The duty of care.

Negligence is the most important tort in modern law. It concerns breach of a legal duty to take care, with the result that damage is caused to the claimant. Just a few examples of the type of case which might be brought in negligence are people injured in a car accident who sue the driver,businesses which lose money because an accountant fails to advise them properly, or patients who sue doctors when medical treatment goes wrong.Torts other than negligence are normally identified by the particular interest of the claimant that they protect. For example, nuisance protects against interference with the claimant’s use

and enjoyment of land, while defamation protects against damage to reputation. By contrast,negligence protects against three different types of harm :

personal injury;

damage to property;

economic loss.

In practice, the rules of the tort may differ according to which type of harm has been suffered, but

all of them are protected by negligence.

The tort of negligence has three main elements:

the defendant must owe the claimant a duty of care;

the defendant must breach that duty of care;

that failure must cause damage to the claimant.

Negligence is essentially concerned with compensating people who have suffered damage as a result of the carelessness of others, but the law does not provide a remedy for everyone who suffers in this way. One of the main ways in which access to compensation is restricted is through the doctrine of the duty of care. Essentially, this is a legal concept which dictates the circumstances in which one party will be liable to another in negligence: if the law says you do not have a duty of care towards the person (or organisation) you have caused damage to, you will not be liable to that party in negligence, no matter how serious the damage.

It is interesting to note that in the vast majority of ordinary tort cases which pass through the court system, it will usually be clear that the defendant does owe the claimant a duty of care, and what the courts will be looking at is whether the claimant can prove that the defendant breached that duty – for example, in most of the road accident cases that courts hear every year, it is already established that road users owe a duty to other road users, and the issues for the court will generally revolve around what the defendant actually did and what damage was caused. Yet flick through the pages of this or any other law book, and you soon see that duty of care occupies an amount of space which seems disproportionate to its importance in real-life tort cases. This is because when it comes to the kinds of cases which reach the higher courts and therefore the pages of law books, duty of care arises frequently, and that in turn is because of its power to affect the whole shape of negligence law. Every time a potential new duty of care is accepted (or ruled out), that has implications for the numbers of tort cases being brought in the future, the types of situations it can play a part in, and therefore the role which the tort system plays in society.

As a result, the law in this field has caused the courts considerable problems as they have often found themselves torn between doing justice in an individual case, and preventing a vast increase in the number of future cases. We can analyse the development of the law on duties of care in three main stages: the original neighbor principle as established in Donoghue v Stevenson(1932); a two-stage test set down in Anns v Merton London Borough (1978), which greatly widened the potential for liability in negligence; and a retreat from this widening following the case of Murphy v Brent-wood District Council (1990). Although much of the following section describes historical development, it is worth taking time to get to know the background, as this will help you make sense of the reasoning in many later cases.

GOOD COMMUNICATOR

A good communicator is one who cans takes himself/herself to the level of the person or group whom he/she is addressing. To me communication is about exchange of ideas and information in the simplest manner so that it can be easily sends and then easily decoded by the receiver. Also, a feedback by the receiver will make it more effective. A good communicator must have five communication skills (reading, writing. speaking, and listening, non-verbal communication)

As a good communicator DR. Muhammad Yunus is one of them.

As a speaker:

                   As a speaker Dr. yunus voice is much strong.his speech is to change the world from poverty. We can say him as an artist of speaking.  Because by his idea and speech now rural poor people are interested to be self confident. His speech make a great affect every single person to be self dependent.

As a writer:

                   As a writer Dr. yunus is one of the best communicator. On ‘Micro-credit’ system and “social entrepreneur” he wrote so many books. This is so much famous to businessperson. In “Micro-credit’- micro loans to the poor and serves as a catalyst for improving social- economic conditions.

As a reader:

                    As a reader DR. yunus is one of the best communicator in this world. As an honorable person he has to read so many books, papers etc. in seminars, awards ceremony he gave all kind of information about economics. It is not possible without reading.

As a leader:

                   Listening is the most powerful form of communication. Dr. yunus is an excellent listener. He can accept any question. He knows that communication is not a kind of entertainment but hard work for the audience and oneself.

As a non verbal communicator:

                                                Just reading, writing, listing, speaking is not mentions a proper communicator. Non verbal communication is an important part for a good communicator. Dr. yunus is perfect person with his non verbal communication. By his non verbal communication he can express what his view point. And everything is just adjusted with him.

From the discussion we can say that Dr. yunus is  a good communicator. He will remain as a symbol of dedication, simplicity and greatness for the generations to come of our country and of the world.

