The Things They Carried By Tim O Brian - 935 Words

Othering is the social outcasting of those who are different then the masses. This is the justification behind such events as the holocaust, segregation and assimilation. Today many books illustrate this. The book The Things They Carried,Tim O’Brian portrayed a character named Mary in the Sweetheart Song of Tra Bong. In Muas authored by Art Spiegelman the jews are othered in the most horrific way. Cristina Henriquez in her novel The Book of Unknown Americans she depicts the character Maribel is other because of her mental disability. During the Vietnam war the soldier had the most devastating ptsd often to comp the soldier would turn to things that would remind them of home. Mary is brought to Vietnam to comfort her man in such a place of turmoil. The men does not mind her presence and joke with each other about it. One man comments â€Å"‘A real tiger,’ said Eddie Diamond. ‘D-cup guts, trainer-bra brains.’† (92). The men like having a women a round to tease her boyfriend about. Although the men are not malicious towards her, their mindset about Mary is a form othering. She brakes this subordination by daring to mingle with the natives. the men so resent her â€Å"The girl joined the zoo. One more animal – end of story.† 102 it was like she switched breeds. this depict the deep rooted resentment the solders have for the vietnamese for because of them they had to be in the hell of war. By the end of the story Mary is a new women. In her last appearance she is in theShow MoreRelatedFake Love in The Things They Carried by Tim O ´Brian Essay518 Words   |  3 Pagesthe war is over. Jimmy Cross, for example, feels bereft after the war because his hope for happiness in Martha is dashed by her rejection.† (Loneliness and Isolation.) While reading the book The Things They Carried by Tim OBrian, a reader can easily come across many items that represent certain things for the carrier. All these items are symbols for those men and women. For Example, Lieutenant Jimmy Cross â€Å"humps† --a word OBrian used at the beginning of the book to open this point-- his love forRead MoreAnalysis Of The Movie The Vietnam War 917 Words   |  4 PagesForrest Gump , it is an alienating subject to most of the people on this earth. And while most of us, hopefully, will never find out what war feels like, smells like or how it is to get out of it, Tim O Brian s account makes it relateable to us how dreadful it is how it is to be in a war zone. O Brian frequently uses repetition in his story. He frequently mentions the weight of their equipment, and what they carry. While this seems redundant to mentions, as they are afterall in a war and needRead MoreThe Effect of Vietnam War on the Soldiers1679 Words   |  7 PagesMinh seem to look up to the United States, their declaration of independence is prove of that. The United States involvement was so controversial because to some people the U.S was trying to stop heroic Vietnamese national liberation movement (CITE). Tim O’Brian was a university graduate when he got drafted to go to war, he wrote several short stories about the Vietnam War and the war experience. He gave a voice to all the veterans who were afraid of speaking about their war experience His writing servedRead MoreCadbury Report26174 Words   |  105 Pagesaddressed to: The Secretary Committee on the Financial Aspects of Corporate Governance Up to 31 Decemher~ 1992 P.O. Box 433 Moorgate Place London EC2 P 2BJ Tel: (07 I) 628-7060 ext.2565 Fax: (071) 6281874 From 1 Ja/rrrar~y 1 9 9 3 c/o The London Stock Exchange L o n d o n EC2N IHP Tel: (071) 797-4575 Fax: (071) 4.1~0:6822 Additional copies of the report may be obtained from: Gee (a division of Professional Publishing Ltd) South Quay Plaza 183 Marsh Wall London El4 9FS Freephone: (0800) 289520 Fax:Read MoreGes Two-Decade Transformation Jack Welchs Lea11469 Words   |  46 PagesSBU-based structure and its sophisticated planning processes. Soon, however, Jones was unable to keep up with reviewing and approving the massive volumes of information generated by 43 strategic plans. Explaining that â€Å"the review burden had to be carried on more shoulders,† in 1977 he capped GE’s departments, divisions, groups, and SBUs with a new organizational layer of â€Å"sectors,† representing macrobusiness agglomerations such as consumer products, power systems, or technical products. In additionRead MoreProject Managment Case Studies214937 Words   |  860 PagesEDITION - PROJECT MANAGEMENT CASE STUDIES, SECOND EDITION HAROLD KERZNER, Ph.D. Division of Business Administration Baldwin-Wallace College Berea, Ohio John Wiley Sons, Inc. This book is printed on acid-free paper. @ Copyright O 2006 by John Wiley Sons, Inc. All rights reserved. Published by John Wiley Sons, Inc., Hoboken, New Jersey Published simultaneously in Canada No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any formRead MoreGe- Evo Project9203 Words   |  37 Pages9-907-048 REV: JUNE 30, 2008 CHRISTOPHER A. BARTLETT BRIAN J. HALL NICOLE S. BENNETT GE’s Imagination Breakthroughs: The Evo Project As he prepared for the December 2006 meeting with GE’s CEO Jeff Immelt, Pierre Comte faced some difficult decisions. Only eight months into his job as chief marketing officer (CMO) of GE’s Transportation business, Comte would be presenting