Essay on Reflections on Night, by Elie Weisel - 836 Words

Night, by Elie Wiesel, is an autobiographical novel which tells the story of Eliezer, a Jewish teenager from the small Transylvanian village of Sighet. He is 15 when transported to Auschwitz, Buna, and finally Buchenwald with his father during World War II. Eliezer loses his faith, argues with God, and is sustained only by the need to care for his father. As well as the appalling memory of the Holocaust resurrected in this novel, Night bears with it the unforgettable implication that this atrocity must by no means be permitted to occur again. However, what if it is possible that these horrors could be carried out again in present day? Furthermore, have we really learned enough from this tragedy to be sure nothing like the Holocaust could†¦show more content†¦Also, by choosing remote sections of the country even the people of Germany were oblivious to what was happening. Plus, many Germans were for the Nazi party and were essentially fine with using the Jewish people as a sca pegoat to rid Germany of debt left from World War I. Another thing I thought about while reading the novel was, â€Å"What would I do if I was ever forced to leave my home and move to a concentration camp?† This is terrifying thought, and I honestly don’t know what I would do. Elie’s number one priority when he was in the concentration camp was not to get separated from his father. This, I believe, saved his life by giving him something to live for even after he lost his faith. After the prisoners have had their names, humanity, and in most cases your family taken away from you it would be very hard to find a reason to endure the harsh conditions of the death camps. This is true in the story for Elie’s relative, Stein of Antwerp. Elie continuously made up stories about how his wife and kids back in Antwerp were doing to keep his hopes up. â€Å"†¦Reizel and the children are still alive. If it wasn’t for them I couldn’t keep going.â₠¬  Unfortunately, one day Stein received the real news of his family and Elie and his father never saw him again which is to be inferred that he died. One final issue that made me think during the book was â€Å"Who is really responsible for these crimes against humanity?† Most will say that Adolf Hitler is responsible for theShow MoreRelatedElie Wiesel as a Survivor of the Holocaust2000 Words   |  8 Pagespoint of view, they can see the good side of human nature, especially if someone looks at it from Elie Wiesel’s perspective. Elie Wiesel and his family were Romanian Jews who were, unfortunately, swept into the Holocaust’s horrors. Elie managed to escape the Holocaust using tools of survival, including love for family and impassivity. He did not let being a victim of the Holocaust define him, so Elie moved on to become an inspirational figure that represented and spoke out for all of those who constantlyRead MoreThe Christian View Of God1647 Words   |  7 Pagesneed to justify the pain and prejudice evident in the human world, deeming it either neutral or good. Many of those who have experienced tremendous injustices also fail to reconcile the existence of God and evil. Elie Wiesel, a holocaust survivor, writes in his autobiographical work Night that I did not deny God s existence, but I doubted His absolute justice, (Wiesel, Ch. 3). It is an abuse of power to justify the suffering of others based on an end-goal without their consent or acknowledgment

My Life Past Present Future - 1669 Words

My Life past Present Future Throughout my life, I had many challenges I was raise by a single mother which has its challenges. At the age of 13 I was brought to New York City and I was forced to learn a new culture, language and customs. I was taught to be independent and work hard. Returning to college as an adult, with family and children, it’s a challenge but being able to complete my degree has being a long time goal. Being able to give my children and myself a better life it’s something I have to do. I. My Early years †¢ Being Raise By A Single Mother †¢ Values †¢ Responsibility II. My Childhood †¢ Moving to New York City III. Adulthood †¢ Children †¢ My job †¢ College As an Adult †¢ My Academic Goals †¢ Life After Graduating IV.†¦show more content†¦I putted all my effort in learning the language and learning the transportation system. After a couple of months in New York things started to get better, made new friends and I started to understand the language more. Twenty one year’s later I’m still in New York and loving it. Adulthood At age 25 I was informed that my chances of ever becoming pregnant was basically none. I have a history of different problems related to my reproduction system. I was devastated with the news, a lot of sleepless nights. I just couldn’t cope with the idea of not being able to conceive. I said to myself that I was going to exhausted out all the solutions to my problem. I actually ended up going to five different specialists. The last doctor I saw gave me a little bit of good news; I started a treatment that lasted two years. I also started doing home remedies suggested by my mother and grandmother. I did everything I was told or suggested by friends, family and coworkers. After years of trying and doing all the different things, I started researching of other ways of becoming a mother. I researched on surrogate and adopting, I was determine to make it happen one way or the other. At age 31, six years after everything started I was blessed and became pregnant with a baby b oy. A year later I became pregnant again with a baby girl. God helped and my determination andShow MoreRelatedMy Past, Present, and Future Life1136 Words   |  4 Pages Reflective essay: My past, present and future life Introduction When I was growing up, I remember my family situation as extremely