Friday, January 24, 2020
The Mood in Funeral Blues by W.H. Auden Essay -- Poetry Analysis
The Mood in Funeral Blues by W.H. Auden The poem, "Funeral Blues", by W.H. Auden tells about a person's grief and is successful in creating a very sad and depressing mood. This is achieved by the poet's use of language, word choice and sentence structure. The way in which the author describes his feeling - along with the use of rhythm and rhyme - was created in a very effective way which made it clear to the reader. In the first stanza the depressing mood is created straight away by the poet's use of commands, which created the impression that he wanted the whole world to come to a stand still: "Stop all the clocks, cut off the telephone, Prevent the dog from barking with a juicy bone" These particular commands are demanding silence from everyone as he is requesting silence from everyone as he wants the clocks to stop ticking, the phone to stop ringing, the dog to be quiet and basically every aspect of normal, everyday life to come to a halt. By doing this the author has made it obvious that the person he has lost was his whole world and he feels as if the world cannot go on anymore without this person. W.H Auden also made effective use of rhythm and rhyme in order to create the atmosphere, which exists at a funeral: "à ¢Ã¢â ¬Ã ¦with muffled drum, Bring out the coffin, let the mourners come." By the use of the word 'muffled' I was given the impression of a foggy, depressing and cold day with the coffin being removed from the black hearse. I thought it to be effective when 'drum' was mentioned as normally it is at state funerals for very important people where drums are used. The impression I received was that it... ...der to swallow pills. This is then continued as the next line is telling of the complete despair that he feels and shows the lack of hope and happiness he possesses: "For nothing now can ever come to any good." The use of the word nothing also shows he does not see a future for himself anymore. As it is a short sentence and if you follow the rhythm intended it is a drowsy beat which again extends the overdose idea as it is him falling asleep and puts him out of his misery but at the same time the ending remains sad and does not give a happy ending. In conclusion, Funeral Blues by W.H Auden was successful in creating a very depressing mood that was full of despair and contained absolutely no hope. This was effective by the use of simple language, sentence structure and most importantly the use of rhythm and rhyme.
Thursday, January 16, 2020
Fact Sheet on Effects of Marijuana on the Body
MEMORY/PERCEPTION/BEHAVIOR 1. Attention, memory and learning are impaired among heavy marijuana users, even after users discontinued its use for at least 24 hours. Heavy marijuana use is associated with residual neuropsychological effects even after a day of supervised abstinence from the drug. Heavy users displayed significantly greater impairment than light users on attention/executive functions, as evidenced particularly by greater preservations on card sorting and reduced learning of word lists.These differences remained after controlling for potential confounding variables, such as estimated levels of premorbid cognitive functioning, and for use of alcohol and other substances in the two groups. However, the question remains open as to whether this impairment is due to a residue of drug in the brain, a withdrawal effect from the drug, or a frank neurotoxic effect of the drug. (ââ¬Å"The Residual Cognitive Effects of Heavy Marijuana Use in College Students,â⬠Pope, HG Jr. , Yurgelun-Todd, D. , Biological Psychiatry Laboratory, McLean Hospital, Belmont, MA, JAMA February 21, 1996. 2. Impaired memory for recent events, difficulty concentrating, dreamlike states, impaired motor coordination, impaired driving and other psychomotor skills, slowed reaction time, impaired goal-directed mental activity, and altered peripheral vision are common associated effects. (Adams and Martin 1996; Fehr and Kalant 1983; Hollister 1988a; Institute of Medicine 1982; Tart 1971) 3. A roadside study of reckless drivers who were not impaired by alcohol, showed that 45% of these drivers tested positive for marijuana. Dr. Dan Brookoff, published in the New England Journal of Medicine) 4. Marijuana smoking affects the brain and leads to impaired short-term memory, perception, judgment and motor skills. (Marijuana Facts: Parents Need to Know, National Institute on Drug Abuse ) 5. In a survey of 150 marijuana using students, 59% surveyed report they sometimes forget what a conversa tion is about before it has ended. 