Wednesday, January 29, 2020

Nuclear Power - a Reliable Energy Source for the Future Essay Example for Free

Nuclear Power a Reliable Energy Source for the Future Essay Nuclear power A reliable energy source for the future India is on the move. Indeed, one of the primary reasons why we are even having this competition is a result of the 8% plus annual GDP growth over the last 8 years. This growth has been driven by strong domestic demand, and with that electricity consumption per capita has doubled from 355KWh in 2000 to 720kWh by 2009. This is a huge increase, but in absolute terms is puny when compared to other countries globally, being only 20% and 3% of the figures for China and America respectively. Juxtapose this with the deplorable fact that about 400 million people are yet to be connected to the electricity grid and the writing is on the wall. In this regard it’s best to compare ourselves to China but it’s already clear that demand is going to soar in the coming years. On the supply side, the power generation figures are much gloomier, and most years hover stubbornly around the ‘Hindu rate of growth’ of 3%. Understandably power generation requires huge capital investment; even so, the pace of growth has been extremely tardy over the past 20 years. In many states (Maharashtra being the notable example) reasonably healthy power surpluses from the early 90s were allowed to stagnate into power deficits by the end of the decade, setting the stage for a huge uphill struggle to cope with the demand surge of this past decade. The net result of all this is that overall national power deficit is around 12% consistently, with no major state being power surplus. There can be no doubt as to what is responsible for this; poor planning and lack of foresight on the part of the Government. Thankfully, it appears to have finally woken up to the challenge, and there are hasty efforts being made to meet the XIth plan revised target of 62,500 MW with a far more ambitious target for the XIIth plan. Given this changed outlook on the part of the Government, I think this is an excellent opportunity to not only work for the short term goal of bridging the deficit, but also looking further ahead and envisioning scenarios for 2020 and beyond. Let’s take a step back and see exactly how we get our power from. At the oment, the predominant source is thermal – a kinder word for what are mostly coal-fired plants. Totally these contribute 64. 6% of the total installed capacity. The other major contributor is hydroelectric powerwhich provides another 22. 6% of total power. Both are hardly what you’d term green; coal powered plants , especially in India are inefficient and polluting whereas large scale hydroelectric projects tend to cause large scale environmental ch anges as well as trigger population shifts. Finally there is nuclear and renewables, which come in at 4. % and 7. 2% respectively. Given the scale of problems associated with large scale hydroelectric projects, it is going to extremely difficult (and not advisable from an environmental viewpoint either) to attempt to build huge hydroelectric projects. Indeed, most of the current capacity has been installed in the immediate years post-independence and there has been little progress with large scale projects in the last twenty years (the Narmada Bachao Andolan and the movements against the Tehri dam come to mind here). It is quite clear therefore, that apart from small scale hydroelectric projects that do not require massive dams on rivers, it is going to be very difficult to raise the conventional hydroelectric generation capacity by as much as is required by the growth in demand discussed above. It is quite an accepted view that the renewable energy sources like wind, tidal and geothermal just will not have the ability to compensate for current fossil fuel generation. Wind and waves could only be used at the coast or in elevated areas in the mountain ranges, and apart from the four monsoon months, wind patterns across the subcontinent are rather subdued. In my view, there are strong reasons for opting for the latter, which I will detail in the paragraphs below. India abounds with coal. Indeed, this is the only fossil fuel we have a huge supply of. Beneath the ground in Jharkhand, Chhattisgarh and Orissa lies about 10% of the known reserves, making India the 3rd largest coal producer in the world. With reserves enough to last for at least another 100 years, it is no surprise then that post-Independence a huge emphasis was placed on enhanced production and utilisation for electricity generation. There are of course other demands for coal, most notably by the steel industry where it is used as a raw material. Like many other areas for the economy, the steel industry has also boomed in the last 20 years with a six fold increase in production. But this may also prove to be too little as demand is increasing at an annual pace of 10%+ and is likely to accelerate given the renewed push for infrastructure development by the government. All of this has meant that once again India is importing large quantities of coal negating the trade cushion that large domestic production naturally affords us. What is the reason for this mismatch? All mines in India were nationalised in the 1970s, and have fallen behind the rest of the world in production standards and efficiencies. Finally, Indian