Tort Essay.
Tort Essay Gerry, a construction worker, injures his right leg when the ladder he is using at work collapses, causing him to fall. His employer Harry accepts responsibility for the accident. Gerry is told by his doctor to take six months off work in order to recover; he also warns him that in future he will always suffer from a slight limp because of the fall. Shortly before he is due to return to work, Gerry is hit when crossing the road by a car carelessly driven by Ingrid. Gerry's limp did not contribute to the accident. Gerry's right leg is further injured, and has to be amputated. Discuss his rights against Harry and Ingrid. The issue that needs to be discussed under the tort of negligence in this situation is that of causation. This is because for both defendants a duty can be established and also a breach of that duty can be shown. With regard to Harry, he is the employer of Gerry and therefore owes him a duty of care in the workplace. Harry admits a breach of that duty and this can be shown in the problem where Harry "accepts responsibility for the accident". With regard to Ingrid, she is a driver on the road and thereby owes a duty of care to others whilst driving. There is a breach of this duty as expressed in the problem where Gerry is hit by a "car carelessly driven by Ingrid". Since both a duty and a breach can be established for both defendants
fixtures and chattels-problem questio
Word guideline: 2000 words Submission date: Thursday 16 November 2006 Hand back during week commencing: 11 December 2006 Title: Siegfried has recently sold the freehold of his house, Crown Villa to Boris. When Boris moved in yesterday he discovered that Siegfried had removed the following items: (i) a bathroom mirror with integrated lighting; (ii) a microwave oven which had been situated in an alcove in the kitchen; (iii) a free standing cupboard which had been in the utility room and (iv) A large summer house which had been adjacent to the rockery at the bottom of the garden. Advise Boris whether he can demand the return of these items. How might your advice differ if Boris had been the landlord and Siegfried the tenant of Crown Villa, and Siegfried had just vacated the property taking these items with him This question requires the discussion of what items fall within the classification of the legal definition of land This question requires the discussion of what items fall within the classification of the legal definition of land. Land Is defined in s205 (1) (ix) Law of property Act 1925 as "'Land' includes land of any tenure and mines an minerals, whether or not held apart from the surface buildings of parts of buildings (whether the division is horizontal, vertical or made in some other way) and other corporeal hereditaments, also a manor, an advowson,
The future European Union - what should it be? An integrated federal state, a free trade area, something else?
The future European Union - what should it be? An integrated federal state, a free trade area, something else? Since the first enlargement of the European Community in 1973 northward, which saw the inclusion of the United Kingdom, Ireland and Denmark, the search for "an ever closer union" has been taking place. When EC recommended on 9th October 2002 that another ten countries should join in 2004, it is believed that the integration of Eastern Europe will push the European Union towards a new level, because it will provide a larger market, which will be the only way for the EU to compete in the new global economy. However, people cannot stop wondering, what the EU should be like in the future, as the new Europe will be highly diverse in all dimensions - not only in the field of economics, but also geopolitics, and social conditions, political priorities. In this essay, it will look at the future EU, being a state with liberty, democracy and solidarity. Liberty has two meanings. To start with, in terms of The Single European Act, the chapter on the single market committed the EC to remove all internal barriers by the end of 1992, enabling the free flow of goods, services, capital and people in the member countries. There is little doubt that the internal market will become the prime focus of economic interest and activity over the next few years since it has given the EC a
Images of inequality - What evidence is there that older people are socially excluded?
A recent news article by Nicholas Timmins (2008) entitled 'Labour's drive to reduce poverty has stalled, according to study' highlighted the failure of Government policy to reduce poverty and exclusion for the elderly. Statistics show that for the first time ever there will be more pensioners in the UK than under 16's (ONS, 2008), but what are the implications of this for Britain's care system, does this mean more socially excluded pensioners, and is age a cause of social exclusion on its own? This essay will argue that age itself is not a cause of social exclusion, but contributing factors such as poor health, social back ground and poor services will increase the risk of being socially excluded. Although some older people may be excluded, one cannot say all older people are. The essay will also investigate the social position of older people in British society, how they have come to occupy this position and also the varying views of old age. The increase in older people in the future will have important implications for social care. According to Wilson et al (2008, p.616), what has been termed a 'demographic time bomb' will constitute a major problem for the provision of services, with the problem being "how to produce services that respond better to the needs of older people while being affordable at the same time." The balance between those of working age and the
Concepts of Health, Health Care And Health Promotion.
South Bank University Number: 9905890 May 2000: Group 3 Unit 6 Concepts of Health, Health Care and Health Promotion. Personal Tutor: Alma Ramanuth Word Count: 1,647 ? Concepts of Health, Health Care And Health Promotion. ? Unit 6 CONTENTS TITLE PAGE 2 CONTENTS 3 ASSIGNMENT ESSAY 4 APPENDIX 14 REFERENCE 15 BIBLIOGRAPHY 19 Word count (excluding references and charts) 1,647 "Making the healthy choice the easier choice" (Milio1986 cited in Naidoo J, Wills J. 2000: 84) Health promotion has come a long way since the 'Band of Hope' lectured young people on the "virtue of abstinence ", in the late eighteen hundreds (Naidoo J, Wills J. 2000: 72). The emphasis was on reform or damnation, after nearly a century of telling people what not to do attitudes began changing. The World Health Organisation (WHO) recommend "advocacy, enablement, and mediation " as effective methods (Baric L. 1996:129), defining modern health promotion as, "...the process of enabling people to increase control over, and to improve, their health." (Ewles L, Simnett I. 1999: 23) Nurses are ideal health promoters as they are present at significant moments in their patients' lives (DoH 1999:132); they have long been required to be competent in "advising on the promotion of health and the prevention of illness..." (Statutory
Travel as a physical impact on the Environment
ENVIRONMENTAL ISSUES Travel as a physical impact on the Environment Was written in 2007 by Hajnalka Andrea Nagy (0706338) for Professional skills (BS 1107), tutor: Miss Marie Nolan The document contains 1214 words Executive summary In this report the importance of environmental issues is highlighted in relation with the travel and transport industry. There are some external factors that influence the travel industry and it is explained how they affect the environment. It is also highlighted that being environmentally conscious will be more beneficial for businesses on a long term basis. The aim of this report is to help decision makers in the travel and transport industry in their further decisions balancing appropriately between giving priority to environmental issues and making bigger profits over spoiling the environment. The report contains gathered data of different kinds of sources from government reports, market intelligence such as Mintel and Keynote reports, to BBC publications and national statistics. On-line articles like The Independent, The Guardian, The Observer and Financial Times provided additional information for being up to date. The key findings of this report are that although there are some negative environmental effects - by the usage of old vehicles and the increasing number of flights - that the travel and transport industry inflicts; on
Should a DNA profile be taken at birth?