chaotic. I was one of eight children and my father and mother had little time to devote to me individually. Most of the time they spent trying to earn enough to support us with their meager resources. I was often called upon to act as a surrogate mother to my siblings. I felt I had little time to develop my own unique perspective and voice when I was very youngRead MoreMy Life: Past, Present, and Future - Essay2792 Words   |  12 PagesMy Life, Past, Present, and Future Dale Kininmonth PSY 102 Scott Reed Nov. 14th 2011 My Life Page 1 My Life: Past, Present, and Future Stupid! No good for nothing! I hate you! These are the things that I heard on a daily basis growing up. There was never a dull moment in my house. Despite all of that, I have perseveredRead MoreMy Life Is Broken Down Into Three Main Parts Of The Past, Present, And Future852 Words   |  4 PagesThe human life can be broken down into three main parts: the past, the present, and the future. Each part is crucial to the life being discussed. Without a past there can be no future, and vice versa. For this reason it is important to reflect upon the past in an attempt to create the most beneficial present and future. The following is my way of reflecting upon my past and pondering what my present and future may hold. My past has been defined less by what I have done, and more by what others haveRead MoreA Reflection On Substance Abuse858 Words   |  4 Pagesto live in the present moment. Learning how to live in the present moment in not always an easy thing to do. I have got caught up in my past with things that I have done, people I have hurt, and the self-pity that goes along with living the life of an addict. I know many people that have never been able to leave this place in their life, and never able to live in the present moment. According to Corey, â€Å"power is in the present† (2013, p. 215). The ability to live in the present moment is a continualRead MoreA Persons Past and Memories Determine Who and What They Are895 Words   |  4 PagesThe past may dictate who we are, but we get to determine what we become (Stephen Spielberg). This quotation explains us that we are successful in our present only because of our efforts and hard work in the past. Past is a key to present. I believe that system of change defines what we are and it is because one moment is not the same as the next that we are capable to feel and experience. Every experience teaches us lessons for better life. Our past is packed with lessons for present andRead MoreWhat Does It Mean?908 Words   |  4 PagesLiving in the present What is living in the presentï ¼Å¸In the past, I could not understand this. However, through the things that I experiencedï ¼Å'I begin to understand a little bit of what living in the present is. It is to focus on the present and try the best to do what you are doing right now. Do not live in the past and also do not look forward to the future that is full of imagination. No one can predict what will happen in the next second. The only thing we can take control is the present. When happinessRead MoreZen Tradition Essay1027 Words   |  5 Pagesexistence of the present and future depends upon the past, then present and future should be in the past (Kasulis). An example from my life to help illustrate this point would be driving. The past is when I was 16 years old and I got my drivers license. The present is me currently driving and the future is that I will have a wreck. If the present (driving) and the future (my wreck) depends on the past (my obtaining my drivers license), t hen my being able to drive (present), and my having a wreckRead MoreI Am A Dark Cloud1542 Words   |  7 Pagesknow someone who relives their past every day? Are they always sad, depressed and/or angry? Or maybe just stressed and rethinking their whole life situation? Maybe something or someone has completely drained them or brain washed them and they can’t continue their lives in a positive way. A person may have a psychological problem where they may never get over a certain situation that happened in their life. Every person around the world has a totally different life story. Often times many people mayRead MoreI Shall Use Blackburn s `` Think ``1578 Words   |  7 PagesInitial answer: My initial answer to the question of whether or not we have free will is yes, we do indeed have free will. Philosophical Context: I shall use Blackburn’s â€Å"Think† to discuss my question and initial answer. In Think, Blackburn has a chapter dedicated to discussing the presence of free will and both arguments for and against its presence. Objection 1: In the beginning of chapter 4 of Think, Blackburn brings up the idea of determinism, or the idea that â€Å"every event is the upshot of previousRead MoreEssay on The Contrasting Tasks of Historians and Scientists1104 Words   |  5 PagesThe historian’s task is to understand the past; the human scientist, by contrast, is looking to change the future.† To what extent is this true in these areas of knowledge? Comprehending and gaining knowledge about the past can be seen as a universal human need and the revelation of history has developed uniquely in civilizations around the world, historians are known to do this task of studying, researching and expressing these facts and concepts to satisfy the global human need of understanding

Consitble Warren Essay Example For Students

