Damages, and there assessment.
BLB 1115 Assessment 1 Id: 3212756 Damages I. Introduction Damages are defined as: The pecuniary compensation, obtainable by success in an action, for a wrong which is either a tort or a breach of contract, the compensation being in the form of a lump sum which is awarded unconditionally and is generally, but not necessarily, expressed in (Australian) currency.1 In the case when a breach of contract occurs, the party who suffers the loss as the consequence arising from such a breach is entitled to claim damages. An action for damages is a right for the party not in breach, i.e. the plaintiff, which is implied by the law. This right is based on the general idea that "wherever the law recognizes or creates a primary duty or obligation, a secondary duty or obligation is implied by law when a breach of duty occurs.2 The objective of awarding damages for a breach of contract is basically to compensate the person for their loss, not to penalise the wrongdoer.3This objective was precisely stated by Parker B in an English case, i.e. Robinson v Harman.4His Honour said that: Where a party sustain a loss by reason of a breach of contract he is, so far as money can do it, to be placed in the same position with respect to damages, as if the contract had been performed.5 By virtue of this statement, it may seem that the loss suffered by the party not in breach (hereafter called
Damages, implied terms, conditions
Damages, implied terms, conditions The question involves discerning various issues of litigation that could be either contractual or tortious. The tortuous issue will first of all be considered. John clearly has a good case to bring a tortuous personal injury litigation action against his employer, even though that person is his father. There are important areas of litigation that must be considered. If John is to bring a successful action against Mike, he must first establish the basic principles that must be established relating to the law of negligence. The factors that must exist for an action to subsist in this context is that there must be a situation of a duty of care. That duty of care must be owed by Mike to John. There must have been some negligent act. That negligent act must have caused the injury (causation) and finally the injury caused must not have been too remote. There is no indication that the injury to John was actually caused by Mike's negligence. However, there is enough evidence in the scenario to suggest that a case can be brought against Mike. John only needs to prove on a civil basis on the balance of probabilities that he was owed a duty of care by Mike. There is further a duty owed by an employer to an employee1 which has been called the threefold duty established in Wilson's Case 2. This duty can loosely be described as having 5 limbs, which
How Smoking Damages the Health.
How Smoking Damages the Health Inhaling hot smoke-filled air through the mouth and via the bronchi into the lungs pollutes the respiratory system. The natural cleaning system of the ciliary cells of the bronchial lining becomes damaged and inactive. It also damages the alveoli, making it difficult to breath. Cigarette smoke contains around four thousand chemicals, many of which are known to be highly poisonous and very harmful - over 40 are known to cause cancer. The main three constituents are: * Tar- When tobacco smoke cools, a dark, sticky tar is formed. This collects in the smoker's lungs. It lines the lungs and prevents gaseous exchange. * Nicotine-Nicotine is a powerful drug which smoker's become addicted to very quickly. It is absorbed into the blood and is spread through the blood vessels to other parts of the body. It can have a damaging effect on the circulatory system. * Carbon Monoxide-Carbon Monoxide combines with haemoglobin more readily than oxygen. This means that a smoker's blood has less red blood cells free to carry oxygen so the heart has to work harder to provide the body's cells with the amount of oxygen they need. The other chemicals found in a cigarette include: • Benzene, a gasoline additive found in paints, paint thinners, adhesives and plastics. You can be exposed to benzene fumes while pumping gas. • Asbestos, It is found in acoustic
Calculating Gear ratio's.
