Friday, May 15, 2020

The Importance Of Wealth And A Consumerist Nation

Derek Crosby Online British Literature 6 August 2015 Social Classholes: The Importance of Wealth Historically and in a Consumerist Nation One of the most important aspects of any novel is the theme. Furthermore, themes that express practicalities that people in the real world deal with regularly are that much more effecting. That’s why novels like Pride and Prejudice and Jane Eyre are timeless; their themes are extremely important and will forever ring true in society. Most prevalently of the themes in these novels is social class. Social class is something that has been, and always will be, very important to society; as happens in the novels, people are unjustly judged based upon their monetary position in society. For the setting of the stories, these people saw nothing wrong with this prejudice; and this was also a truth in reality. The more privileged were more eligible for happiness. When studying history, literature, and just the normal everyday life, social class pops up into nearly every medium. In the United States, the relevance and importance of social class is absolutely enormous. The hulking impact that class and stature has on people is largely apart of the nations problems. Statistics are shocking; the amount of homeless people, or just the population of people in poverty in all, is a number to be dealt with. The numbers are astounding; ninety percent of all American citizens share one percent of the wealth. The other ninetyShow MoreRelatedCapitalism on Wages and Income Essay1426 Words   |  6 Pageslabour provided so there is a lot of exploitation. The capitalist is able to influence many people with the wage, therefore his profits becomes unlimited. He is able to achieve this through use of wealth accumulated earlier. Therefore, in the end the capitalist will continues to accumulate more wealth while the poor becomes poorer and venerable. Wages are very dependent on productivity, always with wages lagging behind though increases in productivity. Therefore for the poor to benefit wages mustRead MoreEssay on Criticisms of Consumerism and Materialism in Fight Club1134 Words   |  5 Pagesdont concern me. What concerns me is celebrity magazines, television with five hundred channels, some guys name on my underwear†(29 min.) We are a generation comprised of invidious and conspicuous consumers, desperately trying to meet society’s consumerist criteria; seeking the false promise of the American dream. This is the reality presented in Fincher’s Fight Club (1999), one of â€Å"the rawest, most hot-blooded, provocatively audacious, dangerous movies to come of out Hollywood† (Morris, 1999). ThroughRead MoreTranscendentalism And Its Impact On Society2407 Words   |  10 PagesFuller once said, â€Å"Men for the sake of getting a living forget to live.† In today’s society, a strong emp hasis on material wealth exists, while the importance of happiness is underrated. America as a whole is twice as wealthy as it was fifty years ago, while the overall level of happiness has remained stagnant (Belic). Point in case, society must remove this focus on wealth, which is causing many to lead unfulfilled lives of quiet desperation. One can achieve a life of contentment by applying theRead More Emerson and Thoreau Represent American Identity1511 Words   |  7 Pagescreate American Identity through creation of an intellectual scholars, which was unique and free from European influence and secondly it will discuss the way in which Thoreau contributed to the creation of unique America with the belief in anti-consumerist by experimenting a simple and harmonious living with nature. Being one of the leading transcendentalists, Ralph Waldo Emerson encouraged American authors to find their own style instead of imitating foreign (European) authors to construct the realRead MoreA Solution to the Population Problem:1724 Words   |  7 PagesIncreasing importance has been placed upon population and population growth over the course of the past few centuries. Scientists are frenetically searching for the solution to this issue, and their outcomes are bleak. They are telling the world that if population growth does not slow, the earth will swell to a capacity too large to sustain itself and the conclusion will be apocalyptic. Explanations are numerous, however viable solutions are difficult to find. Adherents to the Malthusian theoryRead More Confucian Philosophy and Corporate Responsibility1630 Words   |  7 Pagestraded corporation has been widely criticized due to the fact that its responsibility rests exclusively with its shareholders as opposed to resting wi th society at large. The essential goal of a corporation as an institution is to create monetary wealth for those in communal possession of it. This leads, however, to another facet of the corporation in terms of Confucian philosophy. It could be said that a corporation is, in fact, a microcosmic reflection of a unified, collectivist whole. Much asRead MoreThe Symbolic Cultural System Of Religion Essay2274 Words   |  10 Pagesissue-based event can be measured only in terms of number, frankly speaking the death toll. Since the British introduced the first all India census in 1871, subsequent Indian governments held a decennial census that is said to enrich the country with a wealth of data. The transformation of Muslims from ruling elite to a subjected minority in colonized India can never be denied to have affected the psyche of competing ethnic elites who are worried about the reduced number of their groups that would costRead MoreInculcate Ethical Values in Children to Protect the Nation from the Depleting Morals and Ethical Values Under the Shade of Globalization2378 Words   |  10 PagesWays and Means to inculcate Ethical Values in the children to protect the nation from the depleting morals and ethical values under the shade of Globalization `Children are our most valuable natural resource. -Herbert Hoover â€Å"India will be radiant when our children are free to dance in the rain- Azim H Premji, Chairman Wipro. â€Å"It is necessary that steps are taken to properly nurture them in the right direction at an early age, says Sriram Kannan. Introduction Ethical values generally refer toRead MoreBusiness Ethics : American Consumerism At Fault2176 Words   |  9 Pages†(Singh) coupled with being the leaders of the free world create an unparalleled nation. However, blinded by our convenient accessibility to everything and anything, we often forget that our consumer choices have repercussions to others across the globe. For many products, including apparel and food, we overconsume and underpay at the expense of the poor, our health and the environment. It’s time we, as a nation, shift our thinking to focus less on individuals getting the cheapest and fastestRead MoreTheoretical Perspectives on Iraq War 20032293 Words   |  10 Pagesreflects the realist interpretation of international system which is characterized by anarchy and therefore, it is not considered prudent for a State to entrust its safety and survival on another actor or international institutions such as United Nations. CRITICAL THEORY / MARXIST PERSPECTIVE Critical theory, on the other hand, as propounded by Robert Cox is a rejoinder to Neo-realism. According to Mark Rupert, Neo-Realism â€Å"only describes patterns in the operation of power among States without inquiring

