Principles of Liability in Negligence in Business Activities

Principles of Liability in Negligence in Business Activities Aspects of Contract and Negligence for Business Ingrida Miseviciute Table of Contents Task 1 (AC3.1)1 Task 2 (AC3.2)2 Task 3 (AC3.3)3 Task 4 (AC4.1)4 Task 5 (AC4.2)5 References6 LO 3 Understand principles of liability in negligence in business activities Task 1 (AC 3.1) Liability in Tort Contractual liability Definition: A tort is a legal term describing a violation where one person causes damage, injury, or harm to another person. The violation may result from intentional actions, a breach of duty as in negligence, or due to a violation of statutes. Explanation: The party that commits the tort is called the tortfeasor. A tortfeasor incurs tort liability, meaning that they will have to reimburse the victim for the harm that they caused them. In other words, the tortfeasor who is found to be â€Å"liable† or responsible for a person’s injuries will likely be required to pay damages. Damages: Under most tort laws, the injury suffered by the plaintiff does not have to actually be physical. A tortfeasor may be required to pay damages for other types of harm, including emotional distress or a violation of personal rights. Types: Joint Liability Vicarious Liability Liability to/for Third Parties Plaintiff/victim Liability Strict Liability Parent Liability. Definition: Contractual liabilityis defined as liability that does not arise by way of negligence, but by assumption under contract or agreement. Explanation: A contract is a legal binding agreement between two or more persons. When you sign, or agree to the terms of a contract, then you have accepted the contractual liabilities set forth in the document. Damages: Liabilities are things that you can be held accountable for, and may have to repay or replace, in the event that they occur. For example, a renter’sagreement may state that, If upon moving out of the premises stated in the contract, any part of the premises is destroyed, you may be accountable for and have to pay to repair, or replace the damage. Types: Contractual liability can take many forms, but is basically holds you accountable for damages that are stated in the contract. For example, Commercial contracts, domestic contracts and so forth. Task 2 (AC3.2) Negligence is a failure to use reasonable care that results in harm to another party. There are four important elements to a negligence lawsuit that must be proven: The defendant owed a duty, either to the plaintiff or to the general public The defendant violated that duty The defendants violation of the duty resulted in harm to the plaintiff The plaintiffs injury was foreseeable by a reasonable person. Donohughe V Stevenson (1932) This famous case established the civil law tort of negligence and obliged manufacturers to have a duty of care towards their customers. The events of the complaint took place in Scotland in 1928, when Ms May Donoghue was given a bottle of ginger beer, purchased by a friend. The bottle was later discovered to contain a decomposing snail. Since the bottle was not of clear glass, Donoghue was not aware of the snail until she had consumed most of its contents. She later fell ill and was diagnosed with gastroenteritis by a doctor. Donoghue subsequently took legal action against the manufacturer of the ginger beer, Stevenson. She lodged a writ in the Court of Sessions (Scotland’s highest civil court) seeking  £500 damages. Because her friend had purchased the drink, Donoghue could not sue on the basis that a contract had been breached; her lawyers instead had to claim that Stevenson had a duty of care to his consumers and that he had caused injury through negligence – an area of civil law that was largely untested at that time. Stevenson’s lawyers challenged the action on the basis that no precedents existed for such a claim. However Donoghue was later granted leave to appeal to the House of Lords, which then had the judicial authority to hear appellate cases. The leading judgement, delivered by Lord Atkin in 1932, established that Stevenson should be responsible for the well-being of individuals who consume his products, given that they could not be inspected. The case was returned to the original court; Stevenson died before the case was finalised and Donoghue was awarded a reduced amount of damages from his estate. This case established several legal principles: Firstly, that negligence is a distinct tort. A plaintiff can take civil action against a respondent, if the respondent’s negligence causes the plaintiff injury or loss of property. Previously the plaintiff had to demonstrate some contractual arrangement for negligence to be proven, such as the sale of an item or an agreement to provide a service. Since Donoghue had not purchased the drink, she could prove no contractual arrangement with Stevenson – yet Atkin’s judgement established that Stevenson was still responsible for the integrity of his product. Secondly, manufacturers have a duty of care to consumers. According to Lord Atkin’s ratio decendi, â€Å"a manufacturer of products, which he sells †¦ to reach the ultimate consumer in the form in which they left him †¦ owes a duty to the consumer to take reasonable care†. This precedent has evolved and expanded to form the basis of laws that protect consumers from contaminated or faulty goods. Thirdly, Lord Atkin’s controversial ‘neighbour principle’. Here Atkin raised the question of which people may be directly affected by our actions, our conduct or things we manufacture. â€Å"You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who, then, in law, is my neighbour? The answer seems to be: persons who are so closely and directly affected by my act that I ought to have them in [mind] when I am I am [considering these] acts or omissions.