Negligence Tort For Legal Duties - Free Essay Example

Sample details Pages: 5 Words: 1556 Downloads: 6 Date added: 2017/06/26 Category Law Essay Type Review Tags: Duty Essay Tort Essay Did you like this example? Once a duty of care has been established not only should the defendant owe a duty of care, but also must be in breach of that duty. Therefore the defendant should have failed to come up to the standard of care required by law for fulfilment of duty. What is the standard of care and has the standard been breached are two questions that will arise to establish a breach of that duty. Standard of care required in negligence law typically relates to a persons conduct, rather than a persons state of mind. The basic rule is that the defendant must conform to the standard of care expected of a reasonable person. The so-called reasonable person in the law of negligence is a creation of legal fiction. This legal fiction steps into the shoes of the defendant and such a person is really an ideal, focusing on how a typical person, with ordinary prudence, would act in certain circumstances. The actual defendant maybe stupider or more ignorant or maybe cleverer or more knowle dgeable but is still judged by this abstract impersonal standard. The actual knowledge and experience of the defendant will also be taken into account. It is therefore a question of foreseeabilty rather than probability. Foreseeabilty can only be discovered as mentioned previously through actual knowledge and experience. Whereas probability will not depend on those factors.  [2]  For instance one may consider a defendant working on a loading dock and tossing large bags of grain onto a truck. During the process, defendant notices two children playing near the truck. The defendant throws a bag towards the truck and unintentionally strikes one child. In this instance, a jury would take into account the defendants actual knowledge that children were playing in the area when the jury determines whether the defendant acted reasonably under the circumstances. One must note, however, that the defendant would be liable for negligence only if the defendant owed a duty to the child. According to the dictum of Alderson B, the objective standard is defined as Negligence is the omission to do something which a reasonable man guided upon those considerations which ordinarily regulate the conduct of human affairs would do,or something which a prudent and reasonable man wouldnt do.  [3] In Glasgow Corporation v Muir the House of Lords stated that the standard of foresight of the reasonable man is an impersonal test independent of the idiosyncrasies of the particular Defendant. Therefore that it is an objective test. Further the relationship between the Plaintiff and Defendant may also lead the courts to modify the standard required; Goldman v Hargrave.  [4]  This was a case where there was a failure to extinguish a fire started by natural causes. It took into account what was reasonable to expect in his individual circumstances. It is left to the judge to decide what in the circumstances of a reasonable man would have had in contemplation and there by room for diversity of view. Therefore the outcome maybe unpredictable even in the tiny majority of cases. Where the Defendant is in breach of duty and thus negligent; if the plaintiff is exposed to an unreasonable risk of harm, the court must weigh a number of factors in the balance. .As the danger increase so must the precaution. There must be a balance between the magnitude of the risk and the burden to the defendant in doing what the defendant should or should not have done; The magnitude of the risk includes the likely hood of harm, the gravity of harm. Also social utility of the activity and the cost and practicability of precautionary measures to minimize or eliminate the risk and make a value judgment as to what a reasonable man wouldve done in the circumstances. Under magnitude of risk; likely hood of harm; In Bolton v Stone; the ball hit from the cricket ground and hit the Plaintiff. This happens once every five years and therefore it was held that there was no neg ligence. Reasonable man do in fact take into account the degree of risk and do not act upon a bare possibility as they would if the risk were more substantial.  [5]  In terms of Gravity of harm the greater the possibility to harm the plaintiff the greater the chance of liability; Paris v Stephey; which involved a risk of an eye injury, the duty of care is owed to the plaintiff himself and if he suffers from some disability, the disability must be taken into account as long as it is or should be known to the defendant. Asquith L.J stated that it is necessary to balance the risk against the consequences of not taking it. Therefore in terms of Social utility would be where the validity to society of the defendants activities are examined; Watt v Hertfortshire CC it was held that the fire authorities had not been negligent for the risk involved to W was not so great as to prohibit the attempt to save life. The commercial end to make profit is very different from the human end.  [6] Finally in the case where cost and practicability of precautionary measures to minimize or eliminate the risk; in the case of Latimer, a factory floor became slippery after a flood. It was held that the defendant had done all they could to prevent the injury n thereby not negligent. The greater the risk, the less receptive a court is likely to be to a defence based simply upon cost in terms of money of the required precautions. Most difficult cases involve defendants with special skills or qualifications. Where the defendant is exercising a special skill or belongs to a particular profession the defendant has to conform to the standards of a reasonably competent member of that profession. If a driver collapses and the passenger tries to bring the vehicle to halt, it would not amount to negligence. However in cases where a person is in exercise of a particular skill, law expects him to show the amount of competence associated with a proper discharge of the duties of tha t profession. The Roman term Imeritia Culpae adnumeratur  [7]  comes into play similar to that of English Law. In Phillips v Whiteley; the plaintiff arranged for her ears to be pierced by a jeweller and as a result infected her ears. It was held that the jeweller was not liable as they had never claimed to reach the standard of a surgeon. In terms of a special skill the hallmark case of Bolam v Friern Hospital established a test where a man need not possess the highest expert skills. The issue was whether a doctor failing to prescribe a relevant drug before treatment was negligent. It was held that the Defendants were not liable. The question was whether the standard of an ordinary skilled man exercised and professed to have that special skill. There is no uniformity as to what is proper. Subsequently it was adopted in Roe v Minister of Health and the Bolam test applied to all medical practitioners, doctors, surgeons etc. In the case of Roe it was held that the hospital wa s not liable because it was not reasonably foreseeable at that time. In the case of Wilsher v Essex the Cout of Appeal rejected the argument that a junior inexperienced Doctor owes a lesser standard of care than a more experienced doctor. Mustill LJ stated that a standard of care which patient is entitled to demand would vary according to the chance of recruiting and rostering. Therefore a general practitioner can be expected to have the expertise of a specialist but should when necessary take appropriate specialist advice. In the case of Lawyers the test to be applied is what is expected of a reasonably competent council of the appellants seniority and experience; Moy v Pettman Smith. Courts will be able to rely upon its own knowledge and experience. However in terms of the medical profession the courts should not attempt to put itself into the shoes of a surgeon; Sidaway v Bethlem Royal Hospital. The relationship between the plaintiff and defendant might also lead the cou rts to modify the content of the Defendants duty where the Plaintiff submitted himself to treatment by someone whom he knew of limited competence. In Nettleship v Weston,  [8]  a learner driver should come up to the standards of an ordinary competent driver. No reasonable man handles a stick of dynamite and a walking stick in the same way.  [9] Children may be liable in negligence and are judged by what might be expected of a reasonable child of the defendants age; Mullin v Richards; Parents ,may also be liable for instance Would a reasonable, careful parent leave his child out of his or her sight for a second in that vicinity?  [10]  Thus it would be a breach of that standard. When the courts find a clearly established practice the burden of proof is a heavy one. If not, it reverses it and requires him to justify his conduct. In conclusion therefore the actual defendant is to be compared with a reasonable man in the same circumstances and whether the standard has been breached, is a question of fact. The court looks at the actions of the defendant to see if his actions measure up to the standard. If they do not, the Defendant is in breach. Don’t waste time! Our writers will create an original "Negligence Tort For Legal Duties" essay for you Create order

