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Wednesday, August 26, 2020
Attitude, behavior, & high quality of customer relationship management Research Proposal
Mentality, conduct, and high caliber of client relationship the board effects on the Saudi shopper purchasing choice - Research Proposal Example In this specific situation, client care is the foundation on which client relationship depends to an impressive degree. At the end of the day, client assistance decides and impacts client relationship and empowers the business firms to create positive relationship with clients. Client assistance speaks to an incorporated and far reaching set of business procedures and practices conveyed by business firms to the clients. Business associations overall endeavor to convey an upgraded and improved arrangement of client benefits so as to involve high consumer loyalty (Shoult, 2006). It has likewise been distinguished that client purchasing choice impacts by the client assistance fundamentally. High caliber and positive client administrations pull in clients in buying or benefiting specific items and administrations. Then again, low quality and poor client support drove the clients to switch over to different contenders. This follow up on the piece of clients of exchanging over to different contenders influences picture and notoriety of business firms adversely. This circumstance of exchanging over different contenders wins all the more altogether if there should arise an occurrence of Saudi Arabian business firms. The current examination study targets distinguishing and dissecting level of client care in Saudi Arabian firms like carriers, banks, media transmission organizations, clinics, eateries and some more. The factors influencing Saudi Arabian consumersââ¬â¢ choice like value, quality, after deals administrations, contending offers and a lot more will likewise be talked about in the basic investigation. The determination of exploration techniques, information assortment procedures and approaches will likewise be done as per generally reason and points of the examination. The examination issue goes about as an establishing stone for the investigation as it clears the way for arranging and directing different areas of the exploration procedure. Considering this, research
Saturday, August 22, 2020
Do Less Blacks Than Their Fell Essay Example For Students
Do Less Blacks Than Their Fell Essay Do less blacks than their individual white Americans utilize the web? As indicated by the Pew Study on Internet Usage , the appropriate response is indeed, however this examination rushes to call attention to that its not simply shading, its a blend of things. Be that as it may, as per Leonce Gaiter , creator of Is the Web unreasonably Cool for Blacks, the web mocksour essential convictions, our center wants. (p 643) Gaiter straight expresses that most of white Americans have a numbness for dark culture. He doesn't set aside the effort to address the other genuine reasons representing the dark lack, yet keeps on shaking on about bias and bigotry, not in any event, halting to archive legitimate sources. Have ethics and qualities changed in America and abandoned blacks? As indicated by Gaiter, the web cannot assist us with accomplishing our 50s and 60s beliefs (p 643). Blacks despite everything need the conventional American Dream. Indeed, what is the conventional American Dream? Maybe, the fantasy is to have a great vehicle and house, and a great job. In any case, rather than Gaiter, I accept that these are very similar things we need today. Nothing has changed aside from the way that business visionaries have developed with the development of the Web. Individuals are discovering approaches to bring in cash from roads they never longed for. The American Dream as we probably am aware it has not disappeared or been abandoned, it has just been changed to incorporate family time and individual objectives. Despite the fact that bigotry has diminished in the public arena today, it despite everything is a danger to getting individuals on the Web. These days, blacks are by all account not the only one being oppressed its all minorities. In examines directed, of the online network, just 23% are non-white. Along these lines, non-whites are awkward with the way that they may chat with the individuals who under ordinary conditions would show preference against them. President Clinton expressed that his objective was to have a PC in each home before the finish of his term. Yet, what number of individuals will need to get to the web in the event that it is viewed as white? Gaiter expressed that the web is viewed as white and subsequently individuals remain away to maintain a strategic distance from inconvenience, regardless of whether they are offered the chance. The main issue that Leonce Gaiter didn't completely address is financial matters. With the measure of individuals on government help developing regular, financial matters acts like a major issue. Studies have indicated that of most of the individuals who don't utilize the web in any event 35% were at a monetary inconvenience. By what method can this issue of financial matters be illuminated? One of the key answers will be to bring down the cost of PCs and to make Web get to modest and open, with the goal that everybody will have the chance to progress innovatively. On the off chance that this issue is dealt with, more blacks and different minorities will exploit the web. Everybody merits the change to perceive what the web brings to the table. At the point when individuals can move beyond their disparities and see the potential this brings to the table, life will detonate with conceivable outcomes!
