A Definition of the Nguni Word Ubuntu

Ubuntu is a complex word from the Nguni language with several definitions, all of them difficult to translate into English. The Nguni languages are a group of related languages that are spoken in Southern Africa, mostly in South Africa, Swaziland, and Zimbabwe: each of several languages share the word, and, at the heart of each definition, though, is the connectedness that exists or should exist between people. Ubuntu is best known outside of Africa as a humanist philosophy associated with Nelson Mandela (1918–2013) and Archbishop Desmond Tutu (born 1931). Curiosity about the name may also come from it being used for the open source operating system called Ubuntu. Meanings of Ubuntu One meaning of Ubuntu is correct behavior, but correct in this sense is defined by a persons relations with other people. Ubuntu refers to behaving well towards others or acting in ways that benefit the community. Such acts could be as simple as helping a stranger in need, or much more complex ways of relating with others. A person who behaves in these ways has ubuntu. He or she is a full person. For some, Ubuntu is something akin to a soul force—an actual metaphysical connection shared between people and which helps us connect to each other. Ubuntu will push one toward selfless acts. There are related words in many sub-Saharan African cultures and languages, and the word Ubuntu is now widely known and used outside of South Africa. Philosophy of Ubuntu During the era of decolonization, ubuntu was increasingly described as an African, humanist philosophy.  Ubuntu in this sense is a way of thinking about what it means to be human, and how we, as humans, should behave towards others. Archbishop Desmond Tutu famously described ubuntu as meaning My humanity is caught up, is inextricably bound up, in what is yours. In the 1960s and early 70s, several intellectuals and nationalists referred to ubuntu when they argued that an Africanization of politics and society would mean a greater sense of communalism and socialism. Ubuntu and the End of Apartheid In the 1990s, people began to describe ubuntu increasingly in terms of the Nguni proverb translated as a person is a person through other persons. Christian Gade has speculated that the sense of connectedness appealed to South Africans as they turned away from the separation of Apartheid. Ubuntu also referred to the need for forgiveness and reconciliation rather than vengeance. It was an underlying concept in the Truth and Reconciliation Commission, and the writings of Nelson Mandela and Archbishop Desmond Tutu raised awareness of the term outside of Africa. President Barack Obama included mention of Ubuntu in his memorial to Nelson Mandela, saying it was a concept that Mandela embodied and taught to millions. Sources Gade, Christian B. N. What is Ubuntu? Different Interpretations among South Africans of African Descent. South African Journal Of Philosophy 31.3 (August 2012), 484–503.Metz, Thaddeus, and Joseph B. R. Gaie. The African ethic of Ubuntu/Botho: implications for research on morality. Journal Of Moral Education 39, no. 3 (September 2010): 273–290. Tutu, Desmond. No Future Without Forgiveness. New York: Doubleday, 1999.This article expands upon the definition of Ubuntu published by Alistair Boddy-Evans

Essay on Case Study - 1146 Words

Abstract It is always important to research your interviewee before conducting your interview. The main reason is because you never want to offend anyone nor do you want to be disrespectful without actually meaning it. If you want a good turnout especially in a business setting always see whom your audience is. Some common areas of intercultural misinterpretations are female-male interaction, respectfulness, attire, and language. Keywords: interview, respect, Japan, persuasion, taboos In scenario number two, Margaret Owens is getting ready to conduct interviews in order to find Japanese representatives to help her company market a line of pharmaceuticals in Japan. After having her interview with the Japanese representative she was†¦show more content†¦The case did not specify if the interviewees were all women, all men, or if it was both men and women at the interview. But lets say if all the interviewees were men, Margaret Owens could of research how to conduct her interview before the actual date to ensure that things went smooth. For example it is appropriate to swap business cards (Meishi) when you are meeting them for the very first time. It is also appropriate to make sure that you examine the business card very vigilantly and to memorize their name. Since this was a business interview I am sure the interviewees had business cards to give to Margaret and if they did she probably did not know what to do and may have just accepted but in the disrespec tful way which is putting it into her pocket or not accepting it with both of her hands (Maciamo, n.d.). â€Å"Respect† in this case somewhat goes hand in hand with male and female interaction. Every culture has their own definition of respect and knowing this is very important (Bell, 2010). According to Margaret Owens and most of America, showing eye contact lets others know that you are listening and you are paying attention and really care of what the other person is saying. But according to Margaret Owen’s boss who is Asian, showing eye contact can mean disrespectful andShow MoreRelatedCase Studies : A Case Study Approach Essay1157 Words   |  5 PagesA case study is a specific instance that is frequently designed to illustrate a more general principle (Nisbet and Watt, 1984). Hitchock and Hughes (1995) further suggest that the case study approach is particularly valuable when the researcher has little control over evens. Case studies strives to portray ‘what it like’ to be a particular situation, to catch up reality and ‘thick description’ (Geertz, 1973) of participants’ lives experiences of, thoughts about and feelings for a situation. 