Assignment: Research
Report
Question:
Mass
production of goods and services benefits consumers in contemporary societies.
However, it also increases the risk of loss, damage or injury on a mass scale. Accordingly,
pursuing a class action is critical and should be encouraged.
Critically
analyse this statement.
The research report should be in standard legal style. Students should answer the research report question directly and follow a logical argument. The aim is not to repeat areas of law but rather to develop your own arguments and ideas about the law. Please remember to commence with a clear introduction that explains the development of your argument and defines key terminology or issues that you are seeking to clarify in your argument. The middle section of your report should progress your argument and justify your key points. These arguments should be appropriately referenced using the Australian Guide to Legal Citation (Melbourne University Law Review Association Inc, 4th ed, 2018) and should use footnotes. You should also take into account opposing arguments to your point of view in order to present a balanced view. The final section of your report should contain the conclusion, which summarises the key arguments you have made in your report and may suggest possible future directions for the particular area of law. The overall aim is to present your views in a balanced way. Express your critical thoughts and analysis of your research. Use your own words in the research report. Do not include too many direct quotes. Do not plagiarise information. Students should not use point form or bullet points but rather, show that they can adopt a clear, flowing writing style. Sentences should be short rather than long and wordy and contain commonly used English vocabulary rather than complicated words. Students must also proofread their report carefully before submission to ensure that the arguments are clearly written and that there are no spelling or grammatical errors. A useful book that assists with legal research and writing is Terry Hutchinson, Researching and Writing in Law (Lawbook, 4th ed, 2018).
Please note the following:
· Read the instructions in the Learning Guide and the criteria and standards (below) carefully before you start this assignment.
· Your response must take the form of an essay.
· Ensure that you consider all parts of this assignment.
· As a research assignment, it is expected that your research will include materials beyond the prescribed reading and seminar materials.
· Do not exceed the word limit. While footnotes are not included in the word limit, you should not include in the footnotes material, which ought to be in the body of the report.
· Your report must contain a bibliography.
·Please submit your research report on Turnitin.
· Ensure that you include proper citations. Your method of citation does affect your marks.
·Avoid long quotes in your report.
This task assesses student
performance of the following learning outcomes: Students will:
1. |
Analyse the legal principles and
processes of Australian civil litigation, with a particular focus on the law
in New South Wales, to resolve legal problems. |
4. |
Create a legal document relevant
to civil procedure suited to audience and context. |
Marking criteria and standards for essay (40%)
Standards |
|
Fail |
§ Fails to
identify the key legal issues in the area. Fails to refer to the correct
legal principles. § Fails to
develop any argument. § Fails to
adopt legal research strategies or minimal research strategies. § Poor
written English style. Many spelling and grammar mistakes. § No
references or poor citation. |
Pass |
§ Refers to
the legal principles with some errors or provides a limited summary of the
law. § Structure
and plan of assignment apparent but development is inconsistent. § Demonstrates
limited use of relevant reliable research sources to support argument. § Written
style is generally correct. Acceptable presentation with some mistakes in
spelling or grammar. § Some
references correct and some references incorrect. |
Credit |
§ Refers to
the correct legal principles and indicates an accurate knowledge of the law
in more detail. § Assignment
follows logical sequence with only a few inconsistencies. § Some
evidence of use of relevant reliable research sources to support argument. § Written
style is clear with only a few spelling or grammatical mistakes. § References
mostly correct. |
Distinction |
§ Refers to
the correct legal principles and provides a comprehensive knowledge of the
law. § Assignment
follows logical sequence. § Excellent
evidence of use of relevant reliable research sources to support argument. § Written
style clear and effective. Good use of grammar and punctuation with very few
spelling or grammatical mistakes. § Nearly all
sources referenced correctly. |
High distinction |
§ Refers to
the correct legal principles and provides an in-depth knowledge of the law. § Assignment
follows clear logical sequence. § Extensive
use of relevant reliable research sources to support argument. § Original
insights, outstanding discussions, critical evaluation and synthesis. § Professional
presentation throughout and no spelling or grammatical mistakes. § All sources
referenced correctly. |
1.Introduction
Today, mass production
is employed in various industries, from production to the canning of foods to
the video games industry. It is primarily distinguished by constantly
manufactured standardized goods along a production line. As a result, mass
manufacturing has helped most civilizations develop and is a component of other
significant economic sectors like transit and retail. Companies worldwide know
the many advantages that mass manufacturing provides for businesses and
customers. Nevertheless, mass manufacturing has a lot of drawbacks that go
beyond its applicability to contemporary civilizations. Therefore, it is
critical to analyze the effects of mass production of goods and services on
consumers in contemporary societies to determine the risk of loss and damage
experienced on a mass scale which will help in pursuing a class action.
