Some Good Open Questions For Seeking Feedback

Some good ‘open’ questions for seeking feedback are: ï  ¶ Were you happy with last action taken? ï  ¶ What you did not like? ï  ¶ What was the best part last time? ï  ¶ How do you think I could handle this better 3.4 Management performance is regularly reviewed against standards for the job One of the last steps of supervising management of the organisation is to review management performance against predetermined standards. Performance review comprises creating and agreeing on performance standards, comparing performance against these standards and taking appropriate action. Performance standards should be objective, measurable, realistic, and stated clearly. The standards should be written in such a way that will be used to assess performance.†¦show more content†¦How to review the performance? Following methods may be used to review the performance: Informal discussions The review process can be different for different circumstances. An informal approach may be where you regularly meet with your staff to give and receive feedback, provide advice and guidance, agree on priorities, and discuss day-to-day issues. Formal performance reviews Formal performance review usually involves more organised meetings, where short and long-term objectives and priorities are set, educational and improvement needs are determined, and performance issues are discussed. Outcomes of these more formal meetings and the associated outcomes are usually documented and reviewed by participants on a regular basis. Modern performance review systems focus on two-way dialogue, goal setting, employee development and regular consistent performance discussions. Some other methods, which also may be used to review the performance, could include: ï  ¶ Assessment against performance outcomes ï  ¶ Independent assessment ï  ¶ Interview As an organisation develops, the performance management issues become more complicated and a well-structured performance review is required. ï  ¶ Revising organisational goals and objectives ï  ¶ Determining individual performance goals and objectives in line with organisational goals and objectives ï  ¶ Consulting with staff and including them in the development phase ï  ¶ Establishing the purpose

Does the Lack of Education in Africa Cause Disease and...

Most Americans are conscious of the privation and misery that exist in third world countries all around the globe. Each day millions of people in destitute counties are left starving and weakened from illnesses. Several African countries such as, Sudan, Tanzania, and Ethiopia are quintessential third world countries; they are some of the most deprived countries in the world. In these nations, warfare and government may set the foundation of poverty and disease, but several other causes throw logs into the burning fire. Lack of education in Africa is another cause for poverty and ailment. Hundreds of millions of Africans are illiterate. Due to the lack of education about disease in the continent, millions are infected with lethal illnesses†¦show more content†¦In that same area the epidemic claimed the lives of over 2.3 million people last year as well as 3.1 million people. The virus is expected to rapidly grow over the next few years because of the lack of care, treatment, and education. Four countries in Africa now have over 24 percent of their adult population with HIV, theses countries being Botswana with 37%, Lesotho with 29%, Swaziland with 39%, and Zimbabwe with 25%. In the Sub-Sahara life expectancy is shortened by 15 years due to the AIDS plague. In the western world one can live with HIV/AIDS because they can afford proper medication, testing is easy, and condoms are available. However in Africa these things are not available and many are left uneducated about the deadly disease. This is why the virus shows no evidence of slowing down in Africa (Avert). The last thing a parent in Africa, or anywhere, wants to hear is that the age at which a child has their first sexual encounter is getting younger and younger, while HIV/AIDS is spreading more and more. With the HIV/AIDS running rampant all over Africa, sex education is needed more than ever and can be a possible antidote for the HIV/AIDS virus. Some even say that replacing the study of reproduction in the biology syllabus with a sex education class assists the cause all the more. According to the United Nations Population Fund, in some parts of Africa 33% of juveniles have had sexual intercourse by their sixteenth birthday and for youngShow MoreRelatedHIV/AIDS in Botswana.1525 Words   |  7 PagesAn estimated 25 million people in Africa were living with AIDS in 2003 (AIDS and HIV Statistics for Africa). In Botswana alone, the AIDS prevalence rate is an immense 36.5% (HIV and AIDS in Botswana). In Botswana, AIDS has been an ongoing epidemic since the first case reported in 1985 (HI V and AIDS in Botswana). AIDS is caused by the Human Immunodeficiency Virus (HIV), which weakens a person s immune system causing them to be more susceptible to infectious diseases such as meningitis, pneumonia, theRead More28 Stories of AIDS in Africa, by Stephanie Nolen1022 Words   |  5 PagesStephanie Nolen was already known for her work as the Globe and Mail’s Africa correspondent, ranging from the effects of war on women and children, to Stephen Lewis’ fight to end AIDS in Africa, when she published 28 Stories of AIDS in Africa in 2007. 