Tuesday, August 20, 2019
Nature Vs Nurture Philosophy
Nature Vs Nurture Philosophy There is an issue that has been debated upon by philosophers in the past and still so by scientists today. This issue is whether heredity or environment plays a greater role in the determining or shaping of an individuals behavior. It is known as the nature versus nurture debate. Numerous generations before us have deliberated on the reasons behind the development of human behavior. There have been many theories formulated to explain why humans behave the way they do. The surviving theories for behavior derive from physiological and sociological explanations, however, the two explanations have not always been compatible with each other. The famous nature vs. nurture debate over human behavior resulted from conflicting views between proponents of the physiological (nature) and sociological (nurture) explanations. Throughout history, research has swayed popularity back and forth between the theories. Yet, theorists have broken down the line separating nature and nurture.* As of today, people utilize both explanations to explore human behavior. Considerably before our time, early philosophers endeavored to understand the human behavior. As early as 350 BC, such philosophers as Plato and Aristotle tried to understand behavior. *The question of nature or nurture as the primary drive can be traced to these times. Plato believed behavior and knowledge was due to innate factors. Author Fiona Cowie states, The claim that the character of our mental furniture is to a large extent internally rather than environmentally determined found its first substantive defense in the works of Plato (Cowie, ). Plato theorized that all knowledge is present at birth. Plato also believed that the environment played a part in human processes, but he thought it had a unique role. He believed the environment did not teach people anything new, but its purpose was to remind people of information they already knew (Cowie, 1999). Although Platos views are not supported today, he laid the groundwork for other researchers to follow. Alternatively, philosopher Aristotle theorized a different idea about human behavior. He presented the idea that humans are born into the world with a blank slate and peoples behavior and thoughts are due to experience (Ashcraft, 1998). Unlike Plato, Aristotle hypothesized that humans were not born with knowledge, but they acquire it through experience (Ashcraft, 1998). Aristotles idea of the tabula rasa is not believed today. Nevertheless, his belief that the environment was a vital factor in behavior influenced many empiricists throughout history. During the late 1700s, the nature vs. nurture debate began to heat up between philosophers. Internalists (nature) and empiricists (nurture) wrote literature back and forth trying to prove their beliefs and disprove the other theories. Two philosophers, G.W. Leibniz and John Locke, were the main representatives of their respected explanations. Leibniz promoted the externalism point of view. Cowie states, Leibnizs position on this issue is, of course, that the tabula is far from rasa: The soul inherently contains the sources of various notions and doctrines, which external objects merely rouse up (Cowie, 1999). Leibniz argued against Locke and other empiricists stated that there is no way ideas which come into the mind from outside can be formed into beliefs and judgments without the operation of specific internal mechanisms (Cowie, 1999). Simultaneously, John Locke and his fellow philosophers campaigned for empiricism. Like Aristotle, the philosophers believed that humans thoughts and actions were determined not by innate factors, but by their unique experiences (Ashcraft, 1998). Locke argued against the internalists by tentatively examining different human processes such as logic and reasoning. He would ask how it was possible to use logic and reasoning if people were born with all of the knowledge they would ever acquire (Cowie 1999). The contrasting views of the two groups had begun the nature vs. nurture debate, which would linger in the fields of philosophy and psychology for decades. A key point should be made that even though the literalists and empiricists felt strongly about their theories, the explanations were not entirely opposite of each other. Cowie explains, rhetoric