† Task 3 (AC3.3) Vicarious liability is a situation in which one party is held partly responsible for the unlawful actions of a third party. The third party also carries his or her own share of the liability. Vicarious liability can arise in situations where one party is supposed to be responsible for (and have control over) a third party, and is negligent in carrying out that responsibility and exercising that control. If an employee injures someone in the course of their employment, the employer may be subject to vicarious liability. This simply means that the injured person may be able to win compensation for the harm from the employer, rather than the employee. This is not to say, though, that the employee can always count on getting away scot-free. Even if there is vicarious liability, the injured person does not necessarily give up any right he may have to pursue the employee individually. If, for some reason, the injured person is unable to get full compensation from the employer, then he might seek to recover the balance from the employee. In addition, the employer may well seek reimbursement for any amount paid to the injured person (although in practice this rarely occurs). Generally, employers dispute vicarious liability claims on the following grounds: The person who caused the harm was not an employee, but an independent contractor or other non-employee worker; The employee did not harm the injured person in the course of the employees employment. An illustration of the test is provided by two contrasting cases, [Limpus v London General Omnibus Company] and [Beard v London General Omnibus Company], both involving road collisions. In the former, a driver pulled in front of another rival omnibus, in order to obstruct it. Despite express prohibitions from the employer, they were found liable; this was merely an unauthorised mode of the employee carrying out his duties (driving), not an entirely new activity. By contrast, in the latter case, London General Omnibus Company were not liable where a conductor (employed to collect fares on board the bus) negligently chose to drive the vehicle instead; this was completely outside of his duties. LO 4 Be able to apply principles of liability in negligence in business situations Task 4.1(AC4.1) A tort, in common law jurisdictions, is a civil wrong which unfairly causes someone else to suffer loss or harm resulting in legal liability for the person who commits the act. Although crimes may be torts, the cause of legal action is not necessarily a crime, as the harm may be due to negligence which does not amount to criminal negligence. The victim of the harm can recover their loss as damages in a lawsuit. In order to prevail, the plaintiff in the lawsuit must show that the actions or lack of action was the legally recognizable cause of the harm. The equivalent of tort in civil law jurisdictions is delict. Tort law is different from criminal law in that: (1) torts may result from negligent but not intentional or criminal actions and (2) tort lawsuits have a lower burden of proof such as preponderance of evidence rather than beyond a reasonable doubt. Sometimes a plaintiff may prevail in a tort case even if the person who caused the harm was acquitted in an earlier criminal trial. For example, O.J. Simpson was acquitted in criminal court and later found liable for the tort of wrongful death. Torts may be categorized in several ways, with a particularly common division between negligent and intentional torts. The standard action in tort is negligence. Negligence is a tort which arises from the breach of the duty of care owed by one person to another from the perspective of a reasonable person. The majority determined that the definition of negligence can be divided into four component parts that the plaintiff must prove to establish negligence. The elements in determining the liability for negligence are: The plaintiff was owed a duty of care through a special relationship (e.g. doctor-patient) or some other principle. There was a dereliction or breach of that duty. The tortfeasor directly caused the injury [but for the defendants actions, the plaintiff would not have suffered an injury]. The plaintiff suffered damage as a result of that breach. The damage was not too remote; there was proximate cause to show the breach caused the damage. Elements of Negligence Proximate cause Proximate cause means that you must be able to show that the harm was caused by the tort you are suing for. The defence may argue that there was a prior cause or a superseding intervening cause. A common situation where a prior cause becomes an issue is the personal injury car accident, where the person re-injures an old injury. Duty of care It arises when one party creates a scenario that has the potential to harm the other party. Duty focuses on relationship between the two parties: The test whether the defendant owes a duty of care to plaintiff includes: Would a reasonable person have foreseen that the actions would have caused harm to the plaintiff? Reasonable person represents an objective standard. Breach of duty Breach of duty occurs when a â€Å"reasonable person† is not exercising the degree of care that would have expected from him/her in that situation. Reasonable person is an average person. It does not require perfection, but takes into account that an average person does not foresee every risk. The average person is not assumed to be flawless, but ordinarily careful and prudent. Actual Harm Actual harm could be in the form of physical or emotional injuries, property damages or financial loss. The main remedy against tortious loss is compensation in damages or money. According to the scenario, Chris was in an internet cafe. He got up to purchase a coffee and was slipped on some water that was on the floor and broke his arm. This depends upon the intention of Chris. If Chris slipped intentionally and did foresee this accident, then the cafe’ will not be responsible for the damages caused. If this is