Isaiah Davis Essays (1606 words) - Shakespearean Comedies

Isaiah Davis portrayals? Is it true that we are bound to advocate Helena as a women's activist saint (or a virgin legend) or are dynamic contemporary benefactors bound to reprimand her over the top docility? Moreover, do current observers container at the play's old people subjects? Do we hold onto the fantasy as we do TV sitcoms or do we excuse the drained plot intrigues and mechanical gadgets? Is there new shrewdness to be picked up from this ordinary, seventeenth century play? Maybe Shakespeare's story - presently all the while old and new- - resounds for contemporary crowds most especially. Surely our interest with marvel wellbeing fixes and syndicated programs that component such points as Men Afraid of Commitment, Awful Men and the Women Who Love Them, and Feminine Men and Feminizes can discover buy in Shakespeare's content. Our way of life is as yet intrigued with generational pressures (how often have we heard our folks regret former days when kids were increasingly conscious of their seniors, individuals were progressively worried about virtues, and Shakespeare was progressively open!) and character legislative issues (Is Helena a bitch? a women's activist? a charming mat? Is Bertram a weakling? One of the topics that rises up out of Shakespeare's parody All's Well That Ends Well is the contention among old and new, age and youth, astuteness and imprudence, reason and energy. As one pundit calls attention to, a basic look at the characters of the pla y uncovers a similarly adjusted cast of old and youthful. In execution it is clear that the young people of the main characters, Helena, Bertram, Diana and Parolles, is for each situation unequivocally adjusted by the more prominent age of their partners, the Countess, the King of France, the Widow of Florence and the old advisor Lafeu.1 Indeed, the argument among youth and age is set up in the principal go about as the Countess sees a reflection of her previous self in Helena's adoration wiped out face in scene three when she shouts Even so it was with me when I was youthful, and Bertram's value to the weak King of France in the past scene seems to hang upon his energetic likeness to his perished father. As the King clarifies, Such a man may be a duplicate to these more youthful occasions,/Which followed well would show them now/But goers-in reverse [I.2. 49-51]. Like such huge numbers of scholarly adolescents of his day, Shakespeare moved in reverse for his source material for All's Well and put together the play with respect to Giovanni Boccaccio's Decameron. Boccaccio's mid sixteenth-century story spins around Giletta of Narbona, the little girl of an affluent and regarded doctor. Giletta, similar to Helena (the little girl of the perished - and penniless - Gerard de Narbonne), begins to look all starry eyed at youthful check Beltramo, tails him to Paris where she cures the King's hopeless sickness, and, in view of her recently gained regal kindness, is conceded the option to request a spouse: Beltramo. Regardless of the King's elitist hesitance to allow Giletta her desire (which differentiates the Shakespearean ruler's unmitigated gift), he stays faithful to his commitment and requests the tally to wed the doctor's girl. The remainder of Boccaccio's story continues in like style to Shakespeare's except for Giletta's landing in Rossiglione (versus Rossillion) with twin children instead of a solitary baby. As W. W. Lawrence calls attention to, traditional people themes, for example, The Fulfillment of the Tasks and The Healing of the King undergird Boccacio's- - and consequently Shakespeare's- - tale.2 notwithstanding propositions story gadgets, the play additionally contains another society theme, that of the bed-stunt- - an as often as possible utilized show in Renaissance dramatization that permits one darling to be fill in for another unbeknownst to the primary party of a specific desirous tryst. Shakespeare depends on convention to give character types to him just as topical components. The puffed-up Platean officer or miles gloriosus figure shows up in All's Well in the pretense of Parolles, who slips from an admired line of showoff warriors, talkers and not practitioners, who start with Aristophanes and afterward strut their way through Menander, Plautus, and Terrence into Elizabethan comedy.3 In this way, Shakespeare gathers old shows, gadgets and stock characters to make another fantasy, one that bears the particular sign of custom however uncovers new experiences. For Shakespeare's prototype story is one that offers beginning to some troublesome inquiries. The same number of pundits affirm, All's Well contrasts from a considerable lot of Shakespeare's different comedies

Marijuana Exploratory

