Torts Law Essay Example | Topics and Well Written Essays - 2000 words

Torts Law - Essay Example condition of the fishing equipment, the service provider brushed it aside in a casual manner saying no untoward incident had happened in the past 25 years generally without paying attention to the particular boat and equipment. It is not the case of the service provider that even if the fishing equipment had been in good condition, the accident could not have been averted given the fact hooking of such a huge fish is capable of leading to such an eventuality as not a foreseeable risk and presence of tuna fish in that coastal area is a rare phenomenon. Hence the Family Friendly Vessel’s owner is clearly responsible for the injuries suffered by Mickey’s wife June and his daughter Gina. Lord Atkin in Donoghue v Stevenson1 (1932) laid down that in tortious liability due to negligence, the above requirements of duty of care, breach of that duty and loss and damage due to that breach should be met. In fact Donoghue case gives liberty to proceed against those who are not privy to the contract unlike in the present case wherein there was definitely a contract that existed between Family Friendly Fishing and the Mickey family. Hence it is all the more appropriate to hold the vessel owner directly liable to June and Gina for loss they have suffered. This principle laid down in Donohue v Stevenson was adopted in Australia in Grant v Australian Knitting Mills and Another.2, though both were from the House of Lords. The Family Friendly Fishing can not avoid the damages under the pretext of the inherent risk involved in such dangerous sports because, but for the defect this mishap would not have occurred. The res ipsa loquitur doctrine can not come to the rescue of Family Friendly Fishing. The doctrine is understood as â€Å"Control [by the defendant manufacturer] during the process of manufacture was sufficient, once the plaintiff has eliminated himself and other extraneous forces as likely causes of the injury†3 They had the duty of

Hans and the Romans Essay Example for Free

Hans and the Romans Essay The Hans and the Romans both had very fascinating views on their technology. While The Han’s attitude toward technology was viewed as a positive contribution to their society the Romans had positive views other Romans had negative attitudes. Every document has its own opinions on the way they appreciate technology some support which is making then look good, while some think it’s for low class people and not for government. In order to fully analyze Han and Roman attitudes toward technology it would have been helpful to have an additional document of an interview with a Roman laborer because all of the other documents were from higher class Romans who did not work with tools and such technology. Documents 1, 8 agree with each other because the upper class people believed that technology is great and is needed. Document 1 by a Han government official said that the empire needed to be protected more fully, because it’s the government responsibility. While document 8 by a Roman general and a water commissioner said that water is easy to use and is pleasurable, because he is sticking up for himself so he can look good. Documents 2, 5 and, 7 agree in a way that they all think upper class and government should not be at the use of technology, they believe that lower classes like peasants should be the ones dealing with technology. Document 2 by a Han government official states that tools were made way better by individual families like the lower classes than the ways made by government and upper classes, so he believes only lower class people should deal with technology not government. Document 5 by an upper class Roman political leader says workshops are horrible when they are controlled by government he would much rather have lower class do it because they are much better at it. Document 7 by an upper class Roman philosopher states that Technology belongs to the lower class because the upper class are too good and special to use such technology. Documents 3, 4 and 6 agree by the ways that government and upper class should be in control of such technology. Document 3 by an Upper class Han philosopher says that their work that they did help the make more revenue by getting the power of many animals and help increasing their money by 10 fold, so he thinks that government should control technology and he like the money and the recognition of his efforts . Document 6 by a Roman high official says that the roads that are built by the government are special, and that they have parallel height, with a beautiful appearance. So he agrees that government and upper class should control technology because they make great things out of it. Document 4 by the history of the early Han dynasty stated Ti Shih was an upper class governor that invented many things of technology and took great care of his people. The reason this is being stated is that so That the government can look good for technology. Romans and Han have very different opinions based on the way their empire is run and what the government and people do in it. The Romans and the Hans were both big empires that had many thoughts on the uses of their technology.

