Present Case to Win the Issue If Tamara †Myassignmenthelp.Com

Question: Discuss About the Present Win the Issue Tamara? Answer: Intoducation Tamara now wishes to sue Aldi Supermarkets in negligence for her losses. Aldi Supermarkets can prove that a staff member inspects the supermarket aisles and cleans up any spillages every 40 minutes. Advise Tamara. Issue: The facts given in the present case to win the issue if Tamara will be successful if it sues Aldi Supermarkets in negligence. The reason is that Tamara suffered an injury when she slipped on the floor in a puddle of ice cream. Due to the fall, Tamara suffered serious injuries on her back. Therefore, she had to remain in hospital for a long time and the general damages amounted to more than $700,000. Therefore, Tamara wants to know if she has a case against Aldi supermarkets in negligence. At the time of giving this advice, any differences that may be available to the supermarket. Also needs to be considered, especially as the supermarket claims that they have a staff member who regularly inspects the aisles and cleans any spillage after every 40 minutes. Therefore, the principles of law negligence, have to be applied in this case, and it has to be examined is the necessary elements for negligence can be established in this case or not. Rule: The law provides that when a party has a duty of care in favor of the other party, negligence can be described as doing something or the failure to do something that would be done by any other reasonable person and due to which, injury or damage has been caused to the other party (Donoghue v Stevenson, 1932). For the purpose of finding if negligence is present in a particular case and also to fix the responsibility of the defendant for negligence; Civil Liability Act can also be relied upon. When it has been decided by one party that the other party should be soon in negligence, financial compensation is sought by such a party from the defendant for the damage that was caused to it (Hepple, 1997). Therefore, in negligence, damages are provided with a view to place the claimant in the same position in which he or she would have been if there was no negligence on the part of the defendant. In order to determine if the defendant can be held as negligent, there are four elements that nee d to be established by the claimant. For this purpose, it has to be established that the defendant owed a duty of care, there should be a breach of the duty of care, some injury or damage should have been suffered by the claimant and this injury or damage should be the direct result of the contravention of the duty of care (Barker, 1993). Under the law of negligence, all these elements should exist so that it can be said that the claimant as a successful claim against the defendant in negligence. On the other hand, even if one of these elements does not exist, the negligence of the defendant cannot be established. In this way, it is very significant to describe the meaning of duty of care. Under the law of negligence, this duty can be explained as the legal obligation of the defendant, which requires that injury or damage should not be caused to others. The duty of care of a person exists when it can be reasonably foreseen that the other person may suffer harm if reasonable care is not exercised. According to the law, this duty will be present only if sufficient proximity exists between the claimant and the defendant and due to this proximity, it can be stated that the defendant had the duty in favor of the claimant. An example of such a case is the duty of care that a motor vehicle driver has towards other persons pr esent on the road. But in this regard, the civil liability act has imposed certain qualifications on the duty of care, for example food donors and good Samaritans. The claimant can bring a successful election in negligence if there is a breach of duty of care. For the purpose of determining if there has been a breach of this duty, the court considers the standard of care that is applicable in the particular case (Stapleton, 2003). This standard of care can be applied on the basis of the fact if any other reasonable person would also have acted in the same way under similar circumstances. If it can be said that the actions of the defendant fell below the standard of care and cannot be described as reasonable, it can be determined that the defendant is liable for the breach of duty that he owed towards the claimant. For a successful action in negligence, it also needs to be established that the injury or damage caused to the claimant was the direct consequence of such a breach (Stapleton, 1991). For example, if a person falls on the wet floor, it can be said that a direct connection exists between the wet floor and the injuries suffered by such a person. Application: After mentioning the requirements for a successful election in negligence, and advice can be given to Tamara that she may have a successful claim against Aldi Supermarkets. Tamara saw from a distance that only one bar of her favorite chocolate was left for sale, she ran to grab it. When another customer also walked towards the chocolate bar, Tamara ran even faster, and therefore she slipped on the floor, where a puddle of ice cream was present. Tamara suffered serious injuries when she fell on the floor. Therefore, Tamara can successfully sued the supermarket in negligence, because all the necessary elements to establish the negligence of the supermarket are present. Conclusion: Even if the supermarket established that one of these top members regularly inspected the aisles and similarly any spillage on the floor was clean within 40 minutes, a defense will not be available to the supermarket. This is due to the reason that even in such a case, it can be said that the injuries caused to Tamara were the direct result of the fact that the supermarket has breached its duty of care towards her. References Bob Hepple, (1997) Negligence: The Search for Coherence, 50 Current Legal Problems 69 Jane Stapleton, (1991) Duty of Care and Economic Loss: A Wider Agenda 107 Law Quarterly Review 249 Jane Stapleton, (2003) The Golden Thread at the Heart of Tort Law: Protection of the Vulnerable 24 Australian Bar Review 135 Kit Barker, (1993) Unreliable Assumptions in the Modern Law of Negligence, 109 Law Quarterly Review 461, 483

