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Friday, August 28, 2020
Mergers and Acquisition Essay Example | Topics and Well Written Essays - 2500 words
Mergers and Acquisition - Essay Example Then again in the degree of activity the supervisors settle on the choices. So in reality the goal and method of activity contrast from the hypothetically demonstrated ones. So the ideal methodologies have likewise been passed through the adjustment. So there are various methodologies, for example, merger, procurement, examination and advancements and so forth are embraced. In this content we will talk about the merger and securing approaches and their belongings through certain models in Europe. In the vocabulary of financial matters the word merger alludes to the blend of at least two firms to frame a solitary firm. This assumes control over all the benefits and liabilities of the consolidating firms: shares in the new firm are separated among the investors of the first organizations on a concurred premise. Then again securing alludes to the circumstance when one huge firm dominates or better we can say acquisition of littler firms for development. In the event that these are unincorporated the proprietors consent to the terms. On the off chance that the different business is an organization its offers are bought. Where a few, however not every one of, the portions of other organization or organizations are bought, unique principles administers the treatment of the current investors those are not ready to offer their offer to the buyer organization. Henceforth we can say that the merger and securing are comparative just as disparate. In merger the combining organizations keep on holding their proprietorship rights and the privilege of dynamic with respect to the goal of the joint effort. Yet, on account of obtaining the organization, the portions of which have been sold, has the possession right no more. Nor the obtained firm has the ability to settle on choice. The whole proprietorship stays in the hand of a solitary firm. The likeness between the two is that both of the methodologies have a similar point. The fundamental goal is the extension of firm. The level and scope of creation would increment. These have some regular advantages, which are given underneath: Economies of Scale: It
Saturday, August 22, 2020
Being Me Free Essays
Being Me Its intense being a high school young lady; particularly me, thatââ¬â¢s painful. Accept some exhortation â⬠nobody can ever completely get somebody so donââ¬â¢t even attempt to â⬠itââ¬â¢s incomprehensible. As you read this paper be careful, not every person lives with cash and satisfaction gave to them or lives ââ¬Ëthe dreamââ¬â¢. We will compose a custom article test on Being Me or then again any comparative point just for you Request Now Certainty 1, Everyone is generalized, bound to whatever bunch every other person thinks you are, not who you really are each generalization loathes in any event one other. I get generalized in light of the make-up all over, nothing else, exactly what I look like. Why? To discover another approach to cause themselves to feel better by putting every other person down. Regrettable, isn't that so? I have lost and picked up such a significant number of individuals it is fantastic; one thing I will say however, is nobody stays. They expect you there for their difficulties however when yours itââ¬â¢s totally extraordinary, you can deal with them all alone, yes obviously. I have increased 3 notable individuals however, Heather Gemma and Anya, they may not stay everlastingly yet they are the nearest. I am angry towards kinships since I lost my closest companion to her beau, molded my assessments on nearly everything, from fellowships to associations with anybody, a lot. Thinking back on this I would state I dealt with that ineffectively, I donââ¬â¢t should be rushed however I decide to be. Right, letââ¬â¢s investigate the complex psyche of me. My distrustfulness ruins every one of my connections, including my loved ones, it stirs me up to the point I get incredibly furious to the point I canââ¬â¢t eat or rest. My suspicion makes me feel that in the event that I havenââ¬â¢t addressed somebody in a couple of days they totally abhor my guts, it ruins everything for me. Additionally, my temper has very uplifted to the point I am continually ââ¬Ënippyââ¬â¢ towards everybody, the littlest things bother me. On the off chance that it was conceivable I would vanish my suspicion like a phantom and move on yet when I think back on it I wish I would simply grow up, give myself a slap and move on. I am continually exhausted and coming up short on any energy in anything. This implies my attention on anything, particularly school work. Sadly I need my evaluations for an occupation, school or possibly college how great would it be in the event that you didnââ¬â¢t?! It puts your certainty down to realize you would require higher Aââ¬â¢s to succeed. In any case, you can just do as well as can be expected? Actually no, not sufficient, push the hindrances, get the most noteworthy evaluations possibleâ⬠¦ Yeah right! At the point when I think back on my emphasis on