Consitble Warren Essay Consitble Warren was the only Constable in town. He was friends with everyone. He use to just stop by and say hello. Constable Warren always made sureeverything was okay seein if theres anything I can do to prevent aflood. Rivers been rising all night. Pg. 983 Mrs. Gibbs: Mrs. Gibbs is a biggossiper. She always use to gossip after her husband left the room. She had ason named George. George is about to get married to Emily Webb. Mrs. Gibbs is avery protective mom. I declare Frank, I dont know how hell get along. Ive arranged his clothes and seen to it he has put warm things on Frank. Theyare too young. Emily wont think of such things. Hell catch his death ofcold for a week. Pg.983 984 Dr. Gibbs: The only doctor in GroversCorner is Dr. Gibbs. He is married and has two kids. Dr. Gibbs has made housecalls to everyone that is sick. He lives in a small town, and knows everyone. Good morning Howie. Do you think its going to rain again? Rebecca:Rebecca is Dr. Gibbs. doctor and is also his patient. She likes to save hermoney and wants to do something with her life. She lives in a small town. George is the moon shinning on South America, Canada and half the wholeworld. George: George was a big baseball player in a small town. Everyoneknew he was going to be something one day, but something occurred that may justhave changed his plans. Everyone in town was expecting him to go in to collegeand probably then to the pros. His girlfriend Emily saw a different future, onewhere she and George are together. George eventually talks to Emily and theirrelationship starts to get pretty serious. Laer, George decided that he wantedto be with Emily and that was way more important than baseball, and he was goingto give up baseball to be with Emily. Emily Gibbs: Emily Gibbs was a very smartgirl who seemed to have a very bright future. Shes going to have a future butshe wants to turn it all around for George. She thinks of him all the time. Sheif afraid that he is going to choose his baseball over her.

Business Accounting and Ethical Standards

Question: Describe about the Business Accounting and Ethical Standards. Answer: A) The duty of the auditor arises from the ASA 315 which in conjunction with ASA 570 on Going Concern wherein he has to see if there is an environment which leads to misstatement of records. He should accordingly recalibrate his assessment. With the new evidence, he should check if there exists a material uncertainty and therefore conjectures to the ability of the company to continue as a Going Concern. With the new evidence, the auditor will see the following that there is an immense doubt on the fact whether the company can continue as a Going Concern and therefore adequate disclosures are made pointing to such events which creates such conjectures on the company to continue as a Going Concern. Here, King Queen (K Q) auditor are auditors of Impulse since 2005. They should be aware that there are liquidity problems in the company. Hence applying ASA 570 and dictated by their duty in Sec 295 (4) of the Corporations Act, K Q auditor should have done additional audit procedures to check the viability of the Going Concern assumption. These could include points like valuation of inventory, receivable realisations. This will stamp the fact that if there is a risk of Going concern and whether such facts will be disclosed. Hence they have not done their duty as per audit standards and common law. As a result, there is a transgression of proper professional skill and standards In a case of Esanda Finance Corp Ltd vs. Peat Marwick Hungerfords[1], there is a landmark High Court ruling. This has thrown light and made it clear about their view on earlier judgements and revised their mistakes in the past judgements. They have now eliminated the liability of the auditor in a third party liability. In that they have tested the combined facts of Proximity, Reliance and Causation. The case is similar to this case study where Esanda had an economic deprivation when they sanctioned the loan to the company on the back of the auditors report analysis. It satisfied itself whether auditor to be held liable. The courts concluded that there was a mere reporting to the shareholders and not to the financiers. They did not have any clairvoyance that lenders would act based on this report. This is in spite of the fact that they were aware that report did not indicate a true and fair view of financial statements. Since they did not anticipate that the financier will be using th e report, K Q auditor should have made it clear that the report would be analysed and used verbatim by the lenders and hence a probability of loss could be there; It is stated that Esanda unreasonably depended on the audit report and did not perform diligence themselves to convince of the finances of the borrower The Court held that auditor has not breached duty of care and used the test of Proximity Causation in their conclusion. Depending on this case, K Q auditor were not aware that the report would have been used by EFL Finance for lending. The finance company lent to Impulse by relying on the report and did not conduct an independent diligence. Depending on the case of Proximity, Reliance and Causation, K Q auditor remained within their limits of duty of care and hence are not liable to EFL Finance b) If Esanda had ab initio mentioned to K Q auditor that they will use the report for deciding on lending to Impulse, it can be concluded that the test of Proximity and Reliance are maintained. Hence K Q auditor may exercise reasonable care keeping in mind that one of the intended audiences is EFL Finance who will rely on the audit procedures of K Q auditor. Hence they need to collect audit evidence and reach a conclusion in their audit report keeping in mind the reader. Even after such mention, if the procedures on inventory and debtors are not done by K Q auditor, then they have transgressed the precincts of care and their compliance with Proximity, Reliance has failed. As a result, the Causation factor or cause of economic loss has been triggered and accordingly K Q auditor will be liable to EFL Finance in this scenario 2A) This is defined by APES 110 Code of Ethics for Professional Accountants, Independence