41% report if they read while stoned they remembered less of what they had read hours later. (Dr.Richard Schwartz, Vienna Pediatric Associates in Psychiatric Annals as reported in NIDA Capsules) NEUROBIOLOGICAL EFFECTS 6. Marijuana activates the same pleasure centers in the brain that are targeted by heroin, cocaine and alcohol. (Dr. Gaetano Di Chiara, University of Caligari, Italy) CARDIOVASCULAR EFFECTS 7. Physiological effects of marijuana include an alteration of heart rate. Use of marijuana may result in intense anxiety, panic attacks or paranoia. (National Institute of Drug Abuse) CHRONIC EFFECTS RESPIRATORY SYSTEM EFFECTS . The daily use of 1 to 3 marijuana joints appears to produce approximately the same lung damage and potential cancer risk as smoking 5 times as many cigarettes. (UCLA) The study results suggest that the way smokers inhale marijuana, in addition to its chemical composition, increases the adverse physical effects. The same l ung cancer risks associated with tobacco also apply to marijuana users, even though they smoke far less. (reported in NIDA Capsules) 9. Benzopyrene is the chemical in tobacco that causes lung cancer.An average marijuana cigarette contains nearly 50% more benzopyrene than a tobacco cigarette. An average marijuana cigarette contains 30 nanograms of this carcinogen compared to 21 nanograms in an average tobacco cigarette (Marijuana and Health, National Academy of Sciences, Institute of Medicine Report, 1982) Benzopyrene suppresses a gene that controls growth of cells. When this gene is damaged the body becomes more susceptible to cancer. This gene is related to half of all human cancers and as many as 70% of lung cancers. 10.Marijuana users may have many of the same respiratory problems that tobacco smokers have, such as chronic bronchitis and inflamed sinuses. (Marijuana Facts: Parents Need to Know, National Institute on Drug Abuse ) 11. Marijuana smokers, when compared to non marijua na smokers, have more respiratory illness. (Polen et al. 1993). 12. Marijuana smoke produces airway injury, acute and chronic bronchitis, lung inflammation, and decreased pulmonary defenses against infection. Smoking one marijuana cigarette leads to air deposition of four times as much cancer-causing tar as does tobacco smoke (Dr.D. Tashkin, Western Journal of Medicine) ENDOCRINE SYSTEM EFFECTS 13. Heavy marijuana use can affect hormones in both males and females. Heavy doses of the drugs may delay the onset of puberty in young men. Marijuana also can have adverse effects on sperm production. Among women, regular marijuana use can disrupt the normal monthly menstrual cycle and inhibit the discharge of eggs from the ovaries. (Marijuana Facts: Parents Need to know, National Institute on Drug Abuse) ADVERSE MENTAL EFFECTS 14. An ââ¬Å"amotivational syndromeâ⬠can develop in heavy, chronic marijuana users.It is characterized by decreased drive and ambition, shortened attention spa n, poor judgment, high distractibility, impaired communication skills, and diminished effectiveness in interpersonal situations. (National Institute of Drug Abuse) 15. Adults who smoked marijuana daily believed it helped them function better, improved self-awareness and improved relationships with others. However, researchers found that users were more willing to tolerate problems, suggesting that the drug served as a buffer for those who would rather avoid confronting problems than make changes that might increase their satisfaction with life.The study indicated that these subjects used marijuana to avoid dealing with their difficulties and the avoidance inevitably made their problems worse. Although users believed the drug enhanced understanding of themselves, it actually served as a barrier against self-awareness. (case studies by research team from Center for Psychosocial Studies in New York. ) IMMUNE SYSTEM EFFECTS 16. Marijuana and some of its compounds influence the immune sy stem and affect the body's ability to resist viruses, bacteria, fungi and protozoa, and decreases the body's anti tumor activities.Marijuana has the potential to alter the backup safeguards of the immune system because it affects diverse types of cells in the body. This could compromise the immune system's ability to screen out cancer cells and eliminate infection. (Dr. Guy A. Cabral, Professor, Medical College of Virginia, speaking at NlDA's National Conference on Marijuana Use: Prevention, Treatment and Research. ) Limitations of Marijuana Research ââ¬Å"Unfortunately, much of what is known about the human pharmacology of smoked marijuana comes from experiments with plant material containing about 2% THC or less, or occasionally up to 4% THC.In addition, human experiments typically are done in laboratory settings where only one or two smoked doses were administered to relatively young, medically screened, healthy male volunteers well experienced with the effects of marijuana. Fem ales rarely participated in past marijuana research because of prohibitions (now removed) against their inclusion. Thus the clinical pharmacology of single or repeated smoked marijuana doses given to older people or to people with serious diseases has hardly been researched at all in a controlled laboratory or clinic setting.Some of the very few reports of experiments that have included older or sicker people, particularly patients less experienced in using marijuana suggest the profile of adverse effects may differ from healthy student volunteers smoking in a laboratory experiment (Hollister, 1986a, 1988a) THC administered alone in its pure form is the most thoroughly research cannabinoid. Much of what has been written has been inferred from the results of experiments using only pure THC.Generally, in experiments actually using marijuana, the assumed dose of marijuana was based only on the concentration of THC in the plant material. The amounts of cannabidiol and other cannabinoids in the plant also vary so that pharmacological interactions modifying the effects THC may occur when marijuana is used instead of pure THC. The result of this research strategy is that a good deal is known about the pharmacology of THC, but experimental confirmation that the pharmacology of a marijuana cigarette is indeed entirely or mainly determined by the amount of THC it contains remains to be completed.The scientific literature contains occasional hints that the pharmacology of pure THC, although similar, is not always the same as the clinical pharmacology of smoked marijuana containing the same amount of THC (Graham 1976, Harvey 1985, Institute of Medicine 1982)â⬠(Report to the Director, National Institutes of Health, by the Ad-Hoc Group of Experts, ââ¬Å"Workshop on the Medical Utility of Marijuana. ââ¬Å")
