Law with Tort of Negligence Essay

The application is under s1 sale of goods act there is a contract form between me and Mandela where I have agreement, intention and consideration to buy the armchair from Mandela, thus contract is form. Besides that, armchair is considered goods and there is consideration of money where I paid Mandela for $1500 and lastly there is also transfer of property where I paid $1500 for the armchair from his shop. Hence, in conclusion the armchair that I purchased is under Sale of Goods Act. Another issue in the question is whether we can insist Tyson (owner) compensate me for $500 that I (buyer) spent on fixing the chair and either return the chair and insist upon a refund, specifically under consumer guarantees s 55 fitness for purpose? In the question the law would be s 55 ‘there is an implied guarantee that where the buyer expressly or by implication makes known to the seller the particular purpose for which the goods are required, and shows that judgment and seller, the goods must be reasonable fit for purpose’, based on the case Grant v Australia Knitting Mills and Wallis v Russell. In the question Tyson has breach s 55 fitness for purpose where he is selling furniture in his Classic Antiques Store but the furniture that he sell are fragile. In s 55 there is certain condition we must satisfy. First, buyer must express or the seller has known the buyer particular purpose for the goods they required. Second, has the buyer relied on the seller’s skill or judgment? Third, are the goods of a description which it is in the course of the seller’s business to supply? And lastly, has the buyer ordered the goods under their trade name so that it is clear there is no reliance on the skill of judgment of the seller? Based on the condition above, I had satisfied all the condition, where I express to Mandela (salesperson) that I want to use the armchair as my new house furniture. On the other hand, Mandela stated that ‘It is a solid old thing. I sit on it all the time. ’ Hence, I relied on his judgment and bought the armchair. Moreover, Tyson business are selling furniture’s where the armchair is considered as a furniture, thus it is also satisfied goods are descriptive under the course of the seller’s business. Lastly, although I didn’t buy the armchair based on the trade name, but I rely on the skill or judgment by Mandela. In conclusion, the seller has breach all the criteria in s 55 and under s 261 consumer have the right to choose either a refund or replacement of the products if supplier fail to fulfill with consumer guarantee, as a result I can insist Tyson compensate me for $500 for fixing the chair and also can return the chair and insist upon a refund. Â  Based on the question, the issues would be based on Mandela’s statement that ‘It is a solid old thing. I sit on it all the time. You will be used it safely for many years. Will it lead consumers to believe that it can be used as furniture and can be used safely for many years, specifically under consumer guarantees s 18 Misleading or Deceptive conduct? In the question, the law would be s 18 where ‘A corporation shall not engage in conduct that is misleading or deceptive or is likely to mislead or deceive’, based on the case of Eveready Australia Pty Ltd v Gillette Australia Pty Ltd ,Henjo Investment Pty Ltd & Ors v Collins Marrickville Pty Ltd and Taco Company of Australia Inc v Taco Bell Pty Ltd. In the application, there are 3 elements which must fulfill breach of s 18. First of all, Mandela engage in conduct with me that the armchair is safe and can be used for many years more which imply a false representation of the fact to me where the armchair was actually fragile. Furthermore, I purchase the armchair under trade and commerce whereby under mutual communication, and I negotiated 30minutes orally with Mandela (salesperson) to sell me the armchair with $1500. Moreover, Mandela conduct was misleading or deceptive where he stated he sits on the armchair all the time where he actually doesn’t sit on it and the fact that the chair was actually fragile. Refer to Taco Bell to determine whether the conduct is misleading or deceptive that there are certain criteria to justify whether they are mislead or deceived. First, the conduct is based on me which is