The law of the defences to actions for tortiously inflicted death and Essay

The law of the defences to actions for tortiously inflicted death and serious injury lacks any conceptual coherence. It would be - Essay Example However, legislation in respect of this has reduced the scope of such defences. A general analysis of the defences would be made and their effect in respect of what is required would be considered. Prior to the Law Reform (Contributory Negligence) Act 1945, contributory negligence of the Plaintiff would constitute to be a complete defence in respect of claims of negligence. The Act allows courts to allocate responsibility in respect of damage and attribute it accordingly between the defendant and claimant and then to apportion the claimant’s damages, thus making it a partial defence. Contributory Negligence is a defence which makes available a partial defence in respect of a claim in tort. The aspect of this defence is primarily concerned with the fact that the claimant was careless and this was a material cause in respect of the loss that he suffered. The defence therefore operates as a partial exclusion as to liability. The Act has simplified the law in respect of the defenc e. ... respect of the modern defence, that is, causation; concept of claimant’s fault; what is the position in respect of special elements in relation to certain claimants and how what they be accounted for; how the loss would be apportioned; and how the defence is to apply in respect of torts apart from negligence. The problem in respect of causation is the fact that the apportionment has to be made in accordance with the causation and takes into account the plaintiff’s carelessness as can be seen in McLew v. Holland and Hannen and Cubitts (Scotland) Ltd.1 whereby it was held that the plaintiff’s act was novus actus interveniens and therefore the chain of causation was broken. The last opportunity rule, even though, been discredited, was used in this case. However, the courts in Reeves v. Commissioner of Police for the Metropolis2 found that even though the deceased committed suicide, the causal link had not been broken. As far as the claimant’s fault is concern ed, there is no requirement of a duty of care being owed and the Act merely requires an act or omission and therefore torts, other than of negligence are also covered. After an evaluation of the contributory negligence that court would decrease the damages of the claimant ‘to such an extent as [it] thinks just and equitable having regard to [his] share in the responsibility for the damage’ (Law Reform (Contributory Negligence) Act 1945, s.1. The evaluation in respect of the deduction is therefore left at the discretion of the judges and an evaluation in this respect was made by Lord Denning in Davies v. Swan Motor Co.34 Damage in respect of Contributory Negligence include but is not limited to loss of life and personal injury. Thus it can apply to cases of pure economic loss as well. There have been

Documented Critique Essay Example | Topics and Well Written Essays - 1000 words

Documented Critique - Essay Example There are many factors which are responsible for political opinions of any individual. In this the role of print and electronic media cannot be overlooked. The role played by electronic media for forming political opinions is indeed very clear for everyone to see. Political opinions are categorized as â€Å"Right Wing†, â€Å"Left Wing†, â€Å"Moderate†, â€Å"Liberal†, and â€Å"Conservative† etc. These terms are used for people, parties and media groups. Every political party wants to increase its vote bank and in order to achieve this use of media, particularly electronic media, comes into play. Forming political opinion is not an easy job in modern times. There are countless channels available on satellite, cable and internet. These elements are playing a major role in shaping the political opinion of public. Since every political party is aware of this fact therefore different media groups are supported by different political parties. This supp ort is normally covert as open support can prove damaging. In USA there are many media groups and they have a very strong say in political affairs. Different channels represent different political ideologies. They have a profound effect on the overall formation of political opinion of the population. One of the major US news network is Fox News. It is one of the most popular news channel and has variety of shows and programs to attract viewers. â€Å"The O'Reilly Factor† is a popular talk show of Fox News. It started as â€Å"The O'Reilly Report† in 1996. It is aired at 8 and 11 pm ET on weekdays. The O'Reilly Factor is a talk show which focuses on different political issues. The political views of the host are conservative. He presents his views as if he is a neutral commentator but has a special bias against the liberals. Whenever I watch the show my perception, that it is a biased show, about the show becomes strong. There are numerous instances in which the host fa ils to keep a balanced view and as a result put himself in trouble. It can be a media stunt also in order to attract viewers or increase ratings. Whatever the reason may be the fact remains that The O'Reilly Factor is a show, which presents an unbalanced view. The shows during Second Gulf War were full of one sided view. It was more a propaganda than informative show. The approach adopted during the war time was to justify every action of the Bush administration and ridicule those who were against the war. Saddam Hussain was presented as an evil figure. No doubt former Iraqi president was not a person to be appreciated but honesty demands that viewers should have been informed about all the facts. O’Reilly did not inform his viewers that it was USA support which helped Saddam Hussain in ruling for such a long period of time. Different US presidents helped former Iraqi president and this fact was never mentioned by Mr. O’Reilly. It was in the favor of US administration to support a dictator and therefore the attitude of different US administrations toward Saddam was very lenient. All human rights violations and tortures of Saddam regime were never mentioned as the policy of US government required the continuation of Saddam’s regime. Had O’Reilly presented this aspect to his viewers then without doubt his show would have been a balanced one but these facts were never uttered and the result was an unbalanced show. O’Reilly was quick to mention that weapons of mass destructions were in Iraq. He mentioned that they

