Gun Control Essays (703 words) - Gun Politics In The United States

Gun Control Essays (703 words) - Gun Politics In The United States Gun Control Gun Control: What Is It? One of the most hotly debated topics today is gun control. But what exactly is gun control? Is it making it so hard to own that it takes away from the game or leaves someone in fear of not being able to protect themselves? Could it be that it is there to protect the innocent from being gunned down by a lunatic? All these are good questions and that is why the topic is hard to define, both sides have their own feelings on the issue and it is hard to find a happy medium between the two, but one must try. Gun control doesnt have to be taking guns away or making them harder to get as much as controlling them and enforcing the laws that are already in effect. There are many different viewpoints on the issue of gun control. My personal viewpoint is that all citizens have the right to bear arms. If all of the laws were enforced that have passed legislation we would not need new laws making it harder for those that use firearms for sport and protection. The NRA(National Rifle Association) feels the same way. They feel that legislation would infringe on the constitutional rights of law-abiding citizens. They also believe that gun control is not making it harder to get guns by certain measures but by enforcing laws that are already in effect. They also say that only those laws would affect citizens that use their firearms legally because the people that commit crimes would get guns another way. People that are pro-gun control believe that gun control is to put stricter laws into effect making it harder to get a hold of guns. They believe that the age for purchasing a gun should be changed from eighteen to twenty one. Whatever the definition given by the various pro and anti gun controllers might be there are certain laws that help define gun control. In many states there are laws that allow citizens to carry concealed handguns. One of the largest states to enact this law is Texas and many citizens indicated they would carry a concealed hand weapon because they felt it was needed for self-defense (Goldman 121). There are also laws in many states that put a hold on weapons sold to do a background check. In the case of gun shows the waiting period would outlast the show itself. There are also laws being pressed to limit buyers to a limit of one handgun per month. So you have the opinions and you have the laws but the truest definition itself comes from the Bill of Rights, more specifically the second amendment. The hot constitutional question however is whether the Second Amendment protects states or individuals. The second amendment clearly secures a right of the people. As defined in the constitution itself, A well regulated Militia, being necessary to the security of a free State, the right of the people to bear Arms, shall not be infringed. States from New Hampshire to Kentucky all have laws that were passed entitling citizens to their right to carry weapons in times of defense whether for that of the state, country, or for personal protection. So now youve heard all the sides; personal, pro, anti, and legal arguments, there are many ways to see gun control. From stopping or trying to slow down sales to just getting tough and enforcing the laws already in effect gun control is a hot topic. However the best definition to interpret gun control is, enforcing the laws we already have in effect while also considering some new laws to protect us against the crime of America. We need to try to slow handguns down just stop the gun involved crimes by cracking down and enforcing the law. This may not be a happy medium to either side but it is the way that gun control is being defined at this point in time. Letting it be legal to carry a concealed weapon or firearm but also having certain laws for a waiting period and background check so that firearms dont end up in the wrong hands.

The End of Social Security Paper Checks

The End of Social Security Paper Checks The U.S. Department of Treasury began phasing out paper Social Security checks and other federal benefit checks on May 1, 2011. It required anyone applying for Social Security checks and other federal benefits on and after that date to receive their payments electronically. Those who began receiving Social Security checks before May of 2011 have until March 1, 2013, to sign up for electronic payments, the Treasury Department announced. Those who dont sign up to have their Social Security checks direct-deposited by that date would receive their benefits through the Direct Express card program. Getting your Social Security or Supplemental Security Income payment by direct deposit or Direct Express is safer and more reliable, Michael J. Astrue, the commissioner of Social Security, said in announcing the change. Whos Impacted by End of Paper Checks The change applied to Social Security, Supplemental Security Income, Veterans Affairs benefits, and anyone who receives benefits from the Railroad Retirement Board, Office of Personnel Management and Department of Labor (Black Lung). You dont have to worry about your check being lost or stolen and your money is available immediately on your payment date, Astrue said. There is no need to wait for the mail to arrive. In 2010, more than 540,000 Social Security and Supplemental Security Income paper checks were reported lost or stolen and had to be replaced, the Treasury Department said. Savings from End of Paper Checks Phasing out paper Social Security checks entirely is expected to save taxpayers about $120 million every year, or more than $1 billion over 10 years. Government officials also pointed out that eliminating paper Social Security checks will provide positive benefits to the environment, saving 12 million pounds of paper in the first five years alone. More than 18 million baby boomers are expected to reach retirement age during the next five years, with 10,000 people a day becoming eligible for Social Security benefits, said Treasurer Rosie Rios. It costs 92 cents more to issue a payment by paper check than by direct deposit. We are retiring the Social Security paper check option in favor of electronic payments because it is the right thing