LLB - UNIT 3 TORT 1 Essay Example | Topics and Well Written Essays - 500 words

LLB - UNIT 3 TORT 1 - Essay Example Violation of absolute right does not require the damage to be proved and it actionable per se, Ashby v. White4. The concept of Damnum5 and Injuria6 in relation to tortuous liability explains the real significance of legal damages. Damnum and Injuria are interrelated and determines act actionable or not actionable. These two factors have close relationship with tortuous liability. The relationship between these two terms is explained in the two maxims i) Injuria sine damno and ii) damnum sine (or obsque) injuria. Injuria sine damno: There are two torts one is actionable per se7 and the other is actionable only on proof of damage. Every person has an absolute right to immunity of his person, to his property, and to his liberty. Infringement of this right is actionable per se. In case of injuria sine damno a person whose rights are infringed has cause of action even though there is no actual loss or damage. Ashby v. White4 In this case a legally qualified vote of a person was refused maliciously causing injuria, but the person for whom voted was elected, causing no loss, held it is actionable applying the maxim injuria sine damno. Damnum sine injuria: In damnum sine injuria, where there is an actual and substantial loss (Damnum) without infringement of legal right (Injuria) no action leis. In a suit for damages based on a tort the plaintiff cannot succeed merely on the ground of damage unless he shows that the damage was caused by violation of his legal right. The following are the instances of Damnum sine injuria: Interception of percolating water:- A landowner and mill owner who had for about six years enjoyed the use of a stream, which was chiefly supplied by percolating underground water, lost the use of the stream after an adjoining owner dug on his own ground an extensive well for the purpose of supplying water to the inhabitants of the district. In

The other reason is that when my father comes home Essay Example for Free

The other reason is that when my father comes home Essay My room is my favorite place. The floor of my room is a golden brown carpet. A beige rug covers a small portion of the floor next to my bed. In an array of gloss and semi-gloss, shades of off-white cover these four walls. Entire sections are hidden by nearly a dozen posters of comic book characters, girls, or athletes. Along the top section of my wall I have my eight-teen hats. My room is about 10 feet by 10 feet so it is not too big or too small. I have a big window that is six and a half foot horizontally three feet vertically. When my window is looked out of one may view the front yard. I like having the window in the front a lot for two reasons one was so that when my friends come over kind of late they could knock on my window instead of ringing my door bell that way when they came if my dad was asleep they would not wake him up, he did not mind if they came over late just as long as his sleep was not disturbed. The other reason is that when my father comes home I am able to hear him so that way instead of coming home to find me watching television or talking on the telephone, which I was normally doing, he would come home to find me doing something constructive like reading a book or doing some homework which is the reason why I have my bed right by my window. Next to my bed is the same alarm clock I have had since the sixth grade. It was a Christmas present from my little brother. It is an Emerson alarm clock with a cassette and compact disk player. On the other side of the room are three things which were very important to me, my tv, my stereo and my bathroom. Every time I enter my room a feeling of lightheartedness comes over me. From the second I touch then twist that smooth brass doorknob to enter my room the negativity I face day to day is forgotten. In the winter my room is warm and cozy and in the summer my room is cool and comfortable. It is difficult for me to not want to lie in my bed upon entering my room when I know there is work to be done, from time to time I will lay down for five minutes or so then get to work. The feeling of my soft pillows against my head after a long day is one of the pleasures I am seldom robbed of when there is no work to be done. When I come to my room and there is no work that needs to be done I indulge in the comfort my room provides.