Transportation’s recommendations on some of the most visible growth initiatives in its locomotive business—projectsRead MoreUsing Stata for Principles of Econometrics73612 Words   |  295 Pagesfiles and other resources for POE can be fuund at http://stata.comitextsls4poe. We w! lcome con;unents on this book. and suggestions for improvement. We would like to acknowledge the help of the Stata Corporation, and in particular Bill Rising and Brian Poi. for answ~g many of our questions. m Lee C. Adkins Department of Economics Oklahoma State University Stillwater, OK 7407.8 lee.adkins@olrstate.edu R Carter Hill EconomicS Department Louisiana State University Baton Roug.e, LA 70803 Read MoreHbr When Your Core Business Is Dying74686 Words   |  299 Pagesthe same tim balancing the needs of e, producers and consum ers is as crucial as increa sing supply and curbin g demand. Only then wil l the world enjoy energy peace-of-mind. Succeeding in securing energy for everyone doe sn’t have to come at the exp ens start to think differently e of anyone. Once we all about energy, then we can truly make this promise a reality. $15 hips over ket. ners part r sting Inve gy to ma ough †¢ y thr ener s nerg llion able ing e f mi elop ntries. Dev cou ds o d renewRead MoreService Quality and Customer Satisfaction in Public and Private Universities in Tanzania22790 Words   |  92 Pagespressures have forced universities to search for strategies to retain students. Among them being maintenance and improved services, at the same time attempting to balance their budgets. Therefore, service quality and student satisfaction are two things that move single handedly if the quality of services is not all that good then it means that students will not be satisfied with the services that are provided by university. The research study intended to establish how service quality attributes

Strategies For Work Life Balance - 1486 Words

The purpose of this paper is to discuss strategies for work-life balance. It focuses on outlining the importance of work-life balance by assessing short and long-term goals and deciding priority, timing and support needed. â€Å"The pursuit of a meaningful, multifaceted life involves endless choices about both short-term tactical issues and long-term strategic ones.† (Sinoway, 2012, p. 111). Life is too short to focus on a single area (e.g., work) and we cannot expect to have it all and to do it all with perfection, so it must be a way of life to prioritize, plan and achieve while pursuing a healthy balance between work and home/personal commitments. The theme of both papers is providing a framework for work-life balance. No, You Can’t Have It All discusses seven dimensions (family, social and community, spiritual, physical, material, avocational, and career) that drive our needs and aims to help assess and identify the dimension(s) most important to us depending on circumstances/timing and â€Å"what aspects of our lives we value most and how we value those things in relation to one another.† (Sinoway, 2012, p. 112). Manage Your Work, Manage Your Life discusses five themes developed as advice from executives on work-life balance: defining success for yourself, managing technology, building support networks, selectively traveling or relocating, and collaborating with your partner. I chose this theme as a reminder of the importance of work-life balance when setting goals andShow MoreRelatedTalent Management, Work-Life Balance and Retention Strategies3829 Words   |  16 Pages----------------------------2-3 Influence of human resource strategies on retention--------------------------------------3-5 Using retention as a strategic HR tool ----------------------------------------------------------5-6 Talent management – a tool for employee retention ---------------------------------------6-7 Challenging assignments and retention ---------------------------------------------------------7 Work-life balance and retention -----------------------------------------------------------------8 Read MorePersonal Statement For Employee Development Essay783 Words   |  4 Pagespromoted, inexperienced, and unsupportive supervisor had created an undesirable work environment. This manager strictly enforced a traditional work schedule without consulting the organization’s guidelines for employee development, which included flexible work schedules. By doing this, the supervisor refused to consider the other employee’s need for work-life balance. The department staff did not receive the loss of flexible work arrangements well. The young woman was the first to leave, but within sixRead MoreMajor Strategies For Family And Work Balance1514 Words   |  7 PagesIn the textbook, Family Life Now, the author, Kelly J. Welch, discusses the ten strategies for family and work balance. Obviously, sometimes the stressors in life and the struggles that work brings can definite ly effect people and inhibit a relationship from being successful. According to a 2001 study examining â€Å"47 married couples who appear to successfully manage both spheres† (Welch, 409), the 10 major strategies to balance family and work are as follows: â€Å"Value Family, Strive for Partnership,Read MoreLifestyle in Balance1448 Words   |  6 PagesWork Life Balance Brief Introduction: As life is getting developed the living style is