Informal Learning Experience free essay sample

This paper will discuss how my sisters’ drug addiction has been an informal learning experience for me and how my life has been effected trying to help her with this addiction. I will discuss how her experience with drugs occurred through classical conditioning by, identifying the unconditioned stimulus, unconditioned response, conditioned stimulus, and the conditioned response. I will also explain how her experience occurred through operant conditioning by describing the behavior, the consequences, and reinforcements of her drug addiction. Finally, I will address how my learning experience occurred through cognitive social learning and how influences of media and prejudice played a factor. Growing up in a small town with no ambition to set goals and your all about your friends, you will head down a dark lonely path. At the age of 17, my sister Kaitlin decided that her friends knew what was best for and took to drugs. She hung around the wrong crowds and the environmental stimulus took precedence over nurture. We will write a custom essay sample on Informal Learning Experience or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page My mom did not want to believe that her daughter was addicted to drugs. It wasn’t until the cops showed my mom a picture from the ATM machine, which showed Kaitlin withdrawing money and things in house started coming up missing. July of 2009 our Dad was hit by a drunk driver. I thought that this would be Kaitlin’s big wake up call. She knew that our father wanted her to get clean and how proud she would make him if she kicked this addiction. In August 2009, I allowed Kaitlin to move in with me and my family. Of course, she had strict guidelines and rules to follow or I wouldn’t hesitate to kick her out. She enrolled at the community college and thought she was on the up and up. 2 Weeks later, I noticed that checks were clearing under a bank account that I never touch. Low and be hold Kaitlin was forging my name to my checks and withdrawing thousands of dollars. I pressed chargers on her for forgery and theft. At this point, I have had enough; I had 3 kids that I needed to look out for their well being. I couldn’t waste anymore time or effort on my sister. It was tough love from here on out. Kaitlin spiraled out of control. In September 2009, our brother reached out to me to help get Kaitlin in a rehab program out of the state of Maryland or we would be burying another family member. We found a place in Louisiana that had a 90% success rate. To make a long story short in 2012 Kaitlin ends up pregnant. Swears up and down she is clean and hasn’t been using. On March 10th, 2013, my niece (Peyton) was born, addicted to heroin and numerous other drugs. I have opened my heart and home to this wonderful baby girl. She is a true blessing. I had to take a leave of absence from work without pay to provide for Peyton. It was a rough 2 months watching her go thru withdrawals. She is almost a year old and thriving. Unfortunately, being pregnant couldn’t make Kaitlin stop using drugs. To this very day she is still using drugs. Kaitlin’s addiction started with classical conditioning, a learning process that occurs through associations between an environmental stimulus and a naturally occurring stimulus. Behaviorism is based on the assumption that learning occurs through interactions with the environment (Cherry, n. d). A neutral stimulus becomes a conditioned stimulus capable of producing a given response after being repeatedly presented with the unconditioned (significant) stimulus (Carpenter Huffman, 2010). For example, an addict may use rolling papers, a pipe, or a syringe, etc (conditional stimulus) depending on the drug of their choice. An addict will eventually crave the drug of choice in the presence of these items (conditioned response), even when the drug is not present (unconditioned stimulus). The absence of the actual drug will lead to an overwhelming desire to use, (unconditional response). When the drugs and all the items are present and their body is going through withdrawals, when the conditioned and unconditioned stimuli occur together, the addict is powerless. Operant conditioning (instrumental conditioning) is a method of learning that occurs through rewards and punishments for behavior (Cherry, n. d). Operant conditioning has not worked for my sister. One would think that losing your child would be punishment in its self. Or facing jail time for theft. Even though Kaitlin is faced with the potential consequences such as jail time, the loss of her child, and possibly death, she still shows no signs of wanting help. Before an addict can get the help they need to admit that they have a problem. On the plus side, because of Kaitlins addiction, I was rewarded with a beautiful baby girl. Cognitive-Social learning refers to a psychological model of behavior. Learning occurs in a social context and what is learned is gained through observation. Addicts have attitudes, beliefs, expectations, motivations, and emotions that affect learning (Carpenter Huffman, 2010). There are three core concepts of social learning. First, is the idea that people can learn through observation. Second, the idea that internal mental states are an essential part of this process. Third, this theory recognizes that just because something has been learned, it does not mean that it will result in a change in behavior (Denler, H. , Wolters, C. , Benzon, M, 2014). Drug addiction plays a major role with your mental state of mind. Kaitlin is now 27 years old but has the brain mentality of a 15 year old. She is bipolar and an antidepressant. Its said to have to sit back and watch the drugs eat away at her brain and knowing that her mental state of mind will continue to deteriorate. Media and prejudice on learning can influence parenting practices, the overall culture, and individual child factors. It simply makes sense for parents and other adults to monitor the amount and content of the media children are using. Adults must think carefully about the kinds of influences children are exposed to on a regular basis and make conscious decisions based on the individual children involved (Cook, J. L, 2010) . It isnt television per se that has positive or negative effects, but what is portrayed and how families handle it. If parents talked to their children about drug addiction and how this is a very hard disease to over come. How drugs are harmful to their health and the different types of consequences you would be faced with, if you chose to use drugs. Would help guide our children in the right direction. Telling children that something is bad, a lot of times gives them that curiosity of wanting to try it anyways. I use my sister has a great example to my children on why you shouldnt use drugs. They got to see first hand what drugs can to do you, and seeing poor little Peyton go through withdrawals, broke their little hearts. I think their should more advertisements on TV and on billboards about drug addiction, telling children not to use drugs. In conclusion, my informal learning experience with dealing with a drug addicted sister, has opened my eyes to the type of environment we live in. Even though I talk to my children about drugs, it still worries me as they get older, will their friends have more pull and try to persuade them down the wrong path or will they listen and use their Aunt has an example of what not to do? The decisions we make in life will either haunt us or make us a better person. Classical conditioning is a learned behavior that happens with or without the presence of the stimulus. Operant conditioning is knowing that there are consequences for this learned behavior (drug use), that results in punishment (loss of your daughter, the presence of old friends, places and things resulting in possible relapse). Cognitive-social learning is coming to the realization that through participation and recovery programs, listening to other addicts stories, and seeing how how some addicts chose to recover.

