Tort law Essay Example | Topics and Well Written Essays - 2000 words

Tort law - Essay Example The following sections of this assessment are specifically going to focus on the relevant statutes that can be inferred when negotiating for a settlement as well as remedies. Case list and relevant statutes Briefly outline any cases/statutes you have researched in this area which are relevant to our client’s claim. This should be more than just a bulleted list. Basically, tort law commonly refers to a civil wrong not arising from a contract and in the case of negligence, everyone has a duty of care owed to the neighbour (Capiro Industries vs. Dickman 1990). Cooke (2010) suggests that a remedy can be given in the form of compensation where the plaintiff can prove beyond reasonable doubt that the defendant owed duty of care in the event of injury. Thus, in case of tort law, specific duties apply to everyone and are imposed by the law. According to Terry & Giugni (2009), there are four elements of the tort of negligence that have to be proved by the plaintiff and these include th e following: there is need to prove that the defendant owed the plaintiff a duty of care, the defendant breached that duty by falling below expected standards, the defendant’s conduct caused the plaintiff to suffer physical or economic harm (causation) and the harm suffered by the plaintiff was reasonably foreseeable (remoteness). Under common law, duty of care must be observed whereby the breach of such duty, causation of damage, remoteness of damage and the defences would be taken into account as illustrated in the following cases below. Facts The case of Murphy v Brentwood[1991] 1 A.C. 398 can be used to establish the duty care owed by the contractors in the construction industry. Issue Were defendants negligent? Rule They were negligent because they did not take into account safety precautions when constructing the house. In our case, we did not constantly check the state of condition of our buildings. Analysis The court found that the engineers as well as contractors wer e negligent when they failed to take necessary measures to ensure that they construct a solid foundation of the house. In the case of Blyth v Birmingham Water Works Company, the facts are as follows; the defendants installed a fire plug near the plaintiff’s house that leaked during a severe frost, causing water damage and the jury found the defendant negligent, and the defendant appealed. Issue Were the defendants negligent? Rule Defendants can only be negligent when they fail to do what a reasonable person can do. Analysis This was an accident caused by natural causes. The case of Bolam V Friern 1957 also illustrates a case involving negligence but the court ruled in favour of the doctor because he was acting within his profession. In most cases, for a claim to be successful, the four elements mentioned above have to be proved. The Occupiers’ Liability Act (OLA) 1957 is mainly concerned with the duty care owed to the occupiers of a building and these can be classified as employees or visitors. They ought to take into consideration the risk of danger that may prevail. On the other hand, the employer is liable for breach of his duty if he fails to provide his employees with safety as well as safe equipment to use (Wilson and Clyde Coal Co Ltd v English [1938 ] AC 57 (HL) 141). This also includes a duty to

Theory integration on 3 terrorism cases Term Paper

Theory integration on 3 terrorism cases - Term Paper Example The theories on terrorism are also too varied, such as to defy an integrative understanding of the phenomenon. This paper will therefore explain the orthodox and non-orthodox theories on terrorism, applying these to three known cases of terrorism. Analytical discussion will try to show that the hypothesis is valid and relevant. Orthodox terrorism theories Terrorism is a highly debatable issue. Its complexity emanates from the primeval nature of man to sow lethal violence against his kind. It is estimated that the 18th century French Revolution gave impetus to modern terrorism that led to the upsurge of contemporary terrorism with its state, interstate and global dimensions. Thus far, orthodox theories on modern terrorism have been used to understand cases of terrorism, but these have been subjected to debates. In an in-depth analysis, Jason Franks opened up a discussion of the Orthodox Terrorism Theory or theories, proposing a more comprehensive non-orthodox understanding of the phen omenon which be applicable in the many years to come. For Franks, the Orthodox Theory is capable of answering the questions what makes up terrorism and how it can be countered. However, he notes that the Orthodox Theory fails to adequately answer why it happens. ... o coerce and intimidate governments to accept political, religious or ideological objectives, and secondly in defence of the terrorist act as when Hezbollah leader Sheikh Fadlallah described terrorism as â€Å"fighting with special means against aggressor nations in religious and lawful warfare against world imperial powers.† ( Kramer n.p.). The situation shows that it is difficult to establish a sound foundation for research and policy on terrorism. This may also suggest that resolving the phenomenal rise of terrorism may continue to meet difficulties in the times ahead. To be fair, the Orthodox Theory on Terrorism has merits. It comprises the western model of understanding terrorism along the human ideals of liberty, rule of law, and democratic life in society. It is also a practical concept in dealing with acts of terrorism as threats to state authority. The Orthodox Theory has laid down three useful themes on terror acts, namely (a) Functional, as embodied by the Theory of Provocation, or the belief that terrorism aims to provoke a response from a repressive state by means of strategies that will radicalize citizens against government (Laqueur 72) (b) Symbolic or the explanation that terror acts have image- value under the idea of â€Å"terrorism in theatre† (Jenkins 132), and (c) Tactical as terrorists use strategies along short-term objectives such as hijacking, as well as long-term objectives to advancing the broader cause of revolution. In spite of merits derived from the Orthodox understanding of terrorism, Franks perceives that this approach needs to be improved owing to the new terroristic environment which has pushed terrorism beyond the state into interstate and global boundaries. The alternative terrorism theory Improving on the orthodox theory, Franks

