Contract and Tort Case Study Example | Topics and Well Written Essays - 2250 words

Contract and Tort - Case Study Example The court recognized the right only when there is a remedy on the principle Ubi remedium ibi jus, which means where there is remedy there is right. One had to search for the proper remedy that suits his right then only he could succeed. If there was no remedy there was no right and there is no case. By passage of time the complicated litigations coming before the courts necessitated to change the concept of law. Accordingly the concept of law was changed as Ubi jus ibi remedium, which means where there is right there is remedy. This concept enable the courts to see that if there is a right existing then it will decide what is the remedy. Right of the litigant is given prominence over the remedies to protect the rights effectively. Under the new concept the courts have provided a remedy whenever there has been unjustifiable interference with the rights of a person. When the law of contract is read strictly, we find the rights are restricted to its terms and conditions. The law recognizes the rights that are specifically created by a contract and ignores if that right is not covered in the terms of contract. And such rights created by the contract are limited to only the parties to the contract, a third party do not derive any right against any of the parties to the contract even though the loss is caused to him due to the negligence. It provides relief to the parties to the contact only, that too it is limited to the extent of monitory or economic loss. The law of contract see whether there is any breach of contract by either of the parties to the contract but non else. The remedies in law of contract are strictly connected with the terms and conditions of the contract entered into by the parties. Once all the terms and condition of the contract are fulfilled no cause of action arises to either parties, even though any inconvenience caused due to unjustifiable interference by the other party with in the terms and conditions. But the law says that no person can interfere unjustifiably with the rights of the other person. If that happens the court provides remedy not under the law of contract but under the law of tort. This is how the tort overcomes the restriction involved in strict reading of the law of contract. The law fills up the gap in the law of contract mostly in cases of negligence of one of parties to the contract due to which the other part causes mental agony or physical or mental loss in addition to the economic loss. Some time the party who is not a party to the contract too subjects to the mental agony or physical loss due to the negligence act of the any other parson. In certain situations the courts cannot find any remedy in the law of contract, but the law of tort fills up this gap and provides the remedy. Contract and Tort inter relationship[9]: Contract and Tort have interrelationship as far as the remedies are concerned. Plaintiffs are at a liberty to choose the remedy either in law of contract or in Tort. The law of contract is specific and remedies under contract are time consuming and costly when compared to the Tort. As discussed above sometimes remedy cannot be found in contact in such conditions the remedy lies in the Tort. Where a dispute consists of ingredients of both contract and Tort as well then the plaintiff is at a liberty to choose the action either under contract or under Tort. It means that mere existence of all the ingredients of Contract do

Boeing Aircraft Company Research Paper Example | Topics and Well Written Essays - 500 words

Boeing Aircraft Company - Research Paper Example Nevertheless, the company has been taking little interest on the satisfaction of the customer and segmentation of the market in order to concentrate on a specific market. Instead, the company has been generalizing the market in order to earn trust of all customers (Norris & Wagner, 2005). On the other hand, Airbus has concentrated on diversifying the market in order to increase its market size. In addition, the company has segmented the market an aspect that has enabled it to position itself strategically in the market and earn customer loyalty. Initially, airbus was struggling financially but the move by Boeing Company to concentrate on huge aircrafts that require heavy investment gave the company an advantage over its competitor. Instead, the company has concentrated on producing aircrafts of all sizes in order to satisfying the varying demands in the market (Newhouse, 2007). One of the major similarities between two companies is that if one removes the name of the company in the specification sheet, the forthcoming Airbus A350 XWB commercial jet can easily be confused with that of Bowing 787 Dreamliner. The production process is so similar that it will take someone sometime before distinguishing the two (Norris & Wagner, 2005). Secondly, A350 of Airbus will be manufactured with approximately 53% of carbon fiber while 787 aircraft that belong to Boeing Company will be made of 50% of carbon fiber. Both aircrafts have the ability to fly for eight thousands miles without the need of being refueled (Norris & Wagner, 2005). In terms of fuel consumption, A350 has the capacity to consume 25% less in comparison with that of Boeing. Nevertheless, Boeing 787 is claimed to have been made to consume 15% fuel less in comparison to a similar-sized Boeing 767 (Peng, 2009). With the increasing rivalry between the two companies, mostly, the companies are