Educational Equality For Students With Disabilities

Chapter thirteen of Multicultural Education focuses on providing educational equality for students with disabilities. When you enter a classroom environment there are a variety of differences that you will notice from one student to another. These differences range from students’ height, weight, attire, and even skin color, hair color, and other physical characteristics. Aside from the many physical characteristics that one might notice, there are other less visible characteristics that you might begin to notice such as language, academic skills, and even social skills. From all of these physical and social differences you slowly begin to see and understand how and why children all respond differently to the curriculum as well as the instructional methods that the teacher chooses to implement and use to teach content in the classroom. There are a variety of factors that play a role/influence how students respond to instruction and curriculum. 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Doninant Features of Telecom Industry of Bangladesh free essay sample

Question : What are the industry’s dominant Economic Features? Answers: Industries differ so significantly, therefore analyzing a company’s industry and competitive environment begins with identifying an industry’s dominant economic features and forming a picture of what the industry landscape is like. An industry’s dominant economic features are defined by various factors. Each of these factors are very important to study in order to analyze the dominant economic features of telecom industry. The factors of dominant economic features and their explanations are presented below: Factors of Dominant Economic Features: 1. Market size and Growth rate 2. The Number and Sizes of Buyers and Sellers, 3. The Geographic Boundaries of the Market (Which can extend from local to worldwide) 4. The Degree of Product Differentiation 5. The Pace of Product Innovation 6. Market Supply/Demand Conditions 7. The Pace of Technological Change 8. The Extent of Vertical Integration 9. Economies of Scale and 10. Learning/Experience Curve Effects Industry Size Citycell (Pacific Bangladesh Telecom Limited) is the first mobile communications company of Bangladesh. It is the only CDMA network operator in the country. On March 26, 1997, GrameenPhone launched its service on the Independence Day of Bangladesh. They were the first to introduce GSM technology in country. Sheba Telecom (Pvt. ) Ltd. obtained GSM license in 1996 to extend its business to cellular mobile, radio telephone services. It launched operation in the last quarter of 1997 as a Bangladesh-Malaysia joint venture. In September, 2004, Orascom Telecom Holdings purchased 100% of the shares of Sheba Telecom (Pvt. Limited (Sheba) renamed it as Banglalink. Robi (formerly known as Aktel) launched its operations on the 15 November, 1997 in Dhaka and on 26 March, 1998 in Chittagong. Robi was formed as a joint-venture between Telekom Malaysia (now known as Axiata) and A. K. Khan Company. NTT DoCoMo, the Japanese Telecom Giant purchased A. K. Khans share on September 19, 2008. The Only totally Bangladeshi owned operator TeleTalk started operating on 29 December, 2004. Warid was the sixth mob ile phone operator to enter the Bangladesh market, nd launched commercial operations on May 10, 2007. Telecom Industry Growth Consumer demand in Bangladesh makes the mobile and telecom market one of the fastest growing markets in the world. During the first six months of 2007, Bangladesh recorded 7. 7 million subscribers, and by the end of that year around 35 million subscribers (a market penetration of 25%) was recorded, signifying year-on-year growth of 70%. Business Monitor International (BMI) has predicted that by the end of 2011, mobile subscribers will reach figures of around 115 million. Number of Rivals The Industry is fragmented into the following six companies Banglalink/Sheba (Orascom Telecom Holding S. A. E), GrameenPhone (Telenor Grameen Telecom Corporation,), Robi/Aktel (Axiata Group Berhad NTT DoCoMo INC), Citycell (Singtel, Pacific Group and Far East Telecom), Warid (Bharti Airtel Warid Telecom International), and Teletalk (BTCL). But thought all are trying their best. The industry is dominated by GrameenPhone. There are other competitors in the market, 1. BTCL Former BTTB 2. Peoples Telecommunication and Information Services Ltd. 3. Ranks Telecom Ltd. 4. Tele Barta Ltd. branded under the name Jubok phone. 5. Jalalabad Telecom Ltd. branded under the name Bijoy Phone. 6. Onetel Communication Ltd. 7. National Telecom Ltd. 8. Westec Ltd. 9. Dhaka Telephone Co. Ltd. 10. Integrated Services Limited (ISL) branded under the name Sheba Phone S. A Telecom System Ltd. 11. Banglaphone Ltd. Degree of Product Differentiation The Product of the rivals is becoming less differentiated due to the great competition among them. There is a great number of look-alike products that are brought to the market by the rivals, the value addition by them is also the similar therefore all these causing a heightened price competition. Product Innovation As the technological change is taking place, there is great amount of innovation is done every now and then in telecommunication industry. A great amount of research and development is taking place in this industry in recent times. There are opportunities to overtake key rivals by being first-to- market with next generation products. The examples of which can be cited below: In our neighboring country, India, 3G mobile service had been introduced in 2008. Bangladeshi people also seeking for it as it allows simultaneous use of speech and data services and higher data rates. In our country, data transfer rate is really slow. People often face buffering problems while using Internet, and so people want higher data transfer rate. People also want 3G because of its higher security features as it allows the UE (User Equipment) to authenticate the network it is attaching to, the user can be sure the network is the intended one and not an impersonator. As people are continuously being exposed to news of technological updates of other countries, the demand is being created. Supply and Demand Condition:[pic] Subscribers Growth in Bangladesh: [pic] Pace of Technological Change Technological factors can lower barriers to entry, reduce minimum efficient production levels, and influence outsourcing decisions. Technological factors include RD activity, automation, technology incentives, and rate of technological change. Sadly Bangladesh does not have an infrastructure that allows for research and development of large scale. However, recent drives to automate day to day activities have been taken by a majority of telecom companies, most notable by GrameenPhone with their new corporate headquarters that reportedly runs on its own power supply and is fully automated (including doors, lights etc. ). While Bangladeshs policies and government processes hamper fast technological change, the telecom industry has in many ways influenced the both the public and private sector to invest and bring in new technology such as WiMax and submarine cable, although limitations have not allowed these technologies to flourish. Conclusion: Think of telecommunications as the worlds biggest machine. Strung together by complex networks, telephones, mobile phones and internet-linked PCs, the global system touches nearly all of us. It allows us to speak, share thoughts and do business with nearly anyone, regardless of where in the world they might be. Telecom operating companies make all this happen.

