Business Law Essay Example for Free

Business Law Essay Introduction Law plays important roles to protect benefits, obligations and bringing fair for everybody in society. This report gives information about tortuous liability, contractual liability, vicarious liability, the tort of negligence and defences. After that, I can determine liability of person who is responsible when violations as well as providing advices for the legal problems in business of VJSC. (3.1) Contrast liability in torts with contractual liability Tortuous liability will be applied when occurs the law violation of civil nature that infringes on the rights and legal interests of others as a legal entity or individual. In addition, the rights and legal interests are not specified in the contract between the parties. Contractual liability is the parties sign in the contract based on satisfy about agreement, negotiation and terms of contract. They are completely voluntary to enter into a contract and having contractual liability each other. The tortuous liability and contractual liability have the same point are violations of the law and suffer liability under civil law. The liable party has responsibility for compensation by payments for any losses from their wrong. Differences: Tortuous liability Contractual liability A law violation of non-contractual damages. Parties related to the violations which they have no contractual relationship with each other even they are strangers. Tort is the basis for generating tortuous liability so the person wronged has responsibility to any persons who are damaged from their behaviour. Cannot measure clearly the damages. Difficult to determine exactly compensation rate so the compensation will be based on the actual extent of damage occurred. A violation of the contents which parties signed in the contract. Parties have a close relationship because they have time for agreements and sign the contract together. If the breach of contract occurs that the person violated have a contractual liability to the other party of the contract. The damages can be quantitative because they are regulated in the contract. The compensation under the liquidated damage that means compensation which determined based on the formula and stipulations that the parties have agreed in the contract. (3.2) Explain the nature of liability in negligence (3.3) Explain how a business can be vicariously liable A human who lives in society must follow the provisions of law is having a duty of care by respecting and protecting the rights and benefit legal of others. Negligence is behaviour which infringes on the rights and legal interests of others. However, these behaviours are not deliberate actions by an individual or entity who did not perform well their reasonable care which bring the consequences of monetary damages or personal injury. To sue a person who violating behaviour of negligence, the claimant need to prove those factors: Defendant owes the claimant a duty of care. Defendant breaches the duty of care. The tort of negligence has to a direct reason that brings damage or loss for the claimant. Vicarious liability is many people who related to damage occurs will have responsibility for the damage by misconduct. In business, the relationship of employer and employee is an important part of vicarious liability because employers will have the strong financial capacity to compensation to the injured party. Therefore, employer will be the main responsible for damage caused by their employee prescribed by law. After that, the employee has to  refund that amount for employer. There are factors to determine vicarious liability between employer and employee: They have a valid relationship employment between employer and employee. Employee implements the tort act in the course of their work that base on the agreement and requirement of employer. Case 1: there are two problems occur. The first problem The VJSC software company engages SP an event management company to coordinate and provide corporate hospitality for event’s clients. Trinh Van is an employee of SP and he installs equipments needed to serve for event in time constraint so he did not completely testing for all equipments. Unfortunately, an explosion happens causing some guest got minor burns and damage to the software. However, Trinh Van had left the company just one week before the event. Explain the liability in negligence and vicariously liable of the first problem. The negligent in this case is Trinh Van did not have fully in checking and testing for those things installed in the event. Thus, Trinh Van had violated the duty of care because with the nature of his work that he has a reasonably foreseeable the damage and consequences. Therefore, Trinh Van also breach duty of care because he did not have fully tested so that two damages caused by the explosion are clients of VJSC got minor burns and damage their software. Although Trinh Van had left SP one week before the event but at the time he performed his work that he still an employee of SP so there was a relationship employment and vicarious liability between Trinh Van and SP. Therefore, SP will have responsibility for damage by explosion and then SP has the right to require Trinh Van refund the amount that SP paid for caused damage of Trinh Van. Follow case Lister and ors Hesley Hall Ltd 2001 (Course book,2010) Children resident of a boarding school sexual abused by warden. Thus, the school was vicariously liable for warden because the nature of this job is supervise