Water Use Essay Example | Topics and Well Written Essays - 750 words

Water Use - Essay Example In this paper, the physical planning arrangements for traditional use of water in the world will be discussed so that new ideas can emerge in order to show improvement. Water generally gets to our homes in one of two ways. Either it is delivered by a city/county water department (or maybe from a private company), or people supply their own water, normally from a well. Water delivered to homes is called "public supplied" and water that people supply themselves is called "self supplied." People who supply their own water almost always use ground. The vast majority of America's population gets their water delivered from a public-supply system. This makes sense, as America's population now largely live in urban centers" (Domestic water use). Therefore, by having physical planning arrangements for water usage could mean economic development will help rural areas to be stronger, which contributes to their survival.With physical planning for use of water, it is very important to have cluste ring in the early stages of development because it helps with survival strategies. From there, this cannot happen until social capital is involved because it will drawn in clustered enterprises.For 2000, withdrawals were an estimated 3,720 Mgal/d or 4,170 thousand acre-feet per year. Self-supplied domestic withdrawals were about 1 percent of total freshwater withdrawals and about 2 percent of total freshwater withdrawals for all categories excluding thermoelectric power.... In order to overcome the issues, we need to consider group thinking and conformity so that everyone can work together. Working on a team can be very rewarding and exciting, but also frustrating if some of the team member are not committed to the team. Building a high performance team requires time, collaboration and most importantly communication. According to Katzenbach and Smith (2004), a team is described as a small number of people with complementary skills who are committed to a common purpose and approach for which they hold themselves mutually accountable. Group thinking and conformity focuses on the interpersonal transaction between managers and employee. Leaders are seen as engaging in behaviors that maintain a quality interaction between themselves and followers. The company is lacking group thinking and conformity because no one is willing to work together. In order to be an effective company, they have to conform as one so that productivity can be increased to make high p rofits. This effective form of communication and teamwork allowed people in the park with no problems because the team was organized and knew the proper procedure. A successful team also requires active listening, empathy, and being truly committed. With the approach of marketing rural areas, where consumers have the time to pay attention to details and want a small cozy shop, marketers can benefit from it due to the fact it will be in more customers because it adds to convenience, which is what everybody wants. From that, they will make the past relationships with customers stronger since they will feel like they can rely on the company for future development. This will cause the industry to make more long term profits, which is a great benefit. 3. Conclusion

Kushites Essay Example for Free

Kushites Essay Although most would say that the victor of any war has the upper hand in presenting themselves to a particular place in history, current beliefs paint a much cleaner, more accurate, and truer understanding of events that have led society changes and modern ways of life. This may be the case for centuries past and with the advancement of understanding past events, such as anthropology findings, the use of science in laboratories and field research, has brought about a much different, much more modern, approach in viewing and researching the past cultures, military strategies, and even laws,  Victors in war do not paint a picture of events, but instead, paint a picture of themselves through military strategies, economic advancement, and authority changes. Military Reasons Using the Kushites as an example, the main reason they had a military and moved to other regions was not just political but religious as well. They began their war-like tactics because they wanted to create distance between themselves, meaning the monarchs, and the priests at Napata, along with moving to a more geologically safe area, meaning a place on the globe that would allow them to better defend themselves. The Kushites did a great deal of militarily strategic moves in order to create a more sound and prosperous kingdom. One such move was the capital of Napata to the new capital of Meroe. This move was believed , by historians, to be one of response to an earlier invasion by Egypt. This move was purely military, at this point, since further invasion was possible, due to the lack of cover in the former capital, yet conflict within the culture was also taking place. The dependence on religious leaders was not keeping the monarchs safe from harm, nor was this dependence prosperous for the cultures economy. Each culture, whether that culture is in the world today or not, has the sole, or central, belief, or need, for self preservation. Without a military, a culture would be assimilated into another and lost forever. These ideas are not new by any means, and on the surface seem, common knowledge, but the complexities behind each cultures militarily strategic moves being forwarded, is fueled by the need for preserving a particular culture. Its the ways, or military strategies, that are used to do so that are of such interest to us today. From a military point, at least in the case of the Kushites, the need to move the culture forward, in a protected manner, is the main, or underlining reason, for strategies to be put in place, and not so much for the need to write themselves into or out of history, but more for the need to be a part of history by preserving their culture and moving forward. It is important to state that the military involvement in the future preservation of the culture in which it fights for, is viewed, at least in the book for this class, as one way to see the need for military action, and the conclusions of that act are left up to the individual to interpret. Though its true that most believe, and stand by, the idea that history is written from the victors point of view, the true view of what approach history is written from is really the belief of those who study history and those who read it. To say that historians only see the view of any culture as a victory or a defeat, is only prominent in military strategies, since on the battle field one must lose and one must win, and does not paint the picture of the culture behind the strategic decisions, and does not truly matter in the form of fairness, until that history is read and understood by others, who, in turn, decide which way it will be presented to those who study history, either for a class or as a past time, does the question of fairness come into play. For the Kushites, history tells their story, but only because they have a military story that gives the reader access to the understanding of what they were about as a culture. Economic Advancement The Romans, as an example of the possible economic advancement of a government type, conquered land after land, and, from a historical point of view, did not really thrive economically. Romans, under