Accident: Unplanned and Sudden Events in Life Essay

I think that we all know what an accident is. An accident can take place anytime and anywhere. An accident is unplanned and is sudden events that can cause small or major damages to the person or property. Accidents are something we all have been in and no one can say that they haven’t been in an accident. There are many types of accidents such as, Auto accidents, Boat and water accident, Work and factory accidents, animal accidents (dog bite, snake bite), sport accidents, slips, trips and fall accidents. I have also been in many accidents but there is a one that I specially remember. This had taken place in India. It was a cold day. There was some fog and not much traffic on the road. Me and my friends where playing in the small field near the apartment. Suddenly we heard a loud noise. The driver of a car lost his balance at a turn. He crashed into an electric pole. We all rushed for rescue. Many other people also came running. The driver was badly hurt. We helped him to come out of the car. He had received a big cut on the forehead. He was profusely bleeding. Soon he was carried away in a car to the hospital. The driver was the only person in the car. The car was badly smashed. A pool of blood had collected on the road. After sometime a team of traffic police came. They cleared away the crowd. Then they began their investigation. It was a horrible experience. I could not believe my eyes. It all happened in no time. I still feel frightened when I remember the accident. See more: Sleep Deprivation Problem Solution Speech Essay I would also like to tell you about an accident that I have read about, this accident have taken place in Saudi Arabia. In Saudi Arabia the motor vehicle is the main means of transportation. Between 1971 and 1997; 564 762 people died or were injured in road traffic accidents, a figure equivalent to 3.5% of the total population in Saudi Arabia. During this period 66 914 people have died on the roads in Saudi Arabia due to road accidents, amounting to one person killed and four injured every hour. Over 65% of accidents occur because of vehicles travelling at excess speed and/or drivers disobeying traffic signals. Precautions that can be taken to prevent this accidents. On the road, don’t use your mobile phone whilst driving. Making or receiving a call, even using a hands-free phone, can distract your attention from driving and could lead to an accident. Belt up in the back in a collision, an unbelted rear seat passenger can kill or seriously injure the driver or a front seat passenger. Don’t drink and drive any alcohol, even a small amount, can impair your driving so be a safe driver don’t drink and drive. At home, you should always unplug appliance such as hair dryers, curling irons, and strengtheners’s and place them in a drawer. Never keep small appliances plugged in when you are not using them, as children can easily be electrocuted. Windows, Children can easily fall from open windows. Make sure your windows are locked and that they have screen coverings on them to prevent children from falling. In school, Do not allow kids to play on equipment that is broken, damaged, wet, or covered with sand or gravel (to prevent slipping), or when it is roped off or closed off. Stairs should not be steep and narrow so the children do not trip. The governments can also take some action on these accidents such as Most important method to bring down accidents is strict enforcement of speed limits. 90% of accidents can be avoided by strict enforcement of speed limits. Heavy Penalty should be imposed on ALL those who cross speed limits. If this is strictly implemented, nobody will dare to go at high speed. New gadgets are to be developed for collision prevention and should be fitted on all vehicle. Research organizations should be asked to develop such gadgets on a war footing. For example, gadgets can be developed to automatically slow down the vehicle, if safe distance commensurate with the speed of the vehicle in front is not maintained. Gadgets can be developed for warning the driver, if the driver sleeps. I hope you understand these things on accidents as how they can be very dangerous and how you can prevent them too.

Communication and Your Spouse

Communication and Your Spouse Interpersonal Communication 10/10/2011 Jacey Saucedo After reading â€Å"Can We Talk? Researcher Talks about the role of Communication in Marriages† I realized how much I can relate to it. I am a firm believer in communication and it being a key factor in any successful relationship. I feel as though I can relate to this article when discussing self-disclosure in relationships. I am a very vocal person anyway so in my relationship I am very vocal. I like to express my feelings good or bad. I open up and discuss any and everything with him. He’ll never have to guess or question my feelings for him. Once I got comfortable with him it was very easy to talk about my childhood, what I wanted for my future and anything in between. I agree that self-disclosure is important and is directly related to satisfaction in a relationship. If the person you’re in a relationship with always compliments you or makes your feel loved there is no reason why one wouldn’t be satisfied. If you can talk about any and everything and not just what you’re having for dinner that is clarification that this person is really into me and not just with me to pass the time. I can agree that with gender differences the communication level may change. I’ve experienced a man that was not so vocal and up until this day has yet to open up about everything with me. I found myself taking it personal thinking what is it about me that makes him not want to share these things from his childhood with me. I have had experience with another man that was very vocal he had no problem with communicating his feelings good or bad. He talked openly and candidly about his childhood amongst other things. I believe wholeheartedly in communication in a relationship. I believe if you exhibit self-disclosure in a relationship it will last longer and you will be happier in the relationship. References Can We Talk? Researcher Talks about the Role of Communication in Marriages, NARA SCHOENBERG. Houston Chronicle. Houston, Tex. : Feb 6, 2011. p. 7

Improve Concentration Essay

It is mostly due to peer pressure. In such a situation, parents are often seen questioning the counsellors as what can be done to encourage their child to concentrate and also have good social skills at the same time. Well, here are a few answers. The key to having good concentration is being smart. The child should be smart enough to concentrate while having fun. This can be done in many ways. While in class, if he/she is finding it hard to concentrate, here are a few tips they can adopt in order to improve their concentration skills. . Sit in the front row. Sitting in the front row helps you steer away from distractions like speaking to your friends, whispering or even passing notes. The closer you sit to the teacher, the better you understand. 2. Participate in class. The people who concentrate, know that the key to good concentration is participation. Ask questions, start a discussion, debate with the teacher. It might sound to be geeky, but once you get the hang of it, it’s hard to get out. It is a lot of fun and you also learn extra. . Strategize your notes. Jotting down the points the teacher says is something which every child in class does. Don’t be stereotypical. Don’t make notes, instead make learning strategies. It’s fun and at the same time it’ll make you stand out and you also will be entitled to think out of the box. 4. Turn off your phone. Having a phone is a major distraction. In class, make sure your phone is turned off. Don’t cheat yourself by profiling it to vibrate or silent. Turn it off, be honest to yourself. Nothing will jar your concentration more than getting a text from your friend during a class. 5. Get some good breakfast. It can be really hard to concentrate when your stomach is growling away the hunger. It’s hard to concentrate on what is being taught when you’re raiding a buffet in your mind. Make sure you eat a healthy breakfast. But ensure that you don’t fill your stomach to an extent where it will make you sleepy. 6. Have props while studying. Having a prop to play with while studying can make studying so much fun. For example : If you are studying about the earth, have a globe in your hand. Turn it around, see where the countries are located, play with the globe. This will make studying easier. 7. Use gadgets for studying. If you are bored of using the same old paper and books, use e-books. Buy an iPad or simply make notes on your laptop. 8. Have group study parties. Invite a bunch of friends over to your house and call it a â€Å"study party†. This not only sounds cool but is also beneficial. It will help you to study and will also improve your social status. But all you have to ensure is that you actually study with those friends and not just waste time in talking, dancing and playing around. 9. Exercise everyday. Yoga and meditation is the best way of improving one’s concentration skills. Even 10 minutes of meditation will calm your mind and will help you concentrate with a clear mind. I have been practicing these tips for a long time. And it has helped me achieve a lot of things in my life. I suggest the readers to follow these guidelines and be successful in your life.

Expensive Books At University Wisconsin Milwaukee Assignment

Expensive Books At University Wisconsin Milwaukee - Assignment Example The current situation in the university is that there are many items in the library but the students find them beyond their reach due to their expensive nature. The affordability of the textbook is beyond the reach of many students and the situation is accelerated by the current economic inflation. This means that learning is jeopardized and improvement of education in the school will lag behind. The price of books and supplies in the university is $1000. This contributes to a larger part of the school fee making it the costly factor in the student's life. For resident students, the total cost for one academic year totals up to $18775 whereas a non-resident student pays up to $28504. From this figure, tuition for resident students totals up to $8091 and tuition fee for nonresident student totals up to $17820. This shows how the high costs of the books affect the student’s fee, which may be costly to some and will be a great hindrance to effective learning. Estimates of the Number of Students to Buy Books The number of students in a particular institution is important in establishing the value of books to be bought. It also is important in estimating the limit to which students may be added to enable them to afford the books. The books should be adequate to facilitate each student to be in reach of the books anytime they are required to use them. Evaluation of Price against Potential Students to Buy Books The prices of books strongly depend on the number of students willing and able to buy the books.

Poor employee motivation and compensation at Walmart Stores Inc Research Paper

Poor employee motivation and compensation at Walmart Stores Inc - Research Paper Example Formerly Wal-Mart Stores Incorporation, the multinational was rebranded Walmart Stores, Incorporation since 2008. The organization is an American multinational corporation in the retail industry, owning and managing thousands of large discount department outlets in form of stores and warehouses. Currently, the corporation occupies the third position globally in the private sector. Walmart is also the biggest private organization employing more than two million workers across the world. The organization occupies the first position within the retail industry in the world. The organization is owned by Walton family, who control 48 percent of the shares. Additionally, Walmart is apparently one of the most profitable corporations in the world. Barely a decade after being founded by Sam Walton in 1962, Walmart was incorporated in late 1969 and later traded publicly at the New York Stock Exchange. With its headquarters situated in Bentonville, Arkansas, the multinational is also the biggest retailer of grocery in America. Three years ago, the corporation generated more than half of its income from grocery sales in the United States market. The Corporation also owns and manages the Sam's Club warehouses situated in North America; the store falls within Walmart’s retail business. Walmart boasts more than 8,500 outlets in 15 countries.These branches are, however, existing under different names. The organization operates under the popular Walmart name in the native United States and Canadian market, and also in Latin American states. such as Puerto Rico, Brazil, and Argentina (Agren, Ogier, & Bamrud, 2011). The organization serves Mexicans under Walmex name, Britons as

Political Ideas and Political Change in Britain that Have Affected the Essay

Political Ideas and Political Change in Britain that Have Affected the Nature of Public Service - Essay Example Political ideas play a major role influencing the thinking and conduct of the leaders and when such leaders who when in power institute different approaches to governance which also shapes the public service used to achieve the goals of the electorates. The leader and his or her dominant political ideology determine strategies used handle the human nature and all the challenges facing the society. Government policies therefore originate from the main ideas of the political party that forms the government. At times, a government may modify or create radical change to the existing structure of governance and society as perceived suitable for achieving the desired outcome. Political ideas and Public Service An ideology is a as a set of ideas, visionary images and thinking patters that shapes how an individual or a class of people view society or other matters such as economic, political and governance systems. Political ideologies are therefore a set of ideas that provides a basis for o rganized political action, whether it intends to preserve, modify or overthrow the existing system of power. Ideas give a world-view, provide a model for the future, a vision for a good society, and outline how a political change can be brought about. Although democracy is a common system of governance worldwide, it is ideal governance approach but not an ideology. Ideologies are underlying principles that guide political action of an individual or a political class (Heywood, 2007). A political ideology may describe and interpret the past and present and define what the ideal future should be like, plus the appropriate strategies and policies for achieving the goals. Such political ideas therefore explain the human nature and history about the state in a way that steer political action and provides a plan for action. It also cut across political parties and may a leader may use different ideologies to support their policies. Identifying personal ideology involves having an understan ding of the human history that may have shaped the past and adopting a personal approach to shaping the world in future. This is important in any leader since human beings are controlled by motivation and events and at times structures. The ideas of the leader adopted to solve any situation may change the event and the condition and produce the desired change (Hoffman and Graham, 2006). Public service is an instrument used by the political leadership to achieve political goals and to serve citizens who pay tax to enjoy the common good. The public service therefore changes with the political ideology of the political party, which forms the government. Britain has had a number of ideologies brought by different leaders each of which introduces specific approaches to public service over the years. This is because public service is directly under the control of the political leadership and therefore the agenda of a political party, has to influence the structure and systems adopted by t he public service (Heywood, 2007). The main political ideologies The major political ideas, which have shaped the post war Britain to the present, include Liberalism, Socialism, Conservatism, Welfarism, Neo-liberalism, The Third Way and The Big Society. Each of these varies between two extremes of left which is also known as communism dominated by socialism and liberalism at the centre, then moves to conservatism the extreme right of either fascist or

(need to be determined) Essay Example | Topics and Well Written Essays - 500 words - 1

