Voltaire s Theory Of Optimism - 1768 Words

Candide, published in 1759 by Voltaire, is a satirical novella criticizing the type of European Civilization Voltaire grew up around. Voltaire is known for his literary works mocking the time period he lived in, especially when it came to their religious beliefs and the aristocracy he was surrounded with. Due to Voltaire’s experiences in Paris with European Society, Candide showcases his contempt for organized religion, noble rank, and optimist philosophy. Candide, the illegitimate son of a Baron’s sister, lives in the Baron’s castle, studying under the philosopher Pangloss. Pangloss teaches Candide his theory of optimism, keeping Candide innocent to the world beyond the castle. He thinks that the castle is the best castle there is, and that everything happens for a good reason, a belief that Pangloss has instilled in him. Cunà ©gonde, the Baron’s daughter, has caught the eye of Candide, and when they are found in a compromising romantic position, he is tossed out of the Castle. From there, Candide sets out on many adventures, most having unfortunate ends, giving Candide a taste of the reality he never got from castle life and studying under Pangloss. He first enlists as a soldier, but is soon flogged for being a deserter. He escapes to Holland where he is taken in by a kind Anabaptist, and discovers Pangloss as a deformed beggar who has contracted syphilis. As optimistic as ever, Pangloss informs Candide that th e baron and his family, including Cunà ©gonde have been murderedShow MoreRelatedVoltaire s Candide - Denouncing Providence1503 Words   |  7 Pagessociety founded on providence and religious determinism. Les Philosophes des Lumià ¨res notably Voltaire instilled logic and reason to combat theological and metaphysical solutions surrounding French populations whilst pushing for a separation between the Catholic church and the state. Voltaire, also known as Franà §ois-Marie Arouet (1964-1778) wrote Candide as an objection to many optimistic philosopher’s theories surrounding providence and human will. His main purpose in Candide was to ridicule a GermanRead MoreVoltaire s View Of Candide1511 Words   |  7 Pages Voltaire s Candide is a satirical work written in 1759 as a commentary during the Enlightenment. One of Voltaire s most famous works, it also functioned to reflect Voltaire s opinions. Candide is considered Voltaire s signature work in which he levels his sharpest criticism against nobility, philosophy, the church, and human cruelty. Though often considered a representative text of the Enlightenment era, the novel criticizes a number of Enlightenment philosophies. As reading and books wereRead MoreThe And Satire Of Voltaire s Candide Essay1540 Words   |  7 Pagesthe French writer Voltaire, who is known as the greatest philosopher of the Age of Enlightenment, Voltaire was Often in disagreement with French authorities because of his politically charged works, he was twice imprisoned and spent many years in exiles. Candide tells the story of a young man, who lives in the castle of the Baron, who loves the baron’s daughter Congounde, and also Where he meets Doctor Pangloss, the philosopher, who teaches him about philosophical optimism, the idea that allRead More Use of Satire to Target Religion, Military, and Optimism in Voltaires Candide 602 Words   |  3 PagesUse of Satire to Target Religion, Military, and Optimism in Voltaires Candide    In his work, Candide, Voltaire uses satire as a means of conveying his opinions about many aspects of European society in the eighteenth century.   Voltaire successfully criticizes religion, the military, and the philosophy of optimism.   Religious leaders are the targets of satire throughout Candide. Voltaire portrays the religious clergy as men who use their positions to further their own causes. In additionRead MoreWhat was the historical significance of Voltaires Candide and its relevance during the Enlightenment?1445 Words   |  6 Pageswork, Candide, Voltaire uses satire as a means of conveying his opinions about many aspects of European society in the eighteenth century, a period known as the Enlightenment. This Age of Reason swept through Europe, offering differing views on science, religion, and politics. The following essay will outline the philosophical theory of Pangloss, a character of the novel and suggest how his optimistic worldview is challenged by numerous disasters. I will also justify the reasons Voltaire attacks hypocrisyRead MoreCandide : A Reflection Of The Enlightenment1325 Words   |  6 Pages Candide: A Reflection of the Enlightenment Francois-Marie Arouet, otherwise known as Voltaire was an 18th century French philosopher and writer during the Enlightenment period. Voltaire’s most famous work of literature; Candide follows a young man who grows up in a Baron’s castle (Castle Thunder-ten-tronckh), under the instruction of Dr. Pangloss, a tutor and philosopher who worships optimism even under extreme circumstances. Throughout Voltaire’s novel, Candide and his companions encounter aRead MoreA Comparative Study Of Voltaire s And Moliere s Views On Religion1522 