World War I And America - 1148 Words

Rose Hernandez Professor Flowers History 106 4 December 2015 World Wars and America Before America stepped into World War I and II, nations around the world were not getting along. The fear of radical change and the fear of not having peace and freedom lingered in the air, meanwhile, America did not want to be in any part of both wars. It wasn’t until the U.S. came under attack that they stepped in to help fight off the enemies. America entered both wars in order to bring back peace as well as promote democracy and ideas of freedom, which led them to being a world power. At the beginning of World War I, President Wilson did not want the United States to participate in the war. America remained uninvolved until German submarines attacked the Lusitania in May of 1915, which included 124 Americans on board who were killed. President Wilson felt that the attack gave them a reason to enter the war, and on April 2, 1917, he went to Congress to declare war against Germany. After declaring war, it was revealed that Arthur Zimmerman was trying to convince Mexico to be on Germany’s side of the war so that if they won the war, Germany will retrieve the land that the U.S. took from Mexico. It was also around that time that the Russian Revolution took place after Vladimir Lenin overthrew the czar. The following year in January, Wilson released his Fourteen Points that summed up his hopes for order between nations and also mentioned making the world safe for democracy as well as openShow MoreRelatedThe World War I, America2051 Words   |  9 PagesIbarra Ms. Knochenhauer APUSH – Period 4 24 April 2015 APUSH Research Paper Following World War I, America turned inward and began to focus on itself. Yet, coming home from war Americans were also fearful of communism due to the recent Bolshevik Revolution where Lenin and the Bolshevik party gained control of Russia and made it communist. This scare led to drastic changes within our nation’s borders as America fought to keep communist influence out of its borders. This was such an impactful eventRead MoreWorld War I And America983 Words   |  4 Pages1939 is when World War 2 started, and everything In the United States started to change. The American government started to recognize the new immigrants, and the government saw their children as loyal Americans. On December 7, 1941, Japan attacked the American naval base at Pearl Harbor, Hawaii. One day after the attack President Franklin D. Roosevelt to declare war on Japan. This has opened a lot of up doors of opportunity for change for American minorities, as American Indians who were exposedRead M oreAmerica s World War I1725 Words   |  7 PagesBefore World War I, America had been primarily an isolationist nation with little dealings with the world. As time went on America took more of a role in world affairs. With World War II and the post war, America took its place as one of the most dominant nations in the world. Post war, America’s economy led the world and helped rebuild war ravaged nations. Government efficiency in the economy and increased production led America to emerge as one of the biggest economic powerhouses in the world. BeforeRead MoreWorld War I And Its Effects On America1703 Words   |  7 Pagesthe U.S. entered into World War, it had already been raging for some time. Between the assassination of Archduke Franz Ferdinand during the tension between Austria-Hungary and Russia for the sake of dominance, the increasing competition from Japan for Chinese trade, and the increasingly offensive tactics of Germany concerning the U.S., the American population began to contemplate whether or not America should get involved, a topic that is still debated to this day. World War I and its effects wereRead MoreEffects Of World War I On America1425 Words   |  6 PagesEffects of World War I on America Basic Work Rough Draft World War I was a bloody and gruesome war that drew in many countries from around the world. It lasted from July 28, 1914 to November 11, 1918. As mentioned, there were many countries involved in World War I. These countries were separated into two clashing alliances: The Triple Entente, involving the powers of France, Britain and Germany; as well as the Central Powers which involved the powers of Germany, Austria-Hungary, the Ottoman EmpireRead MoreAmerica s Entrance Of The World War I1640 Words   |  7 PagesPeriod 3 19 May 2017 Former American president Woodrow Wilson said in 1917 relating to World War I,  ¨This is a war to end all wars. ¨ Although this was not the most accurate quote as World War II followed the first, World War I was one of the bloodiest wars ever fought. The war had 37 million casualties with another 19.7 million wounded. One of the events that lead to the start of the war was the assassination of Austro-Hungarian Archduke Francis Ferdinand and his wife by Serbian nationalistsRead MoreIsolationism in Post-World War I America1451 Words   |  6 Pagesisolationist sentiment stems from the fact that America is geographically isolated from the rest of the world. American isolationist sentiment was at its peak in the years following World War I. In the war of 1914-1918 that had set the stage on which Hitler now strutted, no people had been more reluctant combatants, and few more disappointed with the result, than the Americans(Kennedy, 385). After losing more than fifty thousand young troops in a war that was viewed to be unnecessary, the AmericanRead MoreShould America Join World War I? 674 Words   |  3 Pages### appears to be part of Esssay 384218##World War 1, also known as The Great War, is the fifth-deadliest conflict in history. It was mainly a battle for independence between countries, and until April 6, 1917 the U.S. had tried to pull away from it. Only about 20% of America had actually wanted to get involved, while about 80% had voted against any American involvement. When the American passenger boat known as the Lusitania had been destroyed by German U-boats and the Germans had broken their promiseRead MoreWorld War I And Its America s Economy1248 Words   |  5 PagesWorld War I and its Empact America s Economy World War One(WWI), also known as The Great War was the world s first global conflict. This was a war between the Allied powers and the Central Powers. The allies included Great Britain, France, Russia, Italy and of course the United States. The countries they fought against were known as the Central Powers this consisted of Germany, Austria-Hungary, Ottoman Empire and Bulgaria. WWI was an global war centred in Europe. This war affected the UnitedRead MoreThe Reasons Behind America Joining World War I727 Words   |  3 Pagesinterests. Thus, the United States must join the Allies in The Great War and defend our country, her interests and her allies overseas in Europe. In this paper the reader will be introduced to the pros and cons of America joining the fight against the Central Powers, and why it is essential that the country put up a strong fight against the enemy and become involved with the war. Of the advantages of America joining the world war, one of them is protecting our investments and interests overseas.