Wednesday, August 19, 2020
Grades in Context
Grades in Context If you go to MIT, the odds are good that youll get a B at some point. Is that one of this years end-of-the-world scenarios? Not exactly. Let me be frank: If you were to look at my external transcript, youd see a B next to 8.02 (Electricity and Magnetism), and a B next to 5.13 (Organic Chemistry II). And you might conclude a few things about my capabilities. If youre new to how MIT shows off your grades, then I should tell you that external transcripts drop any plus or minus modifiers, so an A+ looks exactly like an A-, which in turn looks like an A. Thats great if you squeak by with an A- for a term in one class, but if you got, say, a B+, you might feel robbed. But enough of the preemptive justifications. Let me tell you a story of two Bs. 8.02 8.02 was a second semester class for me, so my attention was divided between a sort of limerence for the days of yore the good ol pass/no record days, which are now a year old a concern for my future prospects of going to med school, and the knowledge that if I horribly messed up, at least Id be able to no record a class and do it over. After a frightening semester of flying washing machines and ridiculous gyroscopes in 8.01, I felt pretty certain that 8.02 was going to school me. Yes, I had passed 8.01, but I imagined that this time around, the problems Id have to solve would involve charged gyroscopes inside washing machines with changing magnetic fields. It also didnt help that bits of 18.02, a class whose nigh-inscrutable concepts racked my brains to no end, had a few guest appearances in the 8.02 curriculum. I mean, isnt that why the class numbers end in the same 3 digits? In any case, I was pretty scared. Then the first week of classes came around. Surprisingly, I wasnt struggling. Like, at all. The first of the Maxwell equations, Gausss law, involved calculations that were made much easier due to symmetry. I quickly caught on to signs of spherical and cylindrical symmetry and applied the proper equations. As we expanded to other concepts and other equations, the crucial hints stuck out like sore thumbs. I let the heaviness of my fears of having to do complicated calculations (a la 18.02) dissipate through sighs of relief. And gradually, I let my guard down. I did so to the detriment of another seemingly small component of my 8.02 grade. Due before every 8.02 lecture is a set of reading questions. They were seldom graded too harshly, but I thought they were redundant even a bit of a waste if we were just going to cover the material in class. To further put that in perspective, I typically wasnt the type to read material before class. That plan even worked out, to some extent, in the first semester. I balked at the idea of having ones grade hinge solely on ones ability to recapitulate concepts from the reading. So, midway through the semester, I would drop reading questions whenever I had too much else to do that night, or if I simply wasnt feeling in the mood to do them. After all, I reasoned, the exams were straightforward, so I might as well treat myself. Fast forward to the final exam. I figured, correctly, that there would be no surprises. But as it turns out, I lost a few too many points on the final and wound up with a B+ for the term. Do you know what couldve brought my grade up? Seriously, guess what couldve given me enough of a buffer to bring my grade up. Doing all of the freakin reading questions. Had I done that, I mightve gained the extra three points I needed for an A! Moral of the story? Dont throw away free points! 5.13 If 8.02 initially struck me as the class for which I thought Id need my brown trousers, then 5.13 was the class for which I thought Id need a defibrillator and a well-trained team of paramedics and EMTs on call. Really that bad. My prognosis on the class got so bad that I switched it to sophomore exploratory, which is basically the sophomore version of pass/no record. More specifically, you get to choose one class per term as a sophomore; if you get a grade youre not satisfied with, you can switch it to listener status, salvaging your GPA for that term and allowing you to take it again with no penalty. Why was I so scared? One of my premed friends (Ahmed, an ol blogger alum who desperately hopes one of you readers will recognize him :p) warned me about his brief experience with 5.13. Since 100% of ones grade in 5.13 is determined by 4 midterms and the final, he simply referenced the first two exams that he took before he dropped the class. On the first, he was broadsided with something close to a 30/100. For the second exam, which he thought he was going to absolutely own as he walked into the exam room, he did about 10 points worse. He eventually did orgo 2 another time, but jeeeeeeeeeeez, if his horror stories didnt give me misgivings about taking 5.13, then Id have to guess that I lacked an amygdala. The first exam mirrored his experience, though my scores, after all those years, were most likely adjusted for inflation. I remember my first score was a 49/100, just a point or two shy of the C/B border. On the positive side, that was much better than I was expecting! On the negative side, I had the sinking feeling that it could only get worse from there until it didnt. On the second exam, I jumped up 9 points, but I wouldnt know that until after I hurriedly made arrangements with my advisor to switch 5.13 to sophomore exploratory status. Once again, I was pleasantly surprised by my grade, but I learned a few things from 8.02 and kept my guard up throughout the semester. Even for all of my hard work, though, 5.13 never really clicked in the way that other classes did. I sought advice from my TA during office hours once a week, doubled up on recitations on some weeks, and referred to two textbooks for practice problems. Admittedly, I felt like I was burning the candle at both ends as I continued my strenuous studies. Maybe that was why I wound up with a B in the class: because I never gave myself a break in that class, leading to numerous moments where I simply tapped out during study sessions and didnt feel like continuing. Maybe if I paced myself, Id be taking in all of the material at a reasonable pace. I mulled over this, endlessly, as I walked out of a very disappointing final exam session. But then I stopped myself when I remembered what one of my good friends at Wellesley College told me a year ago. Grades arent always a measure of effort, but if you happen to get an A, a B, or even a C after busting your backside over the material, then you did what you could. And frankly, getting a B after all of that is something to be proud of. I have until registration day for the spring semester to change 5.13 to listener status, a good two months or so after the last day of fall term. But you know what? As far as that B is concerned, I think Ill just let it be.
