2. Negligence

2021 ◽  
pp. 11-21
Author(s):  
Carol Brennan
Keyword(s):  
20Th Century ◽  
Major Influence ◽  
Duty Of Care ◽  
Test Set ◽  
Primary Means

This chapter discusses law on duty of care. Duty is the first element in the ‘negligence equation’ and the primary means of limiting liability in negligence. It begins with the fundamental ‘neighbour principle’ of Donoghue v Stevenson and charts its evolution throughout the 20th century. The current ingredients of the test for determining duty of care in novel situations are: foreseeability; proximity; and fairness, justice, and reasonableness. This is the ‘three-stage’ test set out in Caparo v Dickman (1990), used in novel situations. Policy is a major influence on the development of duty in negligence.

2. Negligence: duty of care

2019 ◽  
pp. 10-20
Author(s):  
Carol Brennan
Keyword(s):  
Twentieth Century ◽  
Major Influence ◽  
Duty Of Care ◽  
Test Set ◽  
Primary Means

This chapter discusses law on duty of care. Duty is the first element in the ‘negligence equation’ and the primary means of limiting liability in negligence. It begins with the fundamental ‘neighbour principle’ of Donoghue v Stevenson and charts its evolution throughout the twentieth century. The current ingredients of the test for determining duty of care in novel situations are: foreseeability; proximity; and fairness, justice, and reasonableness. This is the ‘three-stage’ test set out in Caparo v Dickman (1990), used in novel situations. Policy is a major influence on the development of duty in negligence.

2. Negligence: duty of care

2017 ◽  
Author(s):  
Carol Brennan
Keyword(s):  
Twentieth Century ◽  
Major Influence ◽  
Duty Of Care ◽  
Test Set ◽  
Primary Means

This chapter discusses law on duty of care. Duty is the first element in the ‘negligence equation’ and the primary means of limiting liability in negligence. It begins with the fundamental ‘neighbour principle’ of Donoghue v Stevenson and charts its evolution throughout the twentieth century. The current ingredients of the test for determining duty of care in novel situations are: foreseeability; proximity; and fairness, justice, and reasonableness. This is the ‘three-stage’ test set out in Caparo v Dickman (1990), used in novel situations. Policy is a major influence on the development of duty in negligence.

scholarly journals Whose Canon? Culturalization versus Democratization

2012 ◽  
Vol 4 (2) ◽  
pp. 257-274
Author(s):  
Erling Bjurström
Keyword(s):  
Popular Culture ◽  
20Th Century ◽  
Identity Politics ◽  
Fine Arts ◽  
Social Identities ◽  
Canon Formation ◽  
Primary Means ◽  
Representational Model ◽  
History Of ◽  
The One

Current accounts – and particularly the critique – of canon formation are primarily based on some form of identity politics. In the 20th century a representational model of social identities replaced cultivation as the primary means to democratize the canons of the fine arts. In a parallel development, the discourse on canons has shifted its focus from processes of inclusion to those of exclusion. This shift corresponds, on the one hand, to the construction of so-called alternative canons or counter-canons, and, on the other hand, to attempts to restore the authority of canons considered to be in a state of crisis or decaying. Regardless of the democratic stance of these efforts, the construction of alternatives or the reestablishment of decaying canons does not seem to achieve their aims, since they break with the explicit and implicit rules of canon formation. Politically motivated attempts to revise or restore a specific canon make the workings of canon formation too visible, transparent and calculated, thereby breaking the spell of its imaginary character. Retracing the history of the canonization of the fine arts reveals that it was originally tied to the disembedding of artists and artworks from social and worldly affairs, whereas debates about canons of the fine arts since the end of the 20th century are heavily dependent on their social, cultural and historical reembedding. The latter has the character of disenchantment, but has also fettered the canon debate in notions of “our” versus “their” culture. However, by emphasizing the dedifferentiation of contemporary processes of culturalization, the advancing canonization of popular culture seems to be able to break with identity politics that foster notions of “our” culture in the present thinking on canons, and push it in a more transgressive, syncretic or hybrid direction.

