Animals Act 1971 - Free Essay Example

Sample details Pages: 5 Words: 1632 Downloads: 2 Date added: 2017/06/26 Category Law Essay Type Argumentative essay Tags: Act Essay Did you like this example? 199903 As stated in the preamble to the Act, the purpose of the Animals Act 1971 is to make provision with respect to civil liability for damage done by animals and with respect to protection of livestock from dogs; and for purposes connected with those matters. This paper compares and contrasts an action under section 2(2) of the Act with one under section 4 of the same Act. The two provisions are as follows: Section 2(2): Where any damage is caused by an animal which does not belong to a dangerous species, any person who is keeper of the animal is liable for the damage, except as otherwise provided by this Act if:- . Don’t waste time! Our writers will create an original "Animals Act 1971" essay for you Create order the damage is of a kind which the animal, unless restrained, was likely to cause or which, if caused by the animal, was likely to be severe; and the likelihood of the damage or of its being severe was due to characteristics of the animal which are not normally found in animals of the same species or are not normally so found except at particular times or in particular circumstances; and those characteristics were known to that keeper, or were at any time known to a person who at that time had charge of the animal as that keepers servant or, if the keeper is the head of a household, if they were known to any other member of the household under the age of 16 who is also deemed to be a keeper of the animal. Section 4: Where livestock belonging to any person strays on to land in the ownership of another and: damage is done by the livestock to the land or to any property on it which is in the ownership or possession of the other person; or any expenses are reasonably incurred by that other person in keeping the livestock while it cannot be restored to the person to whom it belongs or while it is detained in pursuance of section 7 of this Act, or in ascertaining to whom it belongs; the person to whom the livestock belongs is liable for the damage or expense, except as otherwise provided by this Act. (2) For the purpose of this section any livestock belongs to the person in whose possession it is. The Act draws a distinction between animals which belongs to a dangerous species and those which do not belong to a dangerous species. The Act defines à ¢Ã¢â€š ¬Ã…“speciesà ¢Ã¢â€š ¬Ã‚  as including à ¢Ã¢â€š ¬Ã…“sub-species and variety[1]. The word à ¢Ã¢â€š ¬Ã…“keeperà ¢Ã¢â€š ¬Ã‚  mentioned in section 2(2) refers the person who owns the animal or has it in his possession. This definition is provided under section 6(3) of the same Act. The word was also interpreted by the court in Flack v Hudson[2]. The case involved a horse rider who was injured while riding the horse. The owner of the horse knew that the horse had a propensity to be frightened by agricultural machine but the rider (keeper) did not. The keeper brought an action under section 2(2) against the owner of the horse for the damage. The court held that the Animals Act 1971 Act did not limit those who could sue the keeper of an animal to strangers or third parties. In the instant case, the person in possession of the animal, who was harmed by the animal, was not the keeper and was accordingly entitled to sue the owner. With regard to the word à ¢Ã¢â€š ¬Ã…“severeà ¢Ã¢â€š ¬Ã‚  mentioned in section 2(2), it was held in Curtis v Betts[3] that it was not necessary for the Plaintiff to show that the animal had abnormal characteristics which rendered it likely that any damage would be severe. In Wallace v Newton[4] it was held that on the true construction of section 2(2) of the 1971 Act the words à ¢Ã¢â€š ¬Ã…“characteristics of the animal which are not normally found in animals of the same speciesà ¢Ã¢â€š ¬Ã‚  were to be given their ordinary, natural meaning. The court said the plaintiff in that case was therefore not required to prove that the horse which caused damage had a vicious tendency to injure people by attacking them, but merely that the horse had characteristics of a kin d not normally found in horses. The case was distinguished on its facts by the court in Mirvahedy v Henley[5] where it was held that the keeper of an animal would incur strict liability under section 2(2)(b) if the animal had displayed characteristics which, while they were not normally found in an animal of the same species, were normal for the animal in particular circumstances. According to section 2(2) the animalà ¢Ã¢â€š ¬Ã¢â€ž ¢s characteristics must also be known to its keeper if the claim against the keeper is to be successful. In the pre- 1971 Act case of Osborne v Chocqueel[6] the court said in order to support an action for damages for the bite of a dog it was necessary to show that the dog had to the defendants knowledge bitten or attempted to bite some person before it bit the plaintiff; it is not sufficient to show that it had to the defendants knowledge attacked and bitten a goat. In