The Judiciary of Bangladesh

The Judiciary of Bangladesh consists of a Supreme Court, subordinate courts and tribunals. ===The Supreme Court=== The Supreme Court of Bangladesh comprises the Appellate Division and the High Court Division. It is the apex Court of the country and other Courts and Tribunals are subordinate to it.

The Appellate Division

The Appellate Division shall have Jurisdiction to hear and determine appeals from judgments, decrees, orders or sentences of the High Court Division. It has rule making power for regulating the practice and procedure of each division and of any Court subordinate to it. Chancery Research and Consultants Trust (CRC-Trust) maintains a website Chancery Law Chronicles-First ever Online Database of Bangladesh Laws where it has already included 4500 judgements of the Appellate Division and High Court Division of the Supreme Court of Bangladesh from 1972 to till date.

The High Court Division

The High Court Division, though a Division of the Supreme Court, is for all practical purposes, an independent court with its powers, functions and jurisdictions well defined and determined under the Constitution and different laws. It has both appellate as well as original jurisdiction. It hears appeals from orders, decrees and judgments of subordinate courts and tribunals. It has original jurisdiction to hear Writ Applications under article 102 of the Constitution, which is known as extra ordinary constitutional jurisdiction. It has further original jurisdiction, inter alia, in respect of company and admiralty matters under statutes. The High Court Division, in special circumstances, has also powers and jurisdiction to hear and dispose of cases as the court of first instance under article 101 of the Constitution. The High Court Division shall have Superintendence and control over all Courts and tribunals subordinate to it.

The Subordinate Courts and Tribunals

There are a wide variety of subordinate courts and tribunals. Such courts and tribunals are created by some relevant statutes. All their powers, functions and jurisdictions are well determined by the respective statutes. These are the basic courts in the system of the judiciary of Bangladesh. The major bulk of the cases, both civil and criminal, are tried and heard in such courts and tribunals. Certain tribunals are termed as administrative tribunals, Nari-o-Shishu Nirjato Daman Tribunals, Special Tribunals etc. Such courts and tribunals spread all over the country at district levels. The subordinate courts in Bangladesh can be divided in two broad classes, namely, civil courts and criminal courts.

Civil Courts

The civil courts are created under the Civil Courts Act of 1887. The Act provides for five tiers of civil courts in a district, which bottom-up are:

• Court of Assistant Judge,≤
• Court of Senior Assistant Judge,≤
• Court of Joint District Judge,≤
• Court of Additional District Judge and ≤
• Court of District Judge.

The first three are courts of first instances with powers, functions and jurisdictions in respect of subject matter, territory and pecuniary value determined by or under statutes.
The rest two are generally courts of appeal in civil matters. now the civil suits are rapidly disclose in the court:

Criminal Courts

• Courts of Sessions
• Courts of Metropolitan Sessions
• Special courts/tribunals (Criminal)
• Courts of Metropolitan Magistrate
• Courts of Magistrate

Legal profession

The academic systems of the country allow two separate systems of qualifying legal degrees in Bangladesh which are college-oriented two year LL.B. degrees and the University-based four-year LL.B. (Hons.) degrees which require more extensive academic commitment and the places at the universities remain competitive. Recently there has been a rise in the trend of obtaining foreign academic LL.B. degrees (especially from the UK).

External links

• http://www.clcbd.org/index.php
• http://www.minlaw.gov.bd/supremecourt.htm
• http://www.worldlawyerinfo.com/

By

Tawfique Imam Khan Anik

(anikkhanbd@gmail.com)

+8801942821249

The Nature & Beauty

 The fear of death follows
from the fear of life.
A man who lives fully is
prepared to die at any time.

Desire is the starting point of all achievement,
not a hope, not a wish,
but a keen pulsating desire,
which transcends everything.

If your problem is
as big as a ship,
never forget that Allah's blessings are
as wide as an ocean."

Twenty years from now you will be
more disappointed by the things that you
didn't do than by the ones you did do.
So throw off the bowlines.
Sail away from the safe harbour.
Catch the trade winds in your sails.
Explore. Dream. Discover.

There is No Royal Road to Success,
But after Success Every Road Becomes Royal,

Best wishes for those who believe in Struggle!

 People become really quite remarkable
when they start thinking that they can do things.
When they believe in themselves
they have the first secret of success.

What we can or cannot do,
what we consider possible or impossible,
is rarely a function of our true capability.
It is more likely a function of our
beliefs about who we are.

