Government Surveillance of Internet Activity Essay

Government Surveillance of Internet Activity 1. Background Back to late 1980s in China, some young people in college or research institute had a chance to surf the Internet through a fairly low speed, roughly routed World Wide Web connection. But a big surprise for them was that the Internet was a real freeway, a freeway escaping from strict government control, a freeway for people who wanted to see but couldn’t see and who wanted to say but couldn’t say. Stepping into the 21st century after more than a decade, the Internet service in China has already been almost the latest generation in the world. However, a new surprise for those â€Å"old† surfers and new comers is that the traffic on the Internet freeway is jammed or totally†¦show more content†¦There are true stories covering a wide span of time and continents, from the secret police in East Germany last century [2], to the intelligence gathering activities in some campuses today controlled by CIA [3]. As a solid example, wiretapping is conducted in nearly every country in the world and is frequently abused. The US Department of State, in its annual Country Reports on Human Rights Practices for 1994, reports widespread, illegal or uncontrolled use of wiretaps by both government and private groups in over 70 countries [4]. Government surveillances are generally targeted to human rights groups, reporters and political opponents. In some countries, the state owned t elecommunications companies were active participants in helping the security services of their government to monitor human rights advocates. In other countries, multiple forms of surveillance are used. For instance, hidden microphones were found in the offices of the Mexican Human Rights Commission in 1991 [5]. 1.2 Communication through the Internet is no longer a freeway as what people might imagine. Internet has the capability to gathering and distributing information in a huge volume and at a tremendously faster speed. People who use Internet to access and communicate the information may think it a covert way that hard to be tracked. However, most types of electronic communication can be intercepted, including the Internet. The effect of technology developments largelyShow MoreRelatedThe Implications Of Internet Surveillance On Today s Society1444 Words   |  6 PagesENG 203 21 September 2015 The Implications of Internet Surveillance on Today’s Society Bruce Schneier’s CNN article, â€Å"The Internet is a Surveillance State,† published on cnn.com on March 16, 2013 makes the case that there are times in which we do need the Internet to be a surveillance state. Schneier constructs a convincing case that by using the Internet, our privacy is given up without a fight. There are many implications that Internet surveillance has on our society, be it positive or negativeRead MoreSurveillance : The Act Of Surveillance1526 Words   |  7 Pages The act of Surveillance refers to continuous monitoring of activities of a particular area or a person. Mass Surveillance refers to monitoring activities of a sample population or target group. The video monitoring at malls or stores and the installed CCTV at traffic signals is also an act of mass surveillance. However, such surveillance has become important part of business operation or road safety management due to video recorded proof in case of any crime. We stand at an age whe re nothingRead MoreSurveillance And The National Security Agency1729 Words   |  7 Pages There are all different types of surveillance now-a-days. The thought of it has come a long way and it has evolved significantly. There are many pros and cons as to surveillance in today’s world. Also, there are many different ways that technology allows people to get surveillance on many different things such as people, where they go, who they talk to, private information, and so much more. Surveillance and security in the United States has also changed significantly since September 11th, 2001Read MoreGovernment Surveillance : A Controversial Issue On Terrorism853 Words   |  4 Pagesevents of September 11th, government surveillance has skyrocketed to some of the most advanced programs seen today; the government has the ability to intercept almost anybody’s internet activities, personal messages, and phone calls. 9/11 brought about the implementation of the Patriot Act, new N SA programs, and a new found â€Å"war on terrorism.† This has become a controversial issue on whether these programs violate Americans’ civil rights. Future government surveillance can be predicted to only becomeRead MoreThe Dark Web : The Deep Web Essay1696 Words   |  7 Pagesanonymous internet browsing session by using proxies and other methods. The dark web allows information and data to be gathered and utilized without the user having knowledge as to where the data had come from. Using a proxy makes the user s IP address constantly change so that they cannot be tracked easily. The main argument involving the dark web is if the government should attempt to regulate and monitor the dark web in the effort to reduce the amount of illegal transactions and activities that occurRead MoreIn Today’S World, We Have A Huge Database That We All Refer1093 Words   |  5 PagesIn today’s world, we have a huge database that we all refer to as the internet. So m any things can be found on the internet such as how to walk your dog or how to fix your broken