Thursday, August 27, 2020

A Good Transport Demand Model for Transportation - MyAssignmenthelp

Question: Expound on the Report on A Good Transport Demand Model for Transportation. Answer: In the vehicle part, the improvement of various models is basic so as to address various issues and taking care of issues. Transportation models are basically key deliberate portrayals, which can speak to this present reality transport and land use frameworks as they exist. The vehicle request model is vital and accessible for the chiefs and there to assist them with being educated regarding key parts of the transportation arranging choices. For this situation, the models need to meet some key basic focuses so as to be utilized as a major aspect of the vehicle request model. The transportation models can help in the working, conveyance of products and furthermore encouraging both the social and recreational exercises in the street transport. All the key advantages, which the vehicle area can appreciate, are totally gotten from the sort of the model. Furthermore, the various needs which the economy, condition and the general public has should be tended to in the interest transportatio n model and this aides in thinking of the best model. By and by, it doesn't state that surfacing with the vehicle request model is only a simple undertaking. There are some key difficulties, which are looked in the improvement of these models, and some incorporate the multifaceted nature and cost adjusting. Another key test looked by the models is the estimate on the vulnerability so as to permit the chiefs to comprehend the dependence measure (McNally, 2000). Tending to these difficulties will assist the producers with coming up with the best model which will have the option to work. This paper will have the option to look and investigate these attributes and among different qualities, which a decent vehicle request model must have the option to have. One of the key significant quality of the vehicle request model is being practical. Much of the time, the unpredictability of the model and the cost factors must have the option to consolidate to guarantee that the choices creators get the best decision of the model to utilize. The best transportation request model must be key in guaranteeing that the courses will be affordable from the underlying plan stages to the transportation cost. The clients of the street arrange must be practical enough with the end goal that the various gatherings will have the option to manage the cost of it. Regarding this, the interest model must have the option to address the cost adequacy of the vehicle part, which will be created. Notwithstanding the cost boundaries, the model must have the option to guarantee that the multifaceted nature of the transportation part is comprehended. The vehicle request model ought not be so difficult for the individuals to have the option to development. This guarantees the various choices creators can utilize this model so as to think of appropriate choice. In every one of the choice, the model must have the option to settle on sure that every leader can take the model examination it and have the option to concoct the applicable choices. In addition, in the comprehending of the unpredictability factor, the interest model must have the option to ensure that is accomplished at the pertinent cost factors. These are a portion of the key variables which will have the option to decide a decent vehicle request model which can be actualized on the vehicle segment. The excursion produced rates in the model must be moderate to guarantee that it will assist with creating pay. The model needs to consider the various factors, for example, the spans of the family units, sorts of exercises, proprietorship if the cars and even the thickness of the improvement drive. The model will join every one of these elements and guarantee it help the choice makes to think a bout the cost viability of utilizing the model. Since various interest models will produce various costs, the best model must guarantee that the best expense is accomplished for each situation. Another key factor, which the model must have the option to decide, is the excursion age on every area. For each situation, the model needs to figure out which zone each excursion goes. The transportation request model needs to improve the engaging quality of the zone so as to settle on the best zone choices. In addition, the appeal of the zone can improve the assistance in the aiding on the movement time. The key source and the goal of the various vessels just as the excursions made are key component which the vehicle request model needs to concoct. What's more, the excursion age must have the option to guarantee that legitimate pay age is accomplished in the transportation area. Since the model needs to dissect the post plan and development impacts, the model must have the option to address the future vulnerabilities that will have the option to influence the segment and address them. Much of the time, this assists with tending with the impacts which the area will confront and subs equently help the choices producers to think of legitimate arrangements. Vulnerability is a key factor for the model since it will have the option to support the organizers and model producers to think of the leave course model, which will assist with sidestepping some key difficulties. The best vehicle request model must guarantee that the future vulnerabilities are all around centered around. The model must be nearly assurance on what it can estimate so as to guarantee appropriate dynamic in the possession of the creators to address such issues. Likewise, the best vehicle request model must have the option to think about the key method of transport decision, which will be actualized unto the created model. The method of transport ought to have the option to upgrade the key vehicle model which the greater part of the individuals can use in specific regions. This ensures the model will have the option to address the issues, which are accessible in the specific method of transport. Distinctive method of transport has various qualities, which won't be applied on various method of transports. The model will have the option to guarantee the key elements of the segment are taken a gander at and that they will be entirely tended to by the picked model. Factors, for example, the limit of the mode, timetables and admission levels are the key components, which influence the diverse method of transports. The interest model must have the option to be explicit considering the sort of model it is tending to so as to think about these key v ariables. Outing task is another key factor, which the models can address. The interest model must have the option to help the producers in volumes of deals that can be dealt with by the transportation part through excursion task. The model ought to have the option to gather the key data that is identified with the course choice and the volumes of section transporter. The numbers, which are created, must have the option to bode well as far as execution. The best interest model will have the option to concoct sensible figures and numbers which can be executed for each situation. Real and the anticipated number of excursion task must have the option to have a sensible figure, which can be executed absent a lot of issues. In the task, the best interest model will have the option to likewise concoct ideal information on street conditions, travel times and travels plans. Taking everything into account, each transport model must have the option to address key components, which pivot around the unpredictability issues and cost viability of the vehicle division. What's more, different elements, which the best model needs to address, incorporate the vulnerability issues, the outing task factors, and the transportation mode it expects to address and outing age.