getting high in several regions around the world which shape a more expensive life that leads male and female for more working hours or to have more than one job to get affluent life. The prior factor additionally the following factors, the workforce is getting older and technology has changed the way we work rapidly, Set off alarm bells of a significant problem which is the conflict between paid work, unpaidRead MoreA Brief Note On Work And Life Balance1695 Words   |  7 Pages Work and Life balance has become a consequential topic about a few decades ago up until today. Work-life balance was originally derived in the 1970’s to refer to the balance that exists in one’s professional life and personal one (Newman Matthews, 1999). In the past decade or so, there has sparked a curiosity in the work-life balance realm. More and more studies and research came about on the topic and attracted the attention of scholars, the government, press, etc. This increase in curiosityRead MoreReflection Paper On Work Life Balance1500 Words   |  6 Pagesreflection paper, the topic I have chosen to cover relates to work-life balance. Work-life balance, to me, is extremely important when it comes to a job, mostly because of how important my family and loved ones are to me. If I had to choose between a job with high pay, but barely any work-life balance, and one with lower pay, but fairly good work-life policies in place, I would choose the latter. That being sa id, I have chosen this topic to work on because of how strongly I feel about it. Over the courseRead MoreBenefits Of Work Life Balance Policies And Practices1501 Words   |  7 PagesBenefits of Work Life Balance Policies and Practices Introduction In the recent past, there has been experienced aggressive pressure for organizations to perform better, faster in additional to being extra cost effective. As a result, breakdown in the customary employment contracts has been experienced and the long-term employment perception is no more. This means that companies have to accommodate different demand and supply factors which include the need for a low cost, flexible and secure workforceRead MoreWork Life Balance1355 Words   |  6 Pages1. Introduction Work-life balance is defined as the ability to prioritize between work and a personal life to achieve what the Centers for Disease Control and Prevention describes as total worker health. It is simply balancing a career with leisurely and pleasure-inducing activities, such as exercising, spending time with family and friends, and enjoying the things that make one happiest (Centers for Disease Control and Prevention, 2015). However, work-life balance is more complicated than theRead MoreComparative Study between Government and pvt hospitals839 Words   |  4 PagesAnalysis of Work Life Balance of Female Nurses in Hospitals - Comparative Study between Government and Private Hospital in Chennai, TN., India I. INTRODUCTION A. Health Care Industry – An Overview As the saying goes – â€Å"Health is Wealth†, health is considered as the most important phenomenon in today’s world which determines the wealth of the country at large. The health care industry in India is one of the largest economic and fastest growing professions. In order to create a balance betweenRead MorePersonal Reflection Paper1371 Words   |  6 Pagesyears of life. Invidious comparison and vicarious traumatization can both be damaging to yourself and other people involved. That is why Id like to take the time to explain a few important topics on invidious comparison and vicarious traumatization, such as; how to stop invidious comparison, identify strategies that I currently use to avoid vicarious traumatization in my personal life, how those strategies will help me avoid vicarious traumatization as a human service worker and what strategies I could

The Issues Regarding Race, Culture, And. - 1557 Words

Today, we face various challenges regarding race, culture, and (1) bring in as many topical inquires as possible, (2) discuss the interlinkages between those topical inquires with your interpretations and critical analyses, and (3) base your answer on illustrative ethnographic studies and empirical examples. You can modify and incorporate your mid-term answers into the final paper. For references of the final paper, only the textbook and other references cited or mentioned in the textbook, powerpoints, and your mid-term answers can be used. So I’ve organized it in 3 parts or topics and they all overlap: 1. Immigration/Race/Racism 2. Cultural Superiority 3. Syria – World Problems 1. In the US, racism is a well known issue. From racial profiling to other issues such as affirmative action, police brutality against minorities and the history of slavery and the rising resentment against immigrants. Since the horrific terrorist attacks on the United States on September 11, 2001, Security concerns have understandably increased, but so too has racial profiling, discrimination etc. In the early aftermath of the attacks some Americans that were understandably outraged and horrified, even attacked some members of the Sikh community where at least one was even killed, because they resembled certain types of Muslims, with beards and turbans. Various people of Middle East or South Asian origin have faced controversial detentions or