Analysis of the Declaration of Independence Essays

Investigation of the Declaration of Independence Essays Investigation of the Declaration of Independence Paper Investigation of the Declaration of Independence Paper In his article Politics and the English Language, George Orwell sets out explicit and general gauges for composed English. These incorporate maintaining a strategic distance from phrases, illustrations, comparisons, long words, and remote words (Orwell). Be that as it may, there are significantly progressively inflexible gauges for political composition. As indicated by Orwell, the ambiguity and ineptitude he represents with five unique sections are particularly predominant in political composition. Lamentably, they show up in the Declaration of Independence too. Subsequently, the Declaration of Independence is a helpless example as indicated by Orwells principles. The ambiguity is anything but difficult to spot from the earliest starting point of the Declaration: When in the Course of human occasions, it gets essential for one individuals to break down the political groups which have associated them with another, and to expect among the forces of the earth, the different and equivalent station to which the Laws of Nature and of Natures God entitle them, a not too bad regard to the assessments of humankind necessitates that they ought to pronounce the causes which affect them to the partition (Declaration of Independence). As Orwell states in regards to other political composition, there is an extraordinary absence of exactness in this entry (Orwell). The expressions over the span of human occasions and among the forces of the earth are long and superfluous. They don't add to the importance of the section, and they make it hard to peruse and follow. What's more, the expression and of Natures God appears to be excess, since the earlier expression is the laws of Nature. Rather, the section should peruse: When it gets important for one individuals to break down the political groups which have associated them with another, and to expect the different and equivalent station to which the Laws of Nature entitle them, a nice regard to the assessments of humankind requires that â€Å"Analysis of the Declaration of Independence† â€Å"Page # 02† they ought to pronounce the causes which induce them to the partition. Another uncertain section is this one: Prudence, in reality, will direct that Governments since quite a while ago settled ought not be changed for light and transient causes; and in like manner all experience hath shewn, that humanity are increasingly arranged to endure, while wrongs are bearable, than to right themselves by abrogating the structures to which they are acclimated (Declaration of Independence). This entry isn't obscure. Or maybe, it essentially contains comma-isolated expressions that could be written in a superior manner, as in: Prudence, in fact, will direct that Governments since a long time ago settled ought not be changed for light and transient causes. What's more, as needs be all experience hath shewn that humankind are more arranged to endure than to right themselves by abrogating the structures to which they are acclimated. In his exposition Orwell cautions against utilizing phrases comprised of things, action words, and modifiers where a basic activity action word will do (Orwell). The accompanying model delineates this idea: He has compelled our kindred Citizens abducted on the high Seas to carry weapons against their Country, to turn into the killers of their companions and Brethren, or to fall themselves by their Hands (Declaration of Independence). The expressions that can be supplanted by more straightforward action words are: obliged, abducted, to turn into the killers of their companions and Brethren, and to fall themselves by their hands. This section could be re-written in the accompanying manner, remembering Orwells norms: He has constrained our kindred Citizens caught on the high Seas to remain battle ready against â€Å"Analysis of the Declaration of Independence† â€Å"Page # 03† their Country, to execute their companions and Brethren, or to fall (or die) by their Hands. ( In the section above is likewise a case of utilizing the latent voice pointlessly, which is another no-no as per Orwell. The expression is: by their hands. These words make it hard to tell who is slaughtering whom. Subsequently, it is smarter to preclude the expression totally and rather compose: companions and Brethren, or to fall (or die) themselves. That anybody would censure the notable explanation from the Declaration of Independence, all men are made equivalent, may appear to be weird. Be that as it may, as per Orwells gauges, there is in fact cause for scrutinizing the word equivalent. Equivalent is one of the words Orwell depicts as having various and variable implications and is likewise one that is frequently utilized unscrupulously (Orwell). In this way, what the 13 states implied and what the ruler of England saw were two distinct things. For instance, since ladies couldnt vote until 1920, the states didn't imply that all humankind is made equivalent. They without a doubt implied that every male individuals are made equivalent. In any case, the ruler didn't know precisely what they implied, in light of the fact that the states holed up behind