Tuesday, May 26, 2020

How to Use Your Samples to Form an Argument

How to Use Your Samples to Form an ArgumentOne of the most difficult parts of writing a persuasive essay is developing a good argumentative sample, or a list of examples of the logic behind an argument. As you work on developing your own argumentative essay, keep these points in mind. This will help you in developing an effective argumentative essay that will be easily remembered by the reader.Use your samples for information not arguments. Instead of using the argumentative sample as an end-point, remember to use it to provide your readers with interesting facts, or information, to make their understanding of your argument stronger. While writing your arguments, make sure to give the reader reasons for why they should understand you argument and not just an argument for the conclusion you intend to come to.Use your samples as short explanations, rather than an entire essay. Although you want to present all the arguments, this is not always possible, especially if you are writing an essay with many arguments. Also, you may want to provide facts and evidence to support your argument rather than presenting an argument itself. Instead of repeating yourself, use your samples as an explanation of the facts, and to present supporting evidence.Use your samples to highlight your writing skills. Remember that if you make use of your samples in your argumentative essay, you are showing how to write, rather than displaying your expertise in the topic you are writing about. Remember to not repeat words, but instead to show the information, supporting evidence, and the fact at the same time that you state the word.You can use your samples as a way to highlight an important fact. You can make use of your examples to make a point about something that is common among the many examples you've used in your argumentative essay. It is also a good way to explore the topic of the essay you're writing, to see what is common among the many examples you've used in your argumentative es say.If you have more than one example, use them to help support your arguments. For example, if you have two examples from which you want to make a case, you can use each of the examples in turn to make your argument. For example, if you use one example to support one argument, you can use the other example to support the second argument. This will help you make more of an argument, which will then add to the validity of your arguments.Using your samples as proof of your arguments, rather than just an argument for the conclusion you intend to come to, will help you in creating more persuasive arguments. Remember to provide additional information and evidence to support your arguments. By doing this, you will be able to avoid the common mistakes that most other writers make, such as repeating words and a complex argument.

Tuesday, May 19, 2020

The Negative Aspects Of A Career - 1369 Words

Most people do not take into consideration the negative aspects of a career, but only the positive aspects. 7 out of 10 adults in the the U.S. experience stress or anxiety daily. In specific, CRNA’s are faced with severely high stress and anxiety which can result in devastating and extremely risky illnesses and symptoms. A CRNA’s roles and responsibilities can be extremely difficult and are one of the main reasons why they have to experience such high levels of stress and anxiety. Student Registered Nurse Anesthetist or SRNAs also have to face high levels of stress and anxiety when preparing for this career. CRNA’s are well educated and highly respected for the roles and responsibilities they play in today’s society except for . They have†¦show more content†¦Stress is a human body’s response to a demand or threat. When one feels threatened, they release numerous stress hormones including adrenaline and cortisol. People who are undergoing stress tend to have tightened muscles, increase in blood pressure, faster breaths, and senses become sharper. CRNAs and SRNAs have to deal with high levels of stress which make their tasks a whole lot harder and way more difficult (â€Å"Segal 1†). Salivary- Amylase is a protein discovered in aids and saliva in the digestion of starch. Autonomic innervation regulates the release of this protein. Investigations have shown that salivary- amylase levels significantly rise due to acute stress. Furthermore, Xiao used salivary-amylase to measure physiologic stress during human simulated trauma management (â€Å"Mckay 302à ¢â‚¬ ). The most common form of stress is acute stress (â€Å" Chipas 122†). â€Å"Acute stress can come from demands and pressures of the recent past and anticipated demands of the future. Since it is short term, it is not given enough time to do any extensive damage. â€Å" The most common symptoms of acute stress include the following: emotional distress, manifested as anger, irritability, or depression: muscular problems, including tension headache, back pain, and jaw pain; stomach, gut, and bowel problems; and physical symptoms such as elevated blood pressure, rapid heartbeat, sweaty palms, heart palpitations, dizziness, migraine headaches, cold hands or feet, shortness of