my evaluations and so forth, I really can't resist, I wish I could get a handle on what the educators let me know yet it goes directly through me regardless of what I attempt. The same number of other high school young lady I donââ¬â¢t see, in the mirror, what everybody sees when they take a gander at me. I see a FAT, monstrous, scarred young lady, glancing back at me. To do my make-up toward the beginning of the day I see a beast ogle back at me. My weight won't change regardless of what I do, I can't change my face, I can't change my past it is possible that; I totally surrender now. At the point when individuals take a gander at me they just observe the threatening yet cheerful me I ââ¬Ëwantââ¬â¢ them to seeâ⬠¦ this gives them the impression of regardless of what they do I will be as solid as could be, they will never push me to the edge of total collapse. I would state I handle this amazingly well considering the measure of self analysis I give myself. Individuals can change your mentalities towards nearly anything I guess yes? Right. One individual has impacted my ongoing demeanor changes; I can't rest any longer, I can't believe anybody and he makes me very irritable. Presently a-days in the event that anybody just somewhat pesters me I have considerations experiencing my leader of the things I would do to them if conceivable however fortunately enough I figure out how to keep my temper. I handle my temper better than all else in my life, I fear to figure where I would be on the off chance that it totally expended me. I guess you could state I have never had an appropriate beginning throughout everyday life; I never truly observed my folks growing up, I grew up with brutality however in fact that made me the individual I am today; ready to guard myself in spite of the fact that I simply use it to scare. Friend pressure additionally had an impact in my developing upâ⬠¦ I got no opportunity growing up as a typical youngster; ââ¬Ëoh, do this, itââ¬â¢s cool! Cââ¬â¢mon, take care of business! DO IT, DO IT! ââ¬â¢ In the end you simply wind up bowing down to peer pressure, at that point it expends you with its gooey grasp. I wish I had never surrendered to peer pressure, it has enhanced into demolishing my life. Of everything that should influence me, passing doesnââ¬â¢t. It happensâ⬠¦ yes it fills you with incredible pity however then again it occurs, get over it. It happens to everybody close or close to you. In spite of the fact that I should concede I am fortunate enough never to have lost a relative as close, for example, a parent, kin, and so forth. I lost my distant auntie Ivory not very far in the past however I was at a misfortune with regards to why we commend the day of someoneââ¬â¢s burial service, it just appears to be off-base. They may perhaps be in an ideal situation dead however individuals ought to be thinking back in regret to think they never invested any more energy conceivable with that personâ⬠¦ I never invested any additional time with my granddad than when my mom took me in. I didnââ¬â¢t comprehend he was biting the dust yet I wish I had mentioned to pay additional time with him. At the point when I consider everything, I handle my life as most ideal as, on the off chance that I lost in any event one viewpoint, possibly my temper, I would be finished, that would show up on my records keeping me from my cherished activity I long for. To be completely forthright? I am a chilly individual who ought to be wrecked more than I as of now am nevertheless who can support anybody? Nobody on the grounds that nobody can ever completely comprehend another, it is outlandish. I wish I wasnââ¬â¢t so failed in spite of the fact that I wouldnââ¬â¢t exchange my life for anybody elseââ¬â¢s, on the grounds that everybody is imperfect. Instructions to refer to Being Me, Papers
Friday, August 21, 2020
Strategic planning Essays (2463 words) - Strategic Management
Key arranging The advancement of a key arrangement is fundamental to the accomplishment of hierarchical objectives. The improvement of a key arrangement is a basic piece of key administration bookkeeping. Note that the vital arrangement is set for long haul arranging, as much as 3-5 years. It has been built up that a key arrangement requires the determination of destinations recognized three key components, shaping a chain of importance: the strategic an association, corporate goals and unit targets. These goals are the primary phase of the key arrangement, before the association needs to ask, and answer, three straightforward however indispensable inquiries; 1) Where are we now? 2) Where would we like to be? (long haul) 3) How are we going to arrive? This is the place we bring investigation, for example, SWOT examination, the Boston lattice, the worth chain and the Ansoff grid into the arrangement. Corporate goals identify with the association all in all. They are communicated in budgetary terms, for example, wanted benefit or deals levels, return on capital utilized (ROCE), paces of development or piece of the overall industry, and are ordinarily quantifiable somehow or another. Planned by individuals from the board, or executives to be passed