Internet Use Essay

Presentation Learning is a procedure of getting changes in existing information, aptitudes, propensities, or inclinations through experience, practice, or exercise. (Merriam-Webster Dictionary, 2012) Clinical training is an essential segment in the educational programs of pre-enlistment nursing courses and gives understudy nurture the chance to consolidate psychological, psychomotor, and full of feeling spaces. Different examinations have proposed that not all training settings can give nursing understudies a positive learning condition. So as to expand nursing students’ clinical learning results, there is a need to look at the clinical learning condition. (Chan, 2004) Clinical experience has been the imperative piece of nursing instruction. As indicated by Dunn and Burnette (1995), it is the road for the understudies to use the hypotheses that they’ve learned in their conversation. It gets ready understudy attendants to be capable of â€Å"doing† just as â€Å"knowing† the clinical standards practically speaking. The clinical practice animates understudies to utilize their basic deduction abilities for critical thinking. It is the place the understudy medical attendants upgrade their insight in nursing ideas and standards just as to create and improve their abilities and disposition towards rendering nature of nursing administrations. Web is an overall system that associates a great many PC and quickly changing the character of life and work. Web gives enormous effect on the lead of each viewpoint in life particularly in instruction. These days, the greater part of the understudies depend in the new patterns brought by innovat ion. With regards to training, web is the main wellspring of the understudies in making school prerequisites. Notwithstanding, there are negative perspectives too with respects in utilizing web, yet on the off chance that we use it enough in the correct manner, it will be a major assistance and simpler for us to discover some new information in only a tick away. The web, or here and there called â€Å"The Net† is an overall arrangement of PC organize at any PC can get data from some other PCs. (Gaylah, 2010) Regular utilization of PCs can affect understudy execution on state sanctioned tests, as per another examination by specialists at Boston College and the University of Massachusetts at Lowell. Investigating test execution and PCs employments of 1986 fourth grade understudies from 55 homerooms in nine Massachusetts Comprehensive Assessment Systems (MCAS) English Language Arts Exam. As per government correspondence commission, 97% of schools the nation over had web network starting at 2010 (FCC, 2010). Far less, had the option to effectively address the issue from higher speed get to, the FCC stated, refering to that request as one explanation it disclosed its National Broadband Plan in March 2010. An investigation of I. Kabakci, et al., about â€Å"Parents Views about Internet utilization of their Children† was uncovered tha t guardians consider Internet as a significant source that kids can particularly use to do explore for their exercises and to get their work done. It was presumed that Internet impacts the self-improvement of kids adversely on the grounds that youngsters are presented to physiological impacts since they invest a great deal of energy in web. The investigation of Kabacki et. Al., was about Internet Use and Its Effect to Academic Performance yet there was just constrained examination directed about Internet and Clinical Performance of Nursing Students, therefore, the Researchers might want to lead an investigation about the Internet Use in Clinical Performance of Nursing Students to distinguish how student’s execution on clinical territory would be influenced with the utilization of web and to fill the hole of the researcher’s interest in the said examination. Proclamation of the Problem This investigation was expected to decide the impacts of web utilization of understudy medical caretakers corresponding to their clinical exhibition. In particular, the investigation looked for answers to the accompanying: 1. What is the segment profile of the respondents as far as: 1.1 sex; 1.2 age; 1.3 year level; and 1.4 week after week stipend? 2. How regularly do understudy medical caretakers utilize the Internet? 3. Is there a critical connection between understudy nurses’ utilization of the Internet and their profile variates? 4. What is the clinical presentation of the understudy nurture respondents? 5. Is there a noteworthy connection between understudy respondents’ clinical execution and profile variates? 6. Is there a noteworthy connection between Internet utilization of understudy medical caretakers and their clinical exhibition? 7. What are the suggestions can be drawn from the investigation? Speculations In light of the particular inquiries introduced over, the accompanying theories were tried: 1. There is no noteworthy connection between understudy nurses’ utilization of the Internet and their profile variates. 2. There is no noteworthy connection between understudies respondents clinical execution and profile variates. 3. There is no huge connection between Internet utilization of understudy medical attendants and their clinical presentation. Hypothetical Framework Psychological Theory of Multimedia Learning by Mayer where in the standard known as the interactive media guideline expresses that â€Å"people gain more profoundly from words and pictures than from words alone†(Mayer,1996 p.47). In any case, basically adding words to pictures isn't a powerful method to accomplish interactive media learning. The objective is to instructional media in the light of how human brain functions. This is the bases of Mayer’s psychological hypothesis of media learning. This hypothesis proposes three fundamental suspicions with regards to learning with interactive media: There are two separate channels, sound-related and visual for handling data now and again alluded to as Dual-coding Theory; Each channel has a restricted (limited) limit like Sweller’s idea of psychological; Learning is a functioning procedure of sifting, choosing, sorting out and coordinating data dependent on earlier information. People can just process a limited measur e of data in a channel at once and they understand approaching data by acting making mental portrayals. Mayer additionally examines the job of three memory stores tangible (which gets boosts and reestablishes if for a brief timeframe), working (where we effectively process data to make mental builds (or mapping) and long haul (the vault of everything learned). Mayer’s Cognitive Theory of Multimedia presents that the mind doesn't decipher a mixed media introduction of words, pictures and sound-related data in a fundamentally unrelated manner; rather these components are chosen sorted out progressively to create consistent mental develops. Moreover, Mayer underscores the significance of learning (in light of the testing of substance and showing the effective exchange of information) when new data is incorporated with earlier information. Structure standards incorporate giving reasonable verbal, pictorial data, directing the students to choose pertinent words and pictures and diminishing the heap for a sing preparing channel and so forth can be involved from this hypothesis. Test L earning Theory by David A. Kolb underscores that the genuine play in the learning procedure. He expresses that â€Å"learning is a procedure is whereby