essay written and not paid for - on behalf of a friend!

My friend wrote the below essay. The customer asked for a revision despite the fact that it contained all the necessary information. The customer wanted a 2:2 paper 6 pages long. The below is longer than requested yet the customer wanted more adding. This was a piece for academia research aka masterpapers for which my friend was going to get $30. My friend is away on holiday so could not do revision anyway so asked for this to be reassigned. She was fined $5 for this. Just so the customer cannot use the essay written by my friend I am posting it on here, hopefully plagiarism detector will pick it up as I am guessing the customer is still going to use this

Rareplants Ltd
In order to advise the parties in this scenario it is necessary to consider the liability of Rareplants Ltd based on a claim under tort law, as well as any claim that might be brought against the company under statutory obligations. This will involve consideration of the Occupier's Liability Act 1957 as well as the Occupiers Liability Act 1984. The main difference between the 1957 Act and the 1984 Act is that the former applies to lawful visitors whilst the latter relates to the duty of an occupier to unlawful visitors. S2(2) of the 1957 Act places a statutory duty on the occupier to

take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which he is invited or permitted to be there.

Clerk and Lindsell (2000) make the point that the term premises should properly be described as land, as case law consistently demonstrates how the courts have defined the statute to encompass the land owned by the occupier . The occupier of the land has been determined using the 'control test', as defined by Lord Denning in Wheat v Lacon (1966) , where he held that the extent of the control over the land should be the determining factor. In Bailey v Armes [1999] the court held that the managers of a supermarket should not be regarded as the occupiers of the flat roof above the supermarket where they lived as it was outside their accommodation. However, in Ribbie v Norrie [2000] the court held that a landlord who did not live at the accommodation was the occupier has he had the ability to control the area in which the fire had been started.

The safety of premises was discussed in Manning v Hope [2000] in which the court held that the lack of a handrail on the staircase was sufficient for the court to conclude that the premises were unsafe. Before the courts will hold another liable the possibility that such harm might be caused has to be reasonably foreseeable. In Nessa v Walsall Metropolitan Borough Council [2000] the court stated that the risk of injury could be regarded as reasonably foreseeable if a reasonable person would have considered the slope on the slide to be dangerous. The court also requires that the risk of injury is sufficient before apportioning liability on the occupier. In Fryer v Pearson [2000] the court felt that as the level of injury was only minimal the risk of injury could not be regarded as significant.

The courts have shown a reluctance to accept claims under the 1957 Act where the plaintiff is partly responsible for their injury as demonstrated in Ingram v Davison-Lungley [2000] , where the court found that the actions of the appellant in turning around on the swimming pool steps was not foreseeable and was an unusual way for the appellant to enter the water.

The 1984 Act offers a degree of protection for unlawful visitors. Extra duty is placed on occupiers for the safety of children trespassing on the land then on adults . This was emphasised in Phipps v Rochester Corporation [1955] where the court stated that the occupier should only have the same degree of care towards the child as the parents of the child would have. Liability for trespassers is imposed if the appellant can prove that the occupier is (a) aware of the danger or has reasonable grounds to believe that it exists; knows or has reasonable grounds to believe that the trespasser is in or may come into the vicinity of the danger; and (c) the risk is one against which, in all the circumstances of the case he may reasonably be expected to offer the other some protection . In Keown v Coventry Healthcare NHS Trust [2006] the court held that despite the fact that the injured party was a trespasser, the Trust owed a duty of care to ensure the premises were safe. The court stated a greater degree of duty was owed as the injured party was a minor and the fire escape was an obvious inducement for a child to want to climb on.

In British Railways Board v Herrington [1972] the Lordships held that there was a limited duty of care to trespassers. In this case the children had wandered onto the railway line due to the failure of BR to repair the fencing. The court held that BR had a duty to ensure the line was properly fenced in so as to prevent anyone from straying onto the line.

Using the above it is likely that the court would hold Rareplants Ltd liable for the injuries to the elderly male, as they failed to make the premises safe for the coach party, despite the fact that certain areas had been roped off and notices displayed. Case law demonstrates that the courts will not uphold the disclaimers for liability in respect of personal injuries, so the notice at the entrance cannot be relied upon to absolve the company for liability.