on to senior administration. Joined Biscuits corporate goals in their yearly report of 1985 were; 'The most significant target remains the accomplishment of a base profit of 20% for normal capital workers, with an objective return of 25%'.2 Unit destinations identify with the particular goals of individual units inside the association, for example, a division or one organization inside a holding organization. The unit targets for costain bunch plc in their yearly report of 1986 were; 'In the UK costain Homes is planned to sell 2'500 homes in 1987, - a figure that will put it among the main ten house builders'.3 Before the corporate and unit destinations are joined one must beginning with the strategic, the essential ideas which inclu de vision articulation, statement of purpose, objectives and goals. The primary thing is to build up the drawn out vital points of the association, also called corporate arranging. A dream proclamation would be drawn up first and is essentially a dubious sentence communicating the beneficial outcome it will have on society and is regularly used to state how the 'world will improve as a spot because of the presence of the proposal(s). This is regularly connected with the statement of purpose, and a few organizations may even exclude the vision and spotlight just on the mission. This accentuation more on the particular job that the association plans. It depicts in exceptionally broad terms the expansive reason and explanation behind its reality, the nature of the business(es) it is in, and the clients it looks to serve and fulfill as time goes on. The statement of purpose for worldwide organization 'Virgin' is basic, exceptionally short however educational with respect to what they ne eded to put over, and is basically; 'The executives expect to form virgin into the main British global media and amusement group'.4 Equally significant are the objectives and destinations. Initially the hierarchical objectives, the points that the organization endeavors to fuse and accomplish. These are an increasingly point by point breakdown of what the mission states. They will be characterized for various gatherings of investors. As one would expect, hierarchical objectives are set up for shorter time spans and are of unquantified sources. Objectives can be somewhat vague, they can be communicated in basic terms, for instance, to make a benefit, or in a more extensive region, to build efficiency. In this way such objectives can be underestimated thus reveal to us minimal about the accentuation set on the different exercises of the association in meeting those objectives. Then again one can say how indispensably significant they are. They give a premise to arranging and the board control, rules for dynamic and defense for the activities taken. The objectives that the organization set out in their report will be diverse to that gotten by the people, gatherings or branches of that equivalent organization. The objectives will assist with creating duty of these individuals thus concentrates consideration on intentional conduct giving a premise to inspiration and prizes. Fig 1: FORMAL GOALS Personal objectives of supervisors INFORMAL
Tuesday, May 26, 2020
Response Essay Examples For the Alpha Movie
Response Essay Examples For the Alpha MovieIf you're struggling to come up with responses to your essays for the Alpha Movie 2020 exam, then you might want to check out these response essay examples. These are certainly helpful, but you shouldn't copy them exactly. You should keep in mind that what you're looking for in an essay is something which will be original and worth your time.To begin with, you'll find these formats useful. They're easy to read, can be formatted in a few different ways, and can also be formatted using the MLA format. What's nice about these essays, though, is that they're also short and concise. These are great for cramming - if you find it hard to come up with an essay of this sort, it might be that you just can't come up with something creative. At least, the longer essay that you did write will stand out.Of course, some people aren't very good at writing. Some people even need to watch a DVD to get a good grasp of a style. In this case, these response essa y examples could prove useful. That is, if you don't want to copy them.The best part about the responses for the Alpha Movie are that they're usually short and to the point. That's a common characteristic of responses for this type of college course. The format won't be too daunting, nor will it be too complex or convoluted.These examples don't take a lot of imagination to come up with. You won't need to make something out of nothing. Instead, you'll just need to come up with something that has a purpose and an idea.This means that your essay will be well thought out and informative. You should, however, remember that you shouldn't just copy these examples - rather, you should be inspired by them.They'll have different opinions on the essay topic, but you should be able to come up with an original one that's worth writing. Remember, though, that you can't just copy them. You should be able to learn something from each one.
