In Donoghue v Stevenson (1932) Lord Atkin attempted to create a basic Essay

In Donoghue v Stevenson (1932) Lord Atkin attempted to create a basic principle which could be used in all cases to decide whether or not duty of care is owed t - Essay Example of Murphy v Brentwood DC3 overruled this two fold test laid out in Anns and the liability of a violater of a duty of care was assumed to go beyond merely monetary considerations. This is what finally led to the development of the duty of care owed by every person towards another as laid out in the case of Caparo v Dickman4, which is the foundation of most tort cases today, with some contractual breaches also falling under the tortious breach of duty of care. The case of Donaghue v Stevenson5 was one of the first cases to establish the fact that remedies could exist in tort on the basis that all owe â€Å"a duty of care† to â€Å"their neighbor† and Lord Tomlin stated that â€Å"†¦acts or omissions which any moral code would censure cannot in a practical world be treated so as to give a right to every person injured by them to demand relief.† On the basis of a moral principle that every person owes a duty to other people because they are neighbours, Lord Atkin refined this further by clarifying a duty of care that one owes to a neighbor as follows: â€Å"The rule that you are to love your neighbour becomes in law, you must not injure your neighbour†¦.you must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.†6 The case of Donaghue laid out the general principle that since every person owed others a duty of care based upon the fact that they were neighbors, therefore any breach of that duty could prove to be adequate grounds for seeking damages. However, the criteria and qualifications of this duty of care were explored in the economic context in the case of Anns v Merton Borough London Council7 wherein it was held that economic losses caused by a breach of contract that occurred through negligence would be valid and actionable under tort law. A two way test was set out in this case as follows: (a) was there a sufficient neighbour relationship or a level of proximity between the two

Ethics Assignment Example | Topics and Well Written Essays - 2000 words

Ethics - Assignment Example The common form of genetic manipulation involves the insertion of new genetic material to a place that’s not specified in the host genome. This is done by isolating and copying the genetic material of interest by using molecular cloning methods in order to come up with a DNA sequence that contain the necessary genetic elements for expression. The construct is then inserted into the host organism. There exist other forms of genetic engineering such as gene targeting and knocking out of specific genes through engineered nucleases (Lemaux, 2006). Cloning though not considered genetic engineering or modification is closely related and genetic engineering has been seen to be used within it. Synthetic biology on the other hand is a discipline that is emerging where there is an introduction of artificially synthesized genetic material from raw materials into an organism. There are many resultants of genetic manipulations. When genetic materials from other species of organisms are add ed to a host the outcome is called a transgenic. When genes from same species that can interbreed are added to the result is a cisgenic. When genetic material is used to remove genetic material from another organism it results in a knockout organism (Lemaux, 2006). The process of genetic manipulation The first stage in genetic engineering is isolation of the gene. ... The third stage is called gene targeting where the gene is inserted in the host genome. The most common technique for doing his is random placement. Other techniques involve placing the gene in specific locations. Gene targeting uses is known to use homologous recombination to target desired changes to a specified endogenous gene (Beardmore & Porter, 2003). The fourth stage is called transformation and this is where the DNA is moved into an organism thereby altering its genotype or genetic makeup. There are various types of transformations but the most common is the Microinjection-injecting the DNA directly into the cell nucleus using an ultrafine needle. The fifth stage is called selection where the transformed cells are differentiated from the untransformed cells. If a given cell has been transformed successfully it usually contains a marker gene. The selection is done by growing the cell in a chemical that marks the cells that express that gene. The sixth stage is called regenerat ion where the organism is grown from the single transformed cell. In plants it is done through tissue culture while in animals it is done in embryonic cells. The last stage is confirmation and this is where the organism is analyzed to ensure that the genes will be expressed in an appropriate manner in the tissues of the organism. All the above seven steps are followed for successful genetic manipulation (Beardmore & Porter, 2003). Genetic safety There are many safety concerns that are brought about by genetically modified organisms. This has made studies be undertaken in this area to ascertain the extent to which the genetically modified organisms are safe in our environment or are safe for our consumption