The Increasing Application Of Scientific Management Principles Of Work

The Increasing Application of Scientific Management Principles Of Work Organisations To Services Is, Despite Its Limitations, Inevitable and Irreversible. I  Ã‚  Ã‚  Ã‚  Ã‚  Introduction From the outset of this essay it is necessary to define the basic principles of Scientific Management in order for the statement to be fully understood and why if at all such a practice is ‘inevitable' and indeed ‘irreversible' within a service industry context. The underlying belief that scientific management, or rationalisation= , is able to provide the basis for separating management from the execution of work. ‘The rationalisation of work has the effect of transferring functions of planning, allocation and co-ordination to managers, whilst reinforcing the managerial monopoly of decision-making, motivation and control'. Hales (1994). Taylor (1856-1915) has been referred to as the father of Scientific Management. He believed that management, not labour, was the cause of and potential solution to problems in the industry. Taylor concluded that workers systematically ‘ soldiered' because they believed that faster work would put them out of a job and because hourly or daily wages destroyed individual incentive. Taylor believed that in order to discourage, and indeed halt, this ‘soldiering' a ‘ mental revolution' was required. He believed this could be achieved via four vital principles: (1) the development of the best work method, via systematic observation, measurement and analysis; (2) the scientific selection and development of workers; (3) the relating and bringing together of the best work method and the developed and trained worker; (4) the co-operation of managers and non-managers which includes the division of work and the managers responsibility of work. From this five key facets have evolved that lie at the foundation of scientific management. Hales (1994) has summarised these as follows:   Ã‚  Ã‚  Ã‚  Ã‚  - systematic standardised work methods via mechanisation and standard times.   Ã‚  Ã‚  Ã‚  Ã‚  - a clean functional division between managers and non-mangers. Braverman (1974) described this as the ‘separation of conception from execution'.   Ã‚  Ã‚  Ã‚  Ã‚  - centralised planning and control.   Ã‚  Ã‚  Ã‚  Ã‚  - an instrumental, low-involvement employment relationship due to the requirement of t... ...s that are attracted to the industry. But the deskilling due to rationalisation means that such people are ‘strait-jacketed into one dimensional jobs' (Hales 1994) stifling variety and creativity. Therefore such a sentiment tends to argue against the notion that scientific management principles are inevitable. In summary to return to the original statement it can be argued against the belief that scientific management is inevitable and irreversible throughout the entire service industry, although certainly some areas of the industry could benefit from utilising such a management strategy - notably in the budget sector. Bibliography Hales, C. (1994) Managing Through Organisation, Routledge, London. Peters, T. & Waterman, R., In Search of excellence, Harper & Row, New York. Ritzer, G. (1993) The MacDonaldization of Society. Targett, D. (1995) ‘Management Science in service industries', in Schmenner, R.W. (ed.) Service Operations Management, Prentice Hall, New Jersey. Taylor, F.W. (1984) ‘Scientific Management', in Pugh, D. Organisation Theory, Penguin, Harmondsworth. Thompson, P. & McHugh, D. (1990) Work Organisations: A critical introduction, Manmillan, London.

