Tuesday, December 31, 2019

How the English Won the Boer War in South Africa Essay

How the English Won the Boer War in South Africa On October 11, 1899, the forces of the Boer republics, Orange Free State and South African Republic, responded to Great Britains dismissal of an ultimatum against the placement and reinforcing of British troops in South Africa by laying siege to cities in northern Cape Colony occupied by the then outnumbered British troops. The British were able to gain superiority and eventually win the Boer War by brute force, vastly superior numbers and the cessation of rights for those deemed the enemy and its collaborators. It would take three years and drastic changes in the gentlemanly art of war for Great Britain to achieve victory. Leading up to the end of the nineteenth century there†¦show more content†¦This action, the Boer leaders justly feared, was the build up of the military power necessary to conquer the Boer nations by force, and an ultimatum was issued on the 9th of October calling for the removal of all British troops from the republics borders within 48 hours or it wou ld be viewed as an act of war and dealt with accordingly. Ignoring the ultimatum, the British maintained their positions and at 17:00 on the 11th of October war was declared. The fighting for the next three years of the war was characterized by three distinct phases of battles and styles of warfare. In the first phase, from October of 1899 to February of 1900, there was obvious superiority in the Boer troops numbers and abilities. This was evident in the ease with which they corralled the British troops into the cities of Mafeking on the 13th of October, Kimberley on the 14th, and Ladysmith on the 1st of November. The Second phase, February to November of 1900 was marked by steady British advances into the Boer territories and the taking of all major cities including the capital, Pretoria. The third and final phase of the war, from November of 1900 until its end in May of 1902, was notable for the Boer tactical switch to small groups of men called commandos, and their guerilla style of warfare, and the British employment ofShow MoreRelatedApartheid : A System Of Racial Segregation1176 Words   |  5 Pagesracist political policy in South Africa demanding division of the country’s white and non-white populations for nearly 50 years. In 1652, a group of people from the Netherlands settled in South Africa. The Netherlands are also known as Holland, and the people who live there are Dutch. These settlers came to be known as Boers because Boer is the Dutch word for farmer. It was the domination and influence of the white South Africans over the Black South Africans. The white South African’s believed theRead MoreThe Effects of European Imperialism on South Africa Essay1847 Words   |  8 PagesThe county of South Africa is an economically flourishing country and probably the most advanced country on the continent of Africa. However the entire continent of Africa is probably the most undeveloped part of the world. Why is South Africa so differe nt from the rest of its continent? Karen Politis Virk explains that it is because of South Africa’s developed economy and diverse population (Virk 40). South Africa has three main ethnic groups: African, Afrikaners, and the mixed race. The AfrikanersRead MoreMohandas Gandhi Essay1105 Words   |  5 Pagesthat all through history the ways of truth and love have always won. There have been tyrants, and murderers, and for a time they can seem invincible, but in the end they always fall. Think of it--always.† (Manas). Gandhi was the most well-known spiritual and political leader during India’s independence movement. Born in India, Gandhi spent a large part of his life in South Africa. Taking part in civil-rights activities in South Africa, Gandhi returned to India where he took a major role in the oppositionRead MoreAfrican Colonialism And Its Effects On Africa1669 Words   |  7 Pagesinto, this happened to many places including Africa. Colonialism was a time when countries took control of another land, which they then governed through direct or indirect rule depending on the country. During this time, Africa was most sought after due to its resources and its uninhabited land. Due to this, all colonial powers scrambled to get their hands on a piece of Africa in order to expand their areas of rule. As a result of the scramble for Africa the Berlin Conference was held. At this conferenceRead More Historical Perspective of South Africa’s Culture4253 Words   |  18 PagesThe purpose of this paper is to provide an insight into the country of South Africa. Through history background and detailed explanation of cultural aspects of the country, it will try to explain why South Africa is called the â€Å"Rainbow Nation† and why Apartheid was important. National and business influences are intertwined with cultural values and are a good example of how South Africa today is divided between its native embedded and espoused values, and th ose values that were inherited from BritishRead MoreRacism And Its Effects On African Americans1490 Words   |  6 PagesThat is exactly how measly people look when they feel panic and differentiate