Friday, January 24, 2020
neon Essay -- essays research papers
Did you know that neon is a Greek word that means "new"? Neon is the element that I am most interested in. I chose to do neon because I found out what many uses it has in our daily life. Neon is the element that allows you to watch TV. Without neon we would never see the cool flashing signs outside of diners and bars. In my essay I am going to tell you about neon and its many uses. First, I'm going to tell you about the history and uses of neon. Neon was discovered by Sir William Ramsay, a Scottish chemist, and Morris M. Travers, an English chemist, shortly after their discovery of the element krypton in 1898. Neon is one of the most amusing elements used today. Neon mixed with some other elements can make a bright light in an enclosed tube. This is mostly used in advertising signs (figure A) (A blue or green coloration in the discharge can be done by adding a little mercury to the neon in the discharge tube), but when used in a different mixture of molecules it can make the figures on your TV (figure B). Neon is also used in High voltage indicators (figure C) and neon-helium laser pointers (figure D). Now I?m going to give you the chemical breakdown of neon. Neon?s atomic number is #10. Neon has 10 protons, 10 neutrons, and 10 electrons. It belongs to the Noble Gas section of the periodic table. Its atomic mass is 20.1797. All the noble gases have the maximum number of electrons possible in their outer shell making them stable and un...
Thursday, January 16, 2020
Discuss of the Significance and Recent Trends in Operations Management
Operations management is an area of business concerned with the production of goods and services, and involves the responsibility of ensuring that business operations are efficient in terms of using as little resource as needed, and effective in terms of meeting customer requirements. It is concerned with managing the process that converts inputs (in the forms of materials, labor and energy) into outputs (in the form of goods and services).Significance and recent trends in operations managementOperations traditionally refers to the production of goods and services separately,although the distinction between these two main types of operations is increasingly difficult to make as manufacturers tend to merge product and service offerings. More generally, Operations Management aims to increase the content of value-added activities in any given process.Fundamentally, these value-adding creative activities should be aligned with market opportunity (see Marketing) for optimal enterprise per formance to be able produce professional managers capable of fulfilling strategic roles within business and government enterprises the need for the practice of operations management cannot be forgone. Operations management is very important in business operations since it forms the heart of the organisation by controlling the system of operation. Operations management deals with the design, operation, and improvement of the systems that create and deliver a firmââ¬â¢s primary products and services.Like marketing and finance, operations management is a functional field of business with clear management responsibilities. Guinness Ghana limited is a company in which produces alcoholic and nonalcoholic beverages such as Guinness and Malta Guinness respectively.The effect of the global economic crisis has been profound on the UK business sector. As a result, a new generation of entrepreneurs and business owners looks set to emerge ââ¬â and many individuals who found themselves lea ving college within the last decade will soon be seen to embark on careers which demand a significant degree of managerial skill.Subsequently, operations management has developed as a specialist subject of study on many management courses ââ¬â but how does it differ fromà other more well-known aspects of business such as sales management and project management? And what is its importance to business today?In the simplest terms, operations management is different because its primary concern is usually the efficiency of the production or delivery of goods or services within a company. Consequently, an operations manager will typically need to manage the amount of resources ââ¬â for example, materials or labor ââ¬â needed for the desired output.In more depth, those eager to study operations management on any one of many management courses in the UK and US will quickly learn of the diversity of, and complexities within, the field.The focus on such modules will usually cove r:facilities ââ¬â including the planning and management of their location, analyses of production methods in order to ensure output is achieved with as little resource as possible, as well as issues with quality control and the risk of error.The importance of operations management today is therefore quite easy to see,even if not necessarily in reference to the subject as an entire job description, but instead referring to the skills useful to anyone in a managerial position.Indeed, with the growth of smaller companies ââ¬â especially within the digital and media sectors -the latter is more significant.Increasingly, the trend among 21st Century industries is to offer both product sand services, such as specialist