Drugs & Addiction

Drugs and Addiction Carl Jung, a Swiss psychiatrist once said: â€Å"Every form of addiction is bad, no matter whether the narcotic be alcohol, morphine or idealism. † I agree with what he said. It’s true; addiction is not only bad, it can be dangerous! Do you know how many people who take drugs die each year? According to WHO (World Health Organization), 2,000 Americans die each year from using heroin, in England, 5,000. 2,500 Americans die each year from using cocaine.Alcohol kills 80,000 Americans every year. And tobacco? Every year, tobacco kills 440,000 Americans, 1. 2 million Chinese, 900,000 Indians, 450,000 Germans, and 90,000 Britons! An addiction means being habitually or compulsively occupied with or involved in something. Some common addictions may be: coffee, drugs, gambling, stealing, food/eating, shopping, working, social media, video games, internet, etc. And how do drugs work? Drugs are chemicals or substances that change the way our bodies work.When yo u take drugs, they find their way into your bloodstream and are eventually sent to parts of your body, your brain for example. The effects of drugs can change depending on the kind of drug you take, how much is taken, how often you use it, how quickly it gets to your brain, and what other drugs, or food, are taken at the same time. Effects can also change based on the differences in body size, and weight. They can do a lot of harm to your body and brain.Drinking alcohol, smoking tobacco, and taking illegal drugs, can all cause serious damage to the human body. Drugs may numb your senses, or severely hurt your ability to make healthy choices and decisions. Perhaps you have heard of Judy Garland. At the age of 17, a year after she played Dorothy in the â€Å"Wizard of Oz†, Judy Garland was prescribed drugs to control her appetite. Soon she was under the â€Å"care† of psychiatrist Dr. Frederick Hacker, and her prescribed drugs that produced even more anxiety for the trou bled actress.In 1949 she was given electroshock and after that, hypnosis. In the fifties she suffered a dangerously swollen liver and spleen due to her drug intake, but in the sixties she was put on even more drugs. She ended up taking 40 Ritalin a day before she died of a drug overdose in 1969; she was only 47 years old. None of the dozen psychiatrists she'd seen had ever really helped her. So be aware! Say no to drugs! It all starts with just one!

The Science Of The Food - 1290 Words

ave you ever thought about the science perspective in the food you eat ? We know science plays a major role in life. Science has made a big change in life throughout the years. Using biotechnology and food contaminations in our food productions, there have been food genetically altered. We know vegetables and other food we buy are bigger in size than usual.We see the shape also looking different. We know people inject chemicals into them but we never go into further details understanding why the food we eat is like that. The food we eat are mostly all genetically modified. Genetically Modified foods are used widespread throughout the world. With the uses of technology genetically modified foods are genetically being modified using†¦show more content†¦According to a company Monsanto Company , the DNA from many different organisms is the same which means it is made from the same material. There have been many questions raised whether genetically modified foods are good or bad and whether it should be continued to be sold throughout the world.Many people agree that there are many benefits but there are people explaining the risk effects on health and what negative effect it is producing. Genetically engineered foods were made to decrease the hunger in the world but according Doug Gurian Sherman a study done for twenty years showing no decrease in hunger. Genetically Modified foods were able to produce foods that are rich in supplement and nutrients. People that are living in developing countries do not have the ability to eat foods that are rich in supplements and by consuming genetically modified foods , it provides a good amount of vitamins, minerals and amino acids in their diet. They are also resistant to environmental conditions as well as pests so we can therefore see a rapid increase in food which therefore reduces the starvation among people in countries. Ther e will be more food which will help farmers with a better yield in making crops so they can be able to live through a drought or cold and resist various diseases. There will also be less stress on the environment around us . By using various science there has been better changes to the earth. Crops that are built are able to resist pests for the

