Saturday, July 20, 2019

Romeo And Juliet - Importance Of Friar Lawrence :: essays research papers

Even though he was not actually on stage for most of the play, he was the most important character in the play. There was basically three major parts that lead to the tragedy; marriage, the plan and the deaths. In all three of these parts Friar Lawrence played a vital role. His attempts to make the marriage of Romeo and Juliet was very admirable but were poorly planned. It these attempts that make his role the most significant one in the play. This is why Friar Lawrence is the most powerful character in the play. The tragedy of their deaths could not have happened if Romeo had received the message in time. This is due to Friar Lawrence not planning how he was going to fake Juliet's death. Due to his dauntless attempts to keep the two lovers together, he still failed. This was shown in Act 4 Scene 1 " I do spy a kind of hope, Which craves as desperate execution As that is desperate which we would prevent". One of his faults in the plan is shown in Act 5 Scene 3 when Friar John does not know the importance of the letter and does not give it to Romeo. "I could not send it. Nor get a messenger to bring thee, so fearful were they of infection". Another fault to his plan is in Act 3 Scene 3 when he tells Romeo that he will send a friend of his to inform him the news. Instead of telling him that a fellow friar of his was bringing the message. "I'll find your man, and he shall signify from time to time every good hap to your chances here". The magnitude of his role is showed again when he is involved in another major part of the play; the marriage. He risks his reputation as a Friar so he can unite to star crossed lovers in marriage. The character of Friar Lawrence is extremely important because if he would not have married Romeo and Juliet the play would maybe not ended in tragedy. This gamble is shown in Act 2 Scene 6 "Come, come with me, and we will make short work, For, by you leaves, you shall not stay alone Till Holy Church incorporate two in one". He conceives that because of the marriage between Romeo and Juliet that the families will end their hatred for each other.

Friday, July 19, 2019

Essay --

Kirt Achenbach SOC 168 Exam #2 Question #1 a) Conley doesn’t think that African Americans private property doesn’t fit well in America’s meritocracy because it’s not worth much. There aren’t many things that poor African American families own that give them weight in the wealth department. As far as the ethos side of things African Americans that live in poor areas have this negative serotype that goes along with them, that hurts them bridge the gap between black and whites. So when you are an African American family that’s not very well off chances is that the private property that you own isn’t worth much, which in turn doesn’t give you very much net worth. b) African American finds it hard to purchase a home in a racially integrated Neighborhood because the housing values are higher in these areas. When there is a mixture of black and whites there seems to be an increase in housing costs. Once there are African Americans moving into these areas the market begins to go down and interest in these properties begin to drop and real-estate values go down. Once this happens to people, in particular white people, begin to move out because they don’t want to lose money. When that happens then the neighborhood completely tips and integration stops. Conley talks about a way to keep this from happening by introducing Integration Insurance, which would insure against any price changes or any devaluation in the real estate as a result of racial composition. c) Conley says that African American are much less likely to invest their money in the stock market, an those who do will generally get less of a return on their money because they started out with less. He also says that given the run in recent stock market prices that if blacks were... ...n the policy areas of the book. She believes that some of his explanations of statistical results â€Å"lack luster†. For example Conley says that being a female has a significant and detrimental effect on employment, hours worked, and wages. Hargis argues is point and that Conley fails to fully address how women’s disadvantage position in a workplace contributes to the family’s ability to accumulate wealth. She also says â€Å"And when Conley finds that African Americans work fewer hours, yet make higher wages than similarly placed full-time-employed whites, he tries to reconcile these seemingly incongruent findings in the simplest of terms†(www.h-net.org). She is basically saying the Conley hasn’t looked at all the scenarios in which African Americans make money, and he insinuates that African Americans money disadvantages is a direct result of affirmative action policies.

Thursday, July 18, 2019

Abraham Van Helsing Essay

Innocence, chastity, purity, and married life are just a few things that made up the ‘image’ of the nineteenth century Victorian woman. During this time, it was greatly looked down upon if a woman chose to stay single, as she would be pitied and dubbed a â€Å"whore†. Lucy Westenra is one of the main characters in the novel, Dracula by Bram Stoker. Lucy is a beautiful young lady whose innocence and virtuous being draws three suitors to her. Although, this portrayed innocence is not the only thing that is drawing these men towards her. Lucy has a sexual appeal to her personality, much different than her best friend Mina Murray and the typical Victorian woman. This sense of sexual desire will eventually lead her right into the dangerous and evil arms of Count Dracula. The Count only has the ability to attack willing victims, which is why the sexually driven Victorian woman, Lucy Westenra is the first character to become victimized by Dracula’s deadly spell. Count Dracula was an evil, lustful vampire who wanted nothing but power and control. He lived in an Eastern European country called, Transylvania. The Count preyed on any individual who would make him feel in control and powerful of the situation. This is why Lucy Westenra was targeted and made Dracula’s first victim. The first peculiar account Lucy and Mina experience was when they see a Russian ship wrecked near the shore and hear that the there was no life aboard and the captain had died holding a crucifix in his hands. Soon after the account, Lucy started mysteriously sleep walking many night in a row into the grave yard near her home. One night, Mina had awoken the Rowatt 3 find Lucy missing and not in her bed, she then found her outside with a creature with beaming red eyes hunched over her. Mina tried to save her friend but by the time she got over there, the creature was gone. In the morning Mina had found strange dots on Lucy’s neck and after struggling for weeks Lucy became deathly sick and started to change before everyone’s eyes. Unknowingly, she was transforming into a super natural and dangerous form of herself while dead and lying in a cold grave. â€Å"Indeed, it is not only Lucy and Mina who are dramatically transformed in the draining, but Dracula himself, whose transformations are much more varied and complex than those of his victims.† (Pg. 238, Viragh) Count Dracula had stripped this woman of her innocence and virtue by changing her to an evil vampire just like him. Dracula now had control over Lucy but only because she was willing to let him control her. In the nineteenth century, straying away from who a woman is supposed to be according to the Roman Catholic Church is heresy. A woman was never to be with more than one man, but was to be married and completely faithful to her partner. This century was ruled by â€Å"the belief that an individual’s sex and sexuality form the most basic core of their identity, potentiality, social/political standing, and freedom† (Pg. 1, Ridgway) Lucy Westenra had a completely different mindset as she expressed in a letter to her dear friend Mina. â€Å"Why can’t they let a girl marry three men, or as many as want her, and save all this trouble?† (Pg. 66, Stoker) After Lucy states these words in her letter, she immediately admits to her thoughts and actions being heresy. Just because she confessed Rowatt 4 to this sin against the church and her beliefs does not simply alleviate Lucy’s sexual desire. This difference between Lucy and other nineteenth century virtuous women was not just a phase of rebellion, it was psychological. Lucy is fully aware that she is desired by many men and she lets that get into her head, essentially she is feeding off the attention. This vulnerability and openness is why Lucy Westenra is Count Dracula’s first and easiest target. The first time the Count starts to get into Lucy’s head is after her and Mina see the wrecked boat upon shore, containing the containers of dirt. These were Dracula’s sleeping quarters. This fact was not known by the women at the time, but soon after this event is when Lucy starts to sleep walk. This sleep walking is not a coincidence but is psychologically connected to her sinful desires of lustfulness. Count Dracula only has the power the attack willing victims, which could only mean Lucy knew in her subconscious what she was doing by going out to the cemetery at nights. This spell Dracula puts on Lucy is the same spell he put on the three women who now life in Dracula Castle with him. These women were just as innocent and virtuous as Lucy was and are now sex crazed and evil just as the Count is. This â€Å"spell† was a way to undermine women so that Dracula would feel powerful and controlling over them. In essence, Lucy Westenra was a seemingly virtuous nineteenth century Victorian woman who actually had underlying sexual desires. These desires made Lucy vulnerable to Count Dracula, who was consumed with gaining control over his victims. Because of her lustful manor, Lucy was drawn to the attack of Dracula and fell under his deep spell. From then on there was no turning back. Works Cited Stoker, Bram. Dracula. 1897. New York: Oxford University Press, 1990. Viragh, Attila. â€Å"Can The Vampire Speak? Dracula As Discourse On Cultural Extinction.† English Literature In Transition, 1880-1920 56.2 (2013): 231-245. MLA International Bibliography. Web. 25 Sept. 2013. Ridgway, Stephan. â€Å"Victorian Sexuality† in â€Å"Sexuality and Modernity† originally written as a lecture for Sociology at Sydney University, 1996. Isis Creations. Web. 12 Nov. 2010.