Saturday, May 16, 2020

Assonance Definition and Examples

Assonance is the repetition of identical or similar vowel sounds in neighboring words (as in fish and chips and bad man). Adjective: assonant. Assonance is a method of achieving emphasis and cohesion in a short stretch of text. Assonance is closely associated with internal rhyme. However, assonance differs from rhyme in that rhyme usually involves both vowel and consonant sounds. EtymologyFrom the Latin, sound Examples of Assonance If I bleat when I speak its because I just got . . . fleeced.(Al Swearengen in Deadwood, 2004)A heart no bigger than an orange seed has ceased to beat.(James Salter, Am Strande von Tanger. Collected Stories. Pan Macmillan, 2013)It beats . . . as it sweeps . . . as it cleans!(advertising slogan for Hoover vacuum cleaners, 1950s)Those images that yetFresh images beget,That dolphin-torn, that gong-tormented sea.(W.B. Yeats, Byzantium)He was soon borne away by the waves, and lost in darkness and distance.(Mary Shelley, Frankenstein, 1818)He diagnosed Camillas difficulty as indigestion, and locked himself in his cabin.(William Gaddis, The Recognitions. Harcourt Brace Company, 1955)Soft language issued from their spitless lips as they swished in low circles round and round the field, winding hither and thither through the weeds, dragging their long tails amid the rattling canisters.(James Joyce, Portrait of the Artist as a Young Man, 1916)The spider skins lie on their sides, translucent a nd ragged, their legs drying in knots.(Annie Dillard, Holy the Firm, 1977)Flash with a rash gimme my cash flickin my ashRunnin with my money, son, go out with a blast.(Busta Rhymes, Gimme Some More, 1998)The law may not change the heart, but it can restrain the heartless.(Martin Luther King, Jr., address to the National Press Club on July 19, 1962)But at supper that evening when I asked him to  pass the damn ham, please, Uncle Jack pointed at me. See me afterwards, young lady, he said.(Harper Lee,  To Kill a Mockingbird, 1960)Do not go gentle into that good night,Old age should burn and rave at close of day;Rage, rage, against the dying of the light. . . .Grave men, near death, who see with blinding sightBlind eyes could blaze like meteors and be gay,Rage, rage against the dying of the light.(Dylan Thomas, Do not go gentle into that good night)The setting sun was licking the hard bright machine like some great invisible beast on its knees.(John Hawkes, Death, Sleep, and the Trav eler, 1974)I must confess that in my quest I felt depressed and restless.(Thin Lizzy, With Love)I call her a ghastly girl because she was a ghastly girl. . . . A droopy, soupy, sentimental exhibit, with melting eyes and a cooing voice and the most extraordinary views on such things as stars and rabbits.(P.G. Wodehouse, The Code of the Woosters, 1938)In the over-mastering loneliness of that moment, his whole life seemed to him nothing but vanity.(Robert Penn Warren, Night Rider, 1939)A lanky, six-foot, pale boy with an active Adams apple, ogling Lo and her orange-brown bare midriff, which I kissed five minutes later, Jack.(Vladimir Nabokov, Lolita, 1955)Strips of tinfoil winking like people(Sylvia Plath, The Bee Meeting)The moon, like a flowerIn heavens high bower,With silent delight,Sits and smiles on the night.(William Blake, Night. Songs of Innocence, 1789) Observations Assonance, (or medial rime) is the agreement in the vowel sounds of two or more words, when the consonant sounds preceding and following these vowels do not agree. Thus, strike and grind, hat and man, rime with each other according to the laws of assonance.(J.W. Bright, Elements of English Versification, 1910)Beware of excessive assonance. Any assonance that draws attention to itself is excessive.(John Earle, A Simple Grammar of English, 1898)The terms alliteration, assonance, and rhyme identify kinds of recurring sound that in practice are often freely mixed together. . . . It may not be easy or useful to decide where one stops and another starts.(Tom McArthur, The Oxford Companion to the English Language, 1992)Rhyme, alliteration, assonance, and consonance combined often produce tongue-twisting linguistics. Big Punishers Twinz includes this couplet . . .: Dead in the middle of little Italy / Little did we know that we riddled a middle man who didnt know diddly. . . . Keying in on a single sound, he runs a staggering series of rhyme variations (middle, little, riddled, middle, diddly), which he further builds upon with consonance (d) and assonance (i) and alliteration (d and l). This is what happens when a poet is in complete control of his rhymes.(Adam Bradley, Book of Rhymes: The Poetics of Hip Hop. BasicCivitas, 2009) Pronunciation: ASS-a-nins Also Known As: medial rhyme (or rime), inexact rhyme