Theme Of Racism In The Bluest Eye - 924 Words

Racism, a word once used sparingly, has today become a part of colloquial speech. Although racism is an epidemic, so is same-race discrimination. In the novel â€Å"The Bluest Eye,† written by Toni Morrison, this idea of same-race discrimination is given the limelight throughout. The novel focuses on the African American community within Lorain, Ohio and the complexities of physical beauty and social status that lean over its residents. A character emphasized for her entitlement and being one who practices same-race discrimination, Geraldine has become even more despised than the incestuous and bibulous character of Cholly Breedlove. Through her obsession for cleanliness and social status, Geraldine symbolizes disconnection and same-race†¦show more content†¦She is â€Å"sugar brown,† exuberating with self confidence, has had higher education - and most importantly practices cleanliness religiously. Her job is more than taking care of her family, her job, or in this case passion is to achieve what most blacks can not, life as closely resembling that of a white family. Her home is like an illustration out of the Dick and Jane storybook: exquisitely organized, decorated with â€Å"a big red-and-gold bible[,] paper flower frame[s][,] [and] [l]ace doilies everywhere,†(Morrison89). Her home may seem organized, but her family is dysfunctional. Her love for cleanliness and social status go so far as to making her insusceptible to any emotional connection with her son Junior. Although Geraldine provides to all of Juniors physical needs, those being having him â€Å"brushed, bathed, oiled and shod,† she does very little to help raise him (Morrison 86). Junior, being a black boy, wants to converse and communicate with others who look as he does. But his mother always pushes him to be friends with the white children. So due to this he has developed a sense of entitlement. Soon, Junior’s entitlement leads him to victimize Pecola Breedlove. Inviting her into his home to show her kittens -he attacks her. Upon returning home, Geraldine, instead of scolding Junior, looks at Pecola’s uncombed hair, â€Å"torn dress [being pinned up by a] safety pin, [and her] muddy shoes,† right before cursing at her and kicking her out of her homeShow MoreRelatedThe Bluest Eye By Toni Morrison Essay1314 Words   |  6 PagesThe Bluest Eye, by Toni Morrison, encompasses the themes of youth, gender, and race. The African American Civil Rights Movement had recently ended at the time the novel was written. In the book, Morrison utilizes a first-person story to convey her views on racial inequality. The protagonist and her friends find themselves in moments where they are filled with embarrassment and have a wish to flee such events. Since they are female African Americans, they are humiliated in society. One of Morrison’sRead MoreRacial Prejudice in the Bluest Eye and to Kill a Mockingbird1416 Words   |   6 Pagesintroduced to the theme of racial prejudice through the experiences of the characters Scout and Jem Finch. The story is told from the perspective of Scout. In Toni Morrison’s novel, The Bluest Eye, the reader is also introduced to the theme of racial prejudice through the experiences of Pecola Breedlove and Claudia MacTeer. The story is told through the perspective of Pecola Breedlove, and Claudia MacTeer. Both of the novels show different ways of illustrating the same theme. In the novel ToRead MoreAnalysis Of The Bluest Eye By Toni Morrison791 Words   |  4 Pagesâ€Å"If only the eyes saw souls instead of bodies, how very different our ideals of beauty would be†. Toni Morrison shows, to the black community and to the world, how white supremacists and false convictions on beauty and self-worth can cause serious mischief if believed and taken to heart. Throughout the book, the character who exemplified the best repercussions of racism through her actions was Pecola Breedlove. A very passive little girl who was lacking self-esteem and parental guidance buys intoRead More Memoirs of