Saturday, January 25, 2020

Impact of Agricultural Changes in Goa

Impact of Agricultural Changes in Goa INTRODUCTION Etymologically the term Agriculture is derived as follows – ‘Agri’ means field or soil and ‘culture’ means the care of or tilling. It includes all such human efforts as are conducive to the quick and better growth of vegetables and animal products for the benefit of man. In the last fifty years of liberation, the state has undergone and witnessed in the agriculture sector. At the time of liberation, nearly two third of the population was involved in agriculture as their primary occupation. Paddy was the predominant crop of the state followed by cashew and coconut. The situation now changing and today we have cashew nut which is cultivated in nearly 55,000 Ha with paddy 31,000 Ha. The cultivation of horticulture crops nowadays are gaining importance due to the good returns, lower risk and tolerance of these crop for part time farming are greatly influence. The state of Goa is providing assistance to agriculture at all levels to provide substantial returns to rural people.The Agriculture Department gives assistance for farmer from land preparation of the extent of marketing of the produce. The Department of Agriculture with is head quarter at Tonca, Panaji implements developmental programme through zonal agriculture offices located in each talukas level and training center at district level. Laboratories are set up at district level to test the soil where soil health cards are issued for major and micro Goa being a progressive state, the farmers face tremendous shortage of labor who could work on the fields . The dependence of machine for activities in agriculture is emerging trend. Goan farmers having small land holding and nearly 80% of farmers own less than 1 ha of land. The government preferred smaller machine to farmers and provides financial assistance for such machines. In the state of Goa agriculture is one of the most important economic activity. . Lies between the Arabian Sea and the Western Ghats, to feed its own people Goa faces problems . The coastal areas are exposed to salinity and not suitable for agriculture , while the inland areas are not productive enough. So for its day-to-day needs of agricultural produce like vegetables, Goa is dependent on Karnataka and Maharashtra for its day to day needs of agricultural produce like vegetables. However, approximately one-third of the total land in Goa falls under forest areas and yields substantial profits. The government, however, has done much to improve and develop agriculture in Goa to make it more productive, thus enabling the farmers to get a better return for their labor. Rice and fish being the staple diet of the people, paddy becomes the prominent crop in the scenario of agriculture in Goa. The important crops, besides paddy, are maize, ragi, bajra, jowar and pulses. Cash crops like mango aerecanut jackfruit, banana pineapple, cashew nut coconut, are also grown in abundance. Cashew is one of the most important crop in Goa. One kind of intoxicating drink called Feni is produced from cashew. Sugarcane cultivation has been recent phenomena and a sugar factory has also been set up in Goa. There are different variety of mangoes are grown in Goa. Some of the famous Mango varieties are mancurade, mussarade, fernandine, xavier, alfonsa, colaco. Kapo (hard) and Rasal (soft) are two varieties of jackfruit are grown here. The vegetables that are commonly part of the agriculture in Goa are ladys fingers, radish, brinjol, pumpkins, cucumber, drumsticks, breadfruit and different varieties of gourds. Sweet potatoes, chillies, onions are also available in Goa. Paddy being the principal crop of Goa, it is grown in two seasons, namely Kharif or sorod and the rabi or vaingan. The crops which are grown in monsoon are called the kharif crops and the winter crops are called rabi crops. The main sources of irrigation for winter crops are the nallahs, rivers and streams, tanks, wells and canals. Crops which are grown in the Kharif season consist of paddy, ragi (locally called nachani) and some pulses. Crops grown in the rabi season are comprised of paddy, pulses like horse-gram (kulith), black gram (udid), a variety of beans and some vegetables. However even though one fourth of the population is sustained by agriculture in Goa, it contributes to only 15 to 16 percent to the income of the state. Due to rapid urbanization the availability of agricultural land is reducing. In Goa, shifting cultivation is locally known as Kumeri and it is this form of agriculture that is largely responsible for producing Goas output of nachne, other millets and pulses. However, agriculturally trained farmers, scientists or foresters condemn kumeri cultivation as ecologically damaging and sustained effort have been made by the forest and Agriculture department to discontinue such cultivation. There are