Wednesday, January 8, 2020
Biography of Edward Low, English Pirate
Edward Ned Low (1690ââ¬â1724) was an English criminal, sailor, and pirate. He took up piracy sometime around 1722, after the execution of Charles Vane. Low was very successful, plundering dozens if not hundreds of ships over the course of his criminal career. Like Vane, Low was known for his cruelty to his prisoners and was greatly feared on both sides of the Atlantic. Fast Facts: Edward Low Known For: Low was an English pirate known for his viciousness and brutality.Also Known As: Edward Lowe, Edward LoeBorn: 1690 in Westminster, London, EnglandDied: 1724 (place of death unknown) Early Life Low was born in Westminster, London, probably sometime around 1690. As a youth, he was a thief and a gambler. He was a strong young man and would often beat up other boys for their money. Later, as a gambler, he would cheat brazenly: if anyone called him on it, he would fight them and usually win. When he was a teenager, he went to sea and worked for a few years in a rigging house (where he made and repaired ships ropes and rigging) in Boston. Piracy Tiring of life on land, Low signed on board a small vessel that was headed to the Bay of Honduras to cut logwood. Such missions were risky, as the Spanish coastal patrol would attack them if they were sighted. One day, after a long days work cutting logwood, the captain ordered Low and the other men to make one more trip, so as to fill the ship faster and get out of there. Low became enraged and fired a musket at the captain. He missed but killed another sailor. Low was marooned and the captain took the opportunity to rid himself of a dozen or so other malcontents as well. The marooned men soon captured a small boat and turned pirate. The new pirates went to Grand Cayman Island, where they met a pirate force under the command of George Lowther on board the ship Happy Delivery. Lowther was in need of men and offered to let Low and his men join. They did happily, and Low was made lieutenant. Within a couple of weeks, the Happy Delivery had taken a big prize: the 200-ton ship Greyhound, which they burned. They took several other ships in the Bay of Honduras over the next few weeks, and Low was promoted to captain of a captured sloop, which was outfitted with 18 cannons. It was a quick rise for Low, who had been a junior officer on board the logwood ship only weeks before. Not long after, as the pirates refitted their ships on an isolated beach, they were attacked by a large group of angry natives. The men had been resting on the shore, and although they were able to escape, they lost much of their loot and the Happy Delivery was burned. Setting out in the remaining ships, they resumed piracy once more with great success, capturing many merchant and trading vessels. In May 1722, Low and Lowther decided to part ways. Low was then in charge of a Brigantine with two cannons and four swivel guns, and there were some 44 men serving under him. Over the next two years, Low became one of the most successful and feared pirates in the world. He and his men captured and robbed dozens of vessels over a wide area, ranging from the western coast of Africa to the southeastern United States. His flag, which was well-known and feared, consisted of a red skeleton on a black field. Tactics Low was a clever pirate who would use brute force only when necessary. His ships collected a variety of flags and he would often approach targets while flying the flag of Spain, England, or whatever other nation they thought their prey might be from. Once close, they would run up the Jolly Roger and begin firing, which was usually enough to demoralize the other ship into surrendering. Low preferred to use a small fleet of two to four pirate ships to better outmaneuver his victims. He could also use the threat of force. On more than one occasion, he sent messengers to coastal towns threatening an attack if they were not given food, water, or whatever else he wanted. In some cases, he held hostages. More often than not, the threat of force worked and Low was able to get his provisions without firing a shot. Nevertheless, Low developed a reputation for cruelty and ruthlessness. On one occasion, as he prepared to burn a ship he had recently captured and no longer needed, he ordered the ships cook tied to the mast to perish in the fire. The reason was that the man was a greasy fellow who would sizzleââ¬âthis proved amusing to Low and his men. On another occasion, they caught a galley with some Portuguese aboard. Two friars were hung from the Fore-Yard and jerked up and down until they died, and another Portuguese passengerââ¬âwho had made the mistake of looking sorrowful at the fate of his friendsââ¬âwas cut to pieces by one of Lows men. Death