Wednesday, May 6, 2020

Segregation Of The United States - 1305 Words

Segregation in the United States, legal or social practice of separating people on the basis of their race or ethnicity. Segregation has been prohibited in the United States since the mid-1960s . All over America there seems to be painfully obvious difference in the school systems which cater to the upper class minority and the ones that serve the lower and middle class minority. There is a strong undercurrent of racial inequality in today s school systems, which negatively effect the quality of education that its students receive. A schools potential to give a proper education often depends on the perspective economic, and social, or should I say racial backgrounds of its students. America s school systems seem to be returning to their former state of segregation. The population of minorities who live in theUnited States is constantly increasing and their numbers can contribute to the success or the failure of the nation. Magnet schools, private schools, or suburban schools serve the upper class, minority of the American population. These schools are some of the best high schools in the nation. There are usually a small number of minority children who are lucky enough to attend such quality schools but white children defiantly make up the majority of upper class high school populations. In an article that I read from the National Catholic Reporter called A tale of two schools the authorShow MoreRelatedThe Segregation Of The United States1546 Words   |  7 Pagesof segregation in the United States. A lot has changed in the past fifty years since segregation ended. The United States shifted from arresting African Americans for using â€Å"white only† facilities to integrated schools all over the country. Influential individuals such as Rosa Parks and Martin Luther King Jr helped pave the way for African Americans to live as equals to along with their white counterparts in the United States of America. What is Segregation In 1896 the United States SupremeRead MoreSegregation Of The United States1357 Words   |  6 Pagescountry is a great example of segregation because we not only segregate by race, but by gender and sexual orientation as well. America was founded on preconceived expectations of gender and race leading to a segregation of consciousness that structures opinions around the injustices of stereotypes. For years, our country prided itself on being called the melting pot of culture and diversity; when in all honesty, we are not what we claimed to be. The citizens of the United States judge everyone based onRead MoreThe Segregation Of The United States2068 Words   |  9 PagesThe United States prides itself as a nation with a government that treats its citizens with equality regardless of race and ethnicity. Based on this country’s legal actions, is that an accurate description? The people of the United States are divided into different groups based on the color of their skin. The divisions created racism and eventually led to segregation. The segregation of African Americans and white people led to the passing of the Jim Crow laws. These laws strengthened Southern segregationRead MoreThe Segregation Of The United States844 Words   |  4 Pagesall believed that segregation was right when it came to the education system. When the time came to Desegreted School it was meet by resistant, but the effects of this historical movement can still be seen in the 21st century. Segregated schools began in result of the Jim Crow laws, which stated races where to have separate accommodation in public. The Supreme Court in the beginning said that segregation as was legal as long as it was equal. However, when it comes to segregation the truth is nothingRead MoreThe Segregation Of The United States938 Words   |  4 Pagesgroups that human beings can be divided into based on shared distinctive physical traits.† (Mirriam-Webster) However, ideas about race have been altered over time. There have been many laws passed that limit the number of immigrants allowed in the United States. For example, the Johnson-Reed Immigration Act of 1924 limited the number of immigrants allowed in the U.S. based on a racial census and completely excluded Asian immigrants. Only 2% of the total number of people of each nationality as of the 1890Read MoreThe Segregation Of The United States1292 Words   |  6 PagesThe Union was in a state of exceedingly high tension as it spl it into two on the issue of slavery. It was a question of moral integrity and whether it should be allowed to continue. Racism permeated the institution of slavery. The color of a man’s skin did not keep him from fighting for freedom in the wars that took place in America, although it was a way white people sought to justify their mistreatment of them. Slaves were viewed as inferior beings by southern whites and as the abolition movementRead MoreRacial Segregation And The United States2133 Words   |  9 PagesIn the United States, inequalities are an unfortunate evil that resonate throughout low-income individuals and minorities. Though these problems are sometimes viewed as coincidences, in the past and even in the present, there have been legislation put in place that have negatively affected specific populations in the US. Because of the injustices in the system socially constructed ideologies about race, ethnicity, and poverty, and our lacking health care system, many people experience inequalitiesRead MoreRacial Segregation Of The United States1508 Words   |  7 PagesWe have issues. More specifically the United States has issues, continuous and all encompassing issues of racial inequality.The United States is experiencing a outburst of racism, as can be seen from the 2014 killings of two unarmed African-American men, to the brutality of white supremacy in Charleston and the string of arsons in black churches across the South. Of course, it’s nothing new for a nation with a long history of extreme racist violence—the most recent lynching-related death occurredRead MoreRacial Segregation And The United States2215 Words   |  9 Pages Racial segregation has been embedded in southern society ever since the birth of the America. However, even though documents such as Brown vs. Board of Education and the fourteenth amendment has been instituted into the constitution, we are still facing racial segregation throughout America that is unconstitutional and unjust. The south of America, especially Alabama, are facing several claims of racial tension in their prison system and their way to solve the tension between the black and whiteRead MoreRacial Segregation Within The United States780 Words   |  4 Pagespatterns of residential segregation in their attempts to answer such a question. Massey and Denton explore racial residential segregation in the United States throughout the 20th century. They argue that the making and concentration of the (African American) underclass in inner cities resulted from institutional and interpersonal racism in the housing market that perpetuates already existing racial segregation. Simil arly, Reardon and colleagues conclude that residential segregation by income level occurs

