Mary Shelly’s Frankenstein Essays -- essays research papers

Mary Shelly’s Frankenstein Responsibility is the key to experimentation, those lacking the maturity fail. In Mary Shelly’s Frankenstein, Victor Frankenstein experiments in creating life. However creating a monster, the reader finds out that Victor is not mature enough to handle the responsibility of his actions. Even though Victor Frankenstein is the creator/father of the monster, he has characteristics of a child and the monster has the maturity of an adult. When Henry Clerval arrives at Frankenstein’s door after his experimenting, he experiences Victor’s child-like actions. As Victor explains, â€Å"I was unable to remain for a single instant in the same place; I jumped over the chairs, clapped my hands, and laughed aloud.†(36) This shows the sheer giddiness of Victor after being isolated from friends and family for months working on his experiments. Victor was immature when handling the isolation so he bottled up emotions which were let loose when the sight of his friend arrived. Frankenstein even mentions that his actions are child-like when he enters his home. â€Å"I threw the door open forcibly, as children are accustomed to do when they expect a spectre to stand in waiting for them on the other side.†(37) Like a child does, victor could not control his feelings and thus acted out in an irregular manner for an adult. After Frankenstein creates the monster, his actions, also became that of a scared child. â€Å"One hand was stretched out, seemingly to detain me, but I escaped, ...

Patterns in Strategy Formation Essay

A critical summary of the article â€Å"Patterns in strategy formation† written by Henry Mintzberg, published in Journal Management Science Vol. 24, No. 9, (1978) A short overview The paper,†Patterns in strategy formation†, outlines a new kind of description to the much misunderstood process of strategy formation in organizations. After giving a short summary of the theme, the author, Henry Mintzberg, describes the term â€Å"strategy† and shows how the definition leads to the choice of a research methodology. Following this, he details the four steps of research methodology. With to completed, major studies about two organizations (Volkswagenwerk and the United States government in Vietnam) Mintzberg analyzes three central themes. The first is that strategy formation can be viewed as the interplay between a dynamic environment and bureaucratic momentum, with leadership mediating between the two. Second, that strategy formation over periods of time appears to follow distinct regularities, for example life cycles or change-continuity cycles within life cycle. And third the study of the interplay between intended and realized strategies may be central to the strategy formation process. Definition of strategy and the research methodology In the first section of the paper, Mintzberg describes the term †strategy†. Strategy is generally defined, whether in game, military or management theory, as a deliberate, conscious set of guidelines that determines decisions into the future. In common terminology, a strategy is a plan. Mintzberg illustrates that defining strategy as a plan is not sufficient, because if strategies can be intended, surely they can also be realized. A definition that encompasses the resulting behavior is therefore required. The author proposes to define strategy in general as a pattern in a stream of decisions. To clarify this definition of strategy, he introduces a few illustrations. For example, when Picasso painted blue for a time, that was a strategy †Blue Strategy†. This definition of strategy necessitated the analysis of decision streams in a organizations over time periods to detect the development and breakdown of patterns. Therefore Mintzberg subdivided the analysis of the studies into four central steps. 1st step: Collection of basic data. 2nd step: Inference of strategies and periods of change. 3rd step: Intensive analysis of periods of change. 4th step: Theoretical analysis. After giving a brief review of the periods of strategy in two organizations, using the terminology of the research, the author comes to the core of the paper, which is the presentation of some theoretical conclusions about strategy formation. Strategy formation as the interplay of environment, leadership and bureaucracy Mintzberg outlines strategy formation in most organizations as the interplay of three basic forces revolving around the dynamic environment that changes continuously but irregularly, organizational management or bureaucracy that attempts to stabilize the actions of the organizations whilst operating in the dynamic environment, and leadership of the organizations whose role is to mediate between the two forces. From this point of departure, the author provides a definition of strategy and of strategic change. †Strategy can then be viewed as the set of consistent behaviors by which the organization establishes for a time its place in its environment, and strategic change can be viewed as the organization’s response to environmental change, constrained by the momentum of the bureaucracy and accelerated or dampened by the leadership†. Mintzberg illustrates, that the two organizations (Volkswagenwerk and U.S. government in Vietnam) are stories of how bureaucratic momentum constrains and leadership dampens strategic change. In 1965, for example, when the United States government escalated the Vietnam war in a way that made the escalation inevitable, the new leadership, named Johnson, dampened the strategic change, under the environmental and bureaucratic pressures. Also in 1960, when action was needed in the face of an increasingly changed environment, the central leadership of Volkswagenwerk was not forthcoming. Patterns of strategic change According to Mintzberg, patterns of strategic change are never steady, but rather irregular and ad hoc, with a complex intermingling or periods of change, continuity. Even so, he recognizes some patterns in strategy formation that may enable organizations to understand better their strategic situations. The first pattern is the life cycle of an overall strategy, based on four phases: conception, elaboration, decay and death. The author illustrates that the case of Vietnam represents the classic strategic life cycle. The second pattern is the presence of periodic waves of change and continuity within the life cycle. This second pattern suggests that strategies do not commonly change incrementally. Rather, change takes place in spurts, each followed by a period of stability. Mintzberg notes, that nowhere is the change-continuity cycle better demonstrated than in the stepwise escalation of the Vietnam metastrategy. According to the author, the reason for the periods of change and continuity is that human do not react to phenomena continuously, but rather in discreet steps, when changes are large enough to be perceived. In a similar manner, strategic decision processes in organizations are not continuous, but irregular. Based on both studies, Mintzberg notes, that there