Psychiatrict-negligence in Tort Law Essay Example | Topics and Well Written Essays - 1250 words

Psychiatrict-negligence in Tort Law - Essay Example The following research examines liability and the probable outcomes. The modern tort of negligence as observed in numerous cases requires the existence of a care duty that the claimant owes the defendant, violation of duty and considerable injury or sabotage, which emanates from that violation.2 Every previously mentioned aspect of the case in the given case is subject to assessment and establishment in every claim against the defendant, for any suit against the defendant to yield positively. Foremost, it is essential to delineate the range of the members that owe a duty of care. Negligence essentially deals with paying damages to victims of an accident, resulting from other parties’ carelessness. If a duty of care is indistinct in the given case, then the tort of negligence is not necessary from that point when analyzing that situation. In this study, determining who owes the other a duty of care as the fire incident occurred is immensely dependent on Lord Atkins’s nei ghbor principle that prescribes a framework for analyzing the validity of duty of care. Negligent liability of psychological harm thus depends on a test called the neighbor principle.3 The foremost action by the court when determining liability for payment of damages a conduction of the neighbour test. The court further enquires whether there existed core policy considerations that dictated that not duty of care and eventual liability for damages should exist. Moreover, the prescribed requirements before imposition of a duty of care include the foreseeability of the damage, a proximal linkage between the involved parties; both criteria should be under justifiable and reasonable circumstances.4 However, that criterion is not essentially necessary. The aspect of foreseeability refers to what a reasonable person would have predicted in the imminent circumstances and is ubiquitous in the offense of negligence. It is founded on the Atkins’s neighbor rule, but can pose as a test th e remoteness of damage and violation of rightful duty where the loss ought has to be foreseeable as a probability.5 Proximity refers to the legal rather than physical proximity and is relevant considering whether the involved persons and parties are neighbors in the law, such as Eric and the Dwain’s knitting needle factory. Though this test has a shallow framework, other factors that enhance the determination of liability for negligence tort include damage types of economic loss, personal injury, property sabotage and psychological damage, which is relevant to our case of study. Other considerations are whether the damage was through omission, was through a third party and if the defendants are under a special law classification. In the light of this accident, Eric suffered physical injury from the flames, fumes and the hassle of saving the trapped people in the burning factory. Eric is thus, a primary victim. Dwain as a defendant in this scenario is a neighbor to Eric and th erefore owes Eric a duty of care. It is Eric’s legal right to live in a stress free life, and his neighbor, the knitting needle factory is liable to compensate him for any harm he experiences,

Historical Research Method Paper Example | Topics and Well Written Essays - 1500 words - 1

Historical Method - Research Paper Example This step involves spotting, locating, and collecting data pertaining to the topic of research. The information sources are usually contained in documents such as records, newspapers, relics, photographs, and interviews with people who have experienced or have knowledge of the research subject. Such interviews are called oral histories. †¢Ã‚  Evaluation of materialsEach data source must be evaluated for accuracy and authenticity since they can be affected by various factors like economic conditions, prejudice, and political climate. Sources must pass either an external criticism; the process of determining the trustworthiness, authenticity, or validity, or internal criticism; the process of determining the accuracy or reliability of the information collected. Firsthand information by event witnesses, for example are classically assumed to be more accurate and reliable. †¢Ã‚  Data synthesis and preparing a reportSynthesis is the selecting, structuring, and analyzing the mate rials gathered into central concepts and topical themes. Thesis themes are then joined to form a meaningful and contiguous whole. A literature review of where and how historical materials research method is used in the academic "business" literatureThis will give a description of the relevant literature in business. Historical research method can be used in market research to enable organizations stay fine tuned in business. It can help organizations to penetrate the wants and needs of customers and the techniques.

