Monday, August 24, 2020

Christo and Jeane Claude Essay Example for Free

Christo and Jeane Claude Essay Christo and Jeane Claude are a couple group. These two specialists are popular for changing the normal into marvelous work of art, for example, wrapping structures. They acknowledge no administration awards or subsidizing, no gifts, their lone salary is from the deals of their work of art. Almost the entirety of their artshows occur outside, regularly out in the open parks requiring no confirmation charges. Their personality or well known trademark as the wrapping craftsmen originated from their questionable work named Wrapped Reichstage, Berlin, 1971-1995, a whole German Parliament Building in silver texture seeming as though a wedding cake. (Sternbergh,no date). Numerous huge national images have been changed and giving new characters by numerous craftsmen. Structures, nature’s manifestations, world occasions have become smash hit books, films, musicals, tunes and plays. Whenever a craftsman creates anything, adding their character to it, the thing takes on that new picture. The Christos saw structures in a manner nobody else saw it. The Reichstage working in Berlin turned into a bit of model or fine art when Christo and Jeane Claude wrapped the structure. Fine art develops common customs, permitting others to utilize their minds to decipher the implications. â€Å"The Christos have made probably the most stunning works of the twentieth century utilizing texture in, over through and around normal and built forms† Powell, chief of national workmanship exhibition. The Christos use texture to give a unique style to conventional compositions, models and buildings† (no creator, 2002).Wrapping the Reichstage building, giving the deception of a wedding cake changed the structure into a masterful figure. Notes; Sternbergh, Adam (no date) The enthusiasm of the Christos; New York Entertainment; nymag. com date recovered July 24, 2007 http://nymag. com/nymetro/expressions/highlights/10897/No creator (2/4/2002) First American Survey of Christo and Jeanne Claude; artdaily. organization; Date recovered; July 24, 2007 http://www. artdaily. com/segment/news/list. asp? int_sec=2int_new=48b=Christo%20and%20Jeanne-Claude

Saturday, August 22, 2020

Goldman Sachs Fraud Case Research Paper Example | Topics and Well Written Essays - 2000 words

Goldman Sachs Fraud Case - Research Paper Example Goldman Sachs Fraud Case Introduction Goldman Sachs cheated financial specialists by neglecting to uncover the obvious irreconcilable circumstance on contract speculation it drifted as the lodging market got harsh. The charges that were presented by the Securities Exchange Commission against Goldman Sachs contended for unlawful activity and extortion in the exchanging of poisonous subprime contract subsidiary protections. By and by, Goldman Sachs confirmed that they were only after ordinary strategic approaches and had not submitted any off-base. The Goldman Sachs misrepresentation case evoked basic issues fixating on the insufficiency of the venture banking rehearses, and brought up the issue whether it is an instance of beguiling or deceptive conduct (Craig and Scannell, 2010). The three-month lawful trial eradicated near $20billion of the firm’s financial exchange esteem. An exuberant open conversation that followed the charge of Goldman Sachs by SEC focused on whether Gold man Sachs, comprehensively saw as an encapsulation of air pocket period eagerness, was likewise a criminal. Questions exuded on whether Goldman brokers justified judgment for purposely abusing the naivety of financial specialists to pick up from the exchanging of obligation instruments that were wagers on a market Goldman Sachs was destined to crumple (Whalen and Bhala, 2011). In spite of the fact that the exchange involved in the SEC’s claim can be viewed as little by Goldman Sachs’ guidelines, its plan implies profound inquiries in regards to the shortcoming of the banks in driving up a market inside home loan determined protections that waited for all intents and purposes slanted to implosion (Buell, 2011). The SEC was asking whether Goldman Sachs picked up from the two sides in a manner that negated their guardian commitment to their clients. The SEC asserted that financial specialists basically lost over $1billion dollars and that Paulson’s short choice obl igation instrument on the credit instrument determined a benefit of more than $1billion (Jones, 2010). Email traffic called attention to that Tourre in addition to others knew about the subprime disaster as ahead of schedule as January 2007 preceding the emergency turned out to be all out. The SEC looked for a limitation, spewing of benefits, and authorizes as to intrigue and common money related punishments (Craig and Scannell, 2010). Notwithstanding these charges, criminal investigators were investigating whether Goldman Sachs or its workers carried out protections extortion concerning the firm’s contract exchanging. #1 The Fraud Goldman’s case involved four types of protections that all assumed a few jobs in the midst of the 2008 money related downturn: first, the private home loan sponsored protections (RMBS) epitomizing a type of security got from pooling of home loans on private land into securities; a credit-default trade (CDS) speaking to a type of protection s trategy; a collateralized obligation commitment (CDO) speaking to an obligation security collateralized by obligation commitment; and, manufactured CDO’s (SCDOs) comparable to common to conventional CDOs barring that speculators own CDOs on genuine protections instead of the genuine protections themselves. The Securities and Exchange Commission (SEC) recorded a common extortion charge against Goldman Sachs and Co, also its VPs for misrepresentation for distorting data implied for speculators by misquoting key realities in regards to a money related item associated with subprime contracts at a second when the lodging market inside the United States began to disintegrate and lose esteem (Buell, 2011).â