In June 1723, Low was sailing in his flagship Fancy and was accompanied by the Ranger, under the command of Charles Harris, a loyal lieutenant. After successfully seizing and plundering several ships off of the Carolinas, they ran into the 20-gun Greyhound, a Royal Navy ship on the lookout for pirates. The Greyhound pinned down the Ranger and shot down its mast, effectively crippling it. Low decided to run, leaving Harris and the other pirates to their fate. All of the hands on board the Ranger were captured and brought to trial in Newport, Rhode Island. Twenty-five men (including Harris) were found guilty and hung, two more were found not guilty and sent to prison, and eight more were found not guilty on the grounds that they had been forced into piracy. Historians are not quite sure what happened to Low. According to the National Maritime Museum in London, the pirate was never captured and spent the rest of his life in Brazil. Another history suggests that his crew tired of his cruelty (he supposedly shot a sleeping man he had fought with, causing the crew to despise him as a coward). Set adrift in a small ship, he was found by the French and brought to Martinique for trial and hanged. This seems the most likely account, although there is little in the way of documentation to prove it. In any event, by 1725 Low was no longer active in piracy. Legacy Edward Lowà was the real deal: a ruthless, cruel, clever pirate who terrorized transatlantic shipping for about two years during the so-called Golden Age of Piracy. He brought commerce to a halt and had naval vessels searching the Caribbean for him. He became, in a sense, the poster boy for the need to control piracy. Before Low, many pirates were either cruel or successful, but Low was a sadist with a well-armed and organized fleet. He was hugely successful in pirate terms, plundering well over 100 ships in his career. Onlyà Black Bart Robertsà was more successful in the same area and time. Low was also a good teacherââ¬âhis lieutenant Francis Spriggs had a successful pirate career after absconding with one of Lows ships in 1723. Sources Defoe, Daniel, and Manuel Schonhorn. A General History of the Pyrates. Dover Publications, 1999.Konstam, Angus. World Atlas of Pirates: Treasures And Treachery On The Seven Seasââ¬âIn Maps, Tall Tales, And Pictures. The Lyons Press, October 1, 2009.Woodard, Colin. The Republic of Pirates: Being the True and Surprising Story of the Caribbean Pirates and the Man Who Brought Them Down. First edition, Mariner Books, June 30, 2008.
Tuesday, December 31, 2019
Drinking And Driving Should Not Be Taken Lightly - 1500 Words
Drinking and Driving Have you or someone you know been personally affected by someone who was drinking and driving? If you have then you understand the seriousness of why this is a major problem and should not be taken lightly. Many people have the understanding that they should not drink and drive when they are sober, when they start drinking however, their opinions most of the time change. Alcohol distorts a person s judgement and allows their perception to be altered, people who are under the influence admit that their reaction time is slower than when they are not drinking. Thus, they make decisions and take chances that they would not take when they are sober, most of the time these decisions are fatal. When drinking alcohol,â⬠¦show more contentâ⬠¦Also, a person with more body fat will have a higher BAC than a person with less body fat. Most of the time a female will have a higher BAC than a male, even if she drinks the same concentration of alcohol as a male. What this means is that it takes fewer drinks for a female to be at the legal limit. After learning what alcohol does to the brain and body, one can see why driving after drinking could be a serious problem. The history of drunk driving dates back to 1897 when the first drunk driving arrest was made. ââ¬Å"It was a man named George Smith who drove a taxicab in London as a living. One night, Smith was drinking and driving and crashed into a building. After he was arrested for drunk driving, he eventually plead guilty to the charge. He was sentenced to pay 25 shillingsâ⬠(DrunkDrivingPrevention.com). After the incident in London, New York became the first state in America to create drunk driving laws. In 1954 Robert F. Borkenstein invented the Breathalyzer. The breathalyzer is a device for estimating blood alcohol content from a person s breath sample. It is illegal in the United States to drive a vehicle with a Breath Alcohol Concentration of 0.08% or higher. A DUI, driving under the influence, is the act of driving a vehicle with a BAC over the state limi t. If it is your first offense the state will typically revoke your license for a year, and require you to take a drunk driverShow MoreRelatedEssay about Changing the Drinking Age to 181228 Words à |à 5 Pagesget a bad rep when it comes to drinking alcohol. Especially college students that are considered ââ¬Å"binge drinkersâ⬠. When in reality a nation wide survey of students at 168 colleges and universityââ¬â¢s found some interesting things about the underage corrupt youth. 93% of all students have never received a lower grade in a class because of drinking too much. 98% of all college students say that they have never gotten into trouble from an administrator from excessive drinking. While the media continuallyRead MoreAlcohol is a very popular drink for those that are of legal drinking age. 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Sunday, December 22, 2019
