This question of Flora's legal position relates to the Law of Contract and more specifically to what a contract is, breaches of contract, whether these breaches are material and the remedies for a breach.
CASE STUDY 2 Flora ordered a top-of-the-range 'home cinema' TV as a surprise birthday present for her husband Rob. His birthday was the day before Scotland's anticipated triumph over Brazil in the opening round of the World Cup. Flora had stressed to the salesperson the need to have delivery of the TV by that date. She received a letter from the shop to advise her that due to a problem with the manufacturer, delivery of the TV would be a few weeks late. Flora realised that not only did this mean that Rob would not have the TV in time for his birthday and the opening match but that it would be unavailable for the entire tournament including Scotland's appearance in the final. She decided she would buy another TV elsewhere. She telephoned the manager of the shop to cancel her order but he said this was not possible. With full reference to authority, give your reasoned opinion as to Flora's legal position. The following essay, submitted by a student, received a mark of 64%. Tutor's comment at the end of the essay. STUDENT ESSAY This question of Flora's legal position relates to the Law of Contract and more specifically to what a contract is, breaches of contract, whether these breaches are material and the remedies for a breach. We will look at each of these areas in turn in order to establish Flora's legal position. A contract is an agreement which has
Cognitive and Biological factors influence behavioural change
Cognitive and Biological factors influence behavioural change "Theories challenging traditional learning theory make the assumption that learning is more than a series of stimulus-response associations." With reference to this statement, assess the extent to which cognitive and/or biological factors contribute to explanations of behavioural change within the learning perspective. Cognitive and biological factors contribute to the explanations of behavioural change within the learning perspective. Studies on behavioural change suggest that cognitive and biological factors influences learning, such as biological preparedness, imprinting, instinctual drift and the LAD. Phobias are also an example of biological influences on learning, which supports the one-trial-learning theory. Cognitive elements such as cognitive maps and insight contribute to the explanations of behavioural change within the learning perspective. Biological preparedness, in the learning perspective, suggests that learning is influenced by biological factors. For example, the concept of one-trial-learning explains how phobias are learnt. One-trail-learning does not incorporate the original ideas of classical conditioning, as repeated-pair trials are not needed for phobias to be learnt. Furthermore, one-trial-learning does not require repetition, which is normally required in the traditional classical
Compare and contrast biological and psychological explanations of anxiety disorders
Compare and contrast biological and psychological explanations of anxiety disorders Research has often concluded that no one biological or psychological theory can provide a sufficient explanation into anxiety disorders such as depression. The diathesis stress model explains psychological anxiety disorders as an interaction between a predisposition to the disorder and environmental stress. In terms of anxiety disorders, predispositions include aspects of biological and psychological factors. Often the main problem found with psychological explanations of anxiety disorders, especially the psychodynamic theory, is that is the theories are more difficult to test. With Freud's theory, which is largely based on the working of the unconscious mind, it makes it impossible to prove or disprove. When evidence is presented it is often inconsistent, for example, Paykel (1981) reviewed studies and found that had half weren't supportive of early loss as an explanation. Freud suggested that development is driven by biological changes. Adult's characteristics are the consequences of the interaction between these and experience. Biological explanations are more scientific and easy to measure as they use three main ways of assessment. These are family studies, win studies and adoption studies. Naturally technology will evolve along with time. When analysing genetic influences, the medical
Outline and evalutate one or more psychological theories of aggression
Social Learning Theory (SLT) emphasises the importance of observing behaviours and modelling ourselves on these behaviours. The theory suggests that we learn to become aggressive by observing, this is controlled by environmental influences. Bandura (1961) conduced a study on a group of 36 boys and 36 girls; these children were divided into 8 groups of 6 with the remainder making up the control group. There were two conditions - the aggressive and non-aggressive. In the aggressive condition an adult model entered the room and attacked a bobo doll whilst the children watched, the model attacked the doll both with various weapons (mallet, hammer) and verbally. In the non-aggressive condition the adult ignored the bobo doll. Bandura found that the children in the aggressive condition were significantly more aggressive when compared to the other two conditions. 70% of those children in the other conditions showed no signs of aggressive at all. Bandura concluded that the observation of other's behaviours leads to imitative learning. However, this study does have limitations; the children's aggressiveness was only limited to a bobo doll, meaning that this was not real aggression. Adding to this, the experiment lacks ecological validity because real life is rarely as clear-cut as this, therefore it is difficult to generalise these findings. IN addition to this Bandura only used adult
Current Scots Law on Defence of Necessity.
Criminal Law 2 Coursework Assessment . Current Scots Law on Defence of Necessity In very general terms, the defence of necessity operates where a person intentionally commits an offence because there is no legal alternative he could take to avoid death or serious injury. A straightforward example offered by the Stair Memorial Encyclopedia is where a lost hill walker breaks into a bothy he happens upon for shelter and uses the owner's fuel1. Prior to the appeal court's decision in the case of Moss v. Howdle2 in 1997 the modern day position relating to a defence of necessity was unclear. The appeal court chose to explore necessity in full and address the question of whether it was a defence available at all in Scots law, as it had not authoritatively been upheld in Scotland, the only modern case had been Tudhope v. Grubb3 in 1983, which was a Sheriff Court decision and therefore not binding. The appeal court confirmed that necessity was indeed a general defence to all offences, both statutory, including strict liability, and common law and set down the requirements for a successful plea which would result in the accused's acquittal. The Lord Advocate's Reference (No.1 of 2000)4 affirmed those requirements defined in Moss and developed some of the dicta in relation to the circumstances of fact in that particular case. As the defence is available to strict liability
Compare and contrast the main approaches - Biological and Behaviourist, biological and cognitive, Psychodynamic and Behaviourist.
