Choc Delux Liability Under the Tort of Negligence Free Essay Example, 1000 words

According to English law for tort of negligence, claimant (Kim) needs to prove number decision points to help the court to find evidences of negligence showed by Choc Delux. Decision Point 1: In order to prove evidence of negligence, Claimant (Kim) will need to show that defendant (Choc Delux) owed the duty of care towards claimant (Harlow, 2005). In similar context, the case of ‘Donoghue versus Stevenson’ can be used as reference point. In that case, House of Lords gave verdict that in case of generally duty being assumed by Claimant, evidence of negligence cannot be proved. However, in this case, Claimant (Kim) is customer defendant (Choc Delux) and defendant gifted the cake to Claimant. Therefore, Choc Delux owed the duty of care towards Kim. Decision Point 2: After showing that Choc Delux owed her duty of care, Claimant (Kim) needs to prove that defendant (Choc Delux) is at fault or the defendant (Choc Delux) has breached its duty of care. In such context, first, the courts determine the standard of care that Choc Delux owed to Kim. We will write a custom essay sample on Choc Delux: Liability Under the Tort of Negligence or any topic specifically for you Only $17.96 $11.86/pageorder now Although, there is no written contract between Claimants (Kim) is customer defendant (Choc Delux) but breach of duty can be proved the court by using the clause of business ethics and quality standards (Marcy, Gentry and McKinnon, 2008). As a result, it is reasonable to think that the court will find evidence for breach of duty of care by defendant (Choc Delux). Decision Point 3: At this phase, Claimant (Kim) needs show that breach of duty by defendant (Choc Delux) caused the damage (physical injury and monetary expense of  £10,000). The court will use ‘but-for’ test to determine the validity of claim by the Claimant (Kim) (Harlow, 2005). Court will ask the question, â€Å"but for the Choc Delux’s (defendant)’ tort, would Kim (Claimant) have suffered the loss. In such case, Kim can use the doctor’s diagnosis, medical reports to show that damage was caused by the defendant (Choc Delux). In extreme case, chemical tests can be conducted to show that ‘false finger nail’ was part of the wedding cake when it was delivered by defendant (Choc Delux). Decision Point 4: finally, damage suffered by Claimant (Kim) must be part of the damage that can be recovered under English law for tort of negligence. Kim’s case is not loss of chance to avoid damage (physical injury and monetary expense of  £10,000). Therefore, it will not be difficult for Kim to pass the 4th decision point (Lewis, Morris and Oliphant, 2006). All the four decision points are in favour of Claimant (Kim) and these criteria can be fulfilled by Kim in the court.

Background Information On Healing Hearts Essay - 2123 Words

Background Information on Healing Hearts †¢ Healing Hearts is a program set up to help foster kids deal with their grief and the other â€Å"big† emotions that accompany being in foster care. Julie Walls founded Healing Hearts nine years ago. I worked with the preteen group with ages from seven to twelve, but Healing Hearts also caters to teens, and the foster parents. Volunteers staff all of Healing Hearts. In the preteen group we have six volunteers in total. Healing Hearts is held in an old bank building in Newport News, our group meets on the 6th floor of this building in a conference room. As a volunteer, I was responsible for helping conduct the art projects that were used to help the kids express their feelings. I was also expected to monitor the Volcano room, a room where the kids were allowed to play with various toys such as, balls, jump ropes, a mini trampoline, bubble balls, and a giant stuffed man named Max, that they could beat up. I was there to help the kids find a safe way to get their feelings out. Contextual Information †¢ I chose to do the service project because I love volunteering. When I was younger, I volunteered many places including a camp counselor for 5 years. Volunteering is a great way to help your community. It provides you with a valuable experience that is hard to find anywhere else, because you get to meet great and inspiring people within your community, while also being a helping hand to someone else. Volunteering helps shape young individualsShow MoreRelatedCardiovascular Diseases And Strokes And The Filipino Community1268 Words   |  6 Pagesfolk style healing than professional medical treatment (Filipino Traditional Healing, 2012). The diet of those in the Filipino culture are unhealthy to say the least. With these two factors in consideration, the Filipino-American people are at risk for cardiovascular diseases and strokes. 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The Department Of Social Security Economics Essay free essay sample