TV. There are several networks on the internet that many teenagers use to communicate with each other or to simply talk about their day. These networks are known as social media networks, like Twitter, Facebook, Instagram, etc. On many of these social media networks, there are many issues involving the privacy of their usersRead MoreRyan Khaghani. Mr. Schaefer . Honors English 10B, Period857 Words   |  4 PagesVersus Privacy The Internet was first used in the nineteen sixties by a small group of technology professionals. Since then the internet has become an essential part of today’s world, from communicating through texts and emails to banking, studying, and shopping, the internet has touched every aspect of our lives. With the growing use of the internet, protecting important information has become a must. While some believe they have the right to privacy, and feel that the government should not be atRead MoreBan And Monitoring Of Internet Browsing And Surfing1169 Words   |  5 Pages Assignment on Ban and monitoring of internet browsing and surfing By XxX Dated Ban and monitoring of internet browsing and surfing There is a continuous monitoring over the Internet in the United States. This is the potential and propositional controversy over the privacy rights. This law is stated as the invasion of privacy, and it can be observed that this regulation is placed upon us for the context of limitation and a ban on certain websites. This is truly an example of a nanny stateRead MorePersuasive Essay On Government Surveillance1074 Words   |  5 Pages Government surveillance is Getting watched by the government can be safe and can be quiet helpful in some cases such as, when a crime is committed by a criminal they can use cameras to record what happened and they can use that against the criminal. Home Surveillance: Major companies such as Amazon, Google, and Apple are using smart home devices such as Google Home, Amazon echo, to capture and collect everything that you are saying in your household. Trevor Timm the chief editor for (The Guardian)Read MoreInternet Monitoring : Control Laws1339 Words   |  6 Pages University of the Incarnate Word Internet Monitoring: Control Laws in United States Zaid Alsubaie Internet Monitoring and Control Laws of United States There is a continuous monitoring over the Internet in the United States. This is the potential and propositional controversy over the privacy rights. The laws such as Communications Decency Act (CDA) and ‘Protecting Cyberspace as a National Asset Act’ is pertaining to the monitoring of internet is stated as an invasion of privacy, and

Army to College Essay - 1127 Words

From Army to College As the bus entered the heavily guarded military instillation, I gazed upon the sign that read, Be All that You Can Be. When the bus stopped, several angry Drill Instructors boarded and began introducing us to a very colorful vocabulary, usually reserved for drunken Sailors. They instructed us to gather our belongings, get off the bus and assemble in a circular formation. As I searched for the strength to get up, I found myself moving, while several Drill Instructors yelled at us for our clumsy attempt to dismount the bus and fall into formation. I wondered if I had made the right choice. However, I have come to realize that my military experiences have tremendously enhanced my self-worth. From those first eight†¦show more content†¦The experience provided me with invaluable skills that will prove critical in the legal profession. For example, I was required to analyze intricate electronics circuitry, find problems and then fix them appropriately. I also had to interact with co-workers, supervisors, and engineers while I was trying to solve these difficult technical problems. As a result, I learned the importance of articulating my thoughts in a coherent and logical fashion while under duress. Being forced to independently solve complicated problems in a short period of time strengthened my discipline and tenacity, qualities that will be essential at Harvard. Moreover, the military also gave me the opportunity to travel abroad. Living in countries such as Korea, Spain, and Germany and immersing myself in their cultures has given me perspective on the differences between the United States and other countries. Each place I have lived has been unique in some way, from the different languages to the variations in cultural practices. Dealing with individuals with different backgrounds has helped me develop a good rapport with people. From my travels, I also learned that there can be more than one solution to a problem. Indeed, having a variety of perspectives makes it easier to come up with approaches to different problems. My travel experience has strengthened my interpersonal skills, as well as my integrity and determination. Perhaps most importantly, my militaryShow MoreRelatedThe Army War College1702 Words   |  7 PagesIntroduction In the Winter 1995-96 issue of Parameters, the US Army War College Quarterly, Major General (MG) Richard A. Chilcoat, the 43rd Commandant of the Army War College, published an article describing a new period of development in the college’s illustrious history. He named this era the â€Å"Fourth† Army War College (USAWC) that would best prepare strategic leaders for the early 21st century by largely using the power of the microprocessor and other Information Age technologies. 