Wednesday, May 6, 2020

The Film Crash Was Released By Director Paul Haggis

In 2004 the film Crash was released by director Paul Haggis. What only started as a â€Å"passion peace,† would eventually receive extreme praise. Many people loved the racial and social tensions depicted in the film, and it eventually won three academy awards. Personally, the movie made me consider how much tension and animosity there is because of race or religion, not just across the world, but specifically America. Despite efforts to try and ignore these differences, it seems as though they are unsuccessful. In addition to addressing the harsh ignorance that is prevalent in some parts of the country, the movie does a great job of being a perfect example of the four pillars that LaGrange College stands on. Service, excellence, diversity, and civility are all prominently displayed in the actions of the characters throughout the entire movie. When he began creating the film, Haggis had no idea of the significance of his piece, but it turned into one of the most influential dr ama films ever written. One of the main characters in the film is portrayed by Matt Dillon. Dillon’s character is a corrupt racist police officer who doesn’t care to hide his feelings about other races. The first three scenes involving him show that he is aggressive and extremely rude. His partner even put in a request for a new partner. Despite all of this, Officer Ryan (Dillon’s characters name) is still a good example of civility in the film. Later on in the film, we learn that Ryan’s dad has beenShow MoreRelatedAnalysis Of The Film Three Idiots 1727 Words   |  7 PagesJung Professor Steve Master COM 122 2 December 2015 It has been decades since films have been evolving in a variety of shapes and forms based on either different cultural values of various societies or universal values of the entire humanity. Moreover, as films are intended in different ways that they give simple entertainment or convey crucial messages, which all affect the audience, themes and messages of many films have long been considered controversial and effective to the society. For exampleRead MoreCrash : Thomas Theorem And Cognitive Dissonance Essay1604 Words   |  7 Pagesâ€Å"Crash†: Thomas Theorem and Cognitive Dissonance The movie â€Å"Crash†, by Director and Writer Paul Haggis, follows 8 ethnically diverse families/ individuals facing the struggle of modern day racism and stereotypes created and faced in modern Los Angeles, California. These individuals take the roles of individuals living their daily lives within Los Angeles, California while facing stereotypes. The cast portrays: 2 caucasian white male police officers, an African American director and his wife, a whiteRead MoreMovie Analysis : Crash By Paul Haggis2104 Words   |  9 PagesCrash is a drama film produced and directed by Paul Haggis. The movie was made about 12 years ago and dealt with the racial and social tensions in Los Angeles. This story that evolved over 2 days involves several key characters – an African American detective who has a brother who is into crime; the Caucasian District Attorney (DA) and his overpowering paranoid wife, a Caucasian police officer who is downright racist and an African American movie director and his wife, who have to interact with the

The importance of time management Free Essays

There are many reasons to have time management and organization in your office; they both can lead to failure of you or your business, and or your team etc. If you don’t have time management then you will not have the time to ensure you complete the tasks that need to be done and when they are suppose to be done, even worse ensuring that the ones that work under you will not complete what they need to complete. Ensuring that you stick to a tight schedule and pushing through to the final completion is what you need to do to accomplish the job. We will write a custom essay sample on The importance of time management or any similar topic only for you Order Now Time management is important in ensuring that all missions are accomplished proficiently and in a timely manner. When you can maintain your time management you show your leadership ability to accomplish the jobs. When you use time management to accomplish your tasking, this will give you more time to ensure that you can work on your organization. Ensuring that your office stays organized and clean is to ensure that at any given time you can find a form or any information you may need at any time. You need to ensure that you have the space to complete paper work and to ensure you are keeping paper work separated so you don’t lose where your place of work. When you complete your task it is very important to file the completed work to ensure that you keep the work together and don’t lose the information you have already to complete. This helps to ensure that you keep your work together and complete. When you ensure the organization you are normally more proficient. This allows you to work better and faster. When you work time management and office organization you become a more proficient as a leader, employee or as a boss. They work together to ensure success of your career if you take your time and put emplace the program. It’s your career take a hold of it and do what you have to do to ensure success. The 4 components of Office Organization, Filing system- Having a great hard copy filing system is a must, since at any given time a computer could crash, get a virus or just about anything else. A lot of businesses use share drives which load all or the files, work,  pictures and meeting schedules to where everyone involved can look at them, and these can all become corrupt as well. But if you keep hard copies of all your work no matter if the computer system crashes you always can do your research. For example I load drivers packets onto the share drive for the Army so when new soldiers need to be trained they can print off their paperwork needed, but when they come to me I as well keep their file in my filing system, so if they lose their license or move to a new post they can take their entire packet with them showing their training. I also keep all of the tests and files needed on hand in my filing system so that I can copy at any time. This ensures that I will always have my past and future training for all soldiers in my company past and present. Pitch method- This is my personal favorite since it lowers the amount of paper useless information leaving from my desk. This is important so that information that is needed is used and the not needed is trash. It limits what we have to act on; it leaves us with future information as needed and things that need to be acted upon at this very moment. This here ensures that we have the best information for the school, public or the students at the present time. Office flow- Ensuring the flow of the office is very important to anyone and all of us to ensure we get the best results of our time being used. Ensuring you have the best conditions for you in your office so that your comfortable while you work is important to accomplishing the best work you can. Computers- Computers can make almost everyone’s job easier. As a mechanic they have the test equipment that brings up the diagnostic readings that can limit what is wrong with the vehicle. The computer can be organized and set up however that is convenient for you or to give a presentation, or for anyone to use. It can make your job easier. You can ensure proper order while using power point for presentations if you have to give more than one at time. How to cite The importance of time management, Essays

