Incident Essay Example | Topics and Well Written Essays - 1250 words

Incident - Essay Example In the case of Ada, she must show that someone's negligence caused her son's death and the injury she suffered to claim damages under tort. With regard to Bob's death, two parties can be found liable - Charles and the organizers of the Senley Regatta. Charles has a duty of care to Bob at sea to exercise due diligence in driving his boat just as drivers on the road have a duty of care to other cars, which he breached when he crossed Bob's lane without giving appropriate signals - an act which any boat driver must be aware of. This is evident in applying the "neighbour test" in Donoghue v Stevenson [1932]2 and the three stage test in Caparo Industries v Dickman [1990]3. The event organisers, on the other hand, are also liable because they have a duty of care towards its participants and spectators. This duty of care is analogous to that in Michael Watson v British Boxing Board of Control Ltd. [2001]4, where the differences in the facts of the case are immaterial because it is evident t hat the organisers in both events both failed to put safety measures to ensure the protection of its participants and spectators. ... the claimant must be sufficiently proximate both with its relationship to the victim and with the incident itself, such that it was witnessed by the claimant in person. This view was furthered in McLoughlin v. O'Brian [1983]6, where it is stated that damages can be awarded if the plaintiff "comes upon its immediate aftermath." In this respect, Ada her sufficiently proximate relationship with Bob, was neither present during the incident nor was she able to arrive immediately at the scene and experience its immediate aftermath. To claim damages, she must therefore illustrate that unlike the case of Alcock v. Chief Constable of the South Yorkshire Police [1992]7, where there were no "depicted suffering of recognizable individuals", the satellite feed she watched on television allowed her to recognise Bob's boat, not only because she was aware he was participating in the event, but also because she recognised his distinctively coloured boat, allowing her to see the suffering of a recogni sable individual. While this claim can be risky, because it departs from conventional interpretation, she has a good chance to claim damages for nervous shock, provided that she can illustrate the substantial differences of her case. With respect to Freddie, a fireman who suffered nervous shock after rescuing ten of the children in the pleasure cruiser two of whom died in the hospital, he cannot claim damages under tort of negligence for two reasons. First, even though the rescue doctrine in Wagner v International r.r. Co., (NY) [1921]8 , 9 and in Ogwo v Taylor [1987]10 makes Charles liable to the physical injuries that Freddie may suffer as a result of the rescue; Freddie was not rescuing Charles, but one of the students, who were victims of Charles' negligent act. Thus, this makes the

Week 8 Discussion Research Paper Example | Topics and Well Written Essays - 500 words

Week 8 Discussion - Research Paper Example as a result of the breach and more importantly, serve as a proof that the company is fully compliant with all applicable rules and regulations (Charlette, 1996). Basically, compliance starts with day to day compliance at the organizational level. The following are some of the benefits that accrue to an organization that implements an effective compliance program: 1) Good faith efforts in following the set rules and regulations whereby every organization that adheres to a compliance plan gives a good example of its efforts in compliance with set rules and regulations. 2) Sentencing guidelines whereby, if the government decides to sue a company for criminal offences, then a good record of compliance can act favorably for the company defense. 3) Proactive approach, whereby a company that voluntarily adheres to the compliance program portrays a good picture of both regulatory and statutory compliance. Every organization based in US and with a strong reputation for integrity and honesty must be fully compliant with the set plan. Therefore, such an organization must have a compliance plan within which to operate in pursuance of the organizational objectives. Further, such a plan could help an organization with investments across the borders to successfully conduct its business, therefore, not only the employees of local branches, but also those of foreign should comply with the set out procedures to ensure the overall success of the organization. As one of the largest energy companies, ExxonMobil have indicated on their website that environmental issues are of great concern. Further, by calling for extra vigilance to ensure environmental safety and protection, they remind us of the tragic incident of deepwater horizon, which led to massive oil spill (Engel, 1979). From their website, it is evident that the company has put in place measures that guarantee safety in their operations, emergency preparedness, environmental protection and management of climate change. More