Saturday, December 28, 2019
Communication Theories And Concepts Of The Film Outsourced
When talking about communication, it is essential to understand what this term really means. There are many different definitions pertaining to this word, but none of them can be considered right or wrong. On the other hand, Samovar and Porter suggested one of the most basic and influential definitions: ââ¬Å"communication is the ability to share our ideas and feelingsâ⬠(Samovar and Porter, 1995, p. 27). Mr. Toddââ¬â¢s journey in the film Outsourced greatly reflects on a wide variety of communication theories and concepts, as well as my personal experience in the same country, India. When referring to communication, it is fundamental to grasp The Shannon and Weaver Model that was invented in 1947. This is basically an exemplary of a few stages in which the information source called sender, sends the information to its destination, the receiver. Information obviously does not get to the receiver magically; this is why this model was invented. It is a way to illustrate how a person shares beliefs and ideas, and how they reach their destination. For example, at the beginning of the movie Outsourced, the employee called Todd Anderson asks his boss named Dave: ââ¬Å"Is this gonna take a while?â⬠when he was called to privately speak inside his office (Jeffcoat, 2006, 1:26). In this case, the sender is Dave who sends the information through a place called channel, which then gets decoded before reaching its destination, Todd. On the other hand, it is also important to underline the fact thatShow MoreRelatedThe World Is Flat By Thomas L. Friedman Essay1938 Words à |à 8 Pageswill refine itself continuously and continue to grow to a point when the world economies become lateral that is a flat line. When he mentions the world is flat he means that we are all mutually economically dependent on each other and in more communication with each other today than we ever were in the past. While this may present as an opportunity for some, it may appear as thr eat to others. Friedman also reflects that the ââ¬Å"surprising, important, and paradoxicalâ⬠special effects flattening is havingRead MoreContemporary Issues in Management Accounting211377 Words à |à 846 Pagesreflect on the contributions which Michael Bromwich has made. He played an important role in the diffusion of modern practices of capital investment appraisal in the United Kingdom. He has been constantly open to the insights which advances in economic theory can provide into the accounting art, in many areas pushing at the frontiers of international knowledge in his own quiet way. In the area of costing, Michael has undoubtedly deepened our understandings of both conceptual and practical issues, in recentRead MoreAnalysis Into the Vertical Integration Across the Value Chain of Sony4619 Words à |à 19 Pageschain is depicted below: Thus a firm can be said to be vertically integrated if it owns and operates each of these stages of the value chain. The consumer electronics industry has many players who produce goods for purposes such as entertainment, communication and work. There are many determinants of success, including technical innovation, price competitiveness and brand awareness. The degree of integration in the value chain can influence success within the industry. Examples of firms who manage theRead MoreReed Supermarket Case32354 Words à |à 130 PagesAcknowledgements Publisherââ¬â¢s acknowledgements Abbreviations About the author xvi xxx xxxiv xxxvi xli xliv PART I THE DECISION WHETHER TO INTERNATIONALIZE 1 2 3 4 Global marketing in the ï ¬ rm Initiation of internationalization Internationalization theories Development of the ï ¬ rmââ¬â¢s international competitiveness Part I Case studies 3 5 49 71 103 146 PART II DECIDING WHICH MARKETS TO ENTER 5 6 7 8 Global marketing research The political and economic environment The sociocultural environmentRead MoreMethod of Teaching and Learning18614 Words à |à 75 Pagesaspects of your everyday work which can be used as evidence for CPD Learning outcomes After studying this paper, you will be able to: â⬠¢ Identify opportunities for teaching and enabling learning in everyday clinical practice â⬠¢ Apply some of the major theories of learning and teaching from Higher Education and healthcare contexts to your own teaching practice â⬠¢ Utilise a wider range of teaching methods with students and trainees â⬠¢ Develop a reflective approach to teaching and learning which you can utiliseRead MoreThe Core Competence of the Corporation8328 Words à |à 34 Pagestheir ability to restructure, declutter, and delayer their corporations. In the 1990s, theyââ¬â¢ll be judged on their ability to identify, cultivate, and exploit the core competencies that make growth possibleââ¬â indeed, theyââ¬â¢ll have to rethink the concept of the corporation itself. Consider the last ten years of GTE and NEC. In the early 1980s, GTE was well positioned to become a major player in the evolving