Preventive Policing Strategies Samples †MyAssignmenthelp.com

Question: Discuss about the Preventive Policing Strategies. Answer: Introduction Preventive Policing Strategies are developed for preventing and reducing large-scale crime rate in the community Krsi et al. (2016). There are several types of preventive policing strategies, which serve different types of crime prevention methods within the community. This study will critically analyze different types of preventive policing strategies citing their examples. Apart from that, the study will also discuss the strength and weakness of these strategies and demonstrate their impact on the community. Furthermore, the study will also discuss the side effects of these policing strategies. Discussion Law enforcement agencies have implemented several strategies and methods for combating with crime and ensuring public safety. Policing strategies have gone far beyond just responding to calls and service. Preventive policing strategies are now more concerned with seeking increasing crime prevention, intervention and response to crime prevention like community outreach, crime mapping, efficient resource distribution, suspect location, crime data collection and many more. According to Sherman et al. (2014), the focus of preventive policing strategies is to reduce and deter the crime and criminal behavior in partnership with the community. Different preventive strategies are effective in different situations for preventing crime in the community through protecting it from external threats. On the other hand, Buerger and Mazerolle (1998) opined that resources used in the crime prevention strategies may be different, but the goal of the strategies is unique and directed towards major crim e prevention in the community. Hotspot policing strategy is actually invented by majority of U.S Police departments. Later, it has been adopted by several other countries including Australia. According to Desmond and Valdez (2013), hotspot policing strategy is actually used on small geographical areas, where crime rate is concentrated. Moreover, such police preventive strategies are actually in urban areas, where crime rate is highly frequent. On the other hand, Weisburd and Telep (2014) opined that hotspot preventive strategies are mostly used in the small geographical areas, where the crime rate is highly predictable and frequent, which is at least over a one period (pp. 200-220). In this strategy, the law enforcement agencies are focused on limiting the police resources in the areas, where the frequency of crime rate is quite higher. As per, Braga, Papachristos and Hureau (2014) the appeal of hotspot strategy relies on reduction of overall crime rate of city through focusing on small hotspot areas. Furthermore, this preventive strategy also uses various forms of crime mapping for identifying the crime towards effective prevention. While considering the example of hotspot policing strategy, it can be seen that hotspot policing strategy is mainly used in Drug Market Intervention of Australia for preventing drug usage and sell in some specific areas. Hotspot prevention strategy is used for improving the quality of life of the community through reducing the rate of crime occurrence in a small geographical area. According to Gill et al. (2014), hotspot policing uses advance software technology for predicting the crime to be occurred. Furthermore, this strategy is also popular for digging deeper of the crime for finding accurate solution for crime prevention. However, Camacho, Lee and Smith (2016) opined that hotspot prevention strategy is only limited to small geographical area. Therefore, it cannot solve the bigger crime issue for large geographical areas. Furthermore, the limited resources of hotspot strategy may also hamper the crime prevention effectiveness of specific area. Zero Tolerance policing is strict non-discretionary law enforcement approach, which is thought to be tough on crime. Under this police preventive approach, the police enforce every aspect of law. According to Davis (2013), zero tolerance policy is the police preventive strategy, which imposes strict punishment upon infraction of stated rules. The intension of this law is to eliminate undesirable conduct from the community. On the other hand, Bornstein (2015) opined that zero tolerance policy forbid the person having authority to change the punishment for the crime for fitting circumstances subjectively. Moreover, this preventive strategy pays closer attention to the minor offences for enhancing the quality of life of the community people. Such minor offences are like graffiti, public drinking, drink driving, vagrancy, begging and many more. While considering the example of zero tolerance policy, it has been found that the police force of Australia uses zero tolerance preventive strat egy for preventing the drink driving in South Australia. Zero tolerance policing always enhance the quality of the people in the community through minimizing even the minor offence. According to Davis (2013), zero tolerance policy is highly effective for preventing even minor offenses, which can later be taken the shape of large crime. Moreover, this strategy is popular for its protection to the potentiality of large-scale crime. However, Bornstein (2015) opined that zero tolerance policing strategy has nothing to prevent the large-scale crime. Therefore, it is limited to protect the community from large-scale crime. Furthermore, this policing preventive strategy has also some side effects, which can affect the community people. Moreover, punishing the people even for minor offense can enhance their anger level, which can in turn enhance their tendency to conduct large-scale crime. Problem-oriented policing involves identification and analysis of specific crime and disorder problems for developing specific response strategies. According to Corsaro, Brunson and McGarrell (2013), police force uses problem-oriented policing for proactively identifying the underlying problems towards reducing the crime and disorders from their roots. The police forces are expected to analyze the specific problem of the community systematically and search for resolving the problem completely by analyzing the impact of the efforts. On the other hand, Cameron (1990) opined that problem-oriented policing majorly focuses on identification for repeatedly occurring incidents in the community and resolving that repeatedly occurring crime in the community (pp. 477-512). While considering the example of problem-oriented policing, it can be seen that the police force of Australia uses