are dangers in incremental changes. He argues that strategy-makers seem prepared to assume positions in incremental steps that they would never begin to entertain in global ones. On the other hand, global change is very difficult to conceive and execute successfully. According to the author, this is perhaps the strategy-maker’s greatest dilemma. The danger of incremental changes versus the difficulty of global changes. Interplay between intended and realized strategies The author identifies two kinds of strategies: intended and realized. He illustrates, that these two can be combined in three ways: Intended strategies that get realized, which are called deliberate strategies (e.g. the Volkswagen strategy of 1948 to 1958). Intended strategies that do not get realized, which are called unrealized strategies (e.g. Kennedy’s intended strategy of 1961 of advising the Vietnamese). Realized strategies that were never intended, which are called emergent strategies (e.g. the U.S. strategy of finding itself in a fighting instead of advising role). Furthermore, Mintzberg argues that it is possible to find a number of other relationships between intended and realized strategies, such as intended strategies that, as they get realized, change their form and become emergent; emergent strategies that get formalized as deliberate ones; or intended strategies that get overrealized. This view challenges the tenets of planning theory, which postulates that the strategy-maker formulates from on high while the subordinates implement lower down. Mintzberg argues that this dichotomy between strategy formulation and strategy implementation is a false one under certain conditions – e.g. the formulator isn’t fully informed or the environment isn’t sufficiently stable -, because it ignores the learning that must often follow the conception of an intended strategy. According to Mintzberg, another important point is that the formalization of an emergent strategy as the new, intended strategy is hardly incidental to the organization. The author states that the very act of explicating an implicit strategy changes fundamental the attitude of the bureaucracy and of the environment. He further argues that the very fact of making a strategy explicit provides a clear and formal invitation to the bureaucracy to run with it. But the author also notes that sometimes it can be risky to make strategy explicit, notably in an uncertain environment with an aggressive bureaucracy. He makes the point that the strategy-maker may awake one day to find that his intended strategy has somehow been implemented beyond his wildest intentions. It has been overrealized. Conclusion and critique on the paper In my estimation, the paper †Patterns in strategy formation† is very well-written. The author, Mintzberg, first describes what the paper will be all about. After that, he introduces the theme, strategy as a pattern in a stream of decisions, and shows how this definition leads naturally to the choice of a research methodology. After that, he explains the four steps of the analysis he will use to reviews the major periods of two organizations (Volkswagenwerk and U.S. government in Vietnam). By using these major studies he arouses the reader’s interest and creates a fundamental basis to examine and prove aspects, that strategy formation can be viewed as the interplay of environment, bureaucracy and leadership, that that strategy formation appears to follow distinct regularities and that the study of the interplay between intended and realized strategies may be central to the strategy formation process. Furthermore, he admits that this studies constitute a limited data base, but they do call into question a number of assumptions about the process of strategy formation in organizations, e.g. that a strategy is not a fixed plan, that dichotomy between strategy formulation and strategy implementation is a false one under certain common conditions or that it can sometimes be risky to make strategy explicit. Some general conclusions suggested by these studies are complex and very difficult to understand but, nevertheless, the well-disposed reader understands the approach. This is mainly because, he explains his statements on this two studies closely. To sum up, the paper is well-structured and of a good concept. Furthermore, the paper ties in with very important and interesting research-fields in strategy management.

A Tort Law - Free Essay Example

Sample details Pages: 11 Words: 3232 Downloads: 10 Date added: 2017/06/26 Category Law Essay Type Cause and effect essay Tags: Tort Essay Did you like this example? Introduction Based on the question, Mark had suffered property damage due to the fire that was set by the youths. Therefore, we are required to advice Mark in respect of any claims he may have against various parties: the Amber Borough Council (hereinafter ABC), Chigley Services, Home Office, Justin and Jason, and the Fire Brigade. Technically, Mark could bring an action for economic loss under negligence and vicarious liability which are governed by the law of tort. Don’t waste time! Our writers will create an original "A Tort Law" essay for you Create order Since we are advising Mark to take an action for economic loss, we will be discussing pure economic loss before considering the potential liabilities of each party. Economic Loss First and foremost, the law of tort has always been willing to compensate losses resulting from tort that are described as economic with damages[1]. Generally, there are 2 types of economic loss: the consequential and pure economic loss. There is a case which illustrates the difference between the types of loss, Spartan Steel v Martin[2]. Here, the claimant was unable to carry out their operation due to the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s negligence and claim under three heads: firstly, the damage to the metal that was in the furnace at the time of the power cut; secondly, the loss of profit that would have been made on the sale of that metal; and thirdly, the loss of profit on metal which would have been processed during the time the factory was closed due to the power cut. A majority of the Court of Appeal held that the first two claims were recoverable as the first claim belongs to physical damage to property while the second claim categorized as economic loss arising from damage to property. However, the third claim was not recoverable as the court held that it was pure economic loss and due to policy reasons. Thus, pure economic loss is not recoverable as it does not result from damage to property or physical injury but rather claim through insurance by virtue of the case of Marc Rich v Bishop[3]. By referring back to the facts, it was found that the fire set out by the youths had caused damage to the neighbouring property including Markà ¢Ã¢â€š ¬Ã¢â€ž ¢s bakerà ¢Ã¢â€š ¬Ã¢â€ž ¢s shop. Therefore, it is likely that Mark would be able to claim for consequential economic loss. However, each partyà ¢Ã¢â€š ¬Ã¢â€ž ¢s tortious liability needs to be established first in order for Mark to be able to succeed in his claims. Justin Jason Based on the question, the youths who ha d broken into the disused school and set fire to it had been clearing rubbish from a neighbouring stream and were supposed to have been supervised by Justin and Jason, both of whom are Chigley Services employees. However, both of them had gone for a cigarette break and left the youths unsupervised at the time the break-in occurred. Thus, Mark could bring an action against them under negligence. As per Baron Alderson in Blyth v Birmingham Waterworks[4], he defines negligence as à ¢Ã¢â€š ¬Ã…“omission to do something, which a reasonable man, guided upon those considerations, which ordinarily regulate the conduct of human affairs, would do, or doing something, which a prudent and reasonable man would not do.