Saturday, July 25, 2020

Apps on Apps on Apps on Apps COLUMBIA UNIVERSITY - SIPA Admissions Blog

Apps on Apps on Apps on Apps COLUMBIA UNIVERSITY - SIPA Admissions Blog (*Disclaimer: The applications identified in this article are based personal recommendations, and SIPA is not receiving any form of compensation for mentioning them in this blog post.) Alright incoming Seeples, because it’s 2019 and we use our mobiles for nearly everything I’ve compiled a list of useful Apps to download prior to your imminent arrival in NYC. Of course, none of them are a must-haves, however, many SIPA students find them useful especially if you’ve never lived in this city before (i.e.: students like me). I’ve got recs. on everything from rideshare Apps to money saving Apps. Hopefully, by the end of this article I’ll have you feeling App-solutely prepared to conquer this city! Your Compass to Campus Look, New York is a big place, and can be difficult to navigate if you are not familiar with your cardinal directions. Just in case you do not have this skill set, are unfamiliar with how a grid system works, or are just want to figure out how to get to that bespoke coffee shop in Brooklyn here are some Apps to help you get there: Google Maps: This App will map out step-by-step instructions for your preferred route no matter where you are trying to go and in real-time. It will allow you to map it by car, transit, or walking. It also allows users to route maps offline and discover new places across the city. Personally, this is my go-to App for getting around NYC. Apple Maps: If you’re an iPhone user, this App should already be somewhere on your Apple device. It does pretty much the same exact thing as Google Maps, but because of #BrandLoyalty, some prefer the trusty insights of this Apple-led navigation. MTA: Many Trains Absent, but Here’s how to Know Your Train is Approaching As you will come to learn, taking the MTA is by far the quickest and cheapest way to get anywhere in this city. However, it is also a somewhat unpredictable and illogical mode of transportation. My MTA: This is a New York must have. It will allow you to plan your trips, provided you with updates on planned and unplanned services changes, as well as real ETA’s for you trains. Transit: Very similar to the My MTA App, it allows you to plan your trip and provides you with real-time updates of your transit options. The App also allows users to compare their transit options in the App, and includes options for Bikeshare, Rideshare and walking routes. Sharing that Ride is Caring AND Good for the Environment Sometimes you find yourself out at 3 AM in the Lower East Side (LES) and the thought of taking public transportation is too much to bear.   This is where riding home to the Upper West Side (UWS) in the comfort of a strangers car is by far the most tantalizing option. Of course, you can take the classic NYC yellow taxi cabs, or you can use any of the below ridesharing options. Uber: One of the most popular ridesharing options, Uber will get you a ride anywhere in the city. It provides users with price estimates before selecting rides so you can be assured you’re getting the best price for you. Uber offer wheelchair accessible rides, black SUV options for big groups, and UberPool where users who are going in the same direction can carpool for a discounted rate. The only downside to this App is that on holidays or days when big events are happening there can be surge pricing and long wait times. Lyft: Is also one of the most popular ridesharing options in NYC.   Lyft offers pretty much the exact same services as Uber, such as a pool option, private car and SUV rides for larger groups. However, there are some differences, so here’s a New York Times article that weighs in on the millennial age-old debate: Uber v. Lyft. Via: While it isn’t the most used ridesharing platform, do not discount it here in NYC. Via is all about the carpool. It allows passengers headed in the same direction to share their rides. For SIPA student’s conscious of their carbon footprint, carpooling with VIA is a great way to be a friend to our environment. Via also allows users to use commuter benefits to pay for rides on their platform, a feature neither Uber nor Lyft have. Foodies Unite I think most of us can agree food is life, and with over 24,000 restaurants in Manhattan alone, the options to dine out in NYC are endless. These Apps are perfectly curated to placate the palate, especially if you need to refuel during a late night study session or need to order a bagel and coffee ASAP after a night out. Don’t worry, you