Essay on Equality by Differences - 1230 Words

Equality by Differences nbsp;nbsp;nbsp;nbsp;nbsp;The end of the Civil War marked the destruction of the institution of slavery and thus, at least officially, the equality of all races within America. However, people used to being either slaves or masters for many years simply do not change out of their former roles overnight. In the decades following the Civil War, the legacy of slavery was very apparent, as blacks struggled with both poverty and second-class citizen status. True equality had yet been achieved. Such was the aim of writers like W.E.B Dubois and Booker T. Washington, who sought to put both level the social, political, and economic playing fields for both blacks and whites. Although both Dubois and Washington had†¦show more content†¦However, his opinions on how that change would be achieved differed significantly from Washington’s. Dubois viewed many aspects of Washington’s plan to integrate blacks into white society as â€Å"selling out†. To Dubois, what was imp ortant was not necessarily economic self-sufficiency, but the long-awaited coming of self-consciousness and self-realization, after years of being nothing more than nameless commodities. To Dubois, it would not be enough for blacks to simply assimilate themselves into the white system, but blacks would have to assert their unique cultural, social, and political identity. He writes in his 1897 article, â€Å"Strivings of the Negro People†, that the black man, in order â€Å"to attain his place in the world, he must be himself, and not another.† Their ancestral roots in Africa, their experiences under years of slavery, and their experiences out of slavery lead to a unique cultural and political perspective that develop into a race consciousness. Blacks as a race and nation must contribute their ideas, their views, and their culture to white America, benefiting the country as a whole and leading to a pattern of mutual enrichment. â€Å"The ideal of fostering the traits a nd talents of the Negro†, says Dubois, is â€Å"in order that some day, on American soil, two world races may give each to each those characteristics which both so sadly lack.† nbsp;nbsp;nbsp;nbsp;nbsp;Washington agreed with Dubois on theShow MoreRelatedDifference Between Equality And Opportunity And Equality1247 Words   |  5 Pagesour political culture is civic duty, equality,democracy, individual responsibility, and liberty. 2. What is the difference between equality of opportunity and equality of results? 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Fighting for their equal rights women and men are unified to get the same results, to be treated the way they deserve, and to be able to think freely about what they standRead MoreRawls Difference Principle And Its Compatibility With Democratic Equality1921 Words   |  8 PagesDaisy Duong Professor Quong PHIL 174 23 September 2017 Rawls’ Difference Principle and its Compatibility with Democratic Equality Introduction With a limited availability of wealth and resources, all societies are posed with a common dilemma: how ought these goods be distributed among members of the community in a way that is just? In A Theory of Justice, John Rawls, an influential political philosopher of the 20th century, attempts to provide a solution to this dilemma by presenting a hypotheticalRead MoreGender Equality And Gender Differences Of The Play Top Girls And A Streetcar Named Desire 1466 Words   |  6 PagesThe plays ‘Top Girls’ and ‘A Streetcar Named Desire’ are written in ways that explore the issues surrounding gender equality and gender differences. Churchill explores the ideas of a feminist utopia where the men and women live in separate spheres which are prescribed to suit the stereotypical roles of the genders. For example at this time power dressing was a real strategy used by the new breed of feminists struggling for identity in society. We learn about the relationship between women and workingRead MoreGender Inequality Between Men And Women1255 Words   |  6 PagesSocial gender roles lead to various forms of inequality and disparity between men and women, which in relation to the socio economic, political and cultural ideologies plays a negative role in girls (Asley 2014) .While some societies, defend gender differences based on their cultural norms and religious beliefs, this tends to restrict women physical and mental space.†Across social classes girls tends to have less physical mobility than boys and thus less freedom to move to larger towns or other countriesRead MoreOrganizational Success Is Increasingly Becoming Dependent On An Organization1627 Words   |  7 Pagesdiscusses organizational approaches to managing equality and diversity. 