English - Answer questions from 3 Articles Article

English - Answer questions from 3 Articles - Article Example es how the onus must be on developed countries to take the lead in combating rampant over-consumption, because it is these countries that are over-consuming. Furthermore, these practices of overconsumption create problems in developing countries – climate change, for instance, has a global impact despite being caused almost entirely by developed countries. 2. The most significant impact the article â€Å"The Last Empire† by Jacques Leslie is the inherent idea that the current world order expects so-called â€Å"developing† countries to never truly develop, and if they did the quality of life in so-called â€Å"developed† countries would drop perceptibly – meaning that not only do industrialized nations have an incredible incentive to keep developing countries down, they can actually only afford their quality of life on the backs of developing countries. China is one of the few countries, along with Brazil and India, to truly have â€Å"developed† in the past thirty years – with its economy, and consumption, skyrocketing. This increased consumption has led to vast increases in commodity prices, as more and more food, for instance, had to be imported from abroad (Leslie). Now, if China’s economy improving alone could do that, imagine how drastic the increase in commodity prices, and thus decrease in standard of living, would be caused by the rest of the â€Å"developing† world improving. 3. The main point of â€Å"Rethinking the Meat Guzzler† by Mark Bittman is that the cost of raising meat for consumption is absurdly high, and is increasing at an exponential rate. But by far the most significant aspect of his argument is that the raising of livestock puts a great deal of pressure on grain and energy production, meaning in essence meat, and meat eaters are taking resources away from people who need them. According to Bittman, â€Å"nearly 30 percent of the earth’s ice-free land is directly or indirectly involved with livestock production† – and

The impact of the new technologies is revolutionising typographic Essay

The impact of the new technologies is revolutionising typographic practice. How is typograhpy and the role of typographic designers changing to meet new challen - Essay Example drew Haslam (2005), in their book Type and Typography, referred to the term as that concerned with the creation of typefaces and their arrangement to convey a message. (introduction) There are various other versions of these definitions but it all boils down to one thing: Typography’s existence occurred sometime in the 15th century and is tied with the invention of the printing press because it was responsible for the mechanical notation and arrangement of language. To borrow the words of Philipp Meggs, Rob Carter and Ben Day (2002): â€Å"The development of printing technology so drastically changed the nature of written communication that the term typography was coined to describe the study, use, and design of sets of identical repeated letterforms. According to Meggs, Carter and Day, the invention of typography was, in fact, the beginning of the Industrial Revolution, writing that the earliest mechanization of a handicraft is the hand-lettering of books. (p. 103) With the above information established, we underscore that typography evolves because of technology and thus, have had slightly differing meanings at different periods of history. In the age of the metal type, for instance, type and typeface were distinguished from each other, while in today’s digital age, they are used interchangeably. This will discussed, further later on. Peter Bil’ak offered us an interesting perspective when he said that typography should not be connected to any specific medium because it tends to change and evolve. The idea is that we continue to define and redefine the visual systems of visual language. We see this in the great leap we have achieved since the cave paintings to the synthesis of the digital pictographs. Tova Rabinowitz (2006) tells us that the widespread participation in typography’s recent evolution and its vibrant and experimental nature present an optimistic outlook for the continuation of type as a vehicle for expression and a democratizing cultural

Medico-Legal Examination of a Radiography Incident

Medico-Legal Examination of a Radiography Incident Patients’ safety is of huge paramount when undergoing diagnostic treatment. It is the participating staff’s fiduciary duty to ensure patients do not sustain any injury during this process. But however, sometimes mistakes happen and when injuries occur, there could be repercussions. These mistakes could be as a result of negligence, no up to date training and incompetence. According to the Management of Health and Safety at Work†¦(date), all employees are required to perform their job safely without causing any harm to patients and also, it is the employers obligation and duty to give adequate training, clear information and instructions to employees, in order for them to carry out their roles diligently. In reference to the court scenario, the incident that occurred between the patient, student radiographer and the supervising radiographer shall be discussed and related to the medico-legal aspects, scopes of practice and ethics and other principles related to the health and social care environment. So also, the actions of the radiology manager and the manual handling expert would be discussed. Student Radiographer From the court room video, it is obvious that the student radiographer and the radiographer did not have good communication. Mr Lung, the patient, was transferred from the Porter to the student radiographer but the supervising radiographer was not there to make sure the student did the right checks. The student inspected the wheelchair, in which Mr Lung was brought to the department and confirmed it was safe. The student also went ahead to do the identity checks and risk assessment and during this period, the radiographer still was not there to supervise. The student radiographer, as a result of the risk assessment done on the patient, decided to do an AP (Anterior Posterior) view chest x-ray. The radiographer came along after