Compare and Contrast the Psychodynamic and Cognitive approaches in terms of similarities and differences. [12 Marks] The cognitive and psychodynamic approaches have many similarities and differences; these include debates in nature and nurture, the usefulness of these approaches, deterministic and scientific/non scientific. The psychodynamic approach takes into account both nature and nurture, however the cognitive approach has failed to recognise the influence of nature and nurture. Freud claimed that adult personality is the product of innate drives (nature) and childhood experiences (nurture). These innate drives include the structure of the personality, Id, ego and superego as well as the psychosexual development every child passes through. If a child does not pass through these processes successfully it could lead to abnormalities in behaviour. The cognitive approach has carried out research into intelligence but has not looked at the influence of genes in its research or environmental factors (such as wealth) that could influence intelligence. Therefore this clearly indicates that both approaches are different in terms of nature and nurture. The cognitive approach is useful and has been applied successfully in therapy. As one of the core assumptions of the cognitive approach is that mental processes influence our behaviour, therefore if these process are
Psychopathology, Theories and Treatment Revision notes (Psychology AS)
Transfer-Encoding: chunked Psychopathology Study of abnormal thoughts, behaviours and feelings. Definitions for abnormality Deviation from social normal * a person's thinking or behavior is classified as abnormal if it violates what is expected or acceptable behavior in a particular social group * Social behavior varies markedly when different cultures are compared * it is common in Southern Europe to stand much closer to strangers than in the UK * Social norms change over time. Behavior that was once seen as abnormal may, given time, become acceptable and vice versa. E.g. Homosexuality was seen wrong but now is acceptable Failure to function adequately * a person is considered abnormal if they are unable to cope with the demands of everyday life * They may be unable to perform the behaviors necessary for day-to-day living e.g. self-care, hold down a job, interact meaningfully with others, make themselves understood etc. * Rosenhan & Seligman suggest the following characteristics that define failure to function adequately: * Suffering * Maladaptiveness (danger to self) * Vividness & unconventionality (stands out * Unpredictably & loss of control * Causes observer discomfort * Violates moral/social standards * abnormal behavior may actually be helpful, function and adaptive for the individual * For example, a person who has the
Criminal Law Coursework
Criminal law is a set of rules which govern the conduct of its citizens, and which, if these rules are broken, can punish this conduct by using sanctions. Though private prosecution is possible1, it is highly unusual and, in almost every instance, the Crown prosecutes on behalf of its citizens. In Scotland the Lord Advocate brings cases before the High Court if the charges are serious, with the Procurator Fiscal in charge of prosecuting more minor offences2, heard before the Sheriff and District Courts. The criminal law consists of both written and unwritten rules - common-law offences like murder and rape, and statutory offences such as being drunk on public transport3 respectively. Both common law and statutory crimes require 'Actus Reus' ("Criminal Act") and 'Mens Rea' ("Criminal Mind"), unless the crime is one of strict liability4. Actus Reus is more than a mere though to commit a crime5, there has to be an act, be it the planning of a crime6 or physically committing a criminal act7, though in certain circumstances those omitting to comply with a duty can also be criminally liable8. Mens Rea deals with the mental element to a crime, and usually looks at the intentions of those who committed the Actus Reus, though intention is not necessarily needed9. The term used in older Scots cases describes the mental element as 'dole', the literal meaning of which is 'evil intent,
To what extent do the grand theories take account of the role of social experiences in child development?
To what extent do the ‘grand theories’ take account of the role of social experiences in child development? Developmental Psychology is a field of inquiry devoted to understanding constancy and change across the human lifespan. One area of research concerns child development examining the physical and psychological changes in children from birth to adolescence. As children progress from dependency to increasing autonomy, the concept of childhood is not only a period of biological development but also an important social category. Definitions of childhood have been transformed across different periods of history and cultural contexts in understanding and prescribing children’s activities and experiences. This essay will begin by presenting the philosophical roots expressed about child development and introduce the four ‘Grand theories’. Each theory will then be outlined regarding their insights and frameworks. Consequently, exploring the similarities and differences between the respective theories, the extent to which they account for the role of social experiences in explaining childhood development will be evaluated. Within developmental psychology, one compelling debate concerns the interplay between biology and culture. In understanding this dichotomous view it has been argued: ‘The immaturity of children is a biological fact but the ways in which that
Shameless indecency has provided much troubled and remarkable judicial decisions regarding this area of sexual crime in the Criminal Law of Scotland.
INTRODUCTION Shameless indecency has provided much troubled and remarkable judicial decisions regarding this area of sexual crime in the Criminal Law of Scotland. This thesis was ultimately derived from Macdonald's statement that: "All shamelessly indecent conduct is criminal1" This as we will see was not true then and is not true today, and the decision of Webster v Dominick2 welcomed the abolition of the crime, which a reform had been long over due both morally and legally. THE LAW PRIOR TO WEBSTER McKenzie v Whyte3 was one of the most significant cases in classifying indecent behaviour. The case drew a distinction between lewd, indecent and libidinous practices, which the court regarded as a crime against individual victims, and the crime of indecent exposure, which the court regarded as a crime against public morals. The court also indicated that the crime of indecent exposure did not depend on any technical distinctions between public and private places, but on the public quality of the conduct, namely exposure to the public at large even where the locus was technically a private place. McLaughlin v Boyd4 had introduced a confusion which obscured the distinction made in McKenzie v Whyte and has affected the case law ever since. The courts approval of MacDonald's5 statement that "all shameless indecency conduct is criminal6" was obiter. The main question in this
