College problem

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The College Problem

Ambrose College is a college in Camford. Consider what, if any, liabilities in tort will arise in the following situations

(a) Ambrose Colleges most famous feature is a clock tower which forms part of the college library. Dave was hired to renovate the clock on the clock tower as it had fallen into disrepair. Theo, one of Ambrose Colleges students, attempted one night to climb the scaffolding which Dave had placed around the clock tower. Having reached the top of the scaffolding, he slipped on some oil which had been spilled by Dave that evening just before he knocked off work for the day. Dave had planned to clean up the oil the next day as soon as he came in for work. Theo fell off the scaffolding and broke both his legs.

(b) Randy, an unemployed resident of Camford, sneaked into Ambrose College late at night to spend the night with his girlfriend, Yolanda, who was a student at Ambrose. Randy knew that the College regulations prohibited anyone but Yolanda from spending the night in her room. The light on the staircase leading up to Yolandas room was broken and the College authorities had taken no steps to mend it. In the early hours of the morning, Gordon (another student at Ambrose who was unaware of Randys presence in the College) set off the College fire alarm for a joke. Awoken by the fire alarm and aware that when a fire alarm went off, the Ambrose College porters did room-to-room checks to see that they had been vacated Yolanda told Randy to get out of the College as quickly as possible so that his presence in the College wouldnt be detected. Randy ran down the stairs leading to Yolandas room but due to the lack of lighting, he lost his footing and fell down the stairs, breaking an arm. Despite the fact that he was in obvious pain, the porters refused to summon an ambulance for Randy until he told them what he was doing in the College. He eventually lied and said that he had been spending the night with Sally, an enemy of Yolandas who lived on the same staircase. Sally was fined £500 for infringing the College regulations.

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Model answer

Taking each possible claimant in turn

(a)

Theo

Claim against Dave

Theo will want to bring a claim in negligence against Dave under the Occupiers Liability Act 184. (No claim can be brought under the 157 Act as Theo was not a 'visitor when he went onto the scaffolding.)

It is pretty clear that Dave owed Theo a duty under the 184 Act to take reasonable steps to clear up the oil spill. Dave 'occupied the scaffolding (he was in effective control of the scaffolding). He knew of the existence of the oil spill and the risk it posed to people coming onto the scaffolding; he knew that a trespasser coming onto the scaffolding was likely to come into the vicinity of the oil spill; and the risk created by the oil spill was one which Dave could reasonably have been expected to offer trespassers some protection against.

But did Dave breach the duty he owed Theo to take reasonable steps to clear up the oil spill? He did nothing to clear the oil spill up the night Theo went climbing up the scaffolding but that might have been a reasonable thing to do if the risk that a trespasser would attempt to scale the scaffolding was exceedingly small and the time and trouble that would have been involved in cleaning the oil spill up that night rather than the day after was very large. We would need more information on these matters before we could judge whether Dave was negligent in relation to Theo when he failed to clean up the oil spill before knocking off work for the night.

If Dave was negligent in not cleaning up the oil spill immediately then Theo will be able to sue Dave in negligence for damages to compensate him for his broken legs. However, the damages will be reduced to take account of Daves contributory negligence in climbing up the scaffolding in the first place.

Claim against the College

It is doubtful whether Theo could bring a claim against the college for compensation for his broken legs. The college was not responsible either for the presence of the oil spill at the top of the scaffolding or for the failure to clean it up before Theo climbed to the top of the scaffolding.

(b)

Randy

Claim against the College

Randy may want to bring a claim in negligence against the college under the Occupiers Liability Act 184. He will claim that the college owed him a duty under the 184 Act to take reasonable steps to mend the broken light on Yolandas staircase and that his leg was broken because the college breached this duty.

It seems strongly arguable that the college did owe Randy the duty of care contended for. It clearly 'occupied the college at the time Randy was on the premises. It knew that there was a risk that someone using Yolandas staircase would be killed or injured by virtue of the fact that the staircase was unlit at night. It must have known that a trespasser such as Randy might use Yolandas staircase at night and might as a result be killed or injured because it was unlit at night. And this danger was something which the college could reasonably have been expected to do something about. Given all this, it is strongly arguable that the college owed Randy a duty to take reasonable steps to mend the broken light on Yolandas staircase. On the other hand, section 1(6) of the Act provides that 'No duty is owed by virtue of this section to any person in respect of risks willingly accepted by him. If Randy was aware when he went to spend the night at Yolandas that the light on her staircase was defective, then it could be argued that he willingly took the risk that he might be killed or injured if he had to use her staircase at night. Then again, it could be argued that even if Randy knew that the light on Yolandas staircase was defective, he could hardly have supposed that he would have to use the staircase at night when it would be dark and, given this, he did not 'willingly accept the risk that he would be killed or injured in using Yolandas staircase.