aside, both empiricists and nativists are both internalist and externalists about the origin of what is in our minds (Cowie, 1999). Even Leibniz and Locke stated that the philosophies sometimes were only different by the choices of words they used to describe their theories. Leibniz once wrote that fundamentally their views were the same about the nature vs. nurture question (Cowie, 1999). The most recent studies that have been done on twins and adoption use both identical and fraternal twins. This consists in the studying of twins that were separated at birth and grew up in separate homes. Identical twins are 100% genetically similar and offer exact genetic replicas to study, where fraternal twins are the same as any other siblings at 50% similar (Vanderbilt). Some of the final results of these studies show astonishing similarities between identical twins, yet others show little evidence of these similarities. With fraternal twins there is some similarities but none that are complete evidence of the nature theory. These studies fuel the pot for both the nature and the nurture ideas. The nature vs. nurture debate over the last forty years has reached an agreement that they both influence the development of human behavior. In the 1960s, researchers from both theories began to study the interaction of the genes and the environment (Devlin, 1997). Dr. Ann Barnet explains, Even in an unborn baby, genes and environment interact almost from the moment of conception(Barnet, 1998). The statements of Dr. Fausto-Sterling and Dr. Evan Balaban can sum up the interaction between nature and nurture. Fausto-Sterling states, People want simple explanations for hard-core problems. If there was an anti-testosterone drug that we could to inject to make young boys niceit would be easier and cheaper than transforming schoolsor whatever is at the heart of the problem (Barnet, 1998). However, Balaban replies, dont hold your breath if you think looking for genes to help you understand violence. I would put my money on some clever environmental manipulations, because in the end youre goi ng there anyway (Barnet, 1998). The nature vs. nurture debate has produced many research advances in the area of human development. Even though evidence proves that there is an interaction between genes and the environment, people will continue to study the effects of each in development. In these future studies, I hope more groundbreaking advances will be made to aid humans in better understanding human behavior. In the end, that is what both sides of the nature vs. nurture debate intended to accomplish. Works Cited Ashcraft, M. (1998). Fundamentals of Cognition. New York, NY: Longman. Brooks, J. (2004). The process of parenting. (6th ed). Toronto, ON: McGraw-Hill. Cowie, F. (1999). Whats Within?. Oxford: Oxford University Press. Devlin, B. (1997). Intelligence, Genes, and Success. New York, NY: Copernicus. Deutschmann, Linda B. (2002). Deviance and Social Control Third Edition. Scarborough, ON: Nelson Thomson Learning. Fujita, Frank. (2000). Nature vs. Nurture. 3/15/2002 from: http://folk.uio.no/roffe/faq/node11.html Hockenbury&Hockenburry. (2003). Discovering Psychology Third Edition. New York, NY: Worth Publishers
Monday, August 19, 2019
Hemingway And nada :: essays research papers
Hemingway and "Nada" In "The light of the world" written by Ernest Hemingway Steve Ketchel, a boxer symbolizes a Jesus figure for a woman called Alice. Alice, a 350 pound, unpleasant prostitute struggles with her current life. Her central being focuses at the belief that she had a sexual relationship with Steve Ketchel. This wishful illusion arises from a complex she has because of her ugly and unpleasant appearance. Nick Adams, the main Hemingway character, believes that Alice, although she has really given up her life, still has the chance to change and live a happy life. Steven K. Hoffman would call this belief Alice has "nada". Nada is a term used in Hemingways story "A clean well lighted place". Steven K. Hoffman interpreted the word in an Essay he wrote. The word nada translated to English, basically means "nothing". But further it means much more than the simple word nothing. Nada from the point of Alice's view means that there is nothing behind of her belief. That means that her life is not based on a concrete belief. She does not believe