questionings by officials at American airports. ThisShow MoreRelatedIntercultural Counseling Case Study1281 Words   |  6 Pagesof career options. With the growing population becoming more and more diverse, career counselors will need to be more responsive in the communities that they serve. When addressing issues of diversity, counselors need to be familiar with the influences of cultural components such as gender, socio economic status, culture and age as contributing factors in career development (Rush, 2012). The purpose of this paper is to highlight the presence of cultural biases demonstrating how it influences the developmentRead MoreWhite As A Race?1241 Words   |  5 PagesIn her essay, Morrison consistently makes sure to emphasize the fact that white is a race—even though we fail to acknowledge this in society. When discussing race, white is usually left out of the conversation; white functions as the standard and as above being racialized in a sense, while every other skin color is compared to this â€Å"standard† and categorized accordingly. Deveare Smith also emphasizes white as a race and tries to un-construe this backwards idea of white as the standard in her performancesRead MoreRace And Ethnicity Searches For Equality1232 Words   |  5 PagesThe study of race and ethnicity searches for equality throughout all racial and ethnic groups though we find that inequality is still a common issue. Racial and ethnic groups are expanding and outnumbering the dominant fo rce, however, minority groups still have no rule against the dominant force. A minority is a subordinate group whose members have remarkably less control or power over the dominant force.(pg.4) Groups are ranked by pinpointing unique features of an individual in order to define themRead MoreProblems with Ethnicity and Race in the Classroom855 Words   |  3 Pages1104: Ethnicity and Race remain significant problems in today’s British education system. Discuss. In today’s British education system there still are significant problems regarding ethnicity and race. The problems include the idea that specific races are not doing as well as their counterparts even though they may be taught in the same way yet there are suggestions to say that the education system is institutionally racist. Can this explain why some races do better than other races? Ethnicity relatesRead MoreAnnotated Bibliography: Segregated Schools794 Words   |  3 PagesStudents May Pass a Separate but Equal Analysis but Fail Other Issues and Concerns. William Mary Journal of Women and the Law, 12(1), 101 135, 2005. This article was selected to broaden the context regarding segregation. Segregation is traditionally considered with respect to race in the United States. Nappen takes the concept of segregation and applies it to sexual orientation. The author examines the trajectory of segregation of race and segregation of sexuality in an attempt to consider radicalRead MoreEssay on Walgreens Diversity Issues1644 Words   |  7 PagesWalgreens diversity issues: A weakness that was gained subsequent to the information gathered from research and surveys is that as a company it is true that diversity is practiced but may differ at stores; stores tend to lack a wide range of diversity. One may ask how that is possible. Let me explain stated Wasson, â€Å"We understand that we serve our customer and patient best when our workforce and suppliers reflect our communities† (Walgreens.com/diversity) which may be beneficial on a financial stanceRead MoreEssay on Analysis of Joy Williams Save the Whales, Screw the Shrimp890 Words   |  4 PagesWhales, Screw the Shrimp Save the Whales, Screw the Shrimp is an essay written by Joy Williams, about the overwhelming complacency that todays culture shows towards nature.Williams argues in a very satirical way, that todays culture has all but completely lost touch with what nature really is, and that unless we as a nation change our morals regarding the role that nature plays in human existence, we may very well be witnessing the dawn of our own destruction. An Evaluation of: Save the WhalesRead MoreCultural, Ethical and Legal Considerations in Psychological Testing1400 Words   |  6 PagesCultural Considerations in Psychological Testing Culture differs in every part of the world and in these differences; psychology addresses the people who take part in the idea of culture and its practices. In psychological testing, many issues are raised regarding how such tests are appropriate for different groups of people, underlying their traditions, races, and sex. It has always been a challenge for testing and assessment to consider culture and how one cannot apply certain knowledge of psychologyRead More`` Only One `` White `` By James Clifford Essay1387 Words   |  6 Pagesâ€Å"Only one â€Å"white† was listed.†* In 1976 a suit regarding nearly 16,000 acres of land went to the federal court in Mashpee. The trial set out to determine whether the group, called the Mashpee Indians, constituted an Indian tribe. James Clifford’s The Predicament of Culture includes a section on this trial. This Mashpee section provoked questions in my mind about identity, authenticity, race, and ethnicity. With the transcr ipt and his own court notes, Clifford describes the trial as best he can, asRead MoreUnderstand Inclusion and Inclusive Practices in Work1033 Words   |  5 Pagesabout individuals or a group due to their age, gender, race, culture or disability. Anti-discriminatory practice can be defined as words and actions which promote equal opportunities. This means ensuring that all pupils are treated in an unbiased, fair and non-prejudiced way. It means that the schools policies and procedures would have a positive and inclusive strategy towards all children and staff regardless of their race, gender, age, culture or disability. A school whose practice is anti-discriminatory