Jamal Mujaddidi English 205 Professor Jay 8 April 2010 Exploratory Essay Legalization: Good or Bad? As a component of the Marijuana Tax Act of 1937, Marijuana for all objects was banned across the country. Preceding this Act, more than 30 states had forbiddance laws towards Marijuana since ranchers who utilized for the most part Hispanic laborers griped that this medication would make individuals become â€Å"slow† or â€Å"lazy† and would likewise make the clients become dependent. Other than the ubiquity among this group, pot was utilized as an intoxicant during the 1850’s through the 1930’s and was recorded in the United States Pharmacopeia. The dynamic fixing in maryjane is THC, or delta-9-tetrahydrocannabinol, however this is just one of the 400 different synthetic compounds that are in the plant (TheWELL). It was endorsed for conditions, for example, work torment, queasiness, joint pain, and ailment (DeLisle). It was simply after people started perpetrating violations while affected by Marijuana that the U. S. Government Bureau of Narcotics gave maryjane the picture of an incredible, irresistible, substance that would lead clients into a progressively genuine dependence. During the 1960s, it was predominantly utilized by undergrads and â€Å"hippies,† and thusly turned into an image of insubordination to power. Weed utilize turned into a typical issue in congress which prompted The Controlled Substances Act of 1970 which arranged weed alongside LSD and heroin as S1 drugs, also called substances which have the most elevated relative maltreatment potential and no type of clinical use (DEA). Far reaching annihilation of cannabis and maryjane items started. The present rivals of maryjane authorization guarantee that pot has addictive characteristics and is a pestilence on America’s youth. This group presents that weed is a â€Å"silent-killer† because of a growth and form which can without much of a stretch develop on the part which is smoked by clients (PRNewswire). This organism can cause lung malignant growth and they have regarded pot as bio-perilous. The resistance additionally goes to state that maryjane can effectsly affect the mind and can cause synapses to bite the dust. Some examination recommends that utilization of pot during pregnancy can bring about untimely birth and low birth loads and can even reason transitory loss of ripeness. Alongside unfavorable consequences for the regenerative framework, the resistance asserts that weed use during pre-adulthood can be destructive to physical and sexual turn of events. This side pushes for additional forbiddance of cannabis and stricter disciplines because of their convictions that the negatives exceed the advantages. In this discussion, stand the moderate maryjane use supporters. This side perspectives cannabis use as a potential option in contrast to painkillers which are unfavorable to imperative organs. This group is essentially comprised of doctors and medicinal services experts, as wells as patients of incessant ailments and torment. Specialists and attendants state that cannabis is a less harmful and more affordable medication for sicknesses, for example, different sclerosis, Crohn’s illness, headaches, malignant growths, and numerous different issue which cause interminable side effects and torment. This side additionally expresses that marijuana’s flexible nature permits patients to pick up the agony easing impacts through ingestion, counterbalancing the negative impacts of smoking. Other than every one of these advantages, this group pushes for a protected, dependable and quality-controlled wellspring of cannabis which must be accomplished through legitimization. It is accepted that after this source is made, numerous unfriendly impacts of â€Å"bad† cannabis will scatter. Another camp of this discussion is the supporters of full authorization of cannabis use and development for therapeutic and recreational use. These supporters guarantee that pot ought to be permitted to be utilized in the manner liquor and cigarettes are utilized recreationally. They express these correlations have more regrettable long haul impacts than THC but then they are burdened and controlled. Another point they make is that maryjane would infuse a huge number of dollars into the economy once government developed cannabis is burdened. Other than the smoking and ingesting of the medication, the plant can be utilized for its normally delivered fiber known as hemp. This can be developed from the stem of the plant and utilized economically and modernly for paper, materials, biodegradable items and clinical purposes. Generally speaking, they accept the asserted threats of pot are overstated and insufficient clinical preliminaries have been done to check these cases. As a school level youth and the Legalization of weed use in California is on the polling form, I am keen on finding out about this issue before I make my choice. I have seen the advantages of therapeutic cannabis in my family and can authenticate the agony easing impacts. Concerning the recreational use, I accept that liquor is a considerably more hazardous substance that can be inconvenient to mental and physical wellbeing and cause unreasonable choices while impaired. Preclusion has appeared to not be a suitable arrangement before and I don’t figure it can ever understand anything. Guideline then again can end up being powerful on the grounds that substances won't be purchased and exchanged unlawfully. I figure the sanctioning of cannabis will improve lives, decline wrongdoings, and marginally improve the economy. Works Cited DeLisle, Judi. _Medical Marijuana Research Guide. Valencia West Campus Library_. Web. 20 Mar. 2007. 7 Apr. 2010. â€Å"DEA, Controlled Substances Act. † Welcome to the United States Department of Justice. Web. 08 Apr. 2010. â€Å"The Marijuana Initiative Is a Silent Killed and It Should be Defeated †Los Angeles, March 25/PRNewswire/. †_PR Newswire: Press Release Distribution, Targeting, Monitoring and Marketing. _Web. 08 Apr. 2010. â€Å"Fact Sheet †Marijuana. † The WELL †The Birthplace of the Online Community Movement. Web. 08 Apr. 2010.