The Human Impact Of Climate Change

The Human Impact Of Climate Change Climate change concerns to a statistically momentous deviation in either the mean state of the climate or in its variability, remaining for an extensive period (normally decades or longer) (What is climate change, 2001). Climate change is term that adverts to any major and long-term change in average weather in a specified region or whole Earth. Fundamentally important variability of average weather over longer time period can be depicted as climate change. Climate change is due to natural internal procedures or external pressures, or to relentless anthropogenic alterations in the composition of the atmosphere or in land utilization. Earlier in the beginnings of earths history climate changes were normally induced by different vibrant processes on earth but recently it is caused by human activities. This is the reason that in our everyday talks the term climate change refers to climate change caused by global warming. The most disposed signs of climate change are glaciers that are presently melting at rapid level which entails climate change has already began. This time, climate change is only due to the recent human activities and had resulted in global warming process. Today, Global warming has become synonym for climate change due to its role in climate change. Undue emission of injurious greenhouse gases into atmosphere is causing a raise in average temperature that in turn is affecting the climate on Earth (What is climate change, 2001). The use of fossil fuels as a dominant aspect is continuing to emit CO2 and other greenhouse gases into atmosphere that is causing even more grave effects to climate change. With the rise in temperature globally effects like severe changes in weather patterns, climbing sea levels and increasing frequency and intensity of extreme weather is been experienced. The world most susceptible areas are around Earths poles and Africa and these areas had already started experiencing momentous increase in average temperature. The depressing fact is that one cant stop climate change and can only make attempt to adjust to it and not making it worse with its own activities. Our own activities induced global warming and at this time all of us are confronted with the climate change as our most prominent environmental challenge. Although, all of us are already aware of climate change but still lacking in our activities to stop further increase of greenhouse gases in the atmosphere. For dealing with this present environmental challenge, there is a need to work vigorously for a global agreement to control climate change and to take possible domestic actions to attain satisfying diminutions in our own contribution. Discussion Significance Scope of the Issue The management of the severe environmental challenge is essential as otherwise it could direct us towards drastic results. Already climate change is responsible for 300,000 deaths a year in accordance to former UN secretary general Kofi Annans think tank, the Global Humanitarian Forum. The study generated by the Global Humanitarian Forum also claims that approximate 300 million people in a year are affected by the outcomes of climate change (The Human Impact of Climate Change, 2009). Climate change is not only an all-encompassing menace but it is also an arbitrary threat-multiplier. With the affects of climate change a number of vulnerable communities of this planet can get destroyed (2009 Forum-Human Impact of Climate Change, 2009). The devastating effects of our development and measures for national, regional and global security are not measurable presently, but slowly or gradually its affects will start appearing along with destruction. The different studies done in this field projects that the increasing severity of events, like flooding and storms due to climate change will be accountable for approximately 500,000 deaths a year by 2030. Currently climate change is stimulating losses of over $125bn a year that is greater than the last year total of world aid. Anticipations exhibit that by 2030, losses could be around $600bn a year. With this weather related disasters problems like hunger, disease, poverty and lost livelihoods can increase (The Human Impact of Climate Change, 2009). If within coming 25 years, emissions are not brought under control the 310 million more people will start suffering with unfavourable health consequences connected to temperature gains, 20 million more people will fall under poverty and 5 million more people will be expatriate by climate change (The Human Impact of Climate Change, 2009). These statistics regarding the effect of climate change demonstrates that in present this is most significant environmental challenge that the world is facing. This need to be managed as soon as possible for everyone as otherwise it could lead to pressurize food production, decrease sanitation, and block economic development and degradation of ecosystems. Specific causes of Climate Change Climate change is the result of both the natural and human factors, but from some past decades it is mainly due to the subsequent human factors: The most prominent reason of climate change is releasing of greenhouse gases and aerosols into the atmosphere. From last two hundred and fifty years, the concentrations of greenhouse gases and carbon dioxide have increased due to the burning of fossil fuels for energy production. The more the countries are moving towards industrialization and development, the more they are affecting their environment, which is resulting in the climate change (Climate Change, n.d.). Another prominent reason of climate change is deforestation, which is related with agriculture and urban development and harvesting timber for fuel, construction and paper. When the ecosystems are altered and vegetation is either burned or took out, the carbon stored in them is relinquished to the atmosphere as carbon dioxide (What causes global climate change, 2005). Sulphate Aerosols and Black Carbon are other two crucial instances of anthropogenic forcings. Current industrial activities have recently increased the concentration of sulphate aerosols and black carbon in the atmosphere that is making imperative effect on our climate in the form of drastic weather events. Critical Analysis Evaluation of Environmental and Ecological Consequences Earlier, the Earths atmosphere was changed very little. The temperature and the equilibrium of heat-trapping greenhouse gases were appropriate for humans, animals and plants to stay alive but presently everyone is confronting problems in maintaining the balance due to increasing industrialization and development activities. For our own comfort of life and economic development, all of us are making increasing use of fossil fuels from heating our homes to creating energy (Shah, 2009). This is adding more and more greenhouse gases to the atmosphere that in turn is raising the warming potentiality of the natural greenhouse effect. This enhanced greenhouse effect is causing environmental and ecological concerns as it has the potency to warm the planet at a range that has never been went through in human history. This warming of the climate is resulting in more extreme weather patterns, chances for several ecosystems to adapt naturally are decreasing, sea levels are rising, glaciers are melting, ocean acidification is increasing and agricultural outputs are failing resulting in hunger. All these consequences are related with the use of fossil fuels that is the significant reason for CO2 emissions. The use of fossil fuels in turn is closely linked to economic growth, lifestyle and our culture. In present every human being is contributing to the CO2 concentrations in the atmosphere (Climate Change, n.d.). Though, the persons lifestyle and culture determines the amount emitted by him. The more flourishing a countrys economy is the superior is its fossil fuel consumption, ensuing in higher greenhouse gas emissions. Success of Solutions Proposed Applied Climate change is affecting the whole world. Number of developed and developing countries are working together to discover the solution of environmental challenge of climate change. From the time, this issues has emerged a number of efforts had been done some of which had attained success and some had failed. In June 1992, 154 countries signed the United Nations Framework Convention on Climate Change (UNFCC) that corresponded to alleviate the amount of greenhouse gases in the atmosphere at levels that would not cause destruction. In Kyoto, in December 1997, Japan, Canada and 160 other industrialized nations committed to cut down their greenhouse gas emissions, as component of an international agreement on climate change identified as the Kyoto Protocol. This eventually came into force throughout 2005 (Climate Change, n.d.). Till the time these efforts had not attained immense success but with these efforts modest emission reductions had been encountered from industrialised countries. Countries are trying to reduce their emissions as now they had become aware with its severe results. Conclusion With the detailed discussion it can be said that in present climate change is with us. A decade ago, it was only an assumption but currently the future is unveiling before our eyes. Canada is experiencing it in the form of vanishing Arctic ice and permafrost. Latin America and Southern Asia is seeing it in lethal storms and floods whereas Europeans are experiencing it in melting glaciers, forest fires and disastrous heat waves (Pearce, 2006). All these experiences of different countries disclose that the consideration regarding this environmental challenge is imperative as otherwise more and more countries of the world will start experiencing its effects. The present drastic change in the climate needs to be controlled for assuring an appropriate level of CO2 concentrations in the atmosphere as otherwise it could bring unpredictable changes in our environment and ecological system. For controlling this environmental challenge staying educated about climate change and supporting attempts to deliberate its progress are the things that everyone can do and should do. Our efforts regarding the climate change could make our economy more internationally competitive by creating expansion and jobs while raising less waste, pollution and greenhouse gases.

