Establishing The Presence Of Negligence †Myassignmenthelp.Com

Question: Whether A Breach Of Duty Of Care Took Place On Part Of Michelle, Or Not? Answer: Introducation In a case of negligence, party A owes a duty of care to party B, due to the proximity between the parties where the actions of one can impact the other, and when A undertakes such action, B is injured or harmed (Statsky, 2011). For establishing the presence of negligence, the injured harmed party has to show that a duty of care had been present, which had been contravened, and resulted in injury or harm, which was not too remote, reasonable foreseeability, and that there had been a direct causation between the injury and the breach of duty of care (Greene, 2013). A noteworthy case for making a case of negligence for showing presence of duty of care is Caparo Industries plc v Dickman [1990] 2 AC 605 where the court presented a threefold test where there is a need to show that the parties were in proximity for the actions of one to affect other, there has to be a reasonable foreseeability in the risk of harm, and there has to be justness for imposition of penalties on the defaulting party (Lunney and Oliphant, 2013). In the given case study, an intoxicated driver is bound to cause an accident, so there is a presence of reasonable foreseeability of risk of harm. The duty of care is care was owed by Michelle towards Rebecca as she was the driver of the care and owed a duty of care to drive carefully and without being intoxicated to her passenger Rebecca. Applying the case of Caparo Industries plc v Dickman, there was proximity between Rebecca being a passenger and Michelle being a driver. Reasonable foreseeability has already been shown, so applying penalties would be just in this case, thus fulfilling the threefold test. Hence, a duty of care was owed by Michelle to Rebecca. There is a need for establishing that after presence of duty of care, the same was violated. Donoghue v Stevenson [1932] UKHL 100 was a case in which the court denied the claim of the manufacturer that a duty of care was not present in this case due to the fact that the parties had proximity between them along with presence of the risk of harm was reasonably foreseeable. As this duty was failed, the manufacturer was asked to reimburse the plaintiff for their illness. This case clearly highlighted the different elements of negligence, which have to be present to show a case of negligence (Latimer, 2012). Michelle was supposed to take care while driving, but by Michelle being intoxicated and causing an accident; a case of negligence can be made by Rebecca against Michelle on the basis of Donoghue v Stevenson. The issues of proximity and foreseeability have already been established. The owed duty was breached when Michelle made the decision to drive in intoxicated condition. Hence, a breach of duty of care took place on part of Michelle. There is a need to show that the injury resulted from the breach of duty of care of the defendant, in terms that the injury was a direct result of the negligence of the plaintiff. There is also a need to prove that the injuries were substantial in nature and not too remote, as that would result in damages not being awarded as was seen in Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd [1961] UKPC 2, i.e., the Wagon Mound case (H2O, 2016). It is very clear from the case study that Rebecca was injured due to the breach of duty of care on part of