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Building a great Resto-Mod takes a mix of style, performance and creativity. Finding the balance between being a showpiece and drivability is essential, and this 1962 Chevrolet Biscayne custom is a perfect example. Arriving as a decent custom build, the team at the Barrett-Jackson Garage was turned loose to unleash the full potential of this Chevy. When it rolled into the shop, the car had already had an LS3 V8, disc brakes and air-ride suspension. The outside had been custom-painted all one color and the interior featured a custom-made metal dash painted to match. To improve the drivability, a 4L60E automatic transmission was swapped in to match up with the existing 6.2 LS3 engine, backed up by a Dana 60 rear axle with a limited-slip differential. For driving comfort, air conditioning was added with a kit from Vintage Air, four-wheel disc BAER brakes and electric power steering. To complete the interior, a set of custom door panels with armrests was made, as well as a new center console storage compartment that houses the air ride and ignition switches. Controls for the new air conditioning system were added to the console, along with a cup holder and air conditioning vent openings molded into the dash. A hidden stereo was added, and the trunk was fully upholstered to match everything, capping off the interior. For the exterior, the monotone paint was accented a matte gray metallic sprayed on the roof and pillars, as well as the taillight panel to match the grille. The rest of the paint was wet-sanded and polished to knock down any imperfections and let it shine like it was meant to. Finally, to make the engine bay one of a kind, a custom handmade set of inner fender wells with radiator cover was fabricated in house, showcasing a seamless custom engine bay with the LS3 being the focal point, all painted in the same matte gray metallic. To cap everything off, a set of custom valve covers was added, painted to match and bearing the "Biscayne" script across. After countless hours of fine tuning and attention to detail, this custom Chevy is turnkey and ready for anything from the Power Tour to Goodguys – and everything in between.
While Jeep, International and Ford had been making small off-road-oriented multi-purpose vehicles, it was GM who supersized them to the half-ton pickup platform. Essentially a K10 pickup with a very short integral box as part of the interior, the K5 Blazer pioneered the pickup-based SUV. While retaining the stock pickup doors, the standard top was made out of fiberglass and could be unbolted. The Blazer was also available without a top, with a vinyl soft-top or with the popular hardtop. All had a tailgate/lift gate configuration in the back, and model range/powertrain availability mirrored the half-ton pickups. The Blazer proved successful enough that when GM redesigned their trucks for 1973, the Blazer was part of the program. For the second-generation Chevrolet Blazer, the top was abbreviated, just covering the rear section aft of the cab. It was copied by Chrysler with the Dodge Ramcharger and Plymouth Trail Duster in 1974, and by Ford with the second-generation of the popular Bronco in 1978. Showing just over 100 miles since an exhaustive frame-off restoration, this custom 4x4 1973 Chevrolet Blazer leaves nothing undone. Paint and bodywork (taken down to the metal) were carefully and meticulously completed with all new moldings, exhaust and new suspension undercarriage parts, including a 4" Rough Country lift. Now running perfectly, the 350ci 4-bolt main engine was sent out to the machine shop for a complete rebuild, including new seals and rings – all backed by an equally rebuilt automatic transmission. The interior features new Dakota Digital gauges and a nicely appointed, period-correct colored interior and carpet. The air conditioning blows cold for a nice comfortable cabin, and the top comes off easily for a sporty convertible feel if desired.
DODGE VIPER RT/10 ROADSTER
The Dodge Viper, with its powerful engine, minimalist straightforward design, muscular and aggressive styling and high performance, debuted as a concept in January 1989, with the first customers getting delivery of their cars in early 1992. From the start, the car was a raw beast, powered by a massive V10 engine heavily modified by Lamborghini, which at the time was owned by Chrysler. Still as aggressive as ever, the Viper soldiers on today as an unabashed example of how supercars are built in America. This car, remarkably, has traveled only 5,603 miles since leaving the factory. It was originally delivered at Cerritos Dodge in California, where it remained in the same hands for about 14 years, consistently passing inspections and emissions. Two subsequent owners in Nevada also kept it neat and tidy, storing it indoors and never letting it see inclimate weather. Original stickers and factory markings in the fender wells are still apparent. Finished in the eponymous Viper Red, this extremely well-preserved Viper stands out as would it just have rolled off the assembly line. The iconic three-spoke alloy wheels are in remarkable condition, and the black soft-top with side curtains are still intact and stored in their original case. Included in the sale are the doors and windows (in the cases), car cover, owner's manual folio and a complete 3" binder for all technical service. The Window Sticker and $20,000 dealer addendum from Cerritos Dodge are laminated and in perfect condition. This ultra-low mileage example is ready for show and motoring. The factory Tremec 6-speed transmission allows great control over the massive 8.0-liter V10 engine, and the all-aluminum suspension adds precise handling. These early Vipers, with their raw power and simple nature, are starting to show their potential as collectibles. Lacking the complexity of most supercars, the first-generation Viper offers raw and pure driving experience at a tremendous value.
PONTIAC FIREBIRD TRANS AM CONVERTIBLE
In 1999 Pontiac Motor Division celebrated the 30th anniversary of the longest-running production muscle car ever built: the Firebird Trans Am. The 30th Anniversary T/A paid homage to the original 1969 version with its dramatic blue-on-white color scheme and muscular bodywork, but that wasn't all: The 1999 version offered an optional Ram Air performance and handling package with Corvette's 5.7-liter V8, giving it jaw-dropping performance in the day. With functional air scoops, 5-spoke 17" high-polished aluminum wheels, low-restriction dual exhaust, specific tuned suspension and a power steering cooler, it was one of the best-performing muscle cars money could buy. With a clean, one-owner CARFAX, this example was purchased new at Peoria Pontiac in Arizona, and lived all of its life in the Grand Canyon State, accumulating just 39,125 miles on the odometer. Included in the sale is the original Window Sticker, dealer addendum (showing a $3,000 limited-edition markup), owner's manual and even a "new" 20-year old hat from the dealer, making it a special car indeed. With a total of only 1,500 30th Anniversary cars produced, just 535 examples were convertibles, and only 175 of these were fitted with the 6-speed manual transmission like this example, making it the one to own for a rare, investment-grade Trans Am.
CHEVROLET 210 CUSTOM CONVERTIBLE
One of the nation's premiere custom builders, The Roadster Shop is known for quality craftsmanship and producing countless award-winning cars. They completed a $300,000+ restoration and customization of this 1957 Chevrolet 210 convertible in 2010 with an open checkbook and amazing attention to detail at every turn. Featuring the Roadster Shop chassis with a brand-new body built by Experi-Metal, the car is equipped with RideTech coilover shocks, Hyperco coilover springs and Heidts drop spindles to make it handle and perform like a modern-day sports car. Powered by a GM Performance ZZ 572ci fuel-injected engine producing 620hp using a Billet Specialties Tru-Trac serpentine system, it's backed by a modified high-performance Tremec TK600 5-speed manual transmission. THe cover car on Super Chevy magazine's May 2010 edition, multiple stores have been written about the "Righteous Ragtop" online. It's known not just for the impressive power and handling attributes, but the tasteful convenience options like power top, windows and steering, as well as Wilwood disc brakes with 13" rotors up front and 11" in the rear, Vintage Air Gen II super air conditioning and heating, power wipers, remote control activated door and trunk, tilt steering column, push-button start and an impressive sound system. If you're looking for the ultimate drop-top with power, performance, styling and comforts and a turnkey build using only the best parts, look no further than this 1957 Chevrolet 210 Custom. (Titled as a 1957 Chevrolet Special Construction)
CHEVROLET CAMARO CUSTOM REPRODUCTION CONVERTIBLE
As one of the most popular cars from the muscle car era, the 1969 Camaro has long been a favorite of hot-rodders and custom car builders. With their huge popularity, the aftermarket world offers no shortage of support, with original and custom parts to build anything one can imagine. From engines to suspension and interior parts to taillights, almost every single piece of a 1969 Camaro can be bought brand-new, including the body. Produced by Dynacorn, a brand-new 1969 Camaro coupe or convertible body, licensed by GM, can be ordered to build the ultimate street car without cutting up an original one. This is particular Camaro utilizes one of the reproduction bodies and was built as a Pro-Touring-inspired 396 RS/SS Camaro. It's finished in a factory shade of Cortez Silver with black striping combined with an original deluxe-style interior complete with houndstooth inserts. The interior also features factory console with gauges, power windows with tinted glass, power top and high-output stereo with subwoofer. Built as a driver, the Camaro packs a 4-bolt main 427 big block with fuel injection under the hood, backed by a 4-speed Muncie M21 manual transmission. It's equipped with 12-bolt rear end fitted with 3:73 ratio and Hotchkis suspension components. Bringing it to a stop is a set of 4-wheel SSBC disc brakes with 17" factory billet replica wheels wrapped in BFG rubber. *Titled as Special Construction*
FORD SHELBY GT350R
The Ford Shelby GT350 musters up memories of ready-built race cars and road-racing glory. Nostalgia is sweet, but the pony-car performance war – now five decades old – is vicious and shows no signs of abating. Ford's response was the raucous Shelby GT350R – the screaming track-tuned naturally aspirated flat-plane-crank V8 (code-named Voodoo) that revs to 8,200 rpm and channels its 526 horses through a gratifying 6-speed manual gearbox. The GT350R is optimized for extra performance, with more aggressive chassis tuning. The vehicle has a redesigned front splitter as well as a huge carbon-fiber rear wing, which help improve and enhance the balance between down-force and lift. Notice the 19-inch carbon-fiber wheels wrapped in Michelin Pilot Sport Cup 2 tires, as well as its red brake calipers, which come in handy when bringing the monster to a halt. Inside are Recaro-wrapped racing seats with striking red contrast stitching. The 920A equipment group (the wheels, wheel locks and rear carbon-fiber spoiler), painted black roof (just 27 built had this option), vehicle cover and electronics package (dual-zone electric temperature control) round out the optional equipment. Built the week of June 14, 2018, and one of only 107 wearing the one-year-only color of Lead Foot Gray, this R-model shows just a touch over 400 miles on the odometer and is very much still "in the wrapper." Everything the first owner would receive upon delivery is still there: The actual certificate of origin, all documents from its arrival in Arizona off the rail, original Window Sticker and folder of corresponding paperwork. The plastic covering the driver's seat was essentially all that was removed – and even it was kept! With such low mileage and having not been out on the track, the car is about as "new" as you could ask. Ultimately, it's a rare and complete showstopper, making no compromise for your day-to-day life on the track or on the road.