Nike The Growth Stage Of Its Life Cycle - 2292 Words
Todays market place has hundreds of sporting based companies that compete for the same customers. One prominent player in this industry is Nike. Oââ¬â¢Reilly (2014) explains how Nike has been in existence for over 50 years and has grown to be dominant in its market. It was founded in 1964 as a company named Blue Ribbon but officially took the name Nike in 1971. Nike (2016) states that they aim to create products, services and experiences for todayââ¬â¢s athletes. To illustrate, Nike produces: footwear, athletic wear, athletic gear and provides sponsorship services to hundreds of athletes across the world. Furthermore, Nike (2016) illuminates how they employ more than 30,000 people. These employees range from marketers to accountants to retail employees. What is more, Nike also contracts with manufactures that employ more than 800,000 workers in several different countries. Currently, Nike is in the growth stage of its life cycle. Jones (2013) states that organizational growth is, ââ¬Å"The life cycle stage in which organizations develop value creation of skills and competences that allow them to acquire additional resourcesâ⬠. Although Nike has been in existence for over 50 years they are continually innovating new products and services to maintain their growth. MarketWatch (2015) states that in 2011 Nike had a net income of 2.13 billion and in 2015 their net income was 3.27 billion. This clearly demonstrates how Nike is continually developing their domain and increasing the range ofShow MoreRelatedMarketing Objectives for Nike Sports Drink1342 Words à |à 6 PagesObjectives Nike will have a number of different marketing objectives for their isotonic sports drink, Nike Go. A main market objective will be to establish the isotonic drink as the most credible sports drink in the market. This will not just happen though, this can only happen through a lot of promotion and appeal. Creating strong consumer awareness is very important in gaining market share as it is a completely new product from Nike. This can be done through promoting the product, Nike Go, and allowingRead MoreThe Athletic Shoe Industry Is Made Up Of Companies That Produce Footwear For Athletic Use1638 Words à |à 7 Pagesindustry is one of the fastest growing footwear industries and have top growing sales compared to other footwear industries (NDP Group, 2016). The key players that currently dominate the market are Nike, Adidas, and Puma (Kates Bolduc, 2013). This paper will use the porter five forces, industry life cycle, and the key players to understand the industry. Over these years t he athletic shoe industry has grown into a competitive market. 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The product life cycle concept derives from the phases through which a product undergoes, from its introduction, to its growth in the market, to the maturity it attains in that market, to the very last stage of declination. The introduction stage of a product consist of the first time a product is available to the general public. Growth stage entails a products profitability and demand in the current market, in this cycle theRead MoreWhat Are Some Reasons For Contracting A Product Line?1273 Words à |à 6 Pagesproduct life cycle concept. What are the stages of the product life cycle? The product life cycle concept derives from the phases through which a product undergoes, from its introduction, to its growth in the market, to the maturity it attains in that market, to the very last stage of declination. The introduction stage of a product consist of the first time a product is available to the general public. Growth stage entails a products profitability and demand in the current market, in this cycle theRead MoreCsr And Product Lifecycle And Its Components Essay1425 Words à |à 6 Pagestodayââ¬â¢s consumer and marketplace is demanding and knowledgeable; an organization is wise to listen as they speak with their wallets and step up its CSR program. Product Lifecycle and Lifecycle Pricing Pricing is an important aspect in examining the stages of the product lifecycle: raw materials extraction, materials processing, product manufacturing, wholesale and retail outlets, purchasing and consumers and product waste and recycling. Lifecycle pricing exist to bring to light all aspects of theRead MoreMarketing Report for New Balance Company Essay1480 Words à |à 6 PagesFor New Balance Company, In order to maintain a substantial amount of market share, to target several suitable segmentations is vital. Those profitable segmentations can make New Balance Company become more competitive among its competitors such as Nike, Adidas and Reebok. In the following section, different potential segmentations will be classified and discussed by analysing different group of customersââ¬â¢ characteristics, needs and wants. 2.0 Marketing Segmentation This is the first step inRead MoreNike Marketing Research2366 Words à |à 10 PagesCase Study: The Marketing Mix of Nike, Inc. BADM 370 15 April 2013 Executive Summary Nike, Inc.ââ¬â¢s debut in the 1970ââ¬â¢s was a milestone for the athletic industry. Starting with a simple of objective of selling affordable, quality athletic footwear, Nike has undergone an incredible transformation over the years into a dominating sporting goods company due to an efficient marketing mix. Today, Nike has reached annual sales exceeding
