Onychomycosis Treatment Evaluation

Onychomycosis Treatment Evaluation A synopsis on Onychomycosis in patent with high degree of glycated hemoglobin (HbA1c) Essa Ajmi Alodeani, Mohammad Asrar Izhari, Mohammad Arshad Abstract: Onychomycosis is an intercontinental disease burden and poses growing concern for the health-care establishment. It is a comparatively quotidian dermatologic manifestation. It is an infection of the nail plate or nail bed caused by fungus which leads to the imperceptible destruction of the nail plate, accounting for about half of all disordered nails and almost 30% of cutaneous mycoses. Variation in the incidence of the ailment reflects region and age. Usually it is not a self-limiting dermatologic representation and may trigger more infectious lesions at another site of the body owing to progressive nature of mycosis. Cosmetically unsightly affected nails may begin to be painful and lead to functional impairment. In case of patients with high degree of glycated hemoglobin (HbA1c) which is now days evaluated as an indicator of diabetes control, onychomycosis treatment becomes more imperative owing to the association between diabetes and the diabetic foot ulcer which one of the most s erious sequelae of diabetes in the lower extremities. Especially lower limb sequelae are great contributors to hospitalization of diabetic patients accounting for the majority of in-hospital stay and huge consumption of resource leading to the great deal of economic setback of the health care system of the country. Approximately 15% of diabetic patients develop a lower extremity ulcer during the course of their ailment. Diabetic foot syndrome (DFS) affects 1 out of 5 diabetic patients at least once in his/her lifetime. The necessity of the selected treatment in these patients must be exercised to minimize or anticipate any adverse drug interactions as they concurrently use other medications. With the avalanche of scientific evidences and keeping all the aspects of the onycomycosis, it would be worth to undertake the subject under investigation. Keywords: Onychomycosis, diabetic patients, glycated hemoglobin (HbA1c) Introduction: Onychomycosis is a global and comparatively quotidian dermatologic manifestation raising disease burden and poses growing concern for the economy of health-care establishment. It accounts for about half of all disordered nails and almost 30% of cutaneous mycoses. In case of patients with higher degree of glycated hemoglobin (HbA1c)-a diabetic monitoring marker, the treatment becomes more imperative owing to the association between diabetes and the diabetic foot ulcer which one of the most serious consequences of diabetes in the lower extremities. Which is a great contributor to hospitalization of diabetic patients accounting for the majority of in-hospital stay and huge consumption of resource leading to the great deal of economic setback of the health care system of the country. Onychomycosis is a very common nails infection globally and responsible for 30% of cutaneous mycotic infections and 50% of all nail disorders [1-3]. It is associated with morbidity and long lasting treatment with anti-fungal agents and leads to substantial patient distress, disability, pain, negative self image and can predispose to the soft tissue infection, particularly cellulitis [4-7]. It is more common in diabetic than nondiabetic patients and the patients with diabetic infection have a greater risk of serious complications from the disease such as limb amputations [9-23]. Recent epidemiologic study reveals that diabetic patients are 2.8 times more likely to have onychomycosis than nondiabetic patients. Diabetic patients are very much susceptible to fungal nail infections as they often experience impaired sensation; lack of pain sensation can make them less aware of trauma to their feet, such as nail changes that develop during onychomycosis [23]. Thickened mycotic nails can cause pressure necrosis of the nail bed in diabetic patients, and sharp infected nails can pierce the skin. In diabetic patients the minor ulcerations are serious as they are often unrecognized and can lead to serious diabetic foot infections [23]. The morbidity associated with the onychomycosis infections itself and in combination with the diabetic infection and also the hepetotoxicity of the available drugs is a great problem both at nationally and internationally. With the avalanche of scientific evidences and keeping all the aspects of the onycomycosis, it would be worth to undertake the subject under investigation. Review of literature: Glycated haemoglobin (HbA1c) was firstly identified as an â€Å"unusual† haemoglobin in diabetic patients with over 40 years ago [24]. Then studies were conducted for correlating it to glucose measurements resulting in the idea that HbA1c could be employed to measure the glycaemic control. After that it enters into clinical use in the 1980s and subsequently has become a cornerstone of clinical practice [25]. It reflects average plasma glucose over the previous eight to 12 weeks [26] and can be done at any time of the day and does not require any special preparation such as fasting. These qualities made it the preferred test for assessing glycaemic control in people with diabetes. Recently it has been used as a diagnostic test for diabetes and as a screening test for persons at high risk of diabetes [27, 28]. There are many approaches to treat onychomycosis such as mechanical debridement, surgery, sys-temic/oral interventions and topical treatment [9] and also