The Cause of bank failure Free Essays

One individual from the gathering is typically named to go about as the overseeing or lead bank for the organization and it is the job of this bank to facilitate all exchanges, installments and organization between parties once the agreement has been executed-it Is a multi bank exchange with each bank following up on a few premise, which implies that each ann. follows up on its own without obligation regarding different banks in the organization. In the event that a bank neglects to respect its commitments as an individual from an organization, the other organization banks have no lawful commitment to fulfill them for that bank’s benefit. We will compose a custom paper test on The Cause of bank disappointment or on the other hand any comparative subject just for you Request Now Coordinated credits are typically used to back the acquisition of capital resources or the obtaining of another business line or organization. The coordinated credit showcase is one of the biggest and most adaptable wellsprings of capital in the worldwide commercial center. Credit syndication do occur In Zanzibar yet are not normal. Undertaking LOANS †venture advances has been utilized to portray a wide range of financing of activities, both with and without plan of action. A financing of a specific monetary unit wherein a moneylender is fulfilled to look at first to the incomes and profit of that monetary unit as the wellspring of assets from which a credit will be reimbursed and to the benefits of the financial unit as guarantee for the advance. Include advances to fund significant capital Investment ventures for which the income emerging from the undertaking will either be the sole or principle reimbursement source. Such undertakings are typically financed by significant banks on account of the huge sums included and the requirement for full specialized assessment for instance assembling a significant dam or prospecting for 011. The advance Is normally given on a medium or long haul premise. There are regularly opposite side advantages coming about because of isolating a financing as a venture financing which may have a direction on the thought processes of the organization looking for such a structure. These advantages include: †Credit sources might be accessible to the undertaking that would not be accessible to the support. Certifications might be accessible to the undertaking that would not be accessible to the support. †An undertaking financing may appreciate better credit terms and intrigue costs in circumstances In which a sponsor’s credit is frail. †Higher influence of obligation to value might be accomplished. Lawful necessities pertinent to certain contributing organizations might be met by the undertaking yet not by the support. C) LEASING - A rent is an agreement wherein, over the term of the rent, the proprietor of the hardware allows another element to utilize it in return for a guarantee by the last to make a progression of installments. The proprietor of the gear is alluded to as the lesser. The element that is being conceded authorization to utilize the hardware is alluded to as the resident. A common renting exchange fills in as follows. The resident initially settles on the hardware required. The renter at that point chooses the producer, the make, and the model. The resident indicates any unique highlights wanted, the terms of guarantees, certifications, conveyance, establishment, and administrations. The tenant likewise arranges the cost. After the hardware and terms have 1 OFF Instructions to refer to The Cause of bank disappointment, Papers

The Layers of a Forest From Floor to Canopy

The Layers of a Forest From Floor to Canopy Woodlands are living spaces in which the trees are the predominant type of vegetation. They happen in numerous districts and atmospheres around the world the tropical rainforests of the Amazon bowl, the calm woodlands of eastern North America, and the boreal timberlands of northern Europe are only a couple of models. Species Composition The species creation of a timberland is frequently one of a kind to that backwoods, with certain woodlands comprising of a huge number of types of trees while others comprise of only a bunch of animal groups. Woodlands are continually changing and progress through a progression of successional stages during which species arrangement changes inside the backwoods. In this way, offering general expressions about woods living spaces can be troublesome. However in spite of the fluctuation of our planets woodlands, there are some fundamental auxiliary qualities that numerous backwoods share-attributes that can assist us with bettering comprehend the two timberlands and the creatures and untamed life that possess them. The Layers of a Forest Develop woods regularly have a few unmistakable vertical layers. These include: Woods floor layer: The forest floorâ is frequently covered with rotting leaves, twigs, fallen trees, creature scat, greenery, and different debris. The woodland floor is the place reusing happens, growths, creepy crawlies, microorganisms, and night crawlers are among the numerous life forms that separate waste materials and prepared them for reuse and reusing all through the backwoods system.Herb layer: The herb layerâ of the timberland is ruled by herbaceous (or delicate stemmed) plants, for example, grasses, greeneries, wildflowers, and other ground covers. Vegetation in the herb layer frequently gets minimal light and in backwoods with thick coverings, conceal open minded species are transcendent in the herb layer.Shrub layer: The bush layer is portrayed by woody vegetation that becomes moderately near the ground. Shrubberies and thorns develop where enough light goes through the covering to help bush growth.Understory layer: The understory of a backwoods comprises of yo uthful trees and little trees that are shorter than the principle overhang level of the tree. Understory trees give asylum to a wide scope of creatures. At the point when holes structure in the covering, in many cases understory trees exploit the opening and develop to fill in the overhang. Shade layer: The overhang is where the crowns of the greater part of the woodlands trees meet and structure a thick layer.Emergent layer: Emergents are trees whose crowns rise over the remainder of the shelter. Mosaic of Habitats These various layers give a mosaic of living spaces and empower creatures and natural life to subside into different pockets of environment inside the general structure of a backwoods. Various species utilize the different auxiliary parts of the woodland in their own one of a kind ways. Species may involve covering layers inside a woodland however their utilization of those layers may happen at various times so they don't contend with each other.

Book Riots Deals of the Day for June 10th, 2019

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Salt Satyagraha - 1584 Words

The Satyagraha March, which triggered the wider Civil Disobedience Movement, was an important part of the Indian independence movement. It was a campaign of nonviolent protest against the British salt tax in colonial India which began with the Salt March to Dandi on March 12, 1930. It was the most significant organized challenge to British authority since the Non-cooperation movement of 1920-22, and the Purna Swaraj declaration of independence by the Indian National Congress on December 31, 1929. Mahatma Gandhi led the Dandi march from his Sabarmati Ashram to Dandi, Gujarat to produce salt without paying the tax, with growing numbers of Indians joining him along the way. When Gandhi broke the salt laws in Dandi at the conclusion of the†¦show more content†¦The entire platoon was arrested and many received heavy penalties, including life imprisonment.[49] The civil disobedience in 1930 marked the first time women became mass participants in the struggle for freedom. Thousands of women, from large cities to small villages, became active participants in satyagraha.[51] Gandhi had asked that only men take part in the salt march, but eventually women began manufacturing and selling salt throughout India. Usha Mehta, an early Gandhian activist, remarked that Even our old aunts and great-aunts and grandmothers used to bring pitchers of salt water to their houses and manufacture illegal salt. And then they would shout at the top of their voices: We have broken the salt law![52] The growing number of women in the fight for independence was a new and serious feature according to Lord Irwin. A government report on the involvement of women stated thousands of them emerged....from the seclusion of their homes...in order to join Congress demonstrations and assist in picketing: and their presence on these occasions made the work the police was requ ired to perform particularly unpleasant.[53] There were outbreaks ofShow MoreRelatedGandhi s Effect On The World1174 Words   |  5 PagesGandhi’s Salt march which had the Indian independence. Gandhi played a major role in the development of nonviolence and peace activities. Mohandas Karamchand Gandhi was the pre-eminent political and spiritual bellwether of India and the Indian independence movement. He had many adherents, and edified many how to protest placidly, instead of utilizing violence and war. Gandhi is a role model for many people today and is one of the most famous of all nonviolent activists. Gandhi made an immenselyRead MoreMahatma Gandhi and The Salt March Essays1427 Words   |  6 Pagesrule, Mahatma Gandhi once again contributed to a protest against salt taxes, known as the Salt March. This protest advocated Gandhi’s theory of satyagraha or nonviolent disobedience as the nation came together on March 12, 1930 to walk the 241 miles long journey to the shores of Dandi to attain salt. Although som e Indians criticized Gandhi for not achieving direct independence from the Raj or British rule, Gandhi’s execution of the Salt March helped to create a stronger nation for the Indians to liveRead MoreA Research On Contemporary World History1041 Words   |  5 PagesContemporary World History Professor Tom Williford Vidit Doshi Southwest Minnesota State University Interview : Jyotsna Shah, Maternal Grandmother in relation, 72 years old, interviewed on Skype, Gujarat, India. Source: Salt March, www.history.com Salt March, www.wikipedia.com Mahatma Gandhi, www.wikipedia.com Mahatma Gandhi - Father of the Nation â€Å"An eye for eye only ends up making the whole world blind.† - Mahatma Gandhi Mohandas Karamchand Gandhi (MahatmaRead MoreIndependence Of Indi Mahatma Gandhi1041 Words   |  5 Pagespeaceful and non-violent movements against British. These events were marked as of prominence importance in the history. One of the greatest examples of nationalists in India was Mahatma Gandhi, a modernist. He had employed Satyagraha (passive resistance) movements like Salt March, Mass movements, and Quit India movement. He had also made his clothes from a spinning wheel instead of buying them from English people. As a result of these movements, he made India an independent nation and gained lotsRead MoreBritan Did Not Live Up to Their Promises to India Essay536 Words   |  3 Pagesand non-violence.†(google.com) He went around the county in order to understand the people and to learn what their problems are. He created the method of Satyagraha which a non-violent protest for justice. His first Satyagraha â€Å"inspired the peasants to struggle against the oppressive plantation system.† (google.com) One of his major Satyagraha was against the Rowlatt Act which was a protest that involved the whole country. He threatened a non-cooperation movement in the case that the government didn’tRead MoreThe Salt Satyagrah Strengths And Weaknesses2516 Words   |  11 PagesThe Salt Satyagraha: Strengths and Weaknesses On 12 March 1930, Gandhi started a historic march to Dandi known as the Salt Satyagraha. It was an act of Civil Disobedience Movement against the British tax law in India. Gandhi and 78 satyagrahis (volunteers) walked for 24 days. On the way to Dandi, they were able to reach 40 villages and towns where about 50,000 people heard their messages. Gandhi broke the salt law on 6 April 1930, and millions of people throughout India followed the act. The entireRead MoreGino Strada And Cesar Chavez And Human Rights843 Words   |  4 Pagesmethod of â€Å"Satyagraha.† Once he started though, he discovered a problem: Africa was a British colony at the time. The British rule was ultimately leading to racial tension, so he decided to peacefully protest against British rule. â€Å"Gandhi helped people realize that they needed independence from Britain† (StudySync). Although while he was doing this, trouble was brewing in India. The British were trying to pay off their national debt, so they made a monopoly for salt saled and taxed salt heavilyRead More Small man who led a big nation Essay1042 Words   |  5 Pagesignited Gandhi’s fire to fight human injustice. This began Gandhi’s communal living and his methods of resistance. nbsp;nbsp;nbsp;nbsp;nbsp;Gandhi established a new form of nonviolent resistance against government he called satyagraha or â€Å"truth force†. Satyagraha â€Å"manifested in self-sacrificing, non-violent mass demonstrations, demanding that the persecutors recognize the immorality of their own position and redress the suffering of the oppressed†.(Spodek 666). He was an advocate of nonviolenceRead MoreGandhi Vs. Greek Heroes936 Words   |  4 Pagesto achieve their goals. Gandhi was imprisoned many times in his life, but he never gave up, and tried his best to achieve India Independence and peace. One of his great efforts is â€Å"The Salt Satyagraha† which he marched 200 miles which was accompanied by thousands of people because the British imposed a tax on salt and made it illegal for Indians to produce from sea water.2 Greek heroes also had great perseverance in completing their quests. Jason, for example, complete a quest to get the Golden FleeceRead MoreMahat ma Gandhi : A Leader Of India s Independence Movement1230 Words   |  5 Pagesprotestors, it convinced Gandhi and India of the need to self-rule. After the war Gandhi’s reputation grew. He became even more adamant in his personal principles, practicing sexual abstinence, renouncing modern technology, and developing satyagraha. Satyagraha was a method of non-violent resistance that Gandhi and his allies used to great effects against the white governments. Gandhi’s willingness to endure punishment and jail earned the admiration of people in his native India, and he eventually

