Should Floggin Be Brought Back Essays

Should Floggin Be Brought Back Essays Should Floggin Be Brought Back Essay Should Floggin Be Brought Back Essay Essay Topic: Op Ed Carmencita Gonzalez Professor Orzeck, Ph. D. English 102. 051 October 28, 2011 Should Flogging Be brought Back? Jeff Jacoby a columnist for the Boston Globe published an essay â€Å"Bring Back Flogging†, on the op-ed page on February 20, 1997. Jacoby states that flogging people is better than â€Å"Locking them up in cages. † (para. 4) He goes on to say that flogging will teach people moral and educational values, while â€Å"Prison is a graduate school of criminal studies. † (para. ) In the seventeenth century flogging was very famous among the Boston’s Puritans it was a punishment for people that were convicted of blasphemy, adultery, and other thing they felt was immortal and illegal. Jacoby then implement that being incarcerated is much more dangerous than being whipped because the violence in prison is outrageous, for example, rape, beatings, and murders. Nevertheless, Jacoby made some ridiculous statements in his article â€Å"Bring Back Floggingâ⠂¬  is filled of fallacy. First, Jacoby incorrectly states that â€Å"Imprisonment has become our penalty of choice for every offense in the criminal code† (para. 5) for violence and nonviolent crimes, on the other hand, Jacoby really need to take a course in criminal justice before he supplies invalid information. Imprisonment is base on the type the amount and type of crime someone commits.. For example, if a person commits a nonviolent crime like retail theft or protesting illegally then they are charge with a misdemeanor and are order to complete some type of community service or just pay a fine. On the contrary, in the seventeenth century if you were caught stealing they would probably cut your hand off and if you were could protesting they would probably whip you in front of the whole community. Does Jacoby every stop to think about how these people were probably traumatized emotional and physical? Then, Jacoby goes on to say how expensive it is to maintain these prisoners. He also claims that by locking them up we are teach them a lesson, in fact, it only makes them more cruel and savvy than when they first arrive In addition he said that â€Å" There is a certain cachet to doing time a stint in prison becomes a sign of manhood. (para. 8) Jacoby never stop to think about the inmate that learn their lesson and use their time to become educated and never come back. Yes it might cost tax payer a lot of money to keep these criminals locked up, but I rather pay whatever it cost to make sure I feel safe from real criminal that are locked up. Meanwhile back in the seventeenth ce ntury rapist and child molester where whipped and set free back into the community; furthermore, who would feel safe know that these people where just given a slap on the wrist and set free. Moreover, I strongly disagree with him stating that flogging young offender would teach them a lesson. Come on! Does this author realizes that in today society young offender are probably use to being beaten. Young people are beat in different ways and by different people for example, parents, sibling and bullies. There is a meth that young people adapt to beating or whips. Not only that it is proven that when a child or young person is constantly beat or whip they become more violent. Incredibly, what really drove me insane was when Jacoby state there are many prisoners that are at high risk for being beaten, rape, and murdered while incarcerated. I deeply disagree with that statement because he did not support us with accurate information on that topic. Flogging endangers the health of a human being, in addition, if flogging was brought back in today society beating and whipping would no longer intimidate anyone it would be punishment in itself Prison staff would take it upon themselves to illegal beat or whip prisoner. Government would also be involved. This is in human and we cannot allow this. Jeff Jacoby tries to discover the best way to punish law-breakers, but unfortunately, through too many false assumptions and incorrect theories, he fails. He fails to see the real value of imprisonment, the truth behind brutal and inhumane punishment, and the simple reality that violence only breeds further violence. In order to diminish crime and aggression in our society, government cannot use punishment that is in itself an example of brutality, but needs to take humane and reasonable steps in prevention and retribution of crime.

Adverse vs. Averse

Adverse vs. Averse Adverse vs. Averse Adverse vs. Averse By Mark Nichol Adverse and averse share the root verse, which stems from the Latin term vertere, meaning â€Å"to turn.† But their meanings are distinct and, taken literally, antonymic: Adverse, from the Latin word adversus (â€Å"turned toward, facing†), means â€Å"antagonistic†; the original term conjures of image of confrontation. Averse, meanwhile, comes from aversus (â€Å"turned away†) and means â€Å"strongly disinclined† or â€Å"strongly unfavorable to.† Other forms of adverse are adversary, meaning â€Å"opponent,† and adversity, referring to the quality of opposition. Adversary is also an adjective, but, perhaps because of confusion with the noun form of that word, adversarial came to prevail in that usage. Avert, meanwhile, is related to averse and means â€Å"to turn away, to avoid.† (Veer, though it has the same meaning, is unrelated; it’s from a Germanic word meaning â€Å"to slacken.†) A whole family of other words with the verse root exist: Converse means â€Å"the exact opposite† and has the noun and verb form convert, meaning â€Å"someone who turns† and â€Å"to turn,† respectively, and the noun form conversion, referring to the act of converting. Converse also means â€Å"to speak with someone† (to â€Å"turn† speech) and leads to the adjective conversant and the noun conversation. (The latter used to also mean â€Å"living together† or â€Å"having sexual relations.†) Diverse, originally divers, means â€Å"distinct† and is the parent of diversity, divergent, divert, and diversion. Extrovert, which means â€Å"turned outward,† is mirrored by the antonym introvert. (These also serve as noun forms.) Inverse means â€Å"turn about† or â€Å"turn over† and has the verb form invert and the noun form inversion. Obverse, meaning â€Å"turned toward,† is the opposite of reverse, â€Å"turned away,† which, unlike the more rarely used obverse, has a noun form, too: reversal. Perverse, which means â€Å"turned away (from what is correct),† has the noun forms pervert, for a person, and perversion, for the quality. Transverse means â€Å"turned across† (the rare noun form is transversal), and traverse means â€Å"to pass across.† Versus also ultimately derives from vertere by way of, well, versus. (The Old English suffix -weard, from which we derive -ward seen in toward, forward, and so on is akin to versus.) Other related words include verse (from the idea of â€Å"turning† from one line of verse to another), versed (â€Å"knowledgeable† literally, â€Å"one who knows verses,† with the connotation of one who â€Å"turns over† a subject of study), and versify, or â€Å"write verse.† Anniversary, meanwhile, literally means â€Å"year turning,† and universe, originally meaning â€Å"all together,† is derived from the words for â€Å"one† and â€Å"turn.† University, referring to a place of learning, stems from the idea of â€Å"whole,† with the connotation of â€Å"community.† (Varsity, an alteration of a shortening of university, denotes the primary group of athletes in any sport who represent a university or other school.) 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 Misused Words category, check our popular posts, or choose a related post below:Apply to, Apply for, and Apply with225 Foreign Phrases to Inspire YouAffect vs. Effect

Personal Leadership statement Example | Topics and Well Written Essays - 250 words

Leadership - Personal Statement Example By using these skills, characteristics and techniques, there is the ability to work more effectively with others in a company. There are a variety of benefits by looking at skills and characteristics of a transformational leader. If I focus on these attributes, then the openness, communication and the work as a team will be better to work with. This is combined with the ability for transformation to occur with openness and willingness to work with new ideas. With innovation and experimentation, there will be the ability to change the working environment and the approaches which are taken in the workspace. While this openness is important, I also believe it is important to create a sense of leadership by guiding and sticking with the goals and vision of the company. This is able to work as a guide while monitoring what types of innovation are used as well as what maintenance is required for the company. Mediating between these two aspects is one which not only provides transformation, but also offers guidance through various skills and characters that assists and supports the company. Gong, Y, JC Huang, JL Faith. (2009). â€Å"Employee Learning Orientation, Transformational Leadership, and Employee Creativity: The Mediating Role of Employee Creative Self – Efficacy.† The Academy of Management 31. Pieterse, AN, D Knippenberg. (2010). â€Å"Transformational and Transactional Leadership and Innovative Behavior: The Moderating Role of Psychological Empowerment.† Journal of Organizational Management 81

Urban forestry status of China Research Paper Example | Topics and Well Written Essays - 1250 words