justified the targeted by the conduct of the defendant. The time I was in Tyson’s shop, Mandela forms an erroneous conclusion to me, that the armchair is safe and can be used as furniture where it was not the fact. Hence, proves the conduct by Mandela skilled of being misleading or deceptive. In conclusion, Mandela has breach the 3 elements in s 18 of ACL for misleading and deceptive. Based on the question, Tyson is the owner of the shop (Principle), Mandela is the store manager and also salesperson (Agent) and I am the buyer (Third Party). In the question the issue is whether or not Mandela had authority to sell the chair at that price under Agency scope of an agent’s authority? Law is express authority where the agreement is created between agent and principal in the w ritten or oral form based on the case John McCann & Co v Pow. In addition, apparent authority is also applied here where the principle, either by words or conduct, may leads to third party mistaken to believe that an agent has authority to act on the principle’s behalf, based on the case Tooth & Co v Laws. Moreover, duty of agent where the agent must follow the lawful and reasonable instruction of the principle and be honest in performing the job is set by the principle’, based on the case Bertram, Armstrong & Co v Godfray. Hence in the application, Mandela has breach express authority under agency where he doesn’t follow the oral agreement by Tyson to sell the armchair for at least $3500 and he sold the armchair for me with $1500. Besides that, under apparent authority, Tyson either by words or conduct leads me to believe that Mandela has authority to contract on their behalf and I couldn’t know Tyson has instructed Mandela to sell the armchair for at least $3500. Based on the question, the issue is whether I can sue Tyson under tort of negligence and claim compensation? The law tort of negligence was recognized in the case Donoghue v Stevenson where the plaintiff must establish that, the defendant owed the plaintiff a duty of care, the defendant breached that duty, and lastly the plaintiff suffered damage as a result of the breach in tort of negligence. Hence in the application, Tyson (defendant) has owed a duty of care to me (plaintiff) based on the test and relationship. All the risk in the shop must be reasonable foreseeable, however the armchair was not reasonable foreseeable where the armchair looked nice but actually was fragile, even though Tyson does put a sign on the wall of the shop mention that ‘Please do not sit on the chair-fragile- considered sold if damaged’ but as a furniture shop, customers might need to try or test the quality of the products. In addition, there is a vulnerable relationship where Tyson hires Mandela as a manager and salesperson to control the shop, and I was reliant on Mandela, thus Mandela has the duty to protect my safety in the shop. Hence, Tyson has breach duty of care under magnitude of the risk of likelihood of the occurrence where the armchair was not covered or blocked to prevent customer sitting on it which same case as Bolton v Stone. Thus, he had fail to exercise the required standard of care due to the armchair being fragile and I sit on it, the chair had collapsed under my weight and has been injured when I fell to the floor. Hence, I have suffered damage due to the chair collapsed and I fell to the floor. However, Tyson have defenses to negligence under voluntary assumption of the risk where the plaintiff had full and absolute knowledge of the risk where defendant had actually put the sign on the wall that said ‘please do not sit on the chair- fragile- considered sold if damaged’. Besides that, the plaintiff had sufficient appreciation of that particular risk where plaintiff had saw the sign on the wall but ignore the sign. Lastly, there was voluntarily acceptance of that risk as the plaintiff knew the chair were fragile but doesn’t care and sit on the chair. Hence, at defendant point of view plaintiff should bear the risk. In conclusion, as I am the plaintiff I can sue Tyson under tort of negligence and claim for compensation, because Tyson should need to be more aware and cover or block the fragile furniture instead of just putting a sign on the wall due to customer might ignore the sign and sit on the chair.