Case Analysis Mylan Pharmaceutical Company Essay

Many companies often engage in activities that are viewed as unethical for one reason or another. For example, the Mylan pharmaceutical company with regards to their recent price hiking EpiPen dispute. Mylan is one of the largest global pharmaceutical companies in the world. They market many products to other companies, governments and even sell retail directly to customers. This large company claims to have strong Corporate Social Responsibility attitudes and has a goal for themselves to increase access to affordable healthcare among other things. Their mission statement also says that they want to â€Å"Provide the world’s seven billion people access to high quality medicine† (â€Å"About Us†). However, a current event has drastically gone against this statement and asks the question of if Mylan is actually focused on being ethical and achieving their Corporate Social Responsibility goal as it seems unattainable to accomplish this by drastically raising p rices. Recently, their prices of the EpiPen has shot up radically and they are having issues explaining and presenting appropriate information why to the public and Congress. In order to prove the unethicalness of these actions I will be applying the Egoist and Utilitarianism ethical theories to get two sides of the story. By doing so I hope to be able to show that Mylan does not have any ethical grounding for what they are currently doing, and that they are partaking in immoral activities that helps neither themselves orShow MoreRelatedThe Use Of Epinephrine Without Medical Training2172 Words   |  9 Pageson the battlefield. It was later approved for use with epinephrine, the trade name for adrenaline, for anaphylaxis. The manufacturer who gained the approval in 1987 was acquired by Pfizer and they sold the rights to the device to Merck. Mylan Pharmaceuticals purchased the marketing rights to the EpiPen in 2007 which at the time, cost about $57 each. Today EpiPens inflict pain on the patient who needs them with a price tag of more than $600 per pack of two. This is an increase of approximatelyRead MorePresident Donald Trump Political Analysis1563 Words   |  7 PagesWednesday said they would vote for Democratic candidates, compared to 36 percent of the 1,500 participants who would vote for Republicans in congressional races. The poll was conducted between Dec. 24 and 26. Yet despite the national trends, latest analysis shows West Virginias Senate race, which is being held by Democratic Sen. Joe Manchin, as being the only competitive contest in the Mountain State in terms of federal seats. Sabatos Crystal Ball rated West Virginias Senate race as leans DemocratRead MoreUnited States Response For Corporations From Fleeing The U.s. And Integrating Abroad2907 Words   |  12 PagesDefining Corporate Inversion †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 5-6 c. Historical Analysis and Political Response †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦... 6-7 d. Research Question †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 7 e. Hypothesis †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 8 f. Significance of Study †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 8 III. Literature Review †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 8-10 IV. Methodology †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 10-12 a. Research Design †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 10-11 b. Data Collection †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 11-12 c. Data Analysis †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 12 V. Anticipated Findings/Impact †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Read MoreImpact of Lipitor Patent Expiry on Pfizer.4174 Words   |  17 PagesConclusion 11 Executive summary: This report is about the impact of patent termination of Lipitor on Pfizer pharmaceutical company. Lipitor has been in the market since 1997 and is the mother of all drugs. (wsj_live, 2011) As of November 30th 2011 Pfizer lost the patent of Lipitor opening path to generic competitors for America’s most popular medication and now all generic producing companies will be able get hold of the patent and produce their own stock legally. Pfizer was the first to earn 11$ billionRead MoreFinancial Reporting, Financial Statement Analysis and Valuation a Strategic Perspective, 7th Edition James M. Wahlen, Stephen P. Baginski, Mark Bradshaw14514 Words   |  59 PagesCHAPTER 1 OVERVIEW OF FINANCIAL REPORTING, FINANCIAL STATEMENT ANALYSIS, AND VALUATION Solutions to Questions, Exercises, and Problems, and Teaching Notes to Cases 1. Value Chain Analysis Applied to the Timber and Timber Products Industry. Exhibit 1.A below contains a depiction of the value chain. The links in the value chain are as follows: 1. Timber Tracts: Plant and maintain timber tracts (Weyerhaeuser) 2. Logging: Harvests timber (Weyerhaeuser) a. Sawmills: Read MoreThe Reasons For Health Care Essay2295 Words   |  10 PagesHealth care cost continues to rise every year, making it almost impossible for some to seek medical care. The U.S. Commerce Department Bureau of Economic Analysis announced that health care spending rose 9.9% in the first quarter of 2014, the largest quarterly increase in more than 30 years (7 Reasons for Rising Health care costs). Health care should be affordable to everyone no matter their financial status, sometimes those that need it the most are unfortunate and cannot obtain it. How is it thatRead MoreEssay on Top 50 Global Pharma Companies 