information technology industry. It was active in telecommunications. Its operations spannedRead MoreResources Capabilities20336 Words à |à 82 Pagesmining Sandpaper Scotchtape Audio tape Floppy disks and data storage products Post-it notes PRODUCTS Acetate film Surgical tapes and dressings Housewares/kitchen products Pharmaceuticals Materials sciences Health sciences CAPABILITIES Microreplication New product development and introduction Flexible circuitry Abrasives Adhesives Thin-film technologies l 3M Corporation has expanded from sandpaper, into adhesive tapes, audiotapes and videotapes, road signs, medicalRead MoreStephen P. Robbins Timothy A. Judge (2011) Organizational Behaviour 15th Edition New Jersey: Prentice Hall393164 Words à |à 1573 PagesDiversity in Organizations 39 Attitudes and Job Satisfaction 69 Emotions and Moods 97 Personality and Values 131 Perception and Individual Decision Making 165 Motivation Concepts 201 Motivation: From Concepts to Applications 239 3 The Group 9 10 11 12 13 14 15 Foundations of Group Behavior 271 Understanding Work Teams 307 Communication 335 Leadership 367 Power and Politics 411 Conflict and Negotiation 445 Foundations of Organization Structure 479 v vi BRIEF CONTENTS 4 The OrganizationRead MoreCustomer Satisfaction on Marketing Mix of Lux Soap7469 Words à |à 30 Pageswomen with direct references to stars, such as Deanna Durbin. 60s: Romancing the brand: The 60ââ¬â¢s saw a shift in advertising to product stories and the romanticizing of brand through its ââ¬Å"sensorial amp; emotionalâ⬠dimensions. This was the era of ââ¬Ëthe film star feelingââ¬â¢ and the ââ¬ËGolden LUXââ¬â¢, featuring stars such asà Sandra Dee,à Diana Riggà andà Samantha Eggar. The bathing ritual, the ââ¬Ëfantasyââ¬â¢ element that has been the imagery of LUX was created in this era. The brand also moved forward with launching LUXRead MoreHrm Training and Development15736 Words à |à 63 Pages | |Job Experience |Classroom Learning | |Specific Tasks |General Concepts | |Narrow / Perspective |Broad Perspective | |Training refers to the process of imparting specific skills
Friday, December 20, 2019
Harmful Effects of Smoking - 1418 Words
Harmful effects of smoking Doan Thi Huong Thao BAIU08155 International University HCMC Academic English 2 Bien Thi Thanh Mai Instructor May 17, 2010 Abstract Smoking is known to be a primary cause of harmful effects on health, family, environment and society. However, scientist research in health and environment, that researches show that smoking cause many diseases, even lung cancer. An aim of my study has been to determine that smoking also effect on family and society. Results indicated that smoking was not only effect on environment, health but also effect on family, society. Introduction In 1868, the smoking advertisements first appeared and Bill Durham became first leading tobacco to advertise at a big scale. Sinceâ⬠¦show more contentâ⬠¦In particular, ââ¬Å"the reduced brain size that we saw in smokers babies could lead to impaired cognitive ability of the child (Smoking during pregnancy, 2003). A study by Drews, Murphy, Yeargin, Allsopp and Decoufle (1996) looked at mental retardation in children of mothers who smoked during pregnancy and concluded that smoking during pregnancy increases by 50 percent the likelihood that a child will have mental retardation. Maternal smoking during pregnancy is also a recognized risk factor for sudden infant death syndrome (SIDS). Teenage smoking has remained to be a serious problem ever since the 1970s. Until now, cigarettes are still recognized as the most dangerous substance being used by a great number of high school students on a daily basis. The impact of nicotine, the powerful drug contained in cigarett es, make for people addict and difficult to quit it. Therefore, adults should smoke as least as possible in front of teenagers because they are at an age when the curiosity level is the highest, and the desire to try something new can affect his/her life. Harmful effects of smoking on environment and society No one can deny the harm of smoking to the human body. The medical evidence for this is well established and overwhelming. Because of this, the law in the United States and many other countries requires including a warning on any smoking advertisement. Many millions of Americans, both children and adults, are still exposed to secondShow MoreRelatedThe Harmful Effects Of Smoking And Smoking1380 Words à |à 6 Pagestime they light a smoke. Some of the harmful effects of smoking include various potentially lethal diseases to the smoker and others exposed to secondhand smoke, the sinful addiction caused by a key ingredient in cigarettes, and social issues smoking causes for smokers and their loved ones. Smoking should be prohibited completely because of the harmful physical and social effects it has on smokers and the non-smokers they associate with. First of all, smoking creates a number of health problems forRead MoreHarmful Effects of