Education And Technology Technology And Education

Education and Technology Technology has become a major component in the system of education. Technology and education in the U.S. has changed the way people learn nowadays. Being on the 21st century the lives of people have changed immensely due to a high increase in technology inventions. Communication definitely has evolved in so many ways with the newer technology being used. In the 1980’s an enthusiast named Seymour Papert predicted that computers would allow learners to construct and test hypothesis about complex systems. The introduction of computers to schools would totally change the way students and teachers communicate, argued Papert on his prediction. Also, the introductions of computers would allow students to easily access any information they want and would facilitate new forms of creative expression. Technology have shaped teaching and learning because in the 1990’s schools spent increasing amounts of funds on computers, networks, internet access and other technology devices. Thi s indicated that the learning process was going to be transformed because it was worth it and all the equipment was being used to change the form of learning. As technology is at its greatest point in history it has definitely shaped teaching and learning because back in the days people only used physical hard textbooks and if we realize now all there is E-books or Electronic books. Now most students don’t even pick up a book to read because everything is on the internet free andShow MoreRelatedTechnology : Technology And Education1702 Words   |  7 PagesTechnology and Education In today’s society, technology has become the world. Technology is shaping the world and many people are using it for its convenience. Technology has changed tremendously that it is now being incorporated into the educational system. Heidi Hayes Jacobs, an author and world renowned education leader stated that, â€Å"Teachers need to integrate technology seamlessly into the curriculum instead of viewing it as an add-on, an afterthought, or an event†. Technology should help enhanceRead MoreTechnology in Education690 Words   |  3 Pagescontroversial issues of education in the 21st century is technology. Educators and parents across the nation debate whether to let technology into classrooms. And if so, how? Technology should be introduced into education through the program most commonly referred to as BYOD (Bring Your Own Device). The idea of BYOD is to have students bring their own phones, tablets and computers to school. Technology is a much more engaging, and educa tional than standard supplies. Mobile technology exists all aroundRead MoreTechnology In Education825 Words   |  4 Pages Technology has revolutionized the human experience by changing the way one learns. Technology can best be defined as a tool that supports and promotes human learning. This can be seen through the usage of calculators, tablets (example: iPad), Smart Boards, video cameras, and, of course, the computer. These are all innovations that can have a profound impact on classroom learning. Although there are some schools that have a strict policy that technology should be removed from the modern day classroomRead MoreTechnology In Education1406 Words   |  6 PagesTechnology is such an intrinsic part of everyday life that it would be difficult to imagine society with it. In many ways, the prevalence of technology in environments such as homes, offices, hospitals, labs, and ________ is one of the defining aspects of the current, modern era. The frequent users of technological appliances would state t hat they make life easier, with the gadgets’ ability to process information quickly and present it in several acceptable formats. With all these benefits, it wouldRead MoreOn Education and Education Technology Essay1496 Words   |  6 Pagestheir professors. Some of this online education software also allows for additional collaboration and learning tools. eLearning software is becoming increasingly important, and is nearly essential for modern education in the digital age. However, this technology is largely unrefined and as such, has problems; problems that can be overcome. Since the popularity and ubiquity of the internet, eLearning software has become relatively commonplace in the education world. An eLearning platform can be foundRead MoreThe Impact Of Technology On Education And Education Essay1317 Words   |  6 Pages Education has evolved tremendously over the past centuries. From one room school houses, segregated schools, to public and private schools, forms of education and how we receive it are always changing. In the past decade, technology has become a large part of education and schooling. Views on types of schooling and education are changing rapidly. Videos and articles can be found all over the Internet on basically any subject you can think of. Much of today’s schooling is done through online classesRead MoreTechnology Benefits Education : Technology2523 Words   |  11 PagesRyan James English 2/3/2015 Senior Paper Technology Benefits Education Technology is on the rise, as technology increases in the world and becomes the most used element students are still told to use the old style of learning. As a student myself technology would have been extremely beneficial to us as students making reports, essays, projects, and etc much easier. Students of the twenty-first century have the capability to use such technology, making schooling and learning a much more enjoyableRead MoreThe Impact Of Technology On Education And Education1820 Words   |  8 PagesMay, 2017. The Benefits of Technology in Education According to Thomas Jefferson, â€Å"If the children are untaught, their ignorance and vices will in future life cost us much dearer in their consequences than it would have done in their correction by a good education†(Vasudeva).Technology has impacted every aspect of most people’s life and education is no exception (Purdue). The education process has evolved as more people make use of technological devices and so education no longer starts or ends inRead MoreModern Technology And Education : Education2041 Words   |  9 PagesModern Technology and Education Education has changed significantly in the last twenty years. One of the main reasons education has undergone so many changes is because of technological development. In today’s society the impact of technology on education has played a vital role in every realm of everyday life and with that education is no exception. The emergence of technology has had a profound impacted to the educational landscape in our society. Over the past few years there has been a lotRead MoreEssay on Technology and Education1190 Words   |  5 PagesTechnology and Education When I first stepped foot into a Towson University classroom I was surprised by what I saw. What I saw was something I thought only belonged in corporate meeting rooms. This device I speak of was a digital overhead projector. For me this was something new and very exciting. Where I went to school the idea of technology was a television with a VCR on a rolling stand. This change in technology was far superior than I had ever imagined and this is why I was I chose this topic