Saturday, December 14, 2019
Mid-Term Break â⬠Creative Writing Free Essays
I was in the college sick bay all morning panicking and wondering why I was sat in this small clinical room. I was left alone lying on the old squashy but cold bed. I was listening to the bells ring every hour. We will write a custom essay sample on Mid-Term Break ââ¬â Creative Writing or any similar topic only for you Order Now I was wondering what lesson I should be in now if I had not been in this uncomfortable, small cramped room. At last, the school nurse walked in and said to me ââ¬Å"Simon your next door neighbours are hereâ⬠. I picked up my coat, put my bag on my back, and walked to the school reception where my neighbours were stood. My neighbours were nice people. They were the type that would help out, like picking me up from school or baby-sitting my brother. My neighbours came and gave me a hug and sat me down by the school reception and said ââ¬Å"Simon, we have some bad newsâ⬠. All sorts of things were running through my head at that moment, I thought that their cat had died or something but these words came out ââ¬Å"Your brother is in hospital. He has been run over by a carâ⬠. On the way home I felt sick. Tears were trickling down my face while I was thinking if my brother was okay or not. On the way home the journey felt like five hours rather that ten minutes. When I finally got home, I saw my father crying in the porch. I tried to comfort him but I was too worried myself to be of any real help. I thought I knew what had happened, my father does not really cry when somebody dies but this time he was really crying. He was alone in his own world. He was cold and noises were muffled. The tears clouded his eyesight. As I entered the house, there were many people talking about different things. I could not tell what they were saying; it was just one loud noise. I could make out big Jim Evans, my uncle, who was saying in a solemn voice, ââ¬Å"it was a hard blowâ⬠. My younger sister, Natalie, was in the pram rocking and laughing as though nothing had happened. I wished that I could do that; just pretend that nothing had happened. I went upstairs to my bed room and was met by lots of old men whom I had never seen before, I was embarrassed when they all stood up and started to shake my hand, they told me they were sorry for my trouble. I locked on to someone saying that I was the eldest child away at boarding school when my brother had been run over. I was holding my mums hand when I heard this. At ten oââ¬â¢clock on Tuesday morning, my brotherââ¬â¢s corpse arrived at the house and was taken upstairs to the attic. The corpse was bound in bandages and they were stained in blood around the body. This made me feel sick. I wanted to get out of the room as quick as I could. The following morning I went upstairs into the attic to say my goodbyes. The room was cold and many candles were lit around the corpse to show respect. Snowdrops soothed the atmosphere and made everything calm. I saw him lying in the coffin. It was the first time I had seen him in six weeks because I had been away at boarding school. He was lying there, but more stiff and paler than I had seen him six weeks ago. He was lying there with a poppy bruise on his left temple where the car had hit him. It appeared as though he was fast asleep in his bed, but it was not his bed, it was a coffin. He had no gaudy scars because the bumper had knocked him clear. This made me feel sick again but I did not want to leave the room. His box was four foot long as if this was a foot for every year. How to cite Mid-Term Break ââ¬â Creative Writing, Papers
Friday, December 6, 2019
Contributory Negligence and Breach of Contract
Question: Discuss about the Contributory Negligence and Breach of Contract. Answer: Introduction: The law of negligence aims to grant compensation to the plaintiff who has suffered injuries because of the wrongful acts/omissions by the defendant and the defences which can be used by the defendant to secure his position. As per the facts of the case, Anna is the aggrieved/plaintiff and she must prove the elements of the law of negligence against the Trevor who is the defaulter/defendant in order to attain relief for the injuries that are sustained by her. Anna has to prove that Trevor is duty bound to provide care to her which was breached causing harm to her. Whereas, Trevor can prove that Anna has also contributed to her own loss and thus can reduce his quantum of liabilities. Legal principles and its application If Anna has to prove that the injuries caused to her are because of Trevor, then, she has to prove that there is duty of care upon Trevor. In Donoghue v Stevenson (1932) the law of negligence was established for the first time. There were three basic elements which need to be proved to hold the defendant negligent in his actions (Langridge v Levy (1837). The same are duty of care, breach and damages. The duty of care is the duty which every defendant must follow while doing any act/omission. The duty signifies that when the defendant is carrying or not carrying any activity, then, no damage should be caused to the plaintiff (Bryan v