the student had just finished the risk assessment on Mr Lung and was about to take an AP view of the chest. The radiographer never asked the student to update him on what she had done so far. He went ahead to ask the Mr Lung to stand for PA (Posterior Anterior) view of the chest x-ray, without carrying out a proper risk assessment and ascertaining Mr Lung had the capability of standing for the x-ray. Ehrlich and Daly (2009) states a radiographer should assess situations, exercise care, discretion and judgement. He should assume responsibilities, professional decisions and act in the best interest of the patient. Although he decided to do PA view on the patient in order to get the best image of the patient’s chest, he compromised Mr Lung’s safety by asking him to stand, without doing a proper risk assessment on him. â€Å"The Society’s Code of Professional Conduct states: You must communicate effectively and appropriately with patients, introducing yourself and giving relevant information during their examination or treatment† (sor.org). â€Å"The importance of interacting effectively with the patient is critical to the radiographer as well as to the patient. Those techniques greatly improve the quality of the radiology image, as well as the patient’s care† (Adler and Carlton, 2003) Although the radiographer is known to have good years of experience in his field, the student should not have hesitated to query his judgement of asking the patient to stand, despite the patient’s condition or told him that she had done a risk assessment of the patient standing and the patient would not be able to stand. While the patient was standing, the radiographer moved the wheelchair behind the patient and told him to sit when he felt the need. The patient sat down when he needed to sit down but unfortunately, the wheelchair rolled back and turned around, causing the patient to land on his hip and suffered from NOF (Neck of Femur) fracture. The A and E consultant also confirmed this but however the NOF fracture could have been made easier as a result of bone degeneration, associated with old age (Gunn, 2007). But, this accident should not have occurred if proper risk assessment and precautions were undertaken. As one of Dutton et al, ( 2013) ethical principles; non-maleficence: the radiographer is obligated to practice in a safe manner at all times. To further disapprove of the radiographer’s action, which affected the patient, (Dutton et al, 2013) gave another principle; paternalism. This simply means a radiographer is justified to take action in instances in which not acting would do m ore harm than the lack of patient input into the decision. This however was not the case, as the potential outcome (good view of the chest) did not justify compromising the patient’s health The patient suffered pain as a result of negligence on the part of either the student radiographer not being able to assess the wheelchair’s safety or the supervising radiographer forgetting to apply the brake. The radiographer claimed the accident was not his fault, as he applied the brake when he placed the wheelchair behind the patient. This could mean the wheelchair tyres had low pressure. If this were true, he could have realised the low pressure in the tyre when he did the safety checks on the wheelchair. And if indeed the wheelchair were unsafe when transferred to the student radiographer and she did not do the right assessment, the supervising radiographer will still be held responsible because the job was delegated to the student radiographer. According to NLIAH (2010), â€Å"delegation is the process by which you (delegator) allocate clinical or non-clinical treatment or care to a competent person (delegate). However the delegator remains responsible for the overall management of the service and accountable for the decisions and actions of the delegate†. After the accident occurred, the supervising radiographer told the student to agree to the fact that the brake to the wheelchair was applied before placing it behind the patient, otherwise, they both would be in trouble. The student radiographer felt coerced into supporting his false intention, as she believed the brake was not applied. Dutton et al (2009), in one of their ethical principles; autonomy- states â€Å"the right of all persons to make rational decisions free from external pressure†. Coercing the student radiographer made her feel bullied and harassed. According to Bullying and Harassment at Work (2014), it is the employer’s duty to prevent bullying. It is an â€Å"offensive, intimidating, malicious or insulting behaviour; an abuse or misuse of power through means that undermine, humiliate, denigrate or injure the recipient. Bullying could lead to retaliation, anxiety, humiliation, or demotivation. All these could lead to stress, loss of self-confidence and self-esteem†. The next day after the incident, the student radiographer followed one of the guidelines of dealing with bullying and harassment at work, by confiding in someone and expressing her emotions of her feeling bullied (Dignity at Work Policy, 2012). This person was her practice educator and she listened without judgment. She transferred the case to the radiology manager for investigation. When accidents occur at work, these are meant to be reported in the accident report form. In the NHS, Datix reporting is used, where incidents are reported on a web-based system that can be used by anyone with access to the NHS net. Some of the information required includes details of the incidence and people involved. Reporting Incidents, Disease and Dangerous Occurrences Regulation (RIDDOR, 2013) is a law that requires employers and other people who are in control of work premises to report certain incidents. This is a legal requirement and it informs the enforcing authorities (Health and Safety, and Local Authorities) about deaths, injuries, occupational disease and dangerous occurrences, so they can identify where and how risks arise and whether they need to be investigated. Moreover, when the radiographer reported this incident in the datix system, it was reported that the wheelchair had its brake on, which was a false. He did this consciously just because he did not want to be in trouble or disciplined.

