The Arena of Tort Liabilities-Free-Samples for Students-Myassignment

Question: Advise MacTools Ltd as to its legal position, citing relevant legal authority. Answer: Issue: The issue of the case is whether the company is liable to compensate the victims or not. Laws: The present case is based on the provision of contributory negligence and the provision of duty of care (Ferrara et al., 2016). These two provisions are tortuous in nature and are specifically defined under the arena of tort liabilities. Duty of care is a well known principle in the tort law and attracts the provision of the negligence (Barry, 2017). In the case of Donoghue v. Stevenson [1932] AC 562, it was held by the court that in case of negligence it is to be proved that the defendant had breached the duty of care and the causes damaged to another (Stewart Stuhmcke, 2014). In case of duty of negligence, Caparo test is to be applicable regarding the injury of person and property. In Vaughan v. Menlove (1837) 3 Bing N.C. 467, if there is an allegation made against the defendant and the allegation get proved, he will be liable for the breach of duty (McLachlan, 2013). The principle also laid down under the case of Donoghue v. Stevenson. Duty of care is a legal obligation to show certain reasonable care to a man that a prudent man would do at that position. It is the duty of a person to foresee the effects of the acts that are performed by him. The term contributory negligence is a part of the general defence system under the arena of the tort law. It determines the responsibility of the claimants regarding the accident and loss caused by him. It is a partial defence to the wrong doer regarding the acts performed by him. The provision of the contributory negligence has been proved in the case of Pitts v. Hunt [1990] 3 All ER 34, where it had been observed by the court of law that the claimant or the victim is also responsible for the accident and therefore unable to claim full amount of money from the defendant. The term is also applicable in the common law provision off Australia. In Astley v. Austrust Limited (2000) 197 CLR 1, it was observed by the High Court of Australia that where both the solicitor and the trustee company are liable for certain loss, both of them are liable regarding this. Application: The cases that are mentioned under the relevant law section applied on the present case and enlightened the provision of the specified parts of the Tort law (Fordham, 2013). Under the legal system of Australia, there are certain provision regarding the defence of the wrong doer and the provision of the contributory negligence is a part of it. The main objective of the provision is that where the victim himself is partly liable for the injury he suffers, the law bars him to claim full compensation from the defendant. An example of it is suppose a person cross the road negligently and hit by a car where the driver is also driving the car negligently, is barred by law to demand full amount of money. There is no particular rule mentioned under the law regarding the portion of compensation in the case. In the present case, MacTools Ltd. had manufactured certain power-drilling machine and one Mulan had lent the machine (Rajapakse, 2016). His wife Aurora used the machine without reading the instructions and used the machine not according to the rule mentioned in the instruction. This caused a serious injury to her. If the husband of the victim wanted to claim compensation from the company, law regarding the issue, as his wife is also partly liable for the damage caused to her, will bar him. The principle is observed in the case of Astley v. Austrust Limited (2000) 197 CLR . The provision regarding the duty of care is also applicable in this case. As per the principle laid down under the case of Donoghue v. Stevenson [1932] AC 562, it was held that every manufacturer owes certain duties to the customers and they should perform their work diligently. If they are failed to do so and if any damage occurred for the same, they will be liable for that. In this case, the company was aware that a short-circuit may happen if the product is used five minutes at a stretch but failed to take reasonable step regarding this. Therefore, the company is liable under the clause of duty of care (Cusimano Roberts, 2016). A power disconnection is also taken place regarding the disputed machine. Both the company and the victim is liable for the disconnection and the glass worker can claim damage from both of them. Conclusion: Therefore, it can be concluded that the manufacturing company is partly liable for the damages occurred to Aurora and the glass workers as per the necessary provision mentioned herein. References: Barry, C. (2017). Statutory modifications of contributory negligence at common law.Precedent (Sydney, NSW), (140), 12. Cusimano, G. S., Roberts, M. L. (2016). Contributory Negligence and Assumption of Risk.Alabama Tort Law,1. Ferrara, S. D., Baccino, E., Boscolo-Berto, R., Comand, G., Domenici, R., Hernndez-Cueto, C., ... Pinchi, V. (2016). International Guidelines on the Methods of Ascertainment of Personal Injury and Damage Under Civil-Tort Law. InPersonal Injury and Damage Ascertainment under Civil Law(pp. 583-602). Springer International Publishing. Fordham, M. (2013). Legislation and Case Notes: Contributory Negligence and the Disabled Claimant. McKendrick, E. (2014).Contract law: text, cases, and materials. Oxford University Press (UK). McLachlan, R. (2013). Deep and Persistent Disadvantage in Australia-Productivity Commission Staff Working Paper. Rajapakse, P. J. (2016). Contamination of food and drinks: Product liability in Australia.Deakin L. Rev.,21, 45. Stewart, P., Stuhmcke, A. (2014). Lacunae and litigants: A study of negligence cases in the high court of Australia in the first decade of the 21st century and beyond.Melb. UL Rev.,38, 151.