Should Marijuana Be Legal For Recreational Use - 1150 Words

Marijuana, or cannabis, is a drug that has had legalization remain a question in the United States for several years. In countries such as Bangladesh, North Korea, and Uruguay, marijuana is completely legal for recreational use. In America, the states Colorado, Washington, Oregon, and Alaska have also legalized recreational use. While there are many disadvantages of the use of cannabis, there are also some potentially useful advantages. Marijuana is a mixture of dried-out leaves, stems, flowers and seeds of the natural hemp plant that many people around the world ingest to â€Å"get high.† It is usually green, brown, or gray in color and can be ingested in different ways, such as smoking it or sometimes baking it into â€Å"edibles.† The chemical in marijuana that creates distortion or makes the user â€Å"high† is tetrahydrocannabinol, otherwise known as THC. The amount of THC in the plant can vary, but over the years it has increased. Louis and Anne Pagliaro em phasize that in 1974, the amount remained at 1% but in 2008, it was tested at 9.6% (â€Å"Handbook† 102-103). After smoking cannabis, one feels a sort of â€Å"high† sensation. The peak of this â€Å"high† is felt approximately 30 minutes after ingestion and wears off within two to three hours, depending on how much marijuana one smoked and how much THC is in it. While under the influence, a user may have a slower reaction time, confusion, reddened eyes, poor coordination/balance, distortion, and increased appetite, blood pressure, and heartShow MoreRelatedMarijuana Should Be Legal For Recreational Use873 Words   |  4 PagesRevised: There will be medical benefits if marijuana was legal for recreational use. Premise: Street justice related to drug disputes would be reduced resulting in less crowding in prisons. Revised: Legalizing marijuana will result in less crowding in prisons. Premise: States gain profit from taxing marijuana Revised: States benefit financially from the legalization of marijuana. Conclusion: Marijuana should be legal for recreational use. Marijuana has been used in herbal remedies for centuriesRead MoreShould Marijuana Be Legal For Recreational Use?853 Words   |  4 Pagestreat. When you are addicted for long periods of time, your dependency on it is like having to breath. Without it you will die. In America even marijuana which is debatably just as harmful as tobacco and alcohol, can put you in jail from from 1-5 years for possession and 10 to life for selling or growing. Now in some states it is legal for recreational use, so this topic has gained some attention where people in other states have already been in jail for a long time for doing what someone in anotherRead MoreShould Marijuana Be Legal For Medical And Recreational Use?973 Words   |  4 Pagesless risky than both. I might want to convince you on why pot ought to be lawful. It has numerous awesome reasons for existing, it s a hurtful medication, and how the economy would be a ton better if marijuana was lawful. Today we will discuss why weed needs to be legal for medical and recreational use, how weed is a harmless medication and not addicting, and how lives would be better if weed was lawful and how the economy would be better if weed was legitimate. A great many people in today s publicRead MoreShould Marijuana Be Legalized?972 Words   |  4 PagesMarijuana Legalization For thousands of years, marijuana has been used for a myriad of purposes ranging from medical use to recreational use. Although small steps are being for marijuana legalization across the country, there is still a long way to go. Some folks argue that marijuana is a gateway drug and impairs judgement, causing people to act recklessly. However, extensive studies have been conducted on the effects, risks, and benefits of marijuana, and have proven marijuana to be safer thanRead MoreEssay Astonishing Statistics of Marijuana Use in Minors1539 Words   |  7 Pagesmillion Americans ages 12 and over have reported to using marijuana at least once within the previous year. That number alone is an astonishing statistic on marijuana users. Although marijuana has been a drug with increasing popularity especially throughout the past couple of years due to the legalization in some states. In November of 2012 history was made when Washington and Colorado both legalized marijuana for recreatio nal use. Although marijuana is considered to be a Schedule 1 drug, which means itRead MoreShould Marijuana Be Legalized?997 Words   |  4 PagesLegalize It: The Benefits of Legalizing Marijuana Should marijuana be legalized? Many Americans have been asked this question or have heard some type of news about the issue. Marijuana is commonly known as cannabis which refers to the dried up hemp plant cannabis sativa, even though marijuana is a plant and has no chemical additives it has been a tropic of controversy for many years but nowadays it is in the spotlight more than ever. For centuries, marijuana has been used by people throughout theRead MoreShould Marijuana Be Legalized?1340 Words   |  6 PagesThe argument of legalizing medicinal marijuana and marijuana used for recreational purposes has been around for quite some time now. Recreational use is when one smokes cannabis just for fun and with the intention of altering the state of consciousness while medicinal marijuana is used for treating certain maladies and alleviating their symptoms. Though marijuana use is not as harmless as many people seem to believe. Like any other drugs, marijuana can affect the body and mi nd and may have a majorityRead MoreShould Marijuana Be Legalized?1456 Words   |  6 PagesPossession and use of marijuana is illegal in over half of the United States, but it is still the third most popular recreational drug in the United States. The debate for this drug to be legal has been going on for many years; some states have legalized the drug for medical use, and some for recreational use as well. Other states seem to disagree; they are not in favor of making the drug legal for medical use or recreational use. It has been proven that marijuana has a positive impact on societyRead MoreShould Marijuana Be Legalized?1098 Words   |  5 Pagesyears, there has been a push, nationwide, to legalize the recreational use of marijuana. In most states, medical marijuana is legal and in some states, so is recreational. But the legalization of recreational marijuana may have detrimental effects. In the recent election, Arizona had a ballot measure (prop 205) which called for the lega lization of marijuana for recreational use. Prop 205 lost and recreational marijuana is not currently legal. However, it is likely that the advocates for this campaignRead MoreThe Legalization Of Marijuana Legalization996 Words   |  4 Pagesproductive to say the least. For example, Denver Colorado is on track to more than triple the marijuana tax revenue this year alone. $44 million was collected in 2014. In July 2015, 73.5 million was collected, while 19.6 million went to schools. A place such as Chicago could really use the legalization to help with the school system infrastructure issues they have. With a deficit of over 1.1 billion marijuana sales could alleviate both the conditions of schools themselves, as well as provide more