If the college did owe Randy a duty to take reasonable steps to mend the broken light on Yolandas staircase, it seems clear that they breached this duty (they seem to have had ample opportunity to mend the light which they did not take) and that Randy broke his leg as a result of that breach. So if the college did owe Randy the duty of care contended for, Randy should be able to sue the college for damages to compensate him for his broken leg.

Claim against Gordon

It is unlikely that Randy will be able to sue Gordon for damages to compensate him for his broken leg whether he brings his claim in negligence or under the tort in Wilkinson v. Downton.

It is submitted that Gordon did not commit the tort in Wilkinson v. Downton in relation to Randy when he set the fire alarm off. For one thing, Gordon did not know that it was very likely that Randy would suffer some kind of injury if he set off the fire alarm. Moreover, it seems that Gordons act of setting off fire alarm would have to be 'directed at Randy for Gordon to have committed the tort in Wilkinson v. Downton in relation to Randy in setting the fire alarm off and this again is not made out.

Again it is submitted that Gordon did not commit the tort of negligence in relation to Randy by setting off the fire alarm; Gordon did not owe Randy a duty not to switch the fire alarm on because it wasnt reasonably foreseeable that someone like Randy might be injured if the fire alarm were turned on.

Claim against the porters

Randy may want to sue the porters for damages to compensate him for the fact that porters refused to call him an ambulance immediately with the result that the pain and suffering experienced by him as a result of his having his leg broken was prolonged unnecessarily. However, it is difficult to see how Randy could make out such a claim.

If Randy sued the porters in negligence, they would be able to meet his claim on the ground that they did not owe him a duty to take reasonable steps to call him an ambulance. The common law does not require strangers to take steps to help those in difficulty absent 'special circumstances and there were no 'special circumstances here. The porters were not responsible for the fact that Randys leg was broken and they did not on the facts as presented discourage anyone else from calling him an ambulance. They did not 'assume a responsibility to Randy or take on the job of treating him.

Randy will face similar difficulties if he attempts to sue the porters on the ground that they committed the tort in Wilkinson v. Downton in failing to call him an ambulance. It is doubtful whether that tort extends to the case where A omits to do something for B, knowing that his omission is very likely to result in B suffering some kind of injury or distress. Otherwise the tort would cover the case where A deliberately fails to shout out a warning to B as B is about to As knowledge to walk over a cliff.

Sally

There is little doubt that Sally will be able to sue Randy for damages to compensate her for the £500 she paid out to the college as a result of Randys allegations. Randy committed the tort of malicious falsehood in relation to Sally when he told the porters that he had spent the night with her. The tort is committed when A maliciously makes a false statement to B that refers to C and C suffers loss as a result. All these requirements are made out here. Randys statement obviously referred to Sally; it was false; Sally suffered loss as a result of that statement being made; and Randy acted maliciously in making that statement in that he knew that it was not true when he made out (it does not matter that he made the statement simply to get himself out of a tough spot the requirement of maliciousness is satisfied on proof that the statement was made with knowledge that it was untrue). As Randy committed the tort of malicious falsehood in relation to Sally in making his statement to the porters, Sally will be entitled to sue Randy for compensation in respect of the loss that his statement caused her to suffer.

Comment on the model answer

Assuming that 'little torts such as the tort in Wilkinson v. Downton and malicious falsehood are on your syllabus at your university (as they should be), it is worthwhile taking a little time to master them. They are not too hard to grasp and they can crop up in a wide variety of problem questions such as the one above. It would be a shame to lose marks because you failed to consider whether a particular 'little tort was committed in a given problem question when, with half an hours effort before the exam, you would have been able to see quite easily whether or not that tort was committed.

Nick McBride

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Blah

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All species ultimate goal is survival. Throughout time and evolution, each species has changed to meet their individual environmental conditions. Natural selection weans out the weak and allows the strong to flourish. Through invasion and adaptation, nematodes can affect every known organism (Baer, 167). Nematodes have adapted through structure, feeding, behaviour and reproduction to survive in many different conditions.