With regard to the nervous shock claimed by the parents, the courts would have to determine the proximity of the victim to the event as well as the relationship of the parties. In this case it is the mother of the children who disappeared that suffered nervous shock. This would satisfy the relationship requirement as evidenced in McLoughlin v O'Brian [1983] . In this case the plaintiff was the mother of the victim who had come across the immediate aftermath of the accident . The court felt that it was reasonably foreseeable that she would suffer nervous shock and ruled that the relationship of the parties satisfied the proximity test . However, in Hevican v Ruane [1991] a claim for psychiatric harm was rejected on the grounds that the claimant had not witnessed the accident but had been told about it a couple of hours later.

It is likely in the above that the court would award compensation for the injury suffered by the elderly male as well as the nervous shock claimed, as the premises were not safe for visitors, despite the attempts to rope off dangerous areas and the erection of warning signs. The court might also find the company in breach of Health and Safety Regulations, as the walkway was not safe for visitors, and the use of ropes would be inadequate to prevent visitors from straying of the planned route.


ABC Accountants Ltd

This particular scenario will involve a discussion on professional negligence as well as general negligence. With regard to the financial advice a distinction will need to be made between a regulated financial advisor and an unregulated one. The starting point in any claims for negligence is to show that a duty of care existed between the parties . It is then necessary to show that the duty has been breached and as a result of the breach the plaintiff has suffered harm or financial loss .

When considering if a duty of care is owed the courts will look at the proximity of the plaintiff to the damage caused . The principle of proximity has developed from the test applied in Donoghue v Stevenson and is generally applied after a duty of care has been established. The principle of 'fair, just and reasonable' was emphasised in the case of Spring v Guardian Assurance Plc when making a decision concerning the imposition of liability. The case of Donogue v Stevenson marked the advent of the neighbour test the general principle being that 'you must not injure your neighbour'. The neighbour test confers a duty on all persons to take reasonable care to avoid acts or omissions which that person ought to reasonably foresee might cause harm to another.

Having established the elements required to prove negligence it is possible to examine the liabilities of all of the parties in the above situation. Starting with the financial advice and using the principles above it can be established that a duty of care was owed to Lucy to ensure that the advice she was given was correct. If the person giving the advice is aware that the recipient would be relying on their expertise as a financial advisor, and that as a result of this advice they would be likely to invest a substantial amount of money, the person giving this advice can be held liable if the advice is incorrect.
When assessing negligence the court will judge whether the advice given fell below the standard of the reasonable man . The reasonable man standard is not a set standard and the standard required can vary according to the skills that are to be expected of a defendant in that line of work. It is usual for the courts to set a higher standard for a doctor than they would for a road sweeper.

In this case, as the person giving the advice is working as part of a company, Lucy might be able to bring a claim against the company as well as the advisor, using the principle of vicarious liability. In Seymour v Caroline Ockwell & Co [2005] the plaintiff brought an action against both the company and the financial advisor when negligent financial advice caused the plaintiff a financial loss. The court held that the financial advisor was liable for the loss due to the negligent advice but also held the company liable for having failed to disclose information to the financial advisor about the investment that might have impacted on his advice to the plaintiff.

If the person giving the advice is a regulated financial advisor then compensation might be able to be claimed through Financial Services Compensation Scheme if the advisor does not have the financial resources to compensate the plaintiff. In Investors Compensation Scheme Ltd v West Bromwich Building Society the defendant were ordered to compensate the elderly property owners they had given negligent advice to. In this case the defendants were independent regulated financial advisors.