to do for benefit recipients and American taxpayers alike. What You Need to Do Now If you are applying for new benefits, you are now required to choose an electronic payment method, whether its a direct deposit of your Social Security check or other federal benefits into a bank or credit union account. When you apply for your Social Security check or other federal benefits, you will need: Your financial institutions routing transit number often found on a personal check;The account type, checking or savings;And the account number often found on a personal check. You can also choose to receive your Social Security check on a prepaid debit card or Direct Express Debit MasterCard card. What You Need to Do By 2013 If you currently get your Social Security check or other federal benefit payment on paper, you must switch to electronic payments before March 1, 2013. You can switch from paper checks to direct deposit at www.GoDirect.org, by calling the U.S. Treasury Electronic Payment Solution Centers toll-free helpline at (800) 333-1795, or by speaking with a bank or credit union representative. Anyone already receiving federal benefit payments electronically will continue to receive their money as usual on their payment day. No action is required. About Paper Social Security Checks The first monthly Social Security check was received by Ida Mae Fuller on Jan. 31, 1940, according to the Treasury Department. Since then about 165 million people have received Social Security benefits. The movement toward electronic payments has been steadily increasing, the Treasury Department said. By May of 2011, electronic payments made up more than three-quarters of all noncash payments nationwide. There were 5.7 billion fewer checks written in 2009 than in 2006, a decline of 6.1 percent per year - while electronic payments grew 9.3 percent during that same period. Among federal benefit recipients, about eight in 10 receive their Social Security check or other federal benefit payment electronically, according to the Treasury Department. What About Social Security Statements?   On January 9, 2017, the Social Security Administration also stopped mailing annual Social Security Statements to all workers under age 60. The Social Security Statement shows the worker’s expected monthly Social Security benefits based on their current and potential future income. Paper statements are still mailed only to workers age 60 and older three months before their birthday if they don’t receive Social Security benefits and don’t yet have a â€Å"my Social Security† account. Workers over age 60 will stop receiving their statements by mail once they set up their â€Å"my Social Security† account. Workers under age 60 can now view their personal Social Security Statement online only by using their â€Å"my Social Security† account. Using a â€Å"my Social Security† account, workers of all ages can view their Social Security Statement online at any time. With a free and very secure â€Å"my Social Security† account, workers of all ages, retired or not, can view online their personalized estimates of future benefits based on their real earnings, see their latest Statement, and review their earnings history. In addition, â€Å"my Social Security† can be used to request a replacement Social Security Card or check the status of an application, anytime. A â€Å"my Social Security† is free, secure, and easy to create at: https://www.ssa.gov/myaccount/.

Pierre Trudean Essay Example | Topics and Well Written Essays - 1000 words

Pierre Trudean - Essay Example Therefore, the Charter of Freedom and Rights was enacted and it aimed to keep the individual rights of the Canadians protected, irrespective of their race, caste, creed or religion. The charter would enable the individuals their fundamental rights without any bias or discrimination and it would give importance to the rights of the individuals rather than the laws of the state. Therefore, Trudeau, through the charter, provided the basic rights to every single Canadian, thus influencing their lives to a great extent. Trudeau became a charismatic leader once he started working as the Minister of Justice, in Montreal and he contributed to the passing of bills regarding social welfare measures such as making the gun and arms law stricter and also bringing various reforms in laws that relate to homosexuality as well as abortion. His followers were inspired by Trudeaumania, the nickname given to Trudeau for the outstanding role he played in the Liberty Party, by inspiring each member to str ive towards serving for the country and its people. He drove political factors in the country and encouraged as well as brought to the fore various beneficial reforms starting from the 1960s to the mid 1980s, which included patriation that would increase the federal economic power in the country and also led to institutional changes like the forming of supreme court. He also contributed to the country gaining independence from Britain, as Queen Elizabeth II announced Canada to be exempted from the rule of the British Parliament when Trudeau was in power. Trudeau further increased the economic stability of the country by extending its trade relationships with other countries and he also envisioned peace through various international disarmament discussions he encouraged and attended. The increased economic stability in the country would in turn lead to increase in the purchasing power of the citizens, thus influencing and improving their lifestyle to a large extent. Trudeau had a lot of admirers and followers who praised him for his brilliant intellect and also saluted his political shrewdness in safeguarding the interests of the nation and also unifying it as one. According to Laforest, Trudeau became increasingly â€Å"reconciled with Canadian nationalism† (125) and he did all in his power to inflict feelings of nationalism and patriotism in the people of Canada by strengthening â€Å"the charter to mobilize public opinion† (147). He was also greatly responsible for the Quebec autonomy movement, which restrained an aggressive rebellion on part of the people. Therefore, the presence of Trudeau proved to be a golden era for the people in the country. Analysis Trudeau introduced the landmark Criminal Law Amendment Act in 1968-69. He won his presidency with the majority of votes. He formulated some important laws including Official Languages Act, which guaranteed bilingualism in the civil service. â€Å"If there is any crisis, it is fundamentally b ecause Mr. Trudeau was victorious in his battle against the dualist ideas of Quebec politicians and intellectuals† (Laforest 4). Trudeau Et la Fin D'un Re?ve Canadien In 1970, there was a severe threat for the national security, due to the attack from the terrorist group, Front de liberation du Quebec. Trudeau stood his ground against the terrorist gro