à ¢Ã¢â€š ¬Ã‚ [5] Therefore, in order for negligence to be actionable, there are three main elements to be established as stated by Lord Wright in Lochgelly Iron Co v McMullan[6]: The defendant must owe the claimant a duty of care; The defendant must breach that duty of care; That failure must cause damage to the claimant and the damage is not too remote. Duty of care First and foremost, Mark must prove that both Justin and Jason owe him a duty of care. If he fails to establish this, his suit will be unsuccessful regardless of how careless the defendant is or the defendant carelessness that caused the damage. In regard to the establishment of duty of care, we are required to look into Lord Atkinà ¢Ã¢â€š ¬Ã¢â€ž ¢s groundbreaking judgement in the early case of Donoghue v Stevenson[7]. In this case, Lord Atkin had developed the neighbourhood principle which states that the duty of care is owed to à ¢Ã¢â€š ¬Ã…“persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the act or omission called into questionà ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ [8] Therefore, once the neighbour principle is satisfied, the person will be assumed to have duty of care towards the claimant. Despite a two-stage test was set down in Anns v Merton[9] after the case of Donoghue, in 1990, it has been overruled by Caparo v Dickman[10] which laid down the modern three part test and it was said to be the basic test for duty of care which is still applicable until today. Thus, in order to decide whether there was a duty of care, the court must now consider: Whether the consequences of the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s act were reasonably foreseeable; Whether there is a relationship of proximity between the parties; and Whether in all the circumstances it would be just, fair and reasonable to impose a duty Firstly, the defendant must have foreseen the risk of harm to the claimant at the time he is alleged to have been negligent. As stated by Lord Lloyd in Page v Smith[11], à ¢Ã¢â€š ¬Ã…“the test in every case ought to be whether the defendant can reasonably foresee that his conduct will expose the claimant to the riskà ¢Ã¢â€š ¬Ã‚ [12] By referring back to the question, Justin and Jason were supervising a group of youths from a young offenders institution, hence, it is reasonable to foresee that by leaving the youths unsupervised, it would expose Mark to a certain risk. Even though Justin and Jason might try to argue based on the case of Topp v London Country Bus[13] where the bus company did not owe a duty of care when leaving a bus unattended and joy riders stole the bus and injured the claimant. It is unlikely that they will succeed as the bus was not operating at that time. Secondly, Mark must prove that there is a relationship of proximity between him and the defendants. P roximity must be a legal one rather than factual proximity. Following the case of Sutherland Shire Council v Heyman[14], proximity could be said as involving the notion of nearness or closeness, a nexus or relationship; embracing physical proximity between the parties or their property; concerning proximity in relationships such as employer and employee or of a professional man and his client; including causal proximity in the sense of the closeness or directness between the course of conduct and the loss and injury sustained; or reflecting an assumption by one party of a responsibility to take care to avoid the injury, loss or damage to another, or where a party relies on such care. Based on the question, there is a relationship of proximity between Mark and the defendants as the bakerà ¢Ã¢â€š ¬Ã¢â€ž ¢s shop was located nearby the school. Thirdly, the court must consider whether it is just, fair and reasonable to impose a duty on the defendants. The test of fairness is closely associated and inevitably intertwined with the first two elements. Therefore, it is the judgesà ¢Ã¢â€š ¬Ã¢â€ž ¢ discretion to impose a duty of care if it is just fair and reasonable. Breach of duty of care After proving that there was a duty of care owed to Mark, he must now prove that Justin and Jason have breached the duty of care. The second element of the negligence refers to the standard of care that is appropriate to the duty owed. Therefore, when the party owing the particular duty falls below the standard of behaviour that is required that is required by the respective duty, breach of duty occurs. Before accessing in detail, we must first identify whether Justin and Jason is an ordinary or skilled defendant. Based on the question, it could be seen that they are ordinary person. Therefore, the appropriate standard of care would be based on reasonable manà ¢Ã¢â€š ¬Ã¢â€ž ¢s test and the conduct of Justin and Jason are measured against that of a reasonable person in the same circumstances. In deciding whether there was a breach of duty, the court will take into account the following four factors: the degree of risk involved, the practicability of taking precautions, the seriousness of harm and the social importance of the risky activity. In the case Walker v Northumberland[15], the courts held that the defendants was in breach of their duty due to failing to take reasonable steps to avoid psychiatric injury after knowing of the social workerà ¢Ã¢â€š ¬Ã¢â€ž ¢s likelihood to suffer a subsequent nervous breakdown. This could be a good illustration to the facts of the question because by applying it, Justin and Jason would be in breach of their duty of care for failing to take reasonable steps to avoid the risk involved since the youths had track records of juvenile behaviour to commit offences again. Causation After establishing the first two elements, the third element that needs to be established by Mark is the element of causation. In the ca se of Barnett v Kensington[16], the court adopted the à ¢Ã¢â€š ¬Ã…“but forà ¢Ã¢â€š ¬Ã‚  test in regards to factual causation. By referring to the question, it is certain that à ¢Ã¢â€š ¬Ã…“but forà ¢Ã¢â€š ¬Ã‚  the breach of duty of care by Justin and Jason the incident would not have occurred. Nevertheless, Justin and Jason might rely on novus actus interveniens by stating that the action of the youths, the fire brigade and the Amber Borough Council have break the chain of causation. It is highly likely that Justin and Jason will quote the case of Smith v Littlewood[17] stating that the youths broke the chain of causation by setting the fire. On the other hand, Mark could argue by distinguishing the facts in Smith as the cinema owners in that case did not know about previous acts of vandalism but on the facts the local residents reported that youths had broken into the site on a number of occasions. Remoteness of damage The final element of proof in negligence is whet her there is a causation in law, which also known as remoteness of damage. In order for Mark to succeed in claiming under negligence, it is essential for him to prove that the damage is not too remote. In the case of Wagon Mound 2[18], the court held that the defendants were liable even though the likelihood of harm was low, the seriousness of harm was high and it would have cost nothing to prevent it.