programmes and tools alongside consultancy, in an effort for businesses to differentiate themselves and to offer more to prospective clients. Those with operations management skills will therefore be more prepared for differentiation between planning, control and del ivery of either products or services.Recent Trends In operations managementGlobal Competition Operations Strategy Flexibility Cycle Time Reduction Business Process Re-engineering Supply Chain Management Workers Involvement TQM Lean ManufacturingRe-engineering etc. Organizations must improve their products as well as productivity to retain their market share. The long-term success of an organization requires investments in technology because new technologies can improve efficiency and productivity. In this chapter, we discussed how organizations can benefit from automation. Some of the recent technological developments in the field of operations management, which include computer-aided design (CAD), direct and indirect computer-aided manufacturing (CAM), flexible manufacturing system (FMS), and computer integrated manufacturing (CIM) were discussed in the chapter.Computer Aided Design (CAD) is used for designing products and processes on a computer terminal. Computer systems assist i n the creation, modification, analysis and optimization of a design. In Computer Aided Manufacturing (CAM), computers are used either directly to control the processing equipment, or indirectly to support manufacturing operations. Automated machines usually perform a variety of operations, depending on the instructions received from the computer with respect to the sequence and operational specifications of a process.FMS is a form of flexible automation in which several machine tools are linked to the materials-handling system. A centralà computer controls all aspects of the system. CIM refers to a computer application that connects various computerized systems into a single multi-functional system. Another development in the field of technology is artificial intelligence (AI). AI enables computers to exhibit some of the characteristics of human intelligence, like the capacity for learning, understanding language,reasoning and problem solving.EDI is a system, wherein standardized forms of electronic documents are transferred between two computer systems. Customers and suppliers or departments within the same organization can share and transmit information electronically in real time using EDI
Wednesday, January 8, 2020
Equity trusts on the three certainties Free Essay Example, 1500 words
If any of the three certainties is absence, then it is considered that there is no trust among the parties. Based on the Testator Thomas will that he left to his sister Rebecca, it is possible to determine whether the there was trust in each of the four settlements in the will. They have been labelled a, b, c and d by evaluating whether the elements/principles of trust exist3. a). In the first statement of Testator Thomas will leave to his sister Rebecca, it can be that Thomas left collection of antique violins to Richard, his elder brother who had to pass them to Thomas nieces. In this will, it can be seen that the three elements of trust exist. Firstly, Thomas has portrayed an intention to establish trust by writing a will and leaving it to Rebecca as his executor. The purpose can be seen in his statement when he assert that he had left his antique violins collections to his elder brother Richard who is supposed to pass them to Thomas, nieces. The language used, in this case, indicates that there was an intention to create trust. We will write a custom essay sample on Equity & trusts on the three certainties or any topic specifically for you Only $17.96 $11.86/pageorder now The facts may be seen in the case of Paul v Constance. In the case, Mr. Constance had just undergone through a broken marriage and decides to elope with Ms. Paul though they had not yet officially married. A few months after the elopement, Mr. Constance broke his leg. He was compensated for 950 pound and put the money in the joint account. However, before the death of Mr. Constance it was asserted by Ms. Paul that his money was their money. The court decided that the words used by Mr. Constance amount to the establishment of trust and, therefore, Ms. Paul was entitled to Mr. Constance money. The phrase money, as utilized by Mr. Constance in the case, was enough evidence to indicate the existence of the trust. In the same manner, there was as in the Mr. Constancy case the phrase complete confidences as used by Mr. Thomas implies there was an intention to create trust4. The other certainty that indicate trust was present in Mr. Thomas will be the object. The object under consideration in the first stamen of Mr. Thomas will be the Antique Violins collections that he left to his brother Richard who was supposed to pass them to his nieces. In this case, fixed trust kind of trust may be observed. The testator has chosen a certain type of people to give a certain proportion of his property to the beneficiaries, nieces. The presence of the object in Mr. Thomas case is supported by the case of IRC v Broadway cottage. In addition, there was the presence of the subject, nieces who were to inherit Thomas property as described in the will5.