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FORD GALAXIE 500 LIGHTWEIGHT
Ford adopted "Total Performance" as its corporate mantra back as early as 1961, and dove into Indy, NASCAR and drag racing with full force. The company, with ambitious racing plans for 1963 that involved making the Galaxie even more competitive than it already was, announced a limited-production "special lightweight performance vehicle" to be offered to drag racers nationwide. Just 200 were built, all based on the production Galaxie with a more aerodynamic semi-fastback roofline, and all dressed in Corinthian White with red interiors. At the heart of the new Galaxie was Ford's legendary 427ci V8 engine, equipped with an aluminum low-riser manifold sporting factory cast-iron high-performance headers and two Holley 4-barrel carburetors, and factory-rated at 425hp. Because of the engine's immense 480 ft/lbs of torque, an aluminum safety bellhousing was installed in front of a Ford Toploader close-ratio 4-speed manual transmission. Bringing the car to a halt were Police Interceptor brakes. But the Blue Oval knew that, to be more competitive, the car had to lose a lot of weight. To accomplish this, fiberglass was used for the hood, front fenders, decklid and inner fender liners. Aluminum front and rear bumpers and brackets, as well as a lightweight frame, were put into play. Many factory-standard items, inside and out, were jettisoned. The result was a vehicle some 425 pounds lighter than a fully equipped Ford Galaxie 500 XL hardtop. This example, with just over 400 miles on the odometer, is currently owned by the nephew of Ford Drag Racing legend Les Ritchey. Discovered in an Arizona collection of old drag cars, the current owner authenticated the Galaxie and then took it with him to California, where it was meticulously restored. Since its restoration, the car has been shown at a number of events in Southern California. It is unquestionably a rare example of Ford drag racing history.
FORD FAIRLANE THUNDERBOLT
This early Thunderbolt is one of the documented 100 produced and one of the few remaining examples of Ford's all-out assault on drag racing in the 1960s. Ford delivered the Thunderbolt Fairlane 500s as K-code, high-performance 289ci, 4-speed cars. They arrived less the engine and transmission. By ordering the K-code engine, the car was shipped with larger brakes and the legendary Ford 9-inch differential. The chassis was reinforced and modified to accommodate a 427ci "high-riser" FE engine with two 4-barrel carburetors, the original steel hood and front quarter-panels were replaced with fiberglass, and a special "teardrop" hood was installed. Weight-saving measures included the elimination of many items; what remained inside the car was a single driver's sun visor, windshield wiper and seat belt, as well as lightweight Bostrum Thinline racing seats. The Thunderbolts were also delivered with drag racing slicks as standard equipment. This particular example was delivered to Max Larson Ford in Coldwater, Michigan, on December 26, 1963, and resold on April 21, 1964, to Jack Mefford Ford in Springfield, Ohio, where it was campaigned throughout the Ohio Valley. Originally produced with an automatic transmission, this car was quickly converted to a Ford Toploader 4-speed manual. This common Thunderbolt conversion created a very competitive car in the Super Stock (S/S) classification. The current owner, whose late uncle was Ford drag racing legend Les Ritchey, purchased the car in 2015 from a collector's estate; it had been stored in an Arizona warehouse for an estimated 30 years and the odometer indicated less than 400 miles. The vehicle then underwent a meticulous yearlong nut-and-bolt concours restoration to bring it back to "as campaigned" in the 1960s. After its restoration, the car was displayed at some major Concours d'Elegance events throughout California in 2017, garnering several Best in Class and First in Class awards, as well as the Historical Vehicle Association's National Automotive Heritage Award at the Carmel-By-The-Sea Concours. This historically significant car comes with a Letter of Authentication from the Thunderbolt Owners Association, as well as a Ford dealer memorandum dated February 21, 1964.
FORD MUSTANG COBRA SVT
The Ford Mustang Cobra is the quintessential muscle car. It stands out as one of the best-looking vehicles on the road. The Cobra has always represented the next step from joyriding to the thrill of the race as you whip around corners with tight handling at blazing speeds. With different lines of Cobras over the years, it's easy to think that the Mustang Cobra has always been with us. However, there were years when this king of the road skipped a new model or retired early to address concerns with overall Mustang production. As the Cobra has always been the pinnacle of performance, the SVT legacy with more powerful engines, handling upgrades and design cues, blossomed again for a fourth generation beginning in 1994. Production numbers show only 760 1995 Ford Mustang SVT Cobra two-door coupes were ordered like this one, in black clear coat with a black leather interior. This example is one of the lowest-mileage Cobras in existence, showing just 105 actual miles on the odometer and literally still "in the wrapper." This collectible and desirable high-performance Mustang Cobra has existed almost 25 years without the removal of all plastic protecting the interior from the dealer. Never dealer-prepped, it represents a stunning and remarkable time capsule, with all documents and property meticulously preserved just like the day it was delivered. The original MSRP, still on the passenger window, shows this Cobra came with the Preferred Equipment Package (speed control, rear window defroster, air conditioning and floor mats), keyless remote, upgraded Mach 460 AM/FM stereo cassette, compact disc player and leather surface sport bucket seats. A framed copy of dealer invoice and Window Sticker, manuals, books, copy of original purchase contract and title, and two binders summarizing all the provenance from new will all be given to the next owner.
FORD MUSTANG MACH 1
For the final year of the fourth-generation Fox Body Mustangs (1994-2004), Ford Motor Company had the performance ramping up and humming nicely. With only 7,182 produced, the Mustang Mach 1 was a special model that featured the 4.6-liter, 32-valve, DOHC V8 305hp engine based on the successful Cobra, Magnum 500-style wheels and suspension similar to the setup on the Bullitt. The engine breathes through a functional Ram Air Shaker hood scoop and modified upper intake. Other go-fast hardware includes specially calibrated cams, high-flow cylinder heads, a forged crank and performance exhaust manifolds, along with a 5-speed manual transmission. Suspension changes are a half-inch drop in ride height (as compared to a GT), new front and rear coil springs, revalved Tokico struts and shocks, Mach-specific anti-roll bars, and frame rail connectors to enhance rigidity. Showing an astonishingly low 3,225 actual miles on the odometer, this completely original Mach 1 is one of the nicest and lowest-mileage examples available in the market today, and has been kept in a climate-controlled garage since new. Beautifully presented in Competition Orange Clear Coat with a black interior, it has a clean CARFAX report. In summary, this is a unique opportunity to obtain a visually striking, low-mileage, collector-grade, fourth-generation Mustang that defines the term "time capsule."
PLYMOUTH 'CUDA
In the glory days of Trans Am racing, great drivers like Sam Posey and Mark Donohue waged war on the racetracks of America in some of the best cars ever built. Ford's Boss 302 and Chevrolet's Camaro did regular battles that made for some of the sport's greatest moments. Not to be left out was Plymouth, which not only fielded a great car in the form of the 'Cuda, but also won its fair share of races, too. In 1970 Plymouth released an all-new 'Cuda. Abandoning its small-car roots, the new E-body platform unveiled a car as exciting as anything else on wheels. With the potent 440ci optional engine under the hood, it upped the ante to create what has arguably become one of the ultimate muscle cars. Timeless styling, powerful engine, limited numbers, racing pedigree and street credibility that lasts to this day (so much so that even many non-car people recognize the name) have all combined to make the 'Cuda a blue-chip investment. This example was originally built at the Los Angeles, CA, assembly plant and retains its matching-numbers 440ci, 375hp engine. Sporting its factory-optioned air conditioning with front heater, it was rotisserie-restored and finished in the original Dark Burnt Orange Metallic color. During restoration, an engine rebuild, automatic transmission removal, inspection and resealing was completed. All chassis items were removed for restoration, and the undercarriage was stripped and repainted. It has new fuel and brake lines, headliner, new body and glass rubber seals. The interior has the high-back seats, console and dash – all in pristine condition. Upgrades include power brakes and three-speed wiper system. A binder showing photos of the restoration is included with the sale.
