Sienkiewicz V Greif free essay sample

From 1966 until 1984 she was an office worker at the defendants factory premises. The defendant manufactured steel drums and during the course of this process, asbestos dust was released into the factory atmosphere. Although Mrs Costello did not work on the factory floor, her duties took her all over the premises. In common with other inhabitants of the local area, however, she would also have been exposed to a low level of asbestos in the general atmosphere. Causation The general rule at common law is that a person suffering injury must show on the balance of probabilities that the defendants tort (most commonly negligence) caused the injury or condition. But for the defendants wrongdoing, the claimant would not have suffered the damage (this is sometimes called the but for test). There is an important exception to this rule. In the case of a divisible disease such as pneumoconiosis, the amount of dust  inhaled operates cumulatively to cause the disease and determine its severity. If exposure to the dust is partly due to the defendants negligence and partly not, the defendant will be liable to the extent that his breach of duty has materially contributed to the disease. If there is more than one defendant, liability can be apportioned. This approach, however, causes difficulties in mesothelioma claims because, unlike pneumoconiosis or asbestosis, mesothelioma is an indivisible disease. It is still uncertain whether its contraction or its severity can be  related to the amount of asbestos fibres ingested, or even which fibres triggered the disease. In Fairchild v Glenhaven [2003], the House of Lords (as it then was) recognised that, in a mesothelioma case where the claimant had been exposed to asbestos at different times while working for different employers, it would be impossible to satisfy the conventional but for test and prove which exposure was the cause of the disease. Consequently, the Law Lords created another exception to the normal causation rule. In mesothelioma cases, it would be enough for the claimant to show that a negligent exposure ad materially increased the risk of his developing the disease. In Barker v Corus [2006], the House of Lords went on to decide that, in cases where there had been successive negligent exposures, liability should be apportioned between defendants. Each employer would be liable for that proportion of the damage which represented his contribution to the risk that the employee would contract mesothelioma. Parliament, however, swiftly intervened to pass section 3 of the Compensation Act, which allows the claimant to obtain full compensation from any one of them. The section applies where (1) a person has negligently or in breach of statutory duty exposed the victim to asbestos and (2) the victim has contracted mesothelioma as a result of exposure to asbestos, but (3) it is not possible to determine with certainty whether it was this or another exposure which caused the disease and (4) the person in question is liable in tort whether by reason of having materially increased a risk or for any other reason.    The defendant in this case said that any negligent exposure to asbestos fibres while Mrs Costello was at work would have been minimal and far less than the environmental exposure, which was not negligent. It argued that the Fairchild exception did not apply because this was a single exposure– in other words, the defendant was the sole known source of occupational exposure to asbestos dust. In any event, the exposure was not material. According to the defendant, the appropriate causation test to apply was a doubles the risk test. Only if the occupational exposure could be shown to have at least doubled the risk of Mrs Costello contracting mesothelioma could the defendant be held liable. The judge at first instance agreed and concluded that Mrs Costellos exposure to asbestos at work increased the risk by only 18%. The claimant appealed, arguing that the judge had failed to apply the law correctly. The Court of Appeal judgment The Court of Appeal found that the proper test was whether the occupational exposure had materially increased the risk of contacting the disease. In its view, Fairchild effectively created a new tort limited to cases of mesothelioma the tort of negligently materially increasing the risk of injury. Section 3 of the Compensation Act made it law that, provided all four conditions were satisfied, causation could be proved by demonstrating that the defendant wrongfully materially increased the risk of the victim contracting mesothelioma. It did not matter whether the other exposure was negligent or non-negligent. The claimant could prove causation by any available method, including showing a material (i. e. ore than minimal) increase in risk. The defendant appealed. The Supreme Court judgment The Supreme Court unanimously dismissed the appeal. The Fairchild exception was developed for mesothelioma cases because of ignorance about the biological cause of the disease. Under it, a defendant is liable if it materially increases the risk of the claimant contracting mesothelioma. The same principle applies whether it is a case of single exposure or multiple exposure. The Court of Appeal, however, had misread the Compensation Act as creating a statutory rule of causation. Section 3 merely provides that, if a defendant negligently exposed the claimant to asbestos and the claimant contracts mesothelioma, the defendant would be liable in tort whether by reason of having materially increased a risk or for any other reason. Whether and in what circumstances liability attached to the defendant was still a matter for the common law. The Supreme Court, however, considered that the doubles the risk test put forward by the defendant was unsuitable as a test for causation in mesothelioma cases. The idea is borrowed from epidemiology, which is the study of the occurrence and distribution of events such as disease over human populations. If statistical evidence indicates that the wrongdoers act has more than doubled the risk that the victim would suffer the injury, the argument goes that it is more likely than not that the wrongdoer caused the injury. The Supreme Court concluded that, as long as medical science is unable to demonstrate the exact origin of mesothelioma, data relating incidence to exposure was not a satisfactory basis for making findings of liability. What constitutes a material increase in risk? Something more than minimal. But Lord Phillips said: I doubt whether it is ever possible to define in quantitative terms what for the purposes of the application of any principle of law is de minimis. This must be a question for the judge on the facts of the particular case.    He continued: In the case of mesothelioma, a stage must be reached at which, even allowing for the possibility that exposure to asbestos can have a cumulative effect, a particular exposure is too insignificant to be taken into account, having regard to the overall exposure that has taken place. This case involved low levels of exposure. But currently there is no known lower threshold of exposure that determines whether or not a person contracts the disease. In any event, the Supreme Court was satisfied that the exposure in this case materially increased Mrs Costellos risk of developing mesothelioma. Commentary The decision could  pave the way for claims by mesothelioma victims who have been exposed to levels of asbestos that, until now, might  have been considered too low to be actionable. The Supreme Court judges resisted any attempt to limit the applicability of the Fairchild exception or the Compensation Act to multiple exposure mesothelioma cases. As Lord Phillips commented: The 2006 Act, coupled with Fairchild, has draconian consequences for an employer who has been responsible for only a small proportion of the overall exposure of a claimant to asbestos dust, or his insurers, but it would be wrong to have regard to that fact when considering the issues raised by these appeals. Parliament has willed it so. Comments made by some members of the Supreme Court, however, questioned the wisdom of creating special causation rules, even for such a disease as mesothelioma. Lord Brown doubted whether special treatment could be justified. Although [†¦] mesothelioma claims must now be considered from the defendants standpoint a lost cause, there is in my mind a lesson to be learned from losing it: the law tempers with but for test of causation at its peril. Lord Rodger looked forward to a day when medical science can identify which fibre or fibres caused the disease, at which point the problem that gave rise to the Fairchild exception will have ceased to exist.

