Torts law problem Essay Example | Topics and Well Written Essays - 1750 words

Torts law problem - Essay Example Based on this certificate, Rhett purchased the land. Later on when Rhett submitted his plans for construction of a residential subdivision, the Council rejected the proposal, on account of flood risk. Due to the refusal, and no other recourse left with Rhett, he had to sell his land to a local farmer at a substantial loss. Now from the facts above, it is quite clear that, there was injustice meted out to Rhett. Now, the problem that Rhett is facing has a solution in Law of Torts. Law of Torts is the field of law which deals civil harms that may be caused to a person. The concept of negligence is integral to the Law of Torts. The definition of negligence under tort law states that, â€Å"the breach of a legal duty to take care, resulting in damage to the claimant which was not desired by the defendant† [L.B. Curzon, Dictionary of Law]. Another popular definition states that, â€Å"Negligence is the omission to do something which a reasonable man, guided upon those consideratio ns which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do.† [Per Alderson B., Blyth v Birmingham Waterworks Co. (1856)]. From Lord Curzon’s definition, we understand that there are three important aspects to prove negligence, one being ‘legal duty to take care’, ‘breach of duty of care’ and the third one being ‘damages’. We will first understand the three ingredients of negligence, and then go on to observe whether the problem at hand actually amounts to negligence, and if so, what the recourse that Rhett has is in this given scenario. Now the duty of care essentially means that, every person owes a duty not to harm their neighbour, and reasonably foresee, whether there action may cause to the person. This principle was laid down in the landmark judgement of Donahue v Stevenson. Further in Capro v. Dickman, their primary components of Duty of Care were la id down. The judgement said that Harm must be (1) reasonably foreseeable (2) there must be a relationship of proximity between the plaintiff and defendant and (3) it must be 'fair, just and reasonable' to impose liability. Now as goes for the ‘first component’, we have to determine whether the Council clerk could reasonably foresee the harm he was about to cause Rhett. In this scenario, it can be reasonably assumed that the clerk knew that the whole and sole responsibility of running the background check on the said property was on him. He was also aware that, if there was any irregularity in the records, it was his duty to point out the Scarlette. Failure to do so, would result in great harm to the buyer of the land, as the buyer was solely depending upon the background check of the Council. Therefore, it is reasonable to assume that, the clerk was in a position to ascertain the kind of harm he would cause if he did not take the proper steps to give the proper backgrou nd check on the aforesaid land. So we are sure, that the first ground of Duty of Care exists. Moving on to the ‘second component’, i.e. the relationship of proximity between the plaintiff and the defendant. There was a definite relationship between Rhett and the Council clerk. Rhett had approached the Council clerk, to provide him with the background check on the said land. Therefore, Rhett was expecting the clerk to carry out his duties rightfully and perform the check for him. It was the clerk’

Pit Stop Case Report Study Example | Topics and Well Written Essays - 750 words

Pit Stop Report - Case Study Example Though the company was expecting to generate cash flows from the restructuring of the company, it had to incur $52 million cost due to the termination of the operating leases or due to the closure of the pit shops. The report is an attempt to analyze that the closure of the operations should be classified as discontinued operation, and to establish which procedure should be undertaken by the company in that situation. Closure of the Pit Store Auto World had two different segments: the Auto Boyz centre and the pit stop centers. The company submits their financial statements as per the US GAAP method. They followed the requirements as mentioned in the Financial Accounting Standards Board (FASB) standards. As per the FASB statement number 131, the company discloses its financial reporting about different statements (FASB, â€Å"Summary of Statement no. 131†). It has been found in the financial statements of the company that the company’s net sales and operating earnings ar e mentioned segment-wise. As per the FASB standard 146, the company also meets the criteria and it has to reveal the costs associated with the retirement or disposal of assets (FASB, â€Å"NEWS RELEASE 07/30/02†). ... flows after disposal and the cash flows can be classified as direct cash flows, then the operations cannot be referred to as discontinued operations. When the company is generating cash flows after disposal and the generated cash flows can be classified as indirect cash flows, then the operation can be called as discontinued operations. In the case of Auto World, the company is not generating cash flows which can be classified as direct cash flows, so the operation can be classified as discontinued cash flows (Jarnagin 36-37). Due to the closing of the pit stop shops, the company management estimated that the restructuring and other charges would be $52 million. The charges were due to the termination of the operating leases and also included some other costs. The accountants of the company should not include this cost as the cost in the segment of the pit stop centre because the cost is from the discontinued operation. So the accountants should include and disclose this cost in the income statement of the company for the next quarter. Recommendation The decision of the management is right as they want all of their services to be available under one roof, which will be more profitable for them and attractive to customers. To avoid the pre tax of $52 million, the company management should use the pit stop stores as stores including both the pit stop stores and the Auto Boyz centers. They should continue operating until the contract with the lessor is terminated, and then they can relocate their branch or extend the contract with the lessor. In this process they don’t have to incur the cost due to the termination of the operating lease, but they have to incur little cost due to the stoppage of operation and the relocation of stores. Conclusion Auto World has taken the