2014 Pharmaceutical Executive3859 Words   |  16 Pageswww.PharmExec.com PHARMACEUTICAL EXECUTIVE Pharma 50 ELECTRONICALLY REPRINTED FROM JUNE 2014 A Pharma 50 Insight: The Accelerating Growth of Specialty Markets By Waseem Noor and Michael Kleinrock, IMS Rank 1 2 3 4 5 6 7 8 9 10 Company headquarters [website] Photo: Thinkstock highlight of the Pharma 50 ranking over the last few years is the steady upward trajectory of companies with a strong franchise in specialty medicines. Specialty markets are appealing to companies that have a strongRead MoreCritical Analysis of Using of Social Media in Recruitment3325 Words   |  14 Pages------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- CRITICAL ANALYSIS of using of SOCIAL MEDIA in recruitment ------------------------------------------------- CRITICAL ANALYSIS of using of SOCIAL MEDIA in recruitment ------------------------------------------------- Executive Summary In this report I have critically analysed Biocon’s recruitment policy keepingRead More3m Pharma Health Care Market Analysis19832 Words   |  80 Pagesfor 3M (DDSD) in Europe. 2. Project Objectives: The objectives of this project are: * To explore contract pharmaceutical manufacturing and packaging market. * To identify, the European contract pharmaceutical market. * To explore the competitive advantage of European contract pharmaceutical market. * To determine the selection criteria for pharmaceutical companies for outsourcing. * To identify, the main competitors of 3M health care DDSD in Europe for oral dosage form. Read MorePharmaceutical Industry Ethical Practices13569 Words   |  55 Pages| Ethics in Corporate Society | | PHARMACEUTICAL MARKETING-the growing ethical concern? Analytical Report | | | Madiha Raza Noama Naeem Sheikh Zargham Zaigham LETTER OF AUTHORIZATION November 5, 2011 Dear Readers, As students of BBA, our course instructor of Ethics in Corporate Society, Ms. Tania Danish authorized us to make a report on the â€Å"PHARMACEUTICAL MARKETING-the growing ethical concern?† We were required to make a report in accordance to our learning in the course

The Limitations of Exclusion Clauses Free-Samples for Students

Questions: 1.What is an Exclusion clause? 2.What does by notice mean?3.What are the two rules for Incorporation of an Exclusion clause by notice?4.Determine whether the Contract term is reasonable. 5.Is the Exclusion clause in our case applicable? Answers: 1.An exclusion clause can be stated as such a term in the contract, which has the power of restricting the liability of an individual. In order for an exclusion clause to be legally binding, it has to be properly incorporated into the contract. It has to be brought to the notice of the parties or be signed by the parties. In addition to this, an exclusion clause cannot reduce, extinguish or limit the applicability of a statute or a common law, and it can also not oppose such legislative frameworks. If such is present, the exclusion clause is automatically invalid. In case an exclusion clause is discovered to be such which is incorporated into the contract, after a contract has been made, the same cannot be binding and is deemed as not valid (Abbott, Pendlebury and Wardman, 2007). This was famously established in two legal scenarios, of Thornton v Shoe Lane Parking Ltd (1971) 2 WLR 585, along with in the matter of Olley v Marlborough Court Ltd (1949) 1 KB 532. The verdict of both these case held the exclusion clause as having no legal backing. In the first case, the exclusion clause was stated at the back side of the ticket, which Thornton could not see. And in the second case, the exclusion clause was created after the main contract had already been established and so, it was held as not valid (Mulcahy, 2008). For an exclusion clause to be lawful, the same has to be brought to the attention of the party against whom the same is inserted in the contract. In the legal scenario of Chapelton v Barry UDC (1940) 1 KB 532, as the ticket contained at the backside of it an exclusion clause, which was not brought to the attention of Chapelton when he was given the ticket, due to the absence of proper or reasonable notice, the exclusion clause could not be held as binding. The crux of another, i.e., of Thompson v London Midland Scottish Railway (1930) 1 KB 41, was that the exclusion clause cannot be referred at some other place and had to be contained in the contract (Roach, 2016). In cases, where an exclusion contract is contained in the contract itself, the same would be binding. And this lawful binding nature of such an exclusion clause would be upheld even if the same has not been read by the other party, as was provided in the legal scenario of L'Estrange v Graucob [1934] 2 KB 394. Here, the written contract had been signed by parties, though the same had not been read (Swarb, 2017a). However, when a representation is made regarding the terms contained in the exclusion clause, being misleading in nature, the rule given in is not upheld, as was highlighted in the case of Curtis v Chemical Cleaning and Dyeing Co [1951] 1 KB 805 (E-Law Resources, 2017a). The Unfair Contract Terms Act, 1977, through its various sections contains the provision regarding exclusion clause. Section 3 of this act provides that the liability of the violating individual has to be written as standard terms of the business. As per this section, the exclusion clause is not valid till the time it can fulfill the need of it being reasonable (Legislation, 2017). Section 11 of this act provides the provisions pertaining to the reasonableness