a Geisha and the Bluest Eye Essay example900 Words   |  4 PagesMemoirs of a Geisha and the Bluest Eye Memoirs of a Geisha by Aurthor Golden and The Bluest Eye by Toni Morrison are two thought provoking books with a unique style of writing. Memoirs of a Geisha has a beautiful poetic grammar which captures readers imagination and brings the story to life. Morrison on the other hand uses combined voices to give varied perspectives with out resorting to authorial intrusion or preaching. Memoirs Of A Geisha and the bluest eye both contain graphic realismRead MoreRacism And Discrimination On African Americans1210 Words   |  5 Pagesthe impact of racism and discrimination on African Americans through her frequent use of symbolism.2 In The Bluest Eye, an extremely important symbol is blue eyes (Crayton 73). Blue eyes are used to symbolize racially based beauty standards and the power associated with whiteness (â€Å"Bluest† LitCharts). In the novel, society believes that if a person does not have white skin, he or she is not beautiful. Pecola Breedlove falls victim to this wid espread belief and longs to possess blue eyes. In her worldRead MoreWoman Is The Nigger Of The Wolrd: The Bluest Eye by Toni Morrison934 Words   |  4 Pagesfor years, not from the ‘Master Narrative’ perspective, that is the white male one’s, but from the exact opposite of this: an African-American girl. By doing this, she does not only awake pity for Pecola at the reader but also show how anti-black racism is constructed by social forces, interracially as well as intra-racially. Morrison represents African-Americans as people who suffer from the vacuum that white people create between them, the internalization of the white beauty ideal as well as theRead MoreThe Bluest Eye By Toni Morrison1189 Words   |  5 Pagesmembers in the community. In the novel The Bluest Eye by Toni Morrison, we are given an extensive understanding of how whiteness is the standard of beauty through messages throughout the novel that whiteness is superior. Morrison emphasizes how th is ideality distorts the minds and lives of African-American women and children. He emphasizes that in order for African-American women to survive in a white racist society, they must love their own race. The theme of race and that white skin is more beautifulRead MoreConfronting Social Identities in Society Essay1580 Words   |  7 Pagesexists in the world today, which includes but do not limited to self identity and racism. However, they somehow go unnoticed because at times people conform to what society thinks is the way to live. In my opinion, people believe they should act or feel a certain way because of what is broadcast on television, featured in magazines, and even brought into the limelight by celebrities. While Toni Morrison’s â€Å"The Bluest Eye† (1970) and Alice Walker’s â€Å"Everyday Use† (1973) both target ongoing social problemsRead MoreRacism in the Bluest Eye752 Words   |  4 PagesRacism in â€Å"The Bluest Eye† Several examples of racism are encompassed in The Bluest Eye by Toni Morrison. Characters who are members of the black community are forced to accept their status as the â€Å"others†, or â€Å"outsiders†, which has been imposed on them by the white community. In turn, blacks assign this status to other individuals within the lighter-skinned black community. In this novel, characters begin to internalize the racism presented by these people, and feel inferior. The stereotypeRead MoreThe Scrutiny Of Race And Beauty Within The Bluest Eye1636 Words   |  7 PagesThe Scrutiny of Race and Beauty within The Bluest Eye One of the significant themes that Morrison s, The Bluest Eye scrutinizes is the relationship between race and beauty. Rather how the predominant racial society’s point of view about beauty serves to degrade, ignore, and criticize different races by that compelling the affection of the domineering group by attaining the constancy of its eminence over less popular groups viewed by society. The Bluest Eye depicts the story of an eleven-year-old black