Tuesday, December 31, 2019
The Invention Of Film And Media Productions - 940 Words
Technology, prior to the mid 1800s was not yet advanced which was a major factor contributing to the inaccessibility of theater entertainment and the difficulty of disseminating new ideas. However, this changed with the invention of film and digital media. Film has positively impacted the world and more specifically the dance world in various ways. Both concert and social dances are popularized through exposure in film and media productions. Photographers were intrigued with the idea of reproducing human movement and began experimenting with the concept of ââ¬Ëmoving pictures.ââ¬â¢ The photographersââ¬â¢ goal was to find a way to capture movements, which inspired the invention of film. Success came in the 1890s, when the first short motion picture was created. This motion picture did not incorporate detail, a plot, story, or sound, however it was still a step forward. This small triumph catalyzed a three phase movie era. This era would not only change the film industry; but the dance industry as well. The first phase of the movie era took place between 1890 and 1900. Movement continued to be manipulated by photographers as they attempted to find new and improved ways to recreate motion on screens. While several more short motion pictures were produced, no major advancements were made until the next phase of the movie era. Each advancement in the film industry aided the eventual reproduction of full length dance pieces on screens. The second phase of the movie era began aroundShow MoreRelatedThe Evolution And Importance Of Sound1434 Words à |à 6 PagesImportance of Sound in Media Sound has accompanied performances and visual entertainment all throughout history, and more recently, with interactive media in video games. Sound is an integral part of the user experience and helps solidify immersion and realism. With the rapid increase of visual fidelity in film/television, and the rapid growth of graphical power in video games and animation, sound plays a more important role than ever. In these visual and interactive medias, the image you see isRead MoreImpact of Indian Cinema1090 Words à |à 5 Pagesmost powerful form of Mass Media since the day it was introduced to the world. The Lumiere Brothers who invented the ââ¬Ë Cinematographââ¬â¢ ( a compact and portable device which with a few adjustments could be used as a projector , camera or a printing machine) declared that the cinema is an invention without a future. The primitive form of cinema were ââ¬Ë living photographic picturesââ¬â¢ which attempted to produce reality. If Cinema in reality was considered to be an invention without a future, it wouldnââ¬â¢tRead MoreThe Rise and Fall of Kodak Company1655 Words à |à 7 Pages 2 The Kodak Company was founded by George Eastman, an America who was so attracted to still photography and cameras. He saw the Still camera as a fabulous invention, though with reservation that it does need to be modify. According to Eastman, the cameras at his time was bulky, heavy, and not user friendly to the average person; in 1879 he left the United States for London to establish a company that would inculcateRead MoreA Brief History of the Film Industry1268 Words à |à 5 PagesFilm industry is a group of factors that lead to moviemaking. The first idea of film was a picture, moreover pictures that moving in a certain way to look like a movie. The French Lumiere Brothers are the first hand of making the new modern film industry. In the beginning the films were with no technology, its lack of sound and colors, and itââ¬â¢s only for seconds. Then in the beginning of 1900c the narratives came to the movies and it developed to be recorded onto plastic film and shown by a movieR ead MoreFilm : The Stage Of Innovation1296 Words à |à 6 PagesEvery media goes through a life cycle starting in innovation. Film has been around since the 1800s and now, in 2015, it is in its adaptation stage. Like many other markets of media, film peaked when it was making the most money and everyoneââ¬â¢s attention was on it and eventually declined when a new media became popular. From being completely new and innovative to repetitive and niche-oriented, the art of film has lasted over 100 years. During the mid to late years of the 19th century, a new form ofRead MoreFilm : The Stage Of Innovation1067 Words à |à 5 PagesDuring the mid to late years of the 19th century, a new form of entertainment emerged. Film entered the stage of innovation. New marketing and technological innovations developed for film to become the art it is today. In the 1830s, Joseph Plateau designed the Phenakistoscope. This device had a picture in the middle of a wheel made with mirrors and small openings. When spun, the Phenakistoscope made the picture appear to move. The name changed to Zoetrope in the 1860s and producers advertised theRead MoreThe Music Of Music Videos Essay1714 Words à |à 7 PagesMusic composed for television generate another realm of modes and codes that differ even from the coding within film. Television has the opportunity to utilise music as an instrument for supporting narratives within television series and as means for marketing through commercials. Blaine Allan, explo res the relationship between music and television within his journal article, Music Cinema, Music Video, Music Television. The main focal point of this resource is the function of visual aspects