The Esoc Board Essay Example for Free

The Esoc Board Essay As mentioned in Lecture 3 and the textbook, most logic circuits today are built using programmable logic devices (PLDs). These devices allow circuits to be built directly onto single chips, without the need for interconnection of separate, single purpose ICs. The eSOC II (electronic System-on-a-Chip) board is designed to allow a direct interface between the Quartus II software and the Altera Cyclone II EP2C8 FPGA. The board provides an interface to the chip, along with supporting interface hardware. Details about the construction and use of the eSOC II board are available in the eSOC II Users Guide supplied with the board. The following is a summary of data taken from that Guide. The eSOC II board is shown in Figure 1 (taken from the User Guide from Arches Computing Systems). The board contains the Altera FPGA (in the center), a 24 MHz clock source (U8 to the left of the FPGA), and numerous input switches and output displays. Figure 1 – eSOC II Board (from User Guide September 6, 2006) There are three types of input switches, single-pole-double-throw (SPDT) toggle switches (S1 and S2), debounced push-button (SPST) switches (DB0 and DB1), and non-debounced push-button switches (B0 – B3). Bouncing is a mechanical effect where a switch rapidly alternates between â€Å"on† and â€Å"off† when pressed as the metal contacts make and break connection as the parts â€Å"bounce† off each other. A debounced switch is designed so that any closure produces a single on to off or off to on indication. The output features include red LEDs (RED0 – RED7), green LEDs (GRN0 – GRN7) and two seven-segment displays (Digit0 and Digit1). The FPGA uses a random access memory (RAM) technology. This will be explained in a later course, for now the key concept is that a program is stored and maintained only as long as the power is applied (like a document you forget to save, the data disappears when the power is removed). This means that every time the eSOC II board is turned off, the program in the FPGA is lost. There is a method to save a program using a different type of memory that is on the board. This memory, U3, stores the program even after power is removed. This feature will be explored in a later course.

Life and works of John Steinnbeck Essay example -- biographies bio bio

John Steinbeck was probably the best author of all time. He was the winner of a Nobel Prize, and along with many other accomplishments, Steinbeck wrote twenty-five books, including sixteen novels, six non-fiction books and several collections of short stories during his lifetime. Seventeen of his works, including The Grapes of Wrath, Cannery Row, The Pearl, and East of Eden, went on to become Hollywood films, some appeared multiple times, as remakes. Steinbeck also had some success as a Hollywood writer, receiving an Academy Award nomination for Best Story in 1944 for Alfred Hitchcock's Lifeboat. Many of his life experiences are shown through his novels. Someone can tell, by reading one of Steinbeck’s novels that he had been through a lot, throughout his life. Also, Steinbeck worked hard to accomplish everything that he did, during his lifetime. Nothing came easy for him, and had to earn everything on his own, and this helped him in his works. He also had the ability to write about real people and real experiences. John Steinbeck got his inspiration from his life experiences such as people he knew, and places he had spent time at. Many of Steinbeck's views of the world are shown through his novels. Some of Steinbeck’s most influential works are included in this paper and are summarized, to show how many Americans living in poverty today can relate to some of Steinbeck’s works which are also set during a recession era. Growing up in Salinas Valley, Steinbeck had the chance to spend a lot of time outdoors. His uncle used to take him on fishing trips, and spent time visiting his mother’s grand-fathers' farm near King City, it gave him a large respect for nature. Later on he became a caretaker on a large piece of land at Lake Tahoe, ... ...life experiences, events, and people which makes it easier for the reader to connect if they too had the same experiences first-hand. Although John Steinbeck has been gone for awhile, his legacy continues to thrive on Americans today. Steinbeck’s influence not only flourishes across the United States but has also been all around the world. His influnces have also attracted the attention of film production studios in which the have created movies based upon stories from Steinbeck. His legacy is also continued through high school reading, a study by the Center for the Learning and Teaching of Literature in the United States found that Of Mice and Men was one of the ten most often read books in public high and independent schools. Steinbeck has been honored in many ways having, places dedicated to him and having his name inducted into the California Hall of Fame.

