LAMPOSTS CLAIM IN THE LAW OF TORT Case Study Example | Topics and Well Written Essays - 1500 words

LAMPOSTS CLAIM IN THE LAW OF TORT - Case Study Example But the safety crew did not give the warning. Such failure of BBC, through the safety crew, is considered negligent which caused Jones' accident. Thus, the BBC was liable for Jones' injuries. The cameraman and Jones worked as a team because their equipment was linked. Jones with his equipment was following the cameraman who had decided to pass beneath the mast thereby leading Jones into the hazardous area. The cameraman was then in breached of his duty of care and the BBC was vicariously liable for that negligence. In Wilsons & Clyde Coal Company, Limited v English, [1938] A.C. 57, the House of Lords stated as follows: " primarily the master has a duty to take due care to provide and maintain a reasonably safe system of working in the mine, and a master, who has delegated the duty of taking due care in the provision of a reasonably safe system of working to a competent servant, is responsible for a defect in the system of which he had no knowledge" Breach of Employer's Duty. Following the rulings in the Jones and Wilsons cases, it is clear that the football club is under a duty of care to provide Lampost with competent fellow employees, properly maintained site and facilities, and to provide a safe place and system of work. The question of whether the football club breached that duty of care depends on the standard of care owed by the defendant football club to its employee and whether it has taken reasonable steps considering the circumstances. (Latimer v A.E.C. Ltd.[1953]) In Jones, the breach of the employer's duty consists in BBC's failure (through its safety crew) to discuss with the cameraman and Jones the risk of the falling mast and to warn the cameraman and Jones in unequivocal terms that they must not go beneath it. In Wilsons, the breach by the employer consists of its failure to provide competent fellow employees, properly maintained mine and equipment, and to provide a safe place and system of work. In the case of Lampost, the failure of the football club to provide sufficient number of medical personnel and immediate treatment which caused Lampost's permanent limp and disability to play professional football constitutes a breach of the standard care required of the football club. Under the circumstances, having only one emergency doctor during a match is far from meeting the reasonable standard of care. First, it can reasonably be expected that injuries are bound to occur in a football match because, by the very nature of the game alone, it is physically strenuous and demanding. Second, it is a mathematical fact that the game is played by at least 22 players and having only one doctor during a match clearly does not meet the required standard of care. Third, considering that it was a premiership match, it can reasonably be expected that players are more competitive than usual and thus, injuries are bound to result from the matches. Hence, the football club should have hired more than one do ctor. Moreover, following McDermid v Nash Dredging and Reclamation Co. Ltd. [1987], it can also be inferred that the football club is in breach

More Perfect Union Speech Essay Example for Free

More Perfect Union Speech Essay In President Obama’s 2008 presidential campaign speech, the resentments of each subgroup spoken about are valid. Not everyone within the African-American community feels as strongly as he does about the resentments but majority do from what I’ve seen. There are many instances where one can say that because blacks and other minorities don’t get as many opportunities as those in the white community, their resentment continues to grow. Many African Americans also think that because so much has happened within the community due to what their ancestors dealt with, it sheds a negative light on them. I agree with what the President says about how even though the subgroups haven anger and resentments, they are usually expressed in small groups. Almost never are they spoken about publicly. I think his statement about the anger and resentments being counterproductive are very true. Racial tension does nothing but set our communities, and country as a whole, a step back. In my opinion, the only good aspect of voicing the anger and resentments everyone has against each other is that they become known publicly and are no longer secrets. By having anger towards blacks, whites, and any other group you are just widening the gap to equality. Jandt (2010) explained how knowing another’s cultural identity helps one understand the opportunities and challenges that each individual deals with. This is exactly why we must come together in unity. President Obama quotes William Faulkner saying, â€Å"the past isn’t dead and buried; in fact, it isn’t even past† (Obama, 2008, para. 27). I believe this statement is saying that the past doesn’t necessarily die; it becomes a part of us and makes us who we are today. This â€Å"past† is like a reoccurring thing like with racism, it is seen continuously throughout the centuries. And when it’s not seen or heard it is waiting for the right time to show itself once again. It is a never ending cycle. I do believe a trans-racial society is possible, but like President Obama said it will take time and effort to achieve it. It is desired by more Americans than it was before. President Obama believed that â€Å"working together, we can move beyond some of our old racial wounds†¦we have no choice if we are to continue on the path of a more perfect union† (Obama, 2008, para 38). Because our country is becoming more and more diverse we have to adjust and accept all of the various cultures and ethnicities in order to succeed as a society. We would have to start by initiating the equal opportunity rules stated in the constitution rather than just speak about what should be done. Boundaries that have been created should be broken involving race, social groups, and sex so that communication between the people isn’t filtered through physicality or stereotypes. Without working on communication between the people first societal change will continue to progress as slow as it has been.