students during learning process which  created connection with the acts of abuse. To compliance with regulations of the duty of care that Trinh Van has responsibility to implement regulations about in checking and testing things installed to make sure that do not have any damage is likely to occur for clients as well as any assets in the area of the event. The relationship between SP and VJSC is a contractor to perform the event. However, the damage caused by explosion not only for software but also with some guess of VJSC. Otherwise, VJSC is the main subject of the event and they are an occupiers’ liability in the event so they have to ensure the safe for visitors who enter in the event. Moreover, VJSC has work done by SP as an independent contractor so that they also have vicarious liability for damage of guesses. The second problem. SP hired a SECurity contractor to protect for performing the event. The security staff’s had a specific instruction not to let anyone without an invitation. In case, someone who tries to enter the event without the invitation so the staff should inform to SP who then contact VJSC staff to attend and resolve the problem. However, Van Dao tried to enter into the event during the commotion and he was caught by Truong La who was SECuritys staff. The result was Van Dao injured by violenty of Truong La. Explain the liability in negligence and vicariously liable of the second problem. The regulations of SECurity that if any security guys have problems with people who try to enter without invitation so they should radio a member of SP who then contact VJSC employee to solve that problem. However, Truong La did not follow those regulations of SECurity when Van Dao enter in the event. As a result of Van Dao tried to unlawfully enter in the event during the commotion that he was twisted the arm and threw to the ground by Truong La so he breached the duty of care. Instead of the tort act, Truong La should hold Van Dao to prevent him enter the event and then inform this problem to  member of SP. Truong La had a tort of negligence in work because he has a reasonable foreseeable about damage for his act with Van Dao. Thus, the SECurity company has a liability for damage of Van Dao because Truong La is an employee of SECurity so there was a relationship employment between them. After that, Truong La has a liability to refund the amount that SECurity paid for caused damage of Van Dao. Base on case Lister and ors Hesley Hall Ltd 2001 (Course book, 2010) However, the compensation liability for damage of Van Dao will be reduced because mistake of Van Dao and Truong La were considered as contributory negligence so there are some defences for the tort of Truong La as: Van Dao is a trespasser. Van Dao can also predict there will be damage to himself in trespassing. Van Dao also has mistake for intentional enter in the event.   In this case, even SP hired SECurity company and the relationship between them are contractor but SP is not an occupier of the event. Therefore, SP does not have a various liability with SECurity about the damage of Van Dao. (4.1) Apply the elements of the tort of negligence and defences in the above different business situations for the legal officer who is assigned to VJSC (4.2) Apply the elements of vicarious liability in above different business situations for the legal officer who is assigned to VJSC Bui and Do was to pick Tran Vu up celebrate at petrol kiosk of Vu’s father where Vu works part time because Bui and Do completed of a software project. Suddenly rockets from an organized fireworks display fall into the petrol kiosk and garage forecourt of Vu’s father. It leads to the car of Bui and Do catch fire and two of them escapes but Do was trap short in the car so he felt shock and fainted. In other hand, Vu gets outside the office to save the vintage Vespa as requirement of his father is Tran Cao. However, Vespa was completely destroyed. Apply the element of negligence and defences and vicariously liable Event  organizer will be liable for damage because the duty of care of organising a fireworks display is ensuring that there is no damage about health, safe as well as assets of the other. However, they breached duty of care because the launch mechanism for rocket had wrong assembled by the event organizer but this event was taking place. Causing by the negligence of event organizer’s that leads to rockets from the fireworks event crashed into petrol kiosk and also catch fire to Bui’s car. After that, the fire spread in a short time so the vintage Vespa of Tran Cao was destroyed. In general, the main damage in this case about assets are petrol kiosk, scooter, car and there is no damage about human because Bui and Do escaped from the fire and they just feel a bit sick. We can find out defences for event organizer if they properly installed for the rockets launch mechanism and make sure that there is no mistakes from fireworks process so we can consider that the accident of Bui, Do, Vu and Tran Cao is an unavoidable accident because event organizer cannot be foreseen or predicted by the exercise of ordinary care for this kind of accident. Based on case Stanley and Powell 1891 (Course book,2010) The facts: In a shooting party, Powell fired at a pheasant. Unluckily, the bullet hit on a tree and a pellet glanced off a tree that bring injured for Stanley who are a beater of Powell. Decision: The defendant will not have liable with claimant because this accident is no one can anticipate. However, in the fact of this case that