Tort Coursework Resit Case Study Example | Topics and Well Written Essays - 1500 words

Tort Coursework Resit - Case Study Example Derek dismissed them. The Court of Appeal the decisions and reasons for the same were upheld. The court did not disturb the findings of fact as the same were admitted. The importance of the decision lies in the court's statement of principle may be stated as the coastguards were under no enforceable private law duty of care to respond to an emergency call and under no duty of care. Although the issue is expressed in this general way, the specific right in question in these appeals, is whether an action for breach of legal duty to take care while performing duties by coastguard can be brought against the Secretary who is responsible for Coastguard. law as to what is the duty to take care. Professor Sir Percy Winfield (1933) (1) defined a tort as 'the breach of a duty primarily fixed by the law, where the duty is one towards persons generally and its breach is redressible by an action for damages.' This necessarily implies that to succeed in an action the plaintiff must prove that In the absence of such legal duty negligence has no legal consequence. In Brett M.R. in Heaven v. Pender (2) it was established that under certain circumstances, one man may owe a duty to another, even though there is no privity of contract between them. Dicta of Brett M.R. in Heaven v. Pender as considered in 1932 by Lord Atkins J. in Donoghue v. Stevenson (3) laid down a very important principle of determining a duty. He held that "The liability for negligence, whet... Dicta of Brett M.R. in Heaven v. Pender as considered in 1932 by Lord Atkins J. in Donoghue v. Stevenson (3) laid down a very important principle of determining a duty. He held that "The liability for negligence, whether you style it such or treat it as in other systems as a species of "culpa," is no doubt based upon a general public sentiment of moral wrongdoing for which the offender must pay. But acts or omissions which any moral code would censure cannot in a practical world be treated so as to give a right to every person injured by them to demand relief. In this way rules of law arise which limit the range of complainants and the extent of their remedy. The rule that you are to love your neighbour becomes in law, you must not injure your neighbour; and the lawyer's question, Who is my neighbour receives a restricted reply. You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who, then, in law is my neighbour The answer seems 1. Winfield on Tort, 8th Ed. (1967) 2. (1883) 11 Q.B.D. 509; see also, Thomas v. Quartermaine, (1887) Q.B.D.685, Le Leiver v. Gould (1893) 1 Q.B. 491; Mogul Steamship Co. v. Mcgregor, Gow and Co.Ltd. (1889) 28 ABD 598; Mcrone v. Riding (1938) 1 E.R. 157; Heley v. London Electricity Board (1965) A.C. 778; Phillips v. William Whitely (1938) 1 A.E.R. 566 3. [1932] A.C. 562 to be - persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question. This appears to me to be the doctrine of Heaven v. Pender (11

Female Sexuality in short stories by D. Updike and S. Minot Essay

Female Sexuality in short stories by D. Updike and S. Minot - Essay Example In David Updike's story "Summer", one of the main characters, Homer is attracted by the girl whose name is Sandra. Her sexuality is in her innocence. She is a naà ¯ve girl and her purity appeals for male’s interest. A girl from â€Å"Lust† has different sexual features. She is more experienced girl and it looks like she is searching for the essence of her sexual charm. Thus, both authors consider female sexuality from different perspectives. These girls are prototypes of the blessed woman and the strange woman, if to describe them in terms of religion. The literary techniques used by the authors are developed with regards to the specific sexual features they want to show. Thus, Sandra’s naà ¯ve nature is underlined by the color of her skin: â€Å"[when Sandra] first came in her face was faintly flushed, and there was a pinkish line around the snowy band where her bathing suit strap had been, but the back of her legs remained an endearing, pale white† (Updike). Thus, â€Å"pinkish skin†, â€Å"faintly flushed† face underline that the girl is naà ¯ve and innocent. Sandra’s manner to dress is another feature that characterizes her as an innocent little girl, as a virgin. She wears her nightgown and pulls it to her chin while reading at night. In other words, she is conservatively dressed up like a shy little girl. Moreover, the author prefers to use a descriptive manner of writing, metaphors, figurative expressions etc. In such a way he wants to show the abundance and uselessness of figurative lite rary means on the background of innocence and naà ¯vetà © of his main heroine. She is pure and innocent and there is no need to describe her by means of excessive usage of figurative literary means, it is much better to focus on her white skin and purity of her intentions. Minot’s heroine is a victim of her own sexual impulses. It looks as if this girl felt a necessity to be emotionally dependant on her partners. She explains it in a superficial manner: "I thought the worst thing anyone could call you was a cock-teaser. So, if you flirted, you had to be prepared to go through with it. Sleeping with someone was perfectly normal once you had done it (Minot)." Thus, having sex for her is, on the one hand, a normal behavior. But on the other hand, it should be noted that this girl was wandering along labyrinth of her sexual fantasies and could find no exit. From this perspective, this girl is still a â€Å"spiritual virgin†, while her sexual contacts concern her body, but not her soul. In this case, her abundance of sexual life is a self-protection strategy against a cruel world. It looks like this girl is fighting against her another Self. She is a victim of her inner turbulence: â€Å"Their blank look tells you that the girl they were fuck ing is not there anymore. You seem to have disappeared (Minot)." Thus, this girl cannot even identify herself as a personality. She guesses, if she is present or not and who she really is. The authors’ techniques of narration correspond with their main characters way of behavior. For example, Updike perfectly describes summer; he tries to make his readers