Samsung Electronics Case Study Example | Topics and Well Written Essays - 750 words

Samsung Electronics - Case Study Example Buyer power, which is another of porter forces, is also very strong because high competition and knowledge to consumer through advertising enlighten them and they become powerful. Similarly, Supplier power is weak because each of these firms can choose to take electronic supply from many companies serving this industry. Substitute products force is also high because of influx of "made in China" goods in the industry and firms operating in this industry are vulnerable to cheap products from China. Threat of rivalry is very high in this industry, because of various competing brands such as LG, Sony, and Panasonic etc. The driving force in this industry is the lust to get more and more market share. Many firms operating in this industry are trying to achieve this by attracting consumers towards their products through persuasive and informative advertising and reduced prices that they offer to the customers. In the past years, it has been observed that quality and price are the factors t hat play the most important part in the success of firms operating in this industry (Daft, 1997). However, look at the overall condition and recessionary trend in the world economy; it is very hard to predict that the firms operating in this industry will continue to remain profitable. ... The strategy that Samsung is following to remain competitive in the market is continuous research and development. This helps Samsung to develop new products before its competitors and attract new market share. SWOT ANALYSIS: STRENGTHS: Samsung earns the highest revenue in the industry Samsung has a good brand name due to the reliability of its products Good After-Sales Services and Friendly Staff Rigorous training is given to all employees and especially managers WEAKNESSES: Lagging behind other firms in the mobile phone sector Samsung is a very large company, which results in diseconomies of scales and higher prices than its competitors Samsung is experiencing higher cost of production than its competitors OPPORTUNITIES: Industry is growing at the rate 10% Many investors are willing to invest in this industry, and as a result there is good chance for companies like Samsung to Capitalize their reputation THREATS: This industry is highly competitive, so any minor mistake can doom the company's reputation The cost of production is rising due to shortage of Skilled workers and hike in the salaries of workers Samsung prices are very competitive to its competitors apart from one or two of their products. Samsung has always tried to remain competitive in terms of prices and this is a result that it is enjoying the highest market share in the industry. The company is competitively very strong when compared to its rivals. Its focus on "HOT DESIGN, Lower Prices" has yielded good reputation for the company and it has seen sky-rocketing growth both in the revenues and market share. The only strategic problem that the company must address is that they must

Michael Porter’s Five Forces Essay -- Business Strategy Analysis

Porter’s 5-Force Analysis Michael Porter’s 5-forces can be used to analyze an industry and help shape and create a â€Å"competitive strategy† (Porter, 6). Understanding each of the five forces and how they interact with one another provides a clear picture of the degree of competition being faced within an industry, and therefore its relative attractiveness. The understanding cannot provide an advantage; it is what you do with the understanding. Without the understanding, a strategy can be at risk of being unrealistic. Michael Porter’s 5-force Analysis is a tool for the structural analysis of industries. There are 5 forces that always shape the competitive structure of an industry: Supplier Power, Barriers to Entry, The Threat of Substitutes, Buyer Power, and Industry Rivalry. I. SUPPLIER POWER Supplier power is the ability of a supplier to control the cost and supply of the inputs in the market. The supplier power of an industry can be altered in many ways: 1) Differentiation of Inputs – If a company needs various inputs from different suppliers, then those suppliers have a high power. 2) Switching Costs for Transferring to Other Suppliers - Supplier power is high if the cost to switch over to a new system is high. 3) Availability of Substitutes – If the raw material that’s needed for manufacturing can be replaced with alternatives, the supplier power is low. 4) Supplier Concentration – The fewer suppliers there are, the higher the supplier power. 5) Suppliers’ Dependence on Volume – If suppliers are dependent on supply volume, then the supplier power is low. 6) Cost Relative to Total Purchases in the Industry – If a company thinks that they are being overcharged, they may switch to another supplier. 7) Impac... ...dia.net (30 January 2003) Legamedia.net is mainly a foreign website written in Dutch about Porter’s Analysis. 6. http://panko.com (30 January 2003) This website is a Ray R. Panko’s personal business website. Ray Panko is a Professor at the University of Hawaii and has written a number useful sources about information systems and communications. 7. http://www.quickmba.com (29 January 2003) This website includes a detailed summary of Porter’s Analysis. Information used from this site includes a diagram of Porter’s Five Forces. 8. http://www.themanager.org (31 January 2003) This website offers a description of various management tools including Porter’s Five Force Analysis. 9. Porter, Michael E. Competitive Strategy. New York, New York: The Free Press, 1980. This book written by Michael Porter is unaltered information about his theory.