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Why hadn’t anyone really engaged them in battle, well outside of the gangs and civilian formed militias. Where the hell was the 28th ID heading? What were the Special Forces up to? Who were they reporting to? He had so many unanswered questionsRead MoreOutline Of An Resume On Failure Of A Senior Us Army Officer And Graduate Of Georgia Military College866 Words   |  4 PagesMitchell R. Low Professor Allison Herman ENGL 110-04 9 October 2014 To Fail is to Succeed Chloe, a former US Army officer and graduate of the Georgia Military College, reminisced with me when she was going through officer training. She informed me of a general census that is perpetuated within the army; women don’t belong in the military. Chloe’s instructors would specifically target her and other female cadets. 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The benefits I received made it well worth the occasional sacrifice. Some of the benefits are full time employment, money for college, free health care, Learning new skills, and the pride of knowing you are serving your country. While in the Army I earned decent money, 30Read MoreElements Of Thought In The Army Problem Solving Process722 Words   |  3 Pagesassist Army officers conducting the Army Problem Solving Process? Argue why or why not. The approach described by Drs. Paul Elder assist Army Officers in solving problems using the Army Problem Solving Process described in FM 6-0, Commander and Staff Organization and Operational (2014). The experts approach, the elements of thought, its described using the following elements: purpose, questions, point of views, information, conclusion, concepts, implications, and assumptions. 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Asahi Glass Free Essays

TABLE OF CONTENTS Executive Summary3 Recognizing Opportunities4 Company Structure 5 Issues Facing Asahi Glass5 Questions to Answer6 Conclusion6 Recommendations6 Executive Summary Asahi Glass Company was founded in the early 1900’s to relieve Japan’s dependence on foreign imports. It was the first successful endeavor into the flat glass industry. The company was able to continue to succeed through mergers, acquisitions, and organic growth. We will write a custom essay sample on Asahi Glass or any similar topic only for you Order Now The company’s core businesses are: 1. Glass and related products, 2. Chemical products, 3. Ceramics and refractory products, 4. Electronic products, and 5. All other miscellaneous products The synergies that were created by combining management’s expertise with the company’s knowledge, resources, and technologies have contributed to the success of Asahi Glass Company throughout the years. The organizational structure of Asahi Glass’ domestic productions are effective for their business’. There is a top down management system, with each division having its own managers and balance sheet. However, globalization efforts have been depleting company resources in past years. Management has yet to be able to perfect their foreign operating organization. The company is unable to establish mutual trusting relationship with several overseas joint ventures. ? Asahi Glass Company was founded in 1907, by Toshiya Iwasaki, a nephew of one of the founders of the Mitsubishi business group. Iwasaki wanted to ease Japan’s dependence on imports, by establishing a flat glass industry. It took three years after production started in 1909 to make a profit, but the endeavor was well worth it; Asahi Glass Company established themselves as the dominate player in the market and has remained that way ever since. Throughout Asahi Glass’ existence, their decisions and objectives have been focused on growth. They achieve this by exploring new technologies and growing organically, as well as acquiring companies, and merging with others. Their management style is also a key factor to their success. Recognizing Opportunities During the First World War, Asahi Glass was having trouble importing the soda ash they needed for manufacturing, so they started producing it themselves. This led the company into the exploitation of the raw-materials scope economies. They soon developed technological expertise in ceramics and alkali chemicals, which became two of the three core business â€Å"pillars. † After World War II, management made a sensible strategic decision to license a new float glass process from the Pilkington Brothers in order to maintain their market position. In the 1960s, Asahi Glass took advantage of growing TV and auto industries, and moved into them, becoming a domestic leader in both industries. Soon after, they progressed into producing construction materials. When the chemical industry took off in Japan, Asahi Glass merged in with their alkalis, halogen, and other petrochemical additives. They were market leaders in every industry they infiltrated. Asahi Glass created new, unique markets and took the lead in many specialty markets. In the 1970s, the current president, Takeo Sakabe, took the initiative to introduce a fourth â€Å"pillar† to the company’s core businesses: electronics. He chose electronics because management had some expertise in it and the industry had room for growth. Asahi Glass began penetrating the global market in 1956, when they built a plant in India. Then, the company entered into joint ventures in Thailand and Indonesia in 1964 and 1972 respectively. Not long after establishing their presence in those markets