information is made through the change of experience† (1984, p.38). The hypothesis presents a repeating model of picking up, comprising of four phases. One may start at any stage, however should follow each other in the grouping: solid experience (or â€Å"DO†), intelligent perception (or â€Å"OBSERVE†), dynamic conceptualization (or â€Å"THINK†), dynamic experimentation (or â€Å"PLAN†). Kolb’s four-phase learning cycle shows how experience is made an interpretation of through reflection into ideas, which thus are utilized as aides for dynamic experimentation and the decision of new encounters. The primary stage, solid experience (CE), is the place the student effectively encounters a movement, for example, a lab meeting or field work. The subsequent stage, intelligent perception (RO), is the point at which the student deliberately ponders back that experience. The third stage, the oretical conceptualization (AC), is the place the student endeavors to conceptualize a hypothesis or model of what is watched. The fourth stage, dynamic experimentation (AE), is the place the student is attempting to arrange for how to test a model or hypothesis or plan for an imminent encounter. Kolb recognized four learning styles which relate to these stages. The styles feature conditions under which students learn better. These styles are: assimilators, who learn better when given sound consistent hypotheses to consider, convergers, who learn better when given pragmatic utilizations of ideas and speculations, accommodators, who learn better when furnished with â€Å"hands-on† encounters, divergers, who learn better when permitted to watch and gather a wide scope of data. Applied Framework Introduced in the Figure 1 is the Conceptual Framework of the exploration study, a casing at the base of the graph shows the investigation gathering or the examination condition, 78 Student Nurses of Samar State University S.Y. 2012-2013. The said outline is associated with a greater edge by a solitary bolt where it comprise the examination procedure. The point of the examination is to decide the connection between the web utilization of understudies and their profile variates, the web utilization of understudies and clinical execution, and the connection between the profile variates and clinical execution of the understudies. The casing for the examination procedure is associated with the finding and investigation of the analyst and the suggestion which fills in as a room of chance in the improvement of learning abilities of understudy medical caretakers.

Plaintiff Liable Contributory Negligence †Myassignmenthelp.Com

Question: Examine About The Plaintiff Liable Contributory Negligence? Answer: Introducation Yvette Sonja Horne, the offended party was just 13 when she met with a mishap and endured serious wounds in the lower some portion of her body. It was 11 December 1998 when she tumbled off her bike out and about before the back wheels of a semi-trailer that went over her lower body. She was riding to the Cooper Tennis courts from her school Aspley State High school, when she met with the mishap. The tennis court was arranged at some good ways from the school, which caused the offended party ride to the Tennis Court. For this situation, the State of Queensland is the primary litigant, the driver of the semi-trailer named Lyall Norman Boettcher was the subsequent respondent and the proprietor of the semi-trailer, Finner Bryce transport Pty Ltd was the third respondent. A lawful continuing has been started against the State of Queensland on the ground that it neglected to the executives sensible consideration towards the youngsters who were under the obligation of Aspley State High School, which can be delineated as careless demeanor on part of the State. The school likewise showed a careless conduct by allowing the youngsters to ride to the Tennis Court from school as the school knew that the way to the Tennis Court was perilous for the kids to ride bikes attributable to the overwhelming traffic out and about. Regardless of whether there was a penetrate of obligation of care on part of Aspley State High School Is the offended party obligated for contributory carelessness? Could the proprietor and driver of the semi-trailer be held at risk for carelessness? Contentions of the offended party The primary conflict of the offended party was that the driver of the semi-trailer or the subsequent litigant is at risk for carelessness, as he didn't end the vehicle significantly after he saw that the offended party and her companion was riding bike before his vehicle (Antieau 2016). The whole connected semi-trailer and the main player of the vehicle had securely gone over the offended party securely yet the offended party fell of the cycle before the back wheels of the vehicle. The offended party additionally battled that the primary respondent that is, Aspley State High School was careless by neglecting to practice sensible consideration towards its understudies. The school owed an obligation of care towards its understudies including the offended party as they were ascending to the Tennis Court during the school hours with the consent of the school. This sets up that the school was mindful to guarantee that the students reach to the Tennis court securely. Further, the school specialists knew about the way that a portion of the understudies may utilize bikes to ride to the tennis court utilizing the street, which presents potential peril for the kids, particularly, for ones of the offended parties age. Moreover, the offended party expressed that her mom was guaranteed that the school authority would take liable for the understudies while they go to the tennis court. The school guaranteed that the understudies would go in bunches under oversight and an instructor would go with the understudies on their way to the court. On the deplorable day, the main respondent allowed the understudies to make their own particular manner to the tennis court from school and didn't go with them under oversight of an educator or other school power to the Tennis Court. Connie Miles recommended the offended party to ride a bike to the Tennis Court. The offended party additionally battled that while she was riding the bike down the slope, she saw main player and a connected semi-trailer was surpassing them. By then, of time, the offended party understood that the rake framework in bike was not working and she crashed into the bike, which her companion was riding. Both the kids flung off their bike and the offended party went under the back wheels of the semi-trailer. The offended party attested that she likewise confronted trouble while controlling the bike not long before the offended party crashed into her companion. Contentions of the litigant The driver of the semi-trailer that is, the subsequent litigant fought that the offended party had seen the semi-trailer when it was two-meters from her bike. He had a brief look in his back mirror after he heard a slight clamor and saw that the offended party was under the trailer. He ended the vehicle and helped to the offended party and her companion that was fundamental by then of time. The driver further affirmed that the side wheels of the semi-trailer and the central player were exceptionally near the white line in Beams street that kept out the traffic going towards Gympie street. The driver further battled that he saw two kids riding bikes before the vehicle and he saw that the bike, which the offended party was