against other people for the tint of their leather. unluckily, in spite of dialectics and reason, color bar remains ancient of origin and continual in to our present days. The word slavery has been connected with the African people since the Laying vessel of the European mayflower in 1620 at the eastern shores of the united states. Slave traders has kidnapped and buy millions of black people from Africa. The black AfricanRead More Apartheid in South Africa Essay1551 Words   |  7 Pageshatred for a minimum reason. -- Abraham Heschel The Apartheid. An experience that left thousands of Black South Africans without rights, property, and even lives. Although original in its name, the ideas were not original in itself. The ordeal dates back to 1652 when the early Dutch settlers moved into Black territory on a mission to change the order of civilization (Rotberg 18). Boers (Rotberg; 18) as the Dutch called themselves, took up an extreme fundamentalist Calvinist interpretation ofRead MoreWinston Churchill: A Brief Biography Essay1171 Words   |  5 Pagesinfluential people in British history. Churchill became one of the greatest wartime leaders by creating his first naval army in 1911 to help with WWI efforts, gave moving speeches to rally the British people during bombings in WWII, and eventually won WWII with the aid of his good friend president Franklin Roosevelt. Churchill’s greatness began from a childhood that is not typical of a great leader. His parents, Lord Randolph Churchill and an American Jennie Jerome, didn’t care a great deal aboutRead MoreHistory Essay: The Reforms of Napoleon Bonaparte2016 Words   |  8 Pageschain of events which embroiled the country in one of the greatest wars in European history. Most people know Napoleon as the instigator of a drive at the conquest of Europe (with probably the rest of the world in his sights afterward). The coup dÃÆ' ©tat that he was the leader of was successful in war, for a time, but it was also in building France. It is amazing the reforms Napoleon was able to begin in France while he was staging wars with all of the other major powers in Europe. When Napoleon cameRead MoreWinston Churchill Essay1338 Words   |  6 Pagesleadership. He is the man who assumes control. He is Winston Churchill. Winston Churchill is widely considered influential to all with whom he graced his presence with. His ability to lead the United Kingdom, enduring the perils of both World War II and the Cold War, go beyond his decorations in the military and literature. Sir Winston Churchill was born into affluence. He was born on the 21,000 acre estate of the Dukes of Marlborough (Churchill1.) The day was the last of November; the year 1874. Blenheim

Monday, December 23, 2019

How to effective use visual communication design in the...

How to effective use visual communication design in the film Visual communication is to take diverse information and designs it for both print and screen based media, also from print like newspapers magazines, books and tickets to the screen like web interfaces, film titles to right through to environmental applications. Therefore, it need designer to creative thinking and an eye for detail. As an integral part of the culture, visual communication design is an exciting and growing industry where vision and creativity are involved in . It helps the designer show their creative skills in the mass media, internet , film and television and so on . Vision effects plays an important role in the sense of motion in most of the movie†¦show more content†¦During the interview, the director Ang Lee stated that we contribute to a cinematic story, also, its visual arts not just the vision effects. Moreover, combine with the visualization with the internal feelings, and pressures. To the realization of the film, they need 70 or 80 shot and took a long time to work on it. Back to the point of the visual communication design of the movie. Due to visual communication design is relays on the creativity to develop art, video so that the appearance of the movie or the products is to perform the communication ideas. Therefore, it should considered with social and environment realistic. In the life of Pie, the team produced a realistic environment, the water and Richard Parker. They re computer-generated, however, it took a long time to do it. In the interview, Ang Lee shows that the most important part is the water, in order to make it real for the audience to watch, every single part took a long time to do it. Then is the tiger which is not real in the movie but showed realistic to the audience who watched this movie. The difficulties to make the tiger real in the movie is that Indian government is prohibited to abuse the animal. But in the movie, Ang Lee showed that by observing and step by step to make the tiger real. From the a udience perspective, every scene from this movie is amazing and it is hard to believe how to made it. Therefore, it is hard and took a long time to deliver this movie.Show MoreRelated Learning Styles: Recognition and Accommodation Essay1635 Words   |  7 Pageslearning styles are derived from the main sense used for sensory input. Commonly, the three most pertinent and