in any religion; her religion is Ketchel. That arises from her place in society. In society she is ranked very low. A prostitute has nothing to say in our society. And since she is that low she cant set her goals higher. Her goals could be the goals Jesus talks about. Her goal in life was and still is to sleep with more and more guys. Back to nada it means that she has nothing; nothing to believe in and nothing to live for. Alice lives in an illusion. It seems that she suppresses the fact that she is a fat prostitute. How much lower can you get? She suppresses her problems with her dreams and illusions. The most important belief is that she had a sexual relationship with Ketchel. That is her main belief. For a normal American, Jesus would the most important belief. Ketchel gives her the strength to withstand her complexes. Ketchel in other words symbolizes Jesus. That is of course very sad. When comparing Jesus with Ketchel, you will not find any connecting. Ketchel is just a popular boxer among her friends and she knows nothing more of him. For her Ketchel is more than just a man to have sex with. As said, for her Ketchel is Jesus. "There was never a man like that.", said Alice. Alice did not succeed in her life. Not that it is over, but till now she did not make herself happy. She is unhappy, she is a prostitute and the most
Sunday, August 18, 2019
Parallels Between The Truman Show and Platos Allegory of the Cave Essa
Parallels Between The Truman Show and Plato's Allegory of the Cave The movie, 'The Truman Show' is about a reality television show that has been created to document the life of a man who, adopted at birth by a television network, is tricked into believing that his life, his reality, is normal and the environment that he lives is real. It is set in a town called Seahaven, which is essentially a simulation of the real world similar enough to the outside world that the viewing audience can relate to it. The town is a television studio inside an enormous dome in which the weather, the sun, the sky, and all the actions of the citizens are directed by a team of special effects people. The entire show is directed and produced by the creator of the show, Christof. Truman Burbank, the star of the show, is the only one who doesn't know that he lives in a giant studio and is surrounded by an illusion of reality. The entire world watches Truman's movements twenty four hours a day, seven days a week through the use of thousands of miniature hidden cameras. The Truman Show closely parallels Plato's Allegory of the Cave. Initially, Truman is trapped in his own 'cave'; a film set or fictional island known as Seahaven. Truman?s journey or ascension into the real world and into knowledge is similar to that of Plato?s cave dweller. Truman, much like the prisoners in the cave, would know no difference then what they have been taught or shown to be the real world their whole lives. If T...
Saturday, August 17, 2019
Night World : The Chosen Chapter 1
It happened at Rashel's birthday party, the day she turned five years old. ââ¬Å"Can we go in the tubes?â⬠She was having her birthday at a carnival and it had the biggest climbing structure of tubes and slides she had ever seen. Her mother smiled. ââ¬Å"Okay, kitten, but take care of Timmy. He's not as fast as you are.â⬠They were the last words her mother ever said to her. Rashel didn't have to be told, though. She always took care of Timmy: he was a whole month younger than she was, and he wasn't even going to kindergarten next year. He had silky black hair, blue eyes, and a very sweet smile. Rashel had dark hair, too, but her eyes were green-green as emeralds, Mommy always said. Green as a cat's. As they climbed through the tubes she kept glancing back at him, and when they got to a long row of vinyl-padded stairs-slippery and easy to slide off of-she held out a hand to help him up. Timmy beamed at her, his tilted blue eyes shining with adoration. When they had both crawled to the top of the stairs, Rashel let go of his hand. She was heading toward the spider web, a big room made entirely of rope and net. Every so often she glanced through a fish-bowl window in one of the tubes and saw her mother waving at her from below. But then another mother came to talk to hers and Rashel stopped looking out. Parents never seemed to be able to talk and wave at