Taking a Community Sociolgical Inventory Coursework

Taking a Community Sociolgical Inventory - Coursework Example I would therefore like to seek your opinion regarding it. Kindly let me know what you think of the contributions of individuals, federal and the Arizona state governments on the educational provisions by the Liberty Elementary School and the Paradise Valley Unified School District at large (U.S. Department of Education, 2013). As a course mentor, I would like to seek your opinion regarding my list of social inventory. Having conducted an extensive on the educational climate of Liberty Elementary School, I came up with the following list (in order of priority): This paper is mainly based on the research conducted about Liberty Elementary School and its immediate surrounding. As a matter of fact, the prosperity of education in a school relies on both internal and external factors. A part from the school set up, the immediate community in which it is located, great determine its success. Liberty Elementary School is located within Paradise Valley Unified School District, Arizona State (Button, H. Warren & Provenzo, E.F., Jr., 2009). The 1977 established institution offers preschool through sixth grade. Currently, it has a total population of 600 pupils. Evidently, Liberty Elementary School was founded in 1877. As an institution, it has undergone a lot of changes in its growth. Initially, it had a total population of 30 learners (U.S. Department of Education, 2013). This number significantly increased as it expanded and grew over the years. According to the latest school records, it currently has a total population of 600 pupils. This number has been steadily increasing over the years. By 2004, it had only 390 pupils. This increased to 500 in 2008 before increasing to 520, 550, 570, 580, and 600 in the years 2009, 2010, 2011, 2012 and 2013 respectively (U.S, Census Bureau data, 2013). According to the school administration, it is a policy to provide quality education to the learners. This has been accomplished through