No namecan the writer make a name for me Essay Example | Topics and Well Written Essays - 2750 words

Marks and Spencer as One of the Biggest Retail Companies - Essay Example In April 2004, the prospect of the company seemed blurred. The brand of the Marks and Spencer got a great push back and lost its confidence due to the consecutive decline in sales and continual negative PR. The company has started to lose public faith and love and the fear has taken over by Philip Green of Arcadia Group was on the threshold. Rejecting the offer of Mr. Green, Mr. Stuart Rose has restructured the company through promoting its brand and has formulated a method of treatment, which worked in a significant way for the M & S to get back its health. (Thompson, Neal, Threadgould and Trillo, June 30, 2006: 3-4) There were different thoughts on the vulnerability of the company. Analysts told that decline of sales of the company in a continuous basis and lack of enthusiasm for change was mainly responsible behind such weakness whereas the journalist reported that the company listed itself in one of the worst performers among the 100 companies. Besides the customers were also not satisfied with the product of the company. The garments of the company were believed to be old-fashioned. People thought the company might have fallen in the vicious circle of loss. Fall in sales of the M & S in one way led to falling in share price and in another way led to negative captions producing the negative impression in the market. These movements caused to loss of confidence over the company by the customers for the purchase and also by the investors to invest. In this situation when Mr. Green came with his proposal to acquire M & S, the senior team of the company including the new Chief Executive of the company, Mr. Stuart Rose and the Executive Director for Marketing, Store design and Development, Mr. Steven Sharp has formed a new plan regarding the business of the company and successfully crush the proposal of Mr. Green.