basically 5 stages in Kumeri cultivation. Felling an area of forests, fixing the dead vegetation, planting or sowing seeds without the plough, weeding; and eventually harvesting. Though virgin forests give higher yields, kumeri cultivation prefers a secondary forest for cultivation. This is because clearing primary forest is quite an dangerous task, requiring more manpower and demanding a larger drying period for the felled vegetation. In Goa, Kumeri cultivation became a problem for 2 reasons. First, during Portuguese regime, large chunk of hilly areas have been declared a s forests and later by the Goa government thus reducing drastically the Kumeri cycles of the tribals. Secondly forest Department cleared felled forest with in the non-protected areas and converted these to monoculture species of eucalyptus and teak, thereby affecting forest availability to Kumeri cultivation. The elimination of Kumeri cultivation has led to a drastic decline in the availability of millets like nachne which have remained the traditional diet of the economically unprivileged population in Goa. Goa being a small state in area, agricultural land is sometimes used for nonagricultural purposes. Large areas are used to build bus-stands, highways, buildings etc. Being situated in the coastal belt, the real estate industry in Goa has grown much higher during the last few years and the land prices are soaring high, thereby luring the farmers to keep their land fallow and then sell it off for a huge market price. It is also found that the increase in residential area has led t o increased dumping activities which may include mud and rubble. These activities lead to rain water clogging instead of it rushing into the sea. This factor too keeps the farmers from cultivating their lands and they prefer to keep it fallow as improving the drainage can be a very costly affair. Farming in Goa is mainly dependent on the arrival of monsoons. The quality and quantity of cropd by timely required rains . At times the farmers are helpless with the late arrival of monsoons which in turn leads to delayed sowing and thus low yield. At times there is a dry spell which also affects the growth of crops. All this calls for better irrigation facilities. The fact that tourism industry in Goa has flourished, has had its implications on agriculture too. The tourism industry gives more lucrative offers to the present day youth, thus providing them with regular employment. And this aspect leads to the next problem faced by farmers i.e. availability of labour and high labour cost. Wi th the younger generation not wanting to soil their hands in the land and looking out for white collar jobs and green pastures overseas, shortage of labour has led farmers to hire labour from other states. This in turn has increased the cost of farming. The neighbouring states of Goa like Maharashtra and Karnataka have abundant of 4 agricultural activity and thus the agricultural products are low priced. Thus importing these products works out much cheaper than cultivating them. LITERATURE REVIEW According Olekar Ramesh (2008) agriculture has been one of the important part of our economy. There are more than 60% of our people depend upon agriculture for their livelihood. It is a way of life, a tradition; agriculture will continue to be central to all the strategies for socio-economic development of the country. Rapid growth of agriculture will not only ensure continued food security but also aid in growth in industry and the GDP. To maintain growth in agriculture credit plays an important role. The amount of agriculture credit given by the bank to the farmers has increased from over the year. This has been an impressive development in banking credit sector, considering the fact that there are several problems like accessing credit for agriculturist and problem providing loan by the bank. Chand Ramesh et. al (2010) talks about agriculturalproduction and farm income in India involve several risks. One and only mechanism available to safeguard against production risks is crop insurance. For eg.the scheme called as NationalAgriculturalInsuranceScheme(NAIS) operating in the country and has suggested several modifications to make crop insurance more effective. But the coverage of this scheme in terms of crop area, number of farmers and value ofagriculturaloutput is very small.To make agriculture risk management more effective the present level of coverage have to be improved. Such an improvement has financial implication and will have an impact on current insurance practices.Therefore it requires renewed effort on the part of the government in terms of designing appropriate mechanism and providing support in terms of finance.,to agricultural insurance. Kumar and Sameer(2009) focuses on the implementation Kishan Credit Card (KCC)Schemein India.The Government of India consulted with the Reserve Bank of India, and National Bank