In Hedley Byrne v Heller & Partners Ltd [1964] , a claim for pure economic loss was allowed, after the court found that the respondent had supplied information to the plaintiff which they ought to have known that the plaintiff would rely on. Liability was only avoided as a result of the disclaimer made by the respondent to the plaintiff, prior to the giving of the advice . In Candler v Crane, Christmas & Co [1951] the court held that there was no contractual relationship between the parties and that as a result of the disclaimer, the respondent was not liable for the negligent advice. In Caparo Industries Plc v Dickman [1990] the court stated that it was the duty of the plaintiff to prove that the respondent owed them a duty of care, and that the performance of the respondent was below the standard set by law. There also needs to be a causal link between the actions of the defendant and the damage caused.

Applying this to the above, Lucy could argue that the advice given was negligent and therefore the person given that advice should be held responsible for her losses. She might also be able to claim against the company relying on vicarious liability. However, the comments made before the advice was given could amount to a disclaimer, which could result in the court refusing to hold the respondent liable, especially as the advice was given on an informal basis, rather than a formal consultation.

Drivers A and B

In this case, it is necessary to discuss how the courts might determine negligence, as well as the possibility of a claim for nervous shock by a secondary victim. It is also necessary to discuss the chain of causation in order to determine whether driver B can be held liable for all of the injuries caused, or whether the hospital can be held partly responsible for the additional hospitalisation.

Duty of care was first addressed in Donoghue v Stevenson . As a result of this case the neighbour test came into existence. This case was important because it established the right of the applicant to bring an action against a manufacturer rather than against the retailer. In recent times the courts have altered the principle into the proximity test. This test was used by the courts in Heaven v Pender . The plaintiff in this case was able to persuade the court to hold the employer liable for not providing a safe working environment for the plaintiff. The court held that the staging and ropes were not fit to be used, and that as a result of that the plaintiff was involved in a serious accident. In summing up Brett MR made the observation that

whenever one person is by circumstances placed in such a position with regard to another, that every one of ordinary sense who did think would at once recognise that if he did not use ordinary care and skill in his own conduct with regard to those circumstances he would cause danger of injury to the person or property of the other, a duty arises to use ordinary care and skill to avoid such danger.

It is obvious that driver B owed a duty of care to all other road users to ensure that his driving did not fall below the standard of the reasonable man. As a result of his negligent driving, driver A has sustained injuries, therefore, it is likely that the court would hold driver B responsible for the harm caused.

Driver B could face charges for dangerous driving. Archbold (32-37) describes dangerous driving in the following manner

A person drives dangerously when the way he/she drives falls far below what would be expected of a competent and careful driver AND it would be obvious to a competent and careful driver that driving in that way would be dangerous.

Under section 2A(1) of the Road Traffic Act 1988 both parts of the above definition must be present for the driving to be considered dangerous. 'Far below' is not defined by statute but the danger of causing serious injury to a person of property would be regarded as 'far below '. Dangerous driving can be averred if the condition of the vehicle is considered to be dangerous . A finding of dangerous driving would entitle driver A to claim compensation for his injuries.

Driver B could try to limit his liability for the harm caused by demonstrating that the injuries were made more severe as a direct result of the negligent treatment by the doctor. Driver B could argue that the actions of the medical staff broke the chain of causation , and that liability should be apportioned between himself as well as the hospital. In R v Jordan [1956] the court concluded that the initial injury was not the operative cause of the victim's death. The court stated that the victim would have survived if the hospital treatment had not been negligent. However, in R v Mellors [1996] , the court refused to accept that the chain of causation had been broken, despite the evidence of the negligent treatment given by the hospital . The courts reached a similar conclusion in R v Smith . In R v Dyos the court apportioned liability between the respondent and the hospital, as the plaintiff could not prove that all the injuries suffered were a direct result of the actions of the respondent.

With the claim for nervous shock it is necessary to consider the proximity of the plaintiff to the incident. In this case, the plaintiff was errantly told that the injuries were significantly worse then they actually were, and claims nervous shock as a result. Given that she would be regarded as a secondary victim, and that she was not in close proximity at the time of the accident, the court may well decide not to award compensation for such harm. The test of foreseeability and proximity was evidenced in Alcock and Others v Chief Constable of the South Yorkshire Police [1991] , in which Lord Oliver made the point that 'the elements of immediacy, closeness of time and space and direct visual or aural perception', are essential in order for a claim for psychiatric harm to succeed.