the vainglorious word equivalent. Orwell says political composing isn't new and doesn't contain striking discourse. That is, there is no symbolism; there are no colloquialisms. Rather, political essayists utilize long words where shorter ones would get the job done, and these words cloud the journalists significance, making it indistinct (Orwell). As a last model, read the accompanying entry from the Declaration of Independence: - That to make sure about these rights, Governments are initiated among Men, getting their equitable forces from the assent of the administered, That at whatever point any Form of Government â€Å"Analysis of the Declaration of Independence† â€Å"Page # 04† gets dangerous of these closures, it is the Right of the People to adjust or to nullify it, and to initiate new Government, establishing its framework on such standards and sorting out its forces in such structure, as to them will appear to be destined to impact their Safety and Happiness (Declaration of Independence). Long, loose words utilized in this entry include: founded, cancel, and damaging. Other than neglecting to express an unmistakable importance, these words make more syllables and less rationality, making the entry hard to peruse, talk, and understand. This is another case wherein, Orwell says, the significance of the section is not really even known to its essayist (Orwell). All in all, Orwells guidelines are clear about what makes great composition. Distinctive symbolism, exactness, short words, ordinary discourse, and absence of outside words are a couple of focuses. The Declaration of Independence defies all of Orwells guidelines, without saying anything new or enduring. It is not necessarily the case that the Declaration of Independence isn't a significant bit of composing or that it has no recorded worth. That is a long way from the conversation here. What Orwells norms demonstrate is just that the Declaration of Independence contains dubious, uncouth, and uncertain composition. â€Å"Analysis of the Declaration of Independence† Sources Announcement of Independence. Indiana Law. Indiana University School of Law-Bloomington. law. indiana. edu/uslawdocs/announcement. html (Dec 4 2006) Orwell, George. Legislative issues and the English Language. 1946. www.mtholyoke.edu/acad/intrel/orwell46.htm (Dec 4 2006).

Napoleon Essays (3142 words) - French Emperors, House Of Bonaparte

Napoleon This exposition will represent why Napoleon Bonaparte is viewed as one of the best military brains throughout the entire existence of humankind. It will show the life of Napoleon from when he was a little fellow, till he passed on in 1821. It will show how he misdirected the French into giving him force, and how he utilized this force for his own advantages. It will likewise uncover how he nearly murdered of a whole age of French individuals, and indeed demonstrate that every single beneficial thing must reach a conclusion. Napoleon Bonaparte was conceived on August 15, 1769 in Ajaccio on the island of Corsica. This was just a couple of months after France had attached the island. He had 7 siblings and sisters, and his dad was a legal advisor whose family originated from the Florentine respectability. His unique nationality was Cursican-Italian. In 1779 Napoleon went to class at Brienne in France. There he took an extraordinary enthusiasm for history, particularly in the lives of incredible antiquated officers. Napoleon was frequently gravely treated at Brienne in light of the fact that he was not as well off as his individual cohorts, and extremely short. He additionally didn't communicate in French well, since Italian was spoken on Corsica where he grew up. He concentrated hard with the goal that he could improve then the individuals who reprimanded him. Napoleon went to the Ecole Military School in Paris in 1784 in the wake of getting a grant. This is were he gotten his military preparing. He concentrated to be a cannons man and an official. Napoleon completed his preparation and joined the French armed force when he was 16 years of age. He was delegated to a cannons regiment , and charged as a lieutenant. By and by he was not popular with his individual officials since he was short, talked with an Italian pronunciation, and had minimal expenditure. Napoleon invested little energy with his regiment. He was progressively worried about attempting to free his country of Corsica, witch had been taken with power by France. Not long after being appointed his dad kicked the bucket, and he had to accommodate his family. Napoleon went through the following seven years perusing crafted by the logicians, and instructing himself in military issues by considering the crusades of the incredible military pioneers of the past. The French Revolution and the European war that followed widened his sights and gave him new chances. Napoleon was a supporter of the French Revolution . He went to and fro among Paris and Ajaccio, working for the Republic. Napoleon rose rapidly through the positions and turned into a chief in 1792. In 1793, Corsica rebelled against the Republic, and Napoleon's family needed to Flee to France. The Republic was in harm's way. France was at war with Austria, Prussia, England, Holland, and Spain. There was a revolt in western France, and there was an incredible requirement for good officials. At 