Negligence Misrepresentation Physical Injury-Myassignmenthelp.Com

Question: Discuss About The Negligence Misrepresentation Physical Injury? Answer: Introducation The non-performance of ethical duty for keeping proper attention or care while performing or dealing with certain tasks is known as Negligence. As per Civil Liability Act 2002 (NSW), a lawsuit can be filed with any monetary or physical injury, caused by another person or businesss negligence. There are few steps to prove negligence in the court. According to section 5B of Civil Liability Act 2002 (NSW), the first step includes duty of care; negligence arises only when someone has a duty of caution or care for performing certain actions. Section 5D provided that injuries caused to plaintiff could be avoided if such duty were performed with caution. As per section 5F, the threat must be obvious from a reasonable persons view and no actions were taken by the defendant to avoid such threat (Barker, Cane, Lunney and Trindade 2012). In Stokes v House With No Steps [2016] QSC 79 case, the employer failed to perform his duty to keep his employees safe. The negligence of employer causes an in jury to the employee and the court awarded $775,048 as damages (Bismark 2012). Providing or representing any wrong fact as real to lure someone into entering a legal contract, which eventually caused loss to such party, is known as misrepresentation. As per Marston and Walsh (2008), the first stage of misrepresentation includes presenting a false fact as correct to another party. The defendant must intentionally present a false fact to another party. The intention of the defendant is to motivating another party to enter into a legal contract by relying upon such false fact. The party suffered a monetary loss due to such illegal contract based upon false fact. According to Bryant (2016), it is a necessity for businesses to maintain proper caution at the workplace to avoid any legal suit for negligence. It is the legal duty of businessman to take proactive measures to avoid any injury to customers, employee or officer, who visits his workplace. For example, a storekeeper left some sharp object on the ground of his shop, which causes injury to customers, then the shopkeeper can be liable for negligence. Another example, if a mechanic did not tell his customer regarding the failure of brakes in a vehicle, then he can be liable for injury caused to the customers, due to his negligence. The example of misrepresentation by a business include, if a salesman sells a defective vehicle to customers by hiding the fault of the vehicle, it will be constituted as a misrepresentation of fact. False advertisement by an organisation also comes under the definition of misrepresentation. If a company show an advertisement of a shampoo than can regenerate hair in weeks, that will be considered as misrepresentation. In case any person believe on such fake advertisement and buys the product, and such product causes injury to such person, then the customers have right to file a lawsuit against the company. When a person gives advice to another person, the person has certain duty to maintain caution while giving such advice. As per Chan and Kim (2005), a reasonable care should be maintained by the advisor while giving an oral or written advice. The penalties of wrong advice have the same impact in both oral and written. It is necessary for an advisor to analyse the difference of education or language while giving oral advice, so that other person correctly understood such advice. The failure of advisor to express the correct advice shall be considered as his negligence. The false advice given by advisor with an intention to motivate another person to do a particular task shall be considered as misrepresentation. According to Lazaro (2013), the wrong advice given by an administrative officer, who is considered as a professional of such division, shall be determined as misrepresentation. For example, a law officer who gives the wrong deadline for a filing of a certain case, which causes loss to plaintiff because of not filing the suit, shall be constituted as misrepresentation by a law officer. There are numerous elements which determine the consequences or penalties of negligence or misrepresentation, conducted by a business. McDonald (2005) provided that the business can provide a counter argument that there is no duty of care available or that a reasonable person would have done the same thing. The burden of proving the breach of duty by the defendant is upon the claimant. The claimant has to prove the control of defendant over a particular situation which could cause injury to some party without proper caution. The penalty and damages for negligence or misrepresentation are based upon the level of injury caused by the claimant or its future consequences. The court has to analyse and provide either monetary or punitive award to the claimant, as per the situation of the case. Following are few of the many defenses available to the defendant in the lawsuit of negligence: The Presumption of Risk: According