[19] Therefore, by applying back to the case, it is highly likely that Justin and Jason would be held liable for the property damage suffered by Mark due to the seriousness of harm and the likelihood of the youths to cause damage. Even though Justin and Jason would argue based on the case of Wagon Mound 1[20] which lies the test of whether the damage is of a kind that was foreseeable and argue that the damage caused by the youths was unforeseeable, it is likely that they would fail. Thus, Mark would be successful in claiming from Justin and Jason. Chigley Services In order to act in the best interest of the client, we could advise Mark to bring an action against Chigley Services under the tort of vicarious liability to claim for damages since Justin and Jason are the employees of Chigley Services. This is because an employer will be in the best financial position to meet a claim rather than an individual and therefore, Mark would be able to claim a higher amount of damage. The tort of vicarious liability is a form of joint liability since an employer is being made liable for the tort committed by his employee. In pursuance of establishing vicarious liability, there are a few elements that need to be established. First and foremost, whether the person committing the primary tort is an employee; secondly, was there a tort that has been committed; and thirdly, was the tort committed in the course of employment or so closely connected to the employment. The court would refer to the Employment Rights Act 1996[21] in determining the employment status. It is no do ubt that Chigley Services is the employer of Justin and Jason and both of them had committed tort. Hence, the only issue that we need to consider would be whether the tort committed was in the course of employment. Mark would argue that both Justin and Jason had carried out an authorised act in an unauthorised manner by having a cigarette break owing to the case of Century Insurance v Northern Ireland Transport Board[22]. Per contra, Chigley Services could bring in the case of Hilton v Thomas Burton[23] to support their rebutment by stating that the tort was committed outside the course of employment and Justin and Jason were à ¢Ã¢â€š ¬Ã…“on a frolicà ¢Ã¢â€š ¬Ã‚ . Therefore, Mark would not be likely to succeed in claiming from Chigley Services by virtue of this case. Home Office Duty of Care Based on the neighbor principle in Donoghue, it is possible for Mark to bring his case against the Home Office to claim for economic loss under the tort of negligence. As discussed above, Mark needs to satisfy the four elements as required so that his claim would be successful. Therefore, the Caparo test would be used again to consider whether the Home Office owes Mark a duty of care. However, it must be noted that since the Home Office is a public authority and act under a statutory duty, the courts are withdrawn from imposing duty due to policy reasons. Policy Reasons The policy reasons are the main consideration for the courts to decide whether or not to impose liability. As stated by Winfield and Jolowicz, à ¢Ã¢â€š ¬Ã…“the court must decide not simply whether there is or is not a duty, but whether there should or should not be one.à ¢Ã¢â€š ¬Ã‚ [24] The liability of public authorities is subjected into misfeasance and non-feasance. In this case, it would be a non-feasance liability and the traditional approach is in the case of Home Office v Dorset Yacht [25] which is very similar to the present case. In Dorset, it was held that the Home Office owes a duty of care towards the claimant as they were in control of the 3rd party and was reasonably foreseeable that harm would result in their action. On the other hand, the Home Office could support their argument by using the case of Lamb v London Borough of Camden[26] as Lord Denning, for a unanimous court, rejects the Home Officeà ¢Ã¢â€š ¬Ã¢â€ž ¢s test for being too expansive and allowing damages to be assessed when they should not. He further stated that in all of these types of cases what really lies behind the judicial decisions is public policy.[27] Besides, the Home Office could reinforce their argument by stating that there was no sufficient proximity between Mark and the Home Office as per the case of K v Secretary of the State for the Home Department[28]. Hence, the court would not impose liability on the Home Office based on policy reasons. Fire Brigade Further, Mark could bring an action against the fire brigade under negligence. Without doubt, it is reasonabl y foreseeable that the fire would continue to spread and caused injury or property damage due to the negligence of the fire brigade and therefore the issue of proximity will be accessed. Based on the case of Hill v CC of West Yorkshire[29], the court will generally render insufficient proximity between public authority and general public. However, Mark could cite the case of Kent v Griffiths[30] to strengthen his argument that the fire brigade owed him a duty of care and there was sufficient proximity between the parties. In this case, Lord Reid stated that if a person who is foreseeable to suffer further injuries by a delay in providing an ambulance and there was no reason why it should not be provided, it is important in establishing the necessary proximity and duty of care in the case. On the other hand, the fire brigade would rely on the case of John Munroe v London Fire and Civil Defence Authority[31] to exclude liability. The fire brigade could distinguish Kent by stating that in the present case, the Amber Valley Fire Brigade was unavailable at that time, which means that they had other duties to carry out aside from Markà ¢Ã¢â€š ¬Ã¢â€ž ¢s. Besides, the other fire engine dispatched from Leicester who got lost because they put the wrong address in the sat-nav may be acceptable as they might be unfamiliar of Amber Valley. Thus, the court would discharge the fire brigadeà ¢Ã¢â€š ¬Ã¢â€ž ¢s liability due to policy reasons. ABC Last but not least, Mark could pursue an action under negligence to claim from ABC as well. The duty of care will be establish if Mark able to satisfy the Caparo test as discussed above. Since the site had broken into on a number of occasions, ABC could be found reasonably liable and there was sufficient proximity between the parties since the bakery shop was nearby the school. The question will lie on whether ABC had breach the duty of care. Mark could apply the case of Miller v Jackson[32] in contrast with Bolton v Stone[33] at his favor. Due to the site was broken into on a couple of times, the likelihood of injury would be high and therefore ABC would be in breach of duty. Besides, the à ¢Ã¢â€š ¬Ã…“but for testà ¢Ã¢â€š ¬Ã‚  also in favor of Mark because à ¢Ã¢â€š ¬Ã…“but forà ¢Ã¢â€š ¬Ã‚  the breach of ABC the youth would not have enter into the site and conduct any offences. However, ABC could challenge on the ground of legal causation and held that the damage done was too remote by relying on Wagon Mound 1. Thus, Mark would be likely to fail in his claim. Conclusion In a nutshell, Mark could pursue an action against these parties but he will only be successful in claiming damages from Justin and Jason. 