problem-oriented policing strategy for responding to the complaints of illegal drug use and sales on a regula r basis in Australia. Problem-oriented policing strategy effectively builds police community relation through involving the community in finding the repeatedly occurring crime. This police preventive strategy actually provides long lasting and improves quality for the community people through resolving a specific repeatedly occurring crime. According to Corsaro, Brunson and McGarrell (2013), Problem-oriented policing strategy is extremely popular in the community because of its ability towards resolving the repeatedly occurring crime from its root. This strategy is also advantageous for accurately identifying the pattern a specific crime and providing best solution to its. However, Mazerolle, Darroch and White (2013) opined that Problem-oriented policing strategy is limited to identify the root of the repeatedly occurring crime, if the crime is displaced from one region to other. Moreover, the police forces are generally reluctant to identify the crime within their region. However, they are reluctant to i ndentify the crime, when it is displaced to another region. Furthermore, problem-oriented policing strategy is also limited to deal with minor crimes in the community. While considering the side effect of this preventive strategy, it can create unnecessary threats within community people even if there is actually no crime at all. Predictive policing preventive strategy involves usage of mathematical, analytical and predictive techniques in law enforcement towards identifying potential criminal activities. Mohler et al. (2015) pointed out that Predictive policing uses innovative approach of preventing crime before it starts. The method of predictive strategy incorporates both small-scale and large-scale crime in the community. According to Choi and Lee (2016), predictive strategy mostly uses crime mapping tool for assessing the potentiality of the crime to be occurred in the community. Moreover, crime mapping needs some historical data related to the potential crime. In such situation, the police force can collected such crime information from the community people, which build the interdependence relation between the police and community. While considering the example of Predictive policing preventive strategy, it can be seen that Australian police force mostly uses this strategy for identifying the location o f the criminals through using crime mapping. Mohler et al. (2015) stated that predictive policing is highly popular for its ability to prevent the crime before in occur and protect the community from large-scale disruption. However, Choi and Lee (2016) argued that predictive policing can perform wrong crime mapping on collection of insufficient information related to the potential crime. While considering the side effect of predictive policing, it can be seen that blaming people based on wrong crime mapping can disappoint the suspected people in the community. Conclusion While concluding the study, it can be said that policing preventive strategies are framed to prevent the crime rate in the community. Hotspot policing strategy is focused on small geographical areas towards preventing the crime rate. On the other hand, zero-tolerance policing focuses on preventing minor offense towards protecting the community from large-scale crime. However, this policy has nothing to do with large-scale crime of the community. Furthermore, problem oriented policing identifies the underlying causes of the repeatedly occurring crime in the community. Moreover, this strategy resolves the crime from its roots. However, displacement of the crime can reduce the effectiveness of this strategy. References Bornstein, A., 2015. Institutional Racism, Numbers Management, and Zero?Tolerance Policing in New York City.North American Dialogue,18(2), pp.51-62. Braga, A.A., Papachristos, A.V. and Hureau, D.M., 2014. The effects of hot spots policing on crime: An updated systematic review and meta-analysis.Justice Quarterly,31(4), pp.633-663. Buerger, M.E. and Mazerolle, L.G., 1998. Third-party policing: A theoretical analysis of an emerging trend.Justice quarterly,15(2), pp.301-327. Camacho, A., Lee, H.R.L. and Smith, L.M., 2016. Modelling policing strategies for departments with limited resources.European Journal of Applied Mathematics,27(3), pp.479-501. Cameron, N., 1990, March. The police and crime control: Effectiveness, community policing, and legal change. InCriminal Law Forum1(3), pp. 477-512). Choi, K. and Lee, J.L., 2016. Citizen participation in community safety: a comparative study of community policing in South Korea and the UK.Policing and Society,26(2), pp.165-184. Corsaro, N., Brunson, R.K. and McGarrell, E.F., 2013. Problem-oriented policing and open-air drug markets: Examining the Rockford pulling levers deterrence strategy.Crime Delinquency,59(7), pp.1085-1107. Davis, D.E., 2013. Zero-tolerance policing, stealth real estate development, and the transformation of public space: Evidence from Mexico City.Latin American Perspectives,40(2), pp.53-76. Desmond, M. and Valdez, N., 2013. Unpolicing the urban poor: Consequences of third-party policing for inner-city women.American Sociological Review,78(1), pp.117-141. Gill, C., Weisburd, D., Telep, C.W., Vitter, Z. and Bennett, T., 2014. Community-oriented policing to reduce crime, disorder and fear and increase satisfaction and legitimacy among citizens: a systematic review.Journal of Experimental Criminology,10(4), pp.399-428. Krsi, A., Kerr, T., Taylor, C., Rhodes, T. and Shannon, K., 2016. They won't change it back in their heads that we're trash: the intersection of sex work?related stigma and evolving policing strategies.Sociology of health illness,38(7), pp.1137-1150. Mazerolle, L., Darroch, S. and White, G., 2013. Leadership in problem-oriented policing.Policing: An International Journal of Police Strategies Management,36(3), pp.543-560. Mohler, G.O., Short, M.B., Malinowski, S., Johnson, M., Tita, G.E., Bertozzi, A.L. and Brantingham, P.J., 2015. Randomized controlled field trials of predictive policing.Journal of the American statistical association,110(512), pp.1399-1411. Sherman, L.W., Williams, S., Ariel, B., Strang, L.R., Wain, N., Slothower, M. and Norton, A., 2014. An integrated theory of hot spots patrol strategy: implementing prevention by scaling up and feeding back.Journal of Contemporary Criminal Justice,30(2), pp.95-122. Weisburd, D. and Telep, C.W., 2014. Hot spots policing: What we know and what we need to know.Journal of Contemporary Criminal Justice,30(2), pp.200-220.