Rainy Mountain :: Essays Papers

Rainy Mountain Summary of â€Å" The Way To Rainy Mountain â€Å" ( Momaday p. 430 ) Momaday, tells the story of his grandmother and how she evolved from a land of her ancestry. She, being one of the few â€Å"belonging to the last culture to evolve in North America† (431). In a descriptive detail, Momaday, portraits the events that takes us on a journey through time before our modernized society had come into existence. A time of survival, rituals, suffering, and extinction. He starts out by setting the scenery of the place where his grandmother lived. A somewhat rigid area of the Southern Plains, where the seasons were of raging intensity. A place in time occupied by his grandmothers people, the Kiowas. A very â€Å"lordly and dangerous society of fighters and thieves, hunters and priest of the sun† (431). They had descended down out of Montana, and â€Å"war was their sacred business, and they were the finest ho rseman the world has ever known† (430). But as time had evolved into the migration of civilization, her people were forced to surrender their way of life to the soldiers. Fortunately, this was before her time. Momadays grandmother, Aho, lived an eventful life amongst her people, bearing stories of her participation in one of the last rituals of the sun-dance, which was interrupted by the soldiers.

Family and Household Essay

Sociology is the subject which looks at the social world around us, how the social world works and how it effects and influences our daily lives. People tend to accept the social arrangements in which they grew up as normal or too complicated to understand. The family is the natural way to bring up children and schools are the normal places for children to learn. For most people the social world is just there, challenging their lives, they cannot change it and it is not really worth while trying to understand it. There is a consequence of that argument, which is when people try to understand their place in society, rich or poor, isolated or popular; they usually do so by saying it is their personal abilities, weaknesses and situations that cause them to be as they are. Sociologists do not fully agree with this, they regard it as their job to understand society and the way it affects different people. They do this by using certain concepts such as, values, beliefs, norms and identity, they also look at different theories, which are explanations that link together social events and show how the social events have different effects on different people. Within this essay the writer will be looking at functionalism, feminism and Marxism and how the different aspects affect people and how they impact on the family and household. Family and household are two different things, a household simply means one or more person living in the same home, where as a family typically means a group of people related by ceremonial and or blood ties, living together or in frequent contact. (Moore, 2001) The functionalist perspective is one of the main theoretical perspectives within sociology. It has its origins in the likes of Emile Durkheim, who was especially interested in how social order is possible and how it remains relatively stable. Functionalism was the dominant branch of western sociology until the 1960s, since when it has been increasingly criticised by sociologists, favouring different sociological perspectives. Functionalists argue that â€Å"societies consist of inter-related social institutions such as schools, mass media, political systems and the family each of which contribute positively to the maintenance of stability of society as a whole.† (earlyhamsociologypages.co.uk, 2011) These institutions are said to be functional for societies as a whole. Broadly speaking it is assumed by functionalists that societies operate in the interests of all of their members so that there is no reason for fundamental conflict in society. Instead there is a high degree of consensus that societies are organised efficiently and relatively fairly. Functionalists believe every institution in society contributes to the smooth running of society as a whole. To functionalists the family is at the heart of the family. Murdock claimed that â€Å"the nuclear family is so useful to society that it is inevitable and universal, appearing everywhere† (historylearningsite.com, 2012). Murdock claimed that he had found evidence of nuclear families in the 250 societies he studied. The family is universal because it fulfils essential functions for the family, such as sexual, which controls sexuality and provides stability for adults, reproduction, which provides new members of society, economical, the family provides for its members and education, the family socialises the young into society’s norms and values. They are essential for social life since without the sexual and reproductive functions there would be no members of society, without the economic function (for example, the provision and preparation of food) life would cease, and without education a term Murdock uses for socialization there would be no culture. Human society without