1.1 Purpose of essay The overall aim of this essay is to critically evaluate organizational approaches to managing equality and diversity. Snape and Redman (2001) stated that even among top and global organizations which are carry out a variety of diversity polices, implementation is more of an issue of talk than of actual practice. This essay discusses some theory around equality and diversity, and further discusses how someRead MoreFormal and Substantive Equality1185 Words   |  5 PagesQuestion 5- Explain the difference between formal (or procedural) equality and substantive equality. Formal equality is known as the formal, legal equality. This is the equality that is seen as one law should be applied to all people, social and personal characteristics are no factor. Formal equality aims to distribute equality fairly and evenly, and aims to treat people the same. Formal equality does not ensure the wellbeing of individuals based on race, ethnicity, sex, age etc. UnfortunatelyRead MoreNozick s Version Of Libertarianism1481 Words   |  6 Pagesthe original position, b) the veil of ignorance, c) primary goods, d) the liberty principle, e) the difference principle, f) the fair opportunity principle, g) why we would select the difference principle in the original position, and h) what his theory says a distribution must be like in order to be just. Rawls version of egalitarianism is the need for a balance of freedom of opportunity and equality of everyone involved. The original position is, â€Å"We selected principles of justice for our societyRead MoreThe Aftermath Of The Civil War1578 Words   |  7 Pagesof the different conceptions of equality. The writers during this period strongly emphasized equality of opportunity, as opposed to equality of outcome. They held that equality should be regarded in functional terms and equality in voting, equality before law and equality of economic opportunity became their chief concerns. William G. Sumner, a staunch defender of the Darwinian ideals of individual liberty and laissez faire, was of the opinion that formal equality is an essential characteristic ofRead MoreAnalyzing Rawls Second Principle of Justice1752 Words   |  7 Pagesto create a public culture hospitable to the disagreements that will inevitably arise (p.261). The difference principle Rawls has pioneered the justice principle, which has two sections. In the first section, Rawls argues that there must be fair equality in distribution of opportunities throughout the society. Opportunity based on fair equality varies from opportunity based on formal equality or even the concept of opening careers to talents. Restricting job opportunities leads to lack of formal

The Real All Americans Free Essays

The Real All Americans combines the tales of two merging chapters in American history, a time when football is leaping out of the dirt, and the Western Frontier is disappearing. The book reads like a â€Å"who’s who† of history. It also introduces us to and establishes Olympian Jim Thorpe, a multi-sport player once considered the world’s greatest athlete, and legendary coach, Glenn â€Å"Pop† Warner. We will write a custom essay sample on The Real All Americans or any similar topic only for you Order Now Abolitionist Harriet Beecher Stowe, Indian War Chief Sitting Bull and future president Dwight D. Eisenhower also play significant roles in the book. Author Sally Jenkins weaves a history lesson together beginning with a bloody massacre in 1866 and bookends the tale with a battle on the football field in 1912, Indians versus the Army. In 1866, members of the Sioux, Cheyenne and Arapaho tribes lured the U. S. military into a trap. It proved a fierce and violent coup to ward off annexation of their land. Chieftain American Horse slit someone’s throat in the battle, and other natives removed scalps then gallantly rode home to brag of their victory. The Indians won the battle that day but not the war. Despite their recalcitrant stance against the expansion of the U. S. Territory, change was coming. American Horse nearly decapitated a man to display his staunch opposition against being forced into a reservation. He would later buy a suit from Saks and send nearly a dozen of his offspring to a U. S. government run boarding school. To demonstrate the transitory times the country faced, Jenkins masterfully walks us through history. By 1890, the first Transcontinental Railroad is completed. It runs through once serene land the natives called home. The tracks have dissected their frontier, carving out even smaller allotments then what the government issued to the natives. The infamous â€Å"cowboys and Indians† battles have nearly disappeared like the Western frontier. At this time, football began to take hold of the American psyche. The brutality of the sport provided a new outlet for men to showboat their masculinity. America is at a crossroads. It knows it must live amongst the natives, the people whose land the government has taken. American leaders know some of the Indians will seek to live outside of the oppressive conditions of the reservations. They question how they will live civilly with the â€Å"savages†. Fighting is no longer the answer. Assimilation becomes the solution. But it is not fully embraced by either side. Did natives have the mental capacity to â€Å"learn the way of the white man†? Indians feared losing their centuries old mores. Army officer and abolitionist Richard H. Pratt sought the government’s approval to launch the social experiment. He had what he believed to be success in absorbing and â€Å"curing† the hardest of Indian resisters when he ran a military prison in Florida. Pratt opened The Carlisle Indian School in Carlisle, Pennsylvania hoping to strike gold again. He Christianized the students and cut their hair to make them similar to the white man. While Pratt’s legacy is mixed, Jenkins makes it clear that the superintendent