the agents for tr eatment of onychomycosis include both systemic and topical medications showing the mycological cure rates of 76% with the use of terbinfine, 63% with the use of itraconazole pulse dosing, 61% with the use of griseofulvin, and 48% with the use of fluconazole [9]. Itraconazole which is a triazole nucleous containing anti fungal agent inhibiting fungal lanosterol 14-demethylase, an essential enzyme in ergosterol synthesis. Brod spectrum of antifungal activity is possessed by this antifungal agent in comparison to all the broadest spectrum of activity includes activity against dermatophytes, Candida species as well as some moulds [29]. It has high lipophilicity and high affinity for keratinous tissues, in which the concentration is many times greater than that obtained in plasma. Itraconazole exerts a lasting inhibitory effect due to the high and long lasting stages in the epidermis [30]. Terbinafine is well-tolerated by most patients and one study reveals that terbinafine or pulse-dose itraconazole reported greater ease and convenience, and higher overall satisfaction [31]. Safety concerns associated with oral treatments include hepatotoxicity, cardiovascular disease, hypogeusia, gastrointestinal disorders, skin rashes, menstrual disorder, visual and taste disturbance, headache and riversible evaluation of liver enzymes [31]. Erick M et al.studied the disease riskfactors and treatment responses in an urban population due to Microsporum spp. (onychomycosis) [32]. Leelavathi M. et al. reported the common microorganisms causing onychomycosis in tropical Climate [33]. Pericher et al. evaluated of onychomycosis among diabetic patients of Yazd diabetic center [34]. R.R. Hafidh1 et al. presented a case report on Cladosporium spp. as a causative agent of white superficial onychomycosis [35]. Lisa M. et al. reviewed the safety and efficacy of tinea pedis and onychomycosis treatment in people with diabetes [36]. There are many othere studies that acknowledge the complexity of treating tinea pedis and onychomycosis in people with diabetes and recommended as safe and effective treatment [37-39]. Marchetti et al. performed the first U.S.based pharmacoeconomic evaluation comparing oral griseofulvin, itraconazole, ketoconazole, and terbinafine using the previously constructed decision-analytic model by the onychomycosis study group [40]. Mahin moghaddami and Mohammad reza shidfar studied the onychomycosis infections in Tehran [41]. Mohammad Ali Boroumand et. studied the level and clinical outcomes of HbAc1in diabetic patients following coronary artery stenting [42]. Peterson et al reported that interpretation of HbAc1 can be achieved as an average of the blood glucose which is present over past 3-4 months [43]. Muhammad S. et al. isolated the causative pathogens and correlated the various clinical patterns of onychomycosis with causative pathogens in Qassim region of Saudi Arabia [44]. Ahmed Medhat M H. et al. reported the epidemiology of cutaneous mycosi s in the Medina region of Saudi Arabia correlated with studying the effect of light-induced gold nanoparticles on the in vitro growth of dermatophytes [45]. Abdulrahman Y. Al-Zoman et al. studied the pattern of skin disease in Riyadh military hospital, Saudi Arabia [46]. A steady increase in the diabetes prevalence found in Saudi Arabia due to the demographic changes such as urbanization and change in the life style [47-48]. Bacchus RA et al. estimated prevalence of diabetes in Saudi Arabia and the author concluded that prevalence of diabetes started to increase at 35 years of age reaching its peak at the 45-54 age groups [49]. Fatani HH. et al. noticed the steady increase of prevalence according to age [50]. Abu-Zeid and Al-Kassab performed a study of the prevalence of diabetes in Southern Arabia [39]. El-Hazmi MA et al. did a survey on prevalence of diabetes mellitus [52] one more survey was done by El-Hazmi and Warsy the prevalence of overweight in the Saudi population. A. Alkhie r A. reported the epidemiology of diabetes mellitus and diabetic foot problems in Saudi Arabia [53]. Epidemiology of dermatophytes in eastern province of Saudi Arabia was studied by hashem al sheikh [54]. Some other studies are also carried out by David Pariser, Richard K. Scher, et al., Phoebe Rich, et al., Boni Elewski, et al., David Pariser, et al., and presented in Seminars in cutaneous medicine and surgery [55-60]. Conclusion: The avalanche of evidences from the available scientific research comprehensively suggests that Onycomycosis is an intercontinental disease burden and poses raising concern for the health-care establishment. It is a comparatively quotidian dermatologic manifestation. It becomes extremely serious especially when it happens in case of patients with varying degree of HbA1c. The review would contribute to the understanding of clinical types and the severity of the toe nail lesions in the Saudi patients with varying level of HbA1c together with prevalence and the chief etiological agents involve in onycomycosis. Scientific research data obtained from the present review would contribute to the early prediction of susceptibility of the patients with high HbA1c to onycomycosis which would lead to a great deal of reduction in economic burden on health care establishment of Saudi Arabia, moreover it would improve the awareness of clinician and social segment as regards severity, heptotoxicity of the current treatment strategy and susceptibility to onycomycosis especially in case of the patients with high level of HbA1c.