Saturday, August 22, 2020

The Effectiveness Of UK Anti-Corruption Policy A Research Proposal

The Effectiveness Of UK Anti-Corruption Policy A - Research Proposal Example The article clarifies that there are a few large scale level and crosscountry considers, which have concentrated on the viability of explicit enemy of defilement systems (Cooper and Shour, 2012: p126) and on the specific attributes of nations that have figured out how to diminish their debasement levels to outstandingly low levels (Burrell et al, 2010: p28). Nonetheless, it was likewise noticed that most investigations of this sort regularly accommodate connections, rather than more extensive causal connections, particularly given the noteworthy contrasts that happen between various nations and locales. Consequently, in this examination study, an endeavor will be made to just use those assessments of against defilement, which have been completed at smaller scale level. This exploration study will assess econometric or observational, semi exploratory, and test contemplates that have assessed hostile to defilement mediations at the miniaturized scale level that had to do with motivating forces and checking, just as changes to foundational governs in lessening debasement among workers in the open division in the UK. In scanning for significant writing, the scientist will search for English-language writing that was wrote somewhere in the range of 2002 and 2013. To do this, a hunt of significant databases like EBSCO, JSTOR, and EconLit, will be done, just as dim wellsprings of writing like ProQuest, Index of Theses, NBER, and IDEAS. Furthermore, databases and sites of applicable government establishments and associations will be utilized, while master assessments and reference searches will be requested and directed separately.

Friday, August 21, 2020

Blog Archive January 2019 Event Roundup

Blog Archive January 2019 Event Roundup Are you applying to business school this year? If so, you can enroll in one of our free business school workshops, which are offered both online and in person in major cities across the country! This January, the event lineup includes the following sessions: January 14 Assessing Your MBA Profile (Online) How will admissions officers weigh your MBA application? An experienced senior consultant will help prospective MBAs understand how admissions committees choose from thousands of strong candidates to fill a relatively small number of spots in their classes. January   16 Persian Gulf MBA Applicants: Overcoming Stereotypes and Finding Your Place (Online) Candidates from the Persian Gulf represent a unique subset of the MBA applicant pool, and MBA admissions officers are at risk of stereotyping applicants from this region. Given our track record of helping many candidates, we understand what you can do to emphasize the character traits the admissions committees want to see: hard work, openness, and a clear forward vision. Join us for this one-hour session detailing how you can stand out and earn that coveted letter of acceptance. January 22 MBA Interview Workshop (Online) What do you need to do to prepare for your business school interview? An experienced senior consultant will help prospective MBAs understand the types of questions that may be asked to best prepare for interviews. January 23 Standing Out from the 2+2 and Deferred Admissions Pack! (Online) HBS started the 2+2/deferred admissions trend, and now every other top MBA program seems to be jumping on board or preparing to do so soon. What do you need to do to be a standout applicant for one of these programs? Because this trend is still relatively new, not enough information is available to enable us to fully characterize an ideal candidate. Nonetheless, we can offer you a sense of why some applicants tend to succeed and where others often falter. Please join us for this must-attend session prior to creating your application! January 24 No Stone Unturned: Your 2019/2020 MBA Application Starts Now! (Online) Planning to apply to business school in 2019 or 2020? It is not too early to start planning! By taking action now, you can dramatically improve your chances of gaining admission to a top MBA program in the coming years. Indeed, it is never too soon (and certainly not too late) to take several crucial steps to shape your MBA candidacy. To enroll in one of our free seminars, click the event title in the list above. We look forward to having you join us! Share ThisTweet Events mbaMission Events

