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

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.

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

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.

History of Psychology-John Locke and John Mill Essay Example for Free

History of Psychology-John Locke and John Mill Essay Psychology as a recognized science is a fairly new revelation, falling into favoritism only within the past century. Philosophy bears the roots of psychology, and philosophers have been pondering the inner workings of the mind and body for many centuries before psychology came in to favor. One of the key philosophers crucial in the development of psychology in to a formal discipline was Descartes. Their writings influenced more modern Western philosophers such as John Locke and John Mill. From this point, psychology grew into the science it is now recognized as. The Philosophers The 17th century is the cornerstone of philosophy evolving into psychology. Rene Descartes (1596-1650) is often considered to be the inspiration for and credited to be the father of our modern philosophy, and psychology. He is most famously quoted for â€Å"I think, therefore I am† (Descartes, 2006). A human’s ability to reason is the only to find truth. Descartes would also not accept anything to be truth unless there was no discernable reason for doubt. â€Å"The only way to get to the certainty of truth is to arrive at oneself, relying on the clear use of one’s own reasoning powers† (Goodwin, 2008, p.33). Disenchanted with the philosophy he was taught, Descartes found nothing in his learning that could not be left to question. He was said to only believe as truth what could not be doubted and Descartes pursued to find the knowledge he could find within himself (Goodwin, 2008). Descartes was a rationalist and dualist, making him firm believer in the mind and body being two completely separate entities. His beliefs on this are debatable in philosophy and psychology and have been so in the centuries following his life. Philosophers and psychologists to this day are still trying to find the connection between the mind and the body. Western Influences John Locke John Locke was a 17th century British philosopher who is credited with being the founder of Empiricism, the idea that our experiences are our only true source of knowledge. Locke’s view on the formation of ideas was sensation and reflection is the only foundation on which we form ideas. He believed we acquired all of our knowledge form our experiences in the world and in life. Locke compared the human mind to a sheet of white paper. Over the course of life, all of our experiences are recorded upon this paper, our sensations. These sensations can later be recalled, in reflection, to add to new sensations and to acquire new compounded knowledge. John Mill John Mill is considered to be the most important contributor during the British Empirical movement. His contribution stated all knowledge is attained through experience and inborn ideas do not exist. Mill also believed a man should be able to do anything desired as long as the actions do not harm or hurt fellow man in the process. This also affected his views on the necessity of government. â€Å"The only purpose for which power can be rightfully exercised over any member of a civilized community against his will is to prevent harm to others. His own good, either physical or moral, is not a sufficient warrant. † (Mill, 2008). Mill found the government to only be necessary for the protection of the people in defense of a war, safety against violence, and to prevent cheating or fraud. Modern Psychology The evolution of philosophy into the science of psychology rapidly took shape in the 19th century. The world was also rapidly changing; the Industrial Revolution created new technologies to help in the advancement of many facets of science. Moving into the next century, advances in the knowledge in anatomy and of the brain further assisted the progress of psychology being a science. Robert Watson was crucial in the study of the history of psychology. Founding a new division of the American Psychological Association, he encourages a study of the history of psychology. As a result, nearly all psychology programs today require a course in psychology’s history. (Goodwin, 2008) Conclusion. Psychology as the science we recognize today is barely more than a century in the making. When following the links to the past and the minds that have gotten us to where we are in psychology today, much it to be learned. From modern medicine and science all the way back to ancient philosophers, psychology is a longstanding and diverse study. References Descartes, Rene (2006). A discourse on method/ by Rene Descartes [Kindle DX version]. Retrieved from Amazon. com Goodwin, C. J. (2008). A history of modern psychology [3rd ed. ]. Mill, John S. (2008). On liberty/ by John Stuart Mill [Kindle DX version]. Retrieved from Amazon. com.