Western Art: Types, History and Famous Artists

Western Art: Types, History and Famous Artists Art which is followed by European countries are referred as Western Art, and also those art are accepted by those countries. When we see about the history of western art it takes us to the middle of the ancient middle east and ancient times of Egypt and also the civilization of ancient Aegean. It aates back to the 3rd millennium. On the same time line, when the western art is carried on there are also one or the other form existed among Europe. The influence of the western art lasted for the next two thousand years, that fell into the memory of the medival period. Even western art is divided into many style of periods and those periods are also subdivided. History These are furthers of subdivided. Western art is art of European country. It developed in the 3rd millennium period. At the beginning art was started like just to fill up. The flat surface. Then it developed into representing optical illusions. On the other hand, western art is influenced by secularism. Since the classical times. Where for the past 200 years the art made was done without any ideology or without any reference with any religion. Whereas western art is often influenced by politics of one or the other of that period. This drive towards pictorial of the realism gone to the peak and they came to the invention of photography. There beginnings of the arts were they like the still lives. Here I am going to compare the contrast between Cubism and Surrealism. Types of western art Sumerian art Persian art Celtic art Roman art Romanesque art Gothic art Renaissance Baroque art Realism Impressionism Post impressionism Fauvism Expressionist Decorative arts Cubism Surrealism Pop art Islamic art Egyptian art Ancient Greek art Modern art Cubism Cubism is invented by Pablo Picasso in (1881-1973) another artist is Georges Braque in 1882 and consider the revolt movement of the art. He use the cubes style, triangles and the some normal shapes of paint anything because. This is the most famous painting Juan Gris. Juan Gris Portrait of Picasso (1912) Cubism is the most fundamental, ground-breaking, and influential ism of twentieth-period art. It is wholerejection of Traditional conception of loveliness. Cubism was the joint creation of two men, Pablo Picasso and Georges Braque. Their success was made the base of Picassos initial work then advanced to a Synthetic Cubism. As the many stages of Cubism occurred from their workshops, it developed strong to the art world that rather of countless meaning was trendy. The essential inventions of the new grace muddled the public, but the avant-garde saying in them the upcoming of art and original test, Sizes, biological truth and endurance of life examples and substantial objects are wild. Painting resembles a field of broken glass as one spiteful opponent renowned. This geometrically logical method to form and colour, and crushing of article in effort into geometrical sharp-edged bony smithereens baptized the drive into Cubism. A near look exposes very logical obliteration or somewhat deconstruction into bony 3-dymensional cool surfaces, some of which are giving others convex. Cubism suspicions whole images apparent by the retina, reflects t hem artificial and conventional, based on the effect of historical art. It discards these images and knows that perspective interplanetary is an illusory, lucid invention or a sign system congenital from everything of art since the Renaissance. History of Cubism (c.1908-12) The first work of Picasso is still life with chair caning. There are many types of phases of Cubism. The Cubism paintings will look fantastic, like more broken pieces. But all the edges are connected to other pieces. They were the analysis of form and breaking down the paintings. The right-angled lines and straight lines Were looking appear as sculptures. In the collage media works he used some painting on the media. Development of modern art It has been radical film impressionism and the post impressionism. The idea of the space was found in the new method of cubism. The geometrical shape is filling their complete plane. Created by Pablo Picasso (1881 to 1973) and Georges Braque (1882 to 1963) and measured to be the radical program of modern art, Cubism was a more intelligent stylishness of painting that travelled the two-dimensional picture by present diverse views of the same object, classically agreed in a sequences of overlapping remains somewhat like a photographer might take some photos of an article from altered angles, before cutting them up with cutters and reorganizing them in hit-or-missfashion on a flat surface. This analytical Cubism (which created by Picassos Les Demoiselles d Avignon) rapidly provided way to synthetic Cubism: when performers began to include found article in their paintings, such as collages made since newspaper cutting. Famous Cubists contain the artists Juan Gris (1887 to 1927), Fernand Leger (1881 to 1927), Robert Delaunay (1885 to 1941), Albert Gleizes (1881 to 1953), Roger de La Fresnaye (1885 to 1925) Jena Metzinger (1883 to 1956), and Francis Picabia (1879 to 19 53), Marcel Duchamp (1887 to 1968) he is a avant-garde artist, and the sculptors Jacques Lipchitz (1891 to 1973) and Alexander Archipenko (1887 to 1964) short lived its highly influential, Cubism introduce new styles of collage (1912 onwards) Orphism (1912 to1916, Purism (1920s) Precisionism (1920s, 1930s) Futurism (1909 to 1914) Rayonism (c.1901 to1920) Suprematism (1913 to 1920) Constructivism (c.1917 to 1921) and Vorticism (c.1913 to 1915). Famous artists Fernand leger Albert gleizes Roger de la fresnaye Jean metzinger Francis picabia Marcel Duchamp Sculptor Jacques Lipchitz Alexander archipenko Surrealism (Beginning in 1924) The Elephant Celebes by Max Ernst(1921) It was acreative movement that transported together artists, philosophers and investigators in search of sense of look of the unconscious. They were penetrating for the meaning of new artistic, new humankind and a new social order. Surrealists had their forerunners in Italian Metaphysical Artists (Giorgio de Chirico) in early 1910s. As the artistic movement, Surrealism came into existence after the French writer Andre Breton 1924 published the first Manifested du surrealism. In this book Breton optional that balanced supposed was oppressive to the controls of originality and fancy and thus hostile to artistic look. An admirer of Sigmund Freud and his idea of the subliminal, Breton felt that contact with this hidden part of the mind might produce lyricalfact. Mostly entrenched in the anti-art civilizations of the Dada movement (1916 to 1924), in addition to the psychoanalytical thoughts of Sigmund Freud and Carl Jung, Surrealism was the more influential art. Rendering to its chief philosopher, Ander Breton, it sought to syndicate the comatose with the aware, in instruction to make a new super-reality a surrealism the movement crossed a huge range of styles, from concept to true-life realism, characteristically interrupted with unreal imagery. Significant Surrealists included Salvador Dali (1904 to 1989), Max Ernst (1891 to 1976), Rene Magritte (1898 to 1967), Ander Masson (1896 to 1987), Yves Tanguy (1900 to 1055), Joan Miro (1893 to 1983), Giorgio de Chirico (1888 to 1978), Jean Arp (1886 to 1966), and Man Ray (1890 to 76). The movement has a major impact of European during in (1930) period, it has major forerunner to Conceptualism, and lasts to fine supporters in fine art, works and photography. The psychoanalytical idea of the sigmud Freud and the cral Jung. Surrealism was the influential of art style of the interwar year. Famous artists Max Ernst Rene Magritte Andre Masson Yves Tanguy Joan miro Giorgio de Chirico Jean arp Man ray R.Manimaran