The Theory Of Evolution Essays - Evolutionary Biology, Fossil

The Theory of Evolution The theory of evolution, as set forth by Charles Darwin in 1859, stated that all plant and animal life evolved over long periods of time from simple to more complicated forms through mutation and adaptation. He also taught that only the fittest of each species would survive. He further postulated that the first living cell evolved in a "warm warm little pond" and that it took billions of years for the present diversity of living things to evolve. At the time, it was thought that the few "missing links" in the fossil record would be soon filled.(Darwin, 1927 ). Today, however, there is today a considerable body of scientific evidence that refutes this entire theory. The findings of the last 50 years both deny the possibility of Darwin's theory and make a very good case for creationism. Creationism is the belief that all of life came into being suddenly, that it still exists in much the same form, and that the earth is much younger than Darwin thought. The Law of Biogen! esis states that life only comes from life. The Harvard University Nobel Prize winner (in physiology and medicine) George Wald wrote(1954) that "the reasonable view was to believe in spontaneous generation," (evolution). He said "the only alternative is to believe in a single, primary act of supernatural creation," and "there is no third position." He explains the impossible odds of spontaneous generation, and yet refuses to accept the alternative. Later, he attempted to find whether a single amino acid change in a hemoglobin mutation could be found that doesn't adversely affect the function of that hemoglobin. He was unable to find such an instance. He also explored the interactions between proteins, amino acids, and oxygen, with energy sources such as the earth's heat and the sun's radiation. He concluded that "the overwhelming tendency for chemical reactions to move in the direction opposite to that required for the evolution of life to be the most stubborn problem t! hat confronts us - the weakest link in our argument [for the origin of life]."(Wald,1967). Mendel's Laws explain most of the physical variations observed in living things. Genes, the genetic units of heredity, are merely reshuffled from one generation to another, but new genes are never formed. Different combinations create variations, but these variations are limited. Each cow, person, dog, etc. has variations, but the genetic units do not permit dog-people, or cow-dogs. Breeding experiments by competent biologists confirm that these boundaries exist.(Fix,1984). Since mutations are the only mechanism (according to Darwin) by which new genetic material becomes available, then mutations must have occurred regularly to have spawned all our present life forms, and further, mutation must consistently go from simple to complex to have gotten us out of the primordial ooze. However, many noted biologists, including C.P. Martin and Theodosius Dobzhansky (who mutated the fruit fly), consistently report that mutation does produce hereditary changes, but "invariably affec! t it (the organism) adversely."(Salisbury, 1969). All animals are born with complex organs (the human brain has over a hundred thousand billion electrical connections), and further, all animals are born with fully developed organs. If evolution were occurring, at some point people could expect to see a reptile whose leg was becoming a wing, but they never have. Darwin himself attempted to answer a question put to him by Harvard biology professor Asa Gray, regarding the eye, and whether the "inimitable contrivances for adjusting the focus to different distances, and for the correct ionospherical and chromatic aberration, could have been formed by natural selection. This seems..... absurd in the highest degree."(Darwin,1927). Genetic and molecular biologists can now measure the degree of similarity between most forms of life by examining the sequence of the components of a specific protein. Relationship is established by the number of changes required to convert a protein o! f one organism in to the corresponding protein of another - the fewer changes, the closer the relationship. This comparison can also be made using genetic material. There is NO evidence on the molecular level for evolution. Each of the many categories of organisms appear to be equally isolated. For example, by isolating one protein (cytochromec) from a snake and comparing it with

