The Police Procedure Stop And Frisk Essay - 1581 Words

The police procedure stop and frisk is a highly controversial topic in society. In order for the officer to initiate the procedure, he or she needs reasonable suspicion or probable cause that meet minimal legal requirements. People that have been stop and frisked may wonder if the procedure is discriminatory towards race, since a majority of people stopped are minorities, or if the procedure is against ones constitutional rights that are protected by the amendments, or if the procedure is effective in reducing crime rates. Citizens may feel that being stopped and frisked by an officer is against the constitutional rights they have as people. The reason an officer initiates this procedure is to hopefully reduce crime rates in the long term. Officer’s need probable cause in order to initiate the procedure. The top five reasons for the stop and frisk practice to occur include â€Å"high crime areas, time of day fits the crime incident, fugitive movements by the suspect, casing v ictim or location, and proximity to the crime scene† (Avdija 27). Under those circumstances a person is more likely to be stopped by an officer. One may ask; What is the stop and frisk procedure? What are the minimum legal requirements needed to initiate a stop and frisk? Is the stop and frisk procedure discriminatory towards race? Is the stop and frisk procedure unconstitutional? Does the procedure actually reduce crime rates? Suspects involved in a stop and frisk procedure do have constitutional rights, butShow MoreRelatedA Brief Note On The Stop And Frisk809 Words   |  4 PagesThe stop-and-frisk is a police procedure in which â€Å"a police officer who is suspicious of an individual detains the person and runs his hands lightly over the suspect s outer garments to determine if the person is carrying a concealed weapon.† Not to be confused with an arrest, a stop involves only a temporary interference with a person s liberty. A frisk is limited to a patting down of the outer clothing, unless an officer feels a weapon inside a person’s clothing, and then s/he may then reachRead Morestop and frisk1498 Words   |  6 Pagesworld where police officers are suppose to be protected and help us out when needed. The reality of it is police officers are out here on the beat violating are constitutional rights. Stop and frisk was to help fight crime on the streets but all it caused was racial profiling by officers everyday for the last twelve years. Stop and frisk has been used and abused and young adults are afraid to leave their house because they know they will be harassed for no good reason. Stop and frisk has caused aRead MoreStop-and-Frisk Research Paper1050 Words   |  5 PagesStop-and-Frisk: Cleaning up the Streets, or Racial Profiling at its Finest? Taryn Konkler Introduction to Law Enforcement Professor Michael Glendon Imagine innocently walking down the street in a city you’ve lived in your whole life, when all of a sudden you hear the dreaded â€Å"woop woop† and see those flashing red and blue lights. The police. They interrogate you, ask your whereabouts, and finally, they â€Å"frisk† you. Of course, they find nothing; they rarelyRead MorePolicing Practice And Operations Paper1211 Words   |  5 Pagesunderstand that they’re a team. Everyone in the police department has to work together instead of against one another just to make sure everyone is doing their jobs by the books with no room for errors. Communicating has really improved throughout the years especially for the police. They have computers in their cars to run license plate numbers, checking to verify insurances and also to check for any warrants or tickets of the person. Also the police rely on the technology more than anyone becauseRead MoreStop-and-Frisk Policy1057 Words   |  5 PagesThe stop-and-frisk policy could be considered a big controversy facing New York in recent times. The whole concept behind this stopping-and-frisking is the police officer, with reasonable suspicion of some crime committed or about to be committed, stops a pedestrian, questions them, then if needed frisks the person. This policy started gaining public attention back in 1968 from the Terry v. Ohio case. A police officer saw the three men casing a store and he believed they were going to rob the store;Read MoreThe Stop And Frisk Policy947 Words   |  4 PagesThe stop and frisk policy came about many years ago. The stop and frisk is u sed for protection for the officer or officers. An officer can stop a suspect and frisk him/her for weapons, contraband or any other items if the officer feels any other suspicion. A Stop and Frisk do not require a warrant. This practice is very common now days, but similar procedures to stop and frisk policy started in the 1980s. According to Clark (2015), the earliest origins of stop and frisk were used in 1994 by StreetRead MoreThe Stop and Frisk Policy Analysis Essay1225 Words   |  5 Pagespercent of stops in 2012, were Black and Hispanic people. Compare that percentage to the amount of water on Earth, only seventy percent. Now, imagine eighty-seven percent water covering the Earth. That would make the world unbalanced and difficult to live in, which is how life is for the minorities impacted by Stop and Frisk. One of the most debated and controversial topics in New York City is the Stop and Frisk policy, and the impact it has on police, Latinos, and African Americans. Stop a nd Frisk failsRead MoreA Social Problem Attention From The Media And Judicial System960 Words   |  4 PagesThe communities most affected by the policy are those living in the low income areas. They are subjected to disproportionate stops and frisk mainly targeting black and Latino men. Law suits that have been filed against the city because of the stop and frisk policies, include; Charles v. City of New York which challenged the unlawful arrest of resident for filming stop and frisk encounter, Ligon v. City of New York which challenged the NYPD’s aggressive patrolling of private apartment buildings, andRead MoreThe Nypd s Stop And Frisk1557 Words   |  7 Pagesmurder. Ex mayor Michael Bloomberg has implemented a policy called Stop and Frisk in 2002. Some say it worked some say it doesn’t, from a ten-year period data shows that more then 5 million stops were made on young African American men who just made 1.9 percent of the city’s population according to New York Civil Liberties Union. Many politicians say it was a racial policy but it took weapons and drugs off the street. Stop and frisk was more proactive instead of reactive which means Acting beforeRead MoreAnalysis Of Donald Trump s Stop And Frisk Essay2038 Words   |  9 Pagesin the Revival of â€Å"Stop and Frisk† Donald Trump, the billionaire businessman turned presidential nominee who is making headlines for all the wrong reasons one would wish for in their nation’s leader, believes in the revival of the â€Å"stop and frisk† procedure. Trump believes it would be â€Å"overwhelming† beneficial to minorities when in fact studies show data that proves it to racially profile and unfairly target minorities. His suggestion of the return of the stop and frisk procedure couldn’t come at

Bilingualism A Trait That Benefit The Individual

Bilingualism is known to be a trait that benefits the individual in numerous ways. The cognitive process of bilingual people is known to be better than monolinguals, whether substantial or minimal. Scientists conducted experiments that show bilingual children are able to accomplish conflicting tasks more efficiently than monolingual children. There are arguments that include being a bilingual hinders the learning speed of an individual and that monolinguals can learn at a faster pace. Ultimately, the question is to what extent does bilingualism benefit an individual? People tend to think that being bilingual makes a person have more intelligence than those who only speak one language. Ellen Bialystok, a professor psychology at York University in Toronto, Canada, disagrees with this assumption and states that bilingual brains only differ in their use of executive function. Executive function is â€Å"a system that helps the brain access particular regions or memories when prompted.â €  Bialystok, in contrast to media reports, claims that executive function and intelligence are two different things. She uses the scenario of two people, monolingual and bilingual, looking at a dog. The first thing that comes to mind of the monolingual would be the word â€Å"dog†. For a bilingual, he/she presented with two alternative words, and one must be chosen. Therefore Bialystok claims that â€Å"these micro-decisions strengthen the executive function; the more your brain has to make the same kinds ofShow MoreRelatedLanguage and Communication1290 Words   |  5 Pagesamongst groups of people, but can there be more advantages in a bilingual society than disadvantages? This paper will explore both the societal and individual perspectives of bilingualism and find the advantages as well as disadvantages for the bilingual individual. It has been shown through studies that the regular use of two languages by bilingual individuals has quite a broad impact on both language and cognitive functioning. Being bilingual makes one more aware when speaking, so as to get the wordsRead MoreBilingualism Is Harmful And Interferes With Healthy Development2515 Words   |  11 PagesBilingualism, or an ability to use at least two languages (American Speech-Language-Hearing Association, 2004), has been studied for decades. A quick literature search will reveal that research on this topic goes back as far as the 1800s. This is hardly surprising considering that at least half of the world’s population is bilingual (Grosjean, 2010, p. 13), with some European countries reaching rates as high as 99 percent (European Commission, 2006, p. 3). Interestingly enough, until relativelyRead MoreHow Bilingualism Affects Cognition And Whether Or Not The Effects3756 Words   |  16 Pagesor multilingual individual. However, with this new trend, controversy has arisen as to how this affects performance in terms of cognitive abilities. The purpose of this essay is to find out to how bilingualism affects cognition and whether or not the effects are positive. Cognitions is the term used to describe the process of knowing, reasoning and remembering. Many researchers have set out to solve this contentious mystery. For years, it was believed that a bilingual individual meant that one wasRead MoreBilingual Education Has Many Advantages Essay1481 Words   |  6 PagesAs elementary students learn the concepts of a second language they are able to understand concepts better than individuals who only speak one language. The significance of learning two languages at an early age is that children’s minds are able to produce cognitive benefits, such as having more linguistic tools towards thinking, creativity, and flexible in problem solving. Bilingualism helps children minds become cognitively superior, which as a re sult provides protection at old age from cognitiveRead MoreThe Study of Motivation Essay2041 Words   |  9 PagesLiterature Review Motivation MacIntyre et al. (2001) define motivation as â€Å"an attribute of the individual describing the psychological qualities underlying behavior with respect to a particular task† (p. 463). The study of motivation as a predictor of second language learning performance was initiated by Gardner and his Canadian colleagues (1972). According to Gardner and Lambert (1972), there are two kinds of motivation: integrative motivation, referring to a holistic learning approach toward theRead MoreThe Creativity Of Bicultural Bilingual People2058 Words   |  9 Pagespeople automatically thinks that people who practice biculturalism are also bilingual. Which is very true to some extent but biculturalism and bilingualism are two different things. According to dictionary the word biculturalism is defined as â€Å"the presence of two different cultures in the same country and region†( dictionary), where as the word bilingualism is defind as â€Å"the ability to speak two languages fluently , the habitual use of two languages† (dictionary). This paper consists three differentRead MoreOrganizational Behavior : The Department Of Human Resource And Management1524 Words   |  7 Pagesadvance and productivity need strategies that accommodate people diversity characteristics. The department of human resource and management makes plan to deal with diversity. Diversity issues involves individual characteristics, an individual primary characteristic refers to individuals biological traits such as gender, race, sexual orientations and others. Secondary characteristics are factors that may be changed such as religion, educational background, and income and so on. Others diversity issuesRead MoreVoting Rules For Minority Governments2179 Words   |  9 PagesVoting establishes choice; it allows opportunities and variety to be discovered amongst individuals. In Canada, voters choose to elect one Member of Parliament in their riding. The political party that wins the most seats in the House of Commons becomes the government’s ruling party. If this party wins more than half the seats, it forms a majority government. If they win less than half the seats, it results in a hung parliament, which can either, be a minority government or a coalition. Canada mostlyRead MoreCognitive Resilience i n Adulthood9822 Words   |  40 Pagescenterpiece of cognitive resilience. Numerous factors at the level of the individual and the sociocultural context set the stage for engagement and agency, thereby contributing to life span cognitive resilience, which can in turn impact factors promoting engagement and agency (e.g., health management, disposition affecting how experience in regulated) to support cognitive growth. Cognitive development shows wide variation among individuals through the adult life span, and there is long-standing concern withRead MoreCross-Cultural Assessment of Psychological Assessment Measures7333 Words   |  30 Pageswith regard to the misuse of Psychological Testing. Testing can never-the–less be a very useful way of obtaining objective information, economically and quickly about potential candidates when used fairly and without bias towards any particular individual or group (Bedell, Van Eeden and Van Staden 1999). Psychological Assessment is innately a contentious issue. Bedell, Van Eeden and Van Staden (1999) maintain that even in a heterogeneous population, tests are not always equally accurate or successful