Paper :: essays papers

Paper The value of music education in society has been a significant subject since the time of Plato. Plato wrote about music education in his famous work the Republic: †¦Education in music is most sovereign, because more than anything else rhythm and harmony find their way to the inmost soul and take strongest hold upon it, bringing with them and imparting grace, if one is rightly trained, and otherwise the contrary. And further, because omissions and the failure of beauty in things badly made or grown would be most quickly perceived by one who was properly educated in music, and so, feeling distaste rightly, he would praise beautiful things and take delight in them and receive them into his soul to foster its growth and become himself beautiful and good. (Mark, 2002, p.6) Music education is in danger of being lost to the new generations attending school. It is too important to be cast aside, and technology can be used to aid in the fight to save music education. Importance of Education The importance of music education can be seen by examining numerous scholarly articles. The National Association for Music Education (MENC) believes that music education will help children to grow and perform well in society, school, life, and increasing their intellect (MENC, 2002). According to the American Arts Alliance Fact Sheet from October of 1996, music helps in society because it will â€Å"create jobs, increase the local tax base, boost tourism, spur growth in related businesses and improve the overall quality of life for our cities and towns† (MENC, 2002). Music education helps improve test scores in school; the College-Bound Seniors National Report stated that students who took classes in performing music scored 57 points more on the verbal section of the SATs and 41 points more on the math. Music education increases the intellect of students. Instruction in music is better than instruction in computer literacy because it increases the ability for children to learn reasoning skills (MENC, 2002). Another article called â€Å"Music Makes You Smarter† discusses â€Å"an important link between musical training and other cognitive abilities, particularly spatial abilities – the abstract reasoning that is used for understanding relationships between objects such as, for example, when calculating a proportion or playing chess† (Rausher, 1997). Music education is very important because it challenges students to think ahead such as when reading lines of music before playing them (Rausher, 1997).