comprises of: Independence of Mind (Actual Independence) This expects a mental state which ensures that the auditor acts as an objective and independent person. His opinion will therefore be free from any vested interests and influences. Independence in Appearance (Perceived independence) Auditor to maintain his image and standard such that any third party will not raise any doubt on his independence and credentials to form an opinion. Independence of the mind or actual independence involves objectivity of the mental condition and mental state and his objectivity to react to specific situations. An auditor who is truly independent has the ability to make non vested decisions in spite of the prejudices. However, since the state of mind where he is perceived to have colluded with the company and compromised his principles is highly volatile, it cannot be objectively benchmarked with respect to time and environment. Therefore, the test of Independence in Appearance or Perceived Independence needs to e upheld wherein he shows the same consistency in behaviour to a knowledgeable person and his client equally. Perceived independence can be measured based on how close the audit member is to the client and he gets any pecuniary benefits for the same. This could also include a dependency test on his economic drive with one client measured to his total revenue. Perceived independence accentuates the credibility of the report and opinion expressed by the auditor and therefore his opinion is worth the salt. 2 B) b) Independent Situations (i) Bob Principle of Confidentiality is a key point of APES 110 Code of Ethics for Professional Accountants wherein information extracted in a professional engagement is not to be disclosed to any third party without specific authority nor use it for personal benefits provided there is no legal and official reason to reveal. In the instant situation, Bob copied confidential information which was used for his personal benefit of finishing his university assignments though it did not contain the Club Casino name. Even if you remove the name of the client in the assignment, it does not remove the fact that confidentiality was predominantly breached. This being used for vested interest and not professional interest, there is no possibility of cover up with any alternate action. (ii) Wendy Wendy is a partner in an audit firm. She has been assigned post of Company Secretary (CS) position in the same company who is her audit client. This triggers Clause 290.142 of APES 110 Code of Ethics for Professional Accountants. Assignment of such staff is pointing to a self review threat which could have been absolved if it was for only a temporary period. But that not is the case, wherein Wendy has been given the post on a permanent basis. Her position is close to the company triggering self-review and advocacy threats. Hence there is no way the threat can be brought to acceptable level. Per AUST290.148.1, a Company Secretary is an Officer under the Corporations Act. Wendy cannot act as a temporary partner in the client. The only way is to resign from the audit engagement. (iii) Leo- Leo is a close member of the audit group and his elative prepares the financials and statements in the firm. The opinion to be expressed on such cash flows has a conflict for Leo. The threat therefore can be minimised to Acceptable level if Leo is replaced and he is restricted from working on such assignments where his relative has an influence in making the base documents to be audited. Per APES 110 Code of Ethics for Professional Accountants, it is recommended that Leo to be removed from the audit since his father has a more than significant influence (iv) Chan Associates If Chan holds stake, such stake will not create an independence threat if the business relationship is insignificant to Chan, his audit form and the company where he holds stake. Such stake should also not create an ability to control the company and it is immaterial to him. But here Chan has 25% equity in the entity which is high and can create two threats namely self interest/intimidation. Per APES 110 Code of Ethics for Professional Accountants, Chan has to relinquish his stake and resign from his audit engagement responsibility of Classic Reproductions. References Accounting Professional Ethical Standards Board, (2008).APES 110 Code of Ethics for Professional Accountants. Australia. Auasb.gov.au. (2016).Australian Auditing Standards. [online] Available at: https://www.auasb.gov.au [Accessed 12 Dec. 2016]. Auditing and Assurance Standards Board, (2013).Auditing Standard ASA 570 Going Concern. Austlii.edu.au. (2016).ASA 570 - Going Concern - April 2006. [online] Available at: https://www.austlii.edu.au/ [Accessed 12 Dec. 2016]. Cpaaustralia.com.au. (2016).Accounting professional and ethical standards. [online] Available at: https://www.cpaaustralia.com.au [Accessed 12 Dec. 2016]. Nguyen, V. and Rajapakse, P. (2008). An Analysis of the Auditors' Liability to Third Parties in Australia.Common Law World Review

Origins Of Human Sexuality Essays - Sexual Selection, Sexuality

