Sunday, May 10, 2020
Research Papers on Corrosion: How to Find Them For Free Online
<h1>Research Papers on Corrosion: How to Find Them For Free Online</h1><p>While the facts confirm that anybody can discover and look for erosion inquire about papers on the web, it's not generally as simple as you would might suspect. There are such a large number of darken however significant subjects that can be investigated effectively on the web, yet it's anything but difficult to simply get lost when searching for look into papers on consumption. Nonetheless, with a brief period and exertion, anybody will have the option to discover what they're searching for in a basic matter of minutes.</p><p></p><p>Since the web is so well known and simple to use, there are additionally numerous sites that offer profoundly altered administrations for inquiring about erosion papers. They offer colossal assistance, regardless of whether you are searching for look into papers on consumption or some other subject, you can discover what you need in minutes . In the accompanying passages, we'll take a gander at a portion of the things you can discover while looking into consumption papers.</p><p></p><p>First of all, the principal thing you ought to do is discover a site that offers a free preliminary enrollment and a lot of data for investigating erosion. The primary concern you should detract from this is you should examine each subject on your own.</p><p></p><p>The uplifting news is that you can look at proficient foundation, which will likewise give you a smart thought about how much data you should erosion inquire about papers. This is particularly significant on the off chance that you need to find out about the subject of research papers on corrosion.</p><p></p><p>There are a lot of assets that offer you a free report on consumption, however on the off chance that you need to ensure that you will have the option to get a full report of the subject, you ought to go with an organization that is notable and who has an enormous number of clients. Search for those organizations who offer a free multi day preliminary and have an enormous number of clients. Along these lines, you will have the option to encounter in the event that they can offer you precisely what you want.</p><p></p><p>Besides picking a legitimate organization and reaching them straightforwardly, you ought to likewise perform appropriate research and discover what sort of help they offer, which can decide whether they are dependable or not. It's in every case great to test their organization and check whether you get what you anticipate from them.</p><p></p><p>Even on the off chance that you are a specialist in the field of erosion investigate papers, there is no issue in finding the correct hotspots for the exploration you need. The main thing you have to do is inquire about a few research papers on erosion to get an away from of what you need. All things considered, you are the person who ought to invest the energy in finding the examination papers on erosion for your own utilization, not somebody else.</p>
Opinions Are Not Completely True, But They Are Not Completely Wrong
<h1>Opinions Are Not Completely True, But They Are Not Completely Wrong</h1><p>There are numerous stubborn paper themes to look over, and it's significant that you be certain that the thoughts that you express in your article are strong and valid. Nowadays, we are shelled with suppositions on everything and anything, yet not every one of them are grounded in fact.</p><p></p><p>If you are composing for a class task or other explanation, and you have a comment however would prefer not to make a genuine belief that could humiliate you, you can utilize articles about feeling as another option. Conclusions are additionally extraordinary for articles since they permit you to communicate your contemplations, regardless of whether they're not intended to be negative. That is the way they heard their name - thoughts aren't in every case totally right, but on the other hand they're not in every case totally right.</p><p></p><p>W riting a paper is a decent method to communicate, regardless of whether you don't trust in what you're stating. You may be a veggie lover and need to communicate your perspectives on creatures or a vegetarian and need to communicate your perspectives on basic entitlements. Utilize your thoughts regarding obstinate article themes as an approach to communicate your perspectives and express what is on your mind without utilizing words like 'God,' 'Christ,' or 'karma.'</p><p></p><p>Because the subjects are situated in sentiment, the suppositions that you express can be valid or bogus, and everything relies upon how you put it. You can utilize sentiments about nourishment to make contentions possibly in support of vegetarianism, and you can utilize suppositions about the world and religion to contend that a specific religion is correct or wrong. The equivalent goes for expounding on your feelings on specific approaches, for example, school decision and contract sc hools.</p><p></p><p>Whether or not your particular sentiment is substantial is up to you, yet you need to consider what your perspectives are before communicating them. It's alright to state that you're a skeptic, yet you can't state that you're a freethinker. Saying something and having the option to back it up is significant much of the time, so you should check your facts.</p><p></p><p>Opinions are regularly more mainstream than realities, so there are a lot of article points to look over that include assessments. You may be expounding on an individual you appreciate, or you may be expounding on the impact religion has on your life. Notwithstanding the theme, you ought to have the option to discover a few conclusions that you concur with.</p><p></p><p>While you can't state that all that you can't help contradicting is an alternate supposition, it's as yet essential to discover where you stand. Since sentiment s are situated in conclusion, you ought to consider the perspectives of the individuals who can't help contradicting you. There's nothing amiss with communicating in a manner that is dubious, yet you shouldn't imagine that yours is the main assessment out there.</p><p></p><p>Facts are significant, however they ought to never be utilized as a support for having a genuine belief. On the off chance that you are in conflict with somebody, you ought to tune in to what they need to state and use realities to help your sentiments rather than any close to home emotions. Disregarding realities will just prompt an awful exposition that everybody blows up about.</p>
Friday, May 8, 2020
Best Ways to Complete Your Final Research Paper on Human Resources
Best Ways to Complete Your Final Research Paper on Human ResourcesThe best ways to complete your final research paper on human resources include online or correspondence style, as well as final research paper options that you can send in as both a hard copy or an electronic document. The internet is a great resource when it comes to completing your final research paper for human resources, especially if you are unsure of what format you should use.If you wish to complete your research paper on human resources through your own computer, you can choose either basic hard copies or electronic formats. You have several different choices to help you finish the perfect report for your HR topic. In addition, you should be aware that basic hard copies may not be sufficient for final research paper on human resources because they are not able to fit all of the information you wish to include in the paper.You will also want to know that online options for completing your research paper on human resources will be the most efficient way to complete the final research paper. This is because you will be able to save time in typing the report. Moreover, you will be able to save money when compared to purchasing hard copies.When you are planning your HR topics and on topics, you should have prepared at least one paragraph that you can add in order to focus on the topic in question. This paragraph is required for your final research paper on human resources because it will help the reader to understand what you want to communicate through your paper. By providing a paragraph that provides this information, you will be able to relate the rest of your paper.For example, if you are planning to write about what the new federal tax reform will mean for HR topics and on topics, you should include a sentence in your final research paper on human resources that focuses on how this tax reform will affect the HR department. You should also include in your final research paper on human res ources that any changes you see in the HR department can also be found throughout the agency.In addition, you should also make sure that your research paper on human resources is based on facts. If you do not provide accurate information in your final research paper on human resources, the reader will be unable to understand what you want to convey in your document. The reader will be unable to connect the subject matter of your paper with the facts that you provide in your document.If you want to work on HR topics and on topics, you should not worry about spending more time with an assistant than needed to complete the research. If you must hire a research assistant, choose one that is devoted to your work and who is knowledgeable in your topic. You should also make sure that you research the exact information that you need for your final research paper on human resources.In order to accomplish this, you should review the topic, look up information, and obtain as much information a s possible before you begin writing your final research paper on human resources. You should also write the first draft in the first person. Doing this will ensure that you are writing in the specific voice of your audience.