the same time. She concentrated on getting through the tubes, which smelled like plastic with a hint of old socks. She pretended she was a rabbit in a tunnel. And she kept an eye on Timmy-until they got to the base of the spider web. It was far in the back of the climbing structure. There were no other kids around, big or little, and almost no noise. A white rope with knots at regular intervals stretched above Rashel, higher and higher, leading to the web itself. ââ¬Å"Okay, you stay here, and I'll go up and see how you do it,â⬠she said to Timmy. This was a sort of fib. The truth was that she didn't think Timmy could make it, and if she waited for him, neither of them would get up. ââ¬Å"No, I don't want you to go without me,â⬠Timmy said. There was a touch of anxiety in his voice. ââ¬Å"It's oilly going to take a second,â⬠Rashel said. She knew what he was afraid of, and she added, ââ¬Å"No big kids are going to come and push you.â⬠Timmy still looked doubtful. Rashel said thoughtfully, ââ¬Å"Don't you want ice cream cake when we get back to my house?â⬠It wasn't even a veiled threat. Timmy looked confused, then sighed heavily and nodded. ââ¬Å"Okay. I'll wait.â⬠And those were the last words Rashel heard him say. She climbed the rope. It was even harder than she'd thought it would be, but when she got to the top it was wonderful. The whole world was a squiggly moving mass of netting. She had to hang on with both hands to keep her balance and try to curl her feet around the rough quivering lengths of cable. She could feel the air and sunlight. She laughed with exhilaration and bounced, looking at the colored plastic tubes all around her. When she looked back down for Timmy, he was gone. Rashel's stomach tensed. He had to be there. He'd promised to wait. But he wasn't. She could see the entire padded room below the spider web from here, and it was empty. Okay, he must have gone back through the tubes. Rashel made her way, staggering and swaying, from one handhold to another until she got to the rope. Then she climbed down quickly and stuck her head in a tube, blinking in the dimness. ââ¬Å"Timmy?â⬠Her voice was a muffled echo. There was no answer and what she could see of the tube was empty. ââ¬Å"Timmy!â⬠Rashel was getting a very bad feeling in her stomach. In her head, she kept hearing her mother say, Take care of Timmy. But she hadn't taken care of him. And he could be anywhere by now, lost in the giant structure, maybe crying, maybe getting shoved around by big kids. Maybe even going to tell her mother. That was when she saw the gap in the padded room. It was just big enough for a four-year-old or a very slim five-year-old to get through. A space between two cushiony walls that led to the outside. And Rashel knew immediately that it was where Timmy had gone. It was like him to take the quickest way out. He was probably on his way to her mother right now. Rashel was a very slim five-year-old. She wiggled through the gap, only sticking once. Then she was outside, breathless in the dusty shade. She was about to head toward the front of the climbing structure when she noticed the tent flap fluttering. The tent was made of shiny vinyl and its red and yellow stripes were much brighter than the plastic tubes. The loose flap moved in the breeze and Rashel saw that anyone could just lift it and walk inside. Timmy wouldn't have gone in there, she thought. It wouldn't be like him at all. But somehow Rashel had an odd feeling. She stared at the flap, hesitating, smelling dust and popcorn in the air. I'm brave, she told herself, and sidled forward. She pushed on the tent beside the flap to widen the gap, and she stretched her neck and peered inside. It was too dark to see anything, but the smell of popcorn was stronger. Rashel moved farther and farther until she was actually in the tent. And then her eyes adjusted and she realized that she wasn't alone. There was a tall man in the tent. He was wearing a long light-colored trench coat, even though it was warm outside. He didn't seem to notice Rashel because he had something in his arms, and his head was bent down to it, and he was doing something to it. And then Rashel saw what he was doing and she knew that the grown-ups had lied when they said ogres and monsters and the things in fairy-tale books weren't real. Because the tall man had Timmy, and he was eating him.