3 Stories That Prove Nursing is Worth It

3 Stories That Prove Nursing is Worth It Nursing is not a career for the faint of heart. From managing challenging patients to dealing with emergency situations, it’s a field that demands a lot from those who choose it. For many nurses, though, the breakthrough moments that make it all worthwhile show why so many women and men find nursing as their calling. Patients can change your life in unexpected ways.While part of being a healthcare professional is caring for people you may never see again, sometimes the fates align, and you find that there’s a patient to whom you just can’t say goodbye. Nurse Amber Boyd, from New Mexico, found this to be the case when she cared for a newborn baby girl who suffered from severe birth defects. The baby’s parents were out of the picture, and Boyd realized that she could provide the love and care that baby Nicole needed. â€Å"Right around her first birthday, she was making progress, [but] her needs were beyond anything anyone could’ve accommodated at ho me. Her biological parents, their rights were taken away and her twin sister had already gone home with another family. They just weren’t medical professionals and she essentially needed ICU care at home. [The hospital] was looking into medical foster care†¦.I said, ‘Well, that’s something I could do from home†¦But then I said, ‘This is crazy, am I crazy?'†Little things can matter as much as big ones.From NurseTogether.com comes the inspirational story of a nurse whose above-and-beyond took very little time out of the daily routine, but paid many dividends for one patient.â€Å"One of the women living there had night terrors. She was never able to name that which she feared, but woke every few hours screaming in panic. Her confusion and fear touched my heart as I tried to imagine experiencing her quality of life. I immediately discovered that she would calm down and return to sleep if I spent 10-15 minutes talking to her. Soon thereafter, I discovered that if I came to work 20 minutes before my shift started, held her hand, and talked with her she slept peacefully the entire night through. 20 minutes a day, five days a week out of the life of a student nurse was a small price to pay for her peace of mind.†Sometimes nursing life is just plain funny.From NursesAreAngels.com: â€Å"I was performing a complete physical, including the visual acuity test. I placed the patient twenty feet from the chart and began, ‘Cover your right eye with your hand.’ He read the 20/20 line perfectly. ‘Now your left.’ Again, a flawless read. ‘Now both,’ I requested. There was silence He couldn’t even read the large E on the top line. I turned and discovered that he had done exactly what I had asked; he was standing there with both his eyes covered.†If you too have a nursing tale that is funny/inspiring/illuminating/nursetastic, we’d love to hear it!