Mass Communication History Essay

Mass communication is the study of how we get information to the greatest number of people as quickly and effectively as possible. This broad-based area of study has evolved from print and broadcast journalism to today’s Internet-connected social media community. As opportunities to communicate to larger audiences grew, universities started offering programs to help students learn how to best communicate with the masses. Basic to the study of mass communications is examining the important and memorable events that emerged along the way Communication to an Immediate Audience People and societies have been communicating with each other since the time of cave drawings and drums. Ancient cultures, such as the Chinese and Romans, communicated through plays and art works. The beginnings of print media were seen in China where movable clay type was invented in 1041. Monks and holy men copied the Bible by hand, but mass media really took off around 1439 whenJohannes Gutenberg‘s invention of movable type allowed the mass production and distribution of books. Although newspapers began in the early 1600s, many American colonists still relied on the town crier as their sole source of information. Communication Spreads to the Masses Digital History focuses on the period from 1880 -1920 as leading the rise of mass communication, with the introduction of the mass market newspapers featuring comic strips, fashion pages, sports news, and women’s pages. National mass circulation magazines, such as Ladies’ Home Journal, also began to appear at that time. Frank Doubleday started organizing book tours to make and promote bestsellers. Thomas Edison introduced us to the wonders of music with his phonograph. Advertising became popular in the late 1800s when the National Biscuit Company, which later became Nabisco, spent the unheard-of sum of one million dollars on a national advertising campaign. Others (like Campbell Soups, Heinz, and Quaker Oats) quickly followed suit in communicating their products’ benefits to the buying public. At the same time, schools of higher learning were beginning to realize that they needed to instruct students on these communication techniques. Although known more for its business degrees, The Wharton School of the University of Pennsylvania offered the first communications courses in 1893. The University opened an official school of communications 60 years later. However, Otterbein College in Westerville, Ohio is distinctly known for having the first communications program. Their program, which was founded in 1906, began awarding degrees in 1909. A Rapid Rise Communication programs at schools first focused on writing, publishing, and newspaper journalism. As photography, radio, and movies became part of the mainstream media, universities had to work hard to bring their programs up to date. In 1903, the movie The Great Train Robbery began to show the ability of the motion picture to tell a story. Marconi introduced wireless communications in 1895, which lead to commercial radio broadcasting in 1920 and television broadcasts in 1939. By 1922, movies had become so popular that they sold up to 40 million tickets a week. Walt Disney himself said, â€Å"Of all of our inventions for mass communication, pictures still speak the most universally understood language.† The first doctoral degree in mass communication was conveyed by the University of Iowa’s School of Journalism and Mass Communication in 1948. After World War II, class offerings in mass communication started growing dramatically as students looked for information on comm unicating through media such as magazines, radio, and television. A Bold New World of Mass Communication In the digital age, the possibilities for mass communication are growing even larger. Since the first commercial communication satellite was launched in 1960, communication possibilities have expanded to include Internet, social media, blogs, RSS feeds, podcasts, online video, and mobile media. In the 1990s, schools started offering courses in online communications. In 2007, Syracuse University’s S.I. Newhouse School of Public Communication introduced a digital newsroom to train the news reporters of the future. A degree in mass communication can take you in many directions—business, advertising, acting, journalism, public relations, government, and international relations—and into the future. But you have to take the first step and start by getting solid fundamentals offered in advanced degree programs. Examples of Major Corporations Deploying Mass Media Strategies Mass Media Strategies Make a Marketing Difference The study of mass communication can lead you in many exciting career  directions—politics, corporate marketing, charitable work, and more. Many organizations effectively utilize mass media strategies to get their message out to their target audiences. Savvy politicians are using social mass media strategies to reach today’s highly-connected generation of voters. Some mass media strategists are now using their knowledge and abilities to fight for change and equality in the world. The following examples highlight where a degree in mass communication could take you. Ford Fuses Mass Media Strategies to Sell the Fusion When Ford Motor Company introduced its new Ford Fusion in 2005, the manufacturer wanted to move from its traditional Taurus-driving family appeal to attracting younger, hipper drivers. The â€Å"Life in Drive† mass media strategy fused traditional television advertising with an online â€Å"Photo Fusion† interactive component to build awareness. The campaign helped Ford sell more than 23,000 Fusions in just three months and motivated the company to increase production quantities to meet demand. Olympus Uses Mass Media Strategies to Climb to the Top Olympus Imaging used an innovative â€Å"augmented reality† campaign to motivate prospective customers to try out a simulated version of their new portable digital camera. They relied on a mass media strategy to drive consumers to a website for an interactive tutorial and simulated product â€Å"test drive.† Olympus quickly managed to get a version of their product into the hands of over 50,000 potential buyers without ever asking them to walk into a store. In addition, a contest which motivated enthusiastic visitors to share their experience through social networks spread the news even further. Green Mass Media Strategies Help Book Authors See Green Results Similar to the results that can be seen in product marketing, a mass media strategy can also be effective in book marketing. When Shel Horowitz, a green marketing consultant, and his co-author, Jay Conrad, wanted to promote their book, Guerrilla Marketing Goes Green, they combined traditional media, social marketing , and green guerilla marketing elements to achieve success. The book was published in January 2010; three months later it was number one on Amazon’s environmental list. Using Social Mass Media Strategies to Become President Perhaps the best example of using today’s social mass media outlets to raise money, generate awareness, and build momentum is the Barack Obama Campaign for president in 2008. Through his campaign’s unprecedented use of social mass media, over 30 million dollars was raised by thousands of individuals and groups that were motivated to work on his behalf. Voters can count on seeing more of this effective use of mass media strategies in the 2012 presidential election campaign as traditional media costs soar and it becomes more difficult than ever before to reach a targeted voting audience. Using Mass Media Strategies to Effect Positive Change in the World Mass media strategies can also play a part in developing global strategic communications. The United Nations Entity for Gender Equality and the Empowerment of Women has effectively used a combination of community mobilization, outreach, and mass media to provide education, reduce violence, and develop initiatives to promote gender equality in developing countries around the world. In the United States, the Family Violence Prevention Fund used a mass media public service announcements strategy to promote the availability of a â€Å"Coaching Boys into Men† program that provided sports coaches with a â€Å"playbook† on how to talk to their teams about domestic violence. As more mass media opportunities are becoming available to promote products, services, and ideas, more mass media marketers will be needed to help develop and direct these campaigns. You can start building your knowledge and insight into the world of mass media with an online degree in mass communication. This program can give you an understanding of the various mass media strategies that are av ailable today and provide you with knowledge to help you make informed decisions in a world where mass integrated communication can make a massive difference.