Monday, May 25, 2020

In Nature Of Politics, We Have Read And Gone Over Many

In Nature of Politics, we have read and gone over many pieces of literature ranging from Machiavelli’s The Prince, which focuses on the art of maintained and failed principalities, to the Federalist papers’ rational defense of the United States constitution and pluralistic decentralization of government to Dostoevsky’s idea of â€Å"miracle, mystery, and authority† that is framed by the Grand Inquisitor detailed, albeit somewhat twisted, thinking and so on. From these readings, one is taught to grasp these many distinct views to help form a familiar, though rapidly shifting, image of politics and therefore can easily recognize similarities between the ideologies that is provided in these texts. For example, in Dostoevsky s writing, the Grand†¦show more content†¦In terms of miracle and mystery, the Grand Inquisitor criticizes Christ for not erasing blind faith by casting himself down from heaven since â€Å"the angels shall hold him up lest he fa ll and bruise himself, and Thou [man] shalt know then whether Thou art the Son of God.† By not doing this, Christ left his listless masses susceptible to opportunistic people like the Grand Inquisitor or, like Machiavelli had mentioned, religious leaders, or, in more broad terms, leaders that claim divine rights who will, in turn, utilize the â€Å"mystery† surrounding the existence of Christ and therefore God to enslave and unify the already weak masses. Dostoevsky wrote that â€Å"the beast [man] will crawl to us and lick our feet [Grand Inquisitor’s and those of similar strand] and splatter them with tears of blood from their eyes. And we shall sit upon the beast and raise the cup, and on it will be written mystery. [...] only then, the reign of peace and happiness will come for men. Meaning that they, the Grand Inquisitor and the such, will make man fearful and ‘happy,’ and will deceive them with promise of rewards of heaven if need be to ensur e that they remain compliant; compliance also being a vital concept for Machiavelli. Machiavelli, in The Prince, wrote in the multiple chapters, like I previously stated, the art of maintaining principalities. In his detailings, he establishes a theme of compliancy. Compliancy being something that mustShow MoreRelatedOrigins Of Law And Politics1414 Words   |  6 Pageslaw and politics. In the United States, our laws can be traced back to the English common law. There are many tenants of English common law that are still applicable today, such as many of the torts doctrines. However, since 1788, the United States has operated under our current constitution. In that constitution they divided the power of the government and gave the legislative power to the legislative branch, and to keep the Judiciary as a wholly separate branch. So this means that we have one creatingRead MoreEssay Human Nature And The Declaration Of Independence1629 Words   |  7 Pages Human Nature and the Declaration of Independence nbsp;nbsp;nbsp;nbsp;nbsp; I would like to show that the view of human nature that is shown in The Declaration of Independence is taken more from the Bible and that that view is in disagreement with two of the three esays given in class. The Biblical perspective of man is that he was created by a divine Creator with a specific plan in mind and made in the image of his Creator. Men are entitled to the pursuit of happiness but also requiredRead MoreDescartes, Hobbes, and Pascal Essay examples1033 Words   |  5 PagesDescartes, Hobbes, and Pascal During the 17th and 18th century, religion, religious beliefs and most of all the religious leaders played a very influential role in the direction of politics. This was also a time when religion and politics played a large role in the direction of what was accepted as a result of the new discoveries in the natural sciences and in a time when there were some very influential writers, philosophers, scientists and mathematicians. At the time, these people wereRead MoreThe Personality Trait Of Love1598 Words   |  7 Pagesmaking there be no love the the society anymore.Mildred, the wife of the main character Montag, shows no love for her husband, just like everyone in the society, †Ã¢â‚¬â„¢When did we meet. And where?’ When did we meet for what?’ she asked.’I mean-originally.’ He knew she must be frowning in the dark.He clarified it. ‘The first time we ever met, where was it, and when?’ ‘Why, it was at--’ She stopped.’I don t know,’ she said.He was cold. ‘Can t you remember?’ ‘It s been so long.’ ‘Only ten years, thatRead MoreF. Scott Fitzgerald s Winter Dreams Essay1521 Words   |  7 Pagesdemeanor is carefree and supercilious towards the men she has disturbed: â€Å"It was impossible to determine whether this question was ingenuous or malicious. In a moment, however, she left no doubt, for as her partner came up over the hill she called cheerfully: â€Å"Here I am! I’d have gone on the green except that I hit something’† (Fitzgerald 448). There exists a forthrightness in Judy’s manner that is disillusioning for the men. They chide her for stepping out of her societal place, â€Å"‘All she needs isRead MoreAustralia Has Gone Backwards On Women Politics1410 Words   |  6 PagesAustralia Has Gone Backwards on Women in Politics Has the misrepresentation of 50.2% of the population harmed our Nation for good? Y our son and daughter are raised under one roof, afforded the same education and grow up exposed to the same parental expectations. Why is it then that your little girl, however bright, will not be able to reach as high a rung on the corporate ladder? Laura Sims investigates. It might surprise you that while feminist rallies and peaceful protests are taking placeRead MoreClarence Thomas is just the second African American justice to serve on the Supreme Court. Until1100 Words   |  5 Pagesopposite of his predecessor Justice Thurgood Marshall. Thomas’ confirmation hearings have gone down in history as those containing the most drama. His hearings would produce such intense arguments over race and gender. Thomas is one of the most publicly criticized justices in the history of the Supreme Court. The primary reason for that is the uncommon connection between his views and the color of his skin. Many black and white liberals consider him a traitor for being a black conservative. He wasRead MoreAnalysis Of Goethe s Faust 1410 Words   |  6 Pageshistory. This play comes from legends that have been spread throughout Europe during the sixteenth century. Many individuals affirm that the main character Faust really existed but this play is still fict ional. Faust was an alchemist and was a living magician. In other fictional works of art, Faust has sold his soul to the devil. However, in â€Å"Goethe’s Faust,† is different because it goes more in depth with literary themes. Some of these themes consist of politics, culture, philosophy, and most importantlyRead MoreThe Great Fire Of London1285 Words   |  6 Pagessoul searching adventure. However, thanks to Samuel Pepys we have an un-edited, un-filtered first hand account of what it was like to be in the midst of some of the most momentous events in English history. Pepys bore witness to and recorded almost 10 years of experiences which contained the second Anglo-Dutch war, the Great Fire of London, and what living though the Great Plague was like. And while these events can be found in many history books, Samuel Pepys’ diary brings something to the tableRead More Exemplification Essay: The Need to Improve the Apathetic Attitude of Young People1187 Words   |  5 Pagesyoung folks today that wasnt there a hundred years ago? Quite possibly it is a lack of mental stimulation. As responsible citizens of the United States, we should decide to not put up with indifference but encourage young peo ple to get involved in their communities and to be concerned about what is going on in the government and around the world. We must not encourage the apathetic attitude that is creeping in on our young people today because our nation will end up with a population that has opinions

