Wednesday, November 27, 2019
Free Essays on Puff Daddy
Biography Sean ââ¬Å"Puffyâ⬠Combs has established himself as one of the biggest names in hip-hop (Heal). Combs a Harlem native whose father was killed when he was only 3 years old, rose from the mean streets to the top of the music business (AP wire, March 18). ââ¬Å"It is true that he started from scratch, and I donââ¬â¢t think that because he was arrested, people will stop buying his albums (AP wire, March 18). Before pursuing his career as a vocalist, Combs was a business-minded Howard University student and an intern at Andre Harrellââ¬â¢s Uptown Records. Combs soon became the A&R representative for Uptown. He then began producing for soon to be mega-stars Mary J. Blige, Heavy D., and Jodeci to name a few. After being let go by Uptown Records (for reasons unknown to this day), Combs took his act over to Clive Davisââ¬â¢ Arista Records distribution team in late 1993 (who are rumored to have paid an estimated $75 million dollars to establish his own record label, B ad Boy (Heal). With the deal cemented with Arista, Sean Combs was about to embark on the greatest mission of his life. Turn Bad Boy Records from an unknown label into one of the most powerful world entertainment companies ever to be helmed by someone in their twenties. Strengths One only has to look at the Bad Boy roster of acts and the strong catalog to see that this is one their biggest strengths. They had early success starting in 1994 when Combs released his child hood friends album ââ¬Å"Ready To Dieâ⬠. That childhood friend was none other than Christopher Wallace a.k.a. ââ¬Å"The Notorious B.I.G.â⬠. B.I.Gââ¬â¢s singles ââ¬Å"Juicyâ⬠, ââ¬Å"Warningâ⬠, and, ââ¬Å"Big Poppaâ⬠took the then unknown label to new heights in the spring and summer of 1994 (Heal). Following the platinum success of Biggie and Craig Mack, other known artists clamored to have their songs graced by Combs magic touch. Artists such as New Edition, KRS-One, Mariah Carey, Lil K im and others wanted their re-mixes done by the... Free Essays on Puff Daddy Free Essays on Puff Daddy Biography Sean ââ¬Å"Puffyâ⬠Combs has established himself as one of the biggest names in hip-hop (Heal). Combs a Harlem native whose father was killed when he was only 3 years old, rose from the mean streets to the top of the music business (AP wire, March 18). ââ¬Å"It is true that he started from scratch, and I donââ¬â¢t think that because he was arrested, people will stop buying his albums (AP wire, March 18). Before pursuing his career as a vocalist, Combs was a business-minded Howard University student and an intern at Andre Harrellââ¬â¢s Uptown Records. Combs soon became the A&R representative for Uptown. He then began producing for soon to be mega-stars Mary J. Blige, Heavy D., and Jodeci to name a few. After being let go by Uptown Records (for reasons unknown to this day), Combs took his act over to Clive Davisââ¬â¢ Arista Records distribution team in late 1993 (who are rumored to have paid an estimated $75 million dollars to establish his own record label, B ad Boy (Heal). With the deal cemented with Arista, Sean Combs was about to embark on the greatest mission of his life. Turn Bad Boy Records from an unknown label into one of the most powerful world entertainment companies ever to be helmed by someone in their twenties. Strengths One only has to look at the Bad Boy roster of acts and the strong catalog to see that this is one their biggest strengths. They had early success starting in 1994 when Combs released his child hood friends album ââ¬Å"Ready To Dieâ⬠. That childhood friend was none other than Christopher Wallace a.k.a. ââ¬Å"The Notorious B.I.G.â⬠. B.I.Gââ¬â¢s singles ââ¬Å"Juicyâ⬠, ââ¬Å"Warningâ⬠, and, ââ¬Å"Big Poppaâ⬠took the then unknown label to new heights in the spring and summer of 1994 (Heal). Following the platinum success of Biggie and Craig Mack, other known artists clamored to have their songs graced by Combs magic touch. Artists such as New Edition, KRS-One, Mariah Carey, Lil K im and others wanted their re-mixes done by the...