riding, was unsteady. Besides, the offended party fought that the bike was large for the offended party and there was no sign on part of the offended party that she was going to turn more than 1.7 meters on her right side and the vehicle passed the offended party expanding 2.4 meters from the middle line. Judgment of the Trial court After the examination of the disputes made by both the gatherings, the court put together its decisions with respect to the accompanying reasons: Right off the bat, the court depended on the memory of the offended party and her companion with some booking the inferable from the way that the episode had happened nine years prior. While deciding the obligation of the primary litigant regarding carelessness, the court considered the way that the Aspley High School was liable for guaranteeing that its understudies arrive at the Tennis court securely under the management of an educator. At the point when the offended parties mother enquired reviewing the venturing out from school to the Tennis court, the offended parties mother was guaranteed that the youngsters would go in bunches under management. Thirdly, considering the dispute of the respondent that the bike was too enormous for the offended party and it was temperamental due to defaulted slowing mechanism in the cycle, the court depended on the proof of the police under area 18 and 101 of the Evidence Act. The proof was identified with the realities about the occurrence that was acquired subsequent to talking the respondents, offended party and her companion. Fourthly, while deciding the obligation of the subsequent litigant, the driver, the court acknowledged the conflict that Beams street presented peril for individuals riding bikes. The court dismissed the dispute that the driver of the semi-trailer vehicle neglected to display sensible consideration for forestalling the occurrence that made wounds the offended party (Cusimano and Roberts 2016). The proof that while the trailer passed, its side wheels were near the offended party bolstered this announcement made by the court. The separation between the offended party and her companion and the main player was a good ways off of 4.2 meter and the trailer being 8 ft wide, the court attested that, the second and third respondent can't be held at risk for carelessness (Brake 2014). Fifthly, the way that the principal respondent (school) owed an obligation towards the offended party being te understudy of the school, the court opined that the school is at risk for abusing it obligation of care by permitting the offended party to make a trip from school to the court without oversight while she was under the authority of the school. Further, in spite of staying alert that there is probability that understudies would either ride bikes or stroll on the Beams street to arrive at the Tennis court, the school allowed the understudies to make their own specific manner to the tennis court. Sixthly, the court thought about that upon the arrival of occurrence, the youngsters went without the oversight, in this manner, breaking their obligation of care. In spite of the fact that the main respondent affirmed that strolling would have been a more secure methods than riding, for develop individuals in the situation of the offended party, yet the court thought about that the offended party as youthful at her age and rode the large bike with a defaulted stopping mechanism under impact of her companion (Ogden and Hylton 2016). The school was committed to guarantee that all its understudy arrive at the Tennis court securely and approve an instructor to direct them to the court as opposed to requesting that they reach to the court all alone. The court upheld its sentiment by alluding to Geyer v Downs Anor [1976-77] 138 CLR 81 and Williams v Eady [1893] 10 TLR 41 at p.42 which requires each instructor to practice obligation of care towards the understudies like a dad practices care towards his kid. Ultimately, to decide if the offended party was subject for contributory carelessness, the court held that it is sensible for a 13-year young lady who is accustomed to riding bikes to identify that the slowing mechanism was not working. The court opined that the mishap came about incompletely because of the impact of bike with her companion and halfway because of absence of care of the offended party. The court alluded to Lynch v Nurdin [1841] 1 QB 29 which clarifies that contributory carelessness of a youngster alludes to the disappointment of the kid to practice the consideration that is sensibly anticipated from any common offspring of a similar age. The court thought about that notwithstanding staying alert that the bike was greater than the size of the offended party and the default in the slowing mechanism, the offended party kept riding which infers she needed development and neglected to practice sensible consideration for her own wellbeing. The court isolated the duty between the offended party and the primary respondent where the principal litigant is qualified for 75% of obligation regarding carelessness and the offended party is qualified for 25% of the obligation regarding contributory carelessness. The offended party was granted harms under the Griffiths and Kerkemeyer head of harm. Choice of Appellant court The judgment disseminating carelessness against the litigant was saved and granted the offended party with the expense of the intrigue. Basic examination of the choice The court acknowledged the conflict made by the driver of the semi-trailer (second litigant) that the bike was enormous for the offended party and gave off an impression of being shaky. The court was fulfilled tha

Karaoke Television

The word â€Å"KTV† represents Karaoke Television. It is a type of intuitive diversion where novices chime in recorded music utilizing an amplifier and open location framework with a screen of showed verses. There are more than 100 KTV foundations in Singapore. Gathering World KTV is a set up karaoke amusement in Singapore, flaunting 12 outlets all through the island. Furnished with the most recent in amusement innovation, easy to understand frameworks and agreeable extensive rooms, benefactors are guaranteed most extreme joy and solace. Gathering World KTV endeavors to enhance patron’s involvement with singing quality and ‘beyond singing’ experience. Different sections have been recognized as potential portions that Party World KTV could target and decide to concentrate on. Potential sections incorporate however are not restricted to: understudies, corporate, families and senior residents. The potential fragments permits Party World to be an all-rounder KTV diversion supplier, giving from youthful to old, private to corporate. Nonetheless, rather than contending in a mass market with expansive portions, in receiving a smaller center, the organization in a perfect world spotlights on their particular needs, in this way better fitting the promoting blend likewise. The picked sections to center are understudies and corporate. Understudies and corporate fragments are significant wellspring of client base. Corporate capacities are on customary premise where coordinators are eager to spend liberally. Understudies, then again are cost cognizant. Singapore’s KTV media outlet has become quickly throughout the years. Gathering World KTV has essentialness pieces of the overall industry in the business, by the by, not without solid contenders like K Box, Good Luck KTV and Top One KTV. The focused on business