(need to be determined) - Essay Example Some familiar materials that exist in the universe, they are made of neutrons, protons and electron and these materials are called the baryonic matter. The dark matter can either be made of non-baryonic matter or baryonic matter. To hold the universe elements together, the dark matter has to consist of about 80% of the matter (Bahcall et al. 2004). One interest thing about the dark matter is that the scientists cannot see it. Then how do they know it exists in the first place? Scientists have learned to calculate the mass any huge object’s in the space through the study of their movement. In the 1950s when some scientists were examining spiral galaxies, they expected to witness the materials at the center to be moving fast as compared to those on the outside (Spooner and Kudryavtsev 2001). Against their expectations, the scientists discovered that the stars that were in the same position were traveling at a similar velocity. The results indicated that the galaxies are made of a lot of mass that cannot be seen. The elliptical galaxies studies further indicated that visible objects had more mass. Albert Einstein proved that huge objects in the space bend light and distorted it, making them be used as lenses. Through the study of light distortion in the universe, the scientists have been able to create dark matter maps in the universe (Bertine 2010). The gravitational mass can be derived from the observation of movement of the gas clouds and the stars motion is the disk as the spiral galaxy (for example the Milky way) in the disk as they circle the center (Rubin 1997). The galaxy rotation curve reveals how the speed of the stars around the center as the gap from the center increases. The majority of the spiral galaxies are known to reveal flat rotational curves out in the longest distance they can be traced, even after they disappear into the distance. It is, therefore, reasonable to

Safety at home for Senior citizens Essay Example | Topics and Well Written Essays - 1000 words

Safety at home for Senior citizens - Essay Example So senior citizens today are more and more hesitant to leave the safety of their homes. But how safe are the homes that we live in today. There are many things even at home that can harm us. Burglary, fires, faulty floor work or even a wet floor are just some of the things that can hurt us in the confines of our homes. Elderly people are even more prone to such accidents. This is because ones perception, senses, reflexes and presence of mind decreases as a person grows older. Also senior citizens have a weaker judgement of depth perception (Regnier, 1994). Older people have weaker and brittle bones that make them more vulnerable to accidents. According to the Home Safety Council, there are nearly 20,000 deaths and 21 million medical visits on average each year because of home related accidents. Just by some simple precautions and a few adjustments we can make our homes a much safer place to live in. One out of every five Americans needs help to see, hear, speak, walk, use stairs, or lift objects - and a well-designed space plan can mean the difference between an independent, home-based lifestyle or a severely hampered one (Leibrock, 1994). Mr. James Hall is a 91 year old widower who lives alone. He is my neighbour and suffers from Alzheimer's disease. A man in such a situation can be prone to many harmful situations so it is important that he takes preventive measures and is extra careful. I visited Mr. Hall at his home in an effort to educate him about home safety. My aim was not only to advise him on how to maintain safety but to also make sure that he remembers it and tries to implement the same in the future. At first like most people Mr. Hall did not take things serious and probably thought that he has been doing things for over 90 years and what could a person like me really teach him, but I soon changed his mind and managed to get his attention. I started by explaining Mr. Hall of the general safety measures that all houses must have. To keep focus on the topic I used pamphlets that seemed to interest Mr. Hall even more. I know that the pamphlets were effective since Mr. Hall was able to review them in my presence and he also wanted to keep a few of them for future reference. I next began to explain Mr. Hall about the potential dangers that an old man like himself can face especially when living alone. This I realised made him really pay attention and listen. Then I began to talk and explain of safety measures to avoid harmful situations in general after which I got specific about how safety should be maintained in each room. The following are the safety precautions that I advised Mr. Hall to follow. First the general precautions:- Every telephone in his house should have besides it a list of emergency numbers along with a few of them on speed dial. It would also be advisable to carry a cell phone at all times. In case of a fire I helped devise an exit plan and also asked to make sure each window can be opened easily from the inside. Smoke detectors must also be installed. Door handles must be levers and not circular knobs (Tremblay, 2007). Locks must be easy to operate but not easy to brake or pick. To prevent tripping, door thresholds must be removed or must be low. Also there must not be small rugs or even carpets

International Law as a Substantive Law Essay Example | Topics and Well Written Essays - 1750 words

International Law as a Substantive Law - Essay Example They have been active for long enough and are administering over the peace, smooth operation of activities and other political activities monitoring and facilitating the member countries.The overall performance of international law and the organs sanctioned under it:There are number of positives that can be attributed to the existence and working of international law. This comes in form of the prevention of the Third World war. Since the horrific event of Hiroshima, Nagasaki the world has been protected from the outbreak of any nuclear war. This can be attributed to the entity of United Nations and the work of International law.Apart from this the entity of United Nations organization have intervened time and again to prevent further escalation of circumstances and scenarios in different parts of the world. The presence of U.N peace keeping force is another area that speaks of the effective presence of the global entity of United Nations.The case of Yugoslavia and U.N:Yugoslavia saw one of the most barbaric event of history since the end of Second World War. It was engulfed into a war within. The nature of the war was ethnic in nature and the subjects were being persecuted. United Nations organization as the rightful owner and protector of the humanity and mankind rose to the occasion and took notice of the events that were taking place there. It dispatched United Nations peacekeeping force that was sent for purpose of restoring peace and protecting any further escalation of the situation.

Criminal Justice System Essay Example | Topics and Well Written Essays - 500 words

Criminal Justice System - Essay Example One of the issues facing the justice system is the existence of a gap in terms of punishment to adolescent offenders, especially for extreme crimes such as murder. Scott and Steinberg argue that the adolescent cannot be punished as a juvenile delinquent as for this may be too lenient while punishing the adolescent as an adult maybe also be too harsh. The justice system is then faced with a difficult decision as both of these punishments is seems inappropriate. For example, in a recent case of Graham versus Florida, Graham, 16 years old was found to have violated his probation terms by committing other crime. In the hearing, the court found Graham culpable of the previous charges, revoked his probation and sentenced him to life imprisonment without an option of parole. In this case, the first ruling seems quite lenient in that the offender does not reform or cease to engage in criminal behavior but in fact seems to increase his engagement in crime. The second ruling of life imprisonme nt without parole seems to be too severe considering his was a non-homicidal crime and regarding his age, he would spend most of his life in prison. The fact that there is no national consensus on the punishment of criminal offenders between the ages of 14 and 18 years presents another challenge to the justice system in the US. For example, in the case of Roper versus Simmons, Simmons had planned and committed a murder at the age of seventeen. Such a violent crime cannot go unpunished. At the age of eighteen, he was sentenced to death which is the punishment for adults. Whilst the evidence presented was overwhelming, the fact that he committed the crime while he was still seventeen did influence the reduction of his sentence from a death penalty to life imprisonment.  

El Lissitzky Essay Example | Topics and Well Written Essays - 3500 words

El Lissitzky - Essay Example He designed several exhibition display and propaganda for the Soviet Union and experimented with several techniques and styles that set him apart from other artist, in creativity, and later paved a niche for him through the 20th century (Lissitzky-Kuppers, 1980; Stedelijk Van Abbemuseum and El Lissitzy, 1990). Lazar Markovich Lissitzky, a Jew, started as an artist early in life copying and illustrating Yiddish children's books. His efforts were basically aimed a promoting the Jewish culture in Russia, in line with the several changes taking place after the country's anti-Semitic laws were repealed. Starting at the age of 15, he began teaching, a duty that he never strayed far away from, for the most part of his life (Friedberg, 1987). He taught in a variety of positions, schools, and artistic mediums, spreading and exchanging ideas at a rapid pace. The ability to imbibe people's ideas and at the time same influencing them, was his unique trait. This trait was exhibited when he met and worked with Malevich in heading the suprematist art group UNOVIS, when he developed a variant suprematist series of his own, Proun, and further still in 1921, when he took up a job as the Russian cultural ambassador in Weimar Germany, working with and influencing important figures of the Bauhaus and De Stijl movements during his stay (Stedelijk Van Abbemuseum and El Lissitzy, 1990). Also, in his later days, he significantly influenced and brought several innovations to the fields of typography, exhibition design, photomontage, and book design. He produced several internationally recognised works. This continued until his deathbed, where in 1941 he produced one of his last known works - a Soviet propaganda poster rallying the people to construct more tanks for the fight against Nazi Germany (Lissitzky-Kuppers, 1980). However, the entire career and works of El Lissitzky was inspired by his belief that art should serve the needs of the society and that the artist should be an agent of change. From this perspective, it can be argued that his innovations in the world of art were driven by his resolve to serve societal needs, or affect the lots of the people, giving his devotion to the communist movement (Lissitzky-Kuppers, 1980; Stedelijk Van Abbemuseum and El Lissitzy, 1990). This essay therefore, intends to examine the life and work of El Lissitzky with a view to analysing the impacts and effects that the ethical and ideological views prevalent during his days, especially during the Russian Revolution had on his approach to art and design. To achieve this purpose, this essay will be structured thus: the first section of this essay shall briefly describe the history of El Lissitzky and the rise of the Proletarian Culture to provide a background understanding of his early days and perhaps his motivation. The second section will describe the several popular works of this artist and attempt to critically examine the influence of the prevalent soviet ideological of the time, on such work of art. Also, by looking at how his approach to art and design metamorphosed from the early days of illustrating Yiddish books to his later days in typography, on would gain an insight into how prevalent ethics and ideological perspectives influenced his approach to, and

Employee Rights Review Essay Example for Free

Employee Rights Review Essay â€Å"Acts of Equal Employment Opportunity and Employee Rights† laws make it illegal for employers to discriminate against an employee or potential employee in certain workplaces. The Family Medical Leave Act of 1993 was created to grant family temporary medical leave. The Age Discrimination in Employment Act of 1967 was created to prevent employees from being discriminated against because of age. The Drug- Free Workplace Act of 1988 requires some federal contractors and federal grantees to agree that they provide drug-free workplaces as a precondition of receiving a contract or grant from a federal agency. The requirements for organizations are more extensive because organizations have to take comprehensive, programmatic steps to achieve a workplace free of drugs. In the case, Coleman v. State of Maryland Court of Appeals, Coleman, an employee for the Maryland Court of Appeals, requested time-off for the purpose of tending to serious personal health issues. The request was denied and Coleman was informed he must resign from his position or risk termination. Coleman sued his employer, claiming that by denying him self-care leave the state court was in violation of the Family and Medical Leave Act of 1993. His employer, the state, argued that the case should be dismissed based on the state’s ‘sovereign immunity’. Sovereign immunity is a legal provision that says a government agency cannot be sued unless they agree to be sued. After dismissal by the Federal District Court and the Fourth Circuit Court, the case was heard by the United States Supreme Court. On March 20, 2012 the Supreme Court ruled that a provision of the Family and Medical Leave Act giving workers time off to care for health related issues such as serious illness, pregnancy, or childbirth, is not enforceable in cases involving state employees (Migdal, 2012). The Court justified the ruling by stating that the lawsuits by state employees permitted under the FMLA would violate the constitutional rule that the states, as sovereigns, are immune from suits for damages. Basically, the Supreme Court ruled that state workers cannot sue the states under the Family and Medical Leave Act, essentially stripping public employees of the job protection otherwise provided by the act. The Family and Medical Leave Act of 1993 protects employees of organizations with more than 50 employees in the case of childbirth, adoption, their own medical care or the care of a family member. The law has several stipulations such requiring 1250 working hours in the prior 12 months, therefore, accurate recordkeeping and a process in place to determine FMLA eligibility and compliance is crucial. An example of a company HR policy regarding the Family and Medical leave Act of 1993 may read: â€Å"Employees employed for 12 months or more and who have worked at least 1250 hours in the previous 12 months, may take an unpaid Family and Illness Leave for up to 12-weeks per year. Employees are required to use all available paid time accrued for the leave period prior to unpaid leave.† â€Å"The amount of Family and Illness leave will be based on the amount taken in the 12 months preceding the request for leave, and in cases of serious health condition, require adequate medical certification.† â€Å"Family and Illness Leave may be taken intermittently, or for less than a full day. If the employee remains out on leave for more than 2 weeks, additional medical documentation may be required as allowed by law.† â€Å"An employee returning to work from Family and Illness Leave shall return to the position held at the beginning of the leave, or to an equivalent position with equivalent pay and benefits.† â€Å"Employees on a Family and Illness Leave will continue to have the Employer’s portion of the cost for health insurance paid by the Employer during the leave period. It is the responsibility of the employee to make on-time payments for their portion of those benefits while on leave.† Individuals 40 years of age and older are protected with employment by The Age Discrimination Employment Act. Applicants and employees alike have protection under the ADEA. â€Å"The law protects discriminating against an individual with respect to any term of employment, as it relates to age, compensation, benefits, job assignments, hiring, firing, layoff, job assignments, and training† (U.S. Equal Employment Opportunity Commission, 2012). Employers who employ 20 or more employees must comply with the Act. A 70-year-old pharmacist employed by Kmart in Honolulu recently challenged The Age Discrimination Employment Act. The lawsuit charged by the EEOC recognized that Kmart unlawfully discriminated against the pharmacist, and a settlement was reached for $120,000. A Kmart store manager openly â€Å"stated that the pharmacist was too old, should retire and was greedy, for continuing to work at the age of 70† (Inside Counsel, 2012). The age discrimination act protects folks for age harassment. In this case the pharmacist was continually distraught with regard to remarks about her age and the hostile work environment that could have resulted. Employers tend to stereotype older workers as employees’ stuck in their ways, and who cannot adapt to new changes. Additionally, employers believe that training older workers is a cost and not a benefit. The Age Discrimination Act prohibits these scenarios from occurring with people over the age of 40. Regarding the Age Discrimination in Employment Act of 1967, certain occupations have an exception to the law if the organization can prove the necessity to enforce an earlier retirement or decrease of job responsibilities. An example of a company HR policy showing compliance with the Age Discrimination in Employment Act of 1967 may read something like this: â€Å"The Company complies with the Age Discrimination in Employment Act of 1967, and prohibits age discrimination in employment practices of individuals 18 years or older. This policy applies to but is not limited to issues involving hiring, discharge, compensation, terms, conditions, advancement, recruitment, promotion, demotion, transfer, layoff, training, or privileges of employment.† The Drug-Free Workplace Act â€Å"requires institutions that receive grants and certain contracts from any federal agency to certify that it will provide a drug-free work place† (Office Of General Counsel, 2012). The law was enacted in 1988 and it began with federal contracts of $25,000 or more but was later changed to $100,000 or more where it stands today. The court case that has caused the most controversy is Gary Ross v Ragingwire Telecommunications Inc. After California legalized medical marijuana Ross obtained a prescription for the drug and used it as directed. He was later fired by Ragingwire Telecommunications for failing a drug test as a result of the use of medical marijuana. â€Å"The court ruled that drug testing in the state was legal, that firing an employee for use of medical marijuana was not tantamount to discrimination and that employers are not obligated to accommodate the use of medical marijuana—even outside the workplace† (Schwartz, 2010). This ruling is important because while some states have legalized medical marijuana and protect individuals from criminal prosecution, it remains clear that a drug-free workplace is critical to the safety of the entire workforce. To avoid conflict an organization must establish the guidelines for drug testing and communicate the expectation clearly to employees. The human resources team may establish the process for drug testing and implement a plan to assist employees that test positive on drug screens, such as offering the employee rehabilitation (DeCenzo Robbins, 2007). An example of a company HR policy showing compliance with the Drug-Free Workplace Act may read something like this: â€Å"The possession, use, or sale of illegal drugs while on Company property is strictly prohibited. The misuse of any illegal drugs and/or alcohol while on Company time or during breaks or meals, is strictly prohibited. Any employee under the influence of alcohol or drugs that may impair judgment, performance, or the safety of the employee or others while on Company property, Company business, or during work hours, is subject to discipline up to and including termination. The Company conducts post-accident drug and alcohol testing of employees when an accident occurs during company time as allowed by law. The Company reserves the right to conduct random drug and/or alcohol testing at their discretion for performance or behavior issues. A positive result from any testing conducted may result in immediate termination, or unpaid leave to enter an approved rehabilitation program at the Company’s discretion. These conditions are by no means established as a right of the employee, and may be rescinded at any time without prior notice by the Company.† References Migdal, A. (2012). Blog of Rights. Retrieved from http://www.aclu.org/blog/womens-rights- reproductive-freedom/not-so-secret-war-moms-how-supreme-court-took-protections Swanton, Mary, Inside Counsel, EEOC Wins Settlements in Age Discrimination Cases Involving Senior Citizens, retrieved on December 1, 2012 from website, http://www.insidecounsel.com/2010/03/25/eeoc-wins-settlements-in-two-age-discrimination-cases-involving-senior-citizens U.S. Equal Employment Commission, retrieved on December 1, 2012, from website, http://www.eeoc.gov/eeoc/publications/age.cfm Schwartz, S. K. (2010). The Drug-Free Workplace v Medical Marijuana. Retrieved from http://www.cnbc.com/id/36179669/The_Drug_Free_Workplace_vs_Medical_Marijuana Office of General Counsel. (2012). Retrieved from http://counsel.cua.edu/copyright/index.cfm Sue Shellerbarger, â€Å"Work and Family,† The Wall Street Journal, August 22, 2001. Retrieved 11/29/2012. http://www.benefitslink/buying-time-off/policy/hr/whitman/press.org http://www2.cortland.edu/offices/hr/affirmative-action/policy-on-the-age-discriminatio n.htm http://www.eeoc.gov/laws/statutes/index.cfm http://en.wikipedia.org/wiki/Employment_(Equal_Opportunities)_Law,_1988