Smoking806 Words à |à 4 PagesSmoking has become very common and fashionable, especially among young boys. This habit usually begins at school when boys try to experiment with every new thing that they can lay their hands on. Despite the warnings given by doctors about the ill-effects of smoking, people continue to smoke. Smokers are addicted to it, and even if they want to, they cannot refrain from picking up a cigar or cigarette and puffing away. Some youngsters smoke for the sake of society and some feel that would make themRead MoreHarmful Effects of Smoking2429 Words à |à 10 PagesHarmful Effects Of Smoking Smoking isnt good for ones body. Especially if youve been smoking a pack a day, and for a long period of time. But what is the full extent of the effects of smoking on your body? The effects of smoking varies from person to person as it will depend on the persons vulnerability to the chemical in cigarette or tobacco smoke. It will also depend on the number of cigarette sticks a person smokes per day, the age when the person first started to smoke, and the number ofRead MoreThe Harmful Effects Of Smoking Tobacco1547 Words à |à 7 Pages The Harmful Effects of Smoking Tobacco My purpose for writing this paper is to educate the reader of the harms and effects done onto a person from smoking Tobacco and persuade anyone thinking about or attempting to smoke Tobacco to consider the following for your own benefit. I will cover most harmful effects Tobacco has on not only the person using it but also the people around them. I will also show both sides of the argument with both the pros and the cons of smoking Tobacco as well as provideRead MoreThe Harmful Effects Of Smoking Cigarettes964 Words à |à 4 PagesTobacco is widely used by people around the world. Itââ¬â¢s so addicting that many people cannot prevent themselves from smoking. The reason is because of a toxin called nicotine. Nicotine can be found in all tobacco products. Prior to research, researchers have found that nicotine changes the way the brain works, also when a person smokes tobacco they not only consume nicotine, but also over 600 chemicals including tar, ammonia, acetone, lead, methano l, and more (What s In a Cigarette?). Many ofRead More Harmful Effects Of Smoking Essay1907 Words à |à 8 Pagespeople die because of lung cancer or other tobacco related illnesses. Everyone in the world comes in contact with smoke from a cigarette at least once in their lifetime, whether it is at a restaurant or at work. Millions of people are addicted to smoking, and thousands more become addicted every year. Cigarettes and other tobacco products are everywhere. Most of the addicted smokers started when they were young (Roberts 18). The reason why people get addicted to any type of tobacco product isRead MoreSmoking Life Away: The Harmful Effects of Smoking Cigarettes1403 Words à |à 6 PagesSmoking Life Away Smoke travels far. After the smoke is released, it diffuses and travels in the atmosphere reaching just about anything at a reasonable distance. When one smoker puffs out, it affects that person, somebody across from that person, and the clean air around that person. Ever wonder why warnings and disclaimers are always present with anything that concerns smoking? This is because it is dangerous, and it is harmful , and it should warn you about the lasting impact it leaves youRead MoreEssay on Harmful Effects Of Smoking Cigarettes1247 Words à |à 5 PagesHarmful Effects Of Smoking Cigarettes Mentioned Photos Not Included There are numerous effects of smoking Cigarettes that affect the individual. They can affect not only your health but also your social and family life. It can also affect the non-smoker around you. Non-smokers suffer from allergies, noise and eye irritations and headaches as a result of inhaling second hand smoke. Smoking while youre pregnant can result to the growth of the foetus and may even result in the death of the babyRead MoreShould Smoking Be Banned Harmful Effects On Individuals And The Economy1498 Words à |à 6 Pages Smoking- A Costly and Deadly Habit One of the most common problems today that are killing people all over the world is smoking. Stress, personal issues, and high blood pressure are many reasons why people start this horrible habit. One cigarette leads to another which then can lead to major addiction. When someone smokes a cigarette they are not only hurting themselves, but others around them. Smoking causes people to be exposed to hazardous fumes and chemicals in many places. The habit of smokingRead MoreSecondhand Smoke Essay807 Words à |à 4 PagesSecondhand smoke is just as harmful as smoking because it leads to a higher prevalence of cancer and heart disease, it affects childrenââ¬â¢s health, and harms nonsmokers since they are healthy. You ever thought if smoking was harmful to you or your friends? Is smoking really that good? Many years smoking has been proven to be harmful. Smoking takes control of your mind, body and physical appearance sometimes. Many smokers are starting to smoke now at a young age. Sm oking isnââ¬â¢t only harmful to you but all the