Sybil reaction free essay sample

My reaction to the movie was that I was quite shocked actually how different DID is in the movie than what I originally expected the disorder to look like. I never knew that the transitions into each different personality was so quick and sudden, and I was always under the impression that individuals with DID could remember what happened while they are another personality. When I watched the movie, I tried to picture Sybil as a loved one, tried to imagine what it would be like if a family member or my girlfriend had this disorder in order for me to understand better how hard it would be. I learned a couple more things as well. I learned that there is no limit to how many personalities an individual can have with DID, and I also learned that certain personalities reside from childhood and earlier life experiences. I’ve seen movies or TV shows before that dealt with a person having DID before, but I was always under the impression that it was only one other personality that controlled you. We will write a custom essay sample on Sybil reaction or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page As I was watching Sybil, and I saw that she was being controlled by multiple personalities it really opened my eyes and I realized that this disorder is more complex and more messed up than I had thought it was. I had also never realized that these personalities came from life experiences. Previously I had thought that DID was genetic, and that people with DID were doomed from the start but that is not at all the case, and I now know that DID is preventable, but also impossible to detect before it happens. My mind was completely blown by this video and my perspective on this disorder is completely different. I definitely feel that I have learned a lot from this movie, and I know now that

Gandhi vs. King essays

Gandhi vs. King essays Mohandas Gandhi and Martin Luther King Jr. were civil right activists who took a form of action to obtain equal rights amongst their society. Gandhi moved to South Africa in 1893 to serve the Indian population after failing to establish a legal practice in Bombay. Subsequent to moving to South Africa, he recognized many laws that discriminated against Indians and initiated a change by taking action. Gandhi developed his theory of satyagraba (soul force), which implicates social justice through love as well as suffering the consequences. After meeting with a group of Indian nationalists he wrote down his theories in a pamphlet called Hind Swarf or Indian Home Rule. Martin Luther King Jr. did a non-violent campaign in Birmingham Alabama. Birmingham was one of the few cities where the fourth step in Kings non-violent campaign theory called direct action was necessary. Unfortunately, King was jailed on April 12-20, 1963 for violating a court injunction by leading a protest march in Birmingham. While King was in jail, eight Alabama clergymen published a statement criticizing the use of direct action and referred to this approach as unwise and untimely. While incarcerated, King politely responded to their statement in a letter titled Letter from Birmingham City Jail. Martin Luther King Jr. and Mohandas Gandhi developed theories that linked to a system that surpassed governmental laws. King and Gandhi had educational as well as logical reasoning for taking each approach towards unjust laws. Mohandas Gandhi based his document on defining the true meaning of civilization where as Martin Luther King Jr. based his document on recognizing the reason he wanted to cease injustice. Both Gandhi and King discussed reasons regarding the use of non-violent actions to fight for their rights. Gandhi differentiates the definition the word civilization...