to Goudkamp (2006), if the risk of danger is obvious to a reasonable person and claimant could have avoided such risk by proper caution, then the claimant loses the right to file a suit of negligence. For example, if a customer buys a product with a certain level of risk, such as acid or naphthalene balls, then it is the duty of customers to maintain proper caution for his own safety. The customers cannot sue businessman if any injury caused by such product to the customer. Contributory Negligence: As per section 5R of Civil Liability Act 2002 (NSW), if the activities of the claimant are below a particular level of his own safety, then the defendant can apply it as a defense for his negligence. For example, if a factory has a poor guideline for workers safety while working with fire and it causes injury to a worker. But while using his tools, the worker forgets his safety mask then the employer can use such act as a defense against his own negligence. A recent example of contributory negligence was provided in Nettleton v Rondeau [2014] NSWSC 903 case, in which NSW Supreme Court held the defendant liable for not riding his cycle on the bike path and held plaintiff liable for failure to use proper brakes. Comparative Negligence: As per Yap (2010), the partial or complete participation of the claimant in the act of negligence can use a defense by the defendant. The amount of damages for negligence can be divided according to the involvement of claimant. For example, if an accident caused due to the negligence of both pedestrian and driver, then the number of damages reduced up to the involvement of claimant. Following are few real life cases in which businesses held liable for their tortious actions: In the case of KerlevBM Alliance Coal Operations Pty Limited Ors [2016] QSC 304, the employer held liable for his driver's fatigue by forcing him to work for straight four days. The employer failed to maintain his duty to care, therefore, the court awarded $1,250,000 as damages to the driver (Killian and Price 2016). In Mathews v Winslow Constructors (Vic) Pty Ltd [2015] VSC 728 case, the employee filed a suit against the company for failure to prove his security from bullying, abused and harassment, which resulted in stress and psychiatric injury. The court held a business liable for their negligence and awarded $380,000 to the employee for his injuries (Kleyn 2016). In Sear v Kingfisher Builders [2013] EWHC 21 (TCC) case, the business held liable for misrepresentation and court awarded an amount of 295,378.37 as damages to the claimant. In the case of Swan v Monash Law Book Co-operative [2013] VSC 326, the business held liable for negligence for not proving safety to employees from bullying in the workplace. The court awarded recovery of $600,000 from the business to affected employees (Mire and Owens 2014). The public officers and statutory authorities are the entities who perform various tasks to serve public, by the power provided to them by statutes. According to Stewart and Stuhmcke (2009), the negligence of public officers is determined by policy/operation distinction. The actions taken by a public authority under the guidelines of policy cannot be constituted as negligence. But, if the actions of the public officer are operational, then it will constitute as negligence. Policies are the guidelines created by the statutory authority after evaluating monetary restraints. The acts of public officers for proper implementation of policy are called operation. For example, if there is a policy of cleaning the road two times a day and public officers failed to do so, and a pedestrian cut his leg with the glass placed on the road. The pedestrian can sue the public officer for negligence. But if the road is cleared two times and still pedestrian cut his leg, the then pedestrian does not hav e right to sue for negligence. In Tomlinson v Congleton Borough Council [2003] 3 WLR 705 cases, the council held liable by a court for contributory negligence and two third amounts of injuries were collected by them (Williams 2005). As per McGlone and Stickley (2005), any individual or company who suffers any loss or injury due to negligence or misrepresentation of a business can file a lawsuit against them for recovery of damages. The claimant has to prove the existence of a duty of care and breach of such duty by the defendant. After proving of negligence, the court can award either monetary or punitive damage to the claimant, which can be considered as a primary remedy for a lawsuit. The main reason of claimant for negligence lawsuit is to collect damages from defendant for his loss. The loss must be sensibly predictable from a reasonable persons view. In ISS Security Pty Ltd v Naidu Anor [2007] NSWCA 377 case, the employer held liable for conducting negligence in his duty for employees safety, and the court awarded $1.9 million to the employee for his damages (Jones 2009). There are several Torts that apply to the actions of a business, besides negligence and misrepresentation. Following are few examples: Unfair Competition: If a