Friday, December 27, 2019
Analysis Of Travis Scott s Ascension Of Fame - 930 Words
Travis Scottââ¬â¢s ascension to fame was unprecedented. His career, marked by the mid-2013 release of his debut mixtape Owl Pharaoh, had not even began when he signed not only to Epic Records, which has housed acts such as Ozzy Osbourne, Michael Jackson and Celine Dion but also to Grand Hustle Very G.O.O.D Beats (as a producer), the label imprints of hip-hop juggernauts T.I. Kanye West. Since then he has released a solid project in Days Before Rodeo, Rodeoââ¬â¢s predecessor and has boasted countless credits, producing for many of musicââ¬â¢s biggest acts such as Drake, Jay-Z, Kanye West Rihanna, thus gaining respect and support from fellow musicians and fans alike. The expectations for this album were high and I evaluated the album in terms of Scottââ¬â¢s individuality and the albumââ¬â¢s lyrics, features, production, cohesiveness and replay value to see whether the expectations were met. Individuality is key; setting yourself apart from the competition and longevity are almost interchangeable in the music industry. While listening to this project, it is evident that, lyrically, Scott brings nothing new to the table. Chris Gibbons, writer for Hip-Hop website The Boombox, states that Scott ââ¬Å"wears his influence[s] on his sleeveâ⬠and he simply does not care. His melodic, heavily auto-tuned and high energy songs all point to influences stemming from artists such as Future, Young Thug, Swae Lee of Rae Sremmurd, labelmate Kid Cudi and mentor Kanye West. On ââ¬Å"Apple Pie,â⬠Scott states that heââ¬â¢s
Thursday, December 19, 2019
The Value Of Challenged Literature - 1389 Words
The Value of Challenged Literature ââ¬Å"Censorship is the child of fear and the father of ignoranceâ⬠(Laurie Halse Anderson - Speak and Chains). Banning books that teach important values and educate children on real world situations is only hurting them in the long run. For Huck Finn in Adventures of Huckleberry Finn by Mark Twain and Scout in To Kill A Mockingbird by Harper Lee, growing up in times of racial injustice allows readers to see the value of not ignoring historyââ¬â¢s real world problems and how they are portrayed in controversial American literature. ââ¬Å"Adventures of Huckleberry Finnâ⬠, one of most commonly banned books, is about a young boy named Huck who befriends a black man named Jim and together run away from his abusive, drunkenâ⬠¦show more contentâ⬠¦Throughout the book, Huck and Jim travel and encounter many experiences that bring them closer together. Huck begins to see Jim not as a slave, but as a human being, a moral transformation that becomes his American journey. Although Adventures of Huckleberry Finn targets some serious, controversial themes about race, language, and violence, the novel is a good example of how race does not define a personââ¬â¢s intelligence or their ability to be compassionate, values that should not be censored. To Kill A Mockingbird by Harper Lee depicts themes of discrimination, profanity, rape, and violence through the eyes of a six year old girl named Scout. From the novel, ââ¬Å"Report and be damned to ye! Ainââ¬â¢t no snot-nosed slut of a schoolteacher ever born cââ¬â¢n make me do nothinââ¬â¢!â⬠(Lee 37). This quote is an accurate representation of the harsh discrimination in Maycomb, Alabama and how people s harsh language could be seen as controversial. Also, ââ¬Å"Old Mr. Bob Ewell accused him of rapinââ¬â¢ his girl anââ¬â¢ had him arrested anââ¬â¢ put in jail--â⬠(Lee 164). Lee uses themes of rape in the novel, an action that was unfortunately known to be very common during that time, but is disturbing to officials that have challenged the book. Scout, a lawyerââ¬â¢s daughter, witnesses a trial that does not end in justice. Scout sees the discrimination and prejudice around her and matures as a
Wednesday, December 11, 2019
Highlights Such A Breach Of Duty Of Care â⬠Myassignmenthelp.Com
Questions: Whether Benji Can Bring Legal Action For Negligence Against Jack, Bronco, And Parramatta Storms Rugby League Club, Or Not? Whether Harry, Zara And Hilary Have Any Rights Under The Law Of Negligence, Or Not? Answers: Introducation Negligence, as defined under the common law, highlights such a breach of duty of care, due to which the party which owed the duty of care is injured, harmed or bears a loss, which is substantial in nature and which was foreseeable in the given circumstances[1]. The Civil Liability Act, 2002[2], under section 5 defines negligence as a failure of exercising the required skill and care. Harm is something which includes an economic loss, damage to property, and a death or personal injury[3]. There are certain key elements which have to be shown to establish a case of negligence. The first one in this regard is the duty of care. The duty of care is raised in such cases where, owing to the activities under by one person, the other person is harmed, and this harm is reasonably foreseeable[4]. Section 5B of the Civil Liability Act, 2002 contains provisions regarding duty of care, where