Social Security reaches about every household, and at some point will touch the lives of about all Americans. Social Security helps non merely older Americans, but besides workers who become handicapped and households in which a partner or parent dies. Today, 55 million people receive monthly Social Security benefits. Most of our donees and retire and their households about 38 million people. Social Security replaces approximately 40 % of an mean pay eamer s income after retiring. ( B. ) For the physicians who treat the state s 47 million patients, the countdown to 2013 brings them of all time closer to a astonishing 29 % wage cut slated for the New York. Current federal jurisprudence requires that Medicare reimbursement rates be adjusted yearly to maintain disbursement in line with GDP growing. But Medicare disbursement has typically outpaced economic growing, so the jurisprudence Requires rates to be cut every twelvemonth to maintain Medicare financially sound. Congress has blocked these cuts from go oning more than two twelve times over the past decennary, go throughing what s known in Washington as the physician hole . We will write a custom essay sample on The Department Of Social Security Economics Essay or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Lawgivers could publish such a redress once more this clip. But each clip they stall the cut, it gets bigger for the following twelvemonth. On Jan. 1, doctors face a 26.5 % cut in reimbursement rates. ( a. ) People who go into societal work normally have an involvement in the public assistance of others, every bit good as a desire to assist people in need.Social workers help their clients go more functional members of society by working to better their relationships and personal and household jobs. They work with clients confronting everything from unequal lodging to unemployment to a serious unwellness, Addiction or disablement. Social workers besides help people who have domestic jobs like kid or spousal abuse. Most societal workers have a forte. ( B. ) The minimal rewards is a load on concern, but there are so many grounds why the lower limit pay is critical to employees and should non be lowered First, the cost of life additions every twelvemonth. Finally, workers who do nt experience like they are well-compensated likely do nt work every bit difficult as those who are happy with their rewards. The lone result I can see from take downing the lower limit pay is the imploding of the American work force, and anyone who wants that to go on would likely back up Shain from Buckwild in a command for presidential term. That, for anyone who is diffident, is non All right. The current federal lower limit pay is $ 7.25 an hr, which for person who works 40 hours every hebdomad, translates into $ 15,080 a twelvemonth ( before revenue enhancements ) . Harmonizing to city-data.com s information on Manhattan, Kansas, the average gross rent in Manhattan was $ 712 a month in 2009, which turns into approximately $ 8,500 a twelvemonth. ( 3. ) Four adept informant from not-for-profits talking to the House inadvertence and authorities reform commission sketched out 100s of concrete proposals for call offing plans continue to spar over whether a new budget trade can be struck to head off segregation, the recommendations offered we present as long-run and non as a solution to the immediate financial deadlock. ( 4. ) The State Department declined to notice due to the on-going nature of the treatments with Congress. A beginning with cognition of the concluding linguistic communication sent to congress said that the alterations are really similar to what had been outlined in versions listed in the Federal Register beging public remark. The proposed alterations to category 8 that were published in November 2011 were intended to assist do the division between commercial merchandises and military merchandises clearer, harmonizing to the justification included with the proposal. ( 5. ) Social Security benefits employees may hold earned on the side or may be due from a partner. There are two commissariats in Social Security jurisprudence that may potentially impact employees due to have a pension from a occupation non covered by Social Security. The first is the windfall riddance proviso, which by and large reduces a public employee s ain Social Security retirement benefit. The 2nd is the authorities pension beginning, which impacts any Social Security spousal benefits employees might be due from a married woman or hubby s Social Security record. Employees may be affected by one or both of these Torahs. ( 6. ) Consumers cost of populating depends on the monetary values of the many goods and services they consume and the portion of each good or service in the family budget. To mensurate the mean consumer s cost of life, authorities bureaus conduct family study to place a basket of normally purchased points and so track the cost of buying this basket over clip. The cost of this basket at a given clip expressed comparative to a basal twelvemonth is the consumer monetary value index ( CPI ) , and the per centum alteration in the CPI over a certain period is consumer monetary value rising prices, the most widely used step of rising prices. ( 7. ) The authorities is frightened to foretell how many Bulgarians will travel here because the old disposal grossly underestimated the figure in 2004. It predicate fewer than 20,000 eastern Europeans would get but offics for National Statistics figures show more than 600,000 were working in Britain last twelvemonth. No affair who runs our constabulary forces, Britain will be unable to halt the tidal inundation of new immigrants because the authorities s custodies are tied and it can non halt limitations being lifted without rupturing up the pact signed with Bulgaria and Romania when they joined the EU in 2007. ( 8. ) The one-year unemployment norm during Reagan s presidential term was the highest of all station WWII presidents. The section of Unemployment Assistance ( DUA ) while others need to be taken by you as a claimant. In general, it takes about 3weeks to treat a claim: nevertheless, you will still necessitate to claim benefits every hebdomad. Once the finding is made, and if you are eligible, you will acquire retroactive cheques for the hebdomads that you antecedently claimed.. Once the pay and separation signifiers are returned and processed, DUA calculates your benefit entitlement and sends you a Benefit Determination Form detailing the sum and continuance