business manufactured a product which resembles another companys product closely, to confuse the customers, it is known as unfair competition. This tort is similar to a trademark or copyright infringement. Publishing a false advertisement is also a part of the unfair Restrain on Trading Practices: It is illegal for businesses to preventing or stopping other business from trading in free markets. If the action of a business restricts and causes loss to another businesss trading, such business is liable for the tortious Wrongful Interference: Interference by one business to another businesss trading practices is a tortious act. A business can interface with various opportunities, clients and earning sources of another business (Brooke (2009). Computer Related Torts: In the modern world, maximum businesses use the computer for their trading practices. If a business intentionally damages business hardware and software that can affect its earning capability, such act will consider as tortious action (Butler 2005). Disparagement: Defamation or incorrect statements regarding another businesss products or facilities, which causes harm to such business in called disparagement. Writing incorrect reviews against a company can also be considered as disparagement. The applicability of tortious principles is necessary for business practices because it ensures fair and legal practices by businesses. The role of Torts has grown significantly in the modern world due to increase in a number of businesses. Various illegal or unfair trade activities of businesses are covered under tortious principles. According to Mortensen (2006), the Torts help injured customers or businesses to claim for damages, due to the negligent actions of businesses. The injury of negligence or misrepresentation includes loss of opportunities, clients, status, business connection, physical damage or other. While determining the amount of damages, the court also considered the future damages which will cause due to negligence or misrepresentation of a business. The tortious principles force businesses to perform their duty of caution and implementing fair trading practices, therefore, the applicability of tortious principles are significantly important in the business world. References Barker, K., Cane, P., Lunney, M. and Trindade, F., 2012.The law of torts in Australia. Oxford University Press. Bismark, M.M., Gogos, A.J., McCombe, D., Clark, R.B., Gruen, R.L. and Studdert, D.M., 2012. Legal disputes over informed consent for cosmetic procedures: a descriptive study of negligence claims and complaints in Australia.Journal of Plastic, Reconstructive Aesthetic Surgery,65(11), pp.1506-1512. Brooke, H., 2009. A brief introduction: the origins of punitive damages.Punitive Damages: Common Law and Civil Law Perspectives, pp.1-3. Bryant, P.J. and AA, B., 2016. THE TORT OF NEGLIGENCE IN STEM LABORATORIES. Butler, D., 2005. A tort of invasion of privacy in Australia.Melb. UL Rev.,29, p.339. Chan, T. and Kim, P., 2005. The Legal liability of third party advice in Australia in light of recent developments. Goudkamp, J., 2006. Can Tort Law Be Used to Deflect the Impact of Criminal Sanctions? The Role of the Illegality Defence.Torts Law Journal,14, p.20. Jones, D., 2009. Workplace bullying: causes, symptoms, effects and the law.Brief,36(3), p.13. Killian, T. and Price, V., 2016. Fatigue management failings lead to $1.2 million judgment against multiple parties. Dibbs Barker. Retrieved from https://www.dibbsbarker.com/publication/Fatigue_management_failings_lead_to_$1-2_million_judgment_against_multiple_parties.aspx Kleyn, W., 2016. Case note: Dealing with complaints of sexual harassment: A cautionary tale: Mathews v winslow constructors (vic) pty ltd [2015] vsc 728.Precedent (Sydney, NSW), (135), p.62. Lazaro, C., 2013. REVOLUTION IN THE REGULATION OF FINANCIAL ADVICE: THE US, THE UK AND AUSTRALIA: THE FUTURE OF FIDUCIARY DUTIES FOR FINANCIAL ADVICE: THE FUTURE OF FINANCIAL ADVICE: ELIMINATING THE FALSE DISTINCTION BETWEEN BROKERS AND INVESTMENT ADVISERS.St. John's L. Rev.,87, pp.381-1193. Marston, G. and Walsh, T., 2008. A case of misrepresentation: Social security fraud and the criminal justice system in Australia.Griffith Law Review,17(1), pp.285-300. McDonald, B., 2005. Legislative intervention in the law of negligence: the common law, statutory interpretation and tort reform in Australia.Sydney L. Rev.,27, p.443. McGlone, F. and Stickley, A.P., 2005.Australian torts law. LexisNexis Butterworths. Mire, S.L. and Owens, R., 2014. A Propitious Moment: Workplace Bullying and Regulation of the Legal Profession.UNSWLJ,37, p.1030. Mortensen, R., 2006. Homing devices in choice of tort law: Australian, British, and Canadian approaches.International Comparative Law Quarterly,55(4), pp.839-878. Stewart, P.E. and Stuhmcke, A.G., 2009.Australian principles of tort law. The Federation Press. Williams, K., 2005. State of fear: Britain's compensation culturereviewed.Legal studies,25(3), pp.499-514. Yap, P.J., 2010. Rethinking the Illegality Defence in Tort Law.Tort Law Review,18, p.52.