Music File-Sharing- Right or Wrong? Essay -- Internet File Sharing Ess

Music File-Sharing- Right or Wrong? To file share or not to file share? That is the question. Should free music off the internet be legal? Who is in the right- Napster or the music industry? There are some of the topics I hoped to discuss when I invited four journalists to my house to debate the controversial issue of online music. Ding-dong! â€Å"Uh-oh†, I think, wiping my hands on a paper towel. â€Å"They must be here early.† It’s six-thirty, my guests aren’t due to arrive until seven, and I am already a half-hour behind. The lobsters are still boiling on the stove, the chunky potatoes are rock-hard and my spinach salad lies in pieces all over the kitchen floor. Things aren’t off to such a good start. I am supposed to be hosting a small, informal discussion tonight with a few journalists. The topic of the forum concerns the recent legal uproar about online music organizations such as Napster, Morpheus and Kazaa. I have invited a variety of people; some of whom have clashing opinions. I am looking forward to a heated and intellectual discussion; which will be good because I am planning on writing a book on the subject of online music. I haven’t decided yet whose side I am on; the music industry or the internet music providers. Hopefully, tonight’s discussion will provide me with some insight as to which side to stand on. Or maybe, I won’t have to choose a side†¦who knows? As I walk to the front door, I can’t help but feel just a little bit anxious, but excited at the same time. â€Å"I wonder who it is†¦who had the nerve to be fifteen minutes early?† I think to myself. I open the great oak door to find Tobey Grumet, a journalist from Popular Mechanics magazine. â€Å"How’s it going?† he asks casually as he ... ... on the issue of online file-sharing. Each of them had to take an opinion on the subject because it is part of their job. And, for the most part, I don’t believe there was any kind of prior incentive to their taking one side or the other. Each of them has an extensive technological background and I think they looked at the issue pretty objectively. I learned a lot about online music from this project. I never realized what an important part of the technology community it plays. It is fun to download free music, rate it, and perhaps even discuss it with fellow music lovers. And it is convenient and thrifty to be able to check out albums before you decide to buy them. My final decision is that online music is a positive aspect of the internet that I hope, somehow, will continue to remain free and entertain music lovers through the means of the internet.

Biblical References in Haydn Middletons The Lie of the Land :: Middleton Lie of the Land Essays

Biblical References in Haydn Middleton's The Lie of the Land "This is how the birth of Jesus Christ came about: his mother Mary was pledged to be married to Joseph, but before they came together, she was found to be with child through the Holy Spirit (Matthew 1: 18)." Throughout The Lie of the Land, Haydn Middleton creates "David's Story" through a series of biblical references. These references allow for the speculation of David Nennius as the son of God. This speculation comes about as a result of the rape of his mother by a stranger, the figure of God. Through the use of these references, Middleton allows the reader to see the obvious correlation between the conception and birth of David Nennius, and that of Jesus Christ. Mary is described as "bookish and dried-up," a virgin unscathed by the touch of another male (Middleton 71). Mary returns home one day to find an intruder. "She never worked out exactly how the intruder had got in. He took her arm from behind, quite gently (72)." Though the presence of an intruder, would certainly be enough to strike any woman with certain fear, Mary is seemingly unafraid, almost as if there is something about the presence of this man which comforts her in a way in which words could not express. Throughout his presence, Mary remains unafraid, "it was as if the hideous fact of his presence was shedding its own brilliant light (72)." The use of "brilliant light" suggests the presence of a divine being, almost as if a halo of light is surrounding him as that which surrounds God. Though the actual conception of Jesus did not occur on a physical level in the story set forth by the Bible, Middleton insists on displaying the creation of Jesus through the actual sexual acts of two people. This is interesting from the standpoint that the intruder, though depicted as a powerful and gentle being, is never seen through the eyes of Mary as particularly strong. She speaks of the "weakness" behind his smile; a weakness which overcomes any male when faced with the prospect of sexually satisfying a woman (74). God is, in a sense depicted as having the weaknesses of a normal, immortal male. Like any man, he too has yearned for what only a woman could give him. This becomes the weakness which is so apparent to Mary at the time of conception. Biblical References in Haydn Middleton's The Lie of the Land :: Middleton Lie of the Land Essays Biblical References in Haydn Middleton's The Lie of the Land "This is how the birth of Jesus Christ came about: his mother Mary was pledged to be married to Joseph, but before they came together, she was found to be with child through the Holy Spirit (Matthew 1: 18)." Throughout The Lie of the Land, Haydn Middleton creates "David's Story" through a series of biblical references. These references allow for the speculation of David Nennius as the son of God. This speculation comes about as a result of the rape of his mother by a stranger, the figure of God. Through the use of these references, Middleton allows the reader to see the obvious correlation between the conception and birth of David Nennius, and that of Jesus Christ. Mary is described as "bookish and dried-up," a virgin unscathed by the touch of another male (Middleton 71). Mary returns home one day to find an intruder. "She never worked out exactly how the intruder had got in. He took her arm from behind, quite gently (72)." Though the presence of an intruder, would certainly be enough to strike any woman with certain fear, Mary is seemingly unafraid, almost as if there is something about the presence of this man which comforts her in a way in which words could not express. Throughout his presence, Mary remains unafraid, "it was as if the hideous fact of his presence was shedding its own brilliant light (72)." The use of "brilliant light" suggests the presence of a divine being, almost as if a halo of light is surrounding him as that which surrounds God. Though the actual conception of Jesus did not occur on a physical level in the story set forth by the Bible, Middleton insists on displaying the creation of Jesus through the actual sexual acts of two people. This is interesting from the standpoint that the intruder, though depicted as a powerful and gentle being, is never seen through the eyes of Mary as particularly strong. She speaks of the "weakness" behind his smile; a weakness which overcomes any male when faced with the prospect of sexually satisfying a woman (74). God is, in a sense depicted as having the weaknesses of a normal, immortal male. Like any man, he too has yearned for what only a woman could give him. This becomes the weakness which is so apparent to Mary at the time of conception.