forAgriculturaland Rural Development to establish KCC. Providing credit support to the farmers through banking system timely and adequately manner is the objective of thescheme. Advantages of thescheme include a full year credit requirement, simplified documentation, and availability of credit for 3 years. Sharma and E. Kumar (2008) reports regarding agriculture related concerns of different Bt cotton farmers those who are not eligible for any benefit under Indias Finance Minister P. Chidambarams Rs. 60,000-crore farm loan waiverscheme. The farmer name Gurram Adi Reddy, hold a view that the real issues behind there non elegibility for any benefit under waver scheme is lack of adequate water power, the timely availability of inputs and fair, remunerative and consistent prices for the produce. Rajkumar P K et. al (2009) talks about of onion and maize growers who have been under Market Intervention Scheme(MIS) in the state of Karnataka by selecting two districts of the state. Dharwad and Gadag. Due to several problems such as procedural complexities the scheme has been delayed payments and the requirement of meeting Fair Average Quality (FAQ) stipulations for the crops. It has also been found that if the procourement centres as farther it is more likely that farmer to go in the open market sale. The study suggest that simplification of procedure making timely payment and increasing the number of procurement centres to cover larger number of farmer under Market Intervenion Scheme This study talk about an important innovation in providing healthcare for the rural poor: the Yeshasvini Health InsuranceSchemefor rural farmers and peasants in Karnataka. This is one of the worlds largest health insuranceschemefor the rural poor, theschemestarted in 2003. So it is designed in a suc h a manner that overcome several obstacles to providing health security for rural populations. In the the second year, the scheme covered about 2.2 million widely dispersed peasant farmers for surgical and out patient care for a low annual premium of approximately US$ 2. According Jana and Sebak Kumar(2011) in India more than 50% are dependent on agriculture for their livelihood. Still Indian economy are agrarian economy.60% of the rainfed areas without any source of irrigation.And majority of these areas are covered by marginal farmers and rural poor. Due to lack of irrigation facilities small and marginal farmers are are at risk. There is need for sustainable and innovative forms of irrigation. For eg innovative experiment is happa experiment which is viewed as Integrated Natural Resource Management( INRM) emphasizing both water and soil management. According K. N. Rao(2002) inIndia nearly 2/3rd of the population depends onagriculturefor their livelihood andagricultureis highly depend upon nature, crop insurance has to play the role of a vital institution. Crop insurance alone cannot increase productivity or by providing finance both should increase same time .During the VIIth Five-year plan period, the Comprehensive Crop Insurance Scheme was introduce. Though the scheme has shortcomings, farmers received nearly 6 times the premium as claims, but only 5% of the total farming community were covered under this scheme. The National Agricultural InsuranceScheme(NAIS), which replaced CCIS w.e.f. 1999 is an improved version. Just like in other parts of the world the crop insurance programs in India is supported and financed by governments. According Jennifer(2009) In1985 crop insurance scheme is started offering by the government of India with the Comprehensive Crop InsuranceScheme.In the recent years NationalAgricultureInsuranceScheme replaced by comprehensive Crop Insurance Scheme. Though it is considered NAIS as an improvement over CCIS it is also flawed scheme just as the CCIS.It is found that Government crop insurance scheme have failed worldwide but India seems to have this reality. S.K. Mishra(2007) claims that rice, wheat, maize, millets and pulses are the major food crops of India where as major cash crops include Oilseeds, sugarcane, cotton, jute mesta, and potatoes. Minor cash crops include Tobacco, chillies, ginger, onion, turmeric, tapioca, sweat potatoes, etc. Plantationcrops includetea, coffee and rubber. 