SHELBY COBRA CSX 8000 ROADSTER
Debuting at the 1962 New York auto show with a bare aluminum finish completed by hand with steel wool, the first Shelby Cobra captured the full attention of both the public and the motoring press. Terrorizing racetracks around the globe, the Cobra became one of the most iconic American muscle cars in history and was said to be a genuine assault weapon of handling and performance. Today, the Cobra is instantly recognizable, with original examples selling regularly in excess of one million dollars. Not to be confused with a replica or a kit car, this fully documented Shelby has a proper CSX number, a Manufacturers Statement of Origin and is signed by Carroll Shelby. Only a small number were built each year, and each one is included in the official Shelby Registry. The "8000 Series" marks the continuation of where it all started. The 289 Street Roadster, or S/R, is a cleanly designed street car originally conceived by Carroll Shelby in 1962. These Cobras are supplied with under-car exhaust, wire wheels and all the street options of the day, including leaf spring suspension. There are improvements for safety and drivability, such as rack & pinion steering, superior brakes, improved cooling and a heavy-duty Tremec 5-speed transmission. With a Statement of Origin of May 25, 2005, the original owner purchased this Cobra through XK's Limited in San Luis Obispo, who assembled it to his exacting specifications. Finished in LeMans Blue with black vinyl interior, today the odometer reads just 513 miles from new. Powered by an original 289ci Ford V8, upgraded with 351 heads ported with larger valves and more, the entire assembly was balanced and has a compression ratio of 9.6:1. Other standard equipment includes AutoMeter 289-type gauges, Baer racing brakes and 72-spoke wire wheels. A complete binder supporting the purchase, title, registration, build specifications, engine costs, and all receipts and communication from builder to the original owner are included. Titled as a 0000 Special Construction, this classic "slab-sided" 289 Shelby Cobra Street Roadster is now 'turn-key ready' for immediate delivery and enjoyment for the next owner.
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As a student I had the good fortune to cross paths with Alan Hazeldine, an inspirational conductor and a generous teacher. In the year or so that I was accompanist to the North London Chorus [my first concert with them was Bach's B minor mass] I learned a huge amount from him, but this single idea stands out above all else.
In one ear, I have what I can hear at the moment, in rehearsal; and in the other ear [waving his right hand] I have what I want it to sound like. And all I am doing in rehearsal is matching up what I can hear with what I want to hear.
As he said this last sentence, he carefully put the palms of his hands together. So simple.
This is how I rehearse, be it choir or orchestra, but it is also how I practise. In fact, this is how I have always practised. I'm not sure whether I was ever taught to practise or whether it has just come instinctively, but many pupils do need guidance. Some need lots.
I suspect that one of the biggest problems with practice is that pupils lack the aural picture of "what they want it to sound like." In Alan's picture, they have their left palm held out, but have nothing to match it up to – in other words, their practice is aimless. If they can't hear the goal – whether that be an evenness of tone, or even just the correct notes, how can they know what needs to be adjusted to improve their efforts?
This is a complex area. Many students hack their way through sight-reading without the faintest idea of what is going on around them. Why? Because they can't hear what they are aiming at, so nothing that they play has any context; they can't really tell whether it's right or wrong. The solution: teach them to sight-sing, and then they will be able to hear what they see. Then they will be able to match up what they play [left hand] with what they hear in their head [right hand].
I have inherited a pupil who struggles to read the dots on the page. He can read them, but he has developed other strategies to avoid doing so if he can help it! So when it comes to reading new music, the first stage needs to be for him to pick his way carefully through the score, and build for himself an aural picture of what the music sounds like; put another way, he first needs to create that right hand, so that in his subsequent practice he knows what he is aiming for.
These things take time, and we can undoubtedly find shortcuts. The easiest is to provide that right hand ourselves, to be in possession of what we know to be the goal, and to guide our student towards that. There is, however, a fundamental flaw with this strategy: what does the student do when we are not there? This method works fine in lessons, when indeed we can be fooled as we see their progress in front of our own eyes, but what about when they are practising alone? And what about when they move on?
My preference is not to find shortcuts, but to give them a hand in working out how to learn for themselves. It takes time and patience to teach our pupils how to direct their own learning rather than simply to follow our lead, but the rewards are so much more enduring.


Most people who have chronic bronchitis have chronic obstructive pulmonary disease (COPD). With a number of other factors like air pollution and genetics playing a smaller part, tobacco smoking is the most common cause. Symptoms of chronic bronchitis may include wheezing and shortness of breath, especially. Most cases of chronic bronchitis are caused by smoking cigarettes or other forms of tobacco. Furthermore, chronic inhalation of air pollution or irritating fumes or dust from hazardous exposures in occupations like livestock farming, grain handling, textile production, coal mining, and metal moulding may also be a risk factor for the development of chronic bronchitis. Unlike other common obstructive illnesses including asthma or emphysema, bronchitis scarcely causes a high residual volume (the volume of air remaining in the lungs after a maximal exhalation attempt). .
Sputum colour and bacteria in chronic bronchitis The relationship between atopic disease and the common acute bronchitis syndrome was examined using a retrospective, case-control procedure. The charts of 116 acute bronchitis patients and of a control group of 60 patients with irritable colon syndrome were reviewed for signs of previous and subsequent atopic disease or asthma. Bronchitis patients were more likely to have more previous, a personal history or diagnosis of atopic disorder, and a previous history of asthma and following visits for acute bronchitis. The principal finding of the study was a tenfold increase in the following visit rate for asthma in the acute bronchitis group.
The classic symptoms of bronchitis may be like those of a cold. You may have a tickle in the back of your throat, which results in a dry, irritating cough. As the disease gets worse, you may cough up thick, yellow mucus that may (rarely) be streaked with blood. Sometimes the symptoms of bronchitis don't appear until the viral infection has gone away. Then another, bacterial disease causes the coughing symptoms of bronchitis. Bronchitis may be caused by whooping cough and sinusitis - like symptoms. People have an inclination of bragging on the knowledge they have on any particular project. However, we don't want to brag on what we know bronchi bronchitis infection sputum, so long as it proves useful to you, we are happy.
Bronchitis and pneumonia in that bronchitis is limited to the inner bronchial tube lining, whereas the disease has spread out into the substance of the lungs, infecting the microscopic air spaces, called alveoli differ. Not only might you've bronchitis, your symptoms define the ailment namely, cough and hypersecretion of mucus from an irritation (usually from illness) of the inner lining of the bronchial tubes of the lungs. Click to Rent or Buy the New Video On Demand " Banishing Bronchitis and Soothing Sore Throats Without Antibiotics " by Dr. Michael Klaper (Recorded April 2016, 35-minutes) Causes: Bronchial diseases are generally caused by viruses or by the normal bacteria in your nose and throat taking advantage of any occasion when your body's immunity may be lowered. Antibiotics should be reserved for those times when you are really ill high fever, shaking chills, never-ending coughing, etc., since most cases of bronchitis are caused by viruses that are not susceptible to antibiotics and because bronchial illnesses usually clear with time Some of the most self-defeating things a person with a lung infection can perform is always to sit quietly all day in a chair (in front of a computer or TV) breathing shallowly, and permitting the infected secretions to thicken and pool in the bronchial tubes and lower parts of the lung. d) Even better, if you feel up to it, any action that generates prolonged deep breathing can not only increase mucus secretion removal, but the increased blood flow will draw immune cells, antibodies and any antibiotics into the torso region to help eradicate the infection more quickly. You will learn the gravity of bronchitis yellow sputum once you are through reading this matter. bronchitis yellow sputum are very important, so learn its importance.
Coughing up green and yellow mucus, tiredness, soreness in the chest: these are the symptoms of bronchitis. For upper respiratory infections such as colds, bronchitis, and bronchiolitis follow these home remedies: Recall that over the counter medicines such as pain relievers, decongestants and saline nasal sprays simply alleviate your symptoms, but they do not shorten the course of the sickness. A more serious illness is chronic bronchitis. Another illness that has symptoms that are similar to bronchitis is pneumonia. Pneumonia symptoms include a high fever (compared to no or a low fever in cases of bronchitis), chills, shaking and shortness of breath/difficulty breathing. If you or your child suffers from a cold that lingers and moves into your chest, it might be bronchiolitis or bronchitis.
Infectious bronchitis normally begins runny nose, sore throat, tiredness, and chilliness. When bronchitis is intense, fever may be somewhat higher at 101 to 102 F (38 to 39 C) and may last for 3 to 5 days, but higher fevers are unusual unless bronchitis is brought on by influenza. Airway hyperreactivity, which is a short-term narrowing of the airways with impairment or limitation of the number of air flowing into and out of the lungs, is common in acute bronchitis. The impairment of airflow may be activated by common exposures, for example inhaling light irritants (for instance, cologne, strong scents, or exhaust fumes) or cold atmosphere. Elderly individuals may have uncommon bronchits symptoms, including confusion or accelerated breathing, rather than temperature and cough. We have gone through extensive research and reading to produce this article on bronchitis yellow sputum. Use the information wisely so that the information will be properly used.
You've had strep and are taking an antibiotic you must not have developed bronchitis UNLESS it's a virus that you caught.
The antibiotic should prevent you from having another infection BUT not prevent a virus.
So if you are taking an antibiotic likely your coughing is viral germ and Never bacterial infection.
If does not go away you may want another round of antibiotics or a new and more powerful one.
Antibiotics do tend to weaken the immune system so you could have got the flu-bug also.
All of these variables can give rise to the long-term cough experienced by many allergy, asthma and bronchitis sufferers. If you believe that may be afflicted by a persistent cough due to bronchitis or perhaps asthma, it is vital that you understand the lifestyle implications this may involve. Each. Pneumonia is the bronchial tubes, or an infectious disease which lies deep in the lungs, as in comparison with bronchitis, which can be an illness in the portal to the lungs.
Strep Throat And Bronchitis Together Allow it time: If you've got all of those symptoms at once you almost certainly have a viral upper respiratory infection. These take 10-14 days to completely resolve. A viral cough can last up to 28 days and still be ordinary. Now while reading about strep throat bronchitis, don't you feel that you never knew so much existed about strep throat bronchitis? So much matter you never knew existed. .