Aspect of Contract & Negligence in Business Essay
The aim of this brief article is to set out some key aspects of contract and the tort of negligence using the following headings: â⬠¢The relationship between the parties â⬠¢The nature of the obligation â⬠¢Causation and remoteness of damage â⬠¢The measure of damages. Using the same headings should remind you of the key aspects of each of the two areas in such a way that you are less likely to confuse them. (The words ââ¬Ëcontractââ¬â¢ and ââ¬Ënegligenceââ¬â¢ are deliberately repeated in each heading so that you get into the habit of distinguishing between the rules for each area, rather than having a general set of notes on, say, remoteness of damage, which confuses material from both areas.) KEY ASPECTS OF THE LAW OF CONTRACT Contract ââ¬â the relationship between the parties A contract is a legally binding agreement formed by the mutual consent of the parties. The parties may be known to each other, as with a client and an accountant, or they may be strangers, as with a software company and a person who downloads and installs the software. In either case, there is a clear relationship between the parties and this relationship is both formed and governed by the contract. (The rules governing the formation and content of contracts are set out in syllabus areas B1 and B2 of Paper F4 (ENG) syllabus.) Contract ââ¬â the nature of the obligation In a contractual relationship, the nature of the obligation is determined by the terms of the contract. By entering into the contract, the parties agree to accept the resulting obligations. That is not to say that there is complete freedom of contract, since certain contractual terms may be restricted by statute ââ¬â for example, under the Unfair Contract Terms Act 1977. Nevertheless, in order for a contract to be binding, the parties must intend to create legal relations and their contractual obligations are based on mutual consent. Contract ââ¬â causation and remoteness of damage This issue concerns the extent of the defendantââ¬â¢s liability for the chain of events set in motion by the breach of contract. The leading case is Hadley v Baxendale (1854) in which the defendant was contracted to transport a broken mill shaft from the claimantââ¬â¢s mill to the repairers. The defendant was late in delivering the shaft and the mill was idle for a longer period as a result. The claimant sought damages for loss of profits during the delay. The court found for the defendant, setting out a two-stage test for remoteness of damage. In order to be recoverable, the loss must be: â⬠¢either a normal result of the breach, or â⬠¢one which, at the time of the contract, both parties would have contemplated as a probable result. Here, given how important a drive shaft was to a mill, neither test was satisfied, since it was reasonable to expect that the mill would have a spare shaft. Another useful case here is Victoria Laundry v Newham Industries (1949). Here, the defendantââ¬â¢s delay caused the defendant loss of profit, including the loss of an unusually lucrative contract. The defendant was liable for normal loss of profit under the first limb of the Hadley test, but not for the loss from that particular contract. He would only have been liable for that had he known about it when the contract was formed. Contract ââ¬â the measure of damages The remedies available for breach of contract include the common law remedies of damages, action for the price and quantum meruit, as well as the equitable remedies of injunction and specific performance. Remember that a breach of contract is a breach of a legal obligation, so the aim of the remedies is to put the claimant in the position that they would have been had the defendant fulfilled the obligation. This means putting the claimant in the position that they would have been in had the contract been performed. In relation to damages, this may be divided into expectation lossà (benefits that might have been gained from the performance of the contract) and reliance loss (expenses incurred by the claimant in his side of the contract). The conduct of the claimant may also affect the amount of damages payable, since the claimant is under an obligation to take reasonable measures to mitigate the loss, as in Payzu v Saunders (1919). For example, if the buyer refuses to accept or pay for the goods, the seller must recover what they can by selling the goods to a third party. The damages will be the difference between the contract price and the amount that the seller receives. If the seller receives the contract price or higher from a third party, only nominal damages will be claimable. A claimant who does not attempt to mitigate their loss may have their damages reduced by the amount by which they could have done so. It is for the defendant to prove that the claimant failed to mitigate the loss. We will now use the same headings in relation to the tort of negligence. KEY ASPECTS OF THE TORT OF NEGLIGENCE Negligence ââ¬â the relationship between the parties Negligence cases are based on a non-contractual relationship between the parties. The parties may be known to each other, as with a surgeon and a patient, or they may be strangers, as with two drivers involved in a road traffic accident. Due to the lack of any agreed relationship between the