Ojt Doc free essay sample

Listed in the Philippine Stock Exchange in 2007 after a successful initial public offering, the company has built its reputation for delivering its projects on time, without sacrificing the beauty and functionality of its developments. Initially finding its niche within the affluent Filipino-Chinese community, ALHI has brought modern condo living to Old Manila through a fusion of current trends and traditional comforts and practices. The company’s developments take inspiration from upscale condos in major cities around the world while incorporating age-old Feng Shui principles. Building on the successful formula of its first project, the 33-storey Lee Tower in Binondo which was sold out within 9 months and delivered ahead of schedule in 2006, ALHI has continued its dynamic and aggressive approach to take on even bigger and bolder challenges. The company has several ongoing developments, with more in the pipeline. It has started turning over units to buyers of its Mayfair Tower along UN Avenue in Ermita, in the heart of colonial Old Manila, and its second condominium in Binondo, the Mandarin Square, which by the end of 2008 is more than 50 percent completed. We will write a custom essay sample on Ojt Doc or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Both developments will take condo living in Manila to a higher level with first class amenities rivaling the best there is in the country. Anchor Land likewise broke ground for its Solemare Parksuites, its first project outside of the City of Manila, in December of 2008. The 18-storey twin tower residential project at the ASEANA Business Park in Paranaque City, near the humongous Mall of Asia, caters to those who want to be at the center of Metro Manila’s emerging cultural and entertainment hub along scenic Manila Bay. Among the company’s plans are the development of the tallest building in Binondo, Manila, the 56-storey Anchor Skysuites that is guaranteed to further raise the benchmark in the Chinatown district, as well as projects in San Juan, another in Ermita, a fourth project in Binondo, among others. What sets the company apart from other Philippine developers is its ability to execute its business plans. While others give tremendous focus and attention to their business development efforts but hardly sustain them afterwards, Anchor Land makes sure that its business plans are meticulously implemented. The secret lies in the active involvement of its key people in sales and marketing from the conceptualization stage and throughout the development of each project, with each department – from business development to engineering, finance, sales and customer relations – all in constant touch to ensure the seamless, on time delivery of the company’s commitments. In 2008, the company has started to attract the attention not only of local investors, but international award-giving bodies as well for its sterling performance. Anchor Land was one of only two Philippine companies included in Forbes Magazine’s list of 200 Best Companies in Asia with capitalization of under $1 billion, a feat made possible by the company’s sterling financial performance amidst the global economic slowdown. Internally, the company continues to build and strengthen its organization with the goal by recruiting and honing the best talents available in the manpower market, and by maintaining a small but dedicated cadre of sales people who have imbued Anchor Land’s corporate values of discipline, commitment, and excellent service. The company values each and every employee’s contributions, and recognizes them via a rewards and recognition system that puts premium on providing the best service to customers throughout the whole cycle of each and every project. III. Summary of OJT Experience IV. Assessment of the OJT/Practicum Program A. New Knowledge, attitudes and skills acquired Being the intern of the I. T. Department of Anchor Land Holdings Inc. I have learned many things that are beneficial for me and for my well – being. Here is the list of the skills that I acquired during my internship period: -Organization of files. -Networking. -Remote Access. -LAN cables. -LAN and Internet connections. -Centralized server. -Ncomputing technology -Computer building. -Kaspersky Lab. -Organization Security. -Data Back-up. -Routers For Troubleshooting -Printers -Fax Machine -Photocopy Machine. -Outlook. -Web connectivity. -Skype. -Computers. -Routers.