coal has a high ash content and low calorific value which means that larger quantities of raw material will need to be mined. All of these last points highlight the much larger problem with coal- its huge impact on the environment. Fossil fuels pollute, but they do so in two ways- through the emission of particulate matter, S02, N02 and other harmful gases (traditional pollution) and the emission of CO2 and other greenhouse gases. In most of the developed world, the former has vanished almost completely with strict regulations on emissions from plants. In India, with the poor quality of mining and lax environmental normscoal power plants are a huge source of local pollution. This significantly mars the quality of life of the people in the surrounding area, and if a dramatic increase in coal power is planned, a much larger number of people will be affected. Of course, the much bigger problem and challenge is the huge carbon emissions. To many, the whole debate on climate change is a conspiracy by the West. Just when India appears to be settling on a path of sustained growth, the bogey of carbon emissions is raised by nations that have made full use of carbon based industries themselves. Climate change debate in India is extremely low on facts and high on rhetoric and outlooks range from a care-a-damn attitude to holding it liable for everyunusually heavy downpour. Climate change is by and large not a burning topic for public discussion, certainly not one of the aam aadmi issues and so receives short shrift amongst our politicians- many of whom know precious little on the matter. Imagine then the unease, when the whole issue blew up suddenly at Copenhagen in 2008 and India thrust into a prominent position alongside China. No longer an innocent bystander as at Kyoto a decade before, India’s growth and emergence in the world’s eyes have also ensured that it is now seen as essential to the solution. While there was no deal reached on the matter in part due to India and China standing firm, the writing is on the wall for India. Emission limits are going to come sooner or later. Indeed, they may be pretty soon given the unexpected change in the Government’s stance at the current round of negotiations in Cancun. All this makes coal powered plants the real villains of the lot. Spewing huge amounts of carbon in the atmosphere, they can (and especially the ones in India) be highly inefficient. Technologies like Carbon Capture and Sequestration (CCS) exist which can reduce this but is at the moment prohibitively expensive and reduces the efficiency of the plant by a further 50%. There is also the additional problem of safe storage of the captured CO2 so that it does not leak out for 100s of years. If even in the West it will require significant government subsidy to implement, there is not much scope of it taking off in India where there will be no governmental support. A simple modification could be to build gas/oil based plants. While the carbon emissions will be curtailed somewhat, and air pollution unquestionably reduced, these are not a solution to the problems of carbon emissions. And finally India’s oil and gas (despite recent finds) reserves are far short of meeting demand, which would place these plants at the mercy of large fluctuations in international prices or global unrest. Good examples of this are the countries of Europe who are trying hard to diversify themselves away from Russian gas. Now these can be perceived as significant setbacks, or else as a whole new set of opportunities with the chance for a level playing field. I earnestly believe that these two issues- the burgeoning power deficit and the push to eliminate it and the need to begin some action on climate change have fortuitously come at the same time. Nuclear energy has a long association with independent India. Nuclear energy caught the attention of our founding fathers and Jawaharlal Nehru was an eager advocate. In an influential letter Homi Bhabha, the architect of the Indian nuclear program wrote â€Å" Moreover, when nuclear energy has been successfully applied for power production in say a couple of decades from now, India will not have to look abroad for its experts but will find them ready at hand. † But the fortunes of our nuclear ambitions mirrored only too closely that of India’s relations with the rest of the world. The early optimism of the Nehru years disappeared abruptly with the China war, and the 1964 Chinese atomic test only served to highlight India’s isolation from the world’s major powers and the precarious security balance with regards to China. Acquiring a bomb became a national priority; and while the 1974 tests were a triumph for Mrs Gandhi domestically, it spelt doom for civilian nuclear efforts. An outraged international community imposed tough sanctions, which were further intensified after the 1998 nuclear tests. For most people, it seemed that civilian nuclear efforts had been given a quiet burial. But was this really the case? Amazingly, and in what must be one of the greatest triumphs of Indian science and engineering, it was not! Despite tremendous odds, a great deal of effort was put into civilian nuclear technology. Realising that they couldn’t rely on the West, our scientists decided to revisit the entire basis of the nuclear process and press on with phase II of the so called three stage nuclear