Stuff about the bomb Essay - 605 Words

The Most Difficult Decision Ever President Truman stood in the oval office full of many advisors, but was truly alone ready to make the hardest decision, which would change the world forever. Is dropping the bomb the right decision for the president to make? Dropping the bomb wasnt the right decision to make, because many people lost their lives and it wasnt right to make that move. On December 7, 1941 the Japanese bombed Pearl Harbor and on December 8, 1941 the president of the United States asked the congress to declare war on Japan. That’s what made the United States enter the war. When they attacked at that day, the Japanese destroyed 5 battle ships and another 19 ships. The United States kept fighting with Japan until 1945 and†¦show more content†¦and how they losing their lives. Also how people in the United States were feeling about losing those people. So he had to make the decision about ending the war and stop killing and how to do that in a way that could stop the Japanese from fighting again. He didnt want to use the bomb as a military weapon. nbsp;nbsp;nbsp;nbsp;nbsp;In addition, after dropping the bomb there were many consequences that he had to think about. People were one of these consequences; Stimson knew the problems people could have after dropping the bomb. All the concerns were very important to think about but Truman had to decide about the best way to end the war. All thought it wasnt the best for the people because it means many dead and whole destroyed areas. Truman was thinking about the best way to end the war with less American lives. If he waited to make Japan surrender it would be a long time and many will still be loss. He thought that the Japanese were ready to fight any time and it didnt matter to them how many people they lost or they will lose. The United States would asked the Soviets help, but the president and other leaders thought of that wouldnt be the right idea because the Soviets would take advantage in the postwar negotiations about the new government rules in Eastern Europe. Using the Bomb was a good idea to end the war and save many peoples lives especially Americas. Truman and his leaders didnt think about the people in Hiroshima or Nagasaki. EvenShow MoreRelatedSports And Music Festival At Las Vegas1186 Words   |  5 Pages A Skateboarder’s Legacy So I was chilling with my friends in the park, skateboarding they talked about the â€Å"Broadway Bomb† and some other stuff. I asked them what the Broadway Bomb was, they told me that it was a 7.9-mile race along Broadway in Manhattan. Although I’ve met Skateboarding Celebrities like Tony Hawk and Eric Koston, I’ve never had a chance to go skateboarding with them. But most of the Celebrity Skateboarders don’t even practice their Skateboarding Skills. AfterRead MoreColumbine High School Shooting Shootings1147 Words   |  5 Pagesthat was found out after the whole incident, containing the skills and personalities about the shooters and what can be changed. When the tragedy of the Columbine School shooting occurred, 3 main components surfaced: the preparation and planning, the shooting itself, and the aftermath of what happened and what was done. Before the attack,a lot of events happened, not just the planning but important stuff to know about the shooters. It was said that they were good kids. They had summer jobs at the sameRead More People Must Accept Responsibility for Their Own Actions Essay809 Words   |  4 Pagescriminal! Nobody takes responsibility for his or her own actions anymore. Someone commits a heinous crime, and anything but the criminal gets blamed. It was a harsh childhood, abusive parents, violent movies and video games, the availability of guns and bomb making materials, the Internet, pornography, peer pressure, etc. In my mind, if you commit a crime, then you are a criminal. I am the only one that makes the decisions I make in life. Others may influence my decisions, but ultimately, I am the oneRead MoreThe Death Of The Cold War1263 Words   |  6 Pages the ones who die right away are the lucky ones the others will have radiation poisoning which will cause all types of cancers. And it will affect fam ilies for generation to come And not only will it affect humans it will affect animals. Also the bomb didn’t just destroy people it destroyed the landscape, building, houses, anything in its radius. Although it wasn’t all bad as it did open us up to different power opportunities, although even then it can still cause problems a lot of problems includingRead MoreAtomic Bombs And Its Effects On The World s Top Scientists1487 Words   |  6 Pagesmonth after the test, President Truman dropped two nuclear bombs on Japan. These weapons were dropped only three days apart. The aftermath was so crucial it made the Japanese finally to surrender. Before there was the aspect of nuclear bombs people destroyed each other at each other stuff using conventional bombs. Casing full of explosives like Trinitrotoluene or known as TNT or ammonium nitrate. When they are detonated, conventional bombs created most of their energy in the form of a blast. ThisRead MoreIrving, Texas ( Ap )863 Words   |  4 PagesTexas (AP) — One of the largest Muslim groups in Texas said Thursday that it does not fault police and school officials who handcuffed and suspended a 14-year-old Muslim boy after he brought a homemade clock to class that they mistook for a possible bomb. Instead, Khalid Hamideh of the Islamic Association of North Texas blamed political leaders for espousing inflammatory anti-Muslim rhetoric and creating a climate of fear. We re not pointing a finger at the school district or the police departmentRead MoreInterview of a Person Who Lived During the Cold War890 Words   |  4 Pages-Yujean Chan 1. What do you remember hearing about the Cold War? What did people say about it? When I was a kid I remember hearing about nuclear weapons on the radio and my parents used to mention it too. I also remember hearing about the Cuban Missile Crisis though I didn’t really understand much about it since I was too young and I lived in Britain so I did not worry about it. I didn’t hear much about the war from friends or in class. I remember hearing about the Russians and that they were our enemiesRead MoreThe Treaty Of The Cold War1520 Words   |  7 Pagesthe United States used two bombs on Japan, Little Boy and Fat Boy. They were two atomic bombs, the first ones ever really used on another country. They had been dropped on Hiroshima and Nagasaki. Being a new thing, every other country wanted one, if not more. They wanted to build them, and put them to use. Russia, having the most people to put to work at the time, was able to figure it out and build one first, however, because of World War II, they were basically on bomb restriction, and couldn’t Read MoreNaruralistic Worldview Is the Denial of the Existence of Supernatural Causes888 Words   |  4 Pagesspiritual explanations† (Cosgrove, 2006, p. 85). Human beings, including all their parts, features, abilities, and internal states, are nothing but physical objects. ...Humans are complicated, physical objects, ..and are mere arrangements of physical stuff (Moreland, 1996). The human being in the Naturalistic Worldview is viewed as not much more than a biological machine whose primary purpose is the continuation of the survival of the human race. Naturalists view themselves as being different from traditionalRead MoreThe Theme of Religion in Church Going and In Westminster Abbey562 Words   |  3 Pagesbe religious is to try to take benefit, to be protected by God from war and from everything else, which could harm her. The arrogance and selfishness of the women can be seen as the way the poet expresses his feelings and thoughts about church, religion, believe and God. The poet expresses his ideas and sees religion as an invention of Church in order to control the population. The poet seems to have no belief towards religion what so ever; he sees it as an obstacle that