College admissions letter
History Of Christianity Research Paper Topics
Friday, August 28, 2020
Affirmative Action Essays - Social Inequality, Discrimination
Governmental policy regarding minorities in society Essays - Social Inequality, Discrimination Governmental policy regarding minorities in society Rewarding individuals contrastingly on account of the shade of their skin used to be called separation, yet today it?s called governmental policy regarding minorities in society (Amselle 177). Governmental policy regarding minorities in society today, is viewed as one of the most disputable difficulty confronting our equivalent status of individual rights. As we as a whole know, governmental policy regarding minorities in society was executed with the thought and trust that America would at long last become really equivalent. Up until this point, it has gone on for a long time and had not unraveled any of our present issues concerning equivalent rights ? it compounded the situation. It was made with the aim of utilizing reverse segregation to tackle the issue of separation. In that, minority gatherings are being picked over the capabilities of different laborers. This goal makes a standard of issues. Some think that its exceptionally uncalled for in utilizing its practices, some think that its extremely accommodating. The part of the gathering that remains with governmental policy regarding minorities in society, are typically in a circumstance wherein they really profited by it. They have their reasons with respect to why they bolster the activity. In view of the overall population with respect to why they recognize governmental policy regarding minorities in society is normally based of the way that it sets up a circumstance where equivalent open door is circulated among minorities for occupations. Before governmental policy regarding minorities in society ? city, state, and government employments were totally shut off to minorities and ladies. In our present day, minorities and ladies have increased a huge increment in the utilization of employments in those working environments. In contrast to the prior days governmental policy regarding minorities in society, where opening for work was for the most part given to the Americans, presently occupations are being given to minorities and ladies because of the share framework. Assume that a American male and a minority (Hispanic, Afro-American, lady, and so on.) are going after a similar position, the American male is considerably more qualified than the minority, there! front, intelligently, the American ought to be employed. Because of the share framework, the organization, so as to meet that standard, must recruit the minority. Which is to improve things, in light of the fact that, in that sense, were are gradually making a few progressions in taking care of the issue of racial imbalance in America?s working environment. Governmental policy regarding minorities in society is additionally exceptionally powerful in the instructive framework. Minority understudies who previously never got an opportunity in being acknowledged into a better than average school, are currently being acknowledged. They are given the opportunity to demonstrate that, with the assistance of governmental policy regarding minorities in society, they could, thus, get more instruction and end up with a better than average employment in the wake of graduating. All expectations are to end bigotry in school grounds, to have assorted variety between understudies. The constitution says that we the individuals of the United States of America are totally made equivalent. In this manner, since that we are on the whole equivalent, shouldn?t we as a whole have a similar open door as every other person. Equivalent open door is accomplished when individuals of settle for less in life are offered opportunities to prevail throughout everyday life. To begin to accomplish a superior life, one must have appropriate instruction, since training is the way in to our future. In this manner, however training, minorities must be allowed to get a decent beginning at making sure about their future. Pundits of governmental policy regarding minorities in society contend that this quantity is out of line. White guys are being compelled to pay a value that their precursors have fouled up previously. Intentionally that it was quite a while prior, and that now, it is a day break of another time. White guys ought not be given this weight of something that their predecessors have done. While the minorities appreciate the advantages, for example, employments and instruction. Particularly, to offer kindness to guys or to females, to whites, to blacks or to people of any shading in light of their sex or shading is ethically off-base on the grounds that doing so is naturally out of line. Shading, nationality, sex are not ascribes that qualifies anybody for more (or less) of the beneficial thing of life, or to any uncommon kindness (or disapproval). When in the past whites or guys received such inclination that was profoundly wrong; it is no less off-base when the hues or genders are turned around. (Cohen 183) In the working environment, pundits contend that in view of governmental policy regarding minorities in society, presently they are being dealt with inconsistent. Employments in which they are bound to prevail in are,