Mirror by Sylvia Plath Essay Example | Topics and Well Written Essays - 500 words

Mirror by Sylvia Plath - Essay Example On its surface, Plath’s poem seems to be simply about a mirror and the woman who continues to look into it day after day. The story of the mirror is told from the perspective of the mirror itself as it stands nonjudgmental in the corner of a room and looking endlessly at the far wall, which is â€Å"pink, with speckles† (7). The mirror presents itself as nonjudgmental, but there are hints throughout the poem that it does judge those who look into it by the way in which they judge themselves. The second stanza of the poem allows the mirror to transform itself into a lake where (presumably) the same woman peeks in to search her reflection. In this stanza, time speeds up, first taking on human dimensions and then speeding into â€Å"each morning† (16) and finally counting down â€Å"day after day† (18) as the young girl becomes an old woman. The poem seems to capture the sense of time as it is experienced in a lifetime. In childhood, time is meaningless, it stands still and goes nowhere, like the mirror placidly sitting in the room and contemplating the pink wall. â€Å"I have looked at it so long / I think it is a part of my heart† (7-8) just like the child is a child for all of its experience and often thinks it will remain so. However, the wall, like childhood, â€Å"flickers. / Faces and darkness separate us over and over† (8-9) as the child begins to grow into a young woman. The second stanza makes this point much clearer as the young woman continues to look into the mirror for signs of the lost child and finds instead evidence of the aging woman. â€Å"She rewards me with tears and an agitation of hands† (13) when she looks for a fairer reflection such as what is seen by the romantic light of candles or the moon, yet she cannot deny the call of the reflection as she returns every day. Through this behavior, the mirror sees that she has â€Å"drowned a young girl, and in me an old woman This progression is very much like the passage of time in William

History of Policing in America Essay Example | Topics and Well Written Essays - 750 words - 1

History of Policing in America - Essay Example However, as colonies shifted into towns, as well as towns into big cities, the Justice of the Peace organization was not sufficient. It was time for a well structured and salaried police service unit. Nevertheless, during that time, there were no policewomen. Boston initiated Night Watch in the early 1600s, which worked logically well in areas where the settlers embraced a rural culture, as well as an agrarian lifestyle (London, 2006). New York City, on the other hand, in 1651, set up the Shout and Rattle Watch, but, in 1705, Philadelphia thought that it was necessary to split the city into ten patrol regions. This was, in reality, the first stab in the United States at "controlled law enforcement" as it was worth the effort (London, 2006). Sometime between the Civil Wars and Revolutionary, the over-rapid increase of industrialization and population in the United States mandated the development of metropolitan police departments. Philadelphia, in 1833, prepared an independent, 24/7 watch squad (London, 2006). In 1844, New York, in 1844, maintained two police units, one unit worked during the day and the other one took their shift at night. During this time, police departments were run by police chiefs, chosen and answerable to political bosses inharmoniously comparable to what was observed in the black and white police films of the 1950s. Corruption ran out of control. Another law enforcement technique that American inherited from Britain was The Sheriff System. As America migrated west, in a majority frontier townships, the sheriff was the main law enforcement officer (London, 2006). He could be hired from the local community, or more regularly a Sheriff was elected by his repute and the gloomier the representative, th e more likely he was to be selected.  