Alu elements

Alu elements Introduction For centennials scientists and laymen alike have been awe-inspired and intrigued by the phenomena that is Alu elements. It is a family of short interspersed repeats that have mobilized throughout primate genomes by retrotransposition over the past 65 million years of primate evolution (Comas et al., 2001). Alu elements are regarded as Sort Interspersed Nuclear Elements (SINES) whose length spans 300bp. In close proximity to the centre of the Alu element itself, is a recognition site for the restriction enzyme Alu I, of which its name is ascertained. These Alu elements accounts for 5% of the human genome and is believed to have arisen from a gene that encodes the RNA component of the recognition molecule (Smith, 2005). Alu is a transposable DNA sequence that has the ability to repeatedly copy and insert itself into new chromosome loci i.e. jumping-genes. More specifically Alu is a retroposon it necessitates the retrovirus enzyme reverse transcriptase to produce an identical copy of itself that has the capacity to be mobile. This is achieved when the inserted Alu, by processes of RNA polymerases, is transcribed into mRNA. The newly formed mRNA is converted to a double stranded molecule. This is accomplished by the action of reverse transcriptase. In the end, at any new chromosomal locus at the site of a single or double stranded break, the DNA copy of Alu is integrated (Robinson, 2005). In order for an Alu element to self transcribe, each has an internal promoter for RNA polymerase III. Nevertheless, it lacks the ability to produce a copy of itself. Furthermore, to integrate this copy into a new chromosome position. But other transposons the very functions Alu lacks. One of these other transposons is L1, a Long Interspersed Nuclear Element (LINES), as a results of LINES ability to retain a functional reverse-transcriptase gene. In addition to LINES ability to reverse transcribe RNA to DNA , L1 reverse transcriptase is also able to produce single stranded nicks in DNA. If a chromosomal locus contains the sequence AATTT, the reverse transcriptase enzyme will produce a nick the polyadenalated tail of the Alu transcript hydrogen bonds to the TTT sequence at the nicked site. Thus creating a primer for for the reverse transcription. Enabling the DNA copy to migrate (Fisher, 2007). This representation depicts the efficiency of L1. Moreover, how L1 provieds the the fuctions for Alu tranposons. In essence, it shows how Alu is a parasite of L1 i.e. a remnant of an ancestoral retrovirus (Kass et al., 2007). This study examines PV92, a human-specific Alu insertion on chromosome 16 and which belong to the subfamily Alu Y. The PV92 genetic system has only two alleles indicating the presence (+) or absence (-) of the Alu transposable element on each of the paired chromosomes. It is aimed at extracting DNA, amplifying it and running it on a 2% agrose gel. The results attained will be analysed for the possible Alu insertion or deletion. It is hypothesised that with the aid of specific molecular biology techniques, analysis of the PV 92 Alu element can be achieved and the population will be in Hardy-Weinberg Equilibrium. Method And Materials A) DNA Samples For approximately 1minute, sterile nylon swabs were rubbed inside the cheek. The swabs were then placed in 250 µl of QuickExtract and rotated in such a manner that no solution was spilt. Thereafter, swabs were pressed against the sides of the tubes, removed the tubes were closed. The tubes were vortexed for 10seconds and incubated for 1minute at 65 °C. A second vortex then followed for 1seconds. The tubes were then incubated for 4minutes at 98 °C. Upon completion, the tubes were re-vortexed for 15seconds. With the use of a nanodrop, the DNA of each tube could be quantified. The expected yield for each tube was 20ng/ µl. B) PCR Conditions In a final volume of 150 µl, a standard master mix was prepared. Each master mix comprised 1x reaction buffer, 200mM dNTP mix, 1.5mM MgCl2, 1 µM of each primer and 0.016U/ µl of Taq polymerase. Following a 1:1 dilution, the DNA stock was diluted to a concentration of 15ng/ µl. The reaction was set up by mixing 15ng of DNA to a master mix which was made up to a final volume of 25 µl. Finally, the preparation of the negative control followed containing 24 µl of master mix which was made up to a final volume of 25 µl. The reactions were then run for 30 cycles by means of the subsequent constraints: 95 °C 1min, 55.5 °C 1min, 72 °C 1min and 72 °C 7min. This was then held at 4 °C. C) Gel Electrophoresis In an Erlenmeyer flask, 2g of agrose powder was weighed out and 100ml of 1x TBE was added. The agrose was dissolved by heating in a microwave oven. The solution was then cooled and 1 µl of EtBr was added. The agrose was then poured into a casting tray with a comb and this was allowed to set at room temperature. Of the PCR product, 10 µl was mixed with 1 µl loading dye. Then 10 µl of the newly formed sample was loaded onto the gel alongside the MW marker. Using a UV light, the DNA fragments could be visualised and photographed. The size of the amplified product could then be attained. Results Frequencies for a class of 70 students ++ = 35 individuals +- = 30 individuals = 5 individuals Therefore the total number of alleles = 140 Allele frequency distribution of the ++ and allele in the Normal Population Allele frequency for ++ allele = [(++ x 2) + (+-)] à · (n), where n= number of alleles in the whole population Therefore: Allele frequency for ++ allele = [(35 x 2) + 30] à · (140) =0.714 =71.4% Allele frequency for allele = [( x 2) + (+-)] à · (n), where n= number of alleles in the whole population Therefore: Allele frequency for L allele = [(5 x 2) + 30] à · (140) =0.286 =28.6% Observed Frequencies (OF) OF = Number of individuals for a specific allele à · total number of individuals in the sample Therefore: ++ allele = 35 à · 70 = 0.50 +- allele = 30 à · 70 = 0.43 allele = 5 à · 70 = 0.07 Hardy-Weinberg Equilibrium (HWE) The formula for determining HWE = p2+2pq+q2 Therefore: HWE = (0.714)2 + [2(0.714 + 0.286)] + (0.286)2 = 1 Comparison of observed frequencies with expected frequencies Observed Expected (O-E)2 à · E ++ 50 51 0.0196 +- 43 41 0.0976 7 8 0.1250 Total ∑ 0.242 For degrees of freedom = 1 and a 95% probability, the critical value attained from the Chi square table is 3.843 Discussion The results attained depicted that 35 individuals in the sample were homozygous for the insertion, while 30 were homozygous for no insertion. Only 5 individuals in the sample were heterozygous. This shows that a greater percentage of the population can pass on the PV92 insertion to their offspring. The allele distribution frequencies of the ++ and +- allele in the normal population revealed that 71.4% of the population was ++ which is just below 2 ½ times more that the 28.6% attained for the allele. The observed frequencies materialised similar results. The ++ allele had the highest frequency with +- having the lowest. Once more, the allele was the intermediate. When comparing the observed frequencies to that of the expected frequencies, the critical value attained was 0.242. With the respects to the Chi square table, for degrees of freedom being 1 and for a 95% probability, the critical value was 3.843. The Hardy-Weinberg principle implies that both allele and genotype frequencies in a population remain stable i.e. equilibrium, from cohort to the next except if specific disturbing influences are launched. Those comprise non-random mating, mutations, selection, limited population size, overlapping generations, random genetic drift and gene flow (Wikipedia, 2010 and Roux, 1974). With the above mentioned, it was attained that the sample was found to be in equilibrium as the calculated critical value was less than the one attained from the Chi square table at a 95% probability. Therefore, it can be said with much certainty that the hypothesis made was true. References * Comas, D., Plaza, S., Calafell, F., Sanjantila, A. and Bertranpetit, J. (2001). Recent Insertion of an Alu Element Within a Polymorphic Human-Specific Alu Insertion European Journal of Pharmacology Molecular Pharmacology Section, 247, 239-248 * Fisher, L. (2007). Alu Frame-set. (Online) (Cited 28 March 2010) Available from http://www.geneticorigins.org/pv92/aluframeset.htm * Kass, D., Jamison, N., Mayberry, M. and Tecle, E. (2007). Identificatin of a unique based Alu-polymorophism and its use in Human Population studies. Journal of Genes. * Robinson, N. (2005). PV92 Locus Alu: How to Track Human Migration Following This Gene Insertion. (Online) (Cited 28 March 2010) Available from http://www.associatedcontent.com/article/1452910/pv92_locus_alu_how_to_track_human_migration_pg2.html?cat=58 * Roux, C. (1974) Hardy-Weinberg Equilibria in random mating populations. Theoretical population biology. 5: 393- 416 * Smith, A. (2005). What is PV92? (Online) (Cited 28 March 2010) Available from http://www.fbr.org/swksweb/pv92.html * Wkipedia (2010). Hardy-Weinberg principle (Online) (Cited 28 March 2010) Available from http://en.wikipedia.org/wiki/Hardy%E2%80%93Weinberg_principle

