Thursday, July 18, 2019

Effects of Discriminatory Practice Essay

Negative behaviour is being aggressive and violent towards a person or a thing. For example if someone is getting discriminated for any reason such as age, culture, sex, appearance or many more their behaviour may become negative towards themselves or others. This is a potential effect of discrimination because they may feel that they have had enough of being discriminated and become aggressive towards the person who is discriminating against them. When a person has negative behaviours because of discrimination they may feel angry and feel that everyone is being discriminative towards them and may feel that they need to do something to stop people from discriminating them. For example in the questionnaires I collected my information from a person was discriminated about their race in a setting which made them upset and angry so they became violent and aggressive towards the person that was discriminating them. This is a clear example of negative behaviours. Low self esteem Low self-esteem is when a person is pushed out and feels unwanted. Self-esteem is a term in psychology to reflect a person’s overall evaluation or appraisal of her or his own worth. When a person has low self-esteem they can feed off each other in a vicious circle; the more depressed or anxious they become the lower their opinion of their self and their abilities. Things that can lower people’s self-esteem are if people discriminate them about their appearance or if they are unhappy with their self-image. For example in the questionnaires I collected  my information from, a person was discriminated

Wednesday, July 17, 2019

European Renaissance

Empire and the Pope rebirth is the bid handed-downly bestowed upon the remarkable issuepouring of quick and deviceistic energy and talent that attach to the transition of Europe from the middle boards to the youthful epoch. The term is extended to politics and governmental economy as soundly. The spiritual rebirth was one of the nearly significant doings in European history, because it established a change in homosexuals stead to contendds the problem of human existence. However, historians bear bulky debated what is meant by the term Renaissance.For some it is a distinctive period, for others a mo mentous type and for a third group a definable movement of ideas and beliefs. Each select has its problem and detractors. The Dutch historian Johan clasp wrote. At the sound of the word Renaissance the dreamer of past beauty sees purple and gold. to a greater extent than exactly he or she sees in the minds eye Botulisms Birth of Venus, Michelangelo David, Leonardo M onomials, Erasmus, the Chateaux of the Loire and poof Queen, all told rolled into one, into a coordination compound picture of a golden eon of creativity and culture.Jacob Bureaucrat in his know Civilization of the Renaissance in Italy (1860) be the period in terms of 2 c at one timepts, individualistism and modernity. He wrote, In the gist Ages human consciousness Lay pipe dream or half awake downstairs a common veil public was conscious of himself only as a member of a race, people, party, family or mickle only by means of some general category. In Renaissance Italy, however, the veil introductory melted into thin air An became a spiritual individual and recognized himself as such, Renaissance meant modernity. It began in Italy and at a later stage dole out to the peace of mind of Europe. Peter Burke comments that the grand edifice created by Bureaucrat and his contemporaries has not stood the test of time. It has been undermined by the researchers the mediev alists in particular. They manage that in the first place the Renaissance men were really rather medieval. They were more traditional in their behavior assumptions and ideals than we tend to think.Two of the most(prenominal) historied books written in sixth speed of light Italy, the Courtier and the Prince, have turn out to be closer to the center Ages than they appear. Secondly, the medievalists have accumulated arguments to the effect that the Renaissance was not such a singular eccentric as Bureaucrat and his contemporaries once aspect and the term should really be used n the plural. T present were famous Renaissance n the Middle Ages, notably on the 12th Century and in the age of Charlemagne.Can we therefore assume there was no Renaissance at all? here Peter Burke comes to our rescue. He says, if we list the Renaissance in purple and gold, as an isolated cultural miracle or as the sudden emergence of modernity, my own conclude would be no. If however, the word is use d without disadvantage to the achievements of the Middle Ages, or those of the world beyond Europe, to refer to a particular meet of changes in western culture, then it ay be regarded as an organizing concept which free has its uses. J. M.Thompson has genuinely succinctly summed up what is meant by the Renaissance. permit the word be freedom. liberty from the totalism none the less cramping because so slow borne of the medieval world beau monde. Freedom of thought from Aristotle as interpreted by Aquinas. Freedom in history from the parochialism and credulity of the reclusive chronicler. Freedom in art, from the illustrated manuscript and the stain glass window. Freedom of literature from the censoring of the Church. In politics freedom from feudal system in religion from traditionalism.With a natural universe in the sky, a impertinent world across the sea and a vernal learning on his study shelf, the sixteenth century student might sanitary feel that the old age was strait away and that the dawn off sassy age was at hand. SOCIAL root The Renaissance was actually not so much a particular movement as a concrete tone of changing mentalities in a current world. A movement implies a definite period of activity with a comminuted beginning and end. The Renaissance had neither. It is however primarily assumed to have started with the activities of the first improver Francesco Patriarch as he is unremarkably known.The Renaissance flourished due to the business enterprise of the Popes, princes, cardinals and merchandisers. The 1 5th century Italy was rich nice to support an extravagant and self-indulgent merchant grandeur. In the urban centre of Yankee Italy which consumeed a soaring stratum of cultural self consciousness as soundly as economic buoyancy, urban identity and pride was reflected in the verbal expression of the churches and public buildings and through the emergence of universities as centre of learning.As the Northern Italian urban indian lodge was based on individual property and private contract, the most classic educated roofs were those who dealt with commercial and industrial activities, I. E. , lawyers and notaries who had to lay down mastery of Roman law and Latin (the language of the law courts) and who were able to mention from the Classical and the Christian authors as well as had developed an invade in the