the early rule of the Etruscans, were Manor owners and merchants that did not engage in a global type economy either in their time or, comparatively, in ours. The largest industry, outside of agriculture for the Romans, was that of mining. The mines were the source for stones, for the buildings, iron for weapons, and slaves, for the purpose of mining. Once an area of land was conquered, some of the people were used as slaves in the mines, and most, if not all, died there, thus making slave trade an important economy for the Romans. Outside appearance of the Roman empire looks as though it was a safe and happy environment to be a part of, but the Plebeians knew better. Brutality was the center of entertainment in the centuries of 1 B. C. and 1 B. C. E. for the Romans in which gladiator and slave alike were the center of the show. As the Roman empire expanded, they use of slaves became a great commodity to them, as did the mining that created the empire, coins, weapons, and, eventually ships, only to continue to feed the need of outside sources for economic wealth, and not so much on the agriculture of the people of Rome. This idea of conquer and use to support our homeland, is what the Romans did in their time, yet, as historians would argue, it was much more complex than that, and they would be right, but this can be viewed as as both a victory and a defeat in the arena of economic advancement. The dependence of outside sources, as we now know with our own countrys dependence on oil can tell us, can have a detrimental effect on a countrys economy. Dependence is a road to failure, but not right away, this can take centuries to happen. As economic advancement is not, necessarily the way a ruling party would view themselves, it does become the history of those areas effected by the conquerers, such as the popularity of coins from Rome in India or shipping goods by water instead of land. In economic advancement, Romans were writing themselves into the history books of other cultures without, directly, writing history themselves. Confrontations Confrontations will happen and have happened in our past, and historians have written one account after another of such exercises. Confrontations occurred at the religious level of most civilizations both past a near present. As did the Kushites fight to free themselves from the rule of their priests, as the Romans fought against and then for the catholic church, and as the people of India fought to keep their beliefs intact, religion is just as much, if not more so, the center of reason for combat between to rulers and/or territories. The Romans were the first to allow those in which they conquered to keep their own religious beliefs, so long as they payed Caesar what is owed to him. In the time of A. D 13, Caesar Constantine of Rome became the first Emperor to submit to the catholic church, thus, giving greater power to the church than they had exercised before. Under this ruling, the church now became the center of worship and conflicts began, continued, were fought for by Kings and those who did not submit to the church, found themselves either on the road to death or a signed confession of loss of path. It is here were the victors write their own history and where we read that account. We rarely hear of those who were conquered as treated well and prosperous under the rule of another or new center of authority. Those who fell under the law of the church and defied that law, found themselves wiping out their own bloodlines in the name of God. These people have a short written line in history as nothing more than those who tried to rise up against them and fell. Spartans would take prisoners from war, and use them as slaves. They became known as the Helots and no longer had their own culture but renamed within a new one. Assimilation occurred, and does occur, with conflict. Their can only be one winner and one loser, and one will change the other, as is the case of the Romans, the Spartans, and the Kushites. These three cultures ruled at one time and are forever remembered for the deeds in which they commenced with on the battle field. There are many reasons to go to war, some are noble and some are not. Still, historians only report what took place in past events, its up to the reader or student to decide whether or not it is written from the victors point of view or from the conquered point of view. History is taught from the victors point of view, as it is with Columbus. We do not live in the United States of Columbus, yet he is who we attribute this land to. This is just an example of the victor not really writing their own history the way they would perceive it. Confrontation is the source of change. Change is what reduces one culture to rubble, along with their buildings and daily life. Change is also responsible for the advancement of another culture and movement towards a continuation in history. Its the change that brings about a history of a people. Conclusion whether or not history is written from the point of view of the victors or not, the story is there. What brought a culture to clash with another culture, or what internal events took place, a change occurred. One culture was tired of being repressed by another, one culture was growing and needed more land and resources to maintain life as they had made it for themselves, or one religion disagreed with another and conflict occurred over beliefs. The military serves whomever is in control and, as the old saying goes, whomever has the gold has the power. If a culture can pay a soldier, then that soldier will assimilate into the belief of the one paying them. It is true for past civilizations and, to a degree, it is true today. The question of whether or not this is fair depends on who, in history, you asked. A paid Roman soldier would agree with the Caesar, whereas a peasant in England forced to work an iron mine, would say historians have only mentioned him and does not go any further than that. Sparta would say they are victorious even though their King died in the war against Persia. Still, they won that war and Persia, a mighty giant in the world at that time, meaning 480 B. C. , fell to rubble, like those they conquered and assimilated themselves. Our textbook gives us an account of what happened in the past, and our instructor gives more information and details to those events, but it is up to us, the students, to come away with the knowledge of what really happened. Only then is the conclusions that are agreed or disagreed on fair, and only to that person who sees the events in accordance with their own views and understanding of the world we live in today. There is much more to be done in historic interpretation, and in the way of teaching and learning about history, yet the views of each event will, or can be, seen as different or the same. There is no right or wrong answer to the interpretation of history only in the accuracy of the information provided, which, too, is ever changing. This class is but a small scratch on the surface of this time period and its history. Much has been learned and discussed, yet conclusions are, at best, illusions. Historians themselves will tell you that. As for what these cultures did to advance economically, to secure their lands, and settle religious differences, is what the textbook has done for us. This paper is the reflection of critical thinking based on what was learned both from the textbook and in the classroom. The debate is not over yet.