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Development Aplication Assessment

Questions: Develop skills in analysing and assessing development proposals. The assignment will also develop your skills in preparing arguments to justify your assessment of the critical issues, and to support your recommendation.The components of the assignment include: 1. Identifying the environmental, social and economic impacts associated with a development application, 2. Assessing these against the relevant planning controls and the Environmental Planning and Assessment Act 1979, and 3. Supporting your recommendation in a report suitable for a local council. Investigate the structure of reports to council by looking up meeting agendas. Usually these are found under About Council and then meetings tab on a councils website. Note that some councils have a development committee or something similar. This is the common place to find reports. Answers: Site Description and Site Locality This assessment report concerns constructional development of a building that has been designated as child day care center. The street address of the property is given as 17, Endeavour Street, Sans Souci, Kogarah, Sydney -2219. An existing building has been demolished with prior necessary permissions. The upcoming building and adjoining properties are to be named the Sans Souci Early Learning Center. The type of development as described to the Kogarah City Council is construction of a structure. The site lies in a proper residential neighbourhood with one and two storey houses all around the street. The construction site is bordered by a one and two storey brick residence of flat roofing in the North West, a brick and clad cottage with riff ridge in the North East, Endeavour Street on the South(which is in turn connected to the Rocky point Road) and an adjoining boulevard called The Boulevarde in the East. Site is accessed currently from The Boulevarde, intersection of The Boulevarde and Endeavour Street acts as two one way streets due to a median, school zone speed limit rules are applicable along both the main streets surrounding the site and there are footpaths and walkways for pedestrians along both The Boulevarde and also Endeavour Street. The locality is a civilized neighbourhood and all the typical amenities available in any normal residential with respect to power, drainage, emergency services and means avenues of transportation are all present. The construction site has a number of tress primarily towards the North West and the south borders. These trees have been planned for removal and this step is bound to have some significant environmental impact, which needs to be assessed properly regarding its effects on the local environment. A proposal have been given by the concerned project contractors and owners, though, that new trees and plants will be planted in place of the ones that are to be removed The property has a 1.2 metre fence that runs all a round it, a synthetic grass play area, has a vehicular driveway adjacent to the play area and separated from it by a shade structure. Appropriate emergency exits, child proof security structures and measures are all present. Background of the project site The site for the proposed construction project has never been considered for any prior construction developments and hence no precious applications for development have been lodged to and judged by the local council authority. No relevant or proper application of any kind have been received in a very long time period regarding any kind of development, leasing or modification of the land at the site or with respect to the erstwhile property that has been already demolished. The site was designated a residence since the first formation of the local neighbourhood in the Sans Souci area. Description of Development Application An easily understandable description of the complete developmental plan for the proposed project is given point wise: An existing structure at the project site is to be demolished. A two storey child day-care centre with a facility of basement car parking is proposed to be constructed. The proposed center will accommodate a total of forty seven child care places supervised by eight staffs. Ground level of the building will consist of directors office, kitchen, lunch room, storage areas of various purposes, and other necessary amenities. Play areas that are inside the building will have easy access to covered and uncover outdoor areas. The child