Saturday, January 25, 2020
The Nestle Organistional Chart
The Nestle Organistional Chart According to Louis A. Allen as cited anon, Organisation is the process of identifying and grouping the work to be performed, defining and delegating responsibility and authority, and establishing relationship for the purpose of enabling people to work most effectively together in accomplishing objectives. According to Mooney and Railey, Organisation is the form of every human association for the attainment of a common purpose. In short, organizing is the determining, grouping and arranging of the various activities deemed necessary for the attainment of the objectives, the assigning of people to those activities, the providing of suitable physical factors of environment and the indicating of the relative authority delegated to each individual charged with the execution of each respective activity. (Anon.n.d) ORGANISATIONAL STRUCTURE The typically hierarchical arrangement of lines of authority, communications, rights and duties of an organization. Organizational structure determines how the roles, power and responsibilities are assigned, controlled, and coordinated, and how information flows between the different levels of management. Formal and informal organization A formal organization structure shows a recognisable chain of command, it also has many levels of management. This makes communication slower and decision making harder to implement. An informal structure is much more relaxed, with very few levels of management. This makes communication much easier between levels and decisions anr made faster. (Anon.n.d) Centralization and de-centralization Centralized organizational structures rely on one individual to make decisions and provide direction for the company. Small businesses often use this structure since the owner is responsible for the companys business operations. Decentralized organizational structures often have several individuals responsible for making business decisions and running the business. Decentralized organizations rely on a team environment at different levels in the business. Individuals at each level in the busi. (Osmond Vitez, Demand Media. (2009).) Span of control The number of subordinates that a manager or supervisor can directly control. This number varies with the type of work: complex, variable work reduces it to six, whereas routine, fixed work increases it to twenty or more.( http://www.businessdictionary.com) Product Structure The product structure describes the information thats needed, or is produced, at each phase of the lifecycle. The workflow is defined as a set of tasks, characterised by resources, events, associated information, responsibilities, decision criteria, procedures to be used, and standards to be applied (Product Lifecycle Management,2011) Advantages 1. allows the business to make relatively quick decisions, and locate all personnel related to each other together 2. Clear focus on market segment helps meet customers needs. 3. Positive competition between divisions 4. Better control as each division can act as a separate profit centre Disadvantages: Redundancies often exist across product organizations as functional responsibilities are duplicated under each product organization. Economies of scale and scope are more difficult to achieve as this organization structure encourages less cooperation and coordination across the product units. Regional structure: One which takes account of the exclusive membership of countries which are geographical neighbours and identify closely with each other politically, not including non-regional members, although there are also quasi-regional organisations whose membership is basically limited to a geographical area of interest but which in practice includes non-regional members (The Structure and Process of International Law: Essays in Legal Philosophy, Doctrine, and Theory,1983) Advantages: The country organization is capable of sensing and understanding local conditions and is able to formulate strategies which effectively meet the needs of local stakeholders. Policies in areas such as human resource management can be tailored to meet the needs and expectations of local employees, product mix and design can be optimized for local conditions, and the organization can respond more quickly to changing circumstances on the ground. Disadvantages: The disadvantages of the area structure are similar to those of the product structure. Economies of scale will be harder to achieve as different localities develop and implement very different product strategies on one hand, and invest resources in developing local functional expertise and effort which may well be duplicated unnecessarily across geographic units. Function Structure: A functional structure is based on the primary tasks that have to be carried out, such as production, finance and accounting, marketing and personnel. This structure is typically found in smaller companies or those with a narrow, rather than diverse, range of services (Managing Projects, Managing People,2008) Advantages Specialization each department focuses on its own work Accountability someone is responsible for the section Clarity know your and others roles Disadvantages Closed communication could lead to lack of focus Departments can become resistant to change Coordination may take too long Gap between top and bottom Matrix Structure A matrix structure is a combination of structures.it often takes