Tort Law Essay Example | Topics and Well Written Essays - 1500 words

Tort Law - Essay Example In this case the appellant had suffered damage as a result of a snail in her ginger beer bottle and she brought a claim against the manufacturer for damages. It was held in this case that even though the appellant had not bought the ginger beer and therefore had no rights under the law of contract, she could successfully pursue a claim against the manufacturer in the law of tort. Lord Atkin asserted that a manufacturer owed a legal duty of care to the ultimate consumer of his product. In discussing duty of care as a legal concept, Lord Atkin established the â€Å"neighbour† principle†2. Lord Atkins went on to define the term â€Å"neighbour† in the legal sense as being â€Å"persons who are so closely and directly affected by my act that I ought to reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called into question.3† All the same, there are limitations to the application of duty of care principle. For instance, in the case of Dorset Yacht Co Limited v Home Office4 Lord Reid opined that â€Å"Donoghue v Stevenson may be a milestone†¦but it is not to be treated as if it were a statutory definition. It will require qualification in certain circumstances†5. The development of a test for establishing a legal duty of care in tort has been gradual. In Caparo v Dickman6, the House of Lords specified a three stage test to determine the absence or existence of a duty of care. The different states in this test are first, whether the consequences of the defendant’s actions were reasonably foreseeable. Second, whether there was sufficient proximity to impose a duty of care; and lastly, whether it is fair, just and reasonable to impose a duty of care. In applying this test to the appellant’s position, it must first and foremost be established, whether the respondent could have been

Disaster Aids Essay Example | Topics and Well Written Essays - 1000 words

Disaster Aids - Essay Example The report also gives a deep insight into the steps that citizens or entire communities can take in order to lessen disasters’ impact on homes as well as businesses (FEMA, 2003). The most recent disaster to strike America was super storm Sandy, with New York and its surrounding territories suffering the storm’s impact hardest. When the storm waters gradually rose inland, power lines got exposed causing the city to suffer from widespread blackouts, which were accompanied by massive looting of valuables. Buildings were structurally damaged, hence floating debris presented significant safety hazards. Principal transportation routes, particularly the subway, were also adversely affected, thus, inhibiting the movement of residents from one place to another. The most significant damage was, however, of houses and business structures. The Federal Emergency Management Agency (FEMA) came to help the residents by providing housing finances. By the end of 2012, this aid had amount ed to $664 million (FEMA, 2003). While the latter is a substantial amount, there are numerous complaints from residents about the rejection of housing help applications, despite the sufficient proof that they had suffered the immense damage to the extent of being homeless. Rather than reviewing compensation cases via application letters only, FEMA should have sent agents to assess the damage incurred by applicants, thus ensuring that they got sufficient recompense and that critical cases were prioritized. Other than storms or hurricanes, there are several disasters that may have a huge impact on the society. These include floods, fires, severe disease outbreaks, leakage of hazardous materials, and terrorist attacks among others. The first response to such incidents would be from relevant local government agencies such as the local fire department, hazardous materials (HAZMAT) teams, and organized teams of paramedics or medical personnel among others. The other category of responders comes from the state or federal level and includes agencies like FEMA. Finally, non-governmental agencies like Red Cross, World Vision, and the Salvation Army may offer their aid to the affected (FEMA, 2003). Even though the federal government plays a significant role in ensuring that disaster victims cope effectively with their affliction, there are numerous myths associated with the federal assistance. For instance, some people assume that the federal government is entirely responsible for the recovery from disasters, yet local government agencies should primarily help the affected to recover. Others uphold the misconception that assistance provided by the federal government is meant to fix all the things. It is imperative to note that the financial aid provided is exclusively to the stipulated purpose. For instance, if money is given for housing then it must be explicitly utilized to repair house damages or acquire an alternative accommodation. Another common misconception is th at each person affected by the disaster must receive the federal aid, whereas the truth is that only the most affected get assistance based on findings of the legibility analysis. For me