Society Must Redefine the Meaning of Family Essay -- Argumentative Per

Society Must Redefine the Meaning of Family Society seems to have many different opinions when it comes to relationships and families and what is ideal. The ideal family may not exist anymore. We now have in our society families that are complete that do not necessarily contain the traditional material. The traditional family, as society would see it; usually consist of a married, mother and father and usually children. Moms are supposed to stay at home while dads work the forty-hour a week job. However, in our 2003 world, families exist in a lot of non-traditional ways. A lot of families now consist of single parent families, or same sex parents and their children, or even couples that are unmarried but live together. And even now, if a family contains what society sees as traditional as far as having a mom, dad, and kids, other aspects are not traditional anymore. Women now have more opportunity in the workplace than they have ever had, therefore, many moms are career moms and dads are sometimes staying at home. Years ago, t hese types of families were given labels for being dysfunctional or abnormal, however, this label is not holding up as well as it did years ago. There are many non-traditional families that are raising children in a loving, nurturing home with a substantial amount of quality love. Quality is the key in any relationship between anyone. Society is finding out that it is not the traditional image that makes a loving family, but the quality of a relationship that people give to each other is what really makes a family. In the essay "The Myth of the "Normal" Family", written by Lousie B. Silverstein and Carl F. Auerbach, they make references to the cultural idea of what a "normal" family should be and what i... ...sex relationships, or adults to children. People of any race, sex, or age that can offer unconditional love, strength, morals, values, and respect to others are more qualified to be called "normal" or having a "family" than any two people that are married, with or without children, that are not offering to others what is needed to become a real, normal, family. Families can be single moms, single dads, same sex parents, or even other relatives. What is important and what makes people have the most rewarding families are the qualities of their relationships. This type of family is the family that will stay together and function happily in our society. Works Cited * Silverstein, Lousie B., and Carl F. Auerbach. "The Myth of the "Normal" Family." * The Aims of Argument. 4th ed Ed.Timothy W. Crusius and Carolyn E. Channell. New York:McGraw Hill,2003, 352-355.

Common law Essay

A Tort is the French word for a â€Å"wrong.† A tort is a civil wrong. A civil wrong involves a breach of a duty owed to someone else, as opposed to criminal wrongdoing which involves a breach of a duty owed to society. Torts are civil wrongs other than breaches of contract and certain equitable wrongs. The law of torts law is a remainder category of civil wrongs once other wrongs are excluded. It covers a grab bag of legal cases comprising such disparate topics as auto accidents, false imprisonment, slander and libel, product liability (such as defectively designed consumer products), and environmental pollution (toxic torts). A person who suffers legal damage may be able to use tort law to receive damages (usually monetary compensation) from someone who is responsible or liable for those injuries. Generally speaking, tort law defines what is a legal injury and what is not. A person may be held liable (responsible to pay) for another’s injury caused by them. Torts can be classified in a number of different ways, one is to distinguish according to degree of fault, so that there are intentional torts, negligent torts, and strict liability torts. In much of the Western world, the measure of tort liability is negligence. If the injured party cannot prove that the person believed to have caused the injury acted with negligence (lack of reasonable care), at the very least, tort law will not compensate (pay) the victim. However, tort law also recognizes intentional (purposeful) torts and strict liability torts, which apply when the person accused of committing the tort satisfied certain standards of intent (meaning) and/or performed certain types of conduct. In tort law, injury is defined broadly. Injury does not just mean a physical injury, such as where Brenda was struck by a ball. Injuries in tort law reflect any invasion of any number of individual interests. This includes interests recognized in other areas of law, such as property rights. Actions for nuisance (annoying or hurting) and trespass (unlawful entering) of land can arise from interfering with rights in real property. Conversion law and trespass to chattels (personal property) can protect interference with movable property. Interests in prospective (possible future) economic advantages from signed agreements can also be injured and become the subject of tort actions. A number of situations caused by parties in a contractual (written agreement) relationship may still be tort rather than contract claims, such as breach of duties. Tort law may also be used to compensate (pay) for injuries to a number of other individual interests that are not recognized in property or contract law. This includes an interest in freedom from emotional distress, privacy interests, and reputation. These are protected by a number of torts such as Intentional infliction of emotional distress, privacy torts, and defamation/slander (destruction of a reputation). Defamation and privacy torts may, for example, allow a celebrity to sue a newspaper for publishing an untrue and harmful statement about him. Other protected interests include freedom of movement, protected by the intentional tort of false imprisonment which is when you are arrested without cause. The equivalent of tort in