event organiser had not been properly assembled for rocket’s launch mechanism. Therefore, event organiser got mistakes in organizing fireworks process that causes for damage of petrol kiosk, car, scooter and human. In addition, the unavoidable accident just applies to the damage or injury which does not result from negligence. Therefore, we cannot apply defences for event organizer so they will be liable for damage caused by their negligence. To organize a fireworks display that event organizer will has lots employee for implementing. Therefore, with the damage occurred that lead to vicarious  liability between the event organiser and the employee who has responsibility for installation rocket’s launch mechanism because there was a relationship employment between them so the event organizer has a liability for damage caused by their employees. Beside that, Tran Cao told Tran Vu â€Å"take the fire extinguisher, get outside and put the fire out and save the scooter†(Scenario) but Tran Vu cared for the injure of his colleague so the scooter was completely destroyed. In this case Tran Cao is principal and Tran Vu is an agent so between Tran Cao and Tran Vu also exists vicarious liability with the damage of Tran Cao’s Vespa. Therefore, the vicarious liability between Tran Cao and Tran Vu also help the event organizer in reducing liability for damage of scooter because it considered as a contributory negligence from two sides. Follow case Ormrod Crossville Motor Service 1953 (Course book, 2010) A car owner asked a friend to drive his car to Monte Carlo for his work and then they were going to holiday. However, a damage to claimant’s bus occurred by the friend’s negligent driving. In this case, the friend was driving to Monte Carlo is for the car owner’s purpose so he was vicariously liable wi th his friend. Conclusion From this report, we can realize that anyone in society need to have the knowledge about tortuous liability to know the way to solve law problems in life and business activities. Moreover, we also understand the importance of duty of care as well as the unfortunate consequences of non-compliance of duty of care to remind everyone should more carefully when doing anything. References Business essentials – Supporting HNC/HND (2010) London: BPP Learning Media Ltd – Aspects of Contract and Negligence for Business Course book, Introduction to types of tort, chapter 12. Business essentials – Supporting HNC/HND (2010) London: BPP Learning Media Ltd – Aspects of Contract and Negligence for Business Course book, Business and economic tort – Negligence, chapter 13. Business essentials – Supporting HNC/HND (2010) London: BPP Learning Media Ltd – Aspects of Contract and Negligence for Business Course book, Business and economic tort – Occupiers’ liability, chapter 13. Business essentials – Supporting HNC/HND (2010) London: BPP Learning Media Ltd – Aspects of Contract and Negligence for Business Course book, Defences and remedies in tort – Unavoidable accident case Stanley and Powell 1891, chapter 14.

Pompeii :: essays research papers fc

Pompeii Pompeii is possibly the best-documented catastrophe in Antiquity. Because of it, we know now how the Pompeians lived because they left behind an extensive legacy of art, including monuments, sculptures and paintings. Pompeii lay on a plateau of ancient lava near the Bay of Naples in western Italy in a region called Campania, less than 1.6 kilometers from the foot of Mount Vesuvius. With the coast to the west and the Apennine Mountains to the East, Campania is a fertile plain, traversed by two major rivers and rich soil. However, in the early days, it was not a remarkable city. Scholars have not been able to identify Pompeii’s original inhabitants. The first people to settle in this region were probably prehistoric hunters and fishers. By at least the eight century B.C., a group of Italic people known as the Oscans occupied the region; they most likely established Pompeii, although the exact date of its origin is unknown. â€Å"The root of the word Pompeii would appear to be t he Oscan word for the number five, pompe, which suggests that either the community consisted of five hamlets or, perhaps, was settled by a family group (gens Pompeia)†(Kraus 7). In the course of the eight century B.C., Greek and Etruscan colonization stimulated the development of Pompeii as a city around the area of the Forum. A point for important trade routes, it became a place for trading towards the inland. Up until the middle of the 5th century B.C., the city was dominated politically by the Etruscans. In the course of the 6th century B.C., the influence of Greek culture is also documented by terracottas, ceramics and architecture. A group of warriors from Samnium, called Samnite, invaded the region in the 400’s B.C. Pompeii remained a relatively unimportant village until the 200’s B.C., when the town entered a prosperous period of building and expansion. The Romans defeated the Samnites, and Pompeii became part of the emerging Roman state. Pompeii joined th e Italic revolt against Rome, the Social War of 91-87 B.C., and was crushed by Sulla. Although the city was not destroyed, it lost its autonomy, becoming a colony called Colonia Veernia Cornelia P, in honor of its conqueror L. Cornelius Sulla. By 79 AD, Latin had replaced Oscan as the principal language, and the laws and culture of Imperial Rome were implanted. The â€Å"romanization† had began. Pompeii grew from a modest farming town to an important and sophisticated industrial and trading center.