Words   |  7 PagesA Comparative Study of Voltaire s and Molià ¨re’s Views on Religion in Candide and Tartuffe Literary works often reveal their authors views on particular social issues. Tartuffe (1669), a play by Molià ¨re, and Candide (1759), a philosophical tale by Voltaire, both deal with the question of religion in society. Tartuffe is a satire on the attitudes of the bourgeoisie toward religion in seventeenth-century F rance. Molià ¨re firmly believes in religious moderation and condemns religious hypocrisy andRead MoreVoltaire s Candide : Candide1766 Words   |  8 PagesVoltaire: Candide In Voltaire’s satirical novella Candide, he analyzes and criticizes the absolutist perspectives that were common of his era. By constructing his characters to each represent a different absolutist faith, he uses comedy to exaggerate and emphasize the faults in each perspective, ultimately describing the world through a cynical lens. As an influential writer of the Enlightenment period, Voltaire’s dispute of faith aligns with the enlightened goals of separating the individual fromRead MoreCandide By Voltaire And The Song `` Pursuit Of Happiness `` By Kid Cudi1389 Words   |  6 Pagesthe enlightenment period and lingered for long after. This impact of its use did not only impact the way life was looked at but also impacted the arts during that time and for the future. Two pieces that show this evidence is the novel Candide by Voltaire and the song â€Å"Pursuit of Happiness† by Kid Cudi. Both of these works, even though they were published more than two centuries apart, carry the theme of the pursuit of happiness. These pieces are evidence of the unchanging pursuit that mankind goesRead More`` Candide `` : A Satirical Adventure Through The Writings Of Voltaire2648 Words   |  11 PagesThe book â€Å"Candide† takes readers on a satirical adventure through the writings of Voltaire. His novel is a humorous yet ridiculous mockery of the Old Regime ideologies in which he critiques the political, social, and religious beliefs of this time; Gottfried Wilhelm von Leibniz’s ideas in particular. He believed that people perceive imperfections in the world only because they do not understand God’s grand plan. Voltaire does not accept the existence of a perfect God, absence of choice and blind fate

Criminology Gender Blind - 1043 Words

‘’Is criminology gender-blind : women and crime’’ Brilly Amancio 04-10-2013 Criminal Justice 212 Criminology Prof: Christopher Geraghty Brilly Amancio Is criminology gender-blind : women and crime( by and against) Woman in Criminology has a really big change from back in the days till now. Before woman where not that involved in crime either if it was in the good side like being a cop, detective, lieutenant, or of it was in the bad side, as to being the one committing the crime. Criminology, as with all academic disciplines, was a male-dominated sphere. Men regarded the world through a very narrow lens, and the experiences of women rarely provoked serious interest. Back in the days woman†¦show more content†¦According to Wikipedia men are more likel to become incarcerated then woman would and this is their their facts ‘’ In the United States, men are much more likely to be incarcerated than women. Nearly 9 times as many men (5,037,000) as women (581,000) had ever at one time been incarcerated in a State or Federal prison at year end 2001. However, women are the fastest-growing demographic group in prison. [1]. In 2004, males were almost 10 times more likely than females to commit murder, including rape-homicides. However, men are also far more likely than women to be the victims of violent crime, with the exception of rape. There my be a lot of explanations for this like men are more likely to be more aggressive than woman so they tend to get in more altercations and tend to act out of rage more than woman do. Young teenagers have become really popular in the juvenile system. The number of female teenagers has increased a lot in the juvenile system as to the number of female teenagers that are dropping out of school or just kicked out for their irrational behavior. Still so male is the biggest crime predator in everyone’s eye, everyone is conscious of how the number of female criminal has increased men is still the number one target. I this unfair? Yes it is yes in a lot of cases woman are treated harshly but like like in every case that males do. Bibliography:Show MoreRelatedCriminology And Sociology And Criminology1213 Words   |  5 PagesWhere the Two Meet Criminology is where criminal justice and Sociology meet and come together. Sociology is a social science where the study of the development, structure, and functioning of human society happen. Criminology is also a social science that studies crime and criminal behavior. Sociologists, by studying society and relationships, are able to determine the thoughts and actions of individuals or criminals. Each science can relate to other sciences and Criminology relates to PsychologyRead MoreHas Criminology Been Gender Blinded Essay2257 Words   |  10 PagesCriminology has been ‘Gender-blind rather than ‘Gender