1 [1] Catherine Elliott Frances Quinn, Tort Law ( 7th edition, Pearson Education Limited 2009 ) pg.27 [2] Spartan Steel Alloys Ltd v Martin [1972] 3 WLR 502 [3] Marc Rich v Bishop Rock Marine [1996]1 AC 212 (HL) [4] Blyth v Birmingham Waterworks Company [1856] 11 Ex Ch 781 [5] Ibid. [6] Lochgelly Iron and Coal Co. v. McMullan [1934] AC1, 25 [7] Donoghue v Stevenson [1932] UKHL 100 [8] Ibid [9] Anns v Merton London Borough Council [1978] A.C. 728 [10] Caparo Industries plc v Dickman [1990] UKHL 2 [11] Page v Smith [1995] UKHL 7 [12] Ibid [13] Topp v London Country Bus (South West) Ltd [1993] CA [14] Sutherland Shire Council v Heyman (1985) 157 CLR 424 [15] Walker v Northumberland County Council [1995] IRLR 35 [16] Barnett v Chelsea Kensington Hospital Management Committee [1968] 1 All ER 1068 [17] Smith v Littlewoods Organisation Ltd [1987] UKHL 18 [18] Overseas Tankship (UK) Ltd v The Miller Steamship Co or Wagon Mound (No. 2) [ 1967] 1 AC 617 [19] Available at https://www.e-lawresources.co.uk/The-Wagon-Mound-No-2.php accessed 17th January 2014 [20] Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd or Wagon Mound (No. 1) [1961] UKPC 1 [21] Employment Rights Act 1996 [22] Century Insurance Co v Northern Ireland Road Transport Board [1942] AC 509 [23] Hilton v Thomas Burton (Rhodes) Ltd [1961] [24] Chris Turner Sue Hodge, Unlocking Torts (3rd edition, Hodder Education, 2010) [25] Home Office v Dorset Yacht Co Ltd [1970] UKHL 2 [26] Lamb v London Borough of Camden [1981]2 All ER 408 (CA) [27] Ibid [28] K v Secretary of the State for the Home Department [2002] EWCA Civ 983 [29] Hill v Chief Constable of West Yorkshire [1988] 2 WLR 1049 [30] Kent v Griffiths [2000] 2 All ER 474 [31] John Munroe v London Fire and Civil Defence Authority [1997] QB 1004 (CA) [32] Miller v Jackson [1977] QB 966 [33] Bolton v. Stone [1951] AC 850, [1951] 1 All ER 1078

Stigma Against The Black Community Essay - 1593 Words

There is a negative stigma against the Black Community as a whole embedded into the American penal system. Stories about police officers shooting young, unarmed black men flood television screens and social media timelines while young black boys are left to wonder if they are next, left to wonder if they will be the next news headline or trending hashtag. In A Question of Freedom, a young Dwayne Betts faces the injustices of prison as a young, black male who was treated as an adult in the eyes of the law. He is forced to grow up in jail and was stripped of his childhood the minute he committed a crime. Black men are not always given a fair chance but Betts uses his time both behind bars and within the years to follow them in order to educate himself as well as others on the realities of life in prison as a growing boy. One could argue that there is an apparent thugification of the black male. Black men are seen are more aggressive and intimidating than their white counterparts by the masses. This could be used to explain why an unarmed black boy who commits a minor crime can see years behind bars, while a young white boy can commit a similar crime and mass media will say that he simply needs help or was a troubled child as he receives no jail time. This is not to say that the system (the American Criminal Justice System) is inherently racist but, simply to say, that it is flawed and needs to enact some major changes. Betts memoir does a good job of highlightingShow MoreRelatedMental Illness And The Black Community Essay1180 Words   |  5 Pagesnot always been taken as serious in the black community. From my research, scholars and medical professionals in the field of mental health spoke on the fact that mental illness is a stigma in the black community and the conversation of this is not happening. There are many factors that contributed to this. 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This idea derives from Brent Staples’ â€Å"Black Men and Public Space† (Revelations 167) and Meta Carstarphen’s â€Å"Black Versus Blue: Time for a Cease-FireRead MoreAfrican American Communities Have Proven To Be A Powerful1536 Words   |  7 PagesAfrican American communities have proven to be a powerful force when banded together in a common goal to prosper in a world where they have not alway s been accepted. These communities are characterized as being formidable, inspirational, resilient, independent and made to endure the impossible. However, these same communities have experienced extreme difficulties, challenges and hardships, including the critical yet silent battle with mental health. Culturally, African American families tend to underestimateRead MoreCan Prejudice Ever Be Eliminated?1094 Words   |  5 PagesCan prejudice ever be eliminated? Prejudice: Discrimination, stereotype against other groups of people/individuals; mindset Racial, Homophobia, Gender, Religious Ever: Absolute term Eliminated: Removed completely The idea of prejudice has been present for several decades now, and is so deeply rooted in our society today. They can be defined as a set of negative and irrational feelings, beliefs, and actions that are directed towards those of a different race, culture and religion. In theRead MoreHistorical And Contemporary Of Ghetto1582 Words   |  7 Pagesenclosed group is ridiculed for something they have no control over. Effectively, the lack of information contributes to mindsets and behaviors that instill a prejudicial behavior against the affected group. As a means to deconstruct the definition of the word ghetto, four characteristics are attached to its makeup, â€Å"stigma, constraint, spatial confinement, and institutional encasement† (Wacquant). Although the ideology about ghettos are negative and irrefutably misinformed, the seclusion actually hasRead MoreHoward Zinn s Development Of Slavery1574 Words   |  7 PagesFurthermore, slaves were taken away, against their will, from their families, homes and countries. The conditions that they were expected to endure during the journey in the Middle Passage were horrendous. However, beginning around the 1860’s many people, blacks and whites included, worked to undermine