Origins of Human Sexuality Soc. 471 The Origins of Human Sexuality Daly & Wilson Theory: In their book Homicide, Martin Daly and Margo Wilson put forth a theory that challenges human societies common notion of human sexuality. They do this in an attempt to bring about a better understanding of homicide and male aggressiveness. According to Daly and Wilson, males instigate the overwhelming majority of dangerous altercations and they contend that this is due to status competition. Status competition is the idea that males must aggressively compete for sexual access to females in order to pass on their genes. Daily and Wilson cite the work of Charles Darwin, who in 1859 published a famous work on the theory of natural selection. The concepts presented in his book were later elaborated in his second work, which dealt with the concept of sexual selection. Sexual selection according to Darwins theory, was based on the observation that not all evolutionary adaptations serve a survival function; that in many cases, a trait might be penalized by natural selection and yet win out by sexual selection. Darwin argued that surviving and living a long life did not ensure reproductive success and therefore an animals goal of longevity is secondary to its goal of passing on its genes through procreation. These ideas form the foundation for Martin Daly and Margo Wilsons theory. Daly and Wilson also refer to the research done by a British geneticist named A.J. Bateman to strengthen their arguments for the idea of status competition. Batemans research focused on lab experiments done on Drosophila or fruit flies. The experiments consisted of taking fruit flies with distinct genetic markers and placing them in jars. It was made sure that each jar contained an equal number of males and females. The jars were then put under observation. Bateman noticed that there was a difference when he compared the reproductive success of the females to the success of the males. According to Batemans research a female fruit fly could expect to have about 60 to 80 offspring regardless of the number of male fruit flies she copulated with. However the reproductive success of a male fruit fly depended on the number of females it had mated with. Those who copulated with one female produced about 40 young, those who copulated with two produced about 80, and so forth. Bateman also not es the difference each sex of fruit fly could expect to produce-females could expect to have about the same amount of offspring, whereas some males had a great number of offspring (far above average) while others failed to produce at all. In general males had a much wider range of potential offspring and therefore the males had potential for great success or complete failure. These finding prompted Bateman to conclude selection would produce tactics of male mating competition, as well as an undiscriminatory eagerness in the males and a discriminatory passivity in the females. Daly and Wilson claim that the conclusions made by Batman on fruit flies reproductive condition also hold true for Homo sapiens. According to Daly and Wilson, human females have a lower maximum number of offspring they can produce when compared to males. Females also have a much smaller range of mating outcomes when compared to males. Daly and Wilson cite the work of Robert Trivers to corroborate this idea. According to Trivers, the key to understanding the difference between male and female fruit flies, as well as humans, is by determining the amount of parental investment given by either sex. According to the their theory females make the largest parental investment and consequently can not expect to increase her chances of passing on her genes by mating indiscreetly. Women typically must invest time in pregnancy as well as feeding the child (Female fruit flies investment comes in the form of producing eggs). Whereas a male increases his chances of passing on his genes with each fe male he mates with, due to his relatively small parental investment. Because male success is determined by the amount of access he has to females, males must compete for access to females much more than females must compete for access to males. This competition, according to the theory, makes the winners win bigger, and the losersmore

Torts Case of Remoteness Essays

Torts Case of Remoteness Essays Torts Case of Remoteness Paper Torts Case of Remoteness Paper the owners of Sheerlegs Wharf, were carrying out oxy-acetylene welding and cutting. This work was apt to cause pieces or drops of hot metal to fly off and fall in the sea. So when their manager arrived on the morning of 30th October and saw the thick scum of oil round the Wharf he was apprehensive of fire danger and he stopped the work while he took advice. He consulted the manager of Caltex Wharf and after some further consultation he was assured that he was safe to proceed: so he did so, and the repair work was carried on normally until the fire broke out on 1st November. Oil of this character with a flash point of 170op. is extremely difficult to ignite in the open. But we now know that that is not impossible. There is no certainty about how this oil was set alight, but the most probable explanation, accepted by Walsh J. , is that there was floating in the oil-covered water some object supporting a piece of inflammable material, and that a hot piece of metal fell on it when it burned for a sufficient time to ignite the surrounding oil. The findings of the learned trial judge [i. e. in this case – Wagon Mound No 2] are as follows:- (l) Reasonable people in the position of the officers of the Wagon Mound would regard furnace oil as very difficult to ignite upon water. 2) Their personal experience would probably have been that this had very rarely happened. (3) If they had given attention to the risk of fire from the spillage, they would have regarded it as a possibility, but one which could become an actuality only in very exceptional circumstances. (4) They would have considered the chances of the required exceptional circumstances happening whilst the oil remained spread on the har bour waters, as being remote. (5) I find that the occurrence of damage to the plaintiffs property as a result of the spillage, was not reasonably foreseeable by those for whose acts the defendant would be responsible. 