Sunday, May 24, 2020
Using Vivre in French Expressions
The French verb vivre literally means to live and is also used in many idiomatic expressions. Learn how to be at peace, move with the times, live to a ripe old age, and more with this list of expressions with vivre. Possible Meanings of vivre to liveto be alive(in the passà © composà ©) to be over, to have had its day, to be a thing of the past Expressions with vivre vivre au jour le jourto live from hand to mouthvivre aux crochets de quelquun (informal)to live/sponge off someonevivre avec quelquunto live with someonevivre avec son à ©poqueto move with the timesvivre avec son tempsto move with the timesvivre biento live wellvivre centenaireto live to be 100vivre comme mari et femmeto live as husband and wifevivre damour et deau fraà ®cheto live on love alone, to live a carefree lifevivre dangereusementto live dangerouslyvivre dans la crainteto live in fearvivre dans les livresto live in booksvivre dans le passà ©to live in the pastvivre deto live on, make a living fromvivre de lair du tempsto live on airvivre des temps troublà ©sto live in troubled timesvivre en paix (avec soi-mà ªme)to be at peace (with oneself)vivre largementto live wellvivre le prà ©sentto live for the presentvivre linstantto live for the momentvivre mal quelque choseà to have a hard time of somethingvivre que pour quelque choseto live for somethingvivre sa foito live out ones faithvivre sa vieto live ones own lifevivre son artto live out ones artvivre sur sa rà ©putationto get by on the strength of ones reputationvivre une pà ©riode de criseto be going through a period of crisisvivre vieuxto live to a ripe old ageavoir (juste) de quoi vivreto have (just) enough to live onà ªtre facile/difficile à vivreto be easy/difficult to live withfaire vivre quelquunto support somone, keep someone goingsavoir vivreto know how to live (have a good life) or to know how to behaveà se laisser vivreto live for the day, to take life as it comestravailler pour vivreto work for a livingÃâ¡a lui apprendra à vivreThatll straighten him out.br/>Lhomme ne vit pas seulement de pain.Man shall not live by bread alone.Il fait bon vivre.Its good to be alive.Il faut bien vivreà !You have to live!Il me fait vivreIt pays the bills, Its a livingIl vit un beau roman damourHis life is a love story come trueJe vais lui apprendre à vivreIll teach him a thing or twoL aissez-les vivreà !Let them be!On ne voyait à ¢me qui viveThere wasnt a living soul to be seen.Qui vivra verra.What will be will be.La vie ne vaut pas la peine dà ªtre và ©cue.Life isnt worth living.Vive... !Long live ...! Hurrah for ...!Vive la France !Long live France!lart de vivreway of lifela joie de vivrejoy of lifele savoir-vivremannersle vivre et le couvertbed and boardle vivre et le logementroom and boardles vivressupplies, provisionscouper les vivres à quelquunto cut off someones means of subsistenceà ªtre sur le qui-viveto be on the alertla vielifeCest la vieà !Thats life!vivant (adj)living, alive, livelyde son vivantin his/her lifetimela vive-eauspring tidevivement (adv)brusquely, sharplyVivre conjugations
Wednesday, May 13, 2020
The Rise of Communism in Russia - 2447 Words
The Rise of Communism in Russia Unless we accept the claim that LeninÃâ¢s coup dÃâ¢ÃŽtat gave birth to an entirely new state, and indeed to a new era in the history of mankind, we must recognize in todayÃâ¢s Soviet Union the old empire of the Russians -- the only empire that survived into the mid 1980s (Luttwak, 1). In their Communist Manifesto of 1848, Karl Marx and Friedrich Engels applied the term communism to a final stage of socialism in which all class differences would disappear and humankind would live in harmony. Marx and Engels claimed to have discovered a scientific approach to socialism based on the laws of history. They declared that the course of history was determined by the clash of opposing forces rooted inâ⬠¦show more contentâ⬠¦The crowds demanded food and the step down of Tsar. When the troops were called in to disperse the crowds, they refused to fire their weapons and joined in the rioting. The army generals reported that it would be pointless to send in any more troops, because they would only join in with the other rioters. The frustrated tsar responded by stepping down from power, ending the 300-year- old Romanov dynasty (Farah, 580). With the tsar out of power, a new provisional government took over made up of middle-class Duma representatives. Also rising to power was a rival government called the Petrograd Soviet of Workers and Soldiers Deputies consisting of workers and peasants of socialist and revolutionary groups. Other soviets formed in towns and villages all across the country. All of the soviets worked to push a three-point program which called for an immediate peas, the transfer of land to peasants, and control of factories to workers. But the provisional government stood in conflict with the other smaller governments and the hardships of war hit the country. The provisional government was so busy fighting the war that they neglected the social problems it faced, losing much needed support (Farah, 580). The Bolsheviks in Russia were confused and divided about how to regard the Provisional Government, but most of them, including Stalin, were inclined to accept it for the time being on condition that it work for anShow MoreRelatedGeorge Orwellââ¬Å¡Ãâà ´s Animal Farm: The Rise of Communism1207 Words à |à 5 PagesOrwell effectively conveys the rise of communism in Russia throughout the