and abolish slavery. They did so because slavery was inhumane and a crime against humanity. Efforts to undermine slavery were not limited to only blacks, as both blacks and whites contributed to the movementsRead MoreWhite Male Patriarchy1027 Words   |  4 Pagesdefined by White male patriarchy that sanctions Black males to convey the way in which they have been socialized and institutionalized to think, perform, and behave when self- identifying as male. However, the social order of society is structured by a historical system centered among race-based superiority. This notion impedes the development of a true independent identity. Consequently, a struggle arises for distinctiveness, respect, and power. For Black men there becomes a conflict with who he isRead MoreCrime And Imprisonment : The Higher Chance Of Recidivism1569 Words   |  7 Pagesis different. Younger offenders are more likely to recidivate than older offenders (Benedict, Huff-Corzine, Corzine, 1998; Hepburn Albonetti 1994). Male’s recidivate more than female, (BJS). Both male and female prisoners come from different communities, families, but in the male population alone the criminals are sentenced differently. African Americans (63.9 months) were given longer sentences on average, followed by Caucasian s (58.0 months) and Hispanics (52.8 months) (McGovern, 319). Since

Restorative Justice And The Justice System - 1044 Words

Restorative justice has can be seen to have multiple definitions among the most used are: A) a theory of justice that focuses on repairing the harm caused by criminal behavior and B) an approach of justice that aims to satisfy the needs of the victims and offenders, as well as the entire community. The most broadly accepted definition of restorative justice, however, is a process where all the parties that have equal power in a specific offense and collectively come to a solution on how to deal with the proper punishment. This process is largely focused on the participation of victim and offender in aims to provide a healing opportunity. That is to say, it is not a victim-centered approach to criminal justice but also criminal-centered,†¦show more content†¦Though William R. Wood writes in Why Restorative Justice Will Not Reduce Incarceration the practice of restorative justice has been proven very successful for minor offenses among adults and youth in bringing together the offenders, victims, and the community. However, acts of violence and serious offenses com mitted by youths have no place in these resolutions. The act of violence still proves to be highly traumatizing for victims. The high chance of re-conviction of a violent offense and these types of offenses are too complicated to be resolved outside of the judicial system. â€Å"In the United States, Lane et al. looked at the South Oxnard Challenge Project (SOCP), a program for youth offenders that included significant services for youth, as well as a RJ [restorative justice] component in the form of apologies and/or meetings with victims†(Wood). The ideal method behind the restorative justice process is that criminal behavior would be able to be reduced by decreasing the expected impact of criminal activity. Restorative justice is centered in the interest of the victim, the public, and the community. The offender is just to be made aware of their moral wrongdoing and have it be known that their actions will no longer be tolerated. Deterrence is not from legal sanctions, but rather from the negative consequences where the criminal behavior is heightened as a wicked act and therefore the offender becomes shamed. RestorativeShow MoreRelatedRestorative Justice : The Justice System1993 Words   |  8 Pages Restorative Justice in the Criminal Justice System Nathan Tabita Columbia College Abstract Throughout this paper, various articles will be discussed in further detail on the issue of restorative justice within the criminal justice system in the United States. Both benefits and disadvantages of restorative justice will be analyzed, in order to have a greater understanding of the alternative justice program, and to remove any preconceived ideas unsubstantiated by facts. FocusRead MoreRestorative Justice : The Justice System1931 Words   |  8 PagesIntroduction Restorative justice is a comparative newcomer to the world of criminal justice; however restorative justice has been around, ‘officially’- by means of legislation for 14 years, and unofficially (in innovative practice), for longer. The knowledge and skills associated with restorative justice have slowly but surely migrated to other services, such as education, with startling results (Daniels, 2013). With the criminal justice system being so unfair and bias for years maybe even centuriesRead MoreRestorative Justice And Justice System2338 Words   |  10 Pages Restorative justice has some key restorative values that are vital in the restorative justice conference to make the experience ‘restorative’. Concerning addressing victim needs and concerns means for listening, respecting, being non-judgmental, not blaming the victim and apologizing. The RJ system was bought as an alternative to the criminal justice system to give greater emphasis on victim rights and needs, offender accountability and community involvement. Throughout the essay, there will beRead MoreRestorative Justice And The Justice System1905 Words   |  8 Pagestwo forms of justice that the American society has come to know today. One is the traditional justice system and the other is restorative justice. The first half of this paper will provide an overview of how justice is achieved using the traditional due process system of our criminal justice system. Specifically, I will assess each step of due process, pointing out the possible outcomes of how justice is traditionally attained. I will also provide several examples of how the system has successfullyRead MoreRestorative Justice : The Justice System2505 Words   |  11 PagesRESTORATIVE JUSTICE A DEFINITION The Oxford Dictionary defines the word restorative as having the ability to restore (i.e. repair, renovate or reinstate) health, strength or a feeling of well-being. Also, it defines the word justice as the administration of the law or authority in maintaining just behaviour or treatment. Thus, in lay man’s terms restorative justice would mean having the ability to reinstate a feeling of well-being by the administration of the law. Although there is an increasedRead MoreRestorative And Restorative Justice System3870 Words   |  16 PagesRestorative verses Retributive Justice Approaches in Context Background The criminal justice system is a set of agencies and processes established by governments to control crime and impose penalties on those who violate laws. Different jurisdictions have diverse laws, agencies, and ways of managing criminal justice processes. In recent years, it has been debated that the criminal justice system has two primary and possibility conflicting perspectives known as the retributive justice approachRead MoreRestorative Justice : The Criminal Justice System987 Words   |  4 Pagesconcept in the criminal justice arena, restorative justice has become a popular tool in the fields of both victimology and criminology (Doble Greene, 2000). According to Doble Greene, (2000) Restorative justice has been defined as: â€Å"A theory of justice that emphasizes repairing the harm caused or revealed by criminal behavior. It is best accomplished through cooperative processes that include all stakeholders.