Tort coursework Essay Example | Topics and Well Written Essays - 2500 words

Tort coursework - Essay Example Bloke can pursue damages against Ruff Ltd., Right. Ltd and Shoddy Plc under the Compensation Act 2006 since it permits joint liability when asbestos exposure can be attributed to two or more defendants.1 The test for determining whether or not a duty of care exist was first established by the landmark case of Donoghue v Stevenson. In this case Lord Atkin introduced the neighbour principle which is the accepted test used for ascertaining whether or not a duty of care is owed and to whom. According to this principle a duty of care exists in the sense that an individual is required to take all necessary precautions to prevent injury to one’s neighbour. ‘Who then in law is my neighbour? The answer seems to be persons who are so closely and directly affected by my act that I ought to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called to question’.2 Over the years the neighbour principle has become the cornerstone for all cases involving tortuous claims. In the leading case of Caparo Industries v Dickman the neighbour principle was elaborated on. It was held that in order to ascertain whether of not a duty of care existed there must be proximity of relationship between the parties. First and foremost, however, the resulting harm must have been foreseeable. Moreover, the imposition of a duty of care in the circumstances must be fair, just and equitable.3 In a later case it was held that the criteria set forth in Caparo Industries v Dickman was applicable and relevant in all subsequent cases.4 As to whether or not it is fair or just to impose a duty of care Lord Diplock addressed the issue in Dorset Yacht Co. Ltd v Home Office. He simply said that ‘the choice is exercised by making a policy decision whether or not a duty of care ought to exist.’5 In this case a successful claim was made against the Home Office in respect of Prison Officers when juvenile delinquents

Southwark Cathedral Millennium Project Essay Example | Topics and Well Written Essays - 1750 words

Southwark Cathedral Millennium Project - Essay Example The history of the Southwark Cathedral Millennium Project goes back as far as 1930 when it was first initiated. The main objective of this project was to create an environment that would be good enough to meet the emerging needs of not only the congregation, but also the visitors and staff. The financial support for this project came mainly from the Millennium Commission. The plans for the project included the construction of a new library building, refectory and shop. The exhibition space was also expected to be expanded under the Southwark Cathedral Millennium Project (Millennium Commission, 2010). As part of the project, the old buildings were also supposed to be upgraded and the surrounding environment which was degrading at the time was expected to be improved. In 1997, London-based architects, Elizabeth Banks Associates, were given the responsibility of redesigning the cathedral grounds with the help and recommendation of Richard Griffiths Associates, who were the lead architect of the establishment. The upgrading and improvements were finally completed in 2001 (Commission for Architecture and the Built Environment, 2011). The result was a recast churchyard and an improved access for the disabled. There were also new improved garden spaces and a public square which is found on the northern side of the cathedral. New refectory building and visitor centres were also added as part of the project. The project cost a total of 10,682,738 pounds and it was seen as part of the wider scheme of regenerating the south bank of the River Thames (Millennium Commission, 2010). Figure one below shows the Southwark Cathedral. Fig 1: Southwark Cathedral Courtesy of Anglican Mainstram OGC Gateway Review Model This project review will follow the OGC Gateway R eview Model, which is designed to confirm whether or not the expected benefits of a project have been achieved and operations are running smoothly. This review model is based on six main aspects. These are: review of operating phase, business case and benefits management, plans for ongoing improvements in value for money, plans for ongoing improvements in performance and innovation, review of organizational learning and maturity targets and readiness for the future (Office of Government Commerce, 2010). In 1997, Elizabeth Banks Associates (EBA) was given the task of working on the Southwark project after a recommendation by the official architects of the Cathedral, Richard Griffiths Architects. The other project team members included: Max Fordham Associates who were in charge of the services, Alan Baxter Associates as the structural engineers, Citex were the project managers, Bucknall Austin were the quantity surveyors while the Pre-construction Archaeology provided Archaeological s urveying services. Sutton Vane Associates were in charge of lighting throughout the project duration. Their main