3/4th of the gross area under cultivation is cereals and pulses. This clearly shows that there is increaseinthe percentage area under thecashcropsis discernible. Less than 1% area is under Plantation crops. Among the foodcrops, wheat has highest growth rate followed by maize, rice and pulses. Millets having negative growth rate area. J K Sachdeva(2005) talks about cash crop like tea, coffee, spices, oilseeds, cotton and cashew . They are traditional export items, and India exports 50% cash crops of its total agricultural produce. These items are ready for consumption after some value addition. In industries these items are used as raw material in food. The commodities can be ranked highinhierarchy of demands after food items like wheat and rice. The consumer economic status plays a significant roleintheir demand. The paper analyses the exports of tea, coffee, spices, cotton, oilseeds and cashew byIndia, the growth in the exports after the coming of economic reforms, calculates the changes in export and discusses the relationship between exports, imports and production. According to Richa Kumar(2014) that farmers have limited information and many middlemen create problem in getting higher price for their produce . She gives the example of soybean farmersinMalwa, centralIndia, which is acashcropthat connects farmers to global consumers, this article argues that the very expectation of disintermediationinthe soybean supply chain is misleading.Indias positioninthese global networks puts farmers and intermediariesinMalwainthe position of price receivers: they are unable to influence the global price of soybean or manipulate its local priceinany way.Inthis context, providing price information has negligible impact on the final price obtained by farmers. To bring about potential changes there is a need to find out the waysinwhich power is exercised by various actorsinthe marketplace According Gulati, et . al (2002)Riceis the major food crop of almost 70% of the worlds poor who are stayinginAsia, where more than 90% of worldriceproduction and consumption takes place.Ricetrade liberalization therefore has tremendous implications for poverty. The worldricemarket of the world has been imbalanced partly due to intervention. Poor countries such as Thailand, Vietnam, andIndia not protecting à ¢Ãƒâ€šÃ¢â€š ¬Ãƒâ€šÃ‚ rice sectors, the rich countries of East Asia (Japan and Korea), Europe, and the United States heavily support theirriceproducers. This leads to great diversityindomesticriceprice levels, with very high pricesinthe latter countries and very low pricesinthe former. Trade liberalization would thus resultsinflows from these poorer Asian countries to East Asia and Europe. This will be positive effect on poverty, where price of producer will increase. It will also bring about second-round effects (wages, employment, and investment)inexporting countries. Parshuram Samal Rabinarayan Patra(2012) focuses on production lossesinricedue to natural calamities like drought, flood and cycloneinOdisha during period of(1965-66 to 2008-09) by using secondary data. It also tells the coping strategies adopted byfarmerson the basis of primary data collected from 100 affected samplefarmers. The result show heavy losses in riceproduction in calamity years. To earn additional income and smoothen consumption spending in the calamity years coping strategies used by farmers were Migration and shifting to wage workinthe construction sector. Given the impossibility of preventing the occurrence of natural calamities, it is possible to argue that a greater allocation of funds forriceresearch for developingricevarieties is useful to tackle various calamity situations and generation Sathishka k and P. A.Rego(2013) studied about Agriculture in Dakshina Kannada. This paper studies the major trends of agriculture sector in Dakshina Kannada District and also examines the crop diversification in Dakshina Kannada District. Dakshina Kannada is primary an agriculture district of karnataka state. More or less 60% of population of district depends on agriculture for their livelihood. Dakshina Kannada has replaced food grains with non food grains crops like rubber, areca nuts, cashew nuts. The writer concludes by saying that urban migration of agricultural labor and urbanization led to the diversification. According D. N. Patil (2010) It is now understood that the changes in the institutional credit is important factor to bring about development in the farm sector. This is particularly true in areas which could not participate in the process of development. There is an urgent need to increase the institutional credit in the agriculral credit. Therefore to reduce the regional imbalance, new bank branches should be open in rural areas. Narwade S. S. et.al (2009) studied about agricultural performance in the state of Orrisa during the pre and post reform period . in the pre reform period there was decline in both area and yield growth rates. The analysis reveals that in Orissa an yield per hectare of food grain crops have received severe setback during post reform period over the pre reform period. Output of the food grain crops and instability has also significantly increased during post reform. S. A. Sujatha (2010) studied the problems faced by farmers in the existing farming system. That all the categories of farmers facing scarcity of family labor due to involvements in non farm activities and fragmentation of land. Large number of farmers are dependent on rainfall, they are also faced with problems like lack of transportation and marketing facilities.