Sample Essay About St Century Learners

Sample Essay About St Century LearnersYou can try your hand at a sample essay about st century learners if you are interested in writing for some scholarship. In today's economy, students are going to school for almost any reason, but they will only be successful if they know how to write a quality essay. If you are interested in this career, take the time to find out the basics of how you can go about it.St century learners are scholars in a specific field. Typically, they will go to college and begin studying a specific subject area in which they are interested in. In some cases, the area of study will require a thesis for the student to submit to a professor.The student will use this thesis to help the professor decide which students can do the best job as a st historian. You can find out if you are interested in this career by taking the sample essay about st century learners. Here is the example that the samples used to teach the sample essay about st century learners.Students a re seeking financial aid for their studies and the instructor will place them into the class as a set historian. He'll assign a research project and will allow the student to take control of the project. The student will have to learn how to read documents, write essays, and come up with original research.While many of historians started their careers as teaching assistants, others are now highly respected scholars. If you are one of these historians, you will find that this is a great career choice. Take the time to find out how you can go about it and you will find that you are qualified for it.By taking the time to find out what the requirements are for writing an essay about st historians, you will be able to apply for this career. Many universities are ready to provide financial assistance if you are truly interested in it. Look online for scholarships and look for organizations such as St Century Scholarly Programs if you are interested in applying for one.The programs offer y ou a scholarship to go on and to continue on with a college education. You may not know if you are prepared for it, but if you take the time to find out, you will be prepared for it. Make sure that you take the time to find out about the scholarship and see if you qualify for it.

Results Of World War I Essays - Treaty Of Versailles,

Results of World War I World War I became known as the Great War because it was the biggest war ever in the history of the world. It was supposed to be the war to end all wars. But it wasn't, 20 years later Germany rebuilt its army, and tried again to take over Europe. The peace treaties were partially responsible for World War II. (A) The end of World War I came after 4 years of harsh fighting. When the Americans joined the war effort in April of 1917, the Allies were given unlimited industrial and manpower resources. The US were decisive in winning the war, by sending about 10,000 soldiers per day, over to Europe. Revolution in Germany finally brought an end to the war. In October, 1918, the people of Germany couldn't tolerate the slaughter no more. An armistice, based on Wilson's 14 points, was signed on November 11, 1918. Germany had to evacuate all territory west of the Rhine immediately. (B) The Treaty of Versailles, named for the French palace where it was unveiled, was put together by 70 delegates; representing 27 victorious allied nations at, what was called, the Paris Peace Conference. Germany nor Russia were allowed to attend the conference because Russia, who broke away from the war, because of conflicts at home, signed a separate peace treaty with Germany. The leaders of the Big Four, consisting of Woodrow Wilson from the US, Georges Clemenceau from France, David Lloyd George from England, and Vittorio Orlando from Italy, made most of the important decisions at the Conference. Clemenceau was a tough, determined, and skillful politician. He was also a vengeful, old man. He was determined that Germany should not only suffer for what they had done, but that the peace terms should make it impossible for Germany to wage war ever again. Lloyd George was also a skillful politician. He wanted Germany's war leaders to be punished. And he was determined that none of Wilson's 14 points should be allowed to interfere with England, its traditional policies, or its commitments to others. Orlando, the least important of the Big Four, was determined that Italy was to receive huge territorial rewards that had been promised to them in 1915 to lure Italy to fight the war for the Allies. After three and half months of argument the delegates finally finished the treaty, and it was ready to be presented to Germany. The treaty had called for a number of changes to Germany and the world. The League of Nations was adopted, the only aspect of the 14 Points that was accepted. The treaty called for a world disarmament. The Allies were to occupy Rhineland for at least 15 or more years. The German provinces of Posen and West Prussia were given to Poland. Germany's colonies were given to the League of Nations. England and France divided up Germany's African colonies, and Japan took islands in the South Pacific. Germany had to accept sole responsibility for the war. The former emperor and war leaders were to be tried as war criminals, but that part of the treaty never came about. Germany's army was limited to 100,000 soldiers and they couldn't have any heavy artillery. The general staff was abolished, and the navy was reduced. No air force was allowed, and the production of plan es was forbidden. The worst part of the treaty, for the Germans, was that they had to pay the large sum of reparations. The French felt that the terms of the treaty were too merciful and voted out George Clemenceau. During the second debate at Versailles, the leader of the German delegation, Brockdorff-Rantzau, did not sign the treaty. He felt that the economic fulfillments were impossible. The German Chancellor Philipp Scheidemann also did not sign the treaty. When it became obvious that the treaty had to be signed, Brockdorff-Rantzau and Scheidemann resigned on June 21. The treaty was finally signed by new Chancellor Gustav and a new delegation on June 28. In the US, despite Wilson's efforts, the Senate did not ratify the treaty. Instead they made their own separate treaties with Germany, Austria, and Hungary. (C) Other treaties were made for the other central countries in the war. Austria signed the Treaty if Saint-Germain. It said that the