won’t get quizzed on this Cuisine, but you will have to decide on where to eat. Seamless: This App has all the noms, and is extremely useful in Manhattan. It allows its users to order their food from over thousands of restaurants across Manhattan and will bring it right to your door. This App is excellent and the perfect option for a late night snack, or those who refuse to cook because grad school is hard enough. GrubHub: Classic move here, and when Seamless doesn’t have your local artisanal handmade pasta available, you should really check out GrubHub. The platform is similar to Seamless and brings your food cravings to life. I highly recommend for any student who just can’t bring themselves to leave the couch after getting through a 20 page essay. SIPA: Where the World Connects (Through Social Media) For some of us luddites social media may seem like the bane of our existence, however, I assure you it is alive and well at SIPA. WhatsApp: All I have to say is, in WhatsApp we Seeples, stan. If you don’t have this end-to-end encryption messaging App you need to get it. SIPA students use this platform to connect more than any other. The App lets you message 1 person, or start a group chat to firm up plans, and is considered the preferred method of communication for your average Seeple. Facebook: This social media platform is where Seeples create events. Personally, I keep a light social media presence, but almost everyone creates events throughout their time at SIPA on this platform.   If you have FOMO, you need this App just to keep your social calendar in check. Eventbrite: this App is utilized at almost every single SIPA function including the famous LASA parties (don’t worry you will soon know what these are).   I recommend getting it to make sure you have your tickets at the ready. It’s also a cool App because it will inform you of other events happening around NYCâ€"a great way to explore the city. Explorest: For all my Seeples out there doing it for the #gram. This App gives users the information they need to take the best photos in their city. The spots are listed by local photographers, and come with tips such as the best time to go and what to wear.   It’s great if you’re trying to live your best New York Life and want to show the Fam. back home. Spotify: A classic music platform to perfectly curate that intense study playlist. While Spotify is free to download, Spotify Premium is just $5 a month for students and includes: no ads, offline playing, and a free subscription to Hulu and Showtime (who needs cable at this rate). The Grad School Hustle is Real Digit: This App allows users to unknowingly save money as they spend. It tracks your spending habits, helps you budget your spending, and saves a bit of your money without you knowing its being withheld. It truly is an App curbs your spending, and saves you money! Acorns: With Acorns, users are able to use their spare change to micro-invest. This App allows users to track their spending, but also grow their funds by crafting a set of personalized strategies that allow them to invest at their discretion. Honey: This App is one of my favorites, and also comes in Google Chrome Plugin form.   Its purpose is to find its users the best deals, coupon codes, and promo codes for whatever website they are looking to make a purchase on. Everyone loves a good discount, and Honey is your best virtual shopping friend. Trust me, your bank account will thank me. “Because it’s Never too Early to Start that Job Hunt”- Every OCS Advisor I know you’re just about to start SIPA, but to be honest it is never too early to start looking to your future. Trust me when I say your OCS advisors and your professors will all say this. So, if you’re interested in job hunting here are a few Apps to help. LinkedIn: This is a must at SIPA, and your Professional Development professors will implore you to create a profile. It’s a great way to connect with SIPA alumni, and those whose industries you are looking to enter. Do yourself a favor and create a job profileâ€"it’s a great networking tool. ZipRecruiter: Another job App that gives you access to hundreds of job postings instantly.   It is rated the # job search App for Android and iOS, and will alert you when a job posting in your desired industry is released. Well, thanks for bearing with me, and I hope you found a few of these Apps useful. I know there are plenty more out there that would be useful, but these are the most used at SIPA and the ones I think new students would find useful. Hope you enjoyed it, and are furiously checking the App store to learn more!