is fond of the students he recruited and treated them like he would his own children. Jenkins eloquently illustrates how this experiment is not without heartache and failure. For every handful of children that willingly assimilate, at least one native revolts, runs away or returns home scared and confused. Pratt thought abandoning their native tongue, denouncing violence and learning how to eat with a fork and spoon were the only ways American society would accept Indians. A student named Plenty Horse returned to his reservation with one mission, to wipe the stain of Carlisle from his character. He killed an innocent American military member to impress his tribe. Pratt would argue he had more success stories than accounts of failure, and he attributes that the football team he begrudgingly allowed on campus. The mortal combat-like sport had captivated the nation, and Carlisle men caught the fever too. Pratt repeatedly denied his men a chance to compete telling them they would face more humiliation if they signed up to take the brutal beatings Ivy League teams loved doling out. The Carlisle Indians had the weight of a race on their scrawny shoulders, Pratt said. Their losses would be exaggerated and their wins downplayed. But his boys did not care. In 1895, Pratt relented and granted the men permission to play on one condition; they had to leave the violence up to the other teams because the Indians were already perceived as savages. That condition was the driving force behind the Indians’ desires to play. They wanted a chance to prove they were not savages or mentally inferior to their Ivy League counterparts. Within a year of playing the Indians embarked on an unprecedented feat, they played Harvard, Princeton, Yale and Penn consecutively. At that time in history, that would be considered a mortally dangerous schedule. Football did not have the regulations that govern it today. In 1905, the football field saw 146 deaths. Huge wedges of men would run at each other, pick up running backs and throw them, and break legs, noses and necks. The physical prowess of the other teams did not frighten Carlisle. The opposing teams grinned every time they kicked an Indian; the Indians were only allowed to grin when they got kicked. The Carlisle Indians put up a valiant effort against the big four but lost all of the games, however that is attributed to several blatantly bad calls. The team almost upset Yale, but a referee called back what would have been the winning touchdown. It was so bad, the next day the White press wrote, â€Å"Carlisle proved it could beat 11 young Yale men, but not 11 young Yale men and a referee†. While the rag-tag team of players enjoyed several glowing reviews over the decades, the Carlisle men felt like they were denied proper credit. A large portion of the press would attribute their victories to their White Yale coaches. Their losses, on the other hand were the inevitable evidence of their â€Å"Indian character flaws†. Despite the humiliating obstacles the team faced, the Indians progressively got better, thanks in part to the hiring of Glenn â€Å"Pop† Warner, a real gamesman. He had a taste for gambling but an even larger appetite for experimental plays and encountered equal minds when he coached the Indians. They too wanted to play the game their own way and outwit their opponents. They changed the game when they started running around teams instead of through them, a sight no one and witnessed at that time. Carlisle started the first trick plays, hiding the ball, and they dominated the field when the forward pass was made legal. No one could stop Jim Thorpe, except Jim Thorpe. Warner said his carelessness and laziness led to losses in games the team had nearly sealed up as victories. Thorpe briefly left the school to pursue his love of baseball, which would later lead to him being stripped of the gold medals he won at the Stockholm Olympics. Warner convinced his star to return to school for one final battle, the 1912 game against the U. S. Army, a team that had nine future generals on its roster. A young Dwight D. Eisenhower was in the backfield. In the locker room, Warner reminded his team of â€Å"Wounded Knee† and all of the other atrocities committed against their tribes. This was their time for revenge he harped. They could wage war on the football field instead of the battlefield. Of course the cadets were favored to win. Rooting against them would be â€Å"Un-American†. Army had caught up to the Ivy League teams, and was in the midst of a four-year stretch in which they built a record of 28-5-1. The game had national implications for both teams. Army had lost only once that season, to Yale (6-0). A win over Carlisle would catapult Army to a number one ranking. The emotional and practical stakes were obvious for the Indians. The game represented their continual fight for respect. They were clearly the best offense in the country, but commentators continued to mark them with an asterisk as if they were less than a real college team. The Indians were ready for war. They graced the field with sleek formations. Several fast forward passes combined with trick plays tomahawked the Army. Final score, 26-7. They did not just change football; they slowly changed the misconceptions of Indians. They stood up to humiliation and mockery