Medical Ethics
In regards to Mimi this question deals with medical treatment consent to treatment and non-consensual treatment. The general legal and ethical principle of medical treatment is that a doctor or other healthcare professional may not provide any medial treatment to any patient without lawful justification or legal valid consent of the patient. If medical treatment is given without lawful justification or consent the doctor or health care professional will be liable for the tort of trespass to the person under battery, this was held in the case of Schloendroff v New York Hospital, Cardoza J stated, "Every human being of adult years and sound mind has a right to determine what shall be done with his body and a surgeon who performs an operation without his patients consent commits an assault".1 If non consensual treatment is given it is said to be a breach of human rights under article 3 (degrading of life) and 8 (respect of private life) of the European Convention of Human Rights 19502, however there are exceptions where treatment may proceed without the consent of a patient. Theses exceptions are where a patient is incompetent, minors under 16, treatment under health public health legislation and necessity, where an unconscious patient needs life saving surgery3. Mimi the famous pop singer is unconscious at her arrival to the hospital therefore she will be regarded as an
Exemption clauses.
This case involves exemption clauses. An exemption clause is a term in a contract which seeks to enable one party to escape liability. Nothing is wrong with such clauses made between equals, but they are imposed on a weaker party by a stronger party. Exemption clauses are a common feature of contracts today and may take a number of different forms. The most frequently encountered types of exemption clauses are those which seek to exclude liability for breach of contract or for negligence or which seek to limit liability to a specified sum. Parliament decided to control unfair exemption clauses and now the majority of them are covered by the Unfair Contract Terms Act 1977 and supplemented by the Unfair Terms in Consumer Contracts Regulations 1999. If an exemption clause is upheld the common law insisted that everything reasonable must be done by the proponent to bring the clause to the attention of the other party. An exemption clause assumed the existence of a contract and that the defendant has some liabilities even though the clause exempts him from them. The courts (Court of Appeal) does not like exclusion clauses because they go against the basis of a contract because there should be an assumption of rights and duties on both sides. There are three things that must be proved in a clause. These include:- . A term of Contract 2. It covered damages 3. There is no
Who Is To Blame For The Tragedy (Romeo and Juliet)?
Who Is To Blame For The Tragedy? The tragical death of the two 'star-cross'd' lovers, Romeo and Juliet do not appear to be of much benefit. They are, it could be said, needless! This is not entirely true, because the fighting between the two families did stop by the deaths, however, this was of no benefit to themselves, nor was it the aim of the story! It was mainly the people around them who were fighting and disagreeing about the relationship. Romeo and Juliet did not take an active part in the fighting. Their lives were wrecked, and effectively ended, by the fighting. Romeo is a young member of the Montague household, who falls in love with another young member of the rival family, who happen to be sworn enemies, the Capulet family. Romeo begins as a very strange character. He is in love with Rosaline, but we soon find this love is not genuine. He also seems to blame everything on fate and fotune. After he kills Tybalt, he exclaims: "O, I am fortune's fool". Killing Tybalt was one of the big mistakes Romeo made. This is one that eventually led to his death. I think this was one of the biggest factors in leading to the tragic ending. If it had been prevented, Romeo would not have been banished from the country. He would have been able to speak and see Juliet, and he would have been informed about the events surrounding her 'to-be' marriage with Paris.
A defamatory statement is statement which is false and which impugns another person's reputation, or adversely affects his standing in the community.