not the case, then the elements of negligence need to be applied to see if Chris can claim the damages. Negligence is important aspect to look at, means that the defendant (the cafe’) failed to act in a reasonable manner under the circumstances. For example, it is reasonable to expect that the cafe’ placed a warning signs in recently mopped areas or wet surface. If this is not done, then it means that the cafe’ did not fulfil the duty of care. Chris can claim damages as a result of it as he slipped and broke his arm. There are various implications on the scenario in terms of duty of care, negligence (intentional or otherwise) and it is up to the court to decide the outcome. Task 5 (AC4.2) Two clear elements must be established in order to establish a vicarious liability: Was the tortfeasor the defendant’s employee; and Was the tortfeasor acting in the course of his or her employment at the time the tort was committed. The existence of a relationship of employer and employee Many tests have been suggested for distinguishing between a contract of service and a contract for services. These include: Control test Ready Mix Concrete Ltd v Minister of Pensions and National Insurance (1968) Integration test – Stevenson Jordan Harrison Ltd v MacDonald Evans (1952) Organisation Test – Albrighton v Royal Prince Alfred Hopital (1980) â€Å"The ultimate question will always be whether a person is acting as the servant of another or on his own behalf and the answer to that question may be indicated in ways which are not always the same and which do not always have the same significance†. Conclusion as to whether defendant is an employer or contractor. If the defendant is an independent contractor the employer can’t be vicariously liable for the acts of that contractor. The employer will only be liable (as a primary liability) if the employer’s tortious duty is, in law, non-delegable: Kondis v STA; Burnie Port Authority v General Jones Pty Ltd. Was the employee acting within the course of employment? General rule is that whilst acting in the course of employment the employer is not vicariously liable for independent wrongful acts of employees (Bugge Brown). In determining the scope of the employment relationship the actions of the employee must be reasonably incidental to employment i.e. the employer is not vicariously liable if the employee is on a frolic of their own (Joel v Morison). (Situations to consider the necessary authorities) Wrongful mode of completing authorised act – employer vicariously liable (Bugge Brown) Express prohibition by employer not necessarily a defence if the employee’s act was still a mode of doing what he employee was employed to do – employer vicariously liable (Century Insurance Company v Northern Island Road Transport). Acting outside scope of employment relationship – employer not vicariously liable (Koorang Investments v Richardson). Driving cases For example, there are a number of truck driving cases where the court has had to decide whether the driver was acting within the course of his employment when driving the vehicle outside a designated route. Essentially, the pattern seems to be that if the drivers job is to get from Point A to Point B, and his detour from the designated route was simply another way of getting to Point B, then he is acting within the course of his employment. On the other hand, if the driver takes a detour for some other, non-business purpose (such as picking up a girlfriend and taking her shopping) then he would likely be regarded as acting outside the course of his employment. According to the scenario, Trevor is a driver who drives a lorry for a Haulage firm. He delivers deliveries for the company which suggests that he is an employee of the firm. Whilst at work, he detours the lorry and meets his girl friend. This is a non business purpose which means he is acting outside the scope of his duties. As he leaves his girlfriend’s house to continue deliveries, he negligently crashes into a car park. As stated above, two conditions must be met in order to establish a vicarious liability: was the tortfeasor the defendant’s employee; and Was the tortfeasor acting in the course of his or her employment at the time the tort was committed. In this case, the tortfeasor was Chris and the defendant is the Haulage firm. Chris was an employee and also he was acting in the course of his employment to meet his girlfriend and later on crashes his lorry. The vicarious liability is established and hence Chris is liable and not the haulage firm. References Tort Liability (2014). Available: http://www.legalmatch.com/law-library/article/tort-law-liability.html. [Last accessed 10 March, 2014] Donoghue V Stevenson (1932). Available: http://lawgovpol.com/case-study-donoghue-v-stevenson-1932/. [Last accessed 12 March, 2014]. Negligence (2014). Available: http://www.lawyersandsettlements.com/lawsuit/negligence.html?opt=cutm_expid=36075225.Uj6X3hD9S1KR79nt0Iy0tA.1utm_referrer=https%3A%2F%2Fwww.google.co.uk%2F#.UySBAj9_sSM. [Last accessed 12 March, 2014] Accidents and injuries (2014). Available: http://www.findlaw.co.uk/law/accidents_and_injuries/accident_claims/500045.html. [Last accessed 13 March, 2014] Vicarious Liability (2014). Available: http://en.wikipedia.org/wiki/Vicarious_liability_in_English_law. [Last accessed 13 March, 2014] Breach of duty (2014). Available: http://en.wikipedia.org/wiki/Breach_of_duty_in_English_law. [Last accessed 14 March, 2014] Tort (2014). Available: http://en.wikipedia.org/wiki/Tort. [Last accessed 14 March, 2014] Eustace, D, (2007) Negligent Misstatement – Dillon Eustace. Keenan, D., and Smith, K., (2006) Law for Business (13th Edition) Pearson Education Limited. McKendrick, E. Contract Law (2000). fourth edition. McMillan. Basington. Poole, J. Casebook on Contract Law (2001). 5th edition. London. Vickneswaren, K., (1997) Obligations: Contract Law (1st Edition) Old Bailey Press: London.