Urban forestry status of China - Research Paper Example What is perhaps more disturbing is the fact that the people engaged in the destruction of forest lands for private and commercial economic construction see the latter as the most ideal definition of development for China (Konijnendijk, 2007). Consequently, the need for an urgent step to control the rate at which the beautiful green rain forest that nature gave to the people of China is being destroyed has been totally lost. As a result, China is now a victim of greenhouse gas emission, environmental warming and a very poor climate system that has made agriculture very difficult (Gao, 2003). To understand the state of urban forestry in China, the researcher will make use of document review method, which will entail a critique and review of various works of literature pertaining to the area of study. To do this effectively, there will be the construction of a literature log, which will comprise major themes about the study area where the researcher wants information. The literature log will therefore serve as the major material with which data will be collected for the study. The advantage that the literature log and the document review method offer is that it puts virtually no restriction on the researcher in terms of data collection. This means that the researcher can be as wide with data collection as possible. In this context however, an inclusion and exclusion criteria were set, defining the types of literature to include. For example, sources were to have been published not earlier than 2000. They should have been published in either Chinese or English, and they sh ould have a direct relation to urban forestry. Indeed, as people have a new desire for urbanization that is seen as the source of personal and national economic development, the most immediate action they are most likely to be engaged in is the felling of trees that made up the beautiful Chinese forestry canopy (Chinese Academy of Forestry Sciences & Huadong Normal

Coffee Industry Essay Example for Free

Coffee Industry Essay People usually drink coffee to stay up while awake at night, besides that many people rely on coffee to get their day started. According to the New England Journal of Medicine, â€Å"Drinking coffee can lead to a longer life†; however, many consumers have no idea of the impact of habits on their coffee and coffee farmers around the globe, ethical issues of consumers with the industry is not fair; but to coffee farmers, the issues are human rights violations and use of child labor issues need to be addressed. To remedy this situation, the fair trade will hopefully improve the living conditions of some of the poorest people in the world through certified value and the change in the consumers choice. Coffee is one of the most valuable commodities in the world, most of the farmers in the form of small retail and come from developing countries, although the majority of coffee sales are in the America and Europe many people around the world rely on coffee to work and have a better life; however, to producing quality coffee, farmers have to work very hard though farmers receive very little money and the inequity of the coffee producing companies when they sell coffee. Working conditions of farmers in the plantations are very different, although they work hard , but it paid for exploitation, for example , in Guatemala , coffee pickers to harvest 100 pounds to get the minimum wage $ 3 per day (The Problem with Fair Trade Coffee 2010),farmers have to work overtime and do not earn extra money, so farmers use child labor for the production of coffee to save money and use these chemicals effect of the human body in order for a fast development of coffee sale on the market. Moreover, using the chemicals and the development of the coffee industry adversely affect habitat and species decline. In addition, forests are cut down to coffee production affects the environment and soil erosion. According to World Wildlife Fund (WWF), â€Å"converting forest to tea and coffee agriculture can also create erosion and soil loss† (WWF 2010) ; yet the farmers have no choice and/or the opportunity to change. According to the International Coffee Organization or ICO â€Å"Coffee production in 2012 was 144 611 000 bags, mostly from less developed countries such as, Brazil 50 826 000 bags. Vietnam 22 000 000 bags and Indonesia 12 730 000 bags â€Å" (ICO 2013), though coffee production is highly ranked in the world, but farmers still do not get enough money to pay for life, for example, Vietnam in 2012, producing nearly 30 % of world coffee production but the turnover is only 10 % of the total trade value obtained from the global industry, the main reason is due to their ability to improve processing of value and coffee products are limited, coffee roasting plants in countries with rates lower than 10%, when farmers sells 1kg of coffee beans, farmers gets about 2 dollars or an average price of one cup of coffee oversea, yet 1 kg of coffee can make 50 cups. In addition, the links between farmers and enterprises are not strong, the lack of information on farmers markets, so farmers often extorted. Moreover, the risk of crop failure is the fear of the coffee growers. Most of the profits from coffee for export processing enterprises, coffee farmers only enjoy a small percentage. That has caused insecurity for farmers. Solution to this problem is the fair trade. According to Wikimedia, Fair trade coffee is coffee that is certified as having been produced and marketed to a stated set of standards. Many Customers pay a higher price when buying coffee with the certification logo or brand in the Belief Furniture , by doing so, they are helping farmers in the Third World . In particular, the fair trade coffee movement gives a reasonable price to the Farmers who were being a low wage labor exploitation. However, achieve certification of fair trade, farmers must meet several conditions of production as farmers have to meet a large variety of production standards : there are limits on the use of child labor , pesticides , herbicides , genetically modified products , etc. With these standards met, both consumers and farmers can benefit, with farmers getting the sufficient amount of money for their products, and the consumers getting their product knowing it’s safe to consume and has no effect on the producers financially or ethnically. These farmers must cooperate with businesses to produce the certified products, such amounts received will be higher and the lives of the farmers would be better. In addition, consumers should choose certified products in the supermarket or the market as this will support and will be helpful for farmers. In conclusion, fair trading is the way for farmers and coffee producers to get a higher amount, and will change lives for the better. Therefore farmers should choose fair trade to ensure benefits and consumers should choose products that have been certified to support the farmers. Reference * The problem with Fair Trade Coffee. * Retrieved August 30, 2013, from http://www. ssireview. org/articles/entry/the_problem_with_fair_trade_coffee * Coffee Production and Labor * Retrieved August 30, 2013, from http://www. organicconsumers. org/starbucks/coffeelabor. htm * Fair Trade Coffee * Retrieved August 30, 2013, from http://en. wikipedia. org/wiki/Fair_trade_coffee * International Coffee Organization- EXPORTING COUNTRIES: TOTAL PRODUCTION * Retrieved August 30, 2013, from http://www. ico. org/prices/po. htm * Health and effect of Coffee. * Retrieved August 30, 2013, from http://en. wikipedia. org/wiki/Health_effects_of_coffee * Environmental Impacts of Coffee and Tea Production * Retrieved September 2, 2013 from http://www. hellogreentomorrow. com/blog/2010/11/environmental-impacts-of-coffee-and-tea-production.

Dworkins Belief Of Preferential Treatment :: essays research papers

Dworkin's Belief of Preferential Treatment For many years, preferential treatment has been used to try to make up for past wrong-doings to minorities. There have been many cases tried over racial discrimination, with verdicts of both innocent and guilty. Ronald Dworkin attempts to argue that preferential treatment is socially useful and at the same time does not violate people's rights. This is wrong for many reasons; here I shall illustrate how preferential treatment hinders racial equality, violates people's rights, and can lead to a lower opinion toward a particular race. Dworkin believes that continuing preferential treatment will decrease racial consciousness and the importance of race. This is the total opposite of what truly happens. If a person were to consider America's past, as an example, he would see how racially diverse people were. Now look around. Just walking across any given area, groups of people of the same race are seen walking together. Most people do not notice this, but very rarely are groups of ethnically diverse people seen. Although there are no longer any laws stating that there must be a separation between different races, people still practice it unconsciously. Dworkin states that the long-term goal of preferential treatment "is to reduce the degree to which American society is overall a racially conscious society (294)." Preferential treatment does nothing of the sort. It was used widely in the past and still exists in some areas today. It has not reduced racial consciousness, but increased it by making people think more about how many spaces are reserved for their particular race. Instead, people should think of what their chances are of getting something on account of their personal knowledge over someone else's, not even considering their race as a factor. This is evident in a black's point of view of getting into the medical school of the University of California at Davis. Sixteen places are set aside just for blacks and other minorities, no matter how low their test scores are. That way, minorities don't even have to worry about competing with whites for a position. This does not, in any way, reduce racial consciousness by setting two tracks for admission to medical school, one for the minorities, and one for the majority. Mr. Dworkin supports the idea that preferential treatment does not violate people's rights. His argument is weak here because he attempts to prove this by saying that if two things do not violate people's rights, then neither does a third. The two things that supposedly do not violate rights are the denial of someone to medical school because of their age and because their test