Michelle, where she drover while being drunk. Also she sustained serious injuries so, unlike the Wagon Mound case, damages have to be awarded to her. Hence, the injuries were caused as a result of the actions undertaken by Michelle and these injuries were not too remote. Contributory negligence denotes the involvement of the plaintiff in the injury they receive due to the negligence of defendant (Dongen, 2014). In Froom v Butcher [1976] 1 QB 286, the amount of damages awarded to the plaintiff were reduced by 100 as the plaintiff was not wearing the seat belt when the accident occurred owing to the negligence of the defendant (Swarb, 2017). A claim can be made by Michelle for contributory negligence as Rebecca contributed to her injuries by accepting the ride. This would mean that the damages awarded to Rebecca would be brought down as was seen in Froom v Butcher. Though, there is no need of applying contributory negligence, as it would only reduce the damages partly. Conclusion Hence, Michelle can use contributory negligence as the defence; though, the same should not be made. Volenti non fit injuria is another defence used by the defendants which shows that the plaintiff voluntarily takes the risk when they clearly know that there is a presence of risk which can cause an injury (Turner, 2013). The cases which involve drunk driving highlight the diminished ability of the drivers as a result of intoxication and which results in an accident. In cases where a passenger accepts ride from a drunk driver, this defence can be used. Insurance Commissioner v Joyce [1948] HCA 17; (1948) 77 CLR 39 is a case where the passenger was aware of the fact that the driver was intoxicated and was inebriated due to intoxication. Yet, the passenger decided to undertake the services of this driver in a voluntary manner. Here, the High Court decided that negligence is not present as the driver had not breached the duty of care owed to the passengers due to the voluntary assumption of risk by the plaintiff (Jade, 2017). The presence of volenti non fit injuria in this case can be established with the help of Insurance Commissioner v Joyce. In this case, Rebecca clearly knew that Michelle had been intoxicated and yet she decided to take ride with her. Applying the decision given in quoted case, a breach of duty of care would not be established as Rebecca voluntary took the risk of harm. Hence, a claim by Rebecca against Michelle for negligence would fail owing to the voluntary assumption of risk. References Dongen, E.V. (2014) Contributory Negligence: A Historical and Comparative Study. Boston: Brill Nijhoff. Greene, B. (2013) Course Notes: Tort Law. Oxon: Routledge. H2O. (2016) Wagon Mound (No. 1) -- "The Oil in the Wharf Case". [Online] H2O. Available from: https://h2o.law.harvard.edu/collages/4919 [Accessed on: 14/09/17] Jade. (2017) Insurance Commissioner v Joyce. [Online] Jade. Available from: https://jade.io/article/64545 [Accessed on: 10/09/17] Latimer, P. (2012) Australian Business Law 2012. 31st ed. Sydney, NSW: CCH Australia Limited. Lunney, M., and Oliphant, K. (2013) Tort Law: Text and Materials. 5th ed. Oxford: Oxford University Press. Statsky, W.P. (2011) Essentials of Torts. 3rd ed. New York: Cengage Learning. Swarb. (2017) Froom v Butcher: CA 21 Jul 1975. [Online] Swarb. Available from: https://swarb.co.uk/froom-v-butcher-ca-21-jul-1975/ [Accessed on: 10/09/17] Turner, C. (2013) Unlocking Torts. 3rd ed. Oxon: Routledge.