all-encompassing learning styles are visual, auditory, and kinesthetic. If the learning styles can be properly identified and accommodated in both the face-to-face and online environments, the result will be greatly empowered people and more effective teams. Listening or speaking to facilitate the learning process characterizes the auditory learning style. It can be divided into two sub-categories:Read MoreEssay on Communications Theory2849 Words   |  12 PagesCommunications Theory Communications is that what binds the world. Even though it is easy to give a simple answer when asked what communications exactly is, it is difficult to explain it so that it is understood clearly. There is a lot you need to consider with it. There are different areas concerning communications and very diverse functions in this area. Through this research report we will have a glimpse in the world of communications and with it more knowledge and understanding aboutRead MoreHitler s Propaganda Meant For The Nazis And The Population Of Germany3246 Words   |  13 PagesThe central theme to this essay will be to answer the question â€Å"Discuss the roll that graphic design played in political/social change in a specific period†. This essay will look into what Hitler’s propaganda meant for the Nazis and the population of Germany. Propaganda is the dissemination of information to influence or control large groups of people. In totalitarian regimes like Nazi Germany, propaganda plays a significant role in consolidating power in the hands of the controlling party. 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Typography by definition is the arrangement and manipulationRead MoreRole of the Scenographer3028 Words   |  13 Pagesshould be paid to the overall scenic approach, the use of lighting, audio, visual effects, costumes, scene changes, and the overall interpretation of the narrative. A// This essay is going to act as a case study of live productions which I have personally seen, and drawing from other examples to be able to communicate the role of the scenographer and the product. It will highlight the outcomes of audio-visual effects, lighting, costume design, scene changes and the understanding of the storylineRead MoreTechnology Research : Museum s Mission1170 Words   |  5 Pageswith limitless possibilities for museums. A challenge occurs for museums to use the technology appropriately and in an effective manner that does not distract from the museum’s mission. 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Sunday, December 15, 2019

Invisible Man Free Essays

Ralph Ellison’s Invisible Man coveys the way African Americans behave when choosing between their natural self and what is expected of them as members of society. This conflict is a central throughout the novel. The white society desires the narrator to act in a certain way, sometimes against the wishes of the narrator’s conscience. We will write a custom essay sample on Invisible Man or any similar topic only for you Order Now Ellison dramatizes this struggle by various types of rhetorical devices such as repetition, parallelism and a racist setting and placing. During the beginning of the novel, the narrator is invited to participate in a Battle Royal. The narrator is ignorant of the rules and his part of the event until the white men controlling the event blind fold the narrator and place him in a ring with several other fighters. The white spectators want entertainment at the expense of humiliating black students. The white spectators expect the narrator and the other students act in a certain way: to fight each other blindfolded. The narrator does not want to do this since he is intended to give a speech afterwards. Later, the narrator and the other fighters are tricked into scrambling on an electrifying rug to grab fake gold coins, all to the sheer amusement of the white crowd. For their own enjoyment, the white spectators want the students to cooperate even though the students are in pain. Ellison dramatizes this situation by creating another similar event that uncannily parallels this one. Much later in the novel, the narrator joins a Communist organization called the Brotherhood blindly thinking it was a organization against racism. After a few months, the narrator is accused by a member for desiring self-gain. At the hearing, the narrator stands in the middle of the meeting hall while all the white committee members are smiling inwardly, enjoying the mental pain and torture they are inflicting on the poor ignorant narrator. The narrator endures the pain and acts in the way that the white men want him to in both situations: the Battle Royal and the hearing. He could have left the Battle Royal or left the Brotherhood, but he does neither. This latter episode parallels the Battle Royal; in both events, the white spectators enjoy the narrator in misery. Ellison dramatizes this struggle by using parallelism. After the battle royal, the narrator gives a speech to significant white men of the community. This speech is a version of Booker T. Washington’s Atlanta Exposition. During the speech, the narrator uses the phrase â€Å"social equality,† and this phrase startles some of the listeners. The