2.Connection between
mass production and contemporary societies
In most economies'
major industries, manufacturing generates a sizable amount of value annually.
Moreover, the majority of individuals consume mass-produced products daily,
whether it be in their clothing or their drinks[1]. As a result, mass production
has numerous benefits and plays a significant role in contemporary society[2]. However, it is necessary
to ascertain the connection between mass manufacturing and modern society. This
is greatly seen in how the development of society—such as in modern
society—significantly impacts production. influenced by the old industrial
system, which has given way to the contemporary social capitalism of events and
items that are not identical or comparable but aspire to be unique.
3.Benefits of Mass
production in contemporary societies
Mass production
provides advantages for all types of customers. For instance, when businesses
adopt mass production methods, employees do not need to rush about looking for
equipment or supplies, drastically reducing the amount of physical and human
resources needed[3].
Mass manufacturing reduces costs as a result[4]. The product's price
decreases as the quantity increases while increasing the product's quality and
speed of production. Therefore, cost is significantly impacted by production
volume.
Additionally, because
standardized items are produced, mass manufacturing promotes convenience and
effectiveness. This is demonstrated by enabling businesses to set uniform
quality requirements as the technology will consistently produce the same good.
Businesses may provide customers stable, dependable products by mass
manufacturing things to the same specifications[5].They may become more
enticing to customers as a result, as opposed to competing brands that might
not have the capacity for mass manufacturing[6]. Moreover, businesses that
mass manufacture their items can distribute and create huge numbers quickly,
enabling them to offer goods on short notice and service more consumers. As
such, these production units are capable of offering goods for less.
4.Risks and losses of
mass production in contemporary societies
Consumers in modern
cultures profit from the mass manufacturing of products and services. However,
it also raises the likelihood of widespread loss, harm, and destruction. In
factories that create things in large quantities, energy-intensive machinery is
used. As a result, massive energy use and other related social issues have
received international attention. Fossil fuels are common resources that are
expected to be overused in some areas, and policymakers are enacting stringent
laws out of concern for the viability of energy. For instance, legislation
established in parliament requires owners of big commercial structures in
Australia to publish energy efficiency statistics when placing properties up
for sale or leasing[7].
One of the simplest and most affordable methods to cut the country's greenhouse
gas emissions is energy conservation, and the commercial construction sector
can provide some of the least expensive reductions[8]. Quite simply,
manufacturing contributes to pollution[9]. The
hazards to individuals and the surroundings are now made obvious by scaling
this pollution up to meet the demands of mass manufacturing[10]. Therefore,
the energy consumption resulting from mass production is an issue in
contemporary society.
5.Class action against
risks and losses of mass production
Australia must take
part in international initiatives to lessen the effects of climate change, but
there is debate on the most effective ways to do so. A common measure seen in
affected people issuing for class actions[11]. In this specified case,
the members were all scattered around in different geographies and their risks
and injuries hard to measure warranting a class action. The claims were that
the increased air pollution greatly affected the people’s breathing habits[12]. Their complaints were
initially shut down where the companies involved either paid little to no
attention or tried to bribe out the individuals separately depending on the
magnitude of the claim before court. Currently, industrial pollution is still a
problem. For instance, UNESCO claims that almost all manufacturing processes
produce pollutants as by-products and that environmental degradation is rising
globally. As a result, it may be very challenging for people to manage how much
exposure they have to pollution, especially if they live close to industrial
facilities that contribute to it, such as industrial facilities which are a
major contributor to air pollution in Australia[13].
Therefore, comprehensive, understandable, and actionable air quality
regulations must be implemented regardless of where people live to safeguard
everyone's health from source pollutants. Regrettably, Australia now lacks such
regulations, unlike many other nations. Air pollution regulations in this
nation are difficult to understand and frequently depend on average
contaminants over long periods and atmospheric pollution levels[14].
This method is usually inefficient at preserving people's quality of life,
especially those who live close to severely polluting industrial operations.
This is because it overlooks the immediate and concentrated effects of point
source pollution.
Additionally, it has
been noted that various individuals were more susceptible to risk and harm from
the pollution experienced by the massive energy consumption needed to satisfy
the mass production endeavours. As such, a single judicial forum was provided
to litigate the various similar claims presented by the risks and dangers of
mass production. From the members involved, a class representative will be
brought forth against the malfeasance of the defendant[15]. Various pleadings will
be incorporated by both the defendant and the plaintiffs for the Court to
determine what issues are to be determined. This follows the requirements of
pleeadings as per the fundamental rule found in UCPR 14.7[16]. A brief and limited
scope of particulars, interrogatories and discovery of documents will also be
needed to quantify the cause of action for relief claim.
