The Law of Tort Case Study Example | Topics and Well Written Essays - 5000 words

The Law of Tort - Case Study Example Ancillary claims are founded on accusations of intentional infliction of emotional distress.4 The discussion that follows examines the development of the Tort of Trespass and the available defences to such claims. Assault is any conduct which puts an individual in fear of immediate unlawful harm or force upon his or her person.5 In other words, physical contact is not a necessary element in the Tort of assault. Intention to cause harm is not a necessary element in the Tort of Trespass to the person founded on a claim of assault. Lord Denning stated early on in the case of Letang v Cooper [1965] QB 232 that: Reasonable apprehension of injury or even mere contact is sufficient to substantiate a trespass to the person claim in assault. It matters not whether the intended victim is afraid or is capable of thwarting any assault. The test is an objective one and will depend on the reasonable apprehension of the reasonable man, rather than the particular and unique characteristics of the intended victim. In Stephens v Myers (1830) 4 C & P 349 the defendant was ordered to leave a parish meeting. In retaliation he launched for the chairman but the church warden quickly interceded and therefore no contact was made. After finding the defendant liable for the Tort of assault, Lord Tindal, CJ said that: For example in Thomas v Num [1986] Ch. ... However, if there is no reason to believe that the defendant can physically carry out his or her threat, the Tort of assault will not be substantiated. As Lord Tindal said: "'it is not every threat, when there is no actual physical violence, that constitutes an assault, there must, in all cases, be the means of carrying the threat into effect."8 For example in Thomas v Num [1986] Ch. 20 pickets making threats of violence accompanied by threatening gestures were held back by police and those to whom the threats were directed gained entry to the premises under protest via vehicles. There was no assault since the defendants could not have carried out their threatened conduct. In the circumstances of the case the reasonable man, having regard to the restraint placed upon the defendants by police presence could not have reasonably apprehended harm.9 At one time words alone could not constitute an assault. The case relied upon was R v Meade and Belt (1823) 1 Lew CC 184 in which it was held that: "'no words or singing are equivalent to an assault".10 However, in the case of R v Ireland [1998] AC 147 the House of Lords departed from this rule. Although the case itself was concerned with the criminal offence of assault it stands to reason that the same logic applies to the Tort of Trespass to the person with respect to assault. It was held that: "'the means by which persons of evil disposition may intentionally or carelessly cause another to fear immediate and unlawful violence vary according to circumstances".11 Lord went on to add that: "The proposition that a gesture may amount to an assault, but that words can never suffice, is unrealistic and indefensible. A thing said

Overview of the Television Show Glee Essay Example | Topics and Well Written Essays - 750 words

Overview of the Television Show Glee - Essay Example The essay "Overview of the Television Show Glee" talks about a very popular television show ‘Glee’ that has been broadcast all over the world in the recent past; it speaks of a high school atmosphere with children belonging to different backgrounds, coming together to spread love through the gift of music. The children that belong to the Glee Club are not even accepted by the other students going to the school because they may not be as ‘popular’ or pretty as the others in order to be a part of the so-called ‘cool’ social scenes. This is a vast issue that has been affecting children not only across America but on a global basis, merely because peer pressure and social acceptance is something that children coming from different backgrounds and having different opinions have been facing for a long time. The main goal of this show has been spreading social justice among young adults and helping them understand that it is alright to accept different people into their groups. The show has also been able to do an excellent job by cultivating and displaying how its children and students are not able to love themselves and be truthful with themselves about how to deal with life. The first season is based on the social issue of teenage pregnancy and helps to portray how women are thought of when they are going through such problems. Quinn underwent a major amount of hardships when she was pregnant because at first, her fellow students did not support her decision of going ahead with having the baby.

GPA and Universities Essay Example | Topics and Well Written Essays - 750 words

GPA and Universities - Essay Example Students who fail to meet minimum standards in a particular field are usually denied admission to such institutions which results in curbing their enthusiasm as well hope, sometimes leading to despair. GPA (Grade Point Average) secured during higher secondary education is one of the foremost criteria for placing a student in a favorable position for securing admission to an institute of higher learning. However, if one looks into the history of mankind all major discoveries and inventions which have benefitted mankind are not necessarily the products of people who were brilliant as students at a young age. Considering one’s GPA for measuring capability is therefore an erroneous way of evaluation for higher education. It is therefore justified that anyone who has merely attended the minimum academic program should be allowed admission to universities, irrespective of GPA. Research on students’ academic performance at universities the world over has yielded pertinent and variable information which suggests multiple factors for academic performance in later years of education which may be independent of academic levels attained in schools. In fact, many universities across the US as well as in other parts of the world are seriously considering the evaluation of the validity of the admission tests which have been employed for too long without justification. In a study conducted at the University of Michigan, student academic success was evaluated across different units using preadmission indicators such as high school GPA and standardized test scores (www.umich.edu). A number of additional factors like race, ethnicity, gender, socio-economic status, etc. were considered for standardizing the results and the study evaluated academic performance of students over a span of ten years at the university. Although the document available at the universit y website does not give the results of this study, the