men laugh and make the narrator correct this phrase with more acceptable words of â€Å"social responsibility. The narrator succumbs to the spectators’ demands and rephrases his words. Ellison dramatizes this certain situation by having the narrator repeat the phrase â€Å"social responsibility† several times. Even though the narrator is the person giving the speech, the audience makes him change his diction – as if they control him. The white spectators clearly expect the African American narrato r to act in a certain way, as to not offend any white man. Ellison dramatizes this struggle of the narrator deciding whether or not to submit to the crowd’s wishes by the repetition of his phrases. Ellison uses every aspect of his novel to emphasize his intentions. The novel takes place in early 20th century in a racist-filled Eastern United States. The racism is evident throughout the novel: in the south where the narrator enrolls to college or in New York City. White men and women influence the black-only college in which the narrator initially resides. Mr. Bledsoe, the president of the college is constantly controlled by white benefactors. Mr. Blesoe even mentions that â€Å"we [African Americans] must give them what they want. † Mr. Bledsoe is compelled to expel the narrator, even though he is innocent because of bad reputation the narrator might cause to the university. African American men are even required to sit at the rear of buses. After his expulsion, the narrator decides to take a bus to New York City. The narrator is forced to proceed to the rear of the bus to sit beside the mental veteran even though it is strictly against his wishes. The struggle in the narrator’s mind is evident, whether or not to adhere to the rules white people expect African Americans to adhere. Ellison carefully describes the details of this racist setting and there fore enhances the struggle. Ellison uses various rhetorical devices throughout his novel. His meticulous placement of repetition, parallelism, and racial setting dramatizes the struggle of the narrator and other African Americans to choose between the dictates of their conscience and what is expected of them from white society. However, the narrator does not realize until the end when he is in a pitch black manhole that he should choose with the dictates of his conscience instead of doing what is expected by the White society. How to cite Invisible Man, Papers Invisible Man Free Essays Invisible Man A Union of Modernism and Naturalism The novel Invisible Man, by Ralph Ellison, is one of the most significant representations of African American achievement in the arts to date. The story follows an unnamed young African American man’s journey through political and racial self-discovery as he tries to find an answer to his life defining question. The question is symbolically posed by the title of the Luis Armstrong song â€Å"What Did I Do to Be So Black and Blue†. We will write a custom essay sample on Invisible Man or any similar topic only for you Order Now Although most people would argue that Invisible Man is simply modernist, that is not the case. Invisible man is a piece of literature that embodies the themes and styles of many literary schools of thought woven together, the most dominant of them being Naturalism, and Modernism. Naturalism, like Modernism, was spawned from the idea of figuring things out for one’s self. In the naturalist works there is an emphasis on socio-economic brackets; a person’s height on the proverbial food chain of society. Naturalists are committed to documenting the surfaces of American life and to probing its concealed depths†¦ usually [focusing] on the desperate existence of characters† (Encyclopedia of American Literature) living in an urban slum trapped by: violence, the forces of heredity as they affect–and afflict–individual lives, and an indifferent deterministic universe. â€Å"Invisible Man† by Ralph Ellison reflects naturalistic tendencies by placing the main protagonist in violent scenarios to better reveal to the reader the socio-economic standing of the unnamed main character. In the beginning of the novel the main character describes a time when he was walking the solemn streets of his Harlem slum when he was insulted by a White man after mistakenly bumping into him. He immediately seized the man and asked for an apology and the blond face blue eyed man looked at him â€Å"insolently and cursed at [him]† (Ellison 4). So the narrator took that as an invitation for violent behavior, which it was, and pummeled the man within an inch of his life. In the book Ralph Ellison says that when the narrator saw the news report about the â€Å"mugging† he laughed and called the man a poor blind fool (Ellison 5), for he knew that neither he nor the men were ever going to escape the violence and that only he unlike the â€Å"sleepy ones†(Ellison 5) was aware of it. Another example of the narrator’s imprisonment under the lock of key of violence was after giving a beautifully written valedictorian speech he was invited to speak in front of a few distinguished white faced gentle to show his support of â€Å"Negro humility. But the mob of Caucasian aristocrats had other