civil law jurisdictions is delict. The law of torts can be categorised as part of the law of obligations (duties), but unlike voluntarily assumed obligations (such as those of contract, or trust), the duties imposed by the law of torts apply to all those subject to the relevant jurisdiction. To behave in tortious manner is to harm another’s rights, body, property or other rights. One who commits a tortious act is called a tortfeasor. Law of torts consists of some general defense, which can be pleaded in the court of law to get justice. Types of general defenses 1) INEVITABLE ACCIDENTS[1]: The plea of inevitable accident is usually spoken of as a defense but is, strictly speaking, not a defense but only a denial of liability. For instance, in an action for bodily harm, the plaintiff has ordinarily to prove intent or negligence of the defendant; and if he fails to do so, his injury may be said to be an inevitable accident. The burden to prove plea of inevitable accident lies on the defendant and to establish the defense, the respondent will have to establish that accident could not have been avoided by exercise of ordinary care and caution. Ex: Ryland’s v Fletcher 2) MISTAKE[2]: Mistake of law is generally no defense to civil or criminal liability. Mistake of fact is a general defense under the IPC, but not to an action in tort. For instance, an officer who executes a warrant of arrest against the wrong man by mistake is not guilty of a crime, but he will be liable in an action for false imprisonment. Mistake would be an excuse only in those exceptional cases where an unlawful intent or motive is an essential ingredient in liability. Ex: Hollins v Fowler 3) EXERCISE OF COMMON RIGHTS[3]: This, like inevitable accident, is really nota defense but a denial of a breach of duty or violation of rights, as where the defendant builds on his land and shuts f the light of a new house of his neighbour or opens a new shop and ruins an older rival. The defense is necessary on the assumption that their is a general rule of liability for intentional harm. 4) VOLENTI NON FIT INJURIA[4]: It is also known as the defense of consent. Volenti non fit injuria[5] It is a Latin word which means â€Å"to a willing person, no injury is done† or â€Å"no injury is done to a person who consents†) is a common law doctrine which means that if someone willingly places themselves in a position where harm might result, knowing that some degree of harm might result, they cannot then sue if harm actually results. Volenti only applies to the risk which a reasonable person would consider them as having assumed by their actions; thus a boxer consents to being hit, and to the injuries that might be expected from being hit, but does not consent to (for example) his opponent striking him with an iron bar, or punching him outside the usual terms of boxing. Volenti is also known as a â€Å"voluntary assumption of risk.† In Law of Torts, Volenti non-fit injuria is an exception to liability in torts. It means: Where the sufferer is willing and has the knowledge , no injury is done. the precept that denotes that a person who knows and comprehends the peril and voluntarily exposes himself or herself to it, although not negligent in doing so, is regarded as engaging in an assumption of the risk and is precluded from a recovery for an injury ensuing there from. Volenti non fit iniuria (or injuria) (Latin: â€Å"to a willing person, injury is not done†) is a common law doctrine which states that if someone willingly places with proper knowledge themselves in a position where harm might result, they are not able to bring a claim against any damages from the other party in tort. Volenti only applies to the risk which a reasonable person would consider them as having assumed by their actions; thus a boxer consents to being hit, and to the injuries that might be expected from being hit, but does not consent to (for example) his opponent striking him with an iron bar, or punching him outside the usual terms of boxing. Or a person watching a cricket match getting hurt by the ball can be consented. No act is actionable as a tort at the suit of a person who has expressly or impliedly assented to it. In order to plead this defence, it is necessary that the plaintiff should have consented to physical risk or damage as well as to legal risk (i.e. he will get no remedy in law). ESSENTIAL CONDITIONS ââ€" ª Consent must be given freely ââ€" ª Consent must not have been given to an illegal act ââ€" ª Knowledge of risk is not the same thing as consent to run the risk OR 1. A voluntary 2. Agreement 3. Made in full knowledge of the nature and extent of the risk. 1.Voluntary The agreement must be voluntary and freely entered for the defence of Volenti non fit injuria to succeed. If the Claimant is not in a position to exercise free choice, the defence will not succeed. This element is most commonly seen in relation to employment relationships, rescuers and suicide. 2.Agreement The second requirement for the defence of Volenti non fit injuria is agreement. The agreement may be express or implied. An example of an express agreement would be where there exists a contractual term or notice. 3.Knowledge The Claimant must have knowledge of the full nature and extent of the risk that they ran. The test for this is subjective and not objective and in the context of an intoxicated Claimant, the question is whether the Claimant was so intoxicated that he was incapable of appreciating the nature of the risk. Volenti is sometimes described as the plaintiff â€Å"consenting to run a risk.