of the exclusion clause. This section presents that the term would have met this obligations, when the same had been reasonable and fair point to have been included in the contract based on the prevalent conditions, which were either known or should have been known to the arty to the contract, when the same was formed. Hence, both of the points of reasonableness and fairness has to be established at the time of formulation of contract and cannot be mere demonstration of knowledge of the events occurring in reality. The reasonableness can be further determined through Section 2 of this act, which contains the guidelines for the reasonableness of the contract. So, the reasonableness and proper incorporation of the exclusion clause are its limitations (Legislation, 2017). In this case, the exclusion clause was not incorporated in the contract. Further, it was not brought to the attention of the parties and was stated at some other place. A reasonable individual would not have known the existence of such an exclusion clause, unless the same was brought to his notice. Hence, due to lack of proper incorporation and reasonableness, the exclusion clause in this case is invalid (Marson and Ferris, 2015). 2.Negligence is defined as being a breach of duty of care, which was owed by an individual to another and the result of which is in the form of injury, loss or harm to such other person. In short, it is the failure of the obligation on part of the individual who owed a duty of care to another (Latimer, 2012). For making a case of negligence, it has to be shown that the loss was foreseeable and a direct causation between the injuries received to the other party and the breach of duty of care. Once a case of negligence is proven, the injured party can apply for damages given as monetary compensation (Harvey and Marston, 2009). For establishing a case under negligence, the first element which needs to be present is the duty of care (Legal Services Commission, 2016). A threefold test was given by the Court of Appeal in the matter brought towards it under Caparo Industries plc v Dickman [1990] 2 AC 605, 618. As per this test, there needs to be a reasonable foreseeability, there has to be proximity amid the two parties, and lastly, there has to be a fairness, justness and reasonableness in the imposed liability (Lunney and Oliphant, 2013). Due to the damages not being foreseeable, in Bolton v. Stone [1951] AC 850, [1951] 1 All ER 1078, Stone was not negligent and no damages were awarded to the plaintiff (Swarb, 2016a). Another landmark case in this regard is the case of Donoghue v Stevenson [1932] UKHL 100. In this case, the manufacturer was held negligent for failing in ensuring that the ginger beer bottle was safe for consumption, as a dead snail was found in such bottle, which made the plaintiff sick (Briti sh and Irish Legal Information Institute, 2017). The next step deals with showing that a breach of this duty occurred. In a leading matter of Paris v Stepney Borough Council [1951] AC 367, the court provided that the Council failed in their duty of care, by not providing Paris with the required protective gear and which resulted in his good eye being blinded (Martin and Lancer, 2013). In Vaughan v Menlove (1837) 132 ER 490 (CP), as the defendant did not consider the warnings regarding a possibility of fire owing to improper ventilation, he was held in negligence (Commonwealth Legal Information Institute, 2017). The final step is to show that there is a direct causation between the undertaken negligence and the injury. If the damages are too remote, a case of negligence would not hold. In the Wagon Mount case or the Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd [1961] UKPC 2, due to the remoteness of damages, the damages were not awarded for the negligence which took place (H2O, 2016). The elements of breach of duty include likelihood of loss, as established in Bolton v Stone, the seriousness of loss, established through the Wagon Mound case, the costs of prevention, which was established in the case of Latimer v AEC [1953] AC 643 and the utility of the conduct of the defendant as held in Watt v Hertfordshire [1954] 1 WLR 835. In Latimer v AEC, the defendant had taken reasonable precautions and hence, there was no breach of duty. In Watt v Hertfordshire, the emergency nature of the situation and the conduct of defendant which required saving of lives more important than taking the precautions, held that no breach of duty could be present (Oughton and Harvey, 2015). Some of the defenses which can be used in cases of negligence include the eggshell skull rule and contributory negligence. The first one relates to the frailty of the party injured. And the other one relates to the breach of duty by the aggrieved party themselves, which they owed to themselves (Rush and Ottley, 2006). The test for damages includes the but for test, Barnett v Chelsea Kensington Hospital [1969] 1 QB 428, whereby it is compared whether such loss would have occurred if the act of defendant had not taken place. If such would still have happened, the defendant is not liable. The foreseeability of damages is another test for damages, as held in Wagon Mound and Vaughan v Menlove case. Another test is the substantial factor test as per which if a number of causes could have resulted in harm, than any such cause would be held as a substantial factor for the liability (Strong and Williams, 2011). 