Saturday, November 23, 2019
Interpreting Statistics and Political Polls
Interpreting Statistics and Political Polls At any given time throughout a political campaign, the media may want to know what the public at large thinks about policies or candidates. One solution would be to ask everyone who they would vote for. This would be costly, time-consuming and infeasible. Another way to determine voter preference is to use a statistical sample. Rather than ask every voter to state his or her preference in candidates, polling research companies poll a relatively small number of people who their favorite candidate is. The members of the statistical sample help to determine the preferences of the entire population. There are good polls and not so good polls, so it is important to ask the following questions when reading any results. Who Was Polled? A candidate makes his or her appeal to the voters because the voters are the ones who cast ballots. Consider the following groups of people: AdultsRegistered votersLikely voters To discern the mood of the public any of these groups may be sampled. However, if the intent of the poll is to predict the winner of an election, the sample should be comprised of registered voters or likely voters. The political composition of the sample sometimes plays a role in interpreting poll results. A sample consisting entirely of registered Republicans would not be good if someone wanted to ask a question about the electorate at large. Since the electorate rarely breaks into 50% registered Republicans and 50% registered Democrats, even this type of sample may not be the best to use. When Was the Poll Conducted? Politics can be fast paced. Within a matter of days, an issue arises, alters the political landscape, then is forgotten by most when some new issue surfaces. What people were talking about on Monday sometimes seems to be a distant memory when Friday comes. News runs faster than ever, however, good polling takes the time to conduct. Major events can take several days to show up in poll results. The dates when a poll was conducted should be noted to determine if current events have had time to affect the numbers of the poll. What Methods Were Used? Suppose that Congress is considering a bill that deals with gun control. Read the following two scenarios and ask which is more likely to accurately determine the public sentiment. A blog asks its readers to click on a box to show their support of the bill. A total of 5000 participate and there is overwhelming rejection of the bill.A polling firm randomly calls 1000 registered voters and asks them about their support of the bill. The firm finds that their respondents are more or less evenly split for and against the bill. Although the first poll has more respondents, they are self-selected. It is likely that the people who would participate are those who have strong opinions. It could even be that the readers of the blog are very like-minded in their opinions (perhaps it is a blog about hunting). The second sample is random, and an independent party has selected the sample. Even though the first poll has a larger sample size, the second sample would be better. How Large Is the Sample? As the discussion above shows, a poll with a larger sample size is not necessarily the better poll. On the other hand, a sample size may be too small to state anything meaningful about public opinion. A random sample of 20 likely voters is too small to determine the direction that the entire U.S. population is leaning on an issue. But how large should the sample be? Associated with the size of the sample is the margin of error. The larger the sample size, the smaller the margin of error. Surprisingly, sample sizes as small as 1000 to 2000 are typically used for polls such as Presidential approval, whose margin of error is within a couple of percentage points. The margin of error could be made as small as desired by using a larger sample, however, this would require a higher cost to conduct the poll. Bringing It All Together The answers to the above questions should help in assessing the accuracy of results in political polls. Not all polls are created equally, and often details are buried in footnotes or omitted entirely in news articles that quote the poll. Thats why its important to be informed on how a poll was designed.
Thursday, November 21, 2019
The Economic Structure Of Trusts And Fiduciary Obligation Essay
The Economic Structure Of Trusts And Fiduciary Obligation - Essay Example The inflexibility of the no conflict rule and the no-profit rule seems hardly fair in the field where discretion requires the utmost flexibility in decision-making. The no-profit rule has also been segregated from the no conflict rule6 and the rationalization of the no-profit rule makes sense. In Swain v Law Society Oliver LJ stated that no profit rule is predicated on the distinct principle that obtaining a profit without authorization is a breach of fiduciary duties because the profit itself is actually trusted property.7 The no-profit rule is therefore not entirely inflexible as trustees may make a profit out of the trust with the proper authorization. 8 However, should a beneficiary complain of a breach of trust pursuant to the no-profit rule, it may be difficult for the trustee to claim that the profit was authorized.9 The no profit rule is intricately tied to the no conflict rule as the operation of the no conflict rule is often applied to the making of profits.10 For instance, in Industrial Development Consultants Ltd. v Cooley it was held that the trustee must account for profits made in his competing business.11 Although the ruling was obviously made pursuant to the no conflict rule, the case clearly related to making profits and thus the no-profit rule. It would, therefore, appear that the no-profit rule is ultimately unnecessary as any conduct amounting to the making of a profit can properly be dealt with under the no conflict rule. As for the no conflict rule, there is considerable debate over whether or not the rule should be stricter or more relaxed or constructed with greater flexibility.12 However, the House of Lordsââ¬â¢ ruling in Boardman v Phipps makes it clear that the no conflict rule is strictly applied.
