LAW FOR BUSINESS Assignment Essay Example | Topics and Well Written Essays - 1250 words

LAW FOR BUSINESS Assignment - Essay Example This type of loss is mostly related with the economic benefits or profits of the claimant. Furthermore, the damages for pure economic losses are not recoverable in tort actions in the absence of the injury of personal nature and in the absence of personal property damage (Claim story, November 1998, p. 60, quoted as saying by Murphy and et. al, 1999). On the other hand, consequential economic loss is a type of economic loss that nearly or proximately results from the failure of the goods to work or function as warranted (Us legal). The examples of consequential economic loss are loss of business reputation, loss of goodwill and other types of loss that are created from the use and consumption of defective products and so on. How does the â€Å"floodgates† principle constrain the right of claimants to claim damages for pure economic loss in negligence?   Answer: The concept of floodgate is that the court will only make the defendant responsible and liable when it is appropria te and reasonable to do so in the public interest (Corporate and Business Law, 2007/08). Additionally, in order to satisfy the basic needs of this approach, some basic and fundamental conditions must be satisfied before going to use this approach for the purpose of claiming damages for pure economic loss in negligence. ... The loss of profit, wasted expenditure, loss of gain and so on are the examples of pure economic loss. Floodgates principles can constrain the right of claimant for the purpose of claiming damages for pure economic loss in negligence. If the claimant is unable to satisfy the basic and fundamental requirements given in the floodgate test, and even if the claimant becomes successful in proving any of the steps given in the floodgate test, he or she cannot be able to receive damages since all the components of floodgate test are not fully and totally satisfied as they should be. Donoghue v Stevenson (1932) Facts: Mrs Donoghue went to a cafe with a friend. She drank a bottle of ginger beer. She subsequently realised that there was a decomposed snail in the bottom of the opaque bottle. As a result, she suffered physical loss. She decided to sue the manufacturer, claiming that they were liable and under a duty to see such external and outside bodies did not get into the bottle of ginger be er. Held: There was a duty on the behalf of the manufacturer to take appropriate and reasonable care while manufacturing of these products. The manufacturer is under an obligation and duty to the consumer to take appropriate and reasonable care to stop and prevent injury. ‘You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour’ (Lord Atkin as saying quoted by Corporate and Business Law, 2007/2008, pp.67). Negligence Negligence as a tort is a sort of breach of a legal duty to take care, which causes in damage to another (OUP). In order to satisfy the occurrence of negligence, three conditions must be satisfied. Without satisfying these basic and fundamental conditions, the event or incident of

LIFE EXAMINATION PAPER Essay Example | Topics and Well Written Essays - 1000 words

LIFE EXAMINATION PAPER - Essay Example Somehow, innate mental and physical characteristics, and ethno-racial, religious and financial backgrounds certainly have their significance in development of likes, dislikes, and priorities. Personal views and philosophies about life appear to be absolutely different in people, even the siblings that not only belong to the same parental lineage but also have experienced the same socialization process and environment at large. Therefore, the criticism seems justified that individuals enter the world carrying divergent codes of mind that decide and determine their future life and activities actually. Somehow, the importance of social interaction could not be refuted altogether due to the very reality that it surely turns biological man into a social individual, and teaches him the norms, values, mores, traditions and conventions that have been in vogue in the culture and/or society the individual belongs to; the same is also applied to me. Like other members of my society, I also belo ng to one specific ethno-racial community, which makes me distinctive from the people belonging to other groups co-existing in society. Though sometimes these feelings create my affiliations with in-groups and apathy for out-groups, these feelings never adopt the form of hatred or prejudice for others. It is perhaps because of my belonging to a well-educated, groomed and responsible family that I have learned the universal message of love and respect for all members of my social establishment without discrimination. Similarly, I have faith in my God, who has created all humans out of rotten clay, so having feelings of superiority simply means deviating from the statutes of divine law, actually, which declares all humans to be equal. I remember the influence of religion on my thoughts; since I was regularly taken by my parents to church on every Sunday, I obtained the basics of Christianity at a young age of my life. The life and sayings of Jesus Christ left indelible imprints on my mind, and I developed the views of caring for all and sundry without taking his/her background into the slightest consideration. I obtained primary and elementary education at a well-reputed school and studied the basics of sociology, history, theology and Western philosophy at high school. I also studied conflicts and wars taken place between people belonging to rival factions and groups. It also infused the passion of fighting against my rival nations and communities for the political and economic uplift of my nation. However, my years at college turned out to be more productive in respect of bringing tremendous alterations in my views about wars and battles. At college, I was taught the basics of business finance and commerce, and the role played by currency and transactions. It was really a wonderful experience for me. Since I had already obtained the knowledge of the barter system and other ways of earning in the discipline of cultural anthropology, the idea of business ethics and corporate culture particularly fascinated me. I also learned the changing of the vast world into a small global village just because of the wonderful inventions made by the great minds for the

