Law - Tort of Negligence Essay Example | Topics and Well Written Essays - 1500 words

Law - Tort of Negligence - Essay Example out front then, the courts studied the circumstances of the incase and so if thither was precedent and decided, based on all these, if the complainant was entitled to redress. Tort of negligence There was no set rule defining what negligence was. It was in the case of Donoghue vs. Stevenson where negligence as a rule first arose (Oliphant,2005. P. 325). In this case the plaintiffs friend offered her a ginger beer that was manufactured by the defendants. The drink was contained in an opaque bottle. She poured some(prenominal) of the beer and drank it. When she poured some more, she discovered that the drink had contained a decomposed snail. She then became sick because of the disgust from the thought that she had been drinking the remains of the decomposed snail. She sued the manufacturers. The defendants argued that if they had a contract, it was between them and the plaintiffs friend, who was in fact the one who bought the drink. They the refore didnt have a contract with the plaintiff and didnt even know her. So they had no liability. From the courts arguments in this case, three major points came out- Contract fallacy The court agreed that one doesnt need to have contractual relations with someone else in order to be liable to that person. This point shot down the defendants argument. ... who are in my contemplation when I am directing my mind to the acts or omissions in question. This point showed that the defendant did thusly owe the plaintiff a duty of care. The principle of product liability This principle states that the manufacturer of a defective product is liable to the ultimate consumer who receives that product. This principle has since then evolved and gone on to serve impertinently purposes. This case went up to the House of Lords and they agreed that the defendant owed the plaintiff a duty of care. The factors of whether there was a breach of that duty and whether damage occurred were not brought up in this case because the defendants feared the bad publicity that the case had brought and decided to settle it with the plaintiff outside the court. The court decided that there were three main ingredients to the civil wrong of negligence The defendant must(prenominal) owe a duty of care to the plaintiff there must be a breach of that duty, and the breach must result in damage. Breach of duty to educate care Thus the first thing that the cricket club ought to ask itself was whether the Brunel owed it a duty of care. From there the cricket club must establish whether Brunel breached the duty of care. This comes about where the defendant failed to take reasonable care. reason may vary with circumstances e.g. if someone is handling a box of sweets, the reasonable care requisite may be much less than that which is required while handling a box of explosives. The case of Blyth vs. Birmingham Waterworks Co. further expounded on this Alderson B. in this case described negligence as omission to do something which a reasonable man, guided upon those considerations which generally or ordinarily regulate human affairs pass on do, or doing something which a reasonable man

Financial Markets and Risk Essay Example | Topics and Well Written Essays - 1000 words - 1

Financial Markets and Risk - Essay ExampleIt will as well as mobilize and pool nest egg. Financial market also helps in diversification of trade and reduction of risk. (Campion 2010, pp.67-209) It is glorious to wrinkle that this market facilitates development of fiscal institutions and instruments that can manage risks. (Baumol 2011, pp.122-130) The system also provides pecuniary formula to ensure stability of financial institution in any given economy. It is also worth noting that financial system ensures that funds atomic number 18 channeled from households, firms, and governments that have surplus funds to those with deficits (The economist 2011, p.39) . Various products are endlessly provided by retail banks and non-banking institutions, these products promote movement of funds in the market to create a balance. The bank deposit institutions forever and a day take deposits and lend out funds in terms of loans. This aspect always creates financial assets and enhances l iquidity in a given market. In spite of considerable innovation in the financial sector, the popularity of depository services always persists. In Europe, bank deposits remain to be the best-known bulky-term savings. somewhat 74% of European households have bank deposits. Various types of bank deposits are always offered. First, the time deposits which are not always disposable immediately because they are always fixed. Another type of bank deposits is the savings deposits whose negotiability is always restricted to a given level. (Campion 2010, pp.67-209) There are always deposits resulting from savings scheme that always direct the depositor to make regular payments. Securities Varieties of securities always exist in the financial market. The investment by households in securities has tended to increase in the developing countries in the past two decades. A good example of security measures is bonds. A bond is a debt instrument, which is the obligation of the borrower of funds to make specified occupy and leading payments to lender of funds. The bond obligates the issuer to make specified involution and principal payments to the holder on specified dates. (BME 2008, PP.200-223) Giving long term loans The banks always offer long-term loans to the people with fund deficit and those who need to deposit. The banks always require the borrowers to have collateral to reduce default risk. The banks always require the borrowers to pay the principal amount and the interest accrued. This is the most common method of advancing credit to the borrowers. It is also vivid to note that the amount borrowed is always returned after a specified period. (Campion 2010, pp.67-209) Implication of general increase in interest rate The general increase in interest rates always has an impact on the individual savers and investors. It is vivid to note that both savers and investors always receive this increase differently. (The economist 2011, p.39) preserve on savors Increase in the interest rates charged by banks and other financial institutions have a positive impact on the savors. The main aim of saving is always to gain interest. It is therefore fundamental to note that savors would be highly motivated to save when the interest rate is higher to gain more interest on their principal amount. (Campion 2010, pp.67-209) It is salient to comment categorically that in the periods of low interest rates savors would opt to investing in other securities like bond, notes payable and even equity as long as the return is higher. (BME 2008, PP.56-89) Impact on investors

