Answer questions about two cases Essay Example | Topics and Well Written Essays - 1000 words

Answer questions about two cases - Essay Example Negligence defines breach of care by a party to another, leading to harm. The plaintiff must prove different elements in order to win a case on negligence. One of the elements, forming the first criterion to tort of negligence is existence of duty of care. Duty of care is pervasive and involves moral perspective to effects of one’s act, of omission or commission, unless a justification exists for the act. Every person therefore owes people in his or her environment a duty of care for acts that he may commit or omit and the ability to foresee is the key determinant. The case of Commissioners of Customs and Excise v. Barclays Bank plc [2006] UKHL 28, [2006] 3 WLR 1 explains this. In the case, Lord Hoffmann noted that foreseebility is sufficient for physical injury, though not for financial loss (Maclntyre 329). The case of Donoghue v. Stevenson also explains the extent of definition of duty of care. In the case, the plaintiff had consumed a beer that her friend bought before rea lizing remains of a snail in the beer. She suffered shock and stomachache and the courts held that a person owes others a duty of care to other people for harm that can be foreseen (Sagar, Mead and Bampton 2009, p. 16- 18). The criteria that must be satisfied for successful claim in tort of negligence also include proof of breach of the duty of care. The defendant must have failed in the responsibility to ensure safety of the plaintiff and the circumstance must be such that the injury could not be suffered had the defendant ensured the duty of care. It must also be such that no explanation can be offered for the event into the harm. In addition, the defendant must have had authority over the event into the harm but failed to ensure proper control. Another condition that the criterion must satisfy is existence of a loss due to the negligent act. Loses such as physical injury and associated financial loses must be identified and must be incident to the suffered harm. While the

Children who are affected and impacted by their parents with aids Essay

Children who are affected and impacted by their parents with aids - Essay Example Children are at risk of mental, physical and psychological trauma, growing up with the scars of AIDS resultant mutilated life. There is the horrifying problem of children getting AIDS due to the parental ailment. That apart, assuming that these children were born before the parents were afflicted, this will not allow them off the hook and for the rest of their lives, they usually are troubled with the resultant trauma, if not by regular AIDS itself, and for a child, both are equally terrifying. Despite the publicity and literature, surprisingly there is a lack of knowledge about the fatal disease, its transmission and preventive measures. This happens perhaps mainly due to the stigma attached to HIV. People still hesitate to openly discuss the implications and policies; their rights and the help on hand. Usually the subject is avoided, especially in the presence of children. If children are below the understandable age, any way it is not easy for them to know, other than that their parents are suffering and dying and the future is bleak for them. If they are adolescents or old enough to understand the implications, their suffering is all the more acute. It is extremely difficult for children to watch the parents suffer from AIDS and the connected 'opportunistic' illnesses, like serious, incurable infections. It is mentally debilitating for them to see the difficult times that the parents are going through. to see the agony of approaching death, and to watch the parents who were their security in their short lives, losing their strength and nearing the death's door with every passing minute is psychologically horrendous for the innocent lives. According to a 1986 survey by CDC 28,098 cases were reported and 15,757 were dead by December 18, 1986. According to Public Health Service, two million people in US are infected, but are asymptomatic. CDC projected in 1986 that 270,000 cases in US by 1991. 79% of them came from families in which one or both parents were afflicted. 88% were children under 5 out of which 20% were white, 57% were black, and 22% were Hispanic and 55% of them were male children. (All figures based on http://www.ericdigests.org/pre-925/aids.htm) Children, unlike other social segments, lack cohesion, grouping, militancy, united fight and lobbying. They simply resign themselves to reality and wither away and hence, the need for their protection is on the society and government. This is a sacred and bounden duty and immense responsibility. "According to the UN definition, which includes children that have lost either their mother or both parents before the age of 15, the epidemic is already thought to have created 14m orphans ," (Elbe, 2003, p.54). After a few years, the real horror of the problem struck the world, when an extensive survey was taken and the unimaginable figures came out. "In the year 2000, UNAIDS Report gave the figure as 34.75 million children below the age of fifteen who have been orphaned because of AIDS" (Smith, 2003, pp. 108-9). AIDS still remains the same life threatening and devastating disease with a connected stigma. It becomes extremely difficult when the individual/s hit by AIDS belong to a family with children. Sometimes, children are already affected. But sometimes the earlier children might not have been affected and will survive their parents. It is difficult to presume the reaction and questions from a child's standpoint, watching one or both