Communication Research Paper Writing Tips

Communication Research Paper Writing Tips Tips on Writing a Communication Research Paper The name of this particular type of assignments makes it clear that a communication research paper depicts the process of interaction between people. It is based on sociological baselines in addition to other fields like ethics, anthropology, society, fine arts, etc. As a rule, it is assigned to students who have a communication study course and learn different types of interactions including rhetorical, interpersonal, theoretical, and some others. Once you have been assigned to write a paper on any of the above-mentioned topics, you should keep in mind that one theme cannot exist without a close relation with another. This is our first and foremost tip when writing a communication research paper. Now, lets have a closer look at the structure of the paper as well as general writing advice. Communication Research Paper Structure Any academic assignment is supposed to have a clear structure featuring every block logically connected with each other. The same thing is with a communication research paper. Keep an eye on every stage of the writing process to ensure the following: A Solid Introduction the first step is to write a long introduction where you highlight all the facts, problems. methodology and solutions. Not only your introduction is supposed to be informative, but also interesting for the reader. The introduction must include a strong thesis statement as well; Do the Research the term research paper considers doing some research work and analysis. The more validity your paper gets, the more trust your readers will have. State all the information in a persuasive but not intrusive way. Present yourself as an expert in a chosen field. The only way to achieve such approach is to get involved in a thorough investigation of the topic; Write the Body each body paragraph is the core of your major work. It should contain 100% of your findings in addition to argumentations and solutions to the problems raised in the introduction section. Drive your readers to a conclusion and encourage them for a discussion; Write a Conclusion a conclusion may be divided into two paragraphs when it comes to a communication research paper. They include discussion and summary. The first part should highlight the weak and strong aspects of the topic in addition to development opportunities and solutions. The second paragraph summarizes the information and introduces results. As you can see, a research paper on communication has a typical structure although it requires maximum involvement and investigation. Some General Writing Advice Most students start facing difficulties at first steps of writing a communication paper. You may boast the best analytic skills but still fail to get started. This is where our general writing advice may come in handy: Think of a provoking and inspiring topic that would be of great interest for your readers. Once you are able to grab their attention and make them read the text till the end, the academic success is guaranteed. Plan ahead and write an outline. The idea is to work out an effective writing strategy in advance. Look through as many communication articles, studies, surveys and other information sources as you can. Us experts opinions and include some of your own thoughts as a real-life example. Overview your paper before providing it to your teacher. Ask your friends or relatives to read it and share their opinion. A communication research paper is not about studying published articles and researches. It is about the ability to analyze and compare sources to provide your own summary of the problem. The idea is to help students contribute in the discipline by offering their own solutions. Write from the first person unless the requirements are different. Reference list is obligatory for this type of assignment. Mistakes to Avoid We hope our tips and recommendations will put an ease on the writing process making it as clear as possible. However, you should still avoid some of the common mistakes many students do when writing a communication research paper: Avoid presenting a simple compilation of material that has been already published by scientists and experts; Avoid all types of mistakes including grammar, stylistic and spelling; Avoid plagiarism and make your paper unique; Do not use superlatives, do not be too intensive; Include every part of the paper structure; Stick to the subject. If you still face difficulties when completing this type of assignment, you can opt for professional writing services and forget about all your education troubles for good!