† Unlike the traditional criminal justice system, restorative justice main focus is on repairingRead MoreRestorative Justice And The Criminal Justice System2380 Words   |  10 PagesTo What Extent Should Restorative Justice be incorporated within the Criminal Justice System in England and Wales? (2500 words) This essay will look into the notion of restorative justice and its relationship with the criminal justice system in England and Wales. Furthermore, it will also seek to show the extent of the relationship that the two hold. I believe that although some academics have provided research on the potential benefits regarding young offenders (Katz, 2000), there are still fundamentalRead MoreRestorative Justice Is A System Of Criminal Justice1948 Words   |  8 PagesRestorative justice is a system of criminal justice that focuses on the rehabilitation of offenders through reconciliation with victims and the community at large. Understanding the definition may be really hard to understand, however when we put it in a different form that many can understand it comes down to repair, encounter and transformation. Our book describes restorative justice in three parts as accountability, community protection and competency development (Sieh, 2006). AccountabilityRead MoreRestorative Justice vs. the Criminal Justice System965 Words   |  4 PagesIntroduction Restorative justice is a humanistic way of addressing the gap that exists between constructive resolution of crime and the institutional systems devised by societies to address crime and manage criminals. The tack that restorative justice takes is to ameliorate the impact of crime on victims and other individuals, and to establish a responsive model of crime prevention and response to criminal incidents. Conventional criminal justice relies on the threat of punishment in order to

Determining The Availability Of Deductions â€Myassignmenthelp.Com

Question: Discuss About The Determining The Availability Of Deductions? Answer: Introducation In the case of FCT V Rowe 1997 the issue that was addressed as to whether the legal expenses that have been incurred in defending the taxpayer in case of disciplinary action is deductible. In determining the availability of deductions, the Federal court referred to the case of Inglis V FCT.In that case; it was provided that the cost of proceeding brought against the public servant by the employer is allowed as deduction (Gitman et al.. 2015). In the current case, the facts are that Mr. Rowe is employed as engineer with the Livingstone Shire Council. He was suspended from the duty and was asked by the council to provide reasons why he should not be dismissed as several complaints were filed against him. In this situation, it can be said that Mr. Rowe has clear and Management threat that he would lose his employment. FCT v Stone (2005) In the case of FCT V Stone 2005, the issue is related to a sportswoman who is successful. The case is related to determination of various amounts received by her should and whether the amount received should be treated as the income received from the course of business activity. It can be seen that although there are certain differences but parallel can be drawn with the person carrying on the business and the sportsperson or artists (Braithwaite, 2017). However, it is important to make a distinction between the people engaged in the artistic or spots activity for pleasure and people engaged in professional activity. The professional persons should be able to make the distinction with the enthusiastic amateurs. The taxpayer enjoying the activity does not preclude the taxpayer from carrying on the business. The distinction is made based on the commercial end of the artist and sportsperson. In this case, it was accepted that the main motivation of the taxpayer was the pursuit of excell ence and the honor for the country (Forsyth et al., 2014). In the case of FCT V Stone 2005, it was decided by the court that the prize money and government grant received should be included as an ordinary income of the taxpayer. In this case, making profit was not the primary motive of the taxpayer but she was aware that success in sports would bring financial reward (Blakelock King 2017). The action of accepting endorsement means that she has turned her talent in sports into an activity for earning money. In this case, the receipt received from sports activity by Joanna Stone should be taxable as the intention was to make profit from the sporting activity. In the case of FCT V Rowe 1997 the ex gratia reimbursement is not included in the ordinary income (Cheshire et al., 2014). In order to determine or to calculate the tax liability it is very much essential to determine the residential status of the individual first. An individual is who liable to pay tax in a country of which he/ she is not a resident. In taxation, the word resident means place of abode of a person in the country for assessing income tax (Richardson et al., 2013). A person who is not a citizen of a country can be held a resident of that country subject to fulfilment of certain provisions. According to subsection 6(1) of the Income Tax Assessment Act 1936, an Australian resident refers to such individuals those who are Migrants, Student who is studying in Australia, Teacher who is teaching academics, working professionals may include pre-arranged contract of employment or may be visitor who came to visit Australia on holidays. In this report it is asked to determine whether Basil will be considered as a resident of Australia for the purpose of taxation or not. Financial process of determination of residential status can be completed in four simple step/ methods. The methods are described below: Primary or Ordinary Test; Domicile Test; Superannuation Test; 183 days Test. In is important to consider each one of the above tests one by one. Primary Test or Ordinary Test If an individual resides in Australia since birth and is not a resident of any abroad country then the individual will be considered as an Australian resident and he/ she will not need to perform any further residency tests. In this case, it is clearly stated that Basils permanent place of abode is in England and he came to Australia for the purpose of employment. Thus, Basil does not satisfy the condition states under ordinary test. Therefore, in order to prove his residential status Basil needs to appear for the other remaining tests. Domicile Test The word Domicile refers to that place where an individual have his/ her permanent place of stay or abode. As per Australian Taxation Office (ATO) an individual can be regarded as an Australian