Common law Essay Example | Topics and Well Written Essays - 2000 words - 1

Common law - Essay Example Wirral Utilities has dug a trench along the pavement and so as to prevent anybody falling in the trench, placed at one end a long handed hammer and at the other some picks and shovels. One end of the hammer lay on the pavement, and the other was hooked on to some railings. These precautions would have been sufficient for the public at large who used the pavement, but the claimant was special, in that he was blind. While walking to his work along the pavement as usual, he had a fall because he tripped over the end of the hammer lying on the pavement. Normal people would have seen the danger, but the claimant did not. He was himself not negligent. His white stick had passed over the hammer. As a result of the fall, he banged his head against the pavement. In the resultant injury, he became deaf and had to retire early from the job. The claimant has sued Wirral Utilities for the tort of negligence. The case is founded on four scenarios or likely turns of event. First is whether Wirral Utilities owed any duty of care to the public at large who utilized the pavement. The next question is whether Wirral utilities breached that duty owed to the claimant. It is the third point to be considered whether the damage to the claimant i.e. the injury caused to him arising from such negligence was foreseeable by a party in a position as Wirral utilities. Ultimately the essay will address the possible defences that Wirral utilities may have against the action brought by the claimant. People have rights in law apart from those arising out of contract. These rights can be enforced by the injured party. When these rights are infringed by somebody out of which the person is injured, and a damage results out of that injury, the party whose act or omission led to the tort is liable to the person aggrieved. Law imposes a duty upon everybody to take care that no one suffers as a result of his act or omission. Thus, in law, a person is duty bound to keep his dog on a

The principle of non-refoulement at sea and the effectiveness of the Essay

The principle of non-refoulement at sea and the effectiveness of the asylum protection - Essay Example ations to grant asylum to any person in modern history is evidenced by he numerous treaties and conventions attempting to compel states to extend such acts of grace. The international law regarding human right such as protection and life envisages the probability of reluctance of states to admit persons into their territories on various grounds such as national security, particularly during this period when terrorism is on the increase1. Intricate issues of crises in the human society such as wars and mass displacement raise humanitarian conditions that urgently need attention due to the direct and weighty matter of life threatening challenges forcing asylum seeking. The international community identifies the need for cooperation among countries for non-conventional immigration and admission of civilians facing life-threatening challenges from their home country. Despite the fact that the requirements of registration of mass asylum seekers appears to follow certain immigration formal ities, the risks faced by such asylum seekers form the basis of admission as a matter of urgency. The precipitating factors that caused widespread displacement of persons across the world included the world wars, and the United Nations General Assembly made the recognition of the humanitarian nature of this problem in 1946. Among the major resolutions to the effect of resolution of the refugee condition was Resolution 8 (I) that barred forceful return of displaced persons to their countries of origin after the war. The formation of the International Refugee Organization in 1946 is testament to the resolve and commitment of the world leadership at the UN2. Its ambitious establishment brought important success in the recognition of refugee status as well as protection against hostility of various forms. However, its future faced the threats of the Cold War that ensued after the laying of the foundation of the United Nations. Its reinforcement came by way of stronger organs, agencies and