book Animal Farm by the accurate elucidation of the context in the Soviet Union from 1917-1945. O rwellââ¬â¢s attitude and political view towards Russia is evident in his representation of the farm animals on Communist Party leaders: Napoleon and Snowball, for example, are figurations of Joseph Stalin and Leon Trotsky, respectively. He expresses the anthropomorphic characters of farm animals, and major events in Animal Farm suchRead MoreEssay about The Bolshevik Revolution850 Words à |à 4 PagesThe Bolshevik Revolution The Bolshevik Revolution started many changes in Russia. One of the most dramatic changes was the change of their form of government to communism. This was brought about by the murder of the Czar and his family by the Bolsheviks. The Bolsheviks were sure to include the whole family in the murder because of the fear that someday one might comeback and reclaim power. So on July 17, 1918 Czar Nicholas II and his family were murdered. Although there were rumors about hisRead MoreRussia And The Soviet Union1670 Words à |à 7 PagesUnion, the West opposed the communist nation ideologically, the capitalist West feared communism. Communism was the reason that the Soviet Union was not compatible with the Western capitalist nations. With the end of the Soviet Union and the birth of capitalism in Russia, the West believed that their eastern problem was over, although as time would tell this assumption would be incorrect. Over the next decade, Russia would exert their power over boarding nati ons trying to join NATO, even invading GeorgiaRead MoreHow Successful Was Lenins Attempt to Create an Alternative Modernity in Russia by 1929?830 Words à |à 4 PagesHow successful was Leninââ¬â¢s attempt to create an alternative modernity in Russia by 1929? Overview The aim of this essay is to discuss how successful Leninââ¬â¢s policies were in his attempt to create an alternative modernity in Russia by his death in 1924. By scrutinizing his actions and their individual impacts in relation to the desired modernity, historians can assess whether Lenin achieved the socialist dream he sought for. I will break down the essay into three components from which I can individuallyRead MoreEssay on Animal Farm And The Russian Revolution877 Words à |à 4 Pagestotalitarian regimes and particularly Stalins corrupt rule in Russia. In the first chapter Orwell gives his reasons for writing the story and what he hopes it will accomplish. It also gives reference to the farm and how it relates to the conflicts of the Russian revolution. The characters, settings, and the plot were written to describe the social upheaval during that period of time and also to prove that the good nature of true communism can be turned into something atrocious by an idea as sim pleRead MoreAnimal Farm and the Russian Revolution - Essay895 Words à |à 4 Pagestotalitarian regimes and particularly Stalins corrupt rule in Russia. In the first chapter Orwell gives his reasons for writing the story and what he hopes it will accomplish. It also gives reference to the farm and how it relates to the conflicts of the Russian revolution. The characters, settings, and the plot were written to describe the social upheaval during that period of time and also to prove that the good nature of true communism can be turned into something atrocious by an idea as simpleRead MoreCapitalism And Communism : Communism Essay852 Words à |à 4 PagesCapitalism Communism Communism The theory of communism was designed by German Philosopher Karl Marx. In 1848, he wrote a book of his ideals known as The Communist Manifesto, which later served as the inspiration for the formation of the Communist Party. Communism is also known as Marxism. Marx believed that an ideal society must be classless as well as stateless. His main idea and aim +was simple- to allow the poor a fighting chance and free the lower class from poverty. In order to extricateRead MoreEssay on The Impact of Lenin on Russia and the Russian People939 Words à |à 4 Pages The Impact of Lenin on Russia and the Russian People Vladimir Ilyich Ulyanov (a.k.a Lenin) was born in 1870, into a middle class family. In the year 1887 when Lenin was 17 his elder brother Alexandra was executed for conspiring to assassinate the tsar. Lenin who was already well educated and fond of reading and writing was encouraged to enter politics to make changes and to somehow avenge his brothers death. The long term effects of this were that Lenin would laterRead MoreTsar Nicholas II in Russia Essay718 Words à |à 3 PagesRussia was a rural country that once had regime. The majority of Russia was profoundly poor and the few that were rich were extremely wealthy. Their last ruler had been Tsar Nicholas II who was not a natural leader; in fact most people could describe him as a reluctant and feeble monarch. Russia suffered numerous revolutions and defeats in wars under the regime. As a result their country was damaged, economically and socially. Russia was poverty stricken particularly in the countryside where theRead MoreCommunism Under Stalin vs. Mao1088 Words à |à 5 Pagesquite different. Each of these great leaders wished to transform his country into something new and powerful. Though their methods of rule were not the same, they each were extremely effective leaders and had enormous impacts on his own country. Russia, before Stalin, could absolutely be considered as being a weak and peasant country. China, before Mao Zedong, was attempting, but failing, to modernize efficiently under Nationalism. These two countries under Stalin and Mao Zedong advanced quickly