Breeden v Lampard[7] the plaintiff suffered injury when her horse was kicked by the d efendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s horse which had not kicked out before. Besides, there was nothing to suggest that the horse was anything more than a normal five-year old horse. The court held that the defendant horse rider was not in breach of the Animals Act 1971 or negligent in an accident where her horse kicked another rider, as she did not know of a propensity in that particular horse to kick another horse. Basically, section 4 of the Animals Act 1971 concerns liability for damage to land and property caused by trespassing livestock. As defined under section 11 of the Act, livestock means cattle, horses, asses, mules, hinnies, sheep, pigs, goats and poultry. Damage to land and property is not specifically mentioned under section 11. However, it can be said that damage to land and property is covered by section 11. As stated in section 4(2) livestock belongs to the person in whose possession it is. Such a person has immediate right to detain the livestock which has strayed on to t he land owned or occupied by him. The right of detention can only be exercised if at the time the livestock strayed on to the land it was not under anyoneà ¢Ã¢â€š ¬Ã¢â€ž ¢s control[8] The right to detain the animal ceasesat the end of a period of 48 hours, unless within that period notice of the detention has been given to the officer in charge of a police station and also to the person to whom the livestock belongs, if the person exercising the right of detention knows that person.[9] The fact that the person to whom the livestock belongs is liable for the damage or expenses incurred as a result of the keeping of the trespassing livestock was shown in Morris v Blaenau Gwent District Council[10] where the court decided that the cost of catching and feeding the strayed animals qualified as expenses reasonably incurred within section 4 of the Act. An action under section 2(2) and one under section 4 have certain things in common. These include the fact that both provisions impose strict liability for damages caused by animals. Besides, in an action under both sections, a person is not liable for any damage which is wholly due to the fault of the person suffering it. Section 11 of the Act provides that à ¢Ã¢â€š ¬Ã…“faultà ¢Ã¢â€š ¬Ã‚  has the same meaning as in the Law Reform (Contributory Negligence) Act 1945. To an appreciable extent, an action under section 2(2) and one under section 4 are not the same. A right to detain an animal exists only in relation to an action under section 4. Similarly, knowledge of an animalà ¢Ã¢â€š ¬Ã¢â€ž ¢s unusual characteristics is necessary only in an action under section 2(2). Also, Section 5(2) provides that a person is not liable under section 2(2) of the Act for any damage suffered by a person who has voluntarily accepted the risk thereof. Section 5(3) also provides that a person is not liable under section 2(2) for any damage caused by an animal kept on any premises or structure to a person trespassing, if it is proved either that the animal was kept there for the protection of persons or property; or that keeping the animal there for that purpose was not unreasonable. Thus, it is only in an action under section 2(2) that issues such as à ¢Ã¢â€š ¬Ã…“voluntary acceptance of riskà ¢Ã¢â€š ¬Ã‚  and à ¢Ã¢â€š ¬Ã…“reasonableness of the purpose of keeping an animal on any premises or structureà ¢Ã¢â€š ¬Ã‚  will come into play. In Cummings v Granger[11] where the plaintiff brought an action under section 2(2), the defendant successfully pleaded these two defences. There are also some defences which are exclusive to an action under section 4. Section 5(5) provides that a person is not liable where livestock strayed from a highway and its presence was a lawful use of the highway. Damage will not be treated as due to the fault of the person suffering it merely on the ground that he could have prevented it by fencing. However, where it is proved that the damage would not have occurred but f or a breach of a duty to fence, there will be no liability: section 5(6). As far as an action under section 2(2) is concerned, all these matters are irrelevant. Bibliography Bagshaw, R. and McBride, N. J. (2005) Tort Law (Longman Law Series), Harrow: Longman Hodge, J. (2004) Tort Law, Devon: Willan Publisher Hodgson, J. and Lewthwaite, J. (2004) Tort Law Textbook, Oxford: Oxford University Press Rogers, W. V. H. (2006) Winfield and Jolowicz on Tort, London: Sweet Maxwell Rose, F. (2006) Blackstoneà ¢Ã¢â€š ¬Ã¢â€ž ¢s Statutes on Contract, Tort and Restitution, Oxford: Oxford University Press Turner, C. (2007) Tort Law, London: Hodder Arnold Weir, T. (2006) An Introduction to Tort Law, Oxford: Oxford University Press 1 Footnotes [1] See section 11 of Animals Act 1971 [2] [2001] 2 All ER 982 [3] [1990] 1 All ER 769 [4] [1982] 2 All ER 106 [5] [2003] [6] [1896] 2 QB 109 [7] Unreported 21 March 1985 [8] Section 7(2) of the Animals Act 1971 [9] Section 7(3) of the Animals Act 1971 [10] The Times 6 July 1982 [11] [1977] 1 All ER 104