culture could not function. (historylearningsite.com, 2012).parsons states there are two irreducible functions of the family, these functions are primary socialisation, through which children learn to accept the norms and values of society and the stabilisation of adult personalities, the family gives adults the emotional support necessary to cope with everyday life. (Moore, 2001) The functionalist view suggests that the nuclear family has become socially isolated from extended family and geographically separated from wider family and more reliant on the welfare state. The family is self-contained, inward looking with little contact with neighbours and community, home leisure’s have made the family more home centred. Functionalists have been accused of idolising the family; they ignore conflict, abuse and gender equality within families and the ever growing divorce rates and family diversity. Feminists have been highly critical of the highly positive view of the family presented by Functionalists and the more critical view presented by Marxists. The reason for this scepticism boils down to one key concept: patriarchy. Patriarchy refers to a system of male dominance. Historian and activist Cheris Kramaroe once famously remarked that† feminism is the radical notion that woman are human beings† (Head, 2012). Feminism is about woman living on equal terms with men and not being pushed down by law or culture into a lower role within society. Feminists believe that the family is patriarchal, dominated by men and it exploits and oppresses women. The family supports and reproduces inequalities between men and woman, woman are Oppressed because their socialised to be dependent on men and remain second place. They reject the new rights view of the separate roles and also reject the march of progress view, in that society has not changed and it is still unequal. Feminists believe that marriage remains patriarchal and that men benefit from wives, they reject the functionalist view of one best family type, and they welcome fre edom and diversity. (Anderson, 2008). Critics argue that there is too much focus on negative aspects and that feminists sometimes ignore recent social changes. Critics claim that feminists portray woman as passive victims as if they are unable to act against discrimination. The same critics believe that feminists focus on one specific group and ignore woman in families from other cultures and ethnicities Marxist Feminists argue that within capitalist societies the nuclear family is part of the overall structure of capitalism and that its organisation and functions are heavily influenced by the nature of the capitalist economic base which means that women’s oppression derives primarily from the organisation of the capitalist system rather than from the patriarchal behaviour of men. According to Marxist Feminists housewives fulfil several important functions for the capitalist system: they bear and rear children at no cost to the capitalist system and, along with their husbands, encourage their children to accept authority such that a new, suitably obedient generation of workers becomes available; housewives also provide many domestic services at low or zero cost which reduces the wage levels which the capitalist system needs to pay its male workers. Women also form part of the reserve army of labour which is available for employment during times of economic boom but which can return to the traditional housewife- mother role during economic recession. Marxist feminists also believe women provide emotional support for their husbands/partners without this they would be unable to face the oppression and alienation of the capitalist workplace. Without this emotional support it is also possible that workers would be more prepared to challenge the capitalist system. However, family responsibilities may also dissuade workers from strike activity and the existence of families with its demands for cars, washing machines and other consumer durables also helps to maintain spending and capitalist profits. The socialisation process which operates within the family both stabilises the capitalist system as a whole and also by discouraging female career aspirations, restricts female career opportunities. (Head, 2012). Marxists shares some similarities with feminism, it argues that society is unequal and that it is characterised by oppression, however, Marxists believe that the oppression is of the proletariat by the bourgeoisie. Marxism is a conflict theory which sees all societies’ institutions, such as the education system, the media, religion and the state as helping to maintain class equality and capitalism for Marxists, therefore, â€Å"the functions of the family are performed solely for the benefit of the capitalist system† (sociogeeks.com, 2011). Marxists believe that the family aids capitalism by being a big consumer of goods, which they have to pay for, as long as the family are around, people will keep buying the products and the bourgeoisie will continue to make money. (earlyhamsociologypages.co.uk, 2011)Marxists also believe that woman staying