How to Pay Someone a Compliment in English

How to Pay Someone a Compliment in English One of the nicest things you can do in any language is to compliment someone. You might want to compliment someone on what they did, how they look or what they have. Here are forms and phrases to compliment others in English. The examples below are arranged  into complimenting ability, complimenting looks, and complimenting possessions in both formal and informal situations. Complimenting Ability Use these phrases to compliment someone on an ability they have. If youd like to learn something from the person about his/her ability, start with a compliment. The person will probably help you learn more and be happy to talk about how to do it. Formal If you dont mind my saying, you are a(n) excellent/outstanding/superb (noun phrase)I must say you really know how to (verb)You are a fine (noun phrase)What a(n) excellent/outstanding/superb (noun phrase) you are!I admire your ability to (verb) Mr. Smith, if you dont mind my saying, you are an excellent public speaker.I must say you really know how to paint.I admire your ability to think on your feet. Informal Youre great at (verb ing)You can really (verb)  Wow, I wish I could (verb) as well as you!Youre an amazing/awesome/incredible (noun phrase) Wow! Youre great at skiing!You can really cook. This is amazing food!Youre an awesome student. Complimenting Looks Use these phrases to compliment someone on how they look. This section is divided into two categories: for women and for men. Its important to use the right language for the situation. If you pay someone a compliment on their looks in the wrong way, its possible that your compliment will not be accepted. Formal Notice how we ask permission to pay compliments on good looks in formal English. This is to ensure that no one gets the wrong idea about your intention. May I be so bold as to compliment your (dress/hair/outfit/etc.)?You are looking beautiful/handsome today.May I pay you a compliment? You really look beautiful/handsome/elegant/etc. today.I hope you dont mind, but you are looking beautiful/handsome today. Ms. Anders, may I be so bold as to compliment you on your dress?I hope you dont mind, but I just had to say how wonderful you look today.May I pay you a compliment, Mary? You really look fantastic today. Informal You look great today!Excuse me, are you a model?I really love your (dress/hair/outfit/etc.).What a beautiful (dress/shirt/blouse/haircut/etc.)! Wow, you look great today! Did you do something different?Sherry, what a beautiful dress!I really love your haircut. It makes you look like a movie star. ComplimentingPossessions Use these phrases to compliment someone on something they have. People are often proud of their possessions, especially major objects such as a house, a car, or even a stereo system. Complimenting someone on a nice possession is a good way to make small talk.   Formal I couldnt help but notice your (noun phrase)  What a lovely (noun) you have!You have such a wonderful / lovely / beautiful home / house / apartment / living room / etc.I have to admit Im jealous of your (noun phrase) Tom, I couldnt help but notice your Mercedes. Its a beauty!I have to admit Im jealous of your lovely garden.You have such a cozy home.   Informal Nice (noun phrase)I like your (noun phrase)Thats nice / pretty / beautiful.Cudos on the (noun phrase) dude. Nice car! Is it yours?Cudos on the computer dude. Where did you get it?Do you like my sweater? - Thats nice! Example 1: Ability Gary: Hi Tim. Great round today.Tim: Thanks, Gary. Gary: You can really hit the golf ball.Tim: Youre much too kind. Gary: No really. I wish I could drive as well as you.Tim: Well, take a few lessons. Itll happen. Gary: Ive thought about it. Do you really think it helps?Tim: I used to have a horrible drive. Try a lesson, its worth the price. Example 2: Looks Ms. Smith: Good morning Ms. Anders. How are you today?Mr. Anders: Fine, thank you. And you? Ms. Smith: Im very well. Thank you for asking.Mr. Anders: Ms. Smith, I hope you dont mind, but you are looking very well today. Ms. Smith: Thank you, Mr. Smith. Thats kind of you to say so.Mr. Anders: Yes, well, have a good day Ms. Smith. Ms. Smith: Will I see you at the meeting at 3?Mr. Anders: Yes, Ill be there.   