Wednesday, May 6, 2020

The Gilded Age Essay - 4015 Words

The Gilded Age A successful economy is perhaps the most key ingredient leading to a successful nation. An economy is a delicate balance of many different conflicting and coexisting elements. Naturally, an economy’s success can often be measured by the amount of wealth it contains, not to mention the effectiveness or ineffectiveness of its distribution of the wealth. Effective distribution of wealth is no easy feat. Wealthy and poor people will always need to coexist- this is an inescapable truth. The government’s job in many cases becomes that of a referee. Naturally, perfect peace and harmony between two totally different classes would be a utopia, and probably will never be completely achieved. A government must, therefore,†¦show more content†¦The market model of economy, developed by Adam Smith entails a freely flowing economy that places little or not restriction on occupation allowing individuals utmost rights. America took on an ethos of a mixed economy of market and c ommand that struck a successful economic equilibrium. American economy also changes with different periods of history. The Civil War had lit the spark of industrialization needed to enhance the American economy. Technology advanced by leaps and bounds and free labor was done away with to make room for Industrialization and Adam Smith’s market model of capitalism. Capitalism was a promoter of the entrepreneur and individual success. It was only natural that during this time of private interest the gap between rich and poor would be greatly widened and a state of disorder might arise. Capitalism was a new ideology and drastic labor problems and social disorder arose because Americans were simply adjusting to (and taking advantage of) the new system. Although the gap between rich and poor during the late nineteenth and early twentieth century was unquestionably large, the nation was also prospering through large economic gains. Although it may have seemed like a nation in which the rich were detached from the poor, the US was actually harvesting a new breed of self-accomplishing individuals. With the end of free labor, the US had sought a new ideology, and found it in AdamShow MoreRelatedThe Gilded Age : An Analysis Of The Gilded Age793 Words   |  4 Pages The term Gilded age comes from Twain and Dudleys book named the Gilded Age. The world Gilded itself means something that is covered in gold but actually has nothing of value underneath. The gilded age was an attempt to fix a broken system after reconstruction had finished, but in reality it was just putting a blanket over the real problem. The gilded age was a good time for the higher ups, those who owned business or were in the government, they were able to benefit at the cost of American workersRead MoreThe Gilded Age1785 Words   |  8 PagesThe Unscrupulousness of the Avaricious The Gilded Age was a time in American history, from the 1870s to the 1890s, which ostensibly characterized the country based on its economic and technological advancements. However this era’s development served as a mere facade for the corruption and classism which occurred during the time. From economic manipulation to immorality in politics, the Gilded Age is best characterized by the unscrupulous nature of individuals who sought to attain superficial successRead MoreEntertainment in the Gilded Age1450 Words   |  6 Pagesentrepreneurs and business people of the time, because there was money to be made in this desire for amusement. Of course, this was not the whole story of the new Gilded Age, but it was definitely an era of growing leisure time and the business that came along with it. One of the most popular forms of entertainment during the Gilded Age was theater, particularly Vaudeville, which was a type of variety theater prominent in late 19th century America. Of course, similar types of variety shows had existedRead