neutral. Discuss It has been argued that the gaze of criminology has been primarily focused on male offenders, Cain (1989) argues that criminology is in fact incapable of speaking in gender neutral terms (cited in Walklate 2001: 19). A reason for this includes that history has been prepared to offer universal explanations of crime achieved by the study of the male offender. Feminists such as (Naffine 1997: 18) believe that criminology hasRead MoreAmerica Vs. Corporations : Corporate Crime1359 Words   |  6 Pagesshould be held responsible for its employees. Laufer, William S. Secrecy, silence, and corporate crime reforms. Criminology Public Policy 9.3 (2010): 455-465. Lauder expands on the current research already done on corporate crimes to explore how so many criminals get away with their crimes. His main points are that employee’s silence and their willingness to turn a blind eye to the fraud is what is giving the criminals their advantage. In order to stop this, he includes many propositionsRead MoreThe Development of the Chicago Schools1684 Words   |  7 Pagescentury. Firstly by introducing the Chicago School theory, also known as the, Theory of Social Disorganisation and the Ecological School Theory. The University of Chicago formed a department of Sociology in 1892 its focus related to issues in Criminology and Sociology, with interests in and towards Social Psychology along with Urban Sociology. The main focus of the Chicago school was that human behaviour was both formed and shaped by the environment. T he social and the physical environment, thatRead MoreEssay on Deviance and Social Control1741 Words   |  7 Pagesindividual has a deformity or disability I think it is unethical to use the term deviant or to say they deviant from the norm. In today society it is normal for to walk down the road and notice an individual in a wheelchair, or an individual who is blind or deaf. In the mid 1900s the families of disabled individuals would not encourage them to socialise or go out in public which may have shaped the views that Friedson writes about. When Freidson states possession of physical deviance it can relateRead MoreFemale Serial Killers: Statistics and Research864 Words   |  3 Pagesthe main disadvantage is that some professionals may be influenced by emotions rather than professionalism in making rationale judgments because of certain interests. The likely influence of emotions in making judgments is attributed to relatively blind criminal justice system. Currently, the criminal justice system is characterized with evident disparate sentences obtained for similar heinous offenses (Weatherby, Blanche Jones, 2008, p.1). As female serial killing has increased in the recent pastRead MoreA Brief Note On The And Social Science1880 Words   |  8 Pagesor fraternities to certain religions or cultures to cults or gangs and to many others. The type of ethnography that will be discussed is one on gangs. Dr. Jody Miller is a criminology professor at Rutgers University s School of Criminal Justice. She is also an ethnographer and wrote â€Å"One of the Guys: Girls, Gangs, and Gender†, an ethnography about females in the gang world. In her ethnography, she analyzes both gang members and non-gang members to help better understand and explain the ways of lifeRead MoreDefining Deviance1080 Words   |  5 Pagesdevalued and discredited   Master Status-some characteristic of a person that overrides all other features of the person s identity example: person with a disability becomes that blind woman or that paralyzed guy Crime and Criminal Justice Crime-one form of deviance; specifically behavior that violates criminal laws Criminology-the study of crime from a scientific perspective Measuring Crime: How Much is There? Index Crimes-the FBI s tallying of violent crimes of murder, manslaughter, rape, robberyRead MoreCausal Attribution Theories Of Victim Blaming1204 Words   |  5 Pagesperson’s behavior and overestimate the extent to which the person’s behavior is due to internal factors. This is referred to as the fundamental attribution error. Even though we realize that other people often make this error, we are subject to a bias blind spot. We believe that other people are more often and more likely to bias than we are. (Aronson, Wilson, Akert, Sommers, 2013). We use these attributions as defense mechanisms to serve us in the most effective way. Self-serving attributions referRead Moreis poverty the main factor affect crime5090 Words   |  21 PagesIntroduction In the essay I’m going to talk about criminology and criminology is the scientific study of crime and criminals. Is one social group involved in crime more than other social groups? Crime is an unlawful act punishable by the state, harmful act or omission against the public which the state wishes to prevent and which, upon conviction is punishable by fine, imprisonment and in some countries death. No conduct constitutes a crime unless it is declared criminal in the laws of the country

Emotional Survival Paper Free Essays

