Torts; CyberTorts; Strict Liability; Products Liability; Consumer

Torts; CyberTorts; Strict Liability; Products Liability; Consumer Torts; CyberTorts; Strict Liability; Products Liability; Consumer Protection – Essay Example TORTS Cyber Torts, Strict Liability, Products Liability, Consumer Protection Introduction The business world is governed largely by 2 types of law, contract law and tort law. Contract law pertains to the specific terms and conditions involved in the supply of a particular product or service. On the other hand, tort law governs all business practices (Cornell 2011) It is based on unwritten common law, although it can be reinforced by statutes passed by the legislature. Aside from these statutes, court decisions are based on precedent, that is, previous cases involving similar facts. Torts are wrongs committed against individuals and groups and can be intentional or unintentional. Intentional torts are wrongs done deliberately and therefore criminal and dealt with by criminal law and are uninsurable. On the other hand, unintentional torts are those committed inadvertently often due to negligence or carelessness and are therefore usually insurable. Examples of torts are cyber, strict li ability, and product liability, for which consumer protection is required. Cyber Torts Cyber Torts are simply wrongs committed over the internet which cause some kind of harm to the internet user. (Talbot 2010) Examples include identity theft, illegal piracy of electronic property, arranging meetings for criminal transactions, false impersonation to obtain information and sending out vast amounts of e-mails containing harmful data or spam. As it is often difficult to determine who is responsible protective software is being developed. The most common cyber tort is identity theft followed by home shopping catalog sales. Other examples are trespass to chattels, conversion, cyber stalking/harassment and defamation. An example of the latter is a case where a female teenager befriended a male counterpart on My Space who made nasty comments about her resulting in her suicide. In defamation the negative comments must be false as truth is an absolute defense. They must involve the unprivile ged publication of a statement to third parties (internet users) by at least the negligent acts of the publisher and cause perceivable damage to a perspective plaintiff. They are considered especially dangerous because of the global reach of the internet and the potential for source anonymity. Conversion is the unlawful application of the personal goods of another by the taker or a third party other than the owner and/or destroying or altering its’ nature. The required elements for a lawsuit are ownership or right of possession by the plaintiff, the defendants’ conversion by a wrongful act and causing harm to the plaintiff. Similarly, trespass to chattels requires meddling with a chattel in possession of another resulting in a) dispossession of the chattel, b) deprivation of the use of the chattel, c) impairment of the condition of the chattel and d) harm to the legal possessor of the chattel. Strict Liability Strict liability differs from ordinary liability in that a plaintiff does not have to prove the defendants’ negligence caused them harm, only that they sustained damage or injury resulting from an appropriate use of the defendants’ product or service.(Cornell 2011) For example, an employer may be held liable for the torts of an employee, unless the employer can demonstrate that the employee performed contrary to the employers’ instructions. In a products liability case where strict liability has been imposed by legislation because the product is inherently dangerous, purchasers of the product and injured others only have to prove the item was defective, that the defect caused the injury and the defect rendered the product inherently dangerous, even if the defendant exercised utmost care and was not negligent. The only defenses in such cases would be if the defendant could prove the plaintiff misused and/or tampered with the product causing it to become dangerous. In cases of harm caused by animals, strict liability is n ot usually imposed on owners unless by legislation or it can be shown the owner knew of the animals’ propensity to cause harm or it is considered a wild animal or did not take appropriate steps to restrain them. Another situation that could attract liability is the operation of an explosives factory in an urban area. Products Liability Products liability law is derived mainly from tort law although it can be codified by statute. (Cornell 2011)For example, regardless of any warranties supplied by the manufacturer products must be reasonably fit for the purpose intended and free from defects which could cause harm to the consumer and others. Assuming defects are caused by unintentional torts, they are generally insurable. Strict liability is usually applicable because it is often difficult for a consumer to determine whether the cause of the loss is a design, manufacturing or marketing defect, that is failure provide the consumer with accurate and complete instructions. Therefo re all parties involved in the manufacture and sale of the product are jointly and severally responsible for damage and injury caused although insurance companies under a liability policy are required to pay only for resulting damage and injuries, not replacing the defective product itself. While strict liability may apply, there are defenses available. For example, if it can be shown that the consumer caused the damage themselves by dropping,, abusing or otherwise misusing the product, all defendants could escape liability, If a retailer can show that the product was received and sold in a sealed container they avoid liability. Generally, if any party can show that it would have been impossible for them to have contributed to the loss in any way, they can escape liability but the onus is on them to prove that. Consumer Protection The US Federal Trade Commission publishes various articles to educate the public on how to avoid scams or rip offs in different types of purchases and how to optimally exercise their rights.(Federal Trade Com.2009)Various jurisdictions have government consumer protection departments and organizations such as the Better Business Bureau and trade associations for the product involved can investigate on behalf of the consumer and assist in resolving legitimate complaints without litigation. Conclusion Aside from contractual obligations, tort law imposes requirements on the design, manufacturer and distributor of products. It is up to consumers to educate themselves on their rights if they feel they have been victims of tort infractions and to seek appropriate assistance when necessary. References1) Talbot, Jonathon Tyler† Cyber Crimes† Penn State April 19, 2010 retrieved from https://webspaces.psu.edu (1ST432_SP10_TEAM4_CyberCrimesand Torts.2) â€Å"Products Liability Law† Legal Information Institute Cornell University Law School Aug. 19. 2011 retrieved from law.cornell.edu.3) â€Å"Strict Liability† Legal Inf ormation Institute Cornell University Law School Aug. 19. 2011 et al.4) â€Å"Tort Law an Overview† Legal Information Institute Cornell University Law School Aug. 19, 2011 et al.5) â€Å"Protecting America’s Consumers Federal Trade Commission Feb. 18, 2009† retrieved from www.ftc.gov/bcp/consumers.htm.