at home looking after the children are producing the next generation of the proletariat. This means that more people will be created to fill the jobs of the retiring proletariat. Marxists believe that the family cushions the main producer, this is similar to the functionalist perspective where after a hard day at work, the main provider, usually the male, will be comforted by his family, they are there to relieve the pressures so he can return to work the next day less stressed than when he left the day before. This allows the bourgeoisie to have a worker in the next day and to have a guaranteed work force. Marxists believe that family is a strong influence on education and is considered the primary socialisation, this is beneficial for the bourgeoisie because the family and education system will teach the norms and values, which are that the society they are living in is correct. (Moore, 2001) Education makes the proletariat believe in the benefits of capitalism and will make the children believe in the myth of meritocracy. Feminists argue that the Marxist emphasises on social class and capitalism underestimates the importance of gender inequalities within the family, for feminists, the family primarily serves the interests of men rather capitalism. Functionalists argue that Marxists ignore the very real benefits that the family provide for its members, such as intimacy and mutual support. Others feel that Marxists tend to neglect the meanings families have for individuals and how family members interpret family relationships. (Head, 2012) In conclusion Functionalists see society as similar to a human body. Each part of the human body relies on different organs in order to function correctly. According to functionalists society operates in exactly the same way because it relies on different social institutions such as the family, schools, and the government working together to keep the social body working properly. In contrast Marxists see society as operating solely to make a profit for the ruling class. The proletariat are socially engineered to conform to the needs of a ruling class who benefit the most from societies using a capitalist economic system. Therefore schools and the family exist solely to provide a compliant labour force who will willingly serve the needs of capitalism. On the other hand feminists see society as operating in order to meet the needs and wishes of men (patriarchy). Patriarchal societies are engineered to meet the desires and needs of men through institutions like the family and the education system. On this basis feminists say women are second-class citizens. References Anderson, M. L., 2008. Sociology. In: J. Cheng, ed. understanding a diverse society. USA: Thompson Wadsword, pp. 308-312. earlyhamsociologypages.co.uk, 2011. early ham sociology pages. [Online] Available at: www.earlhamsociologypages.co.uk

Etiquette and Sophistication

Sue Lees Eng. 0300 HCCS-Katy Center 4/4/2012 Definition Essay Elegance in Modern Society Sophistication is the quality of refinement a person acquires with the course of life. You don’t acquire this status, privilege, or superiority over night; it takes time. People are not born with this status. Sophistication is not necessarily wealth or materialistic items, as for displaying good taste, wisdom, and good manners. People who have highly developed in society and showing worldly experience and taste in matters of culture or fashion.People who have sophistication have good taste, whether it is in their clothes, hair styles, or accessories is always being watched by society. Their appearance is neat and fashionable; not to say the clothes are expensive. Their hair is styled to what is in for that season, year, decade with an elegant poise. The woman’s hairstyle is secure in place with no fly away hair. Men of this status tend to have neatly cut and shaved, trimmed mustache s and beards. Also, women of sophistication tend to have artificial nails as well as men’s manicures and pedicures for both gender.Good manners are another quality of sophistication. People who respect others and their feelings show signs of sophistication. Another example of good manners are showing respect to your elders. Table etiquette, not chewing or talking with mouth open, is a sign of good table manners. People with sophistication do not use slang words, they use proper English to pronounce words. Finally, people of a sophistication status have wisdom. Book smart people with a degree or certificate are known a sophisticated.Also, people who display signs of sophistication require street smarts, also known as common sense. Additionally, someone with sophistication should have the knowledge of technology in personal computers. In conclusion, sophistication might be described as the ability to cope gracefully in a situation, but in modern society it is a combination of q ualities, such as good manners, wisdom, and good taste. Reaching the qualities of sophistication that are mentioned takes a process that is learned with life’s experience, education, and the way to carry and present yourself with poise and elegance.