Red Badge of Courage Essay: Battle for Adulthood :: Red Badge Courage Essays

A Battle for Adulthood in Red Badge of Courage    Throughout the novel, The Red Badge of Courage, written by Stephen Crane, a theme is portrayed within a battle that takes place during the Civil War. It is that each person must find the courage to win his or her won battle for maturity or adulthood. A soldier, who is also the main character, Henry Fleming, exemplifies this theme.    Henry Fleming begins as an immature soldier who enlists in the army without knowing a reason why. Henry has a romantic view of the war, and expects it to be glorious: â€Å"They [battles] might not be distinctly Homeric, but there seemed to be much glory in them. He [Henry] had read of marches, sieges, conflicts, and he had longed to see it all.† Henry obviously lacks maturity because he was very determined to enlist in the army, but tries to blame the government for being at war.    Henry starts to realize that there are no heroes and that there are no individuals: â€Å"He had grown to regard himself merely as a part of a vast blue demonstration.† Therefore he is beginning to fight the battle within himself into adulthood. Henry looses some of his selfishness and gains concern for others, another stepping stone: â€Å"He felt the subtle battle brotherhood more potent even than the cause for which he was fighting.† Henry deserts a dying soldier and runs from a battle, but recognizes that running away was wrong. It isn’t a mature action, but he is mature to realize the magnitude of running.    With the knowledge of his past mistakes, Henry goes into battle without thinking about the past and fights heroically. After a general makes a derogatory remark about Henry and his comrades, it reveals Henry’s change of attitude. He accepts the comment without rebellion and fights with courage. Because of the success of fighting bravely, Henry has the self-esteem to deal with his mistakes as an adult. As a mature person he can learn from his mistakes.

Macro Environmental Analysis Of Italy

Political facetsThe Italian political relations and authorities are a merger of democracy and democracy, with people ‘s representatives in the parliament governing the state. Italy ‘s Chief of province is President Giorgio Napolitano. Premier Minister Silvio Berlusconi is the caput of the province in Italy. He administrates a multi-party system for successful running of the political activities. Italy was a founding member of the European Union ( EU ) . Today Italy is a member of many important international organsations like MIF, UN, G8, NATO, OECD, GATT/WTO or the OSCE. Italy has been a member of WTO since 1995 and it is besides of import to state that all EU member provinces are WTO members. So Italy ‘s trade policy is about the same as that of other members of the European Union. This fact makes clear that WTO trading spouses have less jobs in trading because of the remotion of all barriers to international trade in goods and services.Demographical facetsItaly h as developed into an industrial state, which is divided in two parts. The first portion is the industrial developed North, which is dominated by private companies. The 2nd portion is the agricultural South. The unemployment in the South is reasonably high and it is clearly to see that this portion of Italy is less developed. The Gross Domestic Product ( GDP ) is one of the most of import economical indexs. For Italy the GDP is $ 1.823 trillion in 2008. But one has to maintain in head that this figure does non mention to the population. If one wants to take in this aspects one should look at the GDP ( PPP ) . For Italy this is $ 31,300 this means how much the mean individual life in Italy hast to pass. As an investor this figure might go really ready to hand because one can see how much money a state has to devour in luxury goods. Alternatively of being able to afford 1s basic demands. The existent GDP growing rate in Italy achieved an sum of -1 % in 2008. The chief industries in Ita ly are touristry, machinery, Fe and steel, chemicals, nutrient processing, fabrics, motor vehicles, vesture, footwear, ceramics. The chief resources of Italy are mined merchandises like coal, Zn, natural gas and a rough oil militias.Macro environmental analysis of IndiaPolitical facetsIndia is a democracy. The people of India elect their authoritiess at all degrees ( Union, State and local ) by a system of cosmopolitan grownup franchise ; popularly known as & A ; lsquo ; One adult male one ballot ‘ . The cardinal authorities exercises its wide administrative powers in the name of the President, whose responsibilities are mostly ceremonial. The fundamental law designates the administration of India under two subdivisions viz. the executive subdivision and Real national executive power is centered in the Council of Ministers, led by the Prime Minister of India. India suffered political instability for a few old ages due to the failure of any party to win an absolute bulk in Parliament. However, political stableness did non alter India ‘s economic class though it delayed certain determinations associating to the economic system.Membership of international organisations:ADB, AfDB ( nonregional member ) , ARF, ASEAN ( dialogue spouse ) , BIMSTEC, BIS, C, CERN ( observer ) , CP, EAS, FAO, G-15, G-20, G-24, G-77, IFAD, IMF, IMO, Interpol, IOC, LAS ( observer ) , NAM, OAS ( observer ) , PIF ( spouse ) , SCO ( observer ) , UN, UNESCO, UNWTO, WFTU, WHO, WMO, WTOInternational Relationss:International dealingss ships between India and a batch of the states in our universe have been comparatively good.Trade Policy:India is a member of the World Trade Organization and its predecessor the General Agreement on Tariffs and Trade ( GATT ) . While take parting in its council meetings, India has been important in voicing the concerns of the underdevelo ped universe. For case, India has continued its resistance to the inclusion of such affairs