Variability of the North Atlantic Oscillation in the 20th century

2021 ◽  
Author(s):  
André Düsterhus ◽  
Leonard Borchert ◽  
Vimal Koul ◽  
Holger Pohlmann ◽  
Sebastian Brune
Keyword(s):  
North Atlantic Oscillation ◽  
20Th Century ◽  
North Atlantic ◽  
Seasonal Prediction ◽  
Prediction Skill ◽  
Major Influence ◽  
The North ◽  
The North Atlantic ◽  
The North Atlantic Oscillation ◽  
Over Time

<p>The North Atlantic Oscillation (NAO) has over the year a major influence on European weather. In many applications, being it in modern or paleo climate science, the NAO is assumed to varying in strength, but otherwise often understood as being a constant feature of the pressure system over the North Atlantic. In recent years investigations on the seasonal-predictability of the winter NAO has shown that the prediction skill is varying over time. This opens the question, why this is the case and how well models are able to represent the NAO in all its variability over the 20th century.</p><p>To investigate this further we take a look at a seasonal prediction of the NAO with the Max Planck Institute Earth System Model (MPI-ESM) seasonal prediction system, with 30 members over the 20th century. We analyse its dependence of prediction skill on various features of the NAO and the North Atlantic system, like the Atlantic Multidecadal Variability (AMV). As such we will demonstrate, that the NAO is a much less stable system over time as currently assumed and that models may not be in the position to predict its full variability appropriately.</p>

4. Negligence: causation

2020 ◽  
pp. 80-105
Author(s):  
Carol Brennan ◽  
Vera Bermingham
Keyword(s):  
Essential Element ◽  
Duty Of Care ◽  
Legal Knowledge ◽  
The Third ◽  
Key Points ◽  
Primary Means

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. In addition to duty of care and breach of that duty, the third essential element to bring a successful action in negligence is causation of damage. In other words, the claimant must prove on the balance of probabilities that the breach caused his damage. The defendant cannot be made liable for the harm suffered by the claimant if he is not responsible, or partly responsible, for such harm—even if he has been negligent. The question of causation can be divided into two issues: causation in fact and causation in law (also known as remoteness). The primary means of establishing factual causation is the ‘but for’ test. Reasonable foreseeability of damage of the relevant type (Wagon Mound) is required to establish that the claimant’s injury is not too remote. The chain of causation may be broken by unreasonable or unforeseeable acts or events (novus actus interveniens).

6. Negligence: duty of care problem areas

2018 ◽  
Author(s):  
Vera Bermingham ◽  
Carol Brennan
Keyword(s):  
Essential Element ◽  
Duty Of Care ◽  
Legal Knowledge ◽  
The Third ◽  
Key Points ◽  
Primary Means

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. In addition to duty of care and breach of that duty, the third essential element to bring a successful action in negligence is causation of damage. In other words, the claimant must prove on the balance of probabilities that the breach caused his damage. The defendant cannot be made liable for the harm suffered by the claimant if he is not responsible, or partly responsible, for such harm — even if he has been negligent. The question of causation can be divided into two issues: causation in fact and causation in law (also known as remoteness). The primary means of establishing factual causation is the ‘but for’ test. Reasonable foreseeability of damage of the relevant type (Wagon Mound) is required to establish that the claimant’s injury is not too remote. The chain of causation may be broken by unreasonable or unforeseeable acts or events (novus actus interveniens).

China in the Late Leninist Era

1993 ◽  
Vol 136 ◽  
pp. 949-971 ◽  
Author(s):  
Robert A. Scalapino
Keyword(s):  
Mental Models ◽  
20Th Century ◽  
Science And Technology ◽  
Major Influence ◽  
The Creation ◽  
Institutional Foundations

In the course of the 20th century, the world's inhabitants have shared one fate in common. Sooner or later, they and their society have been plunged into the maelstrom of accelerating change, an upheaval at the root of which are the explosive developments in science and technology. The global revolution has unfolded in different ways, and has had diverse ideological underpinnings, structural attributes and institutional foundations. Other variables of great significance are timing and leadership. The timing of the revolutionary effort together with the stage of preparation on the part of the society involved have had a major influence in determining the degree of coercion likely to be employed. If a reluctant, ill-prepared society is pulled into modernity largely against its will, significant force has often been required, although the creation of a new faith through intensive ideological indoctrination has reduced the quotient of coercion in certain instances. Timing has also determined the develop-mental models available as well as the prevailing ideological currents, and hence the influences likely to carry the greatest weight with elites committed to change.