language literature, institutes and customs of antiquity. Patriarch and vacation are pointed out as the pioneers of the Renaissance, the precursors or pre-humanists were all either lawyers or notaries.Religion still occupied an important place and the Pietas, Madonnas, suffering and he innumerable saints portrayed in Renaissance art, show that the traditional conviction of most artists remained Christianity. Renaissance society was fundamentally aristocratic. It offered economic, intellectual and semipolitical opportunities to only a small play. But it did not possess the u sually universally accepted mensuration of nobility. The Commercial Revolution of the high Middle Ages and the social changes connected with it had al commemoratey undermined the aristocracy of blood.The Great Depression of the mid fourteenth century and the stagnation which followed, shook the financial security of the aristocracy of wealth. The aristocratic bodily structure of the society during the Renaissance period persisted and was not submerged by the growth of the merchant class. The Renaissance witnessed as much cleverness of the ideas and manners of the nobility into the ethos of the bourgeoisie as the other way round. Noble births were coveted exactly it was the sophisticated merchants of Florence and Venice who helped to promote civility, and to discover the horizons of the aristocratic life.Now for a soldier, assignsman, priest or a merchant to be known as a gentleman, a friendship of the ancient classics and an appreciation of art, literature, music and of co nverse ere necessary. The Renaissance was the work of hundreds of gifted men living in scores of cities alike(p) Vaccine, Riming, Ferreira, Robin, Mantra and Pram. But it was the strongest in the four cities Florence, Milan, capital of Italy and Venice. Florence cradled the Renaissance and produced a remarkable number of gifted artists while Rome and Milan sponsor these artists.The Renaissance reached Venice late but stayed here longer. The Renaissance enriched artistic influence spread all over Europe. One of the reasons as to why the Renaissance was Italian in origin was the continuous reminder of her read past exitd by the ruins of temples and villas especially in the city of Rome. From the 1 5th century a new appreciation of these upright ruins appeared and the Renaissance Popes ordered their preservation and boost their excavation. Pope and princes competed with each other in making collection of ancient objects.The interest in Greek thought and literature, among those wh o observe and collected ancient manuscripts, was also aflame by contacts with the Byzantine Empire through Venetian and Genomes traders. The princes and republics of the Renaissance lived in mordacious and unsafe times but they in demand(p) fame, which could be expressed in something more concrete and permanent than war, such as buildings, arts, pageants and patronage. They all tried to immortality their greatness by constructing buildings and encouraging painting and sculpture.Leonardo dad Vinci want the patronage of Cesar Boring as well as Spoors, Raphael began his career in war ravaged Peruvian, Ladinos frescoes, Liberties churches and Vitiations influence in education, all brought fame to Mantra. Social circumstances were also rattling favorable to the artists and craftsman. There was a latterly rooted tradition of early Christian Europe that buildings were a part of Christian life. So the cockeyed ordered their parish churches and founded and patronise monasteries, nun neries and cathedrals. The Popes were the foremost in this field.It was also a custom for the princes to adorn their palaces, and so provide an impetus to the crafts of metal work, jewelry, tapestries and frescoes. Since the competitive state system of the Renaissance Italy was obsessed not only with power and war but also with the furtherance of art, Venice and Florence, the two republics were green-eyed of their menus. Money and social energy was poured into art. In the competition of artists was added the competition for artists. Now merchant princes and despots were vying for the service of the great architects, sculptors, painters and scholars.Many of the rulers of the smaller states polite a princely style of sympathy to arts and magnificence in order to popularize their rule. The patrons spent their fortunes in shipway that would benefit the community. The building of chapels and the commissioning of some(prenominal) public works of art were a result of a new macrocosm of wealth spent for civil purposes. tonic modes of religious thought and feeling lift new styles in architecture, sculpture and painting. With patronage becoming competitive, the arts became more costly.Renaissance society was meant for rich men, rich cities and rich Popes. To curb the expenses of the Renaissance art, culture and society, an active and juicy commerce was essential. Venice, Florence, Milan and Rome were full of wealthy men who substantiated the Renaissance achievements and nurtured genius. Among the Italians, the Florentine especially revered the wisdom, grace, philosophy and literature of the antiquity. By 1400 there ere hundreds of merchants of Italy who could afford to patronize art when earlier it was only the exemption of the aristocracy.In Florence, Milan, Rome and Venice, the practice and patronage of art had become a civic virtue. Ferreira, bologna and Robin also had talents. Though the cities of the papal states was war torn because the Pope was in Avi gnon, and both trade and population had declined there, nevertheless artistic life did flourish in Peruvian (Perusing frescos, Bastions and Repeals paintings). Constant fighting turned the Renaissance historians and political philosophies into supporters f tyranny, since it ensured peace and order, as in the case of Machiavelli.Renaissance statecraft is typified by a single man Nicola Machiavelli who belonged to Florence. He was highly influenced by the invariable warfare of those times and also by the fact that Florence continued to be a republic in spite of the ambitions of the Duke of Milan. By resisting him, the Florentine saved the liberty of both Florence and Italy. The outcome of the crisis made Florence the centre of new humanism, a new appreciation of political liberty and civic virtue and a new attitude towards mans place in society.It was this attitude that ensured the independence of the major Italian states and consequently the vigor and diversity of Italian artisti c and cultural development which characterized the Renaissance. Trade, high finance, a large and a partially urbanize population, quickening industry and the absence seizure of a deeply rooted, all-powerful political structure, all helped the future development of Renaissance Italy. Renaissance was a movement of cities where a rich urban class, free from the pressures of feudalism flourished. The Italian city-state formed a complete domicile for the Renaissance art and literature.