Wednesday, May 6, 2020
Managerial Decision Making in the Aerospace Industry Case Study Free Essays
As in many other industries, the IT has changed the way of performing management process. For example, the cost management process went from hand-written and mainframe computers to sophisticated software applications that help reducing the workload, headcount, and expedite the job completion. Also, this helps improving the outcome quality and increase productivity. We will write a custom essay sample on Managerial Decision Making in the Aerospace Industry Case Study or any similar topic only for you Order Now The managerial accounting process in the aerospace industries follows a certain steps. The success of each of the steps depends heavily on the previous step, any break of inefficiency of one or more of the steps will collapse the whole process. Organizations have to chose between operating a commercial-of-the-shelf software of invest in designing a special software. The companies that chose to operate the commercial software will be able to use it in for operations such as cost estimating, analysis, and proposal pricing. While the special designed software allows more specific operations, it requires a substantial investment to create and operate. Accurate estimation is critical for the financial success and it allows the organization to successfully propose price decision, source of investment. The Department of Defense requires contractor to have an ââ¬Å"acceptableâ⬠estimating system. There are different estimate methods such as round table, comparison, detailed, and parametric. A combination of the four methods could be used based of the needs and timing. The pricing proposal step is one of the complexes and demanding functions that requires an analysis for alternative program plans and schedule, prospective cash flow and return on investment, satisfy internal management views, and respond to the costumersââ¬â¢ expectations. The project cost has been depending on applications that were designed internally to help account manager to analyze the cost. After that, some companies created software that targeted the aerospace industry to help them with project scheduling and earned value. The continuous change of requirement made by DOD forces the aerospace industry to accommodate the new demands and there was more application software available. The constant change of requirements and imposing new regulations by the government and implementation of the advanced software applications have greatly improved the productivity of the cost analysis managers and reduce the workload on the contractors. This resulted in having more effective cost analysis staff that performs better in satisfying the requirements in less time and cost, and provides an more accurate information. How to cite Managerial Decision Making in the Aerospace Industry Case Study, Free Case study samples
Tuesday, May 5, 2020
Class Actions and Duplicative Litigation
Question: Discuss about the Class Actions and Duplicative Litigation. Answer: Introduction: Class action is one of such lawsuits in which a group of people, come together and commence claims against another person. Such a group is collectively represented by one of the members, who belong to the group (Greer, 2010). Characteristically, the plaintiff sues the defendants in a class action on behalf of a group, which also consists of people who are not present at the time of litigation. This is one of the key differentiating points in a normal litigation and a class action, as in the former, the parties are required to be physically present while the proceedings are continued (Anderson and Trask, 2012). The laws of each and every nation define the manner in which a class action has to be governed and dealt with. Though, generally, the group in class action belongs to such individuals who have been harmed in same way, by the same defendant (Eisenberg, 2016). So, instead of initialing different proceedings for a similar matter, the class action helps the individuals belonging to such a class action in a single lawsuit and this decides upon the injury claimed. Through the review of the relationship amongst an employer and an employee, a class action could be avoided, provided such a review is done in a periodical manner (McDermott Will Emery, 2007). The engineers can benefit from the class actions for avoiding the issues which have been claimed against them. Even if in a class action, one of the injured parties can be proved as wrong, the foundation of the entire class action can be shook. And so, the closure of such actions can become easier. Also, the damages claimed through such class actions can be reduced. Class actions also help in unifying of the damages to be paid, and hence avoiding duplicative litigations (Sherman, 2017). The issues which have been raised in the previous litigations against the company, or against some other organization, can be used as a guiding light for handling the current action, along with taking precautions so as to avoid future claims (Johnson, 2013). In Matthews v AusNet Electricity Services Pty Ltd Ors [2014] VSC 663, the class action was brought against SPI, i.e., Electricity Services Pty Ltd, previously known as the SPI Electricity Pty Ltd; against UAM, i.e., the maintenance contractor who has the responsibility of periodical inspection of the power line; and against the State parties, i.e., the different entities belonging