Elements Required for the Formation of a Valid Contract

Elements Required for the Formation of a Valid Contract Introduction: When we think of any kind of business there comes the necessity of understanding and applying the rules, principles, norms, and usages of contract. Now a day there is hardly any business dealing that does not comes within the purview of contact. So its very important to have a clear and definite idea on the subject of contract law. However, in this paper Iv tried to give a glimpse on this subject along with its application in practical day to day to business practices in various areas. This piece of work will demonstrate the very basic and primary areas of contract, like offer and acceptance, consideration etc, with a particular emphasis on the operation and operation of business contact. In addition, the paper contains importance of understanding the principle of liability in negligence in business practices and made an effort to apply such principles and practices in different business situations. Requirement 1: Importance of the essential elements required for the formation of a valid contract: A contract is the agreement between parties regarding any kind of dealings that is enforceable in law. So an agreement between parties enforceable by law is a contract and never the others which are not enforceable by law. Suppose, an agreement to purchase 1-kg heroine is not enforceable by law and as such it cannot be a contract, but an agreement for the purchase of computer is enforceable by law and as such is a contract. In this regard, we can reach to a conclusion that all contracts are agreements, but not the vice versa. A contract between the parties can be created verbally; in writing (including by electronic means and website); by act, behave, conduct or inference or By means of all or any of the above mentioned ways. Essentials Elements of a Valid Contract: To be a contract, an agreement must fulfill the following conditions: Proposal(offer) and acceptance; the parties must be competent; the consent of parties must be free; there must have lawful consideration; the object must be lawful; and the agreement must not expressly declared void by law. Beside the above mentioned elements the contract must be certain; possible of performance and written and registered if so required by law.However there can be special principles, terms and conditions applicable to the contract as agreed by the parties that concern specific subject matters, such as employment contract, the sale of moveable property, sale of immoveable property etc. The Offer: Offer is the starting point from where an agreement gets life formally which ultimately may take the shape of a legally binding contract. Offer means the formal expression of intention or willingness of one party to another to do or to refrain from doing an act in order to obtaining the assent of the other party to such act or omission. When one party signifies his willingness to other party in order to take consent of that party regarding any dealing, the party expressing such willingness is said to make an offer and he is called the offeror and the person to whom it is made is called the offeree . So it is clear that, the offer must be communicated to the other party; it can be revoked at any time prior to acceptance. In this point we have to keep in mind that some kinds of transactions involve a preliminary negotiation in which one party invite the other to make an offer. Such an stage is called invitation to treat. Such primary negotiations are an way to reach a stage to make an offer. It is now well settled that negotiations to enter into a contract can amount to an invitation to treat but not an offer. Acceptance: An offer when accepted becomes contract. When the person to whom an offer is made signifies his assent thereto the offer is said to be accepted. Thus the essence of the acceptance is the assent or consent that is coming from the offeree . It simply speaks of giving ones consent to the offer as it is made by the offeror and as such it will be a valid acceptance to convert an offer into a contract. So the acceptance must be communicated; must be to the original proposal made otherwise it could be a counter offer takes effect on the basis of the mode of communicating the acceptance to the offeror (in postal mode- on the date posted, in case of instant or electronic mode, occurs when received). Competency of the Parties: The law does not give everyone to enter into a contract rather prescribe certain specific qualification to attain to be competent to enter into a contract. A person to be competent to enter into a contract, must be of the age of majority; of sound mind; and not disqualified from contracting by any law which he is subject. Thus negatively, the following persons cannot enter into contract: minors; persons of unsound mind; and persons disqualified by any law. Free Consent: Free consent is an essential element of a valid contract. It is natural that for an agreement all parties to it must come to a common point. There are mainly two requirements to be a consent that the consent must given- To the same thing, andIn the same sense. So if the parties So to constitute a contract even mere consent is not sufficient, rather the consent must be free consent according to law agree upon different things or in different sense then this will not be treated as consent. The term thing used in the first requirement means the contents or subject matter of agreement. On the other hand, to constitute a valid contract even mere consent is not sufficient, rather the consent must be free consent according to law. That is to say, to be a free consent, that must not be caused by, coercion, undue influence, fraud, misrepresentation and mistake. In other words, if consent is given being affected by any of the above elements, the consent will not be treated by the law as free consent. Consideration: Ordinarily consideration means mean the exchange of the price. It has different legal