28 is Nolen’s attempt to reflect the 28 million Africans who had HIV in 2007. Nolen gathered the testimonies of 28 individuals including orphans, miners, grandmothers, soldiers, the clergy, and Nelson Mandela. In this book, Nolen seamlessly integratesRead MorePoverty in Kenya, Africa868 Words   |  4 Pages Poverty is one of the biggest problems that the world faces in present time. The poverty that takes place in more underdeveloped countries such as Kenya, Africa, is majorly affecting the citizens because of the diseases that are being spread throughout the entire state, the lack of medical supplies that is needed for each doctor, and unsanitary water and a very insufficient amount of food. The health and well being of the citizens of Kenya, Africa is horrific, many of the diseases that are spreadRead MoreThe State Of Education During Sub Saharan Africa870 Words   |  4 PagesThe state of education in Sub-Saharan Africa is in crisis. UNICEF (2013) research has shown that 40 million children in Africa currently do not attend school. The enrollment figures indicate that there are fewer educational opportunities in sub-Saharan Africa than in the five countries in the northern part of the continent. More than 100 million children of primary school age do not attend school worldwide, of which a vast majority of these children are in sub-Saharan Africa (UNICEF, 2013). HoweverRead MoreOutline Of A Diversified Health Occupations Essay917 Words   |  4 Pages Ryan Sherman Diversified Health Occupations Block 2A Sub-Sahara Africa Malnutrion Introduction Food will always be one of the most important things in your life. Every living thing on the face of the earth needs nutrition to survive, grow, and reproduce. Unfortunately, about 795 million people in the world do not have enough to eat. This number represents about 1 in 9 people on the planet and is much higher in developing countries where 13% of the population is malnourishedRead MoreAfrican Poverty And Its Effects On African Africa1695 Words   |  7 Pages Africa is a blessed continent with all possible resources including human resources and in natural resources. This brings a question of whether these African resources have been used by African to benefit themselves. Africa the second most populous continent on the planet, after Asia. and the population keeps grows every day. Many European and Asian countries have highly benefited economically from African huge populations. In contrast, African huge population has become the greatest challenge toRead MoreOutline Of A Diversified Health Occupations Essay1248 Words   |  5 PagesRyan Sherman Diversified Health Occupations Block 2A Sub-Saharan Africa Malnutrition Introduction Food will always be one of the most important things in your life. Every living thing on the face of the earth needs nutrition to survive, grow, and reproduce. Unfortunately, about 795 million people in the world do not have enough to eat. This number represents about 1 in 9 people on the planet and is much higher in developing countries where 13% of the population is malnourished. MalnutritionRead MorePoverty Between The Rich And The Poor993 Words   |  4 Pagespeople’s living standards is below the poverty line, without access to essential resources such as food, health care or education. Poverty, which is a multi-facet phenomenon in today’s globalised world, is rooted in several causes and there are also multiple ways to eliminate it. This paper will discuss two main factors that cause poverty in developing countries, including overpopulation and corruption. It then suggests possible solutions to eradicate poverty, which include controlling populationRead MoreHunge r Is Not An Issue Of Charity1625 Words   |  7 Pagesto Stop World Hunger†). Every year, millions of people die all over the world due to disease, war, and old age, but hunger is commonly overlooked. Diseases like cancer are constantly being studied in order to find a cure, but for hunger, there is one cure: food. While charity is essential to fighting hunger in Africa, it only meets short-term needs. It feeds people, clothes them, and gives them shelter, but it does not solve the issue of hunger and the reasons hunger exists. Justice enables socialRead MorePoverty Of Poverty1038 Words   |  5 Pagesprosperity. So why does poverty still exist, and can it ever be truly eradicated? For the majority of human history people have been consistently plagued with disease, hunger, thirst, and many other dire ailments. However, within the last two-hundred and fifty years these impediments have become decreasingly common. Furthering scientific research and the development of technolo gy has allowed much of the world to increase their standard of living and reduce the amount of deaths caused by lack of food and

Australian Securities and Investments †Myassigngmenthelp.com