Saturday, August 22, 2020
Thermodynamics Lab free essay sample
Walk 17 Thermodynamics lab I. The motivation behind this investigation is to keep a specific measure of water as hot as workable for whatever length of time that conceivable. We likewise get the opportunity to utilize whatever materials we need as long as our item is or is littler than 20cm. II. For my undertaking I utilized Styrofoam, tinfoil, protection, silicone, and a stopper. I utilized the Styrofoam as a crate to put the can in and the Styrofoam additionally goes about as a warm protection. I utilized the tin foil since it fills in as a separator and keeps the brilliant warmth inside the container. Next I utilized protection, which does what its name is, it keeps whatever within it protected or forestalls convection. I utilized silicone to close off the gaps from the Styrofoam to make a decent box for the warmth to remain in. at long last I utilized a stopper on the highest point of my can to have the littlest opening for the warmth to get away from it. We will compose a custom paper test on Thermodynamics Lab or on the other hand any comparative theme explicitly for you Don't WasteYour Time Recruit WRITER Just 13.90/page III. For this investigation I utilized Styrofoam, tinfoil, protection, silicone, and a stopper. I likewise need a thermometer to gauge the adjustment in temperature of the water throughout the analysis. IV. First I slice out Styrofoam to the fitting lengths and ensured it wasnââ¬â¢t over the 20 cm limit. I at that point secured the Styrofoam with tin foil and closed all the breaks within with silicone. After that I put protection in general within the crate with sufficient space to put the can in within. I at long last included a plug the highest point of the can to make the littlest opening with the goal that the warmth had little space to escape to close my undertaking. Time| Temperature (Câ °)| 0 minutes| | 20 minutes| | V. Information VI. 1. I think the most significant sort of the 3 kinds of vitality move that we needed to limit was convection since convection is heat move by means of warming encompassing liquid and afterward the liquid moves. 2. The sun doesnââ¬â¢t heat us through convection or conduction in light of the fact that for warmth to warm through conduction it should be contacting it and we donââ¬â¢t contact the sun, and for conduction is heat move by means of warming encompassing liquid and afterward the liquid moves yet us people are solids, not fluids. . Warm blooded creatures that live in cool atmospheres and cold water protect themselves with their hide and being heartless. The well evolved creatures that donââ¬â¢t live in water utilize their hide as a protector to keep their warm air inside them and keep the virus air outside, and the cool water vertebrates for the most part are relentless so their temperature doesnââ¬â¢t truly change with the virus conditions that the y are around constantly. VII.
Friday, August 21, 2020
Strategic Management Essay Example | Topics and Well Written Essays - 1250 words - 2
Vital Management - Essay Example In 1998, ââ¬ËSomerfieldââ¬â¢, a general store bunch obtained Kwik Save in an exchange worth ?473 million (Somerfield, n.d.). They had confronted colossal rivalry when super store Tesco and Sainsbury propelled their own brands. Likewise, other two discounters Lidl and Aldi had additionally entered the retail advertise. A few stores were shut around the United Kingdom and accordingly the organization went under organization. They additionally offered a couple of stores to Fresh Xpress yet it was likewise under organization and at last all the stores were shut. In the long run, the whole of stores of Kwik Save shut in 2007 (Docstoc, 2010). Kwik Save had shut down 79 stores so as to make due in showcase. Kwik Save additionally offered its stores to Somerfield in 2006, and from that point forward more issues excited which brought about lay off of a few outlets, falling of deals just as providers declining to flexibly merchandise (Earth Times, 2011). The administration of Somerfield understood that the viewpoint and inward look of Kwik Save stores would not fit well with the brand of Somerfield. They had distribution center style of vacant wooden racking, space-sparing modest checkouts and slender path which should have been changed by Somerfield. Accordingly, Somerfield chose to keep up and completely redesign the 102 best stores despite the fact that the staying 248 saves repaired for conclusion (Somerfield, n.d.). ... The piece of the pie of Kwik Save chop down from 1.2 % in April 2006 to 0.2% in 2007 (Docstoc, 2010). 