program. The emphasis would now be placed on Thorium, which is much more abundant in India. There are significant challenges to using this material, mostly due to the fact that it does not produce the fissile stable Uranium 235 as a by-product of decay. A lot of work has been done in this area, and today we are ready to commission projects at phase II and planning work has already begun for Phase III Advanced Heavy Water Reactor systems. However, in that period the Cold War became history and our growing economy and some unexpectedly dogged diplomacy won India the landmark nuclear deal of 2008. While the sceptics may decry the ‘loss of sovereignty’ India is now no longer a nuclear pariah and can trade and develop its civilian nuclear capabilities as it sees fit. What I want to underscore here is just how competitive we are; our atomic energy facilities are in many cases at the cutting edge of nuclear research and certainly the best work on Thorium is coming out of India. So much so that nuclear scientists from the West are extremely keen on using our facilities and collaborating with us. I think the nuclear deal will enable us to leverage our strengths well, and if properly planned out, India could very well turn from customer to supplier, exporting high value technology to other countries around the globe. This is an opportunity that surely cannot be missed! But to return to nuclear energy- does it fulfil the requirements for a reliable source of energy? Well air pollution is extremely limited, and so are carbon emissions as there are no fossil fuels involved (except perhaps for the transfer of the fuel). India possesses vast reserves of Thorium, and electricity from nuclear power will also be cost effective. Sure, it takes longer to build these plants but that in part has been to our lack of experience and the stifling of nuclear commerce pre 2008. This has been taken into account in the growth plans to 20,000 MW by 2020 and then a further tripling to 63,000 MW by 2032. Unlike the solar power targets though, these should be readily achievable. At the moment, Indian industry doesn’t possess many of the skills required by the industry and this will be a great impetus itself for developing high tech industries in India. However, there is the serious issue of disposal of nuclear by products and the catastrophic scenarios that can arise from a nuclear accident. Indeed it is the latter which has led to large amounts of anti-nuclear feelings especially in Europe. The largest such accident was at Chernobyl in 1986 and the radiation from this affected most of continental Europe. But as has been pointed out, safety standards in the Soviet Union were not as stringent as the West, and even these were blatantly violated as the Soviet economy began to crumble. In other words, it was a terrible exception and given correct management, shouldn’t happen again. In many ways this was eerily similar to Bhopal, which is worrying for two reasons. One it shows we don’t have an inbred safety culture and two that such comparisons could be a convenient bogey for derailment of nuclear projects. The solution is to tackle the former and build up a culture of professionalism and discipline at these nuclear power plants, with safety standards that compare with the West and are adhered to. The memories of Bhopal are still fresh in people’s minds and let’s hope the lessons stay with us also. France is a great example of a system that works. 70% of its electricity is generated in nuclear plants and it has an unblemished safety record. So along with technology, we should have no qualms in learning from the best in the trade and imbibing their safety ethic. If this is done, there is a great chance of nuclear technology becoming another transformative sector for the economy like IT was in this decade. Being a nuclear energy powerhouse will have a knock-on effect for Indian diplomacy and our relations with the rest of the world. Given the volatile nature of world events, it is almost a certainty that access to nuclear technology will be continue to be restrictive in the years ahead. All of the world powers today have strong nuclear programs- even Japan is a key supplier for civilian nuclear technology. A strong domestic nuclear sector will add a lot of weight to our voice in the world and hasten India’s ascent on the world stage. Nuclear energy will enable us to make significant progress in meeting any emissions targets that could be set for us and will make clear to the world that India is serious about climate change. Not only is this good for us in the long run (India is particularly vulnerable to rising temperatures) but it will also deflect pressure back on the developed nations who are primarily responsible for the problem. Such a bold move would be another shot in the arm for Indian diplomacy. If a stopgap solution is required, then coal and gas plants are the way forward. Indeed, to meet the immediate deficit, this is the only way. But it is not the technology for the future. At the moment, that mantle lies with nuclear energy. Our country has already done a great deal of work under very difficult conditions to build up our nuclear program. It would be a tragedy to let this slide and not harness its capabilities. Accomplishing this will require vision- but then, that is exactly what is needed to build the India of the future.