Critically Evaluating Research Example

Critically Evaluating Research Example Critically Evaluating Research â€" Article Example > Critical Evaluation of Research InformationQuailitative research is a type of scientific research which involves an investigation that seeks to answer quetsions systematically using a predestined a set of procedures to solve the problem. It uses the “bottom up” and the inductive method of research primarily for the purposes of exploration and description in an effort to understand how peple feel, think and experiancetheir lives. Qualitative data is used. Evidence is collected, analaysis of themes, hoistic features and patterns done, and unprecedented findings produced which are applicable beyond the immediate areas tha research is limited to. The findings of a qualitative research are not generalized since the focal point is usually localized, personalized and subjective. Qualtitative research on the other hand is scientific research method that makes use of confirmatory, deductive or “top down” scientifc approach. It is primarily used for explanation, prediction and descr iption of quantitative data. It involves proper application of statistical methods to a large population. It is based on quantitave data and concentatrates on the analysis of diffferent variables. The evdenece is collected and the findings are statistical based on the predeiction (hypothesis. ) The goal of a quantitative research is usually to generalize the findings. Both qualitative and quantitave research methods differ mainly in the objectves of study, kind of resaerch questions used, types data collection instruments, the form of data produced by these instruments and the extent of flexibility of the study design. The following table adopted from Snap Surveys (2011) wesbite summarizes the diffefences between qualitative and quantitave resaerch methods. Table 1. Differences between qualitative and quantitative research methods. Qualitative ResearchQuantitative ResearchAimTo understand the underlying reasons and motivationsTo obtain insights into the circumstances of the problem , getting new ideas and theories for successive quantitatve studiesTo expose the existing trends in views, thoughts and opinionsTo get the generalized result from quantified data analysed on a sample and apply it to the population under study. To determine the ocurrence of different opinions and view in the sample under studyTo get findingd that can be further explored by a qualitative study. Sample Selection and sizeA small number of respodents are usually chosen using a particular quota for non-represenative cases. A randomly selected large group of cases represing the population under study. Collection of DataThe techniques used are either unstructured or semi-structured with the use of individual or focus group interviews The techniques used are structured with the use of questionnaires or telephone interviews. Data analysisThe analytical techniques are on-statistical like thematic analysis. The analytical techniques are statistical like use of descriptive techniques and measur es of central tendency. ResultsInvestigative and exploratory non-conclusive findings that cannot be used for generalizations. Give a basic understanding for further research and decision making. More conclusive findings that are used to make a recommendaions appropriate course of action. Question FormatOpen-endedClosed-EndedThe most important difference between qualitaive and quantitative research methods is flexibility. Quantitaive research methods are generally inflexible. Quantitave research methods such as quetsionnaires and surveys, partcipants are askes the same similar questions in an identical order. The respones expected from the participants are either fixed or “close-ended”. This inflexibility has an advantage in that it allows meaningful evaluation of the responses collected. Qualitative methods on the other hand are flexible allowing more spontaneity and variation of the relationship between the researcher and partcipants. The research questions are usually “ope n-ended” and the wording may vary from one participant to another. The partcipants therefore respond freely in their own words. It is not a simple “yes” or ”no. ”So, how are the two types of scinetific research methods valid in research and to what extent can they be reliad upon to give the required outcome? The validity of a research method refers to the extent to which the findingd of the study gave the outcome which they were designed to give. Reliability of a research study on the other hand refers to ability of the research method to be apllied elsewhere in a similar situation. There are differrent standrds for measures of validity and reliability for quantitative and qualitative research methods in evaluating the quality of a research. The table below shows criteria for explitly evaluating the soundness of both qualitative and quantitave resaerch methods. Table 1. Different criteria for judging qualitative and quantitave research methods.

Social Conformity And Political Disengagement - 975 Words

During the late 1950s and early 1960s intellectuals such as David Riesman, Irving Howe, William Whyte, and Daniel Bell critically analyzed what they perceived as ineffectual social conformity and political disengagement. Each had their own unique take on what exactly was wrong with mass society in the prosperous years after World War Two. Each had a different definition of conformity and aspects of society and politics were the cause of that mass society. By looking into these intellectuals writings it is possible to perceive what their criticisms with society were and what alternatives to conformity they advised. One widely known work by one of these four intellectuals is The Organization Man by William Whyte. According to Whyte there is a massive group within American society that he calls â€Å"The Organization†. Members of The Organization are not low class workers or white collar workers, but instead are the majority of the middle class that work within lager institutions. Whyte states that most members of The Organization are not in positions of great power within their respective occupations, nor will they ever be. Now it should be clear that The Organization not an actual institution or some conspiratorial body as its name implies, it is more of an abstract idea relating to the mindsets of the majority of the working class. A mindset in which middle level workers recognize their situation within a business or organization, but do not necessarily fret over it, they areShow MoreRelatedThe Desegregation Of The United States Supreme Court Essay1382 Words   |  6 Pagestotal of par ts in perspective of two incongruent sorts of human affiliation and control, greater part manage government and white supremacy. In pivoting Plessy v. Ferguson it, basically, signified the legitimate end to required restriction of one social affair of subjects from another with no attempt at being subtle workplaces essentially because of race. 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The Tort Law Effect On Victims Essay Online For Free - Free Essay Example