6) I find that the spillage of oil was brought about by the careless conduct of persons for whose acts the defendant would be responsible. (7) I find that the spillage of oil was a cause of damage to the property of each of the plaintiffs. (8) Having regard to those findings, and because of finding (5), I hold that the claim of each of the plaintiffs, framed in negligence, fails. †¦. Of the large number of cases cited in argument †¦based purely on negligence, †¦[t]heir Lordships do not intend to examine these cases in detail. It has now been established by the Wagon Mound No. 1 and by Hughes v. Lord Advocate [1963] A. C. 837 that in such cases damages can only be recovered if the injury complained of was not only caused by the alleged negligence but was also an injury of a class or character foreseeable as a possible result of it. †¦In their Lordships judgment the cases point strongly to there being no difference as to the measure of damages between nuisance and negligence but they are not conclusive. So it is desirable to consider the question of principle. NOTE from CS: The reason for this comparison is that the case was also argued in nuisance and the trial judge found there to be liability in nuisance on the basis that nuisance requires only the natural/direct consequence test whereas Wagon Mound No 1 had changed the law of negligence to require the reasonable foreseeability test. So the House of Lords in Wagon Mound No 2 were looking at both the application of the reasonable foreseeability test for negligence to the negligence claim in Wagon Mound 2 and at whether that same test should be the test for remoteness of damage in nuisance. We are not concerned with the nuisance law aspects, but only with the reasoning that discusses what reasonable foreseeability means in general and in particular in the negligence context. ] †¦Comparing nuisance with negligence the main argument for the respondent was that in negligence foreseeability is an essential element in determining liability and therefore it is logical that foreseeability should also be an essential element in determining the amount of damages: but negligence is not an essential element in determining liability for nuisance and therefore it is illogical to bring in foreseeability when determining the amount of damages. It is quite true that negligence is not an essential element in nuisance. Nuisance is a term used to cover a wide variety of tortious acts or omissions and in many negligence in the narrow sense is not essential. An occupier may incur liability for the emission of noxious fumes or noise although he has used the utmost care in building and using his premises. The amount of fumes or noise which he can lawfully emit is a question of degree and he or his advisers may have miscalculated what can be justified. Or he ay deliberately obstruct the highway adjoining his premises to a greater degree than is permissible hoping that no one will object. On the other hand the emission of fumes or noise or the obstruction of the adjoining highway may often be the result of pure negligence on his part: there are many cases (e. g. , Dollman v. Hillman [1941] 1. All E. R. 355) where precisely the same facts will establish liability both in nuisance and in negligence. And although negligence may not be necessary, fault of some kind is almost always necessary and fault generally involves foreseeability, e. . , in cases like Sedleigh-Denfield v. OCallaghan [1940] A. C. 880 the fault is in failing to abate a nuisance of the existence of which the defender is or ought to be aware as likely to cause damage to his neighbour. †¦ [Note from CS: in this paragraph, the Lords find that reasonable foreseeability is also the remoteness test in nuisance. It is retained in this edit so that you can follow the flow of the case, but, again, you are not responsible for nuisance law for the exam problem. It could not be right to discriminate between different cases of nuisance so as to make foreseeability a necessary element in determining damages in those cases where it is a necessary element in determining liability, but not in others. So the choice is between it being a necessary element in all cases of nuisance or in none. In their Lordships judgment the similarities between nuisance and ot her forms of tort to which the Wagon Mound No. 1 applies far outweigh any differences, and they must therefore hold that the judgment appealed from is wrong on this branch of the case. It is not sufficient that the injury suffered by the respondents vessels was the direct result of the nuisance if that injury was in the relevant sense unforeseeable. It is now necessary to turn to the respondents submission that the trial Judge was wrong in holding that damage from fire was not reasonably foreseeable. In Wagon Mound No. 1 the finding on which the Board proceeded was that of the trial Judge: the defendant did not know and could not reasonably be expected to have known that [the oil] was capable of being set afire when spread on water. In the present case the evidence led was substantially different from the evidence led in Wagon Mound No. 1 and the findings of Walsh J. are significantly different. That is not due to there having been any failure by the plaintiffs in Wagon Mound No. 1 in preparing and presenting their case. The plaintiffs there were no doubt embarrassed by a difficulty which does not affect the present plaintiffs. The outbreak of the fire was consequent on the act of the manager of the plaintiffs in Wagon Mound No. 1 in resuming oxy-acetylene welding and cutting while the wharf was surrounded by this oil. So if the plaintiffs in the former case had set out to prove that it was foreseeable by the engineers of the Wagon Mound that this oil could be set alight, they might have had difficulty in parrying the reply that this must also have been foreseeable by their manager. Then there would have been contributory negligence and at that time contributory negligence was a complete defence in New