25 years old, just a single year in the wake of turning out to be commander, Napoleon performed so well that he was elevated to the position of Brigadier General. He was provided order of the mounted guns at Toulon, and in December of that equivalent year, the French constrained the English out of Toulon. The president composed: I Have no words to depict the value of Bonaparte. Much science, as much knowledge, and a lot of courage. (pg.7 Britannica Junior Encyclopedia #11 N-O). In August of 1794 Napoleon was captured on the grounds that he had been a supporter of Maximilien Rosbespierre. He was blamed for injustice. Despite the fact that he was discharged his vocation appeared to be finished. At that point in October of 1795, the administration was undermined with a revolt in Paris. Paul Barras, authority of the home powers, selected Napoleon to protect the capital. With astounding quickness Napoleon massed men and gunnery at significant places in Paris The assault of 30,000 national watchmen was driven back by his men. Around 200 men were slaughtered on each side, yet he had spared France from common war. (pg.7 Britannica Junior Encyclopedia #11 N-O). Napoleon spared the national show from the Parisian crowd and after one year at 26 years old, was compensated with the situation of president of the inside French armed force in Italy. At the point when Napoleon acknowledged the situation as the authority of

Marketing Discussion Essay Example for Free

Showcasing Discussion Essay From the situation, propose two (2) strategies that Golds Reling, Inc. could use so as to viably quantify consumer loyalty for the new item dispatch. Pick the best strategy, and recommend one (1) process that the association could follow so as to execute your picked technique. Legitimize your reaction. Transfer a short (one to two [1-2] minute) video utilizing Kaltura to share your thoughts. You may utilize an iPad, cellphone, PC, work area, or conventional video recorder to record your conversation reaction. You may install your video or remember the connection for the conversation board. Note: Your video must be proficient and of scholastic quality. Limits and Loyalty Programs are ideal approaches to keep clients fulfilled and keen on new items. A markdown relying upon the size of the rebate can catch the eye of new clients and keep on alluring existing clients. Limits are extraordinary on the grounds that the client and the business are getting consideration. The client is getting another item for a small amount of its unique expense and the business is getting verbal promoting from customers who feel the item is extraordinary. Not exclusively is the item incredible yet it looks much better with a rebate. Since numerous senior residents are turning out to be educated and buying PCs increasingly a markdown explicitly intended for seniors will profit the senior network. Another gathering will profit by the markdown and the gathering is called understudies. Understudies and understudy guardians burn through a great many dollars every year on PCs the adornments. Dependability Programs do some amazing things since it connects with clients to shop on the company’s site all the more regularly. Steadfastness Programs additionally offer clients motivating forces, for example, updating lodgings redesigning flights free flights and markdown tickets for places like event congregations for youngsters. Steadfastness Programs function admirably for a business in the feeling of compelling individuals to surf the company’s site all the more regularly. On the off chance that you can get the client on the site all the more regularly it is an extraordinary chance shoppers will spend more. Limits are anything but difficult to do and the markdown can be offered as a coupon with two forms cut (paper) and non cut (download the coupon to an advanced mobile phone). Clients will cherish the reality of examining a telephone or cutting a coupon from the week by week roundabout and accepting an incredible markdown on another PC. Envision that you have been entrusted with making an application for Apple’s iTunes store. Decide two (2) inquire about apparatuses (studies center gatherings, idea testing, and so forth.) you will use to recognize customers’ needs.

Business Essays - International Market Sales - Free Essay Example

International Market Sales 1. Introduction Toyota is the automotive company with the biggest market share of the industry and over the course of the last decade has almost doubled it Sales. Growth in Japan has only accounted for 27% of this achievement, highlighting the importance internationalisation has had for Toyotaà ¢Ã¢â€š ¬Ã¢â€ž ¢s ambition to become the worldà ¢Ã¢â€š ¬Ã¢â€ž ¢s number one automobile producer. Figure 1: Global Market Share (Source: Datamonitor 2008) The Automobiles Industry is one of the few truly global industries as demand is spread around the world, and the big car companies all compete in all markets. Currently NAM still accounts for the biggest market, closely followed by Europe. However Asia-Pacific is the fastest growing market and is likely that over the next couple of years the market shares per regions will converge. Figure 2: Market share by region (Source: Datamonitor 2008) This report will look at understanding the key drivers for internationalisation as well as local