Friday, January 17, 2020

Negligence, Psychiatric Loss, Economical Loss & Occupiers Liability

In this leaflet I will describe the law of negligence and occupier’s liability, economic loss and psychiatric loss. Negligence is when somebody has a duty of care and that duty is breached. Negligence is split into 3 parts. Duty of Care In certain situations, a duty of care is owed to another person. For example, a surgeon owes a duty of care to whoever they operate on.The existence of a duty of care is established by the Neighbour Test which was brought in by Lord Aitken after the Donoghue v Stevenson case; In the Donoghue v Stevenson case, Ms Donoghue was bought a ginger beer by a friend, and drank it, unknown to her, there was a snail in that ginger beer. She wanted to claim for damages but she did not buy the ginger beer so she couldn’t. instead, she sued the manufacturer, rightfully claiming they owed her a duty of care. This is how the neighbor test was born. The neighbor test states; The rule that you are to love your neighbour becomes m law you must not injure y our neighbour; and the lawyer's question† Who is my ‘ neighbour? † receives a restricted reply. You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who then in law is my neighbour? The answer seems to be persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question. * Lord Aitken, 1932 (Donoghue vs. Stevenson) Reasonable foreseeability is when it is reasonable to assume that there will be injury/harm in a certain situation. This is best explained using Jolley vs. Sutton London Borough Council. In this case, a 14 year old boy was playing on a boat which had not been moved by the Council, the boat fell on the boy and he was paralyzed. It is obvious that the Council knew that by leaving a boat there and not moving on it, children would co me and play on/near it, and it would be reasonably foreseeable that there would be injury/harm or even a fatality.Not Reasonably Foreseeable is when the likelihood of injury/harm or damage is low and cannot be foreseen. An example of this is in Bourhill vs. Young 1943, this case is when a motorcyclist (Young) was going too fast and crashed into a car and consequently died. A pregnant woman (Bourhill) was around 50 yards away when the crash happened and she heard it, she came over to see what had happened and saw the blood running down the road and suffered from shock, causing her baby to be stillborn.Although the actions of Young consequently resulted in the stillborn, the Court decided that he didn’t owe her a duty of care as it was not reasonably foreseeable that a pregnant woman would be affected by negligent driving, but the motorcyclist did owe the car driver a duty of care (along with other road users). Breach of Duty A breach of duty is when you do not uphold your duty of care that you owe towards somebody and because of that an incident happens causing harm, loss or even death is some cases.A breach is established by the Reasonable Man test, which is a test which identifies whether you have taken actions which a reasonable man would not. Other things are taken into account such as the likelihood of injury, when the likely hood of injury is high then more caution is needed, this is best represented in Bolton vs Stone 1951 where a cricketer hit a ball 100 yards over a 17 foot high fence and hit the claimant who was standing in the road. A ball had only ever been struck outside the ground 6 times over a 30 year history of the club and nets had been put up around the ground.The House of Lords held the facts and decided that there was no substantial risk of injury. Risks of serious injury is another thing which should be taken into account, where there is a substantially higher risk of serious injury, more caution is required, for example, in a worki ng environment, employers should take more care towards employees who are; inexperienced, young, or disabled. This has been seen in Paris vs Stepney BC 1951 where a man who only had one eye lost his only remaining eye due to negligence of his employer. Social value of the defendants action is took into consideration in certain cases.If the purpose of the actions took by the defendant is of value to society, abnormal risk is justified. In Watt vs Hertfordshire 1954, a victim was trapped under a vehicle at the scene of a road accident, A heavy duty jack was needed to lift the vehicle but the vehicle used to transport it was unavailable. Whilst holding the jack on place on a vehicle unsuitable for the transportation, a fireman injured his back. The fireman sued his employers for negligence but failed in his actions because the social values of the defendants’ action were valuable as lives were at risk. Last of all, Cost of avoiding harm needs to be taken into account.The argumen t that a danger was too costly to eliminate is not a legitimate argument. However courts do recognise a balance between the risk and the cost of eliminating it. If the risk is remote and the precautions needed to be taken are very expensive, the defendants lack of action by not doing anything may be justified. The greater the risk is and the more