Hollifield Family Reunion Essay Example for Free

Hollifield Family Reunion Essay Every year around the last week of July my father’s family all meets for a two day reunion in the small town of Spruce Pine, North Carolina. Hollifield’s have resided in the area for over 100 years! There are many streets named after us and if you’re walking around town some people even notice you’re a Hollifield just by looking at you. Although it is only two days long, the reunion is something I cherish deep in my heart, for it’s the only time I get to see my father’s family. One night in 1974, my grandpa and a few other family members were sitting around reminiscing about their childhood. They were laughing at all the memories and good times they’ve had and all the trouble they got into. My grandpa was telling everyone he had been thinking of a way that everyone could make some time to all come together for a couple days once every year. His uncle told him that they should start a family reunion. So starting in July of 1974 the annual Hollifield reunion began. Everyone gets to the hotel Friday night and gets settled in and reacquainted a lot of hugging, kissing, laughing, and eating. My sister and I get our own hotel room so most of our cousins bring sleeping bags and stay both nights in our room. We talk about what we’ve all done that year, who’s dating who, what kind of cars we’ve bought; we pretty much talk each other’s ears off. The next morning we all get up and find somewhere to eat and walk around town. Downtown Spruce Pine is absolutely beautiful. There are flowers and pine trees growing everywhere, and you can smell all the bakeries and barbeque pits. There are little stores with antiques and instruments, florists, wedding dress shops, and candy stores. It could go from 90 degrees with the sun shining to a humid rain in a matter of minutes. When it rains you can smell it a hundred times better than in California. After we walk through town we get to a huge, long wooden bridge. It’s been there for years and underneath it flows a beautiful creek and a park filled with laughing children frolicking in the sunlight. We normally go to the park and mess  around on everything then make our way to the creek. You have to go down a steep hill made of dirt and freckled with little patches of bright green grass. The boys catch crawdads and crayfish while us girls dip our feet in the clear chilly water and wait for the train to pass. The train is large and used to transport coal and freight. Personally, the train is one of my favorite parts of Spruce Pine. It’s loud yet still soothing and controlled. After a few hours the rest of the family begins to show up at the park with fresh, good old-fashioned southern food. They unload the cars of barbeque, slaw, potatoes, mac and cheese, collard greens, green beans, pasta salads, and more desert than any amount of people should ever consume. Following our meal is the baseball game. The whole family plays and we get chosen randomly for two teams. In the end my grandpa tells us that everyone won and an MVP is chosen from each team who receives a golden trophy of a boy or girl with a tiny body and huge head, holding a baseball bat. We all clean up then head back to the hotel to get swimsuits and drive over to the pool. A few hours into swimming we decide to go to the hotel and shower then all the kids find a place to eat supper. Upon leaving the restaurant someone informs us that the annual hide-n-seek game has begun. We take off running towards the hotel to find a hiding place while the person chosen as â€Å"it† stays and counts for 5 minutes. The game involves a lot of pushing, shoving, screaming, laughing, and those little chills you get when you’ve found a place and you know that any second you could be found. After the game we all head back to my sister and I’s room and hang out. We stay up all night talking about everything that happened, who did the most embarrassing thing, which was the funniest, and other things we had encountered that day. As the night goes by we start to notice our time is almost up. Most of my cousins live in NC so they see each other all the time, but as the hours pass my sister and I notice that our time in NC is almost over; that we’ll have to wait yet another slow, California year before we get back to the peaceful happiness of NC. Around 9 in the morning our cousin’s head back to their rooms to get ready for our last meal together. For breakfast Sunday morning the whole family fills the back room of The Western Sizzler. Western Sizzler may be the best place to get breakfast ever. It’s is 3 large buffet tables covered in bacon, sausage, ham, eggs,  fruit, veggies, pancakes, waffles, biscuits and gravy, yogurt, granola, hash browns, country potatoes, varieties of juices, milks, sodas. And at the end there is a huge dessert bar. We eat and talk and talk and eat. And eat some more†¦ and then a little bit more. We catch up with some of the older members of the family and tell them what we did all weekend. My aunt Vicki walks around and takes millions of pictures with her big nice camera that has a flash that could blind the whole family at the same time. When everyone has finished my grandpa stands up and talks about all the great things that have gone on during the weekend, all the graduates and birthdays, all the births and deaths. We end the reunion by hugging and some crying (I won’t lie; Ià ¢â‚¬â„¢m one of the criers). If my family had never got the idea to have a reunion, I don’t know when I would ever see them. The reunion brings us together in a quick two day span filled with great food, laughter, and all around happiness. It seems like when we’re all together nothing can go wrong. My cousins and I have vowed that when our time comes, we will carry on the tradition of the Hollifield Family Reunion until the day we die.