“Princess Paradox” by James Poniewozik Essay

In the â€Å"Princess Paradox† James Poniewozik starts out his article by taking a stance against the princess movement, but then throughout the rest of his article he talks about how the movement is good for young girls by showing that they can control their own destiny. Unlike the â€Å"Princess Paradox†, Peggy Orenstein’s article â€Å"Cinderella and Princess Culture† takes a stance against the princess movement by stating that the movement is ruining the minds of young girls. Although both authors have feminist points of view, they have opposite opinions on how the princess movement affect young girls, which they try to prove by using different approaches to prove what their opinion is. In their opening paragraphs both authors take a stance against the princess movement. Poniewozik starts out his article by saying that it is a recurring nightmare of high-minded modern parents of daughters, where the parents give many masculine toys, and then when Halloween rolls around they want to be a princesses; (666) while Orenstein writes her article from the perspective of a parent whose daughter was called a princess and treated as a princess everywhere she went, and Orenstein’s tolerance of this treatment grew shorter until she lost her patience. Though Poniewozik seems to take a stance against the movement in his opening paragraph he ends up leaning towards why it is a good thing for young girls, whereas Orenstein keeps her opinion the same, but she goes on to contradict the point that she was trying to make. Both authors compare todays princess movement with the feminist movement that took place a few years ago. We’ve come a long way, it seems, from the girls-kick-ass culture of just a few years ago in which a 360 [degrees] flying roundhouse kick was a girl’s best friend. (Poniewozik 666) Poniewozik says that today’s Prince Charming has learned the lessons of feminism, or at least learned to pay lip service to them. (666-667) Orenstein on the other hand sees the princess movement as an anti-feminist movement, which she tries to support at first, but then she begins to contradict herself by saying that the princess movement may be a sign of progress, and that at  long last girls can have it all. (671) The approach to the princess movement that both authors take is completely different from the other. Poniewozik uses the princess related movies for his approach, showing how they fit in the theme that the girl can have it all, while at the same time they can keep the feministic way, while Orenstein pulls all her information from the Disney’s Princesses. She takes her approach by claiming that the princess movement was started when Disney put nine of its female characters together and started to sell the princess movement to the public. Poniewozik keeps his claim that the princess movement is good for young girls throughout his article which he tries to prove by using more opinion than fact. Orenstein started her article with the point of view that the princess movement is ruining young girls, but about half way through the article she states that she might be wrong. Where Poniewozik fails to give good facts to support his claim Orenstein seems to make up for when she goes on to give facts and evidence which disproves her own theory, but supports Poniewozik’s. Poniewozik’s proof of his theory is rather hollow, but is more filled if you add in the facts and information from Orenstein’s article. On the other hand Orenstein lacks proof to prove her stand against the princess movement and to prove how she could be right. Most of the information that she tries to use to back up her theory is formed from her opinion, which makes the proof for her theory rather hollow. Poniewozik talks about how the princess movies show what a princess should be like and that there is a strict set of rules and conventions; she should be pretty, but in a class president way, not a head cheerleader way, she should be able to stand up for herself, she must be socially conscious, and above all she should not want to be a princess until she changes her mind that is. (668 Poniewozik) Orenstein says similar things such as girls feel like they have to follow a certain set of rules to be accepted; school-age girls overwhelmingly reported a paralyzing pressure to be â€Å"perfect†: not only to get straight A’s and be the student-body president, editor of the newspaper and captain of the swim team, but also to be â€Å"kind and caring,† â€Å"please  everyone, be very thin and dress right.† (673) Orenstein found that Disney’s secret to selling their princess products was that all they had to do is think like a little girl would about princess items. Such as, what type of bed would they want, what type of alarm clock would they want to wake up to, and what type of TV would they like to watch, and etc. Few girls will completely bedeck their room, but if she ends up with three or four of these items, well you have a healthy business. (673 Orenstein) Poniewozik found a similar occurrence with princess movies. He says that Hollywood is discovering that it still does not pay to fight the royal urge. (Poniewozik 666) Following 2001’s $108 million-grossing _The Princess Diaries,_ Hollywood waved its wand and conjured a set of Cinderella stories for girls, including The Prince and Me and Ella Enchanted, as well as A Cinderella Story and its sequel. (Poniewozik 666) Both authors stated their claims and presented their evidence, they both have opposite views, but yet the evidence is similar in many ways. Although both authors have feminist points of view, they have opposite opinions on how the princess movement affect young girls, which they try to prove by using different approaches to prove what their opinion is. Poniewozik’s argument was proven with some facts he had, while Orenstein did not support her argument very well and only helped make Poniewozik’s argument better, and to disprove her own. Citations: Orenstein, Peggy. â€Å"Cinderella and Princess Culture.† Writing and Reading Across the Curriculum. Suzanne Phelps Chambers. Upper Saddle River: Longman, 2011. 670-673. Poniewozik, James. â€Å"The Princess Paradox.† Writing and Reading Across the Curriculum. Suzanne Phelps Chambers. Upper Saddle River: Longman, 2011. 666-669.