Energy Commission Poised to Boost Building Energy Standards Essay

Energy Commission Poised to Boost Building Energy Standards - Essay Example Most investors in the housing industry and manufacturers of various building materials support the new building standards. However, the implementation of the new act depends on the attitude of on the politicians. Analysis The issue of global warming has become a contentious in modern society. The connection between global warming and energy consumption is a matter of political interest. The author of this article has a fair distinction between facts and ideologies. According to the author, overdependence of modern economy on fossil fuel is the sole cause of global warming. In this case, the author does not analyze other source of green house gases that that have an equal impact on the environment. However, the author acknowledges the significance of global politics in the implementation of environmental protection laws. The issues discussed in the article are relevant to me as a resident of California. Firstly, the article identifies the responsibility that Americans have in relation to environmental and energy conservation. In addition, the author identifies the significance of politics in the implementation of environmental related laws. ... America uses its position of been the main global oil consumer to influence global politics particularly the Middle East politics. Global warming and environmental degradation are issue of major concern to the public. This is because the public is the most affected by the resultant consequences of global warming. The future of the country and the world in relation to global warming and environmental conservation relies on the effort of every individual and not the political effort of the country. The author has a valid argument concerning the slow down in implementing environmental and energy conservation policies. This is due to current position of the country in global economy in relation to crude oil consumption. Energy consumption and its implication on the country’s economy is the main factor that determines the level of the country’s involvement on environmental conservation matter. In addition, the future of America’s global influence depends on the signif icance of the country on global economy. This makes oil a critical factor in America’s global influence. Did Democracy Cause the Recession That Led to the Constitution? Summary US citizens identify the country’s economy and democracy as their main source of national pride. During the great economic recession of 1780 s, all free American citizens believed that the thirteen states American legislature was responsible for providing a possible solution to the recession problem (Holton 445). However not all American citizens were conversant with the role of the assembly in relation to their control of supply of money and debt collection. At the same time, the Federalist accused the Lower House of Representatives for mismanaging taxpayer’s money. These accusations