 Good relationships are like trees
They demand attention & care in the beginning
but once they blossoms
they provide U shade in all situations of life

The secret of health for both mind and body
is not to mourn for the past,
not to worry about the future,
nor to anticipate troubles,
but to live in the present
moment wisely and earnestly.

For true success ask
yourself these four questions:
Why?
Why not?
Why not me?
Why not now?
(James Allen

Change is a nature of life
But challenge is a aim of life
So you have to challenge the changes
But not 2 change the challenges.

Every human has four endowments
self-awareness,
conscience,
independent will
and
creative imagination.
These give us the ultimate human freedom...
The power to choose, to respond, to change.

 Death is not the biggest fear we have;
our biggest fear is taking the risk to be alive --
the risk to be alive and express what we really are.

 "Every successfull person has a painfull story"

"Every painfull story has a successfull ending"

Accept the pain
&
get ready to success.

Unexpected results & Problems r part of life.
Never loose HOPE in any condition,
bcoz darkness of night always finish with light of day.
Remember!
Human can live about 20days without food,
about 3days without water,
about 5 mints without air
but
not for 1secnd without HOPE.
BE HOPEFULL ALWAYS.

 A good plan of today

is better than a great plan of tomorrow.

Look backward with satisfaction
& look forward with confidence.

"Life is like a novel and every day is a new page.
so if a page is sad next will b happy..
so don't worry turn the page and enjoy the life..

Give thousand chances to your enemy
To become your friend.
But never give a single chance to your Friend
To become your enemy.

 The most determinative sentence
which should alwayz be followed in life-
THE RACE IS NOT OVER B'COZ I HAVE NOT WON YET....!

 Anything is more important

when you can not get it.

When you can get it
this is less important for you.

This is nature of every human.

 A Good Heart And A Good Nature

Are Two Different Issues,

A Good Heart Can Win Many Relationships,
But A Good Nature
Can Win An Sustain Life Long Relationship

Nothing in the nature lives for itself

Rivers don't drink their own water

Trees don't eat their own fruit

Sun doesn't give heat for itself

Moon doesn't ever go on honeymoon

Flowers don't spread fragrance for themselves

Moral:
Living for Others is the Rule of Nature.

What is equity?

If asked ‘what is equity?’ the addressee will likely respond that: equity is to do what is fair; it means to do justice; it is to do what is right. The list could continue. If the question is posed after the year 1875—which was the year when the rules of equity became fully developed—the addressee could easily say, as Maitland once said, that ‘it is that body of rules which is administered only by those courts which are known as Courts of Equity’(Maitland Equity (Cambridge: Cambridge University Press, 1947) at 1). But it would be incorrect to defi ne equity as such today because there are no courts that can now be called courts of equity.

Furthermore, one may also defi ne equity in the years post 1875 as ‘that body of rules administered by the English courts of Justice which, were it not for the operation of the Judicature Act, would be administered only by those courts known as Courts of Equity’(Maitland at 1). As with the previous defi nition, this latest one is poor because, despite acknowledging that equity forms a part of the substantive English law, it
describes this part and distinguishes it from other aspects of the law by reference to courts that are no longer in existence.

We may even add another drawback to such a handicapped defi nition of equity as just given. In stating that equitable rules, or the rules of equity, are administered by English courts of justice after 1875, we raise certain ambiguities as to what part of equity is now administered with common law. As will be seen later, while the Judicature Acts undoubtedly brought equity and common law together within one judicial system, the question remains as to what the exact effects of these Acts are. Did the Acts ‘fuse’ the rules of equity and common laws—which undoubtedly used to be administered separately by different courts before 1875—or did they simply ‘unify’ or ‘amalgamate’ the previous different administrations of equity and common law and entrust this upon the shoulder of a single court?


Equity is the means by which a system of law balances out the need for certainty in rule making on the one hand, with the need for suffi cient judicial discretion to achieve fairness in individual factual circumstances on the other.


Equity is a body of principles, doctrines, and rules developed originally by the old Court of Chancery in constructive competition with the rules, doctrines, and principles of Common Law Courts but now applied, since the Judicature Acts, 1873–5, by the unifi ed Supreme Court of England and Wales.

The salient features of British Constitution(1999).

Introduction :  “The English Constitution has made a great circuit of the globe and has become a common possession of civilized man”. (G. B Adams)
A Constitution means certain principles on which the Government of the State is organized and which determines the relations between the people and the Government the Constitution of U.K is unique in nature and has provided inspiration for a number of other constitutions in the world.



Salient Features of U.K Constitution :  Following are the salient features of the U.K Constitution.