to State of Victoria, as they had the duty of fighting of fires, managing forest land and policing of emergencies (Australasian Legal Information Institute, 2014). Here, a range of people can come together to initiate class actions against the parties highlighted above. The class action was initially brought up by Leo Keane; though, later on, the plaintiff was substituted by Carol Ann Matthews (Milovanovic, 2011). The class action made by Mathews was on behalf of the individuals summarized below: The individuals who claimed for a personal injury; The individuals who suffered an economic loss, which was not due to the damage caused to their properties or for the injury caused to such individuals; As per Part 3 of the Wrongs Act 1958, the individuals who died due to fire; and The individuals who suffered a loss or damage to their property (State Government of Victoria, 2014). In the quoted case, a settlement to the value of almost A $500 million was achieved; though, the liability was no admitted by any of the parties. This however, does not mean that there was no liability in the given case (Farnsworth, 2016). There is a strong base for attribution of liability for the damages resulting from the Black Saturday bushfires, and these are in the nature of negligence and negligent pure economic loss. Before applying these to the case here, the base of these laws have been highlighted. Negligence is one of the torts in Australia. Under negligence, an individual owes a duty of care towards another and there is a breach of this duty, which results in a harm to the other person (Kelly, Hammer and Hendy, 2014). In order to establish a case of negligence, the duty of care has to be clearly established (Turner, 2013). This has to be followed by a breach of duty of care and this breach has result in an injury or loss. These are the essential elements of negligence, without which a case of negligence cannot be made (Greene, 2013). The justification behind negligence is to affix an obligation of care on people doing some activity, which can pose as a threat resulting in an injury to another person (Trindade, Cane and Lunney, 2007). However, there has to be a direct causation between the injury caused and the negligence. The injury caused also has to be substantial in nature and cannot be remote. Lastly, there has to be a foreseeability of the risk, so that a breach of duty of care can be established (Statsky, 2011). Once negligence can be established, with the help of elements quoted above, the injured party can take action for claiming damages in form of monetary compensation, or for the non-pecuniary damages for the emotional distress (Latimer, 2012). The snail in the bottle case or Donoghue v Stevenson [1932] UKHL 100 is a prime example of negligence and its claims. In the mentioned case, Donoghue was the consumer, who drank the ginger beer from the bottle manufactured by Stevenson, and fell ill, as a result of the dead snail found in the bottle. The manufacturer held that the plaintiff should sue the caf owner, which was located in Paisley, Renfrewshire as he had served the bottle. But the court held that the manufacturer owed the duty of care to its consumers and hence, had to compensate Donoghue for her loss, resulting from negligence (Harvey and Marston, 2009). A similar view was taken in Grant v The Australian Knitting Mills [1935] UKPC 2, where the manufacturer had to compensate Grant for the resulting dermatitis due to negligence of the defendant in manufacturing of the woolen underpants (Australasian Legal Information Institute, 2014). In this case study, the negligence was applied through the statutory legislation of the Wrongs Act 1958. Section 48 of this act covers the basic principles associated with negligence. This section mandates that the risk has to be predictable or foreseeable and cannot be inconsequential. Along with this, a sensible person, in similar situation, would have taken a precaution against the risk of harm. As per section 49 of this act, the burden of taking precautions is ascertained through the fact of avoidance of the risk of harm, in addition to the succeeding acts which could have been undertaken to mitigate such risk of harm (Australasian Legal Information Institute, 2014). For this case, the plaintiff had to establish the negligence of SPI, under section 51(1), was the reason for the occurrence of harm. Moreover, the burden of establishing this was placed over the plaintiff under section 52, based on the balance of probabilities, in addition to the pertinent facts as regards to the issue of causation (Australasian Legal Information Institute, 2014). It had been successfully shown for SPI that there was a presence of real risk of failure related to scheduled inspection. For SPI, the negligence was claimed to be regarding the nuisance in legal sense, the asset management, the oil-operated circuit re-closer, the targeted damper, and the management of electricity. In the view of Osborn J, SPI had to have known regarding the potential risks (State Government of Victoria, 2014). Apart from SPI, there is also a segment of liability which falls over UAM as the maintenance contractor. This related to his failure in taking the care and skill while carrying out the pre-fire scheduled inspection in Februarys 2008. So, for SPI and UAM, the liability arises from negligence (State Government of Victoria, 2014). The previous part highlighted how the legal liability of negligence was fixed over SPI and UAM due to the negligence