Nagarjuna's Concept of Emptiness versus Buddhist Philosophical Essay

Nagarjuna's Concept of Emptiness versus Buddhist Philosophical Teaching - Essay Example The beliefs of emptiness is not just an ultimate error but the foundation for attachments that humans have, besides this, it is responsible for the adhering to and development of numerous prejudices. On the other hand, Buddhist philosophical teaching has narrations which are a style of representing a topic and not its theme; this is the core of Buddhist art. The representation becomes a narrative when its representation unfolds as a chain of events or at times it becomes a story that consists of various episodes; the representation revolves around an action that progress into time and later into space. Nagarjuna's concept of emptiness has the notion of intrinsic and independent existence that is often incompatible with causation because causation signifies contingency and dependence; therefore, something that poses independence is usually immutable and self-enclosed. Everything is composed of events that are dependently related and have phenomena that are continuous interacting with an essence that is not fixed or immutable hence they have a relation that is constantly changing. Both occasions and possessions are bare and do not possess permanent essence, realities that are intrinsic or an absolute being that make them afford impartiality. Infirmity takes place when there is grasping of autonomous existence; this eventually leads to a series of actions that are destructive, sufferings, and reactions. In addition to this, the theory of Nagarjuna emptiness has profound ethical and psychological implications (Olson, 45). For instance, ideologies responsible for dividing humanity come from the tendency of people to perceive things to be inherently divided and disconnected; this misconception brings about the belief that the divisions are essentially independent and self-existent. On the other hand, Buddhism narration involved ancient classics and the story and all related action unfolds out of disclosure; they often evolve from a chain of stories that are not linke d together. Discourse and introduction of the story initiates moral in the story and supports it, same applies to the other story and the other except for the case of visual narration which is somewhat different. In visual narration, moral is deducted but does not come at the beginning of the narration; likewise, it has the discourse technique but it is not on the ground to take off. The narrator is required to be precise when selecting episodes that are able to reveal the whole story; moreover, the narrator has to know how to portray actors, represent spaces in the story and shape the time during which the story unfolds (Edelglass, 602). Literary narratives have stories that manipulate time and space; for instance, in a sentence that talks about two people who met in France after five years and they both had grown beards has time and space appearing in the narrative body. It is said that in one of his first sermons, the Buddha made a prescription of a middle path between the charac ters of self indulgence and self mortification, stating that there had to be a balance between the two. Nagarjuna, who came in a later period, made a citation of the same but while this was the case, he went even further by stating that there was a middle way between existence and non-existence and also between what is permanent and what is not. According to this philosopher, the development of ignorance among individuals tends to be the source of all the suffering that they