Thursday, May 14, 2020

Essay on DNA in the Forensic Science Community - 1500 Words

This paper explores deoxyribonucleic acid (DNA) collection and its relationship to solving crimes. The collection of DNA is one of the most important steps in identifying a suspect in a crime. DNA evidence can either convict or exonerate an individual of a crime. Furthermore, the accuracy of forensic identification of evidence has the possibility of leaving biased effects on a juror (Carrell, Krauss, Liberman, Miethe, 2008). This paper examines Carrells et al’s research along with three other research articles to review how DNA is collected, the effects that is has on a juror and the pros and cons of DNA collection in the Forensic Science and Criminal Justice community. Keywords: deoxyribonucleic acid, United States†¦show more content†¦This paper examines Carrell et al’s research along with three other scholarly research articles to better understand the effects that the DNA recovered from a crime scene has on a particular case and the forensic science co mmunity. In McClure, Weisburd and Wilson (2008) summary article arguing that in addition to bench science, field experimentation involving forensic methods is key to assess the utility of various methods to solve crimes. The study reflected that there is a need for more research into many aspects of forensic science, criticizing the strength of scientific evidence that’s collected at a crime scene and interpretations of most forensic methods while omitting DNA testing. McClure et al’s (2008) explains that in sexual cases and homicides, the presence of DNA evidence actually increased the likelihood of prosecution and a conviction. According to the article â€Å"†¦the case of convictions, the odds-ratio for the presence of DNA evidence was 33.1 for sexual offenses and 23.1 for homicides† (McClure et al., 2008). Subsequently, the research shows that there was a consistent gradual decline in the national homicide rates that began in the 1900s and continued through into the 21st century. The decline of homicides in the US has dropped by from more than 90% in the 1960s to 62% in 2003. Even though this significant drop has occurred during the introduction of the new DNA testingShow MoreRelatedForensic Science : A Forensic Scientist1648 Words   |  7 PagesIntroduction Topic: Forensic Science In general, a forensic scientist’s job provides an objective, scientific analysis to discover the truth and use that truth in legal proceedings. Forensic scientists take items of evidence collected from crime scenes and determine their relevance to the case by examining and analyzing the evidence. There are various types of forensic scientists that specialize in specific examinations and analysis of different types of evidence. Eventually forensic scientists willRead MoreDNA Profiling Essay example1376 Words   |  6 PagesOJ Simpson to Chandra Levy, DNA profiling also called DNA fingerprinting or DNA typing has played a major role in the criminal justice system. The law enforcement community uses DNA profiling to rule out or identify suspects. Unlike hair microscopy, bite mark comparisons, shoe print comparisons, and firearm tool mark analysis, DNA typing has been developed through massive scientific research and has undergone meticulous scientific evaluation (Innocenc e Project). DNA is a foolproof method of identifyingRead MoreThe American Court System And Dna1014 Words   |  5 PagesThe American Court System and DNA Will the use of forensic DNA in the courts be the equalizer for the wrongly convicted? Per the National Registry of Exonerations, there have been 1,916 exonerations in the United States since 1989 (â€Å"National Registry of Exonerations,† n.d.). Barry Scheck and The Innocence Project have been instrumental in facilitating the exoneration process by presenting forensic DNA evidence to American courtrooms. DNA, or deoxyribonucleic acid, is the hereditary materialRead MoreForensic Science: The Future of Criminal Justice Essay966 Words   |  4 PagesForensic Science The idea of using the science has been started before the debuting of Sherlock Holmes in 1887, who had introduced about the forensic science to help criminal investigation. In history, the work of forensic scientists was performed by medical personnel. Until the end of eighteenth century, the attempts of French medical jurist Antoine Louis, crime solving Chinese book â€Å" Hsi Duan Yu†(the washing way of wrongs), etc gave ideas aboutRead MoreIdentifying Innocent People On Death Row1381 Words   |  6 PagesDelaney Professor Nagy The World of Crime Fiction 12/14/15 Identifying Innocent People on Death Row through DNA Evidence How has DNA evidence helped to identify innocent people on death row? This topic raises the question of how many people on death row should truly be there and what percent are innocent. Jay D. Aronson works at Carnegie Mellon University as an Assistant Professor of Science, Technology and Society, and Simon A. Cole works at the University of California as an Assistant professorRead MoreEssay about DNA, The New Crime Investigator1358 Words   |  6 PagesDNA, The New Crime Investigator Abstract What is DNA? The scientific definition is â€Å"deoxyribonucleic acid, the biological polymer that stores the genetic information in all free living organisms. Two linear molecules entwine to form the double helix. Now that the definition has been stated, let’s now define what DNA means to a crime scene or case investigator. In the law enforcement business DNA has been introduce as a revolutionary and efficient accurate tool to solve and crack modern andRead MoreProblems with the OJ Simpson Trial Essay example1716 Words   |  7 Pagesfor the double murder. The conclusion of Simpson criminal trial resulted in his acquittal. There were various reasons for this acquittal. The most prominent reasons include accusations of racism, evidence contamination, and the lack of faith in DNA profiling. This paper will discuss the issues that arose with the trial in depth and offer an explanation and solution to resolving issues so that the issues do not repeat themselves in the futur e from the lack of knowledge and from learning from theRead MoreDna Evidence And The Justice System1224 Words   |  5 Pages in many criminal cases in DNA evidence. Since the 1980s, DNA analysis has continued to make steady progress as an adjunct to police investigations. DNA can be collected from blood, hair, skin cells, and other bodily substances. Similar to fingerprints, each individual has a unique DNA profile, but unlike that of fingerprints, only a miniscule amount of genetic material is needed to identify or eliminate suspects. However, the reliability and accuracy of the use of DNA evidence in criminal trialsRead MoreDNA Profiling and Criminal Justice: Ethical and Legal Issues1079 Words   |  4 Pagesemergence of DNA evidence as a source of evidence in this search has become a powerful ally for both the prosecution and defense in criminal trials and there has been no clear cut advantage gained by either side of the equation. The use of DNA evidence, often referred to as DNA profiling, has given police and prosecutors a new, and more reliable, means of identifying criminal but the cost of the procedure, the time involved, and the general unavailability of labs to perform the testing has caused DNA profilingRead MoreHuman Body Systems Career Journal974 Words   |  4 PagesHuman Body Systems Career Journal 2015-2016 Entry #1 Activity: 1.2.3 Bone Detectives Description: Forensic Anthropologists helps to study the skeletal systems of people to determine the sex, ethnicity, and distinct characteristics of the dead skeleton they are studying. Definition for Forensic Anthropologist: As a Forensic Anthropologist you will be working with and investigating disease people. You will study the entire body as well as the skeletal structure and be able to get specifics as to who