Analysis of the 8th Amendment

Analysis of the 8th Amendment 8th Amendment Introduction The 8th Amendment (Amendment VIII) to the United States Constitution can be legally defined as the section of the United Sates Bill of Rights that which forbids the federal government from imposing excessive fines, neither inflicting cruel and unusual punishments nor imposing excessive bail. The 8th amendment was approved to be part of the United States Constitution in the year 1791.This amendment was almost similar to a stipulation made in the English Bill of Rights of 1689 where the government made a declaration to the point that they had to operate as their ancestors had by not demanding for excessive bail neither imposing excessive fines nor inflicting cruel or unusual punishments. In the case of England the provision was mainly driven by the punishment involving Titus Oates. During the reign of King James II in the 1680s Titus Oates worked as a fixture in the London pillory circuit. Oates was involved many ordinary penalties that had been collectively imposed forced on him in a manner that was both excessive and unparalleled. Oates had lied under oath which led to many innocent people being placed under the death sentence. Parliament approved the declaration against â€Å"cruel and unusual punishments â€Å"for England in the year 1689. The declaration was explained by the parliament that it was supposed to prevent punishments such as the one inflicted on Titus Oates by the Kings Bench. In December 1689 the then parliament endorsed the provision to be passed into law. The first state to adopt a stand similar to that of England on the issues was the state of Virginia. In the year 1776 the Virginia declaration of rights incorporated the English bill of rights and then went on a step further to recommend in the year 1788 that the above provision be included in the united states constitution as at the Virginia convention that meant to approve the U.S constitution. It was some Virginia states men such as Patrick Henry and George Mason that first endorsed that congress be limited by use of the restriction as in the English bill of rights. This was based on the fears that if that did not happen the congress could inflict some punishments that were both unusual and severe on criminals. The two Virginians also stressed the need for the Congress to do away with the line in the English bill of rights that seemed to admit of tortures and barbarous punishment inflicted on its people in the past. And also recommended congress to start the enactment of civil law in favor of the more practiced common law. In the end Mason and Henry were successful in their quest and then the 8th amendment was adopted by the United States. In the year 1789 James Madison changed the words ought in the English bill of rights to† shall then proposed it to the congress for amendment. Cruel and unusual punishments The eighth amendment according to the Supreme Court prohibited entirely the infliction of some punishments and at the same time forbid some other punishments which when compared to the crime for which they were given for were seen to be excessive or those which were seen to be excessive when the competence of the perpetrator was put into light. This was seen as necessary because in the earlier years some of the judgments handed down to the people were in excess considering the fact that the perpetrators were either incompetent to commit such crimes or the crimes committed were minor. In the year 1962 the supreme courts ruled that the cruel and unusual punishments act applied to all the states of the United States through the fourteenth amendment. This followed the case involving Robinson vs. California, 370 U.S. 660 in the year 1960. Before the Robinson case the eighth amendment had only earlier been applied in cases against the federal government. In the case involving Furman vs. Ge orgia, 408 U.S. 238 of the year 1962 the four principles that would determine whether a punishment passed onto a perpetrator was â€Å"cruel and unusual† were written by Justice Brennan. These included statements that for the punishment handed down judging by how severe it is degrade human dignity under conditions as in the case of torture, it also that any unusual and cruel punishment was one which was totally and clearly rejected by the whole society, one which was seen to be inflicted in a manner that was seen to be wholly arbitrary or one that was patently unnecessary. Brennan went on to write that it was an expectation that no American state would pass a law that would seem to undermine any of the four principals, such that all decisions made in court involving the eighth amendment would consider all the these principles. The punishments for which according to the eighth amend were forbidden regardless of the crime committed would include any form of disemboweling, public dissecting, drawing and quartering or burning alive. This in relation to the four Brennan principles where punishments that were totally rejected throughout the society. In the cases of Atkins vs. Virginia 536 U.S. 304 of 2002 the supreme court declared executing mentally handicapped people fell in the forbidden punishments and also in the case of Roper vs. Simmons 543 U.S. 551 of 2005 where the court ruled that executing people under18 years was a violation of the eighth amendment regardless of the crime committed by the perpetrator. Punishments that were forbidden for certain crimes included cases in which the court had to overturn punishments such as the cadena temporal which mandated that â€Å"hard and painful labor† shackling are done away with while in the process of incarceration or when faced with civil disabilities that were permanent. The case mentioned above took place in 1910 and was often seen as a means of establishing some proportionality when applying the eighth amendment. In some other cases it was ruled that punishing a natural-born American citizen for any crime by taking away his citizenship was perceived to be unconstitutional and primitive as it involved completely damaging the persons status in the society. In a case involving Coker vs. Virginia 433 U.S. 584 of 1977 the court at the time clearly stated that the imposition of a death penalty or rape was totally unconstitutional and that applied to any other case where death did not occur. It went ahead to clarify that rape crimes by d efinition do not include either death or even any serious body harm to the other person. Excessive fines For many years the United