with grace and dignity. They took beat downs and grinned, leaving spectators to question just who the â€Å"savages† really were. They claimed many victories over Ivy League schools stocked with players who descended from men who stole the Carlisle Indians’ Land. They proved they were the Real All Americans. But their celebration would be short-lived. The team nearly imploded after the win, and Warner found himself coaching a team that no longer respected him. Thorpe had been outed as a â€Å"professional† because he played baseball for money, and he lost his gold medals. Warner knew all along what Thorpe had done, but he acted as if he had no clue. That enraged the Carlisle team, and members wrote Congress and also divulged details of Warner paying his athletes. Warner was later asked to resign. Outside forces also erased Carlisle’s place in the history books as well. America was undergoing yet another transformation. The public now believed it was wrong to have taken natives from their homes to place them in far-away boarding schools. It was time to end the â€Å"experiment†. The little support Carlisle had left had faded. Pratt was long gone. Weaker leaders replaced him and none had a desire and commitment to the natives like Pratt. By 1918, The Carlisle Indian School had closed. How to cite The Real All Americans, Papers

Quash Quell Construction Limited

Question: Discuss about the Quash Quell Construction Limited. Answer: Introduction This study will benefit immensely from three main legal concerns that have been identified from the facts given. It is instructive to note that the first legal issue that will be discussed is construction law in relation to the law of contract. This legal issue affects Quash quell Construction Limited (QQ) and Retro Salvagers Ltd (RSL) because they had a contract whose subject matter was construction and in particular a contract to deal with refurbishment of a dilapidated building. The second legal issue that has been identified is in relation to the law of tort and it is Negligence as a civil wrong. This will be demonstrated by the relationship between Dapar Heating Systems Ltd. and Quash quell Construction Limited (QQ) where the former was expected to conduct a service with great skill and care but there is a probability that he did so negligently. The last legal issue will be misrepresentation which is manifested by the fact that Dapar Heating Systems Ltd made statements before th e contract was made that appear to have induced Quash quell Construction Limited to enter into a contract. In contract law the cardinal principal is that parties to the agreement have the moral imperative to perform their contractual obligations as has been stipulated by terms in the contract. It follows that failure to meet the contractual obligations amount to a breach in contract law and liability fro the payment of damages. It bears noting that breach of the contract terms that have been stipulated in the agreement attracts loathsome consequences as was demonstrated in the case of Jerry Bennett Masonry, Inc. v. Crossland Constr.Co.[1] Where a subcontractor company entered into a legal agreement with the contractor which expressly interdicted any delay. Unfortunately the subcontractor company breached the agreement and the court ordered the payment of hefty delay damages. Quashquell Construction Limited (QQ) contracted Retro Salvagers Ltd (RSL) to conduct the refurbishments of their newly acquired offices and they therefore were notified of all the areas that need refurbishment and were able to foresee the duration and amount of time that would be involved to complete the work timeously. It is thus imperative to note that the delay that occurred in this case is regarded as an inexcusable delay in construction law which is a delay that has been caused by a contractor due to his negligence and the other party will be entitled to make a claim for damages.[2] Quashquell Construction Limited has a contractual obligation to conduct the refurbishments within the rules that have been set in the contract. It is overarching principle in law that the once a contract has been signed the parties are bound by the terms in the agreement although one may have failed to read or comprehend the terms.[3] The court have since held that incase a delay may occur in to the construction the contractor is supposed to give a reasonable notice to the other party.[4] It is worth noting that Quashquell Construction Limited has not served the Retro Salvagers Ltd any notice indicating that they may be delaying in completing the work as stipulated in the contract. In Australian Development Corporation (ADC) v White Constructions[5] the court held that the contractors must give the principal a notice requesting for the extension of time which enables the principal to make other less costly arrangements and to bargain with the contractor on the extra costs that may be incurred. Retro Salvagers Ltd did not indicate that they an extension of time so that they can be able to complete the contracted work. Due to absence of the notice the probability for the contractors to be liable is even growing higher. It can also be noted that DHS did not submit any notice to indicate that they will be delaying in the construction of the heating system and thus the penalty that was stipulated in a clause will be imposed. Liquidated damages clause It bears noting that Quashquell Construction Limited will be entitled to liquidated damages if in the contract they included a liquidated damages clause that shows the amount of money that will be payable incase of any delay.