Best Research Essay Topics - How to Find the Topic That Is Right For You
Best Research Essay Topics - How to Find the Topic That Is Right For YouThe best research essay topics are those that have been researched. There are numerous ways to research for your essay topic.Research can be done online, offline, and in the classroom. You can make use of textbooks, free internet resources, and even magazines. All of these have the same purpose, to inform, enlighten, inform, and to enlighten.The Internet is a reliable resource. It can offer you instant results on any topic you want to write about. You can research a topic on the internet, but the best research technique is to conduct a background search. The keyword search will also give you good results.By taking a look at various forums, blogs, and other online resources, you will find the best research topic you are seeking. If you want to have a good solid research subject, a good place to start is online educational resources like U.S. News and World Report, the Harvard Educational Review, 'College Reads', a nd Poynter's 'Academic Wire'. These are the best resources available online.But, as they all say, the best research is done offline. There are several ways to conduct a background search.Another great free research method is a search on Google and Yahoo, where there are thousands of websites that offer background information on an individual, company, and or topic. You can search in the websites to find useful information.For best research essay topics, it is important to keep in mind the exact topic you are looking for. You should know that research technique would help you, which one would benefit you the most, and which one would help you save time and money.
Wednesday, May 6, 2020
School Uniforms - 939 Words
The debate over mandatory school uniforms is a raging topic in our country. Proponents of school uniforms conclude that there are many potential benefits to mandatory school uniforms, while opponents heartily challenge their claims. Potential benefits include: socioeconomic equalization, reduction in student violence and theft, restriction of gang activity, and improved focus in classrooms. Although these benefits would vastly improve our public education system, there is no clear evidence that school uniforms improve any of the problem areas above. Mandatory uniforms would actually potentially cause problems, such as a violation of freedom of expression, and not allowing our youth to become independent and self-confident. In 1996â⬠¦show more contentâ⬠¦To distinguish if any major changes had occurred in students behaviors the researchers performed a regression analysis, meaning, that if there was a strong tie in the data between any two variables if would show a high correlat ion coefficient. A coefficient near 0 indicates no relationship, a coefficient of 1 or more shows a considerable change. The study confirmed no high coefficients. So after many years of analysis NELS researchers proved that school uniforms have no significant impact on improving behavioral issues. Mandatory school uniforms are not the answer. Uniform policies are ââ¬Å"nothing more than a Band-Aid that fails to address the real causes of youth violence.â⬠(Svensen) Mandatory policies such as uniforms also send the message that conformity is important, not creativity, and that authorities can abuse power while hindering our constitutional rights to free speech and expression. Children need to learn to be individuals. As kids grow older and become adults it should be in their power how they want to physically express themselves in everyday life. Self expression is crucial to a childs sense of independence and self-confidence. Todayââ¬â¢s youth needs to have that ââ¬Å"health y transitionâ⬠(Kendrick) from adolescence to adulthood. How else will they become the well adjusted adults we all hope they will be? It is clear that this is a sensitive topic for many people, and it should be. Our future is in the hands of our youth. As a countryShow MoreRelatedSchool Uniforms And Schools Uniforms1211 Words à |à 5 PagesSchool uniforms began their revolution in private schools; they represented a unique appearance, and provided a safe environment for the students attending. Private and Catholic schools were clever enough for implementing school uniforms, because without their influence public schools would have not adapted on creating a dress code for students. By introducing school uniforms in school policies they have managed to impact students learning environment in reducing stress, changing studentsââ¬â¢ behaviorRead MoreUniforms in School726 Words à |à 3 PagesThe standard issue school uniform of khaki, navy and white once exclusive to the priv ate parochial institutions is becoming a common requirement in public schools across the nation. This trend that was first suggested for public schools in 1980 by then D. C. mayor, Marion Barry, to help diminish the social stigma of low income students has grown significantly in both numbers and reasons (Lawrence, 2013). In 2010, it was reported by the National Center for Education Statistics, that nearly 19% ofRead MoreSchool Uniform And School Uniforms937 Words à |à 4 PagesSchool Uniform School uniforms keep students focused on their education not in their clothings. When all students are wearing the same outfit, they are less concerned about how they look and how they fit in with their peers. Itââ¬â¢s easier for parent and students do not spend time choosing appropriate outfit for school day. It helps students can only concentrate on their schoolwork. Education is one of the big institutions for every kid that go to school. Also education is the roots that will help peopleRead MoreSchools and Uniforms733 Words à |à 3 PagesSchool Uniforms Uniforms in schools are a big debate around the world. Should we have uniforms in schools? The answer is yes because uniform help the schools. They bring to table a great deal of help because students are getting bullied, killed, and some may not have as much as other when shopping for clothes. Having uniforms bring safety to schools and what goes on after school. Why do we need uniforms? Most student have their own style, but a common argument against school uniforms is thatRead MoreSchool Uniforms And Schools Uniforms819 Words à |à 4 Pagesas school uniforms, many are quick to deem them as unjust and avoidable. What these individuals do not know is that, in fact, school uniforms would enhance how the learning environment functions. Surely, when schools provide their students with uniforms, they are not providing their students with dreadful apparel, they are providing their students with an opportunity to change; whether it be a chance for a student to change their role academically, or a chance for a student to fit in. School uniformsRead MoreSchool Uniforms1143 Words à |à 5 PagesSchool uniforms make things more complicated Firstly, school is the place where all of us step in at a very tender age. In one word, life begins at school. Itââ¬â¢s not just education but school gives us the platform to nurture our faith, emotions in such an early stage of life. The importance of making friends, working as a team- we learn all these in school. And wearing the same dress definitely brings a sense of unity among students. In every school there are students from different backgrounds butRead MoreSchool Uniforms: Yes or No?2109 Words à |à 9 Pages3 March 2011 School Uniforms: A Non-Military Proposal for Swedens Students The word school uniform has negative connotations for many people. It makes them think of war, of soldier, of death, brainwashed airheads doing exactly the same as everybody else. It makes them think of