Nematodes need to feed throughout their lives in order to have the energy required for life functions such as metabolism, growth and reproduction (Croll & Matthews, 177). The food must fulfill both chemical and physical requirements of the nematode. Chemical requirements include pH and physical requirements refer to texture and temperature (Croll & Matthews, 177). Free-living nematodes eat During the life cycles of some parasitic forms non-feeding stages do occur (Croll & Matthews, 177). Parasitic nematodes in the larval stage feed and grow whereas in the adult stage some parasites will live for over a year in soil without any need for eating (Croll & Matthews, 177).

The nematode is made up of two tubes within one another (Croll & Matthews). The inner tube is the gut and contains the stoma, pharynx, intestine, rectum and anus as seen in figure ??? (Croll & Matthews, 177).

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(Croll & Matthews, 177, p. 7)

According to Croll and Matthews (177), the stoma takes on various forms based on the type of nematode. Some nematodes have simple, uniform stomas while bacterial feeders stomas are a simple cylinder shape and plant-parasitic nematodes have spear-like stomas to pierce the host cells (Croll & Matthews, 177). The pharynx is used to pump food against a pressure gradient backwards through the nematode and into the intestine where digestion and absorption take place (Croll & Matthews, 177). Figure ??? shows the movement of food through a nematode and into the intestine.

(Pechenik, 000, p. 414)

Following digestion and absorption, the unused food is passed to the rectum and anus for disposal (Croll & Matthews, 177). As the nematode feeds, the hind gut undergoes movement which in turn eliminates fluid, a process referred to as defaecation (Croll & Matthews, 177). This squeezing motion of fluids from the rectum and anus is controlled by the internal hydrostatic pressure of the nematode (Croll & Matthews, 177). After this fluid loss, the entire nematode contracts to compensate for the loss of fluid (Croll & Matthews, 177).

Essential foods vary depending on the type of nematode. Caenorhabditis briggsae will feed on bacteria and essential amino acids such as lysine, valine, threonine, tryptophan, methionine, arginine, histidine, isoleucine and phenylalanine which the nematode is not capable of synthesizing at efficient levels (Croll & Matthews, 177). However, the amino acids alanine, asparagine, cysteine, glutamine, glycine, proline, serine, and tyrosine can be synthesized by this species of nematode at sufficient levels to allow for reproduction (Croll & Matthews, 177). Nutritional needs of C. briggsae include sterol (natural steroid alcohols), haem (an iron substance) and protein growth factor (carrier for haem) (Croll & Matthews, 177). The Ancylostoma duodenale (hookworm) feeds off of human blood, often creating symptoms similar to anaemia (Croll & Matthews, 177). Trichinella spiralis feeds off of vertebrate striated muscles (see figure ???), causing a symptom known as trichinosis, Dirofilaria immitis (heartworms) infest within the hearts of dogs (see figure ???), Agamermis decaudata can be found within grasshoppers (see figure ???) and Heterodera rostochiensis are parasitic in plant roots (see figure ???) (Pechenik, 000).

(Pechenik, 000, p. 417)

Many parasitic worms, while in the larval stage, feed off of bacteria (Croll & Matthews, 177). These examples show how parasitic worms have adapted over time to feed off of various organisms (Baer, 167).

Behaviour considered through the structure and physiology related to nematode activity and movement is another adaptation used to increase the number of suitable living conditions to nematodes (Croll & Matthews, 177). According to Croll and Matthews (177), movement in nematodes subjected to steady environments, is minimal, with only short durations for small periods of time. While a nematode is feeding, even less mobility is seen (Croll & Matthews, 177). However, when various environmental changes occur, such as change in temperature, change in chemical concentrations or increased light intensity, activity of the nematode will increase as seen in figure ??? (Croll & Matthews, 177).