things planned—they were going to, by all means, let him give his speech; just after they were finished parading him around and forcing him to fight a group of other African American young men. An Additional example of the narrator being trapped in an existence plagued by violent episodes is when he brings his charge, Dr. Norton, to a veteranâ⠂¬â„¢s brothel to get some whiskey, instead of glasses of whiskey and neighborly salutations they are met with violence. Dr. Norton is mistaken for â€Å"John D. Rockefeller† (Ellison 81) and beaten unconscious by the insane bar patrons. Throughout the novel the narrator gives his life history by way of stories from his past, each ending in, as Harold Bloom said in his Bloom notes, betrayal and explosive violence . The main protagonist cannot escape the violence of his environment as it is with many naturalistic texts he is trapped by the violence. In naturalistic texts free will is not an option for the characters because they live in a deterministic society that says, in the case of the main protagonist of Ralph Ellison’s â€Å"Invisible Man†, you are invisible; you can never be visible because visibility is only achieved through having some social significance. The determinists in a society will do whatever they deem necessary to keep you where they feel you belong. This sad truth is symbolized through the statue in the university yard. The statue is one of a slave kneeling before the founder who is pulling a veil more firmly over the face of the slave. The deterministic society allows you to live just as long as you do not become aware or seek to reach your full potential; turning people, especially African Americans, into sleep walking robots stuck in a state of involuntary hibernation. Ellison [also] suggests through his writing that many people, in particular black men, have been forever altered by their disturbing experiences†(Harlem Renaissance). The forces of deterministic society and how they affect individual lives are vividly depicted throughout the novel. The forces of deterministic society and how they affect individuals’ lives is depicted in the story of Jim True-Blood, an uneducated African American sharecropper w ho attempts to stay and share a bed with his wife and daughter. But as time goes on he begins to participate in the most taboo of taboo behaviors, he begins to â€Å"lay† with oth his wife and daughter. Jim True-Blood impregnates his wife and daughter, but instead of being chained and shackled he is rewarded with food and tobacco. Society is essentially sending a message saying that it is alright to participate in primitive practices like incest when you’re an uneducated black sharecropper, firmly placing the veils over the eyes of all the sleep walkers who are trapped in the deterministic society like all the characters of Naturalistic texts. Shortly after Naturalism there was the rise of Modernism; Modernism is associated with the rise of capitalism and rational thinking. The Modernist movement can be summed up with the philosophical quote, â€Å"I think therefore I am,† meaning I will only believe what I see and what I can prove. In general, Modernism although being a rejection of it really reflects the legacy of Enlightenment thought with its emphasis on the capacity for an individual to act as an â€Å"autonomous being† (Taylor) and essentially questions the universal truth. Modernist styles of writing consist of: fragmentation where the story is not told in linear order and authority figures are usually not trustworthy. Invisible Man† is like a â€Å"jazz performance†(Bloom) in the way it is improvised and fragmented . One scene the story takes place in the narrator’s â€Å"hole† then the reader is taken to a southern plantation or the campus of a historically black university. In accordance with Modernist texts Invisible Man probes and questions the universal truths by depicting authority figures as untrus tworthy. One example of an untrustworthy authority figure is the narrator’s principal. The principal is traditionally a person who motives need not to question. But in the story principal in away punishes the narrator for being articulate and makes him â€Å"dance for his bananas† by forcing him to fight before being allowed to give his speech. The principal’s treachery didn’t stop there after the fight he along with his white colleagues thru money on an electrified carpet and told the unsuspecting participants of the â€Å"battle royal†(Ellison 15) including the narrator to pick up their compensation and laughed in satisfaction as they all screamed in pain and astonishment. Another example of an untrustworthy authority figure is Dr. Bledsoe the president of the university the narrator attends and a paternal figure. After the mishap between the narrator and his white charge, Dr. Norton the narrator is harshly reprimanded by Dr. Bledsoe and is sent to New York to find Work as he serves his semester long suspension. Dr. Bledsoe gives the narrator a sealed letter of introduction. The Narrator having the upmost trust in Dr. Bledsoe shows the letter to many Wall Street interviewers with little success. But little did the narrator know that the sealed letter was the problem. Within