Nursing Surgical Nursing Reconstruction

Question: Describe about the Nursing for Surgical Nursing Reconstruction. Answer: Nursing Reflection Using Driscolls Reflective Cycle Nursing is regarded as an ever-changing and complex profession and excellence is achieved through best practices, standards and ethics. Nurses are endowed with greater responsibilities for creating a healthier working environment, become leaders in their respective specialty and improve the care quality. The nursing practice principles describe the expectations of the healthcare stakeholders from the nursing profession (Polit and Beck 2013). The aspects of approach, attitude and behavior forms underpin of good care. In Australia, the midwives and nurses are required to be registered with the NMBA (Nursing and Midwifery Board of Australia) and are required to meet the set professional standards for practicing nursing in the country (Nursing and Midwifery Board of Australia 2016). Several standards have been laid down by the board of which the standards for practice or the competency standards will be discussed in this assignment. This assignment is a nursing reflection from one of my first placement scenario that will be discussed using Driscolls reflective cycle. The nursing skills will be described with this recognized framework for demonstrating my abilities to reflect on the various nursing skills. What This is an episode that happened during the first week of my placement practice in a surgical ward. The Driscolls model of reflection supported me in reviewing my experiences with its evaluation and analysis for helping me to make necessary changes to my future nursing practice. The reason for my return to this event is because I noticed there were so many standards that were not followed by the registered nurses in the surgical ward that led me to a very challenging act of patient care and had a significant impact on my professional knowledge and skills. A reconstruction of the event helped me to develop my knowledge and add significant values to my experiences. On the day of the event, my mentor and I were looking after a bay in the surgical ward that had eight patients. To comply with the code of conduct of the Nursing and Midwifery Council, the name of the hospital and the related registered nurse has not been mentioned to maintain confidentiality. The registered nurses are required to follow the NMBA guidelines for quality patient care and during my experience, I observed that my mentor, being a registered nurse, did not follow the guidelines for the standards of practice. Breaching of the guidelines was on several occasions like not wearing gloves while taking out IV cannula, not wearing face and eye protection during the IV catheter procedures and devices used for the purpose did not have safety features to minimize blood splatter and leakage during removal and insertion of the cannula (Odell 2015). These sights confronted me with intense professional challenges as although I knew that the standards of practice being violated by my men tor, yet I could not oppose the event as he was my guide for the placement and I could not offend him. This was a situation of a dilemma, confusion and scare considering the consequences on the patient of such an unsafe, inappropriate and irresponsible nursing practice. This also challenged my personal understandings while undertaking my first PEP. So What The analysis of my feelings can be described by stating that prior to the commencement of the placement, I was confident of my learning and experiences but after the incident, I was a bit shaken as what I witnessed was not only a breach of the act but also had a deep impact on my professional practices. Although I a negative experience, I did not lose confidence and faith on my learning of the standards of practice and went on to provide quality patient care when I was asked to do so by my mentor. He asked me to bed bath a patient and I took help of a healthcare assistant to complete the act in the most appropriate manner. According to the standards for practice, I was expected to engage in a professional and therapeutic relationship with the patient which I established to comfort her and make the process painless (O'Connell, Gardner and Coyer 2014). I was very anxious to carry out the activity as I had never been in direct contact with the patients before as I was never in a care en vironment prior to this. Although I had the learning experiences of the requirements of the personal qualities and promotion of autonomy and dignity that is required for assisting the patients with personal care in the University lectures, this was my first opportunity to put them into practice and gain the relevant experiences. Since I could not oppose my mentor with the fear of offending him, I decided to indicate him of his irresponsibility through my implementation of standards of practice in patient care. I had put on a gloves and face mask to reduce the risks of infection at the surgical site and increase patient benefit. My mentor noticed this and upon asking me the reason for the precautions, I informed him about the standards of practice and the healthcare associated infections due to lack of precautions. This gave me immense pleasure and peace as I successfully opposed against what was wrong. Now What From this incident, I have learned about the standards for practice and their appropriate implementation in patient care. The beginning of the placement was not good enough in terms of experience however, it ended with some good learning. My mentor realized his mistake and was thankful to me for abiding the guidelines that instigated him to follow them as well. This made me understand that the standards for practice should not be compromised under any circumstances and any discrepancies found should be taken care of. This will not only improve the patient care but also glorify the profession of nursing. Apart from this, I also had a profound experience in isolation nursing as it was a new experience for me. I had learned more about infection control and prevention in surgical wards and the importance of wearing gloves, apron and face protection prior to the commencement of the procedures. Appropriate disposal procedure of the wearable protective gears to prevent the spread of contami nation was also something that was significant (Sutherland-Fraser, Osborne and Bryant 2016). I learned that alcohol gel is also ineffective to eliminate spores in surgical wards for the control and prevention of infections (Masters 2015). These learning are of remarkable importance considering my future clinical practice to provide quality patient care without any breaching of the standards for practice laid down by NMBA. Whether it is for the inserting and removing of IV cannula or providing bed bath to the patient, precautions have to be taken to prevent harm to the patient by all the individuals involved in the nursing profession. There are two key areas of my practice that I can improve in future for providing standard patient care. The first area is the provision of responsive, appropriate, safe and quality nursing practice for achieving the agreed outcomes and goals of nursing needs of the patients. For this, I will adopt the strategy of practicing my profession and take the set precautions to provide patient care, especially in the specialty wards where the chances of contamination are high (Moorhead 2013). I will report and identify the actual and potential risks related to the issues if practices are found to be below the standards. The second area will be critical thinking and analysis of the nursing practice. For this, I will use, analyze and access the best available evidence for nursing practice to provide safe and quality care to the patients without any compromise (Mariano 2013). From my placement experience, I will shape my future practice by using ethical frameworks. References Mariano, C., 2013. Holistic nursing: Scope and standards of practice.Dossey, Barbara M.; Keegan, Lynn, compiladores. Holistic Nursing. A Handbook for Practice. Burlington: American Holistic Nurses Association,64. Masters, K., 2015.Role development in professional nursing practice. Jones Bartlett Publishers. Moorhead, S., 2013.Nursing Outcomes Classification (NOC), Measurement of Health Outcomes, 5: Nursing Outcomes Classification (NOC). Elsevier Health Sciences. Nursingmidwiferyboard.gov.au. (2016).Nursing and Midwifery Board of Australia - Professional Codes Guidelines. [online] Available at: https://www.nursingmidwiferyboard.gov.au/Codes-Guidelines-Statements.aspx [Accessed 20 Sep. 2016]. O'Connell, J., Gardner, G. and Coyer, F., 2014. Beyond competencies: using a capability framework in developing practice standards for advanced practice nursing.Journal of advanced nursing,70(12), pp.2728-2735. Odell, M., 2015. Detection and management of the deteriorating ward patient: an evaluation of nursing practice.Journal of clinical nursing,24(1-2), pp.173-182. Polit, D.F. and Beck, C.T., 2013.Essentials of nursing research: Appraising evidence for nursing practice. Lippincott Williams Wilkins. Sutherland-Fraser, S., Osborne, S. and Bryant, K., 2016. Perioperative Nursing.Perioperative Nursing: An Introduction, 2nd Edition, pp.1-29.

Islam The Straight Path Essays - Islam, John Esposito, Muslim

Islam The Straight Path Islam The Straight Path An evaluation of the book by John L. Esposito: Islam The Straight Path. In this book , Esposito provides a succinct, up-to-date survey of the Islamic experience, an introduction to the faith, belief, and practice of Islam from its origins to its contemporary resurgence. He traces the emergence and development of this dynamic faith and its impact on world history and politics. He discusses the formation of Islamic belief and practice (law, theology, philosophy, and mysticism), chronicling the struggle of Muslims to define and adhere to their Islamic way of life. Equally important is the essential information Esposito provides on the contemporary world of Islam, from Muslim responses to the challenges of colonialism and modernization to the reassertion of Islam in politics and society. This introductory book in the teaching of Islam and Islamic way of life by Esposito can be categorized in three different sections with various sub-tittles. First section concentrates on structural elements of Islam that includes Messenger and the Message; that are Muhammad and the Holy Koran. Second section is about The emergence of Islamic identity, as the Muslim Community, which includes the belief and the practice of the religion. And finally the modern Interpretations of Islam. Esposito introduces three concepts; in the first three chapters he explains what Islam is. I believe that he did an excellent job in presenting pre-Islamic time for Arabia and its surrounding region. But I also believe that concentrating on Muhammad's (PBUH) biography has little relevant to Islam. Because Islam is based mainly on the completion message of God to the World. I believe if a non-Muslim reader try were to understand Islam through this book he or she would compare it to the concept of Jesus, or David the Texan cult leader, and many others. I found that Esposito guides its readers to a clear understanding of Muslims and non-Muslim prospective. Nevertheless, he is a director of center for Muslim-Christian understanding. Esposito has emphasized on the holy Quran, Gods message and the messenger. I also believe that he has introduced a clear guideline for Muslims and their practice. Laying out their laws, beliefs, attitudes, values, and other religious responsibilities. I also found that Esposito writes with good academic intentions and writing on Islam from a western perspective. Esposito describes the realities of the Muslim world in their struggle to define their social, political, and economical identity. Although, he points that many of these ambitions are kept short due to lack of strong and faithful authorities in the Muslim world. As Esposito, introduces the faith, belief, and the practice of Islam from pre-historic times one can clearly see the religious events and the struggle of a religion through time. As on page 31, Esposito says, ?Muslims throughout the centuries, the message of the Koran and the examples of the Prophet? are the essential building blocs of Muslim life. He also emphasizes on the importance of Islam history and civilization, because he believes that they are the ?record of that struggle to interpret and to follow the Straight Path. (Esposito 31:1998) Esposito also, introduces the idea of Modernism, that Islamic times have not just only brought religion alone but also economic and military hardships to the west, as he puts it, challenge to western technology. The impact of western imperialism has also impacted the Islamic world. As the book evolves, he talks about Modern nations; secular, Muslim and Islamic. Giving examples, such as Turkey being in the secular sector, Iran as the Islamic, and finally the Muslim sector of modern nations including Jordan and Egypt. Coming to an end at the Muslims of Western Europe, the presence of Muslims in Europe is not a new force, but a generation of siege and conquer. Over the years Ottomans and other missionaries have put forward their idea of Islam in many parts of Europe, including Bosnia and Romania. The Importance of Understanding Muslims and Islam: Muslims and Islam are two related terms, at the same time different in its application. Let us first talk about the importance of understanding the term Muslims. Muslims are people who belong to the religion Islam. Muslims could act in various ways, presenting their actions differently, a Muslim from India or South Islam The Straight Path Essays - Islam, John Esposito, Muslim Islam The Straight Path Islam The Straight Path An evaluation of the book by John L. Esposito: Islam The Straight Path. In this book , Esposito provides a succinct, up-to-date survey of the Islamic experience, an introduction to the faith, belief, and practice of Islam from its origins to its contemporary resurgence. He traces the emergence and development of this dynamic faith and its impact on world history and politics. He discusses the formation of Islamic belief and practice (law, theology, philosophy, and mysticism), chronicling the struggle of Muslims to define and adhere to their Islamic way of life. Equally important is the essential information Esposito provides on the contemporary world of Islam, from Muslim responses to the challenges of colonialism and modernization to the reassertion of Islam in politics and society. This introductory book in the teaching of Islam and Islamic way of life by Esposito can be categorized in three different sections with various sub-tittles. First section concentrates on structural elements of Islam that includes Messenger and the Message; that are Muhammad and the Holy Koran. Second section is about The emergence of Islamic identity, as the Muslim Community, which includes the belief and the practice of the religion. And finally the modern Interpretations of Islam. Esposito introduces three concepts; in the first three chapters he explains what Islam is. I believe that he did an excellent job in presenting pre-Islamic time for Arabia and its surrounding region. But I also believe that concentrating on Muhammad's (PBUH) biography has little relevant to Islam. Because Islam is based mainly on the completion message of God to the World. I believe if a non-Muslim reader try were to understand Islam through this book he or she would compare it to the concept of Jesus, or David the Texan cult leader, and many others. I found that Esposito guides its readers to a clear understanding of Muslims and non-Muslim prospective. Nevertheless, he is a director of center for Muslim-Christian understanding. Esposito has emphasized on the holy Quran, Gods message and the messenger. I also believe that he has introduced a clear guideline for Muslims and their practice. Laying out their laws, beliefs, attitudes, values, and other religious responsibilities. I also found that Esposito writes with good academic intentions and writing on Islam from a western perspective. Esposito describes the realities of the Muslim world in their struggle to define their social, political, and economical identity. Although, he points that many of these ambitions are kept short due to lack of strong and faithful authorities in the Muslim world. As Esposito, introduces the faith, belief, and the practice of Islam from pre-historic times one can clearly see the religious events and the struggle of a religion through time. As on page 31, Esposito says, ?Muslims throughout the centuries, the message of the Koran and the examples of the Prophet? are the essential building blocs of Muslim life. He also emphasizes on the importance of Islam history and civilization, because he believes that they are the ?record of that struggle to interpret and to follow the Straight Path. (Esposito 31:1998) Esposito also, introduces the idea of Modernism, that Islamic times have not just only brought religion alone but also economic and military hardships to the west, as he puts it, challenge to western technology. The impact of western imperialism has also impacted the Islamic world. As the book evolves, he talks about Modern nations; secular, Muslim and Islamic. Giving examples, such as Turkey being in the secular sector, Iran as the Islamic, and finally the Muslim sector of modern nations including Jordan and Egypt. Coming to an end at the Muslims of Western Europe, the presence of Muslims in Europe is not a new force, but a generation of siege and conquer. Over the years Ottomans and other missionaries have put forward their idea of Islam in many parts of Europe, including Bosnia and Romania. The Importance of Understanding Muslims and Islam: Muslims and Islam are two related terms, at the same time different in its application. Let us first talk about the importance of understanding the term Muslims. Muslims are people who belong to the religion Islam. Muslims could act in various ways, presenting their actions differently, a Muslim from India or South