Causes and effects related to the success of the phenomenon of video Essay

Causes and effects related to the success of the phenomenon of video games - Essay Example Cause 1 During the course of this discussion we would specifically be looking at the different causes and effects that have contributed to the success of proliferating this culture. A major cause for the expansion of the video game industry in recent times has been the ever mushrooming entertainment industry of US in particular. With the passage of time as the entire entertainment market of the country has undergone diversification novel frontiers have been explored for launching and marketing a product. For the fulfillment of this purpose the gaming industry has proved to be the economic backbone. Fiction based movies that are based on comic book or mythical characters such as Batman, Spiderman, Harry Potter or Hercules before their release launch their video games in order to ensure that the gain accessibility to address the needs and requirements of every market segment. Since children in any form play the most proactive role of determining the success or failure of a product it i s important that their needs are addressed accordingly. (Flew. 113) Effect A concomitant effect of this has been observed in the development of extremely violent behavioral attitudes among children. Many of these games that are based on comic books characters contain intense violent and brutal ways of killing enemies as a result of which they have an overwhelmingly profound effect on the behavioral development of children. In addition to this many of these games also contain highly vituperative and inflammatory language which after developing a habit if playing these games children inherits with utmost ease. Another effect of the video game culture that is also important to mention in this context is that by getting addicted to this culture many people begin to believe in the existence of a fantasized world comprising of all these superheroes none of which exist in reality. Hence video games can also be accused for presenting fantasy in such a realistic way that is becomes more real istic than reality itself. Cause 2 The global gaming industry which is handled primarily by the technological kingpins of United States is also overwhelmingly influenced by the political operations and military affairs that are taking place in the country. We are all well aware about the military turbulence that the United States is currently going through. This is simultaneously reflected and projected in the content and storyline of the games that are prepared by the gaming industry. Many of the games such as Call of Duty, Delta Force and Medal of Honor are based on war missions many of which are based in either Afghanistan, Iraq or in any different country of the world. Even though on a technological scale these games are simply flawless, but they do develop and impose their effects on the members of a society in rather subtle ways. Effect One of such effect has been in the form of developing and incorporating stereotypes in the minds of their people regarding different nations a nd their civilians respectively. For instance, there remains less discussion about the fact that the West has long portrayed Arabs either in the role of nomads or greedy oil sheiks. Similarly, the women belonging to these countries have been characterized either as belly dancers or people who are continuously subdued or oppressed by their husbands. This kind of projection has further cemented in the minds of American people with the

The concept of Open Markets and Closed Borders. HLSs311 Forum 2 Assignment

The concept of Open Markets and Closed Borders. HLSs311 Forum 2 - Assignment Example Keeping the borders closed would also cause huge inconveniences from people travelling in and out of the country. Such interventions may have far-reaching effects on the country’s economy. Even if the borders present an opportunity for terrorists and other illegal activities, such as illegal immigration, the country cannot afford to keep the borders closed. This may explain the reason the DHS has increased its presence along the border to secure legitimate travel and trade (Department of Homeland Security, 2011). Business organizations in the United States target numerous foreign markets that may require constant travels across border. If such activities are restrained, such organizations may incur huge losses. Therefore, the government should continue with its efforts aimed at securing the border without necessarily closing it. The ‘need to share’ should replace the ‘need to know’ as reflected in the 9/11 commission report. According to the report, the United States may have been attacked owing to policy issues. Before 9/11, the United States did not consider terrorism as an overriding national security issue (The 9/11 Commission, 2004). This ideology is a reflection that even if the country understood that terrorism was a threat to security, it underestimated the potential consequences. If information regarding the growth of Islamic extremism was available to security agencies. In fact, the commission asserted that the 9/11 attack was more of a shock than a surprise. The FBI also manifested its weaknesses in terms of its capability to link information collected by its agents to identify threats to the national security (The 9/11 commission, 2004). The commission also revealed that the country’s security agencies failed to manage information from the unique challenges of th e 21st century. This is an indication that, the country’s security agencies could have identified

Agrarian Reform & Land Distribution in Brazil Essay

Agrarian Reform & Land Distribution in Brazil - Essay Example (CNN, 2007) This pitiful state in the agrarian sector in Brazil is responsible for the small peasant with big-sized family ending up with no land for tilling. This pathetic land holding pattern in Brazil has led to widespread resentment among the peasant class. This resentment has even taken the form of violence across the nation as the demand for land for mere survival has intensified. The distribution of land in Brazil is indeed uneven. Thorough decades, till date the agricultural development in Brazil is very much biased towards the big agricultural estate. This has benefited only a tiny section of the oligarchy that is associated with commercial and trade capital investment while leaving majority of the population out of its ambit. In the past two and a half decade, more than 30 million workers related to farming, including men and women, had to leave their land and a further 4.8 million peasant families can dream of holding own land. One of the most appalling results of this gross injustice is starvation—nearly 31.5 million people are being tormented from food shortage in Brazil, of which 50% live in the countryside. (FIAN International Secretariat, May 2000). Agricultural modernization process initiated in the country has only aggravated the situation—inequality in the distribution of land has widened which resulted into more exploitation of the agricultural laborers. In fact, majority of the agricultural laborers are denied their basic rights. The situation is so serious that in some areas of the country, slavery is an accepted practice. Along with this, the female workers are subjected to huge discrimination—they work twice as long as their male equal, and are paid less than the males. The modern agricultural system in Brazil is based on the intensive exploitation of scarce land and natural resources, along with the use of heavy machinery, chemical fertilizers and pesticides. The