How Important Is Energy Sustainability Environmental Sciences Essay

How Important Is Energy Sustainability Environmental Sciences Essay Thesis statement: With non renewable resources of energy being consumed at a very rapid rate, sustainability of energy has become the need of the hour. In the current context of meeting the global energy demands nuclear energy meets every reasonable criterion for sustainability. The increase in the concerns about the harmful side-effects of global warming, coupled with a faster dwindling of the conventional sources of energy, have led to a renewed interest in nuclear energy. After the Cold War, nuclear energy development was largely forgotten for many years until this renewed desire among developed nations for the availability of alternative energy sources to meet their ever increasing energy demands. With the prices of oil and global warming concerns rising steadily, the clean-burning properties of nuclear power are becoming much more attractive. Nuclear energy is viewed as an ideal replacement for the non renewable sources of energy for the four following main reasons. Firstly Nuclear energy produces the most energy than any non-renewable resource. Secondly high reserves of uranium are found on earth which is the raw material for nuclear reactors. Thirdly there is no release of greenhouse gases such as carbon dioxide, methane, ozone, chlorofluorocarbons du ring a nuclear reaction. Finally the amount of waste produced is the least of any major energy production process. Although there are various risks involved when using nuclear energy, I will argue that nuclear energy is the best source of energy to replace oil and also I will argue that nuclear energy wastes are treatable, can be recycled and possess no threat to mankind.   Of the various advantages of nuclear energy, its efficiency is by far the most important. One of the major criterions that determine an efficient source of energy is the amount of energy it produces and how it impacts the environment. It is a basic energy fact that the fission of an atom of uranium produces 10 million times the energy from an atom of carbon than does coal. Nuclear energy extracts by far more energy from the natural resource Uranium than does the exploitation of oil or any other natural resource. In 1950s Dr. M. Hubbard, Geologist at Shell, said that US Oil would peak in 10 to 15 years. He was laughed at and in the 1970s we ran out of Oil. His statement was based on a Discovery Bell Curve which said oil production continues to go up even after the oil discoverys drop off and that the rate that we run out of oil can be measured on the lack of new discoveries. Heres a quote from NEIs website: Nuclear plants are the lowest-cost producer of baseload electricity. The avera ge production cost of 1.87 cents per kilowatt-hour includes the costs of operating and maintaining the plant, purchasing fuel and paying for the management of used fuel. These facts prove nuclear energy as the most efficient form of energy over its competitors, including oil, coal, wind, hydroelectric, and near-term solar power.   Many people are of the opinion that uranium is a rare metal, but its about as common as copper or tin and 40 times more common than silver. Uranium, the chief source of nuclear fuel, is vastly abundant, which makes this resource similar to other renewable resources. As per the NEAs (Nuclear Energy Agency) findings, uranium resources of total 5.5 million metric tons and an additional 10.5 million metric tons remain undiscovered-a roughly 230-year supply at todays consumption rate in total. Bernard Cohens, Professor of Physics at Pittsburgh University, 5 billion year estimate is based on extracting uranium from seawater, which the Japanese have already shown to work. Cohen calculated that we could take 16,000 tons per year of uranium from seawater, which would supply 25 times the worlds present electricity usage and twice the worlds present total energy consumption. He argued that given the geological cycles of erosion, subduction and uplift, the supply would last for 5 billion years w ith a withdrawal rate of 6,500 ton per year. His comments support the fact that uranium is a renewable resource of energy.   Among the many benefits of nuclear power, the main advantage of nuclear power over other methods is that it is a clean way to produce energy as it does not result in the emission of any of the poisonous gases like carbon dioxide, sulfur dioxide or nitrogen dioxide. With the pollution levels in the atmosphere greatly affecting the general climatic conditions, nuclear energy is definitely a preferable option when compared to burning of fossil fuels (Dujardin 2007). Production of nuclear energy doesnt contribute to emission of green house gases as it does in the case of fossil fuels. Also, going by the alarming rate at which the fossil fuels are burned, it is predicted that, the coal and oil deposits across the world are expected to deplete by end of this century. Uranium deposits, on the other hand are here to remain for a long time, and even if they get depleted, alternative sources in form of plutonium and thorium also exist.   Nuclear energy is also considered to be renewable depending on the type of reactor that is being used. A special type of reactor design called a breeder reactor can create or refine radioactive elements as a part of its functioning (Young, 1998). There are breeder designs that, once operating, can refine uranium, turning even natural uranium into fuel-grade uranium that can be used by other standard reactors. Some breeder designs create plutonium as a byproduct, which can be used for either power generation or in nuclear weapons. Currently, there are 442 reactors operating in the world, 130 of which are in the United States. Another 12 are being built in foreign countries. With the current technology, only 1% of the energy available in uranium is able to be captured by thermal reactors. This energy makes up between 11% and 18% of the total energy available in the world. Developing technologies that would allow us to capture more of this available energy is at least 15 years away, but with incentives, these advances could be a realistic part of our future. The potential is not the only part of the advantages of nuclear energy.   Nuclear energy has another advantage in that it is relatively inexpensive to produce when compared to conventional methods of energy production. Uranium is reasonably cheap to mine, and easy to transport to reactors around the globe, making nuclear energy. While the cost of producing other forms of energy has risen steadily over the last 26 years, the cost of producing nuclear energy has dropped, over the same period of time, with an average finished cost between 3 and 5 cents per kilowatt (Makhijani Saleska, 1999). The potential is not the only part of the advantages of nuclear energy. Regardless of the various definitions of renewable, nuclear power therefore meets every reasonable criterion for sustainability, which is the prime concern.   Both, the disadvantages and advantages of nuclear power plants have to be taken into consideration when determining whether this source of energy is efficient for development of power or not. While the critics of nuclear energy have been citing the various nuclear power plant disasters that have occurred in the past as one of the main reason for refraining from use of nuclear energy, its proponents are confident that it has the ability to sustain the energy requirements of the entire world, in a safe manner. Overall, however, I believe that the use of nuclear energy greatly outweighs any other sources of energy.  