The Hunters Phantom Chapter 18 Free Essays

Caleb’s hand was hot and heavy against her lips, and Elena scrabbled against it with her nails. He gripped her tightly with his other hand, holding her stil , his fingers digging into her shoulder. Elena struggled fiercely, flailing her arms and landing a firm blow in Caleb’s stomach. We will write a custom essay sample on The Hunters: Phantom Chapter 18 or any similar topic only for you Order Now She bit down hard on the hand he had over her mouth. Caleb jerked backward, quickly letting go of her and pul ing his bitten hand to his chest. As soon as her mouth was uncovered, Elena screamed. Caleb stepped away from her, holding his hands up in surrender. â€Å"Elena!† he said. â€Å"Elena, I’m so sorry. I didn’t mean to scare you. I just didn’t want you to scream.† Elena eyed him warily, breathing hard. â€Å"What are you doing here?† she asked. â€Å"Why were you sneaking up behind me if you didn’t want to scare me?† Caleb shrugged and looked a little embarrassed. â€Å"I was worried about you,† he confessed, stuffing his hands in his pockets and hanging his head. â€Å"I was hiking up by Hot Springs earlier and I saw you and your friends. They were pul ing you out of the water, and it looked like you weren’t breathing.† He peeked up at her through his long golden lashes. â€Å"You were so worried about me you decided to grab me and cover my mouth to keep me from screaming?† Elena asked. Caleb ducked his head further and scrubbed at the back of his neck in an embarrassed way. â€Å"I wasn’t thinking.† Caleb nodded solemnly. â€Å"You looked so pale,† he said. â€Å"But you opened your eyes and sat up. I was going to come down and see if you were okay, but your friend saw me and started running up the path toward me like he was going to jump me, and I guess I just freaked out.† He grinned suddenly. â€Å"I’m not usual y such a wuss,† he said. â€Å"But he looked mad.† Elena found herself feeling unexpectedly disarmed. Her shoulder stil ached where Caleb had grabbed her. But he seemed so sincere, and so apologetic. â€Å"Anyway,† Caleb continued, gazing at her out of candid light blue eyes, â€Å"I was driving back to my aunt and uncle’s place, and I recognized your car in the cemetery parking lot. I just came in because I wanted to talk to you and make sure you were okay. And then, when I got close to you, you were sitting down and talking, and I guess I was embarrassed. I didn’t want to interrupt you, and I didn’t want to barge in on something personal, so I just waited.† He ducked his head sheepishly again. â€Å"And instead I ended up assaulting you and scaring you to death, which sure wasn’t the better way to go. I’m real y sorry, Elena.† Elena’s heartbeat was returning to normal. Whatever Caleb’s intentions, he obviously wasn’t going to attack her again now. â€Å"It’s al right,† she said. â€Å"I hit my head on an underwater rock. I’m fine now, though. It must have looked pretty weird to see me just sitting here and muttering. Sometimes I come here to talk to my parents, that’s al . This is where they’re buried.† â€Å"It’s not weird,† he said quietly. â€Å"I find myself talking to my parents sometimes, too. When something happens and I wish they were with me, I start tel ing them about it and it makes me feel like they’re there.† He swal owed hard. â€Å"It’s been a few years, but you never stop missing them, do you?† The last bits of anger and fear drained out of Elena when she saw the sadness in Caleb’s face. â€Å"Oh, Caleb,† she said, reaching out to touch his arm. She caught a sudden motion out of the corner of her eye and then, seemingly out of nowhere, Stefan appeared, running incredibly fast, straight toward them. â€Å"Caleb,† he growled, grabbing him by the shirt and throwing him to the ground. Caleb let out a grunt of surprise and pain. â€Å"Stefan, no!† shouted Elena. Stefan spun to look at her. His eyes were hard and his fangs were ful y extended. â€Å"He’s not what he says he is, Elena,† he said in an eerily calm voice. â€Å"He’s dangerous.† Caleb slowly pul ed himself to his feet, using a gravestone as a support. He was staring at Stefan’s fangs. â€Å"What’s going on?† he asked. â€Å"What are you?† Stefan turned toward him and, almost casual y, slapped him back down. â€Å"Stefan, stop it!† Elena yel ed, unable to contain the note of hysteria in her voice. She reached out for his arm, but missed. â€Å"You’re going to hurt him!† â€Å"He wants you, Elena,† Stefan growled. â€Å"Do you understand that? You can’t trust him.† â€Å"Stefan,† Elena pleaded. â€Å"Listen to me. He wasn’t doing anything wrong. You know that. He’s a human.† She could feel hot tears gathering in her eyes and she blinked them away. Now was not the time to weep and wail. Now was the time to be cool and rational and to keep Stefan from losing control. Caleb staggered to his feet, grimacing with pain, and this time charged clumsily at Stefan, his face flushed. He got one arm around Stefan’s neck and yanked him to the side, but then Stefan, with an easy strength, tossed Caleb to the ground once more. Stefan loomed over him threateningly as he stared up at him from the grass. â€Å"You can’t fight me,† Stefan growled. â€Å"I’m stronger than you. I can drive you out of this town, or kil you just as easily. And I wil do either if you make me think it’s necessary. I won’t hesitate.† Elena grabbed Stefan’s arm. â€Å"Stop it! Stop it!† she shouted. She pul ed him toward her, trying to turn him so she could look into his eyes, so she could get through to him. Breathe, she thought desperately. She had to calm things down here, and she tried to steady her voice, to sound logical. â€Å"Stefan, I don’t know what you think is going on with Caleb, but just stop for a minute and think.† â€Å"Elena, look at me,† Stefan said. His eyes were dark with emotion. â€Å"I know, I’m absolutely sure, that Caleb is evil. He’s dangerous to us. We have to get rid of him before he gets a chance to destroy us. We can’t give him the opportunity to get the better of us by waiting for him to make his move.† â€Å"Stefan†¦Ã¢â‚¬  Elena said. Her voice was shaking, and an oddly rational, detached part of her noted that this must be what it felt like when the person you loved most lost his mind. She didn’t know what she was going to say next, but before she could even open her mouth, Caleb had risen again. There was a long scratch down the side of his face, and his blond hair was tangled and ful of dirt. â€Å"Back off,† Caleb said grimly, coming toward Stefan. He was limping a little bit, and clutched a fist-size rock in his right hand. â€Å"You can’t just†¦Ã¢â‚¬  He raised the rock threateningly. â€Å"Stop it, both of you,† Elena yel ed, trying for a fierce general’s voice that would command their attention. But Caleb just hoisted the rock and threw it straight at Stefan’s face. Stefan dodged the rock, moving almost too quickly for Elena to see, grabbed Caleb by the waist, and, in one graceful motion, flung him into the air. For a moment, Caleb was suspended, seemingly as light and boneless as a scarecrow tossed from the back of a pickup truck, and then he hit the side of the marble Civil War monument with a sickening crunch. With a thud, he fel to the ground at the foot of the statue and was stil . â€Å"Caleb!† Elena screamed in horror. She ran toward him, shoving her way between the bushes and clumps of grass that encircled the monument. His eyes were closed and his face was pale. Elena could see the light blue veins in his eyelids. There was a spreading pool of blood on the ground beneath his head. A streak of dirt ran across his face, and that dirt and the long red scratch on his cheek suddenly seemed like some of the most heartbreaking things she had ever seen. He wasn’t moving. She couldn’t tel whether he was breathing. Elena dropped to her knees and felt for Caleb’s pulse, fumbling at his neck. As she found the steady thrum of a heartbeat beneath her fingers, she gasped in relief. â€Å"Elena.† Stefan had fol owed her to Caleb’s side. He put his hand on her shoulder. â€Å"Please, Elena.† Elena shook her head, refusing to look at him, and shrugged his hand away. She felt in her pocket for her phone. â€Å"My god, Stefan,† she said, her words clipped and tight, â€Å"you could have kil ed him. You have to get out of here. I can tel the police I found him like this, but if they see you, they’re going to know you two were fighting.† She swal owed hard as she realized the streak of dirt staining Caleb’s shirt was Stefan’s handprint. â€Å"Elena,† Stefan pleaded. At the anguish in his tone, she final y turned toward him. â€Å"Elena, you don’t understand. I had to stop him. He was a threat to you.† Stefan’s leaf green eyes beseeched her, and Elena had to steel herself to keep from crying. â€Å"You have to leave,† she said. â€Å"Go home. I’l talk to you later.† Don’t hurt anyone else, she thought, and bit her lip. Stefan stared at her for a long moment, then final y backed away. â€Å"I love you, Elena.† He turned and disappeared into the trees, through the older and wilder part of the cemetery. Elena took a steadying breath, wiped her eyes, and dialed 911. â€Å"There’s been an accident,† she said, her voice panicky, when the operator picked up. â€Å"I’m in the Fel ‘s Church Cemetery off Route Twenty-three, over by the Civil War monument near the edge of the newer section. I’ve found someone†¦ It looks like he was knocked unconscious somehow†¦Ã¢â‚¬  How to cite The Hunters: Phantom Chapter 18, Essay examples

Sea Is Life And Dover Beach Essays - Dover Beach, British Poetry

Sea Is Life And Dover Beach "Sea is life" Dover Beach is a very mood-evoking poem. We are first met with an admiration for the sea and different emotions that draws to the observer. However, as the poem progresses we are gradually introduced to a large metaphor for love and like the sea are able to evoke many moods, and different emotions, whether prosperous or decayed. The poet describes the emotions with extreme passion and perhaps with slight hysteria. We are given as sense of loss by this turmoil, which becomes clearer in the last stanza. The title of this poem, "Dover Beach", really sets the scene to the reader almost instantly. The beach, with its white cliffs, help give the readers a sense of dominance and magnificence. The poet may have done this as to set the mood for the opening stanza. For others it may provoke a thought or memory of the past such as the childhood holidays with your parents. The lines in the poem could be provoking these thoughts so that you can empathize later to what he is experiencing in the poem. The title itself however, does not give you any emotional insight into the poem. I feel the poet did this as to not alert the reader to what is going happen in further in the poem. The poems opening stanza is to begin with very soft and peaceful, "The sea is calm tonight"(Line 1). The words the poet uses are pleasing such as "Gleams, sweet, glimmering"(Line 4, 6,5). The mood for the poem is being set. The reader is filled with visions of peace and a sense of being content "sweet is the night air!"(Line 6). However, the mood of the poem dramatically changes. The poet begins to use words, which changes the mood and are vastly different from the previous lines, "roar, slow, sadness"(Line 9, 13, 14). This sudden emotional change to me is a symbol of his love or life. Once the poet's life was calm like the seas in the opening line. The poet's life has no changed into turmoil of emotions, which are charged like the sea "the waves draw back, and fling, At their return/"(Lines 10-11). The first stanza is explaining the sudden change in mood in the poem that is very similar to the changing mood of the sea. In the second stanza we are actually able to learn more of the poets analogy. The poet believes that the noise of the sea can bring in the "flow of human misery"(Line 18). This is what he claims happened to Sophocles. This analogy is perhaps what also happened to the poet's life. The calm sea turned into a continual warning swash in his soul which brought with it misery. However the last line of the stanza tells us that this noise does not bring with it just human misery but also a thought, that the poet does not elaborate this theory so we are left to assume this changes from person to person. "in the sound a thought"(Line 19). The sea again in the third stanza represents his loss of faith. This loss of faith is elaborately described as disappearing in the nights wind "to the breath of the night-wind"(Lines 26-27). Here the poet builds up a clear picture of the wind being personified, "to the breath"(Line 26) and taking this faith down to the "vast edges"(Line 27), and with it also the"naked shingles of the world"(Line 28). This idea of naked shingles is perhaps how the poet feels himself to be. He isolates himself from anyone else. He is left bare naked to have all of his ideals taken away from him by the simple element the wind. By using the different moods of the sea, calm and powerful, the poet is able to make a connection to life. The way the sea continuously bashes, hurling rocks up against the sand, gives us a sense of relentlessness of some emotional strain on his life, " Begin, and cease, and then again begin"(Line 12). The final stanza is an incorporation of the whole poem, as well as confirming to the reader what it is the poet is trying to explain. The final stanza, begins like that of the opening stanza, using a very appealing, gentle opening, as well as words to support this, " love, true, dreams, beautiful and new"(Lines 29, 31, 32). However, again like the stanzas preceding it, the mood changes again, which tries to tell us that no matter

The Treatment of Shylock in The Merchant of Venice essays

The Treatment of Shylock in The Merchant of Venice essays The treatment of Shylock in The Merchant of Venice has long been a controversial issue. In the context of the play, Shylock hates Antonio and seeks his revenge in an unusual and even garish way by demanding a pound of flesh. Any villain would be seen as extremely villainous for that sort of behavior, but the villainy of Shylock has been tied to the idea that the play is saying his villainy derives from his being Jewish. In fact, such a view ignores the comic nature of the play itself and also the way Shakespeare gives Shylock real motivations for his actions and treats him more as a human being than would be likely if this were an anti-Semitic stance. First, Shylock in The Merchant of Venice has a number of reasons for hating Antonio and for seeking revenge on him and those Shylock sees as like him. Shylock is a Jew, and he believes he is shunned and hated by Christians. This alone differentiates his treatment in the play from an anti-Semitic rant, for Shakespeare recognizes that society does often demonize the Jew and that such a judgment is unfair, so much so as to become a self-fulfilling prophecy. He further discovers that his daughter, Jessica, has eloped with Lorenzo and intends to convert to Christianity herself. These events come on the heels of all the other reasons he detests Antoniobecause Antonio lends money and does not charge interest, because Antonio has denigrated him in the past, and because Antonio is a Christian. Tubal is his friend and brings him news that Antonio's ship has disappeared. He also has been asked to find out about Jessica but at this point has learned nothing new. Shylock speaks of everything in terms of money, and this includes his daughter: "A diamond gone, cost me two thousand ducats in Frankfort!" (III.i.77). The news that his daughter has not been found is coupled here with news that Antonio's ship has been lost, linking his anger over his daughter with the man he will try to ...

