Essays on The Responsibility to Protect as a Duty of Care in International Law and Practice Assignment

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The paper "The Responsibility to Protect as a Duty of Care in International Law and Practice" is a great example of a Business Assignment. When a person is starting a business, there are a number of things that they ought to consider to ensure that unnecessary interferences are kept at bay. Among these considerations is the legal requirement which has different applications within the business environment. In the business environment are various laws that legislate the starting of business and how one is protected by them. In the case of disputes in these laws, the process of litigation ought to be called to task in order to ensure order in the business operation without unnecessary interference in regard to the nature of the business and the others around it.

The case of Ellen is one of these kinds, whereby, its nature of the operation is based on a quiet and calm environment where noise may bring it to an eventual immature end. It is observed that apart from the business being in danger of extinction from the renovation of the near building, Ellen has developed a condition involving a nervous breakdown.

She has been misadvised by the council officer on the suitability of the business. In this paper, therefore, the relevant issues in Ellen’ s side as well as the council’ s as per how they fulfilled or forfeited their obligations. Secondly, the relevant legal principles will be called into consideration according to their application to the facts at hand. Finally, a stance will be given as to whether Ellen has any claim against the council pertaining to the kind of advice that was accorded her. Relevant issues raised by the facts Negligence on the side of the council is raised in this case.

The council was supposed to have a comprehensive knowledge of the different constructions and renovations that were to take place in the city suburbs. This implies that the council officer who gave the advice to Ellen did not take time to explore the files; he just rushed through the information in the computer and gave inadequate information to Ellen. For Ellen, this was enough consultation with the council that granted her confidence to go on with the setting up of the meditation studio.

Her ignorance of the matter could not have been overcome as she had to rely on the authorities in the matter. Closely connected with negligence is the forfeiting of the duty of care by the city council. The council was supposed to have been concerned about the setting up of alternative medicine facilities and assisted considered the impact of making a careful search into their information databases to give detailed and informed advice. In this regard, therefore, the city council had contributed to the interference of Ellen’ s meditation studio and her eventual nervous breakdown. Concealing of information is another issue that comes into Ellen’ s case.

If the city council did not know about the construction, then the owner of the building being renovated had not probably informed the council. This means that by extension, they had contributed to the interference with Ellen’ s studio, as well as her nervous condition. Personal injury is another thing that comes in this case. Ellen’ s nervous disorder sets in after she realizes that her planned career is at stake and she’ s helpless.

She may be undergoing losses points to the eventual closure of the business causing a total loss of her investment. At the same time, Ellen takes care of clients who come for therapy from her facility. If the clients are not given the appropriate treatment as a result of the noise from the renovation site, then by extension, the injury will have been caused and so the city council is culpable. At the same time, assuming that the owner of the renovated building did not report to the council, then on top of concealing information, they will be responsible for Ellen’ s injury along with her clients. Ellen, on her side, is also to blame considering the circumstances around the inquiries at the council office.

The officer was called in the middle of the conversation as she asked about any construction going on at the site where she was to set her meditation studio. When the officer came back, Ellen was supposed to have insisted that the officer check slowly into the information. At the same time, the answer the officer gave was quite insufficient: he just said, “ Relax, everything will be fine” which was ambiguous, unclear and indistinctive.

Ellen ought to have prodded him further for him to explain what he meant by his words.

References

Arbour, L. (2008). The responsibility to protect as a duty of care in international law and practice. Review of International Studies, 34(3), 44

Buckley, W. R., & Okrent, C. J 2004, Torts and personal injury law. Clifton Park, NY, Thomson/Delmar Learning.

Eisenberg, M. A. (1999). Corporate law and social norms. Columbia Law Review, 1253-1292.

Gillies, P 2004, Business law. Sydney, Federation Press.

Gregory, W. A. (2005). Fiduciary Duty of Care: A Perversion of Words, The. Akron L. Rev., 38, 181.

James Jr, F. (1952). Scope of Duty in Negligence Cases. Nw. UL Rev., 47, 778.

Kalven Jr, H. (1958). Jury, the Law, and the Personal Injury Damage Award, The. Ohio St. LJ, 19, 158. Morris, C. (1960). Punitive Damages in Personal Injury Cases. Ohio St. LJ, 21, 216.

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