Human Resource Management and Case Study Bm701dl - 2946 Words

Human Resource Management - Case Study BM701DL Buckinghamshire New University Module Title: Human Resources Management Module Code: BM701DL Student ID No: 21125373 Dissertation Title: Case Study of Hi-Tec International Module Co-ordinator / Tutor: Dorothy Smith Word Count: 2659 Submission Date: 17th September 2011 Sanjeewa Kodikara 21125373 Page 1 Human Resource Management - Case Study BM701DL Table of contents Page Number Executive Summery 3 1. Question1: How effectively Hi-Tec can move 3 In recruitment without justifying Unnecessary spending 1.1. Issues 3 1.1.1. Recruit fresh graduates and train them 3 1.1.2. Advertisement in national newspapers 3 1.1.3. The use of†¦show more content†¦A contemporary approach to human resource planning would be a good solution. According to Armstrong (2005) there are many benefits of this, †¢ To attract and retain people with appropriate skills and expertise. †¢ To develop well trained work force and making them adoptable to everchanging uncertain environment †¢ To reduce dependence on external recruitment and formulating retention and development strategies †¢ To improve people utilisation and introducing more flexible systems at work. Business and resource strategies should be aligned towards business goals. Then a scenario planning should be done which is forecasting on the assumptions when you cannot predict the future. 1.2.2 Internet Recruitment (Using website and more) With advancement of the technology this has emerged as a key stream. According to (Searle, 2006) number of organisations using their corporate web site as recruitment channel has been significantly increased. This is very effective to Hi Tec as the targeted IT professionals are always in touch with internet. In modern world this could be defined as use of cloud computing for recruitment. Also Hi Tec can advertise vacancies on specialist internet Recruitment sites. Alternative ways to recruitment would be †¢ Use of professional groups websites like Linked In †¢ Use of Social Networks like Face book, Twitter and etc The benefit of

Cyber-Attack Countermeasures Essay Example

Essays on Cyber-Attack Countermeasures Essay The paper "Cyber-Attack Countermeasures" is a delightful example of an essay on information technology. Cybersecurity entails the maintaining and protection of computer systems and the information they contain from intrusion, disruption, or malicious damage. Since computer networks have become key elements in both business activities and the running of governments, tampering with them could have grave consequences for organizations, firms, and individuals (Kosat et al., 2010). The question to what degree these individual-level concerns translate into risk for critical infrastructure brought about the coining of the term â€Å"Digital Pearl Harbor† in the mid-1990s which referred to the predictions of a world where hackers would plunge capitals into blackness, poison water supplies, open floodgates, not to mention cause aircrafts to crash into each other. Although the idea could have been far-fetched, nothing is far from the truth and countermeasures need to be developed. It is for a fact that cyber-attack have never produced results predicted by the â€Å"Digital Pearl Harbor† in spite of being thousands of them. Nonetheless, cyber-attacks remain a cause for concern, and there is a need to counter them. Being prepared is a measure by itself. The process of preparation is an ever-ongoing process. It necessitates sharpening the tools used to identify and handle security glitches (Giani et al., 2011). It covers not only the implementation but also the operation of the tools, collecting and sharing information, building recommendations for toughening systems and avoiding network vulnerabilities. At this point, it should be underscored that maintaining a close link with IT Risk management is imperative.Secondly, if an incident happens, the most important thing the victim should do is detect it in a timely fashion. Having working and up-to-date sources of information such as vulnerability reports, and centralized log information originating from acc ess management systems, firewalls, proxies, DNS servers, and so on is crucial. Identifying a threat is critical as it helps in its classification, allowing the victim to establish a procedure of dealing with it (Li et al., 2012).Conclusively, most victims of cyber-attacks have gone through the process due to using obsolete computer technologies to protect themselves from dynamic cyber –attacks. The situation is worsened by a poor detection method. In other words, some victims do not even realize their network systems have vulnerabilities leading to dire consequences from their part.