the person cannot be held negligence till it is shown that the risk was not insignificant, was foreseeable and a reasonable person would have undertaken the precautions to evade it[5]. This duty of care is established due to the relationship between two parties and the proximity between them[6]. For instance, in sports, the duty of care arises between the competitors to competitors; the competitors to spectators; coach to competitors; and the like[7]. The case of Ollier v Magnetic Island Country Club[8] saw the golfer being held for a breach of duty of care for hitting the other golfer with tee shot. The next step is the establishment of the contravention of the owed duty of care. The contravention can be established only when the risk is deemed as foreseeable. So, the person has to know that there are chances, where if the work is not undertaken properly, the other person may get injured[9]. Further, that a prudent individual would have undertaken such precautions. In the matter of Vaughan v Menlove[10], the chances of fire were present, as there was poor ventilation, so a case of negligence was present. Wyong Shire Council v Shirt[11] saw the requirement of the view of a prudent person being taken into account for judging the foreseeability of harm. The last step relates to showing the loss being suffered by the plaintiff. This loss has to be a direct result of the undertaken negligence by the defendant and the harm has to foreseeable and cannot be too remote. In case a claim of negligence is found to be true, the plaintiff can apply for relief[12]. A but-for test was given in Barnett v Chelsea Kensington Hospital[13], where it was held that the damages are to be awarded only in such cases where the injury or harm would not have taken place, if the negligent act had not been undertaken. Vicarious Liability is a common law principle which makes the employer liable for the negligent acts undertaken by the employee[14]. In the case of McCracken v Melbourne Storm[15], the club was held responsible for the injuries sustained by one played due to two of its players undertaking an illegal tackle. In cases of negligence, the defense which can be used by the other party lies in the voluntary assumption of risk. In case it can be shown that the player had voluntarily undertaken the assumption of risk, the case of plaintiff would fail as it is considered that the plaintiff has waived off their rights to complain about any harm or damage[16]. Johnston v Fraxer[17] was a case where the jockey deliberately rode his horse close to other horses which was a breach of the riding rules of the competition. Here, the defendant failed in showing that the plaintiff had given consent to such riding practice. Application In the given case study, in order to hold Jack and Bronco liable for negligence, there is a need to show that they owed a duty of care to Benji. As has been stated in the law part, the proximity and the relationship between two parties decide if duty of care is present. And it has also been stated that in sports, the competitors are in such close proximity that they owe a duty of care to each other, as was seen in Ollier v Magnetic Island Country Club. So, Jack and Bronco owed a duty of care to Benji by being his competitors. The harm was reasonably foreseeable in this case as the Section 10 of the National Rugby Leagues Laws of the Game clearly identified this action as restricted owing to the chances of grave harm to the player due to such injury. On the basis of Vaughan v Menlove, here also a risk of harm was present, so a case of negligence can be established. The duty of care was contravened as a prudent person, on the basis of Wyong Shire Council v Shirt, would have undertaken care in not using the illegal tackle in the sport, as there were high chances of a person being injured badly due to this tackle. So, the second requirement is also established. The harm was such that Benji had to retire from the sports, even when he was at his peak of the career. Based on the but-test given in Barnett v Chelsea Kensington Hospital, the injury would not have occurred if the illegal tackle had not been used. So, owing to the breach of duty of care, resulting in serious harm and foreseeability of loss, Benji can successfully claim damages for the ensuing negligence from Jack and Bronco. The principle of vicarious liability, along with the applicability of case of McCracken v Melbourne Storm, where the facts were similar to the given case study, Parramatta Storms Rugby League Club would be liable for the negligent acts of its players, for being the employer. A defense which can be cited by the defendants is the voluntary assumption of risk can be raised in this question. However, Benji never agreed to an illegal move being used against him and only took such risk which could have resulted in his injury, which were legal. Hence, on the basis of Johnston v Fraxer, the defense of the defendants would fail. To conclude, Benji can successfully bring legal action for negligence against Jack, Bronco, and Parramatta