resulted in better quality of service and lower tariffs, led Indian policy makers to initiate a change process finally resulting in opening up of telecom services sector for the private sector. National Telecom Policy (NTP) 1994 was the first attempt to give a comprehensive roadmap for the Indian telecommunications sector. In 1997, Telecom Regulatory Authority of India (TRAI) was created. TRAI was formed to act as a regulator to facilitate the growth of the telecom sector. New National Telecom Policy was adopted in 1999 and cellular services were also launched in the same year. Telecommunication sector in India can be divided into two segments: Fixed Service Provider (FSPs), and Cellular Services. Fixed line services consist of basic services, national or domestic long distance and international long distance services. The state operators (BSNL and MTNL), account for almost 90 per cent of revenues from basic services. Private sector services are presently available in selective urban areas, and collectively account for less than 5 per cent of subscriptions. However, private services focus on the business/corporate sector, and offer reliable, high- end services, such as leased lines, ISDN, closed user group and videoconferencing. Cellular services can be further divided into two categories: Global System for Mobile Communications (GSM) and Code Division Multiple Access (CDMA). The GSM sector is dominated by Airtel, Vodafone-Hutch, and Idea Cellular, while the CDMA sector is dominated by Reliance and Tata Indicom. Opening up of international and domestic long distance telephony Services are the major growth drivers for cellular industry. Cellular operators get substantial revenue from these services, and compensate them for reduction in tariffs on airtime, which along with rental was the main source of revenue. The reduction in tariffs for airtime, national long distance, international long distance, and handset prices has driven demand. AN ORGANISATIONAL PROFILE OF BSNL BSNL adopt latest digital switching technology like OCB, EWSD, AXE-10, FETEX, NEC, etc and widespread transmission network including SDH system up to 80 gbps web telephony, DIAS, VPN Broad brand and more than 400000 data customers, BSNL continues to serve this great nation. The responsibilities include improvement of the already impeccable quality of telecom services, expansion of telecom network, introduction of new telecom services in all villages and instilling confidence among its customers. BSNL has managed to shoulder these responsibilities remarkably and daftly. Today with over 45 million line capacity, 99. 9% exchange digital, nation wide Network management & surveillance system (NMSS) to control telecom traffic and over 400000 route kms of OFC network, Bharat Sanchar Nigam Ltd is a name to reckon with in the world of connectivity. Along with its vest customer base, BSNL’s standing. The telecom infrastructure alone is worth about Rs. 100000 crore. Turnover of Rs. 31400 crore. BSNL’s nation wide coverage and reach comprehensive range of telecom service and a penchant for excellence; and you have the ingredients for restructuring India for a bright future. Today BSNL is most trusted Telecom Brand of India. EVOLUTION OF BHARAT SANCHAR NIGAM LIMITED (BSNL) In India, the Posts and Telegraph Department originated in 1851 as a small part of the Public Works Department. Dr. William Shaughnessy pioneered telegraph and telephone in India. A regular separate department was opened around 1854 when telegraph facilities were thrown open to the public. The major milestones of the organization are as shown below. BSNL Corporate Organizational Structure {draw:frame} Vision, Mission & Objectives of BSNL VISION: To become the largest telecom Service Provider in Asia. MISSION : To provide world class State-of-art technology telecom services to its customers on demand at competitive prices. To Provide world class telecom infrastructure in its area of operation and to contribute to the growth of the country's economy. OBJECTIVES : To be a Lead Telecom Services Provider. To provide mobile telephone service of high quality and become no. 1 GSM operator in its area of operation. Contribute towards: National Plan Target of 500 million subscriber base for the country by December Broadband customers base of 20 million in the country by 2010 as per Broadband Policy 2004. Providing telephone connection in villages as per government policy. Implementation of Triple play as a regular commercial proposition.

How The Cage Can Be Treated For Adults And Adolescents...

alcohol in the morning to elude withdrawal and to steady their nerves (Aertgeerts, et al., 2004). These transitional questions, in spite of missing discriminative value, are beneficial for familiarizing the subject, as well as making the consultation less threatening (Aertgeerts, et al., 2004). Item responses are scored zero to one, with a higher score a suggestion of alcohol problems. The total score can range from zero to four (Aertgeerts, et al., 2004). This screening apparatus is simply administered and scored and can often times be committed to memory. The CAGE can be used in general medical populations in a primary care setting and be administered at no cost to adults and adolescents over the age of 16 (Aertgeerts, et al., 2004). It has been distinguished that the CAGE takes less than one minute to manage and score. However, it does not screen for drug-related difficulties (Aertgeerts, et al., 2004). The CAGE has been used in numerous cultures worldwide, but often vigilan t rendition is essential to maintain accurateness (Aertgeerts, et al., 2004). However, the CAGE presented with inferior performance than the AUDIT in recognizing alcohol use disorders amongst African American men, white women, and Mexican American patients (Bradley, et al., 2007). The CAGE has been found to perform poorly in younger age groups. Some propose that this is for the reason that the items may be less pertinent to adolescent populations, such as morning

Climate Change Caused By Humans - 2227 Words

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However, the growth of the gas concentration in the atmosphere began with the industrial age. The annual increase in CO2 concentration observed amounts only to half the annual atmospheric release of CO2 from the burning of fossil fuels. A small decrease is actually observed for oxygen in the atmosphere which is what is required for the combustion of coal, oil and natural gas used. The melting of glaciers, the rise of water levels, and the intensified catastrophes—many lives suffer and die from these repercussions of global warming. The accumulation ofShow MoreRelatedClimate Change Is Caused By Humans1339 Words   |  6 PagesJohn Tatom Climate 1. Climate is the weather conditions that are happening in certain areas for a long period of time. The climate has an affect on everything that is living on this planet. Right now the Earth is experiencing climate change. Climate change is when the temperature and weather conditions of the Earth are changing. 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