Thursday, December 12, 2019
The Value of Malcolm Gladwells The Tipping Point to a Marketing Practitioner free essay sample
This paper reviews the implications and importance of the social environment on organizations, markets and brands. This paper is an analysis of Malcolm Gladwells,`The Tipping Point- How Little Things Can Make A Big Difference.` It reviews the different theories posited in the book about how to market a product, the different factors that need to be considered when bringing a new product to market. Using examples from the book, the paper looks at what triggers were involved in turning around the images of Kentucky Fried Chicken and Hush Puppies. The paper suggests the ability to manipulate the tipping point was key to their successful turnaround. `Yet another thought is that if social trends start slow and then pick up in momentum to become a tidal wave, marketers can well prepare for an anticipated `tipping point` by laying the ground for it in advance. Suppose, for example, socio-cultural forecasts predict an overwhelming increase in teenage boys who think `violence is uncool` and that `true machismo lies in outwitting and outmaneuvering your opponent`. We will write a custom essay sample on The Value of Malcolm Gladwells The Tipping Point to a Marketing Practitioner or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page As a marketing manager of an entertainment brand such as a TV network, or video games, one could well prepare for such an eventuality by slowly and steadily bringing in at first, niche programming, that offers intelligentsia games and increasing the marketing weight behind such products as the trend favoring such type of entertainment increases. By doing so, it would be possible to be ready for `the tipping point.'
Wednesday, December 4, 2019
Electrix Pty Ltd Australian Consumer Law
Questions: Question 1 Mary buys an expensive food mixer for $4000 from Electrix Pty Ltd. The mixer worked perfectly well as a domestic appliance, but proved to be useless in the new Coffee and Cake outlet that the customer has recently opened. The customer argues that she paid a lot of money for the mixer and therefore it should be suitable for domestic and commercial use. The manager of Electrix says that his particular mixer is imported from Switzerland and that the customer pays for the name and superior quality and that the customer didnt specify that she wanted a commercial mixer. Advise Mary if she has an action against Electrix under the ACL. Question 2 Jakes Meats advertises, by way of a letterbox drop, that it has rump steak available for one week selling for only $2 per kilogram. The shop is filled with eager customers. Jake tells them that to purchase the rump steak at that price they need to buy at least 15 kilograms. Some customers are angry about this. Advise Jake Meats if it has breached the ACL. Hypothetical Question Lauren is the sole owner of 10 health beauty salons in Brisbane. Demand for health and beauty services has increased dramatically in the last few years and so profits have also increased significantly. As the business has surplus funds Lauren has decided to invest some of the profits. The following Monday Lauren visits Aaron, a financial planner and investment advisor at his office at Rags to Riches Investments Pty. Ltd (RRI) and discusses possible investment opportunities. Aaron has over 20 years of experience in the investment advice industry and has a very good professional reputation in Australia and China. Aaron receives a salary of $280,000 per year, plus superannuation and commissions. Aaron tells Lauren about a new casino in Perth named Marco Polo Casino Ltd. (MPC), which has just been listed on the Australian stock exchange. MPC has been offering special Stay and Play packages to the South East Asian gambling market. The Stay and Play packages have proved enormously popular. Aaron is so impressed with MPCs marketing success he tells Lauren that MPC is a great investment opportunity and that she should get in quick before the share price increases. Aaron even tells Lauren that he is about to sell some of his other shares to get in on the MPC boom. Aaron provides Lauren with a written prospectus of MPC, which sets out its future plans and profit expectations. As MPC is a new company Lauren asks Aaron whether she should perhaps diversify her investment over some more traditional and established shares. Aaron advises Lauren that more established company shares will be less likely to appreciate as quickly and that MPCs share price has already increased 30% since the original offering and that he expects the share price to double shortly after the launch of the Stay and Play package in China. Lauren follows Aarons investment advice and purchases $1,000,000 in MPC shares. Lauren purchases the shares through Aaron and RRI and does not seek any other financial