Outline and Evaluate Social Psychological Theories of Aggression

Social Learning Theory Social Learning Theory is based on the fact that people learn from one another, via observation, imitation, and modeling. Social learning theory explains human behaviour in terms of continuous mutual interaction between cognitive, behavioral, and environmental influences. Outline of research: Bobo Doll experiment The Bobo doll experiment was conducted by Bandura and studied patterns of behaviour associated with aggression. Bandura carried out this study to look at social learning, where people learn through imitation.He used children, because they generally have less social conditioning. Bandura wanted to expose children to adult models exhibiting either aggressive or nonaggressive behaviours. Then, in a new environment without the adult model, he wanted to observe whether or not the children imitate these adult model aggressive or nonaggressive behaviours. Evaluation of Research 1. Cause and effect can be established as it could be demonstrated that the model did have an effect on the child's resulting behavior because all variables other than the IV are being controlled. . Artificial as hitting a doll isn’t the same as hitting a person, as there is no evidence that young children intend to harm bobo in modeling experiments. 3. The bobo doll experiments are reliable as many other studies support the fact that children learn by imitating others. Outline of research: Family background of aggression Patterson’s study was conducted using interviews and questionnaires and comparing families with at least one highly aggressive child to other families. His findings suggested that a coercive home enviroment may cause aggressiveness.This is an enviroment which little affection is shown as they don’t use social reinforcement they use punishment and shouting and other aggressive tactics for behavioural control. Evaluation of Research: 1. Has high ecological Validity as it relates to real life situations. 2. the research is base d on long-term influences on aggression, which therefore shows that it’s more useful then studies which look at short term influences. 3. real life situations, not all variables can be controlled which could effect the behaviours which therefore means cause an effect are not conclusive.Overall Evaluation of the theory 1. It has a lot of support from laboratory experiments such as the Bobo doll series of studies. However it lacks ecological validity and this does reduce the theory’s ability to clarify real life aggression. 2. Real life research such as Patterson demonstrates that role models are important in the development of anti-social behaviour. Therefore theses studies support the SLT. 3. Lacks population validity as the key studies are done with children as the main participants so cannot be linked to older people. DeindividuationDeindividuated people are more likely to be aggressive because of a loss of individuality which leads to reduced self-restraint. Deindiv iuation is the loss of self awareness and sense of personal responsibility, people normally avoid acting in a aggressive manners partly as it’s seen as vulgar behaviour an as they are identifiable to society. However being anonymous in a crowd means reducing inner restraints and increasing behaviours that are usually inhibited, Studies such as Zimbardo have provided evidence that deindividuation can be an explanation for aggression.Outline research evidence: Zimbardo Zimbardo aimed to try and find if anonymity was a key factor in deindividuation. In an experiment very similar to Milgrams – he found that in his anonymous group they gave twice as many shocks as high control group even when told the learner was critical. He then concluded that anonymity was the reason for this and it lead to that groups added aggression. Evaluation of research 1. Could be said that neither study actually measures physical aggression as the participants do not physically harm each other. . Because it is not a real life situation participants may not behave in there natural and usual way, meaning it lacks ecological validity. 3. Does not show whether the uniform worn is important to behaving aggressively which raises questions as to whether it is another factor. Outline research evidence Football Hooliganism, which was where Marsh investigated the crowds of football fans to establish whether their high level of excitement and anonymity lead to deindividuation and aggression.From this experiment Marsh concluded that aggression is one of the norms of the group, as group membership is likely to lead to aggressive behaviour, however it can also be controlled aggression. Overall Evaluation of Evidence: 1. Because it is not a real life situation participants may not behave in there natural and usual way, meaning it lacks ecological validity 2. Deindividuation means one