MoreThe Gilded Age Of America1621 Words   |  7 Pageshelp build and maintain a better America. The Gilded Age, during the late 1800’s, was a time in America where we experienced explosive economic growth, serious social problems, new innovative technology, and the rise of corporations and corruption in politics. We have learned from some of these things that we went through in the Gilded Age and fixed them, but we are still facing some of the problems we faced back then, today. During the Gilded Age, America experienced many economic and technologicalRead MoreThe Gilded Age And The Age Of Information1422 Words   |  6 PagesThe term the â€Å"Gilded Age† was coined by Mark Twain. â€Å"By this, he meant that the period was glittering on the surface but corrupt underneath.† With its period of extreme economic growth, there was tremendous wealth, but only for the wealthy. The â€Å"Second Gilded Age,† which some say was brought on as the Information Age, brings a level of inequality to America that has never been seen before. Experts believe that this shift could kill the American dream. The Gilded Age and the Age of Information areRead MoreThe Progressive And Gilded Age914 Words   |  4 PagesThe Progressive and Gilded Age in America The Progressives were a group of reformers such as writers, politicians, and Social welfare advocate, etc. living mainly in cities during the early 20th century and working to change legislative issues, financial aspects, and good society. They accepted that change could originate from inside of man, and along these lines, dismisses the believe of Social Darwinism and regular determination. They were in charge of the section of many laws, including restrictionRead MoreGilded Age Essay872 Words   |  4 Pagestroubles, we shouldnt test people for drugs, we should test them for stupidity, ignorance, greed and love of power.† When Mark Twain and Charles Dudley coined the phrase ‘gilded age’ to describe what they saw in the late 19th century I’m sure they would agree wholeheartedly with Mr. O’Rourke. What does it mean ‘gilded age’? Gilded means to coat with a thin layer of gold, which I’m sure almost always is covering an inferior product. When one thinks of America one of the first thoughts that pop intoRead MoreAnalysis Of The Gilded Age1348 Words   |  6 PagesNew Spirits is a major text in Gilded Age historiography because Edwards encompasses social, political, and economic history, weaving them together into a cohesive narrative. Critics mention her lack of footnotes (but are quick to point out that her extensive â€Å"for further reading† sections help to balance this) and that her emphasis on cohesion may be overstated. Edward’s thesis is that the Gilded Age was not a patently bad time in American history, but that America underwent tremendous change, usheringRead MoreThe Era Of The Gilded Age1153 Words   |  5 Pagesthis time in history seemed progressive on many fronts, it was known as the â€Å"Gilded Age†. The Gilded Age was a three decade time in America that involved an expanding economy and a useless government. The thought of going to an American city, getting a job, an d getting paid was ideal to most outsiders. The problem was, once they arrived and found a job, it was not as wonderful as it seemed . It was called the Gilded Age because, from the outside, everything looked wonderful, but on the inside itRead MoreGilded Age Dbq Essay1643 Words   |  7 PagesThe Gilded Age was the time of rapid economic growth for the United States. The period where little corporations turned into a millionaire company. The time of one of the most dynamic, contentious, and volatile periods in American history happened. National wealth increased dramatically but their was a problem for the poor and the farmers of the U.S. People may say that the Gilded Age was the era of corruption, harsh labor and brutal industrial competition, but others think that the Gilded Age is