Question: Discuss About the Australian Securities and Investments? Answer: Introducation ASIC v Rich [2009], was one of the biggest civil cases in NSW Supreme Court history in which the Australian Securities and Investments Commission charged previous executive directors of One Tel telecommunications company, Jodee Rich and Mark Silbermann of not being able to perform their duty of care during the months leading up to the companys collapse in the year, May 2001. The decision of the case came out after nine long years. In the year November 2009, the NSW Supreme Court Judge Robert Austin meticulously released ASICs case against the directors stating that the corporate controller was unsuccessful in confirming any facet of its implored case alongside each defendant. One Tel was a service provider of GSM mobile and long distance phones formed in the year 1995. Section 180 And 181 Of The Corporation Act 2001 As per the Corporations Act 2001, all the directors and such other executives are required to perform their duties with due concern and assiduousness as per Section 180. Further to this, Section 181 of the Corporations Act 2001 states that along with ensuring due care and diligence, they are required to act in good faith i.e. to act in a manner that is best for the company and for a fit purpose (Grace, 2010). It is a civil obligation of the directors thus non-adherence to any of these will attract civil penalty as well. As per the Act, it is construed to be a criminal offense conducted by a director if he contravenes Section 181 (Commonwealth Consolidated Acts, 2001). Asic V Rich-Duties And Responsibilities Breached And Why As One Tel failed in the year 2001, ASIC firstly filed a case against four of its directors, Joint Chief Executives Jodee Rich and Bradley Keeling, finance director Mark Silbermann and Chairman John Greaves. As per ASIC, they had committed breach of duty of care and conscientiousness under Section 180 (1) of the Corporations Act 2001. ASIC had issued civil penalties banning them to act as the directors in any other company and along with the same compensate up to $92 million. However, Keeling and Greaves had accepted the said ban but the other two did not agree with the charges put forward by ASIC. As per ASIC, the directors failed to comply with their duties of care and diligence by fading to reveal to and preservation from the One Tel board, data about the companys actual economic situation amid January and May 2001 (Hooper, 2011). Section 180 of the Corporations Act 2001, clearly positions that the directors owe the performance of fundamental duty to perform their authority and release their duties with care and diligence that a sensible human being would implement, taking into consideration the companys situation, the positions engaged by the individuals and their errands entrusted (Heath, 2009). Section 180(2) known as the business judgement rule states that a director will be considered to have been discharged his duty as per Section 180 if he or she makes a business decision in superior reliance and for a reason which is fit for the companys future success, does not have any vested interest in the decision being taken, intimates himself with regards the details of the decision to the extent he or she logically thinks it to be apt and with appropriate reasoning trusts the fact that the decision is being taken for the benefit of the company (Jacobson, 2015). The particular judge named Justice Austin takes a look at the past case laws and in particular cases where he has spelt out decisions in such similar matters. After analysing the present scenario of Rich and Silbermann with regards the nature of care being undertaken while taking a decision, the basic question that he looked at was the degree to which the benchmark of demeanour likely from a director is intentional or prejudiced and, specifically how the court will have observed to the conditions of the appropriate business and the errands of that particular director or officer. As per Austin J, the constitutional duty of care under Section 180(1) must be defined by orientation to the temperament and degree of the rationally probable peril of damage to the company that might arise from a directors act or error. The section also pens down the fact that a director does not have the duty to try to safeguard a company from such risks which are not logically predictable. However the said case study fails to examine what kind of risks may be defined under the head reasonably foreseeable. ASIC v Rich mentions two more principles for guiding whether a breach of section 180(1) has occurred or not. Firstly there lies a difference between a conduct which leads to contravention of Section 180(1) and mere mistakes or wrongdoings. Directors lie at such a position in a company that at times situations seem to be very difficult for them wherein they even end up making gross mistakes, but the same may not be intentional in nature thus not leading to a contravention of Sectio n 180(1). Secondly, as per Austin J, there lies a differentiation between breach of Section 180(1) and a mistake leading to the merits of a business decision (Reza, 2011). Simply because the said section is not tilted towards dampening of the company or punish ineffective capitalist actions. Although Austin J, stated that ASICs claim was incorrect against Rich and Silbermann as they failed to give any evidences of such a breach, His Honour nevertheless accounted for the normal and usual situations in which a director would have been said to have breached the statutory and compulsory duty of care under Section 180(1). As per the judge, had the conduct of the directors fallen below the standards of a reasonable individual as is described in the said section, then it would have been considered that a contravention