care centre will be accessible from the vehicular crossings on the side of The Boulevarde Connells. The approximate cost of the proposed construction project is around One Million Forty Six Thousand Sixty Three Australian Dollars. According the legislative guidelines and procedural steps regarding lodging a development application to the Kogarah City Council, any project with total estimated costs of above seven hundred and fifty thousand dollars, a detailed cost report is required to be filled by a certified quantity surveyor in reference to the clauses and conditions laid down in the Kogarah section 94A Contribution Plans. The Development Contributions Plans of the Kogarah city council identifies any applicable levies on the construction project, authorizes any condition set or imposed on developments, assists the city council to provide the required public amenities appropriately and facilitates the execution of the Community strategic Plan. The actual development application form also lists certain additional points, obviously in accordance with the data requirements of the app lication. Extra but vital data gathered about the site is that the land and the property at the site are not a part of any kind of critical habitat or ecosystem. No species of plants and animals, indigenous populations or any ecological community will be endangered or affected during the process of development. And the development procedures comply and follow the required biodiversity compliance rules. Additional approval under Section 68 of the Local government Act 1993 is not required. Neither is any approval and agreement or permits and licenses for the action and development plan is required from many State Agencies, as the construction project is not an integrated developmental undertaking. No political donations or similar gifts have been done by the owner and /or the applicant in the last two years. The applicant also has not applied for a construction certificate and also does not wish to appoint the Kogarah City Council as the principal certifying authority. A list of all t he attached documents have also being mentioned. From the given project plans, certain characteristics of the project can be noted. The structure has two streets in the southern and eastern directions and has two houses to the northern and western directions. Synthetic grass playgrounds are to be constructed which will act as outdoor pay areas for children. All around the property, a 1.2 to 1.8 meter high child proof fence runs parallel and adjacent to the borders. A concrete driveway is the primary means of access to the facility from the side of The Boulevarde; a vehicular crossing layback is to be constructed with compliance to the council development rules. There are two emergency exits in the south western and eastern sides of the building; a child proof gate on the eastern side; shade structures cover a particular area of the playground that also houses a sand pit. Steel posts are used as support structures for the security fence. The development will require the removal of a number of trees on the southern, western and north western sides of the property. This is a serious issue that will impact the local environment and may cause dissatisfaction and problems for the neighbouring residential areas. Compliance with relevant statutory requirements According to Clause 7 of the State Environmental Planning Policy Number 55 of the Kogarah City Council, no permissions for development on contaminated or health hazardous land would be granted. But certain investigations have been done and it has been deduced that the site for proposal is not contaminated chemically or biologically in any way and had been designated a residential site suitable for living from the time when the land was first subdivided into individual residential lots. The proposal for development utilizes certain signages and advertisement boards which are consistent in complying with the SEP policy in that, the signage in front of the centre has compatibility with the amenity and visual character of the residential neighbourhood area, is of optimum quality and has good finishing and effectively describes the purpose of the facility. (Environmental Planning and Assessment Regulation 2000, 2013) An assessment of the signage, incorporated for identification and promotion of the facility, is given in check listed tabular form below. Criteria Comment 1. Characteristics of the site Is the suggestion compatible with the desired or the existing characteristic of the site or the locality at which the project is suggested to be situated? The suggested signage is suitable and consistent with the patterns and characteristics of the site where the project is to be situated and developed Is the suggestion or the proposal suitable to a particular theme for the purpose of executing outdoor advertising in the chosen locality or area? There are no particular themes that are found in the chosen area or locality for executing outdoor advertising but the signage is consistent with signage rules of day care centers. 