Common Law - business Assignment Example | Topics and Well Written Essays - 1250 words

Custom-based Law - business - Assignment Example Respondeat prevalent and quifacit per alium facit in essence are the two rules that vicarious risk depends on. As indicated by respondeat prevalent, a predominant is answerable for the demonstrations submitted by his subordinates. Quifacit per alium facit as such implies that on the off chance that somebody accomplishes something through another, at that point he does it through himself (Giliker, 2010). The principles that the court applies in choosing if the fault for a convoluted demonstration can be moved from the representative to the business are: Control Test: Was the worker heavily influenced by the business when the convoluted demonstration was submitted? Control is the key trademark that the court will consider. The business must have the control and the capacity to apply authority over the representative. That is the business controls the activities of the employee’s work. He should teach the worker on what to deal with and how to chip away at. Control, authority and course are essential risk conditions (Giliker, 2010). Work Test: A business might be at risk to demonstrations of representatives and not self employed entity. That is, workers have a ‘contract of service’ while a self employed entity will have a â€Å"contract for service’. Course of work: Employer is obligated just if the tort was submitted over the span of the business. That is the fault can be moved from the worker to the business if the convoluted demonstration was approved by the business or the approved demonstration was done in an improper manner (Smith and Thomas, 2007). 3b. Occupier’s risk demonstration of 1957: This demonstration manages the obligation of the occupier to the legal guests. The demonstration regards all guests as a solitary substance independent of them being invitees, temporary workers and licensees. It isn't appropriate to unlawful guests, for example, trespassers. It forces obligation of care on the occupier. As indicated by the demonstration, an occupier is one who has sensible control on the premises and more likely than not had the capacity to maintain a strategic distance from or forestall the threat. Regular Duty of Care: An occupier owes a typical obligation of care to every lawful guest wherein care must be taken by the occupier to guarantee that the guest is sheltered in utilizing the premises for which he was welcomed under every sensible situation (Harpwood, 2008). Admonitions: Occupiers are not held subject if hurt is caused to a guest in the event that he/she had been cautioned about the risk. The guest under all conditions must have the option to maintain a strategic distance from the threat dependent on admonitions. However, aside from admonitions additional consideration must be taken if the threat is uncommon or outrageous (Harpwood, 2000). Youngsters and expert practicing their obligation: Exceptions are made to kids and people who are practicing an aptitude or exchange. With kids, the occupier must guarantee that kids are sheltered considering the reality they are less cautious than grown-ups. For Example, in Glasgow Corpn v Taylor (1922) a kid passed on in the wake of eating harmful berries from a bramble in an open park. The shrubbery was not fenced and henceforth didn't take care in protecting youngsters. The occupiers were considered dependable (Harpwood, 2000). With people practicing their obligations the occupier can anticipate that the individual should know about exceptional dangers related with the aptitude. For instance, a circuit tester fixing an electric attachment must know about the peril of managing electrical gear and should be cautious in managing it. Self employed entities: The occupier can't be held subject if the risk or mischief is brought about by crafted by a self employed entity

Structuring Your MessageUNIT4DB Essay Example | Topics and Well Written Essays - 500 words

Organizing Your MessageUNIT4DB - Essay Example In this paper, we will address why the opening of an introduction is critical and a few different ways to set up a powerful one. The opening, starting or presentation of an introduction mentions to the crowd what is to come and what's in store. As per Mary Munter (2002), one must recollect to â€Å"set the stage†, â€Å"grab attention†, â€Å"use humor with caution† and â€Å"state recommendations† in getting ready for the opening. (p. 43-44) She underscored the way this is where the moderator presents the point, establishes the tone, and sets up validity. There are a few styles in doing as such, however it is prescribed to utilize a formal early on gadget. Viable proper openers incorporate story, humor and including question. Steve Mandel (2000) clarified these broadly in his book, The Effective Presentation Skills. Tale, which is normally hilarious however not generally, recounts a short story to outline a point. Cleverness, then again, utilizes a joke as a springboard to hold onto consideration and break the ice. Mandel, be that as it may, cautioned against humor that has something to do with sex, race, religion, or some other individual point. As per him the silliness must be connected to the speaker, subject, crowd, or the event. It should be preservationist. Including question is somewhat precarious, so in the event that one doesn't have the foggiest idea about his crowd, he could request a display of support in the wake of asking an open-finished inquiry. This is a sheltered path since crowd may offer an off-base response or split a joke at the presenter’s cost. (Mandel, p. 24) Instructive introductions get rid of these gadgets and rather call for presentations that state raw numbers. (Asha, p. 96) For this situation, measurable information or refering to the plan is utilized to open the introduction. Certainty signifies the effect of an introduction. That is the motivation behind why practice and planning is significant. I have seen a generally excellent introduction demolished on the grounds that the moderator