likely it is, the consideration is given towards the cost of the eliminating measures which the defendants may have taken to safeguard. The decision in these circumstances relies on whether the courts decide that the defendants had acted reasonable in the given circumstances.This is displayed in Latimer v AEC 1953, where a factory was flooded and the floor became extremely slippery, the defendants mopped out the excess and put sawdust down. They did not quite have enough sawdust to cover the whole floor and the claimant slipped on an uncovered pat and broke his leg. The claimant argued that the factory should have been closed. Despite this, the court decided that the defendants had done everything they could have done that was reasonable in the circumstances, therefore the claimant failed in his actions. Damage/CausationIf it is found that a defendant owes a duty of care, and that duty of care they owe has been breached, they still need prove that the breach caused the damage/injury/loss. There must be a link between the breach of duty and the loss occurred. This is the rule of causation, which is split into 2 sections, causations in fact, and causation in law. To decide whether the defendants’ negligence caused the claimant’s loss/injury in fact, the test is normally the ‘but for’ test, for example â€Å"but for the existence of the defendants action, would the claimant have suffered a loss?If the answer is yes then the defendants’ actions is an actual cause of the loss/injury. This is demonstrated best in the case of Barnett v Chelsea & Kensington Hospital 1969. One morning, three night watchmen called into a hospital on their way home from work. They told the nurse that they had been vomiting violently after drinking tea. She contacted the duty doctor, and he told them to go see their own doctors. A few hours later on, one of the 3 men died. It was discovered that the tea had been spiked with arsenic and had caused the three men to vomit.The main point is that the death would have still occurred even if the doctor had admitted him into the hospital. So the doctors actions was not the cause of death as nothing could have been done to save the man as the arsenic had already been ingested. it cannot be said that ‘but for the doctor’s action the man would have died. ’ In cases where there are multiple causes which have contributed to the loss, applying the ‘but for’ test is very difficult to prove. For example, in McGhee vs National Coal Board 1973, the claimant worked in brick kilns, in hot and filthy conditions.Because there we re no washing facilities available, he had to cycle home in dirty clothes. When he contracted dermatitis, he sued his employers. The medical evidence could not prove that washing facilities would prevent his catching dermatitis. The House of Lords held that he was entitled to recover damages on the grounds that his employers had significantly increased the risk of the claimant contracting the disease. Once it is established that the defendant is liable in fact; it should then be decided whether it is recognised in law.This will be decided on one of the following elements: Remoteness of damage, the defendants act may have caused damage, but he will not be found liable if the damage caused is too remote. Therefore, if the damage caused is not of the; kind, type or class foreseeable, then the defendant will not be liable for damage. This is seen in ‘The Wagonmound 1961’. In this case, the defendants negligently allowed oil to spill from their ship into the Sydney harbour. The defendants did not realise that oil can burn on water. 00 yards away, the claimants were doing some welding repair on their wharf, they asked whether it would be safe to continue with their work and they was given the go ahead. Two days later, some molten metal fell into the oil and it set alight, destroying the claimants wharf. It was held at the fact that the defendants were not liable for the damage as a reasonable man could not have reasonably foreseen that the wharf would be damaged by the negligent act. Occupiers Liability Act 1957 is an act which states the duty of care which is owed by an occupier. Section 2 (1) of the act reads; â€Å"The common duty of care is defined in . 2(2) as: â€Å"a duty to take such care as in all circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which he is invited or permitted to be there†. This means that an occupier must take reasonable steps to ensure the safety of everyone who is using their premises for the purpose they have been invited or permitted to be there. Section 2 (3) (a) makes specific provisions for children, stating that a high degree of care must be displayed when child visitors are on the premises. An example of this is Glasgow Corp vs Taylor 1992.In this case a child died after eating some poisonous berries from a bush in a public park. The defendant was aware that the berries were poisonous but did not put up a fence or anything to stop the berrier from being picked. Section 2 (3 (b) makes specific provisions for professionals. This section allows occupiers to show a lower degree of care towards professionals who are