parties, the first question that arises in the case of negligence is that of whether any relationship exists between them at all. If one party is to be held liable to another in negligence, the relationship that must first be established is that of a duty of care. Exam answers often state as a learned fact that liability in negligence is non-contractual, but it is worth spending a little longer thinking about what it actually means. As a future accountant, you may find it helpful to relate this point to professional negligence cases since these illustrate the extent to which an accountant may be held liable in relationships where there may be no contractual obligation. A useful case in this respect is Caparo Industries plc v Dickman (1990). Here, the claimants were shareholders in a company and the defendants were the companyââ¬â¢s auditors. The claimants relied on the audited accounts and purchased more shares with a view to making a takeover bid. Having taken over the company, the claimants discovered that the company had in fact made a à £400,000 loss rather than the à £1.2m profit shown by the financial statements. The House of Lords held that the requirements for a duty of care to exist were as follows: â⬠¢the harm must be reasonably foreseeable â⬠¢there must be proximity between the claimant and the defendant â⬠¢it must be just, fair and reasonable to impose a duty of care on the defendant. Note that foreseeability at this stage in the context of negligence is used to establish whether there is any relationship between the parties; this is not necessary at this stage in contract since the contract itself establishes that there is a relationship. (We will consider foreseeability again in relation to remoteness of damage, which is discussed below.) In Caparo, the contract was between the company and the auditors. The individual shareholders did not have a contract with the auditors. The question was whether the auditors owed a duty of care to the shareholders. The House of Lords held that the auditors owed a duty to the shareholders as a body, but that they did not owe a duty to potential investors or to existing shareholders who planned to increase their shareholding. The defendants were therefore not liable. Caparo is one of a number of cases considering professional negligence. (This is covered by syllabus area B5 of Paper F4 (ENG).) A key theme running through these cases is the existence of the so-called ââ¬Ëspecial relationshipââ¬â¢. This was first established in Hedley Byrne & Co Ltd v Heller and Partners (1963). Bear in mind that the question of a special relationship is likely to be relevant where the claimant does not have a contractual relationship with the professional providing the advice. In Hedley Byrne itself, the claimant provided services on credit to a client. It did so on the basis of a credit reference given by the defendant, the clientââ¬â¢s bank. Note that there was a contract between the claimant and the client and a contract between the client and the bank, but no contract between the claimant and the bank. The defendant was able to avoid liability by relying on an exclusion clause contained in the credit reference. However, had the clause not been present, the defendant would have been liable because it had used its special skill to provide a statement to the claimant in the knowledge that the claimant would rely on this. Other cases that you may find helpful to consider in this context are as follows: â⬠¢JEB Fasteners Ltd v Marks, Bloom & Co (1982) â⬠¢Morgan Crucible v Hill Samuel Bank Ltd (1991) â⬠¢James McNaghten Paper Group Ltd v Hicks Anderson & Co (1991) â⬠¢ADT v BDO Binder Hamlyn (1995) â⬠¢NRG v Bacon & Woodrow and Ernst & Young (1996) In each case, identify any contractual relationships between the various parties involved and the nature of the relationship between the claimant and the defendant. Negligence ââ¬â the nature of the obligation In relation to negligence, the nature of the obligation is not agreed between the parties but rather is imposed by operation of law. For example, a road user will owe a duty of care to other road users and a manufacturer will owe a duty of care to the final consumers of its products. Once a duty of care has been held to exist, the defendantââ¬â¢s actions are judged by the standard of the reasonable man in the defendantââ¬â¢s position:Blyth v Birmingham Water Works (1856). The standard of care for professionals is of the reasonable professional having or holding himself out as having the skill or ability in question. Learners and the inexperienced will also be judged against the standards of the fully-qualified. Negligence ââ¬â causation and remoteness of damage In relation to negligence, issues of causation and remoteness tend to beà considered separately. The key test for causation is known as the ââ¬Ëbut forââ¬â¢ test, which basically asks whether the loss would have been sustained ââ¬Ëbut forââ¬â¢ the defendantââ¬â¢s negligence. The leading case here is Barnett v Chelsea and Kensington HMC (1969). The claimant arrived at the hospital emergency department complaining of stomach pains. He was sent home without being examined and subsequently died. Even though the doctor owed the patient a duty of care and had breached the duty, the breach of duty had not caused the