the form of product and geographical divisions of functional and divisional structures operation in tandem (Managing Projects, Managing People,2008) Advantages: The matrix allows functional efficiencies to be achieved while also allowing for the management of discrete product lines. Product managers remain focused on specific customer and product issues, yet can tap into the specialized support systems offered by strong functions. Where a geographic dimension is included in the structure, country managers or other local personnel can devote their attention to the development of location specific strategies. Communication and information sharing may be facilitated through the multiple dimensions. Disadvantages: The matrix is complex and often involves additional coordination costs. Confusion and ambiguity may result from multiple reporting relationships as a single individual may receive conflicting direction from their various supervisors. Multidivisional Structure These divisions may be formed because of products, services, geographical areas or the processes of the organisation (Managing Projects, Managing People,2008) Advantages: Profitable growth: when each division is its own profit centre, individual profitability can be clearly evaluated Internal labor market: the most able divisional managers are promoted to become corporate managers Disadvantages Managing the corporate-divisional relationship: finding the balance between centralization and decentralization Coordination problems between divisions: divisions start competing for resources and rivalry prevents cooperation CULTURE Culture is the collective programming of the human mind that distinguishes the members of one human group from those of another (Foreign Market Entry and Culture,2009) Types of Culture Handys culture types (1978) The theorist Charles Handy identified the four main types of culture. Power culture wherever power is concentrated in a leader or top of the management team. Quite informal and flexible, it allows trusted staff to get on with the job. Role culture where the authority is arranged in a hierarchy and the power depends on formal status. Many rules and procedures can make change difficult. It is Mostly seen in large bureaucratic organizations. Task culture is purpose- and project-driven with leadership based on expertise for the task in hand. Often copes well with rapid change but may lack overall cohesion. Person culture stresses the individuals right to make decisions with shared rules only for mutual benefit. Effective for professionals and independent workers such as lawyers but may break up as conditions change. ((Kim Ann Zimmermann. (2012)) NESTLE ORGANISTIONAL CHART Functional Organization Chart Product http://www.nestle.com/asset-library/Documents/Library/Documents/Corporate_Governance/Oganisation_generale_externe_december_2012.pdf http://www.samsung.com/us/aboutsamsung/sustainability/sustainabilityreports/download/2012/2012_sustainability_rpt.pdf BIBLOGRAPHY Anon. (n.d). Definition, Meaning Characteristic of Organisation . Available: http://www.publishyourarticles.net/knowledge-hub/business-studies/organisation.html. Last accessed 9th Februray 2013. Anon. (n.d). Definition of formal and informal organization?. Available: http://wiki.answers.com/Q/Definition_of_formal_and_informal_organization. Last accessed 9th Feburary 2013. Osmond Vitez, Demand Media. (2009). Centralized Vs. Decentralized Organizational Structure. Available: http://smallbusiness.chron.com/centralized-vs-decentralized-organizational-structure-2785.html. Last accessed 9th Februray 2013. Kim Ann Zimmermann. (2012). What is Culture? Definition of Culture. Available: http://www.livescience.com/21478-what-is-culture-definition-of-culture.html. Last accessed 27TH FEBURARY 2013. Anon. (2012). regional structure. Available: http://www.eionet.europa.eu/gemet/concept?ns=1cp=7080. Last accessed 3rd march 2013. Anon. (2013). functional organization. Available: http://www.businessdictionary.com/definition/functional-organization.html. Last accessed 3rd march 2013. David Parker, Michael Craig, Michael A. Craig (2008). Managing Projects, Managing People. Australia : Macmillan Education AU. 23-26. Thomas Wagner (2009). Foreign Market Entry and Culture. Germany: GRIN Verlag. 2
Friday, January 17, 2020
Development Theory Essay
This coursework tends to analyze the case why Sally, a certain researcher, seems to lose her working will which caused her to be dull on her job. This paper discusses the applicable development theory which could explain the reason behind her said behavior towards her job. The development perspective or theory which could be applied to Sallyââ¬â¢s case is the Contextual theory. Contextual theory explains the development wherein the recent or various context of a certain personââ¬â¢s life influences her behavior. There are two major views in this development, the first one is the ecological theory and the second one is the life course theory (ââ¬Å"Contextual Theories,â⬠2007). Sallyââ¬â¢s case can be applied in the Life course theory which explains that the present life context of a certain person is a result of his or her historical time and place, timing of lives, link lives, and human agency and social constraints (ââ¬Å"Contextual Theories,â⬠2007). These major themes under the life course theory major view explains why Sally experiences her loss of mood towards her job. Historical time and place theme could explain the theory that