Defamation A defamatory statement is statement which is false and which impugns another person's reputation, or adversely affects his standing in the community. The jury is inducted in defamation proceedings (s69 Supreme Court Act 1981). However, the jury verdict can be overturned on appeal on the ground of perversity. Legislative intervention has allowed the appellate courts to intervene more frequently with jury assessments of damages (s8 CLS Act 1990). Safeway Stores plc v Tate [2001] The claimant applied for summary judgement under CPR. The judge took the view that the defendant had no reasonable prospect of defending the action, and granted the application. CA held that the claimant's right to a jury trial under the Supreme Court Act was a fundamental right and the Civil Procedure Act 1997 conferring reform powers to the Lord Chancellor by way of delegated legislation cannot repeal or amend primary legislation. Alexander v Arts Council of Wales [2001] It is open for the judge in each case to decide whether a publication is capable of bearing a defamatory meaning. If it does not, he may remove the issi=ue from the jury to give a summary judgement. Kiam v MGM Ltd [2002] The judge had suggested a bracket of GBP 40000 - 80000. The jury awarded GBP105000. CA held that the test whether such an award was excessive under s8 was not what the court thinks would
Atmospheric Pollution – an Environmental Law Essay
ATMOSPHERIC POLLUTION - AN ENVIRONMENTAL LAW ESSAY: .0 Firstly, we must question: How does air pollution occur? To understand this, one is required to recognise the earth's surroundings. Life is totally dependant upon the blanket of mixed gases referred to as 'air' surrounding our planet earth. This atmosphere is, approximately, a five hundred kilometre thick1 composite layer of colourless, odourless gasses that surrounds the earth kept in place by gravitational forces. Due to its intangible form, it is often ignored by man, making it vulnerable and easily damaged (this fact being highlighted by a large number of disasters caused, effectively, by man). The political and scientific debate on the so called 'Greenhouse Effect' is based on concern over increasing atmospheric levels of carbon dioxide resulting from combustion of fossil fuels and emissions of other 'Greenhouse Gases' - such as methane (from decomposing waste), chlorofluorocarbons (CFCs) and nitrous oxides (NOx). The activities of homo sapiens have introduced these new chemicals into the atmosphere and disturbed the distribution of its natural constituents. At first, this was limited to the effect of the fireplace, but later, with the greatly expanded usage of coal, these effects grew more acute. And, after the Industrial Revolution, these effects were compounded. As will be made clear, this revolution reached such
This paper gives a broad description of an auditing profession and all matters that are connected with this area.
Introduction This paper gives a broad description of an auditing profession and all matters that are connected with this area. The first chapter concerns Polish auditing regulations. It focuses also on conditions that must be fulfilled to perform auditing profession in Poland. In the next three theoretic chapters it discusses types of auditing, internal control system and its importance for the company and relations between internal and external auditing. The fifth chapter is a description of an auditing process conducted in an inventory and warehousing cycle. The last chapter concerns professional ethics of an auditor, which is one of the most important fields of the reliable auditing. Chapter 1. Audit profession in Poland .1 Law regulations Accounting and auditing profession in Poland are performed in compliance with accounting law which came to daylight in 1995 and was further modificated. The most recent changes came to daylight on January 1, 2002. Not only does the law state accounting rules but also describes required course of action whilst auditing financial statements. Following categories of business entities are involved in the statutory audit of year financial statements: . Holdings 2. Banks and insurance companies 3. Entities emitting public securities, including pension and investing funds 4. Joint-stock companies 5. Other entities with staff of 50
Romeo & Juliet.
Romeo & Juliet Introduction The story of Romeo and Juliet is set in Verona, Italy in the year 1595 the story was written by a man called William Shakespeare. The story is about a boy by the name of Romeo Montague and his family and about a girl by the name of Juliet Capulet and her family. These two families had an Ancient feud that lasted for decades; this feud was fuelled by anger, hatred and violence but through this came love a love so beautiful that even the biggest feud in Verona could not stop. The two that were in love were Romeo Montague and Juliet Capulet their two families were the richest and most powerful in Verona and also had the biggest feud but that did not stop them from falling in love and getting married secretly. After getting married they decided to tell their families and hope that their love will bring peace to the violent feud. From the start of the story till Act 3 Scene 1 things were going fine for them until Romeo told Tybalt, Juliet's cousin who then got into a fight with Romeos best friend Mercutio who was sticking up for Romeo the fight ended in a death, the death of Tybalt; then out of anger Romeo killed Tybalt and then was banished from Verona. What Happens In act 3 Scene 1 Benvolio and Mercutio are out on the town. Benvolio returns to avoid a fight. Tybalt arrives and looks for Romeo and finds him to fight. Romeo refuses to fight
What is the rule of law? Critically assess the extent to which the United Kingdom upholds the rule of law.