(Croll & Matthews, 177, p. 55)

Although variations of this type of reaction do occur between species of nematodes, this

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Fight club

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"Fight club"; directed by David Fincher (1), is a movie that holds many themes. One main theme that is consistent throughout the entire film is that of masculinity (www-scf.usc.edu/~buckalew/fight.htm), linking into the theme of anti-feminism, however this theme is not presented to the viewer in a way which is insulting to females. This film demonstrates to the viewer how the modern men of today feel their power and purposes are fading and highlights the extreme men will go to in order for them to regain their important masculinity. It returns to the well-known caveman days where men like to perceive themselves as the hunter, or gatherer, the more dominant of the sexes. This idea is overpowering in this movie and one thing this film aims to do is make its point as clear as possible about the modern day men in society. This theme of masculinity is highlighted in the movie through two main areas; these are character and symbolism.

Fight Club is basically about men who are employed to serve others, men who hold jobs such as waiters, men who feel that they have lost a certain degree of their masculinity, who come together and unite by forming Fight Club (www.critism.com/md/fightclub). This club is a place where they can fight each other and feel like real men again. The film itself is very in your face and gritty, with extreme violence. I believe that Fincher, although not entirely discluding the female audience, but by making "Fight Club extremely gritty and violent was attempting to overwhelm and bring out the masculinity of the audience in the two and a half hours while they are viewing the movie.

The theme of anti-feminism is clear to us at many points throughout the movie, particularly in the fact that the women characters in the movie meet bad ends. The two women characters in the film are Marla Singer and Chloe. Marla is a rather tragic character. She steals, smokes and is completely used by Jack, although she is clearly in love with him. Marla calls Jack when she has attempted suicide, and her other cry to help is made to Jack when she thinks she has breast cancer. Marla is weak. She allows herself to be used and she also tries to commit suicide, and she even fails at that. Her opinion of herself is very low (www.garmetsigma.com/fightclub/), when Tyler rescues Marla from the hands of death she is about to fall into due to her overdose of pills she tells the ambulance workers "the girl who lives there used to be a lovely charming girl", meaning she no longer believes that she is. Also the camera zooms into a close-up of two or three remaining pills which could lead to the argument that Marla was not fully committed to the idea of killing herself if she did not finish the bottle of pills. If you look closely enough, she could even be the one who represents Jacks true self, not the ideal he creates in Tyler Durden. She is not truly a representation of a modern woman, or even of the women in Jacks life. He actually despises her, in one scene, Jack tells the viewers that "If I had a tumour, Id name it Marla". He sees her as an intruder. This can be for a number of reasons. Marla invades his support group, forcing him to find a new release method. Secondly, she is a representation of Jacks life itself- from the inability to connect emotionally and form real relationships to a growing hatred of life. In the end, Jack realises that he is a flawed individual who wishes to move away from his Tyler Durden ideal and who finally embraces his real self, symbolised by Marla. In the end, it is realised that the complete absence of women and the feminine leads to chaos, just as in his bland life before, the absence of masculinity led to an incomplete life as well.

The other female character, Chloe, is also a tragic character with a pitiful life. Having been told she only has a short time to live she confesses her last wish to have sex with a man before she dies, at one of her support groups (www.garnetsigma.com/fightclub/chole.html). This can imply that without any form of masculinity one could just fade away and die. However this last wish can be looked at the opposite way, where Chloe is a female looking to use a man for sex, giving her the power and making men seem rather helpless, making Chloe seem rather vicious in a way despite the fact she is clearly a victim.

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Similarly, Robert Paulson, or Bob is just one of the male characters in the movie that represents femininity (www.literaryhistory.com/fight_club.htm). Another cancer victim, this time testicular, who as a result of his hormone therapy, has grown breasts. Due to this he has been abandoned by his wife and family leaving him an extremely lonely character that the viewer will feel a great deal of sympathy for. This character with his, as Jack refers to, "bitch tits" is the director taking his points and theme to the extremes, as Bob bares no other female qualities besides his breasts. Robert, being the most similar to the female sex ends up dead. This was in a way inevitable for the viewers to predict as there has been a distinct pattern throughout the movie where the female characters have died, or been damaged in someway. Similarly, another male character, known as Angelface, is also a member of Fight Club. He processes a very feminine look, as he can be considered as beautiful. He ends up getting beaten to a pulp by Jack as Jack despises him due to his feminine beauty.