maybe since Sally already worked for fifteen years in the small corporation and contributed lots of achievements, she might be feeling that she already did all she has to do with her job and that she does not have to further give major contributions to the company. Timing of lives theme could explain Sallyââ¬â¢s behavior towards her work because maybe there had been lots of distressing events that happened to her, link lives theme could provide the theory that maybe Sally loss her mood towards working because she is having a relationship problem within her family or even friends. Lastly, human agency and social constraints could explain that maybe; Sallyââ¬â¢s behavior is caused by some of her decisions in life such as deciding to resign on the future since she had been working for the company for a long time already. View Certain events that happen on a personââ¬â¢s life do indeed influence or affect a personââ¬â¢s present and even future behavior towards her life aspects such as work, relationship, and even decision-making. Therefore, the present behavior of a person is shaped by her lifeââ¬â¢s events from the past and even from the present as much as the social environment and/or place influences or impactââ¬â¢s a certain personââ¬â¢s behavior. Cultural Event and Analysis A certain and considered major cultural events that shaped the lives of families and children is the event when the world trade center had been bombed (ââ¬Å"TERRORISM ââ¬â WORLD TRADE CENTER â⬠2001). It causes families and children to experience trauma, loss of job, and even fear which as the time passed, were still a part of their everyday lives. Like for example, those children whose parents died because of that event are presently not studying or working but instead they became an addict of a certain substance such as alcohol because of the depression they were not able to contain. This case could be studied so as to why and how its result turned out that way by simply knowing the past events and influences on the childrenââ¬â¢s social environment. The present behavior of those who where affected by that certain event can be figured out by researching about that certain personââ¬â¢s past experiences, places he or she was living, and also knowing the other events that may have contributed on shaping that personââ¬â¢s behavior. References Contextual Theories [Electronic (2007). Version] from http://www. mc. maricopa. edu/dept/d46/psy/dev/Fall98/Theories/Context. html. TERRORISM ââ¬â WORLD TRADE CENTER [Electronic (2001). Version] from http://www. greatdreams. com/trade. htm.
Thursday, January 9, 2020
Essay on Dependence to Independence in Hills Like White...
Dependence to Independence in Hills Like White Elephants In Ernest Hemingwayââ¬â¢s ââ¬Å"Hills Like White Elephants,â⬠the lives of Jig and the American, the main characters, are put on display for a brief period of time. Jig and the man have had a romantic relationship for quite some time, and now their future together is in jeopardy. The impregnation of Jig has caused the American to pressure her into getting an abortion. We find these two individuals in the Valley of the Ebro. Traveling from Barcelona to Madrid, the couple takes these few minutes to discuss the future of their baby. Jig now must make one of the most important decisions of her life ââ¬â to have the abortion and stay with the American, or to have the baby and end theâ⬠¦show more contentâ⬠¦The presence of the sun symbolizes the ââ¬Å"rays of truthâ⬠. ââ¬Å"The American and the girl with him sat at a table in the shade.â⬠Hiding from the inevitable truth ââ¬â the inevitable topic of discussion, Jig and the male sit in the shade of the rail station. During Jig and the Americanââ¬â¢s first conversation, the girl is ââ¬Å"â⬠¦looking off at the line of hills. They were white in the sun and the country was brown and dryâ⬠¦. ââ¬ËThey [the hills] look like white elephants,ââ¬â¢ she said. ââ¬ËIââ¬â¢ve never seen one,ââ¬â¢ the man drank his beer. ââ¬ËNo, you wouldnââ¬â¢t have.ââ¬â¢ ââ¬ËI might have,ââ¬â¢ the man said. ââ¬ËJust because you say I wouldnââ¬â¢t have doesnââ¬â¢t prove anything.ââ¬â¢Ã¢â¬ The hills Jig are referring to offer insight into the situation at hand. Blurry, distant, and white, the hills that she stares at are representative of a pregnant womanââ¬â¢s stomach. The ââ¬Å"white elephantsâ⬠are emblematic of an item that is useless or unwanted. The ââ¬Å"white elephantâ⬠in this forty-minute encounter is the baby. S. Abdoo offers a further explanation of the hills in his essay, ââ¬Å"Hemingwayââ¬â¢s ââ¬ËHills Like White Elephantsâ⠬â¢Ã¢â¬ . ââ¬Å"â⬠¦she [Jig] ruminates that it is not so much that the hills look like elephants as that the color of them in the sun reminds her of the coloring of their skin (72). The association of words, from hills to elephants to skin, followed immediately by the Americans first allusion to abortion as an awfully simple operation (72),Show MoreRelatedSocietal Prejudice Against Women in Hills Like White Elephants926 Words à |à 4 Pages In the short story Hills Like White Elephants, Ernest Hemmingways characters situation is greatly a product of the social standards for men and women of the time around the 1930s. 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Wednesday, January 1, 2020
Why I Was A Competent Doctor - 863 Words