Amadio Versus Commercial Bank of Australia

Question: Discuss about theAmadio Versus Commercial Bank Of Australia. Answer: Introduction Mr. and Mrs. Amadio argued that the guarantee was not enforceable by the bank since: There was undue influence when they entered into the contract There was omission of information and misrepresentation of facts. Disguise of facts in obtaining the contract. It was duty of the bank to disclose the overdraft of $270,000 to parents of Mr. Vincenzo Amadio. The bank went ahead to offer them the contract while it was well aware that some information was withheld. and Mrs. Amadio believed that they owed the bank $50 000 for six months as it was explained to them by their son Vincenzo. At the time of signing the document the respondents did not only believe that their liability was limited to $50 000, but also that it was limited in point of time. Had they known the true effect of the document they would not have signed it. They were only induced by the words of their son. For this period the banks never bothered to say a word to Amadios. Therefore the contract amounted to unconscionable bargain. The three conclusions that led to reversing the decision of the trial judge by the court of appeal after examination of the facts are as follows, and Mrs. Amadio were influenced to sign into documents whose contents they did not well understand or rather were unaware of. The Vincenzos parents were subjected to certain special weaknesses due their advanced age, lack of the formal education and their inability to speak English fluently which is the formal language in court and documentation plus less experience in the field of business. Misrepresentation and concealment of some information was wholly blamed to the bank since it was their duty to disclose all facts. The banks was bestowed the responsibility because the banks agent on realizing Vincenzo had not disclosed some information to his parents, he never took action, The bank was obligated to present all information regarding the financial status of companies owned by Mr. Vincenzo. It happened the bank took advantage of the aged parents and refused to unveil all facts of the contract. It was argued by the court of appeal that since the contract was unconscionable, remedy to provide relief is equity. This means that the contract was unfair to one party leaving it without option due to its weakness in bargaining power. There is no award issued for inducement into unconscionable contract but both parties are relived off their obligations (Wood, 2007). Sometimes a bank will need a guarantor to give credit to its customer. Guarantor is a person who will pay the debt of a customer if the customer defaults to pay the debt (CCH Australia Limited, 2010). It is important for one to seek legal advice if he or she intends to be a guarantor. If the bank asks for a guarantor, it means that it has no complete confidence in financial position of the guarantor or his ability to service the loan. A person becomes aware of the borrowers financial difficulties when he is called to act as a guarantor. Normally the bank is no obliged to tell the guarantor about financial status of the borrower (Collins, 2009). Therefore the answer to question three part one is no. However in some circumstances a lender may be required to break this norm and disclose the financial status of a client. In specific provisions both the borrower and lender should agree on disclosing this information to the guarantor. For example if there exists an unusual feature in some particular account that is being guaranteed. Failure to reveal this information may amount to implied representation that the unusual feature did not exist (Liability, 2005). References CCH Australia Limited, 2010. Australian Consumer Credit Legislation. North Ryde: CCH Australia Limited. CCH Australia, L., 2011. Understanding Australian Consumer Credit Law. Macquarie: CCH Australia Limited. Collins, H., 2009. The Law of Contract. revised ed. cambridge: Cambridge University Press. Liability, L., 2005. Lender Liability. London: Sweet Maxwell,. Office of The Federal Register, E. b. I. L., 2014. Title 12 Banks and Banking Part 1100 to End (Revised as of January 1, 2014): 12-CFR-Vol-10. Scottsdale: IntraWEB, LLC. Pearson, G., 2009. Financial Services Law and Compliance in Australia. Cambridge: Cambridge University Press. Wood, P. R., 2007. International Loans, Bonds, Guarantees, Legal Opinions. illustrated ed. London: Sweet Maxwell. Yann Aubin, L. d. L. J.-C. V., 2011. International Bank and Other Guarantees Handbook: Middle East and Africa Volume. New York:: Kluwer Law International,.