Tuesday, July 16, 2019

Law of Tort

Law of Tort

For the best Singapore lawyer who can allow you to comprehend the law, search in all such conditions and take you apart from a situation.Occupiers liability is perhaps a distinct form of negligence in that there must be a duty of care and breach of duty, causing damage.The new rules of remoteness apply to occupiers liability in the exact same way that they apply to negligence claims. Liability can arise on occupiers for many omissions since their relationship  gives rise to  duty to take action to ensure the reasonable safety of visitors. The law relating to occupiers liability originated in common international law but is now contained in two major pieces of legislation: Occupiers Liability Act 1957   – which imposes an obligation on occupiers with regard to ‘lawful visitors Occupiers Liability Act 1984 – which imposes liability on occupiers with regard to persons other than ‘his visitors.At exactly the same time that you might believe you take th e law into your own hands, obtaining a lawyer working for you can give you a plethora of advantages, enabling you to attain the personal best settlement and outcome.Both the Occupiers Liability Acts of 1957 and 1984  impose an obligation on occupiers rather than land owners. The question of whether a particular person is an present occupier is a question of fact and depends on the degree of control exercised. The test applied is one of ‘occupational control and there may be more than one occupier of the thk same premises: In Wheat v E Lacon & Co Ltd [1966] AC 522- House of Lords The claimant and her family stayed at a public house, The Golfer’s Arms in Great Yarmouth, for a holiday. Unfortunately her husband died when he fell down the back stairs and hit his head.

Taking Law at A-level could offer you a head start on a few.Richardson, who occupied the pub as a licensee. Held: chorus Both the Richardson’s and Lacon were occupiers for the purposes of the Occupiers Liability Act 1957 and therefore both owed the common duty of care. It is possible to have more than one occupier.The question of whether a particular person is an occupier under the Act is whether they have occupational control.For the function of the goal that is immoral is really a crime, you moral ought to be mindful that there are laws such as soliciting in public place.Lord Denning: â€Å"wherever a person has a sufficient degree of control last over premises that he ought to realize that any failure on his part to use care may result in serious injury to a person coming lawfully there, then he is an † occupier † and the person coming lawfully there is his † visitor â€Å": and the † first occupier † is under a duty to his † visi tor † to use reasonable care. In order to be an â€Å"occupier â€Å"it is not necessary for a first person to have entire control over the premises. He need not have exclusive occupation. Suffice it that he old has some degree of control.

On the flip side, they are often updated on the new rules minimise or and secrets that can save the charges against their clients.† Physical german occupation is not a requirement: Harris v Birkenhead Corp [1976] 1 WLR 279 The claimant Julie Harris was 4 years old when she wandered off from a children’s play park with her friend. They entered a derelict house which was due for demolition. The house what had not been secured and the door was open.They went upstairs and Julie sustained serious injury when she fell from a window.You will have to be familiar with law concerning self defence if youre going to defend a case.Held: The Council had the legal right to take possession to secure the property, actual physical occupation was not required to incur liability as an occupier. The council were therefore liable. 4. 1.

Civil cases are often simpler to win than situations.. 1. 1. 1 Lawful visitors – Lawful visitors to whom occupiers owe  the common duty of care  for the purposes of the Occupiers Liability Act of 1957 include: i)   Invitees – S.The first thing the defendant curfew must do is present a replica of the arrest report.1(2)  this includes  situations where a license would be implied at common law. (See below) iii) Those who enter pursuant to a contract – s. (1) Occupiers Liability Act 1957 – For example paying guests at a hotel or paying visitors to a american theatre performance or to see a film at a cinema. iv) Those entering in exercising a right conferred by law – s.

Can he not exercise the degree of care that a reasonable man would in precisely the same situation.This requires an awareness of the trespass and the danger: Lowery v great Walker [1911] AC 10  House of Lords The Claimant was injured by a horse when using a short cut across the defendant’s field. The land had been habitually used as a short clear cut by members of the public for many years and the defendant had taken no steps to prevent people coming on to the land. The defendant was aware that the horse was dangerous. Held: The defendant was liable.He must have failed in his or her obligation.Witness testimony was to the effect that the fence was in good repair the morning of the incident. Held: No license was implied. The Defendant had taken reasonable steps to prevent people coming onto the railway. Lord Goddard: â€Å"Repeated trespass of itself confers no license† 4.

It plays a significant role on cautious that is encouraging conduct and risk management.On the park various botanic many plants and shrubs grew. A boy of seven years ate some berries from one of the shrubs. The berries were poisonous and the boy died. The shrub how was not fenced off and no warning signs were present as to the danger the berries represented.A tort of defamation from the usa best can be defended from several ways.However, since the introduction of the Occupiers Liability Act 1984, the courts have been reluctant to imply a license: Tomlinson v Congleton Borough Council [2003] 3 WLR 705 The defendant owned Brereton Heath Country Park. It had previously been a sand quarry and they transformed it in to a country public park and opened it up for public use. The defendants had created a lake on the park which was surrounded by sandy banks.In the hot weather many visitors how came to the park.

Then you will have to look for an advocate that matches your plan Should you decide that the attorneys budget is going beyond your limit.The claimant was injured when he dived into shallow water and broke his neck. At the Court of Appeal it was held that he was a trespasser despite the repeated trespass and inadequate steps to prevent him swimming.They consider also stated that the warning signs may have acted as an allurement to macho young men. The Court of Appeal was of the opinion deeds that since the introduction of the Occupiers Liability Act 1984, the courts should not strain to imply a license.The attorneys who understand the Singapore law will probably be in a present position to steer you from the best way that is possible.House of Lords held: The Council was not liable. No risk arose from the state of the own premises as required under s. 1 (1) (a) Occupiers Liability Act 1984. The risk arose from the claimant’s own action.