2. Special areas Does this project proposal detract the visual qualities of any surrounding environmentally delicate area, areas of cultural heritage, natural conservation, waterways, rural or urban residential areas? No, it does not detract the visual qualities of the environment and any other mentioned is not applicable in this case. The signage instead helps in breaking the currently existing building frontage. 3. Views and the vistas a) Does this project proposal compromise or obscure any important views? No, it does not compromise or obscure any of the important views as the signage is mounted with a flush that helps in alleviating visual impacts. b) Does this project proposal decrease the quality of vistas or dominate the existing skyline? It is situated under the ridge of the buildings roof and hence does not degrade vista quality in any way 4. Setting, streetscape and landscape Do the scale, scope and form of the proposed signage find appropriateness with respect to the streetscape, landscape or setting of the neighborhood? The signage incorporated in this facility is similar to the patterns of the other signages used in nearby educational and care facilities and thus, does not impede the beauty and landscape of the locality. Does the signage to be used in the proposal enhance the visual interest or ambience of the locality? The signage breaks the monotony of the existing building facades. Does the signage reduce the clutter of nearby advertising by being designed rationally and in a simple fashion? Minimum amount of signage is required for the project and hence no unnecessary advertising has been erected. Does the proposed signage screen spread unsightliness? The signage is integrated with building design but does not create unsightliness Does the signage exceed and protrude from tree canopies or any existing roofline? The signage does not extend above the mentioned structures. Does the signage under proposal require any management of surrounding vegetation? No 5. Building and associated Site a) Does this project proposal express any imagination or innovation with respect to the design building and the site (or both of them)? This signage is designed in such a way so that it can be complementary of the building. b) Does this project proposal give respect to all the important features of the building or the site (or both of them)? It does give respect to the important features of both of them (building and site). c) Is the project proposal suitable for the proportions, scales and other properties and characteristics of the site? It is suitable with the proportions, scales and also with the characteristics of the site as well as with any of the buildings that exist near the site. 6. Devices which are associated with the project, logos, advertisements and the structures of the advertisements. a) Are there any platforms, safety devices, logos or lighting devices that are known to be an integral part of the signage which is to be displayed? The signages contain a logo which is to be displayed as the logo of the child care center. 7. Illumination a) Can illumination of the signage have a negative impact on the safety of the vehicles, aircrafts and also on the pedestrians? No b) Can illumination result into a curfew? No c) Can the illumination provide an unacceptable glaring? No d) Is the illumination capable of detracting from the amenity of a residence? No e) Is the intensity of the illumination adjustable (if required)? No 8. Safety a) Would these particular project proposals obscure sightlines from the public places or locations? No b) Would this project proposal reduce the safety for the children? No c) Would this proposal reduce the safety for the bicyclists or the pedestrians? No d) Would this proposal reduce the safety for the public roads that are located near the site? No Next, the subject of project compliance with the Kogarah Local Environmental Plan 2012(KLEP 2012) is dealt with. Standard Requirement Proposal Compliance Zoning E4 Environmental Living Chile day-care centres are permitted to open in this particular type of designated zone with proper approval of the local authorities regarding the said development. Yes Clauses of the KLEP 2012 Proposal Clause 5.9Preservation of trees and vegetation The development application comes with a landscape plan where it has been mentioned that certain trees will be cut but new ones will be planted in accordance of the new landscape of the facility; hence objectives of this particular clause are fulfilled. Clause 6.1Acid Sulphate soils The designated area is not on any acid sulphate map and excavations of basement parking will not impact the local watertable in any way Clause 6.2 Earthworks Construction management plan needs to be submitted regarding the subject of site digging, land filling, excavations and other earthworks. Public Consultation or Referrals Certain consultations need to be done with the neighbouring residences as certain objections and complaints have been submitted by the occupants of adjacent houses. Seven submissions have been received from residential lots 22 to 34 Endeavour Street regarding the loss of on street car parking facilities and an estimated increase in the volume of traffic at the involved intersections. Data given in the Traffic and Parking Assessment Report which has been done by the McLaren traffic engineering company