What is the rule of law? Critically assess the extent to which the United Kingdom upholds the rule of law. The rule of law can be defined in a variety of ways. The majority believe that the rule of law refers to equality; that everyone is to be treated equally under the law and that no one is above the law, regardless of position in society. Therefore the law applies to everyone without exception, and that includes the Monarch and Parliament. The difference between "rule by law" and "rule of law" is vital. Under the rule "by" law, law is an instrument of the government, and the government is above the law. In contrast, under the rule "of" law, no one is above the law, not even the government. Another view of the rule of law is in its moral philosophical context. To ask whether the rule of law is morally good, and does it meet the criteria to say that it is morally good, or does it mask a variety of actions that do not meet these moral standards. Lastly, the rule of law can be seen in a political sense, that government shall be ruled by the law and subject to it, not only to be accountable for its actions, but to also ensure that these actions are legal. The rule of law is not just a principle but actually controls some of today's society such as its imperative use in the courts. The first definition of the rule of law that is given is the one I intent to discuss and
Cue-dependent forgetting theory by Tulving
As Psychology Unit 3 R.Lally Coursework Introduction The theory being tested is the Cue-dependent forgetting theory by Tulving. Cue-dependent forgetting means that 'information is stored in the long-term memory but there is no suitable retrieval cue from the environment to prompt memory.' This means that information is available but is not accessible. An example of this is if you forget something about your childhood and you visit your old school/house it may help you remember by acting as a cue. Tulving split cue-dependent forgetting into two different types. One type is State dependent forgetting, which is the physical/physiological state of the person when the information is encoded and retrieved, examples of these are, happy or sad, alert or tired etc. These are internal cues. The other is Context dependent forgetting, this is the environment setting or situation in which the information is encoded or retrieved, an example of this is a particular room etc. These are external cues. A study that supports Tulving's theory is Aggleton and Waskett (1999) 'Can Viking smells aid the recall of Viking experiences?' The aim of this study was to test whether smells could act as cues to real life setting because most other studies of this nature had been done in a laboratory setting. The sample was 45 participants who had been to the Jorvik Viking Centre and used
Aviation Law Case - Jack and the hiring of a light aircraft.
AGATHAR OGBORU 014351 AVIATION LAW 006-3 In application of the principles associated with the notion of Air Navigation Order [1](ANO) it is clear that Jack is liable for damages caused to the aircraft and can also be prosecuted for trespassing unto alternate aerodromes without appropriate permission. In order to accurately identify the penalty equal to such transgression, the rules of air recognised under the Air Navigation Order will be interpreted in accordance. According to the specific details concerning the flight in question, Jack hired a Cessna 172 for the weekend from the Panshanger aerodrome birthed by WWI as a ‘decoy aerodrome’,[2] located on the most eastern tip of Welwyn Garden City, Hertfordshire, England. The Cessna 172 is a light aircraft released in the mid 90’s complete with a Continental O-300/145hp air cooled single engine , a basic weight of (2,200)LBS and holds 42 gallons of fuel, 37 gallons of which is useable[3]. The recommended baggage allowance for the straight tailed, four seat aircraft is (120) LBS, for that reason it is relevant to assess the weight of the passenger and baggage at the time of take-off and whilst in flight. although the weight of both jack and his girlfriend and their newfoundland dog was imprecise it is assumed that the dog alone weighed approximately (70kg) and Jack and Mary an accumulated weight of (135) kg thus, it is