International Business Practice Assignment Example | Topics and Well Written Essays - 2500 words

International Business Practice - Assignment Example treat creation occurs when domestic production is substituted with imports from member states sometimes it entails the condition of a less efficient system, albeit there is reduction in backup transaction costs. However, trade diversion occurs when it is carried out with member states. Whereas, earlier, trade was beingness carried out with other countries outside the Union. The portion of trade that was carried out with other countries or states is now turn to member states under preferential trade agreements and due to this, trade diversion occurs. There are some(prenominal) reasons why countries resort to signing PTA the main reasons are as follows The underlying influence of Europe The shimmy of the American Position Unbalanced nature of current multilateral trade regime and utmost dissatisfaction with it. as well modern trade barriers are much more complicated in multilateral settings and most countries mystify it easie r to deal with regional or sectoral trade. Failure of the World Trade Organization (WTO) to become a major stabilizing force in global trade It is now necessary to consider each of these aspects apiece and separately. The underlying influence of Europe The influence of the European Community (EC) now known as the European Union has indeed been formidable. Although it faced several setbacks during 1992, it was successful in overcoming mighty odds in its try for regional trade co-operation The EU has been able to achieve despite the challenges it had to face, a major expansion of the European community, in terms of scope, depth and geographical coverage. This success has undoubtedly had a demonstration effect, encouraging rivalry in the form of regional initiatives in other parts of the world (Frankel, 1977, P.5). The influence of the EU on setting up of several regional PTAs has indeed been reassuring, especially in the case of PTAs like the European Free Trade Association, (EFTA ), Andean Group, Mercosur and ASEAN. The shift of the American Position With Europe entering into progressive trade unionism ostensibly to avoid the prospects of further wars, America now needed to adopt a status of its own, although without confronting the EC plans. It turned towards geo-political solutions and proposing a new round of liberalization negotiations in the GATT so as to save the momentum in the multilateral direction. (Frankel, 1977, P.5). Since then American policies have shifted from multilateralism to regional trade partnership, which is quite translucent from the US -Israel Free trade agreement and the Caribbean Basin initiative. Where the Americans had previously reacted multilaterally to European action on the regional front, now they reacted regionally to European Action on the multilateral front (Frankel, 1977, P.5). The American policies were clear recognise and transparent if the multilateral routes were closed, they were ready to explore regional route s for trade development and believed that the breakdown of such barriers was inseparable for trade to flourish. There were several factors that contributed to the US trade policy. The first being that over the few decades, the US had lost global hegemony it had enjoyed since World War II, and its trade position has slipped down alarmingly in modern years. Secondly, the EU has been a strong economic and trade force in Europe and has matched US supremacy. beneath such circumstances, the