has occurred. In this case study, the regulator i.e. ASIC could not establish any specific conduct of the key personnel which led to such a breach, rather simply pointed out towards the general conduct of not disclosing financial data. It is further construed that a director or officer or an executive will not be held responsible for any such contravention with regards performing the duty as a director with care and diligence if he or she can prove that the judgement was purely for the purpose of the company without any personal interest attached to the same, the directors have a self belief with regards the fact that the decision taken is right in all aspects and best for the business and the belief is logical enough basis a series of reasons. However as per Austin J, one important question that should be asked by the directors of a company is whether the officer had applied his brains with regards the particular matter or not. Thus in this case, His Honour had said that the directors had not breached any duty as they had applied their brains to the matters in problem and made decisions accordingly, unlike to what ASIC claims (Baxt, 2005). Critically Analyse The Courts Decision The said case study entails to a brilliant assessment of the duties of a director. His Honour had referred to his preceding judgement in case of Vines V ASIC in which case he had mentioned that the mandatory duty of care was born out of tort law. Specifically, Austin J hade extrapolated that a companys situations needs contemplation to be vested with regards the type of the company, the size as well as the industry t which it belongs along with the constitution of the board and how the work is disseminated amongst the executives. Further, His Honour also stated that a reference to similar errands within a company is not restricted to particular jobs circulated amongst the executives formally and lastly, Austin J also stated that there should be a differentiation between the contravention of the duty of care and diligence mentioned in the Act and mere errors and mistakes (Holdingredlich.com 2010). In the particular case, His Honour also investigated deep into unexplored spheres of the business judgement rule wherein he discovered that the said rule also gives a protection for the directors who may have been alleged of contravening the duty of care if they had taken a decision in good faith, for a particular acceptable purpose, without having any significant interest, properly intimated each other about the said subject matter and logically trusted in their own decision that the same has been taken for the good health of the company. However as per Justice Robert Austin, the proofs submitted by ASIC failed to form the case in favour of the regulator. Although they had submitted a huge volume of evidence which trued to establish the fact the usual and the normal conduct of the directors were not in line with the Act, thus leading to infringement of the same, but as per Austin J, the regular should have presented such evidences which pointed towards some specific and particular conduct to institute a contravention on the remaining of probabilities (Foglia, Bassingthwaite, 2009). As per the final verdict passed, ASIC has been found to make some mistakes which included a disappointment to identify witnesses who could describe unclear certification, the usage of an expert observer with a potential divergence and contending that One Tels financial position should be looked upon from an Australian view point. Unfortunately, One Tels finances and money related matters could not be taken in an Australian perspective for a simple reason that the treasury was tied up in other countries as well. The decision in the present case should be looked upon as bringing back to life the business judgement rule as it is present in the Australian corporate law, so that the said rule has the potential to give a defence in certain scenarios which would else be construed as being a breach of duty. The said should be appreciated, even though the disagreement and debate is expected to persist via a secure and decisive reflection of the rightness of reckoning in ASIC v Rich. However, the decision taken by Justice Austin in favour of directors and against the regulators has brought in a question with regards whether ASIC should ever bring in actions again challenging to institute so much in such a short period of time as in the case of ASIC v Rich. ASIC has accredited the fact that the decision pronounced for the said case has acted as a guidance on how to run cases and matters in future (Cutlers, 2009). Unfortunately the decision given by Justice Austin has led to many unattended questions with regards the collapse of such a huge corporate house. One of the questions whose answers are still being looked for is whether One Tel would have endured if in the year 2001, PBL/CPH and news had upheld their support for the corporation and executed there to guarantee an acutely inexpensive right issue to raise $132 million. Due to the said evidence presented by the directors, His Honour had to reject the evidences submitted by ASIC with regards the financial figures for the month of February, March and April 2001 and to consider and account for the figures that have been mentioned in Chs 11,13 and 15. Further if these figures are expected to be correct, then