Saturday, May 16, 2020
Rap as a Language - 2526 Words
Since its start in the music industry around nineteen eighty-eight rap music has always been under a lot of scrutiny for its lyrics and messages that it portrays. Rap music has a long history starting back to the days of slavery and has come a long way since then bridging gaps between all genres of music including jazz, blues, and basic drum beats. When hip hop first came about its message was simple. It was groups of black men who described the life they were living in the ghettos all over the world. They felt helpless and viewed the government in a very strong negative way based on the lack of help African Americans were given in the contexts of housing, education, and living. As rap music developed and more artists startedâ⬠¦show more contentâ⬠¦Im not shy so I asked for the digits. So I licked him like a lollypop should be licked. Pepper is also showing how forward she is by not being shy and asking a man she is interested in for his phone number. In the song they t alk about how they want a certain man and where they want him to touch, and then go on to say that they want to have sex with him. Salt goes on to say, Your packed and your stacked especially in the back, brother want to thank your mother for a butt like that. Her she is switching the roles of male and female stereotype. She is playing the role of the whistling construction worker. She is talking about a male posterior in a way guys normally talk about a womans. Salt then goes on to say If looks could kill you would be an oozi, or a shotgun Bang! Whats up with that thang I want to know how does it hang? She here is talking about the guys penis and she wants to know how big it is. Normally typical of men concerned about breast size. In the video, Salt N Pepper show men the same way women have always been portrayed in male videos. They have very muscular men who are wearing nothing but bathing trunks. The goal here is to place men in the same objectifying roles that women ha ve been placed in. When the camera is placed on the men it is placed on a body part such as the abs, or chest, or legs and never zoomed in on their face to make them look more like objects then actual humans. This use of eroticShow MoreRelatedEssay about Rap as a language2473 Words à |à 10 Pages nbsp;nbsp;nbsp;nbsp;nbsp;Since its start in the music industry around nineteen eighty-eight rap music has always been under a lot of scrutiny for its lyrics and messages that it portrays. Rap music has a long history starting back to the days of slavery and has come a long way since then bridging gaps between all genres of music including jazz, blues, and basic drum beats. When hip hop first came about its message was simple. It was groups of black men who described the life they were livingRead MoreGangster Rappers : Gangster Rap929 Words à |à 4 PagesGangster rappers always encourage sex or demeaning women, where some songs are merely produced with the purpose of disgracing women. Subject matters in a majority of gangster rap lyrics usually deal with curious situations, as in the portrayal of women as dirty sex toys with no value other than pleasure through looks and intercourse and even inventing words, such as ââ¬Å"bennett,â⬠ââ¬Å"poontang,â⬠and ââ¬Å"thots.â⠬ Furthermore, drugs are another topic widely spoken by gangster rappers, where the songs contentsRead MoreHip Hop And Rap Music1505 Words à |à 7 PagesSwiss Hip Hop and Rap According to Michael Dyson and Wikipedia, Hip hop music and Hip Hop culture formed during the 1970s when block parties became increasingly popular in New York City. The genre became home to and was developed by African American youth residing in the Bronx. Block parties involved DJs playing very percussive breaks of popular songs Then Rapping developed as the primary vocal style of the genre. Hip hop s early evolution occurred as sampling technology and drum-machines becameRead More Music Essay - America Needs Rap and Hip Hop1366 Words à |à 6 PagesAmerica Needs Rap and Hip Hop Ever since it became popular in the late eighties, hip-hop music has been a target of moral disapproval. Many critics have labeled the music as an offensive, vulgar, misogynist form of expression, which negatively influences its listeners, particularly children. Early in rap musics development concerned citizens and various government officials held protests against the release of certain rap albums. Rap musics opponents demanded strict censorship. ButRead MoreUse Of Poetic Devices And Figurative Language1747 Words à |à 7 PagesThrough this essay I am going to answer the question: ââ¬Å"To what extent does Eminem use poetic devices and figurative language to convey meaning in his lyrics?