as labor and environment issues and other non-tariff barriers into the WTO policies. Despite cut downing import limitations several times in the 2000, India was evaluated by the World Trade Organization in 2008 as more restrictive than similar developing economic systems, such as Brazil, China, and Russia. The WTO besides identified electricity deficits and unequal transit substructure as important restraints on trade. Its restrictiveness has been cited as a factor which has isolated it from the planetary fiscal crisis of 2008-2009 more than other states, even though it has reduced on-going economic growing.Demographical facetsIndia has a entire population of 1,17 billion people in 2009 and growing rate of 1.5 % in 2009 with an mean age of 25 old ages. India has a batch of immature people and with a Birth rate of 21.76 births/1,000 it has the highest birth rate of the three states. Little over a one-fourth of the population in India lives in metropolis ‘s with 29 % this is comparatively low. However the grade of urbanisation in India is 2,4 % wich is besides th e highest urbanisation rate of our three states. The labour force in India is the 2nd largest in the universe with 523.5 million people in 2008 it is besides the biggest of our three states. There is a batch of difference in instruction degrees in India. There is a strong line between truly high instruction and people that are non or ill educated.Comparison between Italy and IndiaPolitical facetsIndia is a democracy, Italy is a merger of democracy and democracy. This means that both states are free and people who live at that place make the determinations. The people of India elect their authorities by a ballot, which have the map of a President. Italy ‘s leader is President Giorgio Napolitano and Premier Minister Silvio Berlusconi. India is one of the major bring forthing states of coal. It besides has important sedimentations of Fe, manganese, isinglass, bauxite, Ti, Br, natural gas, diamonds, crude oil and limestone. The natural resources for Italy are chiefly mined merchandises like coal, Zn, natural gas and a rough oil militias. India is non a member of the EU like Italy, which was a founding member of the EU, however international relationships between India and a batch of other states have been comparatively good.Demographical facetsIndia has a population of 1.166.079.217 dwellers. In comparing Italy ‘s population is 58.000.000. Apart from the major difference in population, the demographical facets for India and Italy are unequal. India has a population growing rate of 1.548 % whereas Italy has a growing rate of -0.047 % . The population in India is rather immature in comparing with the population of Italy. In twelvemonth 2005 India ‘s urbanisation had an one-year rate of 2.4 % , Italy merely 0.4 % . These facts show us that there are a batch of differences between the two states.Economic facetsAs an economical index, frequently it is reffered to the Gross Domestic Product ( GDP ) . For India the GPD is $ 3.297 trillion with an one-year growing of 6.7 % . In Italy this sum is $ 1.823 trillion with a clear smaller growing rate of -5.1 % per twelvemonth. Both states have in common that most of the GDP is made in the service sector. In Italy the service sector makes up 71 % of the entire GDP while in India it is 53.4 % . Italy ‘s major exports are precision machinery, motor vehicles ( utilitaries, luxury vehicles, bikes, scooters ) , chemicals and electric goods, but the state ‘s more celebrated exports are in the Fieldss of nutrient and vesture. India ‘s major export trade goods included technology goods, crude oil merchandises, chemicals and pharmaceuticals, treas ures and jewelry, fabrics and garments, agricultural merchandises, Fe ore and other minerals.Italy and India in comparing to The NetherlandsPolitical facetsIn the Netherlands the signifier of authorities is non similar to the 1s from India or Italy. It is a parliamentary representative democratic constitutional monarchy province. The disposal constitutionally consists of the Queen and the Cabinet Ministers. By the early eighties the Dutch public assistance province had become the most extended societal security system In the universe but the public assistance province came into crisis when disbursement rose due to dramatic high unemployment rates and hapless economic growing. The centre-right and centre-left alliances wanted the Dutch public assistance province to make new occupations and to convey the budget shortage under control. So that they reduced societal benefits, lowered the revenue enhancements and deregulated the concerns. With these solutions the economic system was recovered and the budget shortage and unemployment were reduced well. The Netherlands has a sum of 11 Parties and the major political parties are CDA ( Christian Democratic Appeal ) , PvdA ( Labour Party ) , SP ( Socialist Party ) , and VVD ( People ‘s Party for Freedom and Democracy ) . The Dutch Parliament consists of a Second Chamber and a First Chamber. Both Chamberss of parliament discuss proposed statute law and reappraisal of the actions of the cabinet. The CDA has the most seats in the Chambers.Membership of international organisations:The Netherlands is an active and responsible participant in the United Nations system every bit good as other many-sided organisations such as the Organization for Security and Cooperation in Europe, Organisation for Economic Co-operation and Development ( OECD ) , World Trade Organization ( WTO ) , and International Monetary Fund.Trade Policy:In 2007 the exports of the Netherlands were $ 457.2 billion. The chief export trade goods are machinery and equipment, fuels, chemicals and groceries. The Netherlands is a strong advocate of free trade and is a member of international forums like WTO and OECD. The portion of foreign trade in its GDP is more than 125 % . The Netherlands ‘ top three export spouses are Germany, Belgium and France.Demographical