Home Remedies For Colds, Flu, Strep Throat And Bronchitis If you've got a dry cough, a cold or old bronchitis get 1 tbl spoon with tea or milk. If you get ill (cold, bronchitis, coughing), take 1 tea spoon 3 times a day before each meal. Boil 2 pounds of young pine twigs in 1liter of water for 15-20 min. Require 1 tbl spoon with milk or tea if you've a dry cough, a cold or old bronchitis. But the flu can occasionally result in much more serious difficulties, like the lung disease pneumonia. Sore throat, a stuffy nose, and sneezing are usually signs of a cold. Tiredness, fever, headache, and major aches and pains probably mean you have the flu. Coughing can be a sign of either a cold or the flu. You will likely feel weak and drained, and have a fever, dry cough, a runny nose, chills, muscle pains, severe headache, eye pain and a sore throat. Writing about strep throat bronchitis is an interesting writing assignment. There is no end to it, as there is so much to write about it!
Too Many Antibiotics Still Prescribed for Sore Throats Antibiotics only work against bacterial diseases, and they're prescribed for bronchitis, illnesses which are normally brought on by viruses at a rate of 60 percent for sore throats and 73 percent, the scientists said. "For sore throat, antibiotics should be prescribed about 10 percent of that time period," said study author Dr. Jeffrey Linder, a researcher in the division of general medicine and primary care at Brigham and Women's Hospital in Boston. Although the U. S. Centers for Disease Control and Prevention supports the appropriate use of antibiotics, their use for sore throats has simply dropped from about 70 percent of doctor visits in 1990 to 60 percent of visits now, he said. The report on sore throats was published online Oct. 3 in JAMA Internal Medicine, and the results of the bronchitis study are scheduled for presentation Thursday at ID Week 2013 in San Francisco. Keep your mind open to anything when reading about strep throat bronchitis. Opinions may differ, but it is the base of strep throat bronchitis that is important.
Streptococcal pharyngitis, also known as strep throat, is an infection of the rear of the throat such as the tonsils brought on by group A streptococcus. The typical symptoms of streptococcal pharyngitis are a sore throat, fever of greater than 38 C (100 F), tonsillar exudates (pus on the tonsils), and large cervical lymph nodes. The main reason for treatment with antibiotics will be to reduce the risk of complications for example rheumatic fever and retropharyngeal abscesses; antibiotics are effective if given within 9 days of the beginning of symptoms. The symptoms of strep throat usually improve within three to five days, irrespective of treatment. Accept the way things are in life. Only then will you be able to accept these points on strep throat bronchitis. strep throat bronchitis can be considered to be part and parcel of life.
Both kids and adults can get acute bronchitis. Most healthy people who get acute bronchitis get better without any issues. After having an upper respiratory tract disease like the flu or a cold frequently somebody gets acute bronchitis a couple of days. Acute bronchitis may also result from respiration in things that irritate the bronchial tubes, for example smoke. The most common symptom of acute bronchitis is a cough that usually is hacking and dry initially.
We offer appointments in Arizona, Florida and Minnesota and at Mayo Clinic Health System locations. Our general interest e-newsletter keeps you up so far on a broad variety of health topics. For either acute bronchitis or chronic bronchitis, symptoms and signs may include: you may have a nagging cough that lingers for several weeks If you've got acute bronchitis. You are likely to have periods when your signs and symptoms worsen, if you might have chronic bronchitis. Ignorance is bliss, is it? Isn't it better to learn more than not to know about something like acute chemical bronchitis. So we have produced this article so that you can learn more about it!
Exposure to strong acids, fumes, dusts, and other chemicals in the air causes such a bronchitis. Writing is something that has to be done when one is in the mood to write. So when we got in the mood to write about acute chemical bronchitis, nothing could stop us from writing!
Aspiration pneumonitis or chemical pneumonitis is inflammation of the lung caused by aspirating or inhaling irritants. There are two general types of chemical pneumonitis: persistent and acute. Irritants capable of causing chemical pneumonitis comprise vomitus, barium used in gastro intestinal imaging, chlorine gas (among other pulmonary agents), ingested gasoline or other petroleum distillates, ingested or skin absorbed pesticides, gases from electroplating, smoke and others. Mendelson's syndrome is a type of chemical pneumonitis. Symptoms of persistent substance pneumonitis might or might not be present, and can take months or years to grow to the stage of noticeability.
Acute?: Assuming you might be referring to acute bronchitis, the cause is generally either a viral or bacterial disease.
There is absolutely no particular treatment, only symptom control, if it is due to a virus.
When it is a result of a bacterial disease, antibiotics can be prescribed by your physician.
Bronchitis Natural Remedies A nagging cough that lingers and causes trouble in breathing is frequently symptomatic of bronchitis. Episodes of bronchitis happen more commonly during winter and can follow a viral respiratory infection. Challenging respiration eases inhibit coughing, and act to treat bronchitis. Lobelia, coltsfoot, and elecampane are good old fashioned herbal treatments which have been in use for centuries for all types of respiratory illnesses. Use these herbs in teas, or use their essential oils in room diffusers and vaporizers.
Understanding Treatment of Bronchitis Evaluations are often unnecessary in the case of acute bronchitis, as the disorder is generally easy to detect through your description of symptoms and a physical exam. In cases of chronic bronchitis, the physician will probably get a X-ray of your chest together with pulmonary function tests to quantify how well your lungs are working. In some cases of chronic bronchitis, oral steroids to reduce inflammation and supplementary oxygen may be required. In healthy people who have bronchitis who have regular lungs with no long-term health problems, are generally not essential. Your lungs are exposed to illnesses, if you might have chronic bronchitis.
Natural Treatments for Bronchitis In liquid form, use 5-10 drops of pure oregano oil in a four-oz glass of water twice per day until symptoms subside. Eucalyptus oil is another natural treatment for bronchitis that may be used to open airways that are inflamed up. Onion is another strong natural antibiotic it is possible to use to treat your bronchitis. Responsibility is what makes a person. So we felt it our responsibility to elaborate more on bronchitis ayurvedic treatment so that not only us, but everyone knew more about it!
Natural Ayurvedic Home Remedies for Bronchitis Dr. B.N. Sinha has been a professional and an avid patron of Ayurveda for 20 years now. Due to his sharp focus on spreading knowledge about his discipline, Dr. Sinha has played a pivotal role in several educational institutions.
Home Remedies for Bronchitis Acute bronchitis usually follows a cold or the flu, when resistance is down and the lungs may be somewhat irritated. And the viruses that cause bronchitis can be passed to others much the same way cold and influenza viruses are: An infected person coughs, spraying viral particles either into the air, where they could be breathed in by others, or onto their own hands, where they are able to be picked up when the person shakes hands with can be an irritated throat (from your coughing), burning or aching pain just beneath the breastbone, a feeling of tightness in the chest, wheezing or shortness of breath, and a "rattling" sensation in the lungs and chest. The aggravation caused by the virus in turn leaves the respiratory tract vulnerable to other complications, such as you've got an underlying chronic disease or suffer with asthma, allergies, chronic obstructive pulmonary disease (COPD) or any other serious respiratory or heart trouble, you should contact your doctor if you develop symptoms of acute bronchitis. The publication of this information doesn't constitute the practice of medicine, and this information will not replace the advice of your doctor or other healthcare provider.
Some sources suggest that pneumonia is more likely to kill in smokers but only 17% of the 36,000 fatal pneumonia cases were found in smokers suggesting this is not the case. We had at first written a rough assignment on Bronchitis Emphysema. Then after a few improvisions and enhancements here and there, we have ended up with this end product.
Oesophageal cancer deaths numbered just under 5,000 and the deceased were found to be 66% smokers, 71% and 65% men to women respectively; again another clear link that smoking and oesophageal cancer are linked. Opportunity knocks once. So when we got the opportunity to write on Chronic Bronchitis, we did not let the opportunity slip from our hands, and got down to writing on Chronic Bronchitis.
Deaths from COPD in 2002 in the UK numbered 28,500 of which 84% were smokers demonstrating a clear link between the inhalation of tobacco smoke and the disease as is the case with lung cancer. Coordinating matter regarding to Chronic Bronchitis Emphysema took a lot of time. However, with the progress of time, we not only gathered more matter, we also learnt more about Chronic Bronchitis Emphysema.
Finally, heart disease is the biggest single killer in the UK with over a quarter of a million deaths a year as a result of its various forms. Of all the major forms of heart disease, ischaemic heart disease, cerebrovascular disease, aortic aneurysm, myocardial degeneration and atherosclerosis, the percentage of smokers suffering from aortic aneuryism was just under 60%. All other forms of heart disease showed near 26% or below. This suggests that smoking may not be the main contributory factor but it almost certainly will have had an impact. .
Kidney cancer is another cancer where smokers are seen less frequently than non-smokers in the statistics. The next disease we shall look at is the non-cancerous, chronic obstructive pulmonary disease or COPD. The disease manifests itself mainly in two forms, being emphysema and chronic bronchitis. Isn't it wonderful that we can now access information about anything, including Chronic Bronchitis Emphysema form the Internet without the hassle of going through books and magazines for matter!
However, only 19% of female cases were smokers compared with 47% of male cases. It is fair to assume that there are other factors more prevalent in female bladder cancer other than smoking but the link is clear in men. The more you read about Emphysema Bronchitis, the more you get to understand the meaning of it. So if you read this article and other related articles, you are sure to get the required amount of matter for yourself.
Lomatium dissectum is an herbal remedy shown to have some effect on a variety of viral and bacterial infections, including Hepatitis C, influenza, AIDS, HIV, chronic fatigue, bronchitis, sinusitis, and colds. There are universal applications on Bronchitis everywhere. However, it is up to us to decide the way used for these applications to get the best results from them.