Wednesday, November 20, 2019
Linguistic interdependence and the educational development of Research Paper
Linguistic interdependence and the educational development of bilingual children - Research Paper Example The assignment will propose a theoretical framework which assigns a central role to the interaction or the interdependence between the factors in explaining the academic as well as cognitive development of bilingual children. The paucity of meaningful data on the effectiveness of bilingual children can be attributed to the case that evaluations have ignored the correlations between the factors. The findings of the previous attempts stated bilingual children performed below expectations on the verbal parts of tests on intelligence and on the academic tasks and the researches and the investigators stated mental confusion and language handicaps to be the behind factors. The ââ¬Å"balance effectâ⬠hypothesis in this genre proposed that a bilingual child paid for the L2 skills by a fall in L1 skills (Cummins, 1979). A mismatch between the language at home and the language at schools leads in retardation in the field of academics. The UNESCO exemplified the hypothesis stating that a child can be best taught in his mother tongue. Some researchers argued that instructions proposed through a medium of weaker language will lead to retardation in the subject matter taught. The researchers studied the inadequacy of both linguistic mismatch hypothesis as well as the hypothesis that bilingualism to be the source of academic and cognitive retardation. The researchers opined that bi lingualism can influence in positive fashion to cognitive and linguistic development. The fine documented achievement of immersion programs for the linguistic programs is far from being inconsistent without the simplistic notion that mismatch in linguistics can cause academic retardation. It is not surprising that educators re-examined the assumptions behind the underlying bilingual education and have emphasized the socio cultural as well as the school program variables rather than the factors on linguistics. The recent reviews on the perspectives of linguistics
Sunday, November 17, 2019
FCC to Fine ABC of Naked Butt on NYPD Blue Essay Example for Free
FCC to Fine ABC of Naked Butt on NYPD Blue Essay All businesses have a social responsibility to their consumers and to the nation that allows them the freedom to operate, and broadcasters are not exempt.à Broadcasters should mirror the morals of their viewing audience in their programming.à Consider the morals of the average American television viewing audience.à Also consider what these viewers demand out of the shows they watch.à If the viewers want to see sex and sexual innuendo, then that is what the broadcaster will provide. à à à à à à à à à à à Is this really that bad an offense, or is ABC being made and example of for the rest of the industry?à Look at the recent news coverage of Britney spears getting in a car with no underwear and the camera showing it in plain view. à A fine should be issued for that as well.à Unless some agency starts issuing fines for acts of indecency in everyday life, what is shown on network television will only get worse. Casino Hit with Complaint à à à à à à à à à à à Yes, there is a social obligation relating to marketing.à The purpose of marketing is not only to sell products and services, but to educate potential consumers about the benefits of the products and services.à This casino advertising should state the benefit of having two wives or of a night of cheating on the spouse that outweighs the legal (and possible health)à consequences.à The near obscene level of advertising really should not be necessary for a gambling casino.à Gamblers go to casinos because they want to gamble, not for a sexual experience.à If there is more sex going on than gambling at Hard Rock Casino, perhaps it is time to consider some significant actions against their operating license.
Friday, November 15, 2019
Chaucers Canterbury Tales - Knights Tale :: Chaucer Knights Tale Essays
In his prologue, Chaucer introduces all of the characters who are involved in this fictional journey and who will tell the tales. One of the most interesting of the characters introduced is the Knight. Chaucer refers to the Knight as ââ¬Å"a most distinguished manâ⬠and, indeed, his sketch of the Knight is highly complimentary.à Another Knight seen in the ââ¬Å"Canterbury Talesâ⬠is the rapist knight in the Wife of Bathââ¬â¢s Tale, who is not a very noble knight and doesnââ¬â¢t follow a chivalric code. This knight seems more realistic as opposed to the stereotypical ideal knight that Chaucer describes in the Prologue. It is hard to believe that such aà perfect knight existed during that time. à à à à Today we look back at knighthood, chivalry, and ââ¬Å"curteisyeâ⬠as romantic and unreal. It is true that a code ofà behavior did exist, and Chaucer presents the Knight as a real representative of the code. However the Knight in the Wife of Baths tale, is the complete opposite of this one, and violates all of the rules of Knighthood. By way of contrast the Knight in The Wife of Bathââ¬â¢s Tale is more common during the Middle Ages, and stories of rape by knights were not uncommon. Chaucer goes against the normal chivalric ideal of a knight by presenting a knight as he really might have been, which is the knight presented in The Wife of Bathââ¬â¢s Tale. As all of the different tales reflect back on the characters of the pilgrims who tell them, the ideas in the Knightââ¬â¢s Tale are reflected back on the Knight.à His tale is a tale of ideal love and chivalry, and fits the character of the Knight. Furthermore, fitting the Knightââ¬â¢s character, his tale has no incidents of vulgarity, the love is a clean love, with no hint of sensuality. The love exists on a high, platonic level.à In the article ââ¬Å"Costume Rhetoric in the Knightââ¬â¢s Portrait:à Chaucerââ¬â¢s Every-Knight and his Bismotered Gyphon,â⬠by Laura F. Hodges, featured in the April 1995 edition of the Chaucer Review, Hodges examines the reasons behind Chaucerââ¬â¢s decisions on the clothing of his Knight. Hodges said that the fact that the Knight was wearing soiled clothing is an allusion to the fact that the knight was soiled religiously. However I think his shirt was ââ¬Å"much stainedâ⬠by where the armor had left his mark, and he just arrived from service and went directly on his pilgrimage.