The class action before
certification was required by the court to satisfy four prerequisites. Namely,
they were numerosity, commonality, typicality and adequacy of representation. The
members involved were from the same class (lower middle class) and were
composed of a specific number (50). The joinder of people affected as per the
Uniform Civil Procedure Rules 2005(NSW) necessitated that the originating
process needed to help locate the class members, the size and complexity of the
individuals claims, the ability of the affected plaintiffs to commence a
separate action and the types of claims and relief sought. This is in
accordance with article 6.18 under the Joinder of causes of action[17]. Moreover, referring back
to Phillip Morris Pty Limited v Nixon, it is clear that the categories required
such as a principal applicant who in this case is the class representative, the
class members and sufficient description of class members. Therefore, from the
case, the application for the class action towards deteriorating health
resulting from elevated pollution all met the requirements for article 33C (1)[18]. Additionally, the
members’ claims involved common question of both law and fact. This was
exhibited by the class representative demonstrating that there existed various
questions of fact that were common to the members in regards to the trends of
mass production and the effects of pollution brought about massive energy
consumption. The plea and proof was presented with the requisite degree of
specificity.
Specifically, the class
members demonstrated that they have common claims and that the manner these
claims arose was similar as well. This was in the line of alleged fraudulent
behaviour of corporates in mass production[19]. Audited data was tweaked
to fit the corporate’s intense energy consumption which elevated emission
levels and consequently raised pollution levels. Additionally, mismanagement
and a lack of a corporate social responsibility forum enhanced fraudulent behaviour[20]. This as a common point
created a basis for the injuries experienced by the plaintiffs.
The claims of the class
in questions also had the same interests and allege the same injury. This standard
was satisfied by the class representative demonstrating sufficient connection
between representative claims and those of the class members. The class
representative demonstrated that they would fairly and adequately represent the
interests of the class members, whether absent or present. Companies have taken
the initiative in the interim, recognizing the dangers to their operations and
frequently amid criticism from activist investor groups[21]. Given this context, it
may not surprise that projections of an increase in climate change-related
lawsuits in Australia are beginning to circulate.
6.Conclusion
It is critical to
analyze the effects of mass production of goods and services on consumers in
contemporary societies to determine the risk of loss and damage experienced on
a mass scale which will help in pursuing a class action. In most economies'
major industries, manufacturing generates a sizable amount of value annually.
As a result, mass manufacturing has numerous benefits and plays a significant
role in contemporary society. However, mass production also raises the
likelihood of widespread loss, harm, and destruction. In factories that create
things in large quantities, energy-intensive machinery is used, leading to high
energy consumption and ultimately elevated emission levels, negatively
affecting people's overall health and the surrounding environment. Consequently,
a complaint has been taken; given the issues raised by members of a specified
class and the case will go on as a class action. Therefore, the risks and
losses faced due to mass production are evident in contemporary societies.
BIBLIOGRAPHY
Articles/Books/Reports
Chang, Chun-Ping et al, "Is Higher
Government Efficiency Conducive to Improving Energy Use Efficiency? Evidence from
OECD Countries" (2018) 72 Economic Modelling
Colbran, Stephen et
al, Civil Procedure (7th ed, 2019)
"Futures of the
Study of Culture"
Hanigan, Ivan C. et al, "All-Cause mortality
and long-term exposure to low level air pollution In The ‘45 And Up Study’
Cohort, Sydney, Australia, 2006–2015" (2019) 126 Environment
International
IPPC, "Global Warming of 1.5 ºC
—", Ipcc.Ch https://www.ipcc.ch/sr15/
Kemp, Jonathan, Madeleine McCowage and Faye Wang,