Ligusticum porteri, also known as osha, is most often used to treat cold symptoms.'It has a soothing effect on the throat and also alleviates indigestion.'When fatigue starts to wear on the immune system, common cold and flu viruses have a better chance of attacking the body, but supplements like ligusticum porter can help prevent this breakdown from occurring. What we have written here about Bronchitis can be considered to be a unique composition on Bronchitis. Let's hope you appreciate it being unique.
For those experiencing fatigue in their daily lives, however, a simple multivitamin may not be enough.'Herbal supplements may help'boost 'the immune system, improve alertness and mental health, and help the body use energy more efficiently.
The following herbs may be combined with a multivitamin for fatigue relief:'goldenseal root, echinacea, shiitake mushrooms, German chamomile, burdock root, licorice, ligusticum, astragalus, and lomatium. As you progress deeper and deeper into this composition on Bronchitis, you are sure to unearth more information on Bronchitis. The information becomes more interesting as the deeper you venture into the composition.
Licorice is used primarily to treat stomach ulcers and bronchitis, but it is also used as a soothing agent.'Recent studies suggest that licorice may prevent the spread of cancer cells in patients with breast cancer. We do hope that you find the information here something worth recommending others to read and think about once you complete reading all there is about Bronchitis.
Ronald P. Smolin is President of the Good Health Group of America LLC. The associate editor Stephen T. Landis is a graduate of the University of Pennsylvania and a health & nutrition editor for the Good Health Group of America LLC. Saying that all that is written here is all there is on Bronchitis would be an understatement. Very much more has to be learnt and propagated bout Bronchitis.
Shiitake mushrooms are used as a treatment for hepatitis B, HIV, and stomach cancers, among other conditions.'The key compound of Shiitake mushrooms is called lentinan.'Lentinan helps the immune system by activating the body's T cells, white blood cells produced by the Thymus and essential to the immune response.'Combined with raw Thymus concentrate, these two ingredients provide healthy assistance to the immune system. It is only if you find some usage for the matter described here on Bronchitis that we will feel the efforts put in writing on Bronchitis fruitful. So make good usage of it!
German Chamomile belongs to the same family as echinacea, and it provides many of the same benefits.'Chamomile is generally used to treat upset stomach and upper respiratory infections, but it has been used to treat a variety of other conditions as well.'Importantly, chamomile is traditionally used to treat insomnia, menstrual cramps, and tension.'Chamomile can thus help to relieve some of the anxieties of fatigue. Looking for something logical on Bronchitis, we stumbled on the information provided here. Look out for anything illogical here.
Along with lowering blood pressure and increasing endurance, astragalus is used in chemotherapy patients to fight symptoms of immune deficiency.'In people with severe heart disease, astragalus may have antioxidant benefits.'Traditionally, astragalus is recommended for patients with chronic infections or cold symptoms.
Goldenseal root is often combined with echinacea to boost the immune system.'The active component of goldenseal is berberine, a substance which fights infections and which is used in Chinese herbal medicine to treat upset stomach and diarrhea.'By assisting the body in digestion and immune response, goldenseal, combined with echinacea, helps relieve the immune system's weakness as a result of fatigue. We hope you develop a better causes and danger aspects of acute bronchitis on completion of this article on Bronchitis. Only if the article is understood is it's benefit reached.


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Tort – Occupiers Liability Cases II
In Grimes v Hawkins (2011) a young lady was invited by her friend, while her parents were away, to a party at her house. During the course of the party, the plaintiff used the swimming pool in the house. The plaintiff had used the pool before and was familiar with its depths. The plaintiff then decided to dive into the pool and because the depths of the pool were not sufficient the plaintiff's head hit the bottom of the pool and as a result she suffered severe injuries to the spine. The plaintiff sued.
The court found for the defendant on the basis that the plaintiff had used the pool on previous occasions and was entirely familiar with its depths. Regardless of the fact that the plaintiff was a visitor that was invited, the question that was to be asked, in line with the dictum in the Calgarth 1927 was whether the pool was used for the purpose that it was intended? When someone is invited to use the facilities in the house, the invitation is extended on the basis that the facilities in question will be used in the way that they would ordinarily be used and not otherwise.
In Geary v JD Wetherspoon PLC (2011) the plaintiff, while on the defendant' premises chose to slide down the bannister and as a result sustained serious injuries. The plaintiff sued. Applying the dictum in the Calgarth 1927 as per Scrutton L.J. – when a person is invited to use the staircase in the house they are not invited to slide down the banister. They are invited to use the staircase in the manner that it is normally used. This approach is sometimes called the common-sense approach. In this instance, the plaintiff (Geary v JD Wetherspoon PLC (2011)) was aware of the risk and chose to accept the risk and therefore the defendants were not liable.
Let's go back momentarily to owners who keep Rottweilers and German Shepherds on their premises. They are fully aware of their pet's temperament and in most instances, take more than adequate measures to ensure that the fencing around their house is secure.
In addition to that they also post warning signs to warn others that there a is a dog on the premises. Despite that there are some very strange people who lurk about and like nothing better than to meddle with the fences and poke their hand through the fences to aggravate the dog. Are the owners to be blamed if the dog bites their hand off? Hasn't the stranger in this instance accepted the risk by his or her own volition?
In Moira Brown v Lakeland Ltd (2012) the plaintiff was injured when she slipped and fell while using a staircase at the defendants shopping center. There were no handrails in place and adequate signs were not posted to inform visitors to the shopping center that there was an alternate route that they could use. The plaintiff sued on the grounds that had there been a handrail or had adequate signs been posted, the plaintiff would not have been injured.
The court held that all stairs were a risk and it is up to the user to ensure that they take reasonable care and precaution when using the facilities that are provided in shopping centers and other premises that are open to the public. The plaintiff was unsuccessful.
In John Dawson v Ruth Page (2012) we look at the duty that is owed by an occupier of a premises to visitors who have implied permission to be on the premises.
The plaintiff was a courier who had to deliver a package to the defendant's house. Because the house was being renovated it looked rather disorganized and there were building materials in the way, the type one would associate to ordinary renovation or refurbishing works, that prevented easy access to the house. The plaintiff who was unable to locate the defendant, under normal circumstances the courier is obliged to first locate the person the parcel is addressed to, entered the premises and left a package at a convenient spot. On the way out the plaintiff slipped on a wet plank and was injured. The plaintiff sued.
The court, applying the common-sense approach, decided that it was the plaintiff's failure to exercise due care and caution that had led to the injury as opposed to the defendant's negligence. Once the plaintiff realized that the plank was wet, in most cases and instances, it would be fairly obvious, the plaintiff should not have used it as a crossing.
Copyright © 2017 by Dyarne Ward
Tort – Occupiers Liability II
Lowery v Walker (1911) gives us an example of the type of duty that is owed to strangers and stranglers that make their way onto private poverty. The plaintiff used the defendant's land as a short cut, the land was usually used as a short cut, and the defendant had taken no steps to prevent it from being used as such. The plaintiff while walking across the land was injured by the defendant's horse. The defendant knew that the horse was dangerous but despite that had not taken any steps or measures to restrain the horse or have it secured. The plaintiff sued and was successful.
The situation is not too dissimilar to those who have guard dogs like Rottweilers and German Shepherds. Without doubt, these are some of the most loving dogs in the world but they have a tendency to be over protective and are best kept on land that is not open to public. Most owners of these dogs usually post signs to warn friends, visitors, strangers, and stranglers that there is a dog or dogs in the vicinity to prevent them from coming too close to the fence – these dogs are normally kept in an enclosed area.
On the same token strangers, stranglers, visitors, and trespassers also have a duty to ensure that they act in the appropriate manner. For example, if there is a sign posted on the fence saying "beware of dog" please do not try and put your hand on the fence or meddle with the fence because the chances are that you will get bitten. Owners train these dogs to react in the manner that they do for their own safety and protection.
There are also instances and occasions where people tend to aggravate the dog and if you do so and get your hand bitten off don't blame the owner because no one in their right mind would aggravate a Rottweiler or a German Shepherd especially when there are signs posted all around that clearly say "beware of dog".
Strangely enough there are some people who can't walk past compounds that are protected by dogs without aggravating the animal and after that make a complain to the relevant authorities saying that the dog is too vicious. Vicious or otherwise in most instances the dog is just doing what it is trained to do.
The court elaborated on the duty that is owed by strangers, stranglers, trespassers, and visitors in the Calgarth 1927 – when a person is invited into a house to use the staircase they are not invited to slide down the banister. They are invited to use the staircase in the manner that it is normally used i.e. the duty that is owed by any occupier of land is one that is within reason.
In Haseldine v C. A. Daw & Son and Others (1941) the plaintiff was injured when the cylinder gland of a hydraulic lift in a block of flats broke. The lift was examined only the previous day by someone from the company that was contracted to maintain it and the lift was passed fit. The plaintiff sued the owner of the flats who was also the occupier and the courts held that the owner was not liable. In this instance, the maintenance of the lift was contracted to another company that was required to inspect the lift once a month. The accident was not caused by the negligence of the owner or the occupier but rather by the lack of skill exercised by the servicemen that were contracted to ensure that the lifts were in good working order.
In Tomlinson v Congleton B.C. (2004) the defendants had converted a sand quarry into a park that was open to visitors to frequent. The disused quarry included a lake and signs were posted in plain sight disallowing or prohibiting visitors from swimming in the lake, especially because these lakes are normally shallow and the sand below is loose and prone to give way, which is normally the case with pools that occur naturally in disused mines and quarries and these pools are a hazard to swimmers. Despite that some of the visitors did go for a swim or a wade in the shallow waters of the lake.
The plaintiff was a visitor who decided to go for a swim. He dived into the pool but because of the shallowness of the water or the lack of depth, he sustained severe injuries to the neck. The plaintiff sued.