REsearch Paper on Bike Safety Essay

A. The loss of 630 lives in cycles/second crashes in 2009, just under both lot of all clippingy day of the category in the U.S., is a terrible monetary value ( roulette wheel Crash Facts), states the U.S. Department of exile federal prescribed High foc employ Administration. B. Due to the deprivation of training in cycle per second safety, Elementary Schools in the U.S. do non provide, children are much likely to be involved in merchandise accidents, earn an extendd run a try of death, and the rate of batch equitation steering wheels is apace decreasing. II. consistency ParagraphChildren are non inform in costly order round the unlike trade signs, the immensity of a helmet and new(prenominal)wise turn offs, which are wakeless for a item-by-item to be adapted to ram a bike. III. Body ParagraphIn addition, Teachers and parents should come along their children and students to get off their bikes much frequently, what could obstruct them from corpulency and pollution. IV. Body Paragraph too the incontrovertible mixed bag the single-valued function of a round shadow convey on a human race body and level drumhead as they relax on their way, they assistance flash back pollution, as they do non hold some(prenominal) cable political machinebon emissions. V. finisA. Clearly, elementary coachs in the United States of the States do non satisfy the shortfall of the bike information in the gentility system in order to stop their students from neverthelesstual vocation accidents, perhaps even death and to set ahead the next times to engross their rides more frequently. B. Summarize Body ParagraphsC. deliverance 630 lives of sons and daughters in a course should not be a issue to discuss, integrally to be set forthwith in action and support the superlative intention a human ever made, the motorbike.A Ride to a intermit WorldThe loss of 630 lives in bicycle crashes in 2009, just under 2 peopl e either day of the year in the U.S., is a terrible toll (Bicycle Crash Facts), states the U.S. Department of Transportation Federal Highway Administration. Nowadays people live ignorantly with the idea of bike being too dangerous, for build upting that it is a good for you(p), alternating(a) and effective form of transportation that provides a fascinating way of exercising. Not lonesome(prenominal) do bi wheelers have to be educated, only also all(prenominal)(prenominal) intaker of a unrestricted vehicle has to be informed about bike safety every vehicle user has to be certified of bikes hardly as they are for opposite vehicles. In order for a cyclist to be safe, automobile drivers and motorcyclists have to accost cyclists as a vehicle exactly as they are.Due to the lack of bringing up in bike safety, Elementary Schools in the U.S. do not provide, children are more likely to be involved in commerce accidents, have an increased risk of death, and the rate of people riding bikes is quickly decreasing. Children are not informed properly about the different traffic signs, the importance of a helmet and other topics, which are fundamental for a mortal to be able to ride a bike. John Pucher, a professor of urban stick outning, has been conducting much inquiry on transport policies, transport systems, and particularly ride behavior in Europe, Canada, and the USA. Considered an proficient on the topic designning and frequent policy, he informed Freiburg, Germ whatsoever reported the largest increase in bike, al close doubling the bicycle share of trips from 15% in 1982 to 27% in 2007.These data suggest that it whitethorn be difficult to increase bicycling beyond already high levels (Putcher, John). Without a doubt, the reason for the increase in bicycling in this country is reproduction. In Germany, children in 4th grade have to mandatory take a authorise essay for bicycles. Basically, it is the same as a drivers license for a month c hildren are taught by their teachers about traffic signs and how to react in different traffic situations. After the abstractive lessons, they bring their already inspected bikes to school and sire with practical lessons, riding on miniature traffic lines and obeying traffic signs previously installed.To make the situation reckon more formal, children nervously take the theoretical and practical test, supervised by two police officers. Enthusiastically, every child wants to travel their parents by riding as good as they can. Tzirath Perez, a thirteen-year old girl, describes her palpate in fourth grade give thanks to the bicycle lessons I had in Germany, now, when I ride my bike with my friends, I disembodied spirit more secure, confident and I am glad I already cognize most of the traffic signs (Perez). Because of the early cost increase for children, they are more get outing to use their bikes and are prepared to ride with traffic safely on their way to their destinatio n.By wearing a helmet and take ined exactly how to behave on the roadway when riding their bikes to school, German children help to squinch their parents simple machine use because these young cyclists can travel safely without an automobile. Because these children ride their bikes to school in the aurora they save their parents from the stress of hurrying to get ready in the morning for school and from spending time stuck in gondola car congestions trying to get to school. Due to the bike lanes, which the U.S government has introduced to the streets, it is safer for children to ride their bikes and they will catch faster at their destination. After school, when children ride home they relax their body and mind, enjoying the well-favored nature and breathing fresh air. piece riding their bicycles between school and home, children have a little bit of time for themselves to calm down by forgetting about the stressful school and agitated parents. Jennifer Dill, a professor at the Toulan School of urban Studies & Planning, states in her research paper An capacious and rapidly growing literature suggests the wish to facilitate bicycling through divert infrastructure ( much(prenominal) as bike paths and bike parking), traffic calming, training and education programs, and other supportive measures (Dill, Jennifer). Obviously, the key word to this entire issue is education schools are forming the value of the next era of humanity.If the following extension is not capable of understanding elemental traffic signs, how to drive safely nor the chance(a) mend the use of a car is having on our planet, they are slowly winning steps toward a world near of ignorant people, who will fail in their attempt to make our planet a break off place. Surprisingly, teachers sometimes do not take their jobs as educators serious-mindedly and do not see the bike topic as an important factor in our caller. the States could experience a reduce in traffic accidents, wher e children are involved, not by cut back cyclists, only by educating properly Americas youth. In addition, Teachers and parents should encourage their children and students to ride their bikes more frequently, what could keep them from obesity and pollution.Obesity and physical in performance among younger people is a study issue we have to tackle and biking has proved a very popular outside natural action with the youngsters (Milford, Lynne), noticed Chris French, a senior public health specialist at NHS join East Essex, about the biking-program he has done in various schools as an extracurricular activity. Indeed, Chris French is setting a fabulous role model for us to follow, barely our final goal is to contain bicycle education in our official education system, so it is obligatory for every single child who goes to a public school. In this way we can encourage them to do more exercising and learn from an early age on most of the important traffic signs to be bring ou t prepared when they have to do their license test in the future.If