shows that a total of twelve car parking spaces are required for the facility. At peak staff levels, a maximum of six cars will be parked near the facility. Endeavour Street is wide enough and provides sufficient parking spaces for both facility staff and the nearby residents. Moreover, traffic will not be affected even during peak hours of vehicular movement and will not have any significant impact on the current traffic congestion levels and performance of the existing network of roads and intersections. Two submissions have been received from 19 Endeavour Street and 19A the boulevard regarding the excessive amount of noise and commotion that will emanate from the child care facility. Objection to intrusion of privacy due to overlooking of their gardens and houses as the building is two storeyed. The rear section of the proposed building has a low flat roofing system that helps in minimising the complete bulk and built form of the building. Enough setbacks have been incorporated in the design plans to ensure that the buildings outline does not invade the privacies of the neighbouring homes and thus the amenities of the surrounding properties are not hampered in any way. Acoustic reports submitted by SLR Consulting show that the facility has all the necessary noise mitigating measures installed and integrated in its design to make sure that excessive noise is not generated in any way and has thus negated any detrimental impact on the adjoining properties. (Phillipa, Penelope and Delwyn, 2004) Environmental Planning Assessment In order to properly assess the environmental impacts of the proposed project, certain relevant matters pertaining to the characteristics of the construction and the subsequent structure have to be evaluated by a consent authority. Section 79C (1) (a) environmental Planning Instruments: The Kogarah City Council has found no evidence of any kind of contamination of the project site and has also stated that the site was designated as safe residential area since the early subdivision of the neighbourhood. No objection to development is thus valid in this case. The signage used by the owners for identification and promotion of the facility has been found to be in compliance with the guidelines laid down by the appropriate legislation and the Council. Gauging from the facts mentioned in the related checklist given in the previous pages, the property signage was found to be in compatibility with the desired and necessitated amenities pertaining to the visual character of the area, delivers adequate communication in every suited locations and the signage structure itself id of really good quality and high grade finish. The site and the project also agree with objectives of the Kogarah Local Environmental Plan 2012. The proposed dwelling will have a normal residential appearance and thus will maintain consistency with the vista and visuals of the area and the neighbourhood. No degradation of the local amenities will occur during and after the construction of the structure. Certain other related clauses and provisions are also met by the development. An arborists report and a landscape plan have been included along with the development plans where details regarding the removal and subsequent plantation of vegetation have been clearly given. The site soil does not consist of any kind of acid sulphate and thus the construction processes will not pollute or contaminate the local water table. Along with this any kind of excavation or digging in and around the site will not have any kind of negative environmental impact on the locality and its flora fauna. (City of Sydney Child Care Centres Development Control Plan, 2005) Section 79C (1) (a) (ii) whether any of the proposed instrument used have ever been the subject of any type of public consultation under this Act and if yes, whether it has been notified to the consent authority Drafting and assessing instruments used in this consultation have never been subjected to any kind of public consultation which requires special consideration. Section 79C (1) (a) (iii) any development control plan utilized The Kogarah Developmental Plans are well matched regarding the site and the associated project. Building design plans show that there are enough setbacks that mitigate and alleviate the disturbances and negative impacts of the bulk and shadow of eth building on the adjoining properties and also conform to the overall visuals and landscape of the neighborhood. The project site is a lot that is located in a corner and the adjoining streets, that is, Endeavour Street and The Boulevarde Connell do not have heavy traffic densities. The facility has a basement drop off and pick up amenity preventing any kind of congestion on the streets. All of the above features of the building ensure that the project complies with all desirable criterions. Forty Seven places have been reserved for child care purposes and in this light, the proposal complies with the necessary requirements of the KLEP 2012 and KDCP 2013. The traffic assessment report attached with the development plan show that twelve off street spaces have been allotted for parking purpose in accordance to the Councils DCP. The traffic generated after the opening