a fund raising along with the support of the investors would have led the company survive till November 2001 , as by that time, as per the business plans set out, the company would have been able to fight against the cash problem and woul d have had a healthy flow of cash. Thus as per Austin J, it was the lack of support from the shareholders and the desertion of the right issues due to which the company toppled down (Legg, Jordan, 2013). Conclusion Thus on analysing the said case study it is understood that the judgement pronounced by Justice Robert Austin is one of its kind and it is not every time that a decision against the regulator is taken. However, the said judgement has given a new face to the directors duty with regards conduct their duty with care and diligence and to the business judgement rule. It has explored the said rule in depth which was otherwise never looked upon in the past. ASIC also is required to pull up their socks in case of defending a case with regards the kind of proofs they submit as the court weighs specific evidences above the general ones. References: Baxt,B., (2005), Duties and Responsibilities of Directors and Officers, 18th Edition, Southwood Press Pty. Ltd: Australia Commonwealth Consolidated Acts, (2001), Corporations Act 2001- Sect 180, Available at https://www.austlii.edu.au/au/legis/cth/consol_act/ca2001172/s180.html (Accessed 11th May 2017) Cutlers, T.P., (2009), ASIC V Rich : Dont be discouraged : Judicial support for responsible risk taking in a corporate environment is still good law, Available at https://www.tglaw.com.au/wp-content/uploads/awms/Upload/Files/Alert%20-%20DO%20-%20OneTel%20-%20December%202009.pdf (Accessed 11th May 2017) Foglia,M., Bassingthwaite,R., (2009), ASIC unable to reel in the Rich- Australian Securities and Investments Commission v Rich, Available at https://www.wottonkearney.com.au/asic-unable-reel-rich-australian-securities-investments-commission-v-rich/ (Accessed 11th May 2017) Jacobson,D., (2015), Case Note: Directors Successfully Rely On Business Judgement Rule, Available at https://www.brightlaw.com.au/case-note-directors-successfully-rely-on-business-judgment-rule/ (Accessed 11th May 2017) Grace,D., (2010), Directors Duties and the business judgement rule: Justice Austin offers some clarification, Available at https://www.cgw.com.au/publication/directors-duties-and-the-business-judgment-rule-justice-austin-offers-some-clarification/ (Accessed 11th May 2017) Heath,W., (2009), One Tel. Wipe out ASIC v Rich, Available at file:///C:/Users/E-ZONE/Downloads/asic_v_rich_outcomes_december2009%20(2).pdf (Accessed 11th May 2017) Holdingredlich.com., (2010), Insight: Corporate and Commercial, Available at https://www.holdingredlich.com/assets/docs/Insight%20-%20Corporate%20Commercial%20-%20March%202010.pdf (Accessed 11th May 2017) Hooper,M., (2011), The Business Judgement Rule : ASIC v Rich and the reasonable rational divide, Corporate Governance ejournal, vol 5, Available at https://epublications.bond.edu.au/cgi/viewcontent.cgi?article=1021context=cgej (Accessed 11th May 2017) Legg,M., Jordan,D., (2013), The Australian Business Judgement Rule After ASIC V Rich : Balancing Director Authority and Accountability, Adelaide Law Review, vol.34, no.2, Available at https://www.austlii.edu.au/au/journals/AdelLawRw/2013/21.pdf (Accessed 11th May 2017) Reza,M., (2011), The One Tel. Collapse: Lessons for Corporate Governance, Australian Accounting Review [Online], Available at https://research-repository.griffith.edu.au/bitstream/handle/10072/42673/74746_1.pdf;jsessionid=1154ECE89AE54B605015472CF38EF61C?sequence=1 (Accessed 11th Ma

Business Law for Caparo Industries pIc v Dickman- myassignmenthelp

Question: Discuss about theBusiness Law for Caparo Industries pIc v Dickman. Answer: Introduction Tame v New South Wales (2002) 211 CLR 317 is amongst the leading cases of Australia when it comes to the obligation which one person owes to another based on negligence and the resultant contravention which lead to psychiatric injuries. This case saw the plaintiff making a claim of negligence against the law enforcement officer, in addition to the defamation as a result of the clerical mistake which the police undertook while the accident report was being filed. Upon the appeal being made against the police by the plaintiff based on the undertaken negligence of police in resulting in her psychiatric condition, the High Court rejected the appeal of the plaintiff. In this report, the police had wrongfully stated that blood alcohol level of Tame as .14 but this was actually the alcohol level of the other driver. And it was claimed by Tame that due to this, she felt that no one respected her and this is the reason why she developed the psychiatric state (Sappideen, 2009). Through the dis cussion being carried here, the case has been detailed where the issues and arguments presented by both the parties have been stated and the decision of the court has been critically analysed. Factual Background Tame in this case was involved in a collision of motor vehicles which took place on 11 Jan 1991 at Richmond, in Sydney. The accident occurred due to the fault of the other driver, Terence Lavender. After the accident, the law enforcement officers checked his blood alcohol level and it stood at .14, whereas the blood alcohol of Tame was 0 when the reading was