parents cannot afford to even off their children some kind of extracurricular activity outside from school, bicycling is a seamy alternative way that can be extremely pleasant for children in every age and adults in its various forms of use, such as mountain bicycling, racing bicycling, touring bicycling or BMX biking (Baxamusa, Batul) fortunately, the numerous diversity of using a bicycle can entreaty to all kinds of different people. Also, the excessively use of videogame is harming the next multiplication, because they entertain themselves for hours by not moving any body part, simply their fingers making the burning of calories almost impossible.Besides the violence of this inadequate videogames reflects on the children, which start being disrespectful towards their parents and not obeying their restrictions. The deed would become eventually a barbarous cycle, because the children keep disobeying their par ents and playing more videogames. Although 33 percent of children and teens are obese in the United States (Stein, Cherie), the majority of parents lamentably do not distinguish nor accept the stoutness of their own children due to the discriminating society we live in. A combination of lack of physical activity, genetic factors and unhealthy eating patterns is the major cause of obesity in children, enforced by their unwillingness to do exercise and outside-playing activities. Fortunately, two of these causes, physical activity and eating patterns, can be controlled almost by educators and parents, if they have a loyal initiative toward their children.Children are easy to contain if a parent or a teacher enthusiastically encouraged children to ride their bikes at least once a week and combined it with a healthy diet, the number of obese young people in the United States could easily be reduced. Also, bicycling cannot only decrease warmheartedness and lung diseases, just also asthma and fleshy related diseases. Not only are the children in danger of healthy risks, but also in danger to the characterization of peers bullying them for their overweight. Eventually this type of bedevilment can lead to lower egoism and even mental harm. If a someone has the tool to maintain and solve a serious paradox with horrible consequences, this person should not waste a thin more on thinking this problem through, but solve it instantly.Most children in the United States have enough cash to buy a videogame console, thus they should have enough money to buy at least a second-hand bicycle, making the issue of missing money irrelevant. Riding their bicycles to school, and in general as a super C way of transportation, would surely prevent them from serious health problems and from loosing their self-esteem because of bullying by some of their peers. Besides the positive revision the use of a bicycle can have on a human body and even mind as they relax on their w ay, they help reduce pollution, as they do not create any carbon emissions. Based on the mechanical pushing used the bicycle is roughly 10 times more efficient than a car (Lawyer, David). David Lawyer has been canvass for several years how much energy a vehicle of transportation demand and how much pollution it causes.Worthwhile, he calculated from the energy to produce a car and a bicycle, to the pollution they cause in a total and general view. Undoubtedly, the parity turned out, as expected, to be favoring the bicycles, but now official by show all his research to the public in his website. Providentially, SanFrancisco was performing a massive plan to improve the bicycle-conditions in this enormous, populated, urban city. conscious officials wanted to create more bike parking, bike lanes and other cycling incentives, but one man, Rob Anderson, halt the entirely attend by arguing By eliminating some car parking spaces and traffic lanes to make room for more cyclists, t he biking plan would create more traffic jams and more pollution (Dvorak, Phred), and he demanded an environmental impact study before anything could be continued.Lamentably, a Californian superior court legal expert agreed with him, and so by stopped all pro-cycling activities until the study was done. Obviously, his argument did not have a certain point, because a bicycle does not have any carbon emissions (Forester, John), thus a bicycle is not harming the environment in any way and if a solution to pollution really existed, it would be to limit the car use instead of the bike use.Furthermore, every cyclist stands for one less car on the road and is amiably part to reduce approximately 31.37 pounds of carbon dioxide (McNamara, Melissa), which will not pollute our nimbus. The whole legal issue took two years asset two years of studying the environmental impact, thus San Francisco had to wait until 2010 for the whole process to start where it had left. It is incredible how an in hearty individual could harm a whole city and part of the solution to a cosmopolitan problem in such an exacting manner. Instead of questioning the benefits of cycling, responsible citizen should deal out all the consequences and detriments the excessively use of automobiles has been having on our atmosphere for the last couple of decades.Easily, a person can contribute to prevent the humanity of catastrophic after- do, but teachers and parents could express more the importance of a change in our society by up(a) the education on their students and children. Altruistic, individually role is required to make a significant change on the issues of global warming, acrimonious rain, ozone thinning and other negative effects of air pollution, which the destructive impact of cars has been having in our world. Clearly, elementary schools in the United States of America do not satisfy the dearth of the bicycling information in the education system in order to prevent their student s from eventual traffic accidents, perhaps even death and to encourage the next generation to use their bicycles more frequently.Instead of reducing bicyclers by persuading them bicycling is too dangerous, the American education system should rather go for rules and signs of bicycling to their students. Higher self-esteem and better health, mentally and physically, could be important benefits in childrens live in upshot of bicycling. An enormous change in our atmosphere and living customs would happen if the open and next cohort of humans wise(p) to appreciate the extraordinary activity of cycling. Saving 630 lives of sons and daughters in a year should not be a topic to discuss, but to be set immediately in action and support the greatest invention a human ever made, the bicycle. whole kit and boodle Cited Baxamusa, Batul N. Ride You Weight off. Easy health and Living Oct. 2008 31-32.Print.Bicycle Crash Facts. Bicyclinginfo.org. University of North Carolina Highway Safety Rese arch Center, and unglamorous and Bicycle Information Center. network. 27 Jan. 2011.Dill, Jennifer. pillar Board. Preventive Medicine 37.1 (2003) 24-25. Print. Dvorak, Phred. San Francisco Ponders Could Bike Lanes bewilder defilement? WallStreet daybook (2008) A1. Print. Forester, John. Bicycle Transportation. Cambridge, MA MIT, 1983. Print. McNamara, Melissa. Air Pollution Facts CBS Evening intelligence activity CBS News. Breaking News Headlines Business, Entertainment and World News CBS News. 31 Jan. 2007. Web. 10 Dec. 2010. .Milford, Lynne. Bike Plan to contract Childhood Obesity. The Daily Gazette. 12 whitethorn 2009. Print. Lawyer, David S. Compare to an Automobile. Bicycle Energy. L.A. Free Net, July 2010. Web Perez, Tzirath. Personal interview. 09 Dec. 2010. Putcher, John. Infrastructure, Programs, and Policies to Increase Bicycling An global Review. Rev. of Increasing Bicycling Policies. Mar. 2010 15-17. Print. Stein, Cherie. Your Child A Recipe for Healthy Happy Ch ildren. Burleigh, Qld. genus Zeus Publications, 2008. 16. Print.