withinRead MoreRise of Photography in the World of Art Essay1431 Words à |à 6 PagesNicà ©phore Nià ©pce, invented the first camera and printed the first photograph on paper he is also credited with taking the first photograph1, but he wasnââ¬â¢t the only one working on this new invention, there were many others during this time period inventing different parts and making the camera better with each invention. It took time and many different inventors over years to create a process where they could turn a negative into a photo. By the late 1800ââ¬â¢s photography was rising in popularity due toRead MoreThe Impact of Hollywood in American Society1568 Words à |à 6 PagesEdisonââ¬â¢s original invention the kinetoscope. In April of 1896, the two men unveiled their vitascope and presented the first motion pictures on the public screen in the United States. (SOURCE) This was the great start of Hollywood. Many extraordinary producers and filmmakers began moving to Hollywood to seize this opportunity. With a new and improved invention of the kinetoscope, they no longer had copyright problems because of Thomas Edison and could finally bring their great films to life.Read MoreThe Correlation of Film and Television Essay1499 Words à |à 6 PagesFilm and television have become a major medium for information distribution across the world. According to Berger (2008), ââ¬Å"Images generally are visual, often are mediatedââ¬âcarried by the mass mediaââ¬âand are connected to information, values, beliefs, attitudes, and ideas people haveâ⬠(Seeing Is Believing, p. 61). Although film and television are in themselves separate mediums, they correlate with each other and have many similarities History of Film The first device to record and watch film, called
Monday, December 23, 2019
The Acquisition Of Language And Speech Development
The acquisition of language and speech development takes place over a period from birth to around three years of age and in early childhood from the ages of four to six. The development is quick and passes through similar stages in all children not depending on the language that you acquire. The process of language development is therefore universal, namely the development of sounds to words and grammar of the language (Bates and Goodman, 2001). Critical periods of individual development stages vary but most often with only a few months term temporal intervals (Bates and Goodman, 2001; Crain and Lillo-Martin 1999). Reynell J. (1977) separated three essential components of language expression: vocabulary, grammatical structure and content. The development of all three components are intertwined in the process of children s language acquisition. Language development often proves difficult. When talking about speech disorders, the child deviates from the others in such a way to attract the attention of the listener in a sense of his manner of speaking, but not the content. Speech disorders may be biologically or functionally driven. What is meant with biological speech disorders is when the disorder is caused by an injury, illness or deficiency of speech mechanism. In other cases, there are functionally related interferences. In the pre-school period the most frequent are the following speech disorders: babbling and stuttering, less frequently we observe delayed speechShow MoreRelatedLanguage Acquisition1336 Words à |à 6 PagesRefer the theories of language acquisition (Behaviorist theories, nativist theories and interactionist theories) and write an evaluation of them.Consider the stages of language acquisition in the evaluation of these theories. Human language development is a huge debate between Nature Vs Nurture within theorists of various fields in psychology.There are three major schools of thought that will be mainly focused on; behaviourist, nativist (rationalist)Read MoreFactors that Promote Rapid Language Learning in Children?1406 Words à |à 6 PagesAccording to Chomsky (1972), language acquisition is one of the exclusive characteristics of human beings and is known as the jewel in the crown of cognition (Pinker, 1994). It is well known that other species on earth have communication system also, but differ substantially in their qualities from human communication. Several attempts have been made to teach apes to speak (Allen Gardner, 1969; Savage-Rumbaugh, Sevcik, Hopkins, 1988), but language acquisition is a mystery of human beings, itRead MoreHow Do Humans Acquire Language?1332 Words à |à 6 PagesDo Humans Acquire Language? Humans live in a world full of communication. Humans possess a native language that separates them from other animals. Language is developed within the first few years of a person s life. By the time one is a child; he can speak and understand almost as well as an adult. Children world-wide exhibit similar patterns of language acquisition even though they may be learning different languages. How humans learn even the most complicated languages has perplexed theRead MoreEssay about How Do Humans Acquire Language?1294 Words à |à 6 PagesAcquire Language? nbsp;nbsp;nbsp;nbsp;nbsp;Humans live in a world full of communication. Humans possess a native language that separates them from other animals. Language is developed within the first few years of a personââ¬â¢s life. By the time one is a child; he can speak and understand almost as well as an adult. Children world-wide exhibit similar patterns of language acquisition even though they may be learning