reformed, collectivized groups of people with no personal identity. There are, however, reasons for the existence of the uniform; one of them being, as the name suggests, the purpose of uniting. At schools all around theRead MoreDress Codes And School Uniforms1248 Words à |à 5 Pagesembarrassing than being dress coded at school? Enforcing a dress code among children is unfair because it not only discriminates against people but it destroys someoneââ¬â¢s whole day. Dress codes and school uniforms are meant to increase student achievement and make everyone equal but instead it only hurts people. Most school dress codes are unnecessary and are sexist. Enforcing dress codes is suppose to boost student achievement but instead is racist, sexist and unnecessary. Schools should take in to considerationRead MoreShould School Uniforms For Wear Uniforms?969 Words à |à 4 Pagesrequired to wear uniforms? In todayââ¬â¢s society this is a very controversial subject across America. Many object uniforms because they feel uniforms don t allow students to have the freedom to express themselves the way they want. People feel uniforms undermine children s individuality. However, taking into consideration facts from both sides, what remains most important is the child s academics. To improve academics, schools should require all students to wear a uniform. Though uniforms may not be theRead MoreAre School Uniforms Beneficial Or Not?1098 Words à |à 5 PagesAre School Uniforms Beneficial or Not? How does dressing and feeling the same as everybody else sound? Would it be enjoyable, or would it be no fun? According to Procon.org, the first recorded use of school uniforms in the United States was in 1994. In Europe around the early sixteenth century, school uniforms were made to tell the difference between poor students to the charity schools as opposed to other children. In London people thought that schools without uniforms were to be looked at as lower
Succubus Blues CHAPTER 21 Free Essays
string(31) " written note hung on my door\." I had no boyfriend. Despite all the uncertainties in my world, that at least was one thing I could feel confident about. Unfortunately, this nephilim apparently had a more optimistic view of my love life. We will write a custom essay sample on Succubus Blues CHAPTER 21 or any similar topic only for you Order Now ââ¬Å"I donââ¬â¢t know who youââ¬â¢re talking about,â⬠I shouted to my empty office. ââ¬Å"Do you hear me, you son of a bitch? I donââ¬â¢t know who youââ¬â¢re fucking talking about!â⬠No one responded. Paige, passing by a moment later, stuck her head inside. ââ¬Å"Did you call me?â⬠ââ¬Å"No,â⬠I grumbled. She wore a dress that clung distinctly to her swelling belly. It didnââ¬â¢t help my mood any. ââ¬Å"Just talking to myself.â⬠I closed the door after she left. My immediate impulse was to run for help. Carter. Jerome. Somebody. Anybody. I couldnââ¬â¢t deal with this alone. Fail ââ¬â or involve any of your immortal contacts ââ¬â and no amount of ââ¬Å"safekeepingâ⬠will do him any good. Damn it. I didnââ¬â¢t even know who ââ¬Å"heâ⬠was. Frantically, I tried to figure out who among my mortal acquaintances could have been mistaken by the nephilim as something more. As if it wasnââ¬â¢t hard enough being my friend already. Surprisingly ââ¬â or perhaps not ââ¬â my thoughts promptly strayed to Seth. I thought about our recent rapport. Censored and proper certainly, but still warm. Still right and natural. Still occasionally making me catch my breath when we touched. No, that was stupid. My fascination with him was shallow. His books made me suffer from hero worship, and our friendship had become a sort of rebound from Roman. Whatever crush or minor attraction heââ¬â¢d had for me had to be fading fast. Heââ¬â¢d shown no other indications of more-than-friends feelings, and my distancing had to be having an effect. Besides, he still kept disappearing for mysterious meetings, probably for some girl he was too shy to tell me about. It was presumptuous of me to even consider him in a boyfriend category. Yetâ⬠¦ would the nephilim know any of that? Who knew what the bastard was thinking? If it had observed Seth and me having our coffee chats, it might assume anything. Fear clenched me, making me want to immediately run upstairs and check on Seth. But no. That would be a waste, for now at least. He was writing, in public, surrounded by people. The nephilim would not attack him in such a setting. Who else then? Warren perhaps? That voyeur nephilim had watched us have sex. If that didnââ¬â¢t count as some sort of relationship, I didnââ¬â¢t know what did. Of course, the nephilim would have also observed that Warren and I almost never interacted in any other intimate way. Poor Warren. Sex with me had already wiped him out; it would be beyond cruel if he became a target for the nephilimââ¬â¢s bizarrely misplaced humor. Fortunately, I had already seen Warren come in today. He was busy in his office, but perhaps that still counted as safe. Alone he might be, but any screams from a nephilim attack would immediately draw attention. Doug? He and I had always had a perky flirtation. Certainly one might consider his sporadic pursuit of me indicative of something more than friendship. Yet, in the last few weeks, he and I hadnââ¬â¢t talked very much. Iââ¬â¢d been too distracted by the nephilim attacks. Those, and Roman. Ah, Roman. There it was, the possibility that had been hovering in the back of my mind. The reality Iââ¬â¢d been avoiding because it meant contacting him, breaking the silence Iââ¬â¢d tried so hard to maintain. I didnââ¬â¢t know what was between us, other than a scorching attraction and the occasional tug of solidarity. I didnââ¬â¢t know if it was love or the start of love or whatever. But I knew I cared about him. A lot. I missed him. Cutting myself off completely had been the safest way to recover, to get over my longing and move on. I feared what reinitiating contact could do. And yetâ⬠¦ because I cared about him, I could not let this nephilim prey upon him. I could not risk Romanââ¬â¢s life in this because, really, he probably was the most likely candidate. Half the bookstore staff still considered us an item; why not the nephilim ? Especially in light of how touchy-feely weââ¬â¢d been on a number of outings. Any stalking nephilim would be well justified in reading that as romantic attachment I picked up my cell phone and called him with bated breath. No answer. ââ¬Å"Shit,â⬠I swore, listening to his voice mail. ââ¬Å"Hi Roman, itââ¬â¢s me. I know I wasnââ¬â¢t, uh, going to call you anymore, but somethingââ¬â¢s come upâ⬠¦ and I really need to talk to you. As soon as possible. Itââ¬â¢s really weird, but itââ¬â¢s really important too. Please call me.â⬠I left him both my cell and the bookstore numbers. I disconnected, then sat and pondered. Now what did I do? On impulse, I glanced at the staff directory and dialed Dougââ¬â¢s home number. He had the day off. No answer, just like Roman. Where was everybody? Shifting my attention back to Roman, I tried to figure out where he would be. Work, most likely. Unfortunately, I didnââ¬â¢t know where that was. What a negligent pseudo-girlfriend I was. Heââ¬â¢d said he taught at a community college. He referred to it all the time, but it was always ââ¬Å"at schoolâ⬠or ââ¬Å"at the college.