The Homeless and Elderly Population free essay sample

The Homeless and Elderly Population BSHS 301 February 8, 2010 The Homeless Elderly Population As we seek pleasure, we often forget our purpose in life. We feed our egos as we like, but there is one thing that humans don’t know is that all of us have access to opportunities like those who think they have everything in life. But unfortunately not all of us are capable of seeing the poverty in our society. Not all homeless people chose to live in the streets or shelters, especially the elderly. If a person believes this, then their perception is ignorant and unaware. (Nancy Del Castillo, 2010) Homelessness is a global issue. The cause of homelessness is varied and most people ignore homelessness as if it should be normal to see it n contemporary society. The number of homelessness has been very high in the recent years. Our goal for those in the Human Services field is to promote awareness and compassion about homelessness in our society and the rest for the world by providing the real facts. We will write a custom essay sample on The Homeless and Elderly Population or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page It is heartless to remain in a cage of selfishness while our fellow human beings endure the pain of cold and lack of food, especially for the elderly population in which continue to be a forgotten population. As human beings, we are capable of much more. It is believed that the origin of homelessness is traced back during colonial America. As early as 1640, the English â€Å"vagrants† were listed as outcast individuals and the police were after them. The homeless people were regarded as â€Å"Sturdy beggars† in the mid eighteenth century and they were found in every corner of the colonial towns. The problem of homelessness at that period was a result of the King Philip’ War of 1675-1676 against the native people. Many colonies were driven out of their homes to see shelter in the forest. But as the war continue between the French and Indians, the securities of some families were threatened and forced many families to become refugees across the frontier areas like New England and New York. Homelessness is a complex social problem. According to the National Coalition for the Homeless in How Many People Experience Homelessness? (http://www. nationalhomeless. org/numbers. html, September 2002), one-half to three-quarters of a million people lack a place to sleep on any given night in the United States, and 3. million will be homeless at some time during the year. Social researchers—educators, sociologists, economists, and political scientists—have studied homelessness in the past and present and have determined that homelessness is caused by a combination of poverty, misfortune, illness, and behavior. Many people view homelessness as a fringe issue, affecting only certain kinds of people on the edges of society. This view does not reflect the changing demo graphics of homelessness in the United States, including a steady rise in homelessness among families with Children. Elderly homeless persons report being without shelter for far longer periods than younger individuals, with elder men reporting an average homeless episode lasting over 60 days, and younger episodes without a permanent shelter, some reporting homeless episodes of over two years, whereas younger men reported being homeless an average of 11 months (Hecht Coyle, 2001). This is likely due to less social support and the difficulty in either moving in with a roommate or living with family, often due to caretaking issues related to common age-related physical problems. The response to elders who are homeless must be vastly different due to all of the variables associated with their advanced age. One variable mentioned relates to the diminished capacity of the elderly in getting back on their feet by finding new employment opportunities or entering a reeducation program to enter a new career, thus the possibility of regaining financial independence is greatly diminished in the elderly population. Other issues affecting the elderly population includes their increased vulnerability both physically and psychologically, leaving them open to physical and financial victimization. Physical disability and illness are also complicated factors in meeting the needs of the elderly homeless population. One Night Count remains the largest community-organized count in the United States. Since 1980, SKCCH and Operation Nightwatch have organized the One Night Count of people who are without shelter. Over 900 volunteers, like me go out at 2:00 am counting the people sleeping outdoors in King County. We all go out with trained team leaders to pre-arranged areas in parts of Seattle, Bellevue, Kirkland, Redmond, Shoreline, Kenmore, Bothell, Woodinville, Kent, Federal Way, Renton, Auburn, and White Center. All together we counted 2,759 people living outside in King County. We counted children, adults, and seniors, some huddled in doorways, some sleeping in cars, others camped in green spaces or sheltered in makeshift campsites. One night count collected information from select hospitals about emergency room usage, and from Metro night owl buses operating throughout the county. The 2010 total number of people counted living on the streets of King County is 5% lower than the numbers counted in 2009. The unsheltered number released does not include the estimate 5,800 people staying in emergency shelter and transitional housing overnight. Working with the homeless population is a challenging as it is meaningful. Whether a homeless client is a grown man, and elder, a child, or entire family being homeless is traumatic, degrading, and for many actually terrifying as one’s foundation slips away without any sort of safety net to stop the fall. I see it every day; when I volunteer for the Catholic Community Service, HOME/ARISE shelter for men. But what I especially see if how many elderly I saw this weekend, somebody’s father, grandfather and great grandfather.

dianne day essays

dianne day essays Dianne Day isnt as famous as Mary Higgins Clark but she had a childhood similar to her. When she was a baby in Mississippi her father died. Dianne went on to live with her grandparents and they also were not a well-financed family. When Dianne was seven she rejoined her mother was now remarried. At age eight, a little more than a year after she reunited with her mother in San Francisco she wrote her first novel. It was thirty-five pages long. The inspiration for writing led to a B.A. in English which she acquired when she Graduated Stanford University. Next she married and moved to Massachusetts. Their Day had two sons. When Dianne got divorced she got a job teaching to support her two sons. Dianne didnt start writing until the younger of the two sons went to college. It didnt take Dianne quite as long as Higgins to get her worked published. After one rejection Days second novel was published. She wrote numerous novels under pseudonym. Dianne had two pen names, one was Madelyn Sanders and the other one was Diane Bane. Eventually in 1995 she released her first mystery novel, The Strange Files of Fremont Jones, and even used her real name, Dianne Day. The fictitious character Fremont life of moving around the US is like Diannes actual experiences. Like Day, Jones moves from east to San Francisco and then from San Francisco to Massachusetts. ...