meaning which does not restrict it only within the area of monetary compensation rather to be consideration, law required that, something is to be done, forborne, or promised at the desire of the offeror. It may even be termed as burden discharged or in other sense sufferings in the sense of losing something, may be that is ones energy, service, money or anything valuable. A paragraph from the book Law of Contract (10thedn, Sweet and Maxwell,1999,at p.64) Professor Treitel is worth mentioning – The traditional meaning of consideration concentrates on the requirement that something of value must be given and accordingly states that †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦What the law is concentrate with is the consideration for a promise-not the consideration for a contract. So consideration is the cause of acceptance and it – Must be valuable. Something must be supplied in return of the offer of the offeror, eg. Money. Must be lawful and non gratuitous. Must not be something already paid or incurred(past consideration) Lawful Object: In order to execute a valid contract the object and consideration of a agreement must have to be lawful. The object and consideration are lawful unless- It is forbidden by law; or Is of such nature that, if permitted, it would defeat the provisions of any law; or Is fraudulent; or Involves or implies injury to any person or his property; or It is regarded as immortal or against the public policy and public welfare. Enforceability in Law: Although an agreement may have all the essential elements, it may not be a enforceable contract because of some other issues like impossibility of performance or where the agreement unduly restrains any person in his trade. So if an agreement fails to satisfy the legal requirements of a contract then that becomes nothing but unenforceable by law which cannot turn into a contract ever rather a void agreement. (P1.1). Essential elements of the contract in a given scenario: Adam, Owner of a house offers in face to face, Brad to sell his house at a certain price. Brad, accept the offer made by Adam and pay a portion of price for the house asked by him. This is an example of a valid contract entered into by Adam and Brad for the sale of the house. In this transaction we will find all the essential elements for the formation of a valid contract. Moreover the contract is executed in a lawful manner. Here, Adam made the Offer which Brad Accepts in his Free Consent and pay Adam a portion of the Consideration (price). Both the parties are Competent to execute a contract and their Object is not also lawful. So the contract of sale of house between Adam and Brad is Enforceable in Law. The impact of different types of contract: Expressed and Implied contract: If the offer and acceptance of contract are made in words, i.e, either expressed orally or in words, it is an express one. It can be of two types, i.e. Oral and Written. On the other hand when there is no formal expression of such offer and acceptance rather it is implied from the acts or omission of the parties, it is regarded as an implied contract. Valid contract: An agreement enforceable by law is a contract and is valid. That is to say, a valid contract is that agreement which fulfils all requirements of a contract as imposed by law. Voidable contract: The voidable status of a contract is a temporary status which has to be made enforceable by law or has to be set aside and both these are dependant at the option of the parties at one side and not at the option of the other side. The law determines at whose option it will be validated or annulled in each particular case considering the nature of voidable contract. Thus a contract cannot remain as voidable forever; rather it has to be valid or void. Void contract: A contract becomes void by ceasing its enforceability by law. It is not a void ab initio. Because, law says that it has to cease its enforceability and it will be void only when it will cease that enforceability. Thus, the precondition of a void contract is the existence of a valid contract and afterwards somehow its enforceability will be ceased and then it will be treated as a void contract. There may have various grounds for ceasing the enforceability of law, e.g., supervening impossibility or illegality. Unilateral and Bilateral contract: In the case of bilateral contract each party takes on an obligation, usually by promising the other for something- as for example James promise to sell something and Ben promise to buy it. By contrast an unilateral contract is one in which only one party assumes the obligation under the contract. Terms in contracts meaning and effect: 1. Express terms: A. What did the parties say or write? B. Are the statements of the parties terms of the contract. 2. Implied terms: A. Terms implied by customs: It is well established that a contract may be subjected to terms that are sanctioned by the custom, whether commercial or otherwise, they have not been expressly mentioned by the parties. Precedents states that in commercial transaction extrinsic evidence of customs and usages is admissible to annex incidents in written contracts, in matters with respect to which they are silent. B. Terms implied by statute: The translation of usages into agreement and of agreements into statutory terms is most evident in the history of the contracts for the sale of goods. Moreover the provisions of Marine Insurance Act are another example in this regard. C. Terms implied by courts: Other terms have been judicially implied in a number of transactions. Thus in Lynch v Thorne,(1956) the Court of Appeal give judgment in favor of the defendant and held that they could not imply any term that would create an inconsistency with the express language of the bargain. Such a similar position was examined by the House of Lords in Lister v Ramford Ice and Gold Storage Company Ltd and majority of the judge gave judgment in favor of the respondent. Excluding and limiting terms: The common law is quite familiar