Tips for Staying Focused as Temperatures Rise

Tips for Staying Focused as Temperatures Rise (0) As winter comes to a close and temperatures begin heating up across the country, it can be difficult to keep focused on schoolworkâ€"even as final exams rear their heads. Here are our tips for keeping your head cool from spring fever. Tip 1: Study outside When the weather gets nice, you might find yourself staring out the library window, wishing you weren’t cooped up studying. Instead of wistfully looking outside, find a bench or a picnic table where you can study. Bonus tip: Scope out a spot in the shade (and near an outlet) if you’re planning to use a laptop or tablet. Tip 2: Take small breaks Staying focused for long chunks of time can be difficult, especially when you’re anticipating summer vacation. Build some small breaks into your study schedule: try studying for 45 minutes uninterrupted, followed by a 10-minute break. Set a timer to avoid constantly staring at your watch or phone. Tip 3: Make a to-do list Even if you’re not typically the to-do list type, having clear guidelines for what you need to accomplish can be helpful as winter turns to spring. Students often find themselves in pinches at the end of the year as big exams, papers (with APA style or MLA style citations), and projects approach. Although deadlines can sneak up on you, you can ensure your success by planning in advance. For longer term assignments, try creating mini-deadlines for yourself before the big due date approaches. That way, you won’t have to scramble at the last moment. Tip 4: Have a refreshing drink Staying hydrated is important throughout the year, but it becomes even more important as temperatures increase. If you don’t feel like sipping flat water, try flavored sparkling water to add a summery element to your study session. For a more filling alternative, swap out your usual drink for a fruity smoothie. Tip 5: Work with friends Studying can be better with company. Ask a friend to be your study buddy, and promise to hold each other accountable until semester’s end. If you prefer to work alone, you can still check in with each other periodically to make sure your studying is going according to plan. Tip  6: Reward yourself Building small breaks into your schedule is important, but what’s even more important is to reward yourself for a job well done. Keep the ultimate goalâ€"good grades for the semesterâ€"in mind, but don’t neglect to have some fun, too. If you want to go out for ice cream or go shopping, do it! But tell yourself, “I can go get ice cream after I read Chapters 2 and 3 in my textbook.” The promise of a treat will lead to higher productivityâ€"and ensure that your work plan stays on track. Before turning in final papers, make sure to check your in text citations or works cited page to make sure your citations are accurate!  