Outline week 4 Assignment Example | Topics and Well Written Essays - 250 words

Outline week 4 - Assignment Example Such incidences may include screening for malarial parasites in our blood. Tertiary interventions are procedures taken to reduce the impact caused by the disease after infection and hence reduce its lifespan or longevity. Such interventions may include using proper dosage for treatment of malaria and also using drugs in which malaria will not easily develop resistance against. B. Use of treated mosquito nets and vector control strategies targeted at the environment and indoor residual spraying with DDT have proved very successful in preventing mosquito bites. Use of protective clothing and larval control are very effective. Use of prophylaxis such as quinine, doxycline, mefloquine, and atovaquone has proved positive as secondary intervention measures (Bartoloni A, 2012). In terms of tertiary prevention, patients who treat the disease early prompt diagnosis and reduced complications have shown over 90% full recovery. C. There are opportunities to change the prevalence of malaria. There is need to continuously alter the use of chemoprophylaxis due to the ability of mosquitoes to develop genes which are resistant to drugs if given for a long time. Moreover, there is need to improve screening services as an intervention measure. Provision of knowledge and education to communities most affected is necessary as a way of fighting

Hamlet by Shakespeare Essay Example | Topics and Well Written Essays - 250 words

Hamlet by Shakespeare - Essay Example In his first soliloquy, he explains that he is unhappy about his mother marrying King Claudius, just with in a month after the death of his father .More over he does not trust King Claudius. At the same time Ophelia who is in love with young Hamlet is advised against this love affair by her father Lord Chamberlain Polonius as well as her brother Laertes, which makes Hamlet more unhappy. Young Hamlet meets his father’s ghost who tells him that he was killed by Claudius by poisoning. The ghost wants young Hamlet to take revenge for his death. The ghost asks him not to punish his mother for marrying King Claudius, for she will get judged and prosecuted by her own consciousness and in the heaven. Hamlet wants to take revenge on the king, but is fed up with the vanities and deceits of life. â€Å" To be, or not to be , that is the question : /Whether ‘ts nobler in the mind to suffer/ The slings and arrows of outrageous fortune/ Or to take arms against a sea of troubles/And b y opposing end them.† (Act 111, Scene1, 56-60) Meanwhile different theories arise regarding the strange behavior of young Hamlet. Hamlet had met Ophelia, badly dressed and left with out uttering much to her. Knowing this incident Polonius theorizes that Hamlet’s strange behavior is due to the rejection of him by Ophelia. Queen Gertrude believes that, it is the death of his father and her hurried marriage that is disturbing Hamlet.

