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Francois Viete :: essays research papers
"Francois Viete" Francois Viete went to numerous spots and did a ton of things. He lived for a long time. In his life h...
Tuesday, August 25, 2020
Francois Viete :: essays research papers
"Francois Viete" Francois Viete went to numerous spots and did a ton of things. He lived for a long time. In his life he got the opportunity to accomplish more or if nothing else as much he needed to do. He got the chance to work for Kings, and furthermore been hitched twice. Francois Viete was an exceptionally fascinating. He likewise went to a couple of various nations. Francois Viete was conceived in 1540 in Frontenay-le-Comte, France. It is presently the area of Vendee. His dad was Etenne Viete, who was a legal advisor, and his mom was Marguerite Dupont. The two of them originated from wealthy families. He delighted in all the accessible instructive chances. He did primer investigations in Frontenay, under the steady gaze of moving to consider law at the University of Poitiers. He earned his degree in 1560. He rehearsed it for a long time, at that point relinquished it for a legitimate calling in 1564. He needed to enter the work of Antionette d'Aubeterre, as private mentor to her little girl, Catherine of Parthenay. He turned into a companion and was partner of Catherine during the years he spent as her guide. He remained her faithful and confided in consultant for a mind-blowing remainder (Parshall 1). He paid attention to his showing obligations very, while he was getting ready talks for his charge on assortment an of points about science. The principal logical work dates were all from this period. It includes points, which would keep on involving him for a mind-blowing duration. In 1571, he started distribution of his track. It was proposed to shape a starter scientific piece of a significant report on the Ptolemaic cosmic model. He kept on grasping the Ptolemaic (Parshall 1). The support of Catherine's respectable family took him to La Rochelle, eventually then to Paris. In 1573, he went under the eye of King Charles IX. He designated him as advocate to the parliament of Brittany at Rennes. At that point he stayed in this post untill 1580 when he came back to Paris to take up workplaces of the Maitre de Requetes, additionally as an imperial privy guide. Structure 1584 to 1589, political interest came about both in extra time, and afterward for the continuation of his numerical examinations, particularly when they were developing thoughts on polynomial math (Parshall 1). His instruction was at the University of Poitiers, where he took practice of law in his old neighborhood. Before long he rose to noticeable quality by the clever lawful administrations to conspicuous individuals (Parshall 1). Henry III got back to him in 1589 to fill in as an instructor to parliament.
Saturday, August 22, 2020
Are private equity buyouts in the best interest of a company (2.3) Essay
Are private value buyouts to the greatest advantage of an organization (2.3) - Essay Example g cost and administrations time are viewed as useless by privately owned businesses (Pietersz, 2007).However, investors will require definite clarification of the advantages of such a technique. Through buyouts, the incomes of a firm are improved. The estimation of a firm is the current estimation of all the future expected incomes (Bierman, 2003). On account of a decreased money outpouring, the current estimation of PE will be upgraded. The extra money inflows emerge from tax break of extra obligation financing. The adjustment in capital structure will empower the firm decrease its duty base at henceforth advance the incomes of the business. There are the two favorable circumstances and disservices of private value buyouts. Purchasing of wasteful performing organizations and rebuilding them to productive endeavors benefits the entire economy and the proprietors. Through disposal of these wasteful aspects, they make extra riches to the investors by expanding their arrival on the speculations. After a buyout, the capital structure of the firm permits the firm to perform higher intrigue charge conclusions from their salary articulation (Cendrowski, 2008). Expanded assessment shield advantage diminishes the duty risk of the firm. What's more, the administrators of PE have the mentality of accomplishing their objective inside the briefest span conceivable and make the deals at a benefit. The benefit thought process of the administrators is liable for the improved estimation of the firm. Furthermore, private values are preferred overseen over the traded on an open market organizations. Chiefs in of the PE rewards are pegged on execution. All the more still, the chiefs are some of the time required to place a material extent of their interest in the speculation. This would guarantee that they to stay worried about the companyââ¬â¢s execution on the grounds that any misfortune that may emerge will likewise be borne by them (Colvin, n.d). Private value additionally utilized better administrators by offering them significant compensations. What's more, the procured organization additionally stands to profit by the PE buyout (Cendrowski,
Saturday, August 8, 2020
Discuss With The Aid Of Examples How Our Knowledge Of Stomata And
Discuss With The Aid Of Examples How Our Knowledge Of Stomata And Discuss With The Aid Of Examples How Our Knowledge Of Stomata And Stomatal Processes Has Increased â" Essay Example > How Our Knowledge of Stomata and Stomatal Processes Has Increased Our Understanding of the Biotic and Abiotic Evolution of the Terrestrial BiosphereIntroductionThe biosphere is Earthâs surface life-supporting stratum that is relatively thin, which extends from some miles into the atmosphere to the oceanâs deep-sea vents. As a global ecosystem, the biosphere consists of the abiotic (non-living) factors and living organisms (biota) where nutrients and energy are derived. As it will be demonstrated in this piece, the biosphere is typified by a matter that is cycling continuously and a supplementary solar energy flow whereby self-reproduction of continuous certain large cells, as well as molecules, happens. Water is considered as a key predisposing factor since all life relies on it. When the elements sulphur, hydrogen, carbon, oxygen, nitrogen, and phosphorus are combined as nucleic acids, lipids, proteins and carbohydrates, they offer the direction, the fuel, and building blocks for life creation. The flow of energy is needed to maintain the organismsâ structure by forming as well as splitting the phosphate bonds. The flow of gases between the atmosphere and plants is controlled by stomata. Stomatal conductance is crucial for land-surface attribute because it connects photosynthesis, the global carbon cycleâs driving force, and transpiration, the main element of global land evapotranspiration. Even though stomatal conductance plays an important role predicting carbon cycle and global water changes, there is no globally applicable model of stomatal conductance that would allow for the stomatal behaviour predictions. The objective of this piece is to describe how our knowledge of stomata and stomatal processes has increased our understanding of the biotic and abiotic evolution of the terrestrial biosphere. AnalysisAccording to Xu et al. (2016), elevated concentration of atmospheric carbon dioxide contributes enormously to climate change. At present, th e elevated CO2 is c. 400 µmol mol-1 and has been projected to increase to c. 900 µmol mol-1 by 2100 (Xu et al. , 2016). Besides that, the global surface temperature will by 2100 increase by 2.6 °C - 4.8 °C. Without a doubt, climate change, which includes the changing precipitation patterns, rising temperatures and elevated CO2 have evidently, affected the structure and function of the terrestrial ecosystem, crop productivity, and water and carbon balance. Xu et al. (2016) posit that a deep interaction between critical environmental factors, climate change and numerous biotic factors could exacerbate the adverse impacts. Besides that, elevated CO2 could improve carbon dioxide fixation and subsequently plant production as well as growth. However, a reduction of stomatal conductance under conditions of elevated CO2 could reduce the rate of CO2 fixation but facilitate water use efficiency; thus, promoting the growth of plant, particularly in the context of climate change where period s of water shortage are projected to increase. Therefore, stomata play an important role in controlling the gas exchange between the atmosphere and vegetation, that is to say, water vapour released into the atmosphere from plants and CO2 that enters from the atmosphere. CO2 can get to the fixed Rubisco site by diffusing carbon dioxide gas from the intercellular air-spaces, stomata, as well as boundary layer close to the chloroplast. Hormones, guard cell turgor, and level of Ca2+ are the key factors that control the processes of stomatal opening.
Saturday, May 23, 2020
The Debate Over Single Sex Schools - 958 Words
The debate over single-sex schools Single-sex schools are becoming more common. According to some religion reasons, several countries such as Saudi Arabia only have single-sex schools. However, the effect and rationality of single-sex schools are an ongoing controversy, that being debated in a worldwide range. In this essay, the cases for and against single-sex education will be discussed. This essay will firstly present some positive impacts of single-sex schools, including an increase in studentsââ¬â¢ academic achievement and a decrease in classroom relationship problems related to gender. It will then discuss the reasons against single-sex schools. It will focus on two aspects, including the negligible difference in learning styles betweenâ⬠¦show more contentâ⬠¦In addition, according to Connolly, Craig, Goldberg and Pepler (2014, pp, 186-188), study with the same gender peers can effectively reduce sexual attractions, and ensure juveniles to focus on their work. Students are more likely to have romantic relationships in coeducational schools than single-sex schools. Romantic relationship in early adolescence is a crucial distraction that have many negative impacts on studentsââ¬â¢ study. Hence, single-sex schools could benefit students by segregate male and female students. On the other hand, many opponents believe that the gender differences in learning styles are tiny or non-existent, and it is no need to divide students according to gender (Hayes, Pahlke Bigler, 2011, p. 694). Foremost, Pahlke and Hyde (2016, pp. 82) emphasize that there has a lack of adequate evidence to show any differences in academic related traits, such as hearing ability and verbal ability between boys and girls. This means that many of the distributions of academic behaviour and attitudes for males and females are highly overlapping. Moreover, in the majority areas of cognitive ability, the diversity within sex is far outweigh the diversity between sex (Sadker Silber, 2007, p. 34). Thus, boys and girls can learn in the same way, and single-sex education is needless. Another point which the opponents of single-sex schools maintain is thoseShow MoreRelatedSingle Sex Schooling And Coeducation882 Words à |à 4 PagesSingle-sex schooling and coeducation have been doing through a huge debate throughout the years. Researchers wonder if single-sex education is more useful than coeducation. Single-sex schooling occurred throughout the United States history. Single-sex schooling was prevalent before the 19th century. During the 19th century, more single-sex schools were transforming into coeducational schools. In 1917 coeducation was instructed in the Soviet Union. According to Cornelius Riordan, ââ¬Å"By the end of theRead MoreThe Issue Of Public Single Sex Education Essay1407 Words à |à 6 Pagespublic single-sex education has increased in the recent years as schools are piled with more pressure to increase their grades and keep teaching method fresh. Itââ¬â¢s an old approach to the education but its gaining momentum in public schools as it has been the method in most private schools. According to the report by National Association for Single Sex Education, over two hundred public schools across the United States offer single-sex classrooms. Most public schools are venturing into single-sex educationRead MoreThe Debate Over Homosexual Couples941 Words à |à 4 PagesA homosexual couple is a pair of two individuals of the same sex involved in an intimate and loving relationship. Homosexual couples want to be treated the same way as heterosexuals by fighting for their right to get married and also their right to have children. Because of the nature of their relationship, they cannot biologically have children together so their only option is to adopt. The debate over homosexual couples being able to adopt children is very controversial and is becoming a big issueRead MoreSingle Sex Education Essay964 Words à |à 4 Pages Single-sex classrooms and schools are used in education all around the world. As a student who has nev er attended a single-sex school or classroom, I have always been curious to know how beneficial it really is. The controversy over single-sex classrooms and/or schools is an ongoing battle between educators, school systems, and the community. Those who support the idea of single-sex education argue that the separation of boys and girls due to biological differences can improve academic achievementRead MoreDania Jaser. Educational Psychology 2242. Kristen Kwasny.1734 Words à |à 7 Pages2242 Kristen Kwasny 3 March 2017 Are Single-sex schools better? Recently single-sex schools have made a comeback, and this has raised the question of whether they are better than coeducational schools. In single-sex educational systems, male and female students are separated and taught in different school buildings or classrooms. In a historical point of view, only boys were given the opportunity to pursue formal education in the United States. Schools for women began to spread in the beginningRead MoreSingle Sex And Co Educated Schools887 Words à |à 4 PagesThe debate on utilizing single sex or co-educated schools has been around for far too long. However, this controversy will come to an end today. No one should look and depend on the bright side only, because single sex schools are not exactly what everyone expects. Do people really expect for a childââ¬â¢s grades to improve at an instant? Psychological problems will begin to increase if students do not interact with the opposite sex. Students will lack the advantages of the co-educational elementaryRead MoreSame-Sex Classrooms1090 Words à |à 5 Pagesmiddle school students. We should make the local middle schools same-sex, in order to raise test scores and allow our students to feel free to learn any subject they want. There is a lot of evidence in which children benefit from same-sex schools in the ââ¬ËRaising Boysââ¬â¢ Achievement Projectââ¬â¢ (RBA) which was a four-year project (2000-2004) which focused on issues associated with the apparent differential academic achievement of boys and girls at key stage 2 and key stage 4 in schools in EnglandRead MoreSingle Sex Schools Are Becoming More Common891 Words à |à 4 PagesSingle-sex schools are becoming more common. According to some religious reasons, several countries such as Saudi Arabia only have single-sex schools. However, the effect and rationality of single-sex schools are an ongoing controversy, that are being debated around the world. In this essay, the cases for and against single-sex education will be discussed. This essay will firstly present some positive impacts of single-sex schools, including an increase in studentsââ¬â¢ academic achievement and a decreaseRead MoreGender Stereotypes732 Words à |à 3 Pagesinvestigated the various brain regions and how they develop. The study was led in 2007 by neuroscientists and compared the different sequences and speeds of brain development in girls compared with boys. NIMHA used 829 brain scans which were gathered over a span of two years from 387 subjects aged 3-27 years old. The results from this investigation show that the occipital lobe, which is associated with visual processing shows development of a rapid speed in girls aged between 6-10 years. In comparisonRead MoreIs Co-Education a Good Way Out?1170 Words à |à 5 Pageschoosing to send their children to single sex school. Some parents donââ¬â¢t want their children to be in mixed-gender classrooms because at certain ages students of the opposite sex can be a distraction and most important of all entering single sex school means the high academic achievement. Single-sex education is an old approach that is gaining its new momentum now. Contrarily, a case on the point is that, one of my friends, who graduated from a famous girls-only high school, always complains about the
Tuesday, May 12, 2020
Essay on Forensic Psychology Deals with Both Law and...
Forensic (criminal) psychology is a job field that deals with both psychology and law. The field has experienced dramatic growth in recent years due to the role of popular movies, television programs and books popularizing the field. Often these individuals are depicted as vivid components in solving vicious crimes or timing out a criminalââ¬â¢s next home. While these depictions of certainly entertaining, yet these portrayals are not necessarily precise. Forensic psychologists play an instrumental role in the criminal justice system while applying psychological principles to the legal system. The crossover of the two spheres is best decided in the Encyclopedia of Psychology, ââ¬Å"Law and psychology are two separate disciplines, but have much inâ⬠¦show more contentâ⬠¦The psychologist contributes to investigations criminal behavior by profiling and similar techniques. The criminal psychologist can also assist with pretrial methods. This subsection is highly important because it includes the evaluation and treatment of suspects, victims, or witnesses of a crime. The primary task of the forensic psychologist profiling. Psychological profiling involves ââ¬Å"investigating an offenders behavior, motives and background in an attempt to further guide an investigationâ⬠¦,â⬠(APA). There are several different areas of profiling that the professionals do in the field. In criminal profiling the psychologist analyzes the emotional, mental disposition of a suspect. While remaining as a slightly controversial technique, profiling has become an increasingly prominent part of criminal investigation. When used properly it has the capacity of being one of law enforcementââ¬â¢s most powerful tools. Forensic psychologists also have a hand in many tasks in the world of adult corrections. The psychologists have a clear understanding of the legal rights of inmates which include the right to receive or deny treatment. The professionals also review psychological effects on imprisonment and develop different handlings and methods for both correctional officers and inmates. In juvenile psychology, psychologist have numerous different roles and responsibilities that range from the school system to theShow MoreRelatedPsychology : Psychology And Social Psychology1398 Words à |à 6 Pagesanswer in his lifetime. Psychology is a very broad topic in general, and is easily broken down into two main categories: experimental psychology and social psychology. These two categories of psychology can be broken down further into many subcategories such as the following: clinical psychology, forensic psychology, and sports psychology. Both of these broad categories, nevertheless, share the same end goal, which is to understand the human mind and its functions. Psychology defined in the Merriam-WebsterRead MoreForensic Psychology : A Unique Twist On Regular Psychology1634 Words à |à 7 Pages Forensic psychology is a unique twist on regular psychology. Remarkably the job of a forensic is a more intense psychiatrist. This is because they do more than normal psychiat rist. A Forensic Psychiatrist is a doctor that has training in psychiatry and forensic that come together to be used with in different aspects of the law (Forensic Psychiatrist: Job Description, 2013). I am interested in Forensic Psychiatrist as a career because it deals with both Forensic and psychology and I am very fascinatedRead MoreForensic Criminology : Forensic Psychology And Psychologists822 Words à |à 4 PagesForensic Psychology and Psychologists Forensic psychologists are helpful in many criminal investigations as well as civil investigations. These types of psychologists must have advanced knowledge in many areas such as clinical psychology, forensic science, and many legal matters. Their main job is to aid in police investigations and/or assist as an expert witness in both criminal and civil trials. Forensic psychology is a major part of psychology because it helps define who a criminal is andRead MoreThe Fantastic Field Of Forensic Psychology1327 Words à |à 6 PagesKaylin Mize Mrs. Lozares Honors English II 15 February 2017 The Fantastic Field of Forensic Psychology 1 Forensic psychology is a developing science that is quickly being utilized in many industries. It is a very difficult choice of career, but perhaps thatââ¬â¢s why I am so attracted to it. Iââ¬â¢ve always been curious about the mind. I am not interested in so much as to the physical makeup of the brain such like a neurologist. I am more attracted to the chemical imbalances that can make someone developRead MoreSchool of Thoughts in Psychology1604 Words à |à 7 PagesMajor Schools of Thought inà Psychology When psychology was first established as a science separate from biology and philosophy, the debate over how to describe and explain the human mind and behavior began. The first school of thought, structuralism, was advocated by the founder of the first psychology lab, Wilhelm Wundt. Almost immediately, other theories began to emerge and vie for dominance in psychology. The following are some of the major schools of thought that have influenced our knowledgeRead MorePsychology: Behavior and Mental Process1100 Words à |à 5 PagesPsychology is the study of the behavior of individuals and their mental processes. (Gerrig page 2). I think the field of psychology is divided into several parts: Research, counseling, perspectives, goals, and careers. Research has played a vital role in the psychology. It has identified and helped us to understand how and why people feel, act, and think. Implementing the scientific method enables the results to be both reliable and valid. By employing this precise method, psychologists are ableRead MoreCriminal Psychology : A Glimpse Into The Mind Of A Criminal1523 Words à |à 7 PagesCriminal Psychology: A Glimpse into the Mind of a Criminal Are you interested in solving crimes, wanting to be part of the community, and help bring justice to families? Are TV shows like CSI and Criminal Minds intriguing to you? Thereââ¬â¢s a job that could suit your interests without all the blood and gore. Criminal/forensic psychology is a career for people interested in solving crimes and working to help people in the community. A forensic psychologist has many tasks that they might be involvedRead MoreExplain the Differences Between Criminologists, Criminalists, and Forensic Psychologists and What Is the Difference in Their Disciplines of Expertise.1550 Words à |à 7 PagesUniversity Unit 1 Individual Project CRJS105 ââ¬â1103b-04 Theories of Crime Causation August 28,2011 Abstract In this paper I will explain the differences between Criminologists, Criminalists, and Forensic psychologists and what is the difference in their disciplines of expertise. As well as looking at blue collar crime vs. white collar crime, how they are reported and measured by the FBI in their uniformed crime reporting. Also how blue collar crimeRead MoreThe Psychology Of Forensic Psychology896 Words à |à 4 Pagesam fascinated by the way in which the human psyche can shape individuals, societies and the social processes which we indulge in on a daily basis. As a child, my curiosity with psychology was founded heavily in the area of forensic psychology as I would often sit with my mother as she watched shows including Columbo and Law and Order. As I grew older and gained a greater understanding of what was occurring in these shows, I began to frame my own questions including the incentives that encourage peopleRead MoreForensic Psychology Essay2053 Words à |à 9 Pagesindividualsââ¬â¢ killings? Or just how the brain works in general? How does the brain tie in with criminal law? In todayââ¬â¢s society forensic science provides vital information to the court system, and it helps provide precise data in order to help imprison the convict. In forensic psychology this is where the brain and the legal system take place and combine. In criminal law today forensic psychology is sky rocketing. The amount of educational and training methods that are suddenly being created is phenomenal
Wednesday, May 6, 2020
Liability for Defective Advice from an Expert System Free Essays
Introduction An expert system can be considered to have two major components. First, there is its knowledge base. This is the portion of the system that contains specialized knowledge and expertise about its domain of application. We will write a custom essay sample on Liability for Defective Advice from an Expert System or any similar topic only for you Order Now In commercial law, liability is a form of business ownership in which business owners are legally responsible for no more than the amount that they have contributed to a venture. [1] A contract is an agreement between two or more parties to do, not do, or promise something. Contracts can come in many forms ââ¬â they can be oral or written, implied or express, and legally enforceable or not. [2] Negligent misstatement relates to a representation of fact, which is carelessly made, and is relied on by another party to their disadvantage. The harm of Negligent Misstatements A false statement of fact made honestly but carelessly. A statement of opinion may be treated as a statement of fact if it carries the implication that the person making it has reasonable grounds for his opinion. However, a negligent misstatement is only actionable in tort if there has been breach of a duty to take care in making the statement that has caused damage to the claimant. There is no general duty of care in making statements, particularly in relation to statements on financial matters. Responsibility for negligent misstatements is imposed only if they were made in circumstances that made it reasonable to rely on them (Hedley Byrne v Heller Partners Ltd [1964] AC 465 (HL); Caparo Industries plc v Dickman [1990] 2 AC 605 (HL)). If a negligent misstatement induces the person to whom it was made to enter into a contract with the maker of the statement, the statement may be actionable as a term of the contract if the parties intended it to be a term or it may give rise to dama ges or rescission under the Misrepresentation Act 1967. [3] It has long been recognized that liability in Tort might arise from negligent actions, but liability for negligent misstatements and negligent advice has been less well accepted by the courts. A negligent misstatement might be defined as a representation of fact, carelessly made, which is relied on by the claimant to his disadvantage. Where the misstatement or advice is Fraudulent, this is a different matter; such misstatements may amount to the tort of deceit. In derry v peek 1888, the house of lords held that Dishonesty was an essential element of deceit, and that mere carelessness would never suffice. This judgement was taken, perhaps wrongly, to indicate that there could be no liability in tort for negligent statements; but since this judgement predated the seminal donoghue v stevenson 1932, there was no well-developed law of negligence at the time. Consequently, it is not entirely surprising that this conclusion was reached. [4] Especially where physical damage is involved, cour ts may disregard a contract in which a customer expressly assumes the risk of the supplierââ¬â¢s negligence. Negligence, when proven, can thus surmount almost any legal obstacle the suppliers erect. As courts and legislatures become less tolerant of negligent corporate behaviour, any business that is judged negligent will likely pay for actual damages, possibly be assessed punitive damages, and may even face regulatory or criminal proceedings. Therefore, the only secure protection is not to be negligent. Defence of the Liability Products liability involves the defence of manufacturers and sellers of allegedly defective products. I defend companies who are sued by injured plaintiffs due to alleged defects in the design or manufacture of a product. Generally, the injured parties claim that additional safety features should have been included or that a necessary part was improperly manufactured or installed on a product. [5] When a products liability claim is filed, we will work with you to prepare an intelligent, vigorous and strategically aggressive defence. We will obtain the information and documentation necessary to effectively evaluate the merits of the claim and promptly analyze the strengths and weaknesses of your adversaryââ¬â¢s case and of your own. We will analyze insurance coverage issues and prepare and prosecute, to trial if necessary, insurance claims for any coverage you may have. [6] Not only can making a claim secure the compensation you deserve and help recover the costs of any treatment, but it can also help draw attention to the negligent manufacturer or retailer. By doing so, you may be able to prevent others from having to endure a similar experience. Where there are several incidents of personal injury related to a particular product, the manufacturer should issue a product recall. [7] Manufacturers are responsible for products sold to consumers and the safety of their customers is paramount. You should seek advice if a defective product has caused you personal injury as you may be entitled to claim compensation. The Consumer Protection Act 1987 makes manufacturers or importers of products into the EU strictly liable for personal injury caused as a consequence of any product defect. [8] For a claim based on tort law, the claimant will need to show that the defendant was negligent and in breach of its duty to take reasonable care in relation to the product. The claimant will also need to overcome other assertions by the defendant, for example that the defect in question was unforeseeable. [9] The harm of defection There are broadly speaking two approaches which could be adopted to the issue of ââ¬Å"defectivenessâ⬠. On one view it could be said that a product is defective when it does not live up to the expectations of consumers. On the other hand a product could be said to be defective when the product is in a condition which is unreasonably dangerous to persons or to their property. The 1987 Act appears to be closer to the tort standard than the contract standard. The safety of the product is not such as persons generally are entitled to expect; and for those purposes ââ¬Å"safetyâ⬠, in relation to a product, shall include safety with respects to products comprised in that product and safety in the context of risks of damage to property, as well as in the context of risks of death or personal injury. [10] Third Parties Third-party liability insurance protects the insured from legal liability claims presented by third parties. It can be difficult to determine who party to a contract is when it is a three way relationship. For instance, there is a legal contract between International Water Service and Pennine Water. There is also a legal contract between Pennine Water and its customers. The three or more roles in the contract are different from two roles in the contract. In this case, there is no legal contract between International Water Service and the customers of Pennine Water. The case that relate to third parties is The Salvage Association v CAP Financial Services Ltd [1995]. The more important factor that I must pay attention is ââ¬Ëreasonable care and skillââ¬â¢ in this case. For example, if we will develop this system, we must supply some compilers who have sufficient experience in the skill. If we send some no-sufficient compilers, IWS has the liability when the system is defective. S o the supplier, if acting in the course of a business, will carry out the service with: ââ¬Ëreasonable care and skillââ¬â¢. There is another important aspect in third parties. It is Privity of Contract. Privity of Contract is a doctrine of contract law that prevents any person from seeking the enforcement of a contract, or suing on its terms, unless they are a party to that contract. Suppose there are a customer, an agent and a manufacturer. There is a subcontract between agent and manufacturer. Moreover, there is a contract between agent and customer. So we can give a definition to privity of contract. Privity refers to a connection or bond between parties to a particular transaction. Privity of contract is the relationship that exists between two or more parties to an agreement. Privity of estate exists between a lessor and a lessee, and privity of possession is the relationship between parties in successive possession of real property. References [1] Legal liability http://en.wikipedia.org/wiki/Legal_liability [2] What is a contract http://www.wisegeek.com/what-is-a-contract.htm [3] Negligent misstatement http://law.jrank.org/pages/16397/negligent-misstatement-(negligent-misrepresentation-careless-statement).html [4] Negligent misstatement http://www.lawiki.org/lawwiki/Negligent_misstatement [5] Practice Insights: Products Liability Law http://legalcareers.about.com/od/legalspecialties/a/productsliab.htm [6] Products Liability Law http://www.floridalawyer.com/services-products.html [7] Making a Defective Product Claim http://www.national-accident-helpline.co.uk/accident-claims/defective-product-claims.html?s=googlegclid=CKOEzujgrKgCFUdP4QodK1f9HQ [8] Defective Products Liability Claim http://www.firstpersonalinjury.co.uk/our-specialities/defective-products-and-product-liability-claims [9] What is product liability? http://www.findlaw.co.uk/law/accidents_and_injuries/defective_and_dangerous_products/500054.html [10] Insite Law http://www.insitelawmagazine.com/ch11productlaibility.htm [11] David Bainbridge ââ¬ËIntroduction to Information Technology Lawââ¬â¢ (2008) Appendices Donoghue v Stevenson On 26 August 1928, Donoghue cost 30 minutes to Paisley by a tram. At about 8:50 pm, she was in the Wellmeadow Cafe with her friend. Her friend ordered and paid for a pear, ice and an ice-cream drink. The owner uses a tumbler to contain ginger beer and ice cream. Donoghue drank some and her friends lifted the bottle to pour the remainder of the bottle. Then, they found there is a snail which was in a state of decomposition dropped out of the bottle into the tumbler. Donoghue complained soon and her doctor diagnosed her as having gastroenteritis and being in a state of severe shock. On 9 April 1929, Donoghue brought an action against David Stevenson who is the water manufacturer in Paisley. Donoghue claimed 500 pounds as damages for injuries sustained. Caparo Industries plc v Dickman A company called Fidelity plc, which is a manufactures of electrical equipments, was the target of a takeover by Caparo Industries plc. Fidelity did not run well. In March 1984 Fidelity had issued a profit warning, which had halved its share price. In June 1984, the annual accounts were done with the help of the accountant Dickman. Caparo found that Fidenlityââ¬â¢s accounts were in an even worse state than had been revealed by the directors or the auditors. Hedley Byrne Co Ltd v Heller Partners Ltd Hedley Byrne was a firm of advertising agents. Easipower Ltd is a customer who put in a large order. Hedley wanted to check the information, which includes financial position and credit-worthiness. Heller Partners Ltd replied in a letter that was headed, ââ¬Å"without responsibility on the part of this bankâ⬠. Easipower said that consider good for its ordinary business engagements. Derry v peek (1888) The defendant tram company advertised in its prospectus that it would employ steam power, and intimated that it had the authority of the Board of Trade to do so. In the end, the Board refused consent to steam power, and the company was wound up. The claimant investor brought an action in the tort of deceit, which ultimately failed in the HouseOfLords. While there was no doubt that the defendantsââ¬â¢ claim was unfounded, the House held that deceit required actual Dishonesty ââ¬â Negligence, however culpable was not enough. How to cite Liability for Defective Advice from an Expert System, Essay examples
Saturday, May 2, 2020
The Catcher in the Rye Passage Analysis free essay sample
On my right, the conversation was even worse, though. On my right there was this very Joe Yale-looking guy, in a gray flannel suit and one of those flitty-looking Tattersal vests. All those Ivy League bastards look alike. My father wants me to go to Yale, or maybe Princeton, but I swear I wouldnââ¬â¢t go to one of those Ivy League colleges if I was dying, for Godââ¬â¢s sake. Anyway, this Joe Yale-looking guy had a terrific-looking girl with him. Boy, she was good-looking. But you shouldââ¬â¢ve heard the conversation they were having. In the first place, they were both slightly crooked. What he was doing, he was giving her a feel under the table, and at the same time telling her all about some guy in his dorm that had eaten a whole bottle of aspirin and nearly committed suicide. His date kept saying to him, ââ¬Å"How horrible Donââ¬â¢t, darling. Please, donââ¬â¢t. Not here. â⬠Imagine giving somebody a feel and telling them about a guy committing suicide at the same time! They killed me. â⬠pg. 112 This passage of the Catcher in the Rye connects very clearly with the theme of sexuality and also serves to characterize Holden. The first part of the passage is more of characterization. Holden says that ââ¬Å"[his] father wants [him] to go to Yale, or maybe Princeton, but [he] swear[s] [he] wouldnââ¬â¢t go to one of those Ivy League colleges if [he] was dying. â⬠Here, besides the characterization of Holden, it is easy to identify that his father is also characterized. He misunderstands Holden wishes, or perhaps disregards them entirely. The father wants Holden to become exactly what Holden hates, which is an ââ¬Å"Ivy League bastardâ⬠that will be just like all of the other upper class young men that Holden criticizes as phony or crumby, like Stradlater. In this case, Holden wouldnââ¬â¢t go ââ¬Å"if [he] was dying,â⬠which is a slight hint that he wouldnââ¬â¢t go to the school even if it could save him. He means that he doesnââ¬â¢t believe those types of schools could help him at all, so he would rather die. Here Salinger characterizes Holdenââ¬â¢s suicidal manner, or becoming of it, even if written in a seemingly joking way. This is another characteristic of Salingerââ¬â¢s writing and characterization of Holden. A grave matter, such as Allies death from leukemia, is always treated lightly because Holden himself does not realize the deep impact such events had on him. Holden is always characterized indirectly, which is what is happening in the beginning of the passage with his repulse towards Ivy League schools and members. The second part of the passage is focused on how Holden views sexuality. While he is alone at his table isolating himself, this couple slightly older than him sits beside him. Although he criticizes the guy as an ââ¬Å"Ivy League bastardâ⬠who looks like all others, he describes the girl as ââ¬Å"terrific-looking. â⬠Here we can assume that Holden is more affected by the menââ¬â¢s sexuality than with womenââ¬â¢s behaviors. In this case, it is the guy who is ââ¬Å"giving her a feel under the table. â⬠In other areas of the book, he criticizes Stradlaterââ¬â¢s actions, how Carl Luce used to be, and even Mr. Antoliniââ¬â¢s possible harassment towards him. However, Jane Gallagher who goes out with Stradlater, does not receive any sort of criticism from Holden. She is, of course, a type of muse to him from his childhood before he became traumatized by Allieââ¬â¢s death. Jane could be a reason why he does not criticise women so much. Another possible explanation might be that Holden himself is a man, which would make him more defensive and scared of he himself becoming dirty and impure like some guys he knows. This defensiveness could be portrayed by the constant deceive of attention into sexual actions of other men. Besides the physical appearance of the couple, Holden also mentions their mentality by describing ââ¬Å"the conversation they were having. Once again, the guy is the one who leads the corrupted actions. He talks to the girl about ââ¬Å"some guy in his dorm that had eaten a whole bottle of aspirin and nearly committed suicide. â⬠Holden is amazed and shocked about the subject the couple could be talking about while trying to be sexually pleased. Here Holden is criticizing sexualityââ¬â¢s lack of sensibility, since such a topic like death should not be discussed at such a time. Again, just like with Allieââ¬â¢s trauma, the motif of death is treated lightly by being mentioned during a date. The idea that this boy ââ¬Å"nearly committed suicideâ⬠can also lead the leader to tie this passage back to the James Castle incident. In Holdenââ¬â¢s views, J. C died for a noble cause (standing up for a belief) and is also idealized by Holden. Ivy League guys, such as the ones who led Castle to his death and the one from the passage on a date, treat the subject ordinarily and donââ¬â¢t give as much meaning to the action of suicide as Holden does. This ties back to Holdenââ¬â¢s condemnation of phoniness because he stereotypes these rich men as insensible and corrupt. They have religiously sinned and been through the Fall of Men while Holden himself identifies better with James Castleââ¬â¢s (Jesusââ¬â¢s) actions and thinks he can save himself and others (children) from becoming corrupt or falling over the cliff. In other terms, he portrays sexuality as something impure because he himself cannot understand it like these other corrupted men. Overall, this passage is a characterization of Holdenââ¬â¢s beliefs through themes, the main one being sexuality. This passage of Holdenââ¬â¢s description about a couple at a bar actually serves as a characterization of himself and a way to convey themes in the novel. Holden is characterized in the beginning when he states he wouldnââ¬â¢t want to go to an Ivy League school. He is described indirectly by Salinger as a teenager who will not mature to become like the older men he sees because he has reason to believe they have all conformed to being corrupt. This also ties to the theme of Holdenââ¬â¢s alienation as a form of protection, because Holden is alone and is actually a virgin. In the second part of the passage, Holden continues to be characterized but this time through the theme of sexuality. He criticizes men who are very sexual because he thinks sexuality is also something corrupt. Salinger manages to show this through the conversation the couple is having one about suicide and death and still manage to be sexual while discussing such topic. This passage of Holdenââ¬â¢s description about a couple at a bar actually serves as a characterization of himself and a way to convey themes such as sexuality in the novel.
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