A DNA profile should be taken from each newborn baby. "DNA profiling (also called DNA testing, DNA typing, or genetic fingerprinting) is a technique employed by forensic scientists to assist in the identification of individuals on the basis of their respective DNA profiles."1 Within a clinical context DNA profiling has many potential human uses; immigration applications, determining adopted siblings, paternity testing and of course criminal justice. Limitations of the procedure include; it can only give statistical probable data, it is ethically wrong according to some experts, this then reliable source will be easy to plant in crime scenes and of course minorities may abuse DNA manipulation.2 DNA profiling at its current state is a tool used to gather circumstantial evidence, within the forensic and healthcare fields. Without scientific thought this process is a revelation but many ethical issues including human rights have been foreshadowed. Should a DNA profile be taken from each newborn baby? Deoxyribonucleic acid (DNA) is the cornerstone for human genic makeup, which serves as an instruction manual and blueprint for everything in your body. The process of electrophoresis is used to gather 'non coding DNA' (areas of short tandem repeats, STRs) using restricting enzymes. There are two common methods of separation and detection, capillary electrophoresis and gel
Tim Burton: An Auteur?
Tim Burton: An Auteur? 'My movies just sort of ended up being representative of the way I am' - Burton In Hollywood, where film making is a business ruled by profit and loss columns, and respect and admiration are bestowed upon film-makers by virtue of their films' box-office success. Tim Burton is considered to be a genius blessed by the Midas touch. But while his films have to date reaped nearly a billion dollars worldwide, they are as far from being slaves to common-denominator commercialism or audience demographics as Burton himself is to fully embracing the Hollywood mainstream in which he has rather uneasily existed throughout his career. Burton began as an animator at Disney and has continued to operate within the studio system ever since, though he has remained largely removed from its financial imperatives and corporate mentality. Burton's characters are generally outsiders, misunderstood and misperceived, misfits very often encumbered by some degree of duality. They operate on the fringes of their own particular society, tolerated but pretty much left to their own devices. In many ways Burton embodies that contradiction himself: he is embraced for his successes, but in all other ways Hollywood and he maintain a respectful distance from one another. Consequently his work has remained as idiosyncratic, imaginative, delightful and refreshingly inventive as his
Why did witch hunting become so intensive in late sixteenth century England?
Tessa Eaton Why did witch hunting become so intensive in late sixteenth century England? During the late sixteenth century much was blamed on magic, and those accused of it. In a biblically aware society thy believed evil had to be rooted out. "Do not allow a sorceress to live"1 Bad weather, the death of live-stock, a bad harvest or spoiled butter were many problems blamed on witches, and "cunning folk" or "wise women" were called upon to counter act such curses. There were two types of magic in these times: high magic (black magic) and low magic (white magic). Low magic was generally accepted, as it was used by the cunning folk; while high magic was a capital offence. Why then did the numbers of accused witches increase? Lotherington suggests that witch-hunts were due to the fear of women. He says witches tended to be women past childbearing2, so were of no benefit for their community, and around eighty-percent of those accused of witchcraft were women3. Paul Thomas4 agrees with Lotherington that it was mainly women who were persecuted; large numbers of women were hanged after being accused of maleficium (doing of harm to people or property) by their neighbours. Thomas says that the witch-craze was a "broyle against old women"5. Contemporary evidence supports this, for example George Gifford6, a Protestant priest from Essex, who wrote two books on witchcraft, in
How does a change in the mortality rate explain population growth in the early modern period?
Page 1 Sarah Humphreys How does a change in the mortality rate explain population growth in the early modern period? Throughout the early modern period the mortality rate varied a great deal, and was generally characterised by "dramatic short run fluctuations," low life expectancy, high infant mortality and increased quantities of deaths as a result of severe epidemic outbreaks.1 Throughout this era, Europe experienced numerous mortality crises in which the number of deaths vastly exceeded the average number of deaths. An example of this mortality crisis can be observed by looking at the parish of Os, Norway. 57 deaths was the average number of expected mortalities per non crisis year between 1669 and 1735. Os experienced 9 crises throughout this 60 year period in which the rate of deaths grew by 50%. 2 This pattern was common throughout Europe. There were three key factors that caused these great fluctuations in the amount of deaths between 1500 and 1789 and they were; epidemics, war and famine. Epidemics of the plague and diseases such as influenza, typhus, typhoid and smallpox were a principle reason behind the millions of deaths throughout Europe. Figures show the devastation caused by these epidemics; it has been claimed that during the period of 1557 to 1559 "a tenth of the English population died"3 as a result of influenza. The infamous plague ravaged