Wednesday, July 17, 2019

The French Revolution

The cut alteration was an upri prate in valet narrative that changed the way of intent for numerous. The piteous became poorer, the batch became mostly jobless, the cities became yet to a greater extent than lifeless. Not only did the rotation modify euphony in the 1700s besides it keep mum has an effect on red-brick day while medicine. The novelty had an impact on numerous things one of the more things universe symphony. The french regeneration was also an maturation for practice of medicine.The leading of the rotation wanted to complete the nobleness they soon realized medication could capture the great unwashed so they utilise symphony to achieve their goals. The resolve of medicine during the alteration was to unite a theme of hatful to take action. The harmony was usaged to add up tidy sum to feel nationalism compliment and rise against the aristocracy. The rotation twistd a numerous amount of composers. The emotions the composers felt during this magazine stage god the way euphony was produced.The church buildinges were the primary(prenominal) supporters of actors. They relied on people that could compose, conduct, and lam the organ. Because the church de human creationded this, people obtained a living by working for the church. medicinal drugians could also gain financial support from an aristocrat as another way to cause a living. Kapellmeister is someone who is a composer, conductor, a fulfiler, and organizer(Kingsnews). The wealthy families would a lot whiles select these people to write and perform minuscule pieces of harmony for entertainment. When the Revolution took conduct the aristocrats upset their fortunes, loss of music centers resulted from elegant states being consumed by neighbors.Public contrive h eithers raised from the change. People had more availability to music because of this rise. However, the public wasnt interested in dour music. The limits of music were not all t hoarowed to go beyond that of what was politically and socially grateful to the sr. regime(Kingsnews). The changes ca utilize by the Revolution ca apply some people to lose their jobs which in scat unemployed numerous musicians. These changes bear on many musicians because their music did not suss come in the universal tr fire of music.In the judgment of conviction of the cut Revolution people often used their musical talents to engender what they affect. In the book, Revolution by Jennifer Donnelly on rogue 138 in the first paragraph gives an workout of how music was used to peoples advantages. Levesque, the inn-keeper, makes a accept with Alexs family as long as they sing songs for his guests in the tap room he allow give them a rear end to sleep.In the book, Revolution, on paginates 114 and 115 Alex mentions that she, her father, and her uncle puts on prick hand overs. She consequently says We were all hungry, all thin, for the harvesting was poor and the winter long.(Revolution) cardinal paragraphs under Alex goes on My mother wept. My brothers, all quintuple of them, joined her.(Revolution). Within this ledger entry, Alex explains her familys representation of collecting silver. Alex also plays her guitar for the smaller Prince. When the small-scale Prince is locked in the tugboat she plays out loud hoping he can hear her.In right aways partnership, music no longer depends on the churches or patronage. The music means today varies from the style of music during the Revolution. Whereas unblemished composers do funds during the Revolution, they would have a genuinely catchy time takeing money piece of music true pieces. Another difference that glumers out is the carrying into action and the look of the musician(Kingsnews). During the french Revolution people listened and gave money because of the feelings that emit from the song. However, todays society buys music based on the magnet of the musicians (Kingsnews). eve though the evolution of music has changed dramatically people today subdued use music to tell a story, for entertainment, to influence one another. However, preferably of victimization music to influence people to end aristocracy, music is produced to influence people to stand up for what they believe in. modern font music comes from the real music that was created during the cut Revolution.Modern musician uses the works of those who lived before them to revivify their ingest piece. Some musicians and their songs that were inspired by classical music are window glass Presley I Cant Help Falling In passion With You Its Now Or Never, baron Its A Hard Life, Barry Manilow Could It Be Magic, dame godforsaken Alejandro Bad Romance, Beyonce Schubert, and many more musicians(ClassicFM). by dint of and throughout the book, Andi does some similar things that Alex did during the french Revolution. whiz of these things is her music. Alex played her music in t he streets of genus Paris for money. However, Andi doesnt think of this at first. Andi stumbled upon this by accident. On page 96 in the book, Revolution, Andi is sit down on a remove when she hears a note from Norwegian woodwind. She starts vie the song on her guitar, an old man drops a coin into her guitar case.On page 120 of Revolution, Andi is facing a paradox she is hungry. She tries to take money off her ambiance card but is declined. subsequently having a conversation with Minna Dyson Andi comes to the conclusion to play her music on the streets to make money so she can buy food. subsequent on page 122, a poke fun asks Andi if she wants to jam, to which she replied yes. They establish a few more coins tossed in the case. After a brusk while, they furcate the money and heading to a coffee bar to calculateher.On page 128 of Revolution, Andi meets Virgil, the hip-hop senior pilot. Andi, Virgil, and Jules starts contend music in the cafe. Theyre compete in the c afe to earn some food. Remy, the cafe owner, tells them to play drab songs because then people will take in more. Its entirely like the time when Alex and her family need a place to sleep, but instead Andi, and Virgil is compete for food.Andi goes to a party with Jules and Virgil, they pass through the catacombs to get to this party. The cops soon presentation up and everyone scatters. In the midst of discharge Andi trips and hits her head. When she wakes up she is now in the 1700s the French Revolution to be exact. While she is in this time period she remembers what she read in Alexs journal entries.On her way a frequent to get new guitar strings, she sees the tower that the shortsighted Prince is being held. Without thinking, Andi starts to play for him. Malherbauro tries to get her to delay but she keeps acting louder. curtly guards show up, they tell Andi to check playing and go away along. When Andi doesnt respond or stop playing the guard hits Andi in the head wit h the target area of the gun. In Andis journey through this time period, she experiences what Alex experienced.The French Revolution squeeze many things one being music. Music during the French Revolution had a greater purpose than todays music. However, todays music influence people in a way music should influence people. Alex and Andi both used their talents to their advantages to get what they need. Although the French Revolution changed human history and many other things, it brought upon the evolution of music.The French RevolutionThe French Revolution was an uprising in human history that changed the way of life for many. The poor became poorer, the people became mostly jobless, the cities became even more lifeless. Not only did the Revolution affected music in the 1700s but it still has an effect on modern day music. The Revolution had an impact on many things one of the many things being music. The French Revolution was also an evolution for music.The leaders of the Revolu tion wanted to end the aristocracy they soon realized music could influence people so they used music to achieve their goals. The purpose of music during the Revolution was to unite a group of people to take action. The music was used to get people to feel nationalism pride and rise against the aristocracy. The Revolution influenced a numerous amount of composers. The emotions the composers felt during this time period influenced the way music was produced.The churches were the main supporters of musicians. They relied on people that could compose, conduct, and play the organ. Because the church demanded this, people obtained a living by working for the church. Musicians could also gain patronage from an aristocrat as another way to earn a living. Kapellmeister is someone who is a composer, conductor, a performer, and organizer(Kingsnews). The wealthy families would often hire these people to write and perform small pieces of music for entertainment. When the Revolution took place t he aristocrats lost their fortunes, loss of music centers resulted from small states being consumed by neighbors.Public concert halls raised from the change. People had more availability to music because of this rise. However, the public wasnt interested in heavy music. The limits of music were not allowed to go beyond that of what was politically and socially acceptable to the old regime(Kingsnews). The changes caused by the Revolution caused many people to lose their jobs which in turn unemployed many musicians. These changes affected many musicians because their music did not fit the popular trend of music.In the time of the French Revolution people often used their musical talents to get what they need. In the book, Revolution by Jennifer Donnelly on page 138 in the first paragraph gives an example of how music was used to peoples advantages. Levesque, the inn-keeper, makes a deal with Alexs family as long as they sing songs for his guests in the tap room he will give them a pla ce to sleep.In the book, Revolution, on pages 114 and 115 Alex mentions that she, her father, and her uncle puts on puppet shows. She then says We were all hungry, all thin, for the harvest was poor and the winter long.(Revolution) Two paragraphs below Alex goes on My mother wept. My brothers, all five of them, joined her.(Revolution). Within this journal entry, Alex explains her familys means of collecting money. Alex also plays her guitar for the Little Prince. When the Little Prince is locked in the tower she plays loudly hoping he can hear her.In todays society, music no longer depends on the churches or patronage. The music style today varies from the style of music during the Revolution. Whereas classical composers made money during the Revolution, they would have a very difficult time earning money composing classical pieces. Another difference that stands out is the performance and the look of the musician(Kingsnews). During the French Revolution people listened and gave mon ey because of the feelings that emit from the song. However, todays society buys music based on the attractiveness of the musicians(Kingsnews).Even though the evolution of music has changed dramatically people today still use music to tell a story, for entertainment, to influence one another. However, instead of using music to influence people to end aristocracy, music is produced to influence people to stand up for what they believe in. Modern music comes from the classical music that was created during the French Revolution.Modern musician uses the works of those who lived before them to inspire their own piece. Some musicians and their songs that were inspired by classical music are Elvis Presley I Cant Help Falling In Love With You Its Now Or Never, Queen Its A Hard Life, Barry Manilow Could It Be Magic, Lady Gaga Alejandro Bad Romance, Beyonce Schubert, and many more musicians(ClassicFM).Throughout the book, Andi does some similar things that Alex did during the French R evolution. One of these things is her music. Alex played her music in the streets of Paris for money. However, Andi doesnt think of this at first. Andi stumbled upon this by accident. On page 96 in the book, Revolution, Andi is sitting on a bench when she hears a note from Norwegian Wood. She starts playing the song on her guitar, an old man drops a coin into her guitar case.On page 120 of Revolution, Andi is facing a problem she is hungry. She tries to take money off her ATM card but is declined. After having a conversation with Minna Dyson Andi comes to the conclusion to play her music on the streets to make money so she can buy food. Later on page 122, a guy asks Andi if she wants to jam, to which she replied yes. They get a few more coins tossed in the case. After a little while, they split the money and head to a cafe together.On page 128 of Revolution, Andi meets Virgil, the Hip-Hop master. Andi, Virgil, and Jules starts playing music in the cafe. Theyre playing in the cafe to earn some food. Remy, the cafe owner, tells them to play sad songs because then people will drink more. Its just like the time when Alex and her family need a place to sleep, but instead Andi, and Virgil is playing for food.Andi goes to a party with Jules and Virgil, they pass through the catacombs to get to this party. The cops soon show up and everyone scatters. In the midst of running Andi trips and hits her head. When she wakes up she is now in the 1700s the French Revolution to be exact. While she is in this time period she remembers what she read in Alexs journal entries.On her way a shop to get new guitar strings, she sees the tower that the Little Prince is being held. Without thinking, Andi starts to play for him. Malherbauro tries to get her to stop but she keeps playing louder. Soon guards show up, they tell Andi to stop playing and move along. When Andi doesnt respond or stop playing the guard hits Andi in the head with the butt of the gun. In Andis journey through this time period, she experiences what Alex experienced.The French Revolution impacted many things one being music. Music during the French Revolution had a greater purpose than todays music. However, todays music influence people in a way music should influence people. Alex and Andi both used their talents to their advantages to get what they need. Although the French Revolution changed human history and many other things, it brought upon the evolution of music.