Black Rights †Struggle for Racial Equality in Post War America Essay

Write a full account on the struggle for racial equality in post war America. During World War II, around one million black men served in the army. They were in different units to the white men. Riots and fights occurred when black men from northern America had to face the discrimination in the south during training. This lessoned peoples opinion of them, in a prejudice way. They were never allowed to join the Marines or the Air Corps, but this changed for the first time during the war due to the military needs. After the war, blacks began to challenge their status as second-class citizens. After their country fighting Nazi Germany, who killed six million Jews, and a fascist Italy, the people of America began to question the racism and many white people felt their main priority as a country should be dealing with their racial problems . More and more black people began moving from the south up to the more urban areas of the north after the war. It was easier to set up pressure groups against discrimination, some peaceful and some violent, thanks to the large numbers in the cities. When the blacks moved to the cities, a lot of whites moved out to suburbs, leaving the blacks in the inner city. Due to overcrowding black ghettoes emerged, houses were in poor conditions, which also helped to highlight the unfair racial injustice. More blacks started attending universities , improving their skills and raising the chance of jobs. When better roads and train lines were built or improved, the move from the south to cities became easier. The economy in American affected blacks greatly. During the economic boom, more blacks were employed and earned better pay. Now that blacks could earn more money their living standards increased. This led to a demand for blacks and whites to be treated more equally. The media helped. They wou ld highlight the disadvantages for the blacks. Television was expanding, exposing discrimination as it grew. It helped greatly to win over the support of the whites in the north. There was huge hypocrisy in the US during the cold war. The US were trying to prevent the spread of communism and disagreed with it completely. They thought the communists were treating their people badly and denying them their human rights. Blacks saw the hypocrisy. They were being treated horribly while their country and government fight for rights around the world. The NAACP (National Association for the Advancement of Colored People) was a black rights group. Their aim was to defend black civil rights. It became the main opponent of the Klu Klux Klan, a white supremacist group. For decades they had been campaigning for for an end to segregation in schools. They brought cases to court so black students were allowed into colleges. Linda Brown was a young black girl from Topeka, Kansas. She wanted to attend a local school but wasn’t allowed. Because of this she had to go to an all black school further away. The law said segregation was legal as long as facilities were equal. The lawyer for the NAACP, Thurgood Marshall, said that segregation like this denied these black children their rights and that separate schools caused psychological damage. Thurgood Marshall and the NAACP won their case. Segregation was now ruled, by the Supreme Court, unconstitutional and therefore illegal. The schools were declared by the Court, the next year, to become desegregated. This didn’t stop racism or the racist acts. A fourteen year old boy was murdered by the KKK and an all white jury found the murderers not guilty. People said it was a plot by the NAACP. In 1957 the governor of Arkansas tried to prevent nine black students from attending a white school in Little Rock, even though the Supreme Courts had ruled it legal. Federal troops were sent in to protect the nine students so they could attend school safely and to make sure the new laws were upheld. President Eisenhower ordered the troops to remain present at the school for the remainder of the school year. The percentage of black children who attended school with white students had raised from one to twenty per cent in around ten years. A similar incident happened when a young man tried to enrol for the University of Mississippi, an all white university. An angry mob and the governor of Mississippi tried to stop him. The case was brought to court by the NAACP and won the right for him to enrol. President Kennedy also sent troops in to protect the young man when he was enrolling but riots broke out ending in 375 people injured and two dead. The rest of the state universities in the south were slowly desegregated. In the north, blacks and whites attended different schools because they lived in different parts of the city or state. The laws to desegregate the schools were not just for the south. So they brought in bussing. This meant that black children could get the bus to white schools that had been desegregated so there was a racial balance in the schools. A lot of northern cities resisted this court order, and some cities even fire-bombed the buses. To get around these laws, many white people sent their children to private schools. Most black children stayed in public schools due to lack of money. There wasn’t just racial segregation in schools. Restaurants and buses are just a couple of the other places where racial segregation occurred. Racial segregation on public transport was enforced by the Jim Crow laws. This meant that blacks had to sit at the back of the bus, whites at the front. A black person had to give up his seat if there was no room for a