Romanticism in Keats Poetry Essay -- John Keats Sensual Language Essa

Romanticism in Keats' Poetry Keats uses various poetic techniques and themes to emphasise these ideas of romanticism the "the strange, the sensual and the dream". These themes and techniques are the back bone of the Ode's which allow the reader to feel and use their imagination which was the main reason Keats wrote his poems. Keats uses incredibly sensual language to illustrate how he is feeling and what he is imagining which gives the ode's a sensual feeling of being alive. In Keats' "Ode to Autumn" he is using a large amount of sensual language to try and take us to the place in his mind, his choice of words are hugely important for making Autumn a sensual Ode. In the first stanza he is focusing very much on the sense of taste and sight to paint the picture of summer ready to explode into autumn with words like "load", "fill", "ripeness", "swell" and "plump" these words are all very sense orientated with the desire to show the peak point before it all rots and turns to autumn. He uses the sensory language to generate an atmosphere he wants the reader to feel what he is feeling. The theme of sensual language continues into stanza two as the poem developes and as the season Autumn goes into this state of pure bliss. He uses highly sensual language like "oozing hours by hours" this is almost onomatopaeic as he is dragging us into the sense of stillness, this place he is describing is very relaxed a beautiful place to be in, he uses many vowels to get us into a drugged state of mind liek the season "fume of poppies" the language and the season is intoxicating a place of no worries. This stanza is very sensual it is slow moving and lazy "thee" this is the place Keats wants to be, this sensual language... ... seems a contriversal thing to say as it could also be seen as blasfemic putting a poet "priest" on the same pedastoole as God. His whole dream like state is extremly strange saying he is going to build a garden in his mind for psyche and to let "warm love in!" love is welcome to come in with him, this dream seems to be about the relationship between the soul and love. I do agree with this statement however I do feel there are some far more improtant and more widley used romantic ideals in his poems than the strange and the dream however sensual is a very important feature that runs through all of his Ode's whether it is describing beauty of art in Urn or nature in Autumn he uses sensual language in all of his Ode's and that is the main thing that makes the reader ask questions at the end after you have been taken to into his other reality, his dream.

Miranda v. Arizona Essay

Supreme Court Decision: The Supreme Court ruled 5-4 in favor of Miranda and it also enforced the Miranda warning to be given to a person being interrogated while in the custody of the police. Miranda Warning: You have the right to remain silent. Anything you say or do can and will be held against you in a court of law. You have the right to speak to an attorney. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights as they have been read to you? The Supreme Court held that Miranda’s constitutional rights were not violated during interrogation. Case Background: A Mexican immigrant residing in Phoenix, Arizona, Ernesto Miranda, was identified to be a suspect in the line-up of a woman who accused him of rape and kidnapping. Police then arrested and interrogated Miranda. It took up to at least two hours of interrogation by police until Miranda the confessed to the crimes. The confession was written. During the two hours of interrogation, police did not once mention Miranda’s neither Fifth Amendment Protection against self-incrimination nor his Sixth amendment right to have the right to an attorney. After Miranda’s confession the case was then taken to trial hosted by Arizona state court an prosecutors used the oral and written confession as evidence against Miranda. Miranda was then found guilty and he was convicted and sentenced to 20-30 years in prison on each count. The conviction was then upheld due to the fact the Miranda’s attorney appealed to Arizona’s Supreme Court which then led to the case being appealed to the United States Supreme Court which also connected the case with four other similar ones. The court later came to an agreement that it is mandatory that the police have the role of protecting the rights of the accused suspect guaranteed by the Fifth and Sixth Amendments. After the Supreme Court came to the ruling, the rights to be read were the named the Miranda Rights in honor of Ernesto Miranda.