of possible benefits ( 9. ) Traditionally, food-stamp plan participants were capable to an plus trial families with a sum of more than a few thousand dollars of assets in their bank histories, cars and other assets were non eligible even if income was zero. In this manner, nutrient casts had a batch in common with Medicaid and other antipoverty plans. The public assistance reform of the ninetiess besides required able-bodied grownup food-stamp receivers, without kids, to be working or enrolled in a job-training plan, or their eligibility would be limited to a few months.For these two grounds, the food-stamp plan had small in common with unemployment insurance, which offers hebdomadal hard currency benefits to people who have lost their occupations and have been unable to happen and get down a new occupation. ( 10. ) Indicate 49 % of Americans predict the president and Republicans in Congress will non make an understanding to forestall the automatic disbursement cuts and revenue enhancement additions that would kick in at the terminal of the twelvemonth, with four in 10 stating a trade will be reached. Last twelvemonth Congress and President Barack Obama agreed to a plan to cut down the federal shortage that some people refer to as the financial drop. Unless Congress and the President make an understanding before January 1, revenue enhancement rates will automatically lift following twelvemonth for about all Americans and major disbursement cuts will automatically get down to kick in for most authorities disbursement plans, including military plans. A 2nd national canvass indicates more Americans would fault Congressional Republicans than President if dialogues to maintain the state from falling off the financial drop fail. Assignment # 1 ( 4. ) Exchange rates are determined by supply and demand. For illustration, if there was greater demand for American goods so there would be given to be an grasp of the dollar. If markets were worried about the hereafter of the US economic system, they would be given to sell dollars, taking to a autumn in the value of the dollar. Notes: Appreciation=increase in value of exchange rate. Depreciation/devalution=decrease in value of exchange rate. Main Factors that Influence Exchange Rates/Fears Inflation Interest Ratess Guess Change in Competitiveness Active strength of other currencies. Balance of Payments Government Debt. ( 5. ) The concern rhythm is the periodic but irregular up-and-down motions in economic activity, measured by fluctuations in existent GDP and other macroeconomic variables. If you are looking for information on how assorted economic indexs and their relationship to the concern rhythm. A concern rhythm is non are regular, predictable, or reiterating things like the swing of the pendulum of a clock. A concern rhythm is identified as a sequence of 4 stages: Contraction The lower turning point of a BC ( concern rhythm ) Expansion Extremum ( 2. ) Congress and the presidence are now caring toward a budgetary precipice of their ain devising. They do need to move fleetly but non hurriedly, nor should they overreach. Lawgivers ought to take attention of the undertaking at the undertaking at manus, concentrating entirely on stabilising the immediate state of affairs and squandered most of 2012 with posturing and hold. Congress should move but remain focused: forestall the measure defence cuts and immense revenue enhancement hikings hanging over the state and set up a stable foundation for tracking the much bigger financial challenges in front through the regular order of responsible, systematic budgeting. Policy decision: stabilise the econ through financial policy. If economic system is in recession, govt. should prosecute in Expansionary Fiscal Policy addition govt. disbursement and/or cut down revenue enhancements, increase budget shortage. G gt ; T ( disbursement is greater than revenue enhancement gross ) , so the go vt. has to borrow money from persons, concerns or aliens. ( 7. ) As production additions, the monetary value degree of the merchandise in ultimately settees at a new equilibrium point and both consumers and manufacturers are content. When goods compete, these signals determine which productsurvives , as with VHS/Betamax and HD-DVD/Blu-ray. The more to a great extent demanded good acquires more market portion unit it is unprofitable to fabricate the less to a great extent demanded good and ultimately it is phased out. Production is pursued in a mode which ensures the least waste and maximizes efficiency, as to therefore maximize net income. The consumers, those for whom the goods are produced, are catered to by the manufacturers, and are by and large anyone who has goods/currency to exchange for the merchandises they desire. i? Y=E=O This means that the outgo of purchasers ( family ) becomes income for Sellerss. The houses so spend this income on factors of production such as labour, capital and natural stuffs, reassigning their income to the factor proprietors. ( 9. ) The Federal Reserve has assumed sweeping new powers in the last twelvemonth. In an unprecedented move in March 2008, the New York Fed advanced the financess for JP Morgan Chase Bank to purchase investing bank Bear Steams for pennies on the dollar. The trade was peculiarly controversial. Some people think that the Federal Reserve Banks are United States Government establishments. They are private monolies which prey upon the people of these United States for the benefit of themselves and their foreign clients ; foreign and domestic speculators and rich and marauding money loaners. If the Fed s money comes finally from the taxpayers, that means we the taxpayers are paying involvement to the Bankss on the Bankss ain reserve-reserve maintained for their ain private net income. These progressively controversial invasions on the public bag. Entree to our markets must be hence conditioned on a strategic analysis of our ain national demands first and first. As things stand, we have handed our crowned head rights to our domestic markets to international organic structures like the World Trade Organization and are committed to black one-way free trade understandings such as NAFTA, CAFTA and the KORUS FTA. We are in a dramatically different place from emerging low-wage markets. They have everything to derive, and we have everything to lose. Our policies should carefully protect our wealth and resources instead than merely supply the lowest consumer cost regardless of the impact on our industries and our workers.