of the facility will not have any big detrimental impact on eth already existing traffic patterns or on the existing road networks. The proposed center has considered all of the relevant steps required to maintain the privacy and amenity of the adjoining residential structures by including setbacks, deep soil zones and various visual acoustic privacy provisions. The parking spaces of the proposed project are in compliance with the minimum ratio of parking of the Australian Standard 2890-Parking Facilities. The outdoor play grounds of the facility meet the minimum requirements and are also compliant with the required design requirements with the integration of shading devices, sunlight and normal ventilation, accessibility of toilets , sight lines etc. (Environmental Planning and Assessment Act 1979 No 203, 2014) Section 79C (1) (a) (iii) any planning agreement that has been entered into under section 93F, or any draft planning agreement that a developer has offered to enter into under section 93F There is no relevant draft planning agreement pertaining to the project or the site. Section 79C (1) (a) (iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph), that apply to the land to which the development application relates With certain exceptions that are related to the procedures related to Development applications, the matters described in the regulations have no connection and relevance to the project. Section 79C (1) (a) (v) any coastal zone management plan (within the meaning of the Coastal Protection Act 1979), that apply to the land to which the development application relates The proposed project is not built on land captured from the sea. Section 79C (1)(b) the likely impacts of that development, including environmental impacts on both the natural and built environments and social and economic impacts in the locality As evident from the traffic assessment reports done by McLaren Traffic engineering, no detrimental effects will occur on the current vehicular movement pattern of the area with the addition of traffic going in and out of the day acre facility. The facility is likely to create considerable employment opportunities in the area and thus will enhance the local economy. In addition, the child care services provide by the facility will supplement the other similar facilities in the vicinity. Section 79C (1) (c) the suitability of the site for the development With proper developmental consent, the project contractors can undertake the demolishment of existing structures and build the proposed building. The child care centre to be constructed can be properly constructed and accommodate in the site. Section 79C (1) (d) any submissions made in accordance with this Act or the regulations The development application has been notified in accordance to the policies of the Kogarah city Council. No submissions were done to the Council during the preparation of the application documents Section 79C (1) (e) the public interest All the relevant and related requirements applicable to and affecting the proposed project which have been laid down in the KLEP 2012 and KDCP 2013 have been satisfied by the given development applications and associated documents. This particular construction project will not have any major or minor detrimental and unreasonable effects on the immediate environment and residential neighbourhood, and hence does not obstruct any public interest. Conclusion and Recommendation At the end of this development application assessment report, it can be evaluated that the construction work at the proposed site for the development of the Sans Souci Early Learning center has no degrading or negative social, cultural or environmental impacts on the locality and neighbourhood. The owners of eth project have taken every precaution to ensure that the building and its signage do not stand out in an odd fashion with respect to the normal vista of the locality. Enough setbacks and open spaces have been designated to preserve the privacy and amenity of eth neighbouring houses. Project authorities will plant trees and will properly replace all the vegetation that will be removed during the construction process. Parking spaces and amenities that will be constructed will ensure that no extra traffic congestion occurs in the intersections adjacent to the building. Thus, the project plans are in compliance with all the relevant provisions laid down in the Environmental Planning and Assessment act 1979, along with any local council planning policies. The site and the design plans will be able to properly satisfy all requirements and meet the needs of a day care centre, with no detrimental impacts on eth surroundings. It is recommended to the Kogarah City Council that they favorably consider this particular development applications and associated plans and reports and allow the execution of the proposal. References City of Sydney Child Care Centres Development Control Plan. (2005). . Environmental Planning and Assessment Act 1979 No 203. (2014). . Environmental Planning and Assessment Regulation 2000. (2013). . Phillipa, W., Penelope, M. and Delwyn, J. (2004). Environmental assessment for commercial buildings: Stakeholder requirements and tool characteristics.