Philippine History and Culture Essay Example For Students

Philippine History and Culture Essay A suspension on artistic activity was prep Allen during the Japanese occupation. Ho ever, some visual artists still managed t o produce artworks based on the atrocities s brought by the wan Dominator Castanet, Demerit Diego, Disposed o Lorenz, Romeo Tableau, Gene Caber and o there. 941949 ; After the Japanese occupation, the art co immunity sprang back to life. Various the mess and styles were explored and pioneer red by Filipino artists who gained expire once abroad. ; Mural painting emerged, spearheaded by Carols Francisco, Art Association of the Ph lippies(PAP) was established in 1948. Asses ; The Philippines Art Gallery (RAG) founded with young modernists as the e leading figures_ Emergence of differ .NET schools of thought sass ; Most Of the artists in the asss contain nude to produce important works in t his period. Emergence Of different m events such as Peoples Art of Art for the Masses, Protest Art, Social Re alias, and the institutionalizing oft he National Artist Award(1972). Asses ; The period is characterized by a revive al of traditional art and ethnic art. Co Montgomery sculpture became an into garage part of buildings and parks. Asses ; New generation of painters, sculptors and printmakers expressing their per zonal feelings and expressions emerge De. Great art movement in Europe an d the Americas gained entry to the 10 cal scene such as installation art and experimental art. Galleries and muse mums were institutionalized spearhead inning activities in the cultural scene. 2000- Present ; Philippine art has come a long way, FRR mom the primitive ingenuity Of the Pile inns to the present avenue-garden art SST exploring all possible techniques and schools ranging from the tradition annalists, reprehensibilitys, abstracts monists, abstract expressionists, figure dive expressionists, non. Objectivism a ND other forms of -isms.

RITI DI PASSAGGIO E IL GRUPPO DEI PARI Essays -

RITI DI PASSAGGIO E IL GRUPPO DEI PARI Il grande protagonista dei riti d'inizio dell'adolescenza e il gruppo dei pari. - Distinguersi dai genitori La famiglia, pur cosi importante, non e il tutto del vita, e necessario imparare ad avere relazioni diverse da quelli che s'instaurano con i genitori. Presto i figli iniziano a porsi il problema non solo di comportarsi bene con papa e mamma ma anche, di essere accettati fuori della propria famiglia, di appartenere ad una comunita piu ampia di quella di casa propria. Nella prima adolescenza questo apprendimento avviene in primo luogo nella frequentazione dei pari. Infatti i momenti come il primo bacio, i primi approcci affettivi, la travolgente e travagliata passione adolescente, sono celebrate prevalentemente nel gruppo dei pari. Negli amici dei figli i genitori devono individuare qualcosa di "sacro", per questo non devono mai criticarli. -Identificarsi nella frequentazione Sentirsi appartenere ad un gruppo e un'esperienza fondamentale per lasciare le sicurezze familiari e affrontare l'inserimento in una societa complessa, vasta e competitiva. Il gruppo costituisce un'opportuna area di passaggio, un mondo interpersonale, vicino, vivibile, pari e fraterno, che bene si presta a "sostituire" la famiglia. L'intensita della relazione familiare e riversata sul gruppo. I riti popolari d'inizio rendevano il passaggio piu semplice, abbreviavano la fatica ed il dolore, risolvevano piu facilmente il compito della ricerca dell'identita. - Divertirsi Non si e automaticamente accettati in una compagnia; occorre esibire alcune competenze personali per esserne ammessi: la simpatia, la disponibilita al divertimento, la sincerita, il rispetto della parola data, la fedelta al gruppo. Decisamente meno importanti sono gli altri moventi dell'aggregazione, come i generi musicali, o anche le mode e i luoghi dell'incontro. Il primo e vero divertimento degli adolescenti e sentirsi bene come persona in mezzo a chi lo riconosce come persone (libere, autonome, singole, originali)

What Are the Wellesley Essay Sample and What Does it Include?

What Are the Wellesley Essay Sample and What Does it Include?The Wellesley essay sample is an outline or template that is used in the college admissions process. This is a very essential resource for anyone who wants to make sure that they are using the right format when writing their Wellesley essay.For anyone who is unsure of what to write, this Wellesley essay sample can prove to be an invaluable tool. It gives the student a set of guidelines and examples of proper and improper essays. There are many different types of essay examples and the main thing to remember is that you do not have to follow them all, but rather that there are going to be some guidelines that you will want to follow as well.The first guideline is to note that Wellesley does not evaluate the student's content of the essay. Instead, it is more of a template for the potential students to follow. This means that the student will need to write their own essay, as it were, and fill in the blanks where it is approp riate. They should also remember that this is not the place to create a masterpiece of a masterpiece.The second guideline is to look at the theme of the essay. One theme that is often used is the theme of how to succeed in life. Students can look at this to find out how to discuss different themes such as finding the right job, being healthy, or contributing to society.The third guideline is to note that the student can start off by mentioning a personal event or experience that they have had. In some cases, students may not want to talk about this in their Wellesley essay sample. However, they may feel strongly about sharing this.Next, students should know that there are several popular ones. The major ones are the following: giving birth, entering college, becoming a parent, taking the SAT or ACT test, having a child, graduation, and moving to Boston. There are also a few general themes that may apply to their lives. One of these is relationships and how the current state of their relationship with their parents affects their ability to be independent.The fourth guideline is to note that there are two categories that come before 'coming from a long time of failure'. The first category is failure in school or having a grade point average that is below a B. The second category is failure in the college application process.Overall, this Wellesley essay sample can be helpful when students are taking the first steps towards writing a well written Wellesley essay. They should be aware of the different types of essays that are acceptable and how to write a well-written essay.