American History - 7 Essay Example | Topics and Well Written Essays - 1250 words

the Statesn History - 7 - Essay ExampleThe United States in arena fight 1 The Great War began in August 1914 Both Allies and Central powers evaluate quick victory Weapons had changed drastically from the Napoleonic war But the tactics remained largely the same armed combat on the Western Front evolved into trench warfare Casualties in a single battle oftentimes numbered into hundreds of thousands President Wilson tried to maintain a policy of neutrality The war transformed the American friendship as the government grew Wartime labor shortage increased opportunities for everyone 3. Wartime propaganda Posters were used to spread war propaganda They propagandized the war for a number of purposes The purposes were both general and specific They were used mainly To rebut opposition messages To encourage the barter for of government bonds To ensure compliance with various wartime programs The programs also included food conservation To create weather for the warfront They were put in normal places 4. The Wartime Industries Board Was central to management of industries during war time Curtailment plans were carried away by agreement Conservation schedules were made by the board Savings in the agricultural go for industry were the most affected Motor vehicles and textile industries were also affected The practices were later seen as be the consumer more without enriching the producers Lessons were learnt that could be applied to peace time The problem was mainly bringing adjustment of the industrial process Demand was made for vigorous enforcement of all proper measures for suppression of unfair competition Policies for contain vicious practices were to be supplemented with positive programs 5. Woman Suffrage Brought forward the concept that it was politics that made America the cradle of democracy Also shows the slow nature that women took to assume equal rights Men recalld what they wanted to believe that women did not desire votes In 1916, 38000 women signed petitions to the electors asking for votes There were more women who wanted to vote than there were men willing to grant them the privilege Lax election laws and methods often opened doors for corruption The say rejection of suffrage became an indication of an adverse public sentiment Party suffrage endorsement was won afterward forty eight years of unceasing effort Women fought one of the bravest, strongest battles for the purpose of enfranchisement The inaction of the public gave a mandate for further political evasion of the question Part Two Essays After read the chapters, write three essay/discussion questions 1. Explain the course of World War one 2. What was to be the basis of a German-Mexican alliance? 3. What lessons for postwar America did Baruch play in the operations of the WIB? From the above list, suffice to one of the above questions 1. Explain the course of World War one The First World War began in August 1914, both the Allies and the Central Powers expe cted Victory within a theme of weeks, but the war would go on for four years, claiming 10 million lives. In the Napoleonic Wars a century before, opposing armies had fired at one another with muskets across an open field.

My Driving Experience Essay Example | Topics and Well Written Essays - 750 words

My Driving Experience - Essay ExampleI was campaign with my pa to the beach on a hot summer day when our car got stuck in traffic. It was a spend and, thus, most of the people were out. Our car was at a signal. On green light, the number one wood in crusade of our car did not move. My dad has always been very short-tempe going but, still, he kept his nerves. We got out of the car, and went to the driver. I saw that he was trying to grab his cell phone from the back seat that his kid has impel there. Excuse me The signal is green from ages. Will you nous moving? My dad asked him. Yes, I will mind moving until I grab my phone, he replied with much arrogance. How rude that is Dad exclaimed, Dont you manage you are bugging others in the line?No, I dont He shouted at dad, Ill move, just go, I know I dont have to stay here forever. Hey Jimmy, did you visualise the damned phone? This time he shouted at his kid. The signal had already turned red again. My dad valued to end the situ ation without any quarrel. But he looked annoyed, and this annoyed me. I wanted to punch that man right in his face. He really wanted some lesson. But I kept silent, and let my dad talk.Hey man, Dad said loudly this time, I wont stand you to be rude to me. Move your car right now. Im getting late. Everyone was giving horns and cheering at us to move. I could see all other drivers staring at us.The man had prime his phone by then. He gave us a wave with his hand with a look as if trying to tell us to shut up. I heard him say, Piss off, you old man... I could see all other drivers staring at us. The man had comprise his phone by then. He gave us a wave with his hand with a look as if trying to tell us to shut up. I heard him say, Piss off, you old man That infuriated my dad, but I held his weapon and told him not to indulge in quarrel. I could sense him getting furious. The man turned his ignition on, and locomote away with a jerk staring at us which was even more exasperating. W e, at once, got into our cars and go away from the scene to unblock the traffic behind us. We, then, talked about road sense and driving tips. I could see that my dad was trying to make me learn how to be conscious on road. Although this experience was a bad one, but it left a big positive impact on me, since I found out how important driving sense could be. I decided to learn more about driving and road sense, and to be respectful to people I met on road. There was a lesson for me in this experience. I learned that, it is a very unmannerly thing to annoy other drivers on road, especially on signals. No driver should look hither and thither, looking for lost things, eating food, reading magazines, talking on cell phones, quarreling with other passengers, or doing things that distract him from concentrating upon driving. Hence, to ensure peaceful driving, drivers must stick to the indispensable body politic and donts of driving, if they want to keep others and themselves safe and c ourteous. Safety of others is just as important as our ingest safety on road. This lesson was something that I learnt from the overall experience that day, and that has continued to make me a good driver since then. I would suggest the audience to drive positive lessons and impacts from any negative event that they encounter.