Development of Concept of Contributory Negligence †Free Samples

Question: Discuss abou the Development of Concept of Contributory Negligence. Answer: Introduction The legal meaning of the word tort is a wrong" or a violation of ones obligations as imposed by the law. When someone violates the imposed duties, the other person concerned with those duties suffers some injuries. Such injuries could be either physical or to the properties. For a further understanding of the application of the law of tort, this paper will draw from two scenarios. The first one would be a scenario of an accident that involves Katie, Max, and Rita. Katie is the driver who causes the accident. Max is the pedestrian who is a victim of the accident. Max also had closed the road without obeying the traffic lights and also seeing Katie's vehicle approaching. Rita, an eyewitness, allegedly suffers a nervous breakdown which causes her future phobia about crossing streets. The second scenario that this paper will examine regards the case of XYZ Bank and Harry. Harry provides an untrue valuation that XYZ relies on while issuing a loan to its client, Robbie. Later, the bank suf fers loss due to Harry untrue reports. Katie, Max and Rita Issue This scenario is a combination two main issues; contributory negligence and psychiatric injuries. Particularly, Katie and Max claims would fall under contributory negligence. Rita issue would fall under the principles of psychiatric injuries or nervous breakdown. Rules of Law For a start, contributory negligence is a major defense against a claim of tort. This defense generally arises in situations where the plaintiffs failure to observe reasonable care contributes to their injuries(Dongen Verdam, 2016). In the past, common law could allow the defense of contributory negligence to defeat a plaintiff s claim especially where the court found the plaintiff had 100% contributory negligent. The recent statutory provisions have abolished that principle and they now provide for the apportionment of damages as per the plaintiffs degree to of contribution as stated in section 9 (Law Reform [Miscellaneous Provisions] Act , 1965). The section 9 (1) b allows the court to determine damages considering each partys negligent contributions to the damages. In other words, the defense would never fully exonerate the defendant from the claim(Goudkamp, 2015). A landmark case for this principles is (Podrebersek v Australian Iron and Steel , 1985). The plaintiff was working as a gas regulator in the defendants company. He screwed the gas valve badly leading to a gas that caused his injuries. The court found the employer 10% guilty of negligent while the plaintiff had 90% contributory negligent. Also, in ( Turkmani v Visvalingam , NSWCA 211), the court of appeal found that the claimant had 80% contributory negligent. The claimant was jogging in a Dont Walk intersection when he was struck by the defendants van. On the part of Rita, the claim falls within the scope of pure psychiatric injuries. While handling these cases, courts create a distinction between primary and secondary victims. Primary victims are those who are actual victims the incident while secondary victims are eyewitnesses and people who arrive at the scene immediately after the incidence(Strong Williams, 2011). In a general sense, the defendant owes no duty to the world for preventing people from seing a shock. Therefore, for a court to allow a secondary victim to claim psychiatric injuries, the following elements must be available; There must be a close bond of love and affection between the primary and secondary victim. There is always a close among spouses, parents, and children. Anyone who is not among these people must provide a reasonable connection. Secondly, the court also requires a geographical closeness to the scene of the incidence or its aftermath(Mulheron, 2016). Courts require the claimant to be either at present or arrive soon after the incident. Stories from third parties of television do not substantiate geographical proximity. In (Janesch v Coffey, 1984) the claimant suffered nervous shock after seing her husbands injuries in the hospital. The court awarded her the claimed damages after finding that there was proximity even though the wife was not at the scene of the accident. Lastly, there should be a medical proof of psychiatric illness that a claimant alleges to have suffered(Mullis Oliphant, 2011). In summary, the South Australian section 53,(1b) of ( Civil Liability Act , 1936) limits secondary victims claim that for one, the claimant Is a parent, spouse, domestic partner or child of a person killed, injured or endangered in the accident. Conclusion Following the cases above, it is very likely that the damages of Max against Katie would be calculated proportionally. The court would find Katie negligent, but it would also find that Max contributed to his damages as he should have respected the Red-light warning. For the case of Rita, the claim would fail since Rita is a secondary victim who has no close tie of love or affection to Max. Therefore, Rita does not meet the requirements of section 53,(1b) of ( Civil Liability