Perspectives Woman at point Zero

The story revolves around a woman who seeks vengeance against betrayal by her lover. The play is set in the city of Corinth where the lady Medea has been invited to by Jason following the Golden Fleece. Jason decides to leave her for another woman, Glauce whose father happens to be a King.Advertising We will write a custom essay sample on Perspectives: Woman at point Zero specifically for you for only $16.05 $11/page Learn More In the opening scene of the play, Medea is beating herself over the loss and present to console her is an elderly nurse. The nurse tries to console her and she is afraid that Medea might end up harming herself and her kids. King Creon, Glauce’s father has gotten wind of the incident and he shows up with the intention of sending her to exile. He is extremely afraid of what she might do. Later, Jason arrives, sits her down and tries to explain his actions. He justifies what he did saying that it would have been unreasonable f or him to let the chance to marry a princess pass him by. Medea is barbarian and according to Jason, there is no pride in marrying her. He however supposes that in the future he could consolidate the two households and maintain Medea as a mistress. He promises to take care of her even after he is married to the princess. Medea and fellow women do not trust his word and she goes ahead to remind him that she moved away from her people on his account and that she was her salvation from the dragon. In the succeeding scenes, the King of Athens pays Medea a visit and he is saddened by the fact that he does not have children. Medea promises to help his wife conceive as long as he promises to offer her protection. As scenes unfold, Medea strategizes on how best to kill King Creon and his daughter Glauce. She finally decides to poison them by placing some toxic substances in the royal robes. She hopes that both father and daughter will be poisoned once they put on the attires. She also plans to kill both her children as an act of revenge against Jason. Her plot to kill King Creon and Glauce materializes and she also manages to murder her two sons. Knowing very well that Jason will be looking to kill her after the heinous actions she packs up and escapes to Athens taking the children’s bodies with her. The play is written in a style that suits the time in which the events were based. The constant interaction between human beings and gods follows the trends of most Greek mythologies and the action of the play happens unbelievably. It is however hard for anyone modern times to see the justification of Medea’s deeds. It almost seems selfish that she decided to cruelly kill her children and then run off to another city to continue with life as usual.Advertising Looking for essay on literature languages? Let's see if we can help you! Get your first paper with 15% OFF Learn More The story appears to show the challenges that women face in a dominan tly patriarchal society and tries to explore the inner strengths that women can summon in their defence. Euripides uses Medea’s unique character to bring out the themes of passion and revenge. The element of class distinction is also well illustrated with Medea’s barbaric heritage being contrasted with Glauce’s royal lineage. Euripides clearly illustrates that the higher class will always strive to maintain dominance over the low class even if it means sometimes forcefully taking the desirable acquisitions that the lower class have secured. This essay on Perspectives: Woman at point Zero was written and submitted by user Bennett Odom to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Easy Emerald Geode Crystal Project

Easy Emerald Geode Crystal Project Grow this crystal geode overnight using plaster for the geode and a non-toxic chemical to make simulated emerald crystals. Emerald Crystal Geode Materials A geode is a hollow rock that is filled with small crystals. This homemade geode is much like a natural one, except these crystals take hours to form rather than millions of years. monoammonium phosphate (also called ammonium phosphate, sold as a plant fertilizer or for use in dry fire extinguishers)  hot waterfood coloringplaster of Paris   Prepare the Geode Prepare a hollow plaster of Paris rock: First you need a rounded shape in which you can mold your hollow rock. The bottom of one of the depressions in a foam egg carton works great. Another option is to set a piece of plastic wrap inside of a coffee cup or paper cup.Mix a small amount of water in with some plaster of Paris to make a thick paste. If you happen to have a couple of  seed crystals  of ammonium phosphate, you can stir them into the plaster mixture. Seed crystals can be used to provide nucleation sites for the crystals, which can produce a more natural-looking geode.Press the plaster of Paris against the sides and bottom of the depression to make a bowl shape. Use plastic wrap if the container is rigid, so that its easier to remove the plaster.Allow about 30 minutes for the plaster to set up, then remove it from the mold and set it aside to finish drying. If you used plastic wrap, peel it off after you pull the plaster geode out of the container. Grow the Crystals Pour about a half cup of very hot tap water into a cup.Stir in ammonium phosphate until it stops dissolving. This occurs when a few crystals start to accumulate at the bottom of the cup.Add food coloring to color your crystals.Set your plaster geode inside a cup or bowl. You are aiming for a container that is a size such that the crystal solution will just cover the top of the geode.Pour the crystal solution into the geode, allowing it to overflow into the surrounding container and eventually cover the geode. Avoid pouring in any undissolved material.Set the geode in a location where it wont be disturbed. You should see crystal growth overnight.When you are pleased with the appearance of your geode (overnight up to a few days), remove it from the solution and allow it to dry. You can pour the solution down the drain.Keep your geode beautiful by protecting it from high humidity and dust. You can store it wrapped in a paper towel or tissue paper or inside of a display case. Tips and Tricks If green isnt your color, you can use any color of food color you like.You can grow geodes using other chemicals, like salt, sugar, or Epsom salts.If you dont have Plaster of Paris or simply dont want to mess with it, you can grow the geode inside a clean egg shell. The egg shell is calcium carbonate, so this geode is much like a natural mineral. If you pour the crystal solution over the egg shell, youll get crystals both outside and inside the shell. To get crystals only on the inside, fill the shell with the solution.An advanced form of this project is to grow crystals inside a rock that you can crack open to see the crystals. This takes a bit more work, but produces a cool effect.You can hollow an egg shell by making a small hole in one end of the shell and using a needle to stir up the egg. Shake out the egg and allow the shell to dry before filling the hole with the crystal solution. You may need to use a needle for this. After filling the egg, make sure the hole is at the top, so it wont get plugged with crystals. Allow a day for the geode to fill. Drain off the solution and youre done! You might wish to allow several days before opening this geode, to make certain the inside is completely dry.

Provocation As A Defence Essay Example | Topics and Well Written Essays - 3000 words

Provocation As A Defence - Essay Example The researcher states that today, under the English common law the act of provocation as a defence has been considered as a vali, since last many centuries especially in cases of murder and wherever it has been proved to be a valid defence worth consideration then in that case the murder charge has been converted to man-slaughter. The killings done by the accused has been condoned because according to the judge and the jury it was done in a state of anger aroused by some or the other kind of provocation. Provocation as a defence has been going on since the medieval times. The Royal Commission on Capital Punishment, which reported in 1953, concluded that the defence was, in some respects, too rigid and exclusionary. The English Law Commission has recently published its final proposals for a reformed law of provocation. The recommendations come in two parts: situations where accused acted in response to a fear of serious violence or in response to words or conduct that constitute †Å"gross provocation.† In cases of fear of serious violence, accused will be convicted of second degree murder, provided a person of the accused’s age and of ordinary temperament, in the given circumstances might have reacted in the similar way. This development is welcome and seems entirely suitable to cover without strain domestic violence cases. It also caters to the demands of the long drawn of several activists who had been crying hoarse over the years over the defence of provocation as being flawed and bloated.

Mathematics Autobiography Essay Example | Topics and Well Written Essays - 500 words

Mathematics Autobiography - Essay Example In my entire course, my grades were good enough to further my study since my improvement was notable. My interest in mathematics started after my first pre-calculus class. My professors led me to discover the mystery of math and showed me the significance of mathematics in the scientific world. Presently, as a math major student in Seattle University, I am focused to get a better grade. This will help me get a higher-level education of mathematics in the future. My future plans and my personal expectations in mathematics is to get into a graduate school and major in statistics. From my researched understanding, statistics is a study that involves mathematical calculations and data analysis. This helps predict the future and determine what happened in the past. A program which works with numbers and data is challenging hence will improve my cognitive understanding and make my life more wonderful. The most attractive thing about mathematics in my life is studying with numbers. I can solve problems using different approaches and prove my answers with numbers. I consider it more interesting when I solve problems using numbers instead of using words. To me, using of Reserve proof to prove a mathematics problem is like a magic. However, not every aspect of mathematics interests me. For instance, understanding of theorem and definitions, as presented in publications has always been a problem to me. Reading is the hardest part in my life, so I still need to work hard with the definitions. Calculus II, integral, and Differential Equation are the most interesting units that I have taken in my entire course. I like integral and it interests me to integrate a hard question and finally figure out the answer. After taking Differential Equation class, I learned how to integrate an equation and restore it back to its previous state. I am taking math 310 as a major requirement and the same unit is a basic class for my higher-level math classes. Proving, which is a

Introduction philosophy Essay Example | Topics and Well Written Essays - 750 words

Introduction philosophy - Essay Example One of the critical condemnations of Existentialism has been that it is so much atheistic that the existentialists argue that God does not exist in the world. However, Sartre convincingly purports that existentialism is simply not that, and it is important to realize that, according to the existentialists, it does not matter if God exists or not. â€Å"Existentialism,† Sartre makes clear, â€Å"is nothing else than an attempt to draw all the consequences of a coherent atheistic position. It isn’t trying to plunge man into despair at all†¦ Existentialism isn’t so atheistic that it wears itself out showing that God doesn’t exist. Rather, it declares that even if God did exist, that would change nothing. There you’ve got our point of view.† (Sartre, 51) According to him, it does not mean that the existentialists believe that God exists, but rather they think that the problem of the existence God is not the issue here. Therefore, it is impor tant to realize existentialism as optimistic and as a doctrine of action. It is also fundamental to distinguish between the despair of the Christians and that of the existentialists, and the arguments of Sartre have great implications with regard to the existentialist understanding of human nature and the nature of vale. One of the basic arguments of the existentialists has been that there is no human nature, in view of the fact that there is no God to conceive it and the philosophy of Sartre should be realized as an attempt to draw all the consequences of a coherent atheistic position. Therefore, the quotation given here has great implication in realizing the fundamental philosophy of the existentialists with regard to the nature of human beings. Existentialism has been charged with dwelling on human degradation and neglecting the gracious and beautiful, the bright side of human nature. However, Sartre offers a convincing explanation of how