for glass, Asahi Glass’ chemical business followed into the areas. Once the company began to expand, they accelerated their efforts through the 1990s. Company Structure Asahi Glass had â€Å"a matrix style organization structure. † Each of the six general divisions and the five individual divisions had their own managers and kept their own balance sheet. Asahi Glass had an International General Division, which communicated with domestic product divisions, and monitored the subsidiaries and affiliates who were abroad, as well as help formulate business plans. The company tried to localize their oversea activities, and let them manage day-to-day operations and only held executive meetings about once every four months. Issues Facing Asahi Glass In 1993, Asahi Glass’s domestic glass business was declining due to the Japanese economy. The answer for the company was to continue globalization efforts. However, the company’s quick response and accelerated efforts caused the company to lose focus of their traditional international practices. The company’s domestic operational structure was not the same as their international operating structure. Because many of the international were joint ventures, and still relatively fresh, the two companies still lacked trust and coordination. Asahi Glass was still realizing that moving into foreign markets took more integration and stronger efforts than operating domestically. Questions to Answer In 1993, president Seya was faced with a decision for the electronics department. He was analyzing a report of long term strategy for the business, and the position of its major products. The report offered proposals ranging from intense divesting, to rigorous investing. Mr. Seya needed to decide if investing the capital needed to ascertain a dominant position in the electronics business was worth the risk. His decision would be the foundation of the business’ strategic direction and he felt that direction should be aligned with Asahi Glass’ other divisions, and their overall objectives for the years to come. Conclusion Asahi Glass Company has always been an aggressive, dominant company. They exhort their knowledge, expertise, and technology in order to gain a leading position in whatever industry or market they endeavor. In the latest years, it seems that the company is trying to spread themselves too thin by globalizing. Until Asahi Glass finds a better way to organize and operate their foreign affairs, they should focus on domestic mergers, acquisitions, and internal growth. Recommendations I believe that Asahi Glass has had an excellent history of creating successful synergies that have propelled the company to success. From its beginnings in the early 1900s, the company’s management has recognized opportunities to expand their core businesses and grow organically. As their core businesses expanded, so did the company’s knowledge, experience, and technology. As these assets have interacted over the years, they have combined to make synergies that allowed the company to expand into new markets, products, and industries. Asahi Glass has an excellent foundation in the way of management as well as financial prosperity. I recommend that Asahi Glass invest in the establishment of the electronic business as a dominant position. Looking at the electronics business’ history shows that the division is among the top three in relative market position already, despite that they have a low share in the market (exhibit 10). They are also already well established, having joint ventures with at least five companies, three of which are in the top six market positions (exhibit 10). The electronic division contributed 5. 6% to sales in 1992; compared to ceramics contribution of 2. 4% (exhibit 6). How to cite Asahi Glass, Papers

Electrix Pty Ltd Australian Consumer Law

Questions: Question 1 Mary buys an expensive food mixer for $4000 from Electrix Pty Ltd. The mixer worked perfectly well as a domestic appliance, but proved to be useless in the new Coffee and Cake outlet that the customer has recently opened. The customer argues that she paid a lot of money for the mixer and therefore it should be suitable for domestic and commercial use. The manager of Electrix says that his particular mixer is imported from Switzerland and that the customer pays for the name and superior quality and that the customer didnt specify that she wanted a commercial mixer. Advise Mary if she has an action against Electrix under the ACL. Question 2 Jakes Meats advertises, by way of a letterbox drop, that it has rump steak available for one week selling for only $2 per kilogram. The shop is filled with eager customers. Jake tells them that to purchase the rump steak at that price they need to buy at least 15 kilograms. Some customers are angry about this. Advise Jake Meats if it has breached the ACL. Hypothetical Question Lauren is the sole owner of 10 health beauty salons in Brisbane. Demand for health and beauty services has increased dramatically in the last few years and so profits have also increased significantly. As the business has surplus funds Lauren has decided to invest some of the profits. The following Monday Lauren visits Aaron, a financial planner and investment advisor at his office at Rags to Riches Investments Pty. Ltd (RRI) and discusses possible investment opportunities. Aaron has over 20 years of experience in the investment advice industry and has a very good