advice. Unfortunately a few days later the media begins reporting news of the Asian Financial Meltdown crisis. As a result of the Asian Financial Meltdown crisis the Stay and Play package sales cease and the prospective sales in China do not eventuate. The MPC share price falls dramatically. A short time later MPC is declared insolvent and is subsequently wound up. Lauren has now lost all the money she invested in MPC. a. Advise Lauren whether she is entitled to claim damages from Aaron for her investment losses in an action in negligent misstatement, including any relevant defences. Answer: 1. The action undertaken by Mary against Electrix under the Australian Consumer Law is not tenable. A person is to be considered as a consumer under this act where he acquires goods or services of value less than $40,000 or acquires such goods or services to be used for personal, household or domestic use or acquires a commercial road transport vehicle for the transportation of goods on roads. In the given case if Mary intends to use the mixer for commercial use then she would not be considered as a consumer under the Australian Consumer Law. The conduct of Electrix Pty Ltd cannot be also considered as misleading or deceptive in any form as the expensive price of the mixer is not conclusive of the fact that it is used in both domestic and commercial use. Hence the action against the company Electrix Pty Ltd is not valid as per the provisions of the law just because of the reason that the appliance was expensive and was not usable for commercial purpose. (Desiatnik, 2013) 2. The Australian Consumer Law contains consumer protection provisions which does cover the following mentioned areas: (1) Section 18 - Misleading or deceptive conduct (2) Sections 20 22 - Unconscionable conduct (3) Section 29 - False Representation of specified goods and services A person should restrict from engaging in conduct of trade and commerce that turns out to be misleading or deceptive or that has possible likelihood to mislead or deceive. Often silence is considered as a misleading or deceptive conduct where due to the silence there is a failure on part of the person to be not be able to disclose or provide incomplete information. This is because of the reason that the Australian Consumer Act defines the conduct of doing something or the not doing of something. The very act of making false or misleading statement is not allowed as per the relevant provisions of the law. A person must not trade in regard to those goods and services which gives false representation regarding the standard, grade, quality, style, model or composition of the history or prior use of that particular good or service. (Steinwall Griggs, 2013) Hypothetical Question Issues: 1 Does Aaron owe Lauren a duty of care The issue is regarding Lauren a successful entrepreneur of health and beauty salons in Brisbane. Lauren has substantial profits from her business venture which she wishes to invest and has been looking for investment options. Lauren hence decides to take aid of an investment advisor and financial planner. Lauren finally took financial advice from Aaron regarding investment options and opportunities Application Damages suffered due to negligent advice had no remedial law other than those instances where the relationship was based on contract. A tort is defined as an act of omission or wrongful doing which generally gives rise to civil action in the court of law against the party who has been charged of committing a wrongful act. The tort of negligent misstatement has been defined as an incorrect statement made not intentionally. It is an advice made with honestly but somewhere carelessly by a party who is in possession of special skill or knowledge to the other party that does not possess such specific skill or knowledge. As per the law of Torts it is concerned with the compensation of the victim rather than focusing on punishing the wrongdoer. Issue 2: Has Aaron breached his duty of care to Lauren? Aaron is expertise in the financial advising industry since last 20 years. He possesses a good reputation in Australia and China in this particular professional field. Aaron advice Lauren to invest in Marco Polo Casino Ltd which is a newly listed company in the Australian Stock Exchange. Stay and Play packages introduced by the company have been widely popular and share prices have high probability to be appreciated in near future.. Application The convicted party must at the first place owe a legal duty of care to the other party in order to be held responsible and liable for the act of negligence. Duty of care is defined as a primary form of duty to undertake reasonable care during the performance of an act. Once it was ascertained that a duty of care existed between the parties, then there is a need to address the standard care which was being breached by the wrongdoer through observing the conduct towards the plaintiff. A reasonably appropriate standard of care can be defined