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Question

Mass Production Effects on Contemporary Societies

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.

Expert Solution

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>. 

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