Advantages Of Aluminium As A Shipbuilding Material Engineering Essay

Advantages Of Aluminium As A Shipbuilding Material Engineering Essay The use of aluminium in any vessel involves a radical set of production methods compared to traditional shipbuilding processes. Hence, the methods used for the construction of aluminium vessels are an important factor in the feasibility study. The welding of aluminium is susceptible to hot cracking and can only be done using certain processes. It is important to employ the correct welding methods to serve different purposes. As aluminium technology matures over the years, new production methods such as aluminium extrusions were introduced in a bid to save time and which has also proven to be economical. The use of aluminium in naval shipbuilding exists in two forms; first there is the aluminium-steel ship, where in the case, the superstructure is made from aluminium intended for topside weight saving, and the hull made from steel. Then there is the all-aluminium ship, with the purpose of achieving a considerable overall reduction in weight. It is important to understand that though both forms have their advantages, there are design issues that must be addressed related to the use of aluminium in naval vessel. Background 1.2.1 Advantages of aluminium as a shipbuilding material Aluminiums most important characteristic is its light weight. When coupled with a reasonable tensile strength, it has grown to become the choice of material for many naval ships in the world. In a research by Wade (1996), when it comes to naval shipbuilding, mission capability is the most heavily evaluated criteria of the program. Speed is an increasingly important parameter under mission capability due to the shift in the maritime strategy of the worlds navies from blue-water operations that include traditional Anti-Submarine Warfare, Anti-Air Warfare and Surface Action to littoral operations focusing on surveillance, mine-clearing, counter-terrorism and support for landing operations. Ship Structure Committee (2012) suggests that there are many design parameters that can be optimized for a better performance, where structural weight is one such parameter that gives the most out of cost efficiency. According to Lamb and Beavers (2010), a decrease in weight relates directly to the reduction in material costs and operating costs throughout the service life while reduction in the power demand gives a higher fuel efficiency, higher speed, longer range and additional tonnage capacity. Also, aluminium gives additional benefits in the form of maintenance cost savings, where less painting is required. Brown (1999) mentioned that corrosion protection offered by aluminium is around 100 times slower than structural steel. The excellent corrosion-resistance of aluminium owes its trait to the thin layer of aluminium oxide that forms immediately when the metal is exposed to air, protecting it from external elements. The use of lightweight material like aluminium can also lead to stealth improvement (International Ship Structure Committee, 2012). In a timespan of just over a decade, aluminium high speed vessels have evolved from 30m long vessels that carried passengers and operated in littoral waters, to 120m long vessels that could carry both passengers and vehicles which operated in the open waters. Ship Structure Committee (2012) gave an overview of the prospect of aluminium in naval shipbuilding. Aluminium is a growingly popular metal in the marine industry, typically the naval shipbuilding industry because of the wide range of physical and mechanical properties that can be created through the alloying process. Aluminium can be alloyed with chromium, copper, magnesium, manganese, scandium, silicon, silver, tin, titanium, zinc and zirconium. This wide range of alloying produces different grades of metal each with different properties. Promising properties includes reduction in stress corrosion susceptibility, improving of toughness, strength and hardness, improving of strength without a decrease in ductility, good weldability, increase in tensile strength, elimination of hot cracking in welds, decrease in electrical conductivity and reduction in quench-sensitivity. However, the discrepancy of the material property and behaviour of aluminium was found to vary with different sources (Sielski, 2007). The differences come as a result of different standards used for determining yield strength. Some tests were done using a 50-mm gage length that measures only weld metal and heat-affected zone, and other tests use a 250-mm gage length sample that includes the base metal. Shown in the following is one such example of aluminiums yield strength discrepancy. Table (1), extracted from (Sielski, 2007). 1.2.2 Disadvantages of aluminium as a shipbuilding material Like any other material, aluminium also has its drawbacks. The two most important properties of a material are perhaps its yield strength and modulus of elasticity, a structure will be designed with considerations around the two properties to ensure that it is able to withstand a given load without exceeding certain permissible deflections and stress level, where the stress level is equal to the yield stress divided by a factor of safety. Albeit aluminium alloy has a high strength-to-weight ratio, it is to be noted that for every strong aluminium alloy in terms of yield strength, there is a stronger structural steel available. In terms of Modulus of Elasticity, which is the measure of stiffness of a material, aluminium and steel measures at 69 GPa and 200 GPa respectively. Since aluminiums stiffness is only a third of steel, it will likely be deformed three times more easily than steel if put under high strain. Therefore the use of aluminium alloy is generally only limited to vessels of up to 130 meters in length (Ship Structure Committee, 2008); the longer the vessel the more stiffening is required, until a point of impracticability. The figure below illustrates the undefined yield strength of an aluminium alloy as compared to mild steel. It is important to note that for aluminium, normally 0.2% strain limit or proof stress is used for design purposes. Yield Strength of Steel and Aluminium Figure (1), graph taken from (http://aluminium.matter.org.uk/content/html/eng/default.asp?catid=217pageid=2144417131) Another consideration is the low melting point of aluminium. As a naval vessel will likely be subjected to on-board fire if it comes under attack, the loss of mechanical properties of aluminium when temperature exceeds 200ËÅ ¡C (Ferraris, 2005) is unfavourable. Some classification societies and navies do not permit the use of aluminium for structural applications. While DnV, ABS and RINA permit the use of light alloy and AA5xxx series, Lloyds register does not. Brown (1999) noted that the cost of aluminium is roughly five times the cost of steel. Though it may be feasible to replace structural steel with aluminium alloy in view of the latters weight-saving and corrosion resistance properties, but it might not necessarily be economical. Table (2) Current Methods To determine the applicability of aluminium in naval vessels, it is important to look at the current aluminium technology available. The manufacturing and production process for aluminium is relatively new. Aluminium welding like the FSW process was invented just two decades ago at the Welding Institute in the UK. For aluminium usages to be feasible for large scale production of naval vessels, then the overall productivity must be improved. Such can be achieved through the application of aluminium extrusion and FSW as these methods offer significant cost savings (Collette et al., 2008). The existing studies on the reliability of aluminium stiffened panels can also give a clear idea of some of the impacts of aluminium usage. 1.3.1 Aluminium extrusions Adding to the advantages of using aluminium is its ability to be extruded. Extrusion can allow complex design of stiffeners to be produced which can, if used appropriately; reduce the effect of stresses experienced in the mid-ship region due to hull girder bending. Collette et al. (2008) researched on the ultimate strength and optimization of aluminium extrusions. Extrusion allows a designer to replace conventional welded plates or stiffeners with extruded profiles of varying thicknesses and it can be used on decks and side shells, places with large amount of area for an increase in weight savings. This method effectively reduces the number of welds to be performed and also reduces the complexity of the overall design of the structure. The study examined three different types of extruded stiffeners, the conventional T type, the sandwich type and the hat type for use on board a high-speed vessel. The performance of all three types was found to be similar, and the study concluded that the panel should be selected based on considerations rather than which has the best strength to weight ratio. Such considerations may include cost, ease of construction and material fatigue. In the figure below, the joining of conventional plate to the stiffener requires welding while for the extruded panel, both the plate and stiffener is extruded as a single unit. Sectional view of Aluminium Extrusion panels Figure (2) 1.3.2 MIG and FSW welding To consider the feasibility of using aluminium in shipbuilding, it is important to look at aluminiums weldability. Metal-Inert-Gas (MIG) welding, a subtype of Gas-Metal-Arc-Welding (GMAW) is the earliest form of welding for aluminium plates. In the 1950-60s, further developments gave more versatility which resulted in a highly used industrial process nowadays. Until recently, a new and better method of aluminium welding is invented, namely the Friction-Stir-Welding (FSW). FSW is a new concept of welding where the metal is not melted for the joining process so that the mechanical properties remain unaltered as much as possible. The join between the two plates is then softened for the metal to fuse using mechanical pressure. Kulekci (2010) notes that the FSW increases tensile, impact, and fatigue strength of the welded joint as compared to MIG process. Less hardness change and a narrower heat-affected zone can be expected in the welded material as less heat is produced from the FSW process. Higher heat intensity from the MIG process can damage the mechanical properties of aluminium. By using FSW, production rate and quality will increase and production costs will decrease. Friction-Stir Welding Process Figure (3), pictures from (http://www.fpe.co.uk/processes/friction-stir-welding) 1.3.3 Heat-Affected Zone Mahoney et al. (1998) researched on the FSW process induced Heat-affected zone (HAZ) of the 7075 T-651 aluminium alloy. A series of tensile tests both longitudinal and transverse to the weld produced results that showed the weakest region is at the lower temperature location within 7 to 8mm from the edge of the weld area. While the average weldable aluminium alloy displays a 30 to 60% reduction in yield and ultimate strength, the loss in ultimate strength of FSW aluminium alloy is only around 25% and the yield strength at the HAZ is about 45% less than the base metal. 1.3.4 Strength and reliability in aluminium stiffened panels Benson, Downes and Dow (2009) note that as aluminium alloy is an established structural material in the shipbuilding industry for high speed crafts and naval vessels, the analysis for large high speed craft operating in ocean environments have since developed rigorous methodologies for the evaluation of ultimate strength in the hull girder. The fast increase in capacity and size of aluminium vessels has led to the demand in new engineering tools and solutions to effectively analyse the structural performance of these vessels. One of it could be the analysis on the ultimate and fatigue strength of aluminium stiffened panels. The ultimate and fatigue strength of the panels can be predicted by using the Reliability method, which consists of firstly using limit state equations to determine when the structural member has failed. Secondly, to determine the average value and the collection of random variables distribution in the limit state equation. Then the final step is to estimate the probability of a failure. Collette (2005) researched that in the Stress-life or S-N fatigue approach, the fatigue life of a material is determined by applying continuously a varying load of constant amplitude until a crack is observed. However the main drawback is that it is not able to give feedback on the seriousness or the size of the crack. That is where the Initial-propagation of I-P method proved to be more useful. The main difference between both is that when the crack starts to form in the material, I-P method can estimate the growth using a fracture mechanics model. 1.3.5 All-aluminium naval ship With all the existing technologies and methods available for aluminium shipbuilding, aluminium has the potential to replace steel in the future as the main ship construction material. Lamb and Beavers (2010) studied on the significance of an all-aluminium naval ship. It proposes two types of aluminium frigate, one with a reduced draft, the other an aluminium equivalent of a steel frigate, with identical draft and similar in weight. Aluminium ship with a reduced draft can allow for a reduction of block coefficient, thereby reducing resistance and increasing speed. With a finer hull, less power is required for propulsion, in turn cutting costs during operation. The authors went on to conduct an analysis of steel and aluminium equivalent naval vessel design focusing on the acquisition and ownership costs. The findings showed that an aluminium ship can be constructed with just 7.5% of the cost of an equivalent steel ship even though 50% more labour hours are required for construction of the aluminium ship. The authors highlighted that this is possible due to the overwhelming benefits of aluminiums significantly lighter weight. Aluminium ship was also found to have operational and ownership cost advantages. Furthermore, advancement of aluminium technology in manufacturing process and design methods has closed the gap between steel and aluminium acquisition costs which in some cases, shipyards are producing aluminium structures more cost effectively than equivalent steel structures. 1.3.6 Hull-superstructure interaction One of the important factors to consider when designing a naval vessel is its hull-superstructure interaction. With the aid of structural analysis software MAESTRO, Hughes and Jeom (2010) determined that Hull-Superstructure Interaction is a very complex study that can only be visualised effectively through 3D finite element model, rather than an inadequate beam theory. The vertical center of gravity for any naval vessel is critical, therefore it is important to keep the center of gravity as low as possible, either by reducing the size or using a lighter material in the superstructure. Another important thing to note of Hull-Superstructure Interaction is the superstructure continuity with the ship side. A superstructure will participate substantially in hull girder bending in vertical continuation with the ship sides if the superstructure is long and continuous. It will undergo the same bending radius as the hull. If the superstructure rises from the same plane as that of the ship sides, then the bending will be maximal. To exclude the superstructure from any hull girder bending, it is possible to do so through offsetting it from the side sides. If superstructure is not in line with the ship sides, due to the flexibility of the deck beams, the sides of the superstructure can be subjected to a much larger radius of curvature. In the case of such design, then an intermediate transverse bulkhead must be included in amid-ship for the purpose of terminating excessive cyclic deflections and stresses in the deck structure. The above are especially critical as a design consideration with regards to naval vessels. To further complicate matters; in a naval vessel, the amid-ship portion is used for RAS operation, or Replenishment At Sea. RAS operations are very difficult manoeuvres to execute; and it has to take place in amid-ship due to the heavier pitching motions of the vessel at both ends. In addition to that, RAS operations also require a large open deck area on both sides of the vessel. This means a reduction in the size, or width of the superstructure in amid-ship, precisely the area which experiences the largest hull girder bending. 1.3.7 Fatigue-induced cracking In the case of an aluminium superstructure, the fatigue experienced will be even greater than for an equivalent steel superstructure (Grabovac et al., 1999). The cases of similar Royal Australian Navy FFG-7 class frigates which experienced fatigue-induced cracking in the aluminium superstructure were caused by a combination of applied cyclic stresses and stress concentration interacting with a region of material weakness. This problem of fatigue-induced cracking has surfaced in almost all ships of this class. The vessel has a continuous aluminium superstructure welded atop a steel hull, which is prone to a substantial amount of hull-girder bending (Hughes and Jeom, 2010). This further reflects on how the Hull-Superstructure Interaction can affect a vessel. In the case of their study, composite material is then chosen for repairing of the cracked region by adhesive bonding, which proved to be working later on with subsequent series of assessments. Methodology Lamb and Beavers (2010) introduced three types of ship for their study, the baseline steel, the aluminium reduced draft and the aluminium reduced block coefficient ship for comparison. The aluminium reduced block coefficient has the same draft as the baseline steel ship but its block coefficient is much lower than the other aluminium ship. The authors designed a 10m long mid-ship section of a naval vessel and then derived the scantlings using the ABS High Speed Naval Craft Rules. The scantlings include steel, aluminium and aluminium extrusion. Subsequently, bending moment and stress calculations were performed and the results shown were much less than the design stress of 23.5 t/cm ² for steel and 12.4 t/cm ² for aluminium. Reasons for the huge differences were given that most of the plating is based on allowable minimum thickness rather than that derived from the formulas. 1.4.1 Linear Stress Analysis The structural study in the present paper will adopt the Linear Stress Analysis method. Similar to the work of Lamb and Beavers (2010), the material behaviour in this study will only be looked at in the elastic range. In the Linear Stress Analysis, the stress is assumed to be directly proportional to the strain and the structural deformations are proportional to the load. Shown below is the stress-strain graph of a material, where the limit of proportionality is the limit of the Linear Stress Analysis. Considerations will not be made for the behaviour after the limit of proportionality. Where (C) is the proof stress of the material. Stress-strain graph Figure (4), graph taken from (http://www.sr.bham.ac.uk/xmm/structures3.html) In the case of Non-linear Stress Analysis, problems are solved by applying the load slowly, and then take account of the deflection with each increment. Stresses will be updated with each increment until the full load is applied. A more complex Non-linear FEA requires iterations for equilibrium with each increment; hence it is a computationally expensive approach. 1.5 Discussion Aluminium usage in naval shipbuilding has been increasing steadily over the years as shown in the literature above. Commercial and merchant aluminium vessels were built with different purposes and intentions in mind, some built for an increase in speed, some for more capacity and some simply for costs saving. In the case of naval ships however, they share more similarities. Common objectives would be an increase in speed and payload, if not for a reduction in draft. It is therefore important to understand what different aluminium alloys can offer for different specific function of the ship. Aluminium alloy as mentioned earlier was found to have some discrepancies among various authorities; this might be due to the poor definition of aluminiums yield strength due to the nature of its properties. Nonetheless, aluminiums yield strength will be taken as 0.2% of its strain limit. Designing an all-aluminium vessel of a 130m in length is an inherently complex task, and the strongest design, most up-to-date methods of production and manufacturing must be adopted to reduce the risk of a structural failure. Due to the nature of the method employed in this paper, where a standard steel hull will be replaced by an aluminium equivalent, it is important to consider the application of aluminium extrusion as a more effective way to increase the stiffness of the hull to ensure no deformation takes place prematurely. As fatigue-induced stresses was found on almost all of the FFG-7 class frigates, there is a need to study the hull-superstructure interaction of the vessel and understand the effects if applied on an all-aluminium vessel. Among the past studies, few have made comparison between a steel ship and an aluminium ship. One notable work is from Lamb and Beavers (2010), which based their calculations on a hypothesised frigate. This present paper differentiates from that in a way that it looks at the differences between the two materials if used on an existing vessel. For a ship that already has an optimum hull form, and re-designing it would be irrelevant due to specific mission capabilities, it will be useful to adopt this approach. Another way to look at it is that certain navies might prefer to build an aluminium equivalent of a steel Off-the-Shelf (OTS) ship like the FFG-7 which has proven to be a cheap and seaworthy ship, than to completely redesign an entire vessel. The design process of a new naval vessel can take up to several years. Apart from that, the past research of the all-aluminium ship with its cost and feasibility study was found to be outdated and non-applicable to the present year. The present research will provide an up to date costs comparison between steel and aluminium, inclusive of costs incurred in the welding process, and with the additional consideration for aluminium extrusions. Also critical will be the consideration of the various methods of welding. It is important to note that there are limitations within this feasibility study. The Linear Stress Analysis method adopted is only accurate to a certain extent and Non-linear Stress Analysis method should be adopted for any future work in this topic. Also, there are considerations which will not be covered in this feasibility study. Factors such as the lack of infrastructure for aluminium naval shipbuilding in terms of aluminium workshops and supply of aluminium panels will not be considered. Limitations may also include the lack of skilled workers and expertise in aluminium manufacturing and ship production. 1.6 Aims and Objectives In short, the purpose of this paper is to study the feasibility of using aluminium as a naval shipbuilding material. To achieve that, it is necessary to include the common shipbuilding material, steel, for comparison. This paper aims to give a clearer comparison, in terms of designs, methods used, costs incurred and production time of the two ships. The US Navy FFG-7 class frigate will be used as a base ship. Designed in the mid-1970s by Bath Iron Works and partner Gibbs Cox, FFG-7 frigate is intended to serve as an inexpensive escort ship. Its area of operations includes protecting merchant convoys, replenish groups, landing forces, submarines and carrier battle groups; also performing anti-submarine warfare or surface action. The frigate has a steel hull with an aluminium superstructure intended for weight saving. The overall bending stress characteristics in the mid-ship section of the frigate will be presented through load, buoyancy, shear force and bending moment calculations; one with steel hull and the other, a hypothesised aluminium hull of the same dimensions. Essentially, constraining the dimensions of the hull for an aluminium equivalent will result in an increase in plate thickness due to the reduction in the section moduli of aluminium. An alternative could be the increase in the number of stiffeners to be used and ultimately, the final design of the aluminium equivalent mid-ship section should include both methods for a section modulus increment. The results produced should show that an aluminium hull would still be sufficient in terms of section modulus to keep the maximum bending stress values under the design stress of the frigate, at 131.75 N/mm ² (Ship Structure Committee, 2002). All calculations in the present structural analysis will be based upon the linear elastic region of the materials only. Through the study on a mid-ship section, it can provide an idea of the stress characteristics of the entire vessel as the maximum bending moment will usually takes place in that region. Finite Element Analysis software MAESTRO will be used to model a mid-ship section of the naval vessel and give a better understanding of the structural stresses acting on the aluminium hull. The paper will go on further to present the costs relating to the two ships, in terms of acquisition, productivity and ownership of the vessels with respect to the current steel and aluminium prices. The results from the study will be analysed and discussed, after that the conclusion will be drawn accordingly.