States Supreme Court never had much to say when the subject of excessive fines was mentioned. In one early case the Supreme Court had no power to revise any judgments passed by a lower court as regards the subject of heavy fines being imposed on someone. In later years the need to need to review the amount of fines levied on a person because it always led to the imprisonment just because the person was unable to raise the amount imposed on him/her by the court. In a step meant to ensure equal citizen protection the court found a way to put to meaning the words â€Å"excessive fines† when compared to the person for whom the judgment is meant to affect. But the court also ruled out applying the above clause could not be applied to cases involving private cases where the government had not been involved in the prosecution nor was it to receive any share of any of the awarded damages. This decision was based on the intention for which the excessive fines clause was meant for. The court clearly stated that at the time when the eighth amendment was adopted into the united states constitution the word ‘fine was taken to refer to any payment that would have to be made to sovereign entity for an offence committed. THE court left open the decision as to whether the clause could be applied to qui tam actions or cases involving civil penalties but at the same time it concluded that the excessive fines clause was initially intended to affect the fines that were only imposed by one payable to the government. In cases involving any civil forfeiture the excessive fines clause could be applied. The meaning of the clause as it regards to the quantum punishment of any particular offences when it is independent of the ability of the offender to pay the fine imposed on him still awaits the result of legal proceedings. Excessive bail In England it was the duty of the sheriffs to decide whether or not a person deserved to be granted bail. Due to the continual abuse of power by the sheriffs the government back then released a statute that clearly categorized the bailable and the non-bailable offences. But these statutes could be subverted according to the decision of the Kings judges. According to the law then a person could be held without bail depending on the commands of the sovereign authority. It was often argued that the King did not have the authority to make such decisions and this led to the infringement of human rights when people were intentionally kept in prison despite having committed bailable offences. This and many more ambiguities were eventually put to an end by the Habeas Corpus Act of 1679. After the Habeas Act was passed judges were faced with the decision to set the bail amounts but they often posed some amounts that were impracticable. It was until the year 1689 that the English bill of right s forbids the demand of excessive rights but a further amendment to distinguish between bailable and non bailable offences was needed. Bail is said to be excessive and in violation of the Eighth amendment if the value to which it is set is higher when compared to the reasonably calculated value that is aimed at ensuring the governments asserted interest. The aim of setting bail is said to be as a guarantee that the person who is accused is going to present himself for trial and accept the sentence that is handed down to him and no more. In order for a person to be able to challenge the amount of bail imposed on him he must move for a reduction. If the reduction is denied then the court of appeals followed by the Supreme Court can overrule the decision. The eight amendment could not be applied to post convicted release cases that await appeal but it is normal practice to grant leases in such cases. Bail is seen to uphold the presumption of innocence before a person is tried acquired only after centuries of struggle. The excessive bail clause adopted by the United States constitution from the English bill of rights had slight changes made on it. In the England act there was no provision that stated that one had the right to bail at all times but only provided that the bail amount imposed on a person was not to be excessive in the cases that bail could be granted. The governments argued that the amount of bail imposed was not to be excess when compared to the weight of the crime committed by the person. Conclusion The eighth amendment to the United States Constitution was a good step in defining various issues that surrounded judgments passed onto persons since time in memorial. It is aimed at eliminating the infringement of the basic human rights as it regulated the amount of punishment that one could be given based on the offence. In the years before the amendment could be done peoples rights were sometimes stepped on as some of the judgments passed amounted to torture on the person. This is in a way seems to bring fairness in the judicial System of the United States. This amendment protected people from situations where the amount of bails, fines imposed on the person could not match the perception of the crime committed. The American constitution is supposed to ensure a stable and responsible government. It is generally supposed to protect the rights of the American citizens even against infringement by the government itself. this is exactly what the eighth amendment went on to do, making every citizen equal before the law and making sure every citizen gets a fair judgment based on the crime committed, whether it regards the bail set or the amount of fine one is asked to produce. References Bamonte, T. J. (1981) Journal of Law and Criminology: Eighth Amendment- A significant limit on federal court activism in ameliorating state. USA: Northwestern University School of Law. Eighth Amendment. (2009, June). Eighth Amendment. Retrieved October 6, 2009, from http://www.lectlaw.com/def/e082.htm Find Law. (2009, June). U.S Constitution Eighth Amendment. Retrieved October 6, 2009, from http://caselaw.lp.findlaw.com/data/constitution/amendment08/ Haney, C. (1997). Psychology and the limits to prison pain: Confronting the coming crisis in Eighth Amendment. New York: American Psychological Association. Harr, J. S. (2008). Constitutional Law and the Criminal Justice System. USA: American Press Association Introduction the Eighth Amendment (2009, July). AN OVERVIEW OF CONSTITUTIONAL PRINCILES RELEVANT TO CAPITAL CASES. Retrieved October5, 2009, http://www.capdefnet.org/hat/contents/intro_to_8th/3_intro_to_8th.htm Welzmuller, M. (2000). The death penalty – legal cruelty. USA:

Effect of Light in The Stranger and One Day in the Life of Ivan Denisov

The light in the two novels The Stranger and One Day in the Life of Ivan Denisovich(One Day) has an animalistic effect on the protagonists. In The Stranger, Meursault complains about the intensity of sunlight. His nature is not a light friendly one, he becomes distracted and begins to sweat under intensive light. Meursault may in several ways be compared to a bat, confused and irritated by light, though when in a dark environment, he is able to concentrate and focus. On the other hand, Shukov from One Day experiences light as mental freedom from the dark camp. Light allows him to hope for a better future for him and everyone in the camp. Shukov shows animalistic features as well, as he wakes with the sun rising and ends his day with the sunset. He tolerates darkness as long as he does not encounter major vision difficulties due to the dark. Meursault lives in a small town at the beach with daily, sunny and warm weather. On the contrary is the weather in the USSR, in which Shukov has family and a home . The USSR, by maintaining mostly negative temperatures throughout the year, transmits a rather negative image of the environment. Both protagonists ironically react to light and darkness opposite to the presence of light and darkness in their environment. In The Stranger, Meursault is not able to tolerate intensive light which causes him to think narrowly and furthermore behave according to such thoughts. He does not seem to feel any emotions at his mother’s funeral as he shows more interest in the details of her death than his emotional connection to her as his mother. He is more bothered by the intensity of the light than the fact that his mother died. He portrays this kind of attitude at his mother’s funeral and then later on ... ...eursault is lead by it and thus is not fully aware of his actions. Another difference between both characters exists on their emotional level. One has to allow light to enter the heart to have the ability of sensing feelings. Being suppressed by the authority, Shukov sees light as hope for freedom and is well-heartedly open to it. Mersault though is not able to tolerate it thus open his already emotionless heart for it. He does not know if he loves Marie, nor cares who he would be married to. No tears are spilled by him at his mother's funeral and he neither shows any kind of emotions at his own execution. Meursault is not able to say if his lawyer is on his side and if he can trust him because there "no way of knowing it, because our heart is blind." (The Stranger, 120) Light entering the eye allows us to have vision, only light entering the heart allows emotions.