Sample details Pages: 12 Words: 3523 Downloads: 1 Date added: 2017/06/26 Category Law Essay Type Review Tags: Tort Essay Did you like this example? The word tort is derived from the latin word tortus, meaning a wrong. Tort law is the law concerned with allowing the victims of harmful actions, whether caused deliberately or by negligence to claim compensation. In order to advise Shane who, if any one, he can sue for compensation for his injuries. Don’t waste time! Our writers will create an original "The Tort Law Effect On Victims Essay Online For Free" essay for you Create order It is important to discuss what roles the other parties played in the accident. Warne is an employer of an independent contractor (Hingis Ltd) who are a firm specialising in tree management. When an individual causes injury directly to another they will be liable for the tort committed. But when a person is liable for a tort committed by another it is called vicarious liability. For example if an employers, employee commits an act while at work then the employer can be held vicarious liable. Generally an employer or client in this case is not held vicariously liable for tort committed by independent contractors. The claimant normally will have to sue the contractor. However there are exceptions to the rule if the circumstances are an extra-hazardous activity. For example in Honeywill and Stein v Larkin Bros Ltd (1933) Honeywill engaged Larkin to take photographs of the interior of a cinema. Larkin used a flashlight which involved the ignition of magnesium powder. The came ra was placed too close to a curtain on the stage and the entire theatre caught fire. The Court of Appeal held that the taking of photographs in this way was an extra-hazardous activity for which Honeywill could not delegate responsibility to the photographer, and thus remained liable to the owners of the cinema for the damage caused. In Salsbury v Woodland (1969) a case which is very similar to our case. The owner of a house employed a tree-felling contractor to remove a large tree in his front garden. The contactor removed the tree in a negligent manner which broke a pair of telephone wires running across the garden which left the wires in the road causing an obstruction. Salsbury went into the road to remove the wires when a car approached at speed. Salsbury, realising that a collision was inevitable, threw himself onto the grass verge but his fall caused a tumour in his spine to bleed which brought about paralysis. Salsbury sued the house owner, the tree contractor and the ca r driver. The Court of Appeal held that the general rule should apply; namely that the householder should not be liable for the negligence of the tree contractor who was an independent contractor. The removal of the tree was not work of an inherently dangerous nature and could not be treated as an exception to the rule within Honeywill doctrine. From this case it concludes that Warne should not be liable because it was not foreseeable the contractor would mismanage the work and he acted reasonably by employing a specialist tree contactor. Hingis Ltd Hingis are a specialist tree contactor who have mismanaged the work and broke the telephone wires leaving them trailing across the road. A firm specialising in tree management should know the risks of branches hitting telephone wires that are close by. The tort of negligence can be summarised as: the defendant must owe duty of care to the claimant the duty must have been breached the breach must be the cause of the claimants damage or loss Hingis had a duty of care to other people around them which is called the neighbour principle and was established in the Donoghue v Stevenson (1932) case. Lord Atkin said that you have a duty of care owed to your neighbour in law. Lord Atkins response to the question Who is my neighbour? from the lawyer is You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who, then, in law, is my neighbour? The answer seems to be-persons who are so closely and dire ctly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions that are called in question From this case it was established that if a duty of care does not already exist, a reasonable man will owe a duty of care not to injure those whom it can be reasonably foreseen would be affected by their actions. When Hingis cut down the tree which brought down the telephone wires they breached this duty of care; as a professional this should not have happened. In Bolam v Friern Hospital Management Committee (1957) a doctors professional judgement was made that another substantial body of other doctors would not have made and from this the House of Lords laid down standards that are expected of professional people. Could Hingis have reasonably foreseen that the tree would bring down the telephone lines? I think that as professionals they should have foreseen this. In The Wagon Mound case the op inion of the Privy Council was that a person is responsible only for consequences that could reasonably have been anticipated. Martina/Shane Martina was driving her car around the corner at speed when she hit Shane. Section 1 (1) of the Contributory Negligence Act 1945 says Where any person suffers damage as the result partly of his own fault and partly of the fault of any other person or persons, a claim in respect of that damage shall not be defeated by reason of the fault of the person suffering the damage, but the damages recoverable in respect thereof shall be reduced to such extent as the court thinks just and equitable having regard to the claimants share in the responsibility for the damage The fact that Shane would not have been in the road if Hingis Ltd did not make the telephone cables trail dangerously in the road. I feel that it is a little unfair to blame Martina completely for hitting Shane. In Gregory v Kelly (1979) the claimant was held to be contributory negligent when travelling in a car when he knew that the footbrake did not work. In this case it is clear that the claimant was contributory negligent but in our case it is not clear cut. On the other hand Martina owes a duty of care to other road users and pedestrians, and therefore could be liable regarding any