Haefren-Baum Case

Name of the business: Haefren Baum GmgH Nature of the business: Haefren Baum is a retailer of high quality home furniture located in Cologne, Germany. They have also added three outlet stores in Rhineland, a nearby suburban area. Marketing Analysis: Haefren retails high quality furniture manufactured by Wiegandt has advertised aggressively in order to build and maintain a strong brand image. Haefren benefited tremendously from the successful marketing provided by Wiegandt. Wiegandt has However, because the nature of the product is high-end and durable, sales are subject to fluctuations of the business cycle.During the economic boom leading up to 1993 Haefren, as well as the industry in general, enjoyed strong sales. However, the economic bust in 1993 has slowed sales growth. Decreased consumer confidence caused industry sales growth to decrease from 42. 9% in 1992 to 9% in 1993. Haefren experienced negative sales growth during this period. Haefren has a strong competitive position; h owever, it is quickly deteriorating. The addition of 3 outlets give Haefren an opportunity to capture a wider market than it currently has. However, new competitors entering the market are all competing for stagnant demand.European retailers are also entering the German furniture market which makes it even harder for Haefren to maintain its competitive advantage. Operations Analysis: Haefren obtains its merchandise directly from the manufacturer, Weigandt. Weigandt has provided â€Å"fairly liberal† credit terms which include a discount for early payment (2% 10, net 30). However, they have jeopardized their lose credit terms because of inefficiencies with their receivables, inventories, and fixed assets. A major issue that Haefren needs to address is the delinquency of their customers accounts.From 1993 to 1995, days sales outstanding have increased to 77 days, which is dramatically higher than the 30-day monthly installment terms. This delay in collection is creating cash fl ow problems for Haefren. It is causing them to fall behind on their payments to Weigandt and miss out on significant savings from the early payment discount. The increase in its collection period was expected in 1993 due to the worsening economy. However, the economy is now improving and Haefren’s collection period is still increasing. This signals to inefficiencies within the company’s collection department.Perhaps, they should even consider increasing the down payment required to establish credit. The sluggish sales in the furniture industry can account for the increase in inventory days. Haefren inventory in 1994-1995 stayed on the floor for around 129 days before it was sold. The longer period that they are holding inventory is increasing their cost of goods sold. Not only are they holding inventory for a longer period of time, but they are also underutilizing their fixed assets. Fixed asset turnover decreased for Haefren from 1993-1994. They constructed three new outlet stores which should have helped them with sales.However, due to the sluggish demand, these new fixed assets are not returning the sales they were supposed to. Haefren needs to consider whether these outlets are worth the investments. They could potentially benefit from sending inventory from their retail store to the outlet sooner. Even if they have to sell it at a discount, if they do not lose money on it, the lower revenue would be more beneficial. It appears that Haefren might be experiencing problems with human resources as well. They carry a debt account for notes payables for employees.This account reflects loans that have been made from the employees, or their relatives, to the company. Why are they borrowing from employees? This could potentially come from accrued wages, which would be an even greater issue. Financial Analysis: Haefren’s funding has come from bank loans and utilizing credit from its vendors. Funding needs increased due to the addition of 3 new outlet stores. These outlet stores have increased Haefren’s debt over the three years in questions. Along with this new debt, two of the original partners sold their shares to the other two partners.It seems like there are too many changes going on at Haefren all at once. In regards to cash flows, Haefren is performing poorly. Cash flows from operations are unhealthy and the total cash on hand has declined over the three years in question. Total cash flow from operations is positive, however, they appear to be driven by depreciation. Their negative net income (net loss), is not driving operations cash flow in a positive direction. They are also carrying a great deal of inventory which is consuming their cash. In order for them to drive up net income they need to find a way to decrease their inventories.Accounts receivables are also impacting cash flows in a negative way. A/R have increased each year, which can be attributed to the weak economy. This drag in A/R is causing the m to receive cash-in after cash goes out. Their cash flow problems are evident when analyzing their account payable days. Wiegdant has given them competitive terms (2% 10, net 30), however, Haefren cannot meet those terms. Their account payable days have increased to 66 days. It is taking them twice as long to repay their current liabilities. All of these cash flow problems are having a negative impact on their liquidity.Their quick ratio is increasing from year to year, but it is being driven by inventories. Their Current ratio also appears to be ok; however, it is being driven by accounts receivables. Although they appear to going in the right direction, it is not a good sign for Haefren. Inventories and receivables are also driving down operating margin. The positive cash flow from investments reflects the addition of the three new outlets. Investing in long term assets is a good thing. Ideally, the addition of these assets (outlets) should have led to higher revenues for Haefren . However, they invested in those assets at the wrong time.Their sales growth (revenues) cannot support the addition of the outlets. Weak sales led to a negative return on equity and the addition of the three outlets led to a negative net profit margin. The interest being paid on the current debt in 1995 was 3. 08% of their net sales. Haefren cannot handle any more debt without first making significant changes to their operations. Summary: A weak economy has led to Haefren poor financial conditions. They expanded at the wrong time, right when the economy went sour. They also need to handle their inventories and accounts receivable in order to avoid further cash flow problems.