Torts Of Negligence And Misrepresentation †MyAssignmenthelp.com

Question: Discuss about the Study Of Torts As They Apply To Business Situations, In Particular The Torts Of Negligence And Misrepresentation, But With Some Reference To Other Appropriate Torts As Applicable? Answer: Negligence can be described as situation where one person has a duty of care towards the other person, and in such a case, something is done or there is a failure to do something that would have been done by any other reasonable person and as a result, damage in jail or laws has been caused to the other person. At the same time, the provisions of Civil Liability Act can also be used to evaluate the negligence of a person and the liability faced were such a person due to the negligence of such person. When a person sues the other for negligence, the person seeks financial compensation for the injury caused the loss suffered by it. In such cases, the claimant wants to be placed in the same position where it would have been if there was no negligence on the part of the other person. Some of the examples of negligence in daily life can be given in the form of the situation where a car accident has taken, causing personal-injury or damage to property. Another example of negligence can be given in the form of medical negligence, where loss or injury was caused to a patient. At this way, there are four elements that need to be satisfied for bringing a successful claiming negligence. For this purpose it needs to be seen if:- If the defendant owed the plaintiff, a duty of care If the defendant had breached this duty of care; If any injury or loss has been caused to the plaintiff; If such laws or injury can be described as a direct result of such breach. Thelaw provides that all these factors should be satisfied in order to bring the successful claiming negligence. On the other hand, even if a single element is not satisfied, then the claimant will not be in a position to establish the negligence of the defendant in the court. The breach of duty: for the purpose of establishing that there has been a breach of duty of care, the court considers the standard of care that can be applicable in a particular case, in view of the circumstances of the case (Donoghue v Stevenson, 1932). For this purpose, the applicable standard of care has to be decided by considering what would have been done by any other reasonable person in the same circumstances. Therefore, if it is found that the actions of the defendants were unreasonable or if the actions of the defendant were below the standard that can be expected in such a case, it can be concluded that there has been a breach of the duty by the defendant. Some of the common examples that can be given in this regard are related with everyday activities like driving. Therefore, thelaw expects that all the road users, including the pedestrians will behave in a reasonable way. Some of the examples that can be given regarding the situation where there has been a failure to meet the applicable standard of care include the cases:- Where a driver of a motor vehicle had failed to keep an eye on the road and therefore crashed into the car coming from the front. Where the driver of the motor vehicle was driving too close to the waiter in front and therefore did not have adequate time to stop and crashes in the car in front. If the injury was caused due to breach of duty: There are many cases where it is clear that the injury of the loss suffered by the payment was the result of the breach of duty (Bolton v Stone, 1951). For instance, when a person has slipped on wet floor and suffered serious injuries, then it can be clearly stated that a connection exists between the injuries suffered by such person and the wet floor. On the other hand, there are certain cases, where the cause is more complex (Chapman v Hearse, 1961). For example a person had slipped on the wet floor and injured his arm, but the same person had also received injuries on the arm when he had fallen from his bicycle. In such a case, the question before the court is to consider if the injuries in question were the result of one event or, the injury was caused by both the events and to what extent (Caltex Oil Pty Ltd v The Dredge Willemstedt, 1976). Another issue that is present in such cases is to see if the defendant had also contributed in some way to the injuries received by him or her. Contributory negligence takes place when the person who was suffered the injuries as a result of the negligence of the other party, was also found to have contributed in these injuries or loss (Wyong Shire Council v Shirt, 1980). Therefore, when the claimant has also failed to take the reasonable care that was necessary for ensuring their own safety or to avoid the loss, in such cases it can be said that the claimant had also contributed in negligence (Paris v Stepney Borough Council, 1951). In such a case, the damages that may be awarded to the claimant can be reduced in accordance with the extent to which the claimant has been found to have contributed in negligence (Romeo v Conservation Commission (NT) 1998). Some examples of the cases where the claimant can be considered to have contributed in negligence can be as follows:- A fall or a slip taking place due to the failure of the injured person to keep a lookout regarding their own safety when they were reasonably expected to do so; A passenger or a driver who had failed to wear a seatbelt. Misrepresentation: Misrepresentation can be described as giving false information to one party or its agent, by the other, before entering into the contract, due to which the other party is induced to make the contract. Therefore, if a person has entered into a contract by relying on such a misrepresentation and has suffered the loss, consequently, such person is allowed by thelaw to repudiate the contract or to claim damages (Parsons v Partridge, 1992). In case of