Tuesday, November 12, 2019
Effects of Gadgets
UNIVERSITY OF PANGASINAN PHINMA EDUCATION NETWORK DAGUPAN CITY EFFECTS OF GADGETS TO STUDENTS STUDYING HABITS SUBMITTED BY 2BSN-1 CASILANG, JAY BRYANT E. DUNGO, ELJOHN F. GARCIA, ROLLEX JOHN MACARAEG, JETHRO RJ ORPILLA, JEFFERSON AGUSTIN, SHAIRA IGLESIAS, GEE ANN CASTILLO, MARWILL JORDAN CUSTODIO, JEREMIAS TABLE OF CONTENTS RATIONALE STATEMENT OF THE PROBLEM BRIEF METHODOLOGY RESULTS DISCUSSION APPENDICES END NOTES BIBLIOGRAPHY RATIONALESeveral studies and reports show that the tremendous use of technological peripherals or we popularly call as ââ¬Å"gadgetsâ⬠have effects to the different aspects of our human body ââ¬â physically, mentally, emotionally and even spiritually. Aà gadgetà is usually referred to as ââ¬Å"a small tool such as a machine that has a particular function, but is often thought of as a noveltyâ⬠. The definition states that ââ¬Å"it has a particular functionâ⬠which means it can perform particular tasks. Nowadays, these widgets are used for several purposes just like PSP which is used for gaming and also for picture viewing.With the development of Internet and the growth of applications, many features are installed on the new gadgets today which also implies that gadgets have increased their functions. These features attracts the people to purchase them which now leads to the prevalence of gadget in the world principally they are cheaper presently compared to the past years. Undeniably, these gadgets became a necessity in life thatââ¬â¢s why they canââ¬â¢t be easily pull away from everyone. These devices brought fun and excitement, better communication and virtual gaming which makes it more interactive to everyone.One of these gadgets is the computer. In todayââ¬â¢s modern times, computers are seen almost everywhere we go just like establishments, offices, businesses and schools. With the power of modern technology, these computers created a big difference to the world today compared to the past years. At that time when computers are not yet invented, there is no such thing we call as ââ¬Å"automationâ⬠. All works are done manually, time and energy consuming. Just like in creating a simple document, we used pen and paper to write an article or any other paper works.But with the existence of computers, you just need to click the word processing program icon to prepare your medium for writing and you can immediately start typing the characters. It is also free from erasure because of the undo feature included on it. These computers are built to make works easier, faster and lighter. Undeniably, students are also benefited to the existence of computers. During those years when computer is not yet present, students are dependent to books and libraries when it comes to making their home works and paper works.But as the years passed by, students in the library got fewer because they spend their time doing their works in computer or in their own personal computer. Now in the present t ime, the age of modern technology, where almost everything is high-tech, computer technologies has greatly improved and has had become better. These days, the computer technology industry is rapidly growing and changing. Internet are now used on these widgets which become a factor which makes studying fun and easy. With just a single click, all you are searching for will be presented ithout wasting your energy looking for references. However, users of gadgets are becoming addicted in using their devices or being overexposed without knowing the effects it may give to them. According to an article of IndiaStudyChannel. com (2010), ââ¬Å"Several studies and researches have suggested about the various harmful effects gadgets have on human health. Have you ever imagined that why after watching Television for a long time you tend to feel tired and your eyes strained? Sometimes even listening to music from earphones for a long time can cause pain in the ears. In our society nowadays, many youths which are mostly composed of high percentage of students are addicted especially to social networking sites like Facebook and games like Defense of the Ancients. Whatââ¬â¢s alarming about these things is that students spend most of their time socializing, gaming and they just reserved a little time for studying their lessons. A reason why students are having difficulty when it comes to school works. Their school performances are getting weak reason why they get low grades. Computer addiction is a huge problem for most students.They procrastinate their works because they donââ¬â¢t notice their time is running fast while they are in front of it. We know that computer and all other gadgets are made to make life easier and enjoyable and all we are searching are attached in this machine. But despite of this factor, the students still get low grades and have weak performance in school. Thatââ¬â¢s why there is a need for research about this study to find out the effects of computers to studentsââ¬â¢ studying habits and the solutions for any dilemma that will present to the results of this research. STATEMENT OF THE PROBLEM Topic: ââ¬Å"Effects of Gadgets to Studentsââ¬â¢ Studying Habitsâ⬠The effects of using gadgets affecting the studentsââ¬â¢ studying habits disturbed the attention of the researchers because of the fast growing innovations of gadgets nowadays, especially these peripherals are now dominating the world including the field of education. The researchers are mainly concerned with the effects of the gadgets to studentsââ¬â¢ studying habits and also the solutions to any dilemma that will be present after the results of this research are already been shown. And the most important part of the research, to collect information about the common effects of gadgets to studentsââ¬â¢ studying habits. BRIEF MEHODOLGY
Sunday, November 10, 2019
Two Peg Test
FIELD WORK TITLE FIELD WORK TITLE Two peg test INTRODUCTION INTRODUCTION Two Peg Test is a surveying operation carried out to determine whether the leveling bubble and telescope line of sight are parallel. OBJECTIVE OBJECTIVE Peg Test is a surveying operation carried out to determine if the leveling bubble (bubble axis) and telescope line-of-sight (line of collimation) are parallel. TOOLS TOOLS Dumpy levelTripod Staff Tape Bubble staff FIELD WORK PROCEDURE FIELD WORK PROCEDURE . Each group is required to perform a peg test to check the instrument. ii. Each person in the group is record the results of the Peg Test in their own field book. iii. Set out and mark on the ground (with wooden pegs driven into the ground) two point some 15 m apart. iv. Instrument is set up midway between two point A and B. v. Staff is read on each staff point A and point B and the height difference is calculated. Made sure the bubble staff is center vi. Next, instrument is moved about 5m behind the point B. nd staff at point A and point B is read. vii. Record the data. RESULT RESULT Point A1 ââ¬â point B1 =1. 312 ââ¬â 1. 310 =0. 002m Point A2 ââ¬â point B2 =1. 239 ââ¬â 1. 238 =0. 001m STN 1 ââ¬â STN 2 = 0. 002 ââ¬â 0. 001 =0. 001m =1mm ? < à ± 2mm ANALYSIS ANALYSIS The error is à ±2mm so it can be accepted. The instrument is in good condition and can used in field work. CONCLUSION CONCLUSION The instrument can be determined the leveling bubble (bubble axis) and telescope line-of-sight (line of collimation) are parallel.