which resulted in loss for the individuals raising the class action. Though, there are some limitations which are applicable for the recovery of damages. These limitations are limited to the claims raised purely for economic loss due to negligence. Negligent pure economic loss relates to the loss which is to be borne by the individuals, not resulting from a physical injury but from the economic loss (Harp, 2009). The class action initiated against SPI and others by the individuals, who suffered an economic loss, would be restricted through the applicability of this principle. Where the case of negligent pure economic loss is established, the general rule states that a no recovery rule has to be applied (Hunag, 2011). The base of this rule was born through the case of Rylands v Fletcher (1868) LR 3 HL 330, [1868] UKHL 1. In this, the mill was owned by the defendant and he constructed a reservoir on his land. This reservoir was put over a mine which was abandoned. The water of this reservoir was filtered through this very abandoned mine. Later on, this water spread over the mine of plaintiff, which was a working mine. And this resulted in far-reaching damages to the working mine. The court in this held that the claim for recovery of pure economic loss could not be held. Furthermore, the defendant could only be held liable for using the land in a manner in which it was not allowed (Swarb, 2015a). Another case where this principle was established was the case of Weller v Foot and Mouth Disease Research Institute [1966] 1 QB 56. In this case, a virus escaped from the premises of the defendant and infected the cattle of the plaintiff. Due to these reasons, the cattle were rendered unsellable. The plaintiff brought a case against the defendant for the loss of profit, highlighted that the cattle would have been fine, had the virus not leaked. Though, the claims of plaintiff failed, owing to pure economic loss, which is not recoverable (Swarb, 2015b). Hence, on the basis of these two cases, the people in the class action, who have lost their housing or source of income, could be restricted from claiming damages, due to those being pure economic losses. The Black Saturday bushfires case can be taken as a leading example for dealing with the claims which arise due to negligence against any organization. Furthermore, for future claims also, this case provides guidance for limiting the exposure for claims being raised. This can be done by undertaking the care in points where SPI and other failed, so as to avoid the occurrence of fire. For instance, had the UAM undertaken the inspection work properly, the propensity of the fire could have been decreased. The organizations, for avoiding claims of negligence being raised, should pay attention to the precedents. Precedents are the court orders, or the verdict of case which have been decided in the court of law, for some other case (Legal Information Institute, 2017). Precedents, or the prior decisions, are applicable on such courts which are subordinate in hierarchy to the court, which has given the particular derision (Duxbury, 2008). In addition to the precedents, the established case laws are also to be taken care of, while undertaking the actions required for avoiding a claim of negligence being raised. Moreover, once a case of negligence has been used, such cases can be relied upon, for established their side of the story, as the precedent would support their side. To show how a case can be used in a particular case, some of the cases related to the case of Mathews, have been elaborated below. In the case of Johnson Tiles Pty Ltd v Esso Australia Pty Ltd [2003] VSC 27, an explosion took place as a result of the carelessness of the defendant in maintenance of the plant. The plaintiff initiated a case against Esso, the defendant in the Supreme Court of Victoria. Most of the claims raised in this particular case were related to the pure economic loss. While giving their judgment, the court held that this particular case was similar to that of Donoghue v Stevenson, in addition to that of Grant v Australian Knitting Mills. The similarity was drawn for the duty of care which Esso owed to its customers, for avoiding the stopping of the gas, which ultimately led to the property damage. However, the statutory framework could not put a duty on Esso for such economic loss and so, Gillard J held that a duty for economic loss was not owed by Esso (Sweeney, 2004). In the case of Woolcock Street Investments v CDG Pty Ltd [2004] HCA 16, the question raised in front of the High Court was about the accountability of the architect or builder of any commercial building to a person who purchases the building subsequently, for the faults in the construction or designing of a particular building, resulting in economic loss. The decision given by the High Court in this case was quite significant, especially for all the architects and builders, as they denied their liability in such cases (Allens, 2004). Hence, for the future, this case can be used for establishing that the builder or architects did not have the liability for the negligence claims. If there are cases which support a particular stance, there are those which can be used to oppose the same. An example of this is the case of Burnie Port Authority v General Jones Pty Ltd (1994) 179 CLR 520. Here Burnie was the defendant and General Jones was the plaintiff. The property of the plaintiff was kept at the building owned by the defendant. While carrying on the construction