Tuesday, May 5, 2020

Columbus Was No Hero free essay sample

Columbus Was No Hero History textbooks and stories passed down generation have always seemed to portray Christopher Columbus, the daring European explorer, as a man of heroic qualities and benevolent intentions. No American History textbook is complete without the heartwarming story of an ambitions sailor born to a poor Venetian carpenter who thought outside of the box, discovered the Americas, and at the same time, changed the world forever. However concrete evidence and undeniable fact shows us otherwise. Christopher Columbus was an opportunist, in the sense that he would go wrought any meaner possible to attain wealth. As for what deems him a hero in the public eye, his discovery and his legacy; it is arguable whether he was indeed the first European to land on the Americas and, due to his apparent character flaws, the main long lasting global affect his conquest seems to have had is the introduction of a master white race in the Americas, stemmed from slavery made necessary by genocide he incited in the Caribbean, which has led to deep rooted racism in the new world. We will write a custom essay sample on Columbus Was No Hero or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page No hero would bring this upon a nation. To no extent was Christopher Columbus a hero. In elementary school children learn about the man who went against society to say the world was not flat and that it was indeed spherical, but Christopher Columbus was no radical. In truth, few people on both sides of the Atlantic believed in 1492 that the world was flat. Most Europeans and Native Americans knew the worlds to be round. (Lone, 56) Nor was he the first European to have traveled west to the new world. There is now sufficient evidence to assume that Norse tribes had actually reached Greenland and Canada far before any Spanish hip set sail towards the Americas. Columbus sure learned of Greenland and probably also of North America if he visited Iceland in 1477 as he claimed to have done. (Lone, 49) Therefore Columbus was not a forward thinker but more an opportunist. The Spanish Inquisition of the early sasss significantly weakened the Spanish Empire. There was nothing to lose in sending Columbus with three ships though uncharted waters. He set out to find his own wealth i n new lands and when he returned with a taste of the richness of the new world; birds, precious metals, Indians, caused quite a stir in Seville. (Lone, 61) Therefore Columbus was not a heroic intellect and what followed with his next voyages further exposed his true villainous nature. In 1495 Michele De Cone wrote about accompanying