professional reputation in Australia and China. Aaron receives a salary of $280,000 per year, plus superannuation and commissions. Aaron tells Lauren about a new casino in Perth named Marco Polo Casino Ltd. (MPC), which has just been listed on the Australian stock exchange. MPC has been offering special Stay and Play packages to the South East Asian gambling market. The Stay and Play packages have proved enormously popular. Aaron is so impressed with MPCs marketing success he tells Lauren that MPC is a great investment opportunity and that she should get in quick before the share price increases. Aaron even tells Lauren that he is about to sell some of his other shares to get in on the MPC boom. Aaron provides Lauren with a written prospectus of MPC, which sets out its future plans and profit expectations. As MPC is a new company Lauren asks Aaron whether she should perhaps diversify her investment over some more traditional and established shares. Aaron advises Lauren that more established company shares will be less likely to appreciate as quickly and that MPCs share price has already increased 30% since the original offering and that he expects the share price to double shortly after the launch of the Stay and Play package in China. Lauren follows Aarons investment advice and purchases $1,000,000 in MPC shares. Lauren purchases the shares through Aaron and RRI and does not seek any other financial advice. Unfortunately a few days later the media begins reporting news of the Asian Financial Meltdown crisis. As a result of the Asian Financial Meltdown crisis the Stay and Play package sales cease and the prospective sales in China do not eventuate. The MPC share price falls dramatically. A short time later MPC is declared insolvent and is subsequently wound up. Lauren has now lost all the money she invested in MPC. a. Advise Lauren whether she is entitled to claim damages from Aaron for her investment losses in an action in negligent misstatement, including any relevant defences. Answer: 1. The action undertaken by Mary against Electrix under the Australian Consumer Law is not tenable. A person is to be considered as a consumer under this act where he acquires goods or services of value less than $40,000 or acquires such goods or services to be used for personal, household or domestic use or acquires a commercial road transport vehicle for the transportation of goods on roads. In the given case if Mary intends to use the mixer for commercial use then she would not be considered as a consumer under the Australian Consumer Law. The conduct of Electrix Pty Ltd cannot be also considered as misleading or deceptive in any form as the expensive price of the mixer is not conclusive of the fact that it is used in both domestic and commercial use. Hence the action against the company Electrix Pty Ltd is not valid as per the provisions of the law just because of the reason that the appliance was expensive and was not usable for commercial purpose. (Desiatnik, 2013) 2. The Australian Consumer Law contains consumer protection provisions which does cover the following mentioned areas: (1) Section 18 - Misleading or deceptive conduct (2) Sections 20 22 - Unconscionable conduct (3) Section 29 - False Representation of specified goods and services A person should restrict from engaging in conduct of trade and commerce that turns out to be misleading or deceptive or that has possible likelihood to mislead or deceive. Often silence is considered as a misleading or deceptive conduct where due to the silence there is a failure on part of the person to be not be able to disclose or provide incomplete information. This is because of the reason that the Australian Consumer Act defines the conduct of doing something or the not doing of something. The very act of making false or misleading statement is not allowed as per the relevant provisions of the law. A person must not trade in regard to those goods and services which gives false representation regarding the standard, grade, quality, style, model or composition of the history or prior use of that particular good or service. (Steinwall Griggs, 2013) Hypothetical Question Issues: 1 Does Aaron owe Lauren a duty of care The issue is regarding Lauren a successful entrepreneur of health and beauty salons in Brisbane. Lauren has substantial profits from her business venture which she wishes to invest and has been looking for investment options. Lauren hence decides to take aid of an investment advisor and financial planner. Lauren finally took financial advice from Aaron regarding investment options and opportunities Application Damages suffered due to negligent advice had no remedial law other than those instances where the relationship was based on contract. A tort is defined as an act of omission or wrongful doing which generally gives rise to civil action in the court of law against the party who has been charged of committing a wrongful act. The tort of negligent misstatement has been defined as an incorrect statement made not intentionally. It is an advice made with honestly but somewhere carelessly by a party who is in possession of special skill or knowledge to the other party that does not possess such specific skill or knowledge. As per the law of Torts it is concerned with the compensation of the victim rather than focusing on punishing the wrongdoer. Issue 2: Has Aaron breached his duty of care to Lauren? Aaron is expertise in the financial