Gears Introduction Gears are very versatile and can help produce a range of movements that can be used to control the speed of the action. In basic terms, gears are comparable to continuously applied levers, as one tooth is engaging, and another is disengaging. The gear wheel being turned is called the Input gear and the one it drives is called the Output gear. Gears with unequal numbers of teeth alter the speed between the input and out put. This is referred to as the Gear Ratio. CALCULATING RATIOS The following example shows how the ratios are calculated. If the input gear (A) has 10 teeth and the output gear (B) 30 teeth, then the ratio is written down as 3:1 Ratio = number of teeth on the output gear B (30) number of teeth on the input gear A (10) Therefore the ratio is written down as 3:1 The first figure (3) refers to how many turns the input gear (1) must turn in order to rotate the out put gear 1 full revolution. Simply divide the amount of teeth from the input by the output gear to work out the ratio. The principle behind gears is also very simple. In the above example, for every complete revolution of the input gear the out put turns 1/3 of the way round. This means you are slowing down the action and are referred to in engineering terms as "Stepping Down". If we reverse everything then the opposite happens and we "Step Up". It takes 1 turn of the
Calculating the Young Modulus of Constanton
Calculating the Young's Modulus of Constanton By Hannah Godfrey Introduction Constanton is a copper-nickel alloy mainly used in the for its electrical resistance properties. It has a high resistance which is constant over a wide range of temperatures. I am going to find out the Young's modulus of this wire and observe its behaviour. Apparatus * Constanton Wire * G-Clamp x2 * Pulley * Hanging weights * Ruler * Micrometer * Small marker flag * Wooden end blocks * Sponge Blocks Underlying Theory When a sample is deformed by a force, the deformation is proportional to the magnitude of the force. This is shown by Hooke's Law where: Force is equal to a stiffness constant (k) times the extension (e).The force is proportional to the extension. For a sample we can also calculate stress and strain: Where stress is equal to force (F) divided by area (A) and strain is equal to extension (e) divided by original length (l). When you plot these on a Stress-strain graph it proves Hooke's law when it is straight line but as soon as the graph curves, the sample is showing plastic deformation as it is past the elastic limit. Using this graph we can work out the Young's Modulus of a sample which is: This is also measured in Nm-2 or Pascal's (Pa). It can also be calculated by working out the gradient on the stress-strain graph. When a wire obeys Hooke's Law it deforms
Calculating the viscosity of Glycerol.
AS PHYSICS INVESTIGATION Calculating the viscosity of Glycerol Introduction: Viscosity is a measure of the resistance against the flow of a substance (fluid). The higher the viscosity of a fluid, the less easily it can flow. The viscosity of a fluid can be calculated by using Stroke's Law, which relates the viscosity of a fluid to the viscous drag (opposing force) and velocity at which it is travelling. One method of calculating the viscous drag (also the method I will be using) is by subtracting the upthrust exerted by the fluid on an object (ball) from the weight of the object as it is dropped through the fluid, assuming that the object has reached it's terminal velocity and therefore has equal forces acting on it. Aim: To observe and record the terminal velocities of different sized balls falling through Glycerol, and hence calculate the viscosity of Glycerol. Variables: The only variables that will be changed for us to gain a range of results will be the size of the balls. All other variables including the densities of both the balls and fluids must remain the same. Although temperature changes could cause expansions and contractions in the substances, it will not affect the results significantly as the changes will have an effect on both the fluid and ball, hence having no overall effect on the experiment. There may be other variables such as the gravitational
MICROMETRY- Calculating actual width of cell wall:
LE BOCAGE INTERNATIONAL SCHOOL MICROMETRY Practical 1 Mahmood Zabioullah Fokeerbux 3/24/2009 Question 1: Electron micrograph 1 RAW DATA COLLECTED Magnification= X16, 000 Record Magnified width of the cell wall (±1mm) 3mm 2 3mm 3 4mm 4 4mm 5 3mm PROCESSING DATA Mean of records= (3mm+3mm+4mm+4mm+3mm)/5 =17mm/5 =3.4mm ˜3mm Standard Deviation=0.55 Range=4mm-3mm =1mm Calculating actual width of cell wall: Magnification= size of drawing/ size of object Magnification= X16, 000 Average width of magnified cell wall= 3mm Actual width of cell = size of object/ magnification =3mm/16, 000 =0.0001875mm =0.1875µm =187.5nm ˜188nm EVALUATION The standard deviation is very low showing that the values recorded are very close to the mean (clustered to the mean). The range is not big, thus showing no outliers are found. Therefore the data collected can be said to be reliable. The value obtained could have been more accurate if more recordings were taken. Question 2: Electron micrograph 2 ) Diameter of the nucleolus RAW DATA COLLECTED Magnification= X25, 000 Record Magnified diameter of nucleolus (±1mm) 76mm 2 77mm 3 77mm 4 77mm 5 76mm PROCESSING DATA Mean of records= (76mm+77m+77mm+77mm+76mm)/5 =383mm/5 =76.6mm ˜77mm Standard Deviation=0.55 Range=77mm-76mm =1mm Calculating actual width of cell wall: Magnification= size of
Why Bother Calculating Business Ratios
Why Bother Calculating Business Ratios So why would anyone want to use business ratios? Ever thought of buying a company? If you're a stock market investor, you already have. But investing is a tricky business, according to Jon Birger, especially since "public confidence in reported earnings has been crushed by the deceptions of Enron, WorldCom and other corporate fraudsters " (Birger). So how do you know how well these companies are doing? Well, if you're interested in buying a business, investing in one, lending money to one, selling goods to one or maybe you're just an internal manager seeking to gain a perspective on the business' strengths and weaknesses, you may want to know how to perform what is sometimes referred to as Financial Ratio Analysis. Let's say we've just come upon a big lump of cash and would like to roll the dice and win big by investing the stock market. A friend was kind enough to help you in your decision of the company by making a few suggestions. Well, how do you know which to choose? That's easy, by looking at the four classification of ratios, as defined by Stittle, "profitability, liquidity, efficiency and financial (investment)" (Stittle). These ratios give an idea of each company's performance, financial strength and how they compare to other companies. In Understanding Financial Statements for Non-Financial Professionals,
Different Methods of Calculating Deaths Attributable to Obesity
Different Methods of Calculating Deaths Attributable to Obesity Introduction Obesity has become one of the most significant health problems in the society nowadays. According to BBC (2004), more than 30,000 deaths per year were caused by obesity in England. Obesity related illness include coronary heart disease, diabetes, cancers, and other various health problems. Because of its rising significance, a lot of effort was put into evaluating the economic cost of obesity. The National Audit Office (2002, as cited in BBC, 2004) quoted a cost of £500 million to the NHS per year, with the overall cost to the country reaching £7.4 billion a year. Such evaluation not only encouraged the government to initiate strategies to reduce the burden of obesity to the society, but also raised the awareness of the public to this rising health problem. Soon, the public began to question the accuracy of such figure as it presented urgency for this long existed problem to be solved. In recent years, a number of scientific studies have attempted to derive methods to accurately calculate deaths caused by obesity. Among them were the papers by Allison et al. (1999a; 1999b) and Flegal et al. (2004a; 2004b; 2005). In 2004, the Centers for Disease Control (CDC) released a report using Allison's "partially adjusted" method and estimated that 400,000 deaths per year were caused by obesity in the United
Physics lab - Calculating the Specific Heat Capacity of Water
PHYSICS LAB - DATA COLLECTION AND PROCESSING Calculating the Specific Heat Capacity of Water DATA COLLECTION Variable Volume of Water taken: Volume of Water (cm3) Uncertainty (cm3) 80 ± 10 Measured Readings of Voltage and Current: Voltage (V) / V Current (I) / A (± 0.1) V (± 0.01) A 4.5 0.69 Values of Temperature observed at 30-second intervals: Time (t) / s Temperature (T) / oC (± 0.25) s (± 0.1) oC 0.00 40.0 30.00 40.2 60.00 40.4 90.00 40.6 20.00 40.8 50.00 41.0 80.00 41.2 210.00 41.4 240.00 41.6 270.00 41.8 300.00 42.1 330.00 42.3 360.00 42.5 390.00 42.7 420.00 42.9 450.00 43.1 480.00 43.3 510.00 43.5 540.00 43.7 570.00 43.9 600.00 44.2 630.00 44.5 660.00 44.7 690.00 45.0 720.00 45.2 750.00 45.5 780.00 45.8 810.00 46.0 840.00 46.3 870.00 46.5 900.00 46.8 930.00 47.1 960.00 47.3 990.00 47.6 020.00 47.8 050.00 48.1 080.00 48.4 110.00 48.6 140.00 48.9 170.00 49.1 200.00 49.4 PROCESSING Calculating the values for Temperature in Kelvin: Temperature (K) = Temperature (oC) +273 Temperature values (K) Temperature (T) / K (± 0.1) K 313.0 313.2 313.4 313.6 313.8 314.0 314.2 314.4 314.6 314.8 315.1 315.3 315.5 315.7 315.9 316.1 316.3 316.5 316.7 316.9 317.2 317.5 317.7 318.0 318.2 318.5 318.8 319.0 319.3 319.5 319.8 320.1 320.3 320.6