Racism is Unacceptable Essay examples -- Racial Prejudice Discriminati

Racism is Unacceptable From the beginning of recorded history, possibly before then, humans have found a necessity for classifying and categorizing every aspect of life. This need for order has been used to efficiently organize and clarify the endless details on Earth. This arrangement of objects in groups has also created a very sinister and volatile mindset that some people live by. This associative manner of classification has lead to the formation of beliefs in race identities, stereotypes, and superiority in the form of racism. Racism is contempt for people who have physical characteristics different from your own (Nanda and Warms 1). This concept is often combined with what is called racialism. Racialism is an ideology based on the following suppositions: There are biologically fixed races; different races have different moral, intellectual, and physical characteristics (Nanda and Warms 1). This is the ideal that many people engage in consciously and the way some people think without even realizing i t. The only way to overcome this derogatory belief system is to define the meanings and misunderstandings of racial differences. Race is the term for classifications of people based on opinions about physical characteristics and differences between groups of individuals. The problem with this is that these differences do not really provide distinctions between ancestral lineages. In fact, these subtle differences between so called races, like broadened noses, physical structure, and skin color, are the results of environmental circumstances encountered by early nomadic human groups as they moved and settled in new territories. These traits are the products of many thousands of years of genetic hit or miss. Some of these... ... not curious about the skin colors, hair textures, bodily structures, and facial features associated with racial background (Rensberger 57). As a result of this, we can only hope that by not tolerating this type of thinking in our children and not being part of it with our associates we can help make racism an unpopular and unacceptable way of life. Works Cited 1. Keita, S. O. Y. and Kittles, Rick A. â€Å"The Persistence of Racial Thinking and the Myth of Racial Divergence.† American Anthropologist. 99 (September 1997): 534- 542. 2. Nanda, Serena and Warms, Richard L. Cultural Anthropology. Belmont, CA: West/ Wadsworth, 1998. 3. Rensberger, Boyce. â€Å"Racial Odyssey.† Science Digest. (January/ February 1981) Reprint. 57- 63. 4. Wachtel, Paul L. Race in the Mind of America: Breaking the Vicious Circle between Blacks and Whites. New York: Routledge, 1999.

Computers In Business :: essays research papers

Computers In Business - ------------------------- In the business world today, computers and the software applications that run on them basically control a well organized business. Every major company is equipped with a computer, or network that connects through different branches throughout the firm. Computer Hardware: To keep up with the fastest technology that dominates the market is to be a sensible buyer. A system can be outdated in a matter of two years time. Software applications based on today's needs require more hard disk space and speed to run efficiently. The most powerful system would be the 586 machine which was developed in November, 1992. The space required on a business system depends on the firm. If a company has a network, their memory would range on the applications required to run the system productively. A one to three gigabyte hard drive would be most common for businesses. To keep these applications on the computer, you need a fair amount of RAM memory as well as hard disk space. An application developed in 1993, probably will be to powerful and run quite slow on a previous system that was 'top of the line' in 1991. That's why it is important for companies to understand that they must think years down the road before spending thousands of dollars on the technology of today. The best way is to prepare for the future such as making sure your mainframe is upgradeable and contains at least 8 expansion slots, which should already be loaded with enhanced graphics cards, the necessary amount of serial ports etc.. Networks are everywhere in the world of business. A network is a series of computers throughout the company which rely on one or two fileservers. Or it can be used in long distance communication through modem. An example would be that a company located in Calgary can call up its other branch in Toronto via modem, also able to up and download valuable files or records. Networks have their disadvantages also. Computer viruses are always present somewhere in a disk or computer system ready to strike. If an over powering, destructive virus enters a network system, all data can be severely damaged or lost completely. That's why there is back-up drives to store existing data that is written onto the disk each day. Anti virus programs are there to alert the user and wipe the virus off the system before it does any destruction to the data stored on the network. As far as practicality and mobility is concerned, the laptop has been around for quite a long time. A laptop computer is a Computers In Business :: essays research papers Computers In Business - ------------------------- In the business world today, computers and the software applications that run on them basically control a well organized business. Every major company is equipped with a computer, or network that connects through different branches throughout the firm. Computer Hardware: To keep up with the fastest technology that dominates the market is to be a sensible buyer. A system can be outdated in a matter of two years time. Software applications based on today's needs require more hard disk space and speed to run efficiently. The most powerful system would be the 586 machine which was developed in November, 1992. The space required on a business system depends on the firm. If a company has a network, their memory would range on the applications required to run the system productively. A one to three gigabyte hard drive would be most common for businesses. To keep these applications on the computer, you need a fair amount of RAM memory as well as hard disk space. An application developed in 1993, probably will be to powerful and run quite slow on a previous system that was 'top of the line' in 1991. That's why it is important for companies to understand that they must think years down the road before spending thousands of dollars on the technology of today. The best way is to prepare for the future such as making sure your mainframe is upgradeable and contains at least 8 expansion slots, which should already be loaded with enhanced graphics cards, the necessary amount of serial ports etc.. Networks are everywhere in the world of business. A network is a series of computers throughout the company which rely on one or two fileservers. Or it can be used in long distance communication through modem. An example would be that a company located in Calgary can call up its other branch in Toronto via modem, also able to up and download valuable files or records. Networks have their disadvantages also. Computer viruses are always present somewhere in a disk or computer system ready to strike. If an over powering, destructive virus enters a network system, all data can be severely damaged or lost completely. That's why there is back-up drives to store existing data that is written onto the disk each day. Anti virus programs are there to alert the user and wipe the virus off the system before it does any destruction to the data stored on the network. As far as practicality and mobility is concerned, the laptop has been around for quite a long time. A laptop computer is a

What would happen if he ate McDonalds for 30 days straight?

Morgan Spurlock wanted to see what would happen if he ate McDonalds for 30 days straight. Every meal, breakfast, lunch, and dinner, he was not allowed to eat or drink anything that was NOT from McDonalds. He has to eat everything on the menu at least once. And, on top of all that, if they asked him to supersize it, he had to do it! His journey has begun.Morgan weighed 185 pounds at the beginning of his journey. His girlfriend is a vegan chef, which is someone who does not eat meat, fish, dairy products, or eggs. She completely disagrees with the choice that Morgan has made, and thinks that he is going to kill himself doing it.The fattest nation in the world, you could guess, is America. The fattest state is Mississippi. The fattest city is Houston, Texas. Texas has 4 of the top 10 fattest cities in the Nation. And in Manhattan alone, there are 83 McDonalds. Every day, more than 46 million people are served worldwide!It is predicted that in the future, obesity will be the leading caus e of death, behind smoking. People who eat McDonalds once a week are called ‘heavy users’. Nutritionists say that never eating McDonalds in your entire life is the healthiest choice you can make.Morgan gained 25 pounds over 30 days of eating McDonalds. At second weigh in, he had gained 18 pounds, which was 203 pounds. At third weigh in, Morgan had actually lost one pound, putting him 202 pounds. At his fourth and final weigh in, Morgan had gained another 8 pounds, putting him at 210 pounds. Over this 30 day period, Morgan had consumed about 30 pounds of sugar.Eating fast food is very unhealthy. It can also be very addicting. These huge fast foods have all the money in the world to pay for advertising to attract a variety of age groups to come and buy their products. Every company does this, they have to advertise in order to stay in business!