â⬠Heââ¬â¢d never mentioned the name. I turned to my computer and did a search for local community colleges. When the search returned several hits for Seattle alone, I swore again. More existed outside of the city too, in the suburbs and neighboring sister cities. Any of them could be possibilities. I printed out a list of all of them, with phone numbers, and stuffed the paper in my purse. I needed to get out of here, needed to take this search to the field. I opened my office door to leave and flinched. Another identically written note hung on my door. You read "Succubus Blues CHAPTER 21" in category "Essay examples" I peered around in the officesââ¬â¢ hallway, half hoping to see something. Nothing. I pulled the note down and opened it. Youââ¬â¢re losing time and men. Youââ¬â¢ve already lost the writer. Youââ¬â¢d best get a move-on with this scavenger hunt. ââ¬Å"Scavenger hunt indeed,â⬠I muttered, crumpling the note. ââ¬Å"Youââ¬â¢re such an asshole.â⬠Butâ⬠¦ what did he mean about losing the writer? Seth? My pulse quickened, and I raced up to the cafe, earning a few startled looks along the way. No Seth. His corner was empty. ââ¬Å"Whereââ¬â¢s Seth?â⬠I demanded of Bruce. ââ¬Å"He was just here.â⬠ââ¬Å"He was,â⬠concurred the barista. ââ¬Å"Then he suddenly packed up and left.â⬠ââ¬Å"Thanks.â⬠I definitely needed to get out of here. I found Paige in New Books. ââ¬Å"I think I need to go home,â⬠I told her. ââ¬Å"Iââ¬â¢m getting a migraine. ââ¬Å" She looked startled. I had the best track record for attendance of any employee. I never called in sick. Yet, for that very reason, she could hardly refuse me. I was not a worker who abused the system. After sheââ¬â¢d assured me I should go, I added, ââ¬Å"Maybe you can get Doug to come in.â⬠That would kill two birds with one stone. ââ¬Å"Maybe,â⬠she said. ââ¬Å"Iââ¬â¢m sure weââ¬â¢ll manage, though. Warren and I are here all day.â⬠ââ¬Å"Heââ¬â¢s here all day?â⬠When she reiterated that he would indeed be there, I felt somewhat relieved. Okay. He was off the list. As I walked home to my apartment, I called Sethââ¬â¢s cell phone. ââ¬Å"Where are you?â⬠I asked. ââ¬Å"Home. I forgot some notes I needed.â⬠Home? Alone? ââ¬Å"Do you want to get breakfast with me?â⬠I asked suddenly, needing to get him out. ââ¬Å"Itââ¬â¢s almost one.â⬠ââ¬Å"Brunch? Lunch?â⬠ââ¬Å"Arenââ¬â¢t you at work?â⬠ââ¬Å"I went home sick.â⬠ââ¬Å"Are you sick?â⬠ââ¬Å"No. Just meet me.â⬠I gave him an address and hung up. As I drove to the rendezvous, I tried Romanââ¬â¢s cell again. Voice mail. I pulled out the community college phone numbers and started with the first one on the list. What a pain. First, I had to start with campus information and try to get to the right department. Most community colleges didnââ¬â¢t even have linguistics departments, though almost all had at least one introductory class taught through some other related area ââ¬â like anthropology or humanities. I made it through three colleges by the time I reached Capitol Hill. I breathed a sigh of relief, seeing Seth waiting outside the place Iââ¬â¢d indicated. After I parked and paid the meter, I walked up to him, trying to smile in some semblance of normality. It apparently didnââ¬â¢t work. ââ¬Å"Whatââ¬â¢s wrong?â⬠ââ¬Å"Nothing, nothing,â⬠I proclaimed cheerfully. Too cheerfully. His look implied disbelief, but he let the matter drop. ââ¬Å"Are we eating here?â⬠ââ¬Å"Yup. But first we have to go see Doug.â⬠ââ¬Å"Doug?â⬠Sethââ¬â¢s confusion deepened. I led him to an apartment building next door and climbed to Dougââ¬â¢s floor. Music blared from inside his apartment, which I took as a good sign. I had to beat on the door three times before anyone answered. It wasnââ¬â¢t Doug. It was his roommate. He looked stoned. ââ¬Å"Is Doug here?â⬠He blinked at me and scratched his long, unkempt hair. ââ¬Å"Doug?â⬠he asked. ââ¬Å"Yeah, Doug Sato.â⬠ââ¬Å"Oh, Doug. Yeah.â⬠ââ¬Å"Yeah, heââ¬â¢s here?â⬠ââ¬Å"No, man. Heââ¬â¢sâ⬠¦Ã¢â¬ The guy squinted. Lord, who got high this early in the day? I hadnââ¬â¢t even done that back in the 1960s. ââ¬Å"Heââ¬â¢s practicing.â⬠ââ¬Å"Where? Where do they practice?â⬠The guy stared at me. ââ¬Å"Where do they practice?â⬠I repeated. ââ¬Å"Dude, did you know you have, like, the most perfect tits Iââ¬â¢ve ever seen? Theyââ¬â¢re likeâ⬠¦ poetry. Are they real?â⬠I clenched my teeth. ââ¬Å"Where. Does. Doug. Practice?â⬠He dragged his eyes from my chest. ââ¬Å"West Seattle. Over by Alki.â⬠ââ¬Å"Do you have an address?â⬠ââ¬Å"Itââ¬â¢s byâ⬠¦ California and Alaska.â⬠He blinked again. ââ¬Å"Whoa. California and Alaska. Get it?â⬠ââ¬Å"An address?â⬠ââ¬Å"Itââ¬â¢s green. You canââ¬â¢t miss it.â⬠When no other information came, Seth and I left. We went to the restaurant I had indicated. ââ¬Å"Poetry,â⬠he reflected along the way, amused. ââ¬Å"Like an ee cummings poem, Iââ¬â¢d say.â⬠I was too preoccupied to process what he was saying, my mind racing. Even waffles with strawberries couldnââ¬â¢t keep me from worrying about this idiotic scavenger hunt. Seth attempted conversation, but my answers were vague and distracted, my mind clearly not with him through the meal. When we finished, I unsuccessfully tried Roman again, then turned to Seth. ââ¬Å"Are you going back to the bookstore?â⬠He shook his head. ââ¬Å"No. Iââ¬â¢m going home. I realized I need too much of my research to write this scene. Easier to stay in my own office.â⬠Panic blazed through me. ââ¬Å"Home? Butâ⬠¦Ã¢â¬ What could I say? Tell him that if he stayed at home, he might be in danger of attack by a sociopathic, supernatural creature? ââ¬Å"Stay with me,â⬠I blurted out. ââ¬Å"Run errands with me.â⬠His polite complacency finally broke. ââ¬Å"Georgina, what in the world is going on? You go home sick when youââ¬â¢re not. Youââ¬â¢re clearly agitated about something, desperately so. Tell me what this is about. Is something wrong with Doug?â⬠I closed my eyes for a second, wishing this was all over. Wishing I was somewhere else. Or someone else. Seth must think I was out of my mind. ââ¬Å"I canââ¬â¢t tell you whatââ¬â¢s wrong, only that something is. You have to leave it at that.â⬠Then, hesitantly, I reached out and squeezed his hand, turning my eyes pleadingly toward his. ââ¬Å"Please. Stay with me.â⬠He tightened his grip on my hand and took a step forward, face concerned and compassionate. For a moment, I forgot about the nephilim. What did other men matter when Seth looked at me like that? I had the urge to embrace him and feel his arms enclose me. I almost laughed. Who was I kidding? I didnââ¬â¢t need to worry about leading him on. I was the one getting hooked here. I was the one in danger of escalating this relationship. I needed to stop procrastinating on my ââ¬Å"clean breakâ⬠with him. I hastily broke apart and lowered my eyes. ââ¬Å"Thank you.â⬠He offered to drive to West Seattle, freeing me up to keep calling colleges. I had nearly finished by the time we reached the intersection of Alaska and California. He slowed slightly, and we both peered around, searching for a green house. You canââ¬â¢t miss it.It was a stupid piece of advice. What constituted green anyway? I saw a sage house, a forest green house, and a color that could have been green or blue. Some houses had green trim, green doors, or ââ¬â ââ¬Å"Whoa,â⬠said Seth. A small, run-down house painted a glaring shade of mintish lime stood there, nearly obscured by two much nicer houses. ââ¬Å"You canââ¬â¢t miss it,â⬠I muttered. We parked and walked toward it. As we did, the sounds of Dougââ¬â¢s band clearly emanated from the garage. When we reached the open door, I saw Nocturnal Admission in full glory, Doug belting out lyrics in that amazing voice of his. He cut off abruptly when he saw me. ââ¬Å"Kincaid?â⬠His fellow band members looked on quizzically as he jumped down and sprinted over to me. Seth discretely took a few steps away, studying some nearby hydrangea bushes. ââ¬Å"What are you doing here?â⬠asked Doug, not offended so much as astounded. ââ¬Å"I called in sick,â⬠I said stupidly. What did I do now? ââ¬Å"Are you sick?â⬠ââ¬Å"No. I ââ¬â I had something to do. Still do. But Iââ¬â¢mâ⬠¦ Iââ¬â¢m worried about leaving the store. How long will you be here? Can you fill in for me after this?