Tuesday, May 5, 2020

Children and Young Person Development free essay sample

Child and young person development Physical development Age range| Description of the stage| An example of how this impacts onanother aspect of development| 0 – 3 months| The first 3 months of a new-born’s physical development will pass by more quickly than you can imagine. During this time parents will note a change in there infant’s growth, appearance, motor abilities, and sensory development. | | 3 – 6 months| In months 3 through 6, Babies physical development continues to progress. He/She has graduated from the new-born look to that of a baby with full cheeks and a plump body. They will also be able to begin to show a whole new range of skills and abilities| | 6 – 9 months| Between 6 to 9 months you will be amazed by the physical development of your little one. While he continues to master the skills he learned  in previous months, you will now see him move (quite literally) to new levels in many areas of development. | | 9 – 12 months| Not only have they grown from this tiny infant that once fit in the crook of their parents arm, but they are now making both literal and figurative steps toward increased mobility and agility. During this stage everything is new and interesting. Use 5 senses to explore the environment around them. They all able to stand on their two feet but will put their hands out to the side for balance. | | 2 – 4 years| At the age of two most children can climb onto furniture in the home, they are able to throw a ball but are not able to catch at this stage| | 4 – 7 years| At this stage the child will be able to develop a good sense of balance, bend at the waist to pick up objects from the floor. | 7 – 12 years| Their balance will have improved as will there walking and running skills. Their bodies will start to change as they get closer to the puberty. | | 12 – 16 years| The child’s body will start to go through the changes that are brought on by puberty. They will start to notice things and experience things that they didn’t experience before. | | 16 – 19 years| At this age the child is a fully developed young adult. There bodies should have adjusted to the changes that experienced from puberty. | | Intellectual development Indicate needs and understand basic instructions. Claps hands and can wave goodbye. | | 1 – 2 years| During this stage, language skills will progress from grunting and pointing to single words. Pronunciation is difficult. They steadily build vocabulary by taking in the language around them. | | 2 – 4 years| They are able to listen and understand stories, rhythms and conversations. As they are learning their letters but may call their numbers as letters. They will begin to ask questions about the environment around them. | . | 4 – 7 years| They should be able to hold a conversation and express their needs clearly. | 7 – 12 years| Getting their point across is key at this stage and may start an argument if they feel they are not being understood| | 12 – 16 years| Their communication skills are developed but they will begin to communicate less with their parents and more with their or siblings. They will argue a lot more at this stage to assert their independence. | | 16 – 19 years| There communication skills are fully developed but they may still be adding to their developed skills through learning other ways to communicate. | | Social, emotional and behavioural development Age range| Description of the stage| An example of how this impacts onanother aspect of development| 0 – 3 months| During the first few months babies are very restless and rely on the parents for relief from stress and other negative emotions. Therefore at this stage they are not really developing in the aspects of social, emotion and behavioural | | 3 – 6 months| Show recognition of familiar faces. Emotions will be expressed through smiles and cooing noises if happy while tears and cries will express sadness. | | 6 – 9 months| They don’t like to be separated from mum and dad and will be wary of strangers. As social beings babies will socialise well with other babies well through baby sounds. | | 9 – 12 months| They are still discovering emotions so don’t have a grasp on what is going on but they will express themselves if unhappy. | | 1 – 2 years| They are just learning to recognize and manage their feelings. They respond to conflict through tantrums or by hitting, screaming or crying. | | 2 – 4 years| Emotionally, they need familiar adults nearby for security and comfort as they continue to explore and play. They will develop more independence and start to explore true friendships with other children. They are still learning how to manage/ recognise the causes of feelings and will offer simple comfort through hug. | | 4 – 7 years| During this stage the child may have a one good friend but they will change friend easily after a minor argument. They will be attention seek to get attention from others. | | 7 – 12 years| They will be able to socialise with there peers and have a solid group of friend (2-3 children). Depending on the child some children at this stage will think they have all the answers but don’t have a concept of what they are talking about. There pretty balanced emotionally but as they get closer to 10-12 they will start to change. | | 12 – 16 years| During the stages between puberty they will start to push the behavioural boundaries and social boundaries. Emotionals will be all over the places as they go through puberty. | | 16 – 19 years| They are fully able to expressive themselves emotionally| | Task B Child and young person development Type of Influence | Give ONE example of the effect onchildren and young people’sdevelopment| Why recognising andresponding to this isimportant| Background| Religious background. Recogniseing the religious background of a child is important as many religions have a certain diet and you must make sure that you have food suitable. But also responding by allowing the child to talk about their religions amp; festivals that they may celebrate is a way for not only you but other children to recognise the importance of this event. | Health| Meningtis | It’s important to recognise the symptoms of meningitis and not get them confused with the symptoms of another illness, as soon as the symptoms are shown immediate medical attention. Responding quickly to the symptoms and contacting the medical services makes the chance of the illness becoming more severe. | Environment| family problems at home| It’s important to recognise this as it could effect the child emotionally and sociably if there is a lot of arguing at home the child may start to feel scared to interact with other people due to fear of arguments being started. Responding to this also important as you need to find away to make the child feel comfortable so they can regain interactions with other’s without the fear of starting an argument. | Task C- Child and young person development | Transition experienced by mostchildren and young people:| Example of possible effect on children andyoung people’s behaviour and development| 1| From crawling to walking| Moving from crawling to walking | 2| Going to Nursery| Going to nursery opens up there social amp; intellectual development as they are socialising with other children but are also learning new skills| 3| Developing New Skills| By developing new skills, they are able to develop skills that not only help them later in life but they may also learn that they are more gifted are certain things. Transition experienced by somechildren and young people:| Example of possible effect on children andyoung people’s behaviour and development| 1| Violence/Abuse| With children they are likely to become anixious amp; find it difficult to sleep. They may also suffer from nightmares or flashbacks and will become easily startled. 2| Death in the family| The child or young person may suffer from a long period of depression with loss of interest in daily activities and events. | 3| Parents Divorcing| A child or young person who is going through the divorce of there parents is likely to feel a sense of rejection which could affect them later in life.