taken (Federation Press, 2017). Constable Morgan was responsible for preparing the traffic collision report and he was a part of the Windsor Police Station. While preparing this report at the incident spot, he left the blood alcohol reading details of both Tame and the other driver as blank. In Feb 1991, the then acting traffic sergeant filled these blank segments and while filing, accidently switched the blood alcohol of both the drivers, where the other driver was stated to have 0 alcohol level and Tame to have .14 as the blood alcohol level. In around Mar 1991, the mistake was detected by the acting sergeant and he made corrections to the original report at this time (Health Law Central, 2017). Lavender was sued by Tame since he was driving a vehicle which was not insured as was required by the law and this claim was handled by NZI, which was the insurance company. Upon the settlement of the claim, Tame was awarded a significant value. However, come May 1992, the insurance company became hesitant when it came to payment of the physiotherapy treatment which was needed by Tame as a result of her injuries and this made Tame very anxious. The attorney of Tame, Wellers, was informed by Tame that she had no history of drinking and that she had no current drinking issues since the last 20 years. The attorney was also informed that the notion of being drunk was so wrong that she was horrified of it. This reaction of Tame was highlighted upon Weller informing her that the report showed that Tame had been drunk when the accident took place. And Tame was very apprehensive about her reputation which would be damaged as a result of the grave error. The police issued a formal apology to Tame for their mistake; and still Tame continued to blame the law enforcement for the NZI being reluctant in their payments for her treatment. After some time, Tame became obsessed with this issue and was clinically diagnosed with the psychotic depressive illness. As a result of this, a claim was initiated by Tame in the NSW District Court against the police (Federation Press, 2017). Issues and Arguments of the Parties Tame in this case, blamed her psychiatric injury as being resulted from the negligence of the police law enforcement officer where they failed in properly stating down her blood alcohol level in the accident report. This in turn, as per the plaintiff, led to the apprehensions on part of NZI in making the payment for her treatment. And it also resulted in her reputation being tarnished as she had been sober since last 20 years. She claimed that the police officer owed her a duty of care to properly state the right facts in the report and by not doing so, the duty of care owed towards her was breached as this breach of duty resulted in her psychiatric injury. The defendant highlighted that they had already issued a formal apology to Tame. They also stated that the claim of defamation being cited by the plaintiff was out-rightly wrong. This was due to the fact that for a claim of defamation to be upheld, it has to be shown that the careless misstatement of the defendant was relied upon by a third party. Here, it was very clear that no one had made reliance over this careless misstatement of the police officer. This can be proved from the fact that plaintiff had no evidence for this to have occurred. And also from the fact that the insurance company had considered the changed report which had been made by the police after the careless misstatement was noticed and corrected upon. So, even the insurance company had not made reliance on the police officers careless misstatement (HCA, 2017). The plaintiff also made an argument that the police officer had been negligent in the report which had been prepared by them and this was the reason why she developed a psychiatric condition. In this regard, the defendant highlighted that for making a successful case of negligence, one has to establish certain elements (Harvey and Marston, 2009). These include foreseeability, duty, its breach, resulting harm, direct causation and remoteness of losses (Gibson and Fraser, 2014). In this regard, the defendant cited Caparo Industries plc v Dickman [1990] 2 AC 605 for establishing that a duty of care was never owed by the defendant to Tame (E-Law Resources, 2017). This test requires proximity between parties, justness of penalties, along with the risk of harm to be reasonably foreseeable, for showing that a duty had been owed (Lunney and Oliphant, 2013). The defendant highlighted that this case did had proximity between the parties. Also, there was a clear lack of reasonable foreseeability in this matter. This was because no one could have predicted that if an accident report had been filled wrongly, the consequence of it would be a psychiatric injury and to state this as being reasonably foreseeable would be completely wrong. Hence, in case penalties are imposed over the defendant for these reasons, these would not be deemed as just or as being reasonable. So the threefold test given under Caparo could not be satisfied by the plaintiff, which means that no duty of care was owed by the defendant towards her (Australasian Legal Information Institute, 2017). The defendant also relied upon the famous English case when it came to the question of owed duty of care and foreseeability of losses and this was the case of Donoghue v Stevenson [1932] UKHL 100. In this case, the manufacturer was made liable towards the plaintiff for the breach of duty of care as a result of dead snail found in the manufactured ginger beer bottle (Latimer, 2012). However, the defendant stated that in the quoted case, the contaminated bottle was bound to injure the plaintiff, but here, the police officer could not have foreseen that wrongly stating the blood alcohol level would give someone a psychiatric injury (HCA, 2017). Reference also had to be made to Jaensch v Coffey [1984] HCA 52, where the requirement was to establish a relationship for duty to be present (Swarb, 2015). Even though there was a relationship, but it was not which resulted in the police officer being liable for psychiatric injury of the plaintiff. Another key point of this case was regarding the duty of care which was cited by Tame as being a general public member. In this regard, the defendant presented that it was very true that the police officers owe a duty of care towards the citizens; however, the duty which they owed towards Tame was to safeguard her from a possible criminal activity and this duty of care was not meant to protect Tame from a psychiatric injury since this was not their duty and also because the same was not related to the undertaken error (North, 2017). Yes, there had been an error as was accepted by the defendant but it was not related to the psychiatric injury of Tame since there was a sheer lack of correlation between the undertaken error and Tames psychiatric condition. Even though the injury was of substantial nature and damages would have been awarded, but that would have been the case only when the duty of care and foreseeability had been present, which was not the case (HCA, 2017). Court Judgment The appeal made by Tame in this case had been rejected by the High Court because they agreed with the points raised by the defendant where they could not predicted in a reasonable manner that by a wrong filing of form, a person could become mentally ill and this foreseeability was not only for the police, but for any prudent person (Vines, Roque and Rumber, 2010). In the view of the judges, the case of Donoghue v Stevenson helped in this regard, particularly when it came to the presence of duty of care and the reasonable foreseeability of the injury. The police officers, as per the High Court, did not have such an obligation of care which required them to prevent Tame from distress as a result of the wrongly filled report. The reason for this was given by the High Court as the case where the police officers if are made to check the emotional distress being caused to another person as a result of filing of report, then they would not be able to file an honest report as reports can off end even a rule breaker. Hence, the police could not be made liable for foreseeing the mental health of Tame when they were filing the alcohol report (HCA, 2017). The court also stated that the damages were to be awarded only in such cases where there had been a recognized psychiatric injury and one cannot be given these when there has been a distress caused to such person (Handford, 2017). For the Tames case, there was a lack of special relationship which could have made the law enforcement officer liable based on the case of Donoghue v Stevenson. The duty of care which is subjected to investigation would conflict with the duty of a police officer being in their position. And so, the police officers had to keep the duty as being a police officer before anything else (HCA, 2017). McHugh J viewed the obligation of care as something which would be owed only in cases of a nervous shock or psychiatric injury being foreseeable to a normal fortitude of an individual (Richardson, 2017). The injury, to be reasonably foreseeable, had to conform to the neighbour principle and reasonableness had to be given supremacy. This led to the court concluding that a duty of care was not owed by the police officers towards tame due to conflicting duties and the lack of foreseeability being reasonable. And so, a psychiatric injury could not be made successful (Webstroke Law, 2017). Critical Analysis The decision given in this case had been correct as the police officers could not be made liable for something which could not reasonably be foreseen. Also, the case made by defendant was very strong as they highlighted different cases to prove their point. The defendant had already apologized for wrongly filing a report and blaming them for a mistake, which has been corrected and which has shown to not have impacted the insurance companys payments. Hence, the court had rightly ruled in the favour of the defendant in this case. References Australasian Legal Information Institute. (2017) Tame v New South Wales [2002] HCA 35; 211 CLR 317; 191 ALR 449; 76 ALJR 1348 (5 September 2002). [Online] Australasian Legal Information Institute. Available from: https://www.austlii.edu.au/au/cases/cth/HCA/2002/35.html [Accessed on: 03/10/17] E-Law Resources. (2017) Caparo Industries pIc v Dickman [1990] 2 AC 605 House of Lords. [Online] E-Law Resources. Available from: https://www.healthlawcentral.com/cases/tame-v-new-south-wales/ [Accessed on: 03/10/17] Federation Press. (2017) Tame v New South Wales Annetts v Australian Stations Pty Ltd. [Online] Federation Press. 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