Ancient Egyptian Cuisine and Food Habits

Ancient Egyptian Cuisine and Food Habits Among the ancient civilizations, Egyptians enjoyed better foods than most did, thanks to the presence of the Nile River flowing through most of settled  Egypt, fertilizing the land with periodic flooding and providing a source of water for irrigating crops and watering livestock. The proximity of Egypt to the Middle East made trade easy, and hence Egypt enjoyed foodstuffs from foreign countries as well, and their cuisine was heavily influenced by outside eating habits.   The diet of the ancient Egyptians depended on their social position and wealth. Tomb paintings, medical treatises, and archaeology reveal a variety of foods. Peasants and slaves would, of course, eat a limited diet, including the staples of bread and beer, complemented by dates, vegetables, and pickled and salted fish, but the wealthy had a much larger range to choose from. For wealthy Egyptians, available food choices were easily as broad as they are for many people in the modern world.   Grains Barley, spelt,  or emmer wheat provided the basic material for bread, which was leavened by sourdough or yeast. Grains were mashed and fermented for beer, which was not so much a recreational drink as a means of creating a safe beverage from river waters that were not always clean. Ancient Egyptians consumed a great deal of beer, mostly brewed from barley.   The annual flooding of plains alongside the Nile and other rivers made the soils quite fertile for growing grain crops, and the rivers themselves were channeled with irrigation ditches to water crops and sustain domestic animals. In ancient times, the Nile River Valley, especially the upper delta region, was by no means a desert landscape.   Wine Grapes were grown for wine. Grape cultivation was adopted from other parts of the Mediterranean in about 3,000 BCE, with Egyptians modifying practices to their local climate. Shade structures were commonly used, for example, to protect grapes from the intense Egyptian sun. Ancient Egyptian wines were primarily reds and were probably used mostly for ceremonial purposes for the upper classes. Scenes carved in ancient pyramids and temples show scenes of wine-making. For common people, beer was a more typical drink.   Fruit and Vegetables Vegetables cultivated and consumed by ancient Egyptians included onions, leeks, garlic, and lettuce. Legumes included lupines, chickpeas, broad beans, and lentils. Fruit included melon, fig, date, palm coconut, apple, and pomegranate. The carob was used medicinally and, perhaps, for food. Animal Protein Animal protein was a less common food for ancient Egyptians than it is for most modern consumers. Hunting was somewhat rare, though it was pursued by commoners for sustenance and by the wealthy for sport.  Domesticated animals, including oxen, sheep, goats, and swine, provided dairy products, meat, and by-products, with blood from sacrificial animals used for blood sausages, and beef and pork fat used for cooking. Pigs, sheep, and goats provided most meat consumed; beef was considerably more expensive and was consumed by commoners only for celebratory or ritual meals. Beef was eaten more regularly by royalty.   Fish caught in the Nile River provided an important source of protein for poor people and was eaten less frequently by the wealthy, who had greater access to domesticated pigs, sheep, and goats.   There is also evidence the poorer Egyptians consumed rodents, such as mice and hedgehogs, in recipes calling for them to be baked. Geese, ducks, quail, pigeons, and pelicans were available as fowl, and their eggs were also eaten. Goose fat was also used for cooking. Chickens, however, seem to have not been present in ancient Egypt until the 4th or 5th centuries BCE.   Oils and Spices Oil was derived from ben-nuts. There were also sesame, linseed and castor oils. Honey was available as a sweetener, and vinegar may have also been used. Seasonings included salt, juniper, aniseed, coriander, cumin, fennel, fenugreek, and poppyseed.