How to become a legal nurse consultant

How to become a legal nurse consultant These days, it’s cool to be a hyphenate- you know, like actor-activist, graphic designer-herbalist, or dentist-beekeeper. Basically, people who have strong professional skill sets in multiple areas are highly sought after, as industries look for employees who are versatile. And when you throw in healthcare, possibly the hottest industry around, you’re getting into very marketable territory. If you’ve ever found yourself trying to combine nursing skills with a bit of legal eagle expertise, then we might have a new career path for you: legal nurse consultant. What does a legal nurse consultant do?Legal nurse consultants (LNCs) are specialized nurses who provide medical expertise to people or groups who handle legal issues, like lawyers, court officers, lawmakers, insurance companies, or government agencies. For example, in a lawsuit or court case where the defendant claims he was injured, a legal nurse consultant might be brought in to assess the defendant’s medical records or testify about a particular kind of injury in general. Or if an insurance company is investigating the validity of a person’s claim, the legal nurse consultant might be called in to share expertise. Basically, a legal nurse consultant can be the bridge between the legal and healthcare worlds.A legal nurse consultant’s responsibilities may include:Reading and interpreting medical records/historiesWorking with attorneys to draft legal documents with medically sound informationProviding background medical researchInterviewing clientsOffering advice and medical insight to legal professionals about particular health issues or nursing practices in generalConsulting on healthcare legislationWriting reportsTestifying in court as a witnessLegal nurse consultants are often hired directly by law firms, government agencies, insurance companies, nonprofits, healthcare facilities, or forensic laboratories. There are also legal nurse consulting firms that employ LN Cs and have them work with clients on a consultant basis. LNCs may also go into business for themselves, setting up direct client relationships. They may work part-time (balancing legal duties with other nursing jobs) or full-time, depending on the employer. About half of LNCs are directly employed by private institutions, while the other half are independent contractors.What skills do LNCs need?Legal nurse consultants need to have two very strong skill sets: medical/clinical and legal. After all, their work depends on having expertise in both areas. While nurses do need strong hands-on patient care skills in general, the skills needed for this specialty tend to be more administrative in nature.Critical thinking skills.  Legal nurse consultants are responsible for analyzing medical data or situations, and applying it to a very particular legal context. So the LNC should be good at making connections, seeing patterns, and recalling details in order to solve a problem or create a na rrative.Organizational skills.  In both healthcare and the legal world, there’s little room for sloppiness- mistakes can endanger someone’s health or livelihood and affect the outcome of binding legal judgments. So an LNC needs to be able to organize information accurately and efficiently, particularly when it comes to written documents or medical records.Clinical skills.  Much of the job is providing current, accurate medical expertise, so it’s important for the LNC to have a strong medical background. If the nurse already has a specialty (like elder care or pediatrics), it’s also essential to stay on top of developments and trends in those fields, even if he or she isn’t actively practicing as a nurse anymore.Knowledge of legal terminology.  A legal nurse consultant isn’t an attorney, but he or she needs to have as good a grasp on legal terminology, as well as medical terminology, in order to work most efficiently with legal professi onals and provide high-quality consulting.Communication skills.  Being a legal nurse consultant is often a public-facing role (like when testifying in court), so being able to communicate effectively is essential. A legal nurse consultant’s reputation is based on the reliability of their information; so he or she should be able to present information clearly and authoritatively, with clean speaking and writing.What do you need to become an LNC?The main starting point to become a legal nurse consultant is a nursing degree and certification. You need that clinical base before you can specialize. At a minimum, legal nurse consultants have a bachelor’s degree in nursing, plus certification as an RN (which means passing the NCLEX and getting licensed by the state). States can have different requirements, so be sure to research what your particular state requires to become a registered nurse.This is also not an entry-level specialty for nurses. Most legal nurse consultants have at least five years’ experience in nursing practice before becoming a consultant. After all, you have to build expertise before you can share it with others and be an authority.If you choose to specialize in this area, many nursing programs offer training classes to develop the necessary legal skills. And although certification isn’t necessarily a requirement for working as a legal nurse consultant, many employers prefer to work with nurses who hold a certification from the American Legal Nurse Consultant Certification Board (ALNCC).How much do LNCs make?This can be a very lucrative career path for nurses. Most legal nurse consultants work on an hourly basis, with LNCs employed by law firms or private companies typically billing $60-100 per hour, and independent consultants typically billing $65-200 per hour. LNCs may also be able to charge premium fees for providing expert testimony, with average fees ranging from $150-200 per hour for these highly specialized s ervices.What’s the outlook for LNCs?Very bright indeed. Healthcare and nursing jobs are growing exponentially as it is, and legal changes to the healthcare and insurance industries are providing even more openings for nurses with this extra layer of legal expertise.If you’re looking for a nursing specialty that lets you reach outside the medical field and maybe even add a little legal drama, then becoming a legal nurse consultant could be a lucrative, challenging, and productive choice for your next career steps. Good luck!

Picturesqueness or Expressionism Essay Example | Topics and Well Written Essays - 1000 words

Picturesqueness or Expressionism - Essay Example The essay "Picturesqueness or Expressionism" analyzes expressionism style and Robert Venturi. Venturi implies that the designs should not be taken literally from the styles of the past. He has been a controversial critic of the works in the past. Actually, his style somehow meant to significantly include the architectural history and collaborate it to come up with a modern piece. His architectures seemed to be different from the normal styles and are hard for the people to understand. Indeed, architecture for him is a simple art and does not always have to look good just like how he promotes the oppositions of the elements hybrid, compromising and distorted. Expressing his art through writings gives many ideas regarding various architectural designs. In addition to, his writings made him say what he perceives about how styles should be in his own taste regardless of the common styles. He describes a lot about complexity and contradiction, as well as picturesqueness. However, these te rms somehow lead to confusion and thus needs further clarification according to what his book says. According to Venturi, â€Å"I like elements which are hybrid rather than 'pure,' compromising rather than 'clean,' distorted rather than 'straightforward,' conventional rather than 'designed’.† It means that his idea of architecture falls under a messy way of expressing the styles and designs. As mentioned, people are having difficulties with his styles and his buildings do not reflect the styles of the past.

Business contiunity Management is a luxury in times of recession Essay

Business contiunity Management is a luxury in times of recession - Essay Example Matthys (2009) lists some disruptive or unexpected events which may occur to an organization that may bring harm and other major impacts to the organization and community. Example of events are broken equipments; computer viruses and other IT fraud; phone, internet, power and gas failure; natural calamities; terrorist attacks and all forms of pandemics; and other events that hinder the flow of operations of the business. 2. RECESSION VS. BUSINESS CONTINUITY MANAGEMENT When recession strikes, it is the period when the Gross Domestic Product (GDP) growth is negative. GDP is the total value of the annual output of goods and services produced within a nation's borders. It excludes the foreign output of domestic firms and includes the domestic output of foreign firms (Mankiw, 2008). Because of low GDP, companies' level of output they produce annually has been reduced. One common mistake of some companies during recession is when there is less money to go around, they will cut off their bu dgets. When this happens, it is inevitable to lay off key employees to reduce their expenses. When there's a decrease of employment rate in the economy, people will be earning lower incomes that will result to a decrease of consumer spending. Businesses then will be forced to lower the prices of their goods that will eventually cause a deflation (KCLAU, n.d.). The 9/11 World Trade Center (WTC) terrorist attack is an example in which local and national economies were pushed into recession. The Fiscal Policy Institute (2001) categorized the three types of direct effects of the WTC fall. First were the businesses that comprise the WTC area. Most of them are securities, insurance carrier, real estate operations and data processing services. Thousands of people working at the hotels, restaurants, banks and other establishments near the WTC lost their jobs, hence Lower Manhattan experienced decline of sales. Furthermore, other industries in New York were also greatly affected in the attac k. Example is the air transport industry which comprises 54,000 jobs was shut down for few days not just because of the attack but also most people were already scared to travel by air. This resulted to the decline of tourism. Lastly, the household spending in New York was reportedly made a huge impact during the attack and its aftermath. New York's annual consumption spending is over $200 billion. A 10% one month reduction in consumer spending was assumed by FPI resulting to 9600 job loss. Before the 9/11 attack, it was stated in the Info Security News Magazine of 2000 that 90% of losses will be reduced if an organisation had established beforehand an effective BCP in case of any unwanted event. After the attack, a study conducted that about 81% of CEOs had said that their company plans wouldn't be able to survive with that kind of incident (Naef, 2003). 3. OBJECTIVE CATEGORIES 3.1 STRATEGIC To fully understand the whole coverage of Business Continuity Management, an organization m ust begin first in the development of the business continuity strategies. These are courses of actions used in the development and implementation of business continuity plan which are approved, documented and funded by the management of the organization. The results of the

Life As A Hummingbird :: Creative Writing Essays

Life As A Hummingbird      Ã‚   I eased behind the huge mass of nesting material and took a firm hold of several strands, I then pulled back, quickly, to pull them free. The jarring concussion, which followed, took me by suprise. I tried to get my bearings as the ground rushed up to meet me and recovered about two feet from the ground. After that near miss I climbed back to the altitude I had been at and started searching for my tormentor. I realized that I had grabbed hold of a human's hair and that he had not been happy about it. He was rubbing his head and throwing immense volumes of noise at me. Hummingbirds make mistakes just like everyone else and more than most when trying to build and protect a nest.      Ã‚   I decided that I should look elsewhere and settled on a lovely little spider web. I dove toward it, feeling the thrum of my wings and hearing the whoosh of the wind flowing past. The web glowed gold in the morning sunlight and dew drops hanging from it shone like liquid fire. A gnat flew too close and I captured it with a snap of my long tongue. Snaring a long piece of the silk,   I immediately ascended,   looking for my tree. My mate was awaiting my return, and was soon rewarded as I pulled up to the carefully camouflaged nest. I passed the silken strand over to her and left to find some food.      Ã‚   The humans are very good to us and hang tremendous reservoirs of nectar from various limbs and rafters. The containers come in all shapes and colors but they all have red bases. I headed for one of these and saw one of my rival males. He instantly attacked, chirping his anger at my intrusion. I counterattacked and we began a dogfight. Up and down, we came, zooming into space and plummeting to the ground. Although he was a willing and able opponent, I eventually wore him down, and he then left the scene. I held a precise hover as my tongue formed a tube, then I began slurping the sweet nectar from the feeder. Although I only weigh about one half of an once, I consume twice that much food every day. I captured a dozen mosquitoes on my way back to the nest and then sat on the nest to keep the eggs warm while my mate went in search of food.      Ã‚   Sitting in the nest is a luscious feeling. The eggs are warm and the inside