Friday, November 8, 2019
buy custom Development of Tort of Negligence essay
buy custom Development of Tort of Negligence essay Law of Tort involves cases or scenarios that do not involve criminal activities but are based on the express or implied obligations that are overlooked or failed by an individual. Law of Tort deals with wrongful acts that not necessarily breaching of contract, that are normally associated with injury to another party, property, or reputation where the injured party is at liberty to seek compensation. Tort is one of the branches of civil law that has its foundation on a claim of the defendant on the injury permitted to the plaintiff by violation of a pertinent obligation imposed by the general law. This is clearly defined when one has knowledge of the injury or loss and the obligations that are imposed by the law. The Law of tort aims at protecting people physically basing on their personal integrity, property interests and economic interests in the society. Negligence is referred to as the process of breaching a lawful duty to take care by an unintentional act that brings injuries to the claimant. It is however noted that the tort of negligence is not necessarily limited to acts of inadvertence in the society. Other acts like deliberate infliction of harms to another party can call for liability in relation to the tort of negligence. According to Donoghue v Stevenson, 1992, negligence in the law of tort is directly linked with the autonomous tort that offers remedies to all forms of damages instilled on the claimant where there is no observation of legal duty. There are many types of tort but they can be merged to form three basic types of torts. The first being intentional tort. This is a civil wrong which occurs when one party undertakes an activity that in direct or indirect damage to another. A good example of his tort is when in a fight a person strikes another and in the process injures him or her; this is considered a tort of battery. However, when one accidentally strikes another and injures him or her is not at fault since there was no intention to do so. Another major type of tort is strict liability; this is also referred to as absolute liability. This arises when a defendant was negligent and/or was intending to act in a way that will cause harm to the plaintiff. In some cases liability can arise in a situation where the defendant acted in a way not intending to be negligent or cause harm A good example of absolute liability is when a construction company in its activities is necessary to blast heavy rocks using explosives such as dynamite. When an employee of the construction company blasted a boulder with extreme care but nevertheless some flying fragments of the blasted rock damaged a nearby house. The owner of the damaged house sued the construction company for the damage caused on the house. The company raised a defence claiming that the owner was suing for tort damages but the damages could not materialise since the company was not intending to damage the house. This defence is absolutely invalid. This is due to the fact that as ordinary fault is the basis of tort liability some cases arise where strict liability is totally imposed on the doer. This simply means that whenever harm is caused, there is no defence that no harm was intended or that utmost care had been put in place to prevent such an invent happening. The tort of negligence refers to the process of breaching a legal duty on part of your responsibility that in turn lead to damage to the involved parties as it is normally against their will.Duty of care considers whether the penalty on the side of the defendants act are justifiable, relates the mutual connection of the propinquity between the parties and if in all the circumstances it will be fair, just and reasonable to inflict an obligation on the defendant. Negligence observes the idea that if the claimants injuries outcome from the conduct that falls short of socially accepted principles, then there must be compensation. It is believed that the law of tort aims at enforcing standards of good behaviour in the society as it deters people from being careless in their dealings with others. After the establishment of a breach, the claimant is required to prove the breach is the result of the damage (causation issue) and it is satisfactory to the remoteness issue. Causation and remote ness are vital links amid the violation of an obligation enforced by law. In order to be a successful claimant in any negligence action, various factors must be observed. The defendant has to be found owing the claimant a duty of care. Secondly, there must be evidence that the defendant broke the duty of care owed to the claimant according to the demands about law. Finally, the claimant must have suffered damage due to the breach caused by the defendant of which the law will be able to recognize in order to deem it as worth compensation. Negligence refers to the process of breaching a legal duty on part of your responsibility that in turn lead to damage to the involved parties as it is normally against their will. Duty of care considers whether the penalty on the side of the defendants act are justifiable, relates the mutual connection of the propinquity between the parties and if in all the circumstances it will be fair, just and reasonable to inflict an obligation on the defendant. Negligence observes the idea that if the claimants injuries outcome from the conduct that falls short of socially accepted principles, then there must be compensation.It is believed that the law of tort aims at enforcing standards of good behaviour in the society as it deters people from being careless in their dealings with others. Development of Tort of Negligence Tort Law is currently viewed a form of crisis across the globe in the legislative sector due to the strong resistance and antagonism as a result of the legend compensation culture that has been in existence for many decades. Pliticians across the world are in the course of bringing up radical changes that mainly aim at minimizing the insurance premiums that will eventually lead to plummeting of the entitlement of the injured plaintiffs. Tort of negligence is dated as a current tort according to the UK law.It is viewed as a current as it cannot be compared to the other laws of tort like trespass on land, assault and battery that have been in use for many centuries. Negligence as a principle has been instituted as a accountability for behaviour deteriorating in the early twentieth century while dealing with the verdict on the case of Donoghue v Stevenson by the House of Lords. Initially, negligence was viewed as a technique of executing and interpreting the other torts rather than a distinct tort in itself. The tort of negligence was carefully fragmented before the identification of the duty of care where it was recognized