Economic loss in contract law Essays

Economic loss in contract law Essays Economic loss in contract law Essay Economic loss in contract law Essay In regard to the extract taken from Markensinis and Deakins Tort Law (5th Edition), from the writers comments we see that there is dispute on whether cases of pure economic loss in regard to compensation and damages, should be exclusive to the area of contract law instead of appearing in both the areas of contract law and tort law. We therefore must explore the similarities and differences between recovering damages and/or compensation in regard to pure economic loss in both tort and contract law. We must pose the question of whether we believe that tort law should allow cases of pure economic loss or whether it should remain exclusively in contract law. The definition for pure economic loss could simply be put as economic loss which is unaccompanied by physical injury or damage; it is also commonly known that pure economic loss is an umbrella term used to bring together various different policies regarding compensation, damages and loss. For a more in depth image of pure economic loss and how the courts approached cases for damages or compensation due to pure economic loss we must look at precedent cases and how pure economic loss is recovered in both divisions of law. In the law of tort there is a limited approach to pure economic loss which means that recovering for pure economic loss relies on there being a special relationship between the two parties it must be established by the claimant that in fact, there was a special relationship between themselves and the defendant. This approach is outlined in the case of Williams v Natural Life Health Foods Ltd [1998]1. In this case, it was held that the second defendant was not liable for the economic loss by Williams because he had acted through the company Natural Life Health Foods Ltd to advise the plaintiff and therefore did not have a special relationship with the claimant or did they have any personal contact with the second defendant. The House of Lords also found that due to the fact that there had not been any special relationship between the second defendant and the claimants that therefore the second defendant did not at any point express that he had held personal responsibility for their dealings. As we can see from that case the defendant did not have any assumption of personal responsibility towards the plaintiff or did they have any special relationship and therefore the claim for damages related to the pure economic loss of the plaintiff failed. In addition observe the case of Smith v Bush2 for a further example of the courts taking into consideration whether there was a special relationship between the plaintiff and defendant or a personal responsibility between the defendant and the claimant. In this case it is clear the disregard for the claimants financial safety in giving misinformation purposefully is obvious and the courts found that there was reliance and a special responsibility between the two parties. Due to this the claimant was successful as there was an assumption of a duty of care by the surveyors towards the plaintiff. In the law of tort, recovery of damages due to economic loss can also be made in cases of negligent misstatements a claimant seeking to recover damages must establish that the statement was made within a relationship and where the claimant could reasonably rely on the skill and care of the defendant in the statement3- in other terms, a special relationship should be established as is common within tortuous claims for damages due to pure economic loss. A precedent case of a tortuous claim due to negligent misstatements by the defendant would be Chaudhury v Prabhakar4 in which the defendant claimed to be a specialist in the field of motor cars and assisted his friend, Prabhakar, the claimant in purchasing a motor car his advice proved to be negligent. A relationship in this case was obvious. Chaudhury claimed to be a specialist in the field that Prabhakar had asked his advice Chaudhury accepted the request for assistance from the claimant and gave intentional misstatements and as a result Prabhakar suffered a pure economic loss. As we can see in the law of tort, a special relationship even in regard to negligent misstatements and an assumption of a duty of care must be evident in order for there to be a successful claim for compensation or damages due to pure economic loss through the actions or negligence of another. The most commonly cited aim of damages in the law of tort is to restore the claimant to the position he would have been in but for the tort5. The aim of contractual damages on the other hand is generally that of Parek B in Robinson v Harman (1848): the claimant is, so far as money can do it, to be placed in the same situation, with respect to damages, as if the contract had been performed. 