3.In this case, Jess was the preparer of the drink, who had to ensure that while preparing the drink, she was careful. She had to make certain that she did not make any mistake. A mistake, like the one she made, would have resulted in loss. So, the three fold test is satisfied here, due to the presence of foreseeability of an injury being caused if the wrong ingredients were mixed. There was proximity between Jess and Bill and, if a penalty is imposed on Jess, it would be fair and just for the injury caused to Bill. To establish the breach, the but for test can be applied. The injury which was caused to Bill would not have occurred in absence of mistake undertaken by Jess. Jess failed to take the taken reasonable precautions and her conduct could not justify her actions. Hence, based on the tests mentioned in previous segment, there was a breach of duty by Jess. For establishing the cause of damages due to breach of duty on Jesss part, the but for test is again applicable. This is coupled with the foreseeability of a damage resulting from the undertaken negligence. And lastly, this was amongst one of the factors which could have triggered the high blood pressure of Bill. Due to the presence of all the requisite factors of negligence under this case, Bill can sue Jess for damages in form of monetary compensation, as a result of him being sick, due to her breach of duty of care. 4.A liability arising out of the agency law, which is a strict liability, is held under the doctrine of vicarious liability. Under this, the employer is held responsible for the work done by its employees, to a third party. This principle is drawn from the agency law which holds a principle liable for the acts of their agent to a third party. In order to establish vicarious liability, there needs to be presence of three elements, i.e., the relationship of an employer-employee, the occurrence of negligence, and in the course of employment. The rationale behind this is that the third party is unaware about the authority of the employee and so, the employer has to be liable for the work done on his behalf (Giliker, 2010). In order to establish the employer-employee relationship, certain tests can be applied. The first one is the control test as held in the case of Zuijs v Wirth Brothers Pty Ltd [1955] HCA 73. As per this test, the exercise of control determines this relationship, instead of an actual control (Australasian Legal Information Institute, 2017). A part and parcel test was given in the case of Stevenson, Jordan Harrison Ltd v MacDonald Evans [1952] 1 TLR 101. The different between a contractor and employee was held to be the difference between contract of service and a contract of services. In the former, the individuals are employed under a contract; and in the latter, the individuals are employed under a contract of services. In the first, it can be stated that something has to be done and in a particular manner, and in the latter, it is stated what is to be done (Swarb, 2017b). Another test in this regard was given in Stevens v Brodribb Sawmilling Co Pty Ltd [1986] HCA 1, which is the multiple indicia test, and which was later affirmed in Hollis v Vabu Pty Limited (2001) 207 CLR 21. As per this test, the relationship had to be seen in totality to establish the presence of employer-employee relationship (Find Law, 2017). A mixed test was established in Lee Ting Sang v Chung Chi-Keung [1990] UKPC 9. As per this, the use of own tool or taking business risk, along with such factors had to be regarded in light of economic reality to differentiate between the two (Swarb, 2016b). Wearing uniform is a sign of presence of this relationship, as was held in Humberstone v Northern Timber Mills (1949) 79 CLR 389 (Swarb, 2016c). In order for Bill to hold Thomas and Zhang Wei responsible, for the negligence of the Jess while making the coffee at Artillery, there is a need to adopt the principle of vicarious liability. But to show that, the employer-employee relationship, has to be established. The monthly salary given to Jess, payment of taxes, along with wearing of uniform shows an employer- employee relationship. However, the lack of holidays or sick days and health care makes her an independent contractor. The employer-employee relationship is further supported by use of equipment and recipes of Artillery and hence, Jess was an employee of Artillery. Due to presence of employer-employee relationship, negligence and occurrence during work, Bill can sue Thomas and Zhang Wei for vicarious liability 5.Remedies are the relief awarded by the court to the party whose side is successfully established. And they are not punishing in nature, they are just meant to put the individual as he was before the negligence occurred (Latimer, 2012). In other words, when a case of negligence takes place, the injured party is awarded certain damages, to put the individual in such a place, as they would have been, in case the negligence had not taken place, as was held by the House of Lords, in Addis v Gramophone [1909] AC 488 (E-Law Resources, 2017b). Parke B in Robinson v Harman (1848) 1 Ex Rep 850 held that breach damages have to be awarded in such a form that the victim is able to compensate the losses incurred by them (Swarb, 2015). There are two forms of remedies which can be awarded for negligence, the first is damages and the second is injunctions. The damages can be further subdivided into two parts, the one for direct loss and the other for the indirect one (Statsky, 2010). The direct loss relates to the monetary compensation as was held in Donoghue v Stevenson. And indirect losses relate to the damages for mental distress, as were