patientââ¬â¢s death, since the poisoning was so advanced by the time the patient arrived at the hospital that he could not have been saved even with prompt treatment. The defendant was therefore not liable. The key test for remoteness in negligence is one of foreseeability. In The Wagon Mound (1961), the defendants negligently allowed oil to spill into Sydney Harbour. The claimants were welding, but ceased doing so on seeing the oil. Having been advised that the sparks would not ignite oil lying on the surface of the water, they resumed work. Sparks ignited debris lying on the surface of the oil, which in turn ignited and damaged the claimantsââ¬â¢ wharf. It was held that the defendants were not liable since the only foreseeable damage was pollution rather than fire. By contrast, in Jolley v London Borough of Sutton (2000), a local authority failed to remove an abandoned boat for two years. A 14 year-old was seriously injured when he tried to jack up the boat in order to repair it. The authority was found liable since it knew that children regularly played on the boat, so it was foreseeable that a child would be injured. It did not matter that the precise nature of the injury could n ot be foreseen. The cases may appear to conflict, since The Wagon Mound focuses on foreseeability of the type of damage whereas Jolley v Sutton focuses on foreseeability of some harm. There are a number of cases in this area and they are not always easy to reconcile. For the purposes of Paper F4, the key point to remember is that the test for remoteness in the tort of negligence is based on foreseeability of harm. You should be prepared to illustrate this point with examples. Note that the law of negligence considers foreseeability twice: once in relation to duty of care and again in relation to remoteness. Remember that, if there is no duty of care, the question of remoteness does not arise. Caparo v Dickman is a useful illustration of this: it might be foreseeable that existing shareholders would rely on an audit report in deciding whether to increase their shareholding. Nevertheless, the auditor did not owe a duty of care to potential investors. This was based on other aspects of the duty test: proximity and the question of whether it was fair, just and reasonable to impose a duty. Negligence ââ¬â the measure of damages As with contract, once liability in negligence has been established, the next point to consider is that of remedies and the aim of the remedies is to put the claimant in the position that he would have been in had the breach of obligations not taken place. For negligence, the aim is therefore to put the claimant in the position that they would have been had the tort not been committed. Again, as with contract, the damages payable may also be reduced because of the claimantââ¬â¢s conduct. In negligence, this may be due to the partial defence of contributory negligence. This happens in cases where, even though the defendant was at fault, the claimant contributed to their own loss. Where this happens, the claimantââ¬â¢s damages are reduced by the percentage to which the claimant is held to be at fault. The leading case here is Sayers v Harlow UDC (1958) where the claimant was trapped in a public toilet due to a defective lock. She was injured when trying to climb out and it was held that she had contributed to her own injuries. It is for the defendant to prove that the claimant was contributorily negligent. CONCLUSION Contract and the tort of negligence arise in separate questions on Paper F4, so you will not be asked to compare and contrast them. The aim of this article is to identify some key similarities and differences so that you are less likely to confuse these two areas. Your aim for the exam should be to be able to explain these key aspects of contract and negligence without confusing them. You may find that the following table acts as a useful revision aid: Contractual LiabilityLiability in negligence Relationship between the partiesThe relationship is created and governed by the contract. The parties enter the relationship by mutual consent.The relationship is non-contractual and is imposed by law. The defendant must owe the claimant a duty of care. Nature of obligationThe parties must comply with the terms of the contract.The defendant must act according to the standard of care expected of the reasonable man or the reasonable professional. Causation and remotenessIf the loss is a normal result of the breach, the defendant will be liable; if the loss is not a normal result of the breach, the defendant will only be liable if they knew of the unusual circumstances.The defendantââ¬â¢s negligence must cause the claimantââ¬â¢s loss and the loss must have been a foreseeable consequence of the breach of duty. Measure of damagesThe aim is to compensate the claimant by putting them in the position that they would have been had the contract been performed.The aim is to compensate the claimant by putting them in the position that they would have been had the negligence not taken place. Possible reduction of damagesDamages may be reduced by the amount that could have been mitigated if the claimant fails to take reasonable action to mitigate the loss.Damages may be reduced by the relevant percentage if the claimantââ¬â¢s conduct contributed to the loss.