In order to claim for psychiatric harm the plaintiff has to prove that they are suffering from a recognised psychiatric illness. In Alcock the court refused to accept claims were the plaintiff was merely suffering from grief, anxiety, fear or distress . In general, awards are only made where the effects are long lasting. Watching a relative slowly dying was not considered to satisfy the rule for a claim for psychiatric harm in Sion v Hampstead Health Authority [1994] . For such a claim to succeed the court felt that the illness would have to have been triggered by shock from the original incident.

Applying the above to the scenario, it would seem likely that driver B would be ordered to compensate driver A for the injuries suffered, although part of this liability might be apportioned to the hospital. In relation to the nervous shock, the wife of driver A is unlikely to succeed as she was not in close proximity to the incident.

Bibliography

Cooke, J, (2005), Law of Tort, 7th Ed, Pearson Education

Department of Health, (1989), Claims of Medical Negligence against NHS Hospital and Community Doctors and Dentists HC (89) 34

Dugdale, A M, Jones, M & Simpson, M, Clerk and Lindsell on Torts, (2000), 18th ed. Sweet & Maxwell, London.

Elliott, C & Quinn, F, (2005), Tort Law, Pearson Education

Green, M & McConnochie, K, (2002), Clinical negligence and complaints: a clinician's guide. Royal Society of Medicine Press Ltd

Harvey & Marston, (1998), Cases & Commentary on Tort, 3rd Ed, Pitman Publishing

Herring, J, (2005), Criminal Law, 4th Ed, Palgrave Macmillan Law Masters
Hope T, (2004), Medical Ethics; a Very Short Introduction. Oxford: Oxford University Press
Howarth, D, (1995), Textbook on Tort , London: Butterworths,

Hurwitz, B, (1998), Clinical Guidelines and the Law: Negligence, Discretion and Judgment. Abingdon: Radcliffe Medical Press.

Jones M A, (1989), Medical Negligence, Sweet & Maxwell, London

Mason & McCall Smith, (1999), Law and Medial Ethics, 5th Ed, Butterworths,
Mason and McCall Smith.(2002), Law and Medical Ethics, Butterworths
Rogers, W V H, (2006), Winfield and Jolowicz on Tort, 17th Ed, Sweet & Maxwell

Samanta, A, Mello, M.M, Foster, C, Tingle, J & Samanta, J, (2006), The Role of Clinical Guidelines in Medical Negligence: A Shift from the Bolam Standard,
Medical Law Review 13(3) 321-366

Weir, T, (2002), Tort Law, Oxford University Press, London

Whoa, no way! Shocking.

Fines=bad. Don't work for companies that implement them.

Also, $30 for a six-page paper (that's $5/page for the math whizzes out there) is RIDICULOUS. Even for a high school paper due in two weeks (the lowest pricing scheme available on their website), masterpapers charges $11/page. For a bachelors paper due in the same time frame, they charge $17. Your friend was getting ripped off anyway.

I know they were getting ripped off but they wouldnt listen. The essay has gone out to be reassigned... and surprise surprise no one wants to do it lol!!

When I was with AR, I used to read the warnings here and on essayfraud but would not listen either ... Sean is very good at persuading writers to stay on. Your friends will, in time, realise that they really wasted their time with those scammers ...

Before I read any paper, I always check it for plagiarism - your friend's paper is completely original ... it is clean. As for the quality, very very good and this is from someone who tends to be very critical and has a law degree from LSE. It would earn a 2:1, easily, not a 2:2. If Admin knew anything at all, they would have stood by your friend ...

Posting it here ... good for you!

hi exwriter. I was wondering...

what makes you so gleeful about completely ******* the unfortunate new writer who bids on this order?

it's not the new writer's fault; they are just bidding on orders, minding their own business. what did they do wrong? your friend could have easily revised the paper by changing a few sentences and sending it back to the customer-- this is often all it takes. but where are they? on vacation, leaving their busybody pal behind to do their dirty work. and you love it, don't you?

re: $5 fine, please. who cares? I agree that companies shouldn't fine writers, but $5 is not worth getting some innocent writer who bids on the order next, fired for plagiarism. if your friend doesn't like the fines, they can quit. what business is it of yours, anyway?

posting this paper-- wtf do you think you are, some kind of knight of the downpressed? please, do me a favor and stop feeling good about yourself. you are being a total cheese-eater.