awarded in the case of Baltic Shipping v Dillon High Court of Australia (1993) 176 CLR 344 (Holmes, 2017). The injunctions held in stopping an individual from undertaking negligence. These can be prohibitory mandatory or interim injunction. The House of Lords in case of Morris v Redland Bricks Ltd [1970] AC 652 held that a mandatory injunction could not be granted till the time there was a strong possibility that a serious damage would be caused to claimant if the same is not given (Swarb, 2017c). In American Cyanamid v Ethicon [1975] AC 396, 408, it was held that for interim injunction, the merits of the case are not investigated unless a serious question is to be contended in the court based on the balance of convenience (Ramlugon, 2014). In this case, Bill can claim for the direct damages, in form of monetary compensation. The indirect damages could also be claimed upon by Bill, he lost his wallet and insurance card, which caused him mental distress. An injunction order can also be made by Bill against Jess, to ensure that she does not work again in such a negligent manner. References Abbott, K., Pendlebury, N., and Wardman, K. (2007) Business Law. 8th ed. London: Thomson. Australasian Legal Information Institute. (2017) Zuijs v Wirth Brothers Pty Ltd [1955] HCA 73; (1955) 93 CLR 561 (15 December 1955). [Online] Australasian Legal Information Institute. Available from: https://www.austlii.edu.au/au/cases/cth/high_ct/93clr561.html [Accessed on: 02/05/17] British and Irish Legal Information Institute. (2017). Donoghue v Stevenson [1932] UKHL 100 (26 May 1932). [Online] British and Irish Legal Information Institute. Available from: https://www.bailii.org/uk/cases/UKHL/1932/100.html [Accessed on: 02/05/17] Commonwealth Legal Information Institute. (2017). Vaughan v Menlove. [Online] Commonwealth Legal Information Institute. Available from: https://www.commonlii.org/uk/cases/EngR/1837/424.pdf [Accessed on: 02/05/17] E-Law Resources. (2017a) Chapelton v Barry UDC [1940] 1 KB 532. [Online] E-Law Resources. Available from: https://www.e-lawresources.co.uk/cases/Chapelton-v-Barry.php [Accessed on: 02/05/17] E-Law Resources. (2017b) Addis v Gramophone [1909] AC 488 House of Lords. [Online] E-Law Resources. Available from: https://e-lawresources.co.uk/cases/Addis-v-Gramophone.php [Accessed on: 02/05/17] Find Law. (2017) What is an independent contractor and how does an independent contractor differ from an employee?. [Online] Find Law. Available from: https://www.findlaw.com.au/articles/4515/what-is-an-independent-contractor-and-how-does-an-.aspx [Accessed on: 02/05/17] Giliker, P. (2010) Vicarious Liability in Tort: A Comparative Perspective. Cambridge: Cambridge University Press. H2O. (2016) Wagon Mound (No. 1) -- "The Oil in the Wharf Case". [Online] H2O. Available from: https://h2o.law.harvard.edu/collages/4919 [Accessed on: 02/05/17] Harvey, B., and Marston, J. (2009) Cases and Commentary on Tort. 6th ed. New York: Oxford University Press. Holmes, R. (2017) Mental Distress Damages For Breach Of Contract. [Online] Victoria University of Wellington. Available from: https://www.victoria.ac.nz/law/research/publications/vuwlr/prev-issues/pdf/vol-35-2004/issue-3/holmes.pdf [Accessed on 02/05/17] Latimer, P. (2012) Australian Business Law 2012. 31st ed. Sydney, NSW: CCH Australia Limited. Legal Services Commission. (2016) Negligence. [Online] Legal Services Commission. Available from: https://www.lawhandbook.sa.gov.au/ch01s05.php [Accessed on: 02/05/17] Legislation. (2017) Unfair Contract Terms Act 1977. [Online] Legislation. Available from: https://www.legislation.gov.uk/ukpga/1977/50/contents [Accessed on: 02/05/17] Lunney, M., and Oliphant, K. (2013) Tort Law: Text and Material. 5th ed. Oxford: Oxford University Press. Marson, J., and Ferris, K. (2015) Business Law. 4th ed. Oxford: Oxford University Press. Martin, J., and Lancer, D. (2013) AQA Law for AS Fifth Edition. 5th ed. Oxon: Hachette UK. Mulcahy, L. (2008) Contract Law in Perspective. 5th ed. Oxon: Routledge. Oughto, D., and Harvey, B. (2015) Law of Torts. 8th ed. Oxford: Oxford University Press. Ramlugon, A (2014) A Review Of The American Cyanamid Principles The Meaning Of Adequate Remedy. [Online] Bargate Murray. Available from: https://www.bargatemurray.com/a-review-of-the-american-cyanamid-principles-the-meaning-of-adequate-remedy/ [Accessed on: 02/05/17] Roach, L. (2016) Card and James' Business Law. 4th ed. Oxford: Oxford University Press. Rush, J., and Ottley, M. (2006) Business Law. London: Thomson Learning. Statsky, W.P. (2011) Essentials of Torts. 3rd ed. New York: Cengage Learning. Strong, S.I., and Williams, L. (2011) Complete Tort Law: Text, Cases, Materials. 2nd ed. Oxford: Oxford University Press. Swarb. (2015) Robinson v Harman; 18 Jan 1848. [Online] Swarb. Available from: https://swarb.co.uk/robinson-v-harman-18-jan-1848/ [Accessed on: 02/05/17] Swarb. (2016a) Bolton v Stone: HL 10 May 1951. [Online] Swarb. Available from: https://swarb.co.uk/bolton-v-stone-hl-10-may-1951/ [Accessed on: 02/05/17] Swarb. (2016b) Lee Ting Sang v Chung Chi-Keung: PC 8 Mar 1990. [Online] Swarb. Available from: https://swarb.co.uk/lee-ting-sang-v-chung-chi-keung-pc-8-mar-1990/ [Accessed on: 02/05/17] Swarb. (2016c) Humberstone v Northern Timber Mills; 16 Nov 1949. [Online] Swarb. Available from: https://swarb.co.uk/humberstone-v-northern-timber-mills-16-nov-1949/ [Accessed on: 02/05/17] Swarb. (2017a) LEstrange v F Graucob Limited: CA 1934. [Online] Swarb. Available from: https://swarb.co.uk/lestrange-v-f-graucob-limited-ca-1934/ [Accessed on: 02/05/17] Swarb. (2017b) Stevenson v MacDonald: 1952. [Online] Swarb. Available from: https://swarb.co.uk/stevenson-v-macdonald-1952/ [Accessed on: 02/05/17] Swarb. (2017c) Morris v Redland Bricks Ltd: HL 1969. [Online] Swarb. Available from: https://swarb.co.uk/morris-v-redland-bricks-ltd-hl-1969/ [Accessed on: 02/05/17]