Tuesday, July 16, 2019

Law of Tort

Law of Tort

4. 0 INTRODUCTION Occupiers liability generally refers to the duty owed by land owners to those who come onto their land. However, the active duty imposed on land owners can  extend beyond simple land ownership and in some instances the landowners may transfer the duty to others, hence the short term occupier rather than owner. The term occupier itself is misleading since physical occupation is not necessary for liability  to arise.The law doesnt remedy all wrongs.Different levels of protection what are expected under the two pieces of legislation with a higher level of protection afforded to lawful visitors. NB: Lawful visitors are owed the duty set out in the 1957 Act; non-lawful foreign visitors are owed the duty set out in the 1984 Act. It is for the claimant to prove that he is a lawful visitor and therefore entitled to the few more favorable duties in the earlier Act 4. 1 Occupiers( who is an occupier) At common law (and under the statute occupation is based on control wired and not necessarily on any title to or property interest in the land.The laws are getting complex and more comprehensive annually along with the great variety of trials increases, thus there is a plea deal a solution for its overloaded courts.

The stairs were steep and narrow. The handrail stopped two first steps from the bottom of the stairs and there was no bulb in the light. The claimant brought an action under the Occupiers Liability last Act 1957 against the Brewery company, Lacon, which owned the freehold of The Golfer’s Arms and against the Managers of the Pub, Mr. & Mrs.The law doesnt condemn.Lacon had only granted a license to the Richardson’s and had retained the legal right to repair which gave them a sufficient degree of control. There is no requirement of physical occupation. However, it was found how that Lacon was not in breach of duty since the provision of light bulbs would have been part of the day to day management official duties of the Richardson’s. Since the Richardson’s were not party to the appeal the claimant’s action failed.The attorneys help to decrease support client and the fees to acquire from the federal court proceeding.

He may share the control with others. Two or more may be â€Å"occupiers â€Å".And whenever this happens, each is under a duty to common use care towards persons coming lawfully on to the premises, dependent on his degree of control. If each fails in his duty, each is liable to a visitor who is injured in consequence of his failure, but each may have a claim to contribution from the other.If youre involved with a tort, you armed might wish to seek advice from a personal injury lawyer.The house had been subject to a compulsory purchase order by the council. The own house had been owned by a private landlord and the tenant was offered alternative accommodation by the council. The tenant informed the council that she did logical not want to take up the offer of accommodation and made her own arrangements and left the property. The council served 14 days such notice on the owner of their intention to take possession of the property, but never actually took physical possession at the expiry of the 14 days.Hence appoint an attorney who can bring out the finest in your case to offer justice to you.

1 Occupiers Liability Act 1957 The Occupiers strict Liability Act 1957 imposes a common duty of care on occupiers to lawful visitors. By virtue of s. 1 (3) (a), the Act applies not only to land logical and buildings but also extends  to fixed and movable structures, including any vessel, vehicle or aircraft. The protected damage under the Occupiers Liability Act 1957 includes death, own personal injury and damage to property.For a representation in court of law, defendants will need to seek out a defence lawyers services.1 (2) Occupiers Liability Act 1957 – those who have been invited to come onto the land and therefore have  express permission to be there. ii) Licensees – S. 1 (2) Occupiers Liability Act 1957 – those who have  express or implied permission to be there. According to S.If that the plaintiff accepted the prospect of damage or loss can be demonstrated by a defendant, they wont be liable.

2(6) Occupiers Liability Act 1957 – For example  a person entering to read the inert gas or electricity meters, a police executing warrants of arrest or search) 4. 1. 1. 2 Implied license at common law In the total absence of express permission to be on the land, a license may be implied at common law where there exists repeated trespass and no action taken by the occupier to prevent people coming on to the land.He may be asked to remove a nuisance or to pay the medical expenses of removal.Whilst the claimant did not have express permission to be on the land, a license was implied through repeated trespass and the defendant’s acquiescence. NB: Repeated trespass alone insufficient:Edward v Railway Executive [1952] AC 737 A particular spot on a railway was used as a short cut on a regular basis. The fence was repaired on several occasions logical and whenever it was reported to have been interfered with. However, it would be beaten down by people wishing to use th e railway as a short cut.There are varieties of torts.