Monday, May 4, 2020

Causation and Remoteness of Damage

Question: Discuss about the Causation and Remoteness of Damage. Answer: Introduction: Negligence means breach of duty to care resulting in damage to the claimant, and imposing civil liability on the defendant. Section 5 of Civil Liabilities Act, 2002 defines negligence as failure to exercise reasonable care and skill. Under negligence, protection against three types of harm is granted, against personal injury, harm to property, and economic loss. The concept of negligence can be traced back to the judgment of chief judge Shaw in Brown vs. Kendall (1850) this was an action of trespass for assault and battery, wherein it was held that no action can lie in support of plaintiff until he proves lack of ordinary care on behalf of the defendant. In most cases of negligence the standard of care is reasonable care, which in ordinary prudence expected so as to avoid loss. (Statsky, 2011). The tort of negligence emerged so that a person can be held liable for carelessly causing harm to another. (Owen, 2007) There are three essential elements of tort of negligence, first the defendant owes a duty to care to claimant, second the duty to care is breached, and third damage has been caused due to breach of duty. The tort of negligence inflicts civil liability on the defendant so as to compensate the claimant for the damages such as physical or mental injury, loss of earnings, medical expenses, due to the negligent act of the defendant. (Posner, 1972). A person can be held liable for the damage caused to the other to the extent that the harm was foreseeable by him at the time of the breach of duty to care. Therefore it is asserted that negligence is a conduct which falls below acceptable standard. Section 12 of the Civil Liabilities Act, 2003 lay down that the onus of proof of negligence rests upon the person asserting that the act or omission constituted negligence. The tort of negligence is a civil wrong and the claimant is compensated for the loss, if the loss is proved on balance of proba bilities. Issues involved in a case of negligence House of Lords in Caparo Industries PIC vs. Dickman (1990) laid down the test to determine the existence of duty to care. The test requires three questions to be asked, first whether the claimant and defendant have a relationship of proximity, second whether the damage was reasonably foreseeable, and third whether it is reasonable to impose a duty upon the defendant. Whether the conduct of the defendant was reasonably foreseeable to cause injury to the claimant? Whether there exists a relationship of neighborhood or proximity between the defendant and claimant? If there exist a relationship of proximity, is it fair and reasonable to impose duty to care upon defendant towards claimant? As the tort is a civil wrong and it imposes civil liability upon the wrongdoer so the liability of the defendant in the present case would be determined in accordance with the principles laid down in Civil Liabilities Act, 2003. Relevancy of the issues For imposing civil liability on defendant in the present case the essentials of the tort of negligence is to be satisfied: Existence of Duty to care: A general duty of care is imposed on all persons so as to not place others at risk of harm through conduct which is foreseeable to result in harm [S. 9(1)]. The test of foreseeability is also relevant to the concepts of standard of care and remoteness of damages. The first element in the claim of negligence to be proven is that the law recognized a relationship between claimant and defendant, that the defendant owes a duty of care to the claimant. In Donoghue vs. Stevenson (1932) House of Lords held that a manufacturer owes a duty to care in the production of goods to the end consumer. Lord Atkin lay down that a person owes a duty to take reasonable care so as to avoid acts or omissions which can reasonably be foreseen are likely to injure your neighbor. Lord Atkin used the term neighbor to mean a person who is directly affected by the act or omission which caused damage. The standard of care to be exercised in most of the cases is that which a reasonable p erson of ordinary prudence in similar circumstance would have applied. This is known as the neighbor test. It is not essential to ascertain who would be the final consumer; it can be any person who suffers damage due to act or omission of the defendant. House of Lords in Junior Books Ltd. vs. Veitchi Co. Ltd. (1983) held that policy provisions which limited liability, should not preclude an extension of the liability where the neighbor principle was satisfied. In the instant matter it has been expressly mentioned that Trevor used to conduct night trips, but later shifted them to daytime because of several injuries caused to the clients due to fall. despite of the fact that the probability of causing injury was high at nigh time he took too long for completing his work due to which the troop had to return back from the forest area at night. Anna was Trevors client and there exist a relationship of proximity between them as there was likelihood of the fact that Anna would directly suffer from the adverse consequences of negligent act of the defendant. So it can be concluded that Trevor could foresee the damage [S. 9(2)]. Therefore it is just and reasonable to impose liability for breach of duty to care on defendant. Breach of Duty to care: There are various instances where a duty to care exists between the claimant and the defendant, the issue to determine is whether the actions of defendant were sufficient to meet the duty conferred on him. For determining the above standard of care the test of reasonableness [S. 9(1)] is laid down, in other words the steps a reasonable man would have taken in similar circumstances, in case of failure to act reasonably the breach of duty to care occurs. The defendants conduct must meet reasonable standard. In deciding the reasonable persons behavior in the circumstances of a case the court has to determine various factors such as the probability of occurrence of harm, seriousness of harm, the burden of taking precautions to evade harm, social utility of the activity that creates the risk of harm [S. 9(2)]. The said factors are not severable from each other, they co-exist. In the case of Blyth vs. Birmingham Waterworks Co. (1856) and Richards vs. State of Victoria (1969) it was held that the defendants standard of care id determined by apply the test o reasonableness that is to say that the steps what a reasonable person would take in similar circumstances, and it is the duty of the defendant to avoid causing of physical injury to the claimant. Here in the given case Trevor took too long in his work due to which the troop had to return at night. On the other hand when Anna changed from running shoes to high heel shoes Trevor was observing the rare Marbled Frogmouth perched in a tree, and did not exercise the duty to care, he had towards Anna by virtue of the principle laid down in the Blyth and Richards case. [S. 11(1)] Actual Damages occurred: Damages form an important part of the tort of negligence; it is the third essential element of negligence claim. A claim for damages would not lie if the claimant has not suffered actual