Act , 1936). XYZ Bank and Harry Issue The main issue in this case is pure economic loss caused by a negligent statement. Rules of Law The general rule that applies to cases of pure economic loss is very strict. Where a claimant brings a claim where the core of the claim is pure economic loss, courts award very limited damages under the tort of negligence(Sabapathy, 2009). However, if the claimant demonstrates that a contract existed between him and the defendant, then the court will allow the claim. The law will always dismiss a claim for pure economic loss where there are no physical injuries, no contracts, and no property damages(Ramello Porrini, 2011). The general rule that applies to cases of pure economic loss is very strict. Where a claimant brings a claim where the core of the claim is pure economic loss, courts award very limited damages under the tort of negligence. However, if the claimant demonstrates that a contract existed between him and the defendant, then the court will allow the claim(Ramello Porrini, 2011). The law will always dismiss a claim for pure economic loss where there are no physical injuries, no contracts, and no property damages. Regarding XYZ Bank and Harry scenario, there are special circumstances where a claim a court will allow a claim of pure economic loss resulting from misstatement. In such cases, the claim has to meet the following requirements. For one, the defendant must have sufficient knowledge that his statement would be used elsewhere to make financial decisions. It is not a requirement that the defendant knew the person who would use the statement. In (Esanda Finance Corporation Limited V Peat Marwick Hungerfords, 1997), the plaintiff relied on the defendants audited accounts while offering credit to Excel, a defendants client. The accounts were misstated, and the plaintiff could not recover its loan. The court found that the defendant owed no duty to the plaintiff as was not negligent as they did not know whether anyone would use the accounts to issue credit. Secondly, the misstatement should have direct connection to the claimed transaction. Lastly, the claimant must demonstrate that defendan t reasonably expected him rely on that statement without seeking further advice. In (Shaddock V Parramatta City Council, 1981), the case succeeded since all the three elements were present. The claimant intended to purchase a property within the Councils area of operation. Shaddocks solicitor requested the council to provide information regarding the status of the property in terms of proposals for widening the roads. The defendant carelessly told the claimant that there was no proposal whereas there was one in fact. The misstatement caused the claimant a loss. The court found the defendant guilty since it was aware that the claimant would rely on that information. The appellants claimed that they had sustained loss by reason of their reliance on erroneous information supplied to them innocently but negligently by the respondent. The trial judge found that the respondent had been careless but that it owed no relevant duty of care to the appellants. This decision was affirmed by the Court of Appeal on appeal to the High Court. Conclusion Following the above analysis, it is likely that Harry would be liable for the damages suffered by XYZ bank due to reliance on Harrys untrue statement.(Pitts v Hunt , 1990) It is possible that Harry, a friend to Robbie was aware that Robbie was borrowing some huge money and hence that is why he needed to lie about the value of his land. Besides, Harry should have not lied in the direction of Robbie since he knew Robbie who is his friend needed additional capital. However, it is up to XYZ bank to prove that Harry was aware of Robbies plan to use the wrong statement to acquire capital. Bibliography Civil Liability Act , 1936. s.l.: South Australia. Dongen, E. G. v. Verdam, H. P., 2016. The Development of the Concept of Contributory Negligence in English Common Law. Utrecht law review, , 12(1), pp. 61-74. Esanda Finance Corporation Limited V Peat Marwick Hungerfords (1997) 142 ALR 750. Goudkamp, J., 2015. Apportionment of Damages for Contributory Negligence: A Fixed or Discretionary Approach?. Legal Studies, , 35(4), pp. 621-647. Janesch v Coffey (1984) 155 CLR 549. Law Reform [Miscellaneous Provisions] Act , 1965. s.l.:s.n. Mulheron, R., 2016. Principles of Tort Law. 1 ed. United Kingdom, UK: Cambridge University Press. Mullis , A. Oliphant, K., 2011. Torts. 4 ed. United Kingdom, UK: Macmillan International Higher Education. Podrebersek v Australian Iron and Steel (1985) HCA 34 . Ramello, G. B. Porrini, D., 2011. Class Action and Financial Markets: Insights from Law and Economics. Journal of Financial Economic Policy, , 3(2), pp. 140-160. Sabapathy, S., 2009. Tort recovery of pure economic loss for defective premises: a comparative analysis. International Journal of Liability and Scientific Enquiry, , 2(1), p. 84. Shaddock V Parramatta City Council (1981) ALR 385. Strong, S. I. Williams, L., 2011. Complete Tort Law: Text, Cases, Materials. 2 ed. Oxford: Oxford Univ. Press. 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