Is College Degree Essential Essay Example for Free

Is College Degree Essential Essay Is college degree really worth all the money spent and the effort put in it? Right now in our socirty a college education is no longer a option or a privilege. Without a college degree, you might as well becomes a homeless because if you don’t have a college degree you really aren’t anybody in this society.With a college degree, you get a good job, people give you more respect and you broraden up your knowledge. To me a college degree is essential for my future in order to be successful. First reason, college degree is essential is that it will lead me to get a really good job in the future. Being a college student perhaps more respectable role than being a janitor, lunch lady or a cook in a restaurant. When people know you as a college graduate, they give you more respect than just any ordinary person. With a college degree you get nice well-paying careers where you don’t have to break your neck and working your body to death. Even my parents motivate me more to stay in college because I don’t want to grow up and do the job that they doing now. Second reason why college is important is you gain respectful from people. For example my older brother who is a college graduate from Northwestern university gets more respect from all my family members and outsiders too. They look at him as not any ordinary person, but as a person who has accomplished a major goal that not everybody who starts finish. I know I will hain the same respect from people once I get my college degree. A degree is not just any other paper. It’s a special dcosument that will lead me to the right places in the future. It’s not good to be labeled as a college dropout or high school dropout. I would rather be preferred to be labeled as a college graduate not drop out. Another reason why college is essential is not only leading you to a good job, but also it prepares you with academic knowledge about the around you.  Most people are irerlate and don’t even know much about the world they live in due to the fact they didn’t finish high school or go to college. Most people excuse for not going to college is money. Yes that’s true but, there are so many resources out there to help you get into college if you’re willing to go. The way things are going now, the only way to make it through is by getting a college degree. Even with some simple jobs out there, you need some sort of degree in order to be hired. College degree is really essential for my future because I want to make a difference and help out my family in Ghana who didn’t have the same opportunity as me to go to college. Most teens out there take education for granted and don’t care much about it. In conclusion having a college degree is for your own benefit. It will lead you to many grate places in the career industry. Yes is a lot of money and work but it’s really worth it. I know that in four years from now I will be really happy that I went to college and didn’t play around with it. Nobody can ever take your education from you it’s your god given rights.

foolear The Fools in William Shakespeares King Lear :: King Lear essays

The Fools in King Lear      Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   William Shakespeare's play King Lear tells the tale of the main character who divides his kingdom between his older daughters, Goeneril and Regan, and disinherits his youngest daughter, Cordelia. The action leads to civil strife, his insanity, and his ultimate death. King Lear can be viewed as a great illustration about the struggle between good and evil. Perhaps better than any of Shakespeare's other tragedies, King Lear displays the concept of evil most strongly.      Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   It is believed that King Lear is an expansion of a British legend. The legend is as follows: Lear, King of Britain decided in his old age to divide his kingdom among his three daughters based on their expressions of love for him. His two eldest daughters overwhelmed their father with expressions of love, but the youngest told her father that she loved her father as a daughter should. Enraged at his youngest daughter's reply, Lear drove her into exile and divided the kingdom between his two eldest daughters. However, his two eldest daughters infuriated him with their cruel treatment thereafter. Hence, the king went in search of his youngest daughter. His youngest daughter had married the king of France while she was gone. His youngest daughter returned with him two Britain and helped him to regain hi throne.      Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Shakespeare utilized this British legend to create what is arguably one of the greatest tragedies of all time. Shakespeare took this British legend and conceptualized it to fit his audience. Shakespeare added the character of the Fool as a tool in better understanding Lear. The Fool exists as a metaphorical device in the King's path to better understanding himself. The Fool's bitter jests ultimately show King Lear the folly of his action. King Lear's madness and the Fool's wit and insight illustrate the theme of the play. The theme being man's inhumanity to man in the form of ingratitude.      Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Shakespeare gives the most unlikely character, The Fool, the greatest amount of wisdom and insight. This device works well because The Fool is a peripheral character, as such, he acts as a sought of narrator pointing out the foolishness and folly going on around him. Shakespeare uses The Fool to be a commentator on the action of the play as well as a character in the play.      Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Shakespeare uses The Fool to provide comic relief through the play as well. The Fool's role as entertainment for the king allows him to influence the king. It is believed that in the tradition of Elizabethan tragedy that the fool acts as the instructor to the king.