Friday, May 22, 2020

Essay Justifying the Murder in Beloved by Toni Morrison

Justifying the Murder in Beloved by Toni Morrison Beloved is a tale about slavery. The central character is Sethe, who is an escaped slave. Sethe kills her child named Beloved to save her. The book is written so that different peoples points of view are put forward in different chapters. Toni Morrison presents three types of love relationships, parent-child, brotherly love and sexual relationships - within or near the confines of slavery. Slavery weakens the bond between mothers and there children. Three parent- child relationships exhibited in Beloved are the bond between maam and Sethe, Sethe and Beloved and Sethe and Denver. Their relationships explore the bond between all the characters.†¦show more content†¦Sethe truly loves her children yet still ignores the act of responsibility in respect of Beloved. Sethes frustration tells with Paul D due to her confused state. The only good thing she has is her children and they needed a mothers help and protection, whatever the situation. This love and protection however lead s her to kill her baby. Sethe sees no problem with all of this as it saves Beloved from going through the horror of slavery. This was all she cared about and therefore how she justified murder. Paul Ds character suggests that although the act of killing might have been committed out of a irrational hysterical loving mothers need to protect her child. He understands what Sethe cant; her act of so-called love is amazingly self-centered. She doesnt see this as being the case. When Beloved is re- incarnated, Sethe believes this is her baby and explains and defends her actions to her. Amy Denver saves Sethe. Amy is a white girl who came to Sethes side when she required it the most, aiding Sethe to deliver her fourth child. Amy means amor in Latin, which is another word for love. Sethe felt she was Beloveds sole protector, unlike many other slave mothers who never felt the attachment because they knew they wouldnt be with them all the time. When the girl appeared eighteen years later Sethe states I cannot lose her again. Sethe and Halle have aShow MoreRelatedThe Legacy Of America s History1671 Words   |  7 Pagesabout the issue of diversity, stating that â€Å"For the second year in a row, no black actors have been nominated...overlooking the work of actors, writers, directors, and other film professionals who are people of color† (Gay). In the novel Beloved, author Toni Morrison captures the audience into a historical metafiction about different characters that went through the horrors of being enslaved. The author takes the readers through various point-of-views, memories from the past, and explains the struggles

Friday, May 8, 2020

Etic And Emic Analysis On Suicide Terrorism - 1662 Words

Etic and Emic Analysis on Suicide Terrorism Exploring different cultures as well as your own in order to understand the various ways they do things compared to our own can be enlightening as well as challenging. The main challenge comes from being used to your own culture that it is difficult to view a different culture without any personal bias. Being born and raised in a culture and getting used to those norms of everyday life contributes to the bias that one may show, believing that their own culture is superior to another. This type of thought process is called ethnocentrism. But with the use of an etic and emic approach to analyze your own culture and different cultures will help eliminate ethnocentrism. Using an outsider’s†¦show more content†¦The reader eventually figures out that â€Å"Nacirema† culture is indeed the American culture. This article is very helpful in understanding that just because cultural aspects of America are the norm for you, those same aspects can seem eccentric to people of a different culture. Suicide terrorism is one of those acts of violence that is almost impossible to defend against. In his article, Atran (2003) explains suicide terrorism as â€Å"the targeted use of self-destructing humans against noncombatant-typically civilian-populations to effect political change† (pg. 1534). One of the most remembered dates is American history is September 11, 2001. This was a day in which suicide terrorism took the lives of nearly 3,000 Americans (History.com, 2010). This suicide attack is where 19 Al-Qaeda followers hi-jacked four airplanes and used them to crash them into the World Trade Center in New York and into the Pentagon in Washington D.C. This triggered the then President, George W. Bush to declare war to â€Å"destroy Osama bin Laden’s terrorist network based there† (History.com, 2010). Osama bin Laden was Al-Qaeda leader that claimed responsibility of the suicide att ack on the United States. This type of use of suicide terrorism was not only used to kill many innocent people, but to be televised and reported on to put fear into theShow MoreRelatedThe Impact Of Budget Cuts On Educational Institutions And Its Economic Effects1669 Words   |  7 Pagesput my shift my mind to an outsider’s etic view to enable me to examine my own culture. Furthermore, I will jump on the side of an insider to gain the emic perspective of a culture as if I have lived in it. In this paper I will specifically examine my own cultures educational crisis from an outsider’s perspective to understand where the failures are in our education. I will then dive into an insider’s perspective to the act and reasons behind suicide terrorism, and overshadow my own misconceptions