† In this context, volenti can be distinguished from legal consent in that the latter can prevent some torts arising in the first place (for example, consent to a medical procedure prevents the procedure from being a trespass to the person, or consenting to a person visiting your land prevents them from being a trespasser). | | | | Volenti in English[6] In English tort law, volenti is a full defence, i.e. it fully exonerates the defendant who succeeds in proving it. The defence has two main elements: The claimant was fully aware of all the risks involved, including both the nature and the extent of the risk; and The claimant expressly (by his statement) or impliedly (by his actions) consented to waive all claims for damages. His knowledge of the risk is not sufficient: sciens non est. volens (â€Å"knowing is not volunteering†). His consent must be free and voluntary, i.e. not brought about by duress. If the relationship between the claimant and defendant is such that there is doubt as to whether the consent was truly voluntary, such as the relationship between workers and employers, the courts are unlikely to find volenti. It is not easy for a defendant to show both elements and therefore contributory negligence usually constitutes a better defence in many cases. Note however that contributory negligence is a partial defence , i.e. it usually leads to a reduction of payable damages rather than a full exclusion of liability. Also, the person consenting to an act may not always be negligent: a bungee jumper may take the greatest possible care not to be injured, and if he is, the defence available to the organiser of the event will be volenti, not contributory negligence. In the first case (decided before the Occupier’s Liability Act was passed), a girl who had trespassed on the railway was hit by a train. The House of Lords ruled that the fencing around the railway was adequate, and the girl had voluntarily accepted the risk by breaking through it. In the second case, a student who had broken into a closed swimming-pool and injured himself by diving into the shallow end was similarly held responsible for his own injuries. The third case involved a man who dived into a shallow lake, despite the presence of â€Å"No Swimming† signs; the signs were held to be an adequate warning. The defence of volenti is now excluded by statute where a passenger was injured as a result of agreeing to take a lift from a drunk car driver. However, in a well-known case of Morris v Murray [7][volenti was held to apply to a drunk passenger, who accepted a lift from a drunk pilot. The pilot died in the resulting crash and the passenger who was injured, sued his estate. Although he drove the pilot to the airfield (which was closed at the time) and helped him start the engine and tune the radio, he argued that he did not freely and voluntarily consent to the risk involved in flying. The Court of Appeal held that there was consent: the passenger was not so drunk as to fail to realise the risks of taking a lift from a drunk pilot, and his actions leading up to the flight demonstrated that he voluntarily accepted those risks. Rescuers For reasons of policy, the courts are reluctant to criticize the behavior of rescuers. A rescuer would not be considered volens if: He was acting to rescue persons or property endangered by the defendant’s negligence; He was acting under a compelling legal, social or moral duty; and His conduct in all circumstances was reasonable and a natural consequence of the defendant’s negligence. An example of such a case is Haynes v. Harwood[8], in which a policeman was able to recover damages after being injured restraining a bolting horse: he had a legal and moral duty to protect life and property and as such was not held to have been acting as a volunteer or giving willing consent to the action – it was his contractual obligation as an employee and police officer and moral necessity as a human being to do so, and not a wish to volunteer, which caused him to act. By contrast, in Cutler v. United Dairies [9]a man who was injured trying to restrain a horse was held to be v olens because in that case no human life was in immediate danger and he was not under any compelling duty to act. Unsuccessful attempts to rely on volenti: Examples of cases where a reliance on volenti was unsuccessful include: Nettleship v. Weston[10] Baker v T E Hopkins & Son Ltd[11]). In the first case, the plaintiff was an instructor who was injured while teaching the defendant to drive. The defence of volenti failed i.e. because the plaintiff specifically inquired if the defendant’s insurance covered him before agreeing to teach. In the second case, a doctor went in to try to rescue workmen who were caught in a well after having succumbed to noxious fumes. He did so despite being warned of the danger and told to wait until the fire brigade arrived. The doctor and the workmen all died. The court held that it would be â€Å"unseemly† to hold the doctor to have consented to the risk simply because he acted promptly and bravely in an attempt to save lives. Hall v. Brooklands Auto-Racing Club [12] The plaintiff paid to enter a motor-car race track to watch races on a track owned and managed by the defendants. On the evening the plaintiff was spectating, two of the race-cars collided near the barrier between the spectators and the track. The cars collided with the barrier and caused severe injury to the plaintiff and others. The defendants were held liable to pay damages by a jury who found that they had not taken reasonable precautions to protect spectators. On appeal by the defendant, it was held that there was no evidence to find the defendants had not taken reasonable precautions and that there was no obligation to ensure safety in all circumstances, just that reasonable precautions were taken. The defendant’s case was upheld. Wooldridge v Sumner [13] Facts The plaintiff, Mr. Wooldridge, who was a photographer at a horse race, was injured by the horse belonging to the defendant, Sumner, which was ridden in a competition by Sumner’s, who was a skilled and experienced horseman. 