Is Music Piracy Stealing - 1229 Words

The Global music industry makes around $43.9 billion dollars a year. $12.5 billion of that is lost each year due to Piracy in the music industry and 70% of online users find nothing wrong with online piracy (â€Å"Music’s Last Decade: Sales Cut in Half†). Is it wrong? Is music piracy stealing? This topic is said to have inspired Charles W. Moore to illustrate these points in his essay. Charles W. Moore writes the essay â€Å"Is Music Piracy Stealing?† and tries to answer his own question. Moore starts off by explaining that current day pirates simply do not care about copyright laws. He goes into detail about the philosophy, ethics, and morality of the threat to the free exchange of music over the Internet. Moore says, â€Å"Digital copywriting is as serious and criminal as stealing a CD from a record shop or a DVD from a video shop† (242). The subject on piracy is a controversial and an argumentative subject. Although Moore gives many great examples throu ghout his essay, he also has some faulty reasoning such as the root question of his argument is not provable, his factual data is excessive, he has lousy introduction and closing paragraphs, and his views are biased. The foundation that Moore is trying to set his argument upon is not quite as sturdy as he might think. Moore’s argument on piracy is that it is a victimless crime and that laws must change along with technology. He does not convince the reader that music piracy is or is not in fact morally amiss. Even if theShow MoreRelatedMusic Piracy Is Not A Victimless Crime Essay1278 Words   |  6 Pages Many people have a different way at looking at things, especially when it comes to pirating music. Music piracy is the illegal copying or downloading of music without the consent of the artist as well as the recording company that made the song. The question that many might argue is whether or not music piracy is a victimless crime. This subject influenced a journalist by the name of Charles W. Moore. Charles Moore has an interesting story. Ten years after graduating from the UniversityRead MoreEssay Piracy in China1311 Words   |  6 PagesPiracy in China The American Heritage Dictionary defines piracy as â€Å"the unauthorized duplication of copyrighted or patented material.† It is a problem that affects companies all over the world. Piracy of software, movies, and music is commonplace in China. China has the second worst piracy rate in the world; about 92 percent of the software in China is pirated (Williams 2004). Various companies and governments have attempted to combat piracy, but they had not seen much success until recentRead MoreMusic Piracy Essay1594 Words   |  7 PagesAs a result of music piracy, the United States economy loses about $12.5 billion per year (RIAA). Not only do wealthy record labels and headline artists lose money, but songwriters, music publishers, music engineers, and even record store clerks suffer losses. Music pirates are people who share and download music over the Internet without paying for it. Piracy has been an ongoing issue for record companies and the artists they represent. It started all the way back in the days of cassette recordersRead MoreInternet Piracy : Friend Or Foe?1327 Words   |  6 PagesEnglish 3 Honors 5 November 2015 Internet Piracy: Friend or Foe? Internet piracy has been debated about for almost two decades, and still its effects are not clear to the public. Piracy is the act of illegally copying files that have been copyrighted, usually things like music, movies, games, and even books. The music and film industry usually report about a sharp decline in sales because of piracy, but other experts disagree and some even claim that piracy is helping those industries. There are obviouslyRead MorePiracy And Its Effects On Online Piracy1630 Words   |  7 Pages â€Æ' IV. Piracy its Effects: Online piracy is another substantial type of a cybercrime. With rapid developments to technology, piracy has become easier and more widespread. Piracy, the act of pirating, is defined as the illegal reproduction, via copying or counterfeiting, of any type of work which includes: software, recordings, or even motion pictures. Although are many ways to pirate material, online piracy is most common. Online piracy uses the internet, and computer technology to illegally reproduceRead MorePiracy: A Different Perspective Essay833 Words   |  4 Pagesimage usually conjured up when one is discussing piracy. At one point in time, this was correct - sailors roamed the seas freely pillaging merchant vessels. Now a days, Piracy has mainly slipped underground. Chances are, you may know a pirate personally without knowing the crimes they commit. For these crimes are not public, instead they are committed online. Filesharing is on the rise, much to the parent media corporations chagrin. Piracy is popular because of its ease of use, and widespreadRead MoreThe Issues Facing The Entertainment Industry848 Words   |  4 PagesAs technology advances, so do the issues that come with it. One of the biggest issues facing the entertainment industry is piracy. It is illegal under federal law to copy or reproduce someone else’s work without their permission, not to mention it is also unethical. There are arguments to be made that it is hurting the entertainment industry by losing revenue. While people may try to justify illegally copying technology the truth is it is no different than someone robbing a bank. When a studio producesRead MoreThe Piracy Of Music Piracy1507 Words   |  7 PagesAC8 The Abomination of Music Piracy A new type of theft has had a spike in the recent years, in which the internet has become extremely prominent at this time. This new theft is called â€Å"online piracy† This theft occurs when an online user uses a P2P(Peer to peer) website for file sharing, and shares files such as songs or software. This is considered theft due the fact that the files aren’t free, they have a price to them. Music Piracy is an abomination to artistry, and the creation of Art. ItRead MoreThe Ethics Of File Sharing1378 Words   |  6 Pages These services are programs or websites that stream music for free, such as YouTube, Pandora, SoundCloud, and Rhapsody. Many of these services may also provide a premium account for elevated privileges. File sharing is an issue that can be solved with the practice of the prior mentioned concepts. Businesses can solve many issues by embracing the digital market(s). New issues arise from the transition to digital media. File sharing is piracy, which is the theft of products from companies largeRead MoreInternet Piracy Harms Artists By Phil Gardson1033 Words   |  5 PagesAn Author and His Declaration In the article â€Å"Internet Piracy Harms Artists†, Phil Gardson explains how internet piracy such as online music sharing and other forms of copyrighting music hurts hardworking singers and songwriters. He also asserts that it is imperative that Congress should in act a law against these types of crimes to help protect artists. Philip Gardson is a composer, lyricist, and a music publisher. He is most notable as a songwriter, who writes songs and lyrics to producers,