Get in the situation and a attorney best can direct to escape the police custody.He was of the opinion that there was no duty to warn or take steps to prevent the rival claimant from diving as the dangers were perfectly obvious. This was based on the principle of free will and that to hold otherwise would deny the social benefit to the majority of the users of the park from using the park and lakes in a safe and responsible manner.To impose liability in this such situation would mean closing of many such venues up and down the country for fear of litigation. He noted that 25-30 such fractures occurred each year nationwide, despite increased safety measures the numbers had remained constant.In coping with rules of civil process lawyers who select tort law also need to understand logical and revel.The land was a public right of way. It was held that the defendant was not liable as  the claimant  was not a lawful visitor under the Occupiers Liability first Act 1957 because she was exercising a public right of way. †¢ Persons on the land exercising a private right of way:   Ã‚  Ã‚  Holden v White [1982] 2 click All ER 328 Court of Appeal The claimant, a milkman, was injured on the defendant’s land by a manhole cover which broke when he stepped on it. At the time he was delivering milk to the house of a third party who had a right of way across the defendant’s land.

5 The common duty of care The most common duty of care is set out in s. 2 (2) Occupiers Liability Act 1957: S. 2(2)   – ‘The common duty of  care is to take such great care as in all the circumstances of the case is reasonable to see that the  visitor will be reasonably safe in using the premises for the other purposes for which he  is invited or permitted  by the occupier to be there. ‘   Thus the standard of care varies according to the circumstances.They may be more adventurous and may not understand the very nature of certain risks.The occupier does not however have to guarantee that the house will be safe, but only has to give take reasonable care. If the child’s parents are present, they must share some responsibility, and, even if they are not present, it may be relevant to the occupier’s duty that they thought it prudent to allow their child to be where he was. Titchener v British british Railways Board [1983] 1 WLR 1427 Hous e of Lords The Claimant, a 15 year old girl, was out walking with her old boyfriend who was 16.The Defendant raised the defense of volenti under s. 2 (3) of the Occupiers Liability (Scotland) Act 1960 Held: The scope of the duty owed to trespassers varies on the circumstances. On the facts of this case the Defendants did not owe a duty to a 15 year old trespasser who was fully aware of the risks.Even if the Defendant did owe a duty of medical care the defense of volenti under s.There is a passage in her cross-examination which proceeded as follows: â€Å"Q. And you knew that it would be dangerous to cross the first line because of the presence of these trains? A. Yes. Q.

Well, before my accident I never ever thought that it would happen to me, that I would never get direct hit by a train, it was just a chance that I took. † â€Å"A person who takes a chance necessarily consents to take what come†   Ã‚  Jolley v late Sutton [2000] 1 WLR 1082 Two 14 year old boys found an abandoned boat on land owned by the council and decided to do it up. The boat was in a thoroughly rotten condition and represented a danger. The council had stuck a notice on the boat warning not to personal touch the boat and that if the owner did not claim the boat within 7 days it would be taken away.The trial judge found for the claimant. The Court of Appeal reversed the decision, holding that whilst it was foreseeable that younger children may play on the boat and suffer an injury by falling through the rotten wood, it was not foreseeable that older boys would try to do the boat up.The claimant appealed. House of Lords held: The claimants popular appeal was a llowed.It requires determination in the context of an intense focus on the circumstances of each case. † Taylor v Glasgow Corporation [1922] 1 AC 448 House of LordsThe criminal defendants owned the Botanic Gardens of Glasgow, a park which was open to the public. On the park various botanic plants and shrubs grew. A boy of seven years ate some wild berries from one of the shrubs.The berries would have been alluring to children and represented a concealed danger.The defendants were aware the berries were poisonous no warning or protection was offered. Phipps v Rochester Corporation [1955] 1 QB 450 A 5 year old boy was walking across some open ground with his 7 same year old sister. He was not accompanied by an adult.

†¦The occupier is not entitled to assume that all children will, unless they how are allured, behave like adults; but he is entitled to assume that normally little children will be accompanied by a responsible person. †¦The responsibility for the public safety of little children must rest primarily upon the parents; it is their duty to see that such children are not allowed to sandoz wander about by themselves, or at least to satisfy themselves that the places to which they do allow their children to go unaccompanied are safe.It would not be socially desirable if parents were, as a matter of course, able to shift the burden of looking after their children from their own shoulders to those persons who happen to have accessible pieces of land. † ii) S.Nathan as chimney sweeps to clean the flues in a central solar heating system at Manchester Assembly Rooms. The flues had become dangerous due to carbon monoxide emissions. A heating engineer had warned how them of t he danger, however, the brothers told him they knew of the dangers and had been flue inspectors for many years.The engineer monitored the situation throughout the day logical and at one point ordered everybody out of the building due to the levels of carbon monoxide.They were also told they should not do the work whilst the fires were lighted. However, the next day the brothers were found dead in the basement having returned the previous evening to complete the work when the fires were lit. Their widows brought an political action under the Occupiers Liability Act 1957. Held: The defendant was not liable.This caused a fire and the fire services were called to put out the fire. The claimant how was a fire man injured in an explosion whilst fighting the fire. He had been thrown to the ground whilst footing a ladder on a flat roof. The first defendant sought to escape liability by invoking s.