Is consciousness a strongly emergent property Essay

Is thought a strongly emergent property - Essay ExampleThe emergentist theories on cognizance are based upon the image that the whole of intellect is far greater than that of the bits from which it is composed. The reductionist theories suggest that there cannot be a system in which the parts do not exist and therefore cannot be reduced from that system. In discussing the judgment of the consciousness, the idea of an emergent system from which something more is created that is beyond that of the definable parts suggests that the idea of consciousness is an emergent system. The idea of consciousness is a difficult place to locate in relationship to the natural world. It is a part of the present, an aspect of the moment, but also an intangible that cannot be placed in the strong-arm plane. Chalmer (2003) discusses the concept of consciousness in relationship to six different classes, which can then be divided into two sets. The starting line set is focused on the idea of consc iousness as a physical process where the jiffy is focused on the idea of consciousness which requires a re-conception for a physical ontology (Chalmer 2003, p.103). The idea of consciousness, although easily delimitate as being present or not, as in either someone is conscious or not, it is far more difficult to determine what it actor to be conscious. Consciousness is essentially defined by the idea of experience. What is perceived is translated into the mind and the ability to create those perceptions can be defined as a part of what it means to be conscious. Identifying the functions and processes that are the defining concepts of consciousness and hard to separate them between the physical and the metaphysical becomes a part of how the problem of consciousness becomes more complicated. American philosopher John Searle stated that the close to important problem in the biological sciences today is the problem of consciousnessunderstanding the nature of consciousness crucially requires understanding how brain processes cause and realize consciousness (Bonshek, Bonshek and Fergusson 2007, p. 3). The duality of being awake is in the idea of the separation of mind and body. When the mind is separated from the body as a metaphysical presence, the idea of consciousness becomes far more complicated to define as a state of being. In trying to define consciousness, the two opposing theories are termed emergent or reductionist. The emergent theories of consciousness can be understood as a development of a group of parts that are all associated and when gift together there is more to them than how they are valued separately. Kim (1999, p. 3) that systems acquire increasingly higher degrees of organizational complexness they begin to exhibit novel properties that in some sense transcend the properties of their constituent parts, and behave in ways that cannot be predicted on the basis of the laws governing simpler systems. The emergent concept allows for the idea that the parts do not have meaning when not in the function of the whole. From a reductionist perspective, the definition of the target area is constructed by the understanding of how the parts work individually and are then assembled to create the whole (Bonshek, Bonshek, and Fergusson 2007). It cleverness be said that the reductionist looks at what can be determined through tangible means and the emergent theorist looks at how the sum extends beyond the tangible provability of what is reduced to its parts. In club to look at the idea of consc

My willing contribution to the university and my hopes for college Essay

My willing ploughshare to the university and my look forward tos for college experience - Essay Exampletudents who build up education in a community college just because the giving medication provides them with money or some students study their because of their parents. The lack of strength in the utilization of their capabilities is disturbing. Students cheat to get good grades and focus on passing the examination instead of learning. This trend needs to be modify to improve the educational status globally and to produce high quality achievers.The system of going to initiate and then going to work to pay for the school fees is one of the factors that de-motivates a lot of college going students. The troll leaves little space for personal development of a person. My aim in life has always been to seek the story of the people around me and being a part time educationist I carry on it a responsibility to teach them and show them the right direction. Every person can make a con tribution to their society for its betterment and my responsibility is to make sure that my students and other people around me cognise their true potential.The University of Colorado fosters a culturally diverse environment and an inclusive community which I hope to become a part of and contribute my skills that I have gained through my personal experiences. My aim would be to give in my best at every on campus activity and accomplish all targets luck by my professors. Tutoring has taught me that there is a fire in each soul that is waiting to be ignited and with the proper attention given to a person, there are miracles that can be achieved. It is necessary for each person to understand what they are capable of and know their worth because it this in this way that they can stick with in life. Diverse environment gives out the proper conditions necessary for me to contribute to and to make myself better. I am willing to bring the same zeal and zest to the University of Colorado and achieve my aim. There is no historic period of learning and a person can achieve much in life by having an place of never giving