lack of duty of care. As she was perhaps driving too fast and the incident was around a corner where she obviously could not see clearly around. Shane as the reasonable man faced with an emergency of a potential traffic accident, took an instinctive decision to lift the wires to the side of the road. Shane could be referenced to a rescue case in law called Cutler v United Dairies (London) (1933) in which the claimant was injured trying to help the driver of a milk float whose runaway horse had come to rest safely in a field. The court held that the danger was over by the time the claimant carried out his heroics. The horse as I see it is the equivalent of the wires on the road in our case. Volenti non fit injuria is a rule that means a person cannot usually sue for damages when he consented in the fi rst place to whatever it was that caused the damages. If someone willingly placed themselves in a position where they may be harmed, they cannot then sue if harm does in fact happen. It could be argued that Shane as someone with a pre-existing back condition go into the middle of the road to remove the wires? The volenti only applies to the risk which a reasonable person would consider them as having assumed by their actions. Rescuers are unlikely to be held volenti if they sue the person who originally created the danger. In Harrison v British Railways Board (1981) the court said that an injured rescuer could sue the person who created the danger. The rescuer was found to be contributory negligent for not following established work procedures. Conclusion My view is that Hingis is certainly negligent for the mismanaged work, but they could not have foreseen that a member of the public would run out into the road to remove the wires. Martina is negligent for not driving with due care and attention to other road users, as she should not have been driving to a speed which would not allow her time to stop if something or someone was in the way. For example it could have been a child which had run out in the road and she needed to stop quickly. Although Shane acted completely recklessly by removing the wires when a reasonable man may have just stopped the traffic and called for assistance. He could sue both Hingis and Martina which would lead to multiple tort feasers. If he was to sue only Hingis he would leave Hingis the choice to sue Martina for contributory negligence. QUESTION 2 Victor The building operations that disturb Victor in the early mornings and during the afternoon, when he is trying to give piano lessons are due to Montgomery construction Ltd carrying out renovation work on Davids house. This falls into a category of nuisance in the law of tort. This is the unlawful interference directly or in directly with a persons land. The interference must be within circumstances that a reasonable person cannot be expected to tolerate which is a very difficult and complex decision by the courts to reach. Nuisance has four different categories: Trespass Private nuisance Public nuisance Statutory nuisance Victors case is one of private nuisance as it is a neighbours property as outlined in the case of Spicer v Smee (1946) when the judge said Private nuisance arises out of a state of things on one mans land whereby his neighbours property is exposed to danger. A balance must be maintained between the right of the occupier to do what he likes with his own home, and the right of his neighbour not to be interfered with. In Christie v Davey (1893) Christie and Davey were neighbours. Christie was a music teacher that gave lessons and sometimes held musical parties. Davey objected to this, and retaliated by blowing whistles, banging on metal trays, shouting, and generally making a noise to disturb the music. An injunction was granted to Christie as Daveys conduct was purely malicious and was therefore unreasonable. In Andreae v Selfridge Co Ltd (1937) Selfridges failed to keep the noise and dust of building work to a minimum are were found negligent as they had conducted its operations in such a way noise and dust had interfered with the reasonable and comfortable occupation of Andreae on her premises. The contractor must take proper precautions, and see that the nuisance is reduced to a minimum as Andreae had suffered damages. If Victor can prove that his students are not having lessons with him due to the noise than m aybe he could have a case where he could claim damages to his business due to the building work noise as in the Andreae v Selfridge Co Ltd case. I think Victor is over sensitive because he would have a tuned ear to noise as a piano teacher. The majority of people would not be adversely affected by construction work to a neighbours property although they may be inconvenienced. The piano lessons in question are similar to the case McKinnon Industries v Walker (1951) where fumes from the defendants factory damaged delicate orchids. As the fumes would have damaged flowers of ordinary sensitivity there was a nuisance. The court ruled in favor of the plaintiff because his right to enjoy his land had been damaged and therefore could also claim protection for his more unusual and sensitive activities. The standard of tolerance is that of the normal neighbour but a plaintiff has a case in nuisance for damage even if he is abnormally sensitive. I conclude that the best Victor is likely to achieve in court is a restriction on the early morning working hours on the site. David and Montgomery Construction are not liable for the noise as a private nuisance. The work is temporary and the complainant is sensitive. Victor as a piano teacher seems to be over sensitive to noise and the noise is just a short term issue. Christine This falls under occupiers liability acts (OLA) 1957 and 1984 an occupier of premises owes a common duty of care to all lawful visitors. The definition of an occupier was discussed and clarified in Wheat v E Lacon (1966) when Lord Denning defined the occupier as a person who has sufficient control over the premises to the extent that he ought to realise that lack of care on his part can cause damage to lawful visitors. He said: Wherever a person has a sufficient degree of control over premises that he ought to realise that any failure on his part to use care may result in injury to a person coming lawfully there, then he is an Occupier and the person coming lawfully is his Visitor and the Occupier is under a duty to his Visitor to use reasonable care. In AMF International Ltd v Magnet Bowling Ltd (1968) the contractor was to provide and install valuable timber and other specialised bowling alley equipment. On July 21, 1964 an exceptionally heavy rainstorm flooded the build ing and