Applying And Choosing A Place Of Higher Education Essay

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White Privilege And Racial Discrimination - 1924 Words

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Pop Culture The Media And Politics - 1937 Words

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The Importance Of Developing Fluency With Qualitative...

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Creating Customer Satisfaction and Profitable Value Chain with E-Commerce in Rural India free essay sample

A case based approach Sanjeeve Verma1 ABSTRACT We live in a world increasingly propelled by technological change. The thrust lies in a quest to make our lives better, simpler and more productive through electronic commerce (or E-commerce). Agriculture in India has been identified as one of the great promises of e-commerce; the high level of fragmentation present in the supply chain, large volumes traded, and homogeneous products only reinforced the expectations. Electronic commerce (e-commerce) is relatively new to the agricultural industry, and affects such aspects of the organization as its strategy, processes, customer relationship, information technology, and business culture. E-commerce markets are expected to be more transparent and more perfectly competitive than physical Digital inclusion and electronic connectivity can be a tool to empower rural India. Some of the demonstrated opportunities includes Akshaya (Kerala) for education, webhealthcenter. om for general health, e-Choupal, Tara Haat, Drishtee, NDDB, etc. for leveraging economic gains, Bhoomi, eSeva, Gyandoot, Lokvani, NEGP, etc. toward creation of electronic governance, SARI in Tamilnadu, n-Logue in many states, and NIC centers in the North East as multipurpose tele-centers to name a few. Some of the recent initiatives in this area also include Lifelines, which is a digital inclusion program helping rural communities in India to become a part of the digital society. It is a voice-based service for village communities and helps them to become a part of India’s fast-growing digital society by providing them information related to agriculture, animal husbandry, horticulture, fisheries, dairy sciences and post harvest technologies. In the sphere of voice-based agricultural advice, there is government – assisted Kisan Call Centre (KCC). This is a nationwide tollfree Question Answer system accessed via the number 1551 but only from BSNL/MTNL landlines. The service provides â€Å"real-time† responses to queries from farmers and currently averages 50,000 calls per month. There are a couple of other agricultural-based information services in India like â€Å"e-Sagu,† where the agricultural expert delivers advice by getting the crop status in the form of digital photographs and other information. The farmer is charged annually on per acre basis. Presently 30 villages are covered in pilot. Agriculture is vital to India. It produces 23% of GDP, feeds a billion markets, conditions that should attract more consumers and thus increase demand. Through case studies, this article analyzes the factors influencing customer’s satisfaction and profitability in rural value networks through adoption of e-commerce strategies. This study will also assess how Internet adoption and the use of e-commerce strategies impact rural development and the overall sustainability paradigm in India. Key Words: Electronic Commerce, Rural Retailing, Information and Communication Technologies (ICT), Customer Intelligence, Customer Satisfaction, Economic Competitiveness. JEL Classification Number: Q13 people, and employs 66% of the workforce. Because of the Green Revolution, India’s agricultural productivity has improved to the point that it is both self-sufficient and a net exporter of a variety of food grains. Yet most Indian farmers have remained quite poor. The causes include remnants of scarcity-era regulation and an agricultural system based on small, inefficient landholdings. The agricultural system has traditionally been unfair to primary producers. Soybeans, for example, are an important oilseed crop that has been exempted from India’s Small Scale Industries Act to allow for processing in large, modern facilities. Yet 90% of the soybean crop is sold by farmers with smallholdings to traders, who act as purchasing agents for buyers at a local, governmentmandated marketplace, called a mandi. Farmers have only an approximate idea