Wednesday, May 6, 2020

Family Conflicts Free Essays

Family Conflicts There are a lot of things that could cause conflict among a family. Some like jealousy, infidelity, and the way you were raised. Jealousy is the natural counterpart of love; when you commit your love to one person, you want an exclusive commitment in return. We will write a custom essay sample on Family Conflicts or any similar topic only for you Order Now Anything that threatens that commitment, whether it is another person, a hobby, a job or a situation, causes jealousy. You want the attention of the person you love; when it is taken by another person, activity or thing, you are jealous for the one you love, and jealous of whatever is claiming that person’s attention. It can cause the family to fight often which causes family to drift apart which causes emotional problems between the parents and children. Infidelity affects everyone in a family not just the parents. The children take a large blow from it too. It can cause them to act out. Experts say children who learn about parental infidelity react similarly to children whose parents divorce, except the emotional responses to cheating are deeper and can have greater, longer-lasting impacts. Children who see a parent cheat lose trust in them because the parent was always telling them to be good. But in the end they were the ones misbehaving. The difference in between parents being raised can have a large impact on the family and how they raise their own children. If a parent was raised in a strict family they might want to pass that to their teaching styles of their own children. But if theres a strict parent and a free willing parent, they may not see eye to eye. That in turn would cause them to fight about how their children should be raised. Which could end up in a crazy custody battle. How to cite Family Conflicts, Essays