with the practice of inserting terms excluding and limiting liabilities by one party which would otherwise be his. This situation frequently arises where a documents purporting to express the terms of a contract is delivered to one of the parties and is not read by him. A passenger receives a ticket, stating the terms or referring to the terms set out elsewhere, on which a railway is prepared to carry him or take charge for his luggage. There are different view regarding such clauses. One view describes it as a promisors obligation and the other view describe it as mere defense. P1.3 Appropriate terms for a given situation: Allan, buy a ticket to go to London from Liverpool. The ticket contains terms that he can carry only 10-kilo of goods and for more than that amount he has to pay extra  £5 for per 10-kilo. This is an example of excluding clause in the contract between him and the bus company. Requirements 2: 2.1 Practical application of the elements of contract: Scenario: According to the given problem for this assignment, the following advice has been provided: Advice: In the light of various elements of a valid contract, John McGurks first telex is clearly an offer; which Collin McCellend was to accept. The general rule is that acceptance takes effect on communication and application of this rule is embodied in the cases of Entores and Brinkibon. Considering that the telex of acceptance was sent outside working hours, when should it take effect, and considering the factors mentioned in Brinkibon- intentions of the parties and standard business practice- where should the risk lie? In assessing where should the risk lie we have take into account the fact that Collin can reasonably think that his telex would be read shortly after the lunch hour was finished and to expect John to check where there is any reply from Collin. This is relevant because in other cases on communications, the court does not entertain the claim of the parties who fail to receive message because of their own fault or negligence(such as it was in Entores case). If Collins telex is deemed to take effect when it is sent, a binding contract between them exist at that point and this will take priority over the contract with ford. We should then consider the position if the rule that acceptance only takes effect on communication is strictly applied. The next issue in question is the communication by the other car dealer from whom Collin learnt that the car has been sold. It is clear from Dickinson v Dodds that information from third party can amount to revocation because the message from the third party is regarded as the offeror had said it himself. However the exception of this rule is that if the source of information is not reliable there would be no revocation and the offer would be still available for acceptance. But in the present case this exception is not applicable as the source is not untrustworthy and as such Collin cannot claim John to give effect to his acceptance. However Collin is still entitled to claim damages assuming a contract was made. He could only force John to sell the car to him if court granted specific performance. As the court grant specific performance of contract only when monetary compensation is not adequate to give the plaintiff proper remedy or where there is no other remedy available. Collin can be adequately compensated by money and this could be done by allowing Collin to claim the difference between the cars price and the cost of replacement i.e. more or less  £2000. 2.2 Law on terms in different contracts: Terms of contract can either be conditions or warranties and it vary in various contracts depending on the nature and contents of the contract. Thus terms and conditions in the contract of sale of land are different from that of sale of goods. For better understanding see Terms of Contract- Meaning and Effect part of this paper in page. 2.3 Evaluation of the effect of different terms: Three kinds of contractual terms have normative effect and significance relative to each others namely; Conditions, Warranties and Innominate terms. Conditions: These are the most importance terms of contract and have serious consequences if breached. An innocent party can repudiate a contract and claim damages for breach of such terms. It is not necessary to mark such term as conditions in the contract and court will consider the intentions of the parties to determine such terms. See e.g. Schuler AG v Wickman Machine Tools Sales Ltd. (1974). Such terms can also be determine by statutory provisions, (e.g. Sale of Goods Act 1979, provides that certain terms relating to title to goods and quality of goods are conditions) and by the case laws, typically standard terms in commercial contracts. Warranties: It is of lesser importance than conditions and breach of such terms entitled the innocent to claim damages but not to repudiate the contract. Innominate terms: It can be either conditions or warranties and breach of them can be serious or trivial depending on the particular fact and conditions. Such terms was first emerged in Hong Kong Fir Shipping Co. Ltd. v Kawasaki Ltd. (1962). See also The Mihalis Angelos case, Bunge Corp. v Tradax Export SA(1981) and The Naxos(1990). Ref.1 Requirement 3: Tort: Law of tort the law of civil wrong but every civil wrong is not tort. For a civil wrong to be tort it must contain two conditions:- The remedy is common law action for unliquidated damages and The wrong is not exclusively a breach of contract, breach of trust or other merely equitable obligation. Thus Winfield defines tortuous liability arises from the breach of the duty primarily fixed by law; †¦Ã¢â‚¬ ¦and its breach is repressible by an action for unliquidated damages. Ref.2 3.1 Differences between liabilities in Tort and Contract: As to the source of interest and duty: The interest in tort and its corresponding duty are created by law but in case of contract they are created by the agreement between the parties to the contract. As to the nature of duty: In tort duty not to violate the interest of another person is toward persons generally, not to any particular person. In contract such duty is only towards the parties to the contract and not towards any strangers. As to nature of remedy: In tort damages are always unliquidated but for breach of contract liquidated damages can be claimed where specified in the contract. Others: Even where unliquidated damages are claimed the principle of liability in tort and contract differ. In contract damages are of compensatory nature except in case of contract of marriage and action by trader against his banker for dishonoring his check while there is sufficient balance to his credit. In tort, on the other hand, exemplary may in certain be awarded by the court. 