A Sense Of Life Satisfaction Health And Social Care Essay

The survey of quality of life, self directed larning and issues of psychological, physical, societal and economic position in older grownups have been of import countries of research over the past few decennaries ( Maddox and Wiley, 1996 ) . Such researches have led to the development of schemes to maximise capacity and potency to cover with the jobs and procedures associated with ripening. At the same clip surveies of relationship between ego directed acquisition and geriatrics have been fuelled. Development of graduated tables like Self-Directed Learning Readiness Scale – SDLRS ( Guglielmino, 1997 ) which aim to measure the preparedness of a individual to self-learn hold well increased the attending in the field of gerontology instruction literature. Surveies by Hassan ( 1991 ) and McCoy ( 1992 ) reflect straight relative relationship between grownup ‘s age and impulse to command learning.A However, for the older grownups there have been no published histories to echo the comparing between the tonss of SDLRS and quality of life. Though Dowden ( 2008 ) laid down that larning attempts consequence in improved life quality, it is now of import to find relationship between steps of life quality and preparedness for autonomous acquisition. Therefore, the focal point of the paper would be to analyze such relationships.AProblem StatementAThe present probe is based on a double job as evident from the debut and subsequently supported by the reappraisal of literature. The job countries are listed below. Some older grownups through ego directed learning overcome hurdlings to keep their province of good being, while most other older grownups find themselves awkward to keep this province. Better apprehension of why merely a few older grownups opt for autonomous acquisition to fulfill their intrinsic demands. A Measures of quality of life and leaning to larn vary well among the old aged grownups and these discrepancies form the evidences of the job countries under survey. Validating a nexus between willingness on autonomous acquisition and life quality can so put down the foundations of utilizing self directed acquisition as a scheme to keep high province of good being in older grownups.APurpose/ObjectivesAThis paper will specifically concentrate on two wide aims based on the job countries. Furthermore, since, non much has been published about grownup ‘s ego directed acquisition, hence, the research intent will be completed by a 3rd aim. To find and analyze the assorted considerations and methods in analyzing autonomous acquisition. To analyze the relationship between avidity for acquisition and quality of life in older grownups. To analyze the relationship between older grownup ‘s demographic variables and extent of autonomous acquisition preparedness.HypothesissA The undermentioned hypotheses were constituted to steer the analysis of informations. There is a positive relationship between avidity for acquisition and quality of life. There is a important difference in autonomous acquisition preparedness and quality of life of institutionalised topics and community based sample. There is a important relationship between older grownup ‘s demographic variables and extent of autonomous acquisition preparedness.Definition of Key FootingsAQuality of Life – The World Health Organization defines Quality of life as â€Å" an person ‘s perceptual experience of their place in life in the context of the civilization and value systems in which they live and in relation to their ends, outlooks, criterions and concerns. It is a wide ranging construct affected in a complex manner by the individual ‘s physical wellness, psychological province, personal beliefs, societal relationships and their relationship to salient characteristics of their environment † ( Oort, 2005 ) . Older AdultA – for the intent of the survey, any individual above the age of 60 old ages is defined as an older grownup.AReappraisal of LiteratureA A Campbell ( 1991 ) stated that quality of life is a obscure term and can non be explained by a individual precise definition. While Kalish ( 1995 ) discussed four important constructs of quality of life in relation to geriatrics: A sense of life satisfaction at the present age A socially acknowledged manner of life for the senior citizens. A sense of felicity with one ‘s activities and societal position. Care of desirable activities of mid-life. ( p.60 )AA This reflects a important relationship between geriatrics and quality of life where quality of life is viewed as a â€Å" major constituent † of successful ripening ( Leonard, 1982 ) . Later, Larson ( 1998 ) associated successful aging with province of wellbeing and stated that the latter is a â€Å" positive emotionalism experienced by older individuals. † ( 1998, p. 109 ) . Therefore, quality of life can be viewed as one ‘s sense of psychosocial wellbeing. A Subsequently, to make off with the restrictions of unidimensional graduated tables of quality of life and the multidimensional Quaity of Life Index A -QLIA ( Neugarten, et Al. 1961 ) , Salamon and Conte ( 1991 ) published a new step of quality of life. An Indian version of the same viz. â€Å" Scale K – Quality of Life inA the Aged † ( SKQLE ) contains 25items in five long Likert subscales viz. , â€Å" positive ego construct † , â€Å" positive affectivity † , â€Å" prosecuting a meaningful life † , â€Å" conformance in achieved and desired ends † and â€Å" control over learning activities † and 15 points in three short subscales viz. , â€Å" societal interactions † , â€Å" physiological and psychosocial wellness † and â€Å" economic stableness † . ( Khullar and Rai, 2009 ) For the intent of the present survey SKQLE was employed for two grounds. It was standardised on the population under survey i.e. in the Indian context The factors of the graduated table can be linked to geriatric instruction literature and/or preparedness for ego directed acquisition. In the undermentioned subdivisions, the SKQLE, proposed for informations aggregation in this survey, is discussed in item. In 1971, Tough categorized the attacks to analyze self directed larning phenomena for older grownups as learning undertakings ( Tough, 1971 ) . Later it was categorized as qualitative or autonomous preparedness ( Passmore, 1986 ) . Evidence based research findings reflected a wide scope of parametric quantities like psychosocial factors significantly correlate with ego directed learning preparedness. Based on the debut, besides the survey of quality of life of older people in context to residential scene is basically relevant. Findingss suggest that quality of life is significantly better in community sample than in a sample from institutionalised and long term attention puting ( Wolk and Telleen, 1999 ) . Furthermore, they published that the degree of quality is determined by other correlatives of the residential scene of the older grownups.MethodologyThis subdivision includes a elaborate treatment on the methodological analysis proposed for intent of the present research.Research DesignAAn Ex station facto research design has been used for the present survey. A The survey will therefore affect informations aggregation on the two aforementioned variables and any differences determined will reflect the fluctuation of consequences in rating attempts in conformity to self directed larning preparedness tonss, gender, residential scenes, age, and quality of life tonss without any use from the research worker ‘s terminal.LocationA The research is conceptualized maintaining in head the population of old aged grownups in India. However, with respect to the fluctuations in socioeconomic position and other demographic elements, it is necessary to specify the survey scene. The survey, therefore, includes older grownups populating in two scenes. One, elderly in place scenes in Gomti Nagar, Lucknow, who require minimum support and receive attention and other in senior citizen ‘s Grih Seva Sansthan, Lucknow, who do non necessitate twenty-four hours attention and are largely retired and self prolonging citizens. This puting facilitates placing the two groups mentioned in the proposed survey and besides aids in informations aggregation.Population and Sampling PlanTo reflect upon the population, it was determined that 284 people of 60 old ages of age or older live in place scenes while 366 reside in the Grih Seva Sansthan ( institutionalised scene ) . A From both scenes, a entire random sample of 200 people will be drawn utilizing a random tabular array. The sample shall represent 100 people from each scene. This sample will guarantee a normal distribution of tonss in SKQLE and SDLRS because of a satisfactory cross subdivision of topics in footings of age, gender, socio-economic position and residential scenes. The information therefore obtained will assist statistical comparings for the declared hypotheses.AData Collection ProceduresTo mensurate an independent variable, a dependent variable and other moderator variables two instruments shall been employed in the proposed survey. The graduated tables shall be distributed personally by the research worker and the location helper. Explanations shall be provided to those necessitating farther elucidations on the signifier. After a hebdomad ‘s clip, the research worker and location helper shall roll up the signifiers from the sample and thank them for their co-operation.AIndependent VariableA – The independent variable under survey is the Quality of Life, which shall be measured utilizing the Scale K of Quality of Life in Elderly ( SKQLE ) . Dependent VariableA – Readiness for ego directed acquisition is the dependent variable in the proposed survey. Moderating VariablesA -A The present research includes three moderator variables- residential scene, gender and age.ToolsScale K – Quality of Life inA the Aged † ( SKQLE ) has been developed by Khullar and Rai ( 2009 ) . It is a self study stock list incorporating 43 points out of which 40 points are divided into short and long graduated tables, all concentrating on measuring of quality of life, as mentioned in the reappraisal of literature. The other three points assess the moderating variables. The manual shows the internal dependability coefficient of the graduated table as 0.93 while the trial retest dependability coefficient is 0.84. There is no reference the cogency of the graduated table. Give this restriction, SKQLE is still widely accepted owing to its high dependability coefficient and possible attack to mensurate the variables of quality of life. The Hindi interlingual rendition of Self Directed Learning Readiness Scale ( SDLRS ) has been employed in the proposed survey to mensurate the dependent variable. Guglielmino ( 1997 ) developed this graduated table to measure the perceptual experiences of the topics about the extent to which they possess attributes indispensable for ego directed acquisition. It is a 58-item Likert graduated table, with a reported dependability coefficient of.87 and a high internal and prognostic cogency.Datas AnalysisAFor the intent of analysis of informations, the hypotheses are shown in void signifier and different methods of analysis are proposed. There is no important relationship between avidity for acquisition and quality of life. There is no important difference in autonomous acquisition preparedness and quality of life of institutionalised topics and community based sample. There is no important difference in autonomous acquisition preparedness and quality of life in males and females. There is no important difference in autonomous acquisition preparedness and quality of life based on age. A The first hypothesis will be tested with a Pearson correlativity coefficient. The 2nd and 3rd hypotheses will be tested by chi-square, and 4th by t-test at.05 degree of significance. A corporate proving shall follow utilizing Analysis Of Variance ( ANOVA )ASignificance of the surveyThere have been extended surveies on the variables of quality of life and leaning for autonomous acquisition. But there have been no important surveies that have studied the two together and reported it in the context of older people. The research therefore proposed is important to set up a relationship between the two variables taking into history the extent to which the demographic variables act upon the preparedness for larning. It shall besides spread out the cognition base in context of older grownups as possible scholars. Schemes can be founded on its consequences to magnify the potency of older people to cover efficaciously with the jobs of old age and bettering quality of life.ARestrictionsAOwing to the heterogeneousness of the older population, certain sections might be overlooked or can non be included hence, the generalizability of the consequences of the survey remains geographically limited. The independent and dependent variable are non concrete concepts but subjective perceptual experiences about one ‘s accomplishments to add value to life, therefore the consequences of the survey may be affected by dysfunctional beliefs about oneself. In absence of information about the cogency of SKQLE, the survey faces a restriction of formalizing what the tool purports to mensurate. Though at that place in information about high dependability of the tool, merely future researches with other sample and tools may steer better cognition of the constructs being studied in the proposed research.