differentiation from the perspective of manufacturing and supply chain. In 2007, exactly 50% (all figures are based on Toyota Databook 2008 figures replicated in Appendix 1: Production and Sales by region) of production took place outside Japan, compared to 32% in 1998. This was achieved during a period of intense growth and translates into an expansion of 293% in overseas production capacities, compared to an increase of 134% in production capacity in Japan. Figure 3: Share of Overseas Production as % of total Production The fact that Toyota has internationalised its capacities should not cloud the fact that there is still significant production in Japan for external markets 62% of all cars produced in Japan 2007 were exported. The key export market is NAM, which like most regions shows a production deficit compared to its Sales. The only region where sales equal production is Asia (excluding Japan), all other regions are net importers. Figure 4: Consolidated Vehicle Sales and Production (Source: Toyota Annual Report 2008) To quantify the level of internationalisation a company has achieved, the calculation of a à ¢Ã¢â€š ¬Ã…“Transnationality indexà ¢Ã¢â€š ¬Ã‚  is used as a measure. It is computed as an average of three ratios. Foreign assets as proportion of total assets Foreign Sales as proportion of total sales Foreign Employees as proportion of total employees: Figure 5 shows the transnationality index for Toyota and its two biggest rivals. The data shows that Toyota is now the most internationalised of these three, and has overtaken Ford who ten years ago was ahead with regards to transnationalization. The comparison also shows the discrepancy between foreign assets, which it leads, and foreign employees, where it scores significantly lower than its competitors. This could indicate a less labour intensive and more effective production as well as a more centralized organization structure that keeps many of the non-asset leveraging staff functions in Japan. 2005 Toyota 2005 GM 2005 Ford 2005 Foreign Assets as proportion of total assets 54% 37% 44% Foreign Sales as proportion of total sales 63% 34% 45% Foreign Employees as proportion of total employees 38% 58% 53% Transnationality index 52% 43% 48% 1996 Foreign Assets as proportion of total assets 35% 25% 31% Foreign Sales as proportion of total sales 47% 32% 45% Foreign Employees as proportion of total employees 23% 34% 38% Transnationality index 35% 30% 38% Figure 5: Transnationality Index for Top 3 Automotive companies (Source: UNCTAD WIR 1998/2007) 2. 1 Globalisation at Toyota The automotive industry is a mature, highly-competitive market that is experiencing global concentration (Datamonitor: Global Automobiles Industry Report 2008). The key driver for growth is the need for increased economies of scale in RD, engineering, design, production and marketing. In addition, regulatory requirements with regards to safety, fuel economy, emissions etc require large central investments. Many competitors of Toyota have engaged in MA and RD alliances, Toyota is one of the few companies that has grown mainly organically. Japan has a home market provided only limited potential for growth, and in fact declined (Sales of 2007 have been only 92% of sales in 1998), therefore international expansion has been the way to enable scale economies. Many of the drivers for internationalisation of its production system can be based on the framework depicted below. Push factors have been cost disadvantages experienced through a relatively costly production environment in Ja pan, cost of shipping for export, and the need for risk diversification with regards to developments in the home market. A maturing market and increased foreign competition have forced Toyota to focus its growth strategy abroad, and the need to internationalise its production network in response to the sales success has followed. Figure 6: Drivers of internationalisation (Source: WBS Course Notes IB, Lesson 5) Car manufacturing is a complex process and its production chain can be broken into three major subprocesses (Bodies, Components and Engines Transmissions) plus assembly, all of which are fairly independent from each other. This lends itself to a globally diversified set of production locations based on the best factor endowments with regards to the needs of the subprocess, i.e. assembly is fairly labour intensive whereas Engines Transmissions is highly technologically advanced process. In short, the key drivers for internationalisation can be summarised below: enabling growth and access to new markets economies of scale: central cost of product development need to control quality have let to a full ownership model reuse of technology à ¢Ã¢â€š ¬Ã¢â‚¬Å" standardizing, the lesser parts the better, etc. 2.2 Drivers of localisation Toyota was successful in following its internationalisation strategy and stimulated demand abroad. Initially, it followed an export strategy to meet foreign demand, however encountered trade barriers leading it to a second phase of internationalisation in which it started to build production facilities abroad. Given the highly idiosyncratic production environment of Toyota à ¢Ã¢â€š ¬Ã¢â‚¬Å" which has become synonymous for lean operations and quality focus à ¢Ã¢â€š ¬Ã¢â‚¬Å" this step has created more anxiety than usual, as the Toyota Production