the letter Dr. Bledsoe hard stated the narrator had been expelled and was a threat to the school. Like all the Authority figures that he came to trust and look up to Dr. Bledsoe had betrayed the Narrator, a very modernistic theme. As stated before Invisible Man embraces both themes and styles of Modernism and Naturalism. The use of naturalistic styles helps the reader understand that the narrator truly is a product of his environment by depicting his imprisonment in a cycle of violence and his role in a deterministic as well as how it affected his individual life. But as the reader reads on the novels â€Å"burst the bond of naturalistic texts†(Bloom). As the novel evolves so does Ellison’s style begins to become very similar to that of modernist pioneers like Faulkner and Elliot. Ellison uses rapid flow consciousness, and a series of abstract nouns joined together by an overworked conjunction to (Bloom) as he said to reveal the truths of human complexity by probing the stereotypes that conceal theme Work cited Giles, James R. â€Å"naturalism. † In Anderson, George P. , Judith S. Baughman, Matthew J. Bruccoli, and Carl Rollyson, eds. Encyclopedia of American Literature, Revised Edition: Into the Modern: 1896–1945, Volume 3. New York: Facts On File, Inc. , 2008. Bloom’s Literary Reference Online. Facts On File, Inc. http://www. fofweb. com/activelink2. asp? ItemID=WE54=5= EAmL1255=True (accessed January 12, 2012). Taylor, Karen L. â€Å"modernism. † Facts On File Companion to the French Novel. New York: Facts On File, Inc. , 2007. Bloom’s Literary Reference Online. Facts On File, Inc. http://www. fofweb. com/activelink2. asp? ItemID=WE54SID=5iPin= CFN346SingleRecord=True (accessed January 12, 2012). Gaydosik, Victoria. â€Å"postmodernism. † Facts On File Companion to the British Novel: 20th Century, vol. 2. New York: Facts On File, Inc. , 2006. Bloom’s Literary Reference Online. Facts On File, Inc. http://www. fofweb. com/activelink2. asp? ItemID=WE54=5= GCBNII438=True (accessed January 12, 2012). Bloom, Harold, ed. â€Å"Invisible Man. † Invisible Man, Bloom’s Guides. New York: Chelsea House Publishing, 2008. Bloom’s Literary Reference Online. Facts On File, Inc. ttp://www. fofweb. com/activelink2. asp? ItemID=WE54=5= BGIM014=True (accessed January 12, 2012). Entzminger, Betina. â€Å"Invisible Man. † In Werlock, Abby H. P. , ed. The Facts On File Companion to the American Novel. New York: Facts On File, Inc. , 2006. Bloom’s Literary Reference Online. Facts On File, Inc. http://www. fofweb. com/activelink2. asp? ItemID=WE54SID=5iPin= CANov0470SingleRecord =True (accessed January 12, 2012). Eddy-Sanders, Shauna Lee. â€Å"Invisible Man. † In Samuels, Wilfred D. , ed. Encylopedia of African-American Literature. New York: Facts On File, Inc. , 2007. Bloom’s Literary Reference Online. Facts On File, Inc. http://www. fofweb. com/activelink2. asp? ItemID=WE54=5= EAFL200=True (accessed January 12, 2012). Ellison, Ralph. Invisible Man. New York, Toronto: Random House, Inc. , 1952. vii-581. Print. frye1970, micheal. â€Å"Naturalism v Modernism . † Dec 16, 2008, 09:09pm . Free Academic Writing Research Help, Online Posting to essayforum. com. Web. 29 Jan. 2012. . â€Å"Realism, Naturalism and Modernism. † The Harlem Renaissance. Edublogs, 25 march 2009. Web. 29 Jan. 2012. . How to cite Invisible Man, Essay examples

Friday, December 6, 2019

Common Law and the Statutory Law Provide the Provisions Relating

Question: How To the Common Law and the Statutory Law Provide the Provisions Relating? Answer: Introduction Tort denotes a wrong done by one individual, which causes other person some kind of harm and which attracts civil penalties. Negligence is one of the tort laws in Australia (Statsky, 2011). Negligence also denotes a civil wrong done, but which results from a violation of the duty, of caring the other person, for the work being done by the first person, due to the possibility of harm. It is crucial for the other person to be injured in a substantial manner to make a claim under negligence (Emanuel and Emanuel, 2008). Both the common law and the statutory law provide the provisions relating to negligence. The statutory laws differ on the basis of jurisdiction. For instance, in the State of New South Wales, causation, as an element is covered in the Civil Liability Act, 2002 (Legislation NSW, 2015). For Victoria, the elements of negligence, which have to be present to make a claim for it, are covered in section 18 of the Wrongs Act, 1958 (Legislation Victoria, 2010). Only after showing that all of the requisite elements, as per the common or the statutory law, as applicable, are present, can a claim of negligence be made and damages be applied for. The damages can also be reduced in cases of negligence, when the contributory negligence of the plaintiff can be clearly shown (Trindade, Cane and Lunney, 2007). The case of Keiths negligence and Ruths contributory negligence has been summarized below. Negligence When one person owes a duty or an obligation of care towards another person, due to the work being carried on by them, which has a possibility of resulting in other persons injury or loss, and this obligation is violated, it is a case of