loss due to the breach of duty to care. In McFarlane v Tayside Health Board (1999) case House of Lords held that, the law of tort in negligence matters allows claim for pain and discomfort arising from personal discomfort. Therefore it can be asserted that the law of negligence requires the tortfeasor to restore the damage, plaintiff sustained, which was the proximate cause of the defendants wrong and it is appropriate to extend the liability of the wrongdoer to the extent of harm caused [S. 11(2)]. Here in the present circumstances it is pertinent to note that Anna sustained an injury [S. 51(a)] on her knee as her heel catches on a tree root and she stumbled down a hill side. Hence Anna is entitled for damages in pursuance of the personal harm [S. 50] caused to her and loss of earnings [S. 55(2)] Defence of contributory negligence Contributory negligence in tort law absolves the liability of the defendant to the extent the plaintiff himself contributed to the act of negligence, resulting in damage [S. 24]. The concept of contributory negligence originated in the case of Butterfield vs. Forrester (1809) wherein the court held that damages would not be granted to the person who could have avoided the harm by exercising ordinary caution [S. 23]. In the case of Davis vs. Mann (1842) the rule of last opportunity was laid which states that the party who has the last opportunity to evade the damage, that party should bear the liability for compensating for the damage. In the case of contributory negligence the onus of proof is on the defendant to prove that the claimant had failed to take reasonable care for his own safety, which resulted in damage, sustained by him. Defense of contributory negligence depends on foreseeability of harm to oneself [S. 23(2)]. In Jones vs. Livos Quarries Ltd. (1952) court held that a person would be guilty of contributory negligence, if he ought to have reasonably foreseen that, in case he did not act as a reasonable prudent man there are probabilities that he might harm himself. The defense of contributory negligence can also be taken in instances where the claimants action would not be inherently dangerous but failure to exercise reasonable care for oneself resulted in the harm. Anna had the last opportunity to avoid the harm, which was likely to be cause by Trevors negligence of carrying on the work for too long, but she changed from running shoes to high heel shoes. Keeping in consideration all these factors it is pertinent to note that Anna failed to act as a reasonable prudent man as it was foreseeable that in case she wears high heel shoes she was likely to harm herself at the forest area. Hence the claimants act was the proximate cause of the injury. Remedies: Contributory negligence is sufficient to defeat a claim of negligence if it is found that the claimant has made 100% contribution towards the harm caused to him. When the court comes to the conclusion that harm caused to a person is a mixed effort of both the claimant and the plaintiff the court determines the damages based on the percentage of contribution each party has done towards the harm caused to the claimant. The court in the case of Jackson v McDonalds Australia Ltd[2014] NSWCA 162 ordered that the claimant was only entitled to 70% of the total damages suffered by him because he contributed 30% towards the injury caused to him as analyzed by the court. The assumption was made by the court as the plaintiff had failed to take reasonable precautions against the clearly displayed warning sign in relation to the wet floor. In this case it is clear that although Trevor had been negligent in complying with his duties there was contribution from Anna towards the harm caused to her. Trevor had been negligent in not noticing that Anna is consuming wine and changing her shoes to heels. He was also negligent by coming late after he went to look for a new spot. Anna on the other hand had ignored clear warning issued by the guidelines and had changed her shoes into heels. Therefore it must be considered in this case that both the claimant and the defendant have made an equal contribution towards the harm caused and damages should be allocated accordingly. According to the principles of Page v Smith[1996] 1 AC 155 a person is liable to pay damages for all the loss suffered by a claimant which is foreseeable by a reasonable person. In this case it is reasonable to foresee that if Anna is injured she would not be able to operate her business and suffer monitory loss. Therefore Trevor is liable to pay damages with respect to the 12 months monitory loss faced by Anna with respect to her business. Conclusion The tort of negligence provides for presence of three essential elements that is duty, breach of duty, and damage. The defendants act or omission to act must be the proximate cause of the damage sustained by the claimant. The test to determine negligence is objective; foreseeability of the harm is to be taken into consideration. Herein the claimant sustained physical injury due to the negligent act of the defendant by taking the troop back from the forest area during night hours despite of the fact that he was aware of the probable harm. The defense available to the defendant is of contributory negligence wherein the liability of the defendant is absolved to the extent the claimant has failed to act as a reasonable prudent man, which led to the injury, loss or damage suffered by the claimant himself, as it is asserted that Anna failed to take reasonable care of herself by wearing high heel shoes, which is the proximate cause of the injury sustained by her and not the cat of the defen dant to lead the troop from forest area during night hour. In the present matter the Claimant is entitled to claim punitive damages to the extent defendant was negligent in exercising his duty to Anna, as she sustained physical injury and lost income due to the injury caused. References Blyth vs. Birmingham Waterworks Co. (1856) 11 Ex. 784 Brown vs. Kendall (1850) 60 Mass. 292 Butterfield vs. Forrester (1809) 11 East 60 Caparo Industries PIC vs. Dickman (1990) 2 AC 605 Davis vs. Mann (1842) 10 MW 546 Donoghue vs. Stevenson (1932) AC 562 Jones vs. Livos Quarries Ltd. (1952) 2 QB 608 Junior Books Ltd. vs. Veitchi Co. Ltd. (1983) AC 520 McFarlane v Tayside Health Board (1999) 4 All ER 961 Richards vs. State of Victoria (1969) V.R. 136, 143 Dimond, B. (2011). Legal aspects of occupational theory. 3rd ed. Hoboken: Wiley Law of negligence review (n.d.). Foreseeability, Standard of Care, Causation and Remoteness of Damage, pp. 102-108. Available at: https://www.treasury.gov.au/ConsultationsandReviews/Reviews/2002/~/media/Treasury/Consultations%20and%20Reviews/Reviews%20and%20Inquiries/2002/Review%20of%20the%20Law%20of%20Negligence/Key%20Documents/PDF/Foreseeability.ashx [Assessed 26 December, 2016] Owen, D, G. (2007). The five elements of negligence. Hofstra law review, 35(4), pp. 1671-1674 Posner, R, A. (1972). A theory of negligence. 1 Journal of Legal Studies 29, pp. 29-32 Statsky, W, P. (2011). Torts: Personal injury litigation. 5th ed. USA: Delmar Van Dongen, G, D. and Verdam, H, P. (2016). The development of the concept of contributory negligence in english common law. Utrecht law review, 12(1), pp. 64-69