the timber for the building work was seriously damaged. The court held that the contractor and the building owner were both occupiers of the building. In the OLA 1957 an occupier must be prepared for children to be less careful than adults (s2(3)(a)). Therefore, if an occupier admits children to the premises the child visitor must be reasonably safe as in Phipps v Rochester Corp (1955) the Defendant was not liable to a boy who fell into a trench while walking across open ground with his sister. This was not a breach of duty as reasonable parents will not permit young children to be sent into danger without protection. The OLA 1984 covers uninvited visitors or trespassers in (s.1(4)) it states that an occupier of premises owes a duty to another in of such a risk, the duty is to take such care as is reasonable in all the circumstances of the case to see that he does not suffer injury on the premises by reason of the danger concerned. In British Railways Board v Herrington (1972) the board was held liable for injuries to a six year old child who had been playing on the railway line. The House of Lords held that the occupier of the railway premises owed a duty of common humanity to the child. Until this case no duty of care was owed to trespassers. The Occupiers Liability Act 1984 was then extended after this to include a duty of care to trespassers). My advice to David and Montgomery Construction Ltd is that as one of them is the owner and the other is the builder they both are jointly occupiers of the premises and have control over the premises. Christine was a child trespasser who entered the building through an unglazed window. The site should have proper Heras fencing around it with all the correct signage for health and safety. The building itself should be fairly secure to stop trespass and for security. The window that Christine entered through should really have been boarded up. Referring back to the British Railways Board v Herrington case they could well be held liable for no duty of care to Christine. But it must be stated that the signage that is sufficient for adults is not good enough to apply to children. That is if a sign that states no trespassing for example is it considered inadequate for a child to understand and follow. Edgar Edgar was a lawful visitor to the site in question and under the OLA 1957 the occupier owes a common duty of care to him. Again both the contractor Montgomery and David may be considered to be the occupiers of the building. All visitors to sites are given an induction and told of all the health and safety risks on site. I feel Edgar should have been aware of the hazards on site after this and should take the necessary precautions associated with a building site. (s.2(4) OLA 1957 states: (a) where damage is caused to a visitor by a danger of which he had been warned by the occupier, the warning is not to be treated without more as absolving the occupier from liability, unless in all the circumstances it was enough to enable the visitor to be reasonably safe; and (b) where damage is caused to a visitor by a danger due to the faulty execution of any work of construction, maintenance or repair by an independent contractor employed by the occupier, the occupier is not to be treated without more as answerable for the danger if in all the circumstances he had acted reasonably in entrusting the work to an independent contractor and had taken such steps (if any) as he reasonably ought in order to satisfy himself that the contractor was competent and that the work had been properly done. I feel that wet plaster on the floor is not a sign of an incompetent tradesman but more of the nature of the job with plastering. Edgar was aware of the risks on site and any injuries sustained to him could be due to contributory negligence from lack of care. But if Edgar was on site without a site induction David and Montgomery could be held liable for duty of care to Edgar. QUESTION 3 The rule of Rylands v Fletcher (1868) is a tort of strict liability and was laid down from the case which caused harm by escapes from land used for hazardous purposes. The defendants employed a contractor to construct a reservoir on their land. When doing this water broke through the filled-in shaft of an abandoned coal mine and flooded connecting passageways into the plaintiffs active mine nearby. The defendants were held personally liable irrespective of fault. Judge Colin Blackburn said: We think that the true rule of law is, that the person who for his own purposes brings on his lands and collects and keeps there anything likely to do mischief if it escapes, must keep it at his peril, and, if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape. He can excuse himself by showing that the escape was owing to the Plaintiffs default; or perhaps, that the escape was the consequence of vis major, or the act of God; but a s nothing of this sort exits here, it is unnecessary to inquire what excuse would be sufficient. This rule opens up an opportunity for the courts to apply all liability upon the owner of the land who had not intended for the escape and or damage. It is a good example of a loophole that allows the independent contractor to get away with negligence and the owner of the land is held accountable for everything. Strict liability is imposed under the liability for fire and to a degree for animals. Defences can be: If the claimant has consented Default of the claimant Act of a stranger Act of God Statutory authority Rylands v Fletcher is very useful where the defendant has done everything that he could possibly do to stop something happening. Word count: 3282 Biography Brewer Consulting Extra hazardous liabilities [online] Available at: https://www.brewerconsulting.co.uk/cases/CJ9619NE.htm [accessed 9th May 2009] WordPress Duty of care in torts'[online] Available at: https://www.legal-history.com/?p=42 [accessed 9th May 2009] The K Zone Bolam v Friern Hospital [online] Available at: https://www.kevinboone.com/lawglos_BolamVFriernHospitalManagementCommittee1957.html [accessed 10th May 2009] Law teacher The tort of negligence [online] Available at: https://www.a-level-law.com/tort/Negligence/Flowchart.pdf [accessed 10th May 2009] Office of public sector information Law Reform (Contributory Negligence) Act 1945 (c.28) [online] Available at: https://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1945/cukpga_19450028_en_1 [accessed 14th May 2009] Swarb Nuisance 1930- 1959 [online] Available at: https://www.swarb.co.uk/lisc/Nuisn19301959.php [accessed 14th May 2009] Fenwick Elliott nuisance and the builder [online] Available at: https://www.fenwickelliott.co.uk/files/docs/articles/html/nuisance.htm [accessed 14th May 2009] Loughborough University IDENTIFICATION OF ENVIRONMENTAL RISKS [online] Available at: https://www2.ing.puc.cl/~icccon/abstracts/PDF/Track5/T5-P22.pdf [accessed 16th May 2009] Swarb Torts 1960-1969 [online] Available at: https://www.swarb.co.uk/lisc/TrtOt19601969.php [accessed 16th May 2009] Law teacher AMF International Ltd v Magnet Bowling Ltd [online] Available at: https://www.lawteacher.net/cases/neg15.htm/file-91.php [accessed 16th May 2009] Card,R. Murdoch, J. Murdoch,S.,2003. Estate management law. 3rd ed. New York: Oxford University Press. Askey,S. McLeod, I., 2006. Studying Law. 2nd ed. Hampshire: Palgrave Macmillan Paper 6041 (2002) General liability, CEM Paper 6042 (2002) Direct and indirect interference with land, CEM Paper 6043 (2002) Negligence, CEM Paper 6044 (2002) Defective premises, CEM Paper 6045 (2002) Breach of statutory duty, CEM Paper 6046 (2002) Strict liability, CEM Mullis,A. Oliphant,K. 2003. Torts 3rd ed. Hampshire: Palgrave Macmillan

A Birthday Surprise Free Essays

It was 19th May of 2006 and it was my father’s birthday. He is the kind of person who prefers simple dinners with his own family instead of noisy celebration with relatives and friends. But that day was special cuz he had his 40th birthday. We will write a custom essay sample on A Birthday Surprise or any similar topic only for you Order Now It was Saturday and after we wished him happy birthday, he went to work. Well my father thought that we were just going to have a dinner as always. But this is what he knew while my mom and I had organized a birthday surprise. She had invited all his close friends and family for a cocktail party in the evening. Everything was ready. Even why I passed all the day shopping I couldn’t wait till my dad came home. Anyway he arrived sooner than I thought and later I began to get dressed. I was totally excited. My mom had the most difficult ‘job’ if I can say so. She had to convinced him to wear a suit and she made it up. Another anusual thing happened. I wrote unusual because my mom asked him to drive. She never did this maybe she has her own car that’s why. I think that my dad understood that he had missed something. So began to ask where are we going and why am I wearing a suit. I told him we changed the reservation but it was irritated hearing him asking the same question over and over again. But finally we arrived and everyone was waiting for him. When my father entered in all began to sing the happy birthday song. I remember everyone had a great time and I won’t forget my father;s happy face telling me I knew something was going on. Time by time I have a look to those photos we had. It really was a special day. How to cite A Birthday Surprise, Papers

Corporate Law Partnership Act

Question: Discuss about theCorporate Lawfor Partnership Act. Answer: Introduction The question states that Jack, Jill and Max have managed to establish a healthy business which is related with the sale of truck and are now searching for a suitable legal structure to propel their business ahead. In order to capture on the future growth opportunities provided. It is imperative that the business structure must be appropriately defined. In the given case, sole trader is not possible as there are three owners have stake in the business and thus the viable alternatives for the current business are a partnership structure and a company structure (Latimer, 2005). A critical analysis of these structures along with implications is discussed below. Partnership In accordance with the relevant act of the Partnership Act, 1963, partnership refers to the relationship that exists between individuals or partners in relation to carrying on with a particular activity with the prime intention of deriving gains from indulging in the same. Also, there are some features of partnership as highlighted below. Partners tend to have fiduciary duties that are directed toward each other (Birtchnell v. Equity Trustees (1929) 43 CLR 384) The governance of partnership is driven by underlying idea of mutual participation (Green v. Beesley (1835) 2 Bing N C 108) Benefits The advantages of a partnership business are briefly outlined as shown below (Davenport Parker, 2014) There are minimal legal formalities (less cost and consumption of time) associated with its inception as potentially the execution of partnership agreement gives rise to a partnership firm. Since there are partners who are looking after the business, thus it potentially leads to better work load division in comparison with sole trader and enhances the decision making prowess owing to broader set of suggestions. There is objectively in relation to the sharing of benefits and liabilities which are driven directly from the partnership agreement and the underlying statute.. Limitations There is mutual liability of partners and hence the partners tend to bound by individual decisions taken by a particular partner with or without the consent of others (Lang v James Morrison Co Ltd (1911) 13 CLR 1 at 11). There is lack of liquidity in terms of the exit option since a particular partner cannot sell the stake to another investor without consent on the same by the existing partners. There is infinite personal liability on the partners as the partnership firm does not have a separate legal identity and is known by its partners only who have to personally bear all business related liabilities (Re Buchanan Co (1876) 4 QSCR 202) Benefits of Company The business is in the companys name as it has a separate legal entity as prescribed by the Corporations Act 2001. The shareholders have no personal liability for the activities of the company and for any issue the company would be held responsible and may also face liquidation It is convenient to alter the ownership structure by the issue of the shares and hence aids is raising of incremental capital Limitations of Company There is higher requirement of time and cost with regards to inception of the company. The company typically has higher reporting obligations as compared to the other structures which may be resource consuming. Recommendation Conclusion In the given case, the owners should choose the company structure owing to the reasons attributed below. Considering the nature of business, capital requirements are expected to be high and hence company allows for convenient raising of capital through equity dilution (Harvey, 2009). In case of a faulty truck, the potential liabilities for the business can be sizable and thus the company structure would provide immunity to the personal wealth of the owners in case of any adversity As the business is expected to witness rapid