different languages. How humans learn even the most complicated languages has perplexedRead MoreEssay Infant Language Development 1662 Words à |à 7 PagesLanguage is a communicative system of words and symbols unique to humans. The origins of language are still a mystery as fossil remains cannot speak. However, the rudiments of language can be inferred through studying linguistic development in children and the cognitive and communicative abilities of primates as discussed by Bridgeman (2003). This essay illustrates the skills infants have that will eventually help them to acquire l anguage. The topics covered are firstly, the biological aspects, theRead MoreThe Stages Of First Language Acquisition1381 Words à |à 6 PagesFirst language acquisition means the development of children language in natural environment. First language acquisition could be bilingual or monolingual. Bilingual first language acquisition means children from birth acquire two languages at the same time such as child who has parents from different nationality (Houwer,2009). In contract, monolingual means the development of single language. However, several studies have documented the development of first language acquisition into stages whichRead MoreChildren Learning Language Through Imitation Essay1077 Words à |à 5 PagesChildren Learning Language Through Imitation In this essay I intend on studying child language acquisition not only through imitation, but innateness, intellectual development and input also. This is a relatively new area of language research, which has very few definite answers or rules that can be applied invariably. This is why I believe that it is best to look at all the main aspects of how we learn to talk, in order to gain a greater perspective of the theorysRead MoreChild Directed Speech Essay833 Words à |à 4 PagesChild Directed Speech What is Child Directed Speech? It is the theory of language development of young children aged between 1 year old and 4 years old. There are three key features in the development of child speech: Phonological: Ãâà · Speak slower, clearer pronunciation Ãâà · More pauses, especially between phrases and sentences Ãâà · Higher pitch Ãâà · Exaggerated intonation and stress Lexis: Ãâà · Simpler, more restricted vocabulary Ãâà · DiminutiveRead MoreThe Effects Of Social Context On Language Acquisition1273 Words à |à 6 PagesLanguage can be defined as a system of symbols and rules that allow for communication to occur (Harley, 2008). Language is a vital component to our lives. It allows for each one of us to be able to express our emotions, it dominates our thoughts and it is a way to be able to express our own unique identity (Harley, 2008). The critical age hypothesis postulates that for a child to acquire language, it will need to be learnt during the critical period otherwise it will never fully be learnt (HarleyRead MoreThe Importance Of Language On Deaf Children1582 Words à |à 7 PagesDeaf and Muted In every facet of life, language plays a critical role. Virginia Frazier-Maiwald describes the significance of language saying, Language is the glue that allows us to establish and maintain our relationships. It is the way in which we transmit our most intimate thoughts and feelings. It is what we use to love and discipline our children. Without a common language, our thoughts, feelings, and opinions are misinterpreted or lost. A place without
Sunday, December 15, 2019
Mexican Immigrants Free Essays
The number of Mexican immigrants, both legal and illegal, in California today is quite staggering.à Amidst the terrorist threat issues and various biological scares, these immigrants have changed the economy of California completely. The state of California once boasted a healthy employment market for immigrants, as well as natives. We will write a custom essay sample on Mexican Immigrants or any similar topic only for you Order Now à Now, the economy of California is in recession, along with the rest of the United States.à According to the California Employment Development Department, unemployment numbers rose to 4.5 percent in October, which is a rise from the 2.1 percent a year ago. Of the thousands of jobs lost in September and October, over half were in hospitality, service, and construction.(The Waiting Game, 2006) As a result of the drop in employment, Mexican immigrants are struggling to survive.à Most immigrants are in the United States to make a better life for their families, who are often still in Mexico.à They work and earn wages to pay their living expenses here, and the rest is sent back to their families.à Most have now taken to the streets to stand and wait for a job opportunity.à Undocumented seasonal workers are the most vulnerable.à They make up 8.5 percent of the total number of immigrants, and they have to resort to sleeping in parks and under bridges. According to Martha Sanchez-Gomez, a specialist from the Social Research Institute of the Nacional Autonomous University of Mexico, said that immigrants suffer discrimination and social vulnerabilities.à She also states that permanent immigrants make up 61.6 percent of the total, while those who travel back and forth between here and Mexico represent 28.8 percent.à The latter are those who work with the high seasons, when the demand for workers is higher. à à (Mexidata.Info-July 2005) The adult immigrants are not the only ones who suffer.à The numbers of children that have had no formal education before immigration is outrageous.