Contracts and Negligence Assignment Essay

Q. 1.1 A Contract is an agreement that is obligatory when imposed or acknowledged by law. (Peel, 2010). An agreement is a contract when forged with the willing approval of those involved in the contract, for a legal consideration and with a legitimate object, and not hereby expressly declared to be void (Malaysian Contracts Act, 1950). Contracts can either be Bilateral or Unilateral. Bilateral Contract is an agreement where a promise is exchanged for a promise. For instance, contract for the sale of goods is a bilateral contract. The purchaser promised to purchase the goods, in return for the seller’s promise to supply the goods. Figure 1 Source: https://www.google.co.uk/search?q=drawing+of+bilateral+contract+by+wikispaces The above shows both sides promise to do something Unilateral Contract occurs where just one person makes a promise open and available to anyone who performs the required action. For example: â€Å"collecting the reward such as  £100 for a lost document or pet† is unilateral contract. Figure 2 Source: http://www.images.123.tw/unilateral-contract/ The above shows only one side promises Contract can also be oral or written. Furthermore in order for a contract to be valid the offer and acceptance criteria must be met. The lawfully acceptable method for a contract to be binding is illustrated in the diagram below. This is known as Formation of Contract. Figure 3 Source: (www.laws1008.wikispaces.com) A Contract comprises of six important elements before it becomes valid and these are; Offer, Acceptance, Consideration, Intention to create Legal relation, Certainty and Capacity. If a single one of elements mentioned above is missing, the agreed contract will become illegal. The main elements are explained below: Offer: This is the first element in a valid contract. According to Peel (2010) an offer is â€Å"an expression of willingness to contract on specified terms, made with the intention that it becomes binding once it is accepted by the person to whom it is addressed†. An offer must be communicated and should be explicit. The person putting up the offer is referred to as offeror whilst the individual who receives the bid (offer) is referred to as the offeree. However, an offer must be distinguished from invitation to treat. There are two cases to be considered here. One case is Gibson v Manchester City Council (1979) Mr Gibson was sent a letter that informed him the council ‘may be prepared to sell the property to him for  £2,180 freehold†. The City Treasurer stated in his letter that â€Å"This letter should not be regarded as firm offer of a mortgage†. Included in the letter was the instruction on how to complete and return the enclosed application form to make a f ormal request to purchase the property. Mr Gibson did as he was requested but  because of unanticipated change in political leadership of the council, the proposed action to sell houses to tenants was changed and Mr Gibson was notified accordingly that it would no longer be possible for him to buy the house. Initially the Court of Appeal affirmed there was a binding contract between the the council and Mr Gibson but the verdict got over ruled on appeal to the House of Lords. The outcome of the judgement states that the first note forwarded by the Council was not an offer to sell rather it is an invitation to treat and further stated Mr Gibson did not accept an offer instead made one when he sent his completed requisitioned form. However, in an identical case of Storer v Manchester City Council (1974), Mr Storer puts in a bid to purchase his council property and he was forwarded an ‘Agreement for Sale of a Council House’ form which he signed and posted it back to the Council. The council received his reply before the political reform affecting the sales of house to council tenants transpired. The Council contended that the ‘Sale of Agreement Form to sell the Council House’ was not an offer and in this instance no contract was contracted. However, the Judges failed to agree and ruled that the form was indeed an offer immediately Mr Storer signed the form and forwarded it back to the Council. It is pertinent to point out the differences between these two similar cases. In the case of Mr Gibson no ‘Agreement for Sale’ was prepared and Mr Gibson did not sign. Whereas for Mr Storer’s case there was an agreement; consequently, the bargaining has been done and an agreement attained. Acceptance: Is defined by Chartered Institute of Taxation as â€Å"any words or actions signifying the offeree’s consent to the terms proposed by the offeror†. Acceptance must be final and unqualified. Acceptance should be conveyed to th e offeree. The wordings contained in the terms of the acceptance must be exact wordings in the terms of offer. Carlill v Carbolic Smoke Ball Company (1891) case refers. The company placed an advert in a newspaper, and in addition put a sum of cash on deposit with a bank and say they would pay anyone who contacted influenza while using their products, a remedy for curing flu, coughs, colds, bronchitis. It stated that anyone who had the ailment after taking the medication shall be recompensed with  £100. A consumer, Ms Carlill, took the medication and caught the flu. The firm was sued by her for damages and her case was successful. Consideration: â€Å"means something of value is given by one party to the order: ‘it is the price of  the promise’ (Chartered Institute of Taxation 2013) In Dunlop Pneumatic Tyre Co. Ltd v Selfridges & Co. Ltd. (1915) Consideration is â€Å"an act of forbearance of one party or the promise thereof, is the party which the promise of the other is bought and promise thus given for value enforceable†. Selfridges broke the term of agreement and Dunlop sued and lost the case because Dunlop could not enforce the contract because they did not provide any consideration for the promise made by Selfridge. It is important to highlight that ‘past consideration is no consideration. This means that anything done before the promise in return is given is no consideration and it is not adequate to make the promise binding. Types of consideration include: Executed (present) this is when an act is completed. An example is a Unilateral contract Executory this is when promises have been made in exchange for performance of acts in the future. For instance, a Bilateral contract Past consideration. In addition there are certain requirements for consideration to be valid and these are: It must not be past. However, there are exceptions such as:  (a) Previous request where the promisor has previously asked the other to provide services. Lampleigh v Braithwait (1605) (b) Business Situations, that is, when a thing is done in business and both parties perceived that it will be paid for. Casey’s Patents (1892) refers. (c) The Bill of Exchange Act 1882 Section 27 (1) says â€Å"provided that previous debt is valid for a bill of exchange†. It has to be forbearance to sue that is, if an individual has valid claim against another person but promises to forebear the enforcement. Combe v Combe (1951) & Alliance Bank v Broom (1864) It should be passed at the request of offerer. Durga Prasad v Baldeo (1880) It must move from the promisee. Dutton v Poole (1677) & Tweddle v. Atkinson (1861) It must be sufficient. Thomas v Thomas (1842); Chappel v Nestle (1960). Cannot consist s olely on sentiment value White v Bluett (1853) It must be legal that is not doing things that are immoral Wyatt v Kreglinger and Fernou (1933) Performance of existing duty that is, person carrying out duties that under general rules, they are required to do will not provide consideration. Traditional authority for rule: Collins v Godefroy (1831).  Carrying out additional duties: Glasbrook Brothers v Glasmorgan County Council (1925) Existing Contractual Duty this is where an individual has promised to do a thing already obligated to them under a contract that will not amount to a genuine consideration. (Stik v Myrick (1809) 2 Camp 317; Hartley v Ponsonby (1857); William v Roffey – if a 3rd party is owed for existing contract Duties to pay debts. This is where debts are paid in instalment. This is not a valid consideration and it is known as Pinnel’s Case. Foakes v Beer (1884) Intention to create legal relations: Parties to the agreement must intend to go into a legally binding agreement or contract. This is an intention from the two involved parties to go into a lawful and binding association. If there is no intention the agreement will be void. Intention to create legal relations could be: Commercial or business relations. Kleinwort Benson Ltd v Mining Corporation Bhd (1989), or, Social friend’s relation. Simpkins v Pays (1955) and Family or domestic relations. Balfour v Balfour (1919). Capacity: All those involved in a contract should possess legitimate ability to go into it. An individual unsafe physically, demented or a minor under the age of 18 cannot go into a binding. However, certain groups of people who have limitations such as mental health issue, drunks and minors under the age of 18. Those are the mentally ill, Minors under the age of 18 as stipulated by the Family Reform Act 1969. e.g. Chapple v Copper (1844) where a service was considered necessary but in the case of Nash v Inman (1908). Where a waistcoat was supplied to a minor would have been considered necessary but in this case it was the other way round as, purchase of the waistcoat is not necessary because the father had already provided the minor with several waistcoats. If a minor procure a luxurious thing and did not acquire because of necessity, the minor is liable and be responsible for his action. Privy of Contract means that â€Å"a contract cannot under normal situation confer rights or impose responsibilities emerging from it on any person except those involved in it. It is also known as â€Å"Rights of the third party Act 1999†. Treitel (2004) It isin also the relationship between the parties to an agreement, though there are exceptions, Q. 1.2. Face to Face (Verbal or Oral): This is â€Å"an agreement based on spoken promises, however it may be difficult to prove and it legally binding and  both parties will understand what they have agreed to and bargained in good faith†. www.ehow.com Phillip v Brooks (1919) case refers. It is case that involved a thief who falsely pretended to be Sir George Bullogh and bought jewellery under Sir Bullogh’s name with a cheque. The thief convinced the jeweller to part with the ring because his wife’s birthday was next day. The jeweller was convinced the was indeed Sir Bullogh after checking the address directory which tallies with Sir Bullogh’s address details. As soon as the rogue left, he sold the ring under the false name of Mr Frith and vanished into thin air. The claimant instituted a unilateral mistake of identity legal action. The case was affirmed that the transaction was not void for mistake because the parties transacted a face-to-face contract and in law it was assumed they dealt with the person before them and not the person they claimed to be. Written Contract: This is a written document indicating an agreement between two individuals. The parties can be human beings, organisations and businesses. All parties will have to append their signature to the contract to be legitimate. It also acts to protect both parties from breach of contract. www.wisegeek.com On-line: This is also known as Distance Selling when goods are sold to consumers void of face-to-face contact and done through Internet, e.g. Amazon.co.uk, eBay, booking vacation and on line banking. This type of transaction is governed by the Distance Selling Act 2000. Four contractual elements are contained in on-line contracts: offer, acceptance, consideration and intention. Contracts by Deed: â€Å"is a written document signed by the promisor and it must be clear be clear in the wording of the document that is intended to take effect as a deed. The must be witnessed by a third party. (Chartered Institute of Taxation 2013). The property title will not be given to the potential buyer until the final payment is made. It is also referred to as Sales Contract. Q. 1.3. Terms are the contents of contract. It is used in the civil law, to denote the space of time given to the debtor to discharge his obligation. Terms could be expressive resulting from positive stipulations of an agreement. It could be of right or of grace it is not within the agreement. Terms are of grace when it is afterwards granted by the judge at the requisition of the debtor. Contracts terms may be