â⬠ââ¬Å"You came here to ask me to cover for you? Whyââ¬â¢d you call in sick? Are you finally running away with Mortensen?â⬠ââ¬Å"I ââ¬â no. I canââ¬â¢t explain it. Just promise me, after this, youââ¬â¢ll swing by the store and see if they need help.â⬠He was staring at me with a look Seth had been shooting me all afternoon. One that sort of implied I needed a tranquilizer. ââ¬Å"Kincaidâ⬠¦ youââ¬â¢re freaking me out hereâ⬠¦Ã¢â¬ I looked up at him with the same baleful expression Iââ¬â¢d used on Seth. Succubus charisma in action. ââ¬Å"Please? You still owe me, remember?â⬠His dark eyes frowned in understandable consternation. At last he said, ââ¬Å"Okay. But itââ¬â¢ll be a few hours before I can go.â⬠ââ¬Å"Thatââ¬â¢s all right. Just go there straight afterward. No stops. And donââ¬â¢tâ⬠¦ donââ¬â¢t tell them you saw me. Iââ¬â¢m supposed to be sick. Make up some reason to go there.â⬠He shook his head in exasperation, and I thanked him with a quick hug. As Seth and I departed, I saw Doug glance at Seth questioningly. Seth shrugged, answering the other manââ¬â¢s silent inquiry with shared confusion. I made more phone calls as we drove away, finishing my college list and leaving yet another desperate message for Roman. ââ¬Å"What now?â⬠asked Seth when I lapsed into silence. Hard to say what he thought of my harassment of both Roman and Doug. ââ¬Å"Iâ⬠¦I donââ¬â¢t know.â⬠I had reached the end of my options. Everyone was accounted for except Roman, and I had no way to reach him. The clock was ticking. I didnââ¬â¢t know where he lived. I thought heââ¬â¢d mentioned Madrona once, but that was a big area. I could hardly start knocking on all those doors. The nephilim had said I had until the end of my shift. Despite bailing on work, I assumed that still meant nine oââ¬â¢clock. I had almost three hours left. ââ¬Å"I guess Iââ¬â¢ll pick up my car and go back home.â⬠Seth dropped me off at the restaurant and followed me back to Queen Anne. A traffic light stopped him, so I made it to my apartment about a minute before he did. On my door was another note. Nice job. Youââ¬â¢ll probably end up alienating all of these men with your erratic behavior, but I admire your pluck. One left to go. I wonder how fast on his feet your dancer truly is. I was crumpling this note up when Seth reached me. I pulled my key out of my purse and feebly attempted to put it in my lock. My hands shook so badly, I couldnââ¬â¢t do it. He took the key from me and opened the door. We entered, and I collapsed on to the couch. Aubrey slithered out from behind it and jumped on my lap. Seth sat nearby, taking in my apartment ââ¬â including my prominently displayed collection of his books on the new shelf ââ¬â then returned his worried gaze to me. ââ¬Å"Georginaâ⬠¦ what can I do?â⬠I shook my head, feeling helpless and defeated. ââ¬Å"Nothing. Iââ¬â¢m just glad youââ¬â¢re here.â⬠ââ¬Å"Iâ⬠¦Ã¢â¬ He hesitated. ââ¬Å"I hate to tell you this, but Iââ¬â¢ve got to leave in a little while. Iââ¬â¢m meeting someone.â⬠I looked up sharply. Another of those mysterious meetings. Curiosity temporarily replaced my fear, but I couldnââ¬â¢t question him. Couldnââ¬â¢t ask if he was meeting some woman. At least he said he was meeting someone. He wouldnââ¬â¢t be alone. ââ¬Å"Youââ¬â¢ll be withâ⬠¦ themâ⬠¦ for a while then?â⬠He nodded. ââ¬Å"I could come back late tonight, if you wanted. Orâ⬠¦ maybe I could cancel.â⬠ââ¬Å"No, no, donââ¬â¢t worry about it.â⬠By then, it would all be over. He stayed awhile longer, again attempting conversation I couldnââ¬â¢t participate in. When he finally stood up to leave, I could see anxiety written all over him and felt terrible Iââ¬â¢d involved him in this. ââ¬Å"This will all be resolved tomorrow,â⬠I told him. ââ¬Å"So donââ¬â¢t worry. Iââ¬â¢ll be back to normal then. I promise.â⬠ââ¬Å"Okay. If you need anything, let me know. Call me, no matter what. Otherwiseâ⬠¦ well, Iââ¬â¢ll see you at work.â⬠ââ¬Å"No. I have tomorrow off.â⬠ââ¬Å"Oh. Well. Do you mind if I stop by?â⬠ââ¬Å"Sure. Go ahead.â⬠I would have agreed to anything. I was too tired to hold to my earlier notion of distancing. Iââ¬â¢d worry about that later. Honestly. One thing at a time. He left reluctantly, no doubt baffled when I told him to spend a lot of time with whoever he was meeting. As for me, I paced all over my apartment, not knowing what to do. Maybe I couldnââ¬â¢t get ahold of Roman because the nephilim had already found him. That would hardly be fair since Iââ¬â¢d never even had a chance to genuinely warn him, but this nephilim didnââ¬â¢t really seem like the type to care about right or wrong. Struck by inspiration, I called Information, realizing Iââ¬â¢d missed the obvious way to find him. It didnââ¬â¢t matter. Unlisted. Two hours before my shift would have ended, I left Roman another message. ââ¬Å"Please, please, please call me,â⬠I begged. ââ¬Å"Even if youââ¬â¢re really mad at me for what happened. Just tell me youââ¬â¢re out there and okay.â⬠No return call came. Eight oââ¬â¢clock rolled around. With one hour remaining, I left him another message. I could feel hysteria creeping in. God, what was I going to do? All I did do was continue pacing, pondering how soon would be too soon to call Roman one more time. Five minutes before nine, utterly frantic, I grabbed my purse, desperate to leave my apartment and do something. Anything. Time was almost up. What would happen? How would I know if Iââ¬â¢d successfully jumped through the nephilimââ¬â¢s hoops? When I saw Romanââ¬â¢s murder plastered across the paper tomorrow? Would there be another note? Or maybe some gruesome token? What if the nephilim hadnââ¬â¢t even meant any of the people Iââ¬â¢d considered? What if it was someone completely out of the realm of ââ¬â I opened my door to leave and gasped. ââ¬Å"Roman!â⬠He stood there, mid-knock, as surprised to see me as I was him. I dropped my purse and ran to him, flinging myself at him in a fierce embrace that nearly toppled him. ââ¬Å"Oh God,â⬠I breathed into his shoulder, ââ¬Å"Iââ¬â¢m so glad to see you.â⬠ââ¬Å"I guess,â⬠he replied, pulling slightly away to look down at me, his turquoise eyes concerned. ââ¬Å"Lord, Georgina, whatââ¬â¢s wrong? Iââ¬â¢ve got like eighty messages from you ââ¬â ââ¬Å" ââ¬Å"I know, I know,â⬠I told him, still not letting go. Seeing him stirred up all the old, queasy feelings I had thought were buried. He looked so good. He smelled so good. ââ¬Å"Iââ¬â¢m sorry ââ¬â itââ¬â¢s just, I thought something had happened to youâ⬠¦Ã¢â¬ I hugged him again, catching sight of my watch as I did so. Nine oââ¬â¢clock. My shift was over, as was the nephilimââ¬â¢s ridiculous game. ââ¬Å"Okay, itââ¬â¢s all right.â⬠He patted me awkwardly on the back. ââ¬Å"Whatââ¬â¢s going on?â⬠ââ¬Å"I canââ¬â¢t tell you.â⬠My voice shook. His mouth opened to protest, but he reconsidered. ââ¬Å"Okay. Letââ¬â¢s take this slow. Youââ¬â¢re pale. Letââ¬â¢s go get something to eat. You can explain all this then.â⬠Yeah, that would be a fun conversation. ââ¬Å"No. We canââ¬â¢t do thatâ⬠¦Ã¢â¬ ââ¬Å"Come on. Thereââ¬â¢s no way you can leave me all those desperate messages and then start playing the ââ¬Ëwe need spaceââ¬â¢ game. Seriously, Georgina. Youââ¬â¢re a wreck. Youââ¬â¢re shaking. I wouldnââ¬â¢t want you to be by yourself anyway if Iââ¬â¢d found you like this, let alone after those calls.â⬠ââ¬Å"No. No. No going out.â⬠I sat down on the couch, needing to let him go, reluctant to do so. ââ¬Å"Letââ¬â¢s stay here.