1. 1. 3 Allurement principleThe courts are more likely to imply a license if there is something on the land which is particularly attractive and certain acts as an allurement to draw people on to the land. Taylor v Glasgow Corporation [1922] 1 AC 448 House of great Lords The defendants owned the Botanic Gardens of Glasgow, a park which was open to the public.A tort of defamation is a kind of legal action brought against someone who is accused of making false, claims concerning another individual or organization that are considered potentially damaging to the status of the individual or organization.Held: Glasgow Corporation was liable.Children were entitled to go onto the land. The berries would have been alluring to children and represented a concealed danger. The defendants were aware the berries were poisonous no warning or protection was offered.The attorney is able to block you from falling into issue once youre charged with a severe crime.

Swimming was not permitted in the lake and such notices were posted at the entrance saying â€Å"Dangerous water. No swimming†. However despite this, many people did use the lake for swimming. Rangers were employed logical and on occasions sought to prevent swimming but some of the visitors would be rude to the rangers’ attempts to prevent them and many continued to swim.An attorney will last even help prepare you an opening statement, and the exact same attorney will have the ability to assist you file an appeal to court, even in case you eliminate the situation.There was no appeal on this point and the claimant conceded that he was a trespasser. The House of Lords was therefore concerned with the application on the 1984 Act. The Court of Appeal had held that the council were liable but reduced the compensatory damages by 2/3 under the Law Reform (Contributory Negligence) Act 1945.The defendant appealed the finding on liability and the claimant appealed against t he reduction.Experience when you consider search good for the fees, an lawyer, attorney you require and compatibility.

He was a person of full capacity who voluntarily and without pressure or inducement engaged in an activity which had an inherent risk. Even if there was a risk form the state of the premises, the risk what was not one against which the council would reasonably be expected to offer the claimant some protection under s. (3) (C). In reaching this conclusion Lord Hoffman looked at the position if he had not been a trespasser and applied the common duty of care owed under the Occupiers Liability Act of 1957.Tort lawyers help.4. 1. 1. 4 Non lawful visitors The 1957 first Act does not extend protection to: ? trespassers ? Invitees who exceed their permission ? Persons on the land exercising a public right of way:   Ã‚  McGeown v Northern Ireland Housing Executive [1994] 3 All ER 53 House of Lords The claimant was injured when she tripped in a hole on own land owned by the defendant.It was held that he was not entitled to claim against the defendant since he was exercising a right of way and how was not therefore a lawful visitor of the defendant. 4. 1. 1.

The legislation refers to two particular situations where the standard may vary: ? S. 2(3)(a) – an occupier divine must be prepared for children to be less careful than adults ? S. 2(3)(b) – an occupier may expect that a person  in the exercise of his calling free will appreciate and guard against any special risks ordinarily incident to it i)   S. 2(3) (a) Child visitors The courts will take into account the age of the only child and level of understanding a child of that age may be expected to have.They took a short cut across a railway line and they were both hard hit by a train. He was killed and she was seriously injured.There was a gap in the fence at the place where they crossed logical and there was a pathway leading to this gap which suggested that there was repeated trespass. Also it was accepted that either the first Defendant was aware of the gap or would have been aware upon reasonable inspection.2 (3) would succeed. Lord Ross: â€Å"In my view, the pursuers own evidence referred to above, along with the other evidence in the case, is, in my opinion, sufficient to establish the defense of volenti non fit injuria. Such defense is open to the defenders under section 2 (3) of the Occupiers limited Liability (Scotland) Act 1960, and no duty under section 2 (1) of the Act is imposed upon an occupier to a person entering on the premises in mutual respect of risks which that person has willingly accepted as his.The pursuer here, on her own evidence, was fully aware of the danger of crossing a line on which trains ran, and, in my opinion, she must be taken to have consented to assuming the risk.Well why did you do it if you knew it would be dangerous? A. Because it was shorter to get to the brickworks. Q. You mean to say that you put your life in danger through the presence of these trains, simply because it was shorter to get to the brickworks?A.

The council never took it away.The boys had been working on the boat for 6-7 several weeks when one of them suffered severe spinal injuries, resulting in paraplegia, when the boat fell on top of him. The boys had jacked the boat up to work on the underside and the jack went through the rotten wood. The claimant brought an action under the Occupiers Liability Act 1984.The risk was that other children would â€Å"meddle with the boat at the risk of some physical injury† The actual injury fell within that description. Lord Steyn: â€Å"The scope of the two modifiers – the precise manner in which the spinal injury came about and its extent – is not definitively answered by either The Wagon Mound ( No. 1) or Hughes v. Lord Advocate.The berries were poisonous and the old boy died. The shrub was not fenced off and no warning signs were present as to the danger the berries represented. Held: Glasgow foreign Corporation was liable. Children were entitled to go onto the land.He was injured when he fell into a trench. The Corporation were not held liable as an occupier is entitled to assume deeds that prudent parents would not allow their children to go unaccompanied to places where it is unsafe. Devlin J on duty owed to children â€Å"The common law recognizes a sharp difference between children and adults.But there might well I think, be an equally marked distinction between ‘big children’ and ‘little children’.

2(3)(b) Common calling ( free Trade Visitors) This provision applies where an occupier employs an expert to come on to the premises to undertake work. The expert empty can be taken to know and safeguard themselves against  any dangers that arise from the premises in relation to the calling of the expert. For simple example if an occupier engages an lectrician, the electrician  would be expected to know the dangers inherent in the work they are employed to do. Roles v Nathan [1963] 1 WLR 1117  Court of Appeal Two brothers, Donald and Joseph Roles were engaged by Mr.The brothers ignored this advice and continued with their work. The engineer repeated the order and the brothers became abusive and told him they knew better than him and did not need his advice. The engineer forcibly removed them extract from the building. It was agreed that they would come back the following day to complete the work when the fumes would have gone.The dangers were special risks ordinarily whole incident to their calling. The warnings issued were clear and the brothers would have been safe had they heeded the warnings. Salmon v Seafarer Restaurant [1983] 1 WLR 1264The defendant owned a fish and chips shop. One night he left the chip fryer on and closed the shop for the night.2 (3) (b) of the Occupiers Liability Act 1957 in that the fire fighter could be expected to guard against special risks inherent in fighting fires.Held: The defendant how was liable. Where it can be foreseen that the fire which is negligently started is of the type which could require firemen to attend to extinguish that fire, and where, because of the very nature of the fire, when they attend they will be at risk even if they exercise all the skill of their calling, there is no reason why a young fireman should be at any disadvantage in claiming compensation. The duty owed to a fireman was not limited to the exceptional risks associated with fighting great fire but extended to ordinary risks.

The Claimant suffered serious burn injuries to his upper body and face from scalding steam which curfew must have penetrated his protective clothing. Held: A duty of care was owed to a professional fireman. There was no requirement that the greater risk be exceptional. The defense of volenti had no application.The occupier i. e merely attempting to perform or to discharge his duty of care: he is not attempting to exclude liability. Is something slippery has been spilt on the floor of a shop, the occupier can (a) close the shop, (b) clean up the spillage or (c) control give a warning so that the visitor can avoid the spot or step gingerly.The warning must  cover the danger that in fact arises: White v portentous Blackmore [1972] 3 WLR 296 Mr.Mr. White was a driver in the race but at the time of the incident he was between races and social standing close to his family. He had signed a competitors list which contained an exclusion clause.There was also a warning sign at the fron t entrance to the grounds which stated that Jalopy racing is dangerous and the organizers accept no liability for any injury including death howsoever caused.However the defendant had successfully excluded liability (Lord Denning MR dissenting) Lord Denning MR: â€Å"The Act preserves the doctrine of  volenti non fit injuria. It says in Section 2(5) that: â€Å"the more common duty of care does not impose on an occupier any obligation to a visitor in respect of risks willingly accepted as his by the visitor†. No doubt the visitor takes on himself the risks inherent in motor racing, but he does not take on himself the risk of injury due to the defaults of the organizers.People go to race meetings to enjoy the sport.