Impact of engineering on natural and social environment Essay

Impact of engineering on natural and social environment - Essay Example This paper discusses some of these issues and focuses on the implications for natural and social environment. Technological growth has given rise to huge cities and many people from villages are moving towards cities looking for new opportunities. In earlier day’s people in the villages were comparatively more self-sufficient than when they reached the cities. For instance, farmers grew the necessary food for their family and the remaining was sold. Today, the agricultural technologies have entered the fields and have made this an expensive affair. Farmers are forced to buy seeds especially the genetically modified seeds [1], pesticides, synthetic fertilizers and machines. Besides, the land, water and atmosphere are contaminated with the over-use of chemical pesticides. In other words, these technological revolutions in the field of agriculture have made it an economical burden for the farmers and are becoming more and more unsustainable. The technological development has incr eased the gap between the rich and the poor. The benefit of technology is only for the rich people in the society [1]. Genetic engineering is another field that has resulted in serious changes in the natural environment. Genetic modification of plants and animals has raised several ethical questions. For instance, the use of transgenic flora for the preparation of vaccines is a recent research.

Science Adventures with Children’s Literature Essay Example for Free

Science Adventures with Children’s Literature Essay The goal of using a double entry journal strategy in a multicultural and diverse skill based student population brings in theory great benefit to all students. The chance to learn form fellow students that have diverse talents may lead to greater motivation for all students and the opportunity to have skills outside of reading and writing to be identified and valued in the classroom is another method to bring a sense of achievement to all students regardless of their literacy ability. The text demonstrates a dynamic system based on student group activities that allow the strengths of some students to be highlighted and to be a benefit to other students in the group while all students are active participants (text, pp 50 – 52). This approach is similar in theory to that discussed in Fredericks (1998 p 43) where teachers used group activities that included the procedure of writing a draft of the report, followed by discussion amongst the group and a final version of the report written by all members of the group. It was thought that this approach allows students of lower literacy to learn from the activities and from their fellow students in a buddy system (Fredericks, 1998 p 52). Another philosophy reviewed by Gambrell et al, 1995 p 119) highlighted the benefit of using a group setting with double entry journal writing to give all students a sense of achievement which can aid in raising their motivation for reading and writing. This paper (text, pp 50 – 51) provides an ideal system which has great relevance to my student teaching experiences in an inner New York City public school, first grade class setting which includes a multicultural student population and great diversity in literacy. The paper (text, p 52) demonstrated the need to manage potential behavioral problems quickly before they have a negative impact. From my experience this is perhaps one of the most difficult things to accomplish. Students frustrated by their lack of success with reading and writing often prove unpredictable in when their disruptive behavior may manifest itself. The use of students’ talents in a diverse way as discussed in the text (p 51) is similar to an experience I had in the classroom where a student who had profound reading difficulty showed a positive response to having her drawing skills praised in front of the rest of the class. The opportunities I have had to observe different classrooms which have applied the practical approach of double entry journal writing have found overall positive results for the students. The chance to revise and edit their writing in a group setting brought a sense of achievement to the highly skilled readers and writers in the group and allowed a non-threatening way in which the students with lower levels of achievement in reading and writing can learn from their fellow students. However, I also observed in an active class setting the disruption and complete failure of a lesson where problem behaviors by two of the students led to the lesson having to be abandoned. In this situation the freedom of the practical small group approach led to two students finding it difficult to stay focused on the task and this led to disruptive behaviors that made continuing with this type of lesson impossible for that teacher. This observation led me to realize that the early intervention of potential problem behaviors is critical to the success of group based activities. References Fredericks, A. D. (1998). Science Adventures with Children’s Literature: A Thematic Approach. Teacher Ideas Press, CT. Gambrell, L. B. , Mazzoni, A. and Almasi, J. F. (1995). Engaging Young Readers: Promoting Achievement and Motivation. Baker, L. , Dreher, M. J. and Guthrie, J. (Eds. ) Gulford Press, N. Y. Textbook Chapter 2: Diversity in the multicultural classroom. Pp 50-52.