Controversial Dedication A Study Of John Brown s Politics

Controversial Dedication: A Study of John Brown’s Politics â€Å"I, John Brown am now quite certain that the crimes of this guilty land will never be purged away; but with blood. I had as I now think: vainly flattered myself that without very much bloodshed, it might be done.† – John Brown (1859) Few abolitionists have shown the die-hard dedication that John Brown presented during the battle to end slavery. Most abolitionists, such as Frederick Douglas, focused on giving speeches to persuade people to see the light and bring slavery to an end. However John Brown appears to be the anomaly in the abolitionist’s movement, he believed in the freedom of slaves so fervently that he was willing to raise arms against his fellow Americans. Although his†¦show more content†¦Brown took up his father’s cross, and enlisted his sons to attack and kill five men in â€Å"Pottawattamie Creek† during May of â€Å"1856† (â€Å"John Brown†). He claimed that the men were supporters of slavery, yet none of them owned slaves. Historian Paul Shakel asserts that he justified his murderous acts; when discussing the victims of Pottawattamie Creek Brown is quoted as saying, â€Å"they deserved to die, because they ‘had committed murder in their hearts already, according to the Big Book’† (29). For an unknown reason he was not tried with murder and easily escaped the Kansas territory to further his campaign. This event was just the beginning of what would become John Brown’s purge of blood to end slavery. Civil War researcher, Alfred J. Von Frank asserts that â€Å"As [abolitionists] transformed themselves and overcame existing social barriers, they reimagined their country as a pluralist society in which the standard of excellence depended on righteousness and benevolence rather than on skin color, sex, or material wealth† (142). While these are noble pursuits, the way in which they were achieved was severe. Although it remains evident through history, tha t very few social reforms have been achieved peacefully. John Brown truly did transform himself and his style of protests to more violent attempts as he gained ground. Although he argued that his war on slavery was one of righteousness, there were too many fatalities by his own hands to

High School compared to middle school Free Essays

When I got home I would eat something and relax for 1 hour and then I would start my homework around 6 pm. Most times, it would take my 15-20 minutes to finish my homework. If I had any projects or other work to do, it would extend my work time to about 1 hour. We will write a custom essay sample on High School compared to middle school or any similar topic only for you Order Now But that all changed once I got to high school. Once got to high school, would get home at 7 and as soon as I got home, I had tons of homework. Start my homework at 7:30 pm and if it is normal homework, then I am done at about 9 pm. If I have project or there work, have to work until 11 pm. And that is without AP human geography homework, which itself takes 1 hour per night. The second problem I have is band. Band in middle school is nothing compared to band in high school. When I was in middle school band, practiced for 30 minutes a day and that was enough for me to be good. After school practices were rare events and they lasted for about an hour when we had them. Once got to high school, even one hour of band practice a day isn’t enough. And after school rehearsals are an almost everyday thing and each practice is a little more than one hour marching in the hot sun. And being at the Friday football games is mandatory. The games go from 7 pm to 1 0:30 pm and if it is an away game, then you don’t get home until 12 midnight. And, in middle school concerts and contests were during the weekdays, but in high school you have to sacrifice your Saturdays to be at the competitions. And if you are not at the Ames or the contests in high school, then you get a detention. So, thinking that high school would be easy was a big mistake. Made this mistake and I am now paying the price. So, no matter what you do, don’t make the mistake that made. Make sure you get prepare to have long days and lots of homework. And start preparing for having at most 7 hours of sleep on the wee stays. This is a medium compare-contrast because it is contrasting, but it is only contrasting it is not comparing anything as the same. How to cite High School compared to middle school, Papers