negligence (Greene, 2013). Negligence can only be claimed upon when six elements can successfully be shown to have been present. These six elements are duty of care, violation of obligation of care, causation, remoteness, foreseeability and lastly, damages (Lambiris and Griffin, 2016). Duty To start a case of negligence, one must show that a duty or an obligation of care was owed towards another. For establishing a duty of care, the threefold test given by the court in Caparo Industries plc v Dickman [1990] 2 AC 605 is often used. In this particular matter, the judges stated that there has to be a presence of three different aspects to show the presence of duty of care. The first requirement is to show that the parties had proximity between them. This has to be followed by establishing that the risk of harm was predictable in a reasonable manner. Lastly, the justness of the penalties imposed has to be established (Lunney and Oliphant, 2013). Another case which is often cited for establishing this element is Donoghue v Stevenson [1932] UKHL 100. D had consumed the product manufactured by S, while she was in a caf. As a result of the dead snail in the bottle, D fell sick and sued S. it was held by the court that due to the reasonable foreseeability of such loss and the proximity between the two parties, a duty of care was present (British and Irish Legal Information Institute, 2017). The given study requires Ruth to show that Keith owed a duty of care to her. To show this, firstly, the three fold test has to be used. In this case study, there was a reasonable foreseeability in loss arising due to using a material other than what was prescribed. The parties had proximity due to being the maker and the consumers. And if penalties are levied on Keith, they would be fair. The case of Donoghue v Stevenson is also helpful in this matter. By being the manufacturer, S owed a duty towards the consumer D. The relationship is similar here. Hence, Keith owed a duty of care towards Ruth. Breach After establishing duty of care, the contravention or the violation of the same has to be depicted. In Paris v Stepney Borough Council [1951] AC 367, the Council was held as negligent due to the lack on their part in making available the requisite safety goggles. This was held as the work undertaken by P was of such nature, which required protective gear and also because he already was blind in one eye, which was known to the Council. And holding this contravention of obligation of care on part of the defendant, P was awarded relief in form of damages (Martin and Lancer, 2013). Another helpful case in this regard is that of Vaughan v Menlove (1837) 132 ER 490. Here, the defendant had been not once, but numerous times been warned about the possibility of a fire occurring as the building in which the haystack was kept was improperly ventilated. The defendant chose to ignore the numerous warnings. So, when the haystack actually caught fire, the defendant was held to have breached his obligation of care owing to non-consideration of the numerous warnings (Commonwealth Legal Information Institute, 2017). In the given scenario, due to the negligence on part of Keith, in using the leftover material, instead of adequate material, showed a breach of duty of care and so, Ruth is eligible for damages as per Paris v Stepney Borough Council. Also, based on Vaughan v Menlove, Keith ignored the usage of adequate material, which would again be considered as a breach of obligation of care on his part. Foreseeability Another factor in making a case of negligence is that the loss has to be foreseeable in a reasonable manner. If a loss or risk of injury cannot be foreseen, a duty of care to not undertake such loss cannot be upheld. One of the cases where due to the absence of loss being foreseeable in nature, was the case of Bolton v. Stone [1951] AC 850, [1951] 1 All ER 1078 and here the losses were not awarded (Swarb, 2016). To understand what is foreseeable, a prudent persons view has to be taken, as was stated by the bench in the matter of Wyong Shire Council v. Shirt (1980) 146 CLR 4 (Jade, 2017). In this particular matter, Keith used leftover material even though the proper material had to be used. This causes reasonability in the loss, due to use of something which was not fit for the purpose. Hence, a reasonable person would uphold the foreseeability of loss of this particular case. Remoteness The remoteness of damages refers to the notion that the losses have to be of sizeable nature and if they are viewed as being too remote, a claim of negligence would not be upheld. As a result of the remoteness in the losses, in Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd [1961] UKPC 2, the damages were decline by the court of law (H2O, 2016). The damages incurred by Ruth, as per the scenario given in the case study shows that the damages were not too remote and were sizeable in nature. Ruth was in hospital for two months due to her dislocated knee as a result of her fall, and during this period, she was unemployed. So, the damages would be awarded to her, for the loss not being too remote. Causation The next requirement is to establish that there has been a direct