1 Judgment The Court of Appeal held that Sumner owed no duty of care to Wooldridge in this case. As a spectator, Wooldridge accepted the risks involved in a horserace he came to watch. As a reasonable participant in the race, which is a fast and competitive sport, the horseman was expected to concentrate on the race and not on the spectator. In the course of a fast moving competition such as this one, he could be expected to make errors of judgment. As long as the damage was not caused recklessly or deliberately, the participant in a race could not be held liable for the spectators’ injuries because he was not negligent, i.e. not in breach of his duty. Dann v. Hamilton [14] The Claimant was injured when she was a willing passenger in the car driven by the Mr. Hamilton. He had been drinking and the car was involved in a serious crash which killed him. In a claim for damages the Defendant raised the defence of volenti non fit injuria in that in accepting the lift knowing of his drunken condition she had voluntarily accepted the risk. Held: The defence was unsuccessful. The claimant was entitled to damages. Asquith J: â€Å"There may be cases in which the drunkenness of the driver at the material time is so extreme and so glaring that to accept a lift from him is like engaging in an intrinsically and obviously dangerous occupation, intermeddling with an unexploded bomb or walking on the edge of an unfenced cliff. It is not necessary to decide whether in such a case the maxim volenti non fit injuria would apply, for in the present case I find as a fact that the driver’s degree of intoxication fell short of this degree†. HAYNES v HARWOOD [15] facts The plaintiff, a police constable, was on duty inside a police station in a street in which, at the material time, were a large number of people, including children. Seeing the defendants’ runaway horses with a van attached coming down the street he rushed out and eventually stopped them, sustaining injuries in consequence, in respect of which he claimed damages. HELD 1) That on the evidence the defendants’ servant was guilty of negligence in leaving the horses unattended in a busy street. 2) that as the defendants must or ought to have contemplated that some one might attempt to stop the horses in an endeavour to prevent injury to life and limb, and as the police were under a general duty to intervene to protect life and property, the act of, and injuries to, the plaintiff were the natural and probable consequences of the defendants’ negligence. 3) That the maxim â€Å"volenti non fit injuria† did not apply to prevent the plaintiff recovering. . 1 Imperial Chemical Industries v Shatwell [16] Volenti non fit injuria, [Latin: no wrong is done to one who consents] The defense that the plaintiff consented to the injury or (more usually) to the risk of being injured. Facts The plaintiff and his brother were were certificated and experienced shotfirers employed by ICI Ltd in a quarry owned by the defendant company. Part of the brothers’ works included wiring up detonators and checking the electrical circuits. There was an old practice where a galvanometer was applied directly to each detonator for testing purposes. This practice was known to be dangerous and was outlawed by statutory regulation. The plaintiff claimed his brother was 50 per cent to blame for the explosion and the employer was vicariously liable. The plaintiff was awarded half of the total amount of damages. The defendant appealed. The Decision The plaintiff and his brother were both experts. They freely and voluntarily assumed the risk involved in using the galvanometer. There was no pressure from any other source. To the contrary, they were specifically warned about complying with the new safety regulations. The defence of volenti non-fit injuria will apply when there is true and free consent to the risk. Note (1) the employers not being themselves in breach of duty, any liability of theirs would be vicarious liability for the fault of J, and to such liability (whether for negligence or for breach of statutory duty) the principle volenti non fit injuria afforded a defence, where, as here, the facts showed that G and J knew and accepted the risk (albeit a remote risk) of testing in a way that contravened their employers’ instructions and the statutory regulations. (2) Each of them, G and J, (the brothers) emerged from their joint enterprise as author of his own injury, and neither should be regarded as having contributed a separate wrongful act injuring the other. The defence of volenti non fit injuria should be available where the employer is not himself in breach of statutory duty and is not vicariously in breach of any statutory duty through neglect of some person of superior rank to the plaintiff and whose commands the plaintiff is bound to obey, or who has some special and different duty of care. Nettleship v Weston [17] is an English Court of Appeal judgment dealing with the breach of duty in negligence claims. In this case the court had considered the question of the standard of care that should be applied to a learner driver, and whether it should be the same as is expected of an experienced driver. | | Facts Mr. Nettleship, the plaintiff, agreed to teach Mrs. Weston, the defendant, to drive in her husband’s car, after he had inquired the insurance policy. During one of the lessons, the defendant lost control of the car and caused an accident in which the plaintiff was injured. The defendant argued that the plaintiff was well aware of her lack of skill and that the court should make allowance for her since she could not be expected to drive like an experienced motorist. 