sectors comprise of average workers (corporate) and non-common laborers (understudies). There are tremendous pools of clients promptly accessible in these two portions. Offering practice administrations focused on corporate capacities could set Part World’s situating at a more elevated level. Understudies, then again are clients who appreciate KTV diversion because of numerous reasons, for example, fans who mirror symbols, singing as interest and companions home base. In focusing on these portions, Party World KTV sets its situating in customer’s mind interestingly not quite the same as other normal KTVs. Setting a glory standard for authentic capacities while not ignoring the requirements of the youthful and non-working clients. A diagram of the advertising blend, place, value, items (administration) and advancement are as followed. * Place †Exclusive, different areas deliberately found (12 branches). Rooms are agreeable and extensive. Celebrities room only just accessible in 5 branches with earlier appointments required. All branches are found island wide, advantageous for all. * Price †Different valuing methodology. More significant expenses focused to top of the line clients (corporate capacities). Moderate costs for center salary or non-working clients (understudies). With 2 significant sections focused on, estimating must be set as needs be, fitting customer’s need. Also, clients are charges at per room (not per pax), this permits clients to bring more companions. * Products and additionally (Services) †High-end administration, all around prepared staffs and well prepare offices (incorporates web, pool table, tabletop games, DVD player and Playstation 3. Selective help accommodated corporate/private capacities. Staffs are very much prepared and involvement with KTV related administrations. Gathering World KTV goes the additional mile to cause clients to feel more unwind with accessible gaming gadgets and free bites and beverages (for individuals as it were). * Promotions †Wide assortment of advancements for the focused on sections. Limited time devices as of now utilized by Party World to pull in and hold clients are as followed. Before any special advances are taken, there must initially be a maintenance methodology to hold current clients before pulling in new potential clients. Enrollment is one method for holding and pulling in clients. Individuals appreciate lifetime part benefits, besides, given a birthday voucher on the birthday month. Focuses reclamation/aggregation qualifies individuals for be compensated for each dollar they spent. Focuses are redeemable for nourishment and refreshments, longer utilization of offices and extraordinary blessings. With focuses recovery, clients are more tempted to spend more and stay faithful to Party World KTV than changing to other people. (Spend in Party World and get compensated!) A singing challenge is held month to month to advance singing. It is considered as a benevolent and recreation challenge to advance singing. A large portion of the members are understudies anxiously sitting tight for their opportunity to sing in front of an audience. Hence, this limited time device is proper in pulling in the understudy beginner vocalists. â€Å"Happy Hour Promotion† relevant from Mondays to Fridays (2pm †7pm), clients are given an uncommon rate which incorporates free bites and non-liquor drinks. Individuals can appreciate an extra 10% rebate. â€Å"3 bottles package† Customers can pick any 3 jugs of liquor with free 6 containers of blenders at just $598. All things considered, the advancements are inadequate to pull in clients. We suggest for a â€Å"Epic Theme Nights† which covers from Monday to Thursdays and Sunday where Party World KTV has least clients. Selling focuses: Now you can even create and structure your own MTV collection (with your own vocals and video) with Party World KTV's expert studio and recording framework! locate their most loved murmurs and spare main tunes in a playlist for simple recovery on the following visit. You should simply to enlist through the KTV framework utilizing your portable number as login ID and begin sparing your most loved KTV melodies in your playlist! Your solace and delight is met with our extensive rooms which are fixed with agreeable cowhide seats and back rub seats and in-room foot rub machines. Message: For wannabe Singapore Idols, Party World is the undeniable spot to sharpen your singing abilities. Moderate room rentals and a weighty bilingual melody inventory ought to guarantee long periods of murmuring amusement, also different limits accessible to NTUC cardholders. With 11 branches spread over the island, Party World has become a significant karaoke foundation.

The Tort Law Effect On Victims Essay Online For Free - Free Essay Example

The word tort is derived from the latin word tortus, meaning a wrong. Tort law is the law concerned with allowing the victims of harmful actions, whether caused deliberately or by negligence to claim compensation. In order to advise Shane who, if any one, he can sue for compensation for his injuries. It is important to discuss what roles the other parties played in the accident. Warne is an employer of an independent contractor (Hingis Ltd) who are a firm specialising in tree management. When an individual causes injury directly to another they will be liable for the tort committed. But when a person is liable for a tort committed by another it is called vicarious liability. For example if an employers, employee commits an act while at work then the employer can be held vicarious liable. Generally an employer or client in this case is not held vicariously liable for tort committed by independent contractors. The claimant normally will have to sue the contractor. However there are exceptions to the rule if the circumstances are an extra-hazardous activity. For example in Honeywill and Stein v Larkin Bros Ltd (1933) Honeywill engaged Larkin to take photographs of the interior of a cinema. Larkin used a flashlight which involved the ignition of magnesium powder. The came ra was placed too close to a curtain on the stage and the entire theatre caught fire. The Court of Appeal held that the taking of photographs in this way was an extra-hazardous activity for which Honeywill could not delegate responsibility to the photographer, and thus remained liable to the owners of the cinema for the damage caused. In Salsbury v Woodland (1969) a case which is very similar to our case. The owner of a house employed a tree-felling contractor to remove a large tree in his front garden. The contactor removed the tree in a negligent manner which broke a pair of telephone wires running across the garden which left the wires in the road causing an obstruction. Salsbury went into the road to remove the wires when a car approached at speed. Salsbury, realising that a collision was inevitable, threw himself onto the grass verge but his fall caused a tumour in his spine to bleed which brought about paralysis. Salsbury sued the house owner, the tree contractor and the ca r driver. The Court of Appeal held that the general rule should apply; namely that the householder should not be liable for the negligence of the tree contractor who was an independent contractor. The removal of the tree was not work of an inherently dangerous nature and could not be treated as an exception to the rule within Honeywill doctrine. From this case it concludes that Warne should not be liable because it was not foreseeable