The Divided Kingdom Essay Example | Topics and Well Written Essays - 2250 words

The Divided Kingdom - Essay Example In Samaria which was the capital of Israel at the time, people fed on their children (2 Kings 6:25-30). According to Collins, for both Judah and Israel, the offences against God were: idol worship, religious syncretism, desecration of the temple with idols, a litany of social and economic injustices and moral decadence. All these problems persisted because of Israel and Judah’s failure to listen to God’s word which came through the prophets. Bad leadership may also have exacerbated this unfortunate state of affairs. All the kings of Israel were not faithful to YHWH, while the bad kings in Judah were Rehoboam (930-913 BC), Abijam (913-911 BC), Jehoram (848-841 BC), Ahaziah (841 BC), Queen Athaliah (841-835 BC), Uzziah (781-740 BC), Manasseh (697-642 BC), Amon (642-640 BC), Jehoahaz (609 BC), Jehoiakim (609-598 BC), Jehoiachin (598-597 BC), Zedekiah (597-586 BC). The good kings of Judah were Asa (11-870 BC), Jehoshaphat (870-848 BC), Jehoash (835-796 BC), Amaziah (796-781 BC), Jotham (740-736 BC), Hezekiah (716-687 BC) and Josiah (640-609 BC) (Collins, 75). Question 2: The history outlined in 1 and 2 Kings is a theological history rather than an accurate accounting of events because therein, the authors were interested in giving an explanation for the division of Israel into two; the reason for the captivity; and hope for the future, rather than an accurate blow-by-blow chronicles of events. The Deuteronomistic History clearly shows that both Judah and Israel succumbed to unfaithfulness to YHWH, and that total destruction of both empires was the appropriate punishment. Again, there are those who trace Deuteronomistic History back to the Babylonian Exile of 585 BC, as the place and time of authorship. The gravity behind this standpoint is that the authors of these books may have been written out of retrospection, and not at the time the actual events contained in Deuteronomistic History materialised. This is to the effect that writing from memory may not be as detailed as a writing which may have been composed at the actual time an incident happened. While this absence of much specific detail may accost the books in Deuteronomistic History, it is not to be misconstrued as to mean contradiction. Instead, details such as exact timeframes and more details concerning Judah are characteristically missing from Deuteronomistic History. Being in Babylon, the authorship behind the Deuteronomistic History may have written to explain the reason behind God’s people being in exile, in lieu of giving a blow-by-blow account on the details which built up, in the run-up to the Exile. In another wavelength, other theorists such as Thomas Romer, a French scholar, have come to see a distinct party of authors who may have had different views (Raymond, 130). 3: David and Solomon as Both Good and Evil Kings Both David and Solomon are remembered simultaneously as both good and evil kings because their regimes were marked with faithfulness and u nfaithfulness to God. The good exploits David and Solomon exacted emanated from faithfulness to God, while their negative acts were are a result of their unfaithfulness to God. David’s goodness is exemplified in the fact that he is the only king, who presided over a united Israel, transported the Ark of the Covenant from Shiloh to Jerusalem, established Jerusalem as Israel’s capital, drove away Israel’s enemies from Jerusalem and Israel, extended mercy to Mephibosheth (the house

RECOMMENDATION ASSIGNMENT DESCRIPTION Essay Example | Topics and Well Written Essays - 2500 words