Sunday, April 12, 2020

BEFORE THE FLOOD Essays - Lans Rugby Club, , Term Papers

BEFORE THE FLOOD El d ocumental " Before the Flood " , presenta la de licada situacion en que se encuentra el mundo frente al calentamiento global. Tratar de explicar, mediante el arte, las consecuencias del cambio climatico, es la estrategia de Leonardo DiCaprio en Before the flood . Usando el cuadro El jardin de las delicias, del pintor holandes conocido como el Bosco, Leonardo muestra su vision de lo que enfrenta la sociedad. "El cambio climatico es real y esta sucediendo ahora". Sin duda este documental es de mis favoritos, ya que te hace abrir un poco mas los ojos; dicho filme presenta imagenes bastante importantes donde se muestra como junglas inmensas y llenas de vida se han convertido en explanadas grises sin vida alguna, hasta polos que se han derretido y van dejando sin hogar a diversos animales. Before the flood me ha parecido bastante bueno, en realidad te hace reflexionar sobre lo que consumimos en la vida diaria y que podriamos hacer. Leonardo Di Caprio , en mi punto de vista ha hecho un buen trabajo como mensajero de la paz, el resultado de su esfuerzo es un excelente documental que sirve como canal para enviar un urgente llamado a la humanidad sobre el consumo y habitos que han transformado al planeta y lo han llevado a un punto peligroso, con especies amenazadas y en extincion. Sin duda yo podria recomendar este filme, y no solo por entretenimiento, si no para que en verdad nos demos cuenta del dano que causamos a lo que mas necesitamos, y por fin ponernos es accion. Porque es cierto, de que te sirve saber del tema, platicarlo y escucharlo mil veces, si no vas a hacer nada para ayudar? El tiempo se nos acaba, y nadie hace nada, minima gente es la que en verdad promueve el cambio para ayudar al planeta. Pero que hay de los demas? En este documental podemos apreciar como DiCaprio encuentra y entrevista a las personas que tienen la injeren cia para cambiar el futuro. podem os verle hablar con cientificos, politicos como Barack Oba ma e incluso con el Papa Francisco. No solo eso, podemos ver el recorrido que el actor hizo a los lugares clave, como China e India, en donde la situacion ha llegado a los extremos, pero donde se pueden estar creando algunas de las soluciones mas importantes. Before the flood es un documental maravilloso a pesar de las malas noticias que da a conocer, pues no tiene miedo a senalar los verdaderos cambios necesarios para revertir lo que esta pasando en el planeta. Las acciones individuales son necesarias, por ejemplo, cuando se cambia una bombilla de luz por una ahorradora, nos deja en claro que las acciones deben estar a la altura del problema y que el tiempo se nos agota dia con dia. Before the flood demuestra que informar da poder, el poder del cambio. El gran inconveniente: a la humanidad le falta unirse para ayudar con esta causa.