Amendments that Make U.S. Citizens Equal Essay -- 15th amendment, freed

Wouldn’t it be wrong if the women in the United States could not vote? Aren’t elections about coming together as equal United States citizens to vote for a candidate? The 19th amendment of the US Constitution states, â€Å"All US female citizens have the right to vote†. Men and women were not treated as equal Americans. The 19th amendment gave women the same rights as men. The 15th amendment of the US Constitution states, â€Å" The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude.† Freedom and equal right amendments are important because they represent what America stands for and that’s a free country. This reminds us that we as citizens should participate in any election, not because I say so, simply because not all American citizens were able to vote at a point in time and fought so that you could today. The 19th amendment was passed by Congress on June, 4 1919 but wasn’t ratified until August, 18 1920. The 19th amendment of the US Constitution states, â€Å"All US female citizens have the right to vote†. Men and women were not treated as equal Americans. Many women were only considered housewives at the time. Men wanted women to stay home and take care of the children while the men would bring in the income. It was expected of women like it was traditional. But like all humans you have the ones who will stand up and fight for a change. Women wanted to be educated and were willing to work and make their own decisions. Some women protested, went on hunger strikes, and even jailed fighting for their rights. Women started conventions, groups, anything that could help fight for some equal rights. The 19th... ...n Luther King would make sure there was equal rights for all United States Americans. Overall, The 19th amendment of the US Constitution states, â€Å"All US female citizens have the right to vote†. Men and women were not treated as equal Americans. The 19th amendment gave women the same rights as men. The 15th amendment of the US Constitution states, â€Å" The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude.† Freedom and equal right amendments are important because they represent what America stands for and that’s a free country. This reminds us that we as citizens should participate in any election, not because I say so, simply because not all American citizens were able to vote at a point in time and fought so that you could today.

Letter To My Future Self Essay

I hope that time has been kind to you. I hope your high school experience was what you hoped it would be, and I hope you lived it up in college. I can’t sit here and say I know what growing up was like, because I don’t. I also can’t say that from what my parents have told me that it was easy. I know your plans in life were to go far, and reach for the stars and I have no doubt that you haven’t done that. I hope that where you are right now, is where you want to be, and if it isn’t, don’t give up, keep pushing. Remember you are the only person who can control your happiness. Depending on what age you are reading this, hopefully you have a special boy in your heart, whether it be the ginger you spent your 8th, freshman, and sophomore years hung up on, or it be someone new. I hope they give you their best, and nothing less, because thats all you deserve. see more:future me essay Hopefully you have the career you wanted, which sophomore year you were interested in pharmaceutical work, who knows where you have ended up, but hopefully you are more decisive than you were back then. As a child, you had dreams of going big. You never would settle for ordinary. The first time you got a B+ on your report card in 4th grade you cried, because that was your first B+ ever. Those were the best times, yet you’ve probably experienced many more within the time frame you wrote this letter. You wanted to be a model at one point, and you used to love when dad painted your nails and dressed up with you and let you do his hair.