â⬠Still looking distressed, Roman fetched me a glass of water, then sat down by me, holding my hand. As time passed, I calmed down, listening as Roman talked about inconsequential things in an effort to make me feel better. For his part, he was quite nice about my psycho phone calls. He continued trying to tease out an explanation, but when I remained evasive, only saying I had cause to worry about him, he stopped pushing ââ¬â for now. He continued cheering me up, telling me funny things as well as his usual political soliloquies, complaining about the irrational rules and hypocrisy of the powers that be. By late in the evening, I was relaxed again, left only with embarrassment for the way Iââ¬â¢d behaved. Damn, I hated that nephilim. ââ¬Å"Itââ¬â¢s getting late. You going to be okay if I go?â⬠he asked, standing with me near my living room window, overlooking Queen Anne Avenue. ââ¬Å"Probably better than if you stay.â⬠ââ¬Å"Well, thatââ¬â¢s a matter of opinion,â⬠he chuckled, running a hand over my hair. ââ¬Å"Thanks for coming by. I knowâ⬠¦ I knowâ⬠¦ it seems crazy, but youââ¬â¢ve just got to trust me on this one.â⬠He shrugged. ââ¬Å"I donââ¬â¢t really have a choice. Besidesâ⬠¦ itââ¬â¢s kind of nice to know you were worried about me.â⬠ââ¬Å"Of course I was. How could I not be?â⬠ââ¬Å"I donââ¬â¢t know. You arenââ¬â¢t easy to read. I couldnââ¬â¢t figure out if you really liked meâ⬠¦ or if I was just something to pass the time. A diversion.â⬠Something in his words rang a bell in my head, something I should have paid attention to. Instead I was more caught up in how close he suddenly stood to me, how his hand ran down my cheek to my neck and to my shoulder. He had long, sensuous fingers. Fingers that could do a lot of good in a lot of good places. ââ¬Å"I do like you, Roman. If you donââ¬â¢t believe anything else I tell you, believe that.â⬠He smiled then, a smile so full and beautiful, it made my heart melt. God, I had missed that smile and his funny, breezy charm. Moving his hand back up to my neck, he pulled me toward him, and I realized he was going to kiss me again. ââ¬Å"Noâ⬠¦ noâ⬠¦ donââ¬â¢t,â⬠I murmured, squirming out of his grasp. He backed off from the kiss, still holding on to me as he exhaled, disappointment all over his face. ââ¬Å"Still worried about that?â⬠ââ¬Å"You canââ¬â¢t understand. Iââ¬â¢m sorry. I just canââ¬â¢tâ⬠¦Ã¢â¬ ââ¬Å"Georgina, nothing traumatic happened the last time we kissed. Short of your reaction, I mean.â⬠ââ¬Å"I know, but itââ¬â¢s not that simple.â⬠ââ¬Å"Nothing happened,â⬠he repeated, an unfamiliar hardness in his voice. ââ¬Å"I know, but ââ¬â ââ¬Å" My mouth hung there mid-sentence as I replayed his words. Nothing happened. No, something had happened that night at the concert, kissing in the back hallway. Iââ¬â¢d seen Roman stagger from the kiss. But meâ⬠¦ what had happened to me? What had I felt? Nothing. A kiss that intense, a kiss with someone strong, a kiss with someone I wanted so badly should have triggered something. Even with a low energy yield like Warren, a deep kiss would wake up my succubus instinct, start to connect us, even if no significant transfer took place. Kissing Roman like that ââ¬â especially when he ostensibly had a reaction ââ¬â should have resulted in some kind of feeling on my end. Some sensation. Yet, there had been nothing. Nothing at all. I had written it off to too much alcohol at the time. But that was ridiculous. I drank all the time before getting a fix. Alcohol could muddle my senses ââ¬â as it obviously had that night ââ¬â but no amount of intoxication could completely negate the sensation of anima transfer. Nothing could. I had been too trashed to realize the truth. Alcohol or no, I would always feel something from sexual or intimate physical contact unlessâ⬠¦ Unless I was with another immortal. I jerked away from Roman, breaking his hold on me. His expression registered surprise, immediately replaced by sudden understanding. Those beautiful eyes sparkling dangerously, he laughed. ââ¬Å"Took you long enough.â⬠How to cite Succubus Blues CHAPTER 21, Essay examples
Saturday, April 25, 2020
Torts Case of Remoteness Essay Example
Torts Case of Remoteness Paper Overseas Tankship (U. K. ) Limited v. The Miller Steamship Co. Pty. Limited and another (Wagon Mound No 2), Judicial Committee of the Privy Council on appeal from the Supreme Court of New South Wales, 1966 There are extracts from this case at p. 80 of Weinrib and then a summary of the result of this case at p 183. The case has some important passages beyond what appear in the p. 80 extract. Please add the following to your reading: LORD REID, LORD MORRIS OF BORTH-Y-GEST, LORD PEARCE, LORD WILBERFORCE, LORD PEARSON [Delivered by LORD REID] This is an appeal from a judgment of Walsh J. ated 10th October 1963 in the Supreme Court of New South V/ales in commercial cases by which he awarded to the respondents sums of ? 80,000 and ? 1,000 in respect of damage from fire sustained by their vessels . Corrimal and Audrey D on 1st November 1951. These vessels were then at Sheerlegs Wharf, Morts Bay, in Sydney Harbour undergoing repairs. The appellant was charterer by demise of a vessel. the Wa gon Mound, which in the early hours of 30th October 1951 had been taking in bunkering oil from Caltex Wharf not far from Sheerlegs Wharf. By reason of carelessness of the Wagon Mound engineers a large quantity of this oil overflowed from the Wagon Mound on to the surface of the water. Some hours later much of the oil had drifted to and accumulated round Sheerlegs Wharf and the respondents vessels. About 2 p. m. on 1st November this oil was set alight: the fire spread rapidly and caused extensive damage to the Wharf and to the respondents vessels, An action was raised against the present appellant by the owners of Sheerlegs Wharf on the ground of negligence. On appeal to the Board it was held that the plaintiffs were not entitled to recover on the ground that it was not foreseeable that such oil on the surface of the water could be set alight (Overseas Tankship (U. K. ) Ltd. v. Morts Dock and Engineering Co. [1961] A. C. 388). Their Lordships will refer to this case as the Wagon Mound No. I. â⬠¦ Walsh J. had found in their favour in nuisance but against them [the plaintiff shipowners] in negligence. â⬠¦Their Lordships are indebted to that learned judge for the full and careful survey of the evidence which is set out in his judgment ([1963] 1 Lloyds Rep. 02). Few of his findings of fact have been attacked, and their Lordships do not find it necessary to set out or deal with the evidence at any length. But it is desirable to give some explanation of how the fire started before setting out the learned judges findings. In the course of repairing the respondents vessels the Morts Dock Co. , the owners of Sheerlegs Wharf, were carrying out oxy-acetylene welding and cutting. This work was apt to cause pieces or drops of hot metal to fly off and fall in the sea. We will write a custom essay sample on Torts Case of Remoteness specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Torts Case of Remoteness specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Torts Case of Remoteness specifically for you FOR ONLY $16.38 $13.9/page Hire Writer So when their manager arrived on the morning of 30th October and saw the thick scum of oil round the Wharf he was apprehensive of fire danger and he stopped the work while he took advice. He consulted the manager of Caltex Wharf and after some further consultation he was assured that he was safe to proceed: so he did so, and the repair work was carried on normally until the fire broke out on 1st November. Oil of this character with a flash point of 170op. is extremely difficult to ignite in the open. But we now know that that is not impossible. There is no certainty about how this oil was set alight, but the most probable explanation, accepted by Walsh J. , is that there was floating in the oil-covered water some object supporting a piece of inflammable material, and that a hot piece of metal fell on itâ⬠¢ when it burned for a sufficient time to ignite the surrounding oil. The findings of the learned trial judge [i. e. in this case ââ¬â Wagon Mound No 2] are as follows:- (l) Reasonable people in the position of the officers of the Wagon Mound would regard furnace oil as very difficult to ignite upon water. 