Tuesday, March 10, 2020

Round table discussion Essays

Round table discussion Essays Round table discussion Paper Round table discussion Paper Essay Topic: Discussion My major Is business administration. I am a clear headed, ambitious individual who has taken the time to think about my future and my goals. I have undertook and completed my two years course in China. Being a transfer student to a foreign country requires me to continually focus, and focus more and more as the course has developed. And it is also give me an opportunity to continue a further education. I chose business administration as a general degree, which gave e the opportunity to learn and test all aspects of management and business so that I knew what I wanted to specialized in. By means of my education and experience, there are a few things In which I believe deeply that can develop individuals. First of all, we must choose the right direction, that Is, to choose a specific and clear objectives. Setting a goal Is Like building a pyramid. The power of target Is enormous. After the goal, we must establish It firmly. Then I believe everyone wants to succeed ND success Is around everyone, even If the success Is a small one. Actually, success means different things for different people. Some may equate it with money, some with work and still some with other. Whatever your dreams are, you have a goal there and then focus all your attention on it. Then success is sure to wait for you at somewhere. When it comes to values, my first thought was a standard criterion of everything. It is far away from success if you are only with the recognition of scholarship and ability by society. You should infect others with moral charm. Win the trust and respect of others, then you will the opportunities and success. Morality is a state, a pursuit, but also a force to promote its forward. Our responsibility Is to stick to the bottom line of moral in life. We should have social conscience. I believe that because good fortune had give me with better than average opportunity, I have a duty to perform In our communities. Thus, I must give more than receive. I believe one of the greatest ideas of all times is a convincing moral force which is the concept f the dignity and worth of human individual. That is my core value. In my life I have given myself certain goals, some relating to my personal life and some to my life in the business world, which I will do my best to complete. I do not believe in fate. No matter under what circumstances anyone would have a chance to change their destiny if they work hard. So I will continue to pursue the development of myself. That refers to the pursuit of my own qualities and enrich my own knowledge. Whats ore, let my family live In happiness. Being a good family member. I also planned financial goals. The most Important one is really assess my monthly expenses. Do I really need to pay such a hill of bills? While Im lucky enough at this point In my life not to be living month to month, that good fortune has made me lazier about making sure Im not Just wasting money. By the end of my graduation, I plan on analyzing the expenses and making adjustments that hopefully suit my lifestyle better and save me successful future.