white person or if a white person sat beside them. In 1955, Rosa Parks, a seamstress, from Montgomery refused to give up her seat for a white person. She politely told the bus driver she wouldn’t get up. The driver called the police who then arrested her. When Rosa was due in court, the black community decided they would boycott the buses on the day of the court case. The buses in Montgomery made most of their money from black people travelling to and from work. Word of the boycott was spread in black churches, the organisers hoped 60 per cent would boycott the buses but on the day almost 100 per cent avoided the buses. Many drove, car-pooled or walked. The boycott went on for a year, costing the bus company a lot of money. The boycott ended when the blacks made a deal to desegregate the buses. There were three parts to the deal: Bus drivers must treat black passengers with courtesy; Segregation must end on the buses; Black drivers must be employed. This began a new phase of peaceful protests. Four black students in North Carolina sat at the white only counter in a diner. They refused, politely and peacefully, to move until they were served. This was called a ‘sit-in’. When word of the sit-in got out, more and more young black students around the south started doing the same. By the end of the year more than 50,000 young people had succeeded in desegregating public facilities in over 100 cities in the south. When black and white civil rights activists wanted to test the desegregation laws, they decided they would travel through the south on a bus together. They were attacked, threatened and intimidated by white mobs. Robert F. Kennedy, the Attorney General, was appealed to by the activists for protection. He sent in federal marshals to enforce the law and to protect the activists. The bus journeys went on for another year, receiving national media attention. Voting for black people was very difficult and involved a lot of obstacles. There was a poll tax that if you didn’t pay you couldn’t vote. Many black people couldn’t afford the tax leaving the majority of the voters white. This and the literacy test were both legal as it, technically, applied to both races. The literacy test was mainly to prevent blacks from voting also. They would be given a piece to read and if they struggled in the slightest they couldn’t vote. This was unfair for the blacks as the majority of them weren’t as educated as the majority of the whites. Even the whites who were more illiterate than the blacks had a better chance of passing as they would be given easier pieces to read. White employers also tried to prevent blacks from voting by threatening to fire them if they voted. Only four per cent of blacks in the south were registered to vote in 1955. In the 1960’s, Martin Luther King lead peaceful protests to get black voting rights. White’s in the north were impressed by King’s peaceful approach. In 1963 King organised a march in Birmingham, Alabama. The blacks marched the streets day after day. Others replaced them when the marchers were arrested. Martin Luther King was even arrested. He wrote a letter from Birmingham jail which is one of the most important documents of the civil rights movement. There was widespread white support for King on the north after the marches were televised showing the police using hoses, cattle prods and dogs against the peaceful marchers. The president got involved, then the violence ended and the protesters were given their demands. King delivered his famous â€Å"I have a dream†¦Ã¢â‚¬  speech at the Lincoln memorial in Washington DC, in front of over 200,000 black and white civil right supporters. A year later a new Civil Rights Act was passed. Discrimination in public facilities was banned, job discrimination was outlawed and the power of the local voter registration board was reduced, no longer preventing blacks from voting. The same year, using non-payment of the poll tax to prevent blacks from voting was outlawed. When a campaign began to get black voters to register in the south, two civil rights volunteers, one white one black, were murdered in Alabama. The governor and local police still tried to prevent black voters registering and the KKK burned down several black churches. By 1965 most of the legal barriers for black equality were gone, but a lot of people remained prejudice. Blacks were the poorest and undereducated racial group in America. A group of black rights activists didn’t agree with King’s approach. Their attitude was to fight back. They wanted black supremacy and wanted to use violence to get it. They were called the black panthers. They were a paramilitary force. Their leader was Huey Newton who called on them to collect weapons for protection against the white police. They’re campaign frightened many whites but was sending the wrong idea of the black community and was probably making matters, regarding their rights and acceptance, worse. After riots had broken out in cities such as New York and L.A between black youths and the police, King decided to move his SCLC headquarters to Chicago to focus on the northern ghettoes. Violence levels were huge in 1966 and 1967 with 164 riots taking place in cities across northern America, leaving 84 people dead and costing over 100 million dollars in damages. In April 1968, King was assassinated in Memphis. His death destroyed the hope for many, and the hope for resolving the racism. After his death, riots broke out in 125 cities out of grief and anger. A week after King’s death a Civil Rights Act was passed outlawing racial discrimination in housing.

Chinese Vocabulary Medical Terms