2) Their personal experience would probably have been that this had very rarely happened. (3) If they had given attention to the risk of fire from the spillage, they would have regarded it as a possibility, but one which could become an actuality only in very exceptional circumstances. (4) They would have considered the chances of the required exceptional circumstances happening whilst the oil remained spread on the harbour waters, as being remote. (5) I find that the occurrence of damage to the plaintiffs property as a result of the spillage, was not reasonably foreseeable by those for whose acts the defendant would be responsible. 6) I find that the spillage of oil was brought about by the careless conduct of persons for whose acts the defendant would be responsible. (7) I find that the spillage of oil was a cause of damage to the property of each of the plaintiffs. (8) Having regard to those findings, and because of finding (5), I hold that the claim of each of the plaintiffs, framed in negligence, fails. â⬠¦. Of the large number of cases cited in argument â⬠¦based purely on negligence, â⬠¦[t]heir Lordships do not intend to examine these cases in detail. It has now been established by the Wagon Mound No. 1 and by Hughes v. Lord Advocate [1963] A. C. 837 that in such cases damages can only be recovered if the injury complained of was not only caused by the alleged negligence but was also an injury of a class or character foreseeable as a possible result of it. â⬠¦In their Lordships judgment the cases point strongly to there being no difference as to the measure of damages between nuisance and negligence but they are not conclusive. So it is desirable to consider the question of principle. NOTE from CS: The reason for this comparison is that the case was also argued in nuisance and the trial judge found there to be liability in nuisance on the basis that nuisance requires only the natural/direct consequence test whereas Wagon Mound No 1 had changed the law of negligence to require the reasonable foreseeability test. So the House of Lords in Wagon Mound No 2 were looking at both the application of the reasonable foreseeability test for negligence to the negligence claim in Wagon Mound 2 and at whether that same test should be the test for remoteness of damage in nuisance. We are not concerned with the nuisance law aspects, but only with the reasoning that discusses what reasonable foreseeability means in general and in particular in the negligence context. ] â⬠¦Comparing nuisance with negligence the main argument for the respondent was that in negligence foreseeability is an essential element in determining liability and therefore it is logical that foreseeability should also be an essential element in determining the amount of damages: but negligence is not an essential element in determining liability for nuisance and therefore it is illogical to bring in foreseeability when determining the amount of damages. It is quite true that negligence is not an essential element in nuisance. Nuisance is a term used to cover a wide variety of tortious acts or omissions and in many negligence in the narrow sense is not essential. An occupier may incur liability for the emission of noxious fumes or noise although he has used the utmost care in building and using his premises. The amount of fumes or noise which he can lawfully emit is a question of degree and he or his advisers may have miscalculated what can be justified. Or he ay deliberately obstruct the highway adjoining his premises to a greater degree than is permissible hoping that no one will object. On the other hand the emission of fumes or noise or the obstruction of the adjoining highway may often be the result of pure negligence on his part: there are many cases (e. g. , Dollman v. Hillman [1941] 1. All E. R. 355) where precisely the same facts will establish liability both in nuisance and in negligence. And although negligence may not be necessary, fault of some kind is almost always necessary and fault generally involves foreseeability, e. . , in cases like Sedleigh-Denfield v. OCallaghan [1940] A. C. 880 the fault is in failing to abate a nuisance of the existence of which the defender is or ought to be aware as likely to cause damage to his neighbour. â⬠¦ [Note from CS: in this paragraph, the Lords find that reasonable foreseeability is also the remoteness test in nuisance. It is retained in this edit so that you can follow the flow of the case, but, again, you are not responsible for nuisance law for the exam problem. It could not be right to discriminate between different cases of nuisance so as to make foreseeability a necessary element in determining damages in those cases where it is a necessary element in determining liability, but not in others. So the choice is between it being a necessary element in all cases of nuisance or in none. In their Lordships judgment the similarities between nuisance and ot her forms of tort to which the Wagon Mound No. 1 applies far outweigh any differences, and they must therefore hold that the judgment appealed from is wrong on this branch of the case. It is not sufficient that the injury suffered by the respondents vessels was the direct result of the nuisance if that injury was in the relevant sense unforeseeable. It is now necessary to turn to the respondents submission that the trial Judge was wrong in holding that damage from fire was not reasonably foreseeable. In Wagon Mound No. 1 the finding on which the Board proceeded was that of the trial Judge: the defendant did not know and could not reasonably be expected to have known that [the oil] was capable of being set afire when spread on water. In the present case the evidence led was substantially different from the evidence led in Wagon Mound No. 1 and the findings of Walsh J. are significantly different. That is not due to there having been any failure by the plaintiffs in Wagon Mound No. 1 in preparing and presenting their case. The plaintiffs there were no doubt embarrassed by a difficulty which does not affect the present plaintiffs. The outbreak of the fire was consequent on the act of the manager of the plaintiffs in Wagon Mound No. 1 in resuming oxy-acetylene welding and cutting while the wharf was surrounded by this oil. So if the plaintiffs in the former case had set out to prove that it was foreseeable by the engineers of the Wagon Mound that this oil could be set alight, they might have had difficulty in parrying the reply that this must also have been foreseeable by their manager. Then there would have been contributory negligence and at that time contributory negligence was a complete defence in New South Wales. The crucial finding of Walsh J. in this case is in finding 5: that the damage was not reasonably foreseeable by those for whose acts the defendant would be responsible. That is not a primary finding of fact but an inference from the other findings, â⬠¦The vital parts of the findings of fact which have already been set out in full are (1) that the officers of the Wagon Mound would regard furnace oil as very difficult to ignite upon water - not that they would regard this as impossible: (2) that their experience would probably have been that this had very rarely happened -not that they would never have heard of a case where it had happened, and (3) that they would have regarded it as a possibility, but one which could become an actuality only in very