Evaluation of Estella from Great Expectations Essay -- Great Expectatio

Evaluation of Estella from Great Expectations. Evaluation of Estella "The lady whom I had never seen before, lifted up her eyes and looked archly at me, and then I saw that the eyes were Estella's eyes." From this passage, I believe it is safe to infer that Pip notices a great change in Estella's appearance and the way she carries herself, once she comes back from finishing school, but is there really that much of a change in the rest of her? Although she may change her methods, she's still unemotional, she still takes orders from Miss Havisham, and she still leads Pip on. Speaking of leading Pip on, Estella leads Pip on. When Pip is at Miss Havisham's for the second time, Estella acts as if she likes Pip and does something very unlike herself. "There was a bright flush upon her face... she stepped back into the passage and beckoned me. 'Come here! You may kiss me if you like! I kissed her cheek as she turned it to me. I think I would have gone through a great deal to kiss her cheek. But, I felt that the kiss was given to the coarse common boy as a piece of money might have been, and that was worth nothing." (Page 93, paragraphs 2-4) As you can see Estella is definitely leading Pip on. Estella also leads Pip on in the second half of the book. She goes with Pip to balls and other parties. She also goes down to Miss Havisham's with him, but these things have no meaning.] As I just mentioned Pip and Estella go down to Miss Havisham's together. This is because; although she is grown-up Estella is still controlled by Miss H. What I'm saying is that Miss H makes them go (well not so much Pip; he just comes along for the ride). She also controls Estella in other ways. She makes her write notes ho... ...the book, but I've got more proof from the second half. At this part Pip tries to compliment Estella and she laughs right in his face. "'I live quite pleasantly there; at least-'It appeared to me that I was losing a chance. 'At least?' repeated Estella. 'As pleasantly as I could anywhere away from you.' 'You silly boy,' said Estella, quite composedly, 'how can you talk such nonsense?'" (Page 226, paragraphs 8-11) Hey, I don't know about anyone else, but I think that was pretty mean (although it wasn't the same kind of meanness that was in the first part). That's exactly what my paper's on. I think I've just proved that Estella is the same person throughout the whole book, but the kind of person she is changes (whether she's leading Pip on, being controlled by Miss Havisham, or being her mean ol' self). If I have then my mission was successful. Evaluation of Estella from Great Expectations Essay -- Great Expectatio Evaluation of Estella from Great Expectations. Evaluation of Estella "The lady whom I had never seen before, lifted up her eyes and looked archly at me, and then I saw that the eyes were Estella's eyes." From this passage, I believe it is safe to infer that Pip notices a great change in Estella's appearance and the way she carries herself, once she comes back from finishing school, but is there really that much of a change in the rest of her? Although she may change her methods, she's still unemotional, she still takes orders from Miss Havisham, and she still leads Pip on. Speaking of leading Pip on, Estella leads Pip on. When Pip is at Miss Havisham's for the second time, Estella acts as if she likes Pip and does something very unlike herself. "There was a bright flush upon her face... she stepped back into the passage and beckoned me. 'Come here! You may kiss me if you like! I kissed her cheek as she turned it to me. I think I would have gone through a great deal to kiss her cheek. But, I felt that the kiss was given to the coarse common boy as a piece of money might have been, and that was worth nothing." (Page 93, paragraphs 2-4) As you can see Estella is definitely leading Pip on. Estella also leads Pip on in the second half of the book. She goes with Pip to balls and other parties. She also goes down to Miss Havisham's with him, but these things have no meaning.] As I just mentioned Pip and Estella go down to Miss Havisham's together. This is because; although she is grown-up Estella is still controlled by Miss H. What I'm saying is that Miss H makes them go (well not so much Pip; he just comes along for the ride). She also controls Estella in other ways. She makes her write notes ho... ...the book, but I've got more proof from the second half. At this part Pip tries to compliment Estella and she laughs right in his face. "'I live quite pleasantly there; at least-'It appeared to me that I was losing a chance. 'At least?' repeated Estella. 'As pleasantly as I could anywhere away from you.' 'You silly boy,' said Estella, quite composedly, 'how can you talk such nonsense?'" (Page 226, paragraphs 8-11) Hey, I don't know about anyone else, but I think that was pretty mean (although it wasn't the same kind of meanness that was in the first part). That's exactly what my paper's on. I think I've just proved that Estella is the same person throughout the whole book, but the kind of person she is changes (whether she's leading Pip on, being controlled by Miss Havisham, or being her mean ol' self). If I have then my mission was successful.