An Overview of Biomes and Climate

An Overview of Biomes and Climate Geography is interested in how people and cultures relate to the physical environment. The largest environment of which we are part is the biosphere. The biosphere is the part of the earths surface and its atmosphere where organisms exist. It has also been described as the life-supporting layer that surrounds the Earth. The biosphere we live in is made up of biomes. A biome is a large geographical region where certain types of plants and animals thrive. Each biome has a unique set of environmental conditions and plants and animals that have adapted to those conditions. The major land biomes have names like tropical rainforest, grasslands, desert, temperate deciduous forest, taiga (also called coniferous or boreal forest), and tundra. Climate and Biomes The differences in these biomes can be traced to differences in climate and where they are located in relation to the Equator. Global temperatures vary with the angle at which the suns rays strike the different parts of the Earths curved surface. Because the suns rays hit the Earth at different angles at different latitudes, not all places on Earth receive the same amount of sunlight. These differences in the amount of sunlight cause differences in temperature. Biomes located in the high latitudes (60Â ° to 90Â °) farthest from the Equator (taiga and tundra) receive the least amount of sunlight and have lower temperatures. Biomes located at middle latitudes (30Â ° to 60Â °) between the poles and the Equator (temperate deciduous forest, temperate grasslands, and cold deserts) receive more sunlight and have moderate temperatures. At the low latitudes (0Â ° to 23Â °) of the Tropics, the suns rays strike the Earth most directly. As a result, the biomes located there (tropical rainforest, tropical grassland, and the warm desert) receive the most sunlight and have the highest temperatures. Another notable difference between biomes is the amount of precipitation. In the low latitudes, the air is warm, due to the amount of direct sunlight, and moist, due to evaporation from warm sea waters and ocean currents. Storms produce so much rain that the tropical rain forest receives 200 inches per year, while the tundra, located at a much higher latitude, is much colder and dryer, and receives just ten inches. Soil moisture, soil nutrients, and length of growing season also affect what kinds of plants can grow in a place and what kinds of organisms the biome can sustain. Along with temperature and precipitation, these are factors that distinguish one biome from another and influence the dominant types of vegetation and animals that have adapted to a biomes unique characteristics. As a result, different biomes have different kinds and quantities of plants and animals, which scientists refer to as biodiversity. Biomes with greater kinds or quantities of plants and animals are said to have high biodiversity. Biomes like the temperate deciduous forest and grasslands have better conditions for plant growth. Ideal conditions for biodiversity include moderate to abundant precipitation, sunlight, warmth, nutrient-rich soil, and a long growing season. Because of the greater warmth, sunlight, and precipitation in the low latitudes, the tropical rainforest has greater numbers and kinds of plants and animals than any other biome. Low Biodiversity Biomes Biomes with low precipitation, extreme temperatures, short growing seasons, and poor soil have low biodiversity fewer kinds or amounts of plants and animals due to less than ideal growing conditions and harsh, extreme environments. Because desert biomes are inhospitable to most life, plant growth is slow and animal life is limited. Plants there are short and the burrowing, nocturnal animals are small in size. Of the three forest biomes, the taiga has the lowest biodiversity. Cold year-round with harsh winters, the taiga has low animal diversity. In the tundra, the growing season lasts a mere six to eight weeks, and plants there are few and small. Trees cant grow due to permafrost, where only the top few inches of the ground thaw during the short summer. The grasslands biomes are considered to have more biodiversity, but only grasses, wildflowers, and a few trees have adapted to its strong winds, seasonal droughts, and annual fires. While biomes with low biodiversity tend to be inhospitable to most life, the biome with the highest biodiversity is inhospitable to most human settlement. A particular biome and its biodiversity have both potential and limitations for human settlement and meeting human needs. Many of the important issues facing modern society are the consequences of the way humans, past and present, use and change biomes and how that has affected the biodiversity in them.