tends to abandon personal control. The results of the research could be taken to imply that deindividuatio n can increase conformity to certain social norms and its high levels of conformity to a group rather than itself, which leads to aggression. . Evidence shows that it does not always lead to aggression, which is a difficulty as its not always true. General Points All three have good supporting evidence and so they have reliability in explaining aggression. The theories all focus on social psychology and tend to underestimate and ignore the other possibilities for the aggression such as biological influences.References: http://en. wikipedia. org/wiki/Bobo_doll_experiment http://www. learning-theories. com/social-learning-theory-bandura. html http://psy. ex. ac. uk/~tpostmes/PDF/05deindividuation. pdf

Principles of Liability in Negligence in Business Activities - Free Essay Example

Sample details Pages: 10 Words: 2913 Downloads: 6 Date added: 2017/06/26 Category Business Essay Type Research paper Level High school Did you like this example? Assignment 2 of 2 Aspects of Contract and Negligence for Business Ingrida Miseviciute Table of Contents Task 1 (AC3.1)1 Task 2 (AC3.2)2 Task 3 (AC3.3)3 Task 4 (AC4.1)4 Task 5 (AC4.2)5 References6 LO 3 Understand principles of liability in negligence in business activities Task 1 (AC 3.1) Liability in Tort Contractual liability Definition: Don’t waste time! Our writers will create an original "Principles of Liability in Negligence in Business Activities" essay for you Create order A tort is a legal term describing a violation where one person causes damage, injury, or harm to another person. The violation may result from intentional actions, a breach of duty as in negligence, or due to a violation of statutes. Explanation: The party that commits the tort is called the tortfeasor. A tortfeasor incurs tort liability, meaning that they will have to reimburse the victim for the harm that they caused them. In other words, the tortfeasor who is found to be à ¢Ã¢â€š ¬Ã…“liableà ¢Ã¢â€š ¬Ã‚  or responsible for a personà ¢Ã¢â€š ¬Ã¢â€ž ¢s injuries will likely be required to pay damages. Damages: Under most tort laws, the injury suffered by the plaintiff does not have to actually be physical. A tortfeasor may be required to pay damages for other types of harm, including emotional distress or a violation of personal rights. Types: Joint Liability Vicarious Liability Liability to/for Third Parties Plaintiff/victim Liability Strict Liability Parent Liability. Definition: Contractual liabilityis defined as liability that does not arise by way of negligence, but by assumption under contract or agreement. Explanation: A contract is a legal binding agreement between two or more persons. When you sign, or agree to the terms of a contract, then you have accepted the contractual liabilities set forth in the document. Damages: Liabilities are things that you can be held accountable for, and may have to repay or replace, in the event that they occur. For example, a renterà ¢Ã¢â€š ¬Ã¢â€ž ¢sagreement may state that, If upon moving out of the premises stated in the contract, any part of the premises is destroyed, you may be accountable for and have to pay to repair, or replace the damage. Types: Contractual liability can take many forms, but is basically holds you accountable for damages that are stated in the contract. For example, Commercial contracts, domestic contracts and so forth. Task 2 (AC3.2) Negligenceis a failure to use reasonable care that results in harm to another party. There are four important elements to a negligence lawsuit that must be proven: The defendant owed a duty, either to the plaintiff or to the general public The defendant violated that duty The defendants violation of the duty resulted in harm to the plaintiff The plaintiffs injury was foreseeable by a reasonable person. Donohughe V Stevenson (1932) This famous case established the civil law tort of negligence and obliged manufacturers to have a duty of care towards their customers. The events of the complaint took place in Scotland in 1928, when Ms May Donoghue was given a bottle of ginger beer, purchased by a friend. The bottle was later discovered to contain a decomposing snail. Since the bottle was not of clear glass, Donoghue was not aware of the snail until she had consumed most of its contents. She later fell ill and was diagnosed with gastroenteritis by a doctor. Donoghue subsequently took legal action against the manufacturer of the ginger beer, Stevenson. She lodged a writ in the Court of Sessions (Scotlandà ¢Ã¢â€š ¬Ã¢â€ž ¢s highest civil court) seeking  £500 damages. Because her friend had purchased the drink, Donoghue could not sue on the basis that a contract had been breached; her lawyers instead had to claim that Stevenson had a duty of care to his consumers and that he had caused injury through