2.0 Causes of Strategic Problems The organization was focussing more on procurement as opposed to improving the current activity. Poor speculation just as dynamic has been the prime reason for their vital business disappointment. The store was not accomplishing their objective since it was set up (White Lane, n.d.). Firmââ¬â¢s Strategic Positioning Kwik Save was a fruitful basic food item markdown store chain around the United Kingdom. They had built up the methodology to offer marked item in a modest rate to pull in greatest quantities of client. This methodology prompted an amalgamation of low fixed expense just as extreme focal control. This were the result of system of over 870 strategically placed and unassuming stores situated around the UK. It embraced a ââ¬Å"no nonsenseâ⬠approach for basic food item retailing. The client cash was given significance along these line s they were charged low rate for the items. Be that as it may, in 1970s and 1980s, the passageway of super stores ruined their development and they couldn't rival those retail locations. Firm was fruitful in procedure situating when no other profoundly rebate based retailers were available however because of the development of superstore they were abandoned. The superstores were giving significance to recreation, comfort; fervor in the store yet Kwik Save with its basic plan, couldn't increase upper hand (Reference for Business, 2011). Firmââ¬â¢s Managers Analysis of the Environments of their Industry Andersen Consulting was delegated by the directors of Kwik Save so as to lead ââ¬Ëroot-and-branchââ¬â¢ vital survey. Kwik Save was one of the ââ¬Å"Britainââ¬â¢s number one discounterâ⬠yet became
Tuesday, May 26, 2020
Essay Topics For Grade 7 - Urdu Essay Topics For Grade 7
Essay Topics For Grade 7 - Urdu Essay Topics For Grade 7Urdu essays have never been so popular as they are today. This is mainly because of the ease of application and the fact that it is even easier to write in Urdu than in English. If you are a student who has just entered the ninth grade, it is time for you to get to work on your Urdu essay topics for grade 7.The first step that you should take in writing a piece in Urdu is to learn how to write. You need to know what words to use, how long you should read from the beginning to the end, and how many paragraphs to put on one page. Also, you will need to know the correct spelling, punctuation, and grammar rules for Urdu. If you have no idea about these things, do not worry because there are many available resources in the internet that will teach you the basics.Some of the things that you will need to remember while writing a piece in Urdu include the sentence structure, the rhythm, and the meter. You should know that the sentence s tructure of Urdu follows the same rules as the English sentence structure. You should also know that the use of commas and periods are mostly ignored in Urdu. However, using dashes are always allowed. You will also need to remember that when writing about events, you should always mention a person's name.Word order is also important. In English, the subject comes first followed by the verb. However, in Urdu, the subject comes before the verb. Using subject after subject is also common in Urdu. The sentence structure of Urdu is also quite similar to the English sentence structure.There are several grammatical rules that you should know. One of them is the double-negative rule. The double negative rule means that in English, a person is forbidden to start a sentence with a negative sign. However, in Urdu, you can continue a sentence with a negative sign. Also, in Urdu, you will find that there are verbs like den, lo, mein, aye, etc. which are conjugated differently in Urdu than in Eng lish. There are also verbs which are also conjugated differently in Urdu but not in English. These include den, khamra, kareela, jaaga, nukku, dundee, katta, kiran etc.Remember that not all essays are composed the same way and you will find many essay topics for grade 7 that have very similar subject matter. If you have never written an essay on this topic before, you should first do some research. There are many websites online that will guide you through the process of writing a piece in Urdu. Since there are so many ways of writing in Urdu, it would be pointless to try out each and every method to write. Instead, you should just use the resources that are provided online to help you out.Just make sure that your essay topics for grade 7 are interesting enough to keep the attention of your reader. Remember that a good essay is something that will keep the attention of your reader for the whole duration of the essay. So, try out your writing style and see how well it works. If you f ind that you are struggling in this area, it would be best if you hire a professional writer to do the job for you.