All people experience stress, and for those in public safety, individual stressors can be compounded by a variety of factors. In addition to the stress employees experience at work, their personal life and support system are likely also contributing factors. Educating yourself to the signs, and symptoms caused by stress can help you manage your body’s physicological response. We will write a custom essay sample on Emotional Survival Paper or any similar topic only for you Order Now Police officers often receive harsh criticism from the media and scant graditude from the public they protect and serve. This is why burnout among law enforcement officers is so prevalent. Police have too much to do and not enough time to do their job. Crime and calls for police service are increasing incessantly, but resources and time to do the job are not increasing accordingly. Police officers must do impossible tasks and meet unrealistic deadlines in the worst of working conditions. Officers suffering burnout often don’t see the temporary nature of their feelings nor the need for support. A concrete way to prevent burnout is to set realistic goals for yourself. Seek people to whom you can talk, take care of yourself physically and mentally, get enough sleep, and leave the job precinct when your shift ends.Constructive and deconstructive behavior both can help you learn and gain experience while on the job. Constructive behavior has a balanced focus on organizational outcomes and the people who are going to deliver those outcomes. It is also focused on organizational and individual learning. Constructive behavior is based on realistic achievement and the belief that everyone’s effort makes a difference and mistakes are always seen as a learning opportunity. The individual grows and the organization prospers during this learning process, rather than squandering resources in misguided attempts to cover up mistakes.Constructive behavior also sees people acting with integrity, supporting each other and building well-balanced and effective relationships. This behavior relies on personal power for influence rather than pure institutional power. On the other hand destructive behavior is the idea that sometimes people knowingly do things that can cause them to fail or bring trouble. Destructive behavior is any deliberate or intentional behavior that has clear, negative effects on the self or the self’s life. Destructive behavior is commonly found when people feel that others view them less favorably then the people desire.This behavior is done when a person literally and knowingly makes a trade-off in a situation. It is when a person chooses a certain option that has some benefit but also has the potential to cause harm to the person as well. Both constructive and destructive behaviors have potential to educate and justify different aspects on how to properly help you out with your career. The new officer can take the veterans destructive behavior has a learning ability. Law enforcement personnel, like all other human beings, form their worldviews and predictions about life from the situations and events they see every day.Hypervigilance is a biological state. Hypervigilance is the necessary manner of viewing the world from a threat-based perspective, having the mindset to see the events unfolding as potentially hazardous. The perceptual set of hypervigilance lets the officer have an increased awareness of all the data available in the environment. The affects of hypervigilance can be improved by becoming more socially involved. The desire for social encounters at home can help find themselves being more communicative.The willingness to engage in conversation or activities that are not police related and interaction with nonpolice friends and acquaintances can help with this process. If officers are going to survive ethical dilemmas they need to be as physically and mentally prepared as they would be for tactical encounters. Some of the potential problems that develop when working in law enforcement include the job consumes all your personal time which negatively impacts your family, your world view changes, increased rate of suicide, dep ression, isolation, and withdrawal from society. This makes it easy of officers to deny the negative aspects to justify continuing with their career. The first step to maintaining a healthy relationship with your family and friends is the ability to control activities, priorities, and schedules. It is important to have a strategy that permits to harness the available time in one’s life to accomplish whatever goals we choose to pursue. Life is about balance and Emotional Survival for Law Enforcement will help officers realize the importance of this balance.On duty the officer is alive, alert, energetic, involved and humorous. But off duty they are tired, detached, isolated, and apathetic. The officer crashes upon coming home relegated to sitting on the recliner with a beer as he withdraws into himself to the exclusion of his family, loved ones and friends. It is important for all officers to know, early on, that overinvestment in their police career will eventually destroy their home life and family relationships. All the things and activities that you used to enjoy you no longer engage in. How to cite Emotional Survival Paper, Papers