Maloney(1995). (P Latimer, 2012) But, the duty of care can only be imposed provided the defendant can foresee the affects of his actions, that is, the affect which can be reasonably foreseeable by the defendant. If the defendant cannot reasonably foresee the impact, then, there is no duty of care (Burnie Port Authority v General Jones [1994]) (Norman, 2004). Also, the law will only impose the duty provided the acts are hampering the interest of those plaintiffs who are connected with the defendant (Grant v The Australian Knitting Mills[1935]. There must be presence of neighbourhood amid the parties so that the acts of the defendant are hampering the interest of the plaintiff directly. (C Witting, 2007) Now, there is a duty of care that can be imposed upon Trevor. This is because there is presence of reasonable forseeability and the principle of neighbourhood. Trevor takes the walking trip on the day light knowing the fact that if the trip is conducted during night then there are chances of injuries that might take place. Thus, he can foresee the impact if this duty is not performed carefully. Also, Anna is one of the walkers on the trip. Thus, whatever acts/guidance that is provided by Trevor will affect Anna directly. There is connectivity amid both Anna and Trevor. So, there is the presence of proximity and neighbourhood principle. So, in such situation, Trevor must take such actions or non actions so that no injury is caused to his walkers because of him. Breach of Duty of care The defendant in all situations must comply with the duty of care that is imposed upon him, that is, he must act in such a manner is that his actions does not hamper any plaintiff who is his neighbour and for all those actions the impact of which he can reasonably foresee. But when the duty of care that is imposed upon the defendant is not fully catered by him, then, there is breach of such duty of care. But, a duty if care is only considered to be violated when the level of care that is expected from the defendant is not met and he short falls from the level of care that is expected from him (Lagunas Nitrate Co v Lagunas Nitrate Syndicate Ltd (1899). The situations are different and so does the level of care, but, whatever may be the situation, the level of care provided by the defendant must achieve the standard that is expected from him Introvigne v. Commonwealth (1982). For instance, if the degree/gravity of harm that might incur from the acts of the defendant is very high then the level of care that is expected from the defendant should also be very high (Paris v Stepney Borough Council[1950]. Likewise, if the defendant is aware that the plaintiff is a child, then, the level of care should be much high when compared with what is given when the plaintiff is a normal person. So, there are various factors that influence the level or standard of care that is required in a y given si tuation, such as, the factors includes, the age of the plaintiff, education, illness, metal condition, etc. Now, in the given situation, the facts reveal that Trevor operates day walking touring service as there were chances of accidents and injuries sustained by walkers when the tours were conducted during night. These walking tours were very easy going and Trevor takes a group of 6 people mainly for bird watching and allied activities. Trevor after understanding from his past experience is aware that the trip should be carried out in day light as any trip in the night has invited injuries. He tried to provide adequate protections to the walkers by informing them that all the walkers must wear sensible shoes and walking. He also made sure that the walkers are supplied with sandwiches and water. All these actions of Trevor may presume that the duty of care that is imposed upon Trevor are complies by him. But, the answer is No. Anna was one of the walkers but has faced injuries during the trip. This is because there was breach of duty of care on the part of Trevor. The level of care that is provided by Trevor is not up to the mark and is considered to be breached. This is because during the mid of the trip Trevor left the walkers alone in search of the new location knowing the fact that if the trekking is carried out in night then there are chances that injuries might be sustained by the walkers. He is aware of this fact because injuries have incurred before when the trip was carried out during night. The walkers have to return alone causing unnecessary hazards to them and Anna. Thus, the level of care is not achieved. He must have made sure that the trip has returned during day light. He must also make sure that no wine consumption should give taken during the trip. But, this duty was also breached as Anna has consumed the win during the trip. Thus, the level of care that is expected from Trevor is not met by him resulting in breach of duty of care. When the duty of care that is imposed upon the defendant is not met by him, then, in order to hold him negligent in his actions it is necessary that there must be injuries that are sustained by him (Carter V Walker(2010). It is only when the injuries are caused to the plaintiff that results in making the defendant negligent in his actions. (McKendrik Liu, 2015) But, the defendant is considered to be negligent only when the injury that is caused to the plaintiff is because of the actions of the defendant. There