Wednesday, May 6, 2020

Personal Narrative Essay - My Family - 1001 Words

Personal Narrative Essay: Dianna Belous A few months ago, at family prayer my grandfather was having trouble with his leg and he was limping. My uncle decided to ask if we wanted to pray for him. All the kids got around my grandpa, and we put our hands on him and we prayed about his leg. When he got up his leg was still bugging him. After prayer my grandparents went home and went to bed. The next week, my grandma told us that after we prayed last week, they went home and went to bed, but the next morning he was walking perfectly, without a limp. That was one of the blessings that my family experienced this past year. The Spiritual discipline that has been most helpful in establishing my relationship with God is both worship and prayer. I have already made prayer a part of my life. Every Tuesday my family gets together and we have a family prayer. This includes my whole extended family. we all get together and we pray. We pray about our family, our church, the kids, the youth, and everyone s separate families. It has had a great impact on my life. We started this family prayer thing a year ago. We began it the first or second week of the year. This year with these family prayers and just in general getting together with the family and praying a worshiping together has been such a blessing. First because we are so much closer as a family. Our cousins, at least the older ones, almost always go out and hang out after prayer. Some of the people i never even really talked toShow MoreRelatedPersonal Narrative Traumatic Events in My Family Essay594 Words   |  3 PagesPersonal Narrative Traumatic Event s in My Family The time came for her to be delivered. She gave birth to her first born son, wrapped him in swaddling clothes and laid him in the manger, because there was no room for them in the inn. These were the words that I had spoken during a church Christmas play while I was just about to see the light at the end of my elementary school career. As I looked out into the faces of my family, I realized that I was making someone proud. I too was proud toRead MoreNarrative Essay1497 Words   |  6 PagesThe Narrative Essay *What is a Narrative Essay? †¢ Narrative writing tells a story. In essays, the narrative writing could also be considered reflection or an exploration of the authors values told as a story. The author may remember his or her past, or a memorable person or event from that past, or even observe the present. †¢ The author may write about: -An experience or event from his or her past. -A recent or ongoing experience or event. Read MoreLoss of Freedom in Sedaris This Old House and Angelous Caged Bird1274 Words   |  6 Pageshis feelings through narrative writing, and Angelou explores her concerns through descriptive writing with the analogy of a bird, they still are exploring the similar topic of perceived loss. The loss of freedom, demonstrated by the demand to uphold a family image, versus the caged bird, remain very similar in both pieces due to perceived entrapment, disappointment and self-nonentity. Descriptive essays leave room for misinterpretation and confusion, where as a narrative essay is straightforward andRead MoreHarmony at Home1225 Words   |  5 PagesSynopsis. One of the more interesting essays in Rereading America by Colombo, Cullen, and Lisle was â€Å"Looking for Work† by Gary Soto. â€Å"Looking for Work† is a narrative of a nine year old Mexican American boy who really desires his family to be the perfect family. His assertion is that he is looking back on his childhood, but tells the story as a child’s point of view. The narrative is placed in the nineteen fifty’s, and focuses on his family experience. The essay indicates the boy lives with his motherRead MoreNarrative vs. Descriptive Writing977 Words   |  4 Pages A narrative essay uses a point of view to tell a story. It is an engaging way for an author to tell his reader about an experience they have had or a personal story. Descriptive writing is a description of something. It could be a person, place, thing, emotion or experience. The author is allowed more artistic freedom when writing in descriptive form. While both descriptive and narrative essays are similar in many ways, the descriptive essays use of language fully immerses the reader intoRead MoreThe Border Is A Fight Essay1073 Words   |  5 Pagesmore restrict and militarized. In that sense, Michael Wickert presents his idea in a poem form, text named â€Å"The border Is a Fight†, that desc ribes the dramas of a Mexican family that has to cross the border every day in a hope to get a better future. Whereas, Juanita Lopez demonstrates it through an essay that uses personal narratives of the author’s relatives to illustrate her point of view. Therefore, the both authors exploit their point of views using different text forms, and figurative images,Read MoreAnalysis Of Mother Tongue By Amy Tan913 Words   |  4 Pagesby Amy Tan In the narrative essay, â€Å"Mother Tongue† by Amy Tan, the author sets out the story between her mother, whose English is her second language, and Tan herself can speak native English very well. The essay covers the tonal shift of Amy Tan s psychological change, from grudge to understanding. Although she begins the essay saying, I am not a scholar of English or literature. I cannot give you much more than personal opinions on the English language and its variationsRead MoreIndian Nationalism Concealed as Yearning Reminiscence: Rohinton Mistrys Narrative 830 Words   |  3 Pagesto Dharmsala,† Rohinton Mistry offers a memoir narrative of his trip to the mountainous city of Dharmsala which emerges as an attractive, ocular and fictional delineation of a tour to a Tibetan people’s town in India that ease the speaker come full circle: His childhood imaginations which he pictured by seeing the photographs of his uncles family in reality were quite different in adult hood: â€Å"How far was it- that Dharmsala of my imagination and of my uncle’s youth-how far from what I had seen?†(51)Read MoreObesity : A Huge Problem1138 Words   |  5 PagesDylan Smith Lindsay Simpson Comp II September 14, 2014 Compare and Contrast Essay Obesity has become a huge problem in the United States, and has affected almost everyone’s lives in some way. Obesity is not something people should take lightly, but many do. Obesity is very dangerous and can shorten a person’s life by years. Both David Zinczenko and Radley Balko agree that obesity is dangerous and has emerged as a huge problem. However, the two differ on why this problem has occurred and how it mayRead MoreCompare and Contrast of Quindlen and Lutz800 Words   |  4 PagesCompare and Contrast of Quindlen and Lutz Upon reading and examining two essays, â€Å"Life under the chief doublespeak officer† a narrative by William Lutz and â€Å"Homeless†, a descriptive by Anna Quindlen, I firmly believe that Quindlen provides the preferred essay due to the gravity of her subject, greater personal relevance, and that her material allows the reader to sympathize with the subject matter. William Lutz’s essay addresses the growing trend in Corporate America to disguise actions with words