3 Judgment The Court of Appeal, consisting of Lord Denning MR, Salmon LJ and Megaw LJ held that applying a lower standard to the learner driver because the instructor was aware of his inexperience would result in complicated shifting standards. It would imply, for example, that an inexperienced doctor owed his patient a lower standard of care if the patient was aware of his lack of experience. The standard of care for a learner driver would be the usual standard applied to drivers: that of an experienced and skilled driver. The policy consideration that played a role in this decision was that the learner driver was covered by insurance. Over the dissent of Megaw LJ, the Court of Appeal held that the instructor was also responsible for the accident as he was partially in control of the car and should only be able to recover half of his damages due to negligence. Able to recover half of his damages due to contributory negligence. Baker v T E Hopkins & Son Ltd[18] 1 Facts Two employees of the defendant company were overcome by carbon monoxide fumes in a well they were attempting to decontaminate. The plaintiff, a doctor, went in to try to rescue them even though he was warned of the fumes and told that the fire brigade was on the way. All the three men died. 2 Judgment The defendant company argued that the (the estate of) the plaintiff doctor should either not be compensated because the doctor knowingly accepted the risk he was taking or his damages would be reduced for contributory negligence. The Court of Appeal considered that such a suggestion was â€Å"ungracious† and that it was unseemly and irrational to say that a rescuer freely takes on the risks inherent in a rescue attempt. The doctor’s contributory negligence could only be recognized if he showed â€Å"a wholly unreasonable disregard for his own safety†. 3 Significance This case is one of the many in which the courts have refused to hold rescuers who have suffered in their rescue attempts to have negligently contributed to their injuries or accepted the risks involved in their rescue attempt. This applies to both amateur and professional rescuers, such as fire fighters (See Ogwo v. Tailor [19]) INDIAN CASES United India Insurance Co. Ltd. vs Guguloth Khana And Ors.[20] Facts:– On 23-5-1991 a lorry bearing No. AP 26-T-364 belonging to M/s. Amruthesh Transport Company started at Warangal with some load of groundnut oil cake to go to Anakapalle in Visakhapatnam. One Ch. Mallikarjun was engaged as driver of the said lorry. There was a comprehensive insurance policy for the lorry with the United India Insurance Company. When the lorry reached near Thorrur village on the way leading to Khammamm P.W.D. Road, several villagers were waiting on the road, due to lack of transport facility because of the assassination of Sri Rajiv Gandhi on the previous day (22-5-1991). Then, about 25 persons, including some children and women boarded the lorry. The lorry, after travelling about five kilometers from Thorrur village and reached near Mattedu village, the driver of the lorry applied sudden brakes whereby the lorry turned turtle, as a result of which twelve persons died on the spot and three more persons also died after they were taken to hospital. Ten persons sustained injuries. The claimants, either the injured or the legal heirs of the persons who died in the accident, have filed the O.Ps against the owner, driver and insurer of the lorry. Before the Motor Accidents Claims Tribunal, the driver of the lorry who was served with notices in the O.Ps remained ex parte. Before the Tribunal, owner of the lorry filed counter, denying the averments in the O.Ps, contending that the driver of the lorry was not responsible for the accident. It was contended that at the time of the accident, another lorry was coming in the opposite direction at high speed in a rash and negligent manner, and to avert accident, the driver of the lorry applied sudden brakes by taking the lorry to the extreme left side of the road. Due to bad condition of the road, the lorry turned turtle resulting in fatal road accident. He also contended that he has given strict instructions to the lorry drivers not to carry passengers on their lorries. Before the Tribunal, the present appellant-Insurance Company also filed counters admitting that the lorry involved in the accident was insured with it as a goods vehicle, in which passengers are not allowed to travel. It was contended that as per the conditions of insurance policy only six persons are authorized to travel in the lorry and that the persons who travelled in the lorry were unauthorized passengers. It was contended that even if for any reason it is considered that the deceased and injured are non-fare paying passengers, the liability of the Insurance Company is limited to Rs. 15,000/- in case of death and lesser amount for injuries. The Insurance Company disputed the quantum of compensation claimed in the O.Ps. by the respective claimants. Issues raised †¢ Whether the accident took place due to rash and/or negligent driving by respondent No. 1? †¢ To what compensation if any, the petitioners are entitled to and if so, against which of the respondents? †¢ To what relief ? Subsequently, the issues were recast as under: âž ¢ Whether the accident took place due to rash and/or negligent driving of the lorry by its driver Ch. Mallikarjun? âž ¢ Whether there were specific instructions issued to the drivers of the Transport Company that they should not carry passengers enroute and if so, on that ground that owner of the crime vehicle is not liable to pay the compensation in the claim petitions? âž ¢ Whether the third respondent Insurance Company is not liable to cover the risk of the deceased and injured involved in the accident under the terms of the Insurance policy, the copy of which is marked as Ex.B-1 along with the terms and conditions of the policy including Indian Motor Tariff marked as Ex. B-2? âž ¢ Whether the petitioners are entitled for compensation, if so, to what amount and from whom? âž ¢ To what relief? . Decision (a) On consideration of the oral and documentary evidence on record, the Tribunal held that the accident has taken place due to rash and negligent driving of the lorry by its driver. The Tribunal negatived the contention of the owner of the lorry that he is not liable to pay compensation. Basing on these two findings and the medical and documentary evidence available on record, different amounts of compensations were granted to the