Schizophrenia Essay Example | Topics and Well Written Essays - 1250 words

Schizophrenia - Essay Example This difference in levels of cognition in various patients led to more research into other underlying pathologic pathways responsible for severe cognitive impairment in NPI patients but was apparently working fine in patients on NPNN category. Brain morphometry was used to analyze differences. Both groups were tested against each other on the basis of four tests to asses the attention and working memory (verbal and nonverbal) and were confirmed by California verbal learning test and degraded stimulus continuous performance test. The standard deviation within 0.5 was the cut off for near normal cognition whereas 1 standard deviation below normal rendered the patient cognitively impaired. They gray matter was found to be smaller in both the groups along with larger third ventricle. An additional pathology found in NPI was that along with the gray matter, their white matter was also decreased in volume. The lateral ventricle cavity was also enlarged. Whitford et al (2007) further invest igated the white matter abnormalities in schizophrenics and also studied whether the degenerative changes are progressive. T1 weighted magnetic resonance images (MRI) of 41 first- episode schizophrenics were compared against those of 47 normal comparable people for baseline volume of white matter using voxel-based morphometry in statistical parametric mapping- 2 (SPM2). The schizophrenics had decreased volume of white matter in frontal and temporal lobes. However there was an increase in white matter at frontoparietal junctions on both sides. The longitudinal changes at follow up after 2 to 3 years were compared using tensor based morphometry which showed decreased white matter bilaterally in middle and inferior temporal cortices of schizophrenics. The neural connection abnormalities were attributed to this progressive loss of white matter. The structural brain abnormalities at the time of first psychotic episode were studied by Fannon et al (2000) whose research involved 37 patient s going through their first episode of psychosis. T1 weighted steady brain scans of 1.5 mm contiguous sections were obtained and volumetric brain measurements were taken. The patients were found to have structural deviations and there was generalized reduction in brain volume, along with enlarged third and lateral ventricles. Cortical and temporal gray matter was found to be decreased. Schizophrenia is a chronic progressive mental disorder. It is associated with cognitive impairment and worsening interpersonal skills. The attacks are accompanied by hallucinations and delusions. Person feels that he is hearing different sorts of voices and has false beliefs and perceptions. There is extreme emotional instability and the patient may suffer from depression or social isolation. Cognitive decline involves memory impairment, decreased ability to pay attention and difficulty in functional execution of activities. The abnormalities are attributed to abnormal distribution and ratios of gray and white matter in the brain. Apart from that, increase in size of ventricular cavities as well as generalized reduction in brain volume also adds to affect the typical schizophrenic picture. The result is alterations in various brain functions owing to

Disruptive Innovation Essay Example | Topics and Well Written Essays - 4000 words

Disruptive Innovation - Essay Example The new entrants come up with new innovative hard disks that could not be used by the customers because of little raw performance. The innovations that leads to something unique and move out of the traditional market, making it a nontraditional one, despite of various limitations that make it unattractive to the mainstream is termed as Disruptive innovation. In short, present players in the market wins the battle by sustaining innovation but new entrants win the battle by disruptive innovations (Anthony, 2008, p. 4). Straining strategy leads to influence or shape the market in which one competes whereas disruptive strategy â€Å"redefine the market, create a new one and defend against attacks from below† (Anthony, 2008, p. 5). Historically companies have succeeded in using sustained innovations at a market with higher tier by charging the uppermost price from sophisticated and demanding customers. In this way, the company achieves profit. This in turn opens the door for Disrup tive innovations. A disruptive innovation helps the consumers at the bottom of the market to access such products that were previously accessible to only those customers who had lots of money and skill. The characteristics of disruptive innovation include â€Å"lower gross margins, smaller target markets, and simpler products and services† (Disruptive Innovation, n.d.), which may appear not so attractive to the existing solutions when compared with the traditional ones. These innovations offers the market with a lower gross margin making it less attractive for the firms moving upward and making space for the new competitors. Thus having a brief idea about the disruptive innovation as exhibited by Christen, some further elaborations about the model of disruptive innovation is required. This study deals in selecting a sector where any type of disruptive innovations has taken place. Assessing the response of the companies and finding the factors responsible for such response and the correlation with the model developed by Clayton Christensen. The sector which is taken in this paper for analysis is cloud computing technology. But before moving into the detailed explanations, a brief knowledge about cloud computing procedure needs to be discussed in a clear manner and the model developed by Christensen can be explained. 2. Christensen model of disruptive innovation The model of disruptive innovation by Clayton Christensen is basically a hypothesis which can be generally exploited for the purpose of explaining the impact of new technologies on the existence of a firm. The term disruptive innovation was first coined by Clayton Christensen in the year 1997 in his book named, â€Å"The Innovator's Dilemma: When New Technologies Cause Great Firms to Fail".  It has been seen that time and again associated with the failure or displacement of the organizations from their respective industries the organizations â€Å"could see the break coming, merely did nothing until it was excessively late†. Through doing well, the companies are alleged to do and they actually provide to their most profitable customers and highly concentrate on the investments in areas where the profit margins are majorly attractive. This situation generates due to the resourcefulness allocation processes of the constituted