Leadership Essays - Oaths, Scout Promise, , Term Papers

Leadership Leadership has always been a key to my success in life. In todays business world, effective leadership at all levels is required. I use the same concepts in leading my family, as I do in my business and church. Leadership does make a difference. For example, my daughter is required to take a leadership class at the freshman level of high school. It is my desire that through this course I will be able to use the research findings about leadership to improve my own leadership style. In this paper, I wish to discuss the concepts of anti-dieting, the four dimensions of Steven Covey, and Dressing for success. Part of my five-year goal is to become disciplined in the management of my physical body. I realize that with out good physical health, todays leaders can not stand up to the challenges of corporate life. I have learned that weight does not matter, but the amount of body fat is what counts. I currently am not disciplined in this area. I am convinced that by lowering the amount of fat and increasing the lean muscle mass of my body will help make me a better leader in todays corporate world. I must eat strategically to boost my business stamina, creativity, and productivity. Currently I do not eat strategically. I do not make time for a small, nutritious breakfast each day. I have learned to better myself I must do this every day. Eating small meals like an apple every two hours or so throughout the day to keep my energy up. I plan to tap into my bodys survival instincts and force it to realize that it does not need to store fat against famine. I believe that my body will then operate at a higher metabolic rate and burn fat faster. I hope to build a pattern that will keep me fit and give me a total lifestyle change. I have learned from the six principles of anti-dieting that there will be backsliding. I hope to surround my self with the most positive people, who will encourage me to stay on track, as I will continue to encourage them. I have a problem with high stress levels now. I have learned that stress can be positive because it is energy expenditure in all its forms. I know that avoiding stress reverses functional capacity and seeking stress will help me reach my highest potential. With the new knowledge I have gained from this class, I know that stress only becomes dangerous when it is not balanced by appropriate and adequate recovery. Calorie counting will no longer be the way I diet. I will enjoy eating healthy foods because recovery means recapturing energy. Adequate sleep is at the top of my recovery list. Nutrition comes in second, with the use of plenty of clean water to flush the toxins out of my body. Exercise will provide an outlet for my stress, while allowing me to sweat the poisons out of my system. Exercise does improve my performance at work and with my family. I hope by using the concepts that I will be more energetic, effective, and creative. While reading some of Steven Coveys works I realized that his four dimensions have always been a part of my life. The concept of Security has helped me reflect on my identity, sense of self worth, and self esteem. The in class testing of my OML class has reflected what I already know. It showed me that I was well rounded, and a natural born leader. I have learned that I do need improvement in many areas of my life. Now I will begin working on improving my self. Guidance is something everyone needs. I realize my immediate need for a suitable mentor. Over the years, my mentors have been rare. Through the concepts of remapping oneself, I have accomplished things such as financial security. A current weakness I am working on is finance. I appear to be somewhat of an extremist. I am dominant in most of my daily activities. I am working on listening to others more, thinking before I speak, while constantly observing my surroundings to improve myself. Wisdom is what I learn from my elders and the