Commercial Law Defenses to Negligence

Question: Discuss about the Commercial Law Defenses to Negligence. Answer: Introduction A tort is a civil wrong done, where the act undertaken by an individual turn into a harm or loss for the other party (Emanuel and Emanuel, 2008). In Australia, negligence is considered as a tort. Negligence occurs when there is a failure on the part of an individual, to fulfill the duty of care which they owed to another individual, which translates into harm, injury or loss to such other party. By fixing a liability on the party which failed to fulfill its duty, the damages can be recovered by the party harmed (Latimer, 2012). The following parts cover the analysis of the case of Anna and Trevor to highlight the applicability of different aspects of negligence in their case. Negligence When an individual undertakes any act, they owe a duty of care towards the other person, who may be harmed due to the actions taken by such individual. In case such a duty remains unfulfilled or is breached, a case of negligence can arise (Trindade, Cane and Lunney, 2007). This principle was established so as to fix a duty of undertaken reasonable care while carrying out any activity by the individuals, and to safeguard the other from any harm, which is easily foreseeable (Lambiris and Griffin, 2016). Upon a case of negligence been established, the party harmed can claim damages, as a compensation for the injury. To establish that negligence actually took place, the elements like duty of care, breach of duty, and damages have to be established (Abbott, Pendlebury and Wardman, 2007). Duty of Care The first and foremost thing, to be established in the case of negligence is the duty of care, as this is the key thing upon which the entire case of negligence is based. A legal obligation is placed through the duty of care, upon the individual carrying on the particular task, which could result in an injury or loss. A case, which is quoted time and again in cases of negligence, is the case of Donoghue v Stevenson [1932] UKHL 100, also known as the Snail in the bottle case. In this case, Donoghue had consumed ginger beer from a bottle while sitting in a caf in Paisley, Renfrewshire. A dead snail was found in the bottle which made Donoghue sick and she sued Stevenson, the manufacturer of the ginger beer bottle for negligence. The court established that Stevenson owed a duty of care to its customers and the deal snail was a breach of this duty. Hence, Donoghue was successful in recovering damages for Stevensons negligence (British and Irish Legal Information Institute, 2017). In the given scenario, being the operator of the tour, Trevor had a responsibility and obligation of ensuring that his clients were safe. So, a duty of care was owed by Trevor to the members taking his tour. Applying Donoghue v Stevenson, in the manner as Stevenson owed a duty of care towards its customers, being the tour operator Trevor owed a duty of care to the people taking the tour. Breach After establishing that the duty of care was indeed owed by the individual, to show that negligence took place, it has to be proved that this duty of care was breached (Turner, 2013). When the actions of the individual are such that the duty which was owed is not fulfilled and more so, breached, negligence can be established. When the individual fails to consider the possibility of a harm, damage or loss, which a prudent individual, in similar circumstances would undertake, it also contributes towards the breach of duty (Gibson and Fraser, 2014). In the established case of Vaughan v Menlove (1837) 132 ER 490 (CP), due to the poor ventilation, the haystack of the defendant caught fire. Before this incident, the defendant had been warned on several instances that due to the poor ventilation, a fire could set off. The defendant argued that the risk of fire was not foreseeable when the fire really took place, and even went on to state that his best judgment had been used in this case. The best judgment of the defendant was held insufficient by the judge. This was because the judge believed that a prudent individual would have paid heed to the numerous warnings and the best judgment would have been of such a prudent individual. So, the defendant was held to have breached the duty of care in the quoted case (Commonwealth Legal Information Institute, 2017). In given scenario, it has been already established that Trevor owed a duty of care to all the individuals who participated in his tour. And so, he had to make certain that none of the parties were harmed or injured. He left the tour members unsupervised for a long time period when he went on to search a new location. This led to the delay in the schedule of the entire tour and hence, the return time was pushed to the night. Due to the darkness that had fallen with night, Anna failed in making out the root of the tree and stumbled upon it, which resulted in her injury. Trevor had failed in fulfilling the duty of care towards its tour members. This establishes that