different claimants in the respective O.Ps, who are arrayed as respondents in the appeals. (b) Aggrieved by the same, the present appeals are filed by the Insurance Company. (c) The first contention advanced by the Counsel for the appellant-Insurance Company is that the injured/deceased who travelled in the lorry are unauthorized passengers in a goods vehicle and the insurance policy issued is for the goods vehicle and there is no reason to fasten the liability on the Insurance Company; it is a violation of policy conditions and there is no need to fix the liability against the present appellant-Insurance Company. (d) The second contention advanced by the Counsel for the appellant-Insurance Company is that the owner of the lorry got examined R.W. 1, Manager in the Transport Company, who stated that he was informed by the driver of the lorry that the injured/ deceased unauthorisedly entered the lorry, and the maxim/doctrine â€Å"volenti non fit injuria† applied to this case as they voluntarily entered into the lorry at their own risk and there is no reason to fasten liability on the Insurance Company. (e) In these cases, so far as the first contention of the Counsel for appellant that the claimants/respondents are travelling as a gratuitous passengers in a goods vehicle and not entitled for compensation and the Insurance Company is not liable to pay any such compensation, is concerned, it is contrary to the principle laid down by the Supreme Court in New India Assurance Company v. Shri Satpal Singh and Ors[21]. . In that case, the Supreme Court considering clause (ii) of proviso to Sub-section (1) of Section 95 of the Motor Vehicles Act, 1939 (Old Act) and Section 147 of the Motor Vehicles Act, 1988 (new Act), and noticing the absence of a similar clause in the new Act, held†Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦under the new Act an insurance policy covering third party risk is not required to exclude gratuitous passengers in a vehicle, no matter that the vehicle is of any type or class†. In view of the above ruling of the Supreme Court, there is no merit in the first contention of the appellant, that the injured/legal heirs of the deceased in these cases are not entitled to any compensation on the ground that they are gratuitous passengers, is without substance and the same is hereby rejected. . [i](f) Learned Counsel for the appellant-Insurance Company relied on the decision in V. Gangamma v. New India Assurance Co. wherein a learned Single Judge of this Court held that the Insurance Company is not liable to pay compensation to the dependants of the deceased persons who are travelling in the vehicle at the time of accident as trespassers and not as passengers. The facts of that case are entirely different from that of the facts in these appeals. In the case cited, the claimants were treated as passengers on the basis of evidence of R. W. 1 (the driver of the lorry therein), who categorically stated that the claimants-therein have forcibly entered into the lorry asking him to take them to particular place and threatened to beat him if he does not do so. In the present cases, there is no evidence to show that the claimants/deceased entered into the lorry forcibly with any threat to the driver of the lorry. So, the decision in Gangamma’s case (3 supra) is not applicable to the case on hand. The appeals was dismissed. BIBLIOGRAPHY †¢ Rmaswamy Ayers LAW OF TORTS 10th edn.(by A Lakshminath &M Ssridhar) †¢ Winfield and jodowiez, TORT WVH Jogers,7th edn. †¢ 1990] 3 All ER 801 ( Court of Appeal), †¢ [1935] 1 KB †¢ [1933] 2 KB 297 †¢ [1971] 3 All ER 581 (Court of Appeal †¢ [1959] 3 All ER 225 (Court of Appeal †¢ (1933) 1 KB 205 †¢ [1963] 2 QB 23 †¢ 1959] 3 All ER 225 (Court of Appeal †¢ [1988] AC 431). †¢ II (2001) ACC 392, 2001 (2) ALT 185 [1999] RD-SC 411 ———————– [1] Rmaswamy ayers LAW OF TORTS 10th edn.p.939(by A Lakshminath &M Ssridhar) [2] Rmaswamy ayers LAW OF TORTS 10th edn.p.940(by A Lakshminath &M Ssridhar) [3] Rmaswamy ayers LAW OF TORTS 10th edn.p.940(by A Lakshminath &M Ssridhar) [4] Rmaswamy ayers LAW OF TORTS 10th edn.p.940(by A Lakshminath &M Ssridhar) [5] Winfield and jodowiez,TORT WVH Jogers,7th edn.P.1057 [6] Winfield and jodowiez,TORT WVH Jogers,7th edn.P.1058 [7]1990] 3 All ER 801 ( Court of Appeal), [8] [1935] 1 KB 146 [9] [1933] 2 KB 297 [10] [1971] 3 All ER 581 (Court of Appeal [11] [1959] 3 All ER 225 (Court of Appeal [12] (1933) 1 KB 205 [13] [1963] 2 QB 23 [14] [1939] 1 KB 50 [15] [1935] 1 KB 146 [16] [1964] All ER 999 [17] [1971] 2 QB 691 [18] 1959] 3 All ER 225 (Court of Appeal [19] [1988] AC 431). [20] II (2001) ACC 392, 2001 (2) ALT 185 5 [21] [1999] RD-SC 411 ———————– ———————– |LAW OF TORTS |August 29 | | |2013 | |THIS RESEARCH PAPER BRINGS OUT THE APPLICATION OF VOLENTI NON FIT INJURIA, AS A | VOLENTI NON FIT INJURIA &CASES | |DEFENCE IN TORT LAW. | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |

The Necklace The Downfall Of Mathilde Loisel Essays

The Necklace: The Downfall of Mathilde Loisel Jealousy and envy are among the greatest of sins and have been the down fall of many. Maupassants quot;The Necklacequot; is the story of a woman who is overcome with jealousy and envy. Mathilde Loisel feels she has been cheated by life from all of the wonderful things it has to offer. The reader learns how these qualities in Mme. Loisel come back to haunt her for many years as the story unfolds with an ironic ending. Mathilde Loisel, as the main character of the story, is truly believable. She is described as quot;one of those pretty and charming girls who are sometimes, born into a family of clerksquot;(900). The author describes how she suffers from her lifestyle of being†¦show more content†¦She felt that she deserved these things. The plot grows completely out of the personalities of the characters. As the story opens, Mme. Loisels husband comes home with an invitation to a ball at the palace. 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