Tuesday, April 14, 2020

Why This University Essay Sample Can Help You To Achieve A High GPA

Why This University Essay Sample Can Help You To Achieve A High GPAThe purpose of writing an essay on this university essay sample is to provide a college application that the student can use. This guide will take you through steps that will enable you to write an effective college essay.The first step to write a great essay is to decide what topic you want to cover. Of course, the topic must have relevance to your learning at this school. If you are applying to a business school, you need to ensure that your essay will make the reader believe that you are qualified for the job.Also, you should know the type of subjects you studied in high school. You may need to know the subjects of biology, English, geography, etc. Therefore, it is important to determine these things before getting started. The next step is to figure out what is the topic you want to cover.However, this process should be used with caution since class essays are usually written in a hurried manner. When it comes to class essays, they are very competitive and so they are often written in short bursts. Therefore, it is important to be aware of the speed of the student in order to remain fresh and keep up with the pace of the paper.It is very important that you know why you are writing the essay and this is what will make your college application shine. After all, a poorly written essay can be the difference between getting a spot or not getting one.Remember that if the reader wants to learn more about you, they will take a little time to read your essay. It is important that you research carefully and make sure that your essay is well written correctly. If the student is able to use an outline, then they are sure to understand the basic ideas that you wish to convey.As you are writing the essay, the reader will probably have to repeat yourself a few times, so it is very important that you do not make spelling mistakes and come across as too formal. Also, it is important that you use a story beca use this will add style to your essay.You can rest assured that if you take the time to carefully and professionally prepare for your college application, then you will succeed. The purpose of this guide is to give you a strategy that will allow you to accomplish this goal. It will also help you know how to write an outstanding college essay that can help you get into a great college.