expressive or implied and could be classified as either: conditions, or warranties or innominate terms. www.tutor2u.net An express term is one that  has been particularly stated and agreed by both individuals at the time the contract is executed. It could be written or oral. www.tutor2u.net Implied terms are words or stipulations that a court presumes were planned to be incorporated in a contract meaning the terms are not expressively mentioned in the contract. www.elawresources.co.uk It could be: Terms implied through custom, Hutton v Warren (1836) EWHC J61; In fact. The Moorcock (1889) 14 PD 64 At Law Shell UK v Lostock Garage Limited (1976) 1 WLR 1187 There are two main types of implied term: (a)Terms implied by statue for example Sales of Goods Act 1979. There are about four key provision but I will use Section as an example that says â€Å"goods should be of ‘satisfactory quality’ meaning they should be up to standard a rational individual would consider â€Å"satisfactory† and if the purchaser says the good is being purchased for a distinct reason, there is an implied terms the products are suitable for the intended purpose. www.tutor2u/net (b) Terms implied by law courts an example is if the courts held that landlords of blocks of flat should keep the communal areas including lifts, stairs etc. in a reasonable state of repairs – so that the term was implied into the rent contract. an example case is Liverpool City Council v Irwin (1977) AC 236 HL Innominate term this when the parties involved fail to classify the commitments in the contract, the court will hold that they are unattested and apply the ex-post ‘consequence of breach test ’. The judgement given will depend on the magnitude of the breach. Case of: Hong Kong Fir Shipping v Kawasaki Kaisen Kaisha (1962) 2 QB 26 refers. Condition is a paramount term of the contract that goes deeply into the contract. For example if a proviso is contravened the guiltless party is entitled to renounce the contract and claim compensations. In the matter of Poussard v Spiers (1876) 1 QBD 410. Madame Poussard entered into contract to perform as an opera singer for three months. She was ill five days before the opening night and unable to perform for four days, held that she breached condition and that Spiers were entitled to end the contract. Warranties are minor terms of a contract which are not central to the existence of the contract. If a warranty is breached the innocent party may claim damages but cannot end the contract. Bettini v Gye (1876) QBD 183.  Trader puff is an expression of exaggeration made by a sales person or found in advertisement that concerned the goods offered for sale. It represents opinions instead of facts and is usually not considered a legally binding promise. Example of trader puff: â€Å"this is in good shape† and â€Å"your wife will love this car† Representation Term â€Å"is used in reference to any expressed or implied statement made by one of the parties to a contract in the course of negotiation to another regarding a particular fact or circumstances that influence the consummation of the deal and if not honoured the innocent party may bring an action for misrepresentation. (There are three types of misrepresentation as follows: Innocent, fraudulent and negligent misrepresentations (e-law resources) Learning Outcome – 2: Mini-case A The case above is an expressive term Bi-lateral case one involving Fiona and her uncle which involves offer and acceptance. Uncle Arnold was the offerer and Fiona the offree. The offer here was  £15,000. The main element of this case was that of acceptance. The agreement failed due to non-acceptance and time as consideration because the uncle said â€Å"fairly quickly† with a third party involved â€Å"I have already had a good offer from my colleague† so the following is to be considered when giving the verdict: Term: Offer  £15,000 and Acceptance by Fiona, Bi-lateral, both written and expressive Consideration – Time fairly quickly Third Party involved with better offer (Privity) Even though no clear straight form of acceptance occurred it is still a legal binding agreement but in this case Fiona cannot claim compensation for breach of agreement because it failed due to her delay and negligence in not responding in time. Therefore, if Fiona decides to go to court her case is not substantial enough to award her for damages. However, under vicarious liability Fiona can make a claim in court if she wishes. An example is Harvey v Facey (1893) AC 552 Privy Council. This was a case between Harvey and Facey in which correspondences were exchanged regarding sales of bumper Hall Pen asking for the sale of the property. (This was a distance offer as it was done through telegram). When Harvey asked â€Å"Will you sell us Bumper  Hall Pen?†. Facey responded â€Å"Lowest price for the Bumper Hall Pen  £900† to which Harvey responded â€Å"We agree to purchase Bumper Hall Pen for  £900 asked by you. Please forward your title deed so that we may get early possession†. Unknown to Harvey Facey was already negotiating with Kingston Council. The transaction failed and Harvey sued Facey. The issue in this case is â€Å"was that there was no clear offer† from Facey to sell the property to Harvey so the Privy Council ruled that â€Å"An offer cannot be implied by writing. It can only be concrete and sound. The appellant Harvey cannot imply that Facey made an offer when he did not† (www.casebriefsummary.com) Mini case B This is a distance, face-to face executed consideration and unilateral case involving offer of intention made by Mrs Smith open to everyone so no need for acceptance in this instance. The offer here is the reward of  £10 if her lost cat is found which did not involve transport cost. Mrs Smith refusal to David  £25 which include cost of transportation is valid and justified as payment for transportation was not included in the advert so therefore David has no case and could not claim for compensation if he goes to court. See Leonard v PepsiCo. PepsiCo placed a superfluous television advert stating â€Å"Pepsi points† if Pepsi was drank highlighting a young person arriving at school in Harriet jet and mentioned that the Harrier jet was for 7,000,000 Pepsi points. Leonard attempted to collect the Harrier jet by forwarding 15 Pepsi points accompanied with a cheque for $700,000.00 in order to obtain the Harrier jet. PepsiCo refused the delivery of the Harrier jet. Leonard lost the case because advertisement was not an offer. Mini-case C Mrs Harris, the owner of three rented houses in Extown, asks her next-door neighbour, Ted, to collect rent from the tenants for her while she is abroad on business. Ted collects the rents and when Mrs Harris returns, she says to him, â€Å"I’ll give you  £50 for your work†. Later Mrs Harris refuses to pay Ted. Here is a bi-lateral verbal, expressive offer and acceptance case between Mrs Harris and Ted. The main contract element issue here is consideration because the act has already been performed by Ted before the agreement was met. Even with no binding agreement, the ‘rule of consideration applies in this case’ because consideration can never be past or post, therefore in this case, Ted can sue Mrs Harris for consideration and breach of Contract  for his claims. For example see the case of Labriola v Pollard Group, Inc. (2004) Mini-case D The above is an offer and acceptance bi-lateral expressive written contract case between Lynx Cars Ltd and Roadstar Ltd though the agreement is not legal binding. The offeror is Lynx Cars Ltd whilst the offeree is Roadstar Ltd. The contract term as stated here are the quantity of cars (2000), time limit of five years with no financial loss incurred. Roadstar Ltd was informed in good time of just four weeks cancellation into the agreement. My verdict is that for Roadstar Ltd to make a claim the agreement must be legally binding which is missing in this case. Therefore Roadstar can withdraw from the agreement but cannot make any claims for compensation because of reasons given above. Mini-case E The above case was initially a unilateral case because it was advertised and opened to all but after the agreement was signed between Slick Cars and Paul it became Bi-lateral. The agreement was also an expressive one with contract term of conditions, warranty and trade puffs met. However if in the future something goes wrong with the car, Paul is not entitled too claims because all the sales conditions were met as of the time of purchase. Also if the car was discovered to have been stolen, Slick Cars Ltd and not Paul will be liable for prosecution. The warranty on the car includes the refund of road tax payment and an implied term of â€Å"buying a car from their hundreds of cars†. All the conditions regarding the sales of the car have been met bargain including the traders puff. My advice to Paul is to go ahead and buy the car as he has no liability regarding the car even if the car was to be a stolen one. However if the Trade puff does not represent what the advert says, or any of the condition is missing, Paul has the right to terminate the agreement his money will be refunded but will not be entitled to any compensation. However if the Trade puff defaults and Paul has evidence to support it, Paul can sue for compensation. Verdict Paul to buy the car but he should bear in mind that the warranty cannot end the contract but again, he could be compensated. Carlill v Carbolic Smoke Ball Company (1891) case refers. Mini-case F The above is a clear case of tort negligence and breach duty of care. Negligence failure on Duty of Care on both the part of the Council and the Leisure Centre. The Council’s notice was partially obscured so not visible to Jim and his wife, also the Council should have cut the overgrown shrubs failure to do this is maintenance negligence as this accident could have been prevented in addition Jim’s car damaged by the Council van is a health is an implied term and safety issue for which the Council is liable. The Leisure Centre on the other hand did not show any Duty of Care when the accident happened and therefore liable to pay for injuries and other related costs. In view of the above, it is my considered advice that Jim and his wife get compensated. See Blake v Galloway (2004) CA Q. 3.1 Tort is a civil wrong committed against an individual and originated from the Latin word tortum meaning â€Å"twisted wrong† and also conceded in court law as arguments for a legal action that can be resolved through compensations. See, e.g. Smith v. United States, 507 U.S. 197 (1993). This is a case involving the of a husband who got killed whilst working for a private firm under contract to a Federal Agency in Antarctica a region with no recognised government and without civil tort law and the wife sued The United States under the Federal Tort Claims Act (FTCA) for wrongful death in action. The case was dismissed by the District court for lack of jurisdiction because Mrs Smith’s case was stopped by FTCA’s foreign country exception policy that states that the statute’s waiver of sovereignty immunity does not apply, however, the Court of Appeals affirmed. (https://supreme.justia.com/cases/federal/us/507/179/case.html) The principal reason for tort law is ensuring compensation is given for the injuries sustained and to prevent others from committing the same harms. Inclusive of the types of injuries the injured party may recover are: loss of salaries fitness, pain hardship, and rational medical costs. These are inclusive of both present and future expected losses. Tort could be in form of trespass, assault, battery, negligence, products liability, and intentional infliction of emotional distress Torts are classified into three categories as follows: Intentional torts: These are intentional acts that are rationally and foreseeably done to injure another person. Intentional torts are unethical behaviours the defendant knew or should have known could transpire as a result of their actions or inactions, an example is to intentionally hit a person. Case of Broome v Perkins [1987] Crime LR 271 refers. The appellant was diabetic and drove in an unsafe manner whilst suffering from hypo-glycaemia, a low blood sugar level caused by an excess of insulin in the bloodstream. His claim of non-insane automatism failed because of evidence that he had exercised conscious control over his car by veering away from other vehicles so as to avoid a collision and braking. His was found guilty for driving without undue care and attention Negligent torts are the most common tort used to describe behaviour