The court held that the council was not liable. The risk was one that was perpetuated by the claimants own actions rather that a failure by the council to take reasonable care and precaution. S2(2) Occupiers Liability Act 1957 – "The common duty of care is a duty to take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which he is invited or permitted by the occupier to be there".
Tort – Occupiers Liability Cases I
In Edward v Railway Executive (1952) the case was decided prior to the enactment of the Occupiers Liability Act 1957; a railway track was used by members of the public to cut across, as a short cut, and the council erected fences to prevent the use of the railway track as a short cut but the fences were repeatedly torn down and the matter was eventually brought before the court. The question that was to be decided upon was whether the council despite repeatedly erecting fences owed those who used the railway track as a short cut a duty of care? The court held that when there are repeated attempts to erect fences to prohibit members of the public from using the railway track as a short cut and those fences are repeatedly torn down, a duty of care did not arise.
In Wheat v Lacon (1966) the plaintiff and her family were staying in a hotel and while her husband was climbing down a particularly steep staircase, he fell down and hit his head on a beam and died as a result. During the trial, according to the evidence that was given, the staircase was narrower than usual and the lightbulb which normally lit the staircase did not work. In addition to that, the handrail was two steps short towards the end of the staircase which meant that the handrail would stop two steps before the end of the staircase and anyone holding on to the handrail would most likely fall especially if the staircase was not lit. The plaintiff sued.
To start with the court had to decide who the occupiers were. The premises was owned by one party but the day to day running of the hotel was in the hands of another party who were also the occupiers. The court held that there could be more than one occupier in a or to a premises.
The plaintiff had brought an action against the owners who though they retained sufficient control of the premises, the day to day affairs with regards or reference to running or operating the premises fell into the hands of the other party. Clearly the fixing of the lightbulb or rectifying defecting lighting fell into the hands of the second party and therefore the plaintiff's action failed.
In Lewis v Six Continents (2005) the plaintiff fell through a glass window and brought an action against the owners for failing to have bars erected on the outside of the windows to prevent visitors from falling. The court denied the plaintiff's claim. If the claim was allowed it would mean that bars would have to be placed outside all glass windows to prevent other claims due to similar accidents. The Occupiers Liability Act 1957 only required occupiers and owners of premises to take reasonable care and not anything beyond that.
In Maguire v Sefton Metropolitan Borough Council (2006) the defendants operated a leisure center that had exercise machines for public use. The plaintiff was a paying visitor who used an exercise machine and because the machine was faulty or defective the plaintiff was injured. The maintenance of the machine was contracted to a third party who was under a duty to ensure that the machines were in proper working order. The plaintiff sued.
Because the plaintiff was a paying customer there was a contract between the plaintiff and the defendants and it was held that there was an implied warranty that the machine could be safely used for the purposes that it was intended for.
In Lisa Wardle v Scottish Borders Council (2011) the plaintiff was a 9-year-old girl who climbed on to the rafters of her school playground shelter and was injured when she fell. The court had to determine if a duty of care was owed and the nature of the duty of care.
It was decided that a duty of care was owed under s2(1) of the Occupiers Liability Act 1957 and that duty was similar to the duty of care that was owed in negligence and the question that was to be asked was whether a reasonable person would have acted in the way the defendant did or would have failed to act under the circumstances and if that act or failure to act had led to some type of injury to the plaintiff? The court found in favor of the plaintiff but unlike in other cases that involved children, decided that the plaintiff was contributorily negligent and the damages that were awarded were reduced by half.
Karma Hinduism
Karma is a fundamental belief of the Hindu faith and basically it denotes the sum collective of all actions, both good and bad, that follows the soul into the next life. Hinduism is based on the notion that existence is dualistic in nature and that the human body is composed or comprises of two components the physical component i.e. the body per se and the spiritual component or the spiritual matter within the body which is commonly referred to as the soul. While the body exists for a limited time and comes to an end after having existed for a specific time, the soul is eternal and exists for all time.
The physical body comes into existence with birth and from then on it gets stronger with age as it grows from adolescence to youth and continues to gain physical strength with time until its faculties start to slow down and it loses the strength it has gained as it grows old and infirm before slipping into death. The body is then reduced to ashes or cremated and it remains only as a fleeting memory in the minds of those that were in some way or form attached to the body.
The same however cannot be said for the soul which remains the same from birth to death and upon death depending on the deeds and actions of the body it was encased in while it was alive it either attains salvation or liberation or migrates to another body to begin the journey anew.
According to some schools, the type of body that the soul attains after death depends on its deeds and actions when it was trapped or encased in the previous body. Souls that belonged to a body that had lived a good life, even if they do not attain salvation or liberation after death, acquire the body of someone who is born in a higher or a good station in life and are not subjected to the many miseries that often accompany human existence for example poverty, disease, sickness, and homelessness, to name some of the many problems that plague human existence today.
Souls that belong to a body that has led a wayward life and a body that has committed numerous sins normally attain the body of someone who is born into a lower station in life and are subjected to the many miseries of mortal existence. The general belief is that the new body will experience the sins the former body inflicted on others and upon realization of its mistakes, it will be liberated from a wretched existence and continue on the higher path until it is born in the body of someone who attains salvation and liberation by virtue of having lead a noble existence.
As far as the soul is concerned, birth and death is a continuous cycle and the soul passes from one state to another, repeating the process for as long as it takes or for as many times that is needed until such time that it attains the body of someone who desires to live a noble and virtuous existence and not be swayed by material pleasures or corporeal or temporal needs but rather someone whose existence is driven by spiritual needs and the desire to do so permeates his or her very existence.
Another way of looking at it is that in order for one to escape the birth and death cycle, all one has to do is to live a good life for the duration of a lifetime which in present terms translates to no more than a hundred years or so and upon death the soul will either attain salvation or liberation or attain the body of someone who is born in a higher station of existence.
Living a good or a meritorious life doesn't always equate or translate to attaining salvation or liberation and even while living a praiseworthy existence, one can be subjected to the many pitfalls that result from temporal or corporeal needs and therefore the only surefire way of attaining salvation or liberation is to seek enlightenment.
Seeking enlightenment merely means renouncing all material existence and devoting one's existence to seeking out the higher truths and it normally means leading the life of a monk or an ascetic.
Upon death those persons who have faithfully complied with the norms and rules that accompany an ascetic existence are liberated and gain the status of an enlightened being and may return to the world of the living to help others through difficult times or may be reunited with the source and continue to exist with the source for the duration of the universe.
Karma in short is simply the deeds that we acquire in the present life, good and bad, that follow us into the next life and determine the body that we will attain in the next life. Therefore, while one is alive it is in one's best interest to accrue as many good deeds as possible and to avoid negative actions.
Tort – Occupiers Liability I
Occupiers liability refers to the duty that is owed by those who occupy property through ownership or lease to visitors to their land or property. Despite the fact that owners legally own the land they must take adequate, relevant and appropriate steps to ensure that any visitor to their property, whether invited or otherwise, is not subjected to the risk of accident, injury or illness.
In Jolley v Sutton LBC (1998), for example, the council had left an abandoned boat on a piece of land that it owned with a notice stuck to it that warned others not to meddle with the boat and if the boat was unclaimed within 7 days it would be removed. The boat however was left abandoned for 2 years and in that time it had further deteriorated and posed a hazard to trespassers or anyone else who clambered on it or fiddled with it.
The boat was discovered by two 14-year-old boys who as boys normally do got carried away with it and tried to do it up. While they were trying to fix the boat, there was an accident and one of the boys suffered serious spinal injuries and was paralyzed as a result. The plaintiff sued under the Occupiers Liability Act 1957 and was successful.
It was reasonably foreseeable that if the boat was not disposed of in the appropriate manner, someone sometime was likely to stumble across it and there was a real likelihood that the person(s) could sustain some form of harm or injury as a result.
In Ward v Tesco Stores Ltd (1976) the plaintiff was walking down the aisle of a Tesco store shopping when she stepped on some spilled yogurt and subsequently slipped and fell. The plaintiff was injured as a result of the accident and brought an action against Tesco for negligence. The court held that Tesco owed its customers a duty of care and it had breached that duty by failing to ensure that the floors were kept clean at all times. The plaintiff's injury was the result of stepping on the spilled yogurt or the plaintiff would not have been injured but for the spilled yogurt and thus the defendant was held to be liable.
The plaintiff despite having brought an action in negligence could have also brought a successful action under the Occupiers Liability Act 1957. The act was enacted primarily "to regulate the duty which an occupier of premises owes to his visitors in respect of dangers due to the state of the premises or to things done or omitted to be done on them." (Section I(I)).
S2 of the act elaborates on the natures of the duty that is owed. S2(1) An occupier of premises owes the same duty, the "common duty of care", to all his visitors, except in so far as he is free to and does extend, restrict, modify or exclude his duty to any visitor or visitors by agreement or otherwise.
The Occupiers Liability Act 1984 further reinforces the principles that were laid down in the 1957 act. S1(1) The rules enacted by this section shall have effect, in place of the rules of the common law, to determine –
(a) whether any duty is owed by a person as occupier of premises to persons other than his visitors in respect of any risk of their suffering injury on the premises by reason of any danger due to the state of the premises or to things done or omitted to be done on them; and
(b) if so, what that duty is.
In Gwilliam v West Hertfordshire Hospital NHS Trust (2002) the plaintiff, a 63 year old lady, was injured while she attended a summer fair hosted by the defendants. During the fair the plaintiff had participated in some of the activities and as a result of the defective equipment that was provided, she sustained injuries. The plaintiff sued. Under normal circumstances the matter would be covered by public liability insurance but in this instance the insurance policy of the contractors who provided the equipment had expired 4 days prior to the fair, and the contractors had failed to renew it.