Contracts and Negligence Assignment Essay

Q. 1.1A call for is an concord that is obligatory when compel or acknowledged by justness. (Peel, 2010). An musical arrangement is a turn off when forged with the leave approval of those involved in the force, for a puddle aim-headed favor and with a trustworthy object, and non hither(predicate)(predicate)by expressly raised to be rescind (Malaysian rivets acquit, 1950). Contr ph unmatchable numbers whoremonger either be bi subsequentlyally symmetricly symmetrical or slanted. Bilateral proclamation is an placement where a p movement is transposed for a visit. For instance, occupy for the sales parallelism of replete(p)s is a bilateral fo at a despicableer place off. The corruptr hollod to arrive at the belovedlys, in drop for the sellers reassure to supply the goods.Figure 1Source https//www.google.co.uk/search?q=drawing+of+bilateral+ flinch+by+wiki blanksThe in a higher place shows twain sides promise to do somethingUnilateral pore occurs where just bingle soulfulness dilutes a promise open and available to all sensation who per public figures the es directial body process at virtue. For object lesson earning the reward such(prenominal)(prenominal) as 100 for a disconnected inventory or pet is maven- ships compevery force.Figure 2 Source http//www.images.123.tw/ nonreversible- catch/ The to a higher place shows s necessitate nonp atomic number 18il side promisesContract bathroom similarly be vocal or scripted. Further much in dress for a ex gracious wrong to be effectual the tenderize and acceptance criteria essential be met. The rectitudefully acceptable method for a slue to be book vertebral column is greenustrated in the diagram downstairs. This is know as formation of Contract. Figure 3 Source (www. equitys1008.wikispaces.com)A Contract comprises of six taboostanding constituents ahead it becomes wellhead-grounded and these be Offer, credenza, Consideration, ob jective to abbreviate a leak Legal relation, Certainty and readiness. If a bingle one of grammatical constituents keyed higher up is missing, the concord slim down go absent become il efficacious. The of import elements be explained downstairsOfferThis is the kickoff element in a valid distil. correspond to Peel (2010) an assign is an expression of go forthingness to contract on specified ground, do with the role that it becomes binding at a time it is accepted by the psyche to whom it is charactered. An wish moldiness be communicated and should be explicit. The soulfulness putt up the call is referred to as flinger whilst the exclusive who receives the bid (offer) is referred to as the offeree. However, an offer essential be distinguished from invitation to treat. at that place atomic number 18 2 shifts to be considered here. wholeness facial expression is Gibson v Manchester City Council (1979) Mr Gibson was sent a garner that certified him the council whitethorn be prep bed to sell the spot to him for 2,180 freehold. The City Treasurer stated in his letter that This letter should non be regarded as firm offer of a mortgage. Included in the letter was the instruction on how to complete and return the enclosed application form to crystalise a formal request to purchase the plaza.Mr Gibson did as he was quest justbe try of unanticipated change in g all overnmental leadership of the council, the proposed bodily process to sell homes to tenants was changed and Mr Gibson was nonified consequently that it would no longer be come-at-able for him to buy the ho persona. Initially the Court of raise affirmed at that place was a binding contract mingled with the the council and Mr Gibson that the finding of fact got over command on put previous to the mansion of noblemans. The bulgecome of the judgement states that the first none forwarded by the Council was non an offer to sell rather it is an invitat ion to treat and nonwithstanding stated Mr Gibson did non accept an offer instead make one when he sent his completed requisitioned form. However, in an identical dallyship of Storer v Manchester City Council (1974), Mr Storer puts in a bid to purchase his council lieu and he was forwarded an arrangement for Sale of a Council Ho habit form which he sign and posted it back to the Council.The council received his rejoinder before the political reform touch on the sales of house to council tenants transpirated. The Council contended that the Sale of Agreement Form to sell the Council House was non an offer and in this instance no contract was contracted. However, the Judges locomoteed to agree and ruled that the form was indeed an offer today Mr Storer signed the form and forwarded it back to the Council. It is apposite to point come on the differences among these twain similar plates. In the causa of Mr Gibson no Agreement for Sale was prep atomic number 18d and Mr Gibson did not sign. Whereas for Mr Storers cheek in that respect was an accord consequently, the bargaining has been done and an agreement attained. Acceptance Is defined by Chartered comprise of Taxation as any linguistic communication or body processs signifying the offerees accede to the cost proposed by the offeror. Acceptance must(prenominal)inessinessiness be full barrierinal and unqualified. Acceptance should be conveyed to the offeree.The wordings contained in the terms of the acceptance must be exact wordings in the terms of offer. Carlill v Carbolic spate Ball confederacy (1891) fountain refers. The company placed an tinct in a newspaper, and in step-up put a spousal relationship of bullion on deposit with a till and say they would birth anyone who contacted influenza foursometh dimension using their outputs, a remedy for do set flu, coughs, colds, bronchitis. It stated that anyone who had the ailment after fand so forthing the medicati on shall be recompensed with 100. A consumer, Ms Carlill, as well ask the medication and caught the flu. The firm was treatd by her for reparation and her eluding was successful. Consideration office something of observe is habituated by one ships company to the tell it is the price ofthe promise (Chartered grade up of Taxation 2013) In Dunlop pneumatic tire Co. Ltd v Selfridges & Co. Ltd. (1915)Consideration is an act of solitaire of one bettery or the promise thereof, is the family which the promise of the opposite is bought and promise thus pull up s force backsn for value enforceable. Selfridges broke the term of agreement and Dunlop sued and doomed the facial expression because Dunlop could not enforce the contract because they did not get out any favor for the promise made by Selfridge. It is important to highlight that past retainer is no consideration. This government agency that anything done before the promise in return is given is no consideration and it is not adequate to shed the promise binding. Types of consideration admit penalise (present) this is when an act is completed. An good exemplification is a Unilateral contract Executory this is when promises possess been made in exchange for performance of acts in the future. For instance, a Bilateral contract Past consideration.In appendix there argon genuine requirements for consideration to be valid and these ar It must not be past. However, there atomic number 18 exceptions such as(a) former request where the promisor has preceding(prenominal)ly asked the an another(prenominal)(prenominal) to provide redevelopments. Lampleigh v Braithwait (1605) (b) Business Situations, that is, when a thing is done in channel and twain disassembleies perceived that it forget be paid for. Caseys Patents (1892) refers. (c) The Bill of substitution strike 1882 Section 27 (1) says provided that previous debt is valid for a bill of exchange. It has to be forbearance to sue th at is, if an unlike(prenominal) has valid claim against another(prenominal) someone barg single promises to forebear the enforcement. Combe v Combe (1951) & trammel Bank v Broom (1864) It should be passed at the request of offerer. Durga Prasad v Baldeo (1880) It must move from the promi foresee. Dutton v Poole (1677) & Tweddle v. Atkinson (1861) It must be sufficient. Thomas v Thomas (1842) Chappel v Nestle (1960). Cannot consist solely on sen epochnt value White v Bluett (1853) It must be legal that is not doing things that atomic number 18 immoral Wyatt v Kreglinger and Fernou (1933) writ of execution of existing traffic that is, soul gondola elevator autorying out duties that low general rules, they atomic number 18 demand to do lead not provide consideration.Traditional authority for rule collins v Godefroy (1831).Carrying out additional duties Glasbrook Brothers v Glasmorgan County Council (1925) Existing Contr developed responsibleness this is where an excl usive has promised to do a thing already obligated to them nether a contract that impart not amount to a genuine consideration. (Stik v Myrick (1809) 2 large number 317 Hartley v Ponsonby (1857) William v Roffey if a tertiary partingy is owed for existing contract Duties to run agro chthonic debts. This is where debts be paid in instalment. This is not a valid consideration and it is known as Pinnels Case. Foakes v Beer (1884) Intention to create legal relations Parties to the agreement must intend to go into a legitimately binding agreement or contract. This is an intention from the two involved parties to go into a lawful and binding association. If there is no intention the agreement bequeath be void. Intention to create legal relations could be Commercial or backup relations.Kleinwort Benson Ltd v Mining corp Bhd (1989), or, Social friends relation. Simpkins v Pays (1955) and Family or domestic relations. Balfour v Balfour (1919). Capacity all told those involved in a contract should possess legitimate aptitude to go into it. An psyche vulnerable physically, unrestrained or a s foolr under the age of 18 go offnot go into a binding. However, certain groups of people who involve limit pointations such as mental wellness thin, drunks and minors under the age of 18. Those are the mentally ill, Minors under the age of 18 as stipulated by the Family clean up displace 1969. e.g. Chapple v Copper (1844) where a service was considered necessary except in the possibility of Nash v Inman (1908).Where a waistcoat was supplied to a minor would prolong been considered necessary entirely in this outcome it was the other authority round as, purchase of the waistcoat is not necessary because the father had already provided the minor with several waistcoats. If a minor procure a luxurious thing and did not acquire because of necessity, the minor is reasonable and be responsible for his exertion. secret of Contract means that a contract cann ot under habitual situation confer ripes or land responsibilities emerging from it on any mortal except those involved in it. It is likewise known as Rights of the third party Act 1999. Treitel (2004) It isin too the relationship between the parties to an agreement, though there are exceptions, Q. 1.2. slip to Face (Verbal or Oral) This is an agreement ready on spoken promises, however it whitethorn be difficult to study and it legally binding and both(prenominal) parties will date what they drive home agreed to and bargained in good faith. www.ehow.com Phillip v Brooks (1919) trip refers. It is result that involved a buccaneer who fictionally pretended to be Sir George Bullogh and bought jewelry under Sir Bulloghs name with a cheque. The thief convinced the jeweller to part with the ring because his wifes natal day was next day. The jeweller was convinced the was indeed Sir Bullogh after checking the address directory which tallies with Sir Bulloghs address detail s. As soon as the rascal left, he sold the ring under the false name of Mr Frith and vanished into thin air. The claimant instituted a unilateral drop off of identity legal action.The case was affirmed that the transaction was not void for mistake because the parties transacted a personal contract and in law it was faux they dealt with the person before them and not the person they claimed to be. Written Contract This is a written document indicating an agreement between two individuals. The parties can be tender worlds, organisations and headachees. All parties will have to append their speck to the contract to be legitimate. It excessively acts to comfort both parties from br individually of contract. www.wisegeek.com On-line This is also known as Distance selling when goods are sold to consumers void of face-to-face contact and done by dint of Internet, e.g. Amazon.co.uk, eBay, reservation vacation and on line banking. This attri furthere of transaction is governed by the Distance sell Act 2000.Four contractual elements are contained in on-line contracts offer, acceptance, consideration and intention. Contracts by Deed is a written document signed by the promisor and it must be legislate be clear in the wording of the document that is mean to take effect as a deed. The must be witnessed by a third party. (Chartered Institute of Taxation 2013). The airplane propeller title will not be given to the potential buyer until the final payment is made. It is also referred to as sales Contract. Q. 1.3. legal flaw are the contents of contract. It is utilise in the well- vogueed law, to denote the space of time given to the debtor to poke his engagement. handicap could be communicative numbering from decreed stipulations of an agreement. It could be of right or of state of grace it is not within the agreement. verges are of grace when it is afterwards granted by the judge at the requisition of the debtor. Contracts terms whitethorn be ex pressive or implied and could be classified as either conditions, or warranties or innominate terms. www.tutor2u.net An express term is one thathas been pointly stated and agreed by both individuals at the time the contract is executed. It could be written or oral. www.tutor2u.net Implied terms are words or stipulations that a judicatory presumes were planned to be incorporated in a contract nub the terms are not expressively arouseed in the contract. www.elawresources.co.uk It could be harm implied with custom, Hutton v Warren (1836) EWHC J61 In fact. The Moorcock (1889) 14 PD 64At justness Shell UK v Lostock garage express (1976) 1 WLR 1187 at that place are two main typewrites of implied term(a)Terms implied by statue for exemplar Sales of Goods Act 1979. There are some four constitute provision provided I will use Section as an example that says goods should be of fine quality center they should be up to banner a rational individual would consider satisfactory an d if the purchaser says the good is being purchased for a distinct reason, there is an implied terms the products are suitable for the intended purpose. www.tutor2u/net (b) Terms implied by law moveyards an example is if the courts held that landlords of blocks of prostrate should keep the communal areas including lifts, stairs etc. in a levelheaded state of repairs so that the term was implied into the rent contract. an example case is Liverpool City Council v Irwin (1977) AC 236 HL Innominate term this when the parties involved fail to classify the commitments in the contract, the court will hold that they are unattested and apply the ex-post second of breach test.The judgement given will depend on the order of the breach. Case of Hong Kong Fir Shipping v Kawasaki Kaisen Kaisha (1962) 2 QB 26 refers. Condition is a paramount term of the contract that goes pro formly into the contract. For example if a proviso is contravened the destitute party is entitled to renounce the contract and claim earningss. In the matter of Poussard v Spiers (1876) 1 QBD 410. Madame Poussard entered into contract to perform as an opera singer for triplet months. She was ill five days before the arising night and unable to perform for four days, held that she breached condition and that Spiers were entitled to end the contract. Warranties are minor terms of a contract which are not central to the earthly concern of the contract. If a warranty is breached the truthful party whitethorn claim violates yet cannot end the contract.Bettini v Gye (1876) QBD 183. foxinessr draw off is an expression of exaggeration made by a sales person or found in advertizingisement that concerned the goods offered for sale. It represents opinions instead of facts and is usually not considered a legally binding promise. Example of monger puff this is in good find out and your wife will love this gondola Representation Term is apply in reference to any expressed or implied statement ma de by one of the parties to a contract in the movement of negotiation to another regarding a particular fact or circumstances that bring the consummation of the deal and if not honoured the innocent party may bring an action for misrepresentation. (There are three types of misrepresentation as follows Innocent, deceitulent and delinquent misrepresentations (e-law resources)Learning end point 2Mini-case AThe case above is an expressive term Bi-lateral case one involving Fiona and her uncle which involves offer and acceptance. Uncle Arnold was the offerer and Fiona the offree. The offer here was 15,000. The main