Historical Development f Public Administration

Historical Development f Public Administration Since at least the 1970s, public administration has been characterized by an intellectual identity crisis, the various dimensions of which can be most compactly summarized as the legitimacy problem. Drawing from specific authors and schools of thought, outline the major dimensions of the legitimacy problem in public administration and describe the ways in which scholars and reformers have diagnosed and attempted to resolve this problem. Next, explain why the legitimacy problem matters. What is at stake? In considering this aspect of the question, you should think about how the issues presented via the legitimacy question affect the everyday practice of democratic government and the identity of public administration as a field of study. The debate over public administration identity and its legitimacy problem have been the focus for many years, and very likely to continue in foreseeable future. Previous scholars in public administration have examined this issue through a variety of approaches and perspectives. More specifically, the framing of the legitimacy issue and identity crisis in the discipline are all subjected to different scholars own focus and perception about the world. Perhaps the origin of the problem can be dated back to the establishment of US nation, when Founding Fathers drafted the constitution and design three branches of government with check and balance mechanism, they left out public administration, which others might considered that public administration is not a democratic production due to its hieratical structure, and therefore, does not have a legitimate place in government. In general, we can summarize these debates into following aspects: the accountability aspect, constitutional aspect , role of government aspect, and method of public administration employ to approach both academic study and practical matters. These issues affect how we conceptualize the practice of public administration as well as the conduct of research inquiry in the field. Historical development of public administration (accountability aspect) The earliest scholars who mention the identity of public administration are Wodrow Wilson and Goodnow, which also raise the issue of politic-administration dichotomy. During the early period of 20th century, the government system is considered to be corrupted with patronages. Therefore, Wilson argued that there should be a distinct separation between politics and administration, and Goodnow further conclude that politics is the representation of peoples will and administration is the execution of that will. They envision a bureaucratic system with hieratical structure and formal rules and regulations, and expert administrators will act faithfully according to the political system. This notion give rise to the debate between Friedrik and Finer, where on one hand, Finer believes in strict regulation that guard against administrators abuse the power and administrators should only focus on the technical issues, while Friedrik was arguing administrators are experts and should actively eng age in policymaking process. In addition, such dichotomy between politics and administration also revisited by scholars Dwight Waldo and Herbert Simon. Waldo in his Administrative State, points out that the dichotomy is between facts and values, which is impossible and should not be separate in government, since public administration deals with peoples perception toward the state, and the study as well as practice of it should be guided by different normative values. Simon on the other hand, in Administrative Behavior, arguing while there is close relation between politics and administration, the purpose of public administration should focus on the most efficient way to carry out those values. Empirical aspects of legitimacy problem (Role of the government aspect) There are multiple aspects revolving legitimacy problem, from empirical and practical aspect, Nye et al in their book government and its discontented perform empirical test and found that US public has low trust in government and perceive it as inefficient and ineffective which poses the legitimacy problem for the government. Such negative perception toward government, according to David Harvey is stem from neoliberalism, especially against Keynes approach to expend the government during Roosevelt administration. Essentially, the debate over the role of government, or the tension between neoliberalism and Keynes approach, is about the identity of public administration. In other words, neoliberalism considers administrators as hindrance while Keynes supporter see positive value in them. This also introduced the era of New Public Management (NPM) reform. According to scholars Lynn and Kettl, NPM advocates for emphasis on efficiency and accountability to customers, and the market approach which include privatization of services, contract out government service to private and non-profit sectors. However, recent scholars like Stivers, King et al, Denhardt, Fung, Nabatchi, and Lucio, they see weakness in empathizing rolling back or hollowing out the state, and highlight the importance of people trust and connection with others, which government should play active role. (Constitution aspect) Another point of attention in legitimacy problem resides in the constitution, or federalist and anti-federalist debate. Constitution did not directly mention the creation of an administrative system but focus on separation of power, which produced the ambiguities of whether public administration is legitimate or not. Scholar Spicer believe the reason is because constitution regards people as not always rational and must rely on formal rules and structure, and government establishes its legitimacy through a federalist view. However, other scholars have different perspectives than Spicers. For example, McSwite argues that the creation of constitution is a compromise act, a conflict between the social elites that want to ensure their interests and lower members of society, in which the elites successfully create a centralized government that serve the interest of few. Therefore, McSwite was champion a more direct form of democracy system that can alleviate the legi timacy problem. On the other hand, scholar Rohr disagree with McSwites position and believes that constitution was actually intended for public administration to exist because constitution limits the legislature branchs ability to fully represent peoples will. In other words, Rohr suggest that the legitimacy problem occurs due to different interpretation of constitution, and the solution to government legitimacy problem is public administration since administrators are closer to the people compare to congress. Major schools of thoughts and scholars (method aspect) It is not surprising that same constitution could have several different meaning for different scholar, which correspond to scholar David Farmers argument that social reality is different for different groups because each scholars understanding and approach the field is limited by their own experience and knowledge. Coming from a post-modernist perspective, Farmer suggests that the study of public administration should approach through examining the characteristics underlying in current society. In other words, Farmers solution to the public administration identity crisis is to examine the reality through different perspective, which allows for a better understanding of reality. In particular, he points out the limitation of contemporary methods in the practice of public administration which include emphasis on scientific reasoning in the discipline and market-ism in practice. On one hand, scientific reasoning overlooks values and ethic dimension. On the other, market approach practi ce contradicts with governments goal of improving public wellness. Fundamentally, post-modernist perspective caution that reasons and rationality might hinder our understanding of the reality. Similar to Farmers post-modernist perspective, Stivers approach this science and enterprise method in public administration through feminism perspective. Stivers points out that current foundation for public administration was established on gender differences, where masculine attributes like science and rationality overcome the common attributes like trust and caring which considered to be feminine. In addition, Stivers believes that the legitimacy crisis is rooted in the nature of public administration, in which she argues that it is essentially about public trust and connection with each other, the attributes considered to be feminine. Yet public administration legitimacy was established through masculinity, therefore, which caused the decrease of interest in social wellness and seeks effic iency of individual interest. According to Stivers, the end result of that conflict leads to the legitimacy problem, therefore, Stivers believe the solution to the problem is that administrators should focus on improving the relationship and connection between individual among society, and enhance peoples notion of the public. Similarly, Stiverss notion corresponds to Waldos previous suggestion. Waldo strongly disagree with public administration as a value-neutral discipline that apply scientific method to pursuit efficiency, he argues that efficiency is essentially a value also, and to emphasize on efficiency along will sacrifices other normative values. The famous example Waldo use is that Germanys approach during World War II of ethnic cleansing is extremely efficient. Recent scholars like Denhardts also argue another weakness in scientific inquiry into public administration study is the risk that disregard as irrational in peoples behaviors that are not driven by rationality or self-interest. To summarize the method aspect of legitimacy problem, for practitioners, the identity crisis resides in their perception toward different governance approaches: in traditional governance, the method is command and control; in market governance, the method is self-interest; and in collaboration governance, the method is trust and negotiation. How administrators identify which approach should take depend on their beliefs and perception. On the other hand, the methodological aspect of identity crisis in the academic study of public administration revolving around whether public administration is an art that surround with different values and perspectives; or a science that focus on analyzing facts. Scholar Raaschelders propose his solution to identity crisis by acknowledging there are advantages in each of inquiry methods, and the solution to this problem is to put this debate aside and move on. Why legitimacy problem important? Legitimacy issue is a critical challenge facing public administration for both government and academic discipline. Not surprisingly, scholars who participated in the debate over identity crisis all have their own argument why legitimacy issue is a serious problem. For example, scholar Rohr points out that if administration was seen as illegitimate to the people, this will lead to social unrest. Also, Ostrom, in the book intellectual crisis in public administration mentioned that the incidents like Watergate could be attributed to the crisis of legitimacy. Aside from previous scholars concerns, in my opinion, for academic scholars studying in the field of public administration, if we fail to reach consensus on what is public administration and what elements constitute a legitimate knowledge inquiry, then, public administration might be under the risk of being a subfield to another discipline, or even fractionized into several. In addition, the identity crisis of what is public adminis tration can also complicated the intellectual crisis of what the study of public administration should focus. The failure of defining core identity and drawing a clear boundary of inquiry might jeopardize future development of public administration study. While my concerns might not be the same as what scholars like Raaschelders and Denhardt have argued, Raaschelders suggests that current debate over identity of public administration on its methodological approaches is backward, and somewhat meaningless due to the complexity nature of government rendering the true understanding of reality impossible, therefore, future scholars should just move beyond this debate and consider public administration discipline as an interdisciplinary study like a harbor anchoring multi-face studies. Denhardt on the other hand, argues that current emphasis on scientific method might limit the room for other considerations. Therefore, the study of public administration should include other perspectives. These are valid arguments, however, I believe how scholars perceive their studies and how the field defines itself will significantly shape future study and the methods. Yet in the education of public administration, which deals with the training of future administrators, and the curriculum design is associated with what capacity scholars believe administrators should have. My argument for the importance of legitimacy problem is that while public administration discipline includes various schools of thought with their own advantages and weakness, if the academic field is so complex and scholars cannot draw a boundary to the knowledge, then the accumulation of knowledge created since the inception of public administration, combine with extreme diverse scholars perception and methodology, I fear that the wide range content cover in current education system might exceed students capacity to comprehend. In more simplistic terms, my argument is that there is no doubt that every schools o f thought is valuable and impossible to decide which one is outside the realm of public administration, however, the sheer amount of public administration knowledge still requires and challenges this discipline to triage its body of scholars work, so that the training and cultivation of future administrator is possible. Otherwise, over time, this problem of drawing definition might translates to future government administrators and the public struggling with the different experience and understanding; perceptions of governments role; and their approach to formulate and implement policy.

Solve a Problem

Solve a Problem Paper Laura Cud university to Phoenix PHALLI Creative Minds and Critical Thinking Jansen Buckler August 07, 2013 The concept of creativity in processing a strategic plan was not implemented in a professional scenario of consolidating two warehouses together; a consolidation that creates a centralized operation to maintain transparency for customer satisfaction. The creative process has two broad applications to open the thought process of being creative: solving problems and resolving controversial Issues (Ruggeri, 2009).More to the point the terms problem and issue noticeably overlap; both terms refer o an unpleasant condition that challenges the resourcefulness to provide a satisfactory remedy to an explosive problem. Although the term Issue divides personnel against each other, both sides have created barriers against the opposing party. By evaluating the four stages of creativity will gain an understanding to have a productive project while maintain transparency t o the customer. The tour stages to creative process that should have applied to a consolidation project begin with (a) searching for challenges (Ruggeri, 2009).Frequently challenges are presented with issues that create an evidential dilemma. Problems that include longer than expected customer wait time due to multiple warehouses to execute a response of materiel issue to the customer. To meet this challenges In an original yet effective way management must (b) express the problem or issue to identify the problematic areas for consolidating the warehouses. Recognizing the problems within an issue will yield a plausible solution.Furthermore having to transport materiel issue documents between building causing double and sometime triple handling of materiel hard copy issue documents. Only after the (c) investigating to problem or issue will management discover the pertain Information necessary to deal effectively with customer dissatisfaction of having to wait long periods of time to receive materiel, especially under urgent conditions. The investigating stage allows the process to be mapped out to see where fresh Ideas can be Implemented and old processed might be evicted bring about a new and improved management of hard copy documents.These fresh concepts will be the source of (d) producing ideas that generates credible consideration to decide what action to take In order to mitigate the current customer wait times. Although there are two obstacles to overcome: the unwitting tendency to limit Ideas regarding familiar habits and creating barriers to the â€Å"unknown† to change (Ruggeri, 2009). The Ana in our project tell short in this stage, as a team on this consolidation project we taunt ourselves tempting to hold tight to the current processes. It seemed that the new processes were alien and the creativity within this project fell short.Because we fought the inevitable the turn-around time of the projects cradle to grave life line went from a two mon th expected closure to a six month lingering of barriers to change. Understanding the techniques used to break down the barriers of change and have a successful consolidation closed the fourth stage of creative processes. The techniques used in this consolidation challenge were trim-fold, stake holders that included the employees, management, and customers. Both employees and management was observant to the change that was occurring.Both parties were involved in his or her internal reveries causing them to miss the bulk of what was causing the change to occur. The customers were frustrated by observing the constraints in receiving materiel and watching the installation fall apart due to miss-communication between employee and management. Management was looking for the imperfection in the current processes and provided training to the employees before the change was executed. All three parties saw imperfections of their own and learned how to handle those changes when they searched f or their causes.Management had to be sensitive to the implications of this consolidation and recognize the controversy from the change. To properly investigate the currently problem, management must first identify the problems that need to be solved. Management had to search out the facts behind the change; they would use eye witness testimony from the customer (Ruggeri, 2009). This testimony will give the customer a chance to vent their frustrations. Expert opinions from other entities that have consolidated their processes to see were their problematic issues were and what worked smoothly.Conduct surveys with the employees who would experience the change in the processes and how that will affect daily production. Finally management shall review their own experiences to see where in the problem lays on their end. By taking in all these prospective will allow management to have a 360 degree view of the problem and possible solutions to resolve the constraints in the consolidation pr oject. Questions to be answered before the consolidation can be implemented: * What will the new management hierarchy look like? How will the new processes fall into the old processes of issuing materiel? * Will we still use hard copy documents? * How will the customers be affected by this change? * How will the customer overcome their current frustrations? To better understand the problem behind this consolidation project, the stakeholders were on the verge of experiencing a change that had a variable of unknowns. Yes, the consolidation would reduce the turn-around time for the customers to receive their materiel, and the use of hard copy documents prolonged the issues rates.There were several advantages for technology and computerized documents to expedite the materiel issues. Although the hierarchy would change moving employees into a centralized location, the employees would see a minimal impact because the management system was not going to change Just the location. The new pro cesses would fall into the old process nicely due to the computerized issue documents and the track-ability of the eateries will show a positive chain of custody with an exchange of hands.The Old nard copy documents cause constrains Witt the loss to paperwork and past issue to materiel. Currently there are no hard-copy documents they were resolved when the documents became electronic. The customers will experience a bottle neck effect during the consolidation but once the materiel is moved into the new building it will have a stronger turn-around time. The customer will overcome their frustration by keeping an open like of communication and give a advance notice of intent with urgent items that need to be expedited.At the conclusion of this project it was noticed that the Seems were customer constraints and the lost of materiel transparency during the move. And the Jewels were that communication between the stakeholders kept the material movement seamless, as well as the advances in technology. Ultimately this project was a success, although if we would have used the creative process within our implantation we would not have experience the various constraints. References Ruggeri, V. R. (2009). The art of thinking: A guide to critical and creative thought (9th deed. ). New York, NY: Pearson Longhand.

Week One Ethics Development

The ethical system is built from many theories. Utilitarianism teaches to â€Å"do† the right things in life. Deontology follows dictations and commandments from the bible. The virtue theory contains the development of personal characteristics. It is interesting to know how a person develops morals and values and why everyone is different. Utilitarianism in ethics is the theory that the rightness or wrongness of an action is determined by its usefulness in bringing about the most happiness of all those affected by it. The word utilitarianism comes from the Greek word telos, which means â€Å"end†. Under this direction, acting ethically means making decisions and taking actions that benefit the people by maximizing â€Å"good† and minimizing â€Å"bad† (danielsfund. org). Englishmen Jerry Bentham and John Stuart Mill were too of the most influential developers of the utilitarian view point. Utilitarianism focuses on the pursuit of happiness. Another theory is the deontology moral theory. While utilitarianism revolves around the concept of â€Å"the end justifies the means†, and deontology works on a concept that â€Å"the ends does not justify the means†. Deontology is another moral theory that is dependent on the Scriptures, which may refer to rules, moral laws, and intuition. It is based on the Greek word â€Å"deon† and â€Å"logos† meaning, â€Å"the study of duty†. In other words deontology is based on the idea that we have a duty to do certain things and to not do certain things. For example, if a person refuses to shoot someone because they feel they have a duty to follow the commandment â€Å"Thou shalt not kill†. This sentence becomes a rule that the person lives by. Deontologist have strong feelings about the words â€Å"right† and â€Å"good†. Rights have to do with actions. Good has to do with outcomes. They feel that â€Å"right† is the only consideration. Deontologist are people who freely choose to accept certain constraints and who decide what is right by looking at the nature of the act itself. Some establish rules, such as keep your promises, do not kill, etc. and some follow God’s commandments. They do not look at the consequences as a rule and sometimes find themselves in difficult situations. Deontologists face more problems then conflicting duties. They are sometimes accused of being cold hearted moral machines that ignore the world around them. There are many disputes with this moral theory because people question if they are being ethical by doing what God says because they want to go to heaven. There is a difference between being obedient and being ethical. Another fascinating theory is the virtue theory. The virtue theory is different from utilitarianism and deontology. Many philosophers believe that morality consists of following precisely defined rules of conduct. Virtue theorists place less emphasis on learning rules, instead stress the importance of developing good habits of character. The virtue theory emphasizes moral education since virtuous character traits are developed in one’s youth. Adults are responsible for instilling virtues in the young. There are certain traits which are seen to be virtuous. For example, a few are wisdom, courage, justice and temperance. Virtue ethics can be seen as an ethics of personal development. People can develop virtues over time, and so in theory, grow into a better person. The virtue theory describes the position of my morality on a personal level. My parents taught me right from wrong and how to be a good person. They were my role models and I am the person that I am today because of them. They taught me that stealing is worng, and to respect others. These things are in the bible an my family believes in God but for me that was not the first that I react to when I make a decision. My decision making is guided by characteristics and the virtues that are installed in me. When I was younger I made many terrible decisions but now that I am older and wiser I make better decisions. For example, one day I was leaving Wal-Mart and I noticed that my daughter which is two years old had a toy in her stroller that was not paid for. I immediately went back inside to pay for the item. Because I have great parents that was raised with the good morals and values I will honor them by installing those traits into my children so they will become good people and grow up to be successful in life. Deontology moral theory works for individuals who are obedient and utilitarianism is great for someone who believes in taking action for the good of all. The virtue theory will work for someone who has strong and positive role models in their life. All three of these theories are great ways to incorporate good values and morals. Finding the one the best fits a person’s lifestyle is a challenge.

Critical analysis of the opening chapters of Waterland Essay Example

Critical analysis of the opening chapters of Waterland Essay Example Critical analysis of the opening chapters of Waterland Essay Critical analysis of the opening chapters of Waterland Essay This conclusion to the books opening paragraph epitomizes the first 4 chapters a seemingly ambiguous idea that bears no real resemblance to anything. However, this is because Graham Swift writes deliberately, and even the strangest subject is actually entirely relevant to both the plot and story. This allows him to develop his novels in his own, unique way (Although numerous parodies of other writers are present in his words; the most apparent example being Thomas Hardy and his descriptive style, where Swift describes the setting for periods of time, relating it to his characters) and fully explore his setting through his words, in this case The Fens. The first four chapters of Waterland do not introduce a plot that has lots of substance, save for the discovery of the body, which belonged to Freddie Parr, and the cutting back on history. However, this is not Swifts aim he attempts to acclimatise the reader to his world (Most evident in the Chapter 3 description About The Fens), thr ough first the introduction of the characters (Sometimes brief, sometimes more developed) and then the region they live in. Swift begins his book writing About the Stars and the Sluice. In this chapter we learn of Tom, Dick and his father, Henry, Crick (As well as Freddy Parr at the climatic end of the chapter). Interestingly enough, it is a humble anecdote that begins the story from Henry Crick, whatever you learn about people, each of them was once a tiny baby sucking his mothers milk This prophetic quote is typical of Henry Crick in the novels opening. He is described as a superstitious man (The theme of superstition and folklore is a recurring one, and is evident throughout the book), a trait that frequently appears during the course of the book. Tom says that his father had a knack for telling stories. Made-up stories, true stories; this is supported by Toms recollection of one midsummer night when his dad said, Do you know what the stars are? His fathers story about the stars strikes a chord with Tom, who admits some of his fathers tales are believable in the first chapter. The stars are referenced indirectly in Chapter 3, when we are told Henry Crick always believed that old Bill Claywas reallya sort of Wise Man. This creates the image of The Wise Men following the Star to Bethlehem, as if to suggest the characters themselves are following their own star (Possibly meaning being led by fate, as the fates of people were said to lie in the stars). We do not even learn what Toms relationship with Dick is in the opening four chapters, such is the vagueness of Swifts style. It is not until later known that Dick is Toms brother, and the irony that surrounds his name (In that Dick has an extremely large penis). In fact, he is only referred to twice, and that is to learn he is four years older than Tom. The mystery around this figure is puzzling, Swift leaving the reader feeling interested and inquisitive about the character. However, we find the main character to be Tom Crick, the narrator of the book. He is an intellectual man, and also a history teacher. We can trace these traits to the first chapter, where Tom explains that, it was my mother who first told me stories, which, she got from books as well as out of head He brings his intellect to his narration, which helps the reader understand the apparent reliance on history to help the story progress, using Latin phrases such as, Ipso facto (Suggesting his knowledge is plentiful and that Lewis shouldnt actually fire him, as hes valuable to the school). Toms only real admission of his own feelings is when he speaks of the cuts of the History Department (Him being one of them), which brings out the frustration and jealousy in him (Acting li ke a sulking child when saying, Its still his ship, as well as the fact that Lewis doesnt say certain things (The rhetoric emphasising his obsession over Lewis apparent negligence). Certainly the characters (In particular Tom), although not explored deep early on, begin to exhibit their complexities by the end of Chapter 4, Swift almost signifying his intent to prolong the full release of their emotions and feelings. Even though the opening four chapters are only 26 pages in length, Swift wastes no time in introducing the main themes of his novel, most notably change, history and evolution. All three can be found in Chapter 3, About The Fens. Tom explains that silt caused them [the shallow, shifting waters of the Wash] to retreat, labelling it an obstacle to water. Whereas the idea of the book is about water never staying the same and constantly changing, silt impedes change, and leaves things as they are. This is both a metaphorical and literal process, as Tom seems bound to his life that he cant escape, pretty much through choice, as if he is his own silt. He cant, and possibly doesnt even want to, change his situation, since his history and heritage means such a lot to him. This is re-emphasized by the process of human siltation; there is the real fight against the silt (Or for in Dicks case, as he works on a dredger), and the metaphorical fight. That is to say, fighting the fears and obstacle s we are faced with, and conquering them, all the while reclaiming the land (Our lives). The theory of change is highlighted by Toms extensive documentary of his family name and ancestry it appears his ancestors were familiar with the change (Especially those in Vermuydens time) and could deal with it, accepting it in their stride. However, Tom cant, or point blank refuses to. Whereas his ancestors ceased to be water people and became land people (Evolving and dealing with the change), Tom doesnt, when it appears he needs to. This is in fact one of the major contextual points of the book the idea of imperialism, colonialism and post-colonialism. The silt acts as the colonizer, and colonizes the land, claiming it from the water. The inhabitants have to co-exist with it, and live by its ruling. When post-colonialism occurs (i.e. the water leaving the land, either through dredging or actual retreat), the colonized take on its way of life, i.e. they try to fight the water as the silt did, and learn to control it. History plays a big part in the novel. Tom, as the narrator, explains his story as well as exhibiting his own knowledge. To the reader, this mix between fact and fiction presents a credible story, but also leads to a distortion of fact, as he would perhaps manipulate them to correspond with his own personal story. One of the main links with history is that of fairy tales, i.e. made-up stories. These are referred to numerous times by Tom to his class (Thus merging them with history) and the single-line paragraphs such as Once upon a time' (The classic fairy-tale opening, surreal in that Tom is telling us a fictional fairy-tale). The most extensive use of history, however, is Chapter 3, where Tom explains his family history, especially Jacob Crick (Swift highlighting him as the main ancestor simply through the amount of time spent on describing him), mill-man and apprentice hermit. Swift describes the simplicity of his job, but follows by stressing the skill and dedication needed to th e job (Almost as if Jacob is a reflection of Henry and Toms roots). Waterland is an historical novel and explores the past, presenting an ironic fact, but also fictional, book. This is a clear example of a paradox where Tom and the characters cant live with history, but also cant live without it (This is also the case for the actual story, since there is no apparent place for fact in a fictitious novel, yet the book is not as fluent without it). The form and structure of these chapters is quite telling of the way Swift wanted to communicate his novel. Chapter 1 serves as a perfect introductory chapter it is short (4 pages long) and has longer paragraphs than, for example, Chapter 4 (This is because Swift varies the paragraph lengths to mirror the structure of the novel itself, with some chapters describing an event in his life, another describing his heritage or information on the Fens, etc). By doing this, there is a clear distinction between each chapter about its purpose Chapter 3 has longer paragraphs, and is a longer chapter overall, because it is purely descriptive of the land, of the people and of the ideas that surround them (Evidently Swift uses these opportunities to develop the Fens so that we, the readers, experience, see and feel it as he does). The penultimate paragraph in Chapter 1 acts as a build up to the dramatic end the detailing of the Leems unceasing booty of debris leads into the final paragraph wher e we learn of the discovery of Freddie Parrs body (Indeed this is quite intentional as, at the beginning of the last paragraph, Swift begins, And thus it was). Swift, as mentioned earlier, varies paragraph length, especially when dealing with short, sharp paragraphs, such as, A fairy-tale land, after all, or Hed like it over and done with and out of the way. This gives the words a more powerful impact, illustrating them as being highly significant (Certainly the sentence structure at the end of Chapter 4 aids this, as we can almost feel the shattering effect the situation is having on Tom, his fairy-tale being ruined by reality). Also at the end of Chapter 4, we have the repetition of Were cutting back History, as if to conclude the chapter the read has just read. This provides a cyclic nature to the chapter where the passage begins and ends the same. Tom uses his intelligence as a history teacher to objectively integrate his own opinions into his narration, adopting parentheses at the end of paragraphs, (But since when have you been living, Lew, in the real world?) There is a possible imperialist form to this novel, where Tom appears to be looking down on the children he teaches, as if they (More specifically, Price What matters is the here and now. Not the past.) do not understand history as he does, and that he is in complete control of them. Lastly, Chapter 3 is the first pure historical chapter weve seen. In Chapter 2, Lewis tells Tom, A chance to get on with that book of yoursA History of the Fens. This Chapter is his book, and it flows from Chapter 2, where Tom says, let me tell you About The Fens. Th is reiterates the fact this is a narration a story being told and this makes the book flow better, making it more conversational. Swifts language throughout these opening chapters is very engaging, as it provokes the reader into reading on (most evident with the use of ellipses (), using it where peoples speech begins to trail off, or to suggest what he leaves unsaid (a school is a microcosm, so if the school works well)). Swift uses certain writing techniques that are cleverly integrated into his work, which, combined with specific linguistic style, creates intriguing reading. The audience of Toms narration is not named, but strong hints are made at his class (This makes his ellipses even more prominent, as there is an audience to suggest, and trail off, to). For instance, in Chapter 2, Tom says, You, above all, should know that it is not out of choice that I am leaving you. The direct address suggests that he is talking to people he knows and, considering he began with the single word sentence Children (The accompanying repetition reminding us that they are the future a post-imperialist reference and so Tom wants to pass them his knowledge before he leaves), we can assume it is to his class with relative aplomb. Toms tone during this chapter is caring and knowledgeable, yet also dominant and slightly patronising, yet this is directed more at Price than the whole class, since Price chose to challenge (And thus insult) Toms life. Repetition is a common technique of Swifts, as, in Chapter 3, he repeats the phrase Not to, showing Toms anger at the exclusion of certain facts (Such as the men who cut the throats of King Charless Dutch drainers), as well as Perhaps, questioning what lies ahead in his [Toms] future. Certainly Swifts descriptions are believable, due to the timescale he covers, as well as the fact the dates and statistics give his story more weight (Make more real). Swift is a great user of pace throughout these chapters. He places two short chapters either side of the long, descriptive Chapter 3, as to break up the flow of the piece (As well as the fact the longer paragraphs and chapters decelerate the pace so that the importance of the facts are not ignored). Swift also integrates i magery and symbolism into his work. One of his more distinguishing images is that of the eel (Especially the trapped eel), which represents the situation of Tom caged in a world and life he cant escape from but, dissimilar to the eel, this is partly through choice. So while Swift appears vague and very obscure at times, he does so for a reason. This is a recurrence throughout the first 4 chapters, which do not see a lot of (if any) plot development, but see a lot of theme and character building, the apparent main focus.

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Identifying the reasons that support the conclusion is one of the main factors in determining the validity of the statement. The University of Phoenix text focuses on locating the information processes needed to make that decision. When making a decision, you first need to know what it is that you are trying to find, whether it is solutions to a problem or facts about a topic. Critical thinkers must always try to keep an open mind about a situation before coming to a conclusion. Next, it is best to analyze the issue or situation. Once you have investigated by asking questions to get answers, you can make informed decisions that will help form your opinions on a subject. A good critical thinker will base their decisions upon reliable and truthful information. Critical thinking allows you to come up with new ideas rather than just working off of others and also helps you to become a valuable employee. 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Contracts and Negligence Assignment Essay Q. 1.1 A Contract is an agreement that is obligatory when imposed or acknowledged by law. (Peel, 2010). An agreement is a contract when forged with the willing approval of those involved in the contract, for a legal consideration and with a legitimate object, and not hereby expressly declared to be void (Malaysian Contracts Act, 1950). Contracts can either be Bilateral or Unilateral. Bilateral Contract is an agreement where a promise is exchanged for a promise. For instance, contract for the sale of goods is a bilateral contract. The purchaser promised to purchase the goods, in return for the seller’s promise to supply the goods. Figure 1 Source: https://www.google.co.uk/search?q=drawing+of+bilateral+contract+by+wikispaces The above shows both sides promise to do something Unilateral Contract occurs where just one person makes a promise open and available to anyone who performs the required action. 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The council received his reply before the political reform affecting the sales of house to council tenants transpired. The Council contended that the ‘Sale of Agreement Form to sell the Council House’ was not an offer and in this instance no contract was contracted. However, the Judges failed to agree and ruled that the form was indeed an offer immediately Mr Storer signed the form and forwarded it back to the Council. It is pertinent to point out the differences between these two similar cases. In the case of Mr Gibson no ‘Agreement for Sale’ was prepared and Mr Gibson did not sign. Whereas for Mr Storer’s case there was an agreement; consequently, the bargaining has been done and an agreement attained. Acceptance: Is defined by Chartered Institute of Taxation as â€Å"any words or actions signifying the offeree’s consent to the terms proposed by the offeror†. Acceptance must be final and unqualified. Acceptance should be conveyed to th e offeree. The wordings contained in the terms of the acceptance must be exact wordings in the terms of offer. Carlill v Carbolic Smoke Ball Company (1891) case refers. The company placed an advert in a newspaper, and in addition put a sum of cash on deposit with a bank and say they would pay anyone who contacted influenza while using their products, a remedy for curing flu, coughs, colds, bronchitis. It stated that anyone who had the ailment after taking the medication shall be recompensed with  £100. A consumer, Ms Carlill, took the medication and caught the flu. The firm was sued by her for damages and her case was successful. Consideration: â€Å"means something of value is given by one party to the order: ‘it is the price of  the promise’ (Chartered Institute of Taxation 2013) In Dunlop Pneumatic Tyre Co. Ltd v Selfridges Co. Ltd. (1915) Consideration is â€Å"an act of forbearance of one party or the promise thereof, is the party which the promise of the other is bought and promise thus given for value enforceable†. Selfridges broke the term of agreement and Dunlop sued and lost the case because Dunlop could not enforce the contract because they did not provide any consideration for the promise made by Selfridge. It is important to highlight that ‘past consideration is no consideration. This means that anything done before the promise in return is given is no consideration and it is not adequate to make the promise binding. Types of consideration include: Executed (present) this is when an act is completed. An example is a Unilateral contract Executory this is when promises have been made in exchange for performance of acts in the future. For instance, a Bilateral contract Past consideration. In addition there are certain requirements for consideration to be valid and these are: It must not be past. However, there are exceptions such as:  (a) Previous request where the promisor has previously asked the other to provide services. Lampleigh v Braithwait (1605) (b) Business Situations, that is, when a thing is done in business and both parties perceived that it will be paid for. Casey’s Patents (1892) refers. (c) The Bill of Exchange Act 1882 Section 27 (1) says â€Å"provided that previous debt is valid for a bill of exchange†. It has to be forbearance to sue that is, if an individual has valid claim against another person but promises to forebear the enforcement. Combe v Combe (1951) Alliance Bank v Broom (1864) It should be passed at the request of offerer. Durga Prasad v Baldeo (1880) It must move from the promisee. Dutton v Poole (1677) Tweddle v. Atkinson (1861) It must be sufficient. Thomas v Thomas (1842); Chappel v Nestle (1960). Cannot consist sol ely on sentiment value White v Bluett (1853) It must be legal that is not doing things that are immoral Wyatt v Kreglinger and Fernou (1933) Performance of existing duty that is, person carrying out duties that under general rules, they are required to do will not provide consideration. Traditional authority for rule: Collins v Godefroy (1831).  Carrying out additional duties: Glasbrook Brothers v Glasmorgan County Council (1925) Existing Contractual Duty this is where an individual has promised to do a thing already obligated to them under a contract that will not amount to a genuine consideration. (Stik v Myrick (1809) 2 Camp 317; Hartley v Ponsonby (1857); William v Roffey – if a 3rd party is owed for existing contract Duties to pay debts. This is where debts are paid in instalment. This is not a valid consideration and it is known as Pinnel’s Case. Foakes v Beer (1884) Intention to create legal relations: Parties to the agreement must intend to go into a legally binding agreement or contract. This is an intention from the two involved parties to go into a lawful and binding association. If there is no intention the agreement will be void. Intention to create legal relations could be: Commercial or business relations. Kleinwort Benson Ltd v Mining Corporation Bhd (1989), or, Social friend’s relation. Simpkins v Pays (1955) and Family or domestic relations. Balfour v Balfour (1919). Capacity: All those involved in a contract should possess legitimate ability to go into it. An individual unsafe physically, demented or a minor under the age of 18 cannot go into a binding. However, certain groups of people who have limitations such as mental health issue, drunks and minors under the age of 18. Those are the mentally ill, Minors under the age of 18 as stipulated by the Family Reform Act 1969. e.g. Chapple v Copper (1844) where a service was considered necessary but in the case of Nash v Inman (1908). Where a waistcoat was supplied to a minor would have been considered necessary but in this case it was the other way round as, purchase of the waistcoat is not necessary because the father had already provided the minor with several waistcoats. If a minor procure a luxurious thing and did not acquire because of necessity, the minor is liable and be responsible for his action. Privy of Contract means that â€Å"a contract cannot under normal situation confer rights or impose responsibilities emerging from it on any person except those involved in it. It is also known as â€Å"Rights of the third party Act 1999†. Treitel (2004) It isin also the relationship between the parties to an agreement, though there are exceptions, Q. 1.2. Face to Face (Verbal or Oral): This is â€Å"an agreement based on spoken promises, however it may be difficult to prove and it legally binding and  both parties will understand what they have agreed to and bargained in good faith†. www.ehow.com Phillip v Brooks (1919) case refers. It is case that involved a thief who falsely pretended to be Sir George Bullogh and bought jewellery under Sir Bullogh’s name with a cheque. The thief convinced the jeweller to part with the ring because his wife’s birthday was next day. The jeweller was convinced the was indeed Sir Bullogh after checking the address directory which tallies with Sir Bullogh’s address details. As soon as the rogue left, he sold the ring under the false name of Mr Frith and vanished into thin air. The claimant instituted a unilateral mistake of identity legal action. The case was affirmed that the transaction was not void for mistake because the parties transacted a face-to-face contract and in law it was assumed they dealt with the person before them and not the person they claimed to be. Written Contract: This is a written document indicating an agreement between two individuals. The parties can be human beings, organisations and businesses. All parties will have to append their signature to the contract to be legitimate. It also acts to protect both parties from breach of contract. www.wisegeek.com On-line: This is also known as Distance Selling when goods are sold to consumers void of face-to-face contact and done through Internet, e.g. Amazon.co.uk, eBay, booking vacation and on line banking. This type of transaction is governed by the Distance Selling Act 2000. Four contractual elements are contained in on-line contracts: offer, acceptance, consideration and intention. Contracts by Deed: â€Å"is a written document signed by the promisor and it must be clear be clear in the wording of the document that is intended to take effect as a deed. The must be witnessed by a third party. (Chartered Institute of Taxation 2013). The property title will not be given to the potential buyer until the final payment is made. It is also referred to as Sales Contract. Q. 1.3. Terms are the contents of contract. It is used in the civil law, to denote the space of time given to the debtor to discharge his obligation. Terms could be expressive resulting from positive stipulations of an agreement. It could be of right or of grace it is not within the agreement. Terms are of grace when it is afterwards granted by the judge at the requisition of the debtor. Contracts terms may be expressive or implied and could be classified as either: conditions, or warranties or innominate terms. www.tutor2u.net An express term is one that  has been particularly stated and agreed by both individuals at the time the contract is executed. It could be written or oral. www.tutor2u.net Implied terms are words or stipulations that a court presumes were planned to be incorporated in a contract meaning the terms are not expressively mentioned in the contract. www.elawresources.co.uk It could be: Terms implied through custom, Hutton v Warren (1836) EWHC J61; In fact. The Moorcock (1889) 14 PD 64 At Law Shell UK v Lostock Garage Limited (1976) 1 WLR 1187 There are two main types of implied term: (a)Terms implied by statue for example Sales of Goods Act 1979. There are about four key provision but I will use Section as an example that says â€Å"goods should be of ‘satisfactory quality’ meaning they should be up to standard a rational individual would consider â€Å"satisfactory† and if the purchaser says the good is being purchased for a distinct reason, there is an implied terms the products are suitable for the intended purpose. www.tutor2u/net (b) Terms implied by law courts an example is if the courts held that landlords of blocks of flat should keep the communal areas including lifts, stairs etc. in a reasonable state of repairs – so that the term was implied into the rent contract. an example case is Liverpool City Council v Irwin (1977) AC 236 HL Innominate term this when the parties involved fail to classify the commitments in the contract, the court will hold that they are unattested and apply the ex-post ‘consequence of breach test ’. The judgement given will depend on the magnitude of the breach. Case of: Hong Kong Fir Shipping v Kawasaki Kaisen Kaisha (1962) 2 QB 26 refers. Condition is a paramount term of the contract that goes deeply into the contract. For example if a proviso is contravened the guiltless party is entitled to renounce the contract and claim compensations. In the matter of Poussard v Spiers (1876) 1 QBD 410. Madame Poussard entered into contract to perform as an opera singer for three months. She was ill five days before the opening night and unable to perform for four days, held that she breached condition and that Spiers were entitled to end the contract. Warranties are minor terms of a contract which are not central to the existence of the contract. If a warranty is breached the innocent party may claim damages but cannot end the contract. Bettini v Gye (1876) QBD 183.  Trader puff is an expression of exaggeration made by a sales person or found in advertisement that concerned the goods offered for sale. It represents opinions instead of facts and is usually not considered a legally binding promise. Example of trader puff: â€Å"this is in good shape† and â€Å"your wife will love this car† Representation Term â€Å"is used in reference to any expressed or implied statement made by one of the parties to a contract in the course of negotiation to another regarding a particular fact or circumstances that influence the consummation of the deal and if not honoured the innocent party may bring an action for misrepresentation. (There are three types of misrepresentation as follows: Innocent, fraudulent and negligent misrepresentations (e-law resources) Learning Outcome – 2: Mini-case A The case above is an expressive term Bi-lateral case one involving Fiona and her uncle which involves offer and acceptance. Uncle Arnold was the offerer and Fiona the offree. The offer here was  £15,000. The main element of this case was that of acceptance. The agreement failed due to non-acceptance and time as consideration because the uncle said â€Å"fairly quickly† with a third party involved â€Å"I have already had a good offer from my colleague† so the following is to be considered when giving the verdict: Term: Offer  £15,000 and Acceptance by Fiona, Bi-lateral, both written and expressive Consideration – Time fairly quickly Third Party involved with better offer (Privity) Even though no clear straight form of acceptance occurred it is still a legal binding agreement but in this case Fiona cannot claim compensation for breach of agreement because it failed due to her delay and negligence in not responding in time. Therefore, if Fiona decides to go to court her case is not substantial enough to award her for damages. However, under vicarious liability Fiona can make a claim in court if she wishes. An example is Harvey v Facey (1893) AC 552 Privy Council. This was a case between Harvey and Facey in which correspondences were exchanged regarding sales of bumper Hall Pen asking for the sale of the property. (This was a distance offer as it was done through telegram). When Harvey asked â€Å"Will you sell us Bumper  Hall Pen?†. Facey responded â€Å"Lowest price for the Bumper Hall Pen  £900† to which Harvey responded â€Å"We agree to purchase Bumper Hall Pen for  £900 asked by you. Please forward your title deed so that we may get early possession†. Unknown to Harvey Facey was already negotiating with Kingston Council. The transaction failed and Harvey sued Facey. The issue in this case is â€Å"was that there was no clear offer† from Facey to sell the property to Harvey so the Privy Council ruled that â€Å"An offer cannot be implied by writing. It can only be concrete and sound. The appellant Harvey cannot imply that Facey made an offer when he did not† (www.casebriefsummary.com) Mini case B This is a distance, face-to face executed consideration and unilateral case involving offer of intention made by Mrs Smith open to everyone so no need for acceptance in this instance. The offer here is the reward of  £10 if her lost cat is found which did not involve transport cost. Mrs Smith refusal to David  £25 which include cost of transportation is valid and justified as payment for transportation was not included in the advert so therefore David has no case and could not claim for compensation if he goes to court. See Leonard v PepsiCo. PepsiCo placed a superfluous television advert stating â€Å"Pepsi points† if Pepsi was drank highlighting a young person arriving at school in Harriet jet and mentioned that the Harrier jet was for 7,000,000 Pepsi points. Leonard attempted to collect the Harrier jet by forwarding 15 Pepsi points accompanied with a cheque for $700,000.00 in order to obtain the Harrier jet. PepsiCo refused the delivery of the Harrier jet. Leonard lost the case because advertisement was not an offer. Mini-case C Mrs Harris, the owner of three rented houses in Extown, asks her next-door neighbour, Ted, to collect rent from the tenants for her while she is abroad on business. Ted collects the rents and when Mrs Harris returns, she says to him, â€Å"I’ll give you  £50 for your work†. Later Mrs Harris refuses to pay Ted. Here is a bi-lateral verbal, expressive offer and acceptance case between Mrs Harris and Ted. The main contract element issue here is consideration because the act has already been performed by Ted before the agreement was met. Even with no binding agreement, the ‘rule of consideration applies in this case’ because consideration can never be past or post, therefore in this case, Ted can sue Mrs Harris for consideration and breach of Contract  for his claims. For example see the case of Labriola v Pollard Group, Inc. (2004) Mini-case D The above is an offer and acceptance bi-lateral expressive written contract case between Lynx Cars Ltd and Roadstar Ltd though the agreement is not legal binding. The offeror is Lynx Cars Ltd whilst the offeree is Roadstar Ltd. The contract term as stated here are the quantity of cars (2000), time limit of five years with no financial loss incurred. Roadstar Ltd was informed in good time of just four weeks cancellation into the agreement. My verdict is that for Roadstar Ltd to make a claim the agreement must be legally binding which is missing in this case. Therefore Roadstar can withdraw from the agreement but cannot make any claims for compensation because of reasons given above. Mini-case E The above case was initially a unilateral case because it was advertised and opened to all but after the agreement was signed between Slick Cars and Paul it became Bi-lateral. The agreement was also an expressive one with contract term of conditions, warranty and trade puffs met. However if in the future something goes wrong with the car, Paul is not entitled too claims because all the sales conditions were met as of the time of purchase. Also if the car was discovered to have been stolen, Slick Cars Ltd and not Paul will be liable for prosecution. The warranty on the car includes the refund of road tax payment and an implied term of â€Å"buying a car from their hundreds of cars†. All the conditions regarding the sales of the car have been met bargain including the traders puff. My advice to Paul is to go ahead and buy the car as he has no liability regarding the car even if the car was to be a stolen one. However if the Trade puff does not represent what the advert says, or any of the condition is missing, Paul has the right to terminate the agreement his money will be refunded but will not be entitled to any compensation. However if the Trade puff defaults and Paul has evidence to support it, Paul can sue for compensation. Verdict Paul to buy the car but he should bear in mind that the warranty cannot end the contract but again, he could be compensated. Carlill v Carbolic Smoke Ball Company (1891) case refers. Mini-case F The above is a clear case of tort negligence and breach duty of care. Negligence failure on Duty of Care on both the part of the Council and the Leisure Centre. The Council’s notice was partially obscured so not visible to Jim and his wife, also the Council should have cut the overgrown shrubs failure to do this is maintenance negligence as this accident could have been prevented in addition Jim’s car damaged by the Council van is a health is an implied term and safety issue for which the Council is liable. The Leisure Centre on the other hand did not show any Duty of Care when the accident happened and therefore liable to pay for injuries and other related costs. In view of the above, it is my considered advice that Jim and his wife get compensated. See Blake v Galloway (2004) CA Q. 3.1 Tort is a civil wrong committed against an individual and originated from the Latin word tortum meaning â€Å"twisted wrong† and also conceded in court law as arguments for a legal action that can be resolved through compensations. See, e.g. Smith v. United States, 507 U.S. 197 (1993). This is a case involving the of a husband who got killed whilst working for a private firm under contract to a Federal Agency in Antarctica a region with no recognised government and without civil tort law and the wife sued The United States under the Federal Tort Claims Act (FTCA) for wrongful death in action. The case was dismissed by the District court for lack of jurisdiction because Mrs Smith’s case was stopped by FTCA’s foreign country exception policy that states that the statute’s waiver of sovereignty immunity does not apply, however, the Court of Appeals affirmed. (https://supreme.justia.com/cases/federal/us/507/179/case.html) The principal reason for tort law is ensuring compensation is given for the injuries sustained and to prevent others from committing the same harms. Inclusive of the types of injuries the injured party may recover are: loss of salaries fitness, pain hardship, and rational medical costs. These are inclusive of both present and future expected losses. Tort could be in form of trespass, assault, battery, negligence, products liability, and intentional infliction of emotional distress Torts are classified into three categories as follows: Intentional torts: These are intentional acts that are rationally and foreseeably done to injure another person. Intentional torts are unethical behaviours the defendant knew or should have known could transpire as a result of their actions or inactions, an example is to intentionally hit a person. Case of Broome v Perkins [1987] Crime LR 271 refers. The appellant was diabetic and drove in an unsafe manner whilst suffering from hypo-glycaemia, a low blood sugar level caused by an excess of insulin in the bloodstream. His claim of non-insane automatism failed because of evidence that he had exercised conscious control over his car by veering away from other vehicles so as to avoid a collision and braking. His was found guilty for driving without undue care and attention Negligent torts are the most common tort used to describe behaviour that constitute unreasonable risks to harm to a person or property or where the defendant’s actions were irrationally precarious. Vaughan v Menlove (1837) 3 Bing NC 467 in this case the defendants haystack caught fire because of poor ventilation. The defendant had been warned several times that the haystack could cause fire but he contended he had used his acumen and did not anticipate a risk of fire. The court held his logic was inadequate. He was adjudged by the standard of a reasonable man. (www.e-lawresources.co.uk) However, it pertinent to mention that not all wrongful act is a tort. In order for a tort to be constituted the following must exist: Every wrongful act is not a tort. To constitute a tort, There must be an unjustified action carried out an individual person The unjustified action must be serious in nature to have given warranted a judicial relief and Such judicial relief should be in the manner of an action for un-established injuries. Strict liability torts are when a person places another in danger in the absence of negligence because he possessed weapon, animal or product and it is not compulsory for the plaintiff to prove negligence meaning :mens rea†. http://education-portal.com See Sweet v Parsley 1970 HL This is a case involving a landlady who lets rooms to tenants however she kept a room for herself and visits once in a while to collect her letters and the rent. In her absence the house was raided by the police and cannabis found. She was  found guilty under s5 of the Dangerous Drugs Act 1965 (now replaced), of being concerned in the management of premises used for the smoking of cannabis. She appealed and claimed no understanding of the situation and could not be expected to rationally have acquired such understanding. Her conviction was revoked by The House of Lords, due to lack of proof that she purposely rented her house to be used for drug-taking, since the statute in question created a serious, or truly criminal offence, the judgement convicting her would have grave consequences for the landlady who is the defendant. Lord Reid stated that a stigma still attaches to any person convicted of a truly criminal offence, and the more serious or more disgraceful the offence the greater the stigma†. Lord Reid in furtherance pointed out that it was inappropriate to levy her for total liability for this type of wrongdoing because the people who were in charge for renting properties are not likely to have anticipated everything that their tenants were doing. It is imperative to mention that there are both similarities and differences in torts. Similarities between tort and contract laws The above two laws share the same similarities in that they are both civil wrong. In tort the injured person will claim damages with a classical example of Donoghue v Stevenson (1932) whilst in contract the injured person will sue for compensation an example is the case of Dunlop Pneumatic Tyre Co. Limited v New Garage Motor Co Limited (1915) A C 79. In both tort and contract violations monetary rewards or any payment that will atone for the losses Differences between tort and contract laws are shown in the table below: Tort Law Contract Law No relationship with the claimant, could be total stranger Claimants could be known to each other and parties to the contract Consent not necessary liability is warranted by one individual against another Consenting parties are involved Tort is punitive Contracts is positive, creative situations Tort is used to claim compensation by the injured party Contract involves two or more parties In tort damages are imposed by court or negotiated In Contract compensations are awarded as stipulated in the contractual agreement Tort law is not codified Contract law is codified Tort law safeguards right in rem available against everyone It protects rights in personam meaning against a particular person Damages are un-liquidated Damages are liquidated Source: http://www.acadmia.edu Q. 3.2 Negligence is the failure to take reasonable care or exercise the required amount of care to preventing harming others. An example is where an accident occurs that injured another person or cause damage to the car because the driver was driving erratically, the driver could be sued for negligence. http://www.thismatter.com Negligence in behaviour and duty usually have a disastrous effect on individuals and the society as whole, and in order to protect the society from these dangerous acts, legal steps are taken such as included in the elements of negligence. Consequently, elements of negligence as explained below: Duty of Care: is the statutory obligation made mandatory on every rational human being of sound mind to exercise a level of care towards an individual, as reasonably in all the situations, so as to avoid injury to other fellow human being from being or damage his or her property. An example is the celebrated case of Donoghue v Stevenson (1932) in which the claimant drank gi nger beer bought by her friend containing a dead snail causing her harm . This case brought about the â€Å"neighbour principle test† and according to Lord Atkin â€Å"Reasonable care must be taken to avoid acts or omission which one can reasonably foresee to injure one’s neighbour and this brought about the question ‘Who then in law is my neighbour?’ Neighbours are those individuals who will be closely and directly affected by one’s act† This case led to the Neighbour’s principle. Duty of care is therefore based on the relationship of different parties involved, negligent act or omission and the reasonable foreseeability of loss to that person http://.www.carewatch.blogspot.co.uk. The loss here may arise as a result of misfeasance or nonfeasance and may also cause pure  economic loss as I the case of Ultramares Corporation v Touche (1931) and psychiatrist damage or nervous shock. Case of Alcock v Chief Constable of South Yorkshire Police (1991) refers In order to establish a Care of duty, the listed bullet points below also known as the tripartite contained in negligence must be met: The element must be reasonably be foreseeable There must be a relationship between the claimant and the defendant It must be fair, just and reasonable in such environment or situation for a duty of care to be sanctioned. Example is the matter of Caparo v Dickman (1990) HL a case involving auditors certifying false account for the company. (www.sixthformlaw.info) Breach of Duty: is where the defendant fails to meet the standard of care as stipulated by law and to confirm if the defendant owed the plaintiff any moral or obligatory duty. However the defendant is not enforced to have any contractual liability with the plaintiff. The responsibility can be moral or legitimate. Example is the case of Willsher v Essex Area Health Authority (1988) 1 AC 1074 in which a premature babe was given overdose of oxygen by a junior doctor that affected the baby’s retina and made him blind. The case was affirmed as the defendant was in breach of duty (www.e-lawresource.co.uk) Psychiatric Injury: This arises from â€Å"sudden assault on the nervous system (www.lawteacher.net) and until recently was uncertain in tort of negligence. For claimants to make claims regarding psychiatric injury he or she must be able to prove that the injury was genuine. However emotions of grief or sorrow are not enough to cause psychiatric injury Hinz v Berry (1970) 2 QB 40 The Hinz family went out for a day trip when a jaguar driven by Berry ran into the Hinz’s car killing the Mr Hinz and injuring the children. Mrs Hinz witnessed the incident and became depressed but her claim was rejected by the Court of Appeal. Factual Causation: This is the process where it must be proved reasonably in the law that the defendants action led to damage. This in some cases, applying â€Å"but for† test in most cases resolve the disputed tort’s law cases but if it was proved, the fact must go hand in hand with the other elements, in order to make the case valid and if established, then the defendant is said to be liable to damages. The case of Barnet v Chelsea Kensington Hospital Management Committee (1969) in which a Mr Barnett went to hospital and complained of stomach pains and vomiting, he was attended to by a nurse who  informed the doctor on duty. The doctor told the nurse to send him home and visit his GP in the morning. Mr Barnet passed away five hours later due to arsenic poisoning. Even if the doctor had examined Mr Barnett at the time he visited the hospital there was nothing he could have done to save him. The hospital was found not liable but this case introduced the â€Å"but for† test that is, the hospital was not negligent for the death of Mr Barnett. Bermingham. (2005). However, there is no need to prove negligence has a certain pattern or order. The elements are principally the determining rules in assessing whether a certain case is a case of negligence or not. Damages: This is the sum of money a plaintiff gets awarded in a lawsuit. There are various types of damages such as: Special damages: caused by the injury received inclusive of medical and hospital bills, ambulance charges, loss of wages, property repair or replacement costs or loss of money due on a contract. General damages: is a result of the other partys actions, however, they are subjective both in nature and in determining the value of damages. These include pain and suffering, future problems and crippling effect of an injury, loss of ability to perform various acts, shortening of life span, mental anguish, and loss of companionship, loss of reputation in a libel suit, humiliation from scars, loss of anticipated business and other harm. Exemplary (Punitive) damages: This is the combination of punishment and the setting of public example. Exemplary damages may be awarded when the defendant acted in a malicious, violent, oppressive, fraudulent, wanton or grossly reckless way in causing the special and general damages to the plaintiff. On occasion punitive damages can be greater than the actual damages, for example, in a sexual harassment case or fraudulent schemes, though these damages are often requested for, they are rarely granted. Nominal damages: These are damages awarded when the actual harm is minor and an award is necessitated under the circumstances. The most famous case was when Winston Churchill was awarded a shilling (about 25 cents) against author Louis Adamic, who wrote that the British Prime Minister had been drunk at a dinner at the White House. The Times. (1947) Liquidated damages are damages pre-set by the parties in a contract to be awarded in case one party defaults as in breach of contract. The case of Dunlop Pneumatic Tyre Company v New Garage Motor co (1915) AC 70 refers. Defences for  Negligence: This is where the defendant tries to introduce evidence that he did not cause the plaintiff’s damage or injury. (www.injury.findlaw.com) There are several defences obtainable to negligence claims such as: Violenti non fit injuria: This is a Latin phrase which means â€Å"for a willing person, there is no harm† and used in civil cases as a defence especially when the claimant voluntarily assented to start legal risk of harm at his own peril. In the case of: Smith v Baker (1891) AC 325. The plaintiff was employed by the defendants on a railway construction site and during the course of his work rocks were moved over his head by a crane. It was known to both the plaintiff and his employers that there a risk possibility of a stone falling on him and had earlier complained to his employer about the risk A stone fell and injured him and he sued his employers for negligence. His employer pleaded violenti non fit injuria and declined by the court because although the plaintiff knew about the risk and continued to work but no evidence shown that he voluntarily undertook to run the risk of injury, but his continuance to work did not indicate volens (his consent). Contributory negligence: This defence applies where the damage suffered by was caused partly both by the claimant and the defendant. Here the defendant must prove that the claimant failed to take reasonable care for his own safety and this caused the damage. This was enacted in the Law Reform Contributory Negligence Act 1945 according to Cracknell (2001) that (1) â€Å"Where any person suffers damage as the result is partly of his own fault and partly of the fault of any other person or persons, a claim in respect in respect of the damage shall not be defeated by by reasons of the fault of the person suffering the damage, but the damages recoverable in respect thereof shall be reduced to such exte nt as the court thinks just and equitable having regard to the claimant’s share in the responsibility of the damage† so, if contributory negligence is confirmed the claimant would be awarded the cost proportional to his own fault of the damage. For example if the claimant was entitled to  £20,000.00 (Twenty thousand Pounds and he was responsible for 25 per cent of the damage, the claimant would be awarded  £15,000.00 (Fifteen thousand Pounds only). However, sometimes contributory negligence operates in complete defence as in Common law where the court found the claimant to be partially blame for their injuries they might receive nothing. In the case of Butterfield v Forrester (1809) 11 East 60  the plaintiff was injured when rode his horse erratically and ran into a post obstruction negligently left on the road by the defendant near his house with the intentions of carrying out repairs. A witness confirmed the plaintiff (Butterfield) was riding dangerously and could not avoid the post. The witness further testified that if the plaintiff was not riding dangerously he would have seen the post and the accident would have been avoided. The plaintiff was found guilty of contributory negligence and received nothing. Froom v Butcher (1976) QB 286. The driver of a car did not use the safety belt and was seriously injured in the accident with the defendant’s car as a result of the defendant’s negligence. The injuries sustained by the driver would not have been that serious if he wore the seat belt. His damages were reduced by 20 per cent by the Court of Appeal. This accident resulted in the introduction of not wearing safety belt as a criminal offence. Statutory or Common Law Justification: In certain situation a person may have a worthy defence to a tort action if he has valid evidence that his actions are covered by statutory rule and applicable law or legislation. A good example is the Police and Criminal Evidence Act 1968 distinctly setting out the power of Police to arrest, stop and search and entry. If these powers are used fairly and responsibly, the Act will yield a good defence to a tort action. Self-defence might possibly be a good justification in common law for tortious actions as in the case of R v Gladstone Williams (1984) 78 Cr. App. R. 276. Ex turpli causa non oritur actio (Illegality) : This is coined from Latin to mean â€Å"of an illegal act there can be no lawsuit† (www.legal-glossary.com) In the case of Vellino v Chief Constable of Greater Manchester (2002) 1 WLR 218 Court of Appeal Vellino was a regular offender with history of convictions. He was arrested and as usual tried to jump from the second floor window and got himself injured seriously. The Police were aware of his several attempts in the past and knew this to be dangerous but did nothing to stop him from escaping. In his attempt to escape from the second floor he injured himself and suffered fractured skull resulting in brain damage and quadriplegia also known as tetraplegia, a paralysis caused by the injury he sustained making completely dependent on people for support. Vellino sued the Police and claimed they owe him duty of care to prevent him from injuring himself which the Police denied and in their defence raised ex ‘turpi causa’ that it was a criminal  offence for an arrested person to attempt to escape. The claimant’s appeal was dismissed. Consent: Is a full defence raised in civil cases especially when a defendant is sued for civil litigation for committing an intentional tort. . It is also referred to as assumption of risk and it plays an important role in law. In common law consent is regarded as a necessary ingredient for creating a binding contractual bargain. In addition Consent is very closely linked with â€Å"volenti non fit injuria†. Below are the types of Consent: Express Consent: Is when the defendant agreed to willingly submit to plaintiff’s action. For example, Tom willingly takes part in a tackle football game and Henry tackled Tom, Tom suffers a knee injury. Henry is not liable because Tom obviously consented by agreeing to take part in the game. Implied Consent: is deduced from plaintiff’s conduct. (O’Brien v Cunard S. S. Co., 28 N. E. 266 (1891) Plaintiff was a passenger abroad on one of the Defendant’s ships. She was vaccinated whilst on the ship and suffered complication resulting in injury. She sued for assault and injury. Her case was dismissed on the grounds that she did not object when the defendant’s doctor indicated he wants to vaccinate her. Informed Consent: This is an individual’s agreement to allow something to occur made with full knowledge of the risks involved and other options to his chosen course of action. However, consent by the plaintiff does not authorise the defendant to do whatever he wishes to the plaintiff because of the contact that the defendant made with the plaintiff should not go beyond what the plaintiff consented to. For example, if I visited my Dentist to remove a rotten tooth and in the process he noticed a tumour and removed it without my consent. I could sue my GP for assault and injury because I did not consent to him to remove the tumour I only consented to him to remove my rotten tooth. (1) Consent will be void if it is obtained by trickery or by fraudulent means. Bartell v. State 82 N.W. 142 (Wis. 1900). Case refers. (2) Consent will be void if it is given under duress or threats of physical force. (3) Consent will also be void if it was given as a result of a mistake and the mistake was (a) Caused by the defendant, or (b) The defendant was aware of the mistake and he did not alert the plaintiff. Necessity: It is an affirmative defence that is raised when a tortious act is committed by an individual, for the prevention of greater harm or injury from occurring to the community, defendant or defendant’s property. Regina v Dudley Stephen (1884) 14 QBD 273 DC. In this case, Dudley and Stephen the defendants and Brooms were ship wrecked with Parker, a fellow young seaman. They have been without food and water for almost three weeks. The defendants killed Parker to provide food for themselves to save them from starvation but Brooms dissented. They were found guilty of murder (www.casebriefs.com) Q. 3.3 Vicarious liability is â€Å"one which on one individual as a result of an action of another†. Rutherford and Bone. (1993). For example, is the liability of an employer for the acts and omission of his employees. It can be regarded as strict liability due to the defendant not being at fault. The most popular vicarious liability is when the employee otherwise the ‘tortfeasor’ commits a tort while in his employer’s employment, the employer is held liable and this due to the doctrine of ‘respondeat superior’ a Latin phrase meaning ‘let the master answer’ . For a court to establish if an employee acted whilst in employment the following must be confirmed if: Did the action happen whilst the employee is at work and during working hours? Did the employer employ the employer when the incident occurred? Was the injury due to the actions of the employee in the role the employed was hired? Example is the case of Mattis v Pollock (t/a Flaming o’s Nightclub) (2003) EWCA Civ 887 The bouncer was employed by Flamingo night club and in the course of performing his duty he got into a fight with one the customers and stabbed the customer. His employer were held liable for the injuries caused to the customer. Other case example is Other was in which a business can be liable in vicarious manner is when the employee acted in an unauthorised ways whilst performing the contractual duties, or when the employee acted against his employer’s instruction, or if the employee commits fraud and  acted against his work boundaries. In all the above, the employer is still liable vicariously. Examples of different cases are enumerated below: In the case of Century Insurance Co. Road Transport Board (1942) AC 509 HL and Limpus v. London General Omnibus Co (1862). The driver o a petrol tanker was in employment whilst transferring petrol into and underground storage tank. He struck a match to light a cigarette resulted in explosion that caused a lot of damage. It was held negligent the driver was negligent in carrying out his duties and his employer was found negligent. Limpus v. London General Omnibus Co. (1862) in this case th e driver was speeding to collect passengers and purposely obstructed the driver of a rival company and overturned the latter’s bus despite that the bus driver had been warned strictly not to cause obstruction. His employer LGOC was found liable Employee committing a fraud whilst in employment is illustrated in the case of Lloyd v Grace, Smith and Co. 1912 in this case the plaintiff wants to sell some cottages and went to the solicitors. The managing clerk of Lloyd conned the plaintiff to transfer the cottages to him and embezzled part of the mortgage money. Lloyd was sued by the employee and they were found liable for the fraud committed by the clerk even though it was only the clerk who benefited from the fraud. Control Test: The control test was the original test that has its origin in master and servant law and it also explore who has dominance over the way work is carried out the work. This test was applied in Mersey dock and Harbour Boards v Coggins and Griffiths Ltd (1946) Mersey Dock was in charge of training and for providing crane operator to organizations. Mersey contracted one of his operators to Stevedore Company and caused injuries through his negligent in operating of the cra ne. Mersey Dock was found liable as it was assumed the crane operator was in their employment as a contractor. Finally, the Employee’s criminal behaviour is one of the positive factors of how a business can be vicariously liable because if whilst in employment commits any criminal action his employer is liable vicariously the case of Heasemans v Clarity Cleaning (1987) Court of Appeal where the defendant employed an office cleaner who in the course of her duty used the plaintiff’s telephone for international calls. The appeal of the contactor was successful as it was held that was not vicariously liable for his employee’s act Health and Safety Act 1974: It is also referred to as HSWA or HASAWA is the main piece  of law or legislation that covers occupational health and safety at work and gives wide-ranging duties on employers to ensure in a reasonable practical manner the health, safety and welfare at work of all employees, likewise it also expect some degree of responsibilities from employees. Source: (http://www.hse.gov.uk/legislation/hswa.htm) The main purpose of this Act is to ensure: The security, of health and safety as well as the welfare of individuals at work To protect individuals against risk to health and or safety in relations to the activities of individuals at work To control and prevent the use of illegally acquired of hazardous dangerous substances. Employers’ responsibilities include: To provide and maintain safety equipment and safe systems at work. To ensure hazardous materials used are properly stored, handled, utilised and transported safely To provide supervision, instruction, information, training at work for employees To ensure the control of certain emission into air To provide a safe working environment To provide a written safety policy/risk assessment for employees Look after the health and safety of others such as the members of public. On the other hand, the employees’ responsibilities include: Taking care of their own health and safety and that of others, failure to do this makes the employees liable Must avoid interfering with things provided by the employer in the interest of health and safety Must cooperate with their employers Source: (http://www.slideshare.net/ManojRNair/work-based-learning-health-and-safety-act-1974) Finally, it is worth mentioning that there are other several relevant legislations amongst which are: Management of Health and Safety at Work Regulations 1999 Fatal Accident Act 1976 Limitation Act 1980 Law Reform (Contributory Negligence) Act 1945 Employers’ Liability (Compulsory Insurance) Act 1969 Employers’ Liability (Defective Equipment) 1969 Civil Procedures Rules (as amended by the Woolf reforms) Sources: (www.leeds.ac.uk) In conclusion the above report has critically and chronically been done and analysed to reflect on all the relevant issues affecting Aspects of Contracts and Negligence. 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