Another part of the movie that is extremely symbolic is infact the symbolism. The single serving items that Jack constantly refers to, including anything from in-flight meals to shampoo, Single serving items are considered rather lonely and can be linked to the loneliness of many men in modern society. Tylers soap serves as another symbol. He produces a briefcase full of pink neatly wrapped soap (www.garnetsigma.com/fightclub/) that can be thought to represent the femininity that modern day men are being constantly bombarded with, as pink is considered to be an extremely feminine colour. One of the things Jack buys from Ikea is a yin-yang coffee table. The yin-yang is a Chinese symbol that represents balance using equal parts of light and dark. When Jacks apartment blows up, he sees the yin-yang table on the ground, damaged but intact. It represents the balance between Jacks old, unfulfilled life and his regained sense of self-worth and manliness that he gets with Fight Club. Finchers use of visuals when introducing this table is extremely original (www.filethirteen.com/reviews/fightclub/fightclub.htm), as he makes Jacks apartment resemble an Ikea catalogue, with prices and descriptions of each item of furniture. Home shopping catalogues are mostly associated with women so this shows the viewers that although Jack is doing his best to deny it, it is more than likely that he too has a feminine side.

The Fight Club itself, although glaringly obvious, is a symbol of masculinity as it appears that fighting has become somewhat of a remedy to the troubles in these mens lives (www.uoregon.edu/~sclark/eng410.htm). All the scenes in the film that take place in fight club are extremely violent; violence being more associated with masculinity than femininity. These men dont fight because they have been wrongly done, or because they hold grudges (www.flag.blackened.net), they fight for the direct masculine experience, an experience of a few minutes of real pain and solid authentic emotion. The Fight Club is liberation, an escape for the members. They forget their normal weekend jobs and responsibilities and during Fight Club, all men are equals. It is an escape into masculinity in its purest form, adrenaline, intensity and pain. The club is also strictly men only, we can see this by the fact that the basement is always packed with the members of the single male sex, and also when Jack mentions it to Marla, he clearly states to her that this new found release he has found to replace the old support groups is only for men, totally excluding women. This is an important point as it gives the idea that the characters believe the male species to be of a higher importance than females. It is clear that the men are completely isolating themselves from the women in their lives, even if it is just for the hours that they attend Fight Club.

Finally, one extremely important symbol of masculinity is infact Tyler Durden. This is a character created by Jack, although Jack is not aware of this for the majority of the movie. The "real" Tyler Durden is Jack. Towards the end of the movie the viewer finally discovers that Tyler is not a real human and just another side to Jack, a twist similar to the twist at the end of "The Sixth Sense" however "Fight Club is dealing with insanity and split personality, much like lead actor Edward Nortons earlier film "Primal Fear" (www.ironminds.com). Tyler is the ideal "real" man, he is a very testosterone driven male (www.ksu.edu/socialist/fightclub.html) He is everything Jack wishes to be, Tyler is strong, fearless, brave, dangerous and a sex symbol. Tyler is a leader, and is extremely well respected. We see just how fearless and brave he is in the scene where Lou, the owner of the bar thats above the basement where Fight Club is being held, comes down, armed with a gun to confront Tyler for using the basement without permission. Tyler takes a beating from Lou until he is covered in his own blood, however he does not back down as a result of the pain, instead he mocks Lou by laughing then attacks Lou. This is extremely brave of Tyler, as it would be assumed that Lou would hold all the power, as he is the character holding the loaded weapon.

In conclusion, there is absolutely no doubt that one main theme in "Fight Club" is the theme of masculinity, as there is hardly a scene in the movie that does not at least hint at either the demonization of females or the importance of being what the two main characters refer to as "a real man". In the scene where Tyler and Jack go onto the bus and look at a Gucci underwear advertisement, Jack looks at the advert of the male model in a pair of tight boxer shorts with the typical male model body, fake looking tan and steroid made muscles, smirks then asks Tyler "is that how a real man looks?" This idea of masculinity and the whole caveman idealism of "a real man" is extremely consistent throughout the entire movie. "Fight Club" makes no attempts to portray women in any form of a positive light, and fails to make any stab at gender equality, always leaving the viewer seeing men as the more dominant, in control sex. It sticks to its very own set of rules and by doing this David Fincher has very much successfully portrayed his themes of masculinity and anti-feminism without any doubts.

Please note that this sample paper on fight club is for your review only. In order to eliminate any of the plagiarism issues, it is highly recommended that you do not use it for you own writing purposes. In case you experience difficulties with writing a well structured and accurately composed paper on fight club, we are here to assist you. Your cheap custom college paper on fight club will be written from scratch, so you do not have to worry about its originality.

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