Freedom and Reason In Kant Essay -- Philosophy Philosophical Essays

Freedom and Reason in Kant Morality, Kant says, cannot be regarded as a set of rules which prescribe the means necessary to the achievement of a given end; its rules must be obeyed without consideration of the consequences that will follow from doing so or not. A principle that presupposes a desired object as the determinant of the will cannot give rise to a moral law; that is, the morality of an act of will cannot be determined by the matter or content of the will for when the will is materially determined the question of its morality does not arise. This consideration leads Kant to one of his most important theses. If the moral character of willing is not determined by the content of what is willed, it must be determined by the form:" If a rational being can think of his maxims as universal laws, he can do so only by considering them as principles which contain the determining ground of the will because of their form and not because of their matter". Therefore, the morality of a maxim is determined by its functioning as a universal law, applicable as a general rule to every rational agent. Since a moral will must be so in virtue of its form alone, the will must be capable of a purely formal determination; that is, it must be possible for a man to act in a certain way for the sole reason that willing in this way is prescribed by a universal law, no matter what the empirical results will be. A will to which moral considerations apply must be, in the strictest sense, a free will, one that can function independently of the laws of natural causality. The concept of morality, therefore, has to be explained in terms of a universal moral law, and the ability to will in obedience to such a law leads us to postulate the freedom. The freedom which Kant is talking about, is not only a negative freedom consisting in the absence of constraint by empirical causes, it is also a positive freedom which consists in the ability to make acts of will in accordance with the moral law, for no other reason than that they are in accordance with it. Freedom, in this sense, corresponds to Autonomy of the will and its absence ( any situation in which the will is determined by external causes ) is called Heteronomy. In obeying the moral law for the sake of the law alone, the will is autonomous because it is obeying a law which it imposes on itself. .. ...e person, as Reason, as belonging to the intellectual world, is not affected by the laws of Determinism: he is free. This is Kant's proof of Freedom. Is it satisfactory? Later on, in the "Critics of Practical Reason", Kant does not attempt to deduce synthetically Morality from Freedom, as he tried to do in the Grounding by stating that Freedom was the necessary condition for Morality, but he assumes the moral law as a "fact of the reason" from which he infers Freedom. There have been critics blaming Kant of a sort of vicious circle, because he seemed to demonstrate Freedom by means of deduction from Morality and then to show the possibility of the Categorical Imperative deducing it from Freedom. Kant answers that there is no vicious circle because in the ontological order Freedom is the condition for Morality ( it is not possible to follow the duty for the duty if you are not free), but in the order of our knowledge, the moral law is the requirement for Freedom ( we would not consider ourselves free, if we did not think of ourselves as subject to the moral law). Freedom is the ratio essendi of the moral law, but the moral law is the ratio cognoscendi of Freedom. Freedom and Reason In Kant Essay -- Philosophy Philosophical Essays Freedom and Reason in Kant Morality, Kant says, cannot be regarded as a set of rules which prescribe the means necessary to the achievement of a given end; its rules must be obeyed without consideration of the consequences that will follow from doing so or not. A principle that presupposes a desired object as the determinant of the will cannot give rise to a moral law; that is, the morality of an act of will cannot be determined by the matter or content of the will for when the will is materially determined the question of its morality does not arise. This consideration leads Kant to one of his most important theses. If the moral character of willing is not determined by the content of what is willed, it must be determined by the form:" If a rational being can think of his maxims as universal laws, he can do so only by considering them as principles which contain the determining ground of the will because of their form and not because of their matter". Therefore, the morality of a maxim is determined by its functioning as a universal law, applicable as a general rule to every rational agent. Since a moral will must be so in virtue of its form alone, the will must be capable of a purely formal determination; that is, it must be possible for a man to act in a certain way for the sole reason that willing in this way is prescribed by a universal law, no matter what the empirical results will be. A will to which moral considerations apply must be, in the strictest sense, a free will, one that can function independently of the laws of natural causality. The concept of morality, therefore, has to be explained in terms of a universal moral law, and the ability to will in obedience to such a law leads us to postulate the freedom. The freedom which Kant is talking about, is not only a negative freedom consisting in the absence of constraint by empirical causes, it is also a positive freedom which consists in the ability to make acts of will in accordance with the moral law, for no other reason than that they are in accordance with it. Freedom, in this sense, corresponds to Autonomy of the will and its absence ( any situation in which the will is determined by external causes ) is called Heteronomy. In obeying the moral law for the sake of the law alone, the will is autonomous because it is obeying a law which it imposes on itself. .. ...e person, as Reason, as belonging to the intellectual world, is not affected by the laws of Determinism: he is free. This is Kant's proof of Freedom. Is it satisfactory? Later on, in the "Critics of Practical Reason", Kant does not attempt to deduce synthetically Morality from Freedom, as he tried to do in the Grounding by stating that Freedom was the necessary condition for Morality, but he assumes the moral law as a "fact of the reason" from which he infers Freedom. There have been critics blaming Kant of a sort of vicious circle, because he seemed to demonstrate Freedom by means of deduction from Morality and then to show the possibility of the Categorical Imperative deducing it from Freedom. Kant answers that there is no vicious circle because in the ontological order Freedom is the condition for Morality ( it is not possible to follow the duty for the duty if you are not free), but in the order of our knowledge, the moral law is the requirement for Freedom ( we would not consider ourselves free, if we did not think of ourselves as subject to the moral law). Freedom is the ratio essendi of the moral law, but the moral law is the ratio cognoscendi of Freedom.