Technological Achievements that Led to FISMA and COPPA Essay

Technological Achievements that Led to FISMA and COPPA - Essay Example This can be seen clearly from the enactment of various legislations that are aimed at protecting security and privacy such as the Federal Information Systems Management Act (2002) and the Children’s Online Privacy protection act (1998). FISMA and technological advancement leading to its creation FISMA in general aims at mandating basic security standards for government information technology systems. It requires that government agencies detect and report security vulnerabilities in computer systems. It also requires of them to improve the information security framework that is the plan of how they will improve the networks and finally the act includes a set of directives that govern agencies’ security responsibilities and how to adhere to the law (NIST, 2002). There are a few advances in information technology that resulted in the formation of this act. The first advancement is the move from mainframe computers to networked computing. The mainframes were originally larg e machines used for processing data by the federal government. Most of these were stand alone and therefore the risk of accessing information was greatly reduced. The move to networked computing where agencies could share information over a network increased the risk of exposing information to unauthorized persons. Secondly it also increased the chances of the computers being hacked into and data being used for malicious purposes. These advancements therefore led to ethical issues such as privacy and security concerns that had to be addressed necessitating the creation of this act (Dark, 2010). The second advancement was the move from the networked machines between government agencies to the internet. Networked computing enabled agencies to share information whereas the internet enabled agencies and individuals to access basic services online without having to go to the government offices. With this move privacy and security concerns increased as government departments became prone to cybercrimes such as the hacking of websites and this meant someone could hack into a government website, modify information or even collect information from citizens and use it for malicious purposes. Such necessitated regulations to be enacted to ensure that government information as well as individual privacy is protected (Dark, 2010). COPPA and technological advancements leading to its creation The second act, the COPPA act in general aims to give parents the control over what information is gathered from their children who are below the age of 13 online. The dynamic nature of the internet necessitated the creation of this act which applies to operators of commercial websites and online services that collect make use of or disclose personal information from children under the age of 13.it is also directed at operators of general audience websites and online services that know they are collecting, making use of or disclosing information that is of personal nature from children under the age of 13. It requires operators to issue comprehensive privacy policies, provide parents with notices for consent, provide parents access to information collected from children, give parents authority to prevent further use of internet and ensure confidentiality security and the integrity of information they have