Common law Essay

A Tort is the French word for a â€Å"wrong.† A tort is a civil wrong. A civil wrong involves a breach of a duty owed to someone else, as opposed to criminal wrongdoing which involves a breach of a duty owed to society. Torts are civil wrongs other than breaches of contract and certain equitable wrongs. The law of torts law is a remainder category of civil wrongs once other wrongs are excluded. It covers a grab bag of legal cases comprising such disparate topics as auto accidents, false imprisonment, slander and libel, product liability (such as defectively designed consumer products), and environmental pollution (toxic torts). A person who suffers legal damage may be able to use tort law to receive damages (usually monetary compensation) from someone who is responsible or liable for those injuries. Generally speaking, tort law defines what is a legal injury and what is not. A person may be held liable (responsible to pay) for another’s injury caused by them. Torts can be classified in a number of different ways, one is to distinguish according to degree of fault, so that there are intentional torts, negligent torts, and strict liability torts. In much of the Western world, the measure of tort liability is negligence. If the injured party cannot prove that the person believed to have caused the injury acted with negligence (lack of reasonable care), at the very least, tort law will not compensate (pay) the victim. However, tort law also recognizes intentional (purposeful) torts and strict liability torts, which apply when the person accused of committing the tort satisfied certain standards of intent (meaning) and/or performed certain types of conduct. In tort law, injury is defined broadly. Injury does not just mean a physical injury, such as where Brenda was struck by a ball. Injuries in tort law reflect any invasion of any number of individual interests. This includes interests recognized in other areas of law, such as property rights. Actions for nuisance (annoying or hurting) and trespass (unlawful entering) of land can arise from interfering with rights in real property. Conversion law and trespass to chattels (personal property) can protect interference with movable property. Interests in prospective (possible future) economic advantages from signed agreements can also be injured and become the subject of tort actions. A number of situations caused by parties in a contractual (written agreement) relationship may still be tort rather than contract claims, such as breach of duties. Tort law may also be used to compensate (pay) for injuries to a number of other individual interests that are not recognized in property or contract law. This includes an interest in freedom from emotional distress, privacy interests, and reputation. These are protected by a number of torts such as Intentional infliction of emotional distress, privacy torts, and defamation/slander (destruction of a reputation). Defamation and privacy torts may, for example, allow a celebrity to sue a newspaper for publishing an untrue and harmful statement about him. Other protected interests include freedom of movement, protected by the intentional tort of false imprisonment which is when you are arrested without cause. The equivalent of tort in civil law jurisdictions is delict. The law of torts can be categorised as part of the law of obligations (duties), but unlike voluntarily assumed obligations (such as those of contract, or trust), the duties imposed by the law of torts apply to all those subject to the relevant jurisdiction. To behave in tortious manner is to harm another’s rights, body, property or other rights. One who commits a tortious act is called a tortfeasor. Law of torts consists of some general defense, which can be pleaded in the court of law to get justice. Types of general defenses 1) INEVITABLE ACCIDENTS[1]: The plea of inevitable accident is usually spoken of as a defense but is, strictly speaking, not a defense but only a denial of liability. For instance, in an action for bodily harm, the plaintiff has ordinarily to prove intent or negligence of the defendant; and if he fails to do so, his injury may be said to be an inevitable accident. The burden to prove plea of inevitable accident lies on the defendant and to establish the defense, the respondent will have to establish that accident could not have been avoided by exercise of ordinary care and caution. Ex: Ryland’s v Fletcher 2) MISTAKE[2]: Mistake of law is generally no defense to civil or criminal liability. Mistake of fact is a general defense under the IPC, but not to an action in tort. For instance, an officer who executes a warrant of arrest against the wrong man by mistake is not guilty of a crime, but he will be liable in an action for false imprisonment. Mistake would be an excuse only in those exceptional cases where an unlawful intent or motive is an essential ingredient in liability. Ex: Hollins v Fowler 3) EXERCISE OF COMMON RIGHTS[3]: This, like inevitable accident, is really nota defense but a denial of a breach of duty or violation of rights, as where the defendant builds on his land and shuts f the light of a new house of his neighbour or opens a new shop and ruins an older rival. The defense is necessary on the assumption that their is a general rule of liability for intentional harm. 4) VOLENTI NON FIT INJURIA[4]: It is also known as the defense of consent. Volenti non fit injuria[5] It is a Latin word which means â€Å"to a willing person, no injury is done† or â€Å"no injury is done to a person who consents†) is a common law doctrine which means that if someone willingly places themselves in a position where harm might result, knowing that some degree of harm might result, they cannot then sue if harm actually results. Volenti only applies to the risk which a reasonable person would consider them as having assumed by their actions; thus a boxer consents to being hit, and to the injuries that might be expected from being hit, but does not consent to (for example) his opponent striking him with an iron bar, or punching him outside the usual terms of boxing. Volenti is also known as a â€Å"voluntary assumption of risk.† In Law of Torts, Volenti non-fit injuria is an exception to liability in torts. It means: Where the sufferer is willing and has the knowledge , no injury is done. the precept that denotes that a person who knows and comprehends the peril and voluntarily exposes himself or herself to it, although not negligent in doing so, is regarded as engaging in an assumption of the risk and is precluded from a recovery for an injury ensuing there from. Volenti non fit iniuria (or injuria) (Latin: â€Å"to a willing person, injury is not done†) is a common law doctrine which states that if someone willingly places with proper knowledge themselves in a position where harm might result, they are not able to bring a claim against any damages from the other party in tort. Volenti only applies to the risk which a reasonable person would consider them as having assumed by their actions; thus a boxer consents to being hit, and to the injuries that might be expected from being hit, but does not consent to (for example) his opponent striking him with an iron bar, or punching him outside the usual terms of boxing. Or a person watching a cricket match getting hurt by the ball can be consented. No act is actionable as a tort at the suit of a person who has expressly or impliedly assented to it. In order to plead this defence, it is necessary that the plaintiff should have consented to physical risk or damage as well as to legal risk (i.e. he will get no remedy in law). ESSENTIAL CONDITIONS ââ€" ª Consent must be given freely ââ€" ª Consent must not have been given to an illegal act ââ€" ª Knowledge of risk is not the same thing as consent to run the risk OR 1. A voluntary 2. Agreement 3. Made in full knowledge of the nature and extent of the risk. 1.Voluntary The agreement must be voluntary and freely entered for the defence of Volenti non fit injuria to succeed. If the Claimant is not in a position to exercise free choice, the defence will not succeed. This element is most commonly seen in relation to employment relationships, rescuers and suicide. 2.Agreement The second requirement for the defence of Volenti non fit injuria is agreement. The agreement may be express or implied. An example of an express agreement would be where there exists a contractual term or notice. 3.Knowledge The Claimant must have knowledge of the full nature and extent of the risk that they ran. The test for this is subjective and not objective and in the context of an intoxicated Claimant, the question is whether the Claimant was so intoxicated that he was incapable of appreciating the nature of the risk. Volenti is sometimes described as the plaintiff â€Å"consenting to run a risk.† In this context, volenti can be distinguished from legal consent in that the latter can prevent some torts arising in the first place (for example, consent to a medical procedure prevents the procedure from being a trespass to the person, or consenting to a person visiting your land prevents them from being a trespasser). | | | | Volenti in English[6] In English tort law, volenti is a full defence, i.e. it fully exonerates the defendant who succeeds in proving it. The defence has two main elements: The claimant was fully aware of all the risks involved, including both the nature and the extent of the risk; and The claimant expressly (by his statement) or impliedly (by his actions) consented to waive all claims for damages. His knowledge of the risk is not sufficient: sciens non est. volens (â€Å"knowing is not volunteering†). His consent must be free and voluntary, i.e. not brought about by duress. If the relationship between the claimant and defendant is such that there is doubt as to whether the consent was truly voluntary, such as the relationship between workers and employers, the courts are unlikely to find volenti. It is not easy for a defendant to show both elements and therefore contributory negligence usually constitutes a better defence in many cases. Note however that contributory negligence is a partial defence , i.e. it usually leads to a reduction of payable damages rather than a full exclusion of liability. Also, the person consenting to an act may not always be negligent: a bungee jumper may take the greatest possible care not to be injured, and if he is, the defence available to the organiser of the event will be volenti, not contributory negligence. In the first case (decided before the Occupier’s Liability Act was passed), a girl who had trespassed on the railway was hit by a train. The