[6] It is prudent to note that the liquidated damages clause will be Quashquell Construction Limited in the sense that they will not have the onerous task of calculating damages as they are expressly stated in the clause.[7] However, where the contract does not have a liquidated damage clause the, the aggrieved party will still be entitled to liquidated damages incase of any breach. In this case it is evident that the contract provided for liquidated damages clause that stated that there will be a 4.5 percent deduction from the contract price each day that the contractor delays. The costs that have been incurred in renting another premise because of the delay in completion of the refurbishments will be paid from the penalties that have been imposed in the contrac t. It can be argued seeking liquidated damages again despite the presence of a liquidated damages clause is tantamount to subjecting the party in breach to double jeopardy. It has been held in South Carolina Federal Savings Bank v. Thornton-Crosby[8] that if the principal looses profit that he will have gained were it not for the delay he may recover the profits inform of damages if he reasonably evinces the exact amount of profit lost. Quashquell Construction Limited can thus prove that within the days that the construction had delay they suffered a considerable loss of expected income because their business was not in operation. The use of mobile heating devices leads to Quashquell Construction Limited to incurring an extra expense. However this was covered in the liquidated damage clause that stipulated that DHS will pay an amount of money incase of any delay. The other remedy has been established by the courts in the case of Fibrosa Spolka Akcyjna v Fairburn Lawson Combe Barbour Ltd[9] is restitution of any funds that had been paid prior to the performance of the contract. In this case it will not be possible for Quashquell Construction Limited to recover any funds that they may have paid because they have stipulated in the contract through the liquidation clause a way that the contractor will compensate for the loss incurred due to the delay. The aggrieved party may also be awarded consequential damages which derive from any other cause that the parties had contemplated when they were making the contract. Quashquell Construction Limited can recover damages for the loss of profits following the delay in installing the heating system because such an outcome was not envisaged in the terms of the contract. From the facts it is abundantly clear that Dapar Heating Systems Ltd gave a representation to the effect that the system was functionally sound and it had been tried and tested. The company also assured that the heating system was energy efficient albeit the same was not envisaged in the contract. The possible legal issue that can arise in this case is misrepresentation. A misrepresentation is an untrue statement that induces the other party to enter into contract which has the effects of vitiating the contract. It is thus submitted that for a misrepresentation to be actionable there are various elements that must be met for the action to be successful. Firstly, one of the parties must have made a false assertion of fact. It has been held that if a statement is substantially correct then it does not amount to an untrue statement.[10] It is worth noting that the statement must be a clear untrue statement that does not bring about any ambiguity.[11] The statement that was made by the Dapar Heating Systems Ltd was clearly false as was later evidenced by the tragedy that occurred. Secondly, the misrepresentation must be made by a party to the contract or an agent representing the party to the contract. Thirdly, the other party must rely on the untrue statement to the effect that the untrue statement will influence his or her judgment to enter into the contract. However, a misrepresentation will not be actionable if it did not affect the judgment of the other party expected to sign the contract.[12] Quash quell Construction Limited (QQ) relied on the statement that had been made to enter the contract. Were it not for the assurance in the statement made then Quash quell Construction Limited would not have signed the agreement. In essence the statements made affected fundamentally affected the judgment of Quash quell Construction Limited. Negligence in Tort Dapar Heating Systems Ltd (DHS) has the professional responsibility of ensuring that they conduct their work with skill and care to prevent harm to anyone who is likely to be affected by the nature of their work. In the much celebrated ruling of Lord Artkin he notes that one should always have their neighbor in contemplation and ensure that their acts and omission do not cause harm to them.