Mexican History Significant Dates Timeline

Escape in Tennessee Williams´ The Glass Menagerie - 626 Words

In Tennessee Williams drama The Glass Menagerie, Williams uses symbolism and foreshadowing to show how the little things in peoples lives can be the escape of the reality of daily problems that they may face, main example being Lauras glass figures. Story is introduced with Tom, the protagonist and narrator of the story. The other characters are his sister Laura, and his mother Amanda, who is the antagonist. An imperative element about the story is that it is not told in the narrators present time, but is entirely based of his memories. Tennessee Williams did that to place an emphasis on the mood of the story through Toms point of view. In the story, Amanda and Tom constantly fight because of Amandas harassment, which in turn is causing Tom to be both unhappy and restless. She resents how Tom likes to spend his time. He likes to drink and watch movies, but Amanda taunts him for wanting to pursue his own dreams instead of working to support his family. So every character in the story faces a certain dilemma. Tom hates his job, while Amanda wants to make changes to Laura so that she can be more outgoing. Which in turn causes Laura not be at ease. But Laura is true to her character, she doesnt get angry, but is extremely shy. Some messages in the story jump out at you, such as the difficulty of accepting reality, and how people cant truly escape their problems. The central mood is that of despair. As the story progresses, each character is working through aShow MoreRelated Dreams of Escape in The Glass Menagerie by Tennessee Williams2189 Words   |  9 Pages     Ã‚   In The Glass Menagerie, Tennessee Williams presents us with four characters whose lives seem to consist in avoiding reality more than facing it. Amanda lives her life through her children and clings to her lost youthfulness. Tom retreats into movie theaters and into his dream of joining the merchant seamen and some day becoming a published poet. Laura resorts to her Victrola and collection of glass ornaments to help sustain her world of fantasy. Finally, Jim is only able to find some reliefRead MoreEscape from Reality in The Glass Menagerie by Tennessee Williams680 Words   |  3 PagesEscape from Reality in The Glass Menagerie by Tennessee Williams The Characters Escape From Reality in The Glass Menagerie The Glass Menagerie by Tennessee Williams centers around a dream of escape. Although everyone wants to escape from a different reality, they all feel that need to get away. The father is the most successful in his escape because he never has to deal with anything at home. He actually leaves and doesnt look back. As for the other four: Laura, Amanda, Tom, and Jim, they seemRead MoreIllusion Vs. Reality In The Glass Menagerie By Tennessee Williams1022 Words   |  5 Pagesillusions on someone. In The Glass Menagerie Tennessee Williams uses metaphors, the fire escape, and Laura’s glass menagerie to emphasize how the characters retreat to their world of illusion to escape from reality. Williams uses Laura’s glass menagerie to exemplify how the characters retreat into their private world of illusion. Because of Laura’s defects, she feels as if others do not accept her. She makes a world of illusion to escape from reality. Her glass menagerie represents this kind of worldRead More Essay on the Symbolism of the Menagerie in The Glass Menagerie1002 Words   |  5 PagesThe Symbolism of the Menagerie in The Glass Menagerie      Ã‚   Tennessee Williams play, The Glass Menagerie, describes three separate characters, their dreams, and the harsh realities they face in a modern world.   