growth, the tax liability in case of company would be lower than the individual tax obligation paid by the owners at the highest marginal rate (Lindgren, 2011). Issues To ascertain whether the employer (Child Toys) would have to necessarily bear the liability arising from the wrong actions taken by employee (Betty). To advice the employer (Child Toys) on the possibility of taking legal course of action against the potential violation of restrictive covenant by previous employee (Charles). Rule It is noteworthy that employer-employee relationship is a prime example of an agency relationship where the employer acts as the principal and employee tends to act as their agents. In such relationships, both the parties have fiduciary duties towards each other. In this context, the employee needs to ensure that he/she should act with care and adequate due diligence and seek to take only those actions which further the valid interests of the employer (Paterson, Robertson Duke, 2015). Further, the employer need to provide immunity to the employee for their actions and bear any liabilities that may arise from the same (Keramianakis v Regional Publishers Pty Ltd, [2009] ). However, this immunity is limited only when the employee has acted in good faith (Lindgren, 2011). But, this however does not matter for the external party client who is entering into contract with the company through the agent. The agent acts as a representative and essentially the contract is executed with the company which needs to bear any contractual liabilities arising from the same. This is the case even when the employees have acted in a manner that is detrimental to the interest of the principal and that too without the knowledge or instructions from the principal to engage in the same (Amaba Pty Ltd v Booth [2011]) (Pathinayake, 2014).This understanding with regards to the liabilities being borne by the employer is also explicitly mentioned in the Section 5Q, Civil Liability Act, 2002. Further, in cases where the contracts have been executed by employees or agents through misrepresentation (innocent or fraudulent), the potential liabilities that arise from the same in the form of claims by the external party would necessarily be borne by the employer even when the it has given no instruction to the employee to engage in misrepresentation (Maxwell v Highway Hauliers Pty Ltd, [2014]). This understanding is also advocated by Section 128 and Section 129 of the Corporations Act 2001 (Davenport Parker, 2014). With regards to the enactment of restrictive covenant, these are put in place by the employers to ensure that the employee in the aftermath of termination of employment do not engage into competing activities by leveraging the privileged information that they gain access to owing to their superior position at the previous employer. In most cases, restrictive covenants are not enforceable especially when they tend to be highly restrictive in scope and intent (Latimer, 2005). It is noteworthy that businesses have privileged information that may be accessible to top executives and it is imperative that on retirement or termination of employment contract, these employees do not act in bad faith by leveraging this information to cause harm to the interests of the precious employer (Australia Pty Ltd v Allam, [2013]) (Lindgren, 2011). In such cases, when it is apparent that conduct of the employee is driven by bad faith and intent, then the restrictive covenant is held enforceable by the court of law (Wingfoot Australia Partners Pty Ltd v Kocak, [2013]). Thus, it may be fair to conclude that while the restrictive covenant is not wide and highly intrusive in its scope but still in selective circumstances, it can potentially protect the employers business interests especially when the previous employee is acting on bad faith (Pathinayake, 2014). Application: Based on the case information, it would be fair to conclude that Betty is an agent of the company (Child Toys) and has entered into a contract based on fraudulent misrepresentation. Due to this contract, a child got severely injured as presence of chemicals in toys was confirmed. While the agent did not inform or take permission from the company before misrepresentation of facts, but despite that the employer would be liable for the injuries sustained by the child. However, in case of betty indulging in misrepresentation without instructions from the company, then she has breached her fiduciary duties and could be held liable by Child Toys. It is apparent that Charles had a privileged position at Child Toys which provided access to clients and a better understanding of their individual requirements in terms of toys. Despite the enactment of a restrictive covenant which extended to two years, Charles immediately after leaving the company opened a rival business and started doing business with the clientele of the previous employer. Ideally, Charles should not have approached these clients directly and this amounts to acting in bad faith due to which the enforceability of the restrictive covenant would be hailed by the court and the company can take legal course of action to seek damages or get an injunction order to prevent Charles from repeating it. Conclusion: The company (Child Toys) has to bear the losses and damages claimed due to misrepresentation by Betty. The restrictive contract is considered enforceable as Charles acted in bad faith by directly seeking business from the previous employers clients and hence legal actions can be undertaken by Child Toys. References Statutes and Case Laws Partnership Act, 1963 Corporations Act, 2001 Amaba Pty Ltd v Booth [2011]. 283 ALR 461; Aristocrat Technologies Australia Pty Ltd v Allam (2013) 297 ALR 406 Birtchnell v. Equity Trustees (1929) 43 CLR 384 Green v. Beesley (1835) 2 Bing N C 108 Lang v James Morrison Co Ltd (1911) 13 CLR 1 at 11 Keramianakis v Regional Publishers Pty Ltd(2009) HCA 18. 237 CLR 268 Maxwell v Highway Hauliers Pty Ltd (2014) HCA 33 Re Megevand; Ex parte Delhasse (1878) 7 Ch D 511 Wingfoot Australia Partners Pty Ltd v Kocak (2013) HCA 43 Books Davenport, S Parker, D 2014, Business and Law in Australia, 2nd eds., LexisNexis Publications, Sydney Harvey, C. 2009, Foundations of Australian law. 3rd eds., Tilde University Press, Prahran, Victoria Latimer, P 2005. Australian business law, 24th eds., CCH Australia Ltd. Sydney Lindgren, KE 2011, Vermeesch and Lindgren's Business Law of Australia, 12th eds., LexisNexis Publications, Sydney Paterson, J, Robertson, A Duke, A 2015, Principles of Contract Law, 5th eds., Thomson Reuters, Sydney Pathinayake, A 2014, Commercial and Corporations Law, 2nd eds., Thomson-Reuters, Sydney