Statistics and Legalization of Abortion Essay Example | Topics and Well Written Essays - 1750 words

Statistics and Legalization of Abortion - Essay Example In very simple words, abortion is the final consequence of a woman's decision of terminating her pregnancy. However, the reasons responsible for this decision vary immensely with individuals and the circumstances they are up against. In medical terms there are two types of abortion; one is miscarriage, also called spontaneous abortion which mostly occurs in early pregnancy say due to environmental factors, the age and the health of the pregnant women. This risk of miscarriage is high among women over the age of 35 or among those who have a history of several spontaneous or induce abortion. The second type of abortion is induced abortion, and has become synonymous to the word abortion today. This form of abortion can be due to many reasons and is therefore surrounded by an intense social and moral debate. The practice of induced abortion can be traced back in to history where certain sharp tools were used for this procedure, also with the help of certain herbs and by applying abdominal pressure. However, in ancient Greece women wishing to terminate their pregnancy were advised to engage in exercise, carrying heavy objects and riding animals instead of using sharp tools for the procedure. One of the reasons for abortion is preference for a particular sex for the child and is more common in Asian countries which have a culture preference of son. Due to medical advances, it is very convenient today to determine the sex of the child before birth through ultrasound, which has led to the occurrence of sex selected abortion in many cases. For example in India and Pakistan a son is seen as a bread earner in the family and high dowry expenses are tied with the existence of a daughter, there the rate of sex targeted abortion is very high as most families already facing financial difficulties prefer sons than daughters. In India alone "researchers have asserted that between 1985 and 2005 as many as 10 million female fetuses may have been selectively aborted" (Reaney, Patricia. 2006). Another reason for sex selective abortion evident in china is due to its historic preference of sons and its one child policy, which has been implemented due to population concerns in this country. This lead to an increase in sex selective abortions and an imbalance in the ratio of male versus female population became evident, in response to which China put a ban on this type of abortion in 2002. Due to the ban on abortion in many countries, as will be discussed in detail later, and also due to lack of access to safe abortion especially in the rural areas women have turned to unsafe methods of terminating their pregnancies. "black alley abortions" is a term uses for such types of abortions which lack hygiene and proper medical skills to perform such a procedure and can even result in death of the woman. According to the estimates of The World Health Organization (WHO) as much as 19 million unsafe abortions are carried out around the world each year. And 68,000 among these result in the death of the women. "A 2007 study published in The Lancet found that, although the global rate of abortion declined from 45.6 million in 1995 to 41.6 million in 2003, unsafe procedures still accounted for 48% of all abortions performed in 2003." (Sedgh et al. 2007) Legalization of Abortion There is no universal law which applies the legalization or ban of abortion. Currently the laws relating to this sensitive issue vary from country to country depending on the religious, moral and

Real Estate business Essay Example | Topics and Well Written Essays - 1500 words

Real Estate business - Essay Example The role of a registered chartered surveyor is crucial in any property transaction and resolving problems between landlord and tenant. Professional ethics and rational, analytical, and unbiased observations should be applied in all dealing. A registered surveyor should pay much attention to client requirements and deliver exact services they need. They should go through records related to the property, physical condition of the building and environment, any legal complications involved in the transaction and keep a record of each aspect concerning the property and produce a comprehensive report. First and foremost, as a responsible guide to prospective client, it is the responsibility of surveyor to identify client requirement and get abreast with basic information about the property. Client might have got information from word of mouth or from an estate agent, generally interested in his own ulterior motive, to extract profit. The first-hand information available with the client may not be factual and carry hidden agenda of the estate agent. As such, it is obligatory to ascertain source of information and get acquainted with the area. Primary to the enquiry is to identify problems prevalent in the area and local amenities. Prime requirement of every client is to have a calm, cordial, and cooperative environment conducive to their aspirations at the same time capable to return more benefits from their investment. It is the supreme responsibility of a property surveyor or manager to ascertain the above-mentioned pre-requisites.

Making survery and interview questions for proposal Assignment

Making survery and interview questions for proposal - Assignment Example The survey questions for both groups are presented below. It is expected that these questions will be able to search out for most reasons behind placement problems for international students. The results from these surveys can be used to piece together effective strategies to deal with international students placement problems. In order to deal with placement problems for international students, the representative of the Career Center at UMD will be interviewed to discern the nature of obstacles causing the problems. The information extracted from this interview will enable the creation of strategies that would augment the hiring of international students who graduate from UMD. The sample questions for the interview are listed below. 3. How would you place the responsibility of low placement figures for international students – with the students themselves, the university, the economic circumstances or a combination of all these? It is expected that answers to these questions from the Representative of Career Center at UMD will yield much required insight that would be required to solve the international student placement

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.