with many limits in most cases. An example is in situation where a person was in control of hazardous product like a gun where care was provided to in order to avert it from causing harm to people in the society. In the entire period of the 19th century, there existed only remote pockets of negligence liability as consideration was given to the general principle of negligence. The twentieth century has provided much progress towards the negligence of tort as the judges become implementing policies focusing on the articulation of a general principle of a duty of care, a case that is clearly seen on the verdict of Brett MR in Heaven v Pender, 1883. During the ruling of Donoghue v Stevenson case in 1932, the House of Lords had not yet established the recommended general principles on the negligence in law of tort.During this period, reliance was on the private law which was by then subjugated by the contractual perspectives on the role and obligation of each party. The scenario above implicates that if an issue was outside the partial pockets of liability stated, the party owed a duty of care to the other in circumstances where they had specifically agreed to do so through an agreement on the matter.Claimants who had received injuries through other persons carelessness were not liable to a claim. Such cases include scenarios where a consumer suffers from the use of a defective and dangerous product where a contract exists between the manufacturer and the retailer or the retailer and consumer. This provides the retailer with the mandate of suing the manufacturer where the consumer also sues the retailer where due to the scarcity of the general tort of negligence in collaboration with doctrine of privity of the agreement limits the verdict on the case, thus, making the consumer not liable to the claim by the retailer to the manufacturer. This was the case on the claimant in Donoghue v Stevenson case. The Donoghue overruling on the Winter-bottom v Wright case brought into existence the concept of a new pocket of liability in which the party was liable to the duty care despite being outside of the contractual rapport. This case led to the establishment of a channel that comprises of the manufacturer-retailer-consumer. It also enlisted the judicial system that the categories of negligence are flexible depending on the subject thus were called upon to be ready to address new duty situations arising within their jurisdiction. Donoghue v Stevenson case is thought to have launched a single and universal prerequisite on duty care. The opinion is also applied by a higher-ranking law lord in Scotland, Lord Buckmaster, while ruling on the case of the possibility of claim to Mrs Donoghue where the claim was rejected with reference to the opinion of Lord Anderson in Mullen v Barr Co of 1929. In the 1970s the judiciary system underwent gradual reforms on the negligence tort where it was described as, an ocean of liability for carelessly causing foreseeable harm, dotted with islands of non-liability, rather than as a crowded archipelago of individual duty situations. This was evident in the following cases: McLaughlin v OBrian in 1982 that involved psychiatric damage; Anns v Merton London Borough Council in 1978 that was relevant to economic loss; overruled by Murphy v Brentwood District Council of 1990; Benarr v Kettering HA 1988 in a case where the claimants were awarded damages for the costs of bringing up a child, including the private school fees, where a child was born after a negligently performed sterilisation procedure; and Home Office v Dorset Yacht Co Ltd 1970 related to the liability obligatory on the Home Office for damage caused by escaping young wrongdoer. In the 1980s and 1990s, the judicial system set in place policies that favoured the tort of negligence where they exercised better vigilance and daunting liability on necessary occasions as seen in the Caparo Industries plc v Dickman case of 1990. The restriction on the retrenchment process of 1980s and early 1990s provided room for the expansion of the negligence responsibility in the relevant circumstances. This was applied in the cases below where the claimants lives had been affected: Phelps v Hillingdon London Borough Council in 2001where the bone of contention was the negligent failure to diagnose dyslexia. W v Essex County Council of 2000 about the abusive foster on a child Customs and Excise Commissioners v Barclays Bank Plc in 2006 X, Y v London Borough of Hounslow in 2008, where all the relevant elements of tort of negligence namely duty, breach and causation are established and observed while determining the claim. Role of the concept of the duty of care in the tort of negligence Tort of negligence plays a key role in the law of tort as most of the claims are normally brought under the tort of negligence compared to the other types of tort. It also has an influence on the extent further than the tort itself due to its fame and eminence gained within a relatively shorter period. A duty of care involves an obligation where a person playing a particular has to have to be concerned about his or her actions influence on other peoples safety and integrity. This always includes giving attention being keen and watching out for anything that can go wrong and cause harm. In many occasions, is the duty of care is not met in a role that solely requires it, the person responsible can be held accountable for allowing negligence to occur. This is the primary situation that provides the basis for suing for negligence in a court of law. However, a clear line should be drawn between duty of care and standards. Normally a duty of care is a representation of an obligation put up on a person as a surety that nothing goes wrong with the assigned activity. This does not give a clear detail on the way to provide that care. It should be observed that duty of care requirements tend to apply in occupational situations. In the other hand standard of care provides the minimum amount or the quality of that particular care that should be availed under the duty of care. For example medical staff has a duty of care to a patient with a cut. Preparing a dressing for this wound involves part of treatment. Where the cut is large and deep and is dressed by a small Elastoplasts will not have met the required standard from the doctor or nurse. In the current world with the high rate of industrialization the tort of negligence and duty of care plays a major role in the providing leverage and justice in the society. There are many professions created such that some create a problems in coming up with a clear cut line to provide safety and accountability among the work environment. Some work environments create a tricky situation on who should be held responsible for some occurrences of certain activities. The law of tort has developed a culture among employers to come