South Wales. The crucial finding of Walsh J. in this case is in finding 5: that the damage was not reasonably foreseeable by those for whose acts the defendant would be responsible. That is not a primary finding of fact but an inference from the other findings, †¦The vital parts of the findings of fact which have already been set out in full are (1) that the officers of the Wagon Mound would regard furnace oil as very difficult to ignite upon water - not that they would regard this as impossible: (2) that their experience would probably have been that this had very rarely happened -not that they would never have heard of a case where it had happened, and (3) that they would have regarded it as a possibility, but one which could become an actuality only in very exceptional circumstances - not, as in Wagon Mound No. , that they could not reasonably be expected to have known that this oil was capable of being set afire when spread on water. The question which must now be determined is whether these differences between the findings in the two cases do or do not lead to different results in law. In Wagon Mound No. 1 the Board were not concerned with degrees of f oreseeability because the finding was that the fire was not foreseeable at all. So Lord Simonds had no cause to amplify the statement that the essential factor in determining liability is whether the damage is of such a kind as the reasonable man should have foreseen (at p. 426). But here the findings show that some risk of fire would have been present to the mind of a reasonable man in the shoes of the ships chief engineer. So the first question must be what is the precise meaning to be attached in this context to the words foreseeable and reasonably foreseeable. [Note from CS: This is where Weinrib’s extract starts at p 80 in his book. Before Bolton v. Stone [1951] A. C. 850 the cases had fallen into two classes: (1) those where, before the event, the risk of its happening would have been regarded as unreal either because the event would have been thought to be physically impossible or because the possibility of its happening would have been regarded as so fantastic or farfetched that no reasonable man would have paid any attention to it -a mere possibi lity which would never occur to the mind of a reasonable man (per Lord Dunedin in Fardon v. Harcourt-Rivington [1932] 146 L. T. 391) or (2) those where there was a real and substantial risk or chance that something like the event which happens might occur, and then the reasonable man would have taken the steps necessary to eliminate the risk. Bolton v. Stone posed a new problem. There a member of a visiting team drove a cricket ball out of the ground onto an unfrequented adjacent public road and it struck and severely injured a lady who happened to be standing in the road. That it might happen that a ball would be driven on to this road could not have been said to be a fantastic or far-fetched possibility: according to the evidence it had happened about six times in 28 years. And it could not have been said to be a far-fetched or fantastic possibility that such a ball would strike someone in the road: people did pass along the road from time to time. So it could not have been said that, on any ordinary meaning of the words, the fact that a ball might strike a person in the road was not foreseeable or reasonably foreseeable it was plainly foreseeable. But the chance of its happening in the foreseeable future was infinitesimal. A mathematician given the data could have worked out that it was only likely to happen once in so many thousand years. The House of Lords held that the risk was so small that in the circumstances a reasonable man would have been justified in disregarding it and taking no steps to eliminate it. But it does not follow that, no matter what the circumstances may be, it is justifiable to neglect a risk of such a small magnitude. A reasonable man would only neglect such a risk if he had some valid reason for doing so: e. g. that it would involve considerable expense to eliminate the risk, He would weigh the risk against the difficulty of eliminating it. If the activity which caused the injury to Miss Stone had been an unlawful activity there can be little doubt but that Bolton v. Stone would have been decided differently. In their Lordships judgment Bolton v. Stone did not alter the general principle that a person must be regarded as negligent if he does not take steps to eliminate a risk which he knows or ought to know is a real risk and not a mere possibility which would never influence the mind of a reasonable man. What that decision did was to recognise and give effect to the qualification that it is justifiable not to take steps to eliminate a real risk if it is small and if the circumstances are such that a reasonable man, careful of the safety of his neighbour, would think it right to neglect it. In the present case there was no justification whatever for discharging the oil into Sydney Harbour. Not only was it an offence to do so but it involved considerable loss financially. If the ships engineer had thought about the matter there could have been no question of balancing the advantages and disadvantages. From every point of view it was both his duty and his interest to stop the discharge immediately. It follows that in their Lordships view the only question is whether a reasonable man having the knowledge and experience to be expected of the chief engineer of the Wagon Mound would have known that there was a real risk of the oil on the water catching fire in some way: if it did, serious damage to ships or other property was not only foreseeable but very likely. Their Lordships do not dissent from the view of the trial Judge that the possibilities of damage must be significant enough in a practical sense to