The contributions of David Tabor to the science of indentation hardness

2009 ◽  
Vol 24 (3) ◽  
pp. 581-589 ◽  
Author(s):  
Ian M. Hutchings
Keyword(s):  
20Th Century ◽  
Scientific Understanding ◽  
Major Influence ◽  
Indentation Hardness ◽  
Hardness Testing ◽  
History Of ◽  
The Subject

Tabor’s book The Hardness of Metals, published in 1951, has had a major influence on the subject of indentation hardness and is by far the most widely cited source in this area. Although hardness testing was widely used for practical purposes in the first half of the 20th century, its use was generally based on little scientific understanding. The history of indentation hardness testing up to that point is reviewed, and Tabor’s contribution is appraised in this context.

scholarly journals The Flexner Report of 1910 and Its Impact on Complementary and Alternative Medicine and Psychiatry in North America in the 20th Century

2012 ◽  
Vol 2012 ◽  
pp. 1-10 ◽  
Author(s):  
Frank W. Stahnisch ◽  
Marja Verhoef
Keyword(s):  
Alternative Medicine ◽  
Complementary And Alternative Medicine ◽  
20Th Century ◽  
Psychiatric Treatment ◽  
Basic Research ◽  
Modern Medicine ◽  
Biomedical Science ◽  
Major Influence ◽  
Flexner Report ◽  
Complementary And Alternative

America experienced a genuinely vast development of biomedical science in the early decades of the twentieth century, which in turn impacted the community of academic psychiatry and changed the way in which clinical and basic research approaches in psychiatry were conceptualized. This development was largely based on the restructuring of research universities in both of the USA and Canada following the influential report of Johns Hopkins-trained science administrator and politician Abraham Flexner (1866–1959). Flexner’s report written in commission for the Carnegie Foundation for the Advancement of Teaching in Washington, DC, also had a major influence on complementary and alternative medicine (CAM) in psychiatry throughout the 20th century. This paper explores the lasting impact of Flexner’s research published on modern medicine and particularly on what he interpreted as the various forms of health care and psychiatric treatment that appeared to compete with the paradigm of biomedicine. We will particularly draw attention to the serious effects of the closing of so many CAM-oriented hospitals, colleges, and medical teaching programs following to the publication of the Flexner Report in 1910.

Archaeology within, archaeology without

2016 ◽  
Vol 23 (1) ◽  
pp. 10-18 ◽  
Author(s):  
Jeff Sanders
Keyword(s):  
20Th Century ◽  
Major Influence ◽  
Nation State ◽  
Individual Country ◽  
Nation States ◽  
Archaeological Work ◽  
19Th And 20Th Century

AbstractThe rise of the nation state has had a major influence on the development of archaeology. Nation states today, however, differ from their 19th- and 20th-century equivalents, and they both impact upon and use archaeology in different ways. By looking outwards from an individual country within a collective nation state, I will explore the forms that this can take. From a Scotland-based perspective, I will look at how various borders and boundaries, and the aims and objectives of those responsible for them, affect archaeological work. As well as looking at institutional and administrative boundaries and their effect on archaeology, I will also explore how archaeological work, and the stories we produce, can either question or reinforce the nation state. Ultimately, archaeology can be used in a very different way now than in the 19th and 20th centuries: it is less about the specific stories and more about the process of uncovering them. Rather than telling a national story, archaeology can be used as an instrument to deliver on wider objectives.

Sign in / Sign up

Export Citation Format

Share Document