Friday, August 16, 2019
Five Teachings Of Jesus
The five of the teachi8ngs of Jesus are the following: Be Merciful (Luke 6:36, Matthew 5:7, Forgiveness (Luke6: 37), Seek Goodness (Luke 6:45), Respect Others (Luke 14:11), and Be Kind (Luke 6:31). Be Merciful (Luke 6:31). ââ¬Å"Be merciful just as your father is merciful.â⬠(Matthew 5:7): ââ¬Å"Happy are those who are merciful to others; God will be merciful to them.â⬠The passage s teaches us mainly about being merciful to our enemy and God will be merciful toward us. Forgiveness of kind especially toward our enemy. We should not harm others even if they done bad things against us. We should show compassion towards others because if we donââ¬â¢t people might not show compassion towards us. The passage told us that Jesus is merciful even towards his enemies. Perfect example of this is forgiving Jususââ¬â¢ enemy when he was put on the cross. Jesus even prayed for them to not punish them. Forgiveness (Luke 6:37): ââ¬Å" Do not judge others, and God will not judge you; do not condemn others, and God will not condemn you; forgive others and God will forgive you.â⬠The passage teaches us that we should forgive others and we will be forgiven. We should treat others, as we want to be treated. Jesus never judged or condemned others no matter what they did to him. Seek Goodness (Luke 6:45): ââ¬Å"a good person brings good out of the treasure of good things in his heart; a bad person brings bad out of his treasure of bad things. For mouth speaks what the heart is full of.â⬠The passage teaches us mainly about looking for the good in all, not for evil. We should look for positive thought in all, not for negative thoughts. Jesus always seeks goodness in all of us. Respect Others (Luke 14:11): ââ¬Å"For everyone who makes himself great will be humbled, and everyone who humbles himself will be great.â⬠The passage teaches us mainly about helping others if they need help. The people who you help will be thankful to you. Jesus became humble because he earned it by helping people who need help, even his enemy. Be Kind (Luke 6:31): ââ¬Å"Do for others just what you want them to do for you.â⬠The passage is mainly about respecting others especially he elders. Respect others, as you want to be respected. Jesus is respectful toward his family, elders, and enemy.
Thursday, August 15, 2019
Blind People
Blind cane Our s-cane will have several unique features that will outstand and give our product a chance to compete with the other existence cane out there in the market. 2. 3. 1 Unique features * Build in Global Positioning System (GPS) that will help in navigating the blind person to the place that he or she wishes to go to. * Earphone provided to aid the blind person in hearing commands given to them by the s-cane. * Build in ultrasonic sensor that will help in identifying obstacles ahead to prevent the blind person from hitting or misjudge the path that they are walking into. Retractable front end tip of the cane that will help the blind person in keeping their s-cane safe in their bag or even their pocket. * The s-cane also has a build in radio that can provide some entertainment to the blind person. At the moment there are no smart cane on the market yet, but there are several researches and also some prototype that has been developed by other countries on this smart cane. 2. 6 Opportunities for the expansion of the product.There will be some possibilities that this s-cane will be expanding on the market and will probably receive a high in demand on the market especially when we were able to market this product at a reasonable and affordable price. We are hoping that our product can be used widely by the blind person all over the world and will have a positive impact on the daily life of a blind person. Although it is a new product but, the function and also the unique features embedded in the s-cane will contributes a lot in aiding the blind personââ¬â¢s daily routine in either going to work, walking down the street or even walking their children to school.To increase the chances of having a higher opportunities in expanding this product, we were also thinking of collaborating with other big company out there such as Samsung, LG, Philips ad much more. This will help a lot to our product in expanding its new invention to the people out there that have never heard of it before. People as we know will go for a known brand as compared to those new developed brand out there. So, by collaborating our s-cane product with the company out there we will be able to market the s-cane more widely and much more easily.
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