I. Unwritten:
The British Constitution is unwritten in nature but it does not imply that all of its parts are unwritten. It means that it has not been reduced to writing in a single document. Some of the components are found in written from. Such as the Reform Act, 1832, the Parliament Act of 1911 etc.


II. Evolution Growth:
British Constitution is a result of an evolutionary growth. Constitution efforts as well as needs of time shaped its spontaneous growth.


III. Flexible Constitution:
British Constitution is a flexible Constitution and parliament can amend it like alterations in the statutory laws by a simple majority.


IV. Unitary:
British has unitary constitution. All powers of the state are concentrated in the hands of a single government for the whole country. There are no units or states in British.


V. Bicameralism:
The Parliament consists of two chambers House of Lords and House of Commons. The Houseof commons is a popular chamber whose member directly elected by the people while the house of lords is basically a hereditary chamber and its member are nominated by the Queen.


VI. Supremacy Of The Parliament:
In U.K, Parliament has complete Supremacy or sovereignty. No law enacted by the parliament can be challenged in the court on the plea that is against the constitution.
According To De Loeme:
“British Parliament can do everything except to make a man into a woman”.


VII. Constitution Monarchy:
From Constitution point of view, the crown is the repository of the entire Government of authority in British.


VIII. Contrast In Theory And Practice:
There is sharp contrast between theory and practice in U.K. As ogg points out that “theoretically, British Government is absolute monarch, its government from signifies constitution monarchy while in practice, the Government structure is closer to republican from.


IX. Collective Responsibility:
Ministers must stand together and they cannot oppose the government policy every minister is also individually responsible to the House of Commons and the crown.


X. Limited Separation Of Power:
In British, there is limited Separation of power. There is concentration of political powers in the parliament while the cabinet which exercise executive power is just a committee of the parliament. Nevertheless many safeguards have been provided especially under Act of Settlement of 1701 to secure the independence of judiciary from under influence on the part of other two branches on the Government.


XI. Independence Of Judiciary:
Necessary safeguards have been provided against all sorts of interference in judicial process. Judges are paid liberal salaries and ensured security security of service.


XII. Rule Of Law:
U.K Constitution provides rule of law. The principle of rule of law may be defined as that none of the person in above or below the law. All the persons are equal in the eyes of law. F any person violates the law, he should face the trial of the case in the Government and no person is given imprisonment until his offence is proved in the court.


XIII. Fundamental Rights:
Fundamental rights of the citizens have not been incorporated in the from of a list in the English Constitution. Constitution law is not the creator but a product of fundamental rights, which have been recognized from time to time by the Courts.


XIV.Conventions.
Conventions play a vital role in the British political system. A government is formed and removed on the basis of convention. As Prof. Smith says that the conventions are main living source behind the Constitution.


XV. Two Party System:
Two party system is flourished in British right from the beginning of the parliamentary period. Before the emergence of the present labour party in the second decay of the present century, the fight was between the conservatives and the Liberal party, but now the liberal party has lost its political significance.


XVI: Universal Adult Sufferage:
Every individual of the age of 18 has the right to vote.


XVII. Mixed Constitution:
The British Constitution is a mixture of the monarchical, aristocratic and democratic principal.


XVIII. Conservativeness :
The British Constitution is a symbol of Conservativeness. The trend of the people of U.K is absolutely n favour of old institutions and this concept is existence of conservatism.


XIX. Establishment Of Local Government Institutions:
The existence of local Government in U.K. Constitution is another comprehensive feature of the Constitution. Local Government institution are symbols of the civil liberties and freedom of the people.


XX. Unreality:
Another characteristic of the English Constitution is its unreality. It has righty been pointed out that nothing in it is what seems or seems what it.

Conclusion:
To conclude, I can say, that U.K. Constitution in neither absolutely unwritten nor absolutely written. It is a combination of both and has made a circuit for the globe and has become the common possession of civilized man.

The legal sources of the British constitution

It follows from this that, in the absence of a formal constitution, the legal sources of the
British constitution are the same as the sources of law generally:

• European Union law
The law of the European Union is incorporated into English law by virtue of the
European Communities Act 1972, which came into force on 1 January 1973. In order
to enable European Union law to apply uniformly across the Union, it prevails over the
law of individual member states.

• Acts of Parliament
For matters not affected by the European Union, Acts of Parliament have the highest
status in the United Kingdom.

• Equity
The principles of equity were originally designed to correct defi ciencies in the common
law, and developed into a system of its own.

• Common law
This is the law developed by the judges in cases coming before the courts.