Tuesday, January 21, 2020

Uses of Archetype, Foreshadow, and Symbolism in One Hundred Years of So

Uses of Archetype, Foreshadow, and Symbolism in One Hundred Years of Solitude Throughout all works of world literature, certain passages will have special significance to the plot progression of that novel. This key passage must provide insight upon the overall theme of that work through characterization, symbolism, and imagery. In Gabriel García Márquez's novel One Hundred Years of Solitude, the passage selected for commentary uses the literary techniques of archetype, foreshadow, and symbolism to inform characterization. The concept of consanguineous love affairs is also reinforced in this passage along with the idea of the necessity of outside influence on a family. These concepts inform the characterization of all of the characters presented and provides insight on the cyclic nature of the Buendía family history. From the beginning of the passage, García Márquez demonstrates that outside influences are beginning to impact the Buendía family lineage. The newborn son of Aureliano Segundo by Fernanda del Carpio, José Arcadio, is described as having "no mark of a Buendía." This shows the family's shift from repeated love affairs involving family members, such as that of the first José Arcadio and Rebeca. Also, the newborn's lack of a mark eludes to Fernanda's gaining power within the family; no mark of the traditional Buendía, Úrsula, is to be found. This idea is further suggested when Fernanda does not hesitate in naming him José Arcadio, despite Úrsula's doubts. This shows Úrsula's ability, having been the supreme matron of the Buendía family over... ...ir respective names and dressed them in different colored clothing marked with each one's initials, but when they began to go to school they decided to exchange clothing and bracelets and call each other by opposite names. The teacher, Melchor Escalona, used to knowing José Arcadio Segundo by his green shirt, went out of his mind when he discovered the latter was wearing Aureliano Segundo's bracelet and that the other one said, nevertheless, that his name was Aureliano Segundo in spite of the fact that he was wearing the white shirt and the bracelet with José Arcadio Segundo's name. From then on he was never sure who was who. Even when they grew up and life made them different, Úrsula still wondered if they themselves might not have made a mistake in some moment of their intricate game of confusion and had become changed forever.

Monday, January 13, 2020

Ethnicity and Culture in Disease Prevention Essay

Importance of addressing race, ethnicity, and culture when developing programs for prevention of disease Name: Subject: Instructor: Date: The campaigns against diseases have a number of times botched as a result of non-recognition of environmental, biological and behavioral factors as major determinants as of individual health. In public health, the three terms (ethnicity, race and culture) are often used interchangeably. The implementation of disease prevention programs in a community requires full knowledge of the health status of its members. With this regard, racial and ethnical categories often define populations in a manner that is meaningful to their health status (Nnakwe, 2009, p. 337). The concept of race, ethnicity and culture plays a significant role in understand human behavior. Thus it is rational to incorporate the aspect of race, culture and ethnicity a when designing disease prevention programs in communities. For instance, designing a disease prevention program require the use of social ecological framework. The framework focuses on interactions between an individual’s physical, cultural and social setting and thus it may be the only necessary move in a fight against disease in an ethnic group. In this case, the knowledge about a disease should not only be transferred but also needs to be cultivated thought peer support, supportive social norms and cultural values. Consider a case where the government decides to put up a facility for provision of free condoms at the core of a very conservative community as part of a program for prevention of HIV/Aids. Will such a program receive support from the community? Of course not as this will be taken as a violation of the community’s cultural values since it may lead to moral decay among its members. Therefore cultural values of a community must be addressed and prevention programs should be aligned with those values. Health care providers need to train on cultural competency in order to understand barriers and influence of culture and society on health behaviors as well as the use of behavior change tools that are culturally sensitive. Ethnicity /race may also affect, directly or indirectly, the success of a disease prevention program in a community, e. . cultural beliefs about HV/Aids (Edelman & Mandle 2005, p. 48). For example the risk of obesity starts at a person’s prenatal period. Race/ethnicity may therefore affect the prevention of obesity since it influence the timing of pregnancy, number of pregnancies together with intervals between pregnancies. In conclusion, the public health approach towards prevention of disease mus t into consideration culture, race and ethnicity within a social ecological framework as an effort towards sustaining a disease free society.

