BUSINESS LAW

Business Law

Business Law

Question 1

In question 1, the scenario presented related about a Sydney tramway passenger, who got injured due to the negligence of the driver and the tram was collapsed with the other tram. However, in this regard, the argument raised by the plaintiff management was that if the tramway authority implemented an automated system by the name of 'Dead Man's Handle' than the collision must be avoided because the system automatically stopped the tram. In this regard, the author briefly described the dead man's handle in the later part of the paper to give the readers a better understanding.

However, the tramway authority presented the counter argument in this regard was that it could make the drivers dull, tired and inefficient. Similarly, there was no evidence available worldwide that any such system implemented in a two-way tram system. Therefore, as per the author's understanding, the driver and the plaintiff management is responsible for the negligence and it would be difficult for them to get away from it.

Discussion

The author began the discussion with highlighting the importance and benefits of dead man's handle, so that the readers could get a clear idea that what actually the system is;

Dead Man's Handle mainly referred to an old train device, whose main function was that the driver would keep that switch close, in case he suffer any calamity, for example heart attack. In this case, the grip of the driver loosens on the switch and the automatic switch will open and stopped the train. However, the author is of the view that in the given scenario, nothing mentioned that the driver was not enjoying good health; therefore, the negligence is on the behalf of the driver and the plaintiff.

Human Error

In the given scenario, the main reason behind the negligence was the human error. Human error is an extremely common phenomenon. People, regardless of their skill and experience level, discuss mistakes daily. For example a person push door when should pull it, shut the car with the keys in it, take the wrong exit on the highway, pressed the wrong key on the computer keyboard, wrong number in a phone call, say "Alberto" instead of "Humberto" or add salt and sugar to coffee. These are mistakes that people comment every day. Therefore, typical of an error, failing to obtain a desired result or production of an undesirable outcome lead to the human error. Most mistakes people made have little impact and can be corrected quickly. But when those same mistakes are made in complex social systems or technological impact can be very large. These errors can potentially cause high economic losses not to mention injury or death. As in the given case, the human error leads to the serious collision that injured the passenger and this cannot be avoided on any cost (Flin, et. al., 2002, pp. 68-78).

There are numerous documented attempts to define the concept of human error but still no universally accepted ...