House of Lords ruled that the fencing around the railway was adequate, and the girl had voluntarily accepted the risk by breaking through it. In the second case, a student who had broken into a closed swimming-pool and injured himself by diving into the shallow end was similarly held responsible for his own injuries. The third case involved a man who dived into a shallow lake, despite the presence of â€Å"No Swimming† signs; the signs were held to be an adequate warning. The defence of volenti is now excluded by statute where a passenger was injured as a result of agreeing to take a lift from a drunk car driver. However, in a well-known case of Morris v Murray [7][volenti was held to apply to a drunk passenger, who accepted a lift from a drunk pilot. The pilot died in the resulting crash and the passenger who was injured, sued his estate. Although he drove the pilot to the airfield (which was closed at the time) and helped him start the engine and tune the radio, he argued that he did not freely and voluntarily consent to the risk involved in flying. The Court of Appeal held that there was consent: the passenger was not so drunk as to fail to realise the risks of taking a lift from a drunk pilot, and his actions leading up to the flight demonstrated that he voluntarily accepted those risks. Rescuers For reasons of policy, the courts are reluctant to criticize the behavior of rescuers. A rescuer would not be considered volens if: He was acting to rescue persons or property endangered by the defendant’s negligence; He was acting under a compelling legal, social or moral duty; and His conduct in all circumstances was reasonable and a natural consequence of the defendant’s negligence. An example of such a case is Haynes v. Harwood[8], in which a policeman was able to recover damages after being injured restraining a bolting horse: he had a legal and moral duty to protect life and property and as such was not held to have been acting as a volunteer or giving willing consent to the action – it was his contractual obligation as an employee and police officer and moral necessity as a human being to do so, and not a wish to volunteer, which caused him to act. By contrast, in Cutler v. United Dairies [9]a man who was injured trying to restrain a horse was held to be v olens because in that case no human life was in immediate danger and he was not under any compelling duty to act. Unsuccessful attempts to rely on volenti: Examples of cases where a reliance on volenti was unsuccessful include: Nettleship v. Weston[10] Baker v T E Hopkins & Son Ltd[11]). In the first case, the plaintiff was an instructor who was injured while teaching the defendant to drive. The defence of volenti failed i.e. because the plaintiff specifically inquired if the defendant’s insurance covered him before agreeing to teach. In the second case, a doctor went in to try to rescue workmen who were caught in a well after having succumbed to noxious fumes. He did so despite being warned of the danger and told to wait until the fire brigade arrived. The doctor and the workmen all died. The court held that it would be â€Å"unseemly† to hold the doctor to have consented to the risk simply because he acted promptly and bravely in an attempt to save lives. Hall v. Brooklands Auto-Racing Club [12] The plaintiff paid to enter a motor-car race track to watch races on a track owned and managed by the defendants. On the evening the plaintiff was spectating, two of the race-cars collided near the barrier between the spectators and the track. The cars collided with the barrier and caused severe injury to the plaintiff and others. The defendants were held liable to pay damages by a jury who found that they had not taken reasonable precautions to protect spectators. On appeal by the defendant, it was held that there was no evidence to find the defendants had not taken reasonable precautions and that there was no obligation to ensure safety in all circumstances, just that reasonable precautions were taken. The defendant’s case was upheld. Wooldridge v Sumner [13] Facts The plaintiff, Mr. Wooldridge, who was a photographer at a horse race, was injured by the horse belonging to the defendant, Sumner, which was ridden in a competition by Sumner’s, who was a skilled and experienced horseman. 1 Judgment The Court of Appeal held that Sumner owed no duty of care to Wooldridge in this case. As a spectator, Wooldridge accepted the risks involved in a horserace he came to watch. As a reasonable participant in the race, which is a fast and competitive sport, the horseman was expected to concentrate on the race and not on the spectator. In the course of a fast moving competition such as this one, he could be expected to make errors of judgment. As long as the damage was not caused recklessly or deliberately, the participant in a race could not be held liable for the spectators’ injuries because he was not negligent, i.e. not in breach of his duty. Dann v. Hamilton [14] The Claimant was injured when she was a willing passenger in the car driven by the Mr. Hamilton. He had been drinking and the car was involved in a serious crash which killed him. In a claim for damages the Defendant raised the defence of volenti non fit injuria in that in accepting the lift knowing of his drunken condition she had voluntarily accepted the risk. Held: The defence was unsuccessful. The claimant was entitled to damages. Asquith J: â€Å"There may be cases in which the drunkenness of the driver at the material time is so extreme and so glaring that to accept a lift from him is like engaging in an intrinsically and obviously dangerous occupation, intermeddling with an unexploded bomb or walking on the edge of an unfenced cliff. It is not necessary to decide whether in such a case the maxim volenti non fit injuria would apply, for in the present case I find as a fact that the driver’s degree of intoxication fell short of this degree†. HAYNES v HARWOOD [15] facts The plaintiff, a police constable, was on duty inside a police station in a street in which, at the material time, were a large number of people, including children. Seeing the defendants’ runaway horses with a van attached coming down the street he rushed out and eventually stopped them, sustaining injuries in consequence, in respect of which he claimed damages. HELD 1) That on the evidence the defendants’ servant was guilty of negligence in leaving the horses unattended in a busy street. 2) that as the defendants must or ought to have contemplated that some one might attempt to stop the horses in an endeavour to prevent injury to life and limb, and as the police were under a general duty to intervene to protect life and property, the act of, and injuries to, the plaintiff were the natural and probable consequences of the defendants’ negligence. 3) That the maxim â€Å"volenti non fit injuria† did not apply to prevent the plaintiff recovering. . 1 Imperial Chemical Industries v Shatwell [16] Volenti non fit injuria, [Latin: no wrong is done to one who consents] The defense that the plaintiff consented to the injury or (more usually) to the risk of being injured. Facts The plaintiff and his brother were were certificated and experienced shotfirers employed by ICI Ltd in a quarry owned by the defendant company. Part of the brothers’ works included wiring up detonators and checking the electrical circuits. There was an old practice where a galvanometer was applied directly to each detonator for testing purposes. This practice was known to be dangerous and was outlawed by statutory regulation. The plaintiff claimed his brother was 50 per cent to blame for the explosion and the employer was vicariously liable. The plaintiff was awarded half of the total amount of damages. The defendant appealed. The Decision The plaintiff and his brother were both experts. They freely and voluntarily assumed the risk involved in using the galvanometer. There was no pressure from any other source. To the contrary, they were specifically warned about complying with the new safety regulations. The defence of volenti non-fit injuria will apply when there is true and free consent to the risk. Note (1) the employers not being themselves in breach of duty, any liability of theirs would be vicarious liability for the fault of J, and to such liability (whether for negligence or for breach of statutory duty) the principle volenti non fit injuria afforded a defence, where, as here, the facts showed that G and J knew and accepted the risk (albeit a remote risk) of testing in a way that contravened their employers’ instructions and the statutory regulations. (2) Each of them, G and J, (the brothers) emerged from their joint enterprise as author of his own injury, and neither should be regarded as having contributed a separate wrongful act injuring the other. The defence of volenti non fit injuria should be available where the employer is not himself in breach of statutory duty and is not vicariously in breach of any statutory duty through neglect of some person of superior rank to the plaintiff and whose commands the plaintiff is bound to obey, or who has some special and different duty of care. Nettleship v Weston [17] is an English Court of Appeal judgment dealing with the breach of duty in negligence claims. In this case the court had considered the question of the standard of care that should be applied to a learner driver, and whether it should be the same as is expected of an experienced driver. | | Facts Mr. Nettleship, the plaintiff, agreed to teach Mrs. Weston, the defendant, to drive in her husband’s car, after he had inquired the insurance policy. During one of the lessons, the defendant lost control of the car and caused an accident in which the plaintiff was injured. The defendant argued that the plaintiff was well aware of her lack of skill and that the court should make allowance for her since she could not be expected to drive like an experienced motorist. 