Haha... I think I know who took your friend's order, exwriter. :p Just kidding, rusty. :D

I reckon EW is right about who took the revision order lol. Why should someone get to use my friends GOOD quality essay when they did not contribute to it, especially when the company fined her $5 for NOT doing the revision. So you think its fair that my friend gets NOTHING for this piece and in fact has to pay the company $5 for writing such an excellent piece. I don't think so!!

The revision request was TOTALLY not necessary. The things asked for WERE in the body of the work, but the customer wanted extra adding, some of which were not even asked for in the original request.

If you did take this order rusty I am so pleased that you had to do the whole thing from scratch it makes posting this on here worthwhile

sorry, didn't take it... btw, your friend's "excellent" paper is full of grammatical errors, which leads me to believe (along with the lack of quotes) that the parts that aren't, are plagiarized. I wouldn't wipe my *** with it. if I were the customer, I would have asked for a full refund. I hope your friend gets fired, you rat *******.

None of it was plagairised lol (see OR's comment), and if it is of such POOR quality as YOU say why would you make the comment that the NEW writer cannot use this now. IF it was such POOR quality why would they want to use it. ANYWAY WB I know how you are good at spotting grammatical faux pas would you consider the grammar to be loaded with errors.

Also in relation to the quotes, the essay does contain quotes, just for some reason when I copied and pasted the work the quoted passages do not show up as quoted passages, but if you would like I will personally highlight the bits that are direct quotes from judges, text books etc.

I checked through turnitin (did not store on student repository though) and the only match was here. Then I took part by part (2-3 sentences) and searched via google. Any are free to do the same ... sorry, but the paper is not plagiarised.

None of the ten (10), randomly-selected sentences that I chose show matches in Google. I took one sentence from each of ten different paragraphs.

anyway, I hope your friend gets a similar assignment in the future.

I hope my friend wakes up and finds a decent company to write for- one that doesn't rip writers off.

I keep telling my friend to aim higher especially as my friend seems to have a flair for writing!

thank you OR and WB for showing that my friends work is plagairism free. I hope someone can use this as a guideline to write their own term paper then all that hard work hasn't been wasted by my friend

anyway, I think you missed my point-- your friend's hard work wouldn't be wasted, if they could hand this paper in for a similar assignment in the future. you've kept it from being reused by them, too.

Since my friend PREFERS to do EVERY essay from scratch there is no way that my friend would have re-used the essay above. If I hadn't published it here then the customer and/or the new writer would have been able to use this essay and therefore IF my froend had tried to use it later it would have come up as PLAGAIRISED as the student was OBVIOUSLY going to submit this work as their own. So your argument is flawed. I reckon your just annoyed because you were thinking of taking the assignment, believing you only had to add a few extra bits, in order to get a quick return on money. WHEN you realised the essay had been displayed on here you realised that IF you took the order you would have to do the whole thing from scratch, hence the reason you attacked me for publishing my friends work.

wow, I didn't know your friend was so morally committed to churning out quality term papers for other people to hand in. my mistake.

my argument is flawed, sure. so is your reckoning. my dog in this fight (where's yours, by the way) isn't resentment about missing a one-off law paper. it's the off-season, and I have a day job. my problem is your high horse, and the fact that none of this is any of your business.

Are we really so sure of that? :p

If my friend was not on holiday they would have submitted this on here theirself and I know this because I asked them before I did it so how's that for a home goal?

So you were thinking of taking it then lol

Glad I stopped you in your tracks - oh and by the way so is my friend who I spoke to yesterday and THANKED me for posting the work on here!