Example 3: Possessions Anna: Thanks for inviting us over for dinner this weekend.Margaret: My pleasure, come right in. Anna: What a lovely home you have! I love the furniture.Margaret: Thank you. We like to call it home. Its cozy. Anna: You have such exquisite taste in decor.Margaret: Now you are exaggerating! Anna: No, really,  its so beautiful.Margaret: Thank you. Youre very kind.

Treasury and risk management Essay Example | Topics and Well Written Essays - 1000 words

Treasury and risk management - Essay Example Therefore, China is pursuing a weak currency policy in order to boost demand for Chinese exports. The large current account surplus in China is the indication that China’s currency is undervalued (Pettinger, 2011, p.1). The reason behind holding the value of Yuan is to compensate for its economic weakness. Its weak currency policy makes Chinese goods cheap compared with those of global competitors in Europe and Japan for instance. Since 1996, China has maintained a same fixed exchange rate resulting in an enormous increase in foreign exchange reserves. This enormous increase will be fuelled by Yuan that is estimated to be undervalued against the dollar. The benefit which it is getting by holding the value of Yuan is that it is selling more goods in foreign countries i.e. trade surplus (Cohen, p.1). Another benefit is that its capital market is becoming attractive to investors. If the successful internationalization of the Yuan will be possible then it will also be the internat ional currency (Cohen, 2011, p.1). Evidence Suggesting Weak Currency Policy of China It has undervalued the price of its currencies in order to keep its currency policy weak in order to boost export and enjoy trade surplus. Its weak currency policy in relation to US Dollar enables them to buy dollar from the open market in order to keep the demand for dollars high. It drives the dollar price upward in relation to Yuan. The large account surplus in China is the evidence for its weak currency policy (Cksd, 2012, p.77). There are some negative aspects towards the weak currency policy of China. By depending more on exports and foreign direct investment inflows made China particularly weak towards the effects of the global economic slowdown. A weak currency policy i.e. undervalued currency makes import more expensive, thereby throbbing Chinese firms that import raw materials and machinery (Morrison and Labonte, 2011, p.22). A huge rise in China’s foreign exchange reserves in recen t years is also the evidence that the Chinese Government has been holding its currency down in order to make weak currency policy (Shapiro, 2009, p.85). Relationship between Yuan Appreciation and Dollar Depreciation Currently imports from China accounted for about 10% of total U.S. imports. In June 2010, the value of Yuan was 6.79 to the dollar. In 2012 China allow the Yuan to trade in a daily range against the U.S. dollar. Soon it was announced that Yuan’s new trading band against the dollar will allow the exchange rates to move 1% above or below a daily reference exchange rates (Fung and Hong, 2012). Therefore a 25% appreciation of Yuan would be equivalent to 20% dollar depreciation. Such depreciation will result in stemming America’s appetite for foreign goods. If Yuan value appreciates, it will cause deflation, cut off foreign direct investment and cut economic growth. If these things will happen, prices will skyrocket preventing the consumers to buy the stuff in C hina, and the Chinese economies would break up to a halt. On the other hand, it will lead to the more export of U.S goods. The other country will have money and reserves to buy America’