advising industry since last 20 years. He possesses a good reputation in Australia and China in this particular professional field. Aaron advice Lauren to invest in Marco Polo Casino Ltd which is a newly listed company in the Australian Stock Exchange. Stay and Play packages introduced by the company have been widely popular and share prices have high probability to be appreciated in near future.. Application The convicted party must at the first place owe a legal duty of care to the other party in order to be held responsible and liable for the act of negligence. Duty of care is defined as a primary form of duty to undertake reasonable care during the performance of an act. Once it was ascertained that a duty of care existed between the parties, then there is a need to address the standard care which was being breached by the wrongdoer through observing the conduct towards the plaintiff. A reasonably appropriate standard of care can be defined which would be followed by a reasonable, ordinary and prudent person would tend to follow. Issue-3 Did P suffer harm as a result of Ds breach of duty? Aaron also provides the written prospectus of the company which outlines the future ventures and profit expectations. Lauren consulted regarding investing in other established blue chip companies with Aaron, but he advised to invest in MCP which made a 30% hike from its original issue price and has high probability to increase soon Application The Duty of caregenerally refers to the given circumstances and relationshipswhich the related law is responsible to recognize it in order to give rise to a legal duty of care. A failure on the part of the defendant can result in bearing the liability of damage payment to the plaintiff who suffered injury or loss on account of the breach ofduty of care. Therefore it is absolutely necessary for the plaintiff to establish the very fact that defendant owed them aduty of care.The existence of aduty of carebasically dependsonthe nature and type of lossand various other legal tests applied to different losses. Issue-4 Can the Defendant rely on any defenses? Lauren invested $1,000,000 in MCP without seeking any other financial advice. Unfortunately the Asian Financial Meltdown crisis occurred and share price of MCP fell drastically and the company finally became insolvent and Lauren lost all her money due to the debacle in the Asian Financial Meltdown. Now the issue is whether Lauren is entitled to claim damages from Aaron for the investment losses on account of negligent misstatement. Application The onus of proof therefore lies with the plaintiff to present that he owes a duty of care by the defendant. In order to prove that the plaintiff need to take into consideration the three state test. These three would aid in proving that the duty of care existed between the defendant and the plaintiff which are FORESEEABILITY TEST determine the question lies that whether it is reasonable to ascertain the foreseeable harm due to the wrongful act or omission of the alleged wrongdoer. PROXIMITY TEST determine was there any existence of physical, factual or circumstantial relationship between the parties. VULNERABILITY TEST determine whether it is possible in the given circumstance is it possible that the plaintiff was vulnerable to any form of harm due to the defendants conduct or subsequent course of action. In order to make a claim for damages due to negligent misstatement the basic elements of negligence requires to be proved which must be in existence during the tortuous act including the link of special relationship. The special relationship The meaning of the term special relationship has not been explained fully in Hedley byre and therefore it has become an area of judicial policy. It has been further suggested that that any professional or business has the potentiality to be in a special relationship. The related case law is Howard Marine and Dredging Co. LTD V Orden and sons ltd. It is not always possible in social relationships unless there exist circumstances to prove that advice was being genuinely sought. The related case law Chaudhry v Prabhaker 1988 Various cases does involve surveyors or valuers. The relationship between surveyors and purchasers of houses are not of contractual nature but it is might be of special nature. The related case law is of Yianni v Edwin Evans and sons 1982 The complex issue is regarding to whom the accountants owe a duty of care It has definitely influenced how the existence of such duty has been determined; Originally it was held to be no duty as any form of duty would be contractual. Related case law is Candler v crane Christmas and co 1951 Since in the case law of Hedley bynre the existence of the duty of care has been established. Related case law is JEB fasteners v marks bloom and co 1983 Bidders during take-over deals or lenders or investors cannot rely on the annual audited accounts as by the accountants. Therefore there is no duty for the accountants. Related case law is of Caparo v Dickman 1990. Issue-5 What damages can P claim?. Application It was so held in the case of Derry v Peek, there can be no remedial action against negligent statements other than an instance of fraud. In recent times there have been few amendments and it has been established with the help of certain case laws as mentioned below Hedley Byrne Co Ltd. v Heller Partners Ltd. the court upheld in this particular case that there exists