My story began when I received shocking news that my grandfather has passed away from a heart failure. Being a twelve years old immigrant, bilingual of Vietnamese American, I fully experienced the hardship of caring for a very ill family member. Unfortunately, my grandfather passed away. The feelings of emptiness consumed my inner being. He was one of my closest family members and was there to raise me. I felt completely helpless and powerless, unable to prevent my grandfather from passing away. I became frustrated and started to ponder if the turn of events would have been any different. If I had better insight to what medical care had to offer, I could have been able to advise my grandfather about his condition and perhaps his problem may have been preventable. I vowed that I would become a competent doctor to find the reason behind my grandfather s death and to make a real impact on this real life situation. I am determined to succeed. Before long, college started. To help meet end needs, I sought out a job as a medical assistant in an Ophthalmology office. First day on the job, I was directly involved in patient care. I began my involvement by witnessing the patients smiles from treatments that are successful, to holding their hands, padding their back, and comforting them from news of losing their sight. I was able to feel some of the deep inner satisfactions that the Ophthalmologist felt from the patients recoveries as a direct result of his medical adviceShow MoreRelatedThe Curious Case of Dax Cowart Essay example791 Words à |à 4 Pagesthis case in accord with four questions: can Dax Cowart refuse treatment, is no, why. If yes, then when could he be released, and if yes to the first question what would your decision be if Cowart asked for physician assisted suicide. I will be discussing the major points, consensus, and the reasons for the consensus from the committee. In addition, I will summarize the c ase and state my own opinion. 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Tuesday, December 24, 2019
Essay about Dubliners vs To The Lighthouse - 2348 Words
In Dubliners and To the Lighthouse, James Joyce and Virginia Woolf explore the depressing results of lives devoid of growth or meaning versus those who dare to live their lives in spite of all strife and adversity. Both concerned with the meaninglessness of stagnant lives, Joyce operating in pre-WWI Ireland, Woolf in England during and after the war. Joyceââ¬â¢s story The Dead and To the Lighthouse both reveal the despair of lives that occupy but do not fill the short span of time between birth and inevitable death. With The Dead, Joyce brings his lament for Irelands plight to its depressing yet strangely peaceful conclusion. Like other stories in Dubliners, The Dead tells quite a bit of the social depravity of an Ireland torn byâ⬠¦show more contentâ⬠¦Soon the reader must realize that all these celebrated figures are either long since dead, or living singers who are so obscure that only a single person has ever heard of them. It seems that the present society is totally de void of all beauty, for the glory of the past is lost, and the buds and timid blooms of the present are fatally obscured. Yet still these people gather yearly around the massive banquet table to engage again and again in the same sort of conversation, as Gabriel himself notes: But yet, continued Gabriel, his voice falling into a softer inflection, there are always in gatherings such as this sadder thoughts that will recur to our minds: thoughts of the past, of youth, of changes, of absent faces that we miss here to-night. Our path through life is strewn with many such sad memories: and were we to brood upon them always we could not find the heart to go on bravely with our work among the living. We have all of us living duties and living affections which claim, and rightly claim, our strenuous endeavors. (214) Gabriels speech to the assembled party is in quite a strange tone. Like many other characters in Dubliners, these people are preoccupied with thoughts of those who have not la sted another Christmas. With his talk of our work among the living, Gabriel seems to think either that he must remind everyone that they, too, are
Monday, December 16, 2019
Diet and Nutrition Free Essays
Overweight and obesity are among the most topical health related problems of our modern society. They are primarily associated with high risk for many terrible diseases, including heart attack, diabetes, etc. Recently, overwhelming majority of women and increasing amount of men are forced to pay serious attention on the meals they eat, to count the calories or to keep to some diet. We will write a custom essay sample on Diet and Nutrition or any similar topic only for you Order Now There is a great deal of information about dieting and following healthy nutrition-style available in contemporary mass media. There are special TV and radio programs, in which medical doctors or other specialists speculate about different diets and give valuable pieces of advice. It is possible to find special magazines and other editions, presenting one or another type of diets or weigh-loss programs for the general audience. Finally, there is abundance of Internet sites, dedicated to the problems of obesity and overweight. As a rule, the most of the recommendations, connected with dieting and putting off weight, are quite individual and must be specifically given for any particular person, taking into consideration his/her health and psychological conditions, present life-style, marital status and so on. But there are some common points and tips, which