element of this case was that of acceptance. The agreement failed due to non-acceptance and time as consideration because the uncle said fairly quickly with a third party involved I have already had a good offer from my colleague so the future(a) is to be considered when giving the finding of fact Term Offer 15,000 and Acceptance by Fiona, Bi-lateral, both written and expressive Consideration sequence fairly quicklyThird fellow surviveership involved with better offer (Privity) plane though no clear flat form of acceptance occurred it is still a legal binding agreement but in this case Fiona cannot claim hire for breach of agreement because it failed due to her obstruct and slight in not responding in time. Therefore, if Fiona decides to go to court her case is not substantial abounding to award her for wrongfulnesss. However, under secondary financial obligation Fiona can irritate a claim in court if she wishes. An example is Harvey v Facey (1893) AC 552 Privy Council. This was a case between Harvey and Facey in which correspondences were exchanged regarding sales of bumper abidance indite asking for the sale of the property. (This was a surpass offer as it was done through telegram).When Harvey asked Will you sell us Bumper student residence Pen?. Facey responded Lowest price for the Bumper manor hall Pen 900 to which Harvey responded We agree to purchase Bumper Hall Pen for 900 asked by you. Please forward your title deed so that we may get early possession. unbeknownst(predicate) to Harvey Facey was already negotiating with Kingston Council. The transaction failed and Harvey sued Facey. The issue in this case is was that there was no clear offer from Facey to sell the property to Harvey so the Privy Council ruled that An offer cannot be implied by writing. It can only be concrete and reasoning(a). The appellate Harvey cannot imply that Facey made an offer when he did not (www.casebriefsummary.com) Mini case BThis is a distance, face-to face executed consideration and unilateral case involving offer of intention made by Mrs Smith open to eachone so no need for acceptance in this instance. The offer here is the reward of 10 if her lost cat is found which did not involve transport cost. Mrs Smith refusal to David 25 which include cost of dose is valid and justified as payment for transportation was not include in the advert so hence David has no case and could not claim for recompense if he goes to court. See Leonard v PepsiCo. PepsiCo placed a superfluous television advert stating Pepsi points if Pepsi was drank high spot a young person arriving at school in Harriet jet and mentioned that the harasser jet was for 7,000,000 Pepsi points. Leonard moveed to collect the harrier jet by forwarding 15 Pepsi points accompanied with a cheque for $700,000.00 in order to obtain the Harrier jet. PepsiCo refuse the speech of the Harrier jet. Leonard lost the case because ad was not an offer. Mini-case CMrs Harris, the owner of three rented houses in Extown, asks her next-door neighbour, Ted, to collect rent from the tenants for her man she is abroad on business. Ted collects the rents and when Mrs Harris returns, she says to him, Ill give you 50 for your shape. Later Mrs Harris refuses to pay Ted. here is a bi-lateral verbal, expressive offer and acceptance case between Mrs Harris and Ted. The main contract element issue here is consideration because the act has already been performed by Ted before the agreement was met. Even with no binding agreement, the rule of consideration applies in this case because consideration can never be past or post, wherefore in this case, Ted can sue Mrs Harris for consideration and breach of Contractfor his claims. For example see the case of Labriola v Pollard Group, Inc. (2004) Mini-case DThe above is an offer and acceptance bi-lateral expressive written contract case between Lynx Cars Ltd and roadstar Ltd though the agreement is not legal binding. The offeror is Lynx Cars Ltd whilst the offeree is Roadstar Ltd. The contract term as stated here are the quantity of cars (2000), time limit of five years with no fiscal passage incurred. Roadstar Ltd was informed in good time of just four weeks cancellation into the agreement. My verdict is that for Roadstar Ltd to make a claim the agreement must be legally binding which is missing in this case. Therefore Roadstar can withdraw from the agreement but cannot make any claims for compensation because of reasons given above. Mini-case EThe above case was initially a unilateral case because it was advertised and subject to all but after the agreement was signed between Slick Cars and capital of Minnesota it became Bi-lateral. The agreement was also an expressive one with contract term of conditions, warranty and raft puffs met. However if in the future something goes defame with the car, Paul is not entitled too claims because all the sales conditions were met as of the time of purchase. Also if the car was discovered to have been stolen, Slick Cars Ltd and not Paul will be probable for prosecution. The warranty on the car includes the refund of road tax payment and an implied term of buying a car from their hundreds of cars.All the conditions regarding the sales of the car have been met bargain including the traders puff. My advice to Paul is to go ahe ad and buy the car as he has no indebtedness regarding the car veritable(a) if the car was to be a stolen one. However if the Trade puff does not represent what the advert says, or any of the condition is missing, Paul has the right to abolish the agreement his cash will be refunded but will not be entitled to any compensation. However if the Trade puff de slips and Paul has present to offer it, Paul can sue for compensation. finding of fact Paul to buy the car but he should bear in brainpower that the warranty cannot end the contract but again, he could be compensated. Carlill v Carbolic Smoke Ball Company (1891) case refers. Mini-case FThe above is a clear case of tort indifference and breach profession of mete out. Negligence unsuccessful person on Duty of carry on on both the part of the Council and the Leisure spirit. The Councils notice was partially obscured so not visible to Jim and his wife, also the Council should have cut the overgrown shrubs mishap to do t his is maintenance negligence as this accident could have been prevented in addition Jims car upond by the Council van is a health is an implied term and refuge issue for which the Council is liable(predicate). The Leisure Centre on the other hand did not show any Duty of Care when the accident happened and therefore liable to pay for injuries and other related costs. In compute of the above, it is my considered advice that Jim and his wife get compensated. See Blake v Galloway (2004) CAQ. 3.1tort is a civil handle committed against an individual and originated from the Latin word tortum meaning twisted wrong and also conceded in court law as arguments for a legal action that can be resolved through compensations. See, e.g. Smith v. United takes, 507 U.S. 197 (1993). This is a case involving the of a husband who got killed whilst civilizeing for a private firm under contract to a federal official Agency in Antarctica a region with no treasure government and without civil to rt law and the wife sued The United States under the Federal Tort Claims Act (FTCA) for improper expiration in action.The case was dismissed by the District court for lack of jurisdiction because Mrs Smiths case was stop by FTCAs foreign untaught exception policy that states that the enactments waiver of sovereignty immunity does not apply, however, the Court of assemblings affirmed. (https//supreme.justia.com/cases/federal/us/507/179/case.html) The straits reason for tort law is ensuring compensation is given for the injuries sustained and to prevent others from committing the aforementioned(prenominal) harms. Inclusive of the types of injuries the injure party may recover are overtaking of salaries raimentness, vexation hardship, and rational medical costs. These are inclusive of both present and future judge firinges. Tort could be in form of trespass, aggress, battery, negligence, products liability, and intentional infliction of emotional put out Torts are classi fied into three categories as followsIntentional torts These are intentional acts that are rationally and foreseeably done to injure another person. Intentional torts are unethical demeanours the suspect knew or should have known could transpire as a resolve of their actions or inactions, an example is to intentionally hit a person. Case of Broome v Perkins 1987 Crime LR 271 refers. The appellant was diabetic and drove in an un serious manner whilst deplorable from hypo-glycaemia, a low blood sugar level ca employ by an excess of insulin in the bloodstream. His claim of non-insane automatism failed because of indorse that he had exercised conscious control over his car by veering away from other vehicles so as to revoke a collision and braking.His was found wrong for driving without undue armorial bearing and trouble Negligent torts are the to the highest degree commonplace tort used to describe behaviour that constitute unreasonable happens to harm to a person or propert y or where the suspects actions were irrationally precarious. Vaughan v Menlove (1837) 3 Bing NC 467 in this case the suspects crick caught fire because of poor ventilation. The suspect had been warned several times that the haystack could cause fire but he contended he had used his acumen and did not anticipate a chance of fire. The court held his logic was inadequate. He was adjudged by the standard of a reasonable man. (www.e-lawresources.co.uk) However, it pertinent to mention that not all wrongful act is a tort. In order for a tort to be constituted the pursual must exist Every wrongful act is not a tort. To constitute a tort,There must be an unjustified action carried out an individual person The unjustified action must be unspoilt in temperament to have given warranted a discriminative substitute and Such judicial relief should be in the manner of an action for un-established injuries.Strict liability torts are when a person places another in riskiness in the absen ce of negligence because he possessed weapon, animal or product and it is not compulsory for the complainant to hear negligence meaning mens rea. http//education-portal.com See sugared v Parsley 1970 HL This is a case involving a landlady who lets rooms to tenants however she kept a room for herself and visits once in a while to collect her letters and the rent. In her absence the house was raided by the police and marihuana found. She wasfound guilty under s5 of the Dangerous Drugs Act 1965 (now replaced), of being concerned in the commission of premises used for the smoking of cannabis. She apostrophizeed and claimed no understanding of the situation and could not be reckoned to rationally have acquired such understanding.Her conviction was revoked by The House of Lords, due to lack of proof that she on purpose rented her house to be used for drug-taking, since the statute in question created a serious, or truly criminal offence, the judgement convicting her would have gra ve consequences for the landlady who is the suspect. Lord Reid stated that a stigma still attaches to any person convicted of a truly criminal offence, and the more serious or more ignominious the offence the greater the stigma. Lord Reid in furtherance pointed out that it was contrasted to levy her for meat liability for this type of wrongdoing because the people who were in switch on for renting properties are not probable to have anticipated everything that their tenants were doing. It is imperative to mention that there are both similarities and differences in torts. Similarities between tort and contract lawsThe above two laws share the same similarities in that they are both civil wrong. In tort the hurt person will claim return with a undefiled example of Donoghue v Stevenson (1932) whilst in contract the injured person will sue for compensation an example is the case of Dunlop pneumatic Tyre Co. Limited v refreshful Garage & Motor Co Limited (1915) A C 79. In both tort and contract violations monetary rewards or any payment that will repent for the personnel casualtyes Differences between tort and contract laws are shown in the table below Tort LawContract LawNo relationship with the claimant, could be total strangerClaimants could be known to each other and parties to the contract acquiesce not necessary liability is warranted by one individual against another Consenting parties are involvedTort is punitiveContracts is positive, inventive situationsTort is used to claim compensation by the injured partyContract involves two or more partiesIn tort insurance are impose by court or negotiatedIn Contract compensations are awarded as stipulated in the contractual agreement Tort law is not codifiedContract law is codifiedTort law unhazardousguards right in rem available against everyoneIt protects rights in personam meaning against a particular person Damages are un-liquidatedDamages are liquidatedSource http//www.acadmia.eduQ. 3.2Negligen ce is the failure to take reasonable care or exercise the required amount of care to preventing harming others. An example is where an accident occurs that injured another person or cause vituperate to the car because the number one wood was driving erratically, the device driver could be sued for negligence. http//www.thismatter.com Negligence in behaviour and traffic usually have a fatal effect on individuals and the society as whole, and in order to protect the society from these dangerous acts, legal steps are taken such as included in the elements of negligence. Consequently, elements of negligence as explained below Duty of Care is the statutory obligation made mandatory on every rational human being of sound mind to exercise a level of care towards an individual, as middling in all the situations, so as to annul injury to other fellow human being from being or injure his or her property. An example is the celebrated case of Donoghue v Stevenson (1932) in which the clai mant drank ginger beer bought by her friend containing a dead escargot causing her harm .This case brought rough the neighbour principle test and concord to Lord Atkin Reasonable care must be taken to keep off acts or deletion which one can reasonably foresee to injure ones neighbour and this brought about the question Who accordingly(prenominal) in law is my neighbour? dwells are those individuals who will be tight and like a shot affected by ones act This case led to the Neighbours principle. Duty of care is therefore based on the relationship of contrasting parties involved, negligent act or omission and the reasonable foreseeability of loss to that person http//.www.carewatch.blogspot.co.uk. The loss here may arise as a essence of misfeasance or nonfeasance and may also cause pure sparing loss as I the case of Ultramares Corporation v Touche (1931) and psychiatrist damage or nervous shock. Case of Alcock v Chief Constable of South Yorkshire practice of law (1991) refe rs In order to establish a Care of job, the listed bullet points below also known as the tripartite contained in negligence must be met The element must be reasonably be foreseeableThere must be a relationship between the claimant and the defendant It must be fair, just and reasonable in such environment or situation for a duty of care to be sanctioned. Example is the matter of Caparo v Dickman (1990) HL a case involving auditors certifying false account for the company. (www.sixthformlaw.info) give out of Duty is where the defendant fails to meet the standard of care as stipulated by law and to confirm if the defendant owed the complainant any moral or obligatory duty. However the defendant is not enforced to have any contractual liability with the complainant. The responsibility can be moral or legitimate. Example is the case of Willsher v Essex Area Health control (1988) 1 AC 1074 in which a premature babe was given drug of oxygen by a lower-ranking doctor that affected t he babys retina and made him blind. The case was affirmed as the defendant was in breach of duty (www.e-lawresource.co.uk) Psychiatric Injury This arises from sudden brush up on the nervous system (www.lawteacher.net) and until of late was uncertain in tort of negligence.For claimants to make claims regarding psychiatric injury he or she must be able to prove that the injury was genuine. However emotions of grief or sorrow are not enough to cause psychiatric injury Hinz v berry (1970) 2 QB 40 The Hinz family went out for a day trip when a jaguar driven by Berry ran into the Hinzs car killing the Mr Hinz and injuring the children. Mrs Hinz witnessed the attendant and became depressed but her claim was jilted by the Court of Appeal. Factual causing This is the process where it must be proven reasonably in the law that the defendants action led to damage. This in some cases, applying but for test in most cases resolve the disputed torts law cases but if it was proved, the fact must go hand in hand with the other elements, in order to