This appeal arises from a claim of damages for injuries allegedly sustained by the inhalation of chlorine dioxide vapors by an employee of an independent contractor hired to make repairs on a leaking flange at a paper mill. Wallace Dyall, an employee of Industrial Pipe and Plastic, Inc. ("IPP"), and his wife, Deanna Dyall (collectively, "Dyall"), sued the owner of the mill, Simpson Pasadena Paper Company ("Simpson"), asserting claims for negligence, gross negligence, and negligence per se. Simpson filed for summary judgment, arguing that it exercised no control over the repairs being done on its property, and thus, under Chapter 95 of the Texas Civil Practice and Remedies Code, could not be held liable. The trial court granted a take-nothing summary judgment in favor of Simpson. On original submission, a divided panel of this court affirmed the trial court's judgment. On rehearing, a divided panel again affirmed the trial

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*693court's judgment. On rehearing en banc, we withdraw our panel opinion on rehearing of July 17, 2003, and substitute the following majority and dissenting opinions.

additional questions

11. The court system in Kenya is used to pass judgement to the wrongdoers based on their offence. Summarize, five grounds upon which a judge of a superior court might be removed from office.

12. Judicial precedent is a legal system governing most countries state affairs for efficient governing of it. List some arguments for and against the system of judicial precedent (judicial activism) within any legal system.

13. There are some legal expressions used in creation of precedents since they are the major contributing factor to its wellbeing. Therefore, distinguish legal expressions in precedent creation (ratio decidendi and obiter dicta.)

14. Doctrine of precedents is mostly used in most states in operation of their legal system due to their efficiency in their mode of work. In relation to so, explain three main methods of their operation within a legal system.

15. Law mainly focuses on the rules and regulations that guide human conduct or behavior so if you had been injured by a defendant's breach of duty to care thereby causing injury or damage to your property or person, under which law would you prefer to take action and why?

16. Law of torts is categorized into different types such as tort of negligence, therefore what must the plaintiff establish in a cause of action under the tort of negligence against the defendant in order to be successful?

17. In studying law there are various case law which are used as examples and they state the penalty given when not abiding by them. Therefore, why did Donoghue not sue in contract or under the sales of goods legislation in the case of Donoghue verses Stevenson (1932) AC 562 at 580 (manufacturer)?

18. Facts and law in a negligence are governed by various case which are used to elaborate on their occurrence and their structure in law. With so list some examples of that that constitutes questions based on both, fact and law in a negligence case.

19. According to law, it is used to guide human conduct and are enforced to be abided by in real life situation. List and explain four aspects of your daily life which would be drastically different if the law of contract could not be used to enforce promises.

20. According to the postal acceptance rule, where the parties contemplate the use of the post as a method of communication, an acceptance to an offer is deemed to be effective as soon as it is posted. Why do you think the courts originally developed this postal acceptance rule? Do you think those reasons are still valid today?