3.2 Nature of liability in Negligence: Generally in all torts the liability is based on intentions or negligence. An act is negligent if its consequences are neither desired nor are substantially certain but are so probable that a reasonable man would have foreseen and avoid them. Thus, in certain cases of negligence the defendant may not have knowledge of his conduct or consequences thereof, but in many cases he has knowledge of both. It is the element of desire for consequences, which can distinguish negligence from intention. In case of intention actual or presumptive desire is always there, whereas in case of negligence there can never be desire for consequences. 3.3 Vicarious liability in business: Vicarious liability means the liability for the wrong committed by another person. Normally, a person is held liable for wrongs committed by him but sometimes he may be held liable for wrongs committed by other persons. Common example of such liability are liability of master for acts of his servants, done in course of employment, liability of partners for torts committed by a fellow partners, liability of principal for acts of his agent done within the scope of authority and liability of an employer for acts of an independent contractor employed by him. Thus vicarious liability in business can be found in the business practice of agency and in partnership business. In both the cases a person who is liable for any breach of contract cannot be held liable rather the person on behalf of whom he enters into contract will be liable. Thus when there occurs any wrong or breach of any contract or any part thereof by an agent acting on behalf of and within the authority of the principal, then the principal and the agent will be held liable. The same rule applies in the case of partnership business and for the wrong of a partner the fellow partners become liable subject to certain conditions and exceptions. Thus in the case of various contracts and business dealings there arises vicarious liability. Requirement 4: 4.1 Applications of the elements of tort of negligence and defences in different business situations: There are certain general conditions which must be fulfilled or satisfied before a person can be held liable for any tort. Negligence is one of such essential elements and it has significant effect in the ordinary course of various business practices. However negligence can be both, an element as well as a defense in appropriate cases of business. Negligence as elements: Negligence is the lack of application of reasoning and ordinary prudence on the part of the defendant for, that he can be held liable for any damages results from such damages. In every business practice or in other words, contract it is the duty of both the parties to act and behave in a reasonable and wise manner and perform his obligation diligently. Thus as an independent tort negligence means the infliction of damage by breach of a legal duty to take care which the defendant owed to the plaintiff. This if there occurs any breach or any party suffer loss for the negligent act and omission of the other, it will entitled the plaintiff seek relief and damages for such negligent behave. As a defense, contributory negligence: Contributory negligence is a special defense to an action for negligence. When any breach, damage or accidents occurs not solely due to the negligence of the defendant but also partly due to the lack of ordinary care on the plaintiffs part, the part of the negligence of the plaintiff is called contributory negligence because it also contributes towards bringing about of the consequence. The defense of the contributory negligence will fail if there is no lack of reasonable care and attention on the plaintiffs part. However the scope of the defense was already narrowed by invention of the rule of last opportunity in Davis v Mann (1842) case. It was further limited by extension of the last opportunity rule to situations where actually the defendant was not in a position to avoid the accident but he lost the opportunity because of some of fault on his part. Thus the leading case is, British Columbia Electric Rly v Loach(1916). 4.2 Applications of the elements of vicarious liability in given business situations: A, is appointed as agent for B for certain activities with the authority to enter into contract of selling As car. A enters into a contract with C for selling the car for  £2500. However after the compellation of the contract it is discovered by A that the car has certain defects which was unknown to A and hence C claims damages. In such a situation A is not liable for the act done by him as he has acted upon and within authority of B. Here not a rather B is vicariously liable and C can sue B, not for his claim. Concluding Remarks: Though sources of interest in contract and tort are different yet they may co-exist or concur in the same case. In such case interest is created by the contract as well as general law. In the realm of modern business practices contractual obligations and its breach are so much important and in this regard to get proper remedy and appropriate its very much essential to have clear and sound knowledge on contractual obligations, liabilities along with various liabilities of tort law.