September 11th and U.S. Foreign Policy Essay Example | Topics and Well Written Essays - 1250 words

September 11th and U.S. Foreign Policy - Essay Example Insofar as many Arab Muslims, not least of which are the perpetrators of 9/11, are concerned, the United States' bias towards Israel and the aggressive stand it has adopted towards Arab Middle Eastern states is at the heart of the anger which fuelled the terrorist attacks of 9/11. The United States, as the primary mediator in the Arab-Israeli conflict, is ethically bound to adopt a neural stand and support international law but, public statements by American politicians expresses clear bias towards Israel. For example, on the 1st May, 2003, the U.S. Congress Majority leader publicly stated in a televised speech that he was "content to have Israel grab the entire West Bank there are many Arab nations that have many hundreds of thousands of acres of land, soil, and property and opportunity, to create a Palestinian state" (qtd. in Pomper, Foerstel and Broder). Apart from being an expression of clear bias from the conflict's chief mediator, such statements deeply anger Arab and Moslem populations because they exhibit an utter disregard for international law. That the United States is, within the ... Security Council Resolution 242"). Not only has Israel refused to respect this resolution but, to date, the United States has exploited its veto power to prevent the passage of ten resolutions which reiterated Resolution 242 and demanded ("U.S. Has A Long History"). Added to that, the United States has further vetoed resolutions which not only called upon Israel to respect international law but which condemned its killing of innocent Arab civilians and children. In total, the U.S. has vetoed 77 resolutions which condemned Israeli actions against Arab people and territories, and which demanded the withdrawal of Israel from Occupied Territories. With hardly any exception, the resolutions vetoed by the US had obtained near-unanimous Security Council and General Assembly approval (Reilly). From the Arab viewpoint, therefore, the United States is denying them justice under the law. The nature of the resolutions vetoed by the United States is fully expressive of the extent to which it is determined to deny Arab states justice under the law, and the degree to which it is biased in favor of Israel. This statement is amply supported by facts. For example, in 1990, the United States vetoed a resolution condemning the murder of seven unarmed Palestinian civilians by an Israeli, and in December 2002, vetoed another resolution condemning Israel's killing of UN employees ("U.S. Vetoes of UN Resolutions Critical of Israel"). Indeed, the United States has further vetoed resolutions whose intent was the "affirmation of the inalienable rights of the Palestinians," and the murder of Palestinians as they prayed inside al Aqsa Mosque.

Critique the Article Critical Thought Assignment

Critique the Article Critical Thought - Assignment Example The participants are not compensated of the losses that they undergo due to the unexpected strikes. Thought the whole article, the author shows disapproval of the trade unions and the roles that they play in advocating the rights of the workers. He simply agitates for proactive planning and foreseeing such events before they happen, and hence plan in good time (Jay, pg. 28). The labor unions play a very critical role in the life of the workers. It advocates their rights, which includes wages, allowances and good working environment. The author is not sensitive to the needs of the workers when he disregards the strikes and their agitation for their needs. Essentially, the management of the institutions that took place in the strike is to blame. Why could they not settle the issues with the workers and prevent the occurrence of the strike? Even as far as the workers have their right to protest against poor working conditions, they should be strategic in their planning. They do not want to call for a strike, and no step is taken to improve their grievances. They possess the power to power to dictate what they want as long as it is in line with the operations of the firm. There is no problem with the workers calling for a strike before a big event, as it likely to be felt more than before. In summation, the author’s opinion is contrary to the rights of the workers. He is too much on the unexpected losses caused due to the sudden