that constitute unreasonable risks to harm to a person or property or where the defendant’s actions were irrationally precarious. Vaughan v Menlove (1837) 3 Bing NC 467 in this case the defendant’s haystack caught fire because of poor ventilation. The defendant had been warned several times that the haystack could cause fire but he contended he had used his acumen and did not anticipate a risk of fire. The court held his logic was inadequate. He was adjudged by the standard of a reasonable man. (www.e-lawresources.co.uk) However, it pertinent to mention that not all wrongful act is a tort. In order for a tort to be constituted the following must exist: Every wrongful act is not a tort. To constitute a tort, There must be an unjustified action carried out an individual person The unjustified action must be serious in nature to have given warranted a judicial relief and Such judicial relief should be in the manner of an action for un-established injuries. Strict liability torts are when a person places another in danger in the absence of negligence because he possessed weapon, animal or product and it is not compulsory for the plaintiff to prove negligence meaning :mens rea†. http://education-portal.com See Sweet v Parsley 1970 HL This is a case involving a landlady who lets rooms to tenants however she kept a room for herself and visits once in a while to collect her letters and the rent. In her absence the house was raided by the police and cannabis found. She was  found guilty under s5 of the Dangerous Drugs Act 1965 (now replaced), of â€Å"being concerned in the management of premises used for the smoking of cannabis†. She appealed and claimed no understanding of the situation and could not be expected to rationally have acquired such understanding. Her conviction was revoked by The House of Lords, due to lack of proof that she purposely rented her house to be used for drug-taking, since the statute in question created a serious, or â€Å"truly criminal† offence, the judgement convicting her would have grave consequences for the landlady who is the defendant. Lord Reid stated that â€Å"a stigma still attaches to any person convicted of a truly criminal offence, and the more serious or more disgraceful the offence the greater the stigma†. Lord Reid in furtherance pointed out that it was inappropriate to levy her for total liability for this type of wrongdoing because the people who were in charge for renting properties are not likely to have anticipated everything that their tenants were doing. It is imperative to mention that there are both similarities and differences in torts. Similarities between tort and contract laws The above two laws share the same similarities in that they are both civil wrong. In tort the injured person will claim damages with a classical example of Donoghue v Stevenson (1932) whilst in contract the injured person will sue for compensation an example is the case of Dunlop Pneumatic Tyre Co. Limited v New Garage & Motor Co Limited (1915) A C 79. In both tort and contract violations monetary rewards or any payment that will atone for the losses Differences between tort and contract laws are shown in the table below: Tort Law Contract Law No relationship with the claimant, could be total stranger Claimants could be known to each other and parties to the contract Consent not necessary liability is warranted by one individual against another Consenting parties are involved Tort is punitive Contracts is positive, creative situations Tort is used to claim compensation by the injured party Contract involves two or more parties In tort damages are imposed by court or negotiated In Contract compensations are awarded as stipulated in the contractual agreement Tort law is not codified Contract law is codified Tort law safeguards right in rem available against everyone It protects rights in personam meaning against a particular person Damages are un-liquidated Damages are liquidated Source: http://www.acadmia.edu Q. 3.2 Negligence is the failure to take reasonable care or exercise the required amount of care to preventing harming others. An example is where an accident occurs that injured another person or cause damage to the car because the driver was driving erratically, the driver could be sued for negligence. http://www.thismatter.com Negligence in behaviour and duty usually have a disastrous effect on individuals and the society as whole, and in order to protect the society from these dangerous acts, legal steps are taken such as included in the elements of negligence. Consequently, elements of negligence as explained below: Duty of Care: is the statutory obligation made mandatory on every rational human being of sound mind to exercise a level of care towards an individual, as reasonably in all the situations, so as to avoid injury to other fellow human being from being or damage his or her property. An example is the celebrated case of Donoghue v Stevenson (1932) in which the claimant drank gi nger beer bought by her friend containing a dead snail causing her harm . This case brought about the â€Å"neighbour principle test† and according to Lord Atkin â€Å"Reasonable care must be taken to avoid acts or omission which one can reasonably foresee to injure one’s neighbour and this brought about the question ‘Who then in law is my neighbour?’ Neighbours are those individuals who will be closely and directly affected by one’s act† This case led to the Neighbour’s principle. Duty of care is therefore based on the relationship of different parties’ involved, negligent act or omission and the reasonable foreseeability of loss to that person http://.www.carewatch.blogspot.co.uk. The loss here may arise as a result of misfeasance or nonfeasance and may also cause pure  economic loss as I the case of Ultramares Corporation v Touche (1931) and psychiatrist damage or nervous shock. Case of Alcock v Chief Constable of South Yorkshire Police (1991) refers In order to establish a Care of duty, the liste d bullet points below also known as the tripartite contained in negligence must be met: The element must be reasonably be foreseeable There must be a relationship between the claimant and the defendant It must be fair, just and reasonable in such environment or situation for a duty of care to be sanctioned. Example is the matter of Caparo v Dickman (1990) HL a case involving auditors certifying false account for the company. (www.sixthformlaw.info) Breach of Duty: is where the defendant fails to meet the standard of care as stipulated by law and to confirm if the defendant owed the plaintiff any moral or obligatory duty. However the defendant is not enforced to have any contractual liability with the plaintiff. The responsibility can be moral or legitimate. Example is the case of Willsher v Essex Area Health Authority (1988) 1 AC 1074 in which a premature babe was given overdose of oxygen by a junior doctor that affected the baby’s retina and made him blind. The case was affirmed as the defendant was in breach of duty (www.e-lawresource.co.uk) Psychiatric Injury: This arises from â€Å"sudden assault on the nervous system (www.lawteacher.net) and until recently was uncertain in tort of negligence. For claimants to make claims regarding psychiatric injury he or she must be able to prove that the injury was genuine. However emotions of grief or sorrow are not enough to cause psychiatric injury Hinz v Berry (1970) 2 QB 40 The Hinz family went out for a day trip when a jaguar driven by Berry ran into the Hinz’s car killing the Mr Hinz and injuring the children. Mrs Hinz witnessed the incident and became depressed but her claim was rejected by the Court of Appeal. Factual Causation: This is the process where it must be proved reasonably in the law that the defendant’s ‘action’ led to damage. This in some cases, applying â€Å"but for† test in most cases resolve the disputed tort’s law cases but if it was proved, the fact must go hand in hand with the other elements, in order to make the case valid and if established, then the defendant is said to be liable to damages. The case of Barnet v Chelsea & Kensington Hospital Management Committee (1969) in which a Mr Barnett went to hospital and complained of stomach pains and vomiting, he was attended to by a nurse who  informed the doctor on duty. The doctor told the nurse to send him home and visit his GP in the morning. Mr Barnet passed away five hours later due to arsenic poisoning. Even if the doctor had examined Mr Barnett at the time he visited the hospital there was nothing he could have done to save him. The hospital was found not liable but this case introduced the â€Å"but for† test that is, the hospital was not negligent for the death of Mr Barnett. Bermingham. (2005). However, there is no need to prove negligence has a certain pattern or order. The elements are principally the determining rules in assessing whether a certain case is a case of negligence or not. Damages: This is the sum of money a plaintiff gets awarded in a lawsuit. There are various types of damages such as: Special damages: caused by the injury received inclusive of medical and hospital bills, ambulance charges, loss of wages, property repair or replacement costs or loss of money due on a contract. General damages: is a result of the other party’s actions, however, they are subjective both in nature and in determining the value of damages. These include pain and suffering, future problems and crippling effect of an injury, loss of ability to perform various acts, shortening of life span, mental anguish, and loss of companionship, loss of reputation in a libel suit, humiliation from scars, loss of anticipated business and other harm. Exemplary (Punitive) damages: This is the combination of punishment and the setting of public example. Exemplary damages may be awarded when the defendant acted in a malicious, violent, oppressive, fraudulent, wanton or grossly reckless way in causing the special and general damages to the plaintiff. On occasion punitive damages can be greater than the actual damages, for example, in a sexual harassment case or fraudulent schemes, though these damages are often requested for, they are rarely granted. Nominal damages: These are damages awarded when the actual harm is minor and an award is necessitated under the circumstances. The most famous case was when Winston Churchill was awarded a shilling (about 25 cents) against author Louis Adamic, who wrote that the British Prime Minister had been drunk at a dinner at the White House. The Times. (1947) Liquidated damages are damages pre-set by the parties in a contract to be awarded in case one party defaults as in breach of contract. The case of Dunlop Pneumatic Tyre Company v New Garage & Motor co (1915) AC 70 refers. Defences for  Negligence: This is where the defendant tries to introduce evidence that he did not cause the plaintiff’s damage or injury. (www.injury.findlaw.com) There are several defences obtainable to negligence claims such as: Violenti non fit injuria: This is a Latin phrase which means â€Å"for a willing person, there is no harm† and used in civil cases as a defence especially when the claimant voluntarily assented to start legal risk of harm at his own peril. In the case of: Smith v Baker (1891) AC 325. The plaintiff was employed by the defendants on a railway construction site and during the course of his work rocks were moved over his head by a crane. It was known to both the plaintiff and his employers that there a risk possibility of a stone falling on him and had earlier complained to his employer about the risk A stone fell and injured him and he sued his employers for negligence. His employer pleaded violenti non fit injuria and declined by the court because although the plaintiff knew about the risk and continued to work but no evidence shown that he voluntarily undertook to run the risk of injury, but his continuance to work did not indicate volens (his consent). Contributory negligence: This defence applies where the damage suffered by was caused partly both by the claimant and the defendant. Here the defendant must prove that the claimant failed to take reasonable care for his own safety and this caused the damage. This was enacted in the Law Reform Contributory Negligence Act 1945 according to Cracknell (2001) that (1) â€Å"Where any person suffers damage as the result is partly of his own fault and partly of the fault of any other person or persons, a claim in respect in respect of the damage shall not be defeated by by reasons of the fault of the person suffering the damage, but the damages