of price trends and have to accept the price offered to them at auctions on the day that they bring their grain to the mandi. As a result, traders are well positioned to exploit both farmers and buyers through practices that sustain systemwide inefficiencies. There is a huge gap in rural India when it comes to timely and relevant information exchange. Farmers account for 65 percent of the workforce and many find it very difficult to get access to the sort of information they need. Research on ICTs for development has frequently pointed to shared access models as critical enablers of sustainable development and digital inclusion (Haseloff, 2005). In development discourses, they are viewed as tools that most fit the demands of integrated development in resource strapped nations (Keniston and Kumar 2004, Kumar 2004). These provide fillip to communities residing, along a spectrum, on the verge of poverty to the verge of modernity. Ranjan Chaudhuri2 1 2 Sanjeeve Verma, Ph. D. ; Assistant Professor (Marketing), National Institute of Industrial Engineering, Mumbai, INDIA Ranjan Chaudhuri, Ph. D. ,Assistant Professor (Marketing), National Institute of Industrial Engineering, Mumbai, INDIA October 08 March 09 | 51 Literatures also discuss at length the specific challenges to this vision and the role of appropriate ICT in rural areas (Colle and Roman, 2003, Dragon 2002). While all of these make for strong arguments, ICT for electronic commerce in rural emerging market regions merit attention. Through case studies, this article analyzes the factors influencing customer’s satisfaction and profitability in rural value networks through adoption of ecommerce strategies. This study will also assess how Internet adoption and the use of e-commerce strategies impact rural development and the overall sustainability paradigm in India. Issues in Indian Agriculture Agriculture is economically and socially vital to India. It contributes 19% of the GDP, feeds a billion people and employs 66% of the workforce. Agriculture’s share of GDP has shrunk steadily but at 19% it remains a critical component of the economy. Despite this economically vital role, Indian agriculture has until recently been regulated in an archaic fashion that limits its productivity. Non-optimal farming practices and capricious weather patterns left post-Independence India with an underperforming agricultural sector, acute food shortages, and dependence on food imports. Legislation from this period brought heavy government intervention in agriculture, including control of land ownership, input pricing, and regulated of product marketing. Produce could only be sold in government-recognized locations to authorized agents. Processing capacities, private storage, futures trading and transport were restricted. The result was corrupt and inefficient systems, in which starvation existed alongside granaries overflowing with food stocks of over 60 million metric tons. At the same time, the unprofessional business environment made the sector unattractive to modern companies nuances that apply to consumers makes heterogeneity a key issue for marketers. These problems make customization costineffective and difficult to execute. n Weak Infrastructure: Given the weak infrastructure in terms of road connectivity, etc, most companies today do not service village-level outlets directly. This has given rise to a passive distribution network where companies service wholesale dealers at a small town (10-15K population) level here village retailers visit periodically (typically on a weekly basis) to buy stocks for their outlets. Such a system makes tracking sales and brand penetration at village level difficult. The endemic constraints that shackle this sector also include excessive dependence on the monsoon, variations between different agro-climatic zones, among many others. These pose their own challenges to improving productivity of land and quality of crops. The unfortunate result is inconsistent quality and uncompetitive prices, making it difficult for the farmer to sell his produce in the world market. Internet technology has provided the possibility for cost reduction and demand enhancement along the food supply chain through the use of e-commerce. Automation has the capacity to substantially reduce transaction and procurement costs. Ecommerce can improve firm efficiency by reducing inventory levels, transportation costs, and order and delivery time.