Competitive Strategies & Government Policies Essay

Competitive Strategies & Government Policies - Essay Example This involves marketing and supply of suitable, vehicles and motorbikes. The provisions only allow marketing of standard products that influence the increase in demand (Gallagher, 2006). The second category is safety; it inspects the general environmental safety of automobile industries. The policy checks if the rule regarding safety to employees are complied. The safety rules also affect the restriction to mergers and trade policies. The safety of surrounding public is also considered to ensure pollution doesn’t affect their living. Another regulation is information; it regulates advertising restrictions, standard identity and classes of vehicles in terms of prices. The information directly affects consumers because they are enlightened on their rights and are protected by consumer act. All these rules guide the performance of automobile industry during their operation (Gallagher, 2006). The government imposes taxes. The taxes help the government to regulate the foreign exchange and ensure equity in the automobile industry. Taxes help the industry to be independent so that it can grow. The percentage of tariffs is always deducted from exports. The tariff becomes government income. The taxes are imposed on imports to control dumping in a foreign country. Different tax laws provide clearance system that includes tax deduction to support domestic industries get

Part Time Job Influenced Students Study Essay Example for Free

Part Time Job Influenced Students Study Essay The prevalence of secondary school students working part-time is linked to economic cycles: when there is an economic upturn, more students work; when economies are depressed, fewer work. Most students who work do so in low-paying service, clerical, or sales jobs, with some evidence that proportionately more students from middle-class families work than students from either poor or wealthy families. There appears to be a general view that there is a connection between working more than 15 to 20 hours per week and reduced school success in terms of academic achievement, as well as an increased risk of dropping out of school. However, it is not clear whether increased work causes the problems, or whether academic failure leads more students who are failing to increase their work hours. Literature Review A range of literature has been reviewed and some details from this literature are shared below. The prevalence of work It is not clear what proportion of students work, but in a (U. S. ) study of 21,000 senior high school students, 75% were working part-time for an average of 16. 4 hours a week (Gordon, 1985). The study found that working was related to a need for immediate income and to a lack of interest in school. In Canada, 40% of teenagers aged 15 to 19 had jobs in 1993, but these data include full-time summer jobs (Canadian Social Trends, Winter, 1994). B. C. teenagers are more likely to be employed than teenagers in Ontario, Quebec, or the Atlantic provinces, with 44% employed in B. C. Slightly higher teenage-employment rates than B. C. ’s were reported in Manitoba, Saskatchewan, and Alberta. When only part-time work is considered, 72% of those employed worked part-time. 3% of full-time Canadian students aged 15 to 19 worked during the school year. The Statistics Canada (StatsCan) data reported in Canadian Social Trends appear low in comparison to other data, but one possible explanation may be the differentiation between full- and part-time students, a difference not always clarified in some reports. Bernier (1995), using Canadian Labour Force data, found that 40% of Canadian full-time students participated in the labour force, compared to 77% of part-time students. There may be considerable differences across socio-economic groups, though there is little firm data to support this: Lawton (1992) states that middle-class students are more likely to work than either lower- or upper-class students. Lawton also indicates that about two-thirds of students in senior grades hold part-time jobs, findings closer to Gordon’s study than to the data supplied by StatsCan. The effect of working part-time on students’ academic achievement Most research shows that there is a detrimental effect on achievement if secondary students work for over 15 hours a week (Stern, 1997). Such students have