there has been a breach of duty of care. Also, applying Vaughan v Menlove, any prudent person would have ensured that the schedule of tour was kept up. In case there was a delay in the timings of the tour, then proper care should have been taken to safeguard the individuals from such incidents. This risk was clearly foreseeable, and as a tour operator, Trevor should have been aware about it. This further affirms a breach of duty of care by Trevor. Damage Unless and until, the breach of duty of care does not result in an injury, harm or loss to some other person, a case of negligence cannot be established. So, when there is a case of breach of duty of care, the result of such a breach has to be a loss, injury or harm for the party to the individual to whom this duty of care was owed (Statsky, 2011). This injury has to be substantial and a negligible injury would not establish negligence. For claiming damages under negligence, the injury has to be substantial enough that damages can be claimed upon it and a negligible or a remote injury would not attract any amount of damages (Harvey and Marston, 2009). This can also assist in claiming damages which are in nature of non-pecuniary, and an example of such non-pecuniary damages is the damages awarded for emotional or mental distress (Holmes, 2017). There has to be a direct causation between the injury and the actions undertaken by the individual to establish a case of negligence. In addition to the direct causation, the loss has to be foreseeable. Unless and until, a loss is foreseeable, a party cannot take steps to avoid the injury (Greene, 2013). For instance, an earthquake is not foreseeable and hence, a claim in such case cannot be made. In the Wagon Mount case, otherwise known as the Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd [1961] UKPC 2, the real cause of the fire was held to be remote and so, the damages for the fire were not ordered to be paid by the defendant (H2O, 2016). In given scenario, the injury was foreseeable as any person, whether a professional or novice, could easily trip on a tree branch at night time, due to the acute darkness. Further, Trevor had clear knowledge that the chances of falling at the night time in a trek were significantly higher as compared to day time, and this is the reason why he avoided the tours at night time. In the past, this had already resulted in injury to Trevors clients. This affirmed the foreseeability of the loss. There was also a direct causation between the injury that Anna received and the failure of duty of care by Trevor in keeping his tour members safe at night time. Due to the presence of foreseeability, direct causation, and a significant injury due to the breach of duty of care, a case of negligence can be easily established. Defense A common defense used in the case of negligence is the defense of contributory negligence (Find Law, 2017). When there is a failure on part of the injured party, in taking the due care, which could safeguard them due to an injury resulting from the breach of duty of another person, a case of contributory negligence is established. In case a contributory negligence of the plaintiff is established, then the damages which are to be paid to the plaintiff are reduced according to the contribution of the plaintiff in such an injury (Dongen, 2014). In the case of Davies v Swan Motor Co [1949] 2 KB 291, Davies was standing at the side of the lorry and this was taken as a contributing factor in the injuries which Davies received. Because of this contributory negligence of Davies, the damages awarded by the court, to him, were reduced in the appropriate proportions (Swarb, 2016). In given scenario, Anna drank up wine from the bottle which she had brought with her to the tour. Trevor had never provided any alcohol to Anna; moreover, he only gave the tour members sandwiches, and water. In addition to this, upon being offered wine by Anna, the other tour members had refused it. The consumption of wine made tipsy, which contributed towards the injury she received, as she was not her best while trekking. Trevor had clearly laid down a requirement of wearing sensible clothing, as well as, shoes for the trek, to all the members taking the tour. And yet, Anna changed her shoes for high heels, which increased her chances of falling or tripping while trekking. Trevor was unaware that Anna was intoxicated or that Anna had changed her footwear. So, Anna contributed towards her injury. And as was established in the case of Davies v Swan Motor Co, the acts of Anna contributed towards the injury, in the same manner as it did for Davies by standing at the side of lorry. Not once, but Anna, through her acts, contributed towards her injury twice and that too in a grave manner. Intoxication plus improper gear were two major factors which contributed towards her injury and so she would be liable for contributory negligence. Remedies As highlighted earlier, when a negligence of an individual is established, a claim for damages can be made by the party injured or harmed, and this is in form of monetary compensation (Turner, 2013). And both pecuniary