A Brief Description Of The Kuwait Culture

A Brief Description Of The Kuwait Culture Culture consists of behaviors, beliefs, and language among other characteristics that are common to people who are members of a particular society or group (Peterson 2008). Through the culture, people conform to societys shared values, define themselves and contribute to the society that they find themselves in. every culture has its own distinct characteristics that differentiates it from the others. One of such culture of the world is the Kuwait culture. This culture exists in the Middle East which borders the Persian Gulf, sandwiched between Saudi Arabia and Iraq. This research will endeavor to focus on cultural aspects of the people of Kuwait drawing similarities and differences with the Australian culture. The main aspects of culture that this research will focus on include religious beliefs, language and appropriate cultural behaviors governing interactions. A Brief Description of the Kuwait Culture The Kuwaiti culture is dominant in Kuwait where the people originate. These people have a unique culture especially given the fact that the country was never colonized. This means that the culture was never exposed to dilution that comes with colonization. The people have therefore been free with regard to managing their affairs and develop their unique cultural characteristics. Kuwait is therefore touted as the Arab worlds cultural city (Brown 2004). This culture places a lot of emphasis on the family units role in passing values from one generation to the next. This contributed in developing a close knit culture that has retained a distinct identity to this day. Similarities and Differences between the Australian and Kuwaitis Culture The Kuwait and Australian cultures have very differing religious beliefs. The Kuwait culture is dominated by the Islamic faith while the Australian culture is dominated by the Christian religious faith. The Islam faith governs the Kuwaitis personal lives. According to their religious belief, Prophet Mohammad was the last of Gods emissaries to bring revelation to all mankind. According to this faith, the people are supposed to fast and pray especially during the holy month of Ramadan. On the other hand, the Australian culture mainly practices the Christian faith. Prayer and fasting are not coordinated. Even though they engage in fasting, it is left on every individual to decide if and when to do it. There are no specific times when people are obliged to fast and pray. According to the Kuwaitis Islam faith that characterizes their culture people are obliged to pray five times a day. On the other hand, according to the Australian Christian religion that characterizes their culture, ther e are no obligations as to the number of times an individual is supposed to pray. The holy day for the Australian people is on a Sunday while that for people in Kuwait its on Friday. The other aspect that differentiates two the cultures is the language. The first difference relates to the dominant languages used in the two cultures. In the Kuwaitis culture, Arabic is the dominant language (NEA 2005). Arabic is used in usual conversations in social settings. Most importantly, the language is most important in the religion. Arabic is important to the people as they learn their Islamic doctrines through the language. On the other hand, in the Australian culture, the dominant language is English (Department of Foreign Affairs 2011). Unlike in the Kuwaitis culture, there is no heavy link between understanding the language and religion. The Australian English is heavily characterized by slang and shortening of words. The people have a penchant for shortening words and giving new names to people and animals. It may be difficult to get the meaning of their conversations if one is not conversant with the connotations attached in their slang language. The first example of their slang is You right? which meaning if you need any assistance. The other example of a slang that characterizes their language is good on ya. This slang means well done. One similarity with relation to language as an aspect of culture is that both cultures use English. The English language spoken in Kuwait is not characterized by abbreviation and shortening as in Australia. Even though Arabic is the main language of communication in Kuwait, English is sometimes used and is the second compulsory language in schools. The Kuwait people use English widely for business purposes just as their Australian counterparts. The other aspect of the culture relates to the manner of greetings. The two cultures have differences in their manner of greetings. To begin with, in the Kuwait culture, greetings in form of a handshake are normally restricted to people of the same sex (Maria Spilling 2008). This is different from the Australian culture where people of different sexes can shake hands. The other difference relates to the enthusiasm. In most cases, greetings in the Kuwaitis culture are given with a lot of enthusiasm. The greetings are supposed to deeply express an individuals pleasure of meeting again. This is different from the Australian culture where greetings with as much enthusiasm. The other difference relates to the exchanges that go with the greetings. In the Kuwait culture, the Kuwaitis take the time in the course of the greetings to find about the other persons family, health, acquaintances, mutual friends and all matters that are of general interest. This is different from the Australian cu lture where greetings are generally relaxed. Greetings may just entail a simple hello (Kwint 2011). In formal settings, greeting entails just good morning or good afternoon depending on the time of the day. One similarity about the two cultures in terms of greetings is the fact that a handshake forms part of their greetings albeit for people of the same sex in the Kuwaitis culture. The other key difference relates to gender separation among members of the society. There Kuwait culture has strict interaction expectations among the member of its community as opposed to the relaxed Australian approach. In Kuwaits culture, men and women gather separately during social functions such as marriage dinners and parties. This is different in the Australian culture as men and women are allowed to interact freely with each other. Among the Kuwaitis, people of the same sex constantly show a lot of affection and friendliness. In fact, it is common for a man to kiss another man in the cheek (UFL 2011). In contrast, among the Australians men cannot kiss another man on their cheek. This practice may be there among females but not in Australian men. In the Kuwaitis culture, it is considered impolite for a man to kiss a lady on the cheek. This is regardless of how much friendly they are. This is very different from the Australian culture when it is common for a man to show affect ion to a woman through a kiss on the cheek. In a nutshell, there are huge gender boundaries in Kuwait than in the Australian culture. The Australian and Kuwaitis religion culture guides the people in their every day life. Although the two cultures have different religions, the ideals they advocate are the same. In Kuwait, religion is based on respect and tolerance. This helps people to live and coexist in peace despite tensions that may arise in the course of their every day life. Religion guides the people in their social and even political activities. In the Australian culture, the church also emphasizes on tolerance on other people view points. The Australian cultural perspective in relation to God is that of a transcendent and perception of an interventionist. The perception of the Australian culture of God is based on the security and strength of the mateship myth (Porta 2007). This indicates reliance in God among the Australians in their day to day life. As a result, both cultures have a lot of reliance on religion in their everyday life. The family plays an important role in learning of its members of the Australian and Kuwaitis culture. The family offers the initial learning environment for the infants. In the Kuwait culture, the family is held with a lot of respect (Lairi 2009). The young are taught how to behave and respect the older people. This is the same with the Australian culture where parents and members of the immediate family have the responsibility of laying the foundation for their young ones. They have to ensure appropriate behavior that project positively to the whole society. Hospitality and contributions are esteemed values in both cultures and are nurtured right from the family level. It is the pride of the family when the child prospers. The similarity in learning environment in both countries is that their language of instruction is English. The main language among the Australian culture is English. The language extends to the learning environments. Instruction is carried out primarily in English which is the uniting language among all the tribes in the culture. Just as in Australia, English is the language of instruction in Kuwait. This is despite the fact that Arabic is the language that is widely used in the normal communications. This is because English is the most popular language in the world and as a result the Kuwait learning environment tries to prepare the learners in a way that they can fit in a world beyond their culture. The difference between Kuwait and Australian learning environment relates to cultural diversity. The learning environment in Australia is more culturally diverse than that in Kuwait. The Australian system has many foreign students from all parts of the world. As a result, there is a conglomeration of cultures in the learning environment. Students therefore have to learn to accommodate each other and be more adaptable. On the other hand, the learning environment in Kuwait is not as diverse. There are fewer foreigners and therefore the learning environment is dominated by people who share many aspects of the same culture. Conclusion Australia and Kuwait are two cultures that share some similarities and differences. This research has found that there are more differences than similarities between the two. One of the factors that define a culture is its religious beliefs. While the Kuwaitis culture gravitates towards Muslim practices, the Australian culture leans towards Christianity. The other aspect that distinguishes the two cultures is language. The main language among the Kuwaitis is Arabic that in the Australian one is English. Gender separation is the other cultural aspect that differentiates the two. While the Australian culture allows for free interaction of people of different sexes, the Kuwaitis one does not. The manner of greetings is also different between the two cultures. The salient thing is the enthusiasm in the greetings among the Kuwaitis something missing in the Australian culture. The first similarity between the two is the fact that religion advocates for tolerance and respect for others. Add itionally, the family plays a critical role in creating an environment for learning acceptable behavior.