Academic life Essays

Academic life Essays Academic life Essay Academic life Essay It is not rare to find faculties having certain stereotypes against persons with disabilities. According to Vasek (2005), faculties that do not have the correct strategies and staff who have experience with disabled persons tend to label students with disabilities. This is in comparison with faculties whose staff is well versed with the needs of the disabled. The more experienced staff more so the professors not only have greater positive attitudes but they are also more sensitive to the needs of the disabled persons. Students with disabilities in such institutions tend to have greater success in their overall social and academic life. On another dimension, some faculties have ended up not fully supporting students with disabilities due to inadequate information provided by the student. Since the student is held responsible of disclosing their disability as best as possible, the effects of inadequate disclosure due to the student’s negative attitudes towards faculty end up influencing the faculty. It always becomes hard for a faculty to determine the right facilities to accommodate a disabled student when adequate information is not provided. In fact determining the needs of the disabled individual may prove challenging to the faculty if the faculty does not have enough experience to deal with the presented disability (Caverly, 2008). The nature of disability surfaces since some forms of disabilities may have a generally well known way of dealing with it than others. It is for instance noted that while it is a common experience among professors to have taught a person who is in wheelchair, they may not be as equipped in dealing with persons with hidden disabilities (Ysseldyke et al, 2004). The provisions in Section 504 and ADA have greatly shaped the attitudes of faculty towards students with disabilities. With Section 504 prohibiting discrimination of persons with disabilities from accessing postsecondary education and several requirements, faculties have been forced to readjust so as to accommodate the disabled. Such adjustments have not only involved provision of supportive facilities but have also included change in attitudes. Persons with disabilities have largely been accepted by faculties as the law has demanded so. With realization that students with disabilities need special attention for them to experience equal benefits with non-disabled students, faculties have had to provide for auxiliary services that are necessary. According to Saunders (2007), faculties have had to provide appropriate accommodation services for the disabled students as per the requirements of the law. It has also been noted that despite the much acceptability of the inclusion of the disabled in the institutions of higher education, the private sector in general does not seem to view this move very positively. Training faculty members on the ways to effectively handle students with disabilities in order to benefit the student to the maximum has been a move created by Section 504 and ADA. The willingness to accommodate students with disabilities has been shown to vary greatly in faculties depending on several variables. According to Rao (2004), while faculties (professors in specific) have shown great acceptance of some forms of accommodations for students with disabilities, the willingness to provide such assistance differs depending on the types of facilities required. For instance, there seems to be a greater acceptability to offer learning aids such as taped lectures extended time for assignments as compared to allowing the student with disability to do special assignments in addition to the normal ones. Poor understanding and implementation of the requirements of Section 504 and ADA has created relatively negative attitudes towards persons with disabilities which have ended up in legal battles (DePoy Gitlin, 2005). Faculties may for instance have difficulties with dealing with sensitive disability issues that the student may present. While it is the obligation of the faculty to provide necessary support to the disabled student, the faculty is still supposed to work within its capacity. Balancing the need to have the student’s needs catered for and catering for overall learning needs for other students becomes tough for faculties and they may tend to develop negativity on accommodating the disabled. Accommodating the needs of persons with disabilities requires extra efforts and resources. A professor for instance may be required to set extra time to prepare taped notes and other auxiliary aids for the disabled persons. The faculty in itself may require extra resources and infrastructure to ensure smooth learning for the disabled students. Whereas this may be received negatively by some facilities, some faculties appreciate accommodating the disabled. Even in cases where the resources have been provided, it is the sentiments of some faculties that students with disabilities sometimes end up not being served effectively (Buskist Davis, 2006). This implies that some faculties do not fully embrace and appreciate the need to have the disabled persons treated equally in the institutions of higher education.