The Glass Menagerie exposes the lost dreams of a southern family and their desperate struggle to escape reality. Williams use of symbols adds depth to the play. The glass menagerie itself is a symbol Williams uses to represent the broken lives of Amanda, Laura and Tom Wingfield andRead More Comparing the Life of Tennessee Williams and Glass Menagerie707 Words   |  3 PagesParallels in the Life of Tennessee Williams and The Glass Menagerie   Ã‚  Ã‚   Tennessee Williams is one the major writers of the mid-twentieth century. His work includes the plays, The Glass Menagerie and A Streetcar Named Desire. One theme of The Glass Menagerie is that hopeful aspirations are followed by inevitable disappointments. This theme is common throughout all of Williams work and throughout his own life as well. It is shown through the use of symbols and characters.    I haveRead More Escape Mechanisms in The Glass Menagerie Essay1333 Words   |  6 PagesEscape Mechanisms in The Glass Menagerie In Tennessee Williams’ play, The Glass Menagerie, all four members of the Wingfield family have chosen to hide from reality. Amanda tries to relive her past through Laura, and denies anything she does not want to accept. Laura is terrified of the real world, and choses to hide behind her limp, her glass menagerie and the victrola. Tom hides from his reality by going to the movies, writing poetry, and getting drunk. Mr Wingfield hides from hisRead More Essay on Stagnant Lives in Streetcar Named Desire and Glass Menagerie1196 Words   |  5 PagesStagnant Lives in Streetcar Named Desire and Glass Menagerie   Ã‚  Ã‚   The Stagnant Lives of Blanche DuBois and Amanda Wingfield  Ã‚  Ã‚   All of Williams significant characters are pathetic victims--of time, of their own passions, of immutable circumstance (Gantz 110). This assessment of Tennessee Williams plays proves true when one looks closely at the characters of Blanche DuBois in A Streetcar Named Desire and Amanda Wingfield in The Glass Menagerie. Their lives run closely parallel to one anotherRead More Essay on The Glass Menagerie and the Life of Tennessee Williams957 Words   |  4 PagesThe Glass Menagerie and the Life of Tennessee Williams The Glass Menagerie closely parallels the life of the author. From the very job Tennessee held early in his life to the apartment he and his family lived in. Each of the characters presented, their actions taken and even the setting have been based on the past of Thomas Lanier Williams, better known as Tennessee Williams. Donald Spoto described the new apartment building that Williams and his family relocated to in St. Louis, MissouriRead More The Importance of Symbolism in The Glass Menagerie Essay1609 Words   |  7 PagesImportance of Symbolism in The Glass Menagerie  Ã‚      Tom Wingfield is the narrator and a major character in Tennessee William’s timeless play, The Glass Menagerie. Through the eyes of Tom, the viewer gets a glance into the life of his family in the pre-war depression era; his mother, a Southern belle desperately clinging to the past; his sister, a woman too fragile to function in society; and himself, a struggling, young poet working at a warehouse to pay the bills. Williams has managed to create aRead MoreEssay Crushed Dreams in The Glass Menagerie1194 Words   |  5 PagesCrushed Dreams in The Glass Menagerie      Ã‚  Ã‚   Tennessee Williams is known for his use of symbols, tension, and irony. Williams uses all of these components to express the central theme of The Glass Menagerie - hope followed by despair. Each of the characters has dreams that are destroyed by the harsh realities of the world.      Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   As the narrator blatantly admits, since I have a poets weakness for symbols, symbols are central to The Glass Menagerie (Williams 30). Symbols are merely