system and its supplier system were deemed culturally entwined with the mentality of a Japanese workforce and the keiretsu structures of a the Japanese environment. However the drivers towards a localisation of manufacturing and supply-chain were so strong that Toyota had to attempt transferring its management system and culture into culturally different places. The main drivers that drove this decision were: tariff barriers and pressure for FDI rather than just exports (particularly from the US) off-setting currency risks cost of shipment need to match local taste of consumers One of the key decisions was where to place the new plants abroad. As particularly the auto industry leads to an agglomeration of supporting industries down the value chain, there is significant national and regional government support to be gained as host country governments are aware of the job creation effects and possibilities for home companies in the development of the supplier industries. In addition, these clusters support the knowledge sharing and excellence building, and have a significant impact on technological innovation that can lead to spill-over effects.. Toyota has become famous for its choice of Greenfield sites at rural places, which is firmly linked to the development of its particular organizational capabilities and the need of a workforce that is open to the Toyota approach and can be acculturated to the Toyota way. Therefore Toyota was in a position to chose a location with maximum support of government bodies, and a match to the sales requirements of the region. In 2008, Toyota has 53 manufacturing companies established in 27 countries of the world, see details below: Figure 7: Overseas Manufacturing Companies (Source: Toyota Databook 2008) Given the physical restraints, and particularly the just-in-time system that Toyota has championed, supply chains are required to be local and flexible to meet the different needs. Despite the fact that in theory transaction costs can be minimized through the reduction of suppliers a company entertains relationships with, the benefits of flexibility and local responsiveness outweigh this concept in many cases. As an example, Toyota is now sourcing some of its engines for the European market from Porsche rather than importing it from its own motor production plants. Local responsiveness to the needs of the consumers is another reason why production has become more localised over the last decade. Until shortly, the tastes and preferences of European and American consumers were very diff erent, although the explosion in gasoline prices might lead to a convergence of preferences for fuel efficient cars in the future. It therefore was a logical conclusion to build the models in the regions where they matched the majority of the demand. Whereas this limits scale effects as products are produced in more and smaller plants, the scope effects with regards to core technology, learning effects of generic manufacturing and human resource management techniques still apply, thereby enabling Toyota to implement a production system that can reap the benefits of internationalisation as well as be responsive to its local customers. 3. Summary Toyotas internationalisation strategy has been highly successful, evidenced by a 200% increase in revenues over 10 years with stable profit margins, which stands in sharp comparison to its rivals, particularly its American ones (see graphs below). The push for internationalisation has initially been market seeking given the limitations for growth in its home country Japan. However initially production has not mirrored internationalisation of demand and followed an export model. The restrictive trade policies encountered in Europe and the US however have driven Toyota to internationalise its production capabilities, which it has almost tripled with regards to capacity in the last 10 years. As production capability is considered to be one of Toyotaà ¢Ã¢â€š ¬Ã¢â€ž ¢s core capabilities lending competitive advantage, it is only stringent that Toyota has opted for a full ownership approach. Toyotaà ¢Ã¢â€š ¬Ã¢â€ž ¢s production facilities now cover the globe and remain centrally in tegrated, although the key focus on models produced is those that meet local market demand. Achieving the right mix of internationalisation and localisation remains one of the key challenges as the trade-offs of scale economies versus flexibility and customisation remain. Appendix 1: Vehicle Production, Sales and Exports by Region Appendix 2 References Datamonitor (2008): Automobiles Industry Profile: Global. https://search.ebscohost.com/login.aspx?direct=truedb=buhAN=32200475site=bsi-live Toyota Corporation (2008), Overseas Production companies. Toyota in the world 2008 Databook, accessed 02.08.2008 https://www.toyota.co.jp/en/about_toyota/in_the_world/pdf2008/26overseas.pdf Toyota Corporation (2008): Vehicle Production, Sales and Exports by Region, Toyota in the world 2008 Databook, accessed 02.08.2008 https://www.toyota.co.jp/en/about_toyota/in_the_world/pdf2008/32sales.pdf Unctad: World Investment report 2007, accessed 02.08.2008-08-03 https://www.unctad.org/en/docs//wir2007_en.pdf Unctad: World Investment report 1998, accessed 02.08.2008-08-03 https://www.unctad.org/en/docs/wir1998_en.pdf WBS course notes (2008): International Business.