Sunday, January 5, 2020

Tort Law Problem Answers - Free Essay Example

Sample details Pages: 9 Words: 2738 Downloads: 2 Date added: 2017/06/26 Category Law Essay Type Case study Did you like this example? ISSUE Whether James can succeed in an assault Tort claim against Mele for her actions? RULE An assault is committed where the defendant intentionally or recklessly causes the victim to apprehend immediate unlawful personal violence. [1] The elements for assault are: An intentional act The absence of consent on Defendants part in this case The inducement of an apprehension of imminent contact ( An imminent battery) Is there any reasonable apprehension for reasonable battery? APPLICATION: An Intentional Act Intent is established if a reasonable person is substantially certain that certain consequences will result; likewise intent also established whether or not he or she actually intends those consequences to result. In Tuberville v Savage (1669) 86 ER 684[2] the defendant put his hand on his sword and stated that if it were not assize-time, I would not take this language from youà ¢Ã¢â€š ¬Ã¢â€ž ¢. The court held that it does not amount to an assault as the words indicated that no violence would arise. Similarly on the facts, Sia did screamed at James saying à ¢Ã¢â€š ¬Ã…“I know youà ¢Ã¢â€š ¬Ã¢â€ž ¢re out to get me and Ià ¢Ã¢â€š ¬Ã¢â€ž ¢m going to get you firstà ¢Ã¢â€š ¬Ã‚ . These words were said without provocation and will not amount to any intention that would cause harm. However on the other hand, in Stephenà ¢Ã¢â€š ¬Ã¢â€ž ¢s v Myers (1830) 172 ER 735[3], the defendant made a violent gesture at the plaintiff by waiving a clenched fi st, but was prevented from reaching him by the intervention of third parties. The defendant was liable for assault. Likewise, in the given facts, Sia also did gestured threateningly to James when she approached him. Such act did constitute an intention to cause harm to James. Moreover it did create fear into James. Therefore this element is satisfied. The absence of consent on James part in this case There is no consent on James part. This is true, as to the period of time the incident did occurred. According to the facts at hand, Sia approached James during their lunch break, which indicates that James could not have contemplate that an incident as this would occur since he would have thought Sia is just a normal kid as the rest of the other students. Hence, there is an absence of consent on James part. Moreover, James did report the incident to the school principle meaning that he has no knowledge of Siaà ¢Ã¢â€š ¬Ã¢â€ž ¢s mental illness. Therefore, these gave reasonable gro unds for absent of consent on his part as well. Was there an inducement of an apprehension of imminent battery? The plaintiff must have a reasonable apprehension of imminent injury or offensive contact. Apprehension means awareness that an injury or offensive contact is imminent and is about to occur.[4] On the facts, James is aware of the threat of harm because Sia had stood face to face with him when she gestured threateningly and screamed à ¢Ã¢â€š ¬Ã…“I know youà ¢Ã¢â€š ¬Ã¢â€ž ¢re out to get me and Ià ¢Ã¢â€š ¬Ã¢â€ž ¢m going to get you firstà ¢Ã¢â€š ¬Ã‚ . Gesturing threateningly to someone can create apprehension in the mind and can amount to assault as in Stephenà ¢Ã¢â€š ¬Ã¢â€ž ¢s v Myers (1830) 172 ER[5] where a defendant who violently gestured at the plaintiff by waiving a clenched fist amounts to assault. On the other hand, there is doubt in the question of whether words alone can constitute an assault.[6] , In Smith v Chief Constable of working (1983) 76 Cr A pp R 234[7] the defendant looked through the window of the plaintiff( a young women) at night and when she screamed he did not move but kept staring. The court held that she was frightened but could not have been frightened of personal violence as she was inside the house and defendant was outside of the house. However it can be distinguished to the facts in this case because even if Sia did make a future threat by verbally expressing it and was unable to carry out the threat it can be distinguished on the part where future threats made is usually where the plaintiff is out of the scope of danger. However in this scenario Sia is actually standing face to