First Extended Stay Away from Home Essay

The Cathedral Effect Emotions are a thing that nobody escapes themselves from, no matter how hard they try. They are something we are born and die with. Emotions are the also a foundation to how we see things. If someone is sad then most of the things they come across will be viewed as sad. Now, if someone is happy or open minded then they will deal with things they come across much better. In Carver’s short story â€Å"Cathedral†, the narrator is jealous and bitter. This causes his views to be distorted to something that is not correct. His wife’s friend comes and he is mean and jealous towards him. If the narrator changed his mood, then he would see things in a new better perspective. In â€Å"Cathedral†, written by Raymond Carver, the narrator starts off as a bitter man with a bad attitude of mind who changes throughout the story as to have a better attitude which results being more open minded and having a better aspect at life. At the beginning of the story, the narrator is a jealous and bitter husband. Although he has no reason to as he does not acknowledge his wife very much. The narrator is very lonely, â€Å"Every night I smoke dope and stay up as long as I could before I fall asleep.† The narrator could go with his wife instead of staying up all alone. When he does this it only shows how lonely he really is and how much he does not communicate with his wife. Maybe if he talked to her he would understand her and would feel comfortable when her blind friend came to visit. The narrator was not so excited for the visit, â€Å"My idea of blindness came from the movies†¦the blind moved slowly and never laughed†¦a blind man in my house was not something I looked forward to.† Clearly the narrators perception of blind people is very close minded as he only thought of blind people to fit stereo types. He has no idea what blind people are like and only goes with his own poor judgment. If h e changed his attitude towards things like these then maybe he would be able  to understand his wife and even the blind man. Later on in the story he begins to change just slightly. At first when the blind man arrives he only makes rude comments and stares as his wife smiles and interacts with him. Later though he begins to talk with him, â€Å"I asked if he wanted to smoke some dope with me.† The narrator invites Robert, the blind man, to smoke with him which is something he usually does by himself. It is not much but it is a step towards getting to know the man. As they smoked, his wife fell asleep and eventually left to sleep in her own bed. Robert and the narrator stayed up and watched television and as they watched it, a Cathedral came up. The narrator tried to explain the cathedral to Robert but failed to do so, â€Å"I stared some more at the Cathedral before the picture flipped into the countryside. There was no use.† Although the narrator was sharing thoughts with Robert, it was still not enough. The narrator soon gave up when trying to explain the Cathedral to Robert instead of tryi ng harder to help Robert picture a Cathedral in his mind. He did change his attitude a bit by communicating with Robert, but not enough. As the story concludes, the narrator has an epiphany. They continue to watch television when the blind man has an idea as to how the narrator could show him how a Cathedral looks like. Robert tells him, â€Å"I got an idea. Why don’t you find us some heavy paper? And a pen. We’ll do something. We’ll draw one together.† Robert suggests an activity that will benefit him and the narrator will be helpful. The narrator looks for what Robert requested and comes back after a while so they could do whatever he wants to do. Robert found the narrators hand and they began to draw a Cathedral together. The narrator guides the pen and Robert following along like a shadow. As the narrator was drawing the Cathedral he closed his eyes and thought, â€Å"His fingers rode my fingers as my hand went over the paper. It was like nothing else in my life up to now† This is where the narrators epiphany occurs. He finally sees something differently in life that changes his attitude towards many things. He experienced being blind for once and in a good way not in a bad way. Before he was blind intellectually and as to how people were. Now he was blind physically and it benefited him much  more than his useless jealous stereo typical thoughts. All he had to do was experience something that he had no insight towards. Lots of times humans let their emotions dictate the way they view life. Due to this, we should all try and be content and keep a positive attitude. If we keep a positive attitude then things won’t seem so harsh, miserable, or as lonely. If we have a negative attitude though, then things will be harder for us to understand and harder to interact with all sorts of different people. Sometimes it takes an experience that leads to an epiphany in order to change our attitude in life. In Raymond Carver’s story â€Å"Cathedral†, the narrator is a perfect example of someone having an epiphany that changes their attitude and view towards life. There’s always hope for everyone, you just need that extra push to have a better view towards things.