Tuesday, May 5, 2020

Contributory Negligence and Breach of Contract

Question: Discuss about the Contributory Negligence and Breach of Contract. Answer: Introduction: The law of negligence aims to grant compensation to the plaintiff who has suffered injuries because of the wrongful acts/omissions by the defendant and the defences which can be used by the defendant to secure his position. As per the facts of the case, Anna is the aggrieved/plaintiff and she must prove the elements of the law of negligence against the Trevor who is the defaulter/defendant in order to attain relief for the injuries that are sustained by her. Anna has to prove that Trevor is duty bound to provide care to her which was breached causing harm to her. Whereas, Trevor can prove that Anna has also contributed to her own loss and thus can reduce his quantum of liabilities. Legal principles and its application If Anna has to prove that the injuries caused to her are because of Trevor, then, she has to prove that there is duty of care upon Trevor. In Donoghue v Stevenson (1932) the law of negligence was established for the first time. There were three basic elements which need to be proved to hold the defendant negligent in his actions (Langridge v Levy (1837). The same are duty of care, breach and damages. The duty of care is the duty which every defendant must follow while doing any act/omission. The duty signifies that when the defendant is carrying or not carrying any activity, then, no damage should be caused to the plaintiff (Bryan v Maloney(1995). (P Latimer, 2012) But, the duty of care can only be imposed provided the defendant can foresee the affects of his actions, that is, the affect which can be reasonably foreseeable by the defendant. If the defendant cannot reasonably foresee the impact, then, there is no duty of care (Burnie Port Authority v General Jones [1994]) (Norman, 2004). Also, the law will only impose the duty provided the acts are hampering the interest of those plaintiffs who are connected with the defendant (Grant v The Australian Knitting Mills[1935]. There must be presence of neighbourhood amid the parties so that the acts of the defendant are hampering the interest of the plaintiff directly. (C Witting, 2007) Now, there is a duty of care that can be imposed upon Trevor. This is because there is presence of reasonable forseeability and the principle of neighbourhood. Trevor takes the walking trip on the day light knowing the fact that if the trip is conducted during night then there are chances of injuries that might take place. Thus, he can foresee the impact if this duty is not performed carefully. Also, Anna is one of the walkers on the trip. Thus, whatever acts/guidance that is provided by Trevor will affect Anna directly. There is connectivity amid both Anna and Trevor. So, there is the presence of proximity and neighbourhood principle. So, in such situation, Trevor must take such actions or non actions so that no injury is caused to his walkers because of him. Breach of Duty of care The defendant in all situations must comply with the duty of care that is imposed upon him, that is, he must act in such a manner is that his actions does not hamper any plaintiff who is his neighbour and for all those actions the impact of which he can reasonably foresee. But when the duty of care that is imposed upon the defendant is not fully catered by him, then, there is breach of such duty of care. But, a duty if care is only considered to be violated when the level of care that is expected from the defendant is not met and he short falls from the level of care that is expected from him (Lagunas Nitrate Co v Lagunas Nitrate Syndicate Ltd (1899). The situations are different and so does the level of care, but, whatever may be the situation, the level of care provided by the defendant must achieve the standard that is expected from him Introvigne v. Commonwealth (1982). For instance, if the degree/gravity of harm that might incur from the acts of the defendant is very high then the level of care that is expected from the defendant should also be very high (Paris v Stepney Borough Council[1950]. Likewise, if the defendant is aware that the plaintiff is a child, then, the level of care should be much high when compared with what is given when the plaintiff is a normal person. So, there are various factors that influence the level or standard of care that is required in a y given si tuation, such as, the factors includes, the age of the plaintiff, education, illness, metal condition, etc. Now, in the given situation, the facts reveal that Trevor operates day walking touring service as there were chances of accidents and injuries sustained by walkers when the tours were conducted during night. These walking tours were very easy going and Trevor takes a group of 6 people mainly for bird watching and allied activities. Trevor after understanding from his past experience is aware that the trip should be carried out in day light as any trip in the night has invited injuries. He tried to provide adequate protections to the walkers by informing them that all the walkers must wear sensible shoes and walking. He also made sure that the walkers are supplied with sandwiches and water. All these actions of Trevor may presume that the duty of care that is imposed upon Trevor are complies by him. But, the answer is No. Anna was one of the walkers but has faced injuries during the trip. This is because there was breach of duty of care on the part of Trevor. The level of care that is provided by Trevor is not up to the mark and is considered to be breached. This is because during the mid of the trip Trevor left the walkers alone in search of the new location knowing the fact that if the trekking is carried out in night then there are chances that injuries might be sustained by the walkers. He is aware of this fact because injuries have incurred before when the trip was carried out during night. The walkers have to return alone causing unnecessary hazards to them and Anna. Thus, the level of care is not achieved. He must have made sure that the trip has returned