Saturday, May 16, 2020
Rational Choice Theory Of Rape - 1465 Words
Rape is a crime that Americans hear very little about, yet everyone knows that such acts occur frequently. Rape is a very personal form of violence that continuously impacts the victim for years after it occurs, if not for the rest of the victimââ¬â¢s life. The effects of rape, short-term and long-term, can be catastrophic for the victim, causing them physical and psychological damage (Gluck, 2016). I believe that by using the Rational Choice Theory, rape can be eliminated in todayââ¬â¢s society by the use of castration as a punishment for offenders and as a deterrence for possible future offenders. Rape has been an ongoing issue within society for centuries. In early times, men raped women for reproductive purposes. Today, it is still believedâ⬠¦show more contentâ⬠¦Literature Review Russell (1997) informs that there are two forms of castration: chemical and surgical. According to Chism (2013), the oldest and most effective approach to controlling deviant sexual urges and reducing recidivism rates of male sex offenders is surgical castration. This is partially backed up by the data given by McMillian (2014), who composed a study of 104 men, revealing the recidivism rate as 3% for those who had been castrated compared to 45% with those who had not. Cauley (2014) identified cases where surgical castration has been used nationally and in the United States, showing that castration is quite effective. Lee, Kang, Ji, Baeck, Lee, Oh (2013) informs that in Korea, a chemical castration law was passed in 2011, which targets child molesters who have reoffended. The law is intended to prevent offending and rehabilitate offenders. Decisions to commit crimes such as rape or other sexually motivated offenses, are often made under the influence of visceral feelings such as anger or sexual arousal, as stated by Loewenstein, Nagin, and Paternoster (2010); rational choice models of decision making assume that individuals can anticipate, in an unaroused state, their responses to such instinctual feelings. Discussion In the United States, required surgical or chemical castration is something that is not really considered as a form of punishment or a method of rehabilitation for sexual offenders. The reason for thisShow MoreRelatedDifferent Crime Scripts Of Acquaintance And Decision Making Processes Adopted By Offenders1534 Words à |à 7 Pagesacquaintances is a highly prevalent crime (Silva, 2004). This review will look at how crime scripts , through a rational choice perspective, aids in the situational prevention of crime. Furthermore, it will analyse the literature concerning this crime, identifying the modus operandi and decision making processes adopted by offenders, defining the different crime scripts of acquaintance rape illustrated in previous empirical literature. This review will finally identify areas not charted by the literatureRead MoreIs Rape A Deviant?1201 Words à |à 5 Pages1. In what ways is rape ââ¬Å"deviantâ⬠or not in places where is it relatively common? Answer this question in terms of deviant roles and places, deviant acts and victims, formal and informal social controls, and the irony of social control. Generally rape is considered a deviant act in the majority of the world. Especially in the most developed countries, where it is extensively condemn by the citizens as well as the laws. However, there are some places where rape is accepted as a simple fact, a dailyRead MoreSubstance Abuse : Alcohol Addiction1399 Words à |à 6 Pagesindividual. Alcohol does not only affect an individual it also affects the society. Alcohol kills more youngsters than any other drug as it edges towards homicide, rape and accidents. A study supported rape as an implication where data was composed from autobiographies off 77 convicted rapists that exposed that 50% were drinking at the time of the rape and 35% were alcoholics. Statistics show that there were 6,570 deaths in England in 2005 from causes that were linked to alcohol and in 2006 it rose to 8Read MoreRational Choice Theory: Merits and Limitations1195 Words à |à 5 Pagesinsight into Rational Choice Theory. This theory, highly relied upon by many disciplines, is also used to calculate and determine crime and criminal behavior. Through definition, example and techniques utilized by criminologists, the reader will have a better understanding of the subject. By definition, criminology is the study of crime, criminal behavior and how it pertains to the law. Criminology is considered a scientific technique. Therefore, those who study and carry out its theories are consideredRead MoreThe Theory Of Criminal Behavior1608 Words à |à 7 Pages the law, and punishment. The central concepts of the classical school of thought is that people are egotistical, rational, motivated by pain and pleasure, people choose their behaviour, and behaviour can be modified by fear of punishment. The classical theory focuses on crime and the law, deterrence, and makes sure that the punishment fits the crime committed. The positivist theory does not focus its interest on the crime and punishment ââ¬â but the individual criminal. The view is that criminals areRead MoreThe Criminological Theory For Mike Tyson956 Words à |à 4 Pagescriminological theory for Mike Tyson is a classical theory. The criminological theory classical is ââ¬Å"Crime occurs when the benefits outweigh the costs- when people pursue self- interest in the absence of effective punishments. Crime is a free-willed choice. See also deterrence, rational choice.