Interpretation of Muirs Horses Essay -- Muir Horses Essays

Interpretation of Muir's Horses My interpretation of Edwin Muir's poem entitled "Horses" is one of a past memory and the conflict and anger brought about by this memory , a conflict between light and darkness, good and evil in the mind of a elderly dying man, fearing death as he gazes out across a field. The memory being that of a day from his past, where he as a child farm worker watched a team of horses ploughing the stubble back into the field during a rainy day which gets progressively more stormy. The horses making their way to and fro across the field leaving furrows, the setting sunlight breaking through the clouds picking out images in the distance. Images getting darker and more vivid as the horses drew nearer. A symbolic religious conflict being acted out between good and evil with almost mythological qualities, leading to a crescendo of images eventually fading to the old man lamenting and wishing to be as that child, at the beginning of his life with all the purity and innocence that children have. The poem has the distant images of horses as a t...

Chapter Essay

What do you think are the prime advantages and disadvantages of National City Corporation’s virtual tryouts? The advantages of using virtual tryouts are competitive edge against other companies. Allows them to pick candidates better suited for their work environment, allows candidates the knowledge that they are applying for a company that is at the cutting edge of technology and they want to move forward with the times. Unfortunately there are also disadvantages associated with virtual tryouts. Employers may grab the interest of candidates, however if real day to day activities at work do not contain some of the aspects that the virtual test had, then employees will get uninterested and quit. 2. Do you think there would be any EEO concerns regarding this system? I don’t think there would be any EEO issues with this system, otherwise it would not be offered in the market. However I do believe that this new system â€Å"Virtual Tryouts† is not necessarily right for all hiring aspects for every type of position/ company. There are aspects of a perfect employee to company match that a computer test cannot guarantee. Example, you can have a candidate that gets great results in the virtual tryouts given the situation that they are told to address, yet in the real day to day situation of the position they do not do very well, and vice-versa. 3. Would you suggest the company tailor its system for different types of candidates? Yes, I recommend that the company tailor its system for the different types of positions and the different types of candidates required to fill those positions. Chapter 8 Case Study Appraising Employees at the San Diego Zoo. 1. Do you think the San Diego Zoo’s old appraisal system needed to be changed? I think it needed to be changed because before they weren’t taking it seriously and it was a low priority to them. Now with the new system the employees will get raises depending on their performance which in turn will ncrease company performance. 2. What do you think are the pros and cons of using a Web-based appraisal system? The pros of using a web-based appraisal system is that it is convenient because a large group of people can be rated in less time and it will control personal bias. The cons of using a web-based appraisal system is that it gives too little attention to the overall performance of workers and in person interviews are more effective in rewarding or po inting out deficiencies in workers. 3. How do you think the new appraisal system will affect employees and the types of employees who work at the zoo? The new appraisal system will affect employees positively for those employees that are looking to grow with the company and be a part of the growth. When an employee is given targets and goals to reach, then they know what they are working towards and they are aware that if they reach the targets and goals there is a gain for them at the end. With this set, you will get employees that are willing to do the work and the time to get a job done right.