up with effective manuals that clearly define each employees roles and scope of work; this has helped ease the accountability factor and hence increased safety in the work places. Stress has been found to be the main course of accidents. This is due to the fact that a stressed person tends to be complacent and in the process makes mistakes that result to accidents of different magnitudes according the type of work environment. The law of tort has resulted in a great change in employers notion on the duty of care. Employers now have a specific statutory responsibility ensuring a safe and well monitored workplace. Whenever a lawsuit concerning negligence and duty of care is brought to court, there is test of negligence that is undertaken to determine whether the case is successful. This involves a three stage process. The first stage is the duty of care between the involved parties. The second stage is to prove if there has been a breach of duty. Thirdly and most important stage is the causation test. This stage requires answering questions like; was it reasonably foreseeable that the particular breach directly caused the psychological injury on the plaintiff? The injury suffered should be of a high order like a psychological injury that has been diagnosed by a practitioner rather than day to day stress. In many negligence cases, three tests for the organizations duty under the negligence law is quite minimal, this basically is acting reaso nably as an employer. Affected employees have an uphill task of proving its not the work that has caused them stress but that its the stress of work that caused them a psychological injury where the employer knowingly failed to make steps that could reduce or prevent I altogether. The duty of care is seen as a banner. The emerging cases on workplace stress have lead to rampant emphasis on the employers duty of care in preventing workplace injuries.This issue has lead to many employers providing workplace counselling services to demonstrate on their commitment to the course. Duty of care is becoming a course of inspirations and a powerful lever of change. Duty of care is viewed as a shield by many employees. It duly covers them from any event where the employers should be held accountable. Duty of care also prevents employers against legal action by the employees. The duty of care assists a lot in drawing a clear line between employers and employees responsibilities in case of a lawsuit. This law alleviates the employers concern about his or her employees welfare. This may be shown through the entitys policies put in place that define these guidelines. The provision of psychological support services in many different forms by the employers gives the employee the zeal to work harder since there is a feeling of protection and accountability. This further generates to better services and quality of produce in the market. In such cases where the employers provide comprehensive policies, its very rare for employees to successfully claim for negligence. With the many overlapping and intertwining nature of the current factors in the industries like financial care, medical care, insurance covers among others. Its important to draft and implement policies that effectively define and cover all parties in a contract. The tort of negligence plays a major role in shaping and securing the work environment. With adequate accountability in place other policies can be effectively implemented in any organization. Duty of care acts as a watchdog in contract dealings. In conclusion, the application of the principles of negligence faces many challenges in the implication process by the Courts in relation to instituting the various principles in their relevant categories on the affected parties in the society. The paper has focused on some of the cases that have been previously handled in our courts and their verdicts. Although the cases do not necessarily represent the real image in most of the decisions delivered in our judicial systems. Litigation in relation to the duty care is one of the factors that has not been fully addressed and still pose a danger to the claimants. Buy custom Development of Tort of Negligence essay
Tuesday, November 5, 2019
multi essay Essays - Articles, Health, Dental Hygienist, Dentistry
multi essay Essays - Articles, Health, Dental Hygienist, Dentistry Most have to go through life's struggles of discovering what type of person they are and then eventually who they want to be. For me, this process took minimal searching because I've always known myself to be conscientious of others, caring, well grounded, and passionate about whatever I have my intentions set on. After countless conversations with my dental hygienist, my interest in becoming a hygienist came as a result of who I am and who I wanted to be. While studying for my undergraduate degree in 2010, I had an amazing opportunity volunteering with the Piedmont Regional Missions of Mercy Project. This experience allowed me to help dental patients without healthcare. This allowed me to gain insight to understand the importance of providing patient care and promote good health. My life goal won't be accomplished until I can help as many individuals through my work as possible. This degree will not only aid in my achievement, but will give me the tools to have the best career. At around the age of 4, I realized the start of my interest in dentistry. Whenever asked what I wanted to do when I grew up, speaking the thought out loud made it clear. The answer is still the same and being apart of the dentistry field will become a lifetime goal accomplished. The inception of my interest started with childhood visits to the dentist. At first, the instruments and how everything worked fascinated me. As time went on, my fascination turned into a pursuit of knowledge where I wanted to gain an understanding as to how this profession can benefit a person's health. Most have to go through life's struggles of discovering what type of person they are and then eventually who they want to be. For me, this process took minimal searching because I've always known myself to be conscientious of others, caring, well grounded, and passionate about whatever I have my intentions set on. After countless conversations with my dental hygienist, my interest in becoming a hygienist came as a result of who I am and who I wanted to be. While studying for my undergraduate degree in 2010, I had an amazing opportunity volunteering with the Piedmont Regional Missions of Mercy Project (MOM). This experience allowed me to help dental patients without healthcare or insurance. The MOM project gave me my first hands on encounter into the healthcare field. This exposure allowed me to see the need for help in this field. As I got older and was able to explore the different fields in dentistry, I knew dental hygiene would be my primary