6 In contract law, firstly and obviously, there must be a legally binding contract between the two parties. There must also be reliance by the claimant on the defendant to fulfil a promise or expectation outlined in the contract. For a claim in regard to pure economic loss the expectation interest of that plaintiff must be protected. The expectation interest is an amount close to or equal to the net value of what the plaintiff would have been in receipt of if the contract had been performed and not broken by the defence. An alternative to the expectation measure sometimes used in its place is the reliance measure which protects the plaintiffs reliance interest this is a measure which puts the plaintiff in a position which s/he would have been in had they not relied on the terms in the contract. In regard to both expectation and reliance damages being granted there must have been a action or rather lack of action from the defendant, which went in opposition to the terms of the contract between both parties, in order for the plaintiff to suffer a pure economic loss due to the expectation or reliance on the contractual obligations which went unfulfilled. A case which outlines the way in which contract law deals with pure economic loss would be CCC Films (London) Ltd. v Impact Quadrant Films Ltd. 7 The defendants granted the plaintiffs a licence to exploit, distribute and exhibit three films, the rights to which were owned by the defendants. The plaintiffs paid the agreed consideration of $12,000 for the licence and then requested the defendants to insure and send by recorded delivery to the plaintiffs nominee in Munich video tapes of the films, without which the plaintiffs were unable to market the films. In breach of the agreement for secure transmission of the tapes the defe ndants posted them uninsured by ordinary post in the course of which they were lost. The defendants also failed to perform subsequent agreements with the plaintiffs to deliver replacement tapes. The plaintiffs were unable to produce any evidence of loss of profits but instead brought an action in which they claimed to recover the $12,000 as wasted expenditure. The defendants contended that it was not open to the plaintiffs to claim for wasted expenditure save where the evidence established either that it was impossible to prove loss of profits or that such loss of profits as could be proved was small. Furthermore, the defendants, relying on the principle that a claim for wasted expenditure could not succeed if the plaintiffs returns, had the contract not been broken, would not have recouped that expenditure, contended that the onus was on the plaintiffs to prove that they would have recouped the expenditure and that the plaintiffs were only relieved of that onus of proof if the breach itself made it impossible to assess whether the returns would have been sufficient to recoup the expenditure. Neither the plaintiffs nor the defendants produced evidence whether the plaintiffs would or would not have recouped the $12,000 if they had been able to exploit the films. The issue therefore arose on whom the burden of proof lay. Since the onus of proving that the plaintiffs would not have recouped their outlay of $12,000 if they had received the tapes and exploited the films lay on the defendants, who had not discharged that burden, the plaintiffs were entitled to judgment. 8 Now we have covered both areas of law and what must be fulfilled in order to file a successful claim for damages or compensation in regard to pure economic loss, in both contract and tort law, we must look at the case of Hedley Byrne v Heller Partners9. Hedley Byrne v Heller Partners was a groundbreaking case in that the decision by the House of Lords first recognised the possibility of liability for pure economic loss. The House of Lords recognised that a claim could be made for negligent statements instead of being dependent on contractual relationships, as it had been previously. This is where the argument arises between leaving the compensation of pure economic loss to contract law or allowing it to be a part of both tort and contract divisions of law. The Hedley Byrne case found that the plaintiff must prove that there was a liability was held as an assumption of responsibility to the claimant, a special relationship between the two parties or a relationship equivalent to contract. In Hedley Byrne v Heller Partners, Hedley Byrne (an advertising partnership) were about to undertake contracts with Easipower Ltd, one of Hellers client companies. Before taking out the contracts, Hedley Byrne decided to contact the bank of Heller Partners Ltd. in order to gain knowledge on the financial state of Easipower Ltd. Heller claimed the company were financially secure Hedley Byrne relied on this information and entered into a contract with Easipower Ltd. whom soon afterwards became bankrupt. Hedley Byrne filed a claim against Heller Partners for giving negligent and misleading information the court found in Hedley Byrnes favour claiming that there was a special relationship between the two parties as to create a duty of care but due to a disclaimer for Hellers actions there were no orders for damages. Prior to the Hedley Byrne case, negligent misstatements were lead by the case Derry v Peek10 Hedley Byrne revised this decision. Before Hedley Byrne, a person suffering from economic loss due to careless or negligent statements could sue in the tort of deceit. In Derry v Peek, Peek, the defendant, a director of the Plymouth, Devonport and District Tramways Co. Ltd, had the notion that he and the company were allowed to run their trams with steam power provided they had the permission from the Board of Trade. However, their permission was not granted and the company had prior to a decision being made issued a prospectus that declared they were running trams on steam rather than animal power on the belief they would be granted permission. Derry, the claimant, due to the representation of the company in the prospectus steam powered trams, had obtained shares in the company and sued the defendants for financial loss under the tort of deceit. However since there was no evidence proving that the defendants intentionally issued the prospectus knowing the information provided