Speech Plan

Beto Arellano Comm 3 Informative Speech Plan Title: Hip-hop Abs Specific Speech Purpose: To inform my Comm. 3 audience on how to achieve abs with the hip-hop abs program Statement: There are three steps for a basic hip hop abs workout. Introduction I. Attention Step: The abdomen, sometimes called the belly, stomach, or tummy, is the part of the body between the chest and pelvis.The benefits of having strong abdominal muscles include helping a person breathe better and better posture that results in less back pain, help a person avoid injury when performing tasks that put stress on the back and torso, and helping the body to heal faster after an injury or surgery to the spine. II. Clarification Step: That explains why we have to maintain our abs for a better and healthier life. Welcome everyone to Beto's Guide to Shaun T's Hip Hop Abs! Today, I am going to teach you how to achieve great abs using Shaun T's Hip Hop Abs Program, and have fun while doing it!Body I. First, you must get th e proper materials for the work out A. You must wear the proper clothes 1. Wear comfortable clothes (shirt, shorts/jogging pants) 2. Wear rubber shoes B. You must prepare the needed materials 1. Bring water and a towel 2. Bring appropriate music for the workout II. Second, you must attain the proper form for the workout A. You must Tilt 1. Tilt your body forward 2. Take your shoulders over B. You must Tuck 1. Tuck your hips under 2. â€Å"Sit on a chair† C. You must Tighten 1. Squeeze your abs 2. Exhale while you squeeze III.Lastly, you must learn the basic steps A. Do the basic bounce B. Bring your hands up and step side to side C. Bring your knees up alternately D. Bend your knees and get low Conclusion Summary Step: Now that you know how easy and fun the Hip Hop Abs program is, you can now maintain your abs anywhere like at home, at the office, in the kitchen, in the shower, and at the zoo, but not anytime, only when no one else is looking. Sources: http://www. ehow. com/a bout_4565354_abdominal-muscles. html#ixzz2MaOxmjms http://www. beachbody. com/product/fitness_programs/hip_hop_abs. do