The Russian Revolution Essay Example for Free

The Russian Revolution Essay The Russian Revolution was not merely a culmination of event from 1905-19-17, but was the result of political, economic and social conditions from centuries of corrupt tsarist rule.The Russian Revolution of 1917 involved the collapse of an empire under Tsar Nicholas II and the rise of Marxian socialism under Lenin and his Bolsheviks. It sparked the beginning of a new era in Russia that had effects on countries around the world.The Russian Revolution of 1917 was one of the most significant events in the 20th century. It completely changed the government and outlook on life in the very large country of Russia. The events of the revolution were a direct result of the conflict in World War I. Many problems had led to the debilitating situation in the early 20th century for explain like social, economic and political conditions led to the Russian Revolution. For the social conditions Russia needed to educate the population. Many peasants were hungry and starving caused many to die of starvation. Many peasants were unskilled and forced into labor. Also A large majority of the population was illiterate meaning didnt know how to read and write, so many were jobless and uneducated. Factory owners wanted workers who knew how to read and write and factories were looking for more skilled workers. According to Document 3 unskilled workers had dedication but were forced into factories with dangerous conditions. Also according to Document 2 the Communist government wanted to take away illiteracy which affected city workers . But then as early as 1919 a campaign was started to remove illiteracy . In 1921 school were built in factories and were offered to construct basic reading, writing and arithmetic lessons.The education of the people led to the growing popularity of several anti-Czarist groups. Another condition that affected the situation was Political Russia’s Army was extremely weak, made mainly of peasants, and the cost of war was weighing down on the citizens of Russia. In reality, Czars Nicholas II had no ability to be a ruler, and proved himself to be politically incapable of governing a country. Starvation and poor living conditions lined the streets of homeless families. Many people were unemployed, and  those who were faced terrible conditions when they were working.Czar Nicholas II was a firm believer that his power to rule was granted by Divine Right, Nicholas assumed that the Russian people were devoted to him with unquestioning loyalty. This belief rendered Nicholas unwilling to allow the progressive reforms that might have made the suffering of the Russian people die down.Dissatisfaction with Tsar Nicholas II culminated in the huge national disturbance, that followed the Bloody Sunday massacre of January 1905, in which hundreds of unarmed protesters were shot by the Tsars troops. Workers responded to the massacre with a crippling general strike. This led to the growing population of several anti-czarist groups There.were also social democrats, such as the Bolsheviks and Mensheviks. Both groups aimed to overthrow the Czar and create a socialist state, they had the support of students and workers, but the main differences were in the organization of the parties. The Bolsheviks, believed in a small, secret, disciplined party of professional revolutionists who would seize power when the time was right. They planned revolutionary cells of three or four people who would organize strikes and demonstrations in factories. Among these people was Vladimir Ulyanov, better as Lenin. He was a devoted Bolshevik who was exile to in Siberia after being arrested for his action in a Marxist group Marxism is a political ideology often known as Marxism-Leninism. It marked the beginning of the spread of communism in the 20th century. The Mensheviks, believed the party should be a mass organization which all workers could join. This mass party would grow until it eventually took power. Among these the Mensheviks was Lev Bronstein, better known as Trotsky. Trotsky was a kulak, a rich peasant..Later on, he became the Menshevik chairman. One more condition that affected the situation was economic At the same time, peasant life and culture was changing constantly. Change was facilitated by the physical movement of growing numbers of peasant villagers who migrated to and from industrial and urban environments, but also by the introduction of city culture into the village through material goods. Workers also had good reasons for dissatisfaction overcrowded housing with often disgraceful sanitary conditions, long hours at work 10-hour workday six days a week was the average and many were working 11–12 hours a day by 1916, constant risk of injury and death from very poor safety and sanitary conditions, harsh  discipline (not only rules and fines, but foremen’s fists), and poor wages. At the same time, urban industrial life was full of benefits, though these could be just as dangerous, from the point of view of social and political stability, as the hardships. Acquiring new skills gave many workers a sense of self-respect and confidence, heightening expectations and desires. Living in cities, workers encountered material goods such as they had never seen while in the village. Most important, living in cities, they were exposed to new ideas about the social and political order. The soviet state from the early 1920s through the 1930s had many problems that led to the revolution. Stalin missed much of the activity leading up to the Russian Revolution in 1917 because he was exiled to Siberia from 1913 to 1917. Upon his release in March of 1917, Stalin resumed his role as a Bolshevik leader. By the time he was reunited with Lenin, who also returned to Russia a few weeks after Stalin, Czar Nicholas II had already step down from is thrown as part of the February Russian Revolution. With the czar removed, the Provisional Government was in charge. Lenin and Stalin, however, wanted to break the Provisional Government and install a Communist one, con trolled by the Bolsheviks. Feeling that the country was ready for another revolution, Lenin and the Bolsheviks began a nearly bloodless coup on October 25, 1917. In just two days, the Bolsheviks had taken over Petrograd, the capital of Russia, and then became the leaders of the country. By 1927, Stalin had effectively eliminated all of his political rivals (and exiled Trotsky) to emerge as the head of the Communist Party of the Soviet Union. Lenin wanted a worldwide communist revolution stalin only wants to increase the power to the soviet union. Stalins willingness to use brutality to achieve political aims was well established by the time he took power; nevertheless, the Soviet Union was unprepared for the extreme violence and oppression that Stalin unleashed in 1928. This was the first year of Stalins Five Year Plan, a radical attempt to bring the Soviet Union into the industrial age. Stalin’s Five Year Plans started a farming revolution. The government took control of farms and combined them to make government owned farms called collective farms. According to Document 5 it shows how Stalins first Five Year Plan worked how the government took control over everything like electricity coal ,oil, pig iron, steel. Alson in Document 6 too it shows how the USSRs collectivization affected  agricultural production in soviet union. As in conclusion Social , Economic and Political conditions affected the Situation and it led to the Russian Revolution. Some of those conditions had a positive affects and also a negative affect.