â⬠. Marshall Bruce Mathers III, going under the stage name Eminem, is an American rap artist, record producer, and actor goes down as one of the best-selling artists of the early 21st century. He was discovered by Dr. Dre after dropping his second album, The Slim Shady LP. After years of failure, his hard work finally paid off. Living in povertyRead MoreThe Impact Of Rap Music On Today s Society867 Words à |à 4 PagesThe impact of rap music in todayââ¬â¢s society is extremely substantial. Many Americans listen to rap music, even though different rap artist discuss various issues in their songs, it may influences their fans to do the same. A large amount of rap music contains explicit lyrics that describe illegal activities, aggression, and sexual content. Researchers from Iowa State University and the Texas Department of Human Services found that aggressive music lyrics increase aggressive thought and feelings, mightRead MoreThe Effects Of Rap Songs Sung By Men Speak Of Women1415 Words à |à 6 PagesOut of twenty rap songs previously analyzed, the word ââ¬Å"bitchâ⬠was said thirty-eight times. Irrespective of those twenty, a striking majority of rap songs sung by men speak of women in an unfavorable way, often reducing them to sex objects. Rap has had a dramatic rise in popularity in recent y ears, due in large part to the fact that sex sells. The unintended consequence is that female subjects featured in this kind of music are often the ones that suffer the most. Most of the rappers with the greatestRead MoreThe Effects Of Rap Music On Social Behavior Essay1693 Words à |à 7 Pagestoday, it is highly noticed that the role of rap music messages and video images of violence causes an increase in negative emotions, thoughts and behaviors which could lead to violence amongst youth. Rap music has been at the center of concern in regards to the potential harmful effect of violent media on social behavior amongst youth. This potential behavior could be seen in the music video titled ââ¬Å"Kimâ⬠by Eminem. In this music video, the storyline, language and sound encourages hostile thoughts andRead MoreWhy Country Music is better than Rap687 Words à |à 3 PagesIn the world today, music has become a big influence on everyone. With the power of music, each person has the ability to accomplish goals even if the music is country or rap. Most people believe that music can change a personââ¬â¢s mood or behavior which is true. Without music people could not control the way they act. Most music has the power to affect a personââ¬â¢s mood and other music can get them out of control. If music did not exist the world would be tedious. Without having music, people would notRead MoreIs All Rap Music Promoting And Glorifying Crime And Degrading1351 Words à |à 6 Pages Is all rap music promoting and glorifying crime and degrading women? This is a question that is asked often and the general consensus is that, yes, it does. Is there any evidence however to back up these claims and are the rappers intending their music to be seen in a negative aggressive way. I donââ¬â¢t necessarily think that rap music does anything but give the musician an outlet for their talent and use topics like women and crime in their songs for commercialization and to create an image that rappers
Wednesday, May 6, 2020
The Human Genome Project and Patenting DNA Essay - 1592 Words
The Human Genome Project: Patenting DNA The Human Genome Project is a global initiative to map the approximately 100,000 genes present in the genome of humans. Planning for the project was started in 1989 with a proposal submitted by the Office of Technology Assessment and the National Research Council. In 1990, the actual project began under the joint leadership of the National Institutes of Health and the Department of Energy. The goals of the project are as follows: Mapping and sequencing the human genome Mapping and sequencing the genomes of model organisms Data collection and distribution Ethical, legal, and social consideration Research training Technology development Technology transfer Originally, researchâ⬠¦show more contentâ⬠¦The downside of this genome mania is high expectations. Current market values of life science companies are very high. Companies are faced with a lot of pressure from shareholders to