which would be followed by a reasonable, ordinary and prudent person would tend to follow. Issue-3 Did P suffer harm as a result of Ds breach of duty? Aaron also provides the written prospectus of the company which outlines the future ventures and profit expectations. Lauren consulted regarding investing in other established blue chip companies with Aaron, but he advised to invest in MCP which made a 30% hike from its original issue price and has high probability to increase soon Application The Duty of caregenerally refers to the given circumstances and relationshipswhich the related law is responsible to recognize it in order to give rise to a legal duty of care. A failure on the part of the defendant can result in bearing the liability of damage payment to the plaintiff who suffered injury or loss on account of the breach ofduty of care. Therefore it is absolutely necessary for the plaintiff to establish the very fact that defendant owed them aduty of care.The existence of aduty of carebasically dependsonthe nature and type of lossand various other legal tests applied to different losses. Issue-4 Can the Defendant rely on any defenses? Lauren invested $1,000,000 in MCP without seeking any other financial advice. Unfortunately the Asian Financial Meltdown crisis occurred and share price of MCP fell drastically and the company finally became insolvent and Lauren lost all her money due to the debacle in the Asian Financial Meltdown. Now the issue is whether Lauren is entitled to claim damages from Aaron for the investment losses on account of negligent misstatement. Application The onus of proof therefore lies with the plaintiff to present that he owes a duty of care by the defendant. In order to prove that the plaintiff need to take into consideration the three state test. These three would aid in proving that the duty of care existed between the defendant and the plaintiff which are FORESEEABILITY TEST determine the question lies that whether it is reasonable to ascertain the foreseeable harm due to the wrongful act or omission of the alleged wrongdoer. PROXIMITY TEST determine was there any existence of physical, factual or circumstantial relationship between the parties. VULNERABILITY TEST determine whether it is possible in the given circumstance is it possible that the plaintiff was vulnerable to any form of harm due to the defendants conduct or subsequent course of action. In order to make a claim for damages due to negligent misstatement the basic elements of negligence requires to be proved which must be in existence during the tortuous act including the link of special relationship. The special relationship The meaning of the term special relationship has not been explained fully in Hedley byre and therefore it has become an area of judicial policy. It has been further suggested that that any professional or business has the potentiality to be in a special relationship. The related case law is Howard Marine and Dredging Co. LTD V Orden and sons ltd. It is not always possible in social relationships unless there exist circumstances to prove that advice was being genuinely sought. The related case law Chaudhry v Prabhaker 1988 Various cases does involve surveyors or valuers. The relationship between surveyors and purchasers of houses are not of contractual nature but it is might be of special nature. The related case law is of Yianni v Edwin Evans and sons 1982 The complex issue is regarding to whom the accountants owe a duty of care It has definitely influenced how the existence of such duty has been determined; Originally it was held to be no duty as any form of duty would be contractual. Related case law is Candler v crane Christmas and co 1951 Since in the case law of Hedley bynre the existence of the duty of care has been established. Related case law is JEB fasteners v marks bloom and co 1983 Bidders during take-over deals or lenders or investors cannot rely on the annual audited accounts as by the accountants. Therefore there is no duty for the accountants. Related case law is of Caparo v Dickman 1990. Issue-5 What damages can P claim?. Application It was so held in the case of Derry v Peek, there can be no remedial action against negligent statements other than an instance of fraud. In recent times there have been few amendments and it has been established with the help of certain case laws as mentioned below Hedley Byrne Co Ltd. v Heller Partners Ltd. the court upheld in this particular case that there exists a duty of care which is implied by law where there is a special relationship between the parties. The Special relationship indicates that there should be existing proximate relationship between the advisor and the client. Special relationship is determined of the following criteria Whether the plaintiff was relying on the skill and judgement of the respondent Reasonable for the plaintiff as per the existing circumstances to rely on the respondent Respondent must be aware of such reliance. It has to be an