I

Does this mean that YOU are NOT committed to turning out QUALITY term papers. My friend takes pride in the work they do, and although does not agree with students turning the work in as their own, knows that there is little that can be done to prevent this from happening. We ALL know that students doing so are cheating and my friend genuinely hopes that her work is used only as a guideline but the only way to ensure that it is not submitted by someone else as their own work is to either sell the work to an essaybank or not write at all.

Wow.. I guess when the jibe is directed at you, you're not as appreciative. >.< Look, even if it was you (and not your friend) who wrote the piece that you posted, what does it matter? Why do you have to look so affected? :P

home goal? you're shooting in the wrong direction. this is the wrong team for cheese-eaters.

(sigh) I don't take a lot of pride in doing other people's homework for them, no. sorry if your friend does-- hope that changes.

pride does make a revision request seem like a slap in the face, though. it makes you want to escape to a mysterious vacation-land without email.

can I give you some advice?-- don't get emotionally involved in these projects. finish them, and move on. if you can't stand the way a company treats you, quit.

Amen.

the holiday was already booked way before the revision request came in ...and as you well know...the revision was not a change to the original but extra to be added. Considering the customer only asked for 6 pages and got more than that.... the extra work would amount to another 2 pages. The extra requested was actually in the body of the work if the customer cared to read it properly.

with AR, it's best to stay away from taking already-late orders, and not reassigning revisions. if you do either of these things, the fines are light, but, jmho, you deserve them. often, the customer can be made happy with just a few changes. also, AR admin can be argued with, and they will often reverse fines, or charge the cust. more if there really are "addings" required. if your friend put half as much energy into talking to AR admin, as you are putting into being their honorary squeaky wheel, it might be somewhat productive for them, and much less annoying for the rest of us.

My friend did try talking to admin, whose response was amend or be fined. My friend POINTED out in the message to reassign that the questions HAD been answered fully and THAT the customer had been given more than requested already. Their comment cos my friend said 'I am on holiday' was 'nice', which I am sure you would have seen when you saw the revision advertised. Anyway my aim and my friends aim has been achieved in this post, in that no one -including the customer- can submit this as their own :) and we both would gladly do it again if the same situation arose.

PS I am glad you find it annoying that NO ONE can use the above essay in its entirety, that has made my posting it here all the more worthwhile :)

looking to feel worthwhile, huh? good luck with that.

Oh I always feel worthwhile lol my whole existence is about feeling worthwhile lol probably why I don't write for sites like AR myself lol

Then again .... I don't need to. Maybe my friend should apply to OR for a job since he was impressed with the work above lol I am sure OR would not fine his writers in this way, and would have backed my friend up when the customer demanded the extra work for no extra pay.

You can count on that :)

You checked all this for free? or in an attempt to find something to make a case against your competition?

Guys lets put thing straight here? How many of you know the real gender of OR? is she a female or male? because i have read some threads here where some members referred OR as a female? I can sense some cheating here again on the part of OR and party......

this thread is lousy with rat squealing and ass-kissing. have you no shame?

Does anyone's gender really matter? If some people assume OR is male and others female, how does this represent cheating? Genitalia are no indicators of honesty or moral fortitude.

<--- dood

Okay - as far as I can tell exwriter was only posting to help a friend and detail how they were hosed.

What gives man? Why be so harsh?

necro,

but because I write for that company, am honest in my posts, could have bid on that ******* order, and I'm not a lying rat who posts my papers online just to trip up other writers, I feel that I'm part of a commonality w/writers, not a competition with them.

help a friend, yeah right. they were trying to **** the order for the next guy down the line.

And used all my friends work (for which she did not get paid) to earn a quick buck. Now there's integrity for you.

Really pleased i screwed you over and getting more pleased with each post you make expressing your disgust at not being able to use my friends work.

Keep going I am enjoying the fact that neither you NOR anyone else got a free piece of work from my friend. (oh and by the way so is she!!)

exwriter-- I'm glad this ******* static-starting newbie took up this necro thread, because now I will let you know, once I've plagiarized and used your friend's essay here to make some money, since I know you're listening. I'm pretty sure I can lift most of the middle, and not get caught. thanks!