Monday, April 27, 2020

Theory of Negligence Advance in High Court in Australia

Introduction In the resolution of civil cases involving claims of negligence, it is vital for the plaintiff to attest that the defendant owed him/her a duty of care, the breach of which resulted to a damage on his or her part. It is also crucial for the defendant to have recognised in the most reasonable sense that he owned a duty of care to the plaintiff.Advertising We will write a custom thesis sample on Theory of Negligence Advance in High Court in Australia specifically for you for only $16.05 $11/page Learn More This implies that every element of tort has concepts of value judgment ingrained in it. One such value judgment is the capacity to proof that the damage caused to the plaintiff was foreseeable in the most reasonable sense by a reasonable individual in a similar position as the defendant during the time of raising the negligence claims. In this end, a controversy emerges in determining what is foreseeable and what is not foreseeable. Conseque ntly, judges, not only from Australia, have to derive mechanisms of settling matters involving claims of negligence by determining the reasonableness of the claims, extents of duty of care owed to the plaintiff, and the degree of foreseeability of the damages claimed by the defendant1. Therefore, as revealed in the paper, judges theoretically apply an ‘objective test’ to disguise a ‘subjective’ value judgment in claims relating to negligence in the Australian courts. Components of tort of negligence in Australia and objective test In the Australian law, negligence comprises of two essentials components: â€Å"foreseeability of the risk of harm and the so called negligence calculus†2. The first component is central in providing a response to the query of whether a person deemed reasonable would have considered the necessary precautions to avoid the risks acerbated to the defendant. This is a quest to prove a duty of care. One of the ways of proofing d uty of care is through a subjective test in which the court has to determine whether the defendant knowingly subjected the plaintiff to situations likely to cause substantial harm. Another way of proving duty of care is through objective test applied by judges. This entails determining that a defendant failed to realise his/her actions towards another party (claimant) would have caused substantial harm; something that another party in such a position as the defendant would have realised. In Australia, the objective test disguises prior knowledge that one’s actions towards another person would cause substantial harm (subjective test) because the person claimed to have caused the damage is not vital to have prior knowledge that his/her actions could have caused the claimed damage3. Rather, the standard is to prove that another reasonable person in the same position as the defendant would have realised the probability of the damage and could have taken the necessary precautions to prevent its occurrence. However, even though this argument points at asserting that judges in high courts use objective tests to disguise subjective tests to settle claims of negligence in the Austrian courts, it is important to pin point that â€Å"foreseeability implies precondition for finding negligence†4.Advertising Looking for thesis on administrative law? Let's see if we can help you! Get your first paper with 15% OFF Learn More This means that a court cannot hold one accountable for not adhering to the necessary safety measures aligned with any unforeseeable risk. However, the fact that the defendant is needed to have foreseen a possible risk on the part of plaintiff does not necessary imply that the defendant needs to be considered as being negligent in taking appropriate precautions to make sure that the plaintiff was free from risks exposure as a subjective test would require5. Instead, a calculus for negligence is applied to lay the frameworks for making decisions on the necessary precautions that a reasonable person in the same position as the defendant (objective test) would have taken to eliminate the risks posed to the plaintiff, and which truncated in breach of duty of care. The negligence calculus applied by Australian judges’ sets out the various precautions that a defendant is anticipated to have taken into consideration before acting in a manner that a reasonable person would have known could have caused risks of harm to the plaintiff. According to Deakin, and Johnston, the calculus tests â€Å"a) the probability that the harm would occur if care was not taken, b) the likely seriousness of the harm, c) the burden of taking precautions’ to avoid the harm and, d) the social utility of the risk-creating activity†6. Essentially, the calculus entangles weighing these four components. For personal injuries, the approach of the court is not to test all these components separately for a proof of neglige nce claim to stand. Rather, â€Å"†¦the court simply asks in the light of these factors what the reasonable person in the position of the defendant would have done or not done in order to avoid harm to the plaintiff† (McGlone Stickley, n 11). In this context, it is arguable that, while the probability of risks may a scientific concept, the objective approach of foreseeabilty rests on both interference and knowledge. For example, â€Å"even though an event would be highly probable to occur, any person can foresee such an event if that person ought to know or even knows that such an event would take place†7. This means that judges interpret knowledge of an event likely to pose danger or harm to an individual resulting from undue acts of another person based on the alleged date of negligence but not on possession of such knowledge at some future time. Conversely, an event of low probability, which can truncate into harming another person (plaintiff) due to negligenc e of another person(defendant) is only foreseeable by any person in legal terms if that person ought to have known or even knows that such an event had taken place some times in the past8.Advertising We will write a custom thesis sample on Theory of Negligence Advance in High Court in Australia specifically for you for only $16.05 $11/page Learn More Consequently, it is deducible that, for the purposes of interpretation of validity of negligence claims in Australia, â€Å"whether a person ought to have foreseen a particular event is not a matter of what they knew, but of what the ‘reasonable person’ in their position would have known†9. This is why judges apply reasonable foreseeabilty to