facetsWith 16.5 Million dwellers The Netherlands have a high population denseness of about 400 people per square kilometers. The birth rate exceeds the decease rate with 10.9/1000 people against 8.68 death/1000 population and a really high net in-migration rate with 2.72 migrants/1000 people besides contributes to this. Therefore the Dutch population increased by 50 % since the 1960 ‘s. Recently the population roar is easy worsening. The population is largely divided in middle-sized metropoliss.Economic facets between the different statesEconomic facets of the NetherlandsThe Netherlands has a comfortable and unfastened economic system, which depends to a great extent on foreign trade. Its economic system is besides noted for stabl e industrial dealingss, reasonably low unemployment and rising prices and a ample current history excess. From 2004 boulder clay 2006 the GDP went from about $ 610 billion up to $ 670 billion. The GDP per capita in the Netherlands is the highest of the tree reference states. The state has been one of the taking European states for pulling foreign direct investing and is one of the four largest investors in the US. The gait of occupation growing reached 10-year highs in 2007, but economic growing fell aggressively in 2008 as radioactive dust from the universe fiscal crisis constricted demand and raised the ghost of a recession in 2009.Main industries:Natural gas ; Dutch industry is diversified and includes a assortment of concerns that range from fabrication, excavation, and energy production to building and chemical fabrication.Economic facets of ItalyItaly has developed into an industrial state ranked by both the World Bank and the International Monetary Fund as the universe ‘s 7th largest economic system in USD exchange-rate footings and ten percent largest in footings of buying power para ( PPP ) by World Bank, IMF and the CIA World Factbook. More late, Italy has faced sulky economic growing and decreased international fight. Italy ‘s econ omic strength is in the processing and the fabrication of goods, chiefly in little and moderate-sized family-owned houses. The state has been less successful in footings of developing universe category transnational corporations.Economic facets of IndiaIndia has had a market based system from 1991 boulder clay now. Before that the authorities blocked a batch of the import/ export merchandises to protect the people. India achieved 9.6 % GDP growing in 2006, 9.0 % in 2007, and 6.6 % in 2008 this likely due to the planetary economic crisis seting the state on place 28 in the universe. The GDP ( buying power para ) did nevertheless turn from $ 2.816 trillion in 2006 to $ 3.069 trillion in 2007 to $ 3.297 trillion in 2008 puting India on place 5 harmonizing to the cia universe factbook.Most of this ( 53.4 % 2008 ) comes from the services sector in India.DecisionWhich state will hold the best market to export goods and merchandises to? India is a really interesting state to merchandise with. The economic system is on a strong growing flight and anticipations are that it keeps turning. All India has to make is maintain their market unfastened and maintain on working on bettering their substructure and educational system, this would besides better their GDP per capita. India has besides hardly been affected by the economic crisis of 2008/2009 Italy on the other manus has had a existent job since the beginning of the crisis, in the EU Italy has taken one of the hardest hits on GDP ( PPP ) and GDP Growth rate, nevertheless, even before the start of the crisis the Italian economic system had already been & amp ; lsquo ; sulky ‘ . In the terminal, it all depends on what goods and merchandises you are be aftering to export. Italy has few natural resources because Italy has specialized on industry and edifice luxury goods and for all this you need stuffs so exporting natural resources would be best here. In India we would export capital/consumer goods, if the economic system keeps turning as predicted than that combined with the fact that the liberalisation of import revenue enhancements continues besides adding a population of over 1 billion people. Brands it one of the biggest possible markets in the universe at this clip. Reasoning that both of the states have their advantages, the EU in Italy and the market potency of India, we prefer India to merchandise with.Beginnings:www.cia.govwww.demographic-research.orgwww.economist.comwww.geohive.comwww.oecd.orgwww.oup.comwww.wikipedia.orgwww.de.statista.comwww.economicshelp.orgwww.wiki.answers.com

Circular Reasoning Definition and Examples

Circular Reasoning Definition and Examples In informal logic, circular reasoning  is an argument that commits the logical fallacy of assuming what it is attempting to prove. Fallacies closely related to circular reasoning include  begging the question  and petitio principii. The fallacy of the petitio principii, says Madsen Pirie, lies in its dependence on the unestablished conclusion. Its conclusion is used, albeit often in a disguised form, in the premises which support it (How to Win Every Argument: The Use and Abuse of Logic, 2015). Examples and Observations The circular argument uses its own conclusion as one of its stated or unstated premises. Instead of offering proof, it simply asserts the conclusion in another form, thereby inviting the listener to accept it as settled when, in fact, it has not been settled. Because the premise is no different from and therefore as questionable as its conclusion, a circular argument violates the criterion of acceptability. (T. Edward Damer, Attacking Faulty Reasoning. Wadsworth, 2001)Circular argument: A sentence or argument that restates rather than proves. Thus, it goes in a circle: President Reagan was a great communicator because he had the knack of talking effectively to the people. The terms in the beginning of the sentence (great communicator) and the end of the sentence (talking effectively) are