recoverable in respect thereof shall be reduced to such exte nt as the court thinks just and equitable having regard to the claimant’s share in the responsibility of the damage† so, if contributory negligence is confirmed the claimant would be awarded the cost proportional to his own fault of the damage. For example if the claimant was entitled to  £20,000.00 (Twenty thousand Pounds and he was responsible for 25 per cent of the damage, the claimant would be awarded  £15,000.00 (Fifteen thousand Pounds only). However, sometimes contributory negligence operates in complete defence as in Common law where the court found the claimant to be partially blame for their injuries they might receive nothing. In the case of Butterfield v Forrester (1809) 11 East 60  the plaintiff was injured when rode his horse erratically and ran into a post obstruction negligently left on the road by the defendant near his house with the intentions of carrying out repairs. A witness confirmed the plaintiff (Butterfield) was riding dangerously and could not avoid the post. The witness further testified that if the plaintiff was not riding dangerously he would have seen the post and the accident would have been avoided. The plaintiff was found guilty of contributory negligence and received nothing. Froom v Butcher (1976) QB 286. The driver of a car did not use the safety belt and was seriously injured in the accident with the defendant’s car as a result of the defendant’s negligence. The injuries sustained by the driver would not have been that serious if he wore the seat belt. His damages were reduced by 20 per cent by the Court of Appeal. This accident resulted in the introduction of not wearing safety belt as a criminal offence. Statutory or Common Law Justification: In certain situation a person may have a worthy defence to a tort action if he has valid evidence that his actions are covered by statutory rule and applicable law or legislation. A good example is the Police and Criminal Evidence Act 1968 distinctly setting out the power of Police to arrest, stop and search and entry. If these powers are used fairly and responsibly, the Act will yield a good defence to a tort action. Self-defence might possibly be a good justification in common law for tortious actions as in the case of R v Gladstone Williams (1984) 78 Cr. App. R. 276. Ex turpli causa non oritur actio (Illegality) : This is coined from Latin to mean â€Å"of an illegal act there can be no lawsuit† (www.legal-glossary.com) In the case of Vellino v Chief Constable of Greater Manchester (2002) 1 WLR 218 Court of Appeal Vellino was a regular offender with history of convictions. He was arrested and as usual tried to jump from the second floor window and got himself injured seriously. The Police were aware of his several attempts in the past and knew this to be dangerous but did nothing to stop him from escaping. In his attempt to escape from the second floor he injured himself and suffered fractured skull resulting in brain damage and quadriplegia also known as tetraplegia, a paralysis caused by the injury he sustained making completely dependent on people for support. Vellino sued the Police and claimed they owe him duty of care to prevent him from injuring himself which the Police denied and in their defence raised ex ‘turpi causa’ that it was a criminal  offence for an arrested person to attempt to escape. The claimant’s appeal was dismissed. Consent: Is a full defence raised in civil cases especially when a defendant is sued for civil litigation for committing an intentional tort. . It is also referred to as assumption of risk and it plays an important role in law. In common law consent is regarded as a necessary ingredient for creating a binding contractual bargain. In addition Consent is very closely linked with â€Å"volenti non fit injuria†. Below are the types of Consent: Express Consent: Is when the defendant agreed to willingly submit to plaintiff’s action. For example, Tom willingly takes part in a tackle football game and Henry tackled Tom, Tom suffers a knee injury. Henry is not liable because Tom obviously consented by agreeing to take part in the game. Implied Consent: is deduced from plaintiff’s conduct. (O’Brien v Cunard S. S. Co., 28 N. E. 266 (1891) Plaintiff was a passenger abroad on one of the Defendant’s ships. She was vaccinated whilst on the ship and suffered complication resulting in injury. She sued for assault and injury. Her case was dismissed on the grounds that she did not object when the defendant’s doctor indicated he wants to vaccinate her. Informed Consent: This is an individual’s agreement to allow something to occur made with full knowledge of the risks involved and other options to his chosen course of action. However, consent by the plaintiff does not authorise the defendant to do whatever he wishes to the plaintiff because of the contact that the defendant made with the plaintiff should not go beyond what the plaintiff consented to. For example, if I visited my Dentist to remove a rotten tooth and in the process he noticed a tumour and removed it without my consent. I could sue my GP for assault and injury because I did not consent to him to remove the tumour I only consented to him to remove my rotten tooth. (1) Consent will be void if it is obtained by trickery or by fraudulent means. Bartell v. State 82 N.W. 142 (Wis. 1900). Case refers. (2) Consent will be void if it is given under duress or threats of physical force. (3) Consent will also be void if it was given as a result of a mistake and the mistake was (a) Caused by the defendant, or (b) The defendant was aware of the mistake and he did not alert the plaintiff. Necessity: It is an affirmative defence that is raised when a tortious act is committed by an individual, for the prevention of greater harm or injury from occurring to the community, defendant or defendant’s property. Regina v Dudley & Stephen (1884) 14 QBD 273 DC. In this case, Dudley and Stephen the defendants and Brooms were ship wrecked with Parker, a fellow young seaman. They have been without food and water for almost three weeks. The defendants killed Parker to provide food for themselves to save them from starvation but Brooms dissented. They were found guilty of murder (www.casebriefs.com) Q. 3.3 Vicarious liability is â€Å"one which on one individual as a result of an action of another†. Rutherford and Bone. (1993). For example, is the liability of an employer for the acts and omission of his employees. It can be regarded as strict liability due to the defendant not being at fault. The most popular vicarious liability is when the employee otherwise the ‘tortfeasor’ commits a tort while in his employer’s employment, the employer is held liable and this due to the doctrine of ‘respondeat superior’ a Latin phrase meaning ‘let the master answer’ . For a court to establish if an employee acted whilst in employment the following must be confirmed if: Did the action happen whilst the employee is at work and during working hours? Did the employer employ the employer when the incident occurred? Was the injury due to the actions of the employee in the role the employed was hired? Example is the case of Mattis v Pollock (t/a Flaming o’s Nightclub) (2003) EWCA Civ 887 The bouncer was employed by Flamingo night club and in the course of performing his duty he got into a fight with one the customers and stabbed the customer. His employer were held liable for the injuries caused to the customer. Other case example is Other was in which a business can be liable in vicarious manner is when the employee acted in an unauthorised ways whilst performing the contractual duties, or when the employee acted against his employer’s instruction, or if the employee commits fraud and  acted against his work boundaries. In all the above, the employer is still liable vicariously. Examples of different cases are enumerated below: In the case of Century Insurance Co. Road Transport Board (1942) AC 509 HL and Limpus v. London General Omnibus Co (1862). The driver o a petrol tanker was in employment whilst transferring petrol into and underground storage tank. He struck a match to light a cigarette resulted in explosion that caused a lot of damage. It was held negligent the driver was negligent in carrying out his duties and his employer was found negligent. Limpus v. London General Omnibus Co. (1862) in this case th e driver was speeding to collect passengers and purposely obstructed the driver of a rival company and overturned the latter’s bus despite that the bus driver had been warned strictly not to cause obstruction. His employer LGOC was found liable Employee committing a fraud whilst in employment is illustrated in the case of Lloyd v Grace, Smith and Co. 1912 in this case the plaintiff wants to sell some cottages and went to the solicitors. The managing clerk of Lloyd conned the plaintiff to transfer the cottages to him and embezzled part of the mortgage money. Lloyd was sued by the employee and they were found liable for the fraud committed by the clerk even though it was only the clerk who benefited from the fraud. Control Test: The control test was the original test that has its origin in master and servant law and it also explore who has dominance over the way work is carried out the work. This test was applied in Mersey dock and Harbour Boards v Coggins and Griffiths Ltd (1946) Mersey Dock was in charge of training and for providing crane operator to organizations. Mersey contracted one of his operators to Stevedore Company and caused injuries through his negligent in operating of the cra ne. Mersey Dock was found liable as it was assumed the crane operator was in their employment as a contractor. Finally, the Employee’s criminal behaviour is one of the positive factors of how a business can be vicariously liable because if whilst in employment commits any criminal action his employer is liable vicariously the case of Heasemans v Clarity Cleaning (1987) Court of Appeal where the defendant employed an office cleaner who in the course of her duty used the plaintiff’s telephone for international calls. The appeal of the contactor was successful as it was held that was not vicariously liable for his employee’s act Health and Safety Act 1974: It is also referred to as HSWA or HASAWA is the main piece  of law or legislation that covers occupational health and safety at work and gives wide-ranging duties on employers to ensure in a reasonable practical manner the health, safety and welfare at work of all employees, likewise it also expect some degree of responsibilities from employees. Source: (http://www.hse.gov.uk/legislation/hswa.htm) The main purpose of this Act is to ensure: The security, of health and safety as well as the welfare of individuals at work To protect individuals against risk to health and or safety in relations to the activities of individuals at work To control and prevent the use of illegally acquired of hazardous dangerous substances. Employers’ responsibilities include: To provide and maintain safety equipment and safe systems at work. To ensure hazardous materials used are properly stored, handled, utilised and transported safely To provide supervision, instruction, information, training at work for employees To ensure the control of certain emission into air To provide a safe working environment To provide a written safety policy/risk assessment for employees Look after the health and safety of others such as the members of public. On the other hand, the employees’ responsibilities include: Taking care of their own health and safety and that of others, failure to do this makes the employees liable Must avoid interfering with things provided by the employer in the interest of health and safety Must cooperate with their employers Source: (http://www.slideshare.net/ManojRNair/work-based-learning-health-and-safety-act-1974) Finally, it is worth mentioning that there are other several relevant legislations amongst which are: Management of Health and Safety at Work Regulations 1999 Fatal Accident Act 1976 Limitation Act 1980 Law Reform (Contributory Negligence) Act 1945 Employers’ Liability (Compulsory Insurance) Act 1969 Employers’ Liability (Defective Equipment) 1969 Civil Procedures Rules (as amended by the Woolf reforms) Sources: (www.leeds.ac.uk) In conclusion the above report has critically and chronically been done and analysed to reflect on all the relevant issues affecting Aspects of Contracts and Negligence. â€Å"Vicarious Liability.† StudyMode.com. 02, 2013. 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