See-Through Society :: essays research papers

Introduction Governments like to think they’re in control. Especially in times of crisis, they try hard to portray an image of being one step ahead of their enemies, wanting us to think they are able to take decisive action that will solve problems once and for all. Since 9/11 in particular, western governments have reasserted their commitment to monitoring the movements, conversations and keystrokes of anyone they suspect of posing a threat to national security. One of the most high profile examples of this has been the US Government’s proposed Total (later renamed ‘Terrorism’) Information Awareness (TIA) scheme created by DARPA . Ambitious in scope, one of projects stated aims is â€Å"to create a counter-terrorism information system that increases information coverage by an order of magnitude.† The TIA project quickly sparked controversy and it didn’t take long for a response to the idea. Government Information Awareness (GIA) is a website that allows anyone to post and retrieve information about members of the executive, legislature, judiciary and senior executives from US companies . Set up by a group at MIT’s Media Lab, it plays the numbers game, believing that millions of eyes can outperform the efforts and resources of a few thousand experts. Their stated goal is to, â€Å"develop a technology which empowers citizens to form a sort of intelligence agency; gathering, sorting, and acting on information they gather about the government.† This short paper argues that GIA is part of a wider dynamic, towards enforced transparency of institutions that have traditionally held positions of control. It focuses not so much on the information gathering activities of traditional institutions such as governments, law enforcement agencies or multinational companies but instead on the activities of non-institutional actors such as NGOs, activist networks and individual members of the public. It doesn’t focus on privacy (that important topic is left to other contributors to the Foresight exercise), but instead on openness. Back to the hackers To look forward, it is often useful to look back and when it comes to thinking about the future of the internet it is especially instructive to look back to its origins. Despite its military funding and early applications, the internet wasn’t really created with military objectives in mind. Instead it was created by hackers – not the stereotyped teenagers bringing down the Pentagon’s computer system from their darkened bedrooms, but clever programmers for whom a ‘hack’ is just a neat programming trick.

Ethics on Surrogate Mothers Essay

Sometimes couples who cannot conceive a baby by themselves choose to use a surrogate mother, where another woman carries their child. One way of surrogacy is when a woman who’s unable to carry a baby to term, but is otherwise fertile, has her embryos transplanted to the surrogate mother. The eggs might be fertilized by the biological father or by artificial insemination if the male has fertility issues. In other cases, a surrogate mother is in fact the biological mother of the child as her very own eggs are used to create the embryo. In certain states, such as Arkansas and Delaware, surrogacy is illegal. Even in states where surrogacy is allowed, it can be quite a complicated process for the non-biological mother to be named as the parent, particularly in cases when the surrogate is the biological mother. The surrogate must sign away her maternal rights so the intended mother can adopt the child. If the sperm of the adoptive mother’s husband was used to fertilize the egg, the biological father is named on the child’s birth certificate. Many states require a legal contract be drafted between the couple and the surrogate and her spouse or partner detailing all arrangements concerning the pregnancy and birth. The parties involved with a surrogacy contract should seek the advice of legal counsel to be sure that pertinent issues are addressed and that the contract is in compliance with state and local laws involving surrogacy and adoption. Sometimes a surrogate mother changes her mind and refuses to give up her child. However, in states where surrogacy is allowed, the biological mother usually doesn’t win custody or visitation rights. Typically, the surrogate and the parents sign an agreement to avoid this from happening. Nonetheless, there’s always the possibility that the surrogate mother might win her case. Many surrogacy agreements state what the surrogate can and cannot do while pregnant. But ultimately, the parents should trust the surrogate mom to do what’s in the best interests of the baby. Issues may develop whenever a surrogate breaches the agreement by smoking, abusing drugs or consuming} alcohol while pregnant. As with any pregnancy there’s always the possibility for medical or obstetrical troubles, which may hurt the baby or the surrogate mother. For starters, there’s the chance of transmission of contagious disease to the surrogate when another woman’s eggs are transplanted into the surrogate. Because of this, both biological parents should be prescreened. In case a surrogate develops problems in the beginning that put her life at an increased risk, she may want to end the pregnancy. Another issue that may arise is if health practitioners discover learn that the fetus has possible birth defects and other health