Attention Deficit/Hyperactivity Disorder (ADHD) Essay

Attention Deficit/Hyperactivity Disorder is a common thing in many homes, schools, and work areas. It is a disorder that makes focusing and sitting still impossible. Attention Deficit/ Hyperactivity Disorder can be classified into three major symptoms. The first symptom is Hyperactivity. It causes rapid movement and the inability to sit still. The second major symptom is Inattention. This causes you to have trouble paying attention to things and can even make it hard to complete task. The last symptom is Impulsivity. This usually consist of blurting out, crossing the street without looking, and making decision that you don’t completely analyze. Attention Deficit Hyperactivity Disorder can make a person’s everyday life more difficult, but†¦show more content†¦If it is a rare or random event then it can be just an outside source distracting the student, but if its ADD or ADHD then it is a life time problem that needs to be addressed to the parents. The inability to focus will not only affect you in school, but in every other aspect of life if it is left untreated. Andrew Colman of the University of Leicester said â€Å"areas like the pre frontal cortex that use dopamine to communicate tend to be shrunken in people with the disorder†. This is why naturally kids with ADHD have a harder time focusing and doing well in school. The second way to diagnose ADHD is by looking at the patients movements. The Hyperactivity part in ADHD is what separates this from ADD. The hyperactivity can be characterized by being overly fidgety, restless, and excessive energy in simple task. The way Russell Barkley describes the hyperactivity in individuals is â€Å"Excessive task-irrelevant activity or activity that is poorly regulated to the demands of a situation.† (Barkley 1998). That accurately describes some of the hyperactivity characteristics because it is not normal for a person do be like that. Others working with ADHD might find this annoyi ng or irrelevant and can lead to personal relationship problems. Restlessness is also an easy way to figure out if a kid has ADHD or not. If the individual is always staying up late no matter how long they play, exercise, or stayShow MoreRelatedAttention Deficit Hyperactivity Disorder ( Adhd )1710 Words   |  7 Pages Attention-deficit hyperactivity disorder or ADHD which is often referred to as childhood hyperactivity, it s a severe and chronic disorder for children. It is one of the most prevalent childhood disorders, and affects 3% to 5% of the school-age population. Boys outnumber girls three or more to one. Children with ADHD can experience many behavioral difficulties that often manifest in the form of inattention, being easily distracted, being impulsive, and hyperactivity. As a result, children withRead MoreAttention Deficit Hyperactivity Disorder ( Adhd )1744 Words   |  7 PagesI chose to research Attention-Deficit Hyperactivity Disorder, otherwise known as ADHD, in culture and child development for the following reasons. First, it is important as educators that we understand the difference between restlessness and Attention-Deficit Hyperactivity Disorder in children. Secondly, we must be conscious of the origins of ADHD, how to recognize it, the myths and prejudices against it, and kn ow the most appropriate intervention strategies. Educators must also realize that evenRead MoreAttention Deficit Hyperactivity Disorder ( Adhd )1495 Words   |  6 Pagesoccasionally forget to do their homework, get fidgety when they lose interest in an activity, or speak out of turn during class time. But inattentiveness, hyperactivity, and impulsivity are all signs of attention deficit hyperactivity disorder (ADHD). 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Definition And Features Of School Uniforms Essay - 844 Words

p dir=ltr style=line-height:2.4;margin-top:0pt;margin-bottom:0pt;text-align: center; id=docs-internal-guid-bff5b218-0883-fd5c-4afa-e9daad63dcf9span style=font-size:24px;font-family:Arial;color:#000000;background-color:transparent;font-weight:normal;font-style:normal;font-variant:normal;text-decoration:none;vertical-align:baseline;School Uniforms: A Justified Solution/span/pp dir=ltr style=line-height:2.4;margin-top:0pt;margin-bottom:0pt;span style=font-size:24px;font-family:Arial;color:#000000;background-color:transparent;font-weight:normal;font-style:normal;font-variant:normal;text-decoration:none;vertical-align:baseline;nbsp;nbsp;nbsp; /spanspan style=font-size:24px;font-family:Arial;color:#000000;background-color:transparent;font-weight:normal;font-style:normal;font-variant:normal;text-decoration:none;vertical-align:baseline;Have you ever thought to observe a situation, such as instituting school uniforms, from all angles? 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Title- The Tort of Negligence- MyAssignment Help

Question: Extravaganza Inc own and run a large performance arena used for a variety of activities ranging from rock concerts to antiques fairs. Events at this venue attract many thousands of visitors, and security can be a serious issue. Ordinarily, visitors to an event must pass through a gateway linked to a computerised analysis system, which would indicate the presence of potential weapons. The computer is now rather old and has been poorly maintained. Roughly once a month the computer system fails. Because the failure occurs without warning it would be difficult to arrange for extra security personnel to search visitors by frisking them. Hand-held detectors could be provided to existing security workers, but these would be expensive and Events Inc consider the cost would not be justified given they would not be needed for the most of the time. Petra is among those seriously injured when, on one of the days the system has failed, Jason, another