misrepresentation, thelaw requires that the false statement made by the other party should be one of fact, as compared to a statement expressing opinion or a promise (Public Transport Commission (NSW) v Perry 1977). An example in this regard can be given of the situation where a seller has claimed that the value of the property is nearly $150,000 and is expressing an opinion and a case where the seller claims that he has the $150,000 for the property and in such a case, the seller is making a statement of fact. Similarly, the law provides that a statement of fact cannot be a misrepresentation. The reason is that in such a case, the statement is related with the future and therefore it cannot be considered as true or false at the moment when the statement was made. In the same way, certain claims that are made in advertisements like "our beer makes you feel on top of the world" are not considered by the law as representations of fact. As a result, these statements cannot be treated as misrepresentations (Esso Petroleum Co Ltd v Mardon, 1976). On the other hand, the factual statements that have been made in the advertisements like the "car has six bags and ABS breaking" is a statement of fact. The refore, if such statement turns out to be false, it can be treated as a misrepresentation. The law has allowed some latitude to the persons were selling privately, for making some statements in order to praise their goods for the purpose of arousing the interest of the buyers. However, in such cases, only a thin line is present between a misrepresentation and a promotional or commendatory statement (Hospital Products Ltd v United States Surgical Corp., 1984). Under these circumstances, the law requires that instead of relying on the statements made by the seller, the buyer is required personally inspect the goods, and it required, get the goods examined from an expert. Similarly, it also needs to be remembered that it may be difficult to bring a claim on the basis of misrepresentation made by the seller regarding a particular thing that should have been obviously noted by the buyer. Therefore, if a statement is made by the seller that the vehicle has done only for 2000 km, but the odometer of the vehicle clearly shows that the vehicle has run for more than 10,000 km, gener ally the court will not accept that the buyer had relied on the statement made by the seller. Similarly, a misrepresentation made by the seller is considered as innocent when it was believed by the trader that the statement was in fact true and as a result, the JJ did not have any intention of deceiving the buyer. In the same way, the law considers a representation to be fraudulent, where the statement has been made by the trader despite being aware of the fact that the statement is false or without believing in the truth of the statement or without caring to know if the statement was true or false (Davies v. London Provincial Marine Insurance Co (1878) 8 Ch. D. 469). All in such a case, the person who has made the statement can be held liable for the misrepresentation and also for the offense of fraud. A defense is available against a claim of misrepresentation if the person was made the statement is in a position to establish that it was reasonably believed by such person that the statement was true or that the statement has been made by someone else and that person had no reason to know that it was not true. The remedies that may be available to the other party in case of loss suffered as a result of misrepresentation include the right to rescind the contract and to sue for compensation. Rescinding a contract: When a party wants to rescind the contract as a result of the fact that such party has entered into the contract on the basis of misrepresentation such party is required to do so promptly after the misrepresentation has been discovered. If somebody decides to wait, it may lose the right to rescind the contract. Therefore, the party may lose the right if: Such party has acted unfairly in some way The party was aware of the misrepresentation and entitled to rescind the contract, but it had done something which reveals that the party wanted to continue with the contract. The party cannot be restored to the same position in which it was before entering into the contract, for example, the goods were used by the party or damaged. The right of the party is also lost when a person was not a party to the contract, but has received some right with the goods and would suffer a loss in case the contract was set aside. Therefore, regarding a contract for sale of goods, the seller loses the right to rescind the contract if the buyer had resold the goods to another person. The law allows the new owner to retain the goods if the goods have been purchasing good faith and the third person was not aware of any problems with the right of the buyer regarding the goods. A contract can be decided by the party by informing their party that they are going to do so. In such a case, the goods are required to be returned in good condition. If this is accepted by the other party, the contract comes to an end. On the other hand, if the other party wants to continue with the contract, they may take recourse to legal action. Apart from the right to rescind the contract, the other party may also claim damages. References Bolton v Stone [1951] AC 850 Caltex Oil (Australia) Pty Ltd v The Dredge Willemstedt (1976) 136 CLR 529 Chapman v Hearse (1961) 106 CLR 112 Davies v. London Provincial Marine Insurance Co (1878) 8 Ch. D. 469 Donoghue v Stevenson 1932 AC 562 Esso Petroleum Co Ltd v Mardon [1976] 2 Lloyd's Rep 305 Hospital Products Ltd v United States Surgical Corp (1984) 156 CLR 41 [68] Paris v Stepney Borough Council [1951] AC 367 Parsons v Partridge (1992) 111 ALR 257 Public Transport Commission (NSW) v Perry (1977) 137 CLR 107 Romeo v Conservation Commission (NT) (1998) 192 CLR 431 Wyong Shire Council v Shirt (1980) 146 CLR 40