Russian Security Strategy of 2007, in regard to the new NATO strategic Essay

Russian Security Strategy of 2007, in regard to the new NATO strategic concept - Essay Example Russia seeks to create a regional security and cooperation system that differs from that of the West so as to ensure Euro-Atlantic regional unity3. The country has adamantly rejected NATO’s (North Atlantic Treaty Organization) further expansion, more so with respect to Georgia and Ukraine. The country seeks to engage several Eastern countries including China, India and Troika in alliances. In this respect, the country intends to oversee the creation of the Collective Security Treaty Organization (CSTO)4. This organization is an alliance of seven countries that are members of the Commonwealth of Independent Sates (CIS). NATO’s new Strategic Concept outlines the roadmap for the security of its member states for the next decade, alliances being one of its areas of core focus5. The Concept focuses on the need for NATO to see the formation of alliances that will see the military based organization maintain its capacity to ensure international stability and collective defence . The Strategic Concept furthermore demands the formation of alliances that will invest in major capabilities to counter or otherwise contain emerging threats and to gain defence against cyber and ballistic missile attacks.

Client's Brief Assignment Example | Topics and Well Written Essays - 1750 words

Client's Brief - Assignment Example In the recent times, the number of civilian arrests that has been made on the lines of substance abuse is increasing. As of the year 2011, the first 6 months of the year witnessed an increase of drug abusers arrest by 20% as compared to that of the previous year. Also, the number of first time drug users has also gone up over the years on a steady basis since the year 2008 (Kirkland, 2011). The charity based organization, The Turning Point, which has its financial funding and support from the local government, provides the female victims of substance abuse the opportunity to recover by making them stay and participate in its indoor program for a period of 6 months. The last 3 months of the abuse removal program enables the respondents to participate in working and studying outdoors. The service offering of the charity comprises of residential rehabilitation programs as well as counselling services to the affected victims. Internal environment – TOWS analysis The TOWS analysis is often used to analyse the competitive position and advantage of the company. It is of considerable importance to mention that the TOWS matrix is a conceptualized framework that helps in a great way in matching the external opportunities and threats with the factors of company or organization specific strengths and weaknesses. Threats Old residents might contact new outdoor residents for selling of drugs. Competition with other organizations in regards to staff availability and volunteers Donor organizations moving to fund other non profit organizations. Opportunities Expanding the charity based organization in to new locations. Increasing awareness among schools and universities in regards to the problems of drug abuse Create union ship with other non profits organization for fund raising activities. Weakness Re-entering of completely healed patients in the world of drug abuse Problem of arranging education and sustainable lifestyle for the cured residents Difficulty in arranging for shelter for the resident females after their exit from Turning Point. Strengths Highly empowered staff and large number of volunteers. Stringent laws to take care and prevent the possibility of running away of residents. Exemption of tax by the corporate of around 2.5 times to the amount donated to Turning Point External environment The external environment comprises of stakeholders, competitors as well as macro and micro based factors of political, economic, social, technological, environmental and legal. Stakeholders Talking about the stakeholders associated with the charity based organization, it can be said that in general lines the entire society is the stakeholder. The reason behind making that statement is the fact that The Turning Point is non profit government funded charity and hence the entire society of Singapore is bound to benefit from a drug addict free environment developed by

Audience use of media texts is inextricably linked to the formation of Essay

Audience use of media texts is inextricably linked to the formation of social identities and the forging of cultural distinctions. Discuss - Essay Example It seems that question is no longer whether it does rather how much and in what manner. In current times we have seen how television has morphed from simply a provider of entertainment and a means of recreation, into a god-creator of a proxy-community – where people are drawn to the images and to the text and use them to form social identities and forge cultural distinctions. The notion of a â€Å"fan culture† is a complex one. There are a whole plethora of reasons why an individual finds himself â€Å"hooked† to a particular television show. When these individuals come together, a whole community is created, a whole subculture is forged, and the fans cease to be peripheral observers and become active agents and manipulators of the text itself. From â€Å"borrowed material†, or the material churned out by television producers, scriptwriters and directors, fans craft a patchwork quilt all their own – fusing their own individual experiences and perceptions and coming up with an entirely new animal resembling in parts, and far removed from, in other parts, the original text. This is the theory posited by Jenkins in the book â€Å"Textual Poachers: Television Fans and Participatory Culture† (1992) where he navigates through the media fan community and demonstrate how the cultural practices within it serve to rework the text and create its own social institutions, with its own hegemonies and rules. In order to explore how media defines social identity and on what level, this paper shall take as an example the success of the 1990 hit television show Twin Peaks. It illustrates that the effect of media on social identity can be both normative and prescriptive. First, the portrayal of young adults in Twin Peaks can be prescriptive in terms of lifestyle and behavior. Second, the developments in television genre occur simultaneously with developments in sub-culture. And that the