African American Politicians

During the reconstruction era over two thousand African Americans served in federal, state, and local offices. Information on these individuals is difficult to find, seeing as during this time black lawmakers were condemned as subhuman, and in no need of documentation. Eric Foner, author of Black Politicians in the Reconstruction Era, stated that of the two thousand he only found about 1465 for his book. A great deal of the information on these men and the offices they held was obscure and incorrect. Many scholars had false information about the education level of these African American lawmakers. For example, many scholars claimed that most black delegates to the Georgia convention were illiterate, actually twenty-two of these thirty-seven could read and write. This was impressive seeing as it was against the law in many states for African Americans to be taught how to read or write. The basic research on these politicians was not done because these scholars thought they knew all they needed to know. These lawmakers were black; many were ex-slaves, so they must have been ignorant, corrupt, and incompetent, this was the stereotype, but it was not so! Many of the African American leaders saw fit to educate themselves. Men like John Roy Lynch, who took time off from his photographer†s studio to observe a white classroom from across an alley. He continued this until he had mastered all of the classes taught there. Situations like this show the desire and determination these men had to learn. He used this training to become speaker of the Mississippi house and later a member of congress. These are only two of the many examples of African Americans who self educated themselves in a time when African Americans were banned from education. Others did have a formal education. In South Carolina, State Treasurer Francis L. Cardozo attended Glasgow and London. He was a minister in New Haven and a principal for the School for Blacks in Charleston. These were better credentials than some white politicians had. Economically black politicians were in no way reaping the monetary rewards that Conservatives and white carpetbaggers enjoyed. While African Americans status impressive compared to other freedmen, most could not translate political power into a share of the economic growth of their states. Even prominent leaders such as Hiram Revels, who was the first the first black man to serve in the United States Senate sometimes found it necessary to take small loans from white politicians to meet every day expense. The reconstruction era was a difficult time for African American politicians. In a time when negative stereotypes where all too common, and the color of your skin determined your level of intelligence in the eyes of many. Black leaders had to work twice as hard to accomplish half as much. An extremely relevant point, and a credit to the African American politicians was the fact that there was a very small amount of vindictiveness in their actions and words. They had no dreams or desires to take advantage, or become greedy with the power they were beginning to acquire. They seemed more fixated on receiving what they thought they were entitled to. Beverly Nash, a member of the South Carolina convention, asserted in his first speech, â€Å"the white man is a true friend of the black man. He went on to say, â€Å"I you could see the scroll of the society that banner represents, you would see the white man and the black man standing with their arms locked together, as the type of friendship we desire. † Even when some leaders such as Henry McNeal Turner, who was almost universally disliked by whites, still did what he could to assist in helping the white economy recover its economic strength. Even after all that was done to them, the black leaders held no resentment, and worked for the benefites of blacks and whites as a whole. In conclusion, there are many misconceptions about African American leaders during the era of reconstruction. From their level of education, to the positions they held, and the lifestyles they lead. Black leaders were equally, if not more qualified than their white counter parts for political positions. Unfortunately they were not being compensated in the same manner as the white politicians.

Editing English Paper

Editing English Paper Editing English Paper Editing English PaperAnyone who has gone through the difficulties of writing an English essay is aware of the satisfaction of completion. Once you have finished writing your English paper and have said everything you wanted to say, arrived at the interesting conclusions, analyzed all relevant evidence, organized your ideas logically, and addressed counter-counters, you feel that there is nothing left to do but to run a computer-based spell-checker. Editing English paper can be annoying, confusing, and even boring. However, you cannot avoid this step of English essay writing because the quality and, most important, purity of your English essay depends on lack of mistakes, mistyped words, and errors. Editing English Paper TipsIf you need help with editing English paper, review the following secrets of successful editing: Read your English paper aloud: when you are working on sentences trying to express your ideas, you may lose attention to the larger picture. When you read your Engl ish paper aloud, you can hear how the sentences sound and, consequently, make necessary changes. Check all words: do they contribute to your arguments? You need to avoid using unnecessary words, phrases, and sentences. Do not use filler words if you do not know what to include in your English paper, it is better to submit a shorter written paper rather than add rubbish into it.Keep in mind the principle of Rights Words on the Right Places do not try to impress your teacher with long, unclear, and specialized words. Your language should be clear enough to avoid confusion and specific enough to achieve the desired understandingGo directly to point of your English paper. While it is nonsense to check the fitness of every single word, you should pay attention to the following detail: every paragraph should start with a topic sentence and be devoted a single idea. Otherwise, your English paper will lack clarity. Check the in-text citations and reference list. If you do no t want to be accused in plagiarism, you must ensure that all sources you used for writing your English paper are cited properly in accordance to the required referencing style such as APA, MLA, or Turabian. Editing English Paper: Professional ServiceIf you have written your English paper but want to make it perfect, you have an opportunity to use professional editing service at our site. We hire the most experienced, responsible, and, most importantly, certified paper editors who are able to make your English paper perfect in grammar, style, format, and structure! In addition, we offer help with writing English coursework, research paper editing , and all other academic assignments! There is no project we would give up!