the contractor would mismanage the work and he acted reasonably by employing a specialist tree contactor. Hingis Ltd Hingis are a specialist tree contactor who have mismanaged the work and broke the telephone wires leaving them trailing across the road. A firm specialising in tree management should know the risks of branches hitting telephone wires that are close by. The tort of negligence can be summarised as: the defendant must owe duty of care to the claimant the duty must have been breached the breach must be the cause of the claimants damage or loss Hingis had a duty of care to other people around them which is called the neighbour principle and was established in the Donoghue v Stevenson (1932) case. Lord Atkin said that you have a duty of care owed to your neighbour in law. Lord Atkins response to the question Who is my neighbour? from the lawyer is You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who, then, in law, is my neighbour? The answer seems to be-persons who are so closely and dire ctly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions that are called in question From this case it was established that if a duty of care does not already exist, a reasonable man will owe a duty of care not to injure those whom it can be reasonably foreseen would be affected by their actions. When Hingis cut down the tree which brought down the telephone wires they breached this duty of care; as a professional this should not have happened. In Bolam v Friern Hospital Management Committee (1957) a doctors professional judgement was made that another substantial body of other doctors would not have made and from this the House of Lords laid down standards that are expected of professional people. Could Hingis have reasonably foreseen that the tree would bring down the telephone lines? I think that as professionals they should have foreseen this. In The Wagon Mound case the op inion of the Privy Council was that a person is responsible only for consequences that could reasonably have been anticipated. Martina/Shane Martina was driving her car around the corner at speed when she hit Shane. Section 1 (1) of the Contributory Negligence Act 1945 says Where any person suffers damage as the result partly of his own fault and partly of the fault of any other person or persons, a claim in respect of that damage shall not be defeated by reason of the fault of the person suffering the damage, but the damages recoverable in respect thereof shall be reduced to such extent as the court thinks just and equitable having regard to the claimants share in the responsibility for the damage The fact that Shane would not have been in the road if Hingis Ltd did not make the telephone cables trail dangerously in the road. I feel that it is a little unfair to blame Martina completely for hitting Shane. In Gregory v Kelly (1979) the claimant was held to be contributory negligent when travelling in a car when he knew that the footbrake did not work. In this case it is clear that the claimant was contributory negligent but in our case it is not clear cut. On the other hand Martina owes a duty of care to other road users and pedestrians, and therefore could be liable regarding any lack of duty of care. As she was perhaps driving too fast and the incident was around a corner where she obviously could not see clearly around. Shane as the reasonable man faced with an emergency of a potential traffic accident, took an instinctive decision to lift the wires to the side of the road. Shane could be referenced to a rescue case in law called Cutler v United Dairies (London) (1933) in which the claimant was injured trying to help the driver of a milk float whose runaway horse had come to rest safely in a field. The court held that the danger was over by the time the claimant carried out his heroics. The horse as I see it is the equivalent of the wires on the road in our case. Volenti non fit injuria is a rule that means a person cannot usually sue for damages when he consented in the fi rst place to whatever it was that caused the damages. If someone willingly placed themselves in a position where they may be harmed, they cannot then sue if harm does in fact happen. It could be argued that Shane as someone with a pre-existing back condition go into the middle of the road to remove the wires? The volenti only applies to the risk which a reasonable person would consider them as having assumed by their actions. Rescuers are unlikely to be held volenti if they sue the person who originally created the danger. In Harrison v British Railways Board (1981) the court said that an injured rescuer could sue the person who created the danger. The rescuer was found to be contributory negligent for not following established work procedures. Conclusion My view is that Hingis is certainly negligent for the mismanaged work, but they could not have foreseen that a member of the public would run out into the road to remove the wires. Martina is negligent for not driving with due care and attention to other road users, as she should not have been driving to a speed which would not allow her time to stop if something or someone was in the way. For example it could have been a child which had run out in the road and she needed to stop quickly. Although Shane acted completely recklessly by removing the wires when a reasonable man may have just stopped the traffic and called for assistance. He could sue both Hingis and Martina which would lead to multiple tort feasers. If he was to sue only Hingis he would leave Hingis the choice to sue Martina for contributory negligence. QUESTION 2 Victor The building operations that disturb Victor in the early mornings and during the afternoon, when he is trying to give piano lessons are due to Montgomery construction Ltd carrying out renovation work on Davids house. This falls into a category of nuisance in the law of tort. This is the unlawful interference directly or in directly with a persons land. The interference must be within circumstances that a reasonable person cannot be expected to tolerate which is a very difficult and complex decision by the courts to reach. Nuisance has four different categories: Trespass Private nuisance Public nuisance Statutory nuisance Victors case is one of private nuisance as it is a neighbours property as outlined in the case of Spicer v Smee (1946) when the judge said Private nuisance arises out of a state of things on one mans land whereby his neighbours property is exposed to danger. A balance must be maintained between the right of the occupier to do what he likes with his own home, and the right of his neighbour not to be interfered with. In Christie v Davey (1893) Christie and Davey were neighbours. Christie was a music teacher that gave lessons and sometimes held musical parties. Davey objected to this, and retaliated by blowing whistles, banging on metal trays, shouting, and generally making a noise to disturb the music. An injunction was granted to Christie as Daveys conduct was purely malicious and was therefore unreasonable. In Andreae v Selfridge Co Ltd (1937) Selfridges failed to keep the noise and dust of building work to a minimum are were found negligent as they had conducted its operations in such a way noise and dust had interfered with the reasonable and comfortable occupation of Andreae on her premises. The contractor must take proper precautions, and see that the nuisance is reduced to a minimum as Andreae had suffered damages. If Victor can prove that his