was false, the House of Lords held that they were not guilty under the tort of deceit. As it was in Derry v Peek, the difficulty in this was that the House of Lords held that the claimant must prove fraud to establish deceit. Meaning that the claimant must prove that the defendant knew that his or hers statement was untrue, malicious or reckless. The House of Lords held that sheer negligence was not sufficient. The House of Lords re-examined the precedence on careless statements, Derry v Peek was limited to its function of defining the tort of deceit and was held irrelevant to the issue of whether a duty of care was evident in negligence. Lord Devlin also held the non-existence of a contract was not relevant in the case of Hedley v Byrne, he said: a] promise given without consideration to perform a service cannot be enforced as a contract by the promisee, but if the service is in fact performed and done negligently the promisee can recover in an action in tort. 11 The House of Lords were not willing to identify a duty of care born from negligent statements on the foundations of the Donoghue v Stevenson12 neighbour principle alone. The House of Lords though, in protecting against a flood of cases, held tha t there was not a special relationship between Derry and Peek. A prospectus, like an advertisement in a newspaper, is open for all to see and therefore a special relationship cannot be formed from this instead the claimant must prove that the statement was made within a relationship where the plaintiff could reasonably rely on the skill and expertise of the defendant in making the statement. So rising from the Hedley Byrne case we can come up with three questions that may be considered in regard to negligent statements and a claim for pure economic loss: One, was there an assumption of responsibility for the claimant by the defendant? Two, was there a special relationship between the two parties? And three, was the relationship equivalent to a contract? If the answer to at least one of those questions is yes, then the claimant has a clear case for a recovery of damages or compensation. Where the case of Hedley Byrne gives the principle that one who makes a statement may voluntarily assume responsibility to the person they make it to if this statement is made negligently then he or she is liable for any damage which may occur because of their negligent statement/s. We must also though bear in mind the Caparo principles which have risen from the case of Caparo Industries PLC. v Dickman13. These principles question the scope of assumption of responsibility and what the limits of liability ought to be. The Caparo principles, four conditions outlined by the House of Lords which must be met for the defendant to be liable for economic loss resulting from negligent advice or information are. (1) The defendant must be fully aware of the nature of the transaction which the claimant had in contemplation as a result of receipt of the information. 2) He must have either communicated that information to the claimant directly, or know that it would be communicated to him (or a restricted class of persons of which the claimant is an identifiable member). (3) He must specifically anticipate that the claimant would properly and reasonably rely on that information when deciding whether or not to engage in the transaction in question. (4) The purpose for which th e claimant does rely on that information must be a purpose connected with interests that it is reasonable require the defendants to protect14. The case of Hedley Byrne had a major impact on the courts outlook on cases regarding tortuous and contractual claims for pure economic loss and brings us to the position we are in now in discussing whether the claims should be left to one division of law. What is clear, in my opinion, from my investigations into both pure economic losses being recovered in both contract and tort law is that they both have a reasonable claim for being an advocate of claims of compensation or damages for pure economic loss. What has been found is that in tort a relationship which is deemed special or equivalent to a contract must be in place otherwise a claim cannot be made whereas in contract a legally binding agreement is already in place. The difference being is that the claims in either law of tort and contract protect different interests of the defendant. In contract you will find that the defendants reliance and/or expectation of the contract are shown in the damages rewarded, if the court deem necessary of course. A claimants reliance or expectation which is not fulfilled, as stated it would be in the contract, will be rewarded with damages which cover the money they may have lost in one of two conditions: one, an amount close to or equal to the net value of what the plaintiff would have been in receipt of if the contract had been performed or two, placing the plaintiff in a position which s/he would have been in had they not relied on the terms in the contract. In tort though, compensation will be granted if the claimant has consequential economic loss because of the defendants actions or negligence. As long as there be a special relationship between the two parties or a relationship equivalent to a contract as was born from the case of Hedley Byrne then the claimant is likely to be successful. Now, if you look at both sides you will see they cover different interests and arise from various different scenarios this is something which has made me form an opinion that I believe this is what has been happening and how things should remain. 15