A Brief Timeline of Events in America from 1601-1625

A Brief Timeline of Events in America from 1601-1625 1601 Sir Walter Raleigh is imprisoned in the Tower of London for a plot against King James I. 1602 Captain Bartholomew Gosnold is the first Englishman to land on the New England coast. 1603 Roger Williams, the future founder of Rhode Island, is born. 1606 Virginia Company of London is granted a Royal Charter to settle in the New World. 1607 Jamestown is founded under the patent of the London Company.Captain John Smith meets Pocahontas. 1608 Captain John Smith writes A True Relation of Such Occurences and Accidents of Noate(sic) as Hath Hapned(sic) in Virginia Since the First Planting of That Collony(sic). 1609 English explorer Henry Hudson explores the Delaware Bay and Hudson River. 1610 Thomas West, Lord Delaware, was made Governor of Virginia.Henry Hudson discovers Hudson Bay. 1611 Henry Hudson dies after being put off his ship by mutineers. 1612 Captain John Smith writes A Map of Virginia.The Dutch use Manhattan as a fur trading center.Tobacco planted for the first time by English colonists in Virginia. 1613 English Colonists in Virginia destroy the French settlements at Port Royal, Nova Scotia. 1614 Sir Walter Raleigh writes The History of the World.Pocahontas marries John Rolfe. 1616 Sir Walter Raleigh released from the Tower of London.John Rolfe and Pocahontas travel to England. Pocahontas has been given the title Lady Rebecca.William Baffin discovers Baffin Bay while searching for a Northwest passage.Captain John Smith writes A Description of New England.A smallpox epidemic decimates the New England Native American population. 1617 Sir Walter Raleigh sets sail for Guiana.Pocahontas dies in Gravesend, United Kingdom. 1618 Sir Walter Raleigh returns to England and is executed. 1619 The first representative colonial assembly, the House of Burgesses, was formed in Virginia.First slaves in North America. 1620 Mayflower Compact was signed.Plymouth Colony founded in Plymouth, Massachusetts.John Carver was named the first governor of Plymouth Colony. 1621 Sir Francis Wyatt becomes the new governor of Virginia.English attempt to colonize Newfoundland and Nova Scotia.John Carver dies.The Dutch West Indies Company is chartered. 1622 William Bradford became the governor of Plymouth Colony. 1623 New Netherlands is organized in America.First English settlement in New Hampshire is founded by David Thomas. 1624 Virginia Companys charter is revoked.Virginia becomes a Crown Colony.Sir Francis Wyatt remains Governor of Virginia.George Fox is born who will become the founder of the Society of Friends (Quakers).Captain John Smith writes A General Historie(sic) of Virginia, the Summer Isles and New England.The Dutch settle in New Amsterdam. 1625 King James I dies and is succeeded by Charles I. Source Schlesinger, Jr., Arthur M., ed. The Almanac of American History. Barnes Nobles Books: Greenwich, CT, 1993.

Rebuttal on controversial topic (would like it on torture) Essay

Rebuttal on controversial topic (would like it on torture) - Essay Example This torture could lead to posttraumatic stress disorder. Rarely has any method of treatment included the partner of the war veteran, and this is the subject of the article â€Å"Key Elements in Couples Therapy With Veterans With Combat-Related Posttraumatic Stress Disorder† by Michelle D. Sherman, Dona K. Zanotti, and Dan E. Jones. However, when viewed from the opposite perspective, treating the war veterans, who have faced mental tortures during the war, with the help of their spouses may not work all the time. The war veterans after returning to their homes will exhibit their PSTD mainly against their spouses, which will impact them negatively. That is, with the spouses also suffering because of their husband’s mental disorder caused by mental torture, they may not in a correct state of mind to treat their husband’s problems. Importantly as martial discord will also rise due to their husbands’ mental problems, and in that bickering state, it would be di fficult for the spouse to aid the treatment process. Although, the authors provided a case study which shows the efficiency of the couples’ therapy treatment suggested by them, it may not work all the time.