face when she screamed at James unlike in Smith v Chief Constable of working where the defendant was outside the house and the plaintiff was inside, hence it is likely that an apprehension of imminent battery can occur. Reasonable apprehension If a reasonable person would be frightened, then there may be assault even if batter y was impossible. In the given facts, for sure a reasonable person in James position would have felt threatened by the way Sia behaves. Even if Sia did gestured and screamed à ¢Ã¢â€š ¬Ã…“I know youà ¢Ã¢â€š ¬Ã¢â€ž ¢re about to get me and Ià ¢Ã¢â€š ¬Ã¢â€ž ¢m going to get you firstà ¢Ã¢â€š ¬Ã‚ , the nature of these word can cause fear in a person especially if that person threateningly gestured and screamed at you face to face. Moreover, the fact that James has refused to return to School and had to be transferred to another school indicates that he is in fear that such incident might occur again. Therefore a reasonable person in James shoes would have been terrified by such behavior. Conclusion: The elements above are satisfied in the facts of the present case, hence it is likely that Siaà ¢Ã¢â€š ¬Ã¢â€ž ¢s behavior amounts to assault. (b) TORT OF NEGLIGENCE ISSUE: Whether the school owe a duty of care to Mele? LAW: General Rule for Duty of Care à ¢Ã¢â€š ¬Ã…“The duty of care concerns the circumstances and relationships which the law recognizes as giving rise to a legal duty to take care.[8] It is necessary for the claimant to establish that the defendant owed them a duty of care. To establish that there is a duty to take care of another person, under the Caparo test the claimant must establish and fulfill the three elements of duty of care. They are foreseeability, proximity and in all circumstances it must be just, fair and reasonable to impose a duty of care. [9] Elements of Duty of Care: Don’t waste time! Our writers will create an original "Tort Law Problem Answers" essay for you Create order Foreseeability of damage Sufficient proximity between the parties Fair, just and reasonable In addition: Using Home office v Dorset Yacht Co Ltd (1970) AC 1004 House of Lords[10] on the test of who the duty of care is owed: Foreseeable victim Foreseeable zone APPLICATION: Foreseeability of damage The notion of foreseeability focuses on what a reasonable person would have foreseen in the circumstances.[11] As the principle of the school he should have anticipate foreseeable harm Sia might cause to other students in the future even if Siaà ¢Ã¢â€š ¬Ã¢â€ž ¢s mother had assured him that this will not happen again. Here, the school principle had already been aware of the fact that Sia is suffering from mental illness and that the prior incident which involves Sia with another student James would probably occur all over again, especially with a state of mind like Sia. As in Home Office v Dorset Yacht Co Ltd (1970) AC 1004 House of Lords[12], the Home Office owed a duty of care for their errors as they were in a position of control over the 3rd party who caused the damage and it was foreseeable that harm would result from their inaction.[13] Sufficient Proximity between the Parties Proximity focuses on the nature of a relationship between the parties. In essence, there must be a special relationship that exists between two parties in order to define the duty one owes another. On the facts here, the school has a special relationship to Mele in terms of principle and student relationship. The relationship indicates that the school principle has a duty towards its students in any circumstances in accordance to his profession. In this case, the school principle should have acted when he knew that Sia was mentally ill. Justice Winneke in Richard v State of Victoria (1969) VR 136 states that a principles duty is as follows: à ¢Ã¢â€š ¬Ã‹Å"à ¢Ã¢â€š ¬Ã‹Å"It is the need of a child of immature age for protection against conducts of others, or himself, which may cause injury, or indeed himself, joined with the fact that, during school hours, the child is beyond the control and protection of his parent and placed under the control of the schoolmaster/principle who is in a position to exercise authority over him and afford him, in the exercise of reasonable care, protection from injury or harmà ¢Ã¢â€š ¬Ã‚ . [14] Therefore, there existed a relationship between the school principle and Mele as a student. Fair, just and reasonable Even if foreseeability and proximate relationship between the parties are satisfied it must be just, fair and reasonable to impose such a duty.