proofs entailing negligence claims. Essentially, this requires objective tests. Subject to the approaches of objective value judgment in Australia, a major problem emerges because low probability events may be foreseeable. Consequently, while it sou nds subtle to anticipate an individual to be held liable for failing to pay attention to precautions for unforeseeable risks, it is also unreasonable to anticipate an individual to have taken precautions to a risk possessing low probabilities just because it was foreseeable. In dealing with this challenge, in the case of Wyong Shire Council v Shirt (1980) 146 CLR 40, the high court held, â€Å"in effect, that a person cannot be held liable for failure to take precautions against a risk that could be described as ‘far-fetched or fanciful’, even if it was foreseeable†10. This simply implies that some risks possess very low liabilities to the extent that reasonable people would ignore them. Hence, such persons would not be considered as having breaching duty of care if such risks could have materialised and caused immense damage with the cheapness of mitigating them withstanding. Another objective approach in determining any claims of negligence, as set out by the A ustralian high court is the determination of circumstances in which individuals may be held liable for failing to prevent personal injuries and or death from occurring. This disregards the case where the negligence of the defendant to play his or her duty of care resulted into the harm and unless such conduct of the defendant was not too remote from the defendant’s negligent conducts11. The problem with such an objective approach is that individuals get rare opportunities and guidance on how and when their conducts so considered as negligent may amount to harm. Irrespective of this problem, the high court considers that such causation entangles two main aspects12. The first aspect is the factual causation while the second is the causal causation. The high court has established laws to deal with issues of causation both subjectively and objectively. Hence, further discussions of these aspects are beyond the scope of this paper. Further examples of objective approaches to judgm ents that are disguised as subjective value judgments are exemplified by Gaudron in Bennett v Minister for Community Welfare (1992) 176 CLR 408, 420-421.Advertising Looking for thesis on administrative law? Let's see if we can help you! Get your first paper with 15% OFF Learn More In fact, Gaudron reckons, â€Å"in the absence of evidence that the breach had no effect or that the injury would have occurred even if the duty had been performed, it will be taken that the breach of the common law duty of care caused or materially contributed to the injury†13. From this judgment, it is clear that the impact of objective value judgment in negligence claims is to ensure that the onus of proof in matters of causation are shifted to the defendants the moment the court establishes that the duty of care on the part of the plaintiff was breached. This also applies if the plaintiff suffered injuries that were foreseeable. This principle is widely approved by the high court in its recent settled cases. Its impact is to alter the traditional law relating to the causation of events leading to breach of duty of care coupled with having an immense potential in expanding the scope of the claims of negligence14. Conclusion In conclusion, in settlement of claims of neglige nce, the approach followed by the Australian high court is to proof that the defendant behaved in a style that would have caused injury, damage, or harm to the plaintiff. For the claim to hold, the paper has discussed that a consideration does not proof that the defendant failed to act to prevent the risk from occurring hence causing the claimed damage by the plaintiff. Rather, a consideration goes to proof that a reasonable person could have foreseen such risks. This implies that the court seeks to proof that the defendant acted in an unreasonable manner so that he or she caused harm on the plaintiff part. In this light, the paper has argued that the Australian courts judges theoretically apply an ‘objective test’ to disguise a ‘subjective’ value judgment in claims relating to negligence. The stand holds since the burden of the proof rests on the defendant to proof beyond any reasonable doubt that he was reasonable in acting in a manner that caused harm, a s claimed by the plaintiff, or he never acted in such a manner. Bibliography Australian Human Rights Commission, Fact Sheet 1: Defining Human Rights (2012) https://www.humanrights.gov.au/our-work/education/human-rights-explained-fact-sheet-1-defining-human-rights at 1 August 2012. Bennett v Minister for Community Welfare (1992) 176 CLR 408, 420-421. Brisbane Authority v Taylor (1996) 70 ALJR 866 at 871-2. Cook v Cook (1986) 162 CLR 376 at 390 (Mason, Wilson, Deane and Dawson JJ). Deakin Simon and Angus Johnston, Markesinis’ and Deakin’s tort law (Oxford University Press, 2003). Feinman, Jay, Law 101 (Oxford University Press, 2010). Kirby Michael, ‘Is legal history now ancient history’ (2009) 83 Australian Law Journal 31. McGlone, Frances and Amanda Stickley, Torts Law: Accessible and well-balanced overview of the law of torts in Australia (New Jersey, 2007). Victorian Law Reform Commission, Civil justice Review (Report No 14, 2008). Vines, Prue, Law and Ju stice in Australia- foundations of the Legal System (Oxford University press, 2009). Wyong Shire Council v Shirt (1980) 146 CLR 40. Footnotes 1 Australian Human Rights Commission, Fact Sheet 1: Defining Human Rights (2012). 2 Prue Vines, Law and Justice in Australia- foundations of the Legal System (2009) 10-37. 3 Brisbane Authority v Taylor (1996) 70 ALJR 866 at 871-2). 4 Jay Feinman, Law 101 (2010) 80-95. 5 Taylor (1996) 70 ALJR 866. 6 Simon Deakin and Angus Johnston, Markesinis’ and Deakin’s tort law (2003) 2-10. 7 Frances McGlone and Amanda Stickley, Torts Law: Accessible and well-balanced overview of the law of torts in Australia (2007) 23. 8 Cook (1986) 162 CLR 376. 9 McGlone and Stickley, above n 1. 10 Wyong Shire Council v Shirt (1980) 146 CLR 40. 11 Victorian Law Reform Commission, Civil justice Review (2008) 14. 12 Cook v Cook (1986) 162 CLR 376 at 390. 13 Bennett (1992) 176 CLR 408, 420-421. 14 Michael Kirby, ‘Is legal history now ancient historyâ€⠄¢ (2009) 83 Australian Law Journal 31. This thesis on Theory of Negligence Advance in High Court in Australia was written and submitted by user MaryJaneWatson to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.