negligence à ¢Ã¢â€š ¬Ã¢â‚¬Å" an area of civil law that was largely untested at that time. Stevensonà ¢Ã¢â€š ¬Ã¢â€ž ¢s lawyers challenged the action on the basis that no precedents existed for such a claim. However Donoghue was later granted leave to appeal to the House of Lords, which then had the judicial authority to hear appellate cases. The leading judgement, delivered by Lord Atkin in 1932, established that Stevenson should be responsible for the well-being of individuals who consume his products, given that they could not be inspected. The case was returned to the original court; Stevenson died before the case was finalised and Donoghue was awarded a reduced amount of damages from his estate. This case established several legal principles: Firstly, that negligence is a distinct tort. A plaintiff can take civil action against a respondent, if the respondentà ¢Ã¢â€š ¬Ã¢â€ž ¢s negligence causes the plaintiff injury or loss of property. Previously the plaintiff had to demonstrate some contractual arrangement for negligence to be proven, such as the sale of an item or an agreement to provide a service. Since Donoghue had not purchased the drink, she could prove no contractual arrangement with Stevenson à ¢Ã¢â€š ¬Ã¢â‚¬Å" yet Atkinà ¢Ã¢â€š ¬Ã¢â€ž ¢s judgement established that Stevenson was still responsible for the integrity of his product. Secondly, manufacturers have a duty of care to consumers. According to Lord Atkinà ¢Ã¢â€š ¬Ã¢â€ž ¢s ratio decendi, à ¢Ã¢â€š ¬Ã…“a manufacturer of products, which he sells à ¢Ã¢â€š ¬Ã‚ ¦ to reach the ultimate consumer in the form in which they left him à ¢Ã¢â€š ¬Ã‚ ¦ owes a duty to the consumer to take reasonable careà ¢Ã¢â€š ¬Ã‚ . This precedent has evolved and expanded to form the basis of laws that protect consumers from contaminated or faulty goods. Thirdly, Lord Atkinà ¢Ã¢â€š ¬Ã¢â€ž ¢s controversial à ¢Ã¢â€š ¬Ã‹Å"neighbour principleà ¢Ã¢â€š ¬Ã¢â€ž ¢. Here Atkin raised the question of which people may be directly affected by our actions, our conduct or things we manufacture. à ¢Ã¢â€š ¬Ã…“You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who, then, in law, is my neighbour? The answer seems to be: persons who are so closely and directly affected by my act that I ought to have them in [mind] when I am I am [considering these] acts or omissions.à ¢Ã¢â€š ¬Ã‚  Task 3 (AC3.3) Vicarious liability is a situation in which one party is held partly responsible for the unlawful actions of a third party. The third party also carries his or her own share of the liability. Vicarious liability can arise in situations where one party is supposed to be responsible for (and have control over) a third party, and is negligent in carrying out that responsibility and exercising that control. If an employee injures someone in the course of their employment, the employer may be subject to vicarious liability. This simply means that the injured person may be able to win compensation for the harm from the employer, rather than the employee. This is not to say, though, that the employee can always count on getting away scot-free. Even if there is vicarious liability, the injured person does not necessarily give up any right he may have to pursue the employee individually. If, for some reason, the injured person is unable to get full compensation from the employer, then he might seek to recover the balance from the employee. In addition, the employer may well seek reimbursement for any amount paid to the injured person (although in practice this rarely occurs). Generally, employers dispute vicarious liability claims on the following grounds: The person who caused the harm was not an employee, but an independent contractor or other non-employee worker; The employee did not harm the injured person in the course of the employees employment. An illustration of the test is provided by two contrasting cases, [Limpus v London General Omnibus Company] and [Beard v London General Omnibus Company], both involving road collisions. In the former, a driver pulled in front of another rival omnibus, in order to obstruct it. Despite express prohibitions from the employer, they were found liable; this was merely an unauthorised mode of the employee carrying out his duties (driving), not an entirely new activity. By contrast, in the la tter case, London General Omnibus Company were not liable where a conductor (employed to collect fares on board the bus) negligently chose to drive the vehicle instead; this was completely outside of his duties. LO 4 Be able to apply principles of liability in negligence in business situations Task 4.1(AC4.1) A tort, in common law jurisdictions, is a civil wrong which unfairly causes someone else to suffer loss or harm resulting in legal liability for the person who commits the act. Although crimes may be torts, the cause of legal action is not necessarily a crime, as the harm may