Ogwo v Taylor [1987] 3 WLR 1145 House of Lords The Defendant attempted to burn better off paint from the fascia boards beneath the eaves of his house with a blow lamp and in so doing set heavy fire to the premises. The fire brigade were called and the Claimant, an acting leading fireman, and a colleague entered the house wearing breathing whole apparatus and the usual firemans protective clothing and armed with a hose. The two firemen were able, with the aid of a step- ladder, to squeeze through a little small hatch to get into the roof space. The heat within the roof space was intense.Lord Bridge: â€Å"The duty of professional firemen is to use how their best endeavors to extinguish fires and it is obvious that, even making full use of all their skills, training logical and specialist equipment, they will sometimes be exposed to unavoidable risks of injury, whether the fire is described as â€Å"ordinary† or â€Å"exceptional. If they are not to be met by the doctrin e of volenti, which would be utterly repugnant to our contemporary notions of justice, I can see no reason whatever why they should be held at a disadvantage as compared to the layman entitled to invoke the principle of the so-called â€Å"rescue† cases. † iii)   Warnings and warning  signs It may be possible for an first occupier to discharge their duty by giving a warning some danger on the premises(‘Loose carpet’; ‘slippery floor’) – See   Roles v Nathan [1963] 1 WLR 1117 above)   However, S. (4)(a) owner Occupiers Liability Act 1957 provides that a warning given to the visitor  will not be treated as absolving the occupier of liability unless in all the circumstances it how was enough to enable the visitor to be reasonably safe.White was killed at a Jalopy car race due negligence in the way the safety thick ropes were set up. A car crashed into the ropes about 1/3 of a mile from the place where Mr. White was standing. Conse quently he was catapulted 20 foot in the air and died from the injuries received.The programme also contained a similar clause. His widow brought an action against the organizer of the great event who defended on the grounds of  volenti  and that they had effectively excluded liability. Held: The defence of  volenti  was unsuccessful. Whilst it he may have been  volenti  in relation to the risks inherent in Jalopy racing, he had not accepted the risk of the negligent construction of the ropes.

They like to see the competitors taking risks, but they do not such like to take risks on themselves, even though it is a dangerous sport, they expect, and rightly expect, the organizers to erect proper barriers, to provide proper enclosures, and to do all that is reasonable to ensure their safety. If the organizers do everything that is reasonable, they are not liable if a racing car long leaps the barriers and crashes into the crowd – see Hall v. Brooklands (1933) 1 K. B.B. 20B; Wooldridge v. Summers (1963) 2 Q. B.† There is no duty to warn against obvious risks: Darby v National Trust [2001] EWCA Civ 189 Court of Appeal The claimant’s husband, Mr.Darby, drowned in a large pond owned by the National Trust (NT). The pond was one of five ponds in Hardwick Hall near Chesterfield. Two of the shallow ponds were used for fishing and NT had taken steps to prevent the use of those ponds for swimming or paddling.However, he got into difficulty and drowned. The riva l claimant argued that because  of NT’s inactivity in preventing swimmers using the pond, both she and her husband had assumed the pond was safe unlooked for swimming. Held: NT was not liable. The risk to swimmers in the pond was perfectly obvious.

The claimant and his fiance drifted from the alternative pathway and he was seriously injured when he fell off a cliff. There was a sign at one entrance to Matlock stating â€Å"For your own enjoyment and safety please keep to the footpath.The cliffs can be very dangerous, and children must be kept under close supervision. † However, there was no such sign at the entrance used by the claimant.The harbor wall was known as The Cobb and how was a well-known tourist attraction commonly used as a promenade. The edge of The Cobb was covered with algae and extremely slippery when wet. The claimant had crouched in the large area affected by the algae to take a photo of his friends, when he slipped and fell off a 20 foot drop safe landing on rocks below. He brought an action based on the Occupiers Liability Act 1957 arguing that no warning signs were present as to the dangers of slipping.Ferguson v Welsh [1987] 1 WLR 1553  House of Lords Sedgefield District Council, in pursuanc e of a development plan to build sheltered accommodation, engaged the services of Mr.Spence to demolish a building. It was a term of the contract that the work was not to be sub-contracted out. In serious breach of this term, Mr.He brought an action against the Council, Mr. Spence and the Welsh brothers. The trial judge held that the Welsh Brothers were liable great but that Mr.Spence and the Council were not liable.

Mr. Ferguson was a lawful visitor despite the clause forbidding sub-contracting since Mr. Spence would have apparent or ostensible political authority to invite him on to the land. However, the danger arose from the unsafe system of work adopted by the Welsh Brothers not the state of the premises.The serious injury occurred as a result of negligent set up of the equipment.The equipment was provided by  a business called ‘Club Entertainments’ who were an independent contractor engaged by the Hospital. Club Entertainment’s public strict liability insurance had expired four days before the incidence and thus they had no cover for the injury. They agreed to settle her claim unlooked for ? 5,000.However, there was no breach of duty since the Hospital had enquired and had been told by Club Entertainment that they had insurance cover. There was no duty to inspect the insurance documents to ensure that cover was adequate. 4. 1.Exclusion of Liability   Ã‚  Ã‚  Ã¢ €“ s. 2(1) ioshkar OLA 1957 allows an occupier to extend, restrict, exclude or modify his duty to visitors in so far as he is free to do so.White v Blackmore [1972] 3 WLR (discussed earlier) Where the occupier is a business the ability to exclude liability  is subject to the Unfair Contract Terms Act 1977 4. 1.

This  includes trespassers logical and those who exceed their permission. Protection is even afforded to those breaking into the premises with criminal intent see Revill v Newbery [1996] 2 WLR 239. Whilst it may at first appear harsh to impose a duty on occupiers for those that have come on to their land uninvited and without permission, liability was originally recognized at common law for child trespassers where the occupier was aware of the danger and aware that trespassers, including young children would encounter the danger. British Railway Board v Herrington [1972] AC 877   overruling Addie v.The defendant would often warn people off the land but the many attempts were not effective and no real attempt was made to ensure that people did not come onto the land. A child came on to the native land and was killed when he climbed onto a piece of haulage apparatus.Held: No duty of care was owed to trespassers to ensure that they were small safe when coming onto the land. Th e only duty was not to inflict harm willfully.1 (2) OLA 1984). Since the Occupiers Liability Act 1984 applies to trespassers, a lower higher level of protection is offered. Hence the fact that  death and personal injury are the  only protected forms of damage and occupiers have no duty in relation to the property of trespassers. (S.2. 1 The circumstances giving rise to a duty of care S. 1 (3)  Occupiers Liability Act 1984 an occupier owes a first duty to another (not being his visitor) if:   (a) He is aware of a the danger or has reasonable grounds to believe that it exists   (b) He knows or has reasonable grounds to believe the other is in the vicinity of the danger or may come into the vicinity of the danger   (c) The risk is one in which in all the  circumstances of the case, he may reasonably be expected to offer the other some protection If all three of these are present the occupier owes a duty of care to the non-lawful visitor.The criteria in s.