Facebook Marketing Strategies Australia

Question: 1. What marketing strategy or strategies has Facebook adopted since it was created? Answer this question by applying one or more of the theoretical approaches discussed in the course. 2. What marketing options can you describe for Facebook if it wishes to remain a successful organisation throughout the next decade? Answer this question based on the circumstances that exist in 2014 and your best forecasts of relevant future industry factors. Answer: Executive Summary Facebook is a global company for social networking which is quit prevalent in this contemporary world to create an interactive platform for every user. Marketing strategies are the key catalyst for success of any organization and Facebook too adopted various strategies suiting both short and long term aims of the company. Introduction Facebook Inc. is a complete package for media, friends, updates, posts, photographs, events and what not. The prime policy of the company give due respect and regard to the customers and provide them with suitable features to make them loyal to the organization and aid in the process of growth and development for a rising curve. Facebook as a company have practices numerous marketing techniques since the time it came into existence and business analysts are concerned for the long term goals and plans too. They are paying attention towards campaigning, scheduling of launches, market segmentation, feedback analysis, budget management or optimization of advertisements (Moore, 1999). The study will focus upon the present and future strategies including algorithms and techniques. Background of Facebook Inc. The story of Facebook starts from the time when Zuckerberg built a social network for the students of Harvard University which was earlier known as TheFacebook. Mid 2004, Facebook got its first president as Sean Parker and 2006 the website became accessible to everybody who followed certain rules of having a minimum age limit of 13 years and have an email account (Phillips, 2007). In the year 2007, Facebook made an alliance with Microsoft and by the year 2009 it topped the charts of being the topmost social networking site of the globe. In 2010, it became the third largest website in America with Google and Amazon being on the top surpassing eBay. In 2014, Facebook celebrated its tenth anniversary with acquisition of Oculus and Watsapp as major achievements. Marketing Strategies for Facebook The current marketing strategies of Facebook fall under the tagline of globalization where there is a need to devise innovative mechanisms to fuel the development of the company. For fulfilling the essence of globalization, Facebook have adopted localization of languages as per the region. The technique of Trending Topics, NewsFeed, Pulse, Timeline and many more have become latest hits for the company. The company didnt rely over staple marketing techniques but innovated strategies of address booking, word of mouth or SEO (Evans, 2010). They segmented the customers to promote special advertisements. The news feed algorithm was changes from being simple text to text accompanied by pictures and animations. The company have adopted agile an flexible approach towards the market and the team of geniuses is contributing towards refined strategies for marketing and management. Facebook have reached a remarkable level of 1 million users per day and 130TB of logs per day (Hartline, 2008) because of its scaling methodology. It has adopted horizontal scaling for agility and maintenance of records and databases. The work of small teams in an incremental fashion was the key to successful marketing success of the company. Theories of Marketing Facebook have adopted viral marketing as its key strategy for brand management and to enhance CRM. We can evaluate the marketing strategies by some of the marketing models. According to the growth strategy matrix, Facebook have customized and diversified the customers in clusters and segments. There is an upstream and downstream integration after wisely analyzing integrative penetration strategies to customer loyalty and growth. Under the Seven P marketing Model, Facebook upholds its quality as being the topmost product or service with free services and applications. The topmost position is maintained and is strengthened by the purchase of Watsapp. The company have profound impact over commerce, sales, media, promotions etc. Future Facebook Strategies Mobile technologies, cloud computing, online shopping and much more craft the future for Facebook. With release of the mobile application and buying of the topmost applications like Instagram or Watsapp, Facebook have once again conquered the world of mobile application by leaving an impact over it. Mobile applications earn from the advertisements which much be balanced for a successful position of the company. The company is focusing over direct communications, specialized dashboards and simpler navigations. The future holds in room for Analytics API, library connections, open graph API etc. (Poynter, 2008). Facebook is looking for its future in augmented reality with the help of Oculus. As said by Zuckerberg, the three year mission is to serve the public and progress in content. The five year goal is to amalgamate every applications contribution into a huge user database and facilitated storehouse. Ten years goal is to take big steps and leaps in artificial intelligence and computi ng (Locke, 2007). Conclusion Marketing strategies of Facebook are in line with the contemporary and mind-blowing solutions to innovate for something new and the main aim now lies in completing the challenges to uphold the status of the company for a tremendous success in the field of online social media. References Evans, L. 2010,Social media marketing: strategies for engaging in Facebook, Twitter other social media, Pearson Education. Hartline, J., Mirrokni, V., Sundararajan, M. 2008, April, Optimal marketing strategies over social networks, InProceedings of the 17th international conference on World Wide Web, 189-198, ACM. Locke, L. 2007, The future of Facebook,Time Magazine, 17. Moore, G. A. 1999,Inside the tornado: marketing strategies from Silicon Valley's cutting edge, HarperPerennial. Phillips, S. 2007, A brief history of Facebook,the Guardian, 25. Poynter, R. 2008, Viewpoint-Facebook: The future of networking with customers,Journal of the Market Research Society, 50, no. 1, pp. 11. Solomon, M. R. 2003,Conquering consumerspace: Marketing strategies for a branded world, New York: Amacom