[15] According to the facts here, it is in the best interest of Mele as a student and if the school principle had done his job properly such harm would not occur. Therefore, it is fair, just and reasonable and a duty of care can be imposed on the school. Furthermore in using Home Office v Dorset Yacht Co Ltd (1970) AC 1004[16] House of Lords as an authority, to who is a duty of care owed? The test of duty of care includes D reasonably foresee ability of the injury claimed by P. Foreseeable victim Here in the given facts, it is more likely that the principle would anticipate foreseeable harm that Sia might cause to other students including Mele. It is possible for the principle to foresee that his inaction, which is his failure to fully take into consideration the mental illness suffered by Sia, would cause harm to Mele. Because he had prior knowledge of Siaà ¢Ã¢â€š ¬Ã¢â€ž ¢s psychotic nature which Mary (Siaà ¢Ã¢â€š ¬Ã¢â€ž ¢s Mother) had informed him that sometimes she made threats to others. Foreseeable Zone Foreseeability would establish if the foreseeable Pà ¢Ã¢â€š ¬Ã¢â€ž ¢s are people who at that time are physically in the zone where the harm maybe expected to cause physical injury. In this scenario, the principle foresees that Sia is capable of attacking her classmates because of the first incident involving a student which she also threatens. In this sense, there is more probability that the principle knew that at any-time Sia would attack any student in school like Mele. Even if the principle did not know Mele personally he still would have foreseen the possibility that Sia could have caused any harm to any student apart from Mele. CONCLUSION: All the elements of duty of care is satisfied, thus the school owes a duty of care to Mele (c) ISSUE: Whether Fine can succeed in an action in negligence against the school for the psychological harm suffered and whether the school owed a duty of care to Fine. LAW: PSYCHIATRIC ILLNESS The general principles of negli gence are used where a claimant suffers only a psychiatric illness and physical harm. However, where a claimant suffers only psychiatric injuries, additional requirements have to be met for a successful claim.[17] Distinction must be made between a primary and secondary victim in cases of pure psychiatric injuries. The use of reasonable foreseeability test is also relevant to determine the class of persons who are most likely to recover damages which also led to rely on the test of proximity when considering the physical relationship of the witness to the accident.[18] SECONDARY VICTIM This class of person are those not within the physical zone of danger but witnesses of horrific events and suffers without himself being exposed to danger.[19] In Alcock ors v Chief Constable of South Yorkshire [1992] AC 310 House of Lords[20], secondary victims must demonstrate the four Alcock criteria in order to establish liability: Close tie of love and affection Witnesses the event with their own unaided senses Proximity to the event itself or its immediate aftermath Psychiatric injury must be a result if a shocking event APPLICATION: According to the scenario, Fine is regarded as a secondary victim since she was not within the physical zone of danger but suffers without being expose to danger that occurred. Close tie of love and affection There must be evidence of the existence of a close relationship of love and affection between the victim and the witness. This will be presumed in parent and child and spouses but must be proved in other relationships.