Two and Three Tier Architecture Essay Example

Two and Three Tier Architecture Paper Two and three tier architecture gives a model application for developers to create a flexible and reusable application. The application is broken up into tiers and this allows the developer to just modify or create a layer instead of having to re-write the whole application again. Two tier architecture is a client-server architecture. In a two tier architecture the client talks directly to a server, with no intervening server(s). It has two hosts – the server and the client. Where the server controls both the application and the data. The client sends a request to perform a task to the server and the server responds by using the data stored on it and performs the task. It is mostly used where there will be small numbers of clients sending requests. Three tier (also known as multi tier) architecture is a client, server and database architecture. It is more efficient than the two tier architecture because the server performs the task but the data is stored on the database. The client sends a request to the server to perform a task. The server then sends the request to the database. The database finds the relevant data and sends it back to the server. The server then processes the data and sends the result to the client. It is a longer process but the tasks are performed a lot more efficiently than a two tier architecture because, using the example in (iii) instead of the server processing all the students grades the server application is serving up a single grade (a single number, rather than many) which is a reduces network traffic in comparison to the two tier architecture. Three tier architecture is most commonly used for building web applications. ii) (iii) An example of a two tier architecture A system that students in a school can use to find out what grade they are receiving in each of their classes. The program is structured so that a database of grades resides on the server, and the application resides on the computers in the school that the students will interact with (client). When the student wants to know their grades, they log on to the school web site and use the program designed to get their grades. The program sends a query to the database, and the database responds with all the students grades. The application uses the data to calculate the students grade, and displays it for them. The two tiers are: 1. Data server: the database serves up data based on SQL queries submitted by the application. 2. Client application: the application on the client’s computer computes the data and presents it to the student. An example of a three tier architecture A website that answers questions for clients eg. Askjeeves. com The web browser is a web browser. The application that changes the client’s question into code is the server application. We will write a custom essay sample on Two and Three Tier Architecture specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Two and Three Tier Architecture specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Two and Three Tier Architecture specifically for you FOR ONLY $16.38 $13.9/page Hire Writer The server then queries the database for the question the client asked and returns the data to the client. (iv) The three tier architecture would suit Arrows because all the data on customers, the car, the bill, etc. can be stored on a database and a server can be used to access this data. While if a two tier architecture was used then the data would have to be stored on the server and this would lead to the system being slow, as there is so much data to be stored and accessed. References: www. scribd. com www. dotnetfunda. com www. slideshare. net www. posa3. org www. virtu-software. com

Providence and Provision

Providence and Provision Providence and Provision Providence and Provision By Mark Nichol Providence and provision, and their forebear provide, all ultimately pertain to the notion of foresight. This post discusses these words and others with the same origin. That ancestor word is videre, the Latin verb meaning â€Å"see,† which gave birth to providere (â€Å"see ahead†). Provide’s literal sense extended to the figurative meanings of â€Å"act with foresight† and â€Å"prepare.† The noun form provision, originally used in the context of a church official’s appointment to a position not yet vacant, later also meant simply â€Å"something provided† and came to pertain, in plural form, to food supplies provided for a certain purpose, such as an expedition. (One who provides, meanwhile, is a provider.) Proviso, Latin for â€Å"provided,† refers to an introduction of a contractual condition or stipulation. Purvey, cognate with provide, is not as common as the latter word, but one who provides is sometimes referred to as a purveyor, as in a mercantile context. (The word took that form based on a passage through Old French and Anglo-French.) Purview, meaning â€Å"a range† or â€Å"a limit† or â€Å"the essence of a statute,† entered English by way of Old French and Anglo-French, descended from the same word as purvey. Provedore, likely from an Italian dialect by way of Portuguese and Spanish, is a synonym of purveyor, as is