Free Essays on Bopolar Disorder

Definition Bipolar, or manic-depressive disorder, is a mood disorder that causes radical emotional changes and mood swings, from manic highs to depressive lows. The majority of bipolar individuals experience alternating episodes of mania and depression. Description In the United States alone, bipolar disorder afflicts almost two million people at an annual cost of over $45 billion, according to a 1991 report by the National Institutes of Mental Health. The average age of onset of bipolar disorder is from adolescence through the early twenties. However, because of the complexity of the disorder, a correct diagnosis can be delayed for several years or more. In a survey of bipolar patients conducted by the National Depressive and Manic Depressive Association (MDMDA), one-half of respondents reported visiting three or more professionals before receiving a correct diagnosis, and over one-third reported a wait of ten years or more before they were correctly diagnosed. The Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition (DSM-IV), the diagnostic standard for mental health professionals in the United States, defines four separate categories of bipolar disorder: bipolar I, bipolar II, cyclothymia, and bipolar not-otherwise-specified (NOS). Bipolar I disorder is characterized by manic episodes, the "high" of the manic-depressive cycle. A bipolar patient experiencing mania often has feelings of self-importance, elation, talkativeness, increased sociability, and a desire to embark on goal-oriented activities, coupled with the characteristics of irritability, impatience, impulsiveness, hyperactivity, and a decreased need for sleep. Usually this manic period is followed by a period of depression, although a few bipolar I individuals may not experience a major depressive episode. Mixed states, where both manic or hypomanic symptoms and depressive symptoms occur at the same time, also occur frequently with bipolar... Free Essays on Bopolar Disorder Free Essays on Bopolar Disorder Definition Bipolar, or manic-depressive disorder, is a mood disorder that causes radical emotional changes and mood swings, from manic highs to depressive lows. The majority of bipolar individuals experience alternating episodes of mania and depression. Description In the United States alone, bipolar disorder afflicts almost two million people at an annual cost of over $45 billion, according to a 1991 report by the National Institutes of Mental Health. The average age of onset of bipolar disorder is from adolescence through the early twenties. However, because of the complexity of the disorder, a correct diagnosis can be delayed for several years or more. In a survey of bipolar patients conducted by the National Depressive and Manic Depressive Association (MDMDA), one-half of respondents reported visiting three or more professionals before receiving a correct diagnosis, and over one-third reported a wait of ten years or more before they were correctly diagnosed. The Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition (DSM-IV), the diagnostic standard for mental health professionals in the United States, defines four separate categories of bipolar disorder: bipolar I, bipolar II, cyclothymia, and bipolar not-otherwise-specified (NOS). Bipolar I disorder is characterized by manic episodes, the "high" of the manic-depressive cycle. A bipolar patient experiencing mania often has feelings of self-importance, elation, talkativeness, increased sociability, and a desire to embark on goal-oriented activities, coupled with the characteristics of irritability, impatience, impulsiveness, hyperactivity, and a decreased need for sleep. Usually this manic period is followed by a period of depression, although a few bipolar I individuals may not experience a major depressive episode. Mixed states, where both manic or hypomanic symptoms and depressive symptoms occur at the same time, also occur frequently with bipolar...

Incorporating Graphics Into the Justification Report Assignment

Incorporating Graphics Into the Justification Report - Assignment Example It is important to arrange the data that is being represented using a graph in table format. When adding a graph, one is required to select the target location for the chart. Then, select the data that is being represented using the graph. One is also required to choose the data that is to be represented and then insert the required graph. There are different forms of graphs including; bar graphs, line graphs, pie graphs among others (Chen, 2002). Implementation of graphs varies depending on the information an individual is willing to convey. Varieties of benefits couples the usage of graphs. Graphs present clear and summarized data that are easy to understand. It is relatively easy to compare and analyze data that is represented in a graphical format compared to normal reporting. The creatively constructed graph can significantly contribute to efficient management and presentation of data. The nature of graph to bring into play depends on the data that is to be presented or conveyed. For instance, when one is representing a summary of the data, one may be required to use normal graphs. In other words, nominal graphs are used when there is a possibility of reducing the data (Chen,