A Near Death Experience Essays

A Near Death Experience Essays A Near Death Experience Essay A Near Death Experience Essay How near have you come to deceasing? What value do you put on your ain life? Mary Oliver poses these really deep and challenging inquiries to the reader in her short verse form. ?Alligator Poem. ?In the verse form. the character has an experience in which she comes really close to decease: an alligator walks by her as she drank some H2O out of a river while sitting on a riverside. Oliver describes it in this manner: ?I didn’t understand/I drank up to the really minute it came/crashing toward me/its tail flailing/like a package of swords/slashing the grass/and the interior of its cradle-shaped mouth/gaping/and rimmed with dentitions and/that’s how I about died/of foolishness/in beautiful Florida. ?Clearly she has had a near-death experience. The linguistic communication used in depicting that transition shows true fright: ? tail flailing/like a package of swords/slashing the grass. ? This experience has exposed the character to the really existent possibilities of deceas e. This experience besides was most likely the persona?s foremost near-death experience. Oliver indicates this with the statement ? that?s how I about died/of foolishness/in beautiful Florida. ? People who have many near-death experiences normally ever exercising cautiousness in state of affairss that could be fatal. In this state of affairs. she walked straight up to the river bank and stuck her olfactory organ in. and started imbibing ( ? I didn?t understand/I drank up to the really minute it came? ) . The remainder of the verse form goes on to demo how the character changed and reacted from this near-death experience. She clearly takes a new value for life off from her first near-death experience: ? but about how I rose from the ground/and saw the universe as if for the 2nd time/the manner it truly is. ? The transmutation that she shows after the experience can be attributed to the new value that she places on life. which before the near-death experience was much lower. Most likely. she will exert cautiousness further in the hereafter. Another facet that the character takes off from this experience is her recognition of the life qualities of nature. Oliver explains this with the transition straight after the description of the metempsychosis: ? The H2O. that circle of shattered glass/healed itself with a slow whisper/and lay back/with the back-lit visible radiation of polished steel/and the birds. in the eternal waterfalls of the trees/shook open the snowy plaits of their wings. and drifted off. ?The character now sees populating value of nature. and how it is non simply inanimate objects. but a being merely like us. Before the near-death experience. the character of the verse form was blind to this truism. Unfortunately. it took a turn with decease to expose these facts. but it is every bit of import that she now understands this. This newfound value is already apparent in the persona?s life. Oliver makes certain to demo the persona?s transmutation in concrete inside informations: ? I reached out/I picked the wild flowers from the grass around me/blue stars/and reddish trumpets/on long green stems/for hours in my trembling custodies they glittered/like fire. ? The character picks the flowers and recognize their life qualities. hence the simile to fire in the last line of the verse form. The verse form contains many literary devices that Oliver uses to convey her message in the verse form. The full verse form is a amour propre. or drawn-out metaphor. for a rebirthing procedure. Oliver gives us the sightlessness in the beginning of the verse form ? when the character unwisely walks up to the riverside without any respect for the home ground of the animate beings that live in and around the river ( e. g. the alligator ) . and the possible hazards of an alligator brush ( e. g. decease ) . Next was the near-death experience. as the alligator crossed waies with the character. which caused the transmutation. Finally. the metempsychosis occurs. and the alterations in her life are happening every bit shortly as the metempsychosis happens. Clearly. Mary Oliver illustrates the rebirthing procedure in her verse form Alligator Poem. She attractively demonstrates this procedure with personification. amour propre. and metaphors. She is a great poet. and ?Alligator Poem? is a great illustration of her enormous organic structure of work. Plants Cited Oliver. Mary. Alligator Poem. 50 Great Poems and Short Stories. Random House. 1990.