can be suggested to anyone, who is thinking about starting a new healthy nutrition and life-style. Speaking about diet, first of all, it is necessary to reduce the amount of highly caloric meals in daily ration. Primarily, those are baked and fried foods. Many diet specialists suggest total refusal of eating all sorts of bread and bakery, made from white refined wheat powder. At the same time, it is necessary to include some small amounts of household bread or graham crackers, because bread has some important rare nutrients, essential for human organism. Also, any type of fried food is considered to be dangerous and caloric. Fried and fatty meals are direct contribution into fat deposits, which are drastically increasing weigh of the body. The same can be said about sweet foods, especially sugar and its products. These foodstuffs are rich with glucose, which is a perfect source of energy, but, at the same time, can be easily conversed to fat. That is why one of the easiest and most common recommendations for fatty people is to lover the consumption of sugar, sweets and chocolate. Second important suggestion is decreasing the amount of junk food. Contemporary life is making us very busy and tired of our problems, children, offices, schools and all the things. That is why it is a good solution in many situations to use ready meals in fast food restaurants, or to prepare ready-to-cook products. At the same time, our favorite pizza, Big Mac or Whopper are simply caloric bombs. They are usually prepared on extremely dangerous fats or oils and have a lot of fat-containing ingredients, like cheese, sausages, etc. The third tip on improving nutritional habits is to avoid overeating and eating late at night. Dietologists suggest eating three-four times a day, serving a number of different meals in small portions. If hunger appears before the scheduled meal-time, some light yogurt, piece of fruit or tomato juice can be the best solution for handling it. Also, it is better to have dinner at least in two-three hours before going to bed. Certainly, not everything is based on correct nutrition and healthy food consumption in the program on putting off weight. Such activities like doing REGULAR physical exercises, being always moving and dynamic during the day, spending a lot of time outdoors and preferring active rest, are milestone points for people with extra weight. Besides, such spiritual practices, like yoga, proved to be very effective and supportive for those, who are trying to decrease own weight. If a woman is 5ââ¬â¢4â⬠³ tall and has 158 pounds of weight, she can find out (using some Internet resources or special comparative tables) that she is quite overweight, but, fortunately, not obese. That is why she does not need to keep to a strict exhausting diet, but some urgent steps must be done in order to put off her extra pounds. To do so, she needs to make some changes in her nutritional habits and establish some new rules of maintaining healthy life-style. To start with, she can adopt above mentioned recommendations, trying to lower the amount of fat and sugar in her daily meals and avoiding eating late at night. It would be necessary to learn cooking healthy meals, using as much as possible vegetables, cereals, fruit, meat, fish and other natural products. It would be healthy for all the family to give up eating macaroni or fried potatoes and enjoy delicious boiled or stewed foods, which are much more healthy and useful. Besides, she needs to re-schedule her daily routine and find more time for additional physical activity. For example, dieting can be perfectly supported by regular strolls or jogging. At the workplace it is better not to sit for long, or (if the work is connected with sitting) to do some frequent refreshing physical exercises. On the way home it is better to walk as much as possible, at least from the further parking place. Of course, it is good to use the opportunity of having active rest on weekends, like going out of the city, hiking, swimming, etc. The most important moment is: healthy nutrition and physical activity have to be regular. This will never work for people, who always put the things off until tomorrow and look for reasons to give up. Only doing regular exercises and always keeping away from unhealthy meals will work for good. This way, maintaining healthy life-style has to grow into a habit and work for keeping the body in normal weight for long time. That is why, in addition to everything above mentioned, it is also extremely important to get psychologically ready for the hard work on weight-loss plan. It will take enormous efforts to refuse some favorite meals, like cakes, hamburgers or fries; to follow the schedule of having meals; to learn how to cook new dishes; to find some time to do physical exercises or jogging, etc. It is necessary to remain focused on the goal and be ready to do everything possible to achieve it. Undoubtedly, dieting and following healthy life-style will bring some certain changes into daily activity of the woman. For instance, it may take some more time to cook more healthy meals, or some extra time will be required for doing exercises and outdoors activity. Thatââ¬â¢s why in the beginning her husband and children may feel lack of her attention; she may have no time for doing something she used to do; she can feel more tired and have lack of rest, etc. Nevertheless, in three or four months the first results will take place and the first pounds will disappear. By that time, the woman will definitely get into the swing of her new life-style and feel less pressure from the things to be done. Therefore, the first outcomes of her efforts will become clear. Sheââ¬â¢ll feel lighter and healthier, her self-esteem will rise and her capabilities will increase. This everything will immediately reflect on her family and bring to numerous positive reactions. How to cite Diet and Nutrition, Papers