require a reasonable man to guard against them but they think that he may have misdirected himself in saying there does seem to be a real practical difficulty, assuming that some risk of fire damage was foreseeable, but not a high one, in making a factual judgment as to whether this risk was sufficient to attract liability if damage should occur. In this difficult chapter of the law decisions are not infrequently taken to apply to circumstances far removed from the facts which gave rise to them and it would seem that here too much reliance has been placed on some observations in Bolton v. Stone and similar observations in other cases. In their Lordships view a properly qualified and alert chief engineer would have realised there was a real risk here and they do not understand Walsh J. to deny that. But he appears to have held that if a real risk can properly be described as remote it must then be held to be not reasonably foreseeable. That is a possible interpretation of some of the authorities. But this is still an open question and on principle their Lordships cannot accept this view. If a real risk is one which would occur to the mind of a reasonable man in the position of the defendants servant and which he would not brush aside as far-fetched and if the criterion is to be what that reasonable man would have done in the circumstances, then surely he would not neglect such a risk if action to eliminate it presented no difficulty, involved no disadvantage, and required no expense. In the present case the evidence shows that the discharge of so much oil on to the water must have taken a considerable time, and a vigilant ships engineer would have noticed the discharge at an early stage. The findings show that he ought to have known that it is possible to ignite this kind of oil on water. and that the ships engineer probably ought to have known that this had in fact happened before. The most that can be said to justify inaction is that he would have known that this could only happen in very exceptional circumstances. But that does not mean that a reasonable man would dismiss such a risk from his mind and do nothing when it was so easy to prevent it. If it is clear that the reasonable man would have realised or foreseen and prevented the risk then it must follow that the appellants are liable in damages. The learned Judge found this a difficult case: he says that this matter is one upon which different minds would come to different conclusions. Taking a rather different view of the law from that of the learned Judge, their Lordships must hold that the respondents are entitled to succeed on this issue. †¦

Cold War conflict Essay Example | Topics and Well Written Essays - 2500 words

Cold War conflict - Essay Example But was the defeat of the Soviet Union the only thing that happened during the Cold War' There is more to this story from which America emerged smelling like a rose and putting itself on the pedestal of world redeemer; after all, it had been the nation instrumental in freeing the world from the clutches of Hitler and then afterwards, barely snatching the world from Russia's snapping communist jaws. Who really paid the price of victory' It was the defenseless and even back then, marginalized third world countries which, depending on what kind of resources that the U.S could draw from them, controlled with the skill of a master puppeteer. This was mostly done by putting into place right wing dictatorial leaders who would ensure that these mostly new democracies would not be lured into communism and gang up with the Soviet Union against the U.S. The end results were disastrous to say the least, and it was these broken countries that were left behind to pick the pieces as America stood o n an international podium to receive accolades for her victory. It is no secret that with the abolition of slave trade in the late 1800s the little interest that the United States had in Africa simply petered out. The colonialists had divided the continent into territories that they claimed for themselves and ran ragged as they chose. America, being an anti-colonialism nation, disapproved from a distance but did not step in to intervene. However, after the Second World War and with the rise of the Cold War, America's interest in African states was on full alert1. America had this fixed perception of African countries and other third world countries as not being ready for their own democracy. She saw African countries as being too primitive and backwards for self governance. The U.S believed that African countries had to be guided into self governance as it was something completely beyond their comprehension. This resulted in years of U.S meddling with African affairs that has persisted to date. Why the United States suddenly took an interest in the affairs of African nations is because they believed that these nations were not ready for independence. The United States was afraid that the freshly independent nations, who had such limited experience of democracy, would be exposed to communism and that they would embrace it instead of capitalism. But the U.S could not afford to have an Africa aligned to the Soviet Union; hence they became active in African affairs because now they had a vested interest. The only way to avert such an eventuality was by determining what kind of governments that there would be in these 'unstable' African nations. The kind of governments that the U.S preferred were the authoritarian types which were not tailored on true democracy. Such governments would ensure that the people stayed in line and could feed propaganda to the masses as they deemed fit. The U.S took it upon itself to not only tell African states how to govern themselves but also chose African leaders who she felt would forward her own agendas. Right from the