Sadness and Silence free essay sample

Well, there are any reasons. Many people want to censor music as a means of enforcing morality. Since the sasss many religious conservatives have made it their personal duty to clean up the lyrics in the music of the past 20 years. Among these is former Second Lady Tipper Gore, who put the entire music industry on trial in 1992 (Gore, 1987). Musical acts, from rockers such as Frank Kappa and Twisted Sister to country music legend John Denver, took the stand to protest Mrs.. Gore and her organization; the Parents Music Resource Center (AND. Com). There was even a 2002 television movie, Warning: ParentalAdvisory, about these Senate trials. (midi. Com) Though many would deny it, racial issues fuel a lot of the problems with musical content. It started in the 1955, when a Chicago radio station promised to censor any controversial music, especially after receiving letters from angry listeners. [ (Sparrow, 2009)] In the asss, with RB music on the rise, many adults were worried that their children would be exposed to immoral concepts while listening. We will write a custom essay sample on Sadness and Silence or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Given the fact that was performed, and listened to, by primarily African-Americans many racial tensions were brought to bear.These tensions continued into the asss. In 1983, during a live interview, David Bowie suddenly asked, Why are there practically no black artists on the network? [ (Why It Took MET So Long To Play Black Music Videos ) ] In fact, due to the popularity of his album Thriller, Michael Jackson is credited as one of the first minority musicians to gain major rotation on M TV. When rap music came into prominence even the government found a way to discriminate. The argument can be made that racial motivations also played a large role in the Bis 1 989 letter to the rap group N.W. A. [ (Magnum, 1986) ] The FBI took exception to the groups single H that Police. While the group said they were only expressing their anger towards the treatment of inner city black youths by local law enforcement, it served as another example Of censorship rearing its ugly head. Gaps in the values of our different generations have also played a major role in this constant on our ears. In the asss and 6(Yes this clash of values was over the younger generations love affair with RB and Rock N Roll, which promoted sex, drugs, and the questioning of authority. This did not sit well with the older generation, who grew up during the Roaringasss and fought back the Nazi threat in WI, and as result put much more emphasis on structured values and respect for authority. For example, in 1 965, the Rolling Stones and the Who were banned from radio stations nationwide because of sexual references in their songs. [ (Sparrow, 2009) ] In 1971, the FCC threatened to take away broadcast licenses from stations playing songs that glorified drugs. In the same year, songs by John Lennox and Jotter Dull were changed without their knowledge or consent.Len noons USIA was changed by radio station themselves while Jotter Tulles songs were changed by their record label Chrysalis Records. [ (Unsure, 1986) That would be the same as a going into a museum and painting over an artist work because you did not like what it portrayed. Do you think Leonardo Dad Vinci would have stood for something like this? Would we have masterpieces such as the Sistine Chapel if Michela ngelo did not have creative control? As is usually the case when people try to infringe On our freedoms, fear is at the root of music censorship. Parents fear that their children will be corrupted by listening to the likes of Oozy Osborne and Amine. The government fears that the public will be incensed to rebellion by the anarchic lyrics of bands like N. W. A. And Rage Against the Machine. Religious leaders fear that their followers will lose faith after listening to anti-semantic artists like Marilyn Manson and Nine Inch Nails. Though many of these fears are unfounded, they have led to many irrational attempts to censor music. The National Coalition on Television, which monitored the level of violence in music videos, asked for the federal government to regulate rock music on elevation. [ (Magnum, 1986) ] Although these demands were never met, other groups found more SUccess in pressuring the record companies. The parents Music Resource Center (MARC), pushed the music industry and the government to create a rating systems evaluating the content of artists. The MARC also hoped for radio stations to become conscious about airing controversial content which would in turn censor artists hoping to become played on the radio.The MARC was led by Tipper Gore and very influential wives of politicians and businessmen living in Washington, D. C. As a result of testimony before the U. S. Senate, the Recording Industry Association of Americana) began labeling albums that may be objectionable, including the infamous black-and-white label Parental Advisory: Explicit Content, created in 1990 and still in use today. [ (Hall)] Even today, censorship advocates are still attacking the violent lyrics of gangster rap and sexually-charged videos of todays videos. No matter what decade it is, it always seems that the music of that eras youth is the music under attack.The source of this is humanity inborn aversion to change. During the Revolutionary War, there was a large segment of colonists ho did not want to secede from England. The struggles women and minorities alone have faced just to be treated like human beings is proof enough of mankinds fear of change. This affects music because music is recognized as a potential source of power to change values, ideas, and beliefs as well as to influence actions. In the case of children being exposed to inappropriate things from the music they listen to, it is the job of the parent to make sure they know exactly what their children are listening to.