domicile only if his/ her permanent place of abode is in Australia. However if it is spotted by the Commissioner of Taxation in Australia that the individual stays at any foreign country despite of being a resident of Australia then the individual will not be considered as a Australian resident (Kucukvar et al., 2014). It is evident from the fact that Basil came to Australia in August 28, 2015 for employment purpose and prior to this he was staying in England of where he is also a resident. Thus according to the law, Basil cannot be regarded as an Australian resident as far as Domicile test is concerned. Superannuation Test According to ATO, superannuation test confirms that the working employees of the government of Australia who are posted abroad are considered as the resident of Australia. This test is clearly not applicable in case of Basil as he not an employees of Government of Australia and thus he does not qualify the superannuation test. As per guidelines mentioned in the ATO, if any individual remains in Australia for a period of more than or equal to 183 days or half an income year with breaks or without any break then that person will be considered as a resident of Australia since the time of his/ her arrival. It is found in the case that Basil came to Australia for employment purpose on 28th August 2015 to stay for about 3 years. Thus, it is evident that Basil satisfied the conditions required by 183 days test and hence he can be regarded as an Australian resident for taxation purpose since his arrival in Australia. The section 4-1 of the Income Tax Assessment Act 1997 provides that an individual, company or other entity is required to pay tax on their taxable income. The section 4-15 of the Income Tax Assessment 1997 clearly provides that taxable income should be calculated by deduction allowable deductions from the assessable income. The assessable income can be classified into ordinary income and statutory income. The section 6-5 of the Income Tax Assessment Act 1997 provides that income according to the ordinary concept is known as ordinary income and it should be included in the assessable income. The income that is not an ordinary income should be included as a statutory income as per section 6-10 of the Income Tax Assessment Act 1997. The income that should be included in the assessable income is dependent on the residential status of the taxpayer. It is provided that under 6-5 and 6-10 of the Income tax Assessment Act 1997 income received by the resident taxpayer from all the sources sho uld be included in the assessable income. On the other hand, if the taxpayer is not resident then income from Australian sources are only taxable. In this case, as discussed earlier Basil should be treated as resident for the purpose of tax. Therefore income received by Basil should be treated accordingly and it is discussed below: The salary income received should be included in the assessable income. The basic salary of $12000 per month should be included in the included in assessable under section 6-5 of the ITAA 97. The section 15-2 of the Income Tax Assessment Act 1997 states that allowances and benefits provided by the employer to the employee should be included in the assessable income. The rent subsidy received from employer is a fringe benefit and should be included in the assessable income (Lignier et al., 2014). The motor vehicle is provided for the personal benefit so it is a benefit provided by the taxpayer and should be included in the assessable income. This should be included in the assessable income as per section 5-2 of the ITAA 97. The phone account paid by the employer is a benefit and should be included in the assessable income. The holiday trip was received as performance award and should be included as the assessable income. Basil is regarded as a resident of Australia for the tax purpose hence income from any source should be included as the assessable income. The income received from rent of house in England should be included as an assessable income. The dividend income should be included in the assessable income. The gain made on England and Australian shares should be included in the assessable income. The income received from selling antique chair should be included in the assessable income Reference Blakelock, S., King, P. (2017). business law: The advance of ATO data matching.Proctor, The,37(6), 18. Braithwaite, V. (Ed.). (2017).Taxing democracy: Understanding tax avoidance and evasion. Routledge. Cheshire, L., Everingham, J. A., Lawrence, G. (2014). Governing the impacts of mining and the impacts of mining governance: Challenges for rural and regional local governments in Australia.Journal of Rural Studies,36, 330-339. Forsyth, P., Dwyer, L., Spurr, R., Pham, T. (2014). The impacts of Australia's departure tax: Tourism versus the economy?.Tourism Management,40, 126-136. Gitman, L. J., Juchau, R., Flanagan, J. (2015).Principles of managerial finance. Pearson Higher Education AU. Kucukvar, M., Egilmez, G., Tatari, O. (2014). Sustainability assessment of US final consumption and investments: triple-bottom-line inputoutput analysis.Journal of cleaner production,81, 234-243. Lignier, P., Evans, C., Tran-Nam, B. (2014). Tangled up in tape: The continuing tax compliance plight of the small and medium enterprise business sector. Richardson, G., Taylor, G., Lanis, R. (2013). The impact of board of director oversight characteristics on corporate tax aggressiveness: An empirical analysis.Journal of Accounting and Public Policy,32(3), 68-88.

kenny Essays - Baseball Pitching, Batting, Baseball Rules, Baseball

Baseball Story Baseball has been providing us with fun and excitement for more than a hundred and fifty years. The first game resembling baseball as we know it today was played in Hoboken ,New Jersey, on June 19, 1846. The New York Nine beat the New York Knickerbokers that day, 23-1. The game was played according to rules drawn up by Alexander J. Cartwright. A surveyer and amateur athlete. It is a myth that Abner Doubleday1 invented baseball. It was Alexander Cartwright, not Abner Doubleday, who first laid out the present dimensions of the playing field and established the basic rules of the game. The first Professional baseball team was the Cincinnati Red Stockings, who toured the country in 1869 and didn't lose a game all year. Baseball began to attract so many fans that in 1876 the National league was organized-the same National league that still exists today. Although the game was played in 1876 it was recognizable as baseball-nobody would confuse it with football or basketball-it was quite a bit different from baseball as we know it now. For example, pitchers had to throw underhand, the way they still do in softball;the batter could request the pitcher to throw a "high" or "low" pitch; it took nine balls, rather than four, for a batter to get a base on balls; and the pitching distance was olny 45 feet to home plate. The rules were gradually changed over the following 20 years, until by about 1900 the game was more or less the same as it is today.