students are not having lessons with him due to the noise than m aybe he could have a case where he could claim damages to his business due to the building work noise as in the Andreae v Selfridge Co Ltd case. I think Victor is over sensitive because he would have a tuned ear to noise as a piano teacher. The majority of people would not be adversely affected by construction work to a neighbours property although they may be inconvenienced. The piano lessons in question are similar to the case McKinnon Industries v Walker (1951) where fumes from the defendants factory damaged delicate orchids. As the fumes would have damaged flowers of ordinary sensitivity there was a nuisance. The court ruled in favor of the plaintiff because his right to enjoy his land had been damaged and therefore could also claim protection for his more unusual and sensitive activities. The standard of tolerance is that of the normal neighbour but a plaintiff has a case in nuisance for damage even if he is abnormally sensitive. I conclude that the best Victor is likely to achieve in court is a restriction on the early morning working hours on the site. David and Montgomery Construction are not liable for the noise as a private nuisance. The work is temporary and the complainant is sensitive. Victor as a piano teacher seems to be over sensitive to noise and the noise is just a short term issue. Christine This falls under occupiers liability acts (OLA) 1957 and 1984 an occupier of premises owes a common duty of care to all lawful visitors. The definition of an occupier was discussed and clarified in Wheat v E Lacon (1966) when Lord Denning defined the occupier as a person who has sufficient control over the premises to the extent that he ought to realise that lack of care on his part can cause damage to lawful visitors. He said: Wherever a person has a sufficient degree of control over premises that he ought to realise that any failure on his part to use care may result in injury to a person coming lawfully there, then he is an Occupier and the person coming lawfully is his Visitor and the Occupier is under a duty to his Visitor to use reasonable care. In AMF International Ltd v Magnet Bowling Ltd (1968) the contractor was to provide and install valuable timber and other specialised bowling alley equipment. On July 21, 1964 an exceptionally heavy rainstorm flooded the build ing and the timber for the building work was seriously damaged. The court held that the contractor and the building owner were both occupiers of the building. In the OLA 1957 an occupier must be prepared for children to be less careful than adults (s2(3)(a)). Therefore, if an occupier admits children to the premises the child visitor must be reasonably safe as in Phipps v Rochester Corp (1955) the Defendant was not liable to a boy who fell into a trench while walking across open ground with his sister. This was not a breach of duty as reasonable parents will not permit young children to be sent into danger without protection. The OLA 1984 covers uninvited visitors or trespassers in (s.1(4)) it states that an occupier of premises owes a duty to another in of such a risk, the duty is to take such care as is reasonable in all the circumstances of the case to see that he does not suffer injury on the premises by reason of the danger concerned. In British Railways Board v Herrington (1972) the board was held liable for injuries to a six year old child who had been playing on the railway line. The House of Lords held that the occupier of the railway premises owed a duty of common humanity to the child. Until this case no duty of care was owed to trespassers. The Occupiers Liability Act 1984 was then extended after this to include a duty of care to trespassers). My advice to David and Montgomery Construction Ltd is that as one of them is the owner and the other is the builder they both are jointly occupiers of the premises and have control over the premises. Christine was a child trespasser who entered the building through an unglazed window. The site should have proper Heras fencing around it with all the correct signage for health and safety. The building itself should be fairly secure to stop trespass and for security. The window that Christine entered through should really have been boarded up. Referring back to the British Railways Board v Herrington case they could well be held liable for no duty of care to Christine. But it must be stated that the signage that is sufficient for adults is not good enough to apply to children. That is if a sign that states no trespassing for example is it considered inadequate for a child to understand and follow. Edgar Edgar was a lawful visitor to the site in question and under the OLA 1957 the occupier owes a common duty of care to him. Again both the contractor Montgomery and David may be considered to be the occupiers of the building. All visitors to sites are given an induction and told of all the health and safety risks on site. I feel Edgar should have been aware of the hazards on site after this and should take the necessary precautions associated with a building site. (s.2(4) OLA 1957 states: (a) where damage is caused to a visitor by a danger of which he had been warned by the occupier, the warning is not to be treated without more as absolving the occupier from liability, unless in all the circumstances it was enough to enable the visitor to be reasonably safe; and (b) where damage is caused to a visitor by a danger due to the faulty execution of any work of construction, maintenance or repair by an independent contractor employed by the occupier, the occupier is not to be treated without more as answerable for the danger if in all the circumstances he had acted reasonably in entrusting the work to an independent contractor and had taken such steps (if any) as he reasonably ought in order to satisfy himself that the contractor was competent and that the work had been properly done. I feel that wet plaster on the floor is not a sign of an incompetent tradesman but more of the nature of the job with plastering. Edgar was aware of the risks on site and any injuries sustained to him could be due to contributory negligence from lack of care. But if Edgar was on site without a site induction David and Montgomery could be held liable for duty of care to Edgar. QUESTION 3 The rule of Rylands v Fletcher (1868) is a tort of strict liability and was laid down from the case which caused harm by escapes from land used for hazardous purposes. The defendants employed a contractor to construct a reservoir on their land. When doing this water broke through the filled-in shaft of an abandoned coal mine and flooded connecting passageways into the plaintiffs active mine nearby. The defendants were held personally liable irrespective of fault. Judge Colin Blackburn said: We think that the true rule of law is, that the person who for his own purposes brings on his lands and collects and keeps there anything likely to do mischief if it escapes, must keep it at his peril, and, if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape. He can excuse himself by showing that the escape was owing to the Plaintiffs default; or perhaps, that the escape was the consequence of vis major, or the act of God; but a s nothing of this sort exits here, it is unnecessary to inquire what excuse would be sufficient. This rule opens up an opportunity for the courts to apply all liability upon the owner of the land who had not intended for the escape and or