â⬠Mike Tyson allegedly raped her on July 19 in his hotel room. Mike Tyson was convicted with rape on March 26, 1992. That put a pause in the famous Mike Tyson boxing career for a while. Rape is a despicableRead MoreAnalysis Of The Article The Dating Game Killer 1069 Words à |à 5 Pagesassault, rape, torture, strangle, beat, and kill them (Pelisek, 2010). As Paternoster Bachman (2001, p.11) points out that, ââ¬Å"The Classical Paradigm, during the middle of the eighteenth century, founded by Cesare Beccaria a utilitarian philosopher who embraced the belief that human beings are rational, calculating, and hedonistic beings. With the decline of the Classical paradigm, when the focus of rationality lead to the focus on science. A new paradigm emerged, a Neoclassical Paradigm: Rational ChoiceRead MoreTed Bundy1633 Words à |à 7 Pageswill look at the cause and effects of him becoming a serial killer. We will also discuss the different criminology theories behind Ted Bundyââ¬â¢s actions. Based on what was discovered in the research no one theory can explain the action of Ted Bundy as a serial killer. The remainder of the paper is laid out as follows: biography of Ted Bundy, introduction, discussion of crimes and theories, and the conclusion. Biography of Ted Bundy Theodore Robert Cowell later known asRead MoreCriminological Theories Of Juvenile Violence845 Words à |à 4 Pagesoffenses like murder and rape. Violence can come from all shape and sizes from women, men, children, mentally ill, etc. An increasing problem in recent decades include juvenile violence. Juveniles can commit violence for an infinite amount of reasons like parental abuse, being bullied in school or peers, mental illness, and other outside factors. Juvenile are in a period in their lives where countless aspects can influence the way they think, act, and even speak. Criminological theories have been createdRead MoreThe Classical School Of Criminology1485 Words à |à 6 Pagesinhumane by the classical school of thought. C. Describe why crime occurs, according to this perspective. With this perspective, people are considered rational thinkers, and when a person commits a crime, the person is making a rational choice to engage in criminal behavior. If a person steals a purse, they have chosen to do so because of rational thought. The person could be envious, stealing a purse just for fun, or many other reasons. The real issue is that the person rationally decides to take
Wednesday, May 6, 2020
Watching Wild Animals The Documentary Blackfish Last Year
Ever since I was a little girl I loved animals. One of my favorite things to do was to spend the day at the zoo or visit an aquarium where I would have the chance to see some of my favorite animals. Each time I would go there it would be a breath-taking experience. Watching wild animals from up close, see them interacting with each other was just amazing to me. But as I got older I started realizing that it doesnââ¬â¢t matter how much I am pleased to be able to see these animals through a glass or cage, it is not natural, it is not the way they would choose to live if they had a say. We humans, unfortunately, have the cruelty to capture these animals from their natural habitats, against their own will, and separate them from their families forâ⬠¦show more contentâ⬠¦Their diet consists of fish, squids, sea birds, turtles, and other big mammals, like sea lions, sharks and whales (Alina Bradford par.7). These animals are easily found because they have a very good adaption whe n it comes to experiencing different climates; orcas are the most widely distributed mammals, other than humans, according to SeaWorld. Weighting up to 6 tons, and growing up to a size of a typical school bus, killer whales are acknowledged as the largest species of the dolphin family. Killer whales are captured in the wild for a number of reasons: fisherman feel the need to kill them because they might eat all of their means of support, other cultures capture them for alimentation, and lastly they are captured to be used as attractions in amusement parks such as SeaWorld. Years ago, a group of killer whales were captured in Puget Sound, in the state of Washington. Knowing that men might try to capture them the orcas used a technique to keep their young ones safe. The pod would separate, while the male adults would go west, the adult females with the young ones would go north, but this tactic did not work because the fisherman also had air control so they were watching every movement in the sea. Using seal bombs and a net, they trapped only the younger whales leaving their mothers on the opposite side making high vocals of grief. Three whales were found dead in the net, so the fisherman cut them
Tuesday, May 5, 2020
Business Law and Ethics