concert-goer, after drinking heavily at the ba r, loses his temper and fires indiscriminately at the people around him. Assuming Extravaganza Inc owe Petra a duty of care, consider issues of standard of care and breach of duty raised by these facts. Answer: Facts A large performance arena is owned and run by Extravaganza Inc. for various activities like rock concerts and antique fairs. A large number of visitors visit this venue for several events. The computer of security analysis system is poorly maintained. The computer fails, usually once a month without any warning. Due to such failure once, a visitor named Jason after having drunk heavily, opens fire at the crowd and consequently a visitor Petra gets seriously injured. Relevant Laws Tort: Till today, there is no explicit definition of the tort given anywhere, in any legislation or statute. It has evolved as a result of common law or case law decisions. In general, the Tort implies that conduct which is neither legal nor very direct, it may be either illegal, distorted or dubious. Simply put, it is a civil wrong, regarding which an innocent party or in other words, a victim has the right to claim damages in the form of money. But, it does not fall under the category of a breach of contract or trust. Torts can be of various types like: negligence, nuisance, defamation, trespass etc. Tort Of Negligence: Tort of negligence means a judicial action taken by a person who has been harmed due to an action of a person, who owed a duty of care towards him.However, that person becomes liable only when he has a duty of taking care and the plaintiff has been harmed on account of the breach of duty by the other person/defendant. For negligence, the following ingredients must exist: A duty of care towards the claimant was owed by the defendant. There was a breach of such duty by the defendant. The breach of such duty caused damage to the claimant. Duty Of Care: Duty of care implies a duty, which is required by law and not by any moral or social principles. For the purpose of succeeding in an action of tort, it is essential to prove that there was some duty of care legally, which was owed by the defendant and regarding which breach was made. Although an exact definition of this duty has not been defined. The legal test for making a defendant liable for existence of duty of care varies according to the type of loss. This is a special area within the tort of negligence defined not by the general circumstances, but the kind of damage suffered by the claimant. Negligence on the part of the defendant may may be of several types of damage, like financial, property, personal, psychiatric in individual form or in combination. Duty should have been towards the plaintiff: If it is only carelessness of the defendant rather than a special duty towards plaintiff, it does not amount to negligence. It is not enough that a duty of care was owed by the defendant towards other people. It should have existed towards the plaintiff in particular. Moreover, a plaintiff has the right to sue the defendant for negligence, only if he himself got injured on account of failure of the defendant fulfill his duty. Breach of duty: Breach of duty means if the defendant did not take a due care, where it was required according to the circumstances. The standard of care is calculated from the point of viewpoint of a reasonable or an ordinarily wise man. If it is found that the defendant acted like a reasonably prudent man, then no negligence is committed. Amount of care required: The law does not provide that the greatest care should have been taken in a particular situation, the only requirement is an amount/degree of care, which can be expected according to a reasonable man under similar circumstances. However, a few measures of risks are allowed by for facilitating the going on of some activities in the public interest. For instance, a certain speed may not be considered as negligent for a fire brigade vehicle, but the same speed may be regarded as an act of negligence for another vehicle. The degree of the risk involved: The degree of care required again depends on each situation. A careful act in one specific situation may be taken as a negligent act in another. The same amount of care is not demanded by law in all situations. It is the kind of risk involved or the probability of the amount of damage foreseen that determines the precautions which the defendant should have taken. Logical foreseeability is quite different from the existence of remote possibility: If an injury was foreseeable, it may not necessarily amount to negligence. For constituting negligence, it is equally important that the probability of the happening/occurrence of an injury was foreseeable. The reason for this is that the main purpose of this law is to provide protection against probabilities as compared to merely possibilities. Proximity of harm and the negligence: For establishing the tort of negligence, it is necessary that the damage or injury caused should not be a remote consequence of the negligence of the defendant. In other words, there must exist a proximity between the negligence and the harm. Or, simply put, there should be a direct cause and effect relationship between the breach of duty of care and the harm caused. Damages: In case no harm or damage has been caused to the plaintiff, then no action can be brought for tort of negligence. The following similar cases can be referred with regard to the given case. Application of law to the given case In the given case, a large performance arena has been owned and run by Extravaganza Inc for several activities like antique fares and rock concerts. Thousands of visitors visit this venue and security is undoubtedly one of the most important concerns. In spite of having a computerized analysis system for