during day light. He must also make sure that no wine consumption should give taken during the trip. But, this duty was also breached as Anna has consumed the win during the trip. Thus, the level of care that is expected from Trevor is not met by him resulting in breach of duty of care. When the duty of care that is imposed upon the defendant is not met by him, then, in order to hold him negligent in his actions it is necessary that there must be injuries that are sustained by him (Carter V Walker(2010). It is only when the injuries are caused to the plaintiff that results in making the defendant negligent in his actions. (McKendrik Liu, 2015) But, the defendant is considered to be negligent only when the injury that is caused to the plaintiff is because of the actions of the defendant. There must be cause and effect relationship amid the actions of the defendant and the injuries that are sustained by the plaintiff. Thus, there is principle of causation that must be complying with, that is, the injuries that are caused to the plaintiff is because of the actions of the defendant. Also, the injuries that are caused to the plaintiff are of such a nature which are not too remote and must have been incurred because of the acts if the defendant. If the injuries are of such nature that they cannot be predicted reasonably or if the injuries are too remote which cannot be reasonably anticipated by the parties, then, there cannot be any negligence that is incurred by the defendant. In the given situation, because of the breach of duty of care by the Trevor, injuries are caused to the Anna. She stumbles down a hill side and resulted in causing her knee injured. Trevor is aware that if he does not bring back the group on time, that is, during day time because there were accidents that took place when the trekking was carried out during night, then there are chances of injuries that might be incurred to the trekkers. Thus, the injury that is caused to Anna is reasonably anticipated by Trevor and still no due action or care was provided by him. Also, the injuries are because of the breach of duty by Trevor, thus, there is presence of causation. Thus, damages have resulted because of the negligent act of the Trevor. So, there is duty of care upon Trevor which is violated by him causing him harm to Anna. So, Trevor is negligent in his actions. But, a defence is available to Trevor which he can use to reduce his liabilities. The defence of contributory negligence simply states that whenever the plaintiff is also negligent in his acts along with the acts of the defendant and it is not the defendant abalone who has caused the injury to the plaintiff, then, the defendant can take the defence of contributory negligence and can prove that it is plaintiff who has also contributed to his own loss along with the acts of the defendant (Vairy v Wyong Shire Council (2005) and thus the defendant alone should not be allowed to imposed with the liability and his liability should be reduced to the level of negligence caused by the plaintiffs actions. (A Freilich, 2000) Now, it is settled that Trevor was negligent in his actions and must provide compensation to the injuries that are sustained by Anna. However, he can take the defence of contributory negligence. It can be proved that the loss that is caused to Anna is not because of the acts of Trevor alone, rather, the loss that is caused to Anna is also because of her own contribution. Anna was directed by Trevor that she should wear sensible shoes and clothing. However, during the mid of the walk, she removed her runner shoes and wore heals which is one of the reasons of her fall. Also, during the walk, she consumed wine which made her restless and not fit for the walk. All these incidences have resulted in causing her to fall and sustain inquires. Thus, Trevor can take the defence of contributory negligence. Now, Anna can sue Trevor under the law of negligence and sue for damages and compensation for the losses that are incurred to her because of the breach of duty on the part of Trevor. But, Trevor is not liable for all the losses that are sustained by Anna. Trevor will only provide remedy for the loss that is caused to Anna because of his negligence and not for those liabilities which are incurred because of the acts of Anna herself. He can reduce his liability by taking the defence of contributory negligence. But, Trevor is not responsible for the loss of income which has resulted because Anna closed down her cafe. The closing down of cafe is not within the predictable damages and thus Trevor is not liable for the same. Guidance to Trevor and Anna It is suggested that Anna can prove in court that Trevor owns a duty of care against her which is not complied by him causing her injuries. Thus, she can prove that Trevor is negligent in his actions. But, Trevor can also prove that the loss that is caused to Anna is not solely because of his actions and that Anna has also contributed to her own loss by wearing heals and consuming wine. So, he can reduce his liabilities accordingly. Also, Trevor is not responsible to the loss of income from closing down of cafe as it is the loss which is too remote for Trevor to predict. Reference List A Freilich (2000) Contributory Negligence and Breach of Contract: The Implications of Astley v Austrust Ltd. Vol 29. C Witting, Tort Law, Policy and the High Court of Australia" [2007] MelbULawRw 23. McKendrik Liu (2015) Contract Law: Australian Edition. Palgrave Macmillan. Norman K, Who then in law is my neighbour?" - Reverting to First Principles in the High Court of Australia (2004). The Tort Law Review 12(2):pp. 85-97. P Latimer (2012) Australian Business law, CCH Australia Limited. Bryan v Maloney(1995). Burnie Port Authority v General Jones [1994] HCA 13. Carter V Walker(2010). Donohue v Stevenson (1932). Grant v The Australian Knitting Mills[1935] UKPC 2 Gala v Preston (1991). Introvigne v. Commonwealth (1981-1982) 150 CLR 258 Langridge v Levy (1837). Lagunas Nitrate Co v Lagunas Nitrate Syndicate Ltd (1899). Paris v Stepney Borough Council[1950]. Vairy v Wyong Shire Council (2005).