The Genesis and Presentation Essay Example for Free

The Genesis and Presentation Essay Orwells point through Winston is that those who care are insufficient on their own, a singly party state of the tyrannical nature of Ingsoc can only be overcome by a combined effort of the people: an uprising of the proles, Winston stands alone and is so crushed beneath the boot of Big Brother. Winstons shares Orwells frustration over the matter of the proletariat, Orwell felt that he could see the world letting its freedom slide into the hands of a select few, he knew that it could be stopped if only people could be convinced that they were losing their liberty. However he also felt that this decent into totalitarian control was inevitable and that the people of the world could never be persuaded to take a stand, we can see this through the words of OBrien when he is torturing Winston: The programme it sets forth is nonsense. The secret accumulation of knowledge a gradual spread of enlightenment- ultimately a proletarian rebellion- the overthrow of the Party It is all nonsense, the proletarians will never revolt, not in thousand years of a million. They cannot The rule of the party is forever, make that the starting-point for your thoughts. 18 Julia is of a similar caste to Winston, in that she represents the politicly active, however she is representative not of those who are benevolently crusading for justice and freedom, instead she represents those who rebel selfishly. She fights for her own good, for physical pleasure, not intellectual freedom as Winston does. Orwell uses her to illustrate another point: she does not require nearly so much reindoctrination at the conclusion of the novel, this is because she is not as true a political activist in Orwells mind. The point he is trying to show the reader through her existence is that those whose dissent is selfish are merely superficially seditious, and their political convictions are irrelevant. Again he shows us that those who stand alone cannot succeed against a totalitarian state. Through Julia and Winston as a pair Orwell demonises the state by showing that it destroys love. The last thing within Winston that is torn from him is his love of Julia, and it is at this point that he makes the change from Man to Shell. The last character OBrien in description seems calm, reasonable, manipulative and easy to talk to, he is glib and quick witted. He is Orwells representative of the Party, he is almost Satanic in the way that he converts and perverts those that try to battle wits with him, he is insidious in spreading the propaganda of the party and converting, then destroying those who rebel. Harbinger of pain and suffering, he is the penultimate evil and representative of all that Orwell hates. Orwell makes him out to be despicable, obviously he is psychopathic, without feeling or remorse, and his sense of morality is so twisted that it is barely recognisable as human sentiment, but Orwells technique goes further than this, he even describes him as physically ugly: There were pouches under the eyes, the skin sagged away from the cheekbones However the Authors purpose in creating OBrien is to primarily to allow him to explore the political message that he wants to write of in more detail. Whilst a generic and simplistic political message such as Totalitarian systems are bad is a relatively simple to encode into the plot of a text such as this, it is far more complex if the author wishes to discuss the specifics of politics. As Orwell was primarily an essayist he was not used to showing his beliefs in such a generalised way as a conventional political fiction would allow, so it was necessary to find a way to examine the political doctrine of a centralised economy in detail, but more than that it needed to be accessible to the average reader. It was with these needs in mind that Orwell devised OBriens role in the plot, it is his discussions with Winston over the party politics that Orwell uses to explore these concepts with the reader. When OBrien explains, it is Orwell who wants to show the reader something. For example Orwell uses OBrien to present his thesis that power is not a means, it is an end. Orwell took great pride in writing prose like a window-pane, he believed in a similar doctrine of writing to Gustave Flaubert, in that a writer should appear no more in his work than God does in nature. However where Flaubert was trying to write a realist novel, Orwells work is more naturalistic in its style. The descriptions are clipped and precise, and flowery language is not to be found within the pages of the novel. His dry, clipped style adds perfectly to the anguish he describes in his foretelling of the future. The book is primarily dominated by narrative, Orwell is only interested in Winstons conversations so far as they serve his political purpose, and outside the Ministry of Love, almost all of Winstons conversations are too censored to show any political belief whatsoever. Therefore Orwell is forced to focus his work on the thoughts of Winston to explore his political ideas. There are certain themes that Orwell uses to better