3 Judgment The Court of Appeal, consisting of Lord Denning MR, Salmon LJ and Megaw LJ held that applying a lower standard to the learner driver because the instructor was aware of his inexperience would result in complicated shifting standards. It would imply, for example, that an inexperienced doctor owed his patient a lower standard of care if the patient was aware of his lack of experience. The standard of care for a learner driver would be the usual standard applied to drivers: that of an experienced and skilled driver. The policy consideration that played a role in this decision was that the learner driver was covered by insurance. Over the dissent of Megaw LJ, the Court of Appeal held that the instructor was also responsible for the accident as he was partially in control of the car and should only be able to recover half of his damages due to negligence. Able to recover half of his damages due to contributory negligence. Baker v T E Hopkins & Son Ltd[18] 1 Facts Two employees of the defendant company were overcome by carbon monoxide fumes in a well they were attempting to decontaminate. The plaintiff, a doctor, went in to try to rescue them even though he was warned of the fumes and told that the fire brigade was on the way. All the three men died. 2 Judgment The defendant company argued that the (the estate of) the plaintiff doctor should either not be compensated because the doctor knowingly accepted the risk he was taking or his damages would be reduced for contributory negligence. The Court of Appeal considered that such a suggestion was â€Å"ungracious† and that it was unseemly and irrational to say that a rescuer freely takes on the risks inherent in a rescue attempt. The doctor’s contributory negligence could only be recognized if he showed â€Å"a wholly unreasonable disregard for his own safety†. 3 Significance This case is one of the many in which the courts have refused to hold rescuers who have suffered in their rescue attempts to have negligently contributed to their injuries or accepted the risks involved in their rescue attempt. This applies to both amateur and professional rescuers, such as fire fighters (See Ogwo v. Tailor [19]) INDIAN CASES United India Insurance Co. Ltd. vs Guguloth Khana And Ors.[20] Facts:– On 23-5-1991 a lorry bearing No. AP 26-T-364 belonging to M/s. Amruthesh Transport Company started at Warangal with some load of groundnut oil cake to go to Anakapalle in Visakhapatnam. One Ch. Mallikarjun was engaged as driver of the said lorry. There was a comprehensive insurance policy for the lorry with the United India Insurance Company. When the lorry reached near Thorrur village on the way leading to Khammamm P.W.D. Road, several villagers were waiting on the road, due to lack of transport facility because of the assassination of Sri Rajiv Gandhi on the previous day (22-5-1991). Then, about 25 persons, including some children and women boarded the lorry. The lorry, after travelling about five kilometers from Thorrur village and reached near Mattedu village, the driver of the lorry applied sudden brakes whereby the lorry turned turtle, as a result of which twelve persons died on the spot and three more persons also died after they were taken to hospital. Ten persons sustained injuries. The claimants, either the injured or the legal heirs of the persons who died in the accident, have filed the O.Ps against the owner, driver and insurer of the lorry. Before the Motor Accidents Claims Tribunal, the driver of the lorry who was served with notices in the O.Ps remained ex parte. Before the Tribunal, owner of the lorry filed counter, denying the averments in the O.Ps, contending that the driver of the lorry was not responsible for the accident. It was contended that at the time of the accident, another lorry was coming in the opposite direction at high speed in a rash and negligent manner, and to avert accident, the driver of the lorry applied sudden brakes by taking the lorry to the extreme left side of the road. Due to bad condition of the road, the lorry turned turtle resulting in fatal road accident. He also contended that he has given strict instructions to the lorry drivers not to carry passengers on their lorries. Before the Tribunal, the present appellant-Insurance Company also filed counters admitting that the lorry involved in the accident was insured with it as a goods vehicle, in which passengers are not allowed to travel. It was contended that as per the conditions of insurance policy only six persons are authorized to travel in the lorry and that the persons who travelled in the lorry were unauthorized passengers. It was contended that even if for any reason it is considered that the deceased and injured are non-fare paying passengers, the liability of the Insurance Company is limited to Rs. 15,000/- in case of death and lesser amount for injuries. The Insurance Company disputed the quantum of compensation claimed in the O.Ps. by the respective claimants. Issues raised †¢ Whether the accident took place due to rash and/or negligent driving by respondent No. 1? †¢ To what compensation if any, the petitioners are entitled to and if so, against which of the respondents? †¢ To what relief ? Subsequently, the issues were recast as under: âž ¢ Whether the accident took place due to rash and/or negligent driving of the lorry by its driver Ch. Mallikarjun? âž ¢ Whether there were specific instructions issued to the drivers of the Transport Company that they should not carry passengers enroute and if so, on that ground that owner of the crime vehicle is not liable to pay the compensation in the claim petitions? âž ¢ Whether the third respondent Insurance Company is not liable to cover the risk of the deceased and injured involved in the accident under the terms of the Insurance policy, the copy of which is marked as Ex.B-1 along with the terms and conditions of the policy including Indian Motor Tariff marked as Ex. B-2? âž ¢ Whether the petitioners are entitled for compensation, if so, to what amount and from whom? âž ¢ To what relief? . Decision (a) On consideration of the oral and documentary evidence on record, the Tribunal held that the accident has taken place due to rash and negligent driving of the lorry by its driver. The Tribunal negatived the contention of the owner of the lorry that he is not liable to pay compensation. Basing on these two findings and the medical and documentary evidence available on record, different amounts of compensations were granted to the different claimants in the respective O.Ps, who are arrayed as respondents in the appeals. (b) Aggrieved by the same, the present appeals are filed by the Insurance Company. (c) The first contention advanced by the Counsel for the appellant-Insurance Company is that the injured/deceased who travelled in the lorry are unauthorized passengers in a goods vehicle and the insurance policy issued is for the goods vehicle and there is no reason to fasten the liability on the Insurance Company; it is a violation of policy conditions and there is no need to fix the liability against the present appellant-Insurance Company. (d) The second contention advanced by the Counsel for the appellant-Insurance Company is that the owner of the lorry got examined R.W. 1, Manager in the Transport Company, who stated that he was informed by the driver of the lorry that the injured/ deceased unauthorisedly entered the lorry, and the maxim/doctrine â€Å"volenti non fit injuria† applied to this case as they voluntarily entered into the lorry at their own risk and there is no reason to fasten liability on the Insurance Company. (e) In these cases, so far as the first contention of the Counsel for appellant that the claimants/respondents are travelling as a gratuitous passengers in a goods vehicle and not entitled for compensation and the Insurance Company is not liable to pay any such compensation, is concerned, it is contrary to the principle laid down by the Supreme Court in New India Assurance Company v. Shri Satpal Singh and Ors[21]. . In that case, the Supreme Court considering clause (ii) of proviso to Sub-section (1) of Section 95 of the Motor Vehicles Act, 1939 (Old Act) and Section 147 of the Motor Vehicles Act, 1988 (new Act), and noticing the absence of a similar clause in the new Act, held†Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦under the new Act an insurance policy covering third party risk is not required to exclude gratuitous passengers in a vehicle, no matter that the vehicle is of any type or class†. In view of the above ruling of the Supreme Court, there is no merit in the first contention of the appellant, that the injured/legal heirs of the deceased in these cases are not entitled to any compensation on the ground that they are gratuitous passengers, is without substance and the same is hereby rejected. . [i](f) Learned Counsel for the appellant-Insurance Company relied on the decision in V. Gangamma v. New India Assurance Co. wherein a learned Single Judge of this Court held that the Insurance Company is not liable to pay compensation to the dependants of the deceased persons who are travelling in the vehicle at the time of accident as trespassers and not as passengers. The facts of that case are entirely different from that of the facts in these appeals. In the case cited, the claimants were treated as passengers on the basis of evidence of R. W. 1 (the driver of the lorry therein), who categorically stated that the claimants-therein have forcibly entered into the lorry asking him to take them to particular place and threatened to beat him if he does not do so. In the present cases, there is no evidence to show that the claimants/deceased entered into the lorry forcibly with any threat to the driver of the lorry. So, the decision in Gangamma’s case (3 supra) is not applicable to the case on hand. The appeals was dismissed. BIBLIOGRAPHY †¢ Rmaswamy Ayers LAW OF TORTS 10th edn.(by A Lakshminath &M Ssridhar) †¢ Winfield and jodowiez, TORT WVH Jogers,7th edn. †¢ 1990] 3 All ER 801 ( Court of Appeal), †¢ [1935] 1 KB †¢ [1933] 2 KB 297 †¢ [1971] 3 All ER 581 (Court of Appeal †¢ [1959] 3 All ER 225 (Court of Appeal †¢ (1933) 1 KB 205 †¢ [1963] 2 QB 23 †¢ 1959] 3 All ER 225 (Court of Appeal †¢ [1988] AC 431). †¢ II (2001) ACC 392, 2001 (2) ALT 185 [1999] RD-SC 411 ———————– [1] Rmaswamy ayers LAW OF TORTS 10th edn.p.939(by A Lakshminath &M Ssridhar) [2] Rmaswamy ayers LAW OF TORTS 10th edn.p.940(by A Lakshminath &M Ssridhar) [3] Rmaswamy ayers LAW OF TORTS 10th edn.p.940(by A Lakshminath &M Ssridhar) [4] Rmaswamy ayers LAW OF TORTS 10th edn.p.940(by A Lakshminath &M Ssridhar) [5] Winfield and jodowiez,TORT WVH Jogers,7th edn.P.1057 [6] Winfield and jodowiez,TORT WVH Jogers,7th edn.P.1058 [7]1990] 3 All ER 801 ( Court of Appeal), [8] [1935] 1 KB 146 [9] [1933] 2 KB 297 [10] [1971] 3 All ER 581 (Court of Appeal [11] [1959] 3 All ER 225 (Court of Appeal [12] (1933) 1 KB 205 [13] [1963] 2 QB 23 [14] [1939] 1 KB 50 [15] [1935] 1 KB 146 [16] [1964] All ER 999 [17] [1971] 2 QB 691 [18] 1959] 3 All ER 225 (Court of Appeal [19] [1988] AC 431). [20] II (2001) ACC 392, 2001 (2) ALT 185 5 [21] [1999] RD-SC 411 ———————– ———————– |LAW OF TORTS |August 29 | | |2013 | |THIS RESEARCH PAPER BRINGS OUT THE APPLICATION OF VOLENTI NON FIT INJURIA, AS A | VOLENTI NON FIT INJURIA &CASES | |DEFENCE IN TORT LAW. | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |

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buy custom Anatomy of Evil essay In Anatomy of Evil, the author has clearly used his understanding of psychology and the human behavior to try to understand and explain in a well and clear manner the reasons why people commit acts that are considered to be evil by the society in general. He looks at such acts as murder, rape and violence and he explains why he thinks they happen and the factors that lead to their occurrence. He gives his findings from a scientific point of view as his analysis of the whole aspect of evil is based not on a particular case but several cases from which he makes his findings and this in scientific analysis gives a conclusive finding. In his book Dr. Stone uses detailed biographies from more than 600 perpetrators of crimes that are considered to be evil and he also conducts interviews with people who have been imprisoned due to crimes to try to understand, give more insight and explain the logic behind their actions. Some of the people he looks at in his book as he gives a history of violent acts include Charles Mason, Ted Bundy and Jeffrey Dahmer who are considered as high profile killers. The inclusion of the fore mentioned in his study reinforces his aim of wanting to find out the reasons behind their actions. With such information it is seen that Stones research is wide and broad. From his studies and interviews Stone manages to determine that those involved in atrocious crimes can be categorized into levels which reflect on their behaviors. He managed to create a 22- level hierarchy of evil behavior that could be used to rank the level of evil that has been committed by an individual. Though he creates a hierarchy of evil behavior, it is not clearly understood why he ranks evil because evil is evil. The hierarchy consists of such evil behaviors such as crimes of passion, sadistic torture, violent rape and murder. It also adds to it behaviors such as aggression, narcissistic tendencies and also psychopathic tendencies. In his hierarchy, Stone considers the taking of life through misperception or psychosis to be the lowest levels in the hierarchy and the highest levels he relates to serial homicides, murder and violent rape which he observed that the assailants tend to be sadistic and show no remorse. Using the created hierarchy by Stone, it is possible for one to have a clear understanding on the kind of evil behavior being exhibited by an assailant. This has been used by law enforcement agencies t understand the actions of the assailants and their behaviors and from such understanding it has made it possible to deal with people involved in heinous crimes. The act of Dr. Stone personally interviewing the deranged personalities, going through the whole process of interviewing emotionally disturbed people and even dangerous situations so that he would obtain the most informed logical views to the dysfunctional behavior of these people. This shows that in his research on the anatomy of evil, Dr. Stone went out of his way so as to be able to give findings which are well informed rather than based on hypothetical and theoretical views which for a long time have been used to explain and understand the evil behavior of these perpetrators of such heinous acts. Other than only focusing on the reasons for explaining such evil behavior, he also looks at the human experience of behaviors such as anger, resentment, confusion, pain and violent lashing. He is able to show that such evil behaviors are in a way connected to human experience as he explains that some people commit dreadful acts due to anger as it tends to cloud a persons judgment. In the book, Stone discusses some of his findings which would in a way help to explain the causes of evil. Some of the facts he puts forth that might lead people to commit despicable crimes include heredity, adverse environments, violence prone cultures, mental illness and abuse of mind altering drugs such as anti-depressants. In his study, most of his respondents, those who committed the crimes were found to be of a sound mind and therefore the mentioning of mental illness cannot be exactly expected to be the cause of evil as it is medically proven that mental illness can cloud a persons judgment and also affect his logic ability. In addition, severe head injury reduces ones inhibitions. This case is noted in the book when he mentioned the story on Charles Whitman. It was determined later that Whitman had a brain tumor in the region of the brain that controls emotion. Such an example is not appropriately used because his case was a profound medical condition. We observe in the book according to Stone, characteristics of violent criminals can be traced back to their childhood and also in their youths. He explained such behaviors to be observed in the way they commit violence against their animals, petty crimes and even arson attacks. He further observes that when in theiir adulthood, these people turn violent against their human counterparts. Such was due to those children growing up unloved, unwanted or even abused. Though he supports his claims on causes of evil, he still believes that it is possible to have a society that can be free of evil behavior by predicting that signs of evil behavior can be corrected while still in childhood before potentially dangerous patterns become entrenched. From Stones findings, some of these people with evil behavior do not exhibit psychotic behavior but have a charm that they use to manipulate others into doing what they want thus leading people to become their victims by luring them. Stones book can be read by any person who has an interest in reading and psychology studies but it is a good book for those who are doing or studying forensic psychology as it gives an understanding of people said to commit heinous crimes such as murder, violent rape and suicide. In the book, Stone also talks about the latest scientific research into pathology and the minds of those people involved in such despicable acts. He does explore the fact on the causes of evil by giving short details on known killers but does not focus on them in totality as killers are just a small part of the whole anatomy of evil. Even though he gives small accounts of these perpetrators, the book to some extent appears to be a horrendous book due to the imagery he uses to give an account of the crimes committed by these people with evil behavior. Though the idea of the whole book is well brought out, the arranging of ideas in the book was somehow confusing as there was no structure in writing the arguments in the book and the book contained errors such as typing ones which seem to have been ignored by the editor. Another issue with the book is that the definition of evil and the causes of evil are not clearly defined because even with the use of illustrations by the author from past crimes, evil is not clearly defined. Furthermore, it raises the question if stating that mental illness is a factor to evil behavior is correct. In conclusion, the book carries with it a great explanation to something that people dont usually ask or get involved in but it has not sufficiently dealt with the issues as suggested by the title as the author is seen to mainly give brief stories on evil crimes perpetrated by individuals making the book look like a compilation of stories. Buy custom Anatomy of Evil essay