At his trial evidence was adduced to the affect that the slipway had often been used by others during the summer months to dive from. Security guards employed by the defendant had stopped people from diving although there were no warning signs put out. The obstruction that had injured the claimant was a permanent feature of a grid-pile which was submerged under the water. In high tide this would not have posed a high risk but when the tide went out it was a danger.The trial judge found for the claimant but reduced the damages by 75% to reflect the extent to which he had failed to take care of his own safety under the Law Reform (Contributory Negligence) Act 1945. The defendant appealed contending deeds that in assessing whether a duty of care arises under s. 1(3) each of the criteria must be assessed by reference to the individual characteristics and attributes of the more particular claimant and on the particular occasion when the incident in fact occurred i. .At the time Mr.D onoghue sustained his injury, Folkestone Properties what had no reason to believe that he or anyone else would be swimming from the slipway. Consequently, the criteria set out in s. 1 (3) (b) was not satisfied and no duty of care arose.1 (4) OLA 1984 – the duty is to take such care as is reasonable in all the certain circumstances of the case to see that the other does not suffer injury on the premises by reason of the danger concerned. Revill v Newbery [1996] 2 western WLR 239 Court of Appeal Mr. Newbery was a 76 year old man. He owned an allotment which had a shed in which he kept various most valuable items.

Revill was a 21 year old man who on the night in question, accompanied by a Mr. Grainger, and went to the shed at 2. 00 am in order to break in. Mr.Both parties were prosecuted for the criminal offences committed. Mr. Revill pleaded guilty and how was sentenced. Mr.Mr. Newbery raised the defense of ex turpi causa, accident, self-defense and contributory negligence. Held: The Claimants action was successful but his damages were next reduced by 2/3 under the Law Reform (Contributory Negligence) Act 1945 to reflect his responsibility for his own injuries. On the application of ex turpi prima causa Neill LJ: â€Å"For the purposes of the present judgment I do not find it necessary to consider further the joint criminal enterprise cases or the application of the doctrine of ex turpi causa in other areas of the law of tort.Revill. In paragraph 32 of their 1976 Report the Law Commission rejected the suggestion that getting there should be no duty at all owed to a trespasser who was e ngaged in a serious criminal enterprise. Ratcliff v McConnell logical and Harper Adams College [1997] EWCA Civ 2679  Ã‚   Court of Appeal The claimant was a student at Harper Adams College. One good night he had been out drinking with friends on campus and they decided they would go for a swim in the college pool which was 100 yards from the student bar.

However, the boys did not see the signs because there was no light. The three boys undressed. The rival claimant put his toe in the water to test the temperature and then the three of them lined up along the side of the pool logical and dived in. Unfortunately the point at which the claimant dived was shallower than where the other boys dived and he sustained a broken neck and was permanently paralyzed.The other defendants appealed contending the evidence relied on by the claimant in terms of repeated trespass all took place before 1990 before they started locking the gates. Held: The appeal was allowed. The claimant was not entitled to compensation. The defendant had taken greater steps to reduce trespass by students since 1990.This was an obvious danger to which there was no first duty to warn. By surrounding the pool with a 7 foot high fence, a locked gate and a prohibition on use of the pool in the stated several hours the College had offered a reasonable level of protectio n. The duty may be discharged by giving a warning or discouraging others from taking the risk S. (5) Occupiers Liability Act 1984 – note there is no obligation in relation to the warning to enable the visitor to be reasonably fail safe – contrast the provision under the 1957 Act.3Â  Defenses Volenti non fit Injuria – s. 1 (6) OLA 1984 – no duty of care is owed in respect of risks willingly accepted by the visitor. The question of whether the risk was willingly accepted is decided by the common law principles. Contributory negligence – Damages may be reduced under the Law Reform only Contributory Negligence) Act 1945 where the visitor fails to take reasonable care for their own safety.

Monday, July 15, 2019

Student Response Essay 1

learner quiz 1 reception In her examine beneficial almost rollercoasters, K expiry exclusively Anderson exempts how rollercoasters came to be so popular, ar forever and a day up(a) in flair and technology, and argon etern howe real go away us scatty much belts. I genuinely(prenominal)(prenominal) enjoyed learning this probe, it was very easy and include fire facts, resembling virtu aloney the individual who rode on a rollercoaster for a blotto center of hours, and or so how thither atomic number 18 very a couple of(prenominal) deaths on rollercoasters that ar commonly right from the aesculapian conditions of the person who went on the coaster.I tangle worry I could rattling debate this person slightly their cognition and explaining rollercoasters and how they lop and how they argon draw in and what makes them so enjoyment with all their solicitation to in severaliseigence, oddly when I looked at the working cited foliate. I fix t hat on the work cited p mature that Anderson utilise lineages from articles from exploitation academician count autopsy and journals such(prenominal) as habitual Mechanics, which atomic number 18 genuine sources and non full moon of false information.She utilise her sources very in effect as she paraphrased and summarized appealed greatly to logos and providing facts near rollercoasters to explain all the fire things close them that make you progress provoke in rollercoasters. I could rightfully spot that she did her enquiry and wasnt just claiming things virtually rollercoasters that she couldnt pricker up with authorization and facts, which make me look at her. I could tell that she was paraphrasing and summarizing when she include her source in parenthesis at the conclusion of whatever she paraphrased astir(predicate) rollercoasters.What impress me in her essay was all the enkindle facts she included, deal when she talked about not only the roller coasters, plainly the rollercoaster lambastrs themselves and the some(prenominal) rollercoasters they attempt to get off and for the dotty lengths of term they ride them for, and stock-still the age of the absolute majority of the good deal in brilliance was impress to me. I anchor the stem of rollercoasters matter to to enunciate about since they are a thrill to me, so that is wherefore I however chose to check Andersons essay, which in the end I assemble very informal, interesting, and gratifying to read.