Question: Discuss about the Business Law and Ethics. Answer: In legal parlance the word negligence may be defined as a failure by the defendant to exercise, proper standard of care in a particular circumstances, which any prudent person would have exercised in such similar circumstances (Eades 2015). It is a lawful duty to exercise adequate care in the event when one can foresee that failing to exercise such care would likely cause damages or injury. To bring a legal action against the wrongdoer the aggrieved person must establish the following essentials of negligence: duty of care, breach of duty of care, causation and remoteness of the damage (Deakin, Johnston and Markesinis 2012). In the given case, Trevor has been negligent as it was his duty to ensure the safety of his tourists. He was supposed to take the tourists back within daylight but he got too involved in his work to bring back the tourists safely. He has committed a breach of his duty to take care. However, Anna was equally negligence in her actions. Despite being aware of the rules and regulations, she did not follow them. In such circumstances, Anna may bring legal action against Trevor for his act of negligence; Trevor may apply the principle of contributory negligence in his defense against such action. The essential elements of Torts of Negligence are enumerated as below: First Element: Duty of care Duty of care is the responsibility of one person towards another not to inflict injury to that person. In law of tort when one person acts recklessly or negligently which in turn causes injury to another person, the person causing such injury is liable to pay damages to the aggrieved person (Mendelson 2014). This essential element has been well established in the case of Donoghue v. Stevenson [1932] AC 562. The Civil Liability Act 2002 provides provisions in the section 5B and 5C of the Act. This landmark case has established the neighbor test. The principle that one should love its neighbor and that one must not hurt or injure its neighbor was put to question in this case. The court explained that a person owes a duty to exercise reasonable care to avert omissions or acts failing which, the person can reasonably anticipate that such act or omission would likely cause damage to his neighbor. Issue Did Trevor owe a duty of care towards Anna? Law It is a well established law that in order to succeed in a legal suit brought against the defendant for an act of negligence, the plaintiff must prove that the defendant owed to the plaintiff a duty of exercising standard of care to avoid any injury caused to the plaintiff due to the acts of the defendant. In Caparo Industries PIc V Dickman [1990] 2 AC 605 it was held that there must exist a relationship recognized by law as neighbor between the party owing duty of care and the party to whom the duty is owed. Application In the present scenario, Anna was one of the tourists who attended one of Trevors walks. Here, since Trevor was the tourist guide, it was his responsibility that he maintains all the safety regulations and make sure that the tourists follow the safety rules as well. The neighbor and the caparo test shall be applied to ensure that one must exercise care towards its neighbor. Conclusion It is established that there existed a relationship of neighbor between Trevor and Anna and he owed a duty to exercise standard of care to ensure the safety of Anna. Second Element: Breach of Duty of Care A person is said to have committed a breach of duty of care if that person fails to exercise the duty of care he owed to the aggrieved person. A person is personally held liable in case of breach if such breach causes injury to the aggrieved person. The court observed the objective test in Bolton v. Stone[1951] AC 850, [1951] 1 All ER 1078 to determine whether there was a breach of duty of care. The court explained that the defendant shall be held liable if he fails to exercise reasonable care which any reasonable person would exercise in similar circumstances. If a prudent person fails to foresee detrimental consequences of his action, then the defendant shall not be considered negligent in taking safety measures (Giliker 2014). Issue Did Trevor commit a breach of his duty of care? Law If the defendant fails to exercise the standard of reasonable care towards the plaintiff which any prudent person would exercise in the same circumstances, the defendant is said to have committed a breach of his duty of care (Little et al. 2014). The defendant must take necessary precautions to avoid any detrimental consequences, he could foresee that is likely to cause damages or injury to the plaintiff (Guay III and Cummins 2013). Application Trevor himself asked all the tourists to put on sensible clothes and shoes for the walks and that he would conduct, the walk during daytime as there had been incidents of client injuries in the past during the nighttime walks. He failed to notice that Anna was wearing inappropriate clothing, shoes was carrying drinks. Moreover, he got involved with his work for too long and returned after sunset knowing it was not safe to walk in the midst of the forest in the dark. Trevor was could