6 steps to set yourself up for career success

6 steps to set yourself up for career success Do you want to set yourself up for success? Of course, you do- we all want that- most of us strive for happy, successful lives. However, what success means to each of us is a unique and individual thing, based on our specific desires and goals. It also changes over time for each of us- your professional goals and metrics for success when you’re at the beginning of your career path will probably look different than when you’re older and further along in your journey. Forbes recently published an article that highlights some helpful actions that you can take to achieve career success. According to the article, â€Å"no matter what your professional goals and visions are, there are six core actions that will support you to achieve greater success and fulfillment over the long arch of your professional life.†Consider taking advantage of these strategies to set yourself up for a successful future.Make a solid plan.If you want to achieve some measure of career success in your life, you first have to have a clearly discernible and measurable goal to pursue. There’s nothing more dispiriting and unmotivating than a directionless future. Defining a clear goal for yourself- one that will potentially deliver happiness and fulfillment when reached- will help you gain a healthy measure of clarity and allow you to carve out the steps necessary to achieve it.Don’t be afraid to set a specific goal out of fear that you’ll be handcuffed to it forever. Remember, your goals will likely change over time and across the span of your career. Also, don’t be afraid to fail- a life well lived often contains a series of successes and failures. The goal is to learn from both and take these valuable lessons to help guide you towards future success.Transform your depression.Depression can stop all forward progress in your life dead in its tracks. The Forbes article discusses making the effort to turn your depression into inspiration in order to get yourself back on the path to success: â€Å"This is a vitally important endeavor- to move away from feeling desperate, victimized and out of control in the face of your professional challenges.  The key is to learn how to be more accountable, responsible and capable- viewing what’s happening as a way for you to learn and grow.†There is never a time when things will always go your way. You are going to face setbacks and failures throughout your life, and despite your best efforts they can drag you down into a funk. Fight against it the best you can. Assess why you’re down, what went wrong, and how to avoid the same situation in the future. Make a plan about how you’ll climb out of your sadness and self-doubt. Action gives you control, which can make the skies seem a little clearer.Enforce boundaries.Once you have set a clear path towards success for yourself, it’s up to you to set and enforce boundaries that will allow you to keep on track. K eep away habits, people, and behaviors that will only drag you down. Depending on your goals, these boundaries will comprise your personal â€Å"mission statement†- capturing the priorities and steps needed for you to learn, grow, and move forward toward career success. It will also clarify things to avoid along the way- those unhealthy and negative things that only serve to derail your progress. In all areas of life, boundaries help us stay on track and reach our desired destination- use them to your full advantage and don’t be shy about sticking up for yourself and what you need.Commit yourself fully.Achieving your professional goals can be a real challenge- in addition to intense competition and hard work, there are a variety of unforeseen setbacks and obstacles that can potentially throw you off track along the way. Even the luckiest and most successful among us face these challenges- the key difference between those who eventually achieve success and those who giv e up before they reach their goals is often commitment. Put in those extra hours. When you fail, try again. When you get rejected, apply somewhere else. Keep your plan and goal in mind and don’t stop when you veer off course- and you  will veer off course, so plan on it.Learn how to communicate with power.Your voice can be a powerful tool as you advocate for yourself in the professional world. Successful individuals in all walks of like make sure they are clearly and confidently articulating their ideas, thoughts, visions, and goals to the world around them, and are constantly their own best advocates, striving to create positive outcomes whenever possible. As you travel along your path to success, make sure you follow the same mindset.Maintain strong connections.Although we each strive to be the architect of our own successful future, we must admit that none of us operate in isolation- we are all part of a collective of individuals whom we support and draw support from, an d nurturing these relationships is often a crucial step towards achieving success. According to the Forbes article, â€Å"†¦highly successful professionals understand that they cannot achieve their visions alone or in a vacuum.  They invest time and energy in building mutually-beneficial relationships, and solid bonds and energizing partnerships that last over time.† On your journey to success, be sure to recognize, value, and take care of these important relationships- and build new ones along the way.If you’re relatively new to the world of work and are in the early stages of your career path, consider following these helpful guidelines to help you either define what a successful future looks like for you, or to help you achieve the goals you have set for yourself and find success. Good luck!

Compensation Practice Essay Example | Topics and Well Written Essays - 1500 words - 1

Compensation Practice - Essay Example In order to keep low charges, the company decreases costs by the use of innovative electronic technology and warehousing. It also negotiates contracts for produce straight from manufacturers, eliminating the middleman. Wal-Mart incorporated in 1969 and became Wal-Mart Stores, Inc. In 1972, Wal-Mart was added to list of companies on the New York Stock Exchange, and it is the grocery retailer in the United States. Wal-Mart provides general produce: family attire, health and beauty assistances, electronics, toys, fabrics, crafts, lawn & garden, jewelry and shoes. Wal- mart runs a pharmacy department, Tire and Lube Express, and Photo processing center (Foley et al, 2000). Compensation strategies of Wal-Mart Inc., best practices they are applying, and compensation-related challenges they are facing. Effective compensation systems attract and retain qualified workers motivates employees, communicates an organization strategy, its cost structure reflects the organization’s ability to pay, and complies with all government laws and regulations. Compensation in Wal- mart is divided into two, cash compensation and fringe compensation. Cash compensation is the direct pay to the employee for work done. It has two components: base pay that is paid in terms of hourly or weekly over time basis. The second component is the payment contingent on performance. This is based on the merit increase, bonuses and increase sharing. Fringe compensation refers to employee benefits programs. Fringe compensation has two dimensions: legal required programs such as social securities and discretionary programs like health benefits, tuition reimbursement and pension plans. Wal- mart also faces compensation challenges such as high turnover rate. Approximately 70% of Wal- mart workers leave within the first year. Wal-Mart employees have been quitting their jobs because they have found other companies that pay them better and fair wage. The high number of employees quitting due to low wages has caused Wal-Mart to have a high turnover rate. Despite high turnover rate, Wal- mart is still able to affect the unemployment rate. Lack of health insurance benefits offered to employees is the main cause of high turnover rate for Wal-Mart. Workers need health insurance for themselves and families. Since their employees are not getting the health benefits needed they are leaving Wal-Mart to find another company that will give them the health benefits desired and for a lower out of pocket premium. Costly legal challenge is another challenge faced by Wal- mart, where it was accused of colluding to bound medical care for injured staffs in an attempt to save cash. In Colorado, the law gives workers with on-the-job injuries the right to file medical-care dues against their boss. Most companies carry insurance policies to pay such claims (Swezey et al, 1985). How Wal-Mart applies compensation practice to determine the positive or negative impact to the company and its stakeholders Sta keholders are people, organizations or groups who affect or can be affected by a company or organization. These stakeholders can be separated into two groups: the market and non-market stakeholders. The market stakeholders are those sets and individuals who have an economic post in what the company does. The non-market stakeholders are those groups and persons who have a non-economic stake and political stake in what progress the company takes. Wal- mart must strive to