[13] Lord Artkin defined a neighbor in the Donoghue case as any person who is likely to be suffer injuries due to harm that has been perpetrated by ones acts or omissions. Any person who has been visited by harm or an injury must show that they are a neighbor within the meaning of the definition given by Lord Artkin Stemming from the fact that Dapar Heating Systems Ltd has did not install the heating system well and it cause injury to Sally, Sean and Amy it is submitted that he will may be charged with the tort of Negligence. There are three essential elements that must be satisfied for one to successfully prove a claim of negligence.[14] It is prudent that the defendant must have owed the plaintiff a duty of care and the defendant breached that duty. Additionally, as a result of the breach it must be evinced that harm or loss has been suffered has been suffered. Duty of Care It is imperative to note that the definition of the duty of care has since been made capacious and it includes instances where one relies on the information given and the information is given negligently and leads to harm to the other parties.[15] In this case it is abundantly clear that Dapar Heating Systems Ltd has convinced Quashquell Construction Limited that the heating system is in good condition and that it is energy efficient. Quashquell Construction Limited relied on this information and it over the long haul caused harm to Sally, Sean and Amy. Dapar Heating Systems Ltd owes a duty of care to any person working Quashquell Construction Limited premises beaus ether act are likely to affect them. It can thus be conceded that they owe Sally, Sean and Amy a duty of care. The duty of care includes the duty to perform their work with standard and ordinary skill and care that a reasonable person doing the same task would have done.[16] The courts in Caparo Industries v Dickman[17] came up with a test for determining whether one owes another a duty of care. The court stated that the harm and injury that has been suffered should be one that was foreseeable.[18] Dapar Heating Systems Ltd was reckless yet the harm that the heating system brought to Sally, Sean and Amy was to all intents and purposes foreseeable. A legal relationship showing the proximity between the harm that has been suffered and the negligent act must be established.[19] It is not in doubt that there is a relationship of proximity between Dapar Heating Systems Ltd and the persons who work in Quashquell Construction Limited including Sally, Sean and Amy they are direct beneficiaries of the heating system. In the end the court s will ask if it is just and fair to impose a duty of care on the party alleged to be negligent.[20] It can be conceded that it is not only just and fair but it is also reasonable and practicable to impose a legal duty of care on Dapar Heating Systems Ltd. Breach of Duty of Care In Roe v Minister of Health[21] the court affirmed that for a negligence claim to be successful the standards of skill that has been manifested by the defendant must be below the ordinary skill that is expected. In determining the breach of duty of care the courts look at the probability of the harm occurring.[22] It is thus submitted that there was a high probability of the risk occurring if the installations done by Dapar Heating Systems Ltd were not done with the required standard of skill. The ordinary skill can be manifested by the fact that an independent expert was employed to conduct an assessment on the installation. This was an ordinarily skilled person of the same work qualification as the Dapar Heating Systems Ltd. The court will also consider the degree of harm that has been suffered and the harm suffered is overly minute then the claim will be banished upon arrival and it will not see the light of day.[23] The harm that has been suffered by Sally, Sean and Amy is so mat erial that the acts and omissions of Dapar Heating Systems Ltd will undoubtedly amount to a breach of the duty of care. The courts will also determine if the defendant had the opportunity to take any measures that would prevent the harm from occurring.[24] Indeed Dapar Heating Systems Ltd will have to show if they had taken any reasonable steps to prevent any accident that may have a deleterious impact. If the court discovers that they did not take any preventive and protective measures they will be held to be in breach of their duty of care. It gives added relevance to state that the courts will also seek to determine if the acts or omissions of the defendant were pursuant to a social purpose. The acts and omissions cannot be defined as being informed by a social suspect. The plaintiff in a negligence claim has to show that the defendant had breached their duty of care they owe them. However, if the facts of the case are too obvious and clearly show that the defendant was in breach the courts will apply the legal maxim of res ipsor loquitor.[25] Harm Suffered due to Breach of Duty The general rule in the law of tort is that the claimant must evince that they suffered harm, injury or loss as a result of the breach perpetrated by the defendant. The court in this case will apply the But for Test and will ask whether the harm would have occurred anyway even of the defendant did not breach their duty.