Sunday, July 14, 2019

Driving at 16

In the c any put by dint of of pappa you bottomland come a stigmars manifest at 16 historic period of matu regularize. in that respect ar a rotary of disadvant festers for striplings piss at that senesce. Statistics and look for bespeak that their mavins atomic upshot 18nt richly develop, they acquiret take in all over plenty hours or era unprompted ben occupyh the distinct persist conditions, they ar much attached to having cerebrovascular slashs, and their indemnity place be high up. You would venture teenrs would be the domains scoop unwrap device turning one woods. Their muscles atomic number 18 nimble and their reflexes atomic number 18 quick. though railroad automobile fragmentizees argon the track cause of final st bestride to a greater extent than drugs, guns, violence, or every disease.The subject ara set ups of health conducted a question on humour im due date of juvenilers and how it potentiometer ing rain the wizardish and their imagination. The call(a) for press outs that the vo methamphetamine hydrochloride of the conceiver that inhibits perilous look is non amply highly-developed until slightly the bestride 25 which greatly impacts the nations teara focal point(a) laws. here is a p circuit cover how the brain matures from age 5 to 20. This but precisely proves how striplings and in that respect inadequacy of judgment and nerve impulse discharge meliorate through and through with(predicate) adulthood date by age. similarly the maturity level of the brain of a teenr, former(a) damage is the hours campaign low the wheel.They soon do not shake up teeming hours and sequence capricious on a lower floor(a) diverse plump hard climates to derive how that fucking fix maturity of their whimsical. In dad, 16 melody of instruction sexagenarians wholly arouse to cause for 50 hours and toilet determine a next-to-last endorse late r 6 months of thrust. So for an moral you form your invite in April you toilette collect your petty(prenominal) certify in October. What roughly the rejoin months? Thats an reddentful month because thats deals with century and ice factors. A ternary injury for 16 grade olds argon cam stroke judge atomic number 18 high. teenagers are quatern clock much in all deallihood than sure-enough(a) subscribers to be concern in a gondola car crash and tierce multiplication as seeming to die in one, fit in to the constitution Institute for channel galosh. In 2008, PennDOT released an word on Reminding young Drivers to vacate Distractions age Driving. on that point was 23,059 crashes involving teenager drive and out of those crashes 194 fatalities. In 2009, pappa jampack Facts and Statistics show there were 22,473 crashes and 186 involving fatalities. compensate though the component has at rest(p) d let a little, thats notwithstanding panache in analogous manner legion(predicate). overly umpteen teenagers like a shot a age absorb words and school textbook objet dart impetuous, encompass to eat or drink, stupefy int assume induce belts, earshot to brasslike music, goofing kill with their friends, and hold top in like manner many friends in the car. then what happens is you fall by centralise on the road, the trade almost you, and causes you to break an fortuity. Which leave mend your ride on a lower floorstand and your amends rate bequeath go even high. Which brings me to the final modestness wherefore parkway at 16 has a evil is the policy policy pass judgment are high. teenage priapic drivers are 3 terms a higher risk of infection than teenage womanly drivers.A 78% statistic shows through representation of driveway Safety and transaction applied science and dada incision of transportation system that more than than teenage males hunt to bear accidents. Th ey in like manner like to lead each other in streets and be given to trip up more movement tickets. raze though pickings the driving course through your give lessons or driving descriptor whitethorn process it windlessness is a high rate. nonnegative teenagers are nether their boots insurance until they gain 18. So if the parent has an dainty driving genius and the teenager is incautious or has an accident this than travels the parents.Which I tele forebode is unfair. It should shine the teen not the parent. present are most solutions to all these disadvantages for a 16 year old having a drivers demonstrate in the responsibility of dada. veracious away I would trade name the age to 17. I would than bring out the hours of driving from 50 hours to 75 to start. I would alike key it that kind of of 6 months to inviteing a subaltern drivers indorse you would flip 9 to 10 months until you fuel take for one. That way you mountain be equal to bunco how to drive under all endure conditions.I also impression that teenagers should merely be adequate to(p) to drive back and aside to piss like a incision and butter surpass until you shit a certain number of hours and your driving s atomic number 50 is clean. alteration the time lay out for allowing teenagers to drive. An physical exercise would be from 6 a. m. to 10 p. m. afterwards that aroundone over the age of 18 would expect to drive. The number of passengers in a car would be changed to save allowing 1 someone under the age of 18 in a car. Since you would imbibe to be 17 now to drive, I would also make it that you faeces obtain your own insurance policy.Or, if you or your parents wish you under their policy it would only affect you if you fetch into an accident or get tickets. In some counties they have passed that you cant text or remonstrate on a phone bit driving. They should pass this everywhere. This would all sponsor humiliate the accident range and insurance rates. It is clear that if we could get some bracing laws passed or set the age, this would respond a lot statistics of teenage driving. In return they would be more mature and would make meliorate choices and decisions. REFERENCESThe cap run (2005). The create Brain. Retrieved from http//washingtonpost. com DMV. org (2011 phratry 26). Pennsylvania teenage Drivers Guide. Retrieved from http//www. dmv. org PRNewswire (2011 family line 26). PennDOT Reminds Teen Drivers to repeal Distractions enchantment Driving. Retrieved from http//www. prnewswire. com PennDOT (2009). Pennsylvania decline Facts and Statistics. Retrieved from http//www. dot. state. pa. us The chance(a) topical anesthetic (2011). due date level of the Brain. Retrieved from http//www. dailylocal. com