Evaluation Argument

The debate over whether or not social media is beneficial or harmful to kids has become a rising argument in the past few years. This is due to the increase of children possessing smart phones and having frequent access to the internet. It is estimated that more than sixty percent of kids ages thirteen to seventeen have a social networking profile of some sort (AACAP, 2013). Social media is harmful to kids because it exposes them to situations and content they are not emotionally and mentally capable of handling, allows room for cyber bullying, and can cause them to form detrimental habits.Technology is an extension of what goes on in the real world. Bullying was around before the Internet, but cyber bullying makes it easier,† explained Dr. Brian Primack, an assistant professor of medicine and pediatrics at the University Of Pittsburgh School Of Medicine. Although bullying is nothing new; when it takes place in the digital world, the public humiliation can shatter young lives. Photos, cruel comments, taunts and threats can travel in an instant. These then can be seen, revisited, reposted, and linked to a huge audience.Cyber bullying is using digital ommunications, like social media, to make another person feel angry, sad, or scared. Many experts agree that intent and context are important as well (AACAP, 2013). If the behavior was intentional, that's clearly cyber bullying and there should be consequences. However, if a kid inadvertently hurts another kid, then he or she may just need to learn better online behavior. Online messages can be more confusing or scarier than in-person communication because there are no face-to-face cues to help you understand people's intentions.Helping kids recognize bullying will help them earn to better deal with it. Kids may be apt to use more hurtful and extreme language online than offline. It's not uncommon for cyber bullies to say things like â€Å"l wish you would die,† â€Å"You're ugly,† or â€Å"Ever ybody hates you. † If a kid said these things out loud in public, a teacher, a parent, or even another kid would probably overhear and intervene. Cyber bullying can happen anytime, whereas regular bullying generally stops when kids go home.A child could get a text, or see posts on Facebook at any moment. Cyber bullying is very public, which can add to the harmful effects it can have on children. Posts can spread rather quickly to a large, invisible audience due to the nature of how information travels online. Daily overuse of media and technology has been proven to have a negative effect on the health of children, preteens, and teenagers by making them more prone to anxiety, depression, and other psychological disorders, as well as by making them more susceptible to future health problems.A review of research from the past decade has found that adolescents who demonstrated Internet addiction scored higher for obsessive-compulsive behavior, depression, generalized and social an xiety, ttention deficit hyperactivity disorder, introversion, and other maladaptive behaviors (AAP, 2013). There is also considerable debate within the mental-health field about whether dependence on technology is a true addiction, like alcohol, drugs, or gambling.In fact, the American Psychiatric Association, which produces the Diagnostic and Statistical Manual, decided not to include Internet Addiction in their latest revision. Some experts in the tield argue that the unhealthy dependence on technology may be a symptom of some more fundamental pathology, such as depression or anxiety. To underdeveloped minds, these affects can be extremely harmful and can affect them later in life. However, not all usage of social media can be totally harmful.In Why Social Networks Are Good for the Kids,' by Sara Lacy, argues that social networking can make people more empathetic, and that ‘sites like Facebook and Twitter are more about extending your real identity and relationships online. † Indeed, we get actual ‘endorphin rushes†(Lacy, 2013) from connecting with friends and staying in touch with people we don't see or interact with daily. Social media usage can be a door to echnological literacy as well; which could help children prepare for their future professional lives.A 2008 study by the MacArthur Foundation suggested that social sites led some kids to learn to adjust software code in the video games they played, edit video games, or fix computers; and in an ever-advancing technological world, these skills could be helpful. As with everything, balance is the key. Parents should take care to educate their children as much as possible on the dangers of too much social media use, as well as encourage use for educational and socializing purposes. Taken as a whole, social networking impacts children in ways that most people would expect it to.The biggest questions are: How different is virtual empathy from real life empathy? And how is the developm ent of virtual feelings different from the development of real feelings in general? Parents should be aware of the appropriateness of their child's activities on social networking portals, as well as talk about removing unacceptable content or connections to people who may be a bad influence. Parents play a large role in helping maintain kids' online safety.