English usage and style in Academic Writing Essay

English usage and style in Academic Writing - Essay Example People are wrong when they compare the supremacy of English and Latin in ancient societies. The skeptics of the language are forgetting that Latin was preferable when there were limited resources for documenting languages. Additionally, Latin underwent consolidation around Europe. In contrast, English is a cross-cultural language that does not belong to a particular group of people. According to Mastin (2007, p, 1), different version of English exists but people still use the fundamentals of language. English will not become destroyed because the language is not limited to the workplace. The language also dominates communication on social networking sites. Spanish as a language in Singapore has not hindered the dominance of English as an approach to communication. English is the primary language that facilitated communication in Australia, US and Britain. Besides, countries like Nigeria have adopted the language for official duties. In the past, natives Britons communicate appropriately in English; however, this trend changed with civilization (David, 2003, p, 2). Presently, non-natives have developed a good command of the language despite English being their second language. For example, nations that considered English an alien language are cherishing the language during conversations. The emergence of English is an indication that dialect is not an influencing factor when using the language. The need for a global language sets the foundation for adopting English in different places around the globe. Scholars are encouraging people to use English as the global language with the intention of limiting misunderstandings that are attributable to communication. Indeed, English is the lingua franca for trade and other global activities (Peterson, 2006, p, 3). International bodies such as the â€Å"United Nations† contribute to the progress of the language as the Lingua Franca. Moreover, the academic field is

Organic vs Non Organic Foods Essay Example for Free

Organic vs Non Organic Foods Essay It’s hard to walk into a grocery store and not notice a certain new kind of trend. There is a growing urge to have more organic items on shelves. The general belief is that organic items tend to be better for the consumer and the environment when compared to non-organic items. Although many people cant tell the difference, there are multiple pros and cons between organic and nonorganic. In terms of consumer health, both organic and processed foods have their benefits. The benefits of processed foods are that scientists can place additives that increase the nutritional value. According to Dr. Mehmet Oz (2010), this helps to â€Å"prevent neural-tube defects and certain childhood cancers, boost brain development and may increase intelligence, and reduce the incidence of rickets. † This means that theres nutrients that can be added to aid in helping the country with disease prevention. Organic foods lack the ability to be genetically modified but offer their own benefits as well. According to Maria Rodale (2010), some organically grown foods have â€Å" more conjugated linleic acid, which is a powerful cancer-fighting nutrient. † Both these types of food can help consumers healthy and prevent disease. There are some alarming differences between organic and processed foods especially when considering agriculture. â€Å"Organic† means that a food is grown without the aid of pesticides or fertilizers. Organic farmers use manure and nothing else to grow fruits, vegetables, and grains. It says in The Organic Myth that this can lead to some bad cases of E. Coli that wouldn’t be present in foods grown with pesticides since there are all sorts of bacteria in the manure (2004). The reverse is that without all those chemicals being sprayed on crops, you tend to have less pollution. Rodale states, â€Å"Growing foods organically prevents thousands of toxic chemicals from entering the environment and poisoning our soil, our wells, our wildlife, our children and ourselves† (2010). Organic goods also tend to cost more leading to them being classified as a luxury item. The downside is that most cattle and genetically altered crops have â€Å"unwanted additives like growth hormone and chemicals† (Oz 2010). It’s hard to know whether it’s worth the money to go organic or just stick with the usual. Foods grown without the aids of pesticides seem to be beneficial to the consumer and the environment, which is a big selling point for those who want to go green. On the other hand they are much more costly than non-organic crops. Many people would rather risk the potentially harmful additives to shave a few bucks of the price. It all depends on preference and beliefs but its definitely easy to see where they offer there own pros and cons. Miller, M. (2004). The Organic Myth. National Review, 56(2), 35-37. Oz, M. (2010). The Organic Alternative. Time, 176(9), 46-46. Rodale, M. (2010). 15 WAYS TO CHANGE THE WORLD (and your life) ONE APPLE AT A TIME. Mens Health (10544836), 25(3), 113-138.