Love In Midsummer Nights Dream Essays - Fiction, Theatre, Hermia

Love In Midsummer Night's Dream Essays - Fiction, Theatre, Hermia Love In Midsummer Night's Dream Love is something that will never be defined. No one knows what love is. When Egeus describes it as being feign, and cunning, he is, for the most part, corredt. Love can sneak on a person, or a person can sneak up on it. I can back the former from personal experience. Love can be truly cunning, and when it is, it hurts. For example, Hermia and Lysander have to make plans to elope because otherwise they cannot be together because of her father, Theseus. Theseus wants her to marry Demetrius because Theseus likes him better. This makes the love that Lysander and Hermia have for each other hurt more than love already should, and then puts them in danger when they decide to elope. Thus, love can be a problem. One solution to this would be for Lysander to challenge Demetrius to a duel, as was a custom in Shakespeares days. If Lysander won, then he and Hermia would no longer have to worry about him, and they could be wed. In this however, there is a problem in the solution. Love is one of t hose things where there is no real Gray Area. Many people know if they are or if they arent. Its something that just comes. Often at the wrong times, like when it is not returned. Love can be a blessing, though, when it is returned, and can lead to many years of joy and prosperity, as long as the love is respected. Often times though, love is deceitful, and can stop on a dime. There is no solution for that.

Compare and Contrast Two Books Essay Example | Topics and Well Written Essays - 1000 words

Compare and Contrast Two Books - Essay Example The workers were immigrants at the beginning of the twentieth century and are still immigrants today. Only their nationality has changed. A hundred years ago they were Eastern European and Caucasian. They emigrated from the then economically troubled nations of Hungary, Lithuania, Poland, Czechoslovakia, Romania, and Germany on board passenger ships traversing the Atlantic, travelling third-class or steerage. They entered the United States legally through the main immigration gateway at Ellis Island outside the New York harbor. Some of their number included children and younger women. (Sinclair, p. xxi) Today, they are of Latin origins, predominately Mexican, travelling, more often than not, illegally across the southern border of the United States on foot or by car, truck, or bus. And far more of their numbers are women than one hundred years ago. (Schlosser, www.mcspotlight.org/media/press/rollingstone2.html) The manner in which the workers live has also changed only on the surface, but the deeper characteristics of their lives remain a constant. The location of slaughterhouses in the nineteenth century began in the midst of large urban areas such as Chicago. (Sinclair, p. xxxiii) In the latter part of the twentieth century it was discovered that moving them closer to the feedlots was more economically efficient, and thus they are now located close to stockyards and feedlots in rural, agricultural areas of the United States. (Schlosser, web book) However, moving the workplace did not change the location or living conditions of the workers. One hundred years ago they lived â€Å"Back of the Yards†, in substandard housing within walking distance of the plants. The rancid odor of the plant and the thick acrid smoke of the factory smokestacks were their daily air supply. Organic waste was daily pumped into the Chicago River which also

Identification of Micro-Organisms Term Paper Example | Topics and Well Written Essays - 3000 words

Identification of Micro-Organisms - Term Paper Example As micro-organisms have a colorless natural state when viewed through a light microscope, the organisms must be stained in order to be visible. Staining imparts a color to the micro-organisms’ by the reaction of the dye with certain structures of the microorganism (Tortora, 2006, p69) A simple stain is alcohol or aqueous based solution of a singular basic dye and its main purpose is to highlight an entire micro-organism in order for its cellular shapes and basic structure to be observed under a microscope (Tortora, 2006, p69). In this experiment, methyl blue was used as the simple stain to view microbes obtained from cheek and tooth-scraping. The illustrations on page 3 under the heading ‘Scientific Drawing 2’ shows the images that were observed. Figures 1.5 at x400 magnification and 1.6 at x1000 are scientific drawings of the eukaryotic epithelium cells obtained from a human cheek. When viewed at x1000 magnification most of the internal structures of the cells got from the cheek could be seen under a light microscope. Figures 2.3 and 2.4 are scientific drawings of prokaryotic bacterial cells obtained from human teeth scrapings. The bacterial cells, which are approx 1Â µm in diameter, are much smaller in comparison to the human cheek cell and hence the internal structures could not be observed even at x1000 magnification. Unlike simple stains, differential stains react differently with each bacteria and therefore can be used to differentiate between each type of bacteria (Tortora, 2006, p69) The most commonly used differential stains are Gram stain and Acid fast stains and the staining procedures involve several steps. In this experiment, Gram stain was used to distinguish between gram positive and gram negative bacteria, taken from a vaginal and a urine specimen. Figures 3.1and 3.2 are scientific drawings of gram positive and gram negative bacteria respectively as viewed under a light microscope at x1000 magnification.