Storms Rugby League Club. And if the defendants opt for the defense of voluntary assumption of risk, their defense would fail. Under the common law, a negligence misrepresentation takes place when a careless representation is made by the defendant, when they did not have any reasonable base for believing it to be true[18]. In Hedley Byrne Co Ltd v Heller Partners Ltd[19], this concept was born. The issue arose when the company regarding which the claimant had sought advice from the defendant defaulted and the claimant was held liable for the debts of the company. In this case, it was held that a duty of care was indeed owed by the defendant; however, the exclusion clause helped them in evading their liability. The court laid down the conditions which have to be present to show a negligent misstatement was present. As per this requirement, reliance has to be placed on the skill to give rise to duty of care. In the given case study, neither Steve, nor George had any base to make a claim that the Sydney real estate market was the best investment around. This is also true since the rumors were present regarding the Federal Capital Gains taxes to be raised. They failed to inform Harry of this information about the possibility in rise of tax rates. Harry, Zara and Hilary made their investments. Applying Hedley Byrne Co Ltd v Heller Partners Ltd, reliance was made by the three. So, a case of negligent misstatement is present here. When the three suffered economic loss, owing to the negligent misstatement of Steve and George, Hilary suffered from clinical depression. Section 5 of the Civil Liability Act, 2002, provides damages for personal injury and economic loss. As the loss here was foreseeable, and directly caused due to negligent misstatement of Steve and George with the presence of reliance on such statement, Harry, Zara and Hilary can apply for economic loss suffered by them. In addition to this, Hilary can also claim for the mental injury suffered by her. References [1] Andy Gibson and Douglas Fraser, Business Law (Pearson Higher Education AU, 2013) [2] Civil Liability Act, 2002 (NSW) [3] Civil Liability Act 2002, s5 [4] Mark Lunney and Ken Oliphant, Tort Law: Text and Materials (Oxford University Press, 5th ed, 2013) [5] Civil Liability Act 2002, s5B [6] Keith Abbott, Norman Pendlebury and Kevin Wardman, Business law (Thompson Learning, 8th ed, 2007) [7] Chris Davies, Negligence And Risk Management And Sport (2012) https://researchonline.jcu.edu.au/25604/1/25604_Davies_2012.pdf [8] [2004] Aust Tort Reports 81,743 [9] Pamela Stewart and Anita Stuhmcke, Australian Principles of Tort Law (Federation Press, 2009) [10] (1837) 132 ER 490 [11] (1980) 146 CLR 40 [12] Chris Turner, Unlocking Torts (Routledge, 3rd ed, 2013) [13] [1969] 1 QB 428 [14] Paula Giliker, Vicarious Liability in Tort: A Comparative Perspective (Cambridge University Press, 2010) [15] [2005] NSWCA 107 [16] Pauline Sadler and Rob Guthrie, Sports Injuries and the Right to Damages (2001) https://www.austlii.edu.au/au/journals/LegIssBus/2001/2.pdf [17] (1990) Australian Torts Rep 81-056 [18] Paul Latimer, Australian Business Law 2012 (CCH Australia Limited, 31st ed, 2012) [19] [1964] AC 465
Wednesday, December 4, 2019
Job Analysis Essay Essay Example
Job Analysis Essay Essay In June 2001 tropical storm Allison hit North Carolina and the Optima Air Filter Company. Many employeesââ¬â¢ homes were devastated, and the firm found that it had to hire almost three completely new crews, one for each of its shifts. The problem was that the ââ¬Å"old-timersâ⬠had known their jobs so well that no one had ever bothered to draw up job descriptions for them. When about 30 new employees began taking their places, there was general confusion about what they should do and how they should do it. The storm quickly became old news to the firmââ¬â¢s out-of-state customers, who wanted filters, not excuses. Phil Mann, the firmââ¬â¢s president, was at his witââ¬â¢s end. He had about 30 new employees, 10 old-timers, and his original factory supervisor, Maybelline. He decided to meet with Linda Lowe, a consultant from the local universityââ¬â¢s business school. She immediately had the old-timers fill out a job questionnaire that listed all their duties. Arguments ensued almost at once: Both Phil and Maybelline thought the old-timers were exaggerating to make themselves look more important, and the old-timers insisted that the lists faithfully reflected their duties. Meanwhile, the customers clamored for their filters. Questions a. Should Phil and Linda ignore the old-timersââ¬â¢ protests and write up the job descriptions as they see fit? Why? Why not? How would you go about resolving the differences? b. How would you have conducted the job analysis? We will write a custom essay sample on Job Analysis Essay specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Job Analysis Essay specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Job Analysis Essay specifically for you FOR ONLY $16.38 $13.9/page Hire Writer
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