MARKETING Assignment Example | Topics and Well Written Essays - 3000 words

MARKETING - Assignment Example As a nutritional product, it is quite likely that the product will be influenced by various macro-economic features, such as demographic, cultural, economic, political, natural and technological environment of the economy. With this concern, the recent market trends can be identified as significant for the growth of a nutrition product such as â€Å"GoodHealth† and shall be considered in the process of developing a strategic marketing plan to specify the target market with a set of marketing objectives for the organisation. 2. Target Market The current market trends in Australia are identified to be quite supportive for the growth of nutritional products. Consumer persuasion towards the consumption of healthier food products such as cereals and fat modified milk is observed to be at a growth phase in the current market scenario of Australian food industry (Cleanthous & Thuraisingam, 2010). The product, â€Å"GoodHealth† is also based on these two main ingredients, i.e. milk and cereal containing low fat and nutritional particles with due consideration to the tastes and preferences of the potential customers. With these virtues, the target market of the product will be determined in the following discussion in light of few significant segmentation variables, i.e. demographics, geographic, current purchasing situation of the potential customers in the region, purchase ready factor of the product and the local environmental influencing factors. a. Demographics Researches have revealed that two particular age-groups of customers, i.e. children and adolescents included in the age group of 2-15 years and the adults aged above 65 years are recorded to consume larger amounts of cereal based food products in comparison to the age group of 16-64 years olds (Australian Bureau of Statistics, 2008). This can be apparently identified from the diagram represented below: Fig. 1: Age Distribution of the Consumption of Cereal Based Products in Australia Source: (Au stralian Bureau of Statistics, 2008). However, in the current market scenario, the trend to consume cereal based products is also at a rise among the age group of 16–40 years. It is worth mentioning that the population of Australia majorly comprises of two age groups, i.e. 16-64 years and 0-15 years (Australian Bureau of Statistics, 2010). Therefore, concentrating on the age group of children and adolescents included in the age group of 5-20 years and above 45 years shall provide with better growth opportunities to the product in future. b. Geographic Considering the age distribution in terms of population in Australia, the targeted geographic regions can be recognised as Western Australia, Australian Capital Territory and South Australia. Western Australia and Australian Capital Territory can be identified as the geographic regions of the economy to grow with immense rapidity in terms of population (Australian Bureau of Statistics, 2010) while, South Australia provides with a competitive benefit of larger consumption of cereal based products in comparison to other regions. However, the market structure of South Australia is termed to be highly competitive that shall create a constraint to the growth of the â€Å"GoodHealth† (Williamson, 2011). Evaluating these regions in terms of availability of raw materials and distribution facilities, Australian Capital Territory and South Australia can be termed as suitable locations for the launch of

Followership Essay Example | Topics and Well Written Essays - 1000 words

Followership - Essay Example Being a follower of decisions made by the leader entails following personal attributes of taking appropriate course of action, suiting the leader as well as to the situation unveiling. Crew Resource Management stipulates that an evident good art in following is critical in the event of the time constraint situation of the cockpit (Tony, 72). The five classifications of an aircrew follower are outlined below. These are those followers defined by the followership model, who do not come with much help in the event of a crisis during the flight. More often than not, they will sit at their destined positions offering very little help to the situation (if any), and they watch as their responsibilities go on with very little response from them. However, they may appear to mollify the team as they try to rectify the situation. The followership model awards the yes people with the most adverse characterized follower of the flight crew. These followers usually concur with every decision made by the pilot, regardless of its consequence to the situation. Normally, they are the most distinct followers of the aircrew team as they move all over the vessel trying to accomplish their possibly detrimental duties (Helmreich and Wilhelm, 26). These followers are very creative members of the crew and they possess very critical decisions in the crew membership (Shea and Robert, 290). However, their interests are hidden in their minds, giving no effort to try remedying the situation. They are mostly alienated by the crew as a whole, possibly by the organization as a whole, and they are pessimistic. They rely on the failure of others to justify their possible courses of action which they do not emulate. If not rehabilitated, they should be eliminated from the group. Helmreich and Wilhelm (32) reveal that survivor followers normally hold many of the junior flight crews

The Issues Of Medicating Kids Essay Example | Topics and Well Written Essays - 500 words

The Issues Of Medicating Kids - Essay Example Rob Gorski, the father to Gavin, says he cannot do without medicating his son with pills. Clozapine, one of the pills administered to Gavin, help him reduce the hallucinations and imaginary voices he hears. Lithium, on the other hand, is useful in stabilizing Gavin’s moods. Failure to take the drugs results in sleepless nights and uncontrolled impulses. Rob is not comfortable with the pill medication he administers to the son. In fact, he was reluctant at first and wrestled within before he started the medication. According to Rob, it is impossible for them to stay without administering the pills to the son. Rob argues that without the medication, their son’s quality of life of deteriorates. The above is an example of a genuine reason that justifies the use of pill medications because the child, Gavin, has an extreme condition (Park, 2011). Readings reveal an increase in the use of behavioral drugs by children. Most of the children, however, do not suffer from extreme health conditions. Intellectual disability and related behavioral disorders are some of the reasons that necessitate their uptake of pills. The trend is worrying, and experts warn that this is dangerous because there are instances where misdiagnosis appears. Children exposed to multiple drugs are susceptible to drug abuse as well as other side effects. Pavuluri, a doctor and pediatrics at the University of Illinois, cautions that drugs ought to be administered only in extreme cases where injury and hurt may result from such neglect. However, the medication is appropriate for children who have attained five years. Pavuluri further adds that people should visit pharmaceutical after behavioral therapies are done (Park, 2011).