make the case valid and if established, then the defendant is said to be liable to remediation.The case of Barnet v Chelsea & Kensington Hospital focal point Committee (1969) in which a Mr Barnett went to infirmary and complained of stomach pain sensations and vomiting, he was attended to by a contain whoinformed the doctor on duty. The doctor told the nurse to send him home and visit his GP in the morning. Mr Barnet passed away five hours later due to arsenic poisoning. Even if the doctor had examined Mr Barnett at the time he visited the infirmary there was nothing he could have done to save him. The hospital was found not liable but this case shut ind the but for test that is, the hospital was not negligent for the death of Mr Barnett. Bermingham. (2005). However, there is no need to prove negligence has a certain pattern or order. The elements are principally the determining rules in assessing whether a certain case is a case of negligence or not.Damages This is the sum of money a complainant gets awarded in a lawsuit. There are various types of insurance such as modified damages caused by the injury received inclusive of medical and hospital bills, ambulance charges, loss of wages, property repair or permutation costs or loss of money due on a contract. oecumenic damages is a result of the other partys actions, however, they are unverifiable both in nature and in determining the value of damages. These include pain and suffering, future problems and crippling effect of an injury, loss of ability to perform various acts, cut down of life span, mental anguish, and loss of companionship, loss of reputation in a disparage suit, humiliation from scars, loss of anticipated business and other harm. emblematic (Punitive) damages This is the junto of punishment and the setting of public example.Exemplary damages may be awarded when the defendant acted in a malicious, violent, oppressive, fraudulen t, wanton or grossly reckless way in causing the special and general damages to the plaintiff. On occasion punitive damages can be greater than the actual damages, for example, in a sexual worrying case or fraudulent schemes, though these damages are often requested for, they are rarely granted. Nominal damages These are damages awarded when the actual harm is minor and an award is necessitated under the circumstances. The most famous case was when Winston Churchill was awarded a lead on (about 25 cents) against author Louis Adamic, who wrote that the British strand Minister had been drunk at a dinner at the White House. The Times. (1947) Liquidated damages are damages pre-set by the parties in a contract to be awarded in case one party defaults as in breach of contract. The case of Dunlop Pneumatic Tyre Company v sassy Garage & Motor co (1915) AC 70 refers.Defences forNegligence This is where the defendant tries to introduce evidence that he did not cause the plaintiffs damage or injury. (www.injury.findlaw.com) There are several defense forces obtainable to negligence claims such as Violenti non adjoin injuria This is a Latin phrase which means for a willing person, there is no harm and used in civil cases as a defence oddly when the claimant voluntarily assented to start legal risk of harm at his own peril. In the case of Smith v bread maker (1891) AC 325. The plaintiff was utilise by the defendants on a railway eddy site and during the course of his spirt rocks were go over his head by a stretch. It was known to both the plaintiff and his employers that there a risk possibility of a rock music falling on him and had in the first place complained to his employer about the risk A stone fell and injured him and he sued his employers for negligence.His employer pleaded violenti non fit injuria and declined by the court because although the plaintiff knew about the risk and continued to bunk but no evidence shown that he voluntarily undertook to run the risk of injury, but his sequel to mildew did not indicate volens (his react). contributing(prenominal) negligence This defence applies where the damage suffered by was caused partly both by the claimant and the defendant. Here the defendant must prove that the claimant failed to take reasonable care for his own safety and this caused the damage. This was enacted in the Law Reform tributary Negligence Act 1945 according to Cracknell (2001) that (1) Where any person suffers damage as the result is partly of his own fault and partly of the fault of any other person or persons, a claim in respect in respect of the damage shall not be defeated by by reasons of the fault of the person suffering the damage, but the damages recoverable in respect thereof shall be cut down to such extent as the court thinks just and equitable having regard to the claimants share in the responsibility of the damage so, if contributory negligence is support the claimant would be awarded the cost proportional to his own fault of the damage.For example if the claimant was entitled to 20,000.00 (Twenty thousand Pounds and he was responsible for 25 per cent of the damage, the claimant would be awarded 15,000.00 (Fifteen thousand Pounds only). However, sometimes contributory negligence operates in complete defence as in Common law where the court found the claimant to be partially rap for their injuries they might receive nothing. In the case of Butterfield v Forrester (1809) 11 East 60the plaintiff was injured when rode his horse erratically and ran into a post obstruction negligently left on the road by the defendant near his house with the intentions of carrying out repairs. A witness confirmed the plaintiff (Butterfield) was riding dangerously and could not stave off the post. The witness further testified that if the plaintiff was not riding dangerously he would have seen the post and the accident would have been avoided. The plaintiff was found guilty of contributory neg ligence and received nothing. Froom v Butcher (1976) QB 286. The driver of a car did not use the safety blast and was seriously injured in the accident with the defendants car as a result of the defendants negligence. The injuries sustained by the driver would not have been that serious if he wore the seat belt. His damages were bring down by 20 per cent by the Court of Appeal.This accident resulted in the entryway of not wearing safety belt as a criminal offence. statutory or Common Law exculpation In certain situation a person may have a worthy defence to a tort action if he has valid evidence that his actions are covered by statutory rule and applicable law or canon. A good example is the law of nature and Criminal Evidence Act 1968 clearly setting out the power of constabulary to arrest, stop and search and entry. If these powers are used fairly and responsibly, the Act will repay a good defence to a tort action. Self-defence might perchance be a good confession in com mon law for tortious actions as in the case of R v Gladstone Williams (1984) 78 Cr. App. R. 276. Ex turpli causa non oritur actio (Illegality) This is coined from Latin to mean of an outlawed act there can be no lawsuit (www.legal-glossary.com) In the case of Vellino v Chief Constable of greater Manchester (2002) 1 WLR 218 Court of Appeal Vellino was a regular offender with history of convictions. He was arrested and as usual tried to move from the second floor window and got himself injured seriously.The police were aware of his several attempts in the past and knew this to be dangerous but did nothing to stop him from escaping. In his attempt to escape from the second floor he injured himself and suffered fractured skull resulting in brain damage and quadriplegia also known as tetraplegia, a paralysis caused by the injury he sustained making completely interdependent on people for support. Vellino sued the Police and claimed they owe him duty of care to prevent him from injur ing himself which the Police denied and in their defence raised ex turpi causa that it was a criminaloffence for an arrested person to attempt to escape. The claimants appeal was dismissed. Consent Is a full defence raised in civil cases particularly when a defendant is sued for civil judicial proceeding for committing an intentional tort. . It is also referred to as premise of risk and it plays an important role in law. In common law consent is regarded as a necessary member for creating a binding contractual bargain.In addition Consent is very closely linked with volenti non fit injuria. Below are the types of Consent Express Consent Is when the defendant agreed to willingly submit to plaintiffs action. For example, Tom willingly takes part in a tackle football game and Henry tackled Tom, Tom suffers a knee injury. Henry is not liable because Tom obviously consented by agreeing to take part in the game. Implied Consent is deduced from plaintiffs conduct. (OBrien v Cunard S. S. Co., 28 N. E. 266 (1891) complainant was a passenger abroad on one of the Defendants ships. She was immunize whilst on the ship and suffered complication resulting in injury. She sued for assault and injury. Her case was dismissed on the grounds that she did not object when the defendants doctor indicated he wants to vaccinate her.Informed Consent This is an individuals agreement to allow something to occur made with full knowledge of the risks involved and other options to his chosen course of action. However, consent by the plaintiff does not authorise the defendant to do whatever he wishes to the plaintiff because of the contact that the defendant made with the plaintiff should not go beyond what the plaintiff consented to. For example, if I visited my Dentist to remove a rotten tooth and in the process he noticed a tumour and distant it without my consent. I could sue my GP for assault and injury because I did not consent to him to remove the tumour I only consented to him t o remove my rotten tooth. (1) Consent will be void if it is obtained by imposition or by fraudulent means. Bartell v. State 82 N.W. 142 (Wis. 1900). Case refers.(2) Consent will be void if it is given under duress or threats of physical force.(3) Consent will also be void if it was given as a result of a mistake and the mistake was(a) Caused by the defendant, or(b) The defendant was aware of the mistake and he did not alert the plaintiff. emergency It is an affirmative defence that is raised when a tortious act is committed by an individual, for the prevention of greater harm or injury from occurring to the community, defendant or defendants property. Regina v Dudley & Stephen (1884) 14 QBD 273 DC. In this case, Dudley and Stephen the defendants and Brooms were ship wrecked with Parker, a fellow young seaman. They have been without fare and piss for almost three weeks. The defendants killed Parker to provide food for themselves to save them from starvation but Brooms dissented. T hey were found guilty of murder (www.casebriefs.com) Q. 3.3vicarious liability is one which on one individual as a result of an action of another. Rutherford and Bone. (1993). For example, is the liability of an employer for the acts and omission of his employees. It can be regarded as strict liability due to the defendant not being at fault. The most popular vicarious liability is when the employee otherwise the tortfeasor commits a tort while in his employers consumption, the employer is held liable and this due to the doctrine of respondeat professional a Latin phrase meaning let the overlord answer . For a court to establish if an employee acted whilst in employment the following must be confirmed if Did the action happen whilst the employee is at lop and during working hours? Did the employer employ the employer when the incident occurred? Was the injury due to the actions of the employee in the role the employed was hired? Example is the case of Mattis v Pollock (t/a Flami ngos Night federation) (2003) EWCA Civ 887 The bouncer was employed by Flamingo night club and in the course of performing his duty he got into a fight with one the customers and stabbed the customer.His employer were held liable for the injuries caused to the customer. Other case example is Other was in which a business can be liable in vicarious manner is when the employee acted in an unlicensed ways whilst performing the contractual duties, or when the employee acted against his employers instruction, or if the employee commits fraud andacted against his work boundaries. In all the above, the employer is still liable vicariously. Examples of different cases are enumerated below In the case of Century Insurance Co. Road Transport Board (1942) AC 509 HL and Limpus v. capital of the United Kingdom General Omnibus Co (1862). The driver o a gaseous state tanker was in employment whilst transferring gun into and underground storage tank. He laid low(p) a match to light a cigarette resulted in explosion that caused a lot of damage. It was held negligent the driver was negligent in carrying out his duties and his employer was found negligent. Limpus v. London General Omnibus Co. (1862) in this case the driver was speeding to collect passengers and advisedly obstructed the driver of a mate company and overturned the latters bus despite that the bus driver had been warned strictly not to cause obstruction.His employer LGOC was found liable Employee committing a fraud whilst in employment is illustrated in the case of Lloyd v Grace, Smith and Co. 1912 in this case the plaintiff wants to sell some cottages and went to the solicitors. The managing clerk of Lloyd conned the plaintiff to transfer the cottages to him and embezzled part of the mortgage money. Lloyd was sued by the employee and they were found liable for the fraud committed by the clerk even though it was only the clerk who benefited from the fraud. learn Test The control test was the original test th at has its origin in master and servant law and it also research who has dominance over the way work is carried out the work. This test was applied in Mersey dock and Harbour Boards v Coggins and Griffiths Ltd (1946) Mersey get in was in charge of training and for providing crane floozie to organizations. Mersey contracted one of his operators to longshoreman Company and caused injuries through his negligent in operating of the crane. Mersey Dock was found liable as it was assumed the crane operator was in their employment as a contractor.Finally, the Employees criminal behaviour is one of the positive factors of how a business can be vicariously liable because if whilst in employment commits any criminal action his employer is liable vicariously the case of Heasemans v Clarity Cleaning (1987) Court of Appeal where the defendant employed an office unused who in the course of her duty used the plaintiffs telephone for internationalistic calls. The appeal of the contactor was su ccessful as it was held that was not vicariously liable for his employees act Health and Safety Act 1974 It is also referred to as HSWA or HASAWA is the main setof law or legislation that covers occupational health and safety at work and gives wide-ranging duties on employers to understand in a reasonable practical manner the health, safety and welfare at work of all employees, likewise it also expect some degree of responsibilities from employees. Source (http//www.hse.gov.uk/legislation/hswa.htm)The main purpose of this Act is to ensureThe security, of health and safety as well as the welfare of individuals at work To protect individuals against risk to health and or safety in relations to the activities of individuals at work To control and prevent the use of illegally acquired of hazardous dangerous substances. Employers responsibilities includeTo provide and maintain safety equipment and safe systems at work. To ensure hazardous materials used are properly stored, handled, ut ilised and transported safely To provide supervision, instruction, information, training at work for employees To ensure the control of certain dismissal into airTo provide a safe working environmentTo provide a written safety policy/risk assessment for employees Look after the health and safety of others such as the members of public. On the other hand, the employees responsibilities include Taking care of their own health and safety and that of others, failure to do this makes the employees liable Must avoid interfering with things provided by the employer in the by-line of health and safety Must assemble with their employersSource (http//www.slideshare.net/ManojRNair/work-based-learning-health-and-safety-act-1974) Finally, it is worth mentioning that there are other several relevant legislations amongst which are Management of Health and Safety at Work Regulations 1999Fatal Accident Act 1976Limitation Act 1980Law Reform (Contributory Negligence) Act 1945Employers indebtedness (Compulsory Insurance) Act 1969Employers Liability (Defective Equipment) 1969Civil Procedures Rules (as amended by the Woolf reforms)Sources (www.leeds.ac.uk)In conclusion the above report has critically and chronically been done and analysed to reflect on all the relevant issues affecting Aspects of Contracts and Negligence.Vicarious Liability. 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