lower grades, do less homework, are more likely to drop out, and are less likely to enter post-secondary education. Those students who work fewer hours suffer fewer negative consequences. These finding are supported by a Toronto study (Cheng, 1995), and are similar to StatsCan data (Canadian Social Trends, 1994), which show that students who worked fewer than 20 hours a week had much lower dropout rates than those who worked for more than 20 hours a week. There were startling differences between males who worked fewer than 20 hours (16% dropout rate), and those who worked longer than 20 hours (33% dropout rate), although the highest female dropout rates (22%) occurred among females who did not work at all while at school. There is one important caveat to the link between part-time work and marks: there is mixed evidence as to whether marks decline because students work more, or whether students whose marks are declining choose to work more. However, Singh (1998) in a study which factored in socio-economic status and revious achievement, stated that the more hours worked, the greater the negative effects on student achievement. The consequences for younger students working longer hours could be more severe than for older students (Barone, 1993). Many students who work find some problems balancing school and work demands (Worley, 1995). Many who work part-time have limited participation in extra-curricular activities (Hope, 1990). The effect of working part-time on students’ overall well-being Stern (1997) and Cheng (1995) both state that students derive benefits from working, as long as the hours are below 15 per week. Stern identifies a benefit to future earning potential and a more positive attitude to work formed while working or during work experience at school. These findings are also supported by Canadian data. However, Lawton (1992) argues that those who support this argument also tend to support a vocational rather than a liberal view of education. Greenberger and Steinberg (1986), in an analysis of psycho-social aspects of working high-school students, concluded that it may make them academically rich but psychologically poor. They also argued that instead of instilling good work habits, many students who worked part-time learned how to cheat, steal, and deal with boring work. Mortimer (1993) found no evidence to support the claim that working long hours fostered smoking or increased school behaviour problems, but there was evidence of increased alcohol consumption. Other studies, however, have found increased drug and alcohol use, and higher rates of delinquency associated with higher num ber of hours worked by students. A 1991 Oregon Task Force found the numbers of 16- and 17-year-olds who were working to have increased in recent years. Jobs were often low-paying, unfulfilling, and offered little in the way of educational value or preparation for adult work. Canadian data suggest that trends in teenage employment are linked to economic cycles, with numbers rising and falling with buoyant or depressed economies. Most Canadian students (69%) work in service, clerical, or sales industries, with more females (84%) than males (57%) in these industries. Four times the number of males (16%) compared to females (4%) were employed in construction. Research also indicates that too many hours of work for teenagers increases fatigue and may cause lower academic performance. Carskadon (1999) describes changing sleep patterns during adolescence and discusses the influence of employment on sleep patterns. She found that students working 20 or more hours reported later bedtimes, shorter sleep times, more frequent episodes of falling asleep in school, and more late arrivals in school. An article in the American Federation of Teachers’ publication, American Teacher (February 1999), cited a report produced by the (U.  S. ) National Research Council (NRC) and the Institute of Medicine (IOM) which provided evidence of what it claims is an underestimate of 70 documented deaths of children and adolescents as a result of injuries at work, and 100,000 young people seeking treatment in hospital emergency wards as a result of work-related injuries. Based on these data, a committee established by the NRC/IOM is calling for Congress to a uthorize limits to the number of hours worked per day by teenagers, and to regulate teenagers’ work start-and finish-times on school nights.