exceptional circumstances - not, as in Wagon Mound No. , that they could not reasonably be expected to have known that this oil was capable of being set afire when spread on water. The question which must now be determined is whether these differences between the findings in the two cases do or do not lead to different results in law. In Wagon Mound No. 1 the Board were not concerned with degrees of f oreseeability because the finding was that the fire was not foreseeable at all. So Lord Simonds had no cause to amplify the statement that the essential factor in determining liability is whether the damage is of such a kind as the reasonable man should have foreseen (at p. 426). But here the findings show that some risk of fire would have been present to the mind of a reasonable man in the shoes of the ships chief engineer. So the first question must be what is the precise meaning to be attached in this context to the words foreseeable and reasonably foreseeable. [Note from CS: This is where Weinribââ¬â¢s extract starts at p 80 in his book. Before Bolton v. Stone [1951] A. C. 850 the cases had fallen into two classes: (1) those where, before the event, the risk of its happening would have been regarded as unreal either because the event would have been thought to be physically impossible or because the possibility of its happening would have been regarded as so fantastic or farfetched that no reasonable man would have paid any attention to it -a mere possibi lity which would never occur to the mind of a reasonable man (per Lord Dunedin in Fardon v. Harcourt-Rivington [1932] 146 L. T. 391) or (2) those where there was a real and substantial risk or chance that something like the event which happens might occur, and then the reasonable man would have taken the steps necessary to eliminate the risk. Bolton v. Stone posed a new problem. There a member of a visiting team drove a cricket ball out of the ground onto an unfrequented adjacent public road and it struck and severely injured a lady who happened to be standing in the road. That it might happen that a ball would be driven on to this road could not have been said to be a fantastic or far-fetched possibility: according to the evidence it had happened about six times in 28 years. And it could not have been said to be a far-fetched or fantastic possibility that such a ball would strike someone in the road: people did pass along the road from time to time. So it could not have been said that, on any ordinary meaning of the words, the fact that a ball might strike a person in the road was not foreseeable or reasonably foreseeable it was plainly foreseeable. But the chance of its happening in the foreseeable future was infinitesimal. A mathematician given the data could have worked out that it was only likely to happen once in so many thousand years. The House of Lords held that the risk was so small that in the circumstances a reasonable man would have been justified in disregarding it and taking no steps to eliminate it. But it does not follow that, no matter what the circumstances may be, it is justifiable to neglect a risk of such a small magnitude. A reasonable man would only neglect such a risk if he had some valid reason for doing so: e. g. that it would involve considerable expense to eliminate the risk, He would weigh the risk against the difficulty of eliminating it. If the activity which caused the injury to Miss Stone had been an unlawful activity there can be little doubt but that Bolton v. Stone would have been decided differently. In their Lordships judgment Bolton v. Stone did not alter the general principle that a person must be regarded as negligent if he does not take steps to eliminate a risk which he knows or ought to know is a real risk and not a mere possibility which would never influence the mind of a reasonable man. What that decision did was to recognise and give effect to the qualification that it is justifiable not to take steps to eliminate a real risk if it is small and if the circumstances are such that a reasonable man, careful of the safety of his neighbour, would think it right to neglect it. In the present case there was no justification whatever for discharging the oil into Sydney Harbour. Not only was it an offence to do so but it involved considerable loss financially. If the ships engineer had thought about the matter there could have been no question of balancing the advantages and disadvantages. From every point of view it was both his duty and his interest to stop the discharge immediately. It follows that in their Lordships view the only question is whether a reasonable man having the knowledge and experience to be expected of the chief engineer of the Wagon Mound would have known that there was a real risk of the oil on the water catching fire in some way: if it did, serious damage to ships or other property was not only foreseeable but very likely. Their Lordships do not dissent from the view of the trial Judge that the possibilities of damage must be significant enough in a practical sense to require a reasonable man to guard against them but they think that he may have misdirected himself in saying there does seem to be a real practical difficulty, assuming that some risk of fire damage was foreseeable, but not a high one, in making a factual judgment as to whether this risk was sufficient to attract liability if damage should occur. In this difficult chapter of the law decisions are not infrequently taken to apply to circumstances far removed from the facts which gave rise to them and it would seem that here too much reliance has been placed on some observations in Bolton v. Stone and similar observations in other cases. In their Lordships view a properly qualified and alert chief engineer would have realised there was a real risk here and they do not understand Walsh J. to deny that. But he appears to have held that if a real risk can properly be described as remote it must then be held to be not reasonably foreseeable. That is a possible interpretation of some of the authorities. But this is still an open question and on principle their Lordships cannot accept this view. If a real risk is one whichâ⬠¢ would occur to the mind of a reasonable man in the position of the defendants servant and which he would not brush aside as far-fetched and if the criterion is to be what that reasonable man would have done in the circumstances, then surely he would not neglect such a risk if action to eliminate it presented no difficulty, involved no disadvantage, and required no expense. In the present case the evidence shows that the discharge of so much oil on to the water must have taken a considerable time, and a vigilant ships engineer would have noticed the discharge at an early stage. The findings show that he ought to have known that it is possible to ignite this kind of oil on water. and that the ships engineer probably ought to have known that this had in fact happened before. The most that can be said to justify inaction is that he would have known that this could only happen in very exceptional circumstances. But that does not mean that a reasonable man would dismiss such a risk from his mind and do nothing when it was so easy to prevent it. If it is clear that the reasonable man would have realised or foreseen and prevented the risk then it must follow that the appellants are liable in damages. The learned Judge found this a difficult case: he says that this matter is one upon which different minds would come to different conclusions. Taking a rather different view of the law from that of the learned Judge, their Lordships must hold that the respondents are entitled to succeed on this issue. â⬠¦
Subscribe to:
Posts (Atom)