proveditore, which in the Republic of Venice also referred to a government official. Providence, which literally means â€Å"foresight,† had an implication of divine guidance as well as a secular connotation first in Latin and then in Old French as well as in English; in the religious context, the English word is often capitalized. Improvidence is the failure to foresee or prepare; the adjectival forms of the antonyms are provident and improvident. Cognate synonyms are prudence/prudent and imprudence/imprudent (the last word not to be confused with the unrelated word impudent, meaning â€Å"immodest† or â€Å"insolent†), which refer more broadly to discretion, shrewdness, or wisdom or the lack thereof. Improvisation, and the verb improvise, are also descended from providere, in the sense of improvised, or unprepared, behavior being unforeseen. The truncation improv refers to extemporaneous presentation, especially a spontaneous musical performance or a comedy routine, the latter sometimes based on topical prompts from audience members. (Improve and improvement are unrelated.) By extension, to improvise is to do something without forethought, as when reacting to an emergency or another unexpected situation. Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Vocabulary category, check our popular posts, or choose a related post below:Definitely use "the" or "a"Writing the CenturyWords That Begin with Q

MIDDLE EAST Essays - Western Asia, Arabian Peninsula, Free Essays

MIDDLE EAST Essays - Western Asia, Arabian Peninsula, Free Essays MIDDLE EAST MIDDLE EAST Regional Makeup- There are three main regions that make up the Middle East. The Fertile Cresent it includes the countries of Iraq, Syria, Lebanon, Isreal, and Jordan. It is a 1000 mile long area of, fertile land and is shaped like a cresent moon. Another region is the Highlands it includes the countries of Turkey, Iran, and Afghanistan.A sereies of mountain ranges stretch through these countries. They are the Taurus Mountains,Elburz Mountains, and the Zagros Mountains.A third region is the Arabian Peninsula it is bordered by the Red Sea, Persian Gulf and,Arabian Sea. Its land area is about 1 milloin squaremiles Saudi Arabia the largest country in the Middle East takes up much of the area. Much of the rest is covered by the Rub' al-Khali or the empty quarter. Physical Features- There are many physical features made up of water such as seas the Red, Mediterranean, Dead, Caspian, Arabain, and Black. Rivers the Euphrates and Tigris are the main rivers. Straits the Bosporus and the Dardanelles. Gulfs Aden, Persian, and Oman. There is also two plateaus the Iranian and the Anatolian and three main mountain chains Zagros, Elburz, and the Taurus. Deserts the Rub' al-Khali (empty quater). Lifestyles- If you lived in the Middle East you would probally not have much money and no material things. You have to work all day to survive the types of work you would probally be doing is herding sheep,weaving baskets,selling fruit at the markets,and trading goods. Languages- Pastro,Dari,Farsi,Turkish,Kurdish,Arabic,Persian,Hebrew,English,French, and Armenian. Major agricultural,manufactured, and exported products- Exports-Crude Oil,Petroleum, Services, Machinery,Diamonds, and Natural Gas. Imports-Motor Vehicles, Machinery,Food,and Crude Oil. Agriculture-sheep and fruits. The thing that interested me most about the Middle East is that if you are a muslim you must visit Mecca at least once in your life if you can afford it. That interests me because if you are catholic you do not have to visit Vatican City home of the Pope. Another thing that interested me about the muslim religion is that you must pray in the direction of Mecca wich is the most holy city in the muslim religion. Extra tidbits of information- In our textbooks it states that three major religions were started in the Middle East they were Judism,Christianity,and Islamic but I found out that a fourht major religion was also started there it is Zoroastrianism. The meaning for the word muslim is "Those who surrender to gods will" In sixth century B.C. the Persians overran the whole Middle East and set up a ruling system that became the model for all later empires.

Improvement for Students Assignment Example | Topics and Well Written Essays - 500 words

Improvement for Students - Assignment Example Current practices in universities for seminars are that they invite guest speakers and they deliver briefly about the topic. Universities can improve the pattern of conducting seminars as seminars are fruitful in providing knowledge of the actual corporate world which is totally different from the student life (Education system 'needs urgent improvement'_(News) Article from Cape Times (South Africa) HighBeam Research). Normally, guest speakers in the seminars are at the leading post in the leading companies. An interactive session of seminar can improve the standard of seminars which can also help students when they enter professional lives. Interactivity in seminars can be created by not only delivering what speaker knows but also by giving them real life examples and situations to think how to act on those. Graphic novels are kind of comic books which have text based on the likings of teenagers and youngsters (Graphic Novels). Such novels can also be considered as literature as they have stories similar to the novels but are presented in a different writing style. These novels are considered as literature as it consist text related to literature as it has the written composition and has its own importance.