Attention Deficit Hyperactivity Disorder Essays - Free Essays

Attention Deficit Hyperactivity Disorder Essays - Free Essays Attention Deficit Hyperactivity Disorder Understanding the Behavioral Disorder: Attention Deficit Hyperactivity Disorder (ADHD) Imagine living in a fast-moving kaleidoscope, where sounds, images, and thoughts are constantly shifting. Feeling easily bored, yet helpless to keep your mind on tasks you need to complete. Distracted by unimportant sights and sounds, your mind drives you from one thought or activity to the next. Perhaps you are so wrapped up in a collage of thoughts and images that you don't notice when someone speaks to you. "Tommy can't sit still. He is disruptive at school with his constant talking and clowning around. He leaves the classroom without the teacher's permission. Although he has above-average intelligence, Tommy has trouble reading and writing. When he talks, the words come out so fast no one understands him" (Rees, 1994). For many people, this is what it's like to have Attention Deficit Hyperactivity Disorder, or ADHD. They may be unable to sit still, plan ahead, finish tasks, or be fully aware of what's going on around them. To their family, classmates or coworkers, they seem to exist in a whirlwind of disorganized or frenzied activity. Unexpectedlyon some days and in some situations they seem fine, often leading others to think the person with ADHD can actually control these behaviors. As a result, the disorder can mar the person's relationships with others in addition to disrupting their daily life, consuming energy, and diminishing self-esteem. Attention Deficit Hyperactivity Disorder (ADHD) comes from the standard diagnostic reference of the American Psychiatric Association (APA). ADHD is a diagnosis applied to children and adults who consistently display certain characteristic Understanding ADHD 4. behaviors over a period of time. Hyperactivity has no single known cause and is therefore classified as a syndrome because it has a cluster of symptoms. It is generally characterized by excessive motor activity, short attention span, and impulsive behavior for a child's age. The most common behaviors fall into three categories: inattention, hyperactivity, and impulsivity. According to the DSM, signs of inattention include: ?becoming easily distracted by irrelevant sights and sounds ?failing to pay attention to details and making careless mistakes ?rarely following instructions carefully and completely ?losing or forgetting things like toys, or pencils, books, and tools needed for a task. (Frankovich, 1994) Some signs of hyperactivity and impulsivity are: ?feeling restless, often fidgeting with hands or feet, or squirming ?running, climbing, or leaving a seat, in situations where sitting or quiet behavior is expected ?blurting out answers before hearing the whole question ?having difficulty waiting in line or for a turn. (Frankovich, 1994) Under the criteria set by the APA, the diagnosis should include onset of the condition before age seven, lasting at least six months. There should also be a proven absence of mental illness or mental retardation. Parents can remove a huge burden of guilt from blaming themselves for their child's behavior. Knowing that scientists are finding more and more evidence that ADHD does not stem from home environment, but from biological causes. In the article ADHD Decade of the Brain, scientists find, "Not all children from unstable or dysfunctional homes have ADHD. And not all children with ADHD come from dysfunctional families" (1990). Some research shows that a mother's use of cigarettes, alcohol, or other drugs during pregnancy may have damaging effects on the child. Understanding ADHD 5. "These substances may be dangerous to the fetus's developing brain" (ADHD Decade of the Brain, 1990). One other theory that is not definite whether it is a definite cause or not is that refined sugar and food additives make children hyperactive and inattentive. As a result, many parents were encouraged to stop serving children foods containing artificial flavorings, preservatives, and sugars. There is no cure for ADHD. While research continues to help scientists understand the underlying causes, treatments have been developed to provide relief of symptoms. Management of the syndrome may involve more than one method. The primary ones are medication, psychological intervention, and diet. In extreme cases of hyperactive behavior, the physician may prescribe stimulant drugs which affect mood, the thinking processes and behavior. This controversial practice has been used since the 1930's to control hyperactivity. "The stimulants amphetamines like Ritalin, Dexedrine, and Cylert act on the nervous system, and have been shown to be effective in many studies. The drugs have a calming effect on hyperactive children" (Rees, 1994). Stimulants allow many people to focus and pay better attention, whether or not they have ADHD. The improvement is just more noticeable in people with ADHD. It is not easy coping with the frustrations of ADHD day