Saturday, December 7, 2019
Discussion about Frank Perre v Apand Pty Ltd [1999] HCA 36
Question: Discuss about the Report for Frank Perre v Apand Pty Ltd [1999] HCA 36. Answer: Facts: The appellants are a group of farmers growing potatoes in South Australia and exports the produce to Western Australia. Because of the negligence of the Respondent a disease known as bacterial wilt got introduced into the land of one of the farmer. Due to the disease the Western Australian Regulation prohibited the import of the potatoes from the infected farms as well as farms that were nearby. The appellants therefore filed a case against the Respondent for claiming damages as the Respondent owe duty of care towards the Appellants. Issues: Whether the Respondent owed a duty of care to all the Appellants, even though they were not physically harmed because of the respondent, but they had to face the consequence of the negligence of the Respondent. Whether pure economic loss is an element for determining duty of care that the Respondent owed to the appellants. Relevant laws and principles: Duty of Care- this duty envisages that there should be a duty to avoid any reasonably foreseeable loss that might be caused to others due to a negligent act of the person who owes the duty. It is a legal obligation that requires an individual to adhere to a standard of foreseeable reasonable care that needs to be kept in mind while performing an act, so that no harm is inflicted on others. In Donoghue v Stevenson, the context was used referring to inflicting harm upon neighbours. Knowledge- is a factor that needs to be taken in consideration while examining the concept of duty of care as, having knowledge (either actual or accordance with a prudent person) about people who are vulnerable and would be harmed by the actions of the individual needs to be reasonably foreseen and there lies a duty of care towards those vulnerable class of people. Reasonable Foreseeability- this is one of the determining factors of duty of care, wherein the scope of foreseeability is measured in terms of an act or care a prudent man would take in normal circumstances, and would take precaution so as not to harm his neighbour (Donoghue v. Stevenson) Ascertainable class- when there exists a group of people who belong to a particular category and shall be affected if any harm is caused even to any one individual that forms a part of the class and the class that so gets affected is foreseeably ascertainable by a prudent man is known as an Ascertainable class. Vulnerability- Where the defendant holds more control over the impact on the plaintiff occurred due to the acts of the defendant, i.e. the plaintiff is vulnerable to the defendant then any economic loss caused to the plaintiff, defendant shall be liable for the same. Where the plaintiff himself owed a duty to take care of himself and protect himself from any economic loss, then the liability cannot be imposed on another, although the plaintiff was made more vulnerable due to the act of the defendant (Hill v Van Erp (1997) 188 CLR 159). Pure economic Loss- loss when in the form of physical injury is easily seen and can be calculated, but when a loss is in terms of economic aspect then the loss cannot be seen and it may arise taking in consideration a number of factors for its calculation, such as expected future loss, loss arising from that loss etc. the financial loss could be direct or indirect. Arguments of the parties and analysis: Arguments of the Appellants: the Appellants argued that they suffered economic loss because of the activities of the Respondent, as they were a vulnerable class and hence the Respondent is liable to pay damages for the loss suffered. Arguments of the Respondent: The case was argued by the Respondents on the sole basis as to whether there was a relationship between the Respondents and the appellants, so that the respondents are held liable for the pure economic loss of the appellants. Analysis: there are certain factors that need to be kept in mind while determining cases of duty of care and the negligence resulted in a pure economic loss. In the case of Fortuna Seafoods Pty Ltd v The Ship "Eternal Wind" [2005] QSC 4, before the Supreme Court of Queensland, Justice Douglas laid the following determinants for Duty of care: Harm was reasonably foreseen. The defendants had knowledge. There was no indeterminate liability. The defendant had knowledge that there was an ascertainable class. The damage was a resultant factor of the activities of the defendant. The duty of care would not result in loses suffered to the defendant himself. Keeping the above determinants in mind there are certain factors that needs to be seen in the present case. Firstly, the defendants were able to foresee the harm that if there is a bacterial wilt caused to one of the farms then farmers within a radius of 20km will be affected. Secondly the defendants had knowledge that the export of potatoes by the South Australians to West Australia is a lucrative business