à These children fall far behind the children of other California residents.à Tied in with the uneducated parents, they struggle just to get through day to day life.à Ms. Sanchez-Gomez states that statistically, 3.2 percent of adult immigrants have had no schooling, whereas 66.6 percent have a maximum of six year of education.à The majority of the farm workers are young men with very low levels of education.à About 10 percent are women, who prefer jobs as hotel chambermaids or as domestic workers, or to do cleaning work in nearby restaurants. It is widely believed that Mexican immigrants should be allowed to become United States citizens on the conditions that they pass the citizenship tests and that they cooperate with local government.à While this is an opportunity for them, it leaves a gapping whole in local economies as well as the nationââ¬â¢s economy. There are several views, both pros and cons, to letting Mexican immigrants stay in the United States.à There is a heated debate taking place now that, if solved, will provide some general laws that are more defined than what they are now. Think about the pros to illegal immigrants become permanent citizens.à These immigrants will contribute more money to economies.à Some will continue their education, and go one to open more businesses, thereby providing more employment.à Because they have an unspoken assumption that they should earn their own way, the immigrants tend to struggle in silence, never asking for governmental financial services such as Food Stamps.à This reduces the liability to tax payers. The cons to illegal immigrants staying in the United States far outweigh the pros.à Immigrants have caused the homeless population to rise.à The available employment, as stated before, has dropped severely, largely due to the fact that the immigrants are satisfied with working for minimum wage.à The available housing has dropped as well, and will continue to drop due to the large numbers of illegal immigrants that manage to sneak across the border. Mexican immigrants increase the poverty levels.à Although they are making as much as 10 times what they would in Mexico, the standard of living in the United States is much higher.à These immigrants do not generally take this information into account when they make their plans to immigrate.à About 47 percent of undocumented Mexicans believe that improving their quality of life can only be improved by coming to the United States. One common myth about illegal Mexican immigrants is that they are all criminals deserving to be severely punished.à However, the typical immigrant is an honest person, struggling to give a better life to himself and his family.à A large percentage of these immigrants mind their own business, and are far from being violent criminals.à Can we say that much about the United States population? Another quite racist myth about the immigrants is that they are just here as parasites that are feeding off our tax dollars and not contributing in return.à As stated earlier, they know that they have to pay their own way, and thus always offer something in return for what they may need.à Mexican workers pay sales taxes on their purchases, the same as everyone else, but illegal immigrants are often taken advantage of and paid below minimum wage.à This gives the employer a higher profit margin.à They are simply pocketing the taxes they withhold from payrolls. Right now, with the nation being in the condition that it is, the Mexican immigrants are hurting us more and more the longer that they stay here.à Most of these immigrants can not read or write, let alone speak English.à They are taking up valuable space and employment that is severely needed to raise our national economy.à We have enough problems with Americans.à We have a growing number of homeless.à We have a growing number of unemployed mothers and fathers, who struggle to feed their children.à The dependency of government social services by Americans grows as each day passes. There needs to be a set decision made as to the fate of the Mexican immigrants.à Either we give them the opportunity to become citizens, or we deport them.à There should be no in between.à Those that cannot become legal immigrants, even if they have a temporary work visa, should be deported as well.à There are other ways for the United States to help the Mexicans. One way that the United States can offer assistance to Mexicans, without the fear of it being solely a charity effort, is to open more businesses in Mexico.à We have all these huge corporations and ridiculously large multi-million dollar companies.à If we start opening more businesses in Mexico, with pay standards the same as ours, Mexicoââ¬â¢s economy will benefit.à Why should the drug dealers and slum lords be the only ones that are happy and have a good quality of life? Resources 1.à à à à à à Hue, Vanessaà (September 9, 2005) Mexican Immigrantsââ¬â¢ Kids Falter in Schoolà à à http://sfgate.com/cgi-bin/article.cgi?file=/c/a/2005/09/09/BAGL1EKTDM1.DTL 2.à à à à à Notimex News Service Of Mexico City (July 25, 2006) Mexican Immigrants in California Lack Basic Servicesà for Mexidata.Info à à www.mexidata.info/id555.html 3.à à à à à Schefler, Chris (2006) writing for the University of Daytonà à à à à Racist Myths about Mexican Immigrantsà à à http://academic.udayton.edu/race/02rights/guadalu4.htm à à à à à à à à à à How to cite Mexican Immigrants, Essay examples