RECOMMENDATION ASSIGNMENT DESCRIPTION - Essay Example The main source for reference for this study is a 2003 World Bank endorsed report which provides facts about the practice. It also recommends possible interventions that can be taken by various stakeholders. One may ask whether   the responsibility of containing this evil be left only to governments. The main stakeholders such as employers, guardians, civil groups, labor authorities and governments have a mandate to collectively strategize on how to look and solve this issue once and for all. This is because if this does not happen the larger society will be in ruin as Larson (14) observes. Introduction Child labor is a nagging issue that is present in most developing countries. This is because of the fact that the policies and laws that govern labor are either too lenient or don’t exist at all. This can be traced back to the period when the world was in the Industrial revolution era according to Sailee Kale (1) who is a contributor to the issues that relate to labor. At thi s point in time, many industries were   constructed to manufacture commodities. Because the owners were keen to reduce the expenses that were originating from the inputs, they resolved to adopt cheap labor to maintain the desired profit levels. The main source for this labor was destitute children who could work for food and menial allowances. Such situations are reported by NGOs and the media on a daily basis in India and Africa where children toil the farms and manufacturing factories. The main cause of this situation as this study is going to highlight is poverty and ignorance. Faraaz Sidiqi a human labor consultant speaks widely on these issues and interventions that ought to be taken if the battle against child labor is to be won. Background Information According to Sidiqi (20) Africa and Asia account for more than 90% of the global child labor exploitation cases. This is because of the fact that they are developing at a unusually high rate. Countries in these regions have ag riculture and industrial sectors as the backbone for their economies. The two sectors are labor intensive meaning that they demand a high recruitment of workers to carry out menial jobs. Labor costs take the largest fraction of input expenses in any industry hence a constant search for cheaper supply by the owners. The available option for such labor is the children who are an easy target since they may not be aware of their rights. In the report that was investigating the trends of child labor from 1993-2003 by the World Bank, 22% of all workers in Africa and 15% in Asia were children. This can be a staggering revelation especially at this age and time when the world stresses on education for the future generations. The children working on massive farms or dungeons of factories miss education. The other issue on why the situation is prevalent in today’s society is the policy framework that exists in the affected countries. The laws that dictate labor in those countries are e ither too vague or are not implementable at all by the authorities as the report shows (67). Therefore, the starting point for solving this problem is through a thorough scrutiny of the laws that dictate how children and labor issues relate. This paper will expound on other probable causes of child labor and its associated effects. Later on, there will be a comprehensive look at recommended practices to change the aspect of child related labor. Causes of Child Labor Poverty and

Nursing informatics Essay Example | Topics and Well Written Essays - 2250 words

Nursing informatics - Essay Example The key aspect of integrated clinical systems is that they help health service providers gather and store health care related data as a part of the general workflow. In this scenario, an electronic health record system facilitates the health care service providers to get data for billing, the doctor to perceive developments in the efficiency of treatments, a medical researcher to examine the effectiveness of medicine in patients with co-morbidities and a nurse to report an unfavorable reaction. Additionally, an EHR system puts together data to deal with different requirements. The basic goal is to gather data once, then utilize it numerous times. The majority of commercial electronic health records join together data from the large subsidiary services or departments, such as laboratory, pharmacy and radiology, through a wide variety of health care actions (i.e. medication administration records [MAR], nursing plans and medical physician orders). In other words, the use of an EHR system is the next step in the continuous development of healthcare sector that can reinforce the link between healthcare service providers and patients, because the data, and the appropriate and timely accessibility of it, allow health service providers to provide better care and make better decisions ... personal information that is stored in EHRs can be: (TechTarget, 2011; Centers for Medicare & Medicaid Services, 2012; National Institutes of Health, 2006) Family history Contact information Allergies Insurance information Information regarding visits to health care specialists Immunization position Information regarding some conditions or diseases A list of medications Records of hospitalization Information regarding some surgeries or procedures performed What are Advantages of EMRs? Healthcare firms can save space by reducing paper work desired for hospitals, medical offices or insurance businesses. One more benefit of electronic health records is that they enable health care groups to organize health care services. In addition, the use of electronic health record systems can save a lot of time. Although faxing and email helps one doctor to obtain data and information from another laboratory or doctor, but for this they had to wait for a long time. But with EHRs, healthcare profess ionals can have immediate access to a patient’s details and data, such as lab tests, x-rays and details of recommendations or allergies, in this way they will be authorized to act right away, as a result saving a lot of precious time (Ellis-Christensen, 2012; Ausmed Education Pty Ltd. , 2012; Outlook Associates, 2010). Given below are some of major advantages of EHRs: (Ausmed Education Pty Ltd. , 2012) Improve communication among healthcare professionals Reduce repetition of information Information is accessible to healthcare professionals remotely All healthcare professionals can access same latest information Improve loyalty and reliability of healthcare Information less likely to be lost or destroyed (as it can happen in case of paperwork) Can more correctly store financial data