be due to negligence which does not amount to criminal negligence. The victim of the harm can recover their loss as damages in a lawsuit. In order to prevail, the plaintiff in the lawsuit must show that the actions or lack of action was the legally recognizable cause of the harm. The equivalent of tort in civil law jurisdictions is delict. Tort law is different from criminal law in that: (1) to rts may result from negligent but not intentional or criminal actions and (2) tort lawsuits have a lower burden of proof such as preponderance of evidence rather than beyond a reasonable doubt. Sometimes a plaintiff may prevail in a tort case even if the person who caused the harm was acquitted in an earlier criminal trial. For example, O.J. Simpson was acquitted in criminal court and later found liable for the tort of wrongful death. Torts may be categorized in several ways, with a particularly common division between negligent and intentional torts. The standard action in tort is negligence. Negligence is a tort which arises from the breach of the duty of care owed by one person to another from the perspective of a reasonable person. The majority determined that the definition of negligence can be divided into four component parts that the plaintiff must prove to establish negligence. The elements in determining the liability for negligence are: The plaintiff was owed a duty of care through a special relationship (e.g. doctor-patient) or some other principle. There was a dereliction or breach of that duty. The tortfeasor directly caused the injury [but for the defendants actions, the plaintiff would not have suffered an injury]. The plaintiff suffered damage as a result of that breach. The damage was not too remote; there was proximate cause to show the breach caused the damage. Elements of Negligence Proximate cause Proximate cause means that you must be able to show that the harm was caused by the tort you are suing for. The defence may argue that there was a prior cause or a superseding intervening cause. A common situation where a prior cause becomes an issue is the personal injury car accident, where the person re-injures an old injury. Duty of care It arises when one party creates a scenario that has the potential to harm the other party. Duty focuses on relationship between the two parties: The test whether the defendant owes a duty of care to plaintiff includes: Would a reasonable person have foreseen that the actions would have caused harm to the plaintiff? Reasonable person represents an objective standard. Breach of duty Breach of duty occurs when a à ¢Ã¢â€š ¬Ã…“reasonable personà ¢Ã¢â€š ¬Ã‚  is not exercising the degree of care that would have expected from him/her in that situation. Reasonable person is an average person. It does not require perfection, but takes into account that an average person does not foresee every risk. The average person is not assumed to be flawless, but ordinarily careful and prudent. Actual Harm Actual harm could be in the form of physical or emotional injuries, property damages or financial loss. The main remedy against tortious loss is compensation in damages or money. According to the scenario, Chris was in an internet cafe. He got up to purchase a coffee and was slipped on some water that was on the floor and broke his arm. This depends upon the intention of Chris. If Chris slipped intentionally and did foresee this accident, then the cafeà ¢Ã¢â€š ¬Ã¢â€ž ¢ will not be responsible for the damages caused. If this is not the case, t hen the elements of negligence need to be applied to see if Chris can claim the damages. Negligence is important aspect to look at, means that the defendant (the cafeà ¢Ã¢â€š ¬Ã¢â€ž ¢) failed to act in a reasonable manner under the circumstances. For example, it is reasonable to expect that the cafeà ¢Ã¢â€š ¬Ã¢â€ž ¢ placed a warning signs in recently mopped areas or wet surface. If this is not done, then it means that the cafeà ¢Ã¢â€š ¬Ã¢â€ž ¢ did not fulfil the duty of care. Chris can claim damages as a result of it as he slipped and broke his arm. There are various implications on the scenario in terms of duty of care, negligence (intentional or otherwise) and it is up to the court to decide the outcome. Task 5 (AC4.2) Two clear elements must be established in order to establish a vicarious liability: Was the tortfeasor the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s employee; and Was the tortfeasor acting in the course of his or her employment at the time the tort was committed. The existence of a relationship of employer and employee Many tests have been suggested for distinguishing between a contract of service and a contract for services. These include: Control test Ready Mix Concrete Ltd v Minister of Pensions and National Insurance (1968) Integration test à ¢Ã¢â€š ¬Ã¢â‚¬Å" Stevenson Jordan Harrison Ltd v MacDonald Evans (1952) Organisation Test à ¢Ã¢â€š ¬Ã¢â‚¬Å" Albrighton v Royal Prince Alfred Hopital (1980) à ¢Ã¢â€š ¬Ã…“The ultimate question will always be whether a person is acting as the servant of another or on his own behalf and the answer to that question may be indicated in ways which are not always the same and which do not always have the same significanceà ¢Ã¢â€š ¬Ã‚ . Conclusion as to whether defendant is an employer or contractor. If the defendant is an independent contractor the employer canà ¢Ã¢â€š ¬Ã¢â€ž ¢t be vicariously liable for the acts of that contractor. The employer will only be liable (as a primary liability) if the employerà ¢Ã¢â€š ¬Ã¢â€ž ¢s tortious duty is, in law, non-delegable: Kondis v STA; Burnie Port Authority v General Jones Pty Ltd. Was the employee acting within the course of employment? General rule is that whilst acting in the course of employment the employer is not vicariously liable for independent wrongful acts of employees (Bugge Brown). In determining the scope of the employment relationship the actions of the employee must be reasonably incidental to employment i.e. the employer is not vicariously liable if the employee is on a frolic of their own (Joel v Morison). (Situations to consider the necessary authorities) Wrongful mode of completing authorised act à ¢Ã¢â€š ¬Ã¢â‚¬Å" employer vicariously liable (Bugge Brown) Express prohibition by employer not necessarily a defence if the employeeà ¢Ã¢â€š ¬Ã¢â€ž ¢s act was still a mode of doing what he employee was employed to do à ¢Ã¢â€š ¬Ã¢â‚¬Å" employer vicariously liable (Century Insurance Company v Northern Island Road Transport). Acting outside scope of employment relationship à ¢Ã¢â€š ¬Ã¢â‚¬Å" employer not vicariously liable (Koorang Investments v Richardson). Driving cases For example, there are a number of truck driving cases where the court has had to decide whether the driver was acting within the course of his employment when driving the vehicle outside a designated route. Essentially, the pattern seems to be that if the drivers job is to get from Point A to Point B, and his detour from the designated route was simply another way of getting to Point B, then he is acting within the course of his employment. On the other hand, if the driver takes a detour for some other, non-business purpose (such as picking up a girlfriend and taking her shopping) then he would likely be regarded as acting outside the course of his employment. According to the scenario, Trevor is a driver who drives a lorry for a Haulage firm. He delivers deliveries for the company which suggests that he is an employee of the firm. Whilst at work, he detours the lorry and meets his girl friend. This is a non business purpose which means he is acting outsi de the scope of his duties. As he leaves his girlfriendà ¢Ã¢â€š ¬Ã¢â€ž ¢s house to continue deliveries, he negligently crashes into a car park. As stated above, two conditions must be met in order to establish a vicarious liability: was the tortfeasor the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s employee; and Was the tortfeasor acting in the course of his or her employment at the time the tort was committed. In this case, the tortfeasor was Chris and the defendant is the Haulage firm. Chris was an employee and also he was acting in the course of his employment to meet his girlfriend and later on crashes his lorry. The vicarious liability is established and hence Chris is liable and not the haulage firm. References Tort Liability (2014). Available: https://www.legalmatch.com/law-library/article/tort-law-liability.html. [Last accessed 10 March, 2014] Donoghue V Stevenson (1932). Available: https://lawgovpol.com/case-study-donoghue-v-stevenson-1932/. [Last accessed 12 March, 2014]. Negligence (2014). Available: https://www.lawyersandsettlements.com/lawsuit/negligence.html?opt=cutm_expid=36075225.Uj6X3hD9S1KR79nt0Iy0tA.1utm_referrer=https%3A%2F%2Fwww.google.co.uk%2F#.UySBAj9_sSM. [Last accessed 12 March, 2014] Accidents and injuries (2014). Available: https://www.findlaw.co.uk/law/accidents_and_injuries/accident_claims/500045.html. [Last accessed 13 March, 2014] Vicarious Liability (2014). Available: https://en.wikipedia.org/wiki/Vicarious_liability_in_English_law. [Last accessed 13 March, 2014] Breach of duty (2014). Available: https://en.wikipedia.org/wiki/Breach_of_duty_in_English_law. [Last accessed 14 March, 2014] Tort (2014). Available: https://en.wikipedia.org/wiki/Tort. [Last accessed 14 March, 2014] Eustace, D, (2007) Negligent Misstatement à ¢Ã¢â€š ¬Ã¢â‚¬Å" Dillon Eustace. Keenan, D., and Smith, K., (2006) Law for Business (13th Edition) Pearson Education Limited. McKendrick, E. Contract Law (2000). fourth edition. McMillan. Basington. Poole, J. Casebook on Contract Law (2001). 5th edition. London. Vickneswaren, K., (1997) Obligations: Contract Law (1st Edition) Old Bailey Press: London. Page 1 of 12