Saturday, March 28, 2020

6 traits of great managers

6 traits of great managers Want to be boss at being a boss? It’s not as simple as just being a good listener and making sure everyone shows up on time. Truly great managers attract the best workers. If you’re good at being in charge, you  hold onto star employees and advance their careers right along with yours. Managing is not an easy skill, but it is possible to build. Even if you think you’re pretty great already, take a look at these tips and see whether you can improve in any particular area. Your employees will thank you, and so will your boss.1. Have your employees’ backs.Bad bosses throw their employees under the bus. Don’t be that boss. When your team exists within a bubble of trust and has faith in its leader, all the members will want to work together to meet professional goals. Show off your employees’ successes and provide cover for them when you need to. When you build an environment of respect, your job will be so much easier.2. Be generous with your t ime.Even if you see the people who report to you directly all the time in the hall or during casual drop-ins, it’s still important to devote some of your weekly schedule to one-on-one meetings with your team. Even just 15-30 minutes of dedicated check-in time per person lets your employees know you’re there to address concerns and check in on their progress.3. Give productive feedback.Giving feedback is important, but go out of your way to make sure you give great feedback. Don’t just tell someone they did a â€Å"great job,† tell them why what they did was so great. If you receive work that’s sub-par, speak up- don’t just hope things improve the next time. Constructive criticism along the way for the small stuff helps employees reach their professional goals. When your employees know you’re invested in them doing well, they’ll step up their game for every task.4. Empower employees to reach for the stars.Push your team to do st ellar work (and letting them know you think they’re capable of it)- don’t let them settle for merely okay. Not only will this lead to results you and your team can flaunt, but it also will instill confidence that makes employees want to go above and beyond all the time. Expect top notch work, and people will adjust to meet your expectations.5. Build trust.Having a genuine relationship with your employees is a great thing. You definitely don’t have to be too casual and buddy-buddy- your style can remain strictly professional and still be built on trust. Create a rapport so people feel they can come to you with problems and mistakes- or great ideas! Don’t wall yourself off in some boss turret and forget to build relationships with the people you’re tasked to lead.6. Stay humble.Remember, even if you’ve climbed high up on the ladder you’re still paying your dues. You’re still learning too- about your industry and about the art of managing people. Don’t just sit back on your laurels. Figure out how your team can help you learn and build your career, and then help them in return.

Saturday, March 7, 2020

About John Stuart Mill, a Male Feminist and Philosopher

About John Stuart Mill, a Male Feminist and Philosopher John Stuart Mill (1806 to 1873) is best known for his writings on liberty, ethics, human rights and economics. The utilitarian ethicist Jeremy Bentham was an influence in his youth. Mill, an atheist, was godfather to Bertrand Russell. A friend was Richard Pankhurst, the husband of suffrage activist Emmeline Pankhurst. John Stuart Mill and Harriet Taylor had 21 years of an unmarried, intimate friendship. After her husband died, they married in 1851. That same year, she published an essay, The Enfranchisement of Women, advocating for women being able to vote. It was barely three years after American women had called for womens suffrage at the Womans Rights Convention at Seneca Falls, New York. The Mills claimed that a transcript of a speech by Lucy Stone from the 1850 Womens Rights Convention was their inspiration. Harriet Taylor Mill died in 1858. Harriets daughter served as his assistant in subsequent years. John Stuart Mill published On Liberty shortly before Harriet died, and many believe that Harriet had more than a small influence on that work. The Subjection of Women Mill wrote The Subjection of Women in 1861, though it was not published until 1869. In this, he argues for education of women and for perfect equality for them. He credited Harriet Taylor Mill with co-authoring the essay, but few at the time or later took it seriously. Even today, many feminists accept his word on this, while many non-feminist historians and authors do not. The opening paragraph of this essay makes his position quite clear: The object of this Essay is to explain as clearly as I am able grounds of an opinion which I have held from the very earliest period when I had formed any opinions at all on social political matters, and which, instead of being weakened or modified, has been constantly growing stronger by the progress reflection and the experience of life. That the principle which regulates the existing social relations between the two sexes - the legal subordination of one sex to the other - is wrong itself, and now one of the chief hindrances to human improvement; and that it ought to be replaced by a principle of perfect equality, admitting no power or privilege on the one side, nor disability on the other. Parliament From 1865 to 1868, Mill served as a Member of Parliament. In 1866, he became the first M.P. ever to call for women being given the vote, introducing a bill written by his friend Richard Pankhurst. Mill continued to advocate for womens vote along with other reforms including additional suffrage extensions. He served as president of the Society for Womens Suffrage, founded in 1867. Extending Suffrage to Women In 1861, Mill had published Considerations on Representative Government, advocating for for a universal but graduated suffrage. This was the basis for many of his efforts in Parliament. Here is an excerpt from chapter VIII, Of the Extension of the Suffrage, where he discusses womens voting rights: In the preceding argument for universal but graduated suffrage, I have taken no account of difference of sex. I consider it to be as entirely irrelevant to political rights as difference in height or in the color of the hair. All human beings have the same interest in good government; the welfare of all is alike affected by it, and they have equal need of a voice in it to secure their share of its benefits. If there be any difference, women require it more than men, since, being physically weaker, they are more dependent on law and society for protection. Mankind have long since abandoned the only premises which will support the conclusion that women ought not to have votes. No one now holds that women should be in personal servitude; that they should have no thought, wish, or occupation but to be the domestic drudges of husbands, fathers, or brothers. It is allowed to unmarried, and wants but little of being conceded to married women to hold property, and have pecuniary and business interests in the same manner as men. It is considered suitable and proper that women should think, and write, and be teachers. As soon as these things are admitted, the political disqualification has no principle to rest on. The whole mode of thought of the modern world is, with increasing emphasis, pronouncing against the claim of society to decide for individuals what they are and are not fit for, and what they shall and shall not be allowed to attempt. If the principles of modern politics and political economy are good for any thing, it is for proving that these points can only be rightly judged of by the individuals themselves; and that, under complete freedom of choice, wherever there are real diversities of aptitude, the greater number will apply themselves to the things for which they are on the average fittest, and the exceptional course will only be taken by the exceptions. Either the whole tendency of modern social improvements has been wrong, or it ought to be carried ou t to the total abolition of all exclusions and disabilities which close any honest employment to a human being. But it is not even necessary to maintain so much in order to prove that women should have the suffrage. Were it as right as it is wrong that they should be a subordinate class, confined to domestic occupations and subject to domestic authority, they would not the less require the protection of the suffrage to secure them from the abuse of that authority. Men, as well as women, do not need political rights in order that they may govern, but in order that they may not be misgoverned. The majority of the male sex are, and will be all their lives, nothing else than laborers in corn-fields or manufactories; but this does not render the suffrage less desirable for them, nor their claim to it less irresistible, when not likely to make a bad use of it. Nobody pretends to think that woman would make a bad use of the suffrage. The worst that is said is that they would vote as mere dependents, the bidding of their male relations. If it be so, so let it be. If they think for themselves, great go od will be done; and if they do not, no harm. It is a benefit to human beings to take off their fetters, even if they do not desire to walk. It would already be a great improvement in the moral position of women to be no longer declared by law incapable of an opinion, and not entitled to a preference, respecting the most important concerns of humanity. There would be some benefit to them individually in having something to bestow which their male relatives can not exact, and are yet desirous to have. It would also be no small matter that the husband would necessarily discuss the matter with his wife, and that the vote would not be his exclusive affair, but a joint concern. People do not sufficiently consider how markedly the fact that she is able to have some action on the outward world independently of him, raises her dignity and value in a vulgar mans eyes, and makes her the object of a respect which no personal qualities would ever obtain for one whose social existence he can ent irely appropriate. The vote itself, too, would be improved in quality. The man would often be obliged to find honest reasons for his vote, such as might induce a more upright and impartial character to serve with him under the same banner. The wifes influence would often keep him true to his own sincere opinion. Often, indeed, it would be used, not on the side of public principle, but of the personal interest or worldly vanity of the family. But, wherever this would be the tendency of the wifes influence, it is exerted to the full already in that bad direction, and with the more certainty, since under the present law and custom she is generally too utter a stranger to politics in any sense in which they involve principle to be able to realize to herself that there is a point of honor in them; and most people have as little sympathy in the point of honor of others, when their own is not placed in the same thing, as they have in the religious feelings of those whose religion differs f rom theirs. Give the woman a vote, and she comes under the operation of the political point of honor. She learns to look on politics as a thing on which she is allowed to have an opinion, and in which, if one has an opinion, it ought to be acted upon; she acquires a sense of personal accountability in the matter, and will no longer feel, as she does at present, that whatever amount of bad influence she may exercise, if the man can but be persuaded, all is right, and his responsibility covers all. It is only by being herself encouraged to form an opinion, and obtain an intelligent comprehension of the reasons which ought to prevail with the conscience against the temptations of personal or family interest, that she can ever cease to act as a disturbing force on the political conscience of the man. Her indirect agency can only be prevented from being politically mischievous by being exchanged for direct. I have supposed the right of suffrage to depend, as in a good state of things it would, on personal conditions. Where it depends, as in this and most other countries, on conditions of property, the contradiction is even more flagrant. There something more than ordinarily irrational in the fact that when a woman can give all the guarantees required from a male elector, independent circumstances, the position of a householder and head of a family, payment of taxes, or whatever may be the conditions imposed, the very principle and system of a representation based on property is set aside, and an exceptionally personal disqualification is created for the mere purpose of excluding her. When it is added that in the country where this is done a woman now reigns, and that the most glorious ruler whom that country ever had was a woman, the picture of unreason and scarcely disguised injustice is complete. Let us hope that as the work proceeds of pulling down, one after another, the remains of the mouldering fabric of monopoly and tyranny, this one will not be the last to disappear; that the opinion of Bentham, of Mr. Samuel Bailey, of Mr. Hare, and many other of the most powerful political thinkers of this age and country (not to speak of others), will make its way to all minds not rendered obdurate by selfishness or inveterate prejudice; and that, before the lapse another generation, the accident of sex, no more than the accident of skin, will be deemed a sufficient justification for depriving its possessor of the equal protection and just privileges of a citizen. (Chapter VIII Of the Extension of the Suffrage from Considerations of Representative Government, by John Stuart Mill, 1861.)