instance where the party acquiring the advice or information was on the basis of trust that a reasonable degree of care has been undertaken by the other person and the circumstance was favorable for him to do that. It also takes into account that the other person must be aware of the fact that the inquirer was relying on him regarding the advisory matters. Mutual Life Co Citizens Assurance Co. Ltd. v Evatt Shaddock Associates Pty Ltd. v Paramatta City Counci Conclusion In the case of Donoghue vs Stevenson, the House of Lords confirmed the negligence as a tort. As per the law of tort, a plaintiff is liable to take civil action against the respondent where due to the negligence of the respondent, plaintiff ahs to suffer injury or loss. Earlier there was the provision where the plaintiff had to initially prove the existence of contractual arrangement for a negligence to be proven. The case law established that the manufacturers have to bear the duty of care towards their consumers or end users of the product. The case law of Donoghue vs Stevenson produced the controversial neighbourhood principle. The test of neighbourhood is required to determine the law of duty of care which can be further broken downinto two distinct requirements: the reasonable foresight of damage or harm the proximity relationship To establish duty of care with respect to reasonable foresight, the related case laws are Topp v London Country Bus[1993] Home Office v Dorset Yacht Co Ltd[1970] To establish duty of care with respect to proximity, the related case law - Bourhill v Young[1943] Before the case law ofDonoghue v Stevenson,a claimant is required to establish a prior existing duty relationship in order to be successful.The neighborhood test taken in a wider sense can be quite broad allowing occurrence of liability in a wide range of situations. However the range is narrowed when it comes to the situation where the consumer is suing a manufacturer. The Duty of caregenerally refers to the given circumstances and relationshipswhich the related law is responsible to recognize it in order to give rise to a legal duty of care. A failure on the part of the defendant can result in bearing the liability of damage payment to the plaintiff who suffered injury or loss on account of the breach ofduty of care. Therefore it is absolutely necessary for the plaintiff to establish the very fact that defendant owed them aduty of care.The existence of aduty of carebasically dependsonthe nature and type of lossand various other legal tests applied to different losses. The convicted party must at the first place owe a legal duty of care to the other party in order to be held responsible and liable for the act of negligence. Duty of care is defined as a primary form of duty to undertake reasonable care during the performance of an act. In the given case Lauren consulted regarding investing in other established blue chip companies with Aaron, but he advised to invest in MCP which made a 30% hike from its original issue price and has high probability to increase soon. Lauren invested $1,000,000 in MCP without seeking any other financial advice. Unfortunately the Asian Financial Meltdown crisis occurred and share price of MCP fell drastically and the company finally became insolvent and Lauren lost all her money. As per section 22 of the Civil Liability Act, a professional is not considered to be guilty of professional does not breach a duty of care if the professional has acted in a way widely accepted by others in the profession provided the practice is not prohibited by law or irrational in any terms. As per the law of tort, a plaintiff is liable to take civil action against the respondent where due to the negligence of the respondent, plaintiff ahs to suffer injury or loss. It was so held in the case of Derry v Pe ek, there can be no remedial action against negligent statements other than an instance of fraud. In recent times there have been few amendments and it has been established with the help of certain case laws Hedley Byrne Co Ltd. v Heller Partners Ltd. being one such case law. The onus of proof therefore lies with the plaintiff to present that he owes a duty of care by the defendant. In order to prove that the plaintiff needs to take into consideration the three state test: foreseeability test, proximity test and vulnerability test. Proximity test is also to be seen and judged to determine negligent misstatement. Hence in the given case of Lauren and Aaron, it cannot be said that there existed a vivid special relationship between them and taking into account the three state tests of foresee ability, proximity and vulnerability to apply the Civil Liability Act. (Steinwall Griggs, 2013) Bibliography Desiatnik, R. (2013). Australian Journal of Competition and Consumer Law: Online. legal,tax and accounting australia , 1-1. Steinwall, R., Griggs, L. (2013). Competition and Consumer Law Journal. lexis nexis , 1-1.
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