causation between the contravention of the duty of care and the losses incurred by the other party (Turner, 2013). In Donoghue v Stevenson, for instance, the failure on part of S in keeping their bottles safe for consumption of his consumers resulted in D falling sick. Hence, there was a direct causation between the contravention of S and the sickness of D. section 5D of the Civil Liability Act 2002 (NSW), states that there is a requirement for factual causation to establish negligence (Legislation NSW, 2015). In this present case, the inadequate material, used by Keith, which was drenched in the rain and raised up, caused Ruth being injured gravely. So, the negligence of Keith was the direct cause for the injuries sustained by Keith. Hence, this requirement is also present in the given case study. Damages The breach or contravention of duty of care needs to result in the other party being injured or harmed, for damages to be claimed upon. The but for test given in Barnett v Chelsea Kensington Hospital [1969] 1 QB 428 proves handy for this purpose. If it can be established that the other person would have been injured, even in absence of negligence, then damages are not to be awarded to the injured party (Strong and Williams, 2011). The given study shows that if Keith had used the proper material, i.e., had he used hardwood instead of untreated chipboard, which was weaker than the proper material, the same would not have resulted in breakage of the same and Ruth would not have fallen down. Hence, based on this test, the injury would not have been present save for negligence of Keith. This means that Ruth has to be awarded damages due to Keiths negligence. Negligent Misstatement In this particular case, two claims can be made by Ruth, i.e., negligence and negligent misstatement. When a false statement is made, upon which the other person relies and which causes such other person getting injured, it is a case of negligent misstatement. Reliance is the most crucial aspect for making a case of negligent misstatement, without which a claim of the same would not be upheld as was held in Hedley Byrne Co Ltd v Heller Partners Ltd [1964] AC 465 by the judges (Latimer, 2012). Keith had made a false statement in the given advertisement, as per which he was a qualified carpenter. In reality, Keith did not possess the requisite qualifications to be held as a qualified carpenter. Ruth, relying upon this false statement made by Keith, undertook his services. So, based on Hedley Byrne Co Ltd v Heller Partners Ltd, a claim can be made by Ruth for the reliance over the negligent misstatement of Keith and can apply for damages. Remedies Any party, who can show the presence of the aforementioned factors can make a claim of negligence and get awarded remedies, for both economic and non economic losses (Latimer, 2012). The purpose of awarding damages, as was established in Addis v Gramophone [1909] AC 488, is to bring back the injured party, where they would be in absence of such contravention (E-Law Resources, 2017). In this instance, Ruth can claim damages for the two months she was in hospital, punitive damages to punish Keith and lastly damages for Keiths negligent misstatement. But she would not be successful in getting damages for 12 months period where she voluntarily chose not to work, as the same was not related to the negligence of Keith. Contributory Negligence The defendants, in cases of negligence, can get the awarded damages to be reduced, in a proportional manner, by showing to the satisfaction of the court that the plaintiff contributed towards the injuries sustained by him (Dongen, 2014). Froom v Butcher [1976] 1 QB 286 was a case where the damages were reduced by 100 as the plaintiff was not wearing seatbelt during the accident, which took place due to the negligence of the defendant (Swarb, 2017). In the present case study, Ruth was carrying so much stuff while she was descending from the stairs that her view was obstructed, as a result of which, she could not see the missing tread. Ultimately, she fell and got injured. Ruths contributory negligence, would allow Keith to get the damages reduced as per Froom v Butcher. Conclusion This analysis allows a conclusion to be drawn that Ruth can successfully sue Keith for his negligence and negligent misstatement and claim damages for loss of employment for two months and for her injuries, but she cannot make a claim for her voluntary giving up of job for 12 months period. Also, her damages would be brought down by the percentage as deemed fit by the court, owing to her contributory negligence. References British and Irish Legal Information Institute. (2017) Donoghue v Stevenson [1932] UKHL 100 (26 May 1932). [Online] British and Irish Legal Information Institute. Available from: https://www.bailii.org/uk/cases/UKHL/1932/100.html [Accessed on 22/05/17] Commonwealth Legal Information Institute. (2017) Vaughan v Menlove. [Online] Commonwealth Legal Information Institute. Available from: https://www.commonlii.org/uk/cases/EngR/1837/424.pdf [Accessed on: 22/05/17] Dongen, E.V. (2014) Contributory Negligence: A Historical and Comparative Study. 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