The court held that under the Occupiers Liability Act 1957 there was a duty that was imposed on organizers to ensure that the contractors they employed had suitable insurance coverage and the court found that the defendants had been negligent by failing to ensure that their contractors had suitable insurance coverage. The plaintiff was successful.
Tort – Res ipsa loquitur
Res ipsa loquitur simply means that the thing speaks for itself. In instances where the courts apply the principle, the burden of proof shifts to the defendant. The maxim is normally applied in instances where the cause of the damage, injury or illness is unknown and it is up to defendant to rebut the presumption that he or she had caused the accident, injury or illness.
In Mahon v Osborne (1931) a patient died shortly after a surgery and the post mortem revealed that the surgeon who had conducted the surgery had negligently left a cotton swab in the patient's body. The court held that there was no need to look any further and that the cotton swab was sufficient prove that the defendant had been negligent and had breached his duty of care i.e. the thing (the cotton swab) speaks for itself (res ipsa loquitur).
The fact that the cotton swab was present in the body of the deceased was sufficient evidence that the defendant was guilty and the court need not look any further to imply or impose liability.
In order for the maxim or the principle to apply three factors must be established:-
i) The defendant must have control or must be able to exert control of the thing that caused the damage. In Mahon v Osborne (1931) the defendant had all the control in the world over the cotton swab and the fact that he did not notice that the cotton swab remained in the body once he had completed the surgery clearly implies that he was negligent or implicates him.
In Gee v Metropolitan Railway (1873) the plaintiff was injured when the train moved as he was about to disembark and as a result he suffered or sustained injury. The train was clearly in the control of the driver and would not have moved without his intervention. The court held that the defendant was liable and the plaintiff was successful.
It is worth comparing the decision in Gee v Metropolitan Railway (1873) with that in Easson v London North Eastern Railway (1944). In the latter case the plaintiff fell out of a carriage door because it was left open. The plaintiff sued and it was established during the trial that the carriage door was left open by one of the passengers. The court held that the defendant was not liable because it could not be established with any degree of certainty that it was his negligence that caused the plaintiff's injuries. Moreover it was fairly obvious from the facts that the defendant did not have any control over the carriage doors.
ii) The damage or the injury must be the result of the defendant's carelessness and it must be the type of damage that would not have occurred otherwise i.e. with the exception of the defendant's negligence there could be no other cause or causes for the damage, illness or injury. In Scott v London and St Katherine Docks (1865) the defendant was injured when 6 bags of sugar landed on his head from where they were perched at the top of the defendants' warehouse. In addition to the fact that the plaintiff would not have been injured but for the defendants negligence, it could be said with some degree of certainty that the accident, which would otherwise not have happened, could have only occurred as a result of the defendants carelessness. It is worth adding that the type of mishap in this instance (Scott v London and St Katherine Docks (1865)) was something out of the ordinarily and could only be precipitated by the negligent act of the blameworthy party.
iii) thirdly instead of the plaintiff establishing or proving, normally by adducing evidence, that it was the action or inaction of the defendant that had caused the damage, injury or illness, it is now up to the defendant to prove that he did not cause the damage, injury or illness i.e. res ipsa loquitur reverses the burden of proof or instead of the plaintiff proving that the defendant had caused the damage, injury or illness it is now up to the defendant to disprove that he or she had caused the damage, injury or illness.
In Barkway v South Wales Transport (1980) an omnibus (which simple means a bus that is available for all) veered to the pavement and as a result injured the plaintiff. Omnibuses were generally only meant to be driven on the road and the fact that the bus had made its way to the pavement was enough for the court to infer liability. The mishap was most likely due to either the driver's negligence or some defect in the bus which prompted or compelled the driver to steer away from the normal route. It was now up to the driver or the bus company to disprove that the injury to the plaintiff was not caused by the driver's negligence.
Tort – Novus actus interveniens
Novus actus interveniens in tort is an intervening act that causes a break in the chain of causation and negates the defendant's liability. A defendant is liable in tort when his action or inactions (omissions) cause some form of physical injury, psychiatric illness, or some type of damage to property. The injury, illness, or damage is normally the direct consequence of the defendant's action or inactions (omissions).
Causation is a chain i.e. an action or an inaction (omission) that leads to a result, often dire but nonetheless foreseeable and the defendant is often liable unless there is a break in the chain and a new, often independent act, causes a break in the chain.
In the Oropesa (1943) there was a collision at sea between two ships. The Oropesa collided with another vessel, the Manchester Regiment and the vessel, the Manchester Regiment sustained serious damage. The captain of the Manchester Regiment ordered the crew to abandon ship. The captain having transferred 50 of his crew members to the Oropesa continued to try and safe the ship and ordered that a lifeboat be lowered.
He and 17 other crew members got on the lifeboat and headed for the Oropesa in an attempt to persuade the captain of the Oropesa to tow the ship to the nearest post. The sea was rough and the lifeboat capsized. 7 of the crew members drowned.
At the trial, the defendants (the Oropesa) argued that they were not responsible for the lives that were lost because the actions of the captain had broken the chain of causation. The court held that the captain's actions were both natural and foreseeable and the seamen's deaths were the direct consequence of the collision that was caused by the negligence of the Oropesa and therefore the defendants were liable. The captain's actions did not break the chain of causation.
In Robinson v The Post Office (1974) the plaintiff was an employee of the post office and while climbing down a ladder the plaintiff slipped and fell, sustaining injuries on his shin. The accident was caused by smidges of oil on the rungs of the ladder. Approximately 8 hours later the plaintiff went to his doctor for a tetanus jab and the doctor did not follow the prescribed procedure.
He was required to inject the plaintiff with a small dose and wait for half an hour to determine if there were any adverse effects to the injection prior to administering the full dosage. The doctor waited for about a minute and administered the full dosage. The injection had an adverse effect on the plaintiff and the plaintiff suffered brain damage. The plaintiff sued.
The question before the court was whether the injury was too remote or if it was the natural consequence of the defendants' negligence. The plaintiff was successful. The court held that it was foreseeable that the plaintiff would go to a doctor for treatment after the first injury, any normal person would, and therefore the consequent injury that the plaintiff suffered was a direct result of the defendants' negligence.
The fact that the chances were slim that that the plaintiff would suffer from brain damage did not break the chain of causation and the thin skill rule applied i.e. you take your victim as you find them.
As for whether the intervening act of the doctor (novus actus interveniens) caused a break in the chain of causation, the court held that it did not. It was a likely consequence of the defendants' negligence that the plaintiff would seek some form or type of medical treatment.
In Reeves v Commissioner of Police of the Metropolis (1999) the police held in custody a prisoner who had attempted suicide on several occasions. The prisoner however did not suffer from a psychological illness and nor did he suffer from depression or schizophrenia. From all accounts, he was a person of sound mind but did have suicidal tendencies or leaned towards taking his own life.
The police left the hatch of his cell door open and the prisoner committed suicide. An action was brought against the police for negligence and the police contended that the deceased was a person of sound mind or the argument was that people of sound mind do not commit suicide and therefore the police were not required to take additional precautions other that what they normally would.
The court held that there was a duty of care on the grounds that despite the prisoner being of sound mind, he displayed suicidal tendencies and had attempted suicide on several previous occasions. Therefore, given the opportunity the chances were high that the prisoner might attempt to take his own life.
It was further contended that the act of suicide was an intervening act i.e. when a person of sound mind takes his own life, it is a deliberate act and therefore the act had caused a break in the chain of causation. The courts decided that suicide is not an intervening act if it was the very act that the duty sort to prevent.
Tort – Ex Turpi Causa
Ex turpi causa non oritur actio or ex turpi causa for short simply means that when the plaintiff has committed an illegal act, he cannot claim a legal remedy i.e. where the act is illegal a legal remedy is not available. Another way of looking at it is that no man should be allowed to profit from his crime.
In Ashton and Turner (1981) the plaintiff was a passenger in a car that the defendant was driving. The pair had jointly committed a burglary and the defendant was drunk at the time. The car they were driving in subsequently crashed and the plaintiff sued. The court held that the principle of ex turpi causa prevented him from claiming.
In Meah v McCreamer (No. 1) (1985) the plaintiff suffered severe head injuries as a result of a road accident caused by the plaintiff's negligence that subsequently resulted in a change of personality. He became a sexual predator and was eventually convicted of sexually assaulting two women and causing injury to a third. The plaintiff sued the defendant on the grounds that had it not been for the defendant's negligence the plaintiff would not have undergone the personality change. On the contention that such personality changes were not foreseeable the thin skull rule applied i.e. you take your victim as you find them. The plaintiff was successful.
In Meah v McCreamer (No. 2) (1986) two of the women that the plaintiff had assaulted brought an action to recover from the plaintiff damages for the injuries that they had suffered. The women were successful. The plaintiff subsequently sought to recover the damages from the defendant but the court denied the plaintiff's claim citing the principle of ex turpi causa – where the act is illegal, a legal remedy is not available.
In Pitt v Hunt (1990) the defendant aged 16 gave the plaintiff aged 18 a ride on his motorbike. The defendant neither had insurance nor had he paid road tax and was on a bike with a much bigger engine than someone his age was allowed to be on. In addition to that both the plaintiff and the defendant were drunk and witnesses gave evidence that they were riding recklessly on the road. There was an accident and the defendant was killed while the plaintiff suffered serious injuries. The plaintiff sued. The court held that there was no duty of care that was owed to the plaintiff by the defendant and the maxim of ex turpi causa prevented a duty of care from arising.