on the premises regarding to risk/hazards related to their profession. In Roles v Nathan 1963, 2 chimney sweeps were killed by carbon monoxide poisoning when sealing up a flue in a persons chimney. D was not liable as the risk was related/connected with their profession.If the risk was not related t o their profession, for example if they fell through a rotting floorboard (Woolin vs British Celanese Ltd 1966), the outcome would have been very different. The act protects lawful visitors, which include: invitees, licensees, contractual visitors and statutory visitors. An occupier is anyone who is control of the premises. There is no requirement for the occupier to have any legal/equitable interest in the premises. Premises do not just include, land and buildings, but also includes any fixed or moveable structure, heavy vehicle, vessel or aircraft.Psychiatric loss ‘Nervous shock’ is a term used by lawyers to signify a medically recognised psychiatric illness/disorder. ‘Psychiatric damage' covers all appropriate types of mental illness, neurosis and personality change. It is distinguished from emotional grief/distress which individuals may suffer when someone is injured/killed, although separating the two is quite difficult. Claims for emotional distress/grief ar e invalid unless it leads to a positive psychiatric illness such as anxiety neurosis, reactive depression or a physical illness such as a heart attack.Three categories of Claimants (C) were established in White v Chief Constable of South Yorkshire 1999; * (a) C who suffers psychiatric illness as a result of having been physically injured by the D’s (defendants) negligence; * (b) C who are put in physical danger, but who in fact suffer only psychiatric illness – known as primary victims. * (c) C who suffer psychiatric illness as a result of witnessing death or injury of immediate victim with whom they have a close relationship of love and affection- known as secondary victims. Economic lossEconomic loss is financial loss to an individual which has resulted from death, injury, disability, damage to property or destruction caused by a third party. An economic loss represents money lost in wages or profits lost in regards to business. The old law for economic loss stated t hat there must be a CONTRACTUAL relationship between two parties for one to be held liable, the new law was amended to ensure that they just need a relationship somewhere down the lines for them to be held liable. If an individual relies on someones skill in doing something, then they are liable for economic loss if they do not uphold their duty of care.In Chaudhry v Prabhakar [1988], C asked the D, a friend, to find them a car, they brought back a car which was apparently roadworthy and had not been in any accidents, the car was later found to be unroadworty and had been in an accident. This is known as assumption of care, where a duty/responsibility is assumed between two individuals/organisations. In this task I have discovered the main aspects of negligence and what they entail, examples of what I have discovered include the reasonable man test, the neighbour test rule, assumption of responsibility, and finally the three categories of psychiatric loss.

Thursday, January 9, 2020

Politics has always been very interesting to me and it has...

Politics has always been very interesting to me and it has shaped the way that I think so I hope to run for public office one day. I hope to improve our educational system so that every student has a chance to go to college and be successful. I know how important an education can be and the doors that it can open for you. I know making minimum wage is not enough to feed a family and that is why it is so important to get a good education. I want to be able to advocate for the education of others through a career in politics and I have participated in various activities in order to prepare myself for that future. I have been dedicated to DECA and Robotics Club while also working hard to help my family financially. I have been preparing for a†¦show more content†¦Thanks to my job at chipotle I now know vast amount of people who encourage me to go to college. I have learned to talk to people and are completely comfortable approaching new people. I have develop a great sense of urgency for everything I do so deadlines are not really a problem , but chipotle has not been the only place that has helped me set my goals. While I interned with the Dallas Mayors Intern Program at South Side on Lamar, one of the most impressive loft building in Dallas, I had the chance to work with great people that went to college. I had the chance to work in a corporate environment and even collaborate with our parent developer Matthews Southwest. While there I learned how to run day to day office operations, interacted with Politian’s, and built relationships with many great people. Working close wit h Matthews Southwest also allowed me to see how the city of Dallas and Private Developmental Firms Interact. That knowledge helped me decide to pursue a major in Public Administration. My clubs, Job, Internship, and future opportunities