and any harm to the farms would result into economic losses to the Appellants. Thirdly, the liability could be determined on the basis of the loss caused due to prohibition of export for 5 years, which could be calculated on the basis of the previous profits earned by the farmers from such export. Fourthly, the Respondents knew that the appellants are an ascertained class of people and loss to one farm shall affect the entire class. Earlier this factor was not taken into consideration as in the case of Christopher v MV "Fiji Gas" (1993) Aust Torts Rep 81-202, the class determinant was not taken into consideration, however after the present case the situation changed and if the respondent/ defendant is aware that the injured person of the class ascertainable by the respondent then a duty of care was owed even to them. Fifthly, the respondents had no economic impairment because of the duty they owe and sixthly, the economic damage caused to the appellants is a direct consequence of the activities of the respondent. Conclusion and Court outcome: Decision: Out of the seven judges, five considered that the Respondent owes a duty of acre towards the Appellants. This judgement is a landmark judgment as it became possible to claim damages without any actual physical harm, but only for financial harm also. Parameters for the limitation of duty of care were not set by this judgment but various observations were made with respect to the concept of duty of care. According to GLEESON CJ., there is lack of precision in case of economic loss, as it is difficult to be calculated since it is not apparent and could be direct or indirect. Referring to the judgement of Lord Bridge of Harwich in Caparo Industries Plc v Dickman, Gleeson CJ, said that the duty of care is not a limited concept it is extended to the concepts of proximity and foresee ability and there cannot be a three stage test for it. He held that the damage caused to the appellants who were in the proximity of the damaged area is a case of reasonable foreseeability and the harm caused to a vulnerable class of people towards whom the Respondent owed a duty of care. GAUDRON J, also allowed the appeal, and also discussed about the relationship that the appellants had, which was that they were all interconnected in terms of ownership and working and processing of the potatoes, and as the land of one farmer was affected the others were also affected due to the relationship that they held with the infected lands farmer. He further examined that the liability of economic loss that was caused to the appellants is based on various factors and not just one factor can be taken into consideration while calculating the liability, the factors comprises of relationship of proximity, foreseeability, and other factors that comprise the duty of care. He also added that in the present situation the proximity can only identify the foreseeability of harm caused to the appellants. It was held that the Respondents knew that a class of people exists, who will be impaired of their legal rights if there happens to be a disease within 20km of the area where they worked and hence, the Respondents owed a duty of care to keep in mind this factor. Here the duty of care rests o the factor that the Respondent had control over the rights of the appellants and was able to inflict harm. Proximity was culled out from the factors determining economic loss as in case of economic loss it was earlier believed that, there is a gain to the other party or to a third party, i.e. there is a transfer of the financial gain to someone. Therefore it became necessary to prove that the other party had some kind of gain and that liability must be imposed upon him. The court parted from the above view in the present case as it believed that proximity is a category of indeterminate reference par excellence." McHugh J. was in favour of the determinants such as reasonable foreseeability, autonomy or control in the market, vulnerability, knowledge of the defendant and indeterminability of the liability. Kirby J, favoured the Caparo test that was ruled out by the majority. Conclusion: The judgement criticised 4 tests as they all suffered from some or the other glitch. In the Caparo test (Caparo Industries Plc v Dickman [1990] UKHL 2) the proximity concept is not useful in cases of pure economic harm. The determinants fair and reasonable are difficult to be set as a standard as it vary from people to people. In the Anns Test (Anns v Merton London Borough Council [1977] UKHL 4) knowledge was important which cannot be now considered in the present times in terms of duty of care. The test of Precise legal rights was also ruled out, as it cannot be said that there can be no liability on others if there has been no infringement of an already existing right. Pure economic loss was allowed in this judgement which still holds as a law of the land and is an authority in cases pertaining to liability of economic losses where duty of care is required. Supreme Court has also held the principles followed in the present case as being the law as was established in the judgment passed by the Supreme Court of Queensland in Fortuna Seafoods Pty Ltd v The Ship "Eternal Wind" [2005] QSC 4,wherein damages for economic loss were allowed. Vulnerability has been introduced in the concept of duty of care as one of the determinants after the decision of Perre v. Apand was passed.
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