Shangri-La Hotel

Shangri-La Hotels and Resorts – Overview Shangri-La Hotels and Resorts are renowned hotel management companies operating prominently in the Middle East. The hotel is considered as a status symbol for upper class people reflecting the privilege and honorable status in the society. The hotel provides facility of services which is suitable for both business travelers as well as for people traveling for leisure and on vacation.The first of Shangri-La hotels was found in Singapore in the year 1971 and now this Hong Kong based hotel chain has grown as one of the largest hotel management companies getting a number of awards and accolades. The hotel chain operates more than 49 high class hotels and resorts in key cities of Asia and the Middle East. The first venture of the hotel chain was established in Singapore by the Kuok Group which is a multinational conglomerate managed by Westin until the year 1983. The name of the chain was changed to Shangri-La International Hotel Management Limited in the year 1983.In the year 1989, the Company established a sister concern Traders Hotels in Beijing with the objective of meeting the demand from the business travelers at affordable prices. Shangri-La Asia bought the hotel chain in 1997, at which time the group was called Shangri-La Hotels & Resorts. The hotel chain is owned by Shangri-La Asia Limited, a Hong Kong based company. Shangri-La hotels and resorts is the subsidiary of Shangri-La Asia Limited and the shares of Shangri-La are listed in the Hong Kong Stock Exchange. The Kuok Group continues to hold the controlling interest in Shangri-La Asia Limited

Alcohol and Despair Depicted in Ernest Hemingways Short...

Throughout the short stories of Ernest Hemingway, alcohol inevitably lends its company to situations in which desperation already resides. In an examination of his earlier works, such as In Our Time, a comparison to later collections reveals the constant presence of alcohol where hopelessness prevails. The nature of the hopelessness, the desperation, changes from his earlier works to his later pieces, but its source remains the same: potential, or promise of the future causes a great deal of trepidation and lament throughout Hemingways pieces. Whether the desperation comes from trepidation or lament depends on the view point from which it is observed, or rather, experienced. In many of the works written early in his career,†¦show more content†¦In moving from the earlier stories of In Our Time to stories published in later collections, the shift in the attitude of the characters toward potential and promise becomes clear. Indian Camp in In Our Time, depicts Nick Adams a small boy, exposed to death for the first time. This story does not describe desperation nor does it include alcohol; rather, it demonstrates the promise held in the possibilities of life in Nicks final thoughts: In the early morning on the lake sitting in the stern of the boat with his father rowing, he felt quite sure that he would never die (Hemingway 95). Despite the events he witnesses in the camp, Nicks future seems boundless, as well as endless. Potential has no limits, and the pressures of fulfilling potential are, as yet, unknown to him. This first story in Hemingways first published collection serves as a fitting point of departure for the descriptions of desperation that follow; Nick is free from the weight of potential, and judging by his enjoyment of the idyllic setting that surrounds him, it seems that he looks forward to the promise of life. The Three-Day Blow offers the reader one of the first opportunities to observe the trepidation and fear of future potential. The story happens to feature Nick Adams, but as other stories are examined, different characters will also exhibit