provide new blockbuster therapies that will net those investors large profits. The problem with this mentality is that research takes a lot of time and a lot of money (2). The fear of some researchers is that industry will not be open with the results of their genome research, sequestering away nucleic acid sequences in private databases, or tying up huge amounts of information in pending patents. This goes against the original aim of the project which was to place all information gathered in free, publicly accessible databases. Recent developments in the Human Genome Project only heightened these fears. On May 9, 1998, Crag Venter, president of The Institute for Genomic Research (TIGR), announced his company was teaming up with pharmaceutical giant Perkin-Elmer to sequence the human genome in just three years (3). This news took the genetics community by storm. The original plan called for a single, cohesive strategy to thoroughly map the human genome in a linear method. The new Perkin-Elmer/TIGR partnership planned to sequence the genome with a new method called whole genome shotgun sequencing. By this method, DNA would be chopped up, sequenced all at once, and supercomputers would be used to assemble theShow MoreRelatedThe Human Genome Project ( Hgp )1000 Words à |à 4 PagesGenetic Engineering The Human Genome Project (HGP) completely mapped human DNA for the first time in April, 2003. In addition, the HGP revealed that there are probably about 20,500 human genes, which is significantly fewer than originally predicted. This ultimate product of the HGP has given the world a resource of detailed information about the structure, organization and function of the complete set of human genes. This information can be thought of as the basic set of inheritable instructionsRead MoreGene Sequencing And The Human Genome Project2703 Words à |à 11 Pagesprecise order of the bases in a DNA strand, and mostly used for genetic variation or mutation that might lead to a development of a disease. This disease causing change can be a substitution, deletion or addition of a single base pair (National Human Genome Research Institute, 2014). Since the human genome project has completed its first draft in 2001, researchers are more keen to find out more about the human genome, the variabil ity of the gene sequences amongst humans, and the relationship betweenRead MoreThe Debate Over Gene Patenting Essay2731 Words à |à 11 PagesIn June 2000, the publicly funded Human Genome Project (HGP) and the private firm Celera Genomics Inc. announced that they had completed sequencing the human genome. This unprecedented accomplishment is expected to enable doctors to diagnose, treat and even prevent numerous genetic diseases. As these two entities worked on sequencing the human genome, there was also a separate and less publicized race to patent as many human genes as possible. The patenting issue gained some attention when PresidentRead MoreGenetic Research And Its Effects On The Human Bodies3120 Words à |à 13 Pagesowning specific portions of DNA sequences that exist in our own human bodies. The basis of genetic research and the idea of owning a gene were brought to light over 150 years ago when the Supreme Court ruled that you could not own human nature, but over time the advancement of scientific research and technology made genetic research and its findings more accessible. Genetic researchers were able to find genes that can help cure disease and could identify cancerous genes in humans. With companies beingRead MoreThe Benefits of Genetic Engineering Essay1459 Words à |à 6 Pages Almost three decades ago, on July 25, 1978, Louise Brown, the first ââ¬Å"test tube babyâ⬠was born (Baird 1). With this birth another controversy broke out, do humans have the right to make life? Most of the concern comes from the fear of control over the production and development of human beings. But, those who are against cloning would most likely look the other way if they needed gene therapy after receiving a grim diagnosis. There are many aspects of genetic engineering and to thoroughly understandRead MoreProduct Of Nature And The Patent Law1336 Words à |à 6 PagesPATENT LAW PROJECT ON THE ISSUE OF PRODUCT OF NATURE IN PATENT LAW SUBMITTED BY: POORVI SHAH FOURTH YEAR SECTION-A ID- 211035 WBNUJS THE ISSUE OF PRODUCT OF NATURE IN PATENT LAW INTRODUCTION There exist several areas where further research and development is essential to promote the longevity of mankind and enhance the quality of life, and