and non pecuniary losses can be claimed for negligence of an individual. A momentous case with regard to damages awarded for mental distress is the case of Baltic Shipping v Dillon High Court of Australia (1993) 176 CLR 344, where even though the plaintiff was not awarded the cost of the cruise, but for the mental distress caused due to the sinking of ship and the loss of belongings of the passenger, the plaintiff was awarded damages (Holmes, 2017). The Civil Liability Act (QLD) dictates that in case of a contributory negligence, the damages awarded in case of negligence to the plaintiff would be reduced by the amount of the contributory negligence of the plaintiff. The reduction percentage of the contributory negligence is decided upon the discretion of the court of law (Hayes Gabriel, 2017). Section 47 of the Civil Liability Act provides that when, at the time of the negligence incident resulting in an injury, the plaintiff is intoxicated, whether under the influence of alcohol or drugs, then the damages awarded to the plaintiff are liable to be reduced by a percentage of 25 and even higher in cases where the court deems fit (Lavercombe, 2012). Due to the injury resulting out of negligence of Trevor, Anna would have to be compensated for both the pecuniary and non pecuniary damages. But as there is no direct causation between the willful closure of the caf by Anna and her injury due to negligence of Trevor, she cannot claim damages in form of lost income of twelve months. However, the amount of damages that would be awarded to Anna would have to be reduced by the percentage of contributory negligence. Due to Anna being intoxicated, this would be a minimum of 25%. In addition to this, the judge may award a higher percentage as Anna violated the guidelines given by Trevor to wear proper gear for trekking by wearing high heels. The final amount of damages awarded to Anna, would hence depend upon the verdict of the court of law. Conclusion The applicability of the rules and case laws, with the given scenario highlights that Trevor owed a duty of care towards the tour members and he failed in fulfilling this duty, which resulted in serious harm to Anna. And so, Trevor is liable for negligence and would have to pay damages to Anna. However, due to the contributory negligence of Anna, the damages awarded to her would be reduced by 25% or more. References Abbott, K., Pendlebury, N., and Wardman, K. (2007) Business law. 8th ed. London: Thompson Learning. British and Irish Legal Information Institute. (2017) Donoghue v Stevenson [1932] UKHL 100 (26 May 1932). [Online] British and Irish Legal Information Institute. Available from: https://www.bailii.org/uk/cases/UKHL/1932/100.html [Accessed on 02/03/17] Commonwealth Legal Information Institute. (2017) Vaughan v Menlove. [Online] Commonwealth Legal Information Institute. Available from: https://www.commonlii.org/uk/cases/EngR/1837/424.pdf [Accessed on 02/03/17] Dongen, E.V. (2014) Contributory Negligence: A Historical and Comparative Study. Boston: Brill Nijhoff. Emanuel, S., and Emanuel, L. (2008) Torts. New York: Aspen Publishers. Find Law. (2017) Defenses to Negligence Claims. [Online] Find Law. Available from: https://injury.findlaw.com/accident-injury-law/defenses-to-negligence-claims.html [Accessed on 02/03/17] Gibson, A., and Fraser, D. (2014) Business Law 2014. 8th ed. Melbourne: Pearson Education Australia. Greene, B. (2013) Course Notes: Tort Law. Oxon: Routledge. H2O. (2016) Wagon Mound (No. 1) -- "The Oil in the Wharf Case". [Online] H2O. Available from: https://h2o.law.harvard.edu/collages/4919 [Accessed on 02/03/17] Harvey, B., and Marston, J. (2009) Cases and Commentary on Tort. 6th ed. New York: Oxford University Press. Hayes Gabriel. (2017) What is Contributory Negligence?. [Online] Hayes Gabriel. Available from: https://hayesgabriel.com.au/compensation-law/contributory-negligence/ [Accessed on 02/03/17] Holmes, R. (2017) Mental Distress Damages For Breach Of Contract. [Online] Victoria University of Wellington. Available from: https://www.victoria.ac.nz/law/research/publications/vuwlr/prev-issues/pdf/vol-35-2004/issue-3/holmes.pdf [Accessed on 02/03/17] Kelly, D., Hammer, R., and Hendy, J. (2014) Business Law. 2nd ed. Oxon: Routledge. Lambiris, M., and Griffin, L. (2016) First Principles of Business Law 2016. Sydney: CCH. Latimer, P. (2012) Australian Business Law. 31st ed. Sydney, NSW: CCH Australia Limited. Lavercombe, D. (2012) Intoxication and contributory negligence: common law vs the Civil Liability Act 2003 (QLD). [Online] Lexology. Available from: https://www.lexology.com/library/detail.aspx?g=895104f1-fc0c-47bc-b875-79470fa98eb9 [Accessed on 02/03/17] Statsky, W.P. (2011) Essentials of Torts. 3rd ed. New York: Cengage Learning. Swarb. (2016) Davies v Swan Motor Co (Swansea) Ltd: CA 1949. [Online] Swarb. Available from: https://swarb.co.uk/davies-v-swan-motor-co-swansea-ltd-ca-1949/ [Accessed on 02/03/17] Trindade, F., Cane, P. and Lunney, M. (2007) The law of torts in Australia. 4th ed. South Melbourne: Oxford University Press. Turner, C. (2013) Unlocking Torts. 3rd ed. Oxon: Routledge.