damage. It is a good example of a loophole that allows the independent contractor to get away with negligence and the owner of the land is held accountable for everything. Strict liability is imposed under the liability for fire and to a degree for animals. Defences can be: If the claimant has consented Default of the claimant Act of a stranger Act of God Statutory authority Rylands v Fletcher is very useful where the defendant has done everything that he could possibly do to stop something happening. Word count: 3282 Biography Brewer Consulting Extra hazardous liabilities [online] Available at: https://www.brewerconsulting.co.uk/cases/CJ9619NE.htm [accessed 9th May 2009] WordPress Duty of care in torts'[online] Available at: https://www.legal-history.com/?p=42 [accessed 9th May 2009] The K Zone Bolam v Friern Hospital [online] Available at: https://www.kevinboone.com/lawglos_BolamVFriernHospitalManagementCommittee1957.html [accessed 10th May 2009] Law teacher The tort of negligence [online] Available at: https://www.a-level-law.com/tort/Negligence/Flowchart.pdf [accessed 10th May 2009] Office of public sector information Law Reform (Contributory Negligence) Act 1945 (c.28) [online] Available at: https://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1945/cukpga_19450028_en_1 [accessed 14th May 2009] Swarb Nuisance 1930- 1959 [online] Available at: https://www.swarb.co.uk/lisc/Nuisn19301959.php [accessed 14th May 2009] Fenwick Elliott nuisance and the builder [online] Available at: https://www.fenwickelliott.co.uk/files/docs/articles/html/nuisance.htm [accessed 14th May 2009] Loughborough University IDENTIFICATION OF ENVIRONMENTAL RISKS [online] Available at: https://www2.ing.puc.cl/~icccon/abstracts/PDF/Track5/T5-P22.pdf [accessed 16th May 2009] Swarb Torts 1960-1969 [online] Available at: https://www.swarb.co.uk/lisc/TrtOt19601969.php [accessed 16th May 2009] Law teacher AMF International Ltd v Magnet Bowling Ltd [online] Available at: https://www.lawteacher.net/cases/neg15.htm/file-91.php [accessed 16th May 2009] Card,R. Murdoch, J. Murdoch,S.,2003. Estate management law. 3rd ed. New York: Oxford University Press. Askey,S. McLeod, I., 2006. Studying Law. 2nd ed. Hampshire: Palgrave Macmillan Paper 6041 (2002) General liability, CEM Paper 6042 (2002) Direct and indirect interference with land, CEM Paper 6043 (2002) Negligence, CEM Paper 6044 (2002) Defective premises, CEM Paper 6045 (2002) Breach of statutory duty, CEM Paper 6046 (2002) Strict liability, CEM Mullis,A. Oliphant,K. 2003. Torts 3rd ed. Hampshire: Palgrave Macmillan

Organic vs. Conventional Food - 1235 Words

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George Washington Father of a Nation Essay Example For Students

George Washington Father of a Nation Essay George Washington: Father of a NationA desolate wind swept over the American encampment at Valley Forge.Freezing temperatures and blinding snow storms accompanied by heartbreaking defeats had taken their toll on these young freedom fighters.The cry for freedom could no longer be heard over hunger pains and the freezing wind.One lone figure could be seen walking through the camp trying to re-ignite that fire in his dwindling troops who were huddled together for warmth.We can only wonder what words of encouragement George Washington told his men to keep their hopes alive that long hard winter of 1778.Whatever they were, they held an army together and inspired a young nation to go on and defeat the greatest power in the world at that time.Is it any wonder why the United States capital, a State, and hundreds of small towns and counties across the country are named in honor of one of the greatest men in our nations history, George Washington. Born on February 22, 1732 in Westmoreland Coun ty, Virginia, George Washington began his life on the family estate along the Potomac River.When George was a young boy he loved going to the home of his half brother Lawrence, a house called Mount Vernon. Lawrence had named the house and its farm, Mount Vernon, after his commanding officer, Admiral Edward Vernon of the British Navy. After the death of his father when he was only 11, Washington moved to Mount Vernon where his brother acted like a second father. George was privileged to grow up in Virginias higher society and was able to attend school unlike many children of that day. His last two years in school were devoted to engineering, geometry, trigonometry, and surveying. At age sixteen, in 1748, he was appointed a public surveyor. According to one authority, he was engaged to survey these wild territories for a doubloon a day, camping out for months in the forest, in peril from Indians and squatters. Actually it seems that the backwoodsmen and the Indians all liked him very much. Incidentally, his surveying knowledge came in handy much later when he was President. When George was nineteen he was made a Major in charge of one of the military districts into which the colony of Virginia was divided from handling attacks on the frontier by French and Indians. This was the real beginning of the seven-year French and Indian War. Two years later he was sent on a mission to the French, to find out just what their intentions were and to warn them off. This meant six hundred miles alone through the wilderness. However, for a young fellow of his build, experience, and aptitudes this was all in the days work and probably very enjoyable. In 1754 he commanded a regiment against the French, who had established themselves at Fort Duquesne (now Pittsburgh): but he was driven back by superior forces to Fort Necessity, the American stronghold, which he held as long as humanly possible before surrendering. Washington then accompanied General Braddock and led two regiments of volunteers against Fort Duquesne. In this campaign he received four bullet holes in his c oat and had two horses shot under him. Perhaps he was being saved for another time. Even though Braddock was killed, Washington was able to lead the rest of the Virginia troops to defeat the French troops. For doing this, Washington was promoted to coronal and appointed commander and chief of the Virginia militia. Assured that the Virginia frontier was safe from French attack, Washington left the army in 1758 and returned to Mount Vernon to restore his estate which he inherited after his brothers death in 1752. .u922b91c5512a203e21d8c3525fec4fdf , .u922b91c5512a203e21d8c3525fec4fdf .postImageUrl , .u922b91c5512a203e21d8c3525fec4fdf .centered-text-area { min-height: 80px; position: relative; } .u922b91c5512a203e21d8c3525fec4fdf , .u922b91c5512a203e21d8c3525fec4fdf:hover , .u922b91c5512a203e21d8c3525fec4fdf:visited , .u922b91c5512a203e21d8c3525fec4fdf:active { border:0!important; } .u922b91c5512a203e21d8c3525fec4fdf .clearfix:after { content: ""; display: table; clear: both; } .u922b91c5512a203e21d8c3525fec4fdf { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u922b91c5512a203e21d8c3525fec4fdf:active , .u922b91c5512a203e21d8c3525fec4fdf:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u922b91c5512a203e21d8c3525fec4fdf .centered-text-area { width: 100%; position: relative ; } .u922b91c5512a203e21d8c3525fec4fdf .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u922b91c5512a203e21d8c3525fec4fdf .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u922b91c5512a203e21d8c3525fec4fdf .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u922b91c5512a203e21d8c3525fec4fdf:hover .ctaButton { background-color: #34495E!important; } .u922b91c5512a203e21d8c3525fec4fdf .