work, by the independent contractors hired by Burnie, the building was burnt down in its entirety and the property of Burnie was destroyed. While giving the decision of this case, the High Court decided that the verdict of Rylands v Fletcher had to be discontinued. As a result of this, General Jones could successfully claim the damages from Burnie for the loss caused (Sappideen at al. 2009). This shows that for the case of Matthews, the case of Burnie can be used for claiming the economic loss. And so, the individuals under the class action, who claim for economic loss due to damage of house or loss of source of income, could be held successful in their claims. This affirms the manner in which the precedents and the established case laws can be used for supporting or opposing a particular claim raised in case of negligence. So, the organizations have to use these to their benefit, and be ready to defend themselves against the cases, which can be used against their claims. In the given case study, the settlement amount was the only thing decided and the particular faults were never fixed. However, if the fault had to be fixed, the above highlighted case laws could be used as a weapon or shield, depending upon the side of the party. When such a situation arises, where both parties have strong case against the each other, the judgment of the established case which is most similar to the problem case is adopted. So, for Matthews, the most appropriate case would be that of Johnson Tiles Pty Ltd v Esso Australia Pty Ltd. This is because of the similarity in the facts of the case. And using the verdict of this case, SPI and others could avoid the claims of negligence, in form of pure economic loss. Though, they would still remain liable for the physical loss. Current Standards The Engineers Australia Code of Ethics is the code which is applicable over the engineers in Australia and it is such a code, which is related to their field of knowledge and experience. This code has been broadly divided into four key areas as per which, the engineers are required to exercise leadership, promote sustainability, demonstrate integrity, and practice competently. By adhering to this code in a strict manner, the chances of a claim being raised for negligence can be minimized. The reason behind this stems from the requirements of this code. Under this code, the engineers have to identify the stakeholders, their needs and requirements, and that of the upcoming generations. They have to act based on properly informed conscience, be honest and trustworthy and also have to respect the others dignity while doing their work. They are also required to maintain professional competency by attending regular sessions (Engineers Australia, 2015). By ensuring that their work is done in a proper manner, a slip up or negligent act could be avoided altogether and so, the loss could be easily eradicated. Though, in case this code is not followed to the spirit and letter, a case of negligence could easily be raised. References Allens. (2004) Litigation Dispute Resolution. [Online] Allens. Available from: https://www.allens.com.au/pubs/ldr/recall2jun04.htm [Accessed on: 03/04/17] Anderson, B., and Trask, A. (2012) The Class Action Playbook. Oxford: Oxford University Press. Australasian Legal Information Institute. (2014) Matthews v AusNet Electricity Services Pty Ltd Ors [2014] VSC 663 (23 December 2014). [Online] Australasian Legal Information Institute. Available from: https://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/vic/VSC/2014/663.html?stem=0synonyms=0query=title(Matthews%20and%25 [Accessed on: 03/04/17] Duxbury, N. (2008) The Nature and Authority of Precedent. Cambridge: Cambridge University Press. Eisenberg, J.N. (2016) Litigating Securities Class Actions. New York: LexisNexis. Engineers Australia. (2015) The Ethical Engineer. [Online] Engineers Australia. Available from: https://www.engineersaustralia.org.au/portal/news/ethical-engineer [Accessed on: 03/04/17] Farnsworth, S. (2016) Black Saturday bushfires: Victims to get compensation payouts before Christmas. [Online] ABC News. Available from: https://www.abc.net.au/news/2016-12-07/black-saturday-bushfire-survivors-to-receive-payout-christmas/8099322 [Accessed on: 03/04/17] Greene, B. (2013) Course Notes: Tort Law. Oxon: Routledge. Greer, M.H. (2010) A Practitioner's Guide to Class Actions. Illinois, United States: American Bar Association. Harp, V.H. (2009) Modern Tort Law. 7th ed. Oxon: Routledge-Cavendish. Harvey, B., and Marston, J. (2009) Cases and Commentary on Tort. 6th ed. New York: Oxford University Press. Huang, Y. (2011) Recoverability of Pure Economic Loss Arising from Ship-source Oil Pollution. Berlin: Lit Verlag. Johnson, E. (2013) To Establish Justice for All: The Past and Future of Civil Legal Aid in the United States [3 volumes]: The Past and Future of Civil Legal Aid in the United States. California: ABC-CLIO. Kelly, D., Hammer, R., and Hendy, J. (2014) Business Law. 2nd ed. Oxon: Routledge. Latimer, P. (2012) Australian Business Law 2012. 31st ed. Sydney, NSW: CCH Australia Limited. Legal Information Institute. (2017) Precedent. [Online] Legal Information Institute. Available from: https://www.law.cornell.edu/wex/precedent [Accessed on: 03/04/17] McDermott Will Emery. (2007) Defending Against Class and Collective Employee Actions. [Online] McDermott Will Emery. Available from: https://files.mwe.com/info/news/wp0207a.pdf [Accessed on: 03/04/17]
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