Sunday, February 23, 2020

The Diabetes Issue Prevailing in South Asian Indian Women Term Paper

The Diabetes Issue Prevailing in South Asian Indian Women - Term Paper Example Kanaya et. Al (2010) stated that South Asians have a prevalence of diabetes despite their low body weight. This may be because of the difference in the culture that needs to be analyzed. Based on the study conducted by Kanaya et al, it was found that South Asian Indians immigrants are more likely to have diabetes than other US ethnic Groups. The discussion aims at highlighting the health issue prevailing in South Asian Indian women in Los Angeles County in the United States along with developing a health care program to curtail the health issue to an extent. Gielen, Bone (2008) stated that the quality of life is often affected by these health issues along with affecting the social and economic environment in the present as well as in the future. The health problem to be assessed in this particular discussion is diabetes using Precede-Proceed Model as a public health theory The study would be conducted in Los Angeles County by collecting data and information on South Asian Indian wome n suffering from diabetes. ...Wulffson (2011) stated that diabetes is the sixth leading cause of death and the ninth leading cause of premature death in Los Angeles County. The impact of diabetes has been severe on South Asian Indian women compared to any other ethnic group in the United States as per the study conducted by Kanaya et. al (2010). The data reflected that a total of 29% of Asian Indians had diabetes, after the full research and analysis, Indians still had high cases of diabetes compared to whites and Latinos. However, diabetes cases of South Asian Indians were similar to African Americans: Indians [odds ratio (OR), 1.0], whites, 0.29; Latinos (0.34) African Americans (0.77 ;) South Asian Indians have a different lifestyle compared to other ethnic groups in terms of nutrient intakes. Chowdhury and Hitman (2000) stated that the primary cause of diabetes is obesity that increases the weight of the body along with making it defunct up to an extent in terms of performing no rmal usual tasks. Along with this, hypertension and proclivity towards oily and rich food often affect the body mass index of South Asian Indian Women.  

Thursday, February 6, 2020

TORT LAW Essay Example | Topics and Well Written Essays - 2500 words

TORT LAW - Essay Example The status of the entrant is quite easily that of a lawful visitor where it is due to an express provision. It has been held by Scrutton LG that ‘when you invite a person into your house to use the stairs, you do not invite him to slide down the banisters’. In respect of Florence the situation is quite clear as she was a lawful visitor and the warning clearly did not restrict access to the place. In respect of the common duty of care section 2 of the OLA 1957 provides that ‘an occupier of premises owes the same duty, the common duty of care to all his visitors except in so far as he is free to and does extend, restrict, modify, or exclude his duty to any visitor or visitor by agreement or otherwise’ and ‘the common duty of care is a duty to take such care in all circumstance of the care is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which he is invite or permitted by the occupier to be thereâ₠¬â„¢. The duty was described by Lord Denning in Wheat as ‘simply a particular instance of the general duty of care which each man owes to his neighbour’. In respect of Florence it is clear that a common duty of care was owed to her by Eric whereby care should have been taken. The defences that are available in accordance with relevance would be that of section 2(3) whereby there is a defence of contributory negligence. A further defence is that of warning which if duly posted would lead discharge of duty of care or contributory negligence would come into play. In London Graving Dock Co. v. Horton2 it was held by the House of Lords where the significance of warning was recognized by the visitor then the liability of occupier would be absolved. However, s.2(4)(a) stated that all circumstances should be taken into consideration and a warning in itself should not be used to automatically exclude liability(Phipps v. Rochester Corporation)3. Where there is existent an excessi ve amount of danger then additional precautions should also be undertaken by the occupier. In respect of the facts at hand clearly there was a possibility of injury being caused and this should have been thought of by Eric when getting the installation done. Furthermore, in respect of Florence since she was a lawful visitor and a duty of care was owed to her, warning in itself would not constitute to be exclusion of liability of Eric and therefore added precaution should have been taken. In lieu of the facts, Florence can claim for the injuries she has suffered and in respect of the broken glasses she can claim under the contract whereby loss to her has been caused. The only element whereby it can be argued is the fact that Coolit were hired as independent contractors by Eric, however, in that respect all necessary steps should have been undertaken by Eric so as to avoid any harm being caused to anyone, In respect of George a discussion on Occupiers Liability Act 1984 needs to be ma de. The Act deals with people who enter a trespasser. A duty would fall on the Occupier if three requirements as laid down under s.1(3) of the Act are satisfied. Firstly there must be awareness of danger by the occupier or reasonable ground to believe of its existence. Second, knowledge or reasonable grounds to believe that entrant is within vicinity of the danger or that he may enter into vicinity, finally, ‘the risk is one against which in all the circumstances