Wednesday, March 25, 2020
Aggravated Assault essays Aggravated assault is the unlawful threat of bodily violence or harm to somebody else, or an attempt to do such harm. The purpose of this paper is to inform the reader about all aspects of the personal crime of aggravated assault. It will illustrate the typical victim and offender and the situations that surround this crime from a citizen and criminologist perspective. Aggravated assault is more serious than assault because the offender inflicts an unlawful attack upon the victim for the purpose of inflicting severe or aggravated bodily injury. This type of assault is usually accompanied by the use of a weapon or by means likely to produce death or great bodily harm. In 1998, there were a total of 1,673,640 aggravated assault victimizations and 1,457,800 incidences. Victimizations indicate the number of people that were received the criminal offense. Incidences mean the scene and time of the assault. For instance, two people are robbed at gunpoint. It is counted as two robbery victimizations and one robbery incidence. Of all the criminal offenses measured by the National Crime Victimization Survey (NCVS), 5.3 percent of them were aggravated assaults. On average, about eight people in every one thousand people were the victims of aggravated assault. Out of one thousand people, 10.5 males were assaulted and 4.7 females. Black males and females are more likely to be the victim of aggravated assault between the ages of twenty to twenty-four. Twenty-six urban, black males out of every one thousand people are the victims. White males are more likely to be the victim between the ages of twelve to nineteen. White females are more likely to be the victim between the ages of sixteen to twenty-four. In all, black males are most likely to be the victim between the ages of twenty and twenty-four. Thirty-three percent of the victims had an income less than $7,500 annually. Such a low income is probably due to the young age...
Friday, March 6, 2020
Green Technology essays A prospective new law requiring every new car to meet strict emissions standards will soon become a nation wide campaign to reduce air pollution. Some day, might younger generations not have to learn about brown clouds? It is a respectable goal. New laws regarding air pollution standards will obviously yield positive effects. California broke the ice with their ambitious auto emissions laws, and sparked an engine in major auto manufacturers. Soon after the laws introduction, a minimal number of all-electric vehicles were introduced. Unfortunately, low sales extinguished the concept. No wonder: Battery-powered cars run out of juice quickly, take a long time to recharge, and their energy packs which dont last long enough are expensive. However, this was a large step in the right direction. Years of research and development later, Honda and Toyota introduced a new type of ultra-low-emission-vehicles. Known as a ULEV, this new type of car was dubbed a hybrid (Lovins, 3). Hybrid vehicles, which never need to be plugged into anything, are emerging as a more sensible way to get out of the internal-combustion rut. A typical hybrids engine consists of a small gasoline engine linked to a compact direct-current electric motor, accomplishing an astonishing seventy miles to the gallon. All of these new car s may be attributed to the new pollution laws. Another newborn to conscientious consumers is low or non-polluting house appliances. Most models are not on the market yet, but soon will be. Such brands producing these new appliances will be GE, Kenmore, and Fridgidare. To reward environmentally friendly houses, some politicians are pushing for laws to be passed that give tax breaks to conscientious consumers. The exact figure of a tax break is yet to be determined. After the new laws passing, consumers may expect many pollution efficient changes in this area. ...
Wednesday, February 19, 2020
Digital Technologies and Contemporary Patterns of Music - Essay Example The rapid growth in the digital music market has received a major boost from the ever-increasing popularity of various online music download stores such as various streaming services and iTunes. Modern music consumers are spoilt for options in the possible methods that are at their disposal through which they can be able to acquire new music. These sources range from a wide variety of several non-paid and paid legitimate sources to some other unlawful channels. The impact of the use of digital technology in music production and distribution and the subsequent impact on music consumption is a topic that has been seen to draw a wide variety of comments from several legal experts, pundits, scholars and the music industry (Halsey and Wooley 2009). Ã The traditional economic and social arrangements that used to surround the production and distribution of music are breaking down at an ever accelerating rate and markets are becoming more consolidated. This paper seeks to establish just how the use of these digital technologies can be seen to be impacting the modern consumerÃ¢â¬â¢s consumption of music. Ã Several decades before the advent and widespread use of the Internet, the music industry was seen to be relatively healthy and its worldwide sales were seen to peak considerably in 1998 (Baym, 2010). Since this peak, the spread of peer-to-peer (P2P) networks, such as Napster have greatly contributed towards the overall decline in the general sale of CDs. The monopoly that was being exercised by reproduction of high-quality reproductions was effectively eliminated with the digitization of music such that the illegal copies being reproduced were now being produced having equal quality standards to the original music (May 2007). Concomitantly, the production of intangible digitized music has resulted in the emergence of new consumption practices. Ã
Tuesday, February 4, 2020
Client's Brief - Assignment Example In the recent times, the number of civilian arrests that has been made on the lines of substance abuse is increasing. As of the year 2011, the first 6 months of the year witnessed an increase of drug abusers arrest by 20% as compared to that of the previous year. Also, the number of first time drug users has also gone up over the years on a steady basis since the year 2008 (Kirkland, 2011). The charity based organization, The Turning Point, which has its financial funding and support from the local government, provides the female victims of substance abuse the opportunity to recover by making them stay and participate in its indoor program for a period of 6 months. The last 3 months of the abuse removal program enables the respondents to participate in working and studying outdoors. The service offering of the charity comprises of residential rehabilitation programs as well as counselling services to the affected victims. Internal environment Ã¢â¬â TOWS analysis The TOWS analysis is often used to analyse the competitive position and advantage of the company. It is of considerable importance to mention that the TOWS matrix is a conceptualized framework that helps in a great way in matching the external opportunities and threats with the factors of company or organization specific strengths and weaknesses. Threats Old residents might contact new outdoor residents for selling of drugs. Competition with other organizations in regards to staff availability and volunteers Donor organizations moving to fund other non profit organizations. Opportunities Expanding the charity based organization in to new locations. Increasing awareness among schools and universities in regards to the problems of drug abuse Create union ship with other non profits organization for fund raising activities. Weakness Re-entering of completely healed patients in the world of drug abuse Problem of arranging education and sustainable lifestyle for the cured residents Difficulty in arranging for shelter for the resident females after their exit from Turning Point. Strengths Highly empowered staff and large number of volunteers. Stringent laws to take care and prevent the possibility of running away of residents. Exemption of tax by the corporate of around 2.5 times to the amount donated to Turning Point External environment The external environment comprises of stakeholders, competitors as well as macro and micro based factors of political, economic, social, technological, environmental and legal. Stakeholders Talking about the stakeholders associated with the charity based organization, it can be said that in general lines the entire society is the stakeholder. The reason behind making that statement is the fact that The Turning Point is non profit government funded charity and hence the entire society of Singapore is bound to benefit from a drug addict free environment developed by
Sunday, January 26, 2020
Patient Safety The Importance of good record keeping The purpose of this essay is to look at four of the principles from the Nursing Midwifery Council (NMC) document, principles of good record keeping. The NMC is the United Kingdoms regulator for the nursing and midwifery professionals. It is a professionals responsibility to follow the NMC code, principles of good record keeping, to help safeguard the health and wellbeing of the public (NMC, 2009). These four principles chosen states, Individuals should record details of any assessments and reviews undertaken and provide clear evidence of the arrangements that have been made for future and ongoing care, including any details of information given about care or treatment (NMC, 2009). Ensure records should be accurate and recorded in such a way that the meaning is clear (NMC, 2009). Where appropriate the person in your care or their carer should be involved in the record keeping process (NMC, 2009) and finally Individuals have a duty to communicate fully and effectively with colleagues, ensuring that they have all the information they need about the people in their care (NMC, 2009). In addition to these four principles, this essay is going to discuss each principle and the impact that the principles have on a patients care plan and how the principles maintain within a patients care plan. Record keeping is a fundamental part of nursing practice (Giffiths et al, 2007:1324-1327). The role of good record keeping is to ensure that all healthcare professionals know what care and treatment the patient is receiving. The first principle of good record keeping being discussed states individuals should record details of any assessments and reviews undertaken and provide clear evidence of arrangements that have been made for the future of ongoing care. This should also include details of information given about care and treatment (NMC, 2009). One of the main evidenced based records in a care setting is a care plan. A care plan is a written record that informs individuals about the care and treatment of the patient (Barrett et al, 2009:5-6). Care plans develop using the nursing process. This involves a systematic approach involving assessment, planning, implementing and evaluating. This method provides a framework for professionals, which enables the making of a care plan to be developed, allowing professionals to meet the needs of the patient and protect their welfare (Wright, 2005:71-73). When admitting a patient into a care environment undergoing an assessment is essential. This should cover all basic needs such as hygiene, social, physical and safety needs of the patient, which would also include internal homeostasis needs, for instance temperature, pulse, respiration and blood pressure (Geyer, 2007:29-30). While patients care is ongoing, a document that is widely used within an acute side of the health care setting is EWS; this early warning sign document is a tool that protects the welfare of patients while receiving care from professionals. This tool can enable early detection of patients deterioration, based on measuring vital signs. This tool can highlight risk when monitoring patients and detect when the need for further intervention is required of skilled practitioners (Mohammed et al, 2009:18-24). Assessments can involve a variety of tools the purpose of these tools is to help professionals do their job properly and help toward assessing priority of care (Barrett et al, 2009:87-94). Assessing and planning are ongoing while the patient is receiving treatment. Documenting in a patients record while care is ongoing shows clear evidence of what as to be established, demonstrating the interaction that multi disciplinary teams provides, from the time a patient is admitted in to a care setting to when they are discharged (Barrett et al, 2009:20-23). Within a care plan relevant information is stored about the patient, this should enable all professionals to develop a knowledge of the patient and enable them to have an empathetic understanding of the social, psychological and physical wellbeing of that individual (Barrett et al, 2009:47-56). A patients individual file will also contain details about the history of the patient, this can highlight any risk apparent, ensuring all professionals delivering care to individuals are aware of the patients condition, any known allergies, care required to be delivered and any treatment the patient is receiving. The assessment and planning stage of the nursing process provides an accurate method of which the care plan document can guide professionals. The implementing stage enables professionals to deliver the care agreed and planned throughout written communication. The evaluating stage enables professionals to plan effectively. These four methods of the nursing process is a requirement when developing a care plan this then enables multi-disciplinary teams to be able to provide effective care when protecting the welfare of patients (Wright, 2005:71-73). Documenting the whole care planning process from assessment to evaluation as soon as it has happened is very important. Incomplete documents can cause the patients to suffer through no fault of their own; professionals have a legal responsibility to record documents. Documents need recording in multiple ways. However, written and electronic methods are the main ones widely used within a care environment, with whatever method used records sho uld remain accurate and easily understood. The principle of good record keeping from the NMC, 2009 also suggests, Records should be accurate and recorded in such a way that the meaning is clear (NMC, 2009). Implementing good record keeping in a care plan is relevant for the importance of promoting the welfare of patients. Clinical records shared the whole time a patient is receiving care or treatment and all health records should remain legible. Health professionals read records on a daily basis and it is important that the information in documents can be understood (Powell, 2009:300-301). Records can contain poor handwriting, which can then become very difficult to read, this can have an effect on care delivered to the patient. If individuals do not understand the writing within a patients records, mistakes can occur and put patients at greater risk. Health care records provide a lot of information about patients and it is vital it remains correct. The type of errors made when recording information can include, unreadable handwriting, jargon, spelling errors, typing errors and not recording essential information. Missing out information while documenting in records can put a patient at jeopardy and this highlights a cause for concern. For instance, a patient takes their medication but the nurse who g ave the medication forgot to document it. If professionals do not receive information of when, what time and the date medicines administered to a patient, it may mislead other nurses taking over from another shift causing professional errors and risk of an overdose may occur to the patient (Dimond, 2005:568-570). When recording in medical documents using medical abbreviations can be confusing, especially if the nurse is not familiar with the medical terminology. Professionals perform shortening down medical terminology into a variety of abbreviations throughout healthcare. The nursing and midwifery council makes it clear that abbreviations do not shorten, as there are dangers in using them. Professionals maybe mistaken by abbreviations in documents, this is when misunderstandings can occur. If abbreviations are mistaken and assumed to stand for something else, if implemented it can cause harm to the patient. For instance NFR; not for resuscitation or either way this could mean neurophysiological facilitation of respiration, which is a physical therapy. This abbreviation could cause fatal consequence if it suggests in a patient document that the patient is not required to have NFR and it does not make it clear within that record. Eliminating abbreviations when recording information is crucial as all records should express a clear detailed response (Dimond, 2008:196-198). Information in records should remain clear and accurate, as they are a legal document, for not only the safety of the patient but it also protects individuals from charges of negligence and other forms of malpractice. If a patient comes into any legal disputes, documents should remain professional as it is an individual responsibility as a professional to be legally responsible for what they write and all records should be legible to stand up in court if necessary (Powell, 2009:300-301), this shows how crucial record keeping is. Brooker Waugh 2007 states, If nursing care is not written down then it did not happen. When documents are being produced, where appropriate the person in your care, or their carer, should be involved in the record keeping process (NMC, 2009). This principle is an ongoing development throughout nursing practice, as well as involving patients in any decisions about care and treatment. Communication between nurse and patient develop to deliberate on the arrangement of care. Information within this discussion may come from close family members or carers, if the patients are not able to speak for themselves. Professionals require information from relatives and other individuals close to the family, this is vital within the process of record keeping. Exchanging information is essential to provide safe care towards the patient. During development of record keeping it is important to involve the patient or carers to confirm the care discussed, this is important because the clients care needs clarifying with the overall concept of the care plan and the process of its delivery. This enables the sharing of information throughout multi-disciplinary teams and allowing professionals throughout a variety of services to have access to medical records whenever they may require it (NMC, 2008). Patients records can be vital to staff who do not know the patient well, individuals giving consent for their file to be shared helps professionals to do their job. This then allows the individuals to provide a duty of care and enables professionals to protect the welfare of their patients. The last principle additionally advises, Individuals have a duty to communicate fully and effectively with colleagues, ensuring that they have all information they need about the people in their care (NMC, 2009). Nursing records are an evidence based communication tool; healthcare records are largely significant in communicating detailed information from one service to another. Clinical records are a source of communication throughout the healthcare sector, providing information to protect the wellbeing of individuals. It is essential that good communication is able to develop throughout multidisciplinary teams, ensuring all information exchanged concern patients for which professionals deliver care. When professionals are exchanging information, it provides a foundation for which the continuity of care to patients can continue. Information reported should be clear to professionals so they are up to date of the clients condition, not only verbally but also manually. (McGeehan, 2007:5 1-54). Verbal communication throughout handovers remains essential to practice; handing over information at the end of a shift can be quite brief and having written documentation gives professionals the opportunity to look up on patients information, which will hold important details regarding the patient. This is most valuable especially for staff covering shifts; on some occasions professionals contact relief staff members to cover staff shortage. If individuals giving care do not know the patient, it enables them to read up and gain an insight of the patient, including medical history, current treatment and what care to be delivered, therefore enabling them to deliver care confidently (Featherstone, 2008:860-864). However, discussing these four principles regarding the process of record keeping, it highlights the vast amount of impact these principles can have throughout a care plan document. This involves communicating throughout recorded documentation alerting multi-disciplinary teams of patients details based on facts. This allows professionals to know what the patient requires and continue the care agreed to protect the patient from any harm. Communication has an impact throughout a care plan; all recorded information helps towards the progression of the continuity of care, while delivering it throughout the healthcare sector enabling successful care delivery. Care plans are documents of evidence of the care agreed and the arrangements made by professionals who deliver the care. It provides stability to patients and professionals in connection to any medical intervention between those involved ensuring a secure environment so delivery of care can continue (Barrett et al, 2009:13-14). Recog nising the impacts these principles have on a care plan are standard but the acknowledgment of their impact become relevant throughout maintaining. Maintaining a care plan is a fundamental process established by reviewing and audits. Using these methods to maintain a care plan is essential, as it is an ongoing process to protect the welfare of patients. Reviewing and auditing can instigate the cause for professionals to look into a care plan further. Audits of records allows professionals to determine how well policies are implemented within a care environment and how standards of care delivery are set. This helps establish best practice in nursing records and helps to reduce any risk towards the patient safety, which can arise from poor record keeping (Griffiths et al, 2007:1324-1327). Information recorded draws attention upon the needs of the patient. If a patient was continually complaining of chest pain, this would alert nurses and doctors to investigate the problem and further medical intervention maybe required (Geyer, 2007:23-24). Simply doing an audit raises awareness of the need to improve practice. Regular audits on do cumentation have to take place to identify any necessary errors ensuring standards within healthcare facilities are ongoing and up to date. Reviewing is essential as ongoing factual records of a patients health status can highlight changes in a patients condition. Enabling professional has to amend changes for the best interest of the patient when reviewing documentation (Brooker Waugh, 2007:368-369). Reviews put in place help evaluate a patients plan of care, making sure that the care they receive is relevant to their needs at the time. The aim of reviewing documents and how maintaining them in a care plan is essential and is purposely to ensure that the safety of the patient. Reviewing documents in a care plan focuses very much on the individual receiving care. However, the persons involved in providing care to the patient play a big part in the reviewing process to ensure all care is specific to the needs of the patient (Miller Gibb, 2007:271-271). Reviews and audits play a big part in how records maintaining documents keeps practice current and up to date ensuring the best interest of the patient, and protect the p atients from any harm. Conclusion The purpose of record keeping is the care of the patient and is considered has a fundamental part of nursing practice. It is crucial to the well-being of the patient and the delivery of care; it also ensures that professional standards within a healthcare environment, challenging professionals ensuring the delivery of duty of care. Documents have an impact on everybody involved and written records are important and must comply within the record keeping principles and set standards to multidisciplinary teams, in turn, helping contribute to the quality of care being given. The consequences of poor record keeping are quite clear hence the requirement for medical staff to ensure that the proper procedures are undertaken. Professionals need to keep records to safe guard their patients while protecting their welfare, this highlights the need for this to remain as precise as possible throughout maintaining records while care is ongoing. Recording in documents can assist towards the continui ty of care, which provides a safe stable environment for the patient. Professionals working in a health care environment makes them aware that their workload can become very busy, it is important that they do not let this affect their need to keep records. Time should be set aside for record keeping, if records are rushed errors can develop, poor quality of records cannot show to reduce the quality of care. Good record keeping is a characteristic of a skilled practitioner and it is largely about the various forms of communication from one service to another. Records documented correctly appropriately to the NMC 2009 principle of good record keeping guidelines highlights the need of communication throughout written records. Following these principles enhances the fact of how vital record keeping is, and how record keeping is an essential method used to protect the welfare of the patient.
Saturday, January 18, 2020
1) a) Explain how the making of the contract between the consignor and the railway station can exist? The contract between the consignor and the railway company will existing when the railway company has accepted the goods for carriage from the consignor and together with the consignment note make by consignor. The acceptance will be established with the consignment note and will be stamp of the forwarding station. The consignment note is made by the consignor with three copy, each copy for each carriage freight, and the content of the consignment note are correspond with all the terms and condition that was agreed by the Rules. When the consignment note had been made by the consignor and was being stamped by the forwarding station, the consignment note will be an evidence of the making contract between the consignor and the railway station or forwarding station, the content that stated in the consignment shall be correspond or exactly same with the consignor with railway station previously agreed. The responsible of the consignor is extraordinary of the consignment note, which may in accordance with the agreement between consignor and the railway company. In the consignment note was related to the goods such as quantity of the goods or to the amount of packages shall only be evidence against the railway when it had been verified by the railway to regulate that is not any deviation with the particular of the consignment note and has be certified in the consignment note. If that was any necessary these particulars may be verified by other means or it was obvious that there is no actual insufficiency corresponding to the discrepancy between the quantity or amount of packages and the particulars in the consignment note, the latter shall not be evidence alongside the railway. This shall apply in particular when the carriage is handed over to the consignee with the original stamps complete. After the railway company has verified the goods, and they shall to certify a receipt that include the date of acceptance of the carriage and stamped on the consignment note before it was duplicated to the consignor. The railway shall declare acceptance of the goods and the date of acceptance for carriage by assigning the date stamp to or else making the entry on the duplicate of the consignment note before compensating the duplicate to the consignor. The duplicate will not have influence as the consignment note complementary the goods, nor as a bill of lading. Grand Trunk Railway Co. of Canada v. McMillan  In this case is the Grand Trunk Railway Company of Canada as defendant and Robert McMillan as plaintiff. The fact in the case is the railway company have the contract with Robert McMillan, which is a contact for carriage of the goods and it was go beyond of the station of line. The railway company undertakes to carry goods to a point beyond the station of its own line its contract is for carriage of the goods over the whole transit. However the other companies which over of the line they must pass are merely agents of the contracting company for such carriage, and it was in no private of contract with the transporter. In addition, such a contract being one which a railway company may refuse to enter into the contact, it is because of according to section 104 of the Railway Act it does not prevent from restrict the liability for negligence as carriers or else in respect to the goods to be carried after they had gone from its own line. Moreover, inside the contract have a condition from the Grand Trunk Railway Company (defendants), it was stated, they carry the goods form Toronto to Portage la Prairie, Man., it was a place that beyond the station of their line, and the company shall not be responsible for any loss, damage or delay and detention that may happen to goods sent by them. If that has be happen (loss, damage or delay and detention) after said the goods had arrived at the stations or places on their line nearest to the points or places which they were committed to or beyond their held limits. Furthermore for the condition of the contract is provided that no claim for loss, damage, delay or detention of goods should be allowed unless notice in writing with particulars and it was given to the station agent at or nearby to the place of delivery within thirty-six hours after delivery of the goods in order to the claim that was made. The held in this case is because of the condition are not relieve with the company from the liability for the loss and damage that happened during the goods in transit, even if the loss, damage, delay or detention had happened beyond the limits of the company in that own line. As well as the loss having occurred after the transit was over, and the goods delivered at Portage la Prairie, and the liability of the company as carriers having ceased, this condition reduced the contract to one of mere bailment as soon as the goods were delivered, and also exempted the company from liability as warehousemen, and the goods were from that time in keeping of the company on whose line Portage la Prairie was place and it was as an bailees for the goods. That a plea setting up non-compliance with this condition having been demurred to, and the plaintiff not having appealed against a judgment over-ruling the demurrer, the question as to the sufficiency in law of the defense was res judicata. Likewise for the part of the consignment having been lost such notice should have been given in respect to the same within thirty-six hours after the delivery of the goods which arrived in safety. Finally it was be an action against the Grand Trunk Railway Co. and the Canadian Pacific Railway Company jointly for damages caused by injury to the plaintiffÃ¢â¬â¢s goods that carry on the Grand Trunk for carriage of goods from Toronto to Manitoba. The goods were only carried by the Grand Trunk over a portion of the route and by the Canadian Pacific from Winnipeg to the place of consignment, and they were in the actual ownership of the latter company when injured. And because of the damage to the goods was not disputed, but the defendants claimed that they were carried under a special contract, by the terms of which they were relieved from liability. b) Briefly explain the party that have the liability to be liable under the carriage by rail? The rail carrier has the liability to be liable for the loss, damage or any delay of the goods that who was under CMR. According to Article 55 is provided that the railways may bring an action to forwarding railway. That is for claim against the railways company due to arising of loss, damage or delay of the goods, and is an action that for reclamation of totality of funded under the contact of carriage of goods might be taken against the railways which have composed that totality or against to railways on behalf it was collected. Based on Article of 54, that is the action against the railways might be brought by the consignor. If any happen action arising from the contact of carriage of goods, the action might brought by consignor until the consignee was take a proprietorship of the consignment note, accepted the goods from the consignor, or declared he has the right to deliver the goods. Or the action against the railways also can brought by the consignee, when the consignee are take a possession of the consignment note, accepted the goods, declared his right or he had been provided that he has the right of action that shall be quenched from the time when a person was entitled by the consignee. However, if they might brought an action against the railways, consignor shall to produce the duplicate of the consignment note, because that will be an evidence that he produce an authorisation from the consignee or deliver resistant that the consignee has refused to accept the consignment note, or the consignee shall to produce the consignment note if it has been furnished terminated to him. In addition, that Article of 36 that is the extent of the liability. The railways has a number of exclusion from the liability. In fact the railways shall to be liable for the loss, damage or delay of the goods, and occasioning from the total or some of the partial of loss, damage or delay from the consignor or between the time that had acceptance for carried out the goods loading and the time delivery and inherent vice of the goods such as defective packaging, decay of the goods or wastage. The railway company shall be relieved of such liability when the loss, damage or delays or the goods that had carried, due by the cause of fault on part of the person entitled, or by the person that entitled other than as result of a fault on the part of the railway which the railway could not avoided and which is unable to prevent the consequence. For instance, under the agreement between the consignor and the railway in the consignment note, the goods should be under the condition that applicable that had been stated in consignment note, any absence or lack of the filler of the good which by their nature shall be liable to loss or damage when the goods was not packed or not be properly packed, or defective loading that had been carried by the consignor, any irregular, incorrect or any incomplete description of the article not been acceptable for carriage or acceptable matter to conditions or failure on part of the consignor to observe the prescribed protections in respect of article acceptable matter to conditions, or the carriage of the live animal and what stated in the consignment note must be accompanied by any attendant, if the loss, damage or delay of the goods had been resulted in the risk of the attendant was intended to obviate, all the circumstance, the railway shall be relieved of the liability when it was cause in resulted in loss, damage or delay of the goods. For example in the case of Mitsubishi Heavy Industries Ltd. v. Canadian National Railway Co., Rainbow Industrial Caterers Ltd. v. Canadian National Railway Co., , see as well the case of Grand Trunk Railway Co. of Canada v. McMillan . Mitsubishi Heavy Industries Ltd. v. Canadian National Railway Co. In this case the Mitsubishi Heavy Industries Ltd is the plaintiff and Canadian National Railway Company is the defendant in the cases. The fact in the case was as an import of a train derailment cargo owned by the plaintiff was severely damaged. The cargo was being accepted under a Ã¢â¬Å"Master Transportation AgreementÃ¢â¬ between the plaintiff and Fujitrans as a freight forwarder. The goods made in Japan and were carried by sea to Vancouver where it was discharged for further carriage to Ontario by rail. Furthermore, the defendant rail carrier assumed, pursuant to Section 137(1) of the Canada Transportation Act, S.C. 1996 and an agreement between Casco, another freight forwarder, that it was entitled to limit its liability to $50,000. However the rail carrier was entitled to limit his liability. The held in the case is which is the right of the defendant as a rail carrier to limit its liability depends on it establishing the existence of a Ã¢â¬Å"confidential contractÃ¢â¬ under ss. 126 and 137 of the Canada Transportation Act that is a Ã¢â¬Å"written agreement signed by the shipperÃ¢â¬ and that contains a limitation of liability. The Ã¢â¬Å"shipperÃ¢â¬ within the meaning of the Canada Transportation Act in the circumstances of this case was Casco not the plaintiff. In addition, the requirement of a Ã¢â¬Å"signedÃ¢â¬ copy of the agreement does not necessarily require that an actual contracted copy be produced. In this case, the existence of signed consignment of the agreement was sufficient. The plaintiff impliedly or expressly agreed to and authorized the subcontracting by Fujitrans to Casco and by Casco to the rail carrier. Moreover, the plaintiff had express awareness of the terms of the agreement between Casco and the rail carrier. Accordingly, the plaintiff is guaranteed by the limitation even without any private of contract between it and the rail carrier. Rainbow Industrial Caterers Ltd. v. Canadian National Railway Co.,  In this case the Rainbow Industrial Caterers Ltd as an appellant however Canadian National Railway Company as a defendant in the cases. The fact in the cases is actually they have two different industrial caterers, both of them is from Albert and in BC, and they was joined and administer as one entity that called as Ã¢â¬Å"RainbowÃ¢â¬ . Canadian National Railway Company decided to call for tender for the catering of the meals and service for all the work of crews on a nation-wide basis for the good weather work period in 1985. It had estimated that 1,092,500 meals that will be required. Canadian National Railway Company was notified to Rainbow that the meals are total expected to be 85% of the values listed in the tender document, after the Rainbow was made the bids at $4.94 per meal. It was caused the Rainbow was to increase its bid to $5.02 per meals. As a result that the Rainbow was accumulate that it was losses month by month, because of the number that the meals required was very less than the number given as by the Canadian National Railway Company, and it was caused the Rainbow lost about $1,000,000 on the contact and sued to Canadian National Railway Company. Rainbow was brought an action in tort on the basis of negligent misstatement and misrepresentation in the contact. It is mean that was a breach of the contact and negligent misstatement. The held in the cases is the appellant is looking for the damages in an action for the negligent of misrepresentation is entitled to be put in the position, which if the misrepresentation had not been made. Thus, in tort of action the object is to put the appellant in the position that would have been in if the tort had not been committed. The position would have been is a matter that the appellant must to establish on a balance of the probabilities. However the Canadian National Railway Company was argue that the much of the losses was not caused by the negligent misrepresentation and would have been suffered even had the estimated was accurate. Canadian National Railway Company position is that the losses caused by the conduct that cannot be recoverable in the misrepresentation claim. But, the Canadian National Railway Company is bore the burden of proving the Rainbow would have a bid even if the estimate had been accurate. That was not being proved and it is taken as a fact that the Rainbow would not have to contract had the estimate been accurate. The conduct would not have occurred if there had been no contracted and these losses are causally and directly connected to the contract and the contact is causally connected to the negligent misrepresentation. Finally, this damage was foreseeable and there are not remote. The court was not satisfied that the Rainbow would have entered into the contract in the absence of the misrepresentation, so the damages claimed by the Rainbow were predictable. Furthermore the appellant may compete that all its losses on the contract were caused by the negligent misrepresentation but if it is shown that the loss was caused by factors other than the misrepresentation, and then the chain of causation is broken down. Generally, the plaintiff establishes a prima facie case by proving losses resulting from the contract. But the defendant may demonstrate that the chain of causation was broken by. For instance that the appellant was acts in own, the acts of third parties, or other factors disparate to the circuitous misrepresentation. Tort responsibility is based on mistake, and losses not caused by the defendantÃ¢â¬â¢s fault cannot be charged to it. It is for the appellant in constricting to make appropriate allowance for contingency such as conditions. The plaintiff may also have claim against third parties who cause it loss. To strengthen, the plaintiffsÃ¢â¬â¢ losses may have been caused by the respondent in negligent misrepresentation, or other wrongful acts or omissions of the respondent, whether in negligence or breach of contract and the plaintiffsÃ¢â¬â¢ acts or errors, the acts of third parties, factors unrelated to the faulted either the plaintiffs or the defendant. Trial judge wrongly held that all the appellant contract losses must be certified to and made no findings with respect to the other potential, in spite of the fact that the defendant Canadian National Railway Company led verification on them. These findings must be made if fairness is to be done.
Friday, January 10, 2020
Outline and evaluate one theory of attachment (12 marks) BowlbyÃ¢â¬â¢s theory is an evolutionary theory because, in his view attachment is a behavioural system that has evolved because of its survival value and, ultimately, its reproductive value. According to Bowlby, children have an innate drive to become attached to a caregiver because attachment has long-term benefits. Both attachment and imprinting ensure that a young animal stays close to a caregiver who will feed and protect the young animal.Thus attachment and imprinting are adaptive behaviours. Infants who do not become attached are less likely to survive and reproduce. Attachment Ã¢â¬ËgenesÃ¢â¬â¢ are perpetuated, and infants are born with an innate drive to become attached. Since attachment is innate, there is likely to be a limited window for its development i. e. a critical or sensitive period. Development of all biological systems takes place most rapidly and easily during a critical period. Bowlby applied the conc ept of a sensitive period to attachment.He suggested that the second quarter of the first year is when infants are most sensitive to the development of attachments. The drive to provide caregiving is also innate because it is adaptive (i. e. enhances survival of oneÃ¢â¬â¢s offspring). Infants are born with certain characteristics, called social releasers, which elicit caregiving. The social releasers include smiling and crying. Another social releaser is a babyÃ¢â¬â¢s face. Attachment is the innate behavioural system in babies; caregiving is the response in adults. Both provide protection and thereby enhance survival.The formation of attachments depends on the interaction of these systems. Attachment is important for protection, and thus acts as a secure base from which a child can explore the world and a safe haven to return to when threatened. Thus attachment fosters independence. Bowlby also believed that infants form a number of attachments but one of these has special impor tance. The bias towards on individual, the primary attachment, is called monotropy. Infants also have other secondary attachment figures that form a hierarchy of attachments.The one special attachment is most usually an infantÃ¢â¬â¢s mother. Bowlby believe that sensitive responsiveness was the key Ã¢â¬â an infant become most strongly attached to the person who responds most sensitively to the infantÃ¢â¬â¢s social releasers (the Ã¢â¬ËsensitivityÃ¢â¬â¢ hypothesis). This person become the infants primary attachment figure, providing the main foundation for emotional development, self-esteem and later relationships with peers, lovers and oneÃ¢â¬â¢s own children. Attachment starts as the relationship between a caregiver and infant.This relationship may be one of trust or of uncertainty and inconsistency, and creates expectations about what all relationships will be like. Gradually the infant develops a model about emotional relationships: Bowlby called this an internal worki ng model. This model is a cluster of concepts about relationships and what to expect from others Ã¢â¬â about whether relationships involve consistent or inconsistent love, whether others make you feel good or anxious, and so on. The internal working model means there is consistency between early emotional experiences and later relationships.This leads to the continuity hypothesis Ã¢â¬â the view that there is a link between the early attachment relationship and later emotional behaviour; individuals who are securely attached in infancy continue to be socially and emotionally competent, whereas insecurely attached children have more social and emotional difficulties late in childhood and adulthood. The research by Lorenz supports the view that imprinting is innate because the goslings imprinted on the first moving object they saw. A similar process is likely to have evolved in many species as a mechanism to protect young animals and enhance the likelihood of their survival.If at tachments fail to develop, the conclusion from research appears to be that once the sensitive period has passed it is difficult to form attachments. For example, Hodges and Tizard found that children who had formed no attachments had later difficulties with peers. If attachment did evolve, as Bowlby suggests, to provide an important biological function, then we would expect attachment and care giving behaviours to be universal i. e. found in all cultures. Tronick et al. (1992) studied an African tribe, the Efe, from Zaire, who live in extended family groups.The infants are looked after and even breastfed by different women but usually sleep with their own mother at night. Despite such differences in childrearing practices the infants, at six months, still showed one primary attachment. This supports the view that attachment and caregiving are universal and not influenced by different cultural practices. Many psychologists have criticised BowlbyÃ¢â¬â¢s ideas regarding montropy and argued that the babiesÃ¢â¬â¢ attachment to the first attachment figure is not necessarily special or unique.Schaffer and EmersonÃ¢â¬â¢s longitudinal study of 60 Glasgow babies found that multiple attachments seemed to be the norm for babies rather than the exception Ã¢â¬â at the age of 18 months 87% of babies had multiple attachments. Schaffer and Emerson also found that the strongest bond was not necessarily to the mother as Bowlby had implied. At 18 moths, only half of the samples were strongly attached to their mothers and about a third were strongly attached to their fathers.BowlbyÃ¢â¬â¢s ideas about the importance of attachments have produced substantial amount of research. Most evidence suggests that early attachment experiences can have an influenced on later adult relationships. However, it is important not to overestimate this influence and to consider other factors such as later life events, which influence adult relationships. BowlbyÃ¢â¬â¢s idea regarding monot ropy has been challenged and evidence supports the view that multiple attachments may be the rule rather than single and unique attachments.