since the aim of the patent system is to promote innovation, it incentivises the same by looking after the financial aspectRead MoreScience1384 Words à |à 6 Pagesconducted by pharmaceutical and technology companies. James Shreeve discusses these branches of science, the race for the human genome, and prominent figures such as Craig Venter and Francis Collins in The Genome War. Traditional academic research is usually performed at universities and nonprofit organizations with public funding. Francis Collins, leader of the Human Genome Project, represents traditional science as his program is dedicated to the enhancement of knowledge for the common good, recognitionRead MoreThe Code Of Life And The Human Genome2445 Words à |à 10 Pagesmake scientifically is to look at our own human genome, or instruction book if you will, and try to figure out what it is telling us, what it reads. This began happening in the late 1990s, to 2000s, when people began diving deeper into what DNA really tells us. In a sense, we have found the key to unlock, or crack, the code of life, and this is also the key to diagnosing and curing genetically transmitted diseases. This key is what the Human Genome Project searched to find, and what ââ¬Å"Cracking theRead More Bioinformatics - Solving Biological Problems Using DNA and Amino Acid Sequences3064 Words à |à 13 PagesBioinformatics - Solving Biological Problems Using DNA and Amino Acid Sequences 1. Introduction In the wake of Genomic revolution, biology that used to be a lab-based science has transformed to embrace Information science. Human Genome Project is a 13-year project focusing on identifying approximately 30,000 genes in human DNA. The information found is stored in databases, analyzed and used for different purposes like simplifying diagnosis of disease, earlier detection of genetic predispositionRead MoreThe Ethical Implications of the Human Genome Project and its Parallel Efforts3239 Words à |à 13 PagesThe human genome consists of all the genes that make up the master blue print for building a human being. There are about one hundred thousand genes concealed inside of the nucleus of each cell. The genes are tangled inside of an elongated genetic structure that is called the chromosome. Mapping and eventually decoding the human genome will enable us to provide strategies to diagnose and possibly prevent different genetic diseases, and disorders. Eventually, we may ev en unravel the mysteries of
Tuesday, May 5, 2020
Highlights Case Of Negligence And Possible ââ¬Myassignmenthelp.Com
Question: Discuss About The Highlights Case Of Negligence And Possible? Answer: Introducation Negligence can be defined in the simplest forms as such a breach of the obligation of care owed by one person to some other person. This has to include the harm, loss or injury to the person to which the duty of care was owed due to the actions undertaken by the individual who owed a duty to care to such injured or harmed party (Greene, 2013). In order to make a case of negligence before a court of law, the plaintiff is required to show that there had been a duty of care owed to him, which had been violated, which caused harm/ loss/ injury, and was not only foreseeable in a reasonable manner but was also not too remote, in addition to the presence of proximity between the parties and a direct causation between the breached duty and the injury/ harm/ loss of the plaintiff (Statsky, 2011). For establishing duty of care, proximity, reasonable foreseeability and contravention of duty of care, the English case of Donoghue v Stevenson [1932] UKHL 100 proves to be of help. In this case, Donoghue drank the ginger beer from the bottle which was manufactured by the defendant of this case, Stevenson. As a dead snail was present inside this bottle, the drink was contaminated and upon drinking the same, Donoghue fell sick and sued for compensation under tort of negligence committed by Stevenson. However, Stevenson denied owing a duty to Donoghue (Lunney and Oliphant, 2013). The court held otherwise and stated that a duty of care was owed by Stevenson due to the proximity of relationship between a consumer and the manufacturer of the product. Further, this risk of harm was reasonably foreseeable due to the fact that a contaminated bottle was bound to make the consumer sick. As the manufacturer failed to ensure the safety of thee ginger beer, he contravened his obligation of care a nd was asked to compensate Donoghue for her losses (Latimer, 2012). Whenever a case of negligence is made, a common defence which is cited is that of volenti non fit injuria. As per this concept, the plaintiff of the case, i.e., the person who has been injured as a result of the negligence of other knowingly takes the risk even when they are clearly aware of the fact that the risk of harm/ injury/ loss was present. When this defence is present, the claim of negligence is not upheld (Turner, 2013). In the case of ICI Ltd v Shatwell [1965] AC 656, the brother had been injured due to the explosion of the quarry of the defendant which was a result of the negligence of the brother. A worker had gone to get more wire yet they did not wait for him and tested with a shorter wire. When the explosion occurred, they made a claim against the defendant on the basis of concept of vicarious liability of the employer for negligence and also for violating the statutory duty to the other brother. However, the defendant raised the defence under volenti non fit injuria and presented that they had clear knowledge of risk and that they had acted against the express instructions given to them. The court upheld this defence and quashed the claims of the brothers (E-Law Resources, 2017). When it comes to such cases where driving under the influence of alcohol is involved, and where an accident is caused as a result of it, it is clear that such accidents occur due to the diminished ability of the driver. And this often gives rise to claims of negligence. However, the passengers also owe certain responsibility in such cases and where they wilfully accept ride from a drunk driver, their claim can be quashed due to the defence of volenti non fit injuria (Navin, 2016). An example of such occurrence is the case of Insurance Commissioner v Joyce [1948] HCA 17; (1948) 77 CLR 39. In this case, the passenger had clear knowledge that the driver was under the influence of alcohol and had been inebriated as a result of drinking. And still, the passenger took the ride from the plaintiff voluntarily, without any pressure. Hence, the High Court ruled in favour of the defendant and stated that negligence cannot be claimed by the plaintiff as they voluntarily assumed the risk of harm (Jade, 2017). Application The facts of this case study reveal that Michelle was under the influence of alcohol and Rebecca clearly knew this as they had consumed the wine at the concert together. Rebecca can make a claim of negligence against Michelle for driving under influence of alcohol on the basis of Donoghue v Stevenson and claim that a duty of care was owed by Michelle as driving under alcohol influence is bound to cause an accident and is reasonably foreseeable. Further, the driver and passenger do have proximity of relationship and Rebecca was also injured. However, the chances of this claim being deemed as a success are less. This is due to the fact that Michelle can opt for the defence of volenti non fit injuria. Applying ICI Ltd v Shatwell, Rebecca had voluntarily assumed the risk so her claim of negligence against Michelle would be cancelled. Applying Insurance Commissioner v Joyce, this point is strengthened as she had voluntarily assumed the ride from Michelle. Even though she raised her voice later on, but that was only when Michelle drove riskily, but till then, she had already assumed the risk. Hence, her claim of negligence against Michelle is not likely to be upheld. Conclusion Due to the success of volenti non fit injuria, Rebeccas claim against Michelle would fail and Michelle would not have to compensate her for negligence. References E-Law Resources. (2017) Imperial Chemical Industries Ltd v Shatwell [1965] AC 656 House of Lords. [Online] E-Law Resources. Available from: https://www.e-lawresources.co.uk/Imperial-Chemical-Industries-Ltd-v-Shatwell.php [Accessed on: 13/09/17] Greene, B. (2013) Course Notes: Tort Law. Oxon: Routledge. Jade. (2017) Insurance Commissioner v Joyce. [Online] Jade. Available from: https://jade.io/article/64545 [Accessed on: 13/09/17] Latimer, P. (2012) Australian Business Law 2012. 31st ed. Sydney, NSW: CCH Australia Limited. Lunney, M., and Oliphant, K. (2013) Tort Law: Text and Materials. 5th ed. Oxford: Oxford University Press. Navin, M. (2016) Values and Vaccine Refusal: Hard Questions in Ethics, Epistemology, and Health Care. Oxon: Routledge. Statsky, W.P. (2011) Essentials of Torts. 3rd ed. New York: Cengage Learning. Turner, C. (2013) Unlocking Torts. 3rd ed. Oxon: Routledge.
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