Experiment Essay

The primary focus of experiment 4 was to teach a student the basic solubility rules of salts in aqueous solutions. After developing and using a scheme for the qualitative analysis of three cations in an aqueous mixture, a student would use a centrifuge to identify, precipitate, and separate the three ions in the mixture. After becoming familiar with all three cations, the student would use the scheme again to identify at least two of the cations in an unknown solution. In order to begin the separation process, HCl is added to the mixture of cations to form the precipitates and separate the chlorides of Ag+, Pb2+, and HG22+. It is important not to add too much HCl because an excess would form the soluble complexes of AgCl and PbCl2. After the HCl is added, it is centrifuged to form a solid precipitate that contains all three cations and separate them from the supernatant liquid. Finally, another drop of HCl is added to test for completeness of precipitation and centrifuged again if the solution remains incomplete. To separate the lead (II) ion from the sample of solution, it must be separated from the insoluble Hg2Cl2 and AgCL salts by dissolving it in hot water. Once it has been dissolved from the other two cations, it is centrifuged and the liquid is decanted into another test tube. Once in the other test tube, a drop of 6.0 M acetic acid and two drops of 1.0 M K2CrO4 is added to the saved liquid. If the lead (II) cation is present, a yellow precipitate forms and ensures the presence of that cation. When testing my unknown solution, the lead (II) ion was not present in my solution. To further separate the cations, 1.0 mL of 6 M NH3 is added to the saved precipitate. After adding the ammonia, the mixture is centrifuged and the liquid is once again decanted into another test tube. If a gray or black precipitate forms, this proves the presence of Hg22+. The mercury (I) ion was present in my unknown. Finally, separating the silver ions from the sample solution mixture is accomplished in the prior step when the mercury ion is centrifuged. In order to test for the presence of silver ions, 1 mL of 6M HNO3 is added to the solution from the prior step. The silver precipitates in this acidic solution. If a white precipitate appears, silver is present in the solution. The presence of a white precipitate in the solution proves that there were silver ions in my unknown. By following the scheme for the qualitative analysis, it was simple to separate and test for the presence of the target cations. It was critical to correctly label every one of the liquids to ensure the correct reactions. No other difficulties prevented success in the experiment, but performing the experiment several times would further reinforce the outcome of the experiment.