concerns. In that situation, the parents may choose they cannot continue with the surrogacy. This generates all sorts of legal issues, especially when the sperm is from a donor or eggs other than the surrogate’s were used for pregnancy. The problem then becomes who gets to determine whether to proceed with the pregnancy. Even though some people see surrogacy as baby-selling and look down on a female who is a surrogate, in recent years surrogacy has become more of a recognized practice. However the ethical issue remains concerning whether a female who’s being paid for her surrogacy is exploiting infertile couples and entering the agreement for money. Others begin to see the infertile couple as exploiting the surrogate’s body and taking advantage of a female who needs money. Another issue, a couple that would adopt a child would be rigorously screened and be assessed to their suitability. This would not be the case with surrogacy. Some people who would be restricted from adopting could avoid this process by using a surrogate. One of the key issues is with regards to surrogacy is it is impossible to determine the risks involved in the surrogacy process. A surrogate needs to be informed of the potential risks to her health and the possible psychological trauma she can suffer. There should a moral requirement for all parties involved to consider the welfare of the child born into any agreement. However, surrogacy raises the debate of people’s â€Å"right† to have children. If we refuse the option of surrogacy, are we discriminating against the infertile? The first recorded case of surrogacy in the United States was in 1976. Noel Keane, a lawyer, arranged the first surrogacy agreement between a surrogate mother and the intended parents. This mother was not compensated financially. Afterwards, Keane went on to create the Infertility Center, which arranged hundreds of surrogacy agreements every year . However despite the numerous ethical issues at stake, statistics show that there has been an increase in the numbers of women who become surrogates. From 2004-2008 the number of infants born to gestational surrogates had doubled. The Society for Assisted Reproductive Technology reported from 738 infants born to over 1,400 from surrogate births. However, the amount of surrogacies annually is likely to be more, as many fertility centers don’t report to SART. Additionally, there are couples who enter private agreements with a surrogate where agencies aren’t involved. References Pacific Connection Fertility Services: Surrogacy Yale — New Haven Teachers Institute: Ethical Problems Surrounding Surrogate Motherhood Dr Rebecca Gibbs, North East Essex PCT, Surrogacy, January 2008. http://www.northeastessexpct.nhs.uk/public_29_01_2008/surrogacy-policy.pdf

Why You Should Not Eat at Fast Food Restaurants Essay Example

Why You Should Not Eat at Fast Food Restaurants Essay Example Why You Should Not Eat at Fast Food Restaurants Paper Why You Should Not Eat at Fast Food Restaurants Paper How many of you eat fast food more than three times a week? Do you eat It because it tastes good? Do you eat It because Its cheap or because Its fast and convenient? Do you know where they get It from, or how they cook It or what they use to cook It? On the other hand, not all fast food Joints are bad for you; the most Important thing to keep In mind Is to know what you are eating and making smart decisions. Do you ever wonder how clean the kitchen Is or the cooking conditions that take place? There are three types of fast food dangers; Illness, obesity and fast food uncial danger. BODY . Illnesses caused by fast foods (M. Mutant) A. Food Poisoning 1. Food poisoning is one of todays most visible fast food scares. 2. Food poisoning comes from two main causes a. Unsanitary cooking conditions b. Improperly cooked food II. Obesity from eating too much fast food (Dateline) A. Obesity is a growing concern that affects all age groups but is more effective on people who eat fast food meals several times a week. B. Making smart choices 1. Drink water instead of soda 2. Choose healthier side items 3. Opt for small portions or split the meal 4. Skip heavy condiments such as mayo or ketchup C. Supervise Me is Ill. Fast food financial dangers A. Many people dont realize the fast food financial danger that can quickly take over their wallet. B. The average cost for a single person can range up the 5-7 dollars; however these costs can quickly escalate when eating at these fast food restaurants multiple times a week. 1. Make fast food meals a treat and not a convenience 2. Avoid requesting larger sizes that add more to the bill 3. Use coupons and special deals to enjoy your treat at a lower cost C. If you eat a Bldg Mac twice a week thats $12. 00, at the end of the month It will be $48. 00 and at he end of the year It come out to be around $576. 00. Conclusion so In conclusion remember Tanat tenure are over 2 restaurants In ten United States and many hungry people are unaware of the fast food dangers that lurk inside the wrappers and under plastic lids of these convenient meals. Fast food dangers come in several forms, but health and budget conscious consumers can easily avoid these traps of the fast food industry with common sense. So the next time you pull into a fast food Joint, think about your health and if you really want to eat something that you are unsure of and if it fits your budget.