choice. It is the field of dentistry that best compliments the attributes of me as a person which gives me an opportunity to help people better themselves with the passion and knowledge I possess. With that and the implementation of my skill set, I would have the opportunity to make it a career. After having the pleasure of working under the exceptional Dr. Garland Davis, it is without a doubt that dental hygiene has become a passion of mine. Whi le being employed for him, I was able to observe, understand, and assist with the tasks that the hygienists and Dr. Davis performed. This allowed me to gain insight to understand the importance of providing patient care and promote good health. Learning, understanding, and completing task that involved the day-to-day operations of the profession provided hands on comprehension and application. This experience was very beneficial and crucial in aiding my learning process with the field. My congruent work experience from past programs has informed me tremendously in the multi faceted nature of health care business. These experiences in various fields helped me gain a better perspective into the dyer need for healthcare professionals. My life goal won't be accomplished until I can help as many individuals through my work as possible. Knowing my career path has allowed me to reach a state of self-actualization that motivates me to keep pushing. This degree will not only aid in my achiev ement, but will give me the tools to become the best of the best. Howard University cost of attendance estimated total is $36,157.00. I was awarded $12,500.00 for this academic
Sunday, November 3, 2019
Judaism, Christianity, Islamic and Buddhisms beliefs on Heaven and Research Paper
Judaism, Christianity, Islamic and Buddhisms beliefs on Heaven and Hell - Research Paper Example Judaism, which is the main religion of the Jews, believes in the existence of both heaven and hell. According to Hebrew, the Jews refer to heaven as Olam Haba, which translates to the world to come. Their main belief is that a heaven is a place for the righteous and that those who live in it are blessed to reside under continuous divine intervention. Furthermore, the Jews believe that those who live in heaven are customarily rewarded with a better life to make up for the misfortunes that they underwent on earth (Ellens 38). According to Judaism, the experience of this world is aimed at preparing their believers for the next, and that fulfilling the commandments is instrumental in earning one entry into heaven. The Jews similarly share the ideology that the soul should be purified before its final rest, a process that often goes on for eleven months. Given the wideness of Judaism, a section of Jews believes that God is the resuscitator of the dead through a process known as the transm igration of souls (Ellens 43). They regard the transmigration of souls as a second chance, and an opportunity for an individual to make up for some of the commandments he or she never fulfilled while on earth. Christianity, just like Judaism teaches on the existence of both heaven and hell. In as much as information on both heaven and hell remains light, Christians believe that heaven is a place where all their suffering and pain will end and that they will live forever
Friday, November 1, 2019
Eucation and Identity Essay Example | Topics and Well Written Essays - 750 words
Eucation and Identity - Essay Example He lacked the many facilities we have, and yet he managed to develop his writing skills by relying on the little help he could access. All through, he struggle with identity crisis though he later manages to establish his identity. The critical role that education plays in defining Douglas identity cannot be ignored. Douglass's urge and determination to learn is captivating. This essay discusses how Douglas narrative on learning to write influences my thinking about education as well as identity and how his ideas relate to my own ideas regarding education, literacy, and identity. As I read his narrative, it triggered me to think of my own views regarding education. Although I have always considered education important in achieving my goals, never had I viewed education with as much regard as Douglass did. This is irrespective of having teachers and all learning resources at my disposal. However, Douglass ideas about education are somehow related to my own views about education. Just like Douglas believed, learning to read and write sets us free not just from stupidity but it also enables us discover ourselves. Lack of education makes us ignorant and we end up being slaves of ourselves. It is only by expressing ourselves through activities such as writing that we can be able to really feel sufficient and convince others of our capability. Thinking of people who are deprived of education by one reason or another makes me consider that the worst form of slavery. However, this kind of slavery is better since one can make a choice to liberate him or herself from it like Douglass did. As I read Douglass narrative, I thought of the many times I felt like giving up because I could not understand a concept in class. Those are the time I felt like I did not really understand who I was. However, I have always considered education to be one of the fundamental aspects that will enable me achieve my goals and that is what keeps me going. When I imagined of Douglass roaming i n the streets seeking for assistant from kids in the streets, I acknowledged the many education resources we have at our disposal and how little we make use of them. This made me feel like I was a slave of myself since I have no good reason to fail to achieve my academic goals yet I find myself failing at times. Reading Douglass experience and comparing it with my own encouraged me that no matter the adversities it is possible to achieve our goals. Education and literacy plays a great role in enabling us to realize our own identity. Educational attainments assist us in integrating with others in addition to being able to understand and appreciate those who may different from us. Just as the slaves suffered with their real identity as humans, such is the case when one is not conversant with a concept. Education defines us in some ways. People will identify with you depending on how well you can express yourself. If you are uneducated, people will brand you as illiterate. This has mad e me conclude that education can form oneââ¬â¢s identity since it determines a personââ¬â¢s interest in life. In the contemporary society, social stratification is a common phenomenon and education is used as one of the criteria of defining the class one belongs to. However, not all people are able to access equal education opportunities. Being unable to access quality education does not automatically mean you cannot set high
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