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u922b91c5512a203e21d8c3525fec4fdf .u922b91c5512a203e21d8c3525fec4fdf-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u922b91c5512a203e21d8c3525fec4fdf:after { content: ""; display: block; clear: both; } READ: A good man is hard to find EssayOn January 6, 1759 Washington was married to Martha Dandridge Custis, widow of Daniel Parke Custis.She had two children from the marriage to Parke, John Parke Custis and Martha Parke Custis, both of whom Washington legally adopted in 1761. He settled down with his new family to begin what he though would be a peaceful life of farming. However, this was not to be, because a developing country would have many other plans in store for George Washington. In 1774 Washington was one of the seven delegates selected from Virginia to the First Continental Congress. Washington along with 54 other delegates wrote a Declaration of Rights and Grievances which they sent to King George III of England in hopes to prevent a war. However, when the situation only got worse, a second Continental Congress was called in 1775.In St. Johns Church in Richmond delegates argued for and against the possibility of going to war with England. Washington knew that to gain independence a war would have to be fought. However, he also knew that the British would be a very hard adversary to defeat and therefore was very hesitant to go to war.Patric Henry did not agree as we can remember from his famous speech.I know not what course others may take, but as for me, give me liberty or give me death! Convincing many delegates soonthe outcome was inevitable.To vote was to go ahead and make plans for war, including the development of a Continental Army. On June 15, Washington was unanimously elected to be Commander and Chief of the colonial forces. Graciously he accepted and at age 43 Washington once again took on the role of service in fighting for a country which hadnt even been developed yet.The job however wasnt easy.The Continental Army consisted of untrained farmers, had no uniforms, and insufficient weapons.The only thing Washington had on his side was the common dream everyone shared for freedom. Washington took command of the troops and surrounded British-occupied Boston on July 3 retaking the city. The next few months he devoted to training the undisciplined 14,000-man army and trying to secure urgently needed powder and other supplies.Washington then moved his army to New York. Defeated there by the British he retreated to establish a defensive line north of New York City. In November he retreated again crossing the Hudson into New Jersey and then a month later crossed the Delaware to Pennsylvania. Washington was depressed by the Britishs easy victory for the occupancy of New York and northern New Jersey. However he knew he must be strong and move on. Crossing the icy Delaware on the night of Christmas, 1776 he captured Trento n New Jersey in a surprise attack the following morning. Then shortly after the turn of the year, he defeated British troops in a marvelous victory at Princeton.Washington was able to hold off the British and keep up moral over the next year until the French came to Americas aid.With help from French troops, Washington was able to take the offensive and eventually trapped Cornwallis at Yorktown. The British surrendered, and America was truly a free country. After the war many wanted to make Washington a king. He quickly shot down this idea for he knew that things would remain the same and the war would have been only a waist. Washington returned to Mount Vernon where he once again looked forward to a peaceful life. This, once again was not to be for in May 1787, Washington headed the Virginia delegation to the Constitutional Convention in Philadelphia. As the hero of the Revolutionary war he was unanimously elected presiding officer. His presence lent prestige to the proceedings, an d although he made few direct contributions, he generally supported the advocates of a strong central government.After the new Constitution was submitted to the states for ratification and became legally operative, he was once again unanimously elected for the first Presidency of the United States in 1789. .u3b27a6574bf4a9f6d898155764830d43 , .u3b27a6574bf4a9f6d898155764830d43 .postImageUrl , .u3b27a6574bf4a9f6d898155764830d43 .centered-text-area { min-height: 80px; position: relative; } .u3b27a6574bf4a9f6d898155764830d43 , .u3b27a6574bf4a9f6d898155764830d43:hover , .u3b27a6574bf4a9f6d898155764830d43:visited , .u3b27a6574bf4a9f6d898155764830d43:active { border:0!important; } .u3b27a6574bf4a9f6d898155764830d43 .clearfix:after { content: ""; display: table; clear: both; } .u3b27a6574bf4a9f6d898155764830d43 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u3b27a6574bf4a9f6d898155764830d43:active , .u3b27a6574bf4a9f6d898155764830d43:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u3b27a6574bf4a9f6d898155764830d43 .centered-text-area { width: 100%; position: relative ; } .u3b27a6574bf4a9f6d898155764830d43 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u3b27a6574bf4a9f6d898155764830d43 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u3b27a6574bf4a9f6d898155764830d43 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u3b27a6574bf4a9f6d898155764830d43:hover .ctaButton { background-color: #34495E!important; } .u3b27a6574bf4a9f6d898155764830d43 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u3b27a6574bf4a9f6d898155764830d43 .u3b27a6574bf4a9f6d898155764830d43-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u3b27a6574bf4a9f6d898155764830d43:after { content: ""; display: block; clear: both; } READ: Swimming Alone EssayTaking office (Apr. 30, 1789) in New York City, Washington acted carefully and deliberately. Aware of the need to build an executive structure that could accommodate future presidents he set out to do so. With his excellent surveying skills, he himself helped find the perfect place for the nations future capital, which was later ironically named after him, Washington, D.C. Washington was reelected president in 1792.He dwelt with several problems consisting from internal between his cabinet members Jefferson and Hamilton to external dealing with France and the French Revolution.By March 1797, when Washington left office, the countrys financial system was well established, the Indian threat east of the Mississippi had been largely eliminated, and Jays Treaty and Pinckneys Treaty (1795) with Spain had enlarged U.S. territory and removed serious diplomatic difficulties. Despite of all his success in office Washington was relieved when he was able to go home to his precious Mt. Vernon. Here he spent the rest of his days in the place he loved the most and saw the least. In mid-December, Washington contracted what was probably quinsy or acute laryngitis. He declined rapidly and died at his estate on Dec. 14, 1799 leaving behind only his wife Martha who died a few years later.George Washington contributed so much to our country.Leaving what he loved behind he gave up home and family to serve the country that needed him so much. Ironically although George Washington was the father of our country, he had no children of his own. Some might say he died alone with no one to carry on his family name and legacy.Not likely, because he gave so muc h, and took so little. Washington will be remembered throughout history as one of the most prominent leaders of our nations history. Bibliography: