Treating and Preventing Meningitis and Encephalitis Essay -- Biology M

Treating and Preventing Meningitis and Encephalitis The diseases, meningitis and encephalitis, cause various problems in the brain and should be avoided at all costs. Various preventative measures can be taken to avoid them. When one does contract one of the diseases, treatments are available to help cure them, but the treatments do not have a 100 percent success rate. Because of its viral and bacterial tendencies, antibiotics are used at times to attack the diseases as are various vaccines to help prevent contraction of the diseases. In the process of painting the famous Sistine Chapel, Leonardo Da Vinci accidentally uses the wrong color paint to paint Adam's finger. Should he wait until the paint is dry and can no longer fix the mess he made, leave it as a mistake, or take off the paint immediately and fix it? Of course taking care of the blemish as quickly as possible would be the best choice. Much like in this hypothetical scenario, one would want to treat a case of meningitis or encephalitis with the utmost urgency. The horrible effects of the diseases make them advisable to avoid and also advisable to treat promptly when contracted. Due to its tendency to be both a viral and bacterial disease, meningitis can prove difficult to treat. Its dual tendencies also mean that various methods are used to attack the disease. In order to treat meningitis, different aspects of the disease must be discovered first. The type of organism causing the infection, the age of the patient, and the extent of the infection must all be taken into account (WebMD, sec. 8). Any time meningitis is found, immediate treatment with antibiotics is required, and continuation of antibiotic treatment depends on whether a bacteria or a virus is causing th... ...edicine. 6 Oct. 2005. 27 July 2006 . â€Å"Encephalitis.† Kids Health. Jan. 2005. Nemours Foundation. 27 July 2006 . â€Å"Encephalitis.† WebMD. 15 Oct. 2004. 27 July 2006 . Hicks, Rob, Dr., and Trisha Macnair, Dr. â€Å"Meningitis.† BBC. Dec. 2005. 27 July 2006 . â€Å"Meningitis.† Emedicinehealth. 10 Aug. 2005. 27 July 2006 . â€Å"Meningitis.† WebMD. 28 Feb. 2005. 27 July 2006 . â€Å"Meningitis.† Wikipedia. 20 July 2006. 30 July 2006 . â€Å"Meningococcal Disease.† Centers for Disease Control and Prevention. 12 Oct. 2005. Department of Health and Human Services. 27 July 2006 . Treating and Preventing Meningitis and Encephalitis Essay -- Biology M Treating and Preventing Meningitis and Encephalitis The diseases, meningitis and encephalitis, cause various problems in the brain and should be avoided at all costs. Various preventative measures can be taken to avoid them. When one does contract one of the diseases, treatments are available to help cure them, but the treatments do not have a 100 percent success rate. Because of its viral and bacterial tendencies, antibiotics are used at times to attack the diseases as are various vaccines to help prevent contraction of the diseases. In the process of painting the famous Sistine Chapel, Leonardo Da Vinci accidentally uses the wrong color paint to paint Adam's finger. Should he wait until the paint is dry and can no longer fix the mess he made, leave it as a mistake, or take off the paint immediately and fix it? Of course taking care of the blemish as quickly as possible would be the best choice. Much like in this hypothetical scenario, one would want to treat a case of meningitis or encephalitis with the utmost urgency. The horrible effects of the diseases make them advisable to avoid and also advisable to treat promptly when contracted. Due to its tendency to be both a viral and bacterial disease, meningitis can prove difficult to treat. Its dual tendencies also mean that various methods are used to attack the disease. In order to treat meningitis, different aspects of the disease must be discovered first. The type of organism causing the infection, the age of the patient, and the extent of the infection must all be taken into account (WebMD, sec. 8). Any time meningitis is found, immediate treatment with antibiotics is required, and continuation of antibiotic treatment depends on whether a bacteria or a virus is causing th... ...edicine. 6 Oct. 2005. 27 July 2006 . â€Å"Encephalitis.† Kids Health. Jan. 2005. Nemours Foundation. 27 July 2006 . â€Å"Encephalitis.† WebMD. 15 Oct. 2004. 27 July 2006 . Hicks, Rob, Dr., and Trisha Macnair, Dr. â€Å"Meningitis.† BBC. Dec. 2005. 27 July 2006 . â€Å"Meningitis.† Emedicinehealth. 10 Aug. 2005. 27 July 2006 . â€Å"Meningitis.† WebMD. 28 Feb. 2005. 27 July 2006 . â€Å"Meningitis.† Wikipedia. 20 July 2006. 30 July 2006 . â€Å"Meningococcal Disease.† Centers for Disease Control and Prevention. 12 Oct. 2005. Department of Health and Human Services. 27 July 2006 .

A Review of Studio67 Restaurant Business Plan

All businesses need capital to invest. The capital may come from the pockets of the proprietors, or from lending institutions. Most businesses end up borrowing part of the capital in order to start up. The amount of loan depends on the size of the business.Lending institutions base the amount of loan and the interest of loan from the â€Å"feasibility study† of the business. If the projected return of investment has a positive and increasing figure in the next years, then it is likely that the business can get a loan with a lower interest. Thus, it is mandatory that any business submits credible, realistic, and well-researched feasibility studies of the business they are interested for the loan to get approved. (Do's and Don't of Writing a Business Plan).A Review of Studio67 Restaurant Business PlanStudio67 is a â€Å"medium-sized† restaurant in Portland, OR, that focuses mainly on serving ethnic dishes using purely organic ingredients. The business plan is brief and co ncise. The words used, too, are simple enough for any reader to understand.It gave organized parts of describing what the business is all about: the target market, its financial projection for three years, and its strategies. I can't say, however, it is a good business plan. There were a lot of parts lacking. There are questionable parts too. First, how did the business come up with the figures used in the financial projection? The figures must be based on real studies and where are they? The â€Å"Market Research† part then, is lacking. This is the part where studies from similar businesses went through.The SWOT (Strength, Weaknesses, Opportunities, Threats) analysis should be included too. What I see in the business plan presented were all good things of the business, but it doesn't project the threats ( in example: competitors, labor issues). (Do's and Don't of Writing a Business Plan). One questionable part here is the ownership. The statement â€Å"the restaurant will s tart out as a simple sole proprietorship, owned by its founders,† contradicts itself. (Studio67, 2.1).A sole proprietorship is owned by only â€Å"one person,† so who among the founders will be the name appearing as the sole proprietor? If all the founders own the business, then it should be called partnership. Next, the start up capital mentioned coming from the pockets of the owners is $40,000. (Studio67, 2.2). However, this contradicts 7.0 Financial Plan part of the proposal, where it said it expected to raise â€Å"$30,000.†The break-even analysis 7.1 was bleakly explained, even its chart is not what a break even chart looks like. This part should be omitted if it can't be explained right at all. This analysis should be given after all the other financial statements were presented. If I was the financier, I will reject this proposal due to lacking parts of the study. It didn't show the real market analysis to make it feasible enough.However, if the market res earch was given and the figures are credible, I can approve the $100,000 loan because the return will be realized in 3 years. The projection of sales for the first year, however, is huge, too huge to become credible for an exquisite restaurant like Studio67.I don't believe the figures projected to say it could sustainably develop the business for a long time; however, it can be possible to obtain, if the proposal comes up with better, more specific marketing strategies.ReferencesOrganic Restaurant Business Plan: Studio 67 Restaurant. 1996-2008. Palo Alto Software,Inc.Retrieved June 5, 2008.[http://www.bplans.com/Sample_Business_Plans/Restaurant_Cafe_And_Bakery_Business_Plans/Organic_Restaurant_Business_Plan/Executive_Summary_fc.cfm].Do's and Don’ts of Writing a Business Plan. Arkansas Small Business Development Center.Little Rock, Arkansas: University of Arkansas at Little Rock – College of Business Donald W. Reynolds Center for Business and Economic Development. Retri eved June 5, 2008. [http://asbdc.ualr.edu/business-information/1001-business-plan-writing.asp].  

Aboriginal Political Movement in Australia - 2511 Words

Question: Aboriginal and Torres Strait Island peoples have since colonization been politically active. Discuss drawing from readings and research about various forms of political engagement. Since the beginning of European colonization in 1788, Aboriginal people have experienced displacement, have been the targets of genocidal policies and practices, and have had families destroyed through the forcible removal of children. Decades of colonial exploitation and a prolonged systematic attempt to destroy Aboriginal people and culture have led to legislations and policies that are punitive and restrictive towards Aboriginal people. Such legislation reflects the dominant society’s perceptions of Aboriginal people and how they ought to be†¦show more content†¦Aboriginal people did not have access to amenities, such as cinemas, hotels, cafà ©s and swimming pools, and suffered prejudice and suspicion as well as verbal and sometimes physical abuse (**). In the town of Walgett they decided to picket the Walgett Returned Service League Club (RSL) as a protest against the treatment of Aboriginal people. The media covered the Walgett RSL protest. The central role of the film camera in this campaign demonstrated the growing sophistication of activists who recognized the need to show city dwellers what was happening in country towns. Also captured on tape was the vice-president of the RSL who said he would never allow an Aboriginal to become a member (Curthoys, 2011, 12). Such evidence was beamed into the living rooms of Australians with the evening news and exposed an endemic racism. This film footage shocked city viewers and added to the mounting pressure on the government. The legacy of the Freedom Ride political action was a greater awareness of Aboriginal issues in a rural context. Perkins and his fellow students had successfully stirred up debate and sparked discussion around Australia on the state of Aboriginal affairs. Awakening media interest in Aboriginal affairs was positioned in favor of the Black Australian cause, to the severe embarrassment of many white townspeople in rural New South Wales. In the ensuing public debate, urban public knowledge of racial discrimination grew, someShow MoreRelatedAboriginal Political Movement in Australia2518 Words   |  11 PagesQuestion: Aboriginal and Torres Strait Island peoples have since colonization been politically active. Discuss drawing from readings and research about various forms of political engagement. Since the beginning of European colonization in 1788, Aboriginal people have experienced displacement, have been the targets of genocidal policies and practices, and have had families destroyed through the forcible removal of children. Decades of colonial exploitation and a prolonged systematic attempt to destroyRead MoreThe Australian Aboriginal Rights Movement1201 Words   |  5 Pagesto protest for their rights. For example, civil rights movements were essential in supporting the Aboriginal People. The Australian Aboriginal Rights Movement aimed to gain full citizenship for Aboriginal peoples. This effort in Australia was one of the largest civil rights movements in the last one hundred years across the globe. These Australian Aborigines suffered from significant racial oppression and dispossession. The Aboriginal Movement was defined by student protestors such as Charles PerkinsRead More1967 referendum1035 Words   |  5 Pagesfinally addressing discrimination towards the Indigenous people and taking responsibility for Aboriginal affairs. However, some do not have the same representation of the results of the 1967 referendum because of the little improvement it has done for the Indigenous people. People have a negative representation of the 1967 referendum because there is still inequality between Aboriginals and non-Aboriginals. Henry Reynolds argues the significance due to the fact that, â€Å"It was highly significantRead MoreTraditional Aboriginal Art As A Communication Tool Throughout Australian Aboriginal History993 Words   |  4 PagesTraditional Aboriginal Art Art has been used as a communication tool throughout Australian aboriginal history. They were utilized to convey knowledge of ancestral pasts and tapping into the spiritual power of their beliefs. In a traditionally oriented Aboriginal society, art was also very valuable. It was placed under such high regards that producing them are being controlled and access to them are restricted to only people of certain status . The body of the artwork are also predetermined. ThusRead MoreNative Imperialism And Its Implications On Aboriginal Identity895 Words   |  4 Pagesthe first European settlers, Australia was once believed to be a terra nullius, an uninhabited â€Å"nothing land.† The European colonizers of Australia sought to make something of this land they believed they had discovered. Operating under this false notion, colonizers systematically invaded and conquered Australia, imposing their own ways onto the land and its original custodians, the Aboriginal people. The introdu ction of western settlements disrupted much of Aboriginal life. In a publication titledRead MoreThe Core Of Future Actions Toward Social Change1730 Words   |  7 Pagesthe core of future actions toward social change. The best strategies to achieve change are found by looking at key moments of change in the past and using them to guide exploration in a current context. This essay aims to explore movements for growing awareness of Aboriginal history, solidarity and depth of scholarship in the past to then answer the questions of what are the key areas for change today. By taking a critical look at history, I am to discuss the potential for change today, centered aroundRead MoreReligion Belief Systems in Australia Post 19451239 Words   |  5 PagesSystems in Australia post 1945 Question 1: Aboriginal religion is based on land. Land is the heart of Aboriginal Dreaming and provides the assurance needed for the continuation of rituals and ceremonies (king, 2010, p.213). The effect of Dispossession on Aboriginal spiritualities related to the separation from their land was enormous and overwhelmingly detrimental. The impact of British colonisation resulted in Australia being declared terra-nullius land belonging to no-one and Aboriginal peoplesRead MoreHistory Course Outline787 Words   |  4 PagesOutline There are four topics; * Australia in the Vietnam War Era * Changing Rights and Freedoms * People Power and Politics in the Post-war Period * Australia’s Social and Cultural History in the Post-War Period Australia in the Vietnam War Inquiry questions †¢ How did the Australian government respond to the threat of communism after WWII? †¢ Why did Australia become involved in the Vietnam War? †¢ How did various groups respond to AustraliaÂ’s involvement in the Vietnam War? Read MoreSamuel Wagan Watson Night Racing Essay1187 Words   |  5 PagesWatson, a self-identified aboriginal man of German and Irish descent. The narrators of the poems are frequently on or beside the road, and the bitumen itself becomes a metaphor for everything from addiction and memory to the search for love. The poem Night Racing is present in the second half of the anthology, in a section that deals primarily with race and issues surrounding racial tension. The car in which the narrator rides facilitates an attack on the colonisation of Australia by the â€Å"white man† inRead MoreIndigenous And Non Indigenous People1332 Words   |  6 PagesAs I was not born or raised in Australia, I had no idea about Indigenous Australian history before I came across this unit. The only idea I had is that Indigenous Australians receive ‘special treatment’ such as more welfare and ha ndouts from the government. Before I started this unit, I was expecting to learn Indigenous culture and traditions as I have been taught in my diploma unit before. However, in the very first lecture, Corrinne surprised me by being a white Indigenous people and the way she

The United States And The Native Americans Essay - 1594 Words

The United States and the Native Americans have a rich historical background. Though on the surface it is filled with hatred and injustice, there are a lot more complex interactions once thoroughly examined. The U.S, once a colony of the Europeans, eventually grew into the strong standing nation that it is today. Meanwhile the original inhabitants, the Native Americans, often received the aggression and oppression of this growing nation, but they weren’t the savages the U.S. claimed them to be. In fact, the Iroquois Confederacy was the main influence of the U.S Constitution. This paper will discuss the differences as well as the similarities, which are thought to be controversial, between these two historical documents. The difference between the two groups has been very apparent for the hundreds of years they cohabited. For the Native Americans everything about the American culture clashed greatly with their own beliefs and systems within their own community. An example would be how their community was mainly led by the idea of equality and a voice for everyone, no matter how young or old. According to Grinde’s analysis, â€Å"Iroquois political philosophy was transmitted through the social education of the young† and â€Å"power [was] equally distributed male and female, young and old [rather] than in European American society† (236). The Iroquois also placed a tremendous amount of importance in teaching the younger people about politics so they had enough education to be able toShow MoreRelatedNative Americans And The United States Essay1671 Words   |  7 Pagesand early Americans have pushed away Native Americans. Natives were not only thrown into an unknown land, but were also killed in large numbers while changing their culture trying to fit in. The United States was nothing but rude to these people who owned the land centuries before the first Englishman ever stepped foot in America. The United States destroyed these societies to shreds without ever really giving them a good chance to live among the Americans. I believe the United States should haveRead MoreThe United States And Native Americans Essay1300 Words   |  6 PagesThe history between Native Americans and Americans is harsh. Native Americans have been pushed off of their land by Americans and put into smaller reservations. The united states have enforced a number of treaties trying to better the relationship but it has oppressed Natives. Recently the united states were plaining to build an oil pipeline that would run through native land and the native Americans did not want the pipeline to be built. So this created more tension between the two. History ofRead MoreNative Americans And The United States1443 Words   |  6 PagesMany people think that the African-Americans are the most oppressed group of people ever in the United States. That may be true based on the quality of oppression, but not the length of this type of treatment. The Native Americans have been the most oppressed group of people ever in the United States, and even in the colonies that preceded the US. From the early 16th century until even today, the Native Americans were and are being oppressed in this country. The cause was because of colonizationRead MoreNative Americans And The United States873 Words   |  4 Pageshow they helped to shape what is now American history. To think that when settlers first came to the new land native americans made up one hundred percent of the population but now are roughly only one percent of the total population is very disappointing to see. This decline of population was due to many different factors such as, terri torial conflicts, war, disease, and being forced to re-settle. When resettling, the journey alone that the native American had to take caused a huge decrease inRead MoreNative Americans And The United States991 Words   |  4 PagesThe United States as we know it, since its beginning has been based on immigration. Native Americans traveled during the Ice Age through the Bering Strait and English settlers sailed the Atlantic. Due to unknown reasons, most of the Native societies except for the Aztecs collapse before the arrival of the Europeans, which gives shine to the English settlements since their attainment set the roots of our society today. More importantly, it should be recognized the diverse cultures of English settlersRead MoreNative Americans And The United States Essay2035 Words   |  9 Pagesexperience challenges that the average American is not subject to, but Native Americans, who live on reservations, experience a unique set of social hardships. Many of these hards hips are due to the fact that they live on reservations where resources and esteem are scarce, but in order to preserve cultural identity and sovereignty, many natives believe it is not only their right to live on reservations, but their duty. Likewise, it is a duty of the United States government to provide these people, whoRead MoreNative Americans in the United States and African Americans3048 Words   |  13 PagesDeculturalization and the Struggle for Equality examines the educational policies in the United States that have resulted in intentional patterns of oppression by Protestant, European Americans against racial and ethnic groups. The historical context of the European American oppressor is helpful in understanding how the dominant group has manipulated the minority groups. These minority groups include Americans who are Native, African, Latin/Hispanic, and Asian. Techniques for deculturalization were appliedRead MoreNative Americans in the United States and Squanto Ess ay790 Words   |  4 PagesSquanto Squanto is a Native American who lived in the early seventeenth century in what is now the Northeast United States. When the English came to this area of America to settle, they became very fond of Squanto and used him as a translator due to his unique knowledge of the English language acquired through an earlier voyage to Europe. Squanto helped the Pilgrims adapt to their new surroundings by providing them with the knowledge that he and his ancestors used to survive when they firstRead MoreEssay Native American Relations with The United States4012 Words   |  17 PagesNative American Relations with The United States What were the significant treaties, policies, and events that defined US Government and Native American Relations? How did the Native American respond to these treaties, polices, and events historically? How did these treaties, policies, and events affect the subsistence, religion, political, and social structures of the Native American people? I will answer these questions through the examination of two centuries of US history in six timeRead MoreEssay on Native Americans vs the United States of America1956 Words   |  8 PagesTimes were very hard for Native Americans during the mid to late 1800s. The reasons for their afflictions could only be blamed upon the United States of America. For thousands of years, Native Americans had roamed around the Americas. There had also been many tribes spread across the West that fought between each other in order to have their land.1 It wasn’t until after reconstruction in the United States, that the white Americans started having ordeals with the Native Americans. The main tribes involved

Social Stratification Of A Modern Day Society - 1224 Words

The economy is the basis of the development of a modern-day society. Apart from being a social institution in its own way, it also forms the social superstructure such as educational, administrative, religious, and legal organization. The dynamics of the relationship of the economy and social stratification is described in various manners by classical theorists Marx, Durkheim, and Weber. While there are certain drawbacks of social inequality theories, the pioneer sociologists have adequately tried to describe the reasons and solutions for social stratification of society. The theorists have changed the knowledge on dynamics of economy and society by giving their different perspective on the topic. Marx considered the economy as the basis for determination of all social structures such as politics, religion, and ideology. He saw the dynamics of society originating in economic or productive activity, securing food, shelter, and all other necessities (Martin, 201). On the other hand, Durkheim considered the economy as a contributing factor that helps in the establishment of a society. Unlike Marx, he did not consider the economy to be a factor which is responsible for the social superstructure, but he believed it as one of the social facts like others. He deemed that practices, beliefs and tendencies of a group collectively constitute the social structure. According to the Marx the bourgeois society is the pioneer of class resentment. He saw the division of society into twoShow MoreRelatedRelevance of Social Stratification1272 Words   |  6 PagesSocia l stratification is defined as the division of a society into a number of hierarchically arranged strata. Strata are the levels or classes in society which are layered in a structured hierarchy with the least privileged at the bottom and most privileged at the top. (Giddens, 1977) A society, or human society, is a group of people related to each other through persistent relations, or a large social grouping sharing the same geographical or virtual territory, subject to the same political authorityRead MoreSocial Class Is Not As Important As It Once1042 Words   |  5 Pagescould be argued that social class is not as important as it once was. Social class is a distribution of a civilisation on the basis of the economy or social status (Oxforddictionaries.com, 2015). Evidence supporting this idea can be found when examining traditional cultural aspects like stratifications. Stratification refers to an organisation by which a society ranks people into a hierarchy. Major forms of stratification include; Slavery, Caste and Estates. In today s society most of the extremeRead MoreSocial Stratification, Inequality and Slavery Essay976 Words   |  4 PagesBackground: Social stratification is the structured ranking of entire groups of people that perpetuates unequal economic rewards and powers in a society it includes slavery, castes, the estate system, and social classes. Social stratification can been seen necessary through a functionalist eyes due to the fact that it motivates people to accept all jobs required for the society to survive. Conflict theorists see stratification as a major source of societal tension and conflict, different social levelsRead MoreContemporary Theory: Stratification Essay examples1245 Words   |  5 PagesA major concern of modern-day theory would be the impacts of stratification within society. Social stratification is defined as the â€Å"hierarchical or vertical division of society according to rank, caste, or class† (Dictionary.com 2014). Social stratification can be operationally defined â€Å"as the systematically unequal distribution of power, wealth, and status (Bowles 2013; Kerbo 2000). Stratificati on sets up that all known societies past and present â€Å"distribute its scarce and demanded goods and servicesRead MoreA Comparison of Marx and Durkheim1217 Words   |  5 Pagesthe Structure of Modern Society Introductory Essay: Marx and Durkheim There was once a time when the societies of the world were nothing more than a ruling class and a class that was ruled. In these feudal societies classes were set. There was little chance for a member of the ruling bourgeoisie class to cross over to the oppressed proletariat class or from the proletariat class to the bourgeoisie class. Every individual within each class had the routine for each day set out for him orRead MoreDurkheims Theories to Gender and Work1072 Words   |  4 Pagesritual so the two do play off one another. Organic and mechanical solidarity are two theories that were also easy for me to apply. When I was reading the gender and work preview, I noticed it was like a time line, in which the women were experiencing social and relationship change. It was obvious to me, the women were experiencing mechanical solidarity that transformed into organic solidarity as the â€Å"time line† went on due. A theory that was harder to apply was morality. It did not come natural toRead MoreSociology, Social Closure Essay (Higher)1585 Words   |  7 PagesAnalyse the extent to which social closure exists in UK society. Use two contrasting theories and relevant studies in your answer. INTRO Social stratification is the way in which society is stratified or made up of layers of social groups in a hierarchical way. Class stratification is a form of social stratification, which tends to split separate classes, whose members have contrasting access to resources and power. In Britain, society is structured in terms of inequality. Different classes tendRead MoreSocial Stratification1747 Words   |  7 Pagesaddress what social stratification is, and why sociologists consider it crucial to our understanding of today’s society. In addition it will also be discussing the three dimensions of social stratification and how we think its changed since the 1970s and 80s to today, and which theory we think best explains this change. Along with how the inequality of valued resources impacts America as a whole, and how the recent financial meltdown has made stratification worse in America. Stratification can be definedRead MoreSocial Class As A Society Based On Social And Economic Status992 Words   |  4 PagesThis essay will explore the notion of social class and whether it is still relevant within today’s society. The Oxford Dictionary defines social class as ‘a division of a society based on social and economic status’ and is measurable in terms of stratification and inequality. Stratification suggests people are ranked hierarchically according to their attributes such as income, wealth, power, age, gender and status, whereas, inequality explains the difference between people in terms of their abilitiesRead MoreLiterary Analysis Of August Strindberg s Play Miss Julie1706 Words   |  7 Pageseconomist, philosopher, and promenade socialist, Karl Marx and another from author, actor, and theatrical theorist, Jeremy Rockwood. The first quote comes to us from Marx s Manifesto of the Communist Party, â€Å"The history of all hitherto existing soci ety is the history of class struggles,† (Lermert 43). The second from Rockwood’s book The Craftsmen of Dionysus: An Approach to Acting, â€Å"An exact duplication of real life is not the purpose of the theatre—nor of any art. In order to present his special

Tort of Negligence and Misrepresentation for Sale and Supply

Question: Discuss about theTort of Negligence and Misrepresentation for Sale and Supply. Answer: Introduction In the legal parlance, a negligent act or a presentation of an untrue statement calls for a wrong doing. Thereby the two references i.e. the tort of negligence and misrepresentation; both are legal wrongs in the eyes of law. The first one is construed to be wrong in the eyes of law which is said to be suffered by a person at the hands of another person who does not succeed to take adequate care so as to ensure avoidance of what a logical individual would consider it to be with regards as a foreseeable risk. In most of the situations wherein a tort of negligence is witnessed, there would be seen a contractual linkage between the parties involved such as that of a doctor and patient and employee, bank and customer. However until recently it was compulsory of existence of such a relationship to be there so as to claim for negligence to succeed. But with the advent of the civil law with regards negligence, there has been certain situations that crop up between two parties which may be ev en if there does not exist any contractual relationship for claiming the existence of negligent act (Owen, 2007). Thus the test required to be conducted to prove that a tort of negligence has occurred is that the loss should be a realistically anticipated outcome of the defendants manner wherein a close relationship should exist and the fact that a liability is being imposed should be fair enough. Secondly, misrepresentation is also a sort of tort or civil wrong which simply connotes that misrepresentation can lead to creation of a civil liability if the final result is a financial loss. Such as if a real estate agent owns a land which is uncultivable but advertises it as fit for cultivation then it is said to be misrepresentation of facts which may cause financial loss for the person who would buy or rent the property. But the fact that misrepresentation exists, the listener must act basis the facts stated by the real estate else it would not attract any kind of legal action. Further the person who is buying the property basis the facts represented should be sensible and justifiable as well leading to a financial loss to the buyer(Consumer Affairs Victoria, 2016). Thus it can be said that the former does not necessarily lead to a financial loss but the latter has to lead to a financial loss. Application Of Tort Of Negligence And Misrepresentation To A Business Situation Both these torts are evident in various business situations from time to time. For example in a retail outlet it is very important to take care of the non-occurrence of these two torts. First and foremost adequate care and maintenance is required to ensure that the retail stores do not lead to any such negligent act. The retail stores try to provide maximum safety to the shoppers but since the footfalls are so high there can be situations which may lead to occurrence of certain events. Most of the accidents happen due to carelessness. As per law the customers are invitees who may not spend money in the store but since they are there inside the store premises thereby they have the right to be protected in the eyes of law. A duty of care means that these stores should make all efforts each time to ensure that a decent level of care is being extended to the customers. The tort of negligence is said to have existed where situations such as existence of a hazardous situation led to injuri es, the retail was well aware of the hazards and also did not succeed to take care of the same (Calisi, 2015). The person who has suffered an injury was not responsible in any way for the same and the perilous situation was such that it was an unswerving and adjacent reason for the harm caused. Last but not the least; the injury should be real which lead to damages. Such as the case of Anns v Merton London Borough Council (1978) AC 728 a two stage test was used to ascertain if there was a enough affiliation of nearness base upon foreseeability and if there existed any causes for the negligence of the duty of care (Osborne, 2016). Further the safety of the services and goods supplied by the retailers are covered under the Misrepresentation Act which helps to protect the consumers from being cheated through any kind of fraudulent statements. In general misrepresentation can be taken care of by nullifying or cancelling the contract. In some situations, the plaintiff can claim for the damages as well. With regards the services and goods supplied, misrepresentation of the facts is said to occur if the goods supplied does not match with the descriptions given by the retailer or the services are not up to the mark as it was deemed to be or portrayed to be (Out-law.com, 2016). Thereby, in such situations it is very important for the retail shops to ensure that adequate measures are being taken from time to time to ensure that the tort of negligence and misrepresentation does not happen as it even hampers the goodwill of the store. Care should be taken while advising the visiting customers and even the various other members of the public. If the floor is slippery, then adequate sign boards should be mentioned, if the floor is wet or being cleaned then also a caution board mentioning the wet floor ahead information should be displayed. They should keep on checking from time to time that the expired goods are being removed from the stores since buying of expired products is due to the fact that the same is kept in the product line available for sale thus leading to misrepresentation and also tort of negligence to some extent. Buying of such products can cause harm to the health of the consumers of those products. Further selling of a product which guarantees an after sales service, wherein in actual scenario the same is unavailable, this leads to misrepresentation of facts as the customer would have bought the product thinking about the same. Losses can be suffered in various ways such as due to lack of adequate care or may also be because of stating statements which are misleading in nature. In both the situations, the business is to suffer various consequences if the client has suffered any kind of a loss. The business will have to suffer with regards its goodwill and reputation to such an extent that it may even loose some of its very dear clients as well which may have a financial implication on their business also. The consequences for the business in the situation where a client has suffered an injury and loss is that he or she can demand for compensation for the various losses which has occurred due to the said act. As in the case of BSKyB v EDS also the EDS had misrepresented facts due to which BSKyB had entered into a contract and hence EDS had to pay for the damages. But for claiming compensation the suffered party will have to prove that the cause of loss is inappropriate and fraudulent misrepresentation from t he other party from whom damages are being claimed (Barnes, 2010). The business however has various defences available too for against the claims made by the injured. Four negligence elements are available which may help a business safeguard itself against the negligence claim by the party who has suffered a loss. The possible ones are demanding the status of the plaintiff and the related duty of care, conforming that the business has performed its actions as per the standard of care, attacking the casual link between act or omission and harm or injury and probing as to what kind of loss has been suffered by the plaintiff and what is the contribution of the defendant in the loss suffered (Inc.com, 1999). There has been various instances wherein the business has been found to be liable for the tortuous act of it. As in the case of Byrne v Boadle (1863), Byrne was walking down the street when a barrel full of flour fell on him out from the window of Boadle. Thus it clear tat the defendant had not acted carefully as the flour barrel should not have been kept at a places from where it could fall and cause injury to an outsider. The flour shops tort of negligence caused injury to the plaintiff leaving the defendant in a loss situation wherein he had to compensate for the damage caused (Business Companion, 2017). Role Of Statutory Or Public Authorities In Protecting The Interests Of The People Residing In Australia The Australian law is derived from the English common law. The statutory law has made various changes since then and presently the parliaments of Australia has made various alterations with the Civil Liability Acts. As per the statute, various laws protecting the interest of the people have been pronounced. In Australia, intrude to the individual is reliant on the sincerity of the act intervening with the plaintiffs autonomy. As per the statute in Australia, the wrong doer does not necessarily have to have an intent behind such trespass. Secondly, if any action is direct but not intentional in nature, then in such a case the plaintiff in Australia can take an action basis tort of negligence. With regards negligence, the Australian common law has post 2002, laid down various criteria to determine whether a duty of care has been breached or not (Law Vision Pty. Ltd. 2008). Thus the main role of the statutory authority in protection of the interest of the people residing in Australia ir respective of being a citizen or not is that it ensures to prove whether a tort has occurred or not before deciding upon the case and both the parties are given equal chances to prove their respective points. Various Torts Applicable To The Actions Of A Business Apart From Tort Of Negligence And Misrepresentation While most of the torts are responsible for the loss or damage to the body of another person, business loss leads to damage being caused to the other businesses. The loss may be such as loss to various opportunities to the businesses, loss to relations and also goodwill. Apart from those already discussed, business torts also comprise of two more types i.e. wrongful intervention wherein a business purposely and incorrectly, intervenes with the lawful business desires of another business such as intervening into various contracts. The second one is unfair competition wherein the business tries to advertise its products in such a manner which would confuse the consumers as it would be very much similar to the competitors product. This is very similar to misrepresentation. Thus nowadays the business houses in lieu to beat the competition have started to take such fraudulent and unacceptable steps that it is becoming very difficult to survive (The Babcock Law Firm LLC, 2017). Application Of Tortious Principles As May Apply To The Business World The issue with the businesses today is lack of ethics. Globalisation and competition has led to the deterioration of the ethics within those who conduct businesses as well as professionals. As is understood from above, the business houses should be extra careful while conducting their businesses. They should not portray something that is incorrect just to make profits as it is short lived in nature which causes harm to the adjoining business, the competitors as well as the customers. Conducting business and competing with the competitors in a healthy manner is what the principle of tort states. It does not stop a business to try to move ahead of the competition but it definitely demands that the business should adopt a route which is healthy and not faulty in nature. The businesses should ensure that instead of paying compensations for the damages being caused due to the acts of tort undertaken by them should be minimised as much as possible. Principles of tort which apply to the businesses are the culture of compensation, protection of the human rights which includes the customers as well as employees and the general public also. Any kind of financial loss or an act which may cause risk to the lives of the people should be avoided (Elearn.uni-sofia.bg, 2011). The acts should not cause harm to the animals as well. Thereby these are some of the very stringent principles of tort which are compulsorily applicable in the business world. Conclusion Thus on a concluding note it is understood that the business houses are the ones who are most responsible for such negligence and misrepresentations only to satisfy their profit motives. Tort of negligence and misrepresentations cause the maximum loss to the plaintiff and thereby the business houses should ensure to exercise their duty of care perfectly and also not portray facts which are false and misleading in nature. The Australian law is stringent enough to take remedial actions against such acts irrespective of the business house being very a big name. References: Barnes, R., (2010), UK: The Consequences of making a misrepresentation, Available at https://www.mondaq.com/uk/x/102458/trials+appeals+compensation/The+Consequences+of+Making+a+Misrepresentation (Accessed 19th September 2017) Business Companion, (2017), The sale and supply of goods, Available at https://www.businesscompanion.info/en/quick-guides/goods/the-sale-and-supply-of-goods (Accessed 19th September 2017) Calisi,A.P., (2015), Injuries Due to Retail Store Negligence, Available at https://www.injuryclaimcoach.com/retail-store-negligence.html (Accessed 19th September 2017) Consumer Affairs Victoria, (2016), False or misleading representations, Available at https://www.consumer.vic.gov.au/products-and-services/business-practices/advertising-and-promotions/false-or-misleading-representations (Accessed 19th September 2017) Elearn.uni-sofia.bg, (2011), General Principles of tort law, Available at https://elearn.uni-sofia.bg/pluginfile.php/100711/mod_resource/content/1/understanding_torts.pdf (Accessed 19th September 2017) Inc.com., (1999), What is Negligence and How do I Defend against a Negligence Claim? Available at https://www.inc.com/articles/1999/11/15373.html (Accessed 19th September 2017) Law Vision Pty. Ltd. (2008), The Law of Torts, Available at https://www.lawvision.com.au/uploads/PDFs/Tort%20Law%20.pdf (Accessed 19th September 2017) Out-Law.com, (2016), Product Liability for Negligence. Available at https://www.out-law.com/topics/commercial/supply-of-goods-and-services/product-liability-for-negligence/ (Accessed 19th September 2017) Osborne,S., (2016), The Tort of Negligence, Available at https://www.accaglobal.com/an/en/student/exam-support-resources/fundamentals-exams-study-resources/f4/technical-articles/tort-negligence.html (Accessed 19th September 2017) Owen, D.G., (2007), The Five Elements of Negligence, Available at https://law.hofstra.edu/pdf/academics/journals/lawreview/lrv_issues_v35n04_bb1_owen_35_4_final.pdf (Accessed 19th September 2017) The Babcock Law Firm LLC, (2017), The 3 Different Types of Tort Law, Available at https://www.injurylawcolorado.com/legal-library/tort-law-types.html (Accessed 19th September 2017)

The Role Of Fate In Oedipus The free essay sample

King Essay, Research Paper Audrey Fish The Role of Fate in # 8220 ; Oedipus the King # 8221 ; Is Oedipus a victim of the Gods, their prognostications, and fate, or his ain fatal defects? I am under the feeling that Sophocles wrote the drama to underline the inutility of seeking to avoid one # 8217 ; s destiny. He implies that we need to turn to the Gods because we can non see the whole image. Or instead, we are non willing to see the truth. He insinuates throughout the drama that people should turn their trust back to spiritual fundamentalism. I read this on the Internet. I believe it is said so appropriately: In the Middle Ages, calamity was associated with the ruin of high people through the inevitable turning of Fortune # 8217 ; s wheel ; their autumn exemplifies the incompatibility of Fortune and the foolishness of puting trust in worldly goods instead than God # 8217 ; s will. hypertext transfer protocol: //www. We will write a custom essay sample on The Role Of Fate In Oedipus The or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page maclab.uvic.ca/writersguide/Pages/LTTragedy.html The Gods are penalizing Oedipus ; it seems, because he tries to get away his destiny. Oedipus is most decidedly more directed towards destiny than anything else. After all, the prognostications of the prophet did come true and the destiny of Oedipus was outlined even before he was born. The Greeks believed in destiny and running off from destiny is a large no-no. The townsfolk ( chorus ) stated: Destiny steer me ever, Destiny find me filled with fear pure in word and title. Great Torahs tower above us, reared on high born for the superb vault of Eden. The great Torahs signify a great concatenation of bid, if you will. Oedipus has upset that great concatenation of bid by his blatant effort to withstand his destiny. Oedipus tungsten as more of a victim of destiny instead so a participator. After the flood tide in which Oedipus learned of his workss, he exclaimed that he was â€Å"dammed from birth† . This is besides apparent when he says: Wasn # 8217 ; t I born for torture? Else I # 8217 ; m doomed to match with my female parent and cut my father down Wouldn # 8217 ; t a adult male of judgment say- and wouldn # 8217 ; t he be right- some barbarian power has brought this down upon my caput? Here Oedipus is faulting the Gods for his bad lucks. So far, he believes that there is no free will and that the Gods control life # 8217 ; s results. Then Jocasta leads him to believe that there is no significance to these prognostications: What should a adult male fright? It # 8217 ; s all opportunity, opportunity regulations our lives. Not a adult male on Earth can see a twenty-four hours in front, fumbling through he dark. Better to populate at random, best we can Take such things for shadows, nil at all- Live, Oedipus, as if there # 8217 ; s no tomorrow! Jocasta does non believe the prognostications at first because the destiny of her hubby purportedly neer came true. She is seeking to convert Oedipus that, # 8220 ; No accomplishment in the universe, nil human can perforate the future. # 8221 ; He does non believe her. Oedipus: # 8220 ; I count myself the boy of Chance the Moons have marked me out. # 8221 ; So it seems that Oedipus had no pick in his destiny. He was a pawn for the Gods to dally with. I think that the all mighty Gods knew all along precisely what was traveling to go on and how. Then they let the right people see at the right clip to seek to prove Oedipus. Just as the celebrated line said by Puck, # 8220 ; What fools these persons be. # 8221 ; This is besides what I think Sophocles is seeking to demo us in this drama ; persons are saps and can non be trusted without some sort of godly way.