interchangeable. (Stephen Reid, The Prentice Hall Guide for College Writers, 5th ed., 2000) Mental Illness and Violent Crimes The assumption that people with mental health issues are violent is deeply entrenched (cleaver-wielding lunatic costumes,  anyone?). It often leads to circular reasoning. How often have you heard people claim that committing a violent crime is proof of mental illness? Only a mentally ill person would kill someone, so anyone who kills someone is automatically mentally ill. Leaving aside the  vast majority of homicides  which aren’t committed by people with mental problems, this isn’t evidence based. (Dean Burnett, Stop Blaming Mental Illness for Violent Crimes. The Guardian [UK], June 21, 2016) Circular Reasoning  in Politics Senator Kent Conrad of North Dakota offers a perfectly circular argument: we cant have the public option, because if we do, health care reform wont get the votes of senators like him. In a 60-vote environment, he says . . ., youve got to attract some Republicans as well as holding virtually all the Democrats together, and that, I dont believe, is possible with a pure public option. (Paul Krugman, Health Care Showdown. The New York Times, June 22, 2009)Ralph Nader and Pat Buchanan are banging at the doors, and the political establishment, consisting of both politicians and the media, seems determined not to let them in on the grounds that they have no public support. This is a circular argument; one of the reasons they have so little support is that they are generally ignored by the press and will most likely be barred from the presidential debates, which require a base support of 15 percent of the electorate. (Lars-Erik Nelson, Party Going. The New York Review of Books, August  10, 2000) Going in Circles Circular reasoning can be used fallaciously . . . in arguments which require the use of premises that can be shown to be better established than the conclusion to be proved. The requirement here is one of evidential priority . . ..  Arguing in a circle  becomes a fallacy of petitio  principii or begging the question where an attempt is made to evade the burden of proving one of the premises of  an argument by basing it on the prior acceptance of the conclusion to be proved. . . . So the fallacy of begging the question is a systematic tactic to evade fulfillment of a legitimate burden of proof . . . by the proponent of an argument in dialogue by using a circular structure of argument to block the further progress of dialogue, and, in particular, to undermine the capability of the respondent, to whom the argument was directed, to ask legitimate critical questions in reply. (Douglas N. Walton, Circular Reasoning.  A Companion to Epistemology, 2nd ed., edited  by  Jonathan Dancy et al. Wiley-Blackwell, 2010)

Alice And The Wonderland Essays - Alice In Wonderland, British Films

Alice And The Wonderland Essays - Alice In Wonderland, British Films Alice And The Wonderland To millions around the world, Lewis Carrolls Alice in Wonderland is merely a childhood dreamland filled with riddles, fairy tails, and games without rules. However, to the trained eye, Alices world translates into much more than a childs bedtime story. There are many undeniable patterns and connections seen throughout his story that are simply too radical to be mere coincidence. The story of Alice is both a mixture of contradictory patterns and a metaphor for growth. With the right train-of-thought and a little imagination, this otherwise straightforward fairy tale becomes a key to Carrolls inner thoughts. Psychoanalysts have analyzed Alice in Wonderland since the early 1900s. Psychoanalysis is, the theory of the talking cure. In other words, it is used to help understand inner (subjective) meaning. Psychoanalysis was first used as a clinical practice to help people suffering from troubles without any organic cause. (Bokay 2) However, it has also proven very effective in uncovering subliminal motives in dreams, art, and literature. The following should not be looked at as definite concepts, but more like a key to help understand some popular interpretations of lewis text. If the whole of Alices journey may be read both as a passage from the surface to the abyss and as an achievement, a hard conquest from the abyss to the surface, the leaven, the engine of this twofold passage is to be found in the series of events which are written in Alices body. (Roncada 2) To grasp the concepts and to fully understand underlying ideas in wonderland, it helps to think of wonderland as a real world with real rules. Non-law and a non-measure of Alice herself govern wonderland, which in turn results in a large amount of nonsense. What is isn't, what isnt is, a very hard concept for young Alice to grasp at first. Alice morphs from tall to short, from small to big, and always maintains her psychological and biological age. Her body (the engine) is disconnected from her physical life. (Roncada 4) Her body goes through four phases throughout this trip: 1) and unexpected growth/decrease 2) a growth/ decrease openly driven by the other characters 3) a growth/decrease manipulated by Alice (with bits of mushroom) 4) the spontaneous, self induced growth without the use of any object (during the trial). (Roncada 4) This is the most obvious metaphor suggesting growth seen throughout Alices trip. Alice does not look for any explanation for her re-occurring metamorphic changes. To Alice, eating and drinking does not mean nourishment just as growing up does not mean maturing or getting old; it is only used for alteration. The use of food in this world is not incidental. In Wonderland there are many distinguishing factors between eating and drinking. The act of eating is not ritual, it is necessary for Alices metamorphosis, it is a prize at the end of the Caucus race, and a never-ending punishment at the mad tea party. The food never becomes a real meal because it is broken into several snacks. (Roncada 6) Food