Law of tort essay Example | Topics and Well Written Essays - 1500 words

Law of tort - Essay Example In the case of Alcock v Chief Constable of South Yorkshire Police2 the Court considered the various kinds of relationships which would qualify as close ties, and parent/child relationships and family ties including the spouse relationship were deemed to be strong enough to establish the close nature of the ties. By applying the (a) requirement, it may be noted that Roger, Thomas and Nicolas will have a claim on the basis of close ties to the victim. However, on the basis of criterion (b) it may be noted that Roger and Nicholas were not actually present at the site of the accident and neither had directly witnessed the accident. Therefore, they may not be eligible for recoveries. But Thomas will be entitled to claim damages on the basis of both proximity to the incident and the fact that the injured person is a loved one. Moreover, he would also be classified as a rescuer according to Chadwick v BRB3 and the Court has clearly stated in this case that rescuers who suffer psychiatric damages as a result of their rescue efforts will be eligible for recoveries. This was also upheld on appeal in the case of McLoughlin v O Brien4 that rescuers suffering from psychiatric illness will be eligible for damages. There is a strong case in Thomas’ favor in that he was directly at the site, the injured one was his own brother and the psychiatric illness he is suffering from now is directly attributable to the injury. The only factor that could possibly limit his recoveries to some extent could be the time that has passed since the accident, however if his anxiety attacks have commenced immediately after the accident and are continuing to date, he will certainly be eligible to make a claim. In the case of Roger and Nicholas, it is unlikely that Nicholas can make a claim at all, in spite of the fact that his son was severely injured. For one thing, he was not in close proximity to the incident, he did not witness it at all and he was told about

Cross Cultural Management Issues of UK, China, Spain, and Finland Essay

Cross Cultural Management Issues of UK, China, Spain, and Finland - Essay Example This paper will assess the management issues which could arise in an international team consisting of English, Chinese, Spanish and Finnish members. It will then seek to propose methods for addressing these issues and dealing with them effectively. Cross-Cultural Concepts and Issues Which Could Arise There exist many differing theories as to the way in which cultures differ considerably on several levels. One pertinent theory put forth by Maletzke (1996) categorises cultural differences into 9 groups. Although these will be briefly stated, they are relevant in assessing which problems could arise for a manager of an international group. Maletzke states that cultural differences can consist in many different categories (1996). The national character of a culture consists in the shared basic behavioural patterns and personality traits of the people in the culture. In the business arena this can be an issue if one culture, being inherently different to another, finds it difficult to und erstand, or co-operate with the other. For example, the Spanish culture is open, loud and friendly whereas the Finnish culture is formal, softly spoken and favours courteousness. This may cause the Finnish person to be offended or overwhelmed by the playful, less formal characteristics of the Spanish person. The Spanish may also overwhelm the Chinese person as Chinese tend to be more softly spoken and less verbal. Another important element of culture is time concept, which has the potential to differ greatly between cultures and cause problems when co-ordinating meetings and planning schedules. Here there exists the potential for the Chinese and the English person to conflict in that the former is less prompt for meetings, and often has no fixed start or end time whereas the English person desires a more specified form of time management. This also applies to the Spanish who may stand alone in his lack of planning, relaxed perception of time and lack of willingness to restrict his d ay to particularly planned schedules and meeting times. The space concept of culture can cause problems in that the Finnish, English and Chinese may conflict with the Spanish concept of space. The Mediterranean culture of the Spanish places little importance on private space, and may even adopt constant forms of physical contact in order to communicate and express himself. This may cause discomfort, particularly for the Finnish culture which is likely to see physical contact between mere business associates as inappropriate and even offensive. For example, the Finnish method of greeting is a simple handshake with a smile, as is the English method. The Spanish is more likely to shake hands, yet place a hand on the back of the person he greets, or even kiss the cheek of the person he greets. The two methods are rather different and have the potential to cause issues in the business arena. Perception as a facet of culture also has the potential to be an issue, in that it could represen ts which each culture defines as important and non-important. Perhaps the largest potential of raising issues is the language and non-verbal communication of each culture. Of course, different languages are a major problem, though more importantly, even if