"Towards Net Zero: Implications for Australia of Energy Policies in East
Asia | Bulletin – September Quarter 2021", Reserve Bank of
Australia (Webpage, 2021) https://www.rba.gov.au/publications/bulletin/2021/sep/towards-net-zero-implications-for-australia-of-energy-policies-in-east-asia.html
Knibbs, Luke D. et al, "The Australian Child
Health and air pollution study (ACHAPS): A_National_Population-Based
Cross-Sectional Study of Long-Term Exposure to Outdoor Air Pollution, Asthma,
And Lung Function" (2018) 120 Environment International
Korbel, Andrew, "A New Era of climate change
Litigation In Australia? - Corrs Chambers Westgarth", Corrs Chambers
Westgarth (Webpage, 2019) https://www.corrs.com.au/insights/a-new-era-of-climate-change-litigation-in-australia
Law, Tim and Mark Dewsbury, "The unintended
consequence of building sustainably In Australia" [2018] World
Sustainability Series
Uniform Civil
Procedure, "Uniform Civil Procedure Rules 2005", Www5.Austlii.Edu.Au (Webpage,
2005) http://www.austlii.edu.au/au/legis/nsw/num_reg/ucpr20052005418305.pdf
A. Cases
CCH Pinpoint,
"Philip Morris (Australia) Ltd And Philip Morris Ltd", Pinpoint.Cch.Com.Au (Webpage,
2000) https://pinpoint.cch.com.au/document/legauUio330687sl8771091/nixon-ors-v-philip-morris-australia-ltd-and-philip-morris-ltd-ors
Czachor, Nadia, Ian Wright and Russell Buckley,
"Federal Court Dismisses challenge to the environment minister's decision
to approve Carmichael Coal", Cbp.Com.Au (Webpage, 2017) https://www.cbp.com.au/insights/insights/2017/october/federal-court-dismisses-challenge-to-the-environme
Freire de Mello, Leonardo and Sara Aparecida de
Paula, "Mass market and the rise of consumption" [2019] Encyclopedia
of the UN Sustainable Development Goals
[1] Leonardo Freire de
Mello and Sara Aparecida de Paula, "Mass market and the rise of consumption"
[2019] Encyclopedia of the UN Sustainable Development Goals.
[2] "Futures of The
Study Of Culture."
[3] Leonardo Freire de
Mello and Sara Aparecida de Paula, "Mass Market and the rise of consumption"
[2019] Encyclopedia of the UN Sustainable Development Goals.
[4] Ibid
[5] Ibid
[6] Leonardo Freire de
Mello and Sara Aparecida de Paula, "Mass market and the rise of consumption"
[2019] Encyclopedia of the UN Sustainable Development Goals.
[7] Chun-Ping Chang et al,
"Is Higher Government efficiency conducive to improving energy use efficiency?
Evidence From OECD Countries" (2018) 72 Economic Modelling.
[8] Ivan C. Hanigan et al,
"All-Cause Mortality and long-term exposure to low level air pollution in
The ‘45 and Up Study’ Cohort, Sydney, Australia, 2006–2015" (2019)
126 Environment International.
[9] IPPC, "Global
Warming of 1.5 ºC —", Ipcc.Ch <https://www.ipcc.ch/sr15/>.
[10] Jonathan Kemp,
Madeleine McCowage and Faye Wang, "Towards net zero: Implications for
Australia of energy policies in East Asia | Bulletin – September Quarter
2021", Reserve Bank of Australia (Webpage, 2021)
<https://www.rba.gov.au/publications/bulletin/2021/sep/towards-net-zero-implications-for-australia-of-energy-policies-in-east-asia.html>.
[11] Luke
D. Knibbs et al, "The Australian Child health and air pollution study
(ACHAPS): A National Population-Based Cross-Sectional Study Of Long-Term
Exposure To Outdoor Air Pollution, Asthma, And Lung Function" (2018)
120 Environment International.
[12] Ibid
[13] Ibid
[14] Tim Law and Mark
Dewsbury, "The Unintended consequence of building sustainably in
Australia" [2018] World Sustainability Series.
[15] Stephen Colbran et
al, Civil Procedure (7th ed, 2019).
[16] Uniform Civil
Procedure, "Uniform Civil Procedure Rules 2005", Www5.Austlii.Edu.Au (Webpage,
2005)
<http://www.austlii.edu.au/au/legis/nsw/num_reg/ucpr20052005418305.pdf>.
[17] Uniform
Civil Procedure, "Uniform Civil Procedure Rules 2005", Www5.Austlii.Edu.Au (Webpage,
2005)
<http://www.austlii.edu.au/au/legis/nsw/num_reg/ucpr20052005418305.pdf>.
[18] Stephen Colbran et
al, Civil Procedure (7th ed, 2019).
[19] CCH Pinpoint,
"Philip Morris (Australia) Ltd And Philip Morris Ltd", Pinpoint.Cch.Com.Au (Webpage,
2000)
<https://pinpoint.cch.com.au/document/legauUio330687sl8771091/nixon-ors-v-philip-morris-australia-ltd-and-philip-morris-ltd-ors>.
[20] Ibid
[21] Andrew Korbel, "A
New Era of climate change litigation In Australia? - Corrs Chambers
Westgarth", Corrs Chambers Westgarth (Webpage, 2019)
<https://www.corrs.com.au/insights/a-new-era-of-climate-change-litigation-in-australia>.