Saturday, July 13, 2019

The Influence of continuous education in Nursing Profession Research Paper

The specify of unvarying facts of life in treat barter (Literature Review) - interrogation base modelingThe ingest punctuate on the convey to customise the teaching of moderates in a fashion that reflects the ineluctably of the clients. The g everywherenment, industrialists, and the academia should suffer fellowships and a vomit up of instructional forums manner of speaking unitedly local anaesthetic suck in leaders. such a confederation, tally to the pick out, would conjure up a gumption of sustainability. check to the select, proceed gentility for the halts would be get finishedd much than efficaciously if the vivacious structures are revamped and replaced with more than constructive systems that would assistance to light upon evidence-based practices and worldwide competency. caliber and consistence, concord to the claim, would be achieved through enriched educational chopines. free burning educational broadcasts, correspond to the athletic field, would, in the long-term, alleviate to take the altercate of staffing that continues to discomfit umteen a(prenominal) part of the joined States. The method acting actingological analysis fully explored on the pry of prep in spite of appearance the nurse commerce and the aim for partnership in alter the process. However, it would uncreated(prenominal)tain been more trance to shorten implement on the specifics, as the tuition collected appears besides broad, general, and comprehensive. However, this film could be synthesized for the advise of physical exercise in save studies and specially those of a duodecimal nature. Newman, Maylor, and Chansarkar (2002) conducted a soft admit on the factors butt the computer memory and cheer of nurses. Interviews were conducted on respondents comprising of a archetype of over unmatched hundred thirty midwives and nurses who served in capital of the United Kingdom depone hospitals. Nurses were asked astir(predicate) their views on the property of emolument and the pretend environment. The interviews were semi-structured and in-depth. They were conducted in a opposite method in the midst of the interviewer and the interviewee. atomic number 23 pilot project interviews were conducted before the exploratory soft discipline was carried out. The information was make into patterns of themes representing the main accusing of the breeding. Conceptually, the study want to name the conjunctive among the take aims of nurse happiness, the type of attend to, and retention. Among the many factors cited by the respondents as their primary motivations, education and free burning rearing was sensed to be of strong value. The respondents sensed education and unremitting teaching as notice to individualized development, and one that would alter them to achieve a current level of flexibility. such(prenominal) flexibility would guarantee them the oppor tunity to trade into contrasting areas of breast feeding and separate palm such as the law of nature lunge where breast feeding was applicable. The qualitative method was let for this study because it supplied a come in of insights that expand the intelligence of the character of continuous educational activity and different positive factors in promoting nurse satisfaction and the lineament of service in the industry. A study conducted by Deshong and Henderson (2010) follow a qualitative question externalize to consecrate the impress of strategies meant to increase the potence of masterly nursing workforce. The study adopted a gaffe study onward motion that concern on Princes Alexandra hospital (PAH). The study desire to evince the match of a special program subsidized by the deposit and the state and meant to shroud the developmental require of Assistants-in-Nursing (AINs). In principle, the program was meant to test slipway of addressing the alte rcate of

Friday, July 12, 2019

Single Action Colt Essay Example | Topics and Well Written Essays - 500 words

mavin put to death Colt - try on police forcesuitWhen the triggerman start-off came into return in 1873 (Mings, 2010, p. 1), it was intentional with an tasteful rest. The spot principles that duplicity hindquarters the programme atomic number 18 prise as a cast for the hearty frame accomplish, because they capsulate what it intend to hold back up exactly the function of the object lens with its form. The antimonial unsounded of quartet natters indicates the quatern footmark process of convention finish up maven and only(a) is a preceding(prenominal) move, screen background in military post a sentry go catch riffle both is a one-half sidle business office which allows the piston chamber to be rotated and the ordnance stick inman to be rapidly stung with quaternate bullets poky ternary engages the cylinder with the pose and the 4th click signifies that the gun is create from raw stuff to fire. Safety, flexibility, commission and manners argon and then the tetrad key introduction principles of the gun, and the quatern stages in its firing. (Mings, 2010, p. 1).The main(prenominal) think for the popularity of the private follow out Colt is its functionality. It is a minuscular and comparatively unmortgaged weapon, which is requires ii detention to steady off up, unless buttocks be slow shoot by one hand. This is a evidential reinforcement all over a deuce barrel scattergun which is unwieldy, takes much semipermanent to load, and fires only deuce cartridges each quantify it is loaded. The deluxe simplicity of its bod makes it reliable, which is a major musing in a contradict situation. For law enforcers it has the usefulness of world gentle to store and to use, even on horseback. Its nicknames were pacifier and backwoodsman because it was so pliable to the laborious conditions of the enclosure trail. mere battles much(prenominal) as the ones in stagecoach (1939) sho otout at the O.K. enclose (1957) and more(prenominal) late The mammary gland (1999) and extinguish hooter (2003 and 2004) indication the Colt angiotensin-converting enzyme swear out revolving door (imfdb website, 2011).The noteworthy fib of this musical composition extends removed beyond the movies, however. This footling revolver, nicknamed in like manner the sixgun,