The Parts of a Word

The Parts of a Word The Parts of a Word The Parts of a Word By Maeve Maddox A reader asks about the terms prefix, root, and suffix, and wonders how to distinguish them in a word. At the most basic level, words are made up of units of meaning called morphemes. A morpheme may be a recognizable word like tree, run, or button that cannot be broken down into smaller meaningful parts. A morpheme can represent meaning without being a word. For example, the prefix un- expresses the idea of negation. The suffix -ness, used to turn adjectives into abstract nouns, is a morpheme. The root struct, seen in structure and construct, is a morpheme that embodies the meaning of â€Å"to build,† but it cannot stand alone as an English word. A root is a word’s basic part and carries its fundamental meaning. In the word sadness, for example, the root is sad. Sometimes two roots combine to make one word, as in telephone, a combination of the morpheme tele, which relates to distance, and the morpheme phone, which relates to sound. Prefixes and suffixes belong to a set of morphemes called affixes. An affix is an element added to the base form or stem of a word to modify its meaning. Standard English makes use of two types of affix: prefixes and suffixes. A prefix is added at the beginning of a word. For example, the prefix re- is added to a root or a word to denote the idea of doing it again: return, renew, reconstruct. A suffix is added at the end of a word. Suffixes are of two kinds, derivational and inflectional. A derivational suffix changes the underlying meaning of the word; an inflectional suffix changes the tense of a verb or the number of a noun, or performs some other grammatical purpose. Some common derivational suffixes are, -er, -al, -ful, and -ize. The suffix -er added to a verb creates a person or object that performs the action of the verb: teach/teacher, walk/walker, kill/killer, compute/computer; -al and -ful change nouns into adjectives: accident/accidental, forget/forgetful; -ize changes a noun into a verb: terror/terrorize. Common inflectional suffixes are endings such as, –ed, -ly, -s, -s, -er, -ed, -es, -est, and -ing. Derivational endings are added to a root. For example, the word reconstruction is made up of the root struct, two prefixes, re- and con-, and a suffix, tion. (Because struct ends in t and tion begins with t, one of the ts had to go.) Inflectional endings are added to a stem, which is the entire word that the ending is being added to. In the words reconstructed and reconstructing, for example, the stem is reconstruct-. Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Grammar 101 category, check our popular posts, or choose a related post below:100 Exquisite AdjectivesPrecedent vs. PrecedenceDouble Possessive

Determine Career Options Essay Example | Topics and Well Written Essays - 1000 words

Determine Career Options - Essay Example From the results, the most favorable career choice for me is that of a medical technologist. This course not only enables me to be practical and independent in my studies, but it also enables me to apply flexibility and team work in my career. Apart from this, it enables me to work with different people thereby improving my knowledge. This paper analyses how my personality, as determined by MBTI and SII results, and my best career option, medical technologist go in tandem and how this will enable me realize success in future. My MBTI and SII results of self assessment reveal that I prefer having a balance of working in an independent manner and working with other people, depending on the prevailing circumstances. The score also suggests that I enjoy spending most of my day researching, and then later switch to interactive exercises like taking part in group discussions. The results further suggest that I have a preference of learning through experience instead of theorizing activitie s. The scores further indicate that I am flexible in the methods of farming in that I prefer to conduct learning in a laboratory setting, work study programs and internships instead of relying on the ancient classroom learning process. The MBTI results also indicate that I have a preference for leading other students in a variety of means. This includes leading student organizations or in other cases taking charge of class discussions or even being a contributing member in such scenarios. My score also suggests that I love exploring new adventures and experiences and being spontaneous in my dealings. It has also highlighted that I do enjoy academic courses and outdoor activities that trigger self reliance and risk taking. From the score, it is also evident that I love solving problems on my own and I love doing my accomplishments in an independent manner. The score also indicates that I may enjoy taking independent studies, online studies and various forms of independent field work. The career that interests me the most and suits my personality lies in the field of medicine as a medical technologist. The field of medical technology is a wide field which requires extensive practical sessions since it is responsible for coming up with disease diagnosis and care. It includes the radiology department where all forms of imaging are done so that doctors are able to come up with diagnoses of various ailments. Imaging includes X-rays, MRI scans, CT scans and ultra-sound. These require sophisticated items which entail a lot of practical sessions so as to come up with the best results. Another characteristic of this career is that it requires extensive experiments since it is a practical subject. Experts in medical technology are expected to continually practice because it is very easy to make an error during the treatment process ((Terence 67). Medical technology also entails various software and hardware procedures that are conducted in a hospital setting so that reco rds about patients are up to date. It also ensures that databases of health facilities are kept potent so that circulation of items and information about employee personnel is always available. This also requires many experiments since system analysts in medical centers are expected to continually test their databases so that they can up with the most