a duty of care which is implied by law where there is a special relationship between the parties. The Special relationship indicates that there should be existing proximate relationship between the advisor and the client. Special relationship is determined of the following criteria Whether the plaintiff was relying on the skill and judgement of the respondent Reasonable for the plaintiff as per the existing circumstances to rely on the respondent Respondent must be aware of such reliance. It has to be an instance where the party acquiring the advice or information was on the basis of trust that a reasonable degree of care has been undertaken by the other person and the circumstance was favorable for him to do that. It also takes into account that the other person must be aware of the fact that the inquirer was relying on him regarding the advisory matters. Mutual Life Co Citizens Assurance Co. Ltd. v Evatt Shaddock Associates Pty Ltd. v Paramatta City Counci Conclusion In the case of Donoghue vs Stevenson, the House of Lords confirmed the negligence as a tort. As per the law of tort, a plaintiff is liable to take civil action against the respondent where due to the negligence of the respondent, plaintiff ahs to suffer injury or loss. Earlier there was the provision where the plaintiff had to initially prove the existence of contractual arrangement for a negligence to be proven. The case law established that the manufacturers have to bear the duty of care towards their consumers or end users of the product. The case law of Donoghue vs Stevenson produced the controversial neighbourhood principle. The test of neighbourhood is required to determine the law of duty of care which can be further broken downinto two distinct requirements: the reasonable foresight of damage or harm the proximity relationship To establish duty of care with respect to reasonable foresight, the related case laws are Topp v London Country Bus[1993] Home Office v Dorset Yacht Co Ltd[1970] To establish duty of care with respect to proximity, the related case law - Bourhill v Young[1943] Before the case law ofDonoghue v Stevenson,a claimant is required to establish a prior existing duty relationship in order to be successful.The neighborhood test taken in a wider sense can be quite broad allowing occurrence of liability in a wide range of situations. However the range is narrowed when it comes to the situation where the consumer is suing a manufacturer. The Duty of caregenerally refers to the given circumstances and relationshipswhich the related law is responsible to recognize it in order to give rise to a legal duty of care. A failure on the part of the defendant can result in bearing the liability of damage payment to the plaintiff who suffered injury or loss on account of the breach ofduty of care. Therefore it is absolutely necessary for the plaintiff to establish the very fact that defendant owed them aduty of care.The existence of aduty of carebasically dependsonthe nature and type of lossand various other legal tests applied to different losses. The convicted party must at the first place owe a legal duty of care to the other party in order to be held responsible and liable for the act of negligence. Duty of care is defined as a primary form of duty to undertake reasonable care during the performance of an act. In the given case Lauren consulted regarding investing in other established blue chip companies with Aaron, but he advised to invest in MCP which made a 30% hike from its original issue price and has high probability to increase soon. Lauren invested $1,000,000 in MCP without seeking any other financial advice. Unfortunately the Asian Financial Meltdown crisis occurred and share price of MCP fell drastically and the company finally became insolvent and Lauren lost all her money. As per section 22 of the Civil Liability Act, a professional is not considered to be guilty of professional does not breach a duty of care if the professional has acted in a way widely accepted by others in the profession provided the practice is not prohibited by law or irrational in any terms. As per the law of tort, a plaintiff is liable to take civil action against the respondent where due to the negligence of the respondent, plaintiff ahs to suffer injury or loss. It was so held in the case of Derry v Pe ek, there can be no remedial action against negligent statements other than an instance of fraud. In recent times there have been few amendments and it has been established with the help of certain case laws Hedley Byrne Co Ltd. v Heller Partners Ltd. being one such case law. The onus of proof therefore lies with the plaintiff to present that he owes a duty of care by the defendant. In order to prove that the plaintiff needs to take into consideration the three state test: foreseeability test, proximity test and vulnerability test. Proximity test is also to be seen and judged to determine negligent misstatement. Hence in the given case of Lauren and Aaron, it cannot be said that there existed a vivid special relationship between them and taking into account the three state tests of foresee ability, proximity and vulnerability to apply the Civil Liability Act. (Steinwall Griggs, 2013) Bibliography Desiatnik, R. (2013). Australian Journal of Competition and Consumer Law: Online. legal,tax and accounting australia , 1-1. Steinwall, R., Griggs, L. (2013). Competition and Consumer Law Journal. lexis nexis , 1-1.