the detection of the presence of the weapons, it is poorly maintained by Extravaganza. It is known to the company that their computer system fails once every month without warning due to which it becomes impossible to check the visitors suddenly. Handheld detectors are the alternative available, but Extravaganza finding it expensive doesnt want to spend on it, for it being required only when their original security system fails. On one such day when their security system failed, a person called Jason enters the concert with a weapon and after heavily drunk opens fire at the crowd and Peter for whom the Extravaganza owes a duty of care, gets seriously injured. Now, applying the above stated law to the case, it is to be seen if the elements of the tort of negligence are fulfilled: Duty of care: The first element of the tort of negligence, which is a duty of care towards the plaintiff is already fulfilled, as it is stated in the case itself that the Extravaganza owed a duty of care towards Petra. Breach of duty: If the extravaganza owed a duty of care towards Petra, but still did not arrange for suitable precautionary measures for safety, then definitely it amounts to a breach of duty of care by Extravaganza towards the plaintiff. Reference can be made to the following case law: Paris v Stepney Borough Council [1951] 1 All ER 42, In this case, the plaintiff was having sight in one eye only. The defendant, employer of plaintiff, completely aware of this fact provided only the eyes protection glares for welding work to the plaintiff due to which he lost sight in the other eye. It was held that the defendant definitely owed duty of care towards the plaintiff and was liable for breach of duty and hence negligence. Degree of standard of care required: The standard of care in taking precautions in terms of safety, was merely what any reasonable man would take while organizing a concert with thousands of visitors, just like the similar case: In a case, Nettleship v Weston [1971] 3 All ER 581, the defendant, during her lessons of driving from plaintiff makes an accident and injures the plaintiff. It was held by the House of Lords that benefit of doubt of lower standard of care of a trainer could not be given. The same standard of care is required from an unskilled and learner driver, as from that of a trained driver. Moreover, the plaintiff was also held to be partially responsible as having half of the control of the car, so he was held to have contributory negligence along with the defendant. Amount of risk involved: The defendant did not take due precautions for the safety standards in spite of their awareness about their system failure. Moreover, the degree of risk involved was high as thousands of visitors used to visit that place and anybody carrying weapon may result in endangering the lives of those people. A similar case on the standard of care required as per the risk involved can be referred: Miller v Jackson, in this case, in spite of having erected a five meter wall by the defendant, his house had been damaged several times in the past due to being hit by cricket ball of the defendants cricket club. Thus, the House of Lords held that the amount of risk involved was high due to an old problem and so the defendant was held to have made a breach of duty for having not taken extra steps to prevent it. Foreseeability: It was easily and clearly foreseeable by the Extravaganza that the failure of their security system analysis may result in high danger anytime, but sill they did not arrange for any alternate methods of security, which any reasonable prudent man would do. The following case can be referred for the probable foreseeability: In case, Haley v London Electricity Board [1965] Ac 778, the workmen of the defendant left a hammer on the pavement on the road after work as a result of which, blind plaintiff got injured by stepping on it. The House of Lords held that it was foreseeable that blind pedestrians could pass that route and defendant was held liable for negligence and for not having taken proper precautions. Proximity: In the given case, there was a proximity of relationship between the failure of the safety system of the Extravaganza and the entry of the James with a weapon in the concert. James entry and his open firing at people and hence the serious injury of Petra were all direct consequences of the negligence of the Extravaganza about the safety measures regarding the concert. The following case law can be referred to this point: Armsden v Kent Police, in this case, the driver of a police car was driving at a very high speed while speeding to an incident and did not siren on a certain junction as a result caused an accident. In this accident an individual got killed. It was held that the over speed and not giving siren were in proximity with the killing of the victim. Hence, the police driver was held for negligence. Damage: In the given case, undoubtedly damage has been caused to the Petra in the form of injuries, so he is liable to sue for tort of negligence. In a similar case as below: Roberts v Ramsbottom [1980] 1 All ER 7, the defendant in this case met with an accident due to a minor stroke on account of lesser control over the car. After that again hit another. The House of Lords held that if he was completely out of his control, he would have escaped liability. If he was in senses, he was liable for his negligence and especially he could know about his unfitness from the accidents of the past. Conclusion Based on the above arguments and the referred case laws, it can be concluded that the carelessness of the Extravaganza made a breach of duty towards Petra and fulfilled all the essential elements of the tort of negligence and hence would be liable for the tort of negligence. 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