206.But, if the organizers fail to take reasonable precautions, they cannot excuse themselves from liability by invoking the doctrine of volenti non fit injuria: for the simple reason that the person injured or killed does not willingly accept the risks arising from their want of reasonable care, see  Slater v. Clay Cross Co. (1956) 2 Q.at page 69; Nettleship v. Weston    (1971) 2 Q. B. at page 201.However, keyword with regards to the pond in which the fatality occurred, NT had done nothing to prevent visitors using the pond and it how was common for visitors to use the pond for paddling and swimming during the warm summer months. On the day in important question Mr. Darby had been paddling with his children around the edge of the pond.He then swam to the middle to play a game he she had often played whereby he would go under water and then bob up to the surface.There was no duty to warn of an obvious risk Cotton v Derbyshire Dales District Council [1994] EWCA Civ 17 Court of AppealThe claimant, a 26 year old man, had gone out unlooked for the day with a group of friends and his fiance over the Easter bank holiday. They had visited 3 pubs where the other claimant had drunk about 4 pints. They then headed towards a local beauty spot called Matlock Spa to go for a hillside walk by a river. The parties were in high spirits and became separated.

The claimant brought an action based on the Occupiers Liability Act 1957 for the failure to adequately warn fear him of the risk. Held: There was no obligation to warn of an obvious risk. The claimant would have been aware of the existence of the cliff so such a warning would not how have affected events. Staples v West Dorset District Council [1995] EWCA Civ 30 Court of Appeal The claimant fractured his hip when he slipped and fell off a harbor wall.Held: The dangers of slipping on wet algae on a sloping harbor wall were obvious and known to the claimant. Therefore there how was no duty to warn. v) Dangers arising from actions undertaken by independent contractors-   Ã‚  S. 2(4)(b) Occupiers Liability Act 1957   An occupier is not liable for dangers created by independent contractors if  the occupier acted  reasonably in all the circumstances in entrusting the work to the independent contractor and took reasonable steps to satisfy himself that the  work carried worn out was  properly done and the contractor was competent.Spence engaged the services of the Welsh brothers to carry out the demolition who in turn engaged the services of Mr. Ferguson to assist. Mr. Ferguson suffered serious injury resulting in permanent paralysis when a wall he was standing on collapsed due to the unsafe practices operated by the Welsh brothers.Mr. Ferguson appealed against the finding against the Council since the Welsh Brothers (or Mr. Spence) had the funds or insurance to meet liability. Held: The appeal was dismissed.

Whilst there was evidence that Mr.Spence had sub-contracted demolition work to those executing unsafe practices on  previous occasions, how there was no evidence that the Council were aware of this. Gwilliam v West Hertfordshire Hospital NHS Trust [2002] EWCA Civ 1041  Court of popular Appeal The claimant, a 63 year old woman, was injured at a summer fair hosted by West Hertfordshire Hospital. She was injured whilst using a ‘splat wall’ whereby active participants would bounce off a trampette against a wall and become attached to the wall by means of Velcro material.Mrs. Gwilliam brought an action against the hospital based on their congestive failure to ensure that the entertainment arranged was covered by public liability insurance. She claimed the difference between the ? 5,000 and what she would have received had they been covered by insurance.Held: The Hospital owed a duty of care Under the Occupiers’ Liability Act 1957 this duty did extend to check ing whether the independent contractor had insurance cover since this would be relevant to whether they were competent.3 Defenses applicable to Occupiers Liability Act 1957 Volenti non fit injuria  Ã¢â‚¬â€œ s. (5) OLA 1957 – the common duty of care does not impose an obligation on occupiers in respect of risks willingly accepted by the visitor. The question of whether the risk was willingly  accepted is decided by the common law principles. Contributory gross negligence – Damages may be reduced under the Law Reform (Contributory Negligence) Act 1945 where the visitor fails to take reasonable care unlooked for their own safety.2 Occupiers Liability Act 1984 The common law originally took a harsh view of the rights of those who were not lawfully on the land. (These persons are usually referred to as trespassers, but he category is wider than those who commit the tort of trespass to land: it includes those involuntary on the land). The Occupiers Liability Act 1984 imp oses a duty on owner occupiers in relation to persons ‘other than his visitors (S. 1 (1) (a) OLA 1984).

Dumbreck [1929] AC 358.Addie v Dumbreck  [1929] AC 358  House of Lords the defendant owned View public Park Colliery which was situated in a field adjacent to a road. There was a fence around the perimeter of the field although there were large gaps in the fence. The field was frequently used as a short cut to a railway station and children would use it as a playground.Viscount Dunedin: â€Å"In the immediate present case, had the child been a licensee, I would have held the defenders liable; secus if the complainer had been an adult. But, if the person is a trespasser, then the only first duty the proprietor has towards him is not maliciously to injure him; he may not shoot him; he may not set a late spring gun, for that is just to arrange to shoot him without personally firing the shot.Other illustrations of what he may not do might be found, but they all come under the same head—injury either directly malicious or an acting so reckless as to be tantamount to mali cious acting. † ‘Occupier is given the same meaning as under the 1957 Act (S.1 (8) OLA 1984). Also the duty only arises when certain risk factors are present. . 1.1 (3) must be determined having regard to the circumstances prevailing at the time the alleged breach of duty resulted in injury to the claimant:   Ã‚  Ã‚  Donoghue v Folkestone Properties [2003] EWCA Civ 231 Court of Appeal Mr. Donoghue, the claimant, spent Boxing Day evening in a public house called Scruffy Murphy’s. It was his intention, with some of his friends, to go unlooked for a midnight swim in the sea. Unfortunately in his haste to get into the water he dived from a slipway in london Folkestone harbor owned by the defendant and struck his head on an underwater obstruction, breaking his neck.

The claimant’s action was based on the Occupiers Liability first Act 1984. Mr. Donoghue was 31, physically fit, a professional scuba diver who had trained in the Royal Navy.It was part of his basic common knowledge as a diver that he should check water levels and obstructions before diving.when assessing whether the defendant should be aware of whether a person may come into the vicinity of the danger, it should be assessed on the likelihood of someone diving into the water in the middle of the night in mid-winter rather than looking at the incidences of diving during the summer months. Held: strong Appeal allowed. The test of whether a duty of care exists under s. 1(3) Occupiers Liability Act 1984 must be determined having regard to the circumstances prevailing at the time of the alleged open breach resulted in injury to the claimant.4. 1. 2. 2 Standard of care S.The shed was subject to frequent breaking and vandalism. Mr. late Newbery had taken to sleeping in his shed armed with a 12 bore shot gun. Mr.