[21] In the scenario, evidence of necessary close ties had been adduced between Mele (victim) and Fine (witness). Here, Mele is Fineà ¢Ã¢â€š ¬Ã¢â€ž ¢s daughter. Therefore, it indicates a close tie of love and affection. Witnesses the event with their own unaided senses This focuses on the fact that seeing the events on television is not sufficient. On the present scenario, it can be distinguished that Fine witness the event with her aided senses since she was there at the scene and saw her daughter being carried out on a stretcher with blood pouring from his face. Hence, she is unlikely to recover from psychiatric injuries caused. Proximity to the event itself or its immediate aftermath In Alcock ors v Chief Constable of South Yorkshire (1992) AC[22], the relatives that had visited the make shift mortuary to identify loved ones were held not to come within the immediate aftermath of the event. It is a well-established rule that in order to recover damages for shock the plaintiff must have been present at the scene of the accident. On the facts of the scenario Fineà ¢Ã¢â€š ¬Ã¢â€ž ¢s psychiatric injury is a result of the immediate aftermath of the event when she saw her daughter carried out on a stretcher with blood pouring from her face. Psychiatric injury must be a result of a shocking event. Lord Ackner states that à ¢Ã¢â€š ¬Ã…“shockà ¢Ã¢â€š ¬Ã‚  in the context of this cause of action, involves the sudden appreciation by sight or sound of a horrifying event, which violently agitates the mind. However, this excludes those who suffer psychiatric injury caused by buildup over a period of time.[23] On the facts of the present scenario, Fineà ¢Ã¢â€š ¬Ã¢â€ž ¢s shock involves sudden appreciation by sight of the event when she came to school and was at the scene. Therefore, seeing her daughter Mele being carried on a stretcher with blood pouring from her face gave her the sudden appreciation, thus cause her the psychiatric injury. REASONABLE FORESEEABILITY PROXIMITY-DISTANCE (AFTERMATH) It is more likely that the psychiatric injury sustained by Fine is reasonably foreseeable as a result of the school principalà ¢Ã¢â€š ¬Ã¢â€ž ¢s failure to act. This is because the principle is aware of the fact that Sia had suffered from mental illness and could have been aware of the consequences that might occur and that any person present or saw the aftermath of the event would be affected. In McLoughlin v Oà ¢Ã¢â€š ¬Ã¢â€ž ¢ Brian [1983] 1 AC 410[24], Lord Wilberforce stated that the aftermath doctrine in which one who from proximity comes very soon upon the scene should not be excluded and by way of reinforcement of aftermath cases.[25]Therefore Fine should not be excluded as she had witnessed the aftermath of the event. CONCLUSION: By applying these principles, it is likely that Fine would succeed in bringing an action against the school for her psychiatric injury. BIBLIOGRAPHY Fraser, Ian, LW 203 Torts I: Course Book, Sera Rokodi, 2011. K. M. Stanton, The Modern Law of Tort, (1994), Sweet and Maxwell, London. Michael A. Jones, Textbook on Torts, (8th Ed, 2007), Oxford University Press, New York. Tony Weir, A Casebook on Tort, (10th Ed, 2004), Sweet and Maxwell, London. Cases Alcock ors v Chief Constable of South Yorkshire [ 1992] AC 310 McLoughlin v Oà ¢Ã¢â€š ¬Ã¢â€ž ¢ Brian [1983] 1 AC 410 Home Office v Dorset Yacht Co Ltd [1970] AC 1004 Richard v State of Victoria (1969) VR 136 Smith v Chief Constable of working (1983) 76 Cr App R 234 Stephenà ¢Ã¢â€š ¬Ã¢â€ž ¢s v Myers (1830) 172 ER 735 Tuberville v Savage (1669) 86 ER 684 [1] W.V.H Rogers, Torts,(1994)p58 [2] Tuberville v Savage (1669) 86 ER 684 [3] Stephensà ¢Ã¢â€š ¬Ã¢â€ž ¢s v Myers (1830) 172 ER 735 [4] K. M. Stanton, The Modern Law of Tort, (1994) p 58 [5] ibid [6] Above n3 p188 [7] Smith v Chief Constable of working (1983) 76 Cr App R 234 [8] Michael A. J, Textbook on Torts, (8th Ed, 2007) p31 [9] Tony. Weir, A Casebook on Tort, (10th Ed, 2004) p46. [10] Home Office v Dorset Yacht Co Ltd [1970] AC 1004 [11] Michael A. J, Textbook on Torts, (8th Ed, 2007) p37 [12] Home Office v Dorset Yacht Co Ltd [1970] AC 1004 [13] Cited in K. M. Stanton, The Modern Law of Tort, (1994) p27 [14] Richard v State of Victoria (1969) VR 136 [15] Michael. A. J, Textbook on Torts, (8th Ed, 2007) p35. [16] Home Office v Dorset Yacht Co Ltd [1970] AC 1004 [17] I.Fraser, LW 203 Torts I, (Sera Rokodi, 2011) pg 5.24 [18] n [19] W.V.H. Rogers, Torts, (1994) p120 [20] Alcock ors v Chief Constable of South Yorkshire [1992] AC 310 [21] Tony. Weir, A Casebook on Tort, (10th Ed, 2004) p209-210 [22] Alcock ors v Chief Constable of South Yorkshire [1992] AC 310 [23] Cited in above n22 p208 [24] McLoughlin v Oà ¢Ã¢â€š ¬Ã¢â€ž ¢ Brian [1983] 1 AC 410 [25] Michael. A. J, Textbook on Torts, (8th Ed, 2007) p208