Friday, December 6, 2019
Business and Corporation Law for Caparo Industries -myassignmenthelp
Question: Write about theBusiness and Corporation Law for Caparo Industries. Answer: Issue Is Mac Tools Ltd liable for committing negligence? Is Aurora liable for committing contributory negligence? Is Jessie negligent for the broken glass vase? Law Negligence The negligence law was established in the case Donoghue v Stevenson [1932] that stated that in order to establish a claim for negligence; the claimant must establish the following elements: Duty of Care In order to establish that the defendant owed a duty of care towards the defendant and is responsible for personal injury, the test of proximity is applied. It states that defendant must be so close to the plaintiff that his actions or omissions would reasonably cause damage to the plaintiff as was observed in Caparo Industries pIc v Dickman [1990]. Breach of the Duty In order to determine whether the defendant has caused breach of the duty, the court shall apply the objective test explained in Vaughan v Menlove [1837]. The test determines the foreseeability of the risk where the defendant must make efforts to avert the risks. The action of the defendant to avoid such risks shall be such that any reasonable person would take such steps to avoid the same risks (Graham, 2016). Breach of duty resulted in damages Whether the damages were caused due to the breach of the duty is usually determined by the courts using the But for test that was established in the Barnett v Chelsea Kensington Hospital [1969]. The but for test inquires But for the act of the defendant, would the harm have taken place? In case there are two parties who are responsible for causing damages for their negligent acts and where their individual acts would have individually caused damages, both such parties shall be liable for negligence, as each of the causes shall be considered as considerable factor. Damage was foreseeable and not remote Further, the defendant shall be liable if the damages suffered by the plaintiff were foreseeable by the defendant and the damage was the direct result of the breach of duty of care defendant. Contributory negligence If the plaintiff voluntarily pays no attention to basic rules or warnings and fails to ensure his/her own safety, the plaintiff is said to be partly liable for the damages caused to him/her. However, contributory negligence cannot be used as a defense unless the plaintiff has voluntarily assumed the risk, which any reasonable person would have voided under the same circumstances. Workplace Safety Practice The Work Health Safety practice requires the workers to use any personal protective equipment while working and not willfully themselves or others. Employees must exercise duty of care to guard against any economic loss in performing their work otherwise, they shall be liable in the event of a loss as was held in Hedley Byrne Co Ltd v Heller Partners Ltd [1964]. Application In the given scenario, MacTools Ltd is liable for negligence and Aurora is liable for contributory negligence. This is evident from the fact that Mac Tools Ltd was aware of the fact that if the drill is used for more than 5 minutes, there is a 1% chance it may result in short circuit and cause injury or damage to the user. However, the company did not rectify the defect, which a reasonable person would, due to huge expenses. As was held in Donoghues case, any person whose actions or omission would directly cause damage to other person owes duty of care towards the person. Here, Aurora was the consumer of the drill sold by Mac Tool Ltd , hence, the company breached its duty of care causing damage to Aurora and Jessie due to the over usage of the drill and power cut due to the short circuit defect. The damage caused must be a direct result of the breach of the defendants duty. Mac Tool Ltd could reasonable foresee that the defect in the drill would result in short circuit yet it did not mae attempt to avert the risk. While Mulan lent the power drill to Aurora with the instructions, which included the safety warnings that required the users to wear protective goggles, aurora did not read the instructions, used it for 10 minutes, and lost her eye. Here, Aurora voluntarily refused to read the safety warnings and assumed the risk which any reasonable person would have avoided. Here if the but-for test is applied it can be observed that even if Mac Tool mentioned about the short circuit warning, Aurora would have suffered the injuries as she voluntarily did not read the instructions which required her to wear protective goggles for eye safety. Jessie is personally liable for the economic loss to her employer as she should have exercised duty of care and should have used personal property equipment while making the glass, as she is personally responsible to guard against any economic loss as held in Hellers case. Conclusion Mac Tool Ltd is liable for negligence and Aurora is responsible for contributory negligence. Jessie is liable for breaching duty of care while making the glass vase. References Barnett v Chelsea Kensington Hospital [1969] 1 QB 428 Caparo Industries pIc v Dickman [1990] 2 AC 605 Donoghue v Stevenson [1932] AC 562 Graham, J. C. (2016). Proof of Negligence.Florida Torts,1. Hedley Byrne Co Ltd v Heller Partners Ltd [1964] AC 465. Vaughan v Menlove [1837] 3 Bing NC 467
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