In Kirkham v Chief Constable of the Greater Manchester Police (1990) the plaintiff was the wife of a prisoner. The prisoner was an alcoholic who suffered from prolonged depression with suicidal tendencies and given his condition there was a real likelihood that he would commit suicide.
The police when they apprehended the prisoner were aware of the facts but failed to pass them on to the prison authorities and the defendant while in prison committed suicide. The plaintiff sued and the defendants relied on the defense of volenti and ex turpi causa.
The plaintiff was successful. The defense of volenti was rejected because it was only applicable to those who did not suffer from any type of psychological or mental illness i.e. those who were sound of mind and ex turpi causa only concerned those who had committed an illegal act and suicide was not illegal (Suicide Act 1961 decriminalized the act of suicide in England and Wales).
If the prison authorities had known that the defendant had suicidal tendencies or was likely to commit suicide, they could have taken steps to ensure that it did not happen for example by putting him in a secure cell or by keeping a closer eye on him. Therefore, it is quite possible to say with some certainty that the prisoner would not have committed suicide but for the defendants' actions or omissions.
In Clunis v Camden & Islington Health Authority (1998) the plaintiff was detained in a mental hospital prior to release and soon after his release, the plaintiff stabbed a man to death and was convicted for manslaughter. The plaintiff brought an action against the defendants claiming that he shouldn't have been released from a mental hospital and it was his release that had provoked the stabbing and as a consequence he was now incarcerated and therefore he should be compensated accordingly by the defendants for negligently releasing him. The plaintiff was unsuccessful and the principle of ex turpi causa negated liability.
In Vellino v Chief Constable of Greater Manchester (2002) the plaintiff was a known criminal who had been arrested on numerous occasions. He had a propensity to try and escape but the police failed to take the necessary precautions to prevent him from escaping. The plaintiff was taken into custody and he attempted to escape by jumping off the second floor. He suffered serious injuries to the head, back and neck and sued the police for negligence or for not taking the necessary precautions to prevent him from escaping. Applying the maxim of ex turpi causa the court denied the plaintiff's claim.
In Gray v Thames Trains (2009) the plaintiff suffered serious injuries in a rail crash but despite that went on to kill another person. The plaintiff was subsequently detained in a facility for the mentally ill and while in detention he brought an action to claim damages for the injuries that he had sustained. The plaintiff's claim was denied and the maxim of ex turpi causa was applied.
In Joyce v O'Brien & Tradex Insurance (2013) two men after committing a burglary tried to make a getaway in a van. The plaintiff fell off the van while they were trying to escape and sued his uncle, the driver of the van, for negligence. The uncle pleaded guilty to driving dangerously. The plaintiff was unsuccessful. The court held that, given the severity of the offence, the doctrine of ex turpi causa would apply. The plaintiff cannot recover damages for injuries that are a consequence of his own criminal act.
Tort XXXV – Remoteness IV
In McGhee v National Coal Board (1972) the plaintiff worked in the defendants' brick factory and though in the initial stages he was exposed to only small quantities of dust he was later asked to work in brick kilns and was exposed to hot abrasive dust.
The defendants did not have adequate washing facilities available and the plaintiff had to cycle home, after at least eight hours of toiling in the brick kilns, to have a wash. As a result, the plaintiff contracted dermatitis and he sued.
The court held that the defendants had breached their duty by failing to provide adequate washing and cleaning facilities and it does not matter that there may have been other factors that could have or may have impacted the onset of the illness. The prime factor or the major factor that had caused the plaintiff's illness was the defendants negligence and therefore the defendants were liable.
In Holtby v Brigham & Cowan (2000) the plaintiff worked as a marine fitter and during the course of his employment he was exposed to asbestos dust and as a result suffered from asbestosis – a chronic long-term lung condition. The plaintiff brought an action against the defendants, his employers at the time. The court held that while the defendants were liable, they were liable only for the period that the plaintiff was working for the defendants.
During the trial, it had come to light that the plaintiff had also been working for other employers and the nature of his work or employment brought him in contact with asbestos dust and this too could have contributed to his illness. As a result, the damages that were awarded were reduced accordingly.
Would the plaintiff have been better off if he had brought an action again all his previous employers because he was working in similar conditions all the time, along the lines of Fitzgerald v Lane (1987), and allowed the courts the opportunity to apportion liability accordingly?
In Heil v Rankin and another (2000) we look at other causes that exacerbate an illness or a previous injury that is still operating and the prior operating illness or injury aggravates a new illness or injury. The plaintiff was a dog handler with the police force and in 1987 he was exposed to a serious crime which left him deeply scarred. In 1993, he was involved in another incident with the defendant which was minor compared to the incident that he was involved in, in 1987, but the injury he sustained as a result of the new incident was aggravated or exacerbated by the previous illness and as a result he was no longer able to continue with the police force.
The plaintiff sued and the court had to decide the extent of the defendant's liability. Did the thin skull rule i.e. the rule that you take your victim as you find them, apply in this instance? – in which case the defendant would be liable for the full extent of the injury or illness or was it a matter of apportioning liability to the extent of the defendant's wrongdoing?
The court decided that it was the latter, after taking into account the fact that the plaintiff would also be conferred retirement benefits and other benefits that he was entitled to as a result of retiring with full honors from the police force. In this instance, it was not a matter of under compensating the plaintiff but rather a matter of over compensating him.
In Alcoa Minerals v Broderick (2000) we once again have an opportunity to the examine the liability owed by companies and factories with regards and reference to environmental damage. The defendants were owners of a smelting factory and since 1972 the factory had released pollutants into the air caused by smelting works done in their factory. The pollutants were corrosive and caused damaged to the zinc panels on the roof of the plaintiff's house.
The court in line with the decision in Margereson & Hancock v JW Roberts Ltd (1996) held that the plaintiff was entitled to claim. However, by the time the matter had come to trial the cost of repairs, propelled by inflation, had quadrupled. The question before the courts was whether the damages that were accorded should correspond with the date of the breach or should the damages correspond with the costs at the time the matter came to trial?
The court held that the general rule was that damages were normally accorded in relation to the date of the breach but this rule was subject to exceptions especially when it would lead to injustice and would result in a decision that was inequitable. Taking into account the defendant's impecuniosity, the court awarded damages in accordance with the costs at the time the matter came to trial and not according to when the breach occurred.
Tort XXXIV – Remoteness III
In Crossley v Rawlinson (1981) we once again examine the duty that is owed to a rescuer. The defendant was driving a lorry and while he was on the road a tarpaulin on the back of the lorry caught fire. At the time, the defendant was about 100 meters away from an AA station and an AA patrolman caught sight of the fire. The patrolman grabbed a fire extinguisher and rushed to the rescue but he stepped in a pothole and fell and as a result sustained injuries. The plaintiff sued.
The court held that while it was foreseeable that the fire would prompt a rescuer to come to the aid of the defendant it was unforeseeable that the rescuer would step in a pothole, trip, fall and sustain some form of injury. The court held that the damage was too remote and the plaintiff was unable to claim.
Would the plaintiff have been successful if he'd brought an action against the council whose duty it was to maintain the roads instead of the defendant? As per the decisions in Stovin v Wise (1996) and Gorringe v Calderdale Metropolitan Borough Council (2004) the chances are that the council would not have been held liable but if the plaintiff had fallen into a manhole that was left open because of the negligence of council workers then the plaintiff would most likely be entitled to claim see Hughes v Lord Advocate (1963). Likewise, if the plaintiff had stepped into a hole that was left uncovered after works were done, the plaintiff would also be entitled to claim see Haley v London Electricity Board (1965).
In Ward v Cannock Chase DC (1985) the plaintiff owned a terraced house adjoining a row of terraced houses and some land adjoining the terraced house. As a result of a change in council policy the area was industrialized and many of the terraced houses were vacated and left empty.
The houses were subsequently broken into by vandals and the building materials that were used to construct the houses like tiles were stolen and the condition of the houses deteriorated with time.
Because of continued vandalism the rear wall of the house adjoining the plaintiff's house collapsed causing damage to the roof of the plaintiff's house. The council rehoused the plaintiff without repairing the roof of the plaintiff's house and while the plaintiff was away, thieves broke into the plaintiff's house and stole items belonging to the plaintiff. The plaintiff sued and the council admitted negligence.
The question before the court was to determine the scope of the council's liability. The court held that it was foreseeable that the damage to the adjoining house would cause some damage to the plaintiff's house and therefore the plaintiff was entitled to be compensated accordingly. However, the plaintiff also had a responsibility to secure his chattels and belongings and his failure to do so negated the council's liability and hence the council was not liable for the items that were stolen and was only liable for damage caused to the house.
In Fitzgerald v Lane (1987) the plaintiff was walking down a pelican crossing when the light for pedestrians turned red. He was hit by the first defendant's car and thrown on to the path of the second defendant's car. The plaintiff suffered severe injuries especially to the neck resulting in partial tetraplegia. Because it was impossible to determine which of the defendants caused the injury an action was brought against both defendants.
It was held that because it was impossible to determine which of the defendants had caused the injury, the defendants were jointly liable. The damages were however reduced by one third in line with s1(1) of the Law Reform (Contributory Negligence) Act 1945 – Where any person suffers damage as the result partly of his own fault and partly of the fault of any other person or persons, a claim in respect of that damage shall not be defeated by reason of the fault of the person suffering the damage, but the damages recoverable in respect thereof shall be reduced to such extent as the court thinks just and equitable having regard to the claimant's share in the responsibility for the damage. Both the defendants were required to pay one third each as compensation for the injury suffered by the plaintiff.

redpajama_set_name: RedPajamaCommonCrawl