have and will help me become ready to achieve my goals. I have knowledge about the corporate world that I will use to pursue internships in college and the people skills that I have acquired at my job will most definitely come in handy when pursuing my dream job. The clubs that I am part of all have helped me learn how to be aShow MoreRelatedPersonal Goals : Goals And Goals908 Words   |  4 Pagesus. The goals we set for ourselves are our guides. Goals can determine whether a person succeeds or fails (Hyatt). Goals give us a sense of direction, a sense of self worth and a sense of excitement (Locke Lathem 2002). In my classroom I ask students to create goals every year. I ask them for two academic goals and one personal goal. I enjoy doing this activity because it gives my students guidance and something to shoot for. I create goals in every aspect of my life. Some of my goals includeRead MoreThe Goal Of A Lifetime Goal906 Words   |  4 PagesLifetime Goals Establishing lifetime goals is inherently a challenging exercise, yet an essential one for any person to strive for prosperity in society. Goals are the very essence of what makes humans unique, we have the ability to visualize a yet unseen world, we have to ability to hope. Even though logic may tell us something is impossible, hope is the gift that gives us that spark in our mind, the spark that says â€Å"Even though there is a small chance, there is a chance nonetheless.† Hopes andRead MoreGoals1374 Words   |  6 PagesGoals Kimberly Jones October 14, 2013 Goals My objective to obtaining my professional and personal goals is to increase my knowledge through education and work experience and steps that I will need to take to obtain my goals. 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Strategic Planning Tools Strategic goals should link into their organizationRead MoreGoal and Long Term Goals1294 Words   |  6 PagesSHORT TERM AND LONG TERM GOALS Setting personal goals in my life are important to me because I want to strive for personal Excellence. I hope that as long as I live I will strive to excel and learn. Achievement of a short term goal leads to a long term goal and it never ends unless I will it to end. Since I’m passionate about learning and setting goals I believe I will continue to learn and achieve new goals. One goal I am working on now is learning how to write an excellent paper, in properRead MoreThe Goal Setting Goals And Goals918 Words   |  4 PagesSetting goals is an idea many people use to help accomplish tasks, and reach them in a certain amount of time. Implementing plans in an effective step in the right direction toward accomplishing a desired goal. Students, teachers, people in the work place; everyone sets goals whether we are aware of the goal setting or subconsciously setting goals. Goals can be long term or short term depending on how big the goal is. I, myself here at Marywood have set some goals. One long term and one short termRead MoreThe Goal2503 Words   |  11 Pages EIN6339 Operations Engineering ASSIGNMENT #1: The Goal and Theory of Constraints (TOC) Shahrouz Ebadian (Shahrouz.Ebadian@gmail.com) The Goal: Do you think that this is an operational methodology or a philosophy? Please explain. The Goal is a management-oriented novel that focuses on the concepts of systems management. The fictional novel focuses around Alex Rogo and the problems in his production plant. The plant is constantly behind schedule and unprofitable. Alex is givenRead MoreMy Goals : My Career Goals1375 Words   |  6 Pagesforever. My personal goals are to be married and have a child or children by the age of 30. Secondarily and far less pressing is to drive a full sized truck, and to comfortably afford it. My academic goals are very unclear. They directly correlate with my career goals which have not been set. But for the sake of this paper my academic goal is to first get my AA. And if I still have no set career goal, to move onto UCF to either study physical training or business. My career goals that I have set haveRead MoreMy Goals And Long Term Goals929 Words   |  4 Pageslong term goals I would like to accomplish. One of my short term goals is to finish and complete my Bachelor of Scien ce in Nursing through Indiana University. My second short term goal would be to become certified in emergency nursing. I plan to accomplish these goals in a time frame of one to two years. However, I also have some long term goals as well. One of my long term goals is to finish a master’s degree program. Secondly, I would like to become a nurse practitioner. These goals will take aroundRead MoreGoals Of A Goal Setting985 Words   |  4 PagesIn respect to a goal setting, this is another crucial characteristic that demands my accountability. This is potent and doable, however, difficult to engross. Apparently, I didn’t care how difficult it may be, all I wanted was the desired result, one that I can envision, planned and committed to achieving it. This was my personal wish, an end point, and an expected development. Realistically, I wasn’t sure how I can handle the situation, nevertheless, more appreciatively, from a friend who had