foresee the probability of risk that could result if the walk was conducted in the dark. He failed to exercise the standard of care he owed to Anna and the tourists. Any reasonable person would have exercised the standard of care in such a situation. Conclusion Trevor has committed the breach of his duty of care he owed to Anna. Third Element: Causation The plaintiff must establish the fact that the damages suffered by him were the consequence of the defendants actions. In Barnett V Chelsea Kensington Hospital [1969] 1 QB 428, the court introduced the but for test to determine if the damage caused was because of the defendants breach of duty of care. The test signifies that but for the action of the defendant, would the plaintiff suffered injuries? If the answer is yes, then the defendant is exempted , if no, then he is held liable. Issue Is Trevor liable for the personal injury caused to Anna? Law If the plaintiff proves that the damage suffered by him is a result of the defendants breach of his duty of care, then the court shall determine that if the defendant had not committed a breach, would the plaintiff still suffer such damages (Giliker 2014). If it is so, then the defendant is held liable for the damages caused to the plaintiff and if it is not so, then he shall be exempted from such liability (Goudkamp and Ihuoma 2016). Application In this case, had Trevor noticed that Anna was not wearing proper clothing and proper shoes; she would not have undergone the injury so caused. Conclusion Had Trevor been more cautious and returned during Anna would not have worn heels and sustained knee injury. Fourth Element: Remoteness of damages The plaintiff must establish that the damage caused to him by the defendant as a result of breach is not remote. The court applied the test in the Wagon Mound no 1 [1961] AC 388 that if the damage caused was foreseeable, then the defendant shall be liable for it. If the damage is not predictable then he shall be exempted from the liabilities. Issue Is the damage caused to Anna remote? Law If the damage caused is foreseeable then the defendant shall be held liable for the damage caused by his breach of duty of care. The damage caused must not be remote. It must be the immediate consequence of the defendants action (Iacobucci and Trebilcock 2016). Application Anna sustained knee injuries as she was wearing heels. If Trevor were more cautious, he would not have let her carry heels. Trevor knew wearing heels would result in injury in the forest. Conclusion The injury suffered by Anna was not remote and that Trevor was aware and could predict the risk wearing heels would amount to in the forest. Defenses The doctrine of Contributory Negligence acts as a defense to the defendant in the law of Negligence. This doctrine enables the defendant to defend himself on the ground that the plaintiff is equally responsible for the losses suffered and the injuries sustained by the plaintiff (VanDerhei 2014). The concept of this doctrine has been laid down under section 5R-5 T of the Civil liability Act. The plaintiff may be prevented from recovering damages from the defendant for the injuries sustained (Keating 2015). In the present scenario, Trevor has committed a breach of the duty of care towards Anna as he failed to notice that Anna was not wearing sensible clothing and shoes as was instructed to wear. Anna was also responsible for the injury sustained as she carried drinks. Although Trevor shall not be fully exempted but the amount of damages shall be relaxed to some extent as per the discretion of the court as stated in the case of Stapley v Gypsum Mines[1953] AC 663. Remedies Anna may be entitled to damages for the injuries sustained for the breach committed by Trevor under section 51 of the Civil Liability Act 2002. Although, Anna has committed contributory negligence by not wearing the instructed clothing and carrying drinks during the walk, Trevor shall not be fully exempted from the liabilities. References: Barnett V Chelsea Kensington Hospital [1969] 1 QB 428 Bolton v. Stone[1951] AC 850, [1951] 1 All ER 1078 Caparo Industries PIc V Dickman [1990] 2 AC 605 Deakin, S. F., Johnston, A., Markesinis, B. S. (2012).Markesinis and Deakin's tort law. Oxford University Press. Donoghue v. Stevenson [1932] AC 562 Eades, R. W. (2015).Torts Involving Personal Property(Vol. 1). Jury Instructions on Damages in Tort Actions. Giliker, P., 2014. Tort Law and the Legislature: Common Law, Statute and the Dynamics of Legal Change. Goudkamp, J., Ihuoma, M. (2016). A Tour of the Tort of Negligence. Guay III, G. E., Cummins, R. (2013).Tort Law for Paralegals. Pearson Higher Ed. Iacobucci, E. M., Trebilcock, M. J. (2016). An economic analysis of waiver of tort in negligence actions.University of Toronto Law Journal,66(2), 173-196. Little, J. W., Lidsky, L. B., O'Connell, S. C., Lande, R. H. (2014).Torts: Theory and Practice. LexisNexis. Stapley v Gypsum Mines[1953] AC 663. VanDerhei, J., 2014. Contributory'Negligence?'The Impact of Future Contributions to Defined Contribution Plans on Retirement Income Adequacy for Gen Xers.EBRI Notes,35(8). Wagon Mound no 1 [1961] AC 388
Subscribe to:
Posts (Atom)