portray the ideas that he wishes to explore. Primarily there is the theme of the destruction of love, Family love: between Winstons family, and between the Parsons family who live next door. Sexual love: between Julia and Winston. Platonic love: between friends. All these ideals the Party has destroyed. This is just a fairly simple way for Orwell to engender a hate for the Party in his reader, a hate which would enhance Orwells political message on the evils of totalitarianism. Other more subtle metaphors and literary methods that Orwell uses are: the glass paperweight is used to represent freedom from the Party. It is bought when Winston first begins to deviate from the Party doctrine, and it is finally smashed by the guard when Winston is captured. Here we see that the coral, like his freedom, was actually far smaller than it appeared within the glass. Through the same area of the book the Rhyme of St Clements is used by Orwell to establish a growing tension, and is symbolic of the inevitable end to Julia and Winstons affair. This happens because as one reads the text the reader doubtless remembers the full poem, knowing the final line Here comes a chopper to chop off your head, it is hard to relax as one sees its approach. This increase in tension serves Orwells political purpose he wishes to focus the reader on the helplessness before the Party that Winston and Julia are victim to, the feeling that their defeat is inevitable adds to this, and is furthered by Orwells use of the Rhyme. Above all Orwells literary methods serve to create a book that has stood as one of the greatest political writings of all time, these techniques have allowed Orwell to write a novel that is impossible to read without being changed forever. Merely skimming through the text for the sake of escapism, which surely was never Orwells purpose, it is inevitable that Orwells political beliefs will leave their mark on the reader. This novel has spawned a thousand fictions of its type, and many great works such as the novel A Handmaids Tale by Margaret Atwood or the film Brazil owe their lineage to the work of Orwell. More than this the ideas that his idea of language as explored in the book have influenced the English tongue forever, words such as Doublethink and Newspeak will go down in the dictionary for all time, as will an adjective that I think he would be proud of Orwellian. However the scope of influence of Nineteen Eighty-four goes beyond literature even beyond language, to the very subject on which he was commenting. Nineteen Eighty-four changed politics forever, Orwells warning, along with others of the time was indeed heeded, and humanity was diverted from a path that could easily have been as self-destructive as that described in the novel. I believe that congratulations are in order to the great man George Orwell for producing a political fiction that has eternally changed mankind, Thankyou. 19 Matt Jackson Bibliography Greenblatt, S. Three modern Satirists: Waugh, Orwell, and Huxley. C1965 Yale University Press. Orwell, G.Letter to Francis A. Henson (extract) [New York Times book review, 31st July 1949. ] [Life, 25th July 1949] Orwell, G. Politics and the English Language Horizon, April 1946 Burnham, J. The Managerial Revolution 1941; John Day Co. Orwell, G. Letter to Roger Senhouse 26th December 1948 Ranald, R. A. George Orwells 1984,1965; Monarch Press. Zamyatin, Yevgeny. We 1972 Penguin (First published in English in the USA 1924) Orwell, G. Letter to F. J. Warburg 31st May 1947 Orwell, G. Nineteen Eighty-four; 1949, Secker and Warburg Distopia [online] [cited 27/03/2002]. Available on the World Wide Web URL: http://www. geocities. com/Athens/Delphi/1634/Distopia. html Rucco, A. A Text Response Guide to George Orwells Nineteen Eighty-four. 1993 Wizard books. 1 Greenblatt, S. Three modern Satirists: Waugh, Orwell, and Huxley. (p. 66) 2 Orwell, G. Letter to Francis A. Henson (extract) [New York Times book review, 31st July 1949. ] [Life, 25th July 1949] 3 Greenblatt, S. Loc. cit. (p. 66) 4 Orwell, G. Politics and the English Language Horizon, April 1946. 5 Burnham, J. The Managerial Revolution 6 Orwell, G. Letter to Roger Senhouse 26th December 1948 7 Ranald, R. George Orwells 1984 (p. 119) 8 Zamyatin, Y. We 1972 Penguin 9 Orwell, G. Letter to F. J. Warburg 31st May 1947 10 Orwell G. Nineteen Eighty-four; 1949 11 ibid. 12 Orwell, G. Letter to Francis A. Henson; loc. cit 13 Distopia [online] [cited 27/03/2002] 14 Yea I need to dig up a couple of references here I know I am working on it; the only catch is I cannot actually remember where I read half this stuff. :(15 Orwell, G. Nineteen Eighty-four Loc. cit. 16 Ok, this idea is essentially one of my own, but it was extrapolated from a point that you made in conversation the other day, I would like to reference this if I can, any suggestions on how to do it? 17 Rucco, A. A Text Response Guide to George Orwells Nineteen Eighty-four 18 Orwell G. Nineteen Eighty-four Loc. cit. 19 Sorry I will do something about the conclusion, I know its wanky but it is 2. 30 in the morning and I think I am losing the ability to construct coherent sentences.