must be cause and effect relationship amid the actions of the defendant and the injuries that are sustained by the plaintiff. Thus, there is principle of causation that must be complying with, that is, the injuries that are caused to the plaintiff is because of the actions of the defendant. Also, the injuries that are caused to the plaintiff are of such a nature which are not too remote and must have been incurred because of the acts if the defendant. If the injuries are of such nature that they cannot be predicted reasonably or if the injuries are too remote which cannot be reasonably anticipated by the parties, then, there cannot be any negligence that is incurred by the defendant. In the given situation, because of the breach of duty of care by the Trevor, injuries are caused to the Anna. She stumbles down a hill side and resulted in causing her knee injured. Trevor is aware that if he does not bring back the group on time, that is, during day time because there were accidents that took place when the trekking was carried out during night, then there are chances of injuries that might be incurred to the trekkers. Thus, the injury that is caused to Anna is reasonably anticipated by Trevor and still no due action or care was provided by him. Also, the injuries are because of the breach of duty by Trevor, thus, there is presence of causation. Thus, damages have resulted because of the negligent act of the Trevor. So, there is duty of care upon Trevor which is violated by him causing him harm to Anna. So, Trevor is negligent in his actions. But, a defence is available to Trevor which he can use to reduce his liabilities. The defence of contributory negligence simply states that whenever the plaintiff is also negligent in his acts along with the acts of the defendant and it is not the defendant abalone who has caused the injury to the plaintiff, then, the defendant can take the defence of contributory negligence and can prove that it is plaintiff who has also contributed to his own loss along with the acts of the defendant (Vairy v Wyong Shire Council (2005) and thus the defendant alone should not be allowed to imposed with the liability and his liability should be reduced to the level of negligence caused by the plaintiffs actions. (A Freilich, 2000) Now, it is settled that Trevor was negligent in his actions and must provide compensation to the injuries that are sustained by Anna. However, he can take the defence of contributory negligence. It can be proved that the loss that is caused to Anna is not because of the acts of Trevor alone, rather, the loss that is caused to Anna is also because of her own contribution. Anna was directed by Trevor that she should wear sensible shoes and clothing. However, during the mid of the walk, she removed her runner shoes and wore heals which is one of the reasons of her fall. Also, during the walk, she consumed wine which made her restless and not fit for the walk. All these incidences have resulted in causing her to fall and sustain inquires. Thus, Trevor can take the defence of contributory negligence. Now, Anna can sue Trevor under the law of negligence and sue for damages and compensation for the losses that are incurred to her because of the breach of duty on the part of Trevor. But, Trevor is not liable for all the losses that are sustained by Anna. Trevor will only provide remedy for the loss that is caused to Anna because of his negligence and not for those liabilities which are incurred because of the acts of Anna herself. He can reduce his liability by taking the defence of contributory negligence. But, Trevor is not responsible for the loss of income which has resulted because Anna closed down her cafe. The closing down of cafe is not within the predictable damages and thus Trevor is not liable for the same. Guidance to Trevor and Anna It is suggested that Anna can prove in court that Trevor owns a duty of care against her which is not complied by him causing her injuries. Thus, she can prove that Trevor is negligent in his actions. But, Trevor can also prove that the loss that is caused to Anna is not solely because of his actions and that Anna has also contributed to her own loss by wearing heals and consuming wine. So, he can reduce his liabilities accordingly. Also, Trevor is not responsible to the loss of income from closing down of cafe as it is the loss which is too remote for Trevor to predict. Reference List A Freilich (2000) Contributory Negligence and Breach of Contract: The Implications of Astley v Austrust Ltd. Vol 29. C Witting, Tort Law, Policy and the High Court of Australia" [2007] MelbULawRw 23. McKendrik Liu (2015) Contract Law: Australian Edition. Palgrave Macmillan. Norman K, Who then in law is my neighbour?" - Reverting to First Principles in the High Court of Australia (2004). The Tort Law Review 12(2):pp. 85-97. P Latimer (2012) Australian Business law, CCH Australia Limited. Bryan v Maloney(1995). Burnie Port Authority v General Jones [1994] HCA 13. Carter V Walker(2010). Donohue v Stevenson (1932). Grant v The Australian Knitting Mills[1935] UKPC 2 Gala v Preston (1991). Introvigne v. Commonwealth (1981-1982) 150 CLR 258 Langridge v Levy (1837). Lagunas Nitrate Co v Lagunas Nitrate Syndicate Ltd (1899). Paris v Stepney Borough Council[1950]. Vairy v Wyong Shire Council (2005).
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