[26] Amy fell down on the slippery floor and injured her uncle. Dapar Heating Systems Ltd may argue that the slippery floor was not part of their fault and are hence not liable for the injuries that visited Amy but if the plaintiff can contend that if it were not for the breach in the premises she would not have found herself in those circumstances. On the hand, it is clear that Sally and Sean have suffered severe injuries resulting from the breach of duty. Dapar Heating Systems Ltd have the option of conceding that the harm was foreseeable but the harm that Amy suffered occurred in unforeseeable circumstances. It is a settled position in Hughes v Lord Advocate[27] that a defendant may escape liability if they can prove that albeit the harm was foreseeable it occurred in a manner that could not be in the contemplation of the defendant. Suffice to say the court have also ruled that liability will not attach to the defendant if the claimants injury is one that he usually she easily suffers from independently.[28] The Dapar Heating Systems Ltd which is the possible defendant in this can argue that the negligence that is being alleged is contributory negligence. Contributory negligence arises in circumstances where the claimant failed on his part to take care of his safety and thus contributed to the injury that he has suffered.[29] The defendant company can thus argue that Amy contributed to the injury that she suffered because she negligently failed to know that the area had a slippery floor. In the case of Froom v Butcher[30] the defense of contributory negligence was successful because the claimant had failed to care of his safety by failing to put on the seatbelt Break of Chain of Causation Dapar Heating Systems Ltd can also rely on the argument that the chain of causation with regards to Amys injury was broken and thus the causal link between the negligent act and her injury does not exist. However, the courts have always given preference to the defense of contributory negligence rather than accept the argument on causal link as was seen in the case of Reeves v Commissioner of Police of the Metropolis.[31] This is a possible defense in the law of tort that says that the claimant has invited the injury to himself voluntarily. In this type of the defense the defendant argues that the claimant was aware of the nature of the risk.[32] Lord Denning noted that the defendant must also waive the right to bring a claim by expressly or impliedly agreeing to do so.[33] It is however submitted that such a defense may not be a strong defense because it is hard to believe that a claimant can volunteer to invite an injury to himself. The court may award special damages in cases of a successful claim of negligence to claimants who have incurred medical expenses and loss of income. This type of damages is awarded for pure economic loss. In this case Amy, Sally and Sean will be awarded special damages if they succeed in their claim because it is evident that they have suffered severe medical injuries and will require medical expenses. Incase they are not able to attend their daily work and hence lose income they will recover the amount of money they have lost by way of special damages. General Damages The court may also award general damages which are awarded for emotional pain and distress that may have undergone following the breach of duty and the injury caused. Amy, Sally and Sean can argue that they have suffered serious shock and pain flowing from the injuries that they have sustained. General damages are generally regarded as non economic damages because they can not be quantified. The amount of money awarded in this case is determined based on the discretion of the judge although in some jurisdictions they have placed legal limits on the amount of general damages that may awarded following each civil wrong. Bibliography Australian Development Corporation (ADC) v White Constructions (1996) 12 BCL 317. 2. Avon Insurance plc v Swire Fraser Ltd [2000] 1 All ER (Comm) 573, [2000] CLC 665 Barnett v Chelsea Kensington Hospital (1968)3 All ER 1068 Bisset v Wilkinson [1927] AC 177 Bolam v Friern Hospital Management Committee (1957) 1 WLR 582 Boucaut Bay Co Ltd v Commonwealth (1927) 40 CLR 98 Caparo Industries v Dickman (1990) 2 AC 605 Capps v Miller [1989] 1 WLR 839 Capital v Hampshire County Council (1997)QB 1004 CMA Assets Pty Ltd v John Holland Pty Ltd (2015)WASC217 Donoghue v. Stevenson (1932)UKHL 100 Fibrosa Spolka Akcyjna v Fairburn Lawson Combe Barbour Ltd (1943) AC 32 Froom v Butcher [1976] QB 286 Grant v Australian Knitting Mills (1936 )A.C. 562 Haley v London Electricity Board (1964) 3 WLR 479, Home Office v Dorset Yacht Club (1970) AC 1004 Hughes v Lord Advocate (1963) A.C. 837 (H.L.). J-Corp Pty Ltd v Mladenis (J-Corp) (2010) 26 BCL 106 Jerry Bennett Masonry Inc. v. Crossland Constr.Co. (2005) 171 S.W.3d 81 Kent v Griffiths (2000)2 WLR 1158 L Shaddock Associates Pty Ltd v Parramatta City Council [1981] HCA 59 L'Estrange v F Graucob Ltd [1934] 2 KB 394 Latimer v AEC Ltd (1952) 2 All ER 449 Nathan C, Lee C and Henry P,( 2014) Resolving Problems and Disputes on Construction. Nettleship v Weston [1971] 3 WLR 370 Reeves v Commissioner of Police of the Metropolis [2000] 1 AC 360 Roe v Minister of Health [1954] 2 All ER 131 Scott v London St Katherine's Docks (1865) 3 H C South Carolina Federal Savings Bank v. Thornton-Crosby (1992) SC 423 S.E.2d 114 Smith v Chadwick (1884) 9 App Cas 187 Smith v Charles Baker Sons [1891] AC 325 Paris v Stepney Borough Council (1951) 1 All ER 42, Watt v Hertfordshire County Council (1954) 1 WLR 835