Titled Modern Portfolio Theory or Investment Management Essay

Titled Modern Portfolio Theory or Investment Management - Essay Example Thus, a portfolio may be defined as a combination of securities with varying risk and return characteristics which in turn contribute to the net worth of the investor. (Swisher, 2005) The topic of discussion in this paper is Modern Portfolio Theory or Investment Theory, which may be defined as the concepts that revolve around educating an investor regarding the steps that must be taken in order to develop a portfolio that will speak of rational choices and optimisation of financial resources. Before going any further, it is imperative to point out that investement brings a certain degree of speculation, especially in today's economic scenario where there has been a boom in the information transmission trends due to an increase in the number of people from various quarters flocking towards investing in portfolios. This paper will endeavor to study modern portfolio theory (MPT), in terms of its various elements like Markowitz diversification, the efficient frontier as well as concepts like the Capital Asset Pricing Model, better known as CAPM. The tools used in the course of application of these concepts include the Capital Market Line and the Security Market Line apart from alpha and beta coefficients which help measure mean, variance, risk and returns of the portfolio as a whole. To begin with, the paper will introduce the Modern Portfolio Theory as propounded by Harry Markowitz in the early 1950s, before moving on towards defining the elements like beta, risk and return that are concerned with the various concepts of Modern Portfolio like diversification and Capital Asset Pricing Model or CAPM. (Swisher, 2005) The intorduction of the key elements before discussing and analysing the actual concepts has been carried out so as to ensure that there is full understanding of the tools that will be used in the study of the Modern Portfolio Theory. The paper will progress through a series of headings that are relevant to introduce new topics. These topics are linked with each other through the tools like beta, risk, return, mean and variance, among others. There will illustrations in terms of formulae and diagrams for all sections of the paper. Markowitz and Modern Portfolio Theory Modern Portfolio Theory has come up a practical model for the measurement of the various trends affecting the portfolio market. As a body of concepts and tools, it is concerned with the identification of markets that have high return potential and those which have a heavy risk factor, so as to help the investor choose more wisely. At the same time, the modern portfolio theory also brings us face to face with the fact that it is equally concerned with varying combinations of assets to zero in on the favourable markets and customers. (Markowitz, 1952) Born in the year 1952, the modern portfolio theory was the brainchild of Harry Markowitz who recognised the need for a certain set of parameters within which the obvious diversification trends may be

Essay About Biology Essay Example for Free

Essay About Biology Essay Most people have to choose subjects that are necessary for there future jobs and concentrate on them. But there is always some secret desire to know more about some particular things. If I could study a subject that I have never had the opportunity to study I would choose â€Å"Anatomy† which is a branch of Biology . First , Studying Biology is important for a number of reasons, but in particular because it is used in every field. If we did not have a good understanding of Biology then nobody would be able to understand how bodies work, and how life on earth functions . Biology has many branches including : Anatomy – Astrobiology – Cryobiology -Entomology- Oceanography etc .. But I would like to choose Anatomy due to some reasons . Anatomy is the identification and description of the structures of living things. It is a branch of biology and medicine which can be divided into three branches : human anatomy, zootomy (animal anatomy), and phytotomy (plant anatomy). Studying â€Å"Anatomy â€Å" not only lets you see how the world around you and your body works, but why it works that way. It gives you the knowledge to look after your body and others around you , lets you understand things you might never have done before, and helps you to learn and understand the structures and functions of the major body systems. Also It allows us to build and improve technology that allows people to be cured from illnesses or diseases and allows a society to obtain better overall well-being and health. Finally , Without biology there would be no doct ors. There would be no hospitals and there would be no real way to help people with the problems that they experience with their body. It is because of the progression of biological studies that the worlds population is healthier than ever before. For this reason I think Its incredibly important for biology to continue being studied with its various branches in schools, universities , colleges and all over the world .