Wednesday, February 26, 2020

Restriction of Liability Using the Floodgates Argument Essay

Restriction of Liability Using the Floodgates Argument - Essay Example For instance, Lord Atkin presented a neighbor principle. This principle defined that a duty of care should be addressed to neighbors, while the neighbors are the people that might suffer from our actions or errors. However, this description appeared to be too uncertain, and a number of cases where duty of care was regarded as to be owed, increased rapidly. Later, Lord Bridge added three elements that should be observed before making statement: This addition helped much in judges' experience, but the content of these three elements depends upon the kind of injury that was caused to the claimant. There are 3 kinds of injury: physical harm, psychological injury and economic loss. The situation with the laws in relation to psychological damage has significantly changed during last hundred years. At first, similar cases were rejected by the courts: "One of the earliest reported cases on "nervous shock", as it was then called, was that of Victorian Railway Commissioners v. Coultas. 3. As a result of the negligence of a level-crossing gatekeeper, a train narrowly missed hitting the plaintiff. This incident caused the plaintiff to suffer shock. The Privy Council rejected the claim stating, inter alia, that to allow recovery would result in " a wide field [being] opened for imaginary claims." (2) According to the law, before appealing with a complaint for nervous shock, the victim should prove the following items: 1. That he or she experienced a definite psychological illness. "Psychiatric injury can therefore include: clinical depression, personality changes and post-traumatic stress disorder (an illness in which shocking events cause symptoms such as sleeping difficulty, tension, horrifying flashbacks and severe depression)."(6) A definite diagnosis should prove the statement. In case the person is just disappointed or upset, the case won't be regarded as the case of psychological injury. 2. It is necessary to find out whether the injury is the result of defendant's omissions or actions. In this case the negligence of the defendant must be evident. It is also important to observe if it was possible to foresee the damage. If the above mentioned item is proved and it is established that the defendant didn't execute his duty of care towards the victim, then the usual laws that are related to the breach of duty can be implemented. 3. It is necessary to define whether the claimant is a primary or secondary victim As far as the cases of psychological injury are concerned, there are some questions that are to be solved. The

Tuesday, February 25, 2020

Elephants, Economics and Ivory Essay Example | Topics and Well Written Essays - 4750 words

Elephants, Economics and Ivory - Essay Example 1) In the external environment of the not for profit industry, identify and critically analyze the dimensions of complexity which impact upon the management of people and organizations using appropriate MPO concepts. What are the implications of these key factors for organizations in the sector? Â  In considering the complex interrelationships of factors impacting the not for profit industry it is important to first consider the inherent conflict of conserving natural resources within a trade orientated international environment. It is submitted that this, in turn, requires a PEST analysis to critically evaluate the key external actors and triggers in people management and not for profit organizations. It is further submitted that the PEST analysis helps best understand the key factors for organizations in the sector. Â  The PEST analysis acronym means the political, economic, social and technological issues that could affect the strategic and operational development of a business, which in turn has a concomitant impact on people management. Moreover, identifying central PEST influences is an extremely useful exercise in summarising the external environment within which a business operates to provide recommendations as to how a business should respond to these influences (Worthington et al, 2005). Â  In general terms, the political dimension will consider the environmental regulation and legal mechanisms in place for enforcement of the not for profit industry’s goals in the relevant sector.

Monday, February 10, 2020

Artifacts in vancouver Essay Example | Topics and Well Written Essays - 500 words

Artifacts in vancouver - Essay Example Judging from the detail of the engravings, it is more plausible that this was deliberate. Further, the dried leaves from the actual tree have a different shape and size from the prints on the ground. This artifact shows a juxtaposition of something coming from nature and something that is man-made aimed as a tribute to the former. A tree that stands firm in a place where concrete and cement is the more common sight. By looking down, one sees someone’s efforts to draw a connection between what stands above and what is happening below. It serves as a reminder that nature remains the more tangible representation of beauty that man can only emulate. Quite possibly, a person who walks straight ahead will most likely fail to notice the tree. But upon seeing the marks, it will grab his attention to give a second look to nature’s divine creation. This artifact indicates that Vancouver a city where nature is still a part of its surroundings. Trees still firmly stand on pavements and one only has to stop to notice its radiance, no matter the season, much like what Bronthe spoke of. In a Huffington Post article entitled â€Å"Banksy Shares Vancouver Street Artist’s Work,† it talks about how the famous graffiti artist Banksy recognized the work of a Vancouver Graffiti artist known only as IHeart by sharing it in social media. This shows how graffiti is valued as an art form in Vancouver. In this artifact is a graffiti located in the outer walls of Red Card (Sports Bar + Eatery). The multitude of colors livened up the area even though it is mainly only an obscure part of the building. The lively colors emphasize the vibrant culture of the city. The details painted on the wall are interesting and captivating to anyone who happens to see it. Characteristic of graffiti art, there are no accurate words or coherent shapes within this artifact. Individually, the shapes

Saturday, February 8, 2020

Is the USA Trying to Seek Control on China Research Paper - 1

Is the USA Trying to Seek Control on China - Research Paper Example Barack Obama has recently suggested that they are trying their best to pull out their manufacturing process from China in an attempt to dent their economy. Moving on, in the second statement made in this research paper, it is a known fact that china has been trying to influence markets outside Asia to come and invest in their country. USA has been trying to contain the influx of FDI from their country towards China in order to manage the currency of China. â€Å"US interest in Asia revolves around containing China and the growth of the SCO, and securing under its economic sphere of influence, the most populous region in the world. Asia is home to 4.14 billion people or 59 percent of the world’s population.† USA has been putting its efforts to further exercise control on the military might of the Chinese. The important factor here to note that is the fact that USA wants to build a strong far east base to counter any future attacks by China over the USA, since the Chinese missiles are capable of destroying the majority of the major cities of the USA. Moving onto the fourth point, the USA is seeking China as a major economic threat, which plans to control and maximize the potential available to them in order to take away all the major jobs from the citizens of the USA. The economy of the USA is at a current downfall, while the economy of China is on the rising. One of the primary reasons behind this is the fact that China is deploying majority of its jobs into fields, which are hurting the European, and the American consortium. Moving onto the next important aspect of the attempts made by the USA to curb the growth of China has been the attempts to immobilize the workers of China settled in the USA who are continuously sending in Foreign Direct Investment in their home country of China as a mark of improving the economy of China. It is imperative to understand that Chinese settled in abroad have the highest grossing number of FDI influx to their home country. USA’s retaliation to the same has been its attempts to devalue the currency of China, however, this has been happening at a very subtle pace.