categories are separated into liquid and solid (which share the same result: grow shrink), raw and cooked, and sweet and salty. A fine example of this is during Alices first size change in the hall. When Alice drinks the liquid marked appropriately drink me she states, It had, in fact, a sort of mixed flavor of cherry-tart, custard, pine-apple, roast turkey, toffee, and h ot buttered toast. This part entwines a number of distinct patterns contradicting each other. First off, the liquid assumes the flavor of solid food. Sweet (cherry-tart, custard, pineapple, toffee) and salty (roast turkey and hot buttered toast) stay together. Inside the sweet category there are other contradictory patterns: toffee is solid and custard is non solid; cherry-tart, custard, roast turkey, and toffee are all cooked (or mixed) while pineapple is raw and natural. And finally, the tastes have been organized according to different culinary techniques: custard, toffee, and cherry tart are all made with low heat and turkey and toast are made with high heat. Roasted Turkey, hot buttered toast, and custard are all served hot while toffee and cherry-tart are served cold. ( Roncada 4) This seemingly innocent observation made by

Men in Black; I, Robot; After Earth Movie Review

Men in Black; I, Robot; After Earth - Movie Review Example This research will begin with the movie review of Men in Black. It is an American movie released in the year 1997 and is based on science fiction. This action comedy movie is directed by Barry Sonnenfeld with actors including Will Smith, Tommy Lee Jones, Rip Torn and Linda Florentino. The plot of the movie has been adapted from a comic book series with the same name. The story revolves around two men, also known as men in black, who are representatives of a non-government agency. They observe the activities and movements of some extraterrestrial beings who are residing on this earth by hiding their identity from regular human beings. The major focus of this agency’s men is to observe the movements of 1,500 alien figures who roam in and around New York City. Since it is a covert operation, therefore the MIB base their operations underground at a Triborough Bridge and Tunnel Authority  ventilation station in  Battery Park, New York City. In case any humans accidentally witne ss these aliens, then it becomes the responsibility of the agency to use neuralyzers to clean their memory. During one night when Agent K and Agent D were doing their usual surveillance duty, they seized a truck filled with illegal immigrants along with an alien who was disguised as a normal human being. When Agent K attempted to chase him down, he was forced to kill the alien as the latter tried to attack a border patrol officer. Soon after this, Agent D realized he was becoming too old for the job and hence requested Agent K to use neuralyzer on him, which is a precondition for every agent who is about to retire from the agency. The leader of the agency then asked Agent K to find a new partner. In another event, James Edwards who was an officer in the New York Police Department and was extremely active and energetic was chasing a criminal on foot. As the chase took place on rooftops, Edwards soon realized that the fugitive’s irises blink vertically by which he concluded tha t the man was not a normal human being. Soon after this, Agent K uses neuralyzer on Edwards after extracting all information from him about the alien. Agent K then gives him an agency card. Edwards then reaches the secret organization and excels in all tests to qualify himself as a MIB. His original identity is then erased before recruiting him as Agent J. When they embark on investigating the reason behind the aliens leaving the earth all of a sudden, they find out that a farmer named Edgar has been killed and his skin has been used by a Bug who is a type of species of cockroach.

Community Policing Term Paper Example | Topics and Well Written Essays - 2500 words

Community Policing - Term Paper Example tes the fact that lack of crime, the preservation of public calm, over and above the protection of life and property are the only things that can prove whether those police endeavors have been successful or not and whether the police force have attained the goals for which were hired (Met.police.uk, 2011). Community policing, also known as community-oriented policing (COP) or problem-oriented policing concerns itself with the re-identification of the task of the police as facilitators in the society. Community policing refers to the transformation in philosophy with regard to police duties against community responsibilities to a team notion of complete quality organization of the society (Worts, 2000). Arrington (2006) presents the United states Justice Department’s â€Å"most often agreed upon† description of community policing – community policing refers to a philosophy of policing that upholds and endorses organizational policies of managing the causes diminishing social disorder as well as the dread of crime using problem-solving procedures and community policing affiliations. Arrington (2006) adds that proper community policing happens co-operatively with all members of the community participating as equal partners. The most important objective of the police should to make the life quality of residents better as well as to ensure that they feel safe. This has led to the establishment of a number of varied tactics and strategies by the police aimed at enhancing the relationship between the police force and members of the public. According to the Community Oriented Policing Services (2011), the concept of community-oriented policing is based on the principle that the reduction of citizens’ fear of crime while still establishing collaboration among the members of the community and the police is a momentous objective of police organizations. The Community-Oriented Policing services (COPS) (2011) further describes community policing and states that its