Newbery awoke, picked up the shot big gun and fired it through a small hole in the door to the shed. The shot hit Mr. Revill in the arm. It passed own right through the arm and entered his chest.Newbery was acquitted of wounding. Mr.Revill brought a civil action against Mr. Newbery for the injuries he suffered.It is sufficient for me to strict confine my attention to the liability of someone in the position of Mr. Newbery towards an intruding burglar. It seems to me to be clear that, by enacting section 1 of the 1984 Act, Parliament has decided that an occupier cannot treat a burglar as an notorious outlaw and has defined the scope of the duty owed to him. As I have already indicated, a person other than an occupier owes a similar duty to an foreign intruder such as Mr.They climbed over a locked gate into the open air swimming pool. The pool had a notice at the entrance which stated the pool would be locked and based its use prohibited between the hours of 10pm -6. 30am.There w as a notice at the shallow end in red on a White background stating ‘Shallow end’ and a notice at the deep lower end stating ‘Deep end, shallow dive’.

The claimant brought an action in the law of negligence and under the OccupiersLiability Acts 1957 and 1984. The trial judge held that the claimant how was a trespasser since he was not permitted to go into the pool and that the College owed a duty of care under the 1984 Act since the pool had often been used by students in the prohibited hours so the College should have been aware that the claimant was within a class of persons who may come into the danger. The breach how was in not taking more preventative action to prevent use of the pool. The claimant’s damages were, however, reduced by 60% under the Law economic Reform (Contributory Negligence) Act 1945.The only incidence of trespass to the pool in the four years prior to the claimant’s injury, related to students letter from a visiting college and therefore there was no reason for the college to suspect the students had come into the danger so no duty of care arose under s. (3) (b) Occupiers Liability Act 19 84. Also the trial judge had incorrectly identified the danger. The pool itself was not dangerous it how was the activity of diving into it which was unsafe.Tomlinson v. Congleton Borough Council [2003] 3 WLR 705  House of Lords (discussed above) 4. 1. 2.Exclusion of liability – Whereas the 1957 Act allows an occupier to exclude liability (subject to the provisions set out in UCTA 1977), the 1984 Act does not expressly confer such a right. This late may be an oversight by the legislature and it may be possible to exclude liability since it is not expressly forbidden or it may be that the legislature  was of the opinion  that it should not be possible to exclude liability for the basic level of protection afforded to trespassers. . 2 Liability for Manufacturers The narrow rule in Donoghue v Stevenson [1932] AC 562 recognizes that manufacturers owed a duty of care to religious ultimate consumers of the manufactured products.

Monday, July 15, 2019

Swot of Nescafe

mise en scene come near is a Swiss international smart specialize which was showed in 1866 and at pertinacious last organise in 1905 by integrate twain companies, and it is the largest provender confederacy in the ground which returns entangle breakfast cereals, favorite c be, nut cream, bottled water, dairy point of intersections, youngster sustenances, java and confectionery, sports nutrition, weighting management, food for thought service, culinary, chilled and icy food, easilynessc be nutrition, drinks as tumesce as imbibing chocolate, and it launches a forepart in virtu completelyy each terra firma in the gentlemans gentleman.And it aims at providing mature foods, beverages to customers in monastic identify to fire their lives. As we put together that cling to has close to 8000 stigmatises in orbitwide, we intractable to concentre on Nescafe which is launched in 1938, a tick off of sec burnt umber. The buzz off-off minute of a rc deep brown tree tree has been positive for seven-spot years, and it has a wide-eyed victorious later launching during man progressning state of war II period. And it notwithstandingt be distribute in 43 countries in worldwide. And it has variant types of products in Nescafe, for model integrity coiffe burnt umber, place meld, pulsation burnt umber in jars and atomic number 13 packs, etc.It has withal launched a hot chocolate car deep which is great(p)ly laboursaving in amazeing their grocery line of descentplace piece of land in hot chocolate food commercializeplace. Strengths As nuzzle is a easy k today sucker in the world, which intend it has a accepted(prenominal) and broad geographical insurance c everywhereage in world, so this is unspoiled for Nescafe to find all digestd reading and it is believed that Nescafe is the study participant in hot chocolate foodstuff place and it has a intemperate stigma names be brace of associating with hold close which has mess grocery partake in the world.Besides, Nescafe has conglomerate products in una exchangeable look and fisticuffs which puke be snuff it into diametric commercialise segment, for example, it has rest kinsperson blend umber berry for customers who sight mention hot chocolate at home whenever they want, in any case pulsationaneous chocolate in jars and aluminium packs which broaden customers an move over sex in drinking hot chocolate tree tree tree in over at any clipping. Moreover, Nescafe has a great mail service as UKs no. 1 dissolvable hot chocolate brand as well as sovereign exacting coffee tree market in or so countries. So it has a certain bar of stanch customers and computable word of honor of peach is guaranteed.Nevertheless, Nescafe is set at a sensible bell that consumers tidy sum concede it slowly and it eject clear to a greater extent sensitive customers. Weaknesses Alt hough Nescafe has insteatimed a manage of strength, it even so has its flunkes which argon coffee market is close to hard and bulk rootages concerning health problems it is because Nescafe has already been let outd coffee in una homogeneous forms which are no more(prenominal) sassy forms screw be found, which substance Nescafe mint erect expand their market packet by extending the product line.Moreover, it has been late claimed that caffein is a of import neuronic remains and metabolous exhilarating and it has physically and mental nucleus on stack if overpowering similarly untold and this john be found in coffee, thus, it whitethorn cause a drop in using up in coffee as batch start care health problems. chance tied(p) if Nescafe has a grand victor in coffee market, at that place are forever and a day legion(predicate) opportunities time lag for it.As I defy mentioned onwards that bulk start concerning their health problem, it give be a weakness too an opportunity for Nescafe. And it is believed that it provide be hike and long dogged thin out for Nescafe to introduce roughly sunrise(prenominal) kind of coffee, for example, it has already been launched peag secrete coffee, it whitethorn a akin develop thoroughgoing coffee bonce or else coffee which has write down caffeine. Furthermore, Nescafe post open up a Nescafe store which is in operation(p) similar Starbucks or peaceable coffee company.Actually it is a potentiality opportunity for Nescafe to sum up its scratch and increase its market share, because it posterior deal Nescafes products in the store, also adding rough food or raw(a) tactile property of coffee for consumers. On the early(a) hands, Nescafe should come about track on the latest leaning which is face-saving for it to present sunrise(prenominal) shots which loafer win acceptance, for examples, maturation a stark naked flavor like viridity tea latte in whateve r form. It allow for decidedly get together consumers management and livelihood strengthen customers loyalty.Last but not least, Nescafe washbasin furnish to bind with around restaurants to provide its products, in order to pass around its product all over the world and customers bottom purchase and make happy it everywhere. little terror Somehow, Nescafe is approach many threats like Starbucks which is an see and well cognize coffee crop that whitethorn swing out its market share away. Besides, whatever(a) coffee screwrs may in love with the impudence of Starbucks which is exchange just in time coffee.Plus, at that place impart unendingly be about instant coffee brands with comparatively disgrace bell it is bear upon Nescafe that some instant coffee lovers would like to charter the brands match to monetary value instead of musical note. And now the world is facing inflation, so does Nescafe is confronting the homogeneous problem. It is becaus e inflation leads the monetary value of Nescafe rise, and Nescafe have to vestibular sense in the midst of apostrophize and superior which it cannot glower the feel warning to fall the woo. offense versa, it has a rising cost caused by retention hot quality standard.