Negligence Definition Essay Example for Free

Negligence Definition Essay A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but can also consist of omissions when there is some duty to act (e.g., a duty to help victims of ones previous conduct). OVERVIEW Primary factors to consider in ascertaining whether the persons conduct lacks reasonable care are the foreseeable likelihood that the persons conduct will result in harm, the foreseeable severity of harm that may ensue, and the burden of precautions to eliminate or reduce the risk of harm. See Restatement (Third) of Torts: Liability for Physical Harm  § 3 (P.F.D. No. 1, 2005). Negligent conduct may consist of either an act, or an omission to act when there is a duty to do so. See Restatement (Second) of Torts  § 282 (1965). Five elements are required to establish a prima facie case of negligence: the existence of a legal duty to exercise reasonable care; a failure to exercise reasonable care; cause in fact of physical harm by the negligent conduct; physical harm in the form of actual damages; and proximate cause, a showing that the harm is within the scope of liability. Negligence is an actionable tort. This means that if one persons carelessness causes another personal injury, the injured party may sue to recover damages (money) for his or her injuries. The idea that a person can sue for negligence is a relatively new phenomenon, only about a century old. The reason for negligences late recognition is because common law traditionally recognized only intentional torts; that is, it held parties responsible for injuries that were the result of intentional acts. It was irrelevant that the actor did not intend to injure anyone, much less the injured party, but it only needed to be shown that the actor intended the action that caused the injury. In these cases, evidence of who caused what injury was affirmative, direct, and fairly objective. The concept of permitting someone to recover damages for injuries caused by someones lack of action or failure to do something was a revolutionary concept. Since its recognition as an action in tort, negligence has become a major source of very large jury awards. It is the root of all product liability cases. When  people complain about our legal system and the outrageous verdicts being awarded nowadays, they are speaking about negligence. Originally, negligence was recognized by the courts as part of the common law. Over time, as causes of action became more numerous and as damages became larger, various efforts were undertaken to limit the appeal of negligence lawsuits. The doctrine of contributory negligence eventually evolved, in some states, into a system of comparative fault that permitted recovery on a completely relative scale. Thus, in an accident one could be 90 percent at fault for ones own personal injury and still sue to recover the 10 percent of the damages suffered that were caused by the other party.

A Man For All Seasons :: essays research papers

A "Man for All Seasons" is about a man so subtle and saintly that an actor who takes on the role must be able to project an almost superhuman presence. As is evident, the story is based on the life of Sir Thomas More, man of God and chancellor to the court of Henry VIII. The year is 1530 and from what I know, actors in this movie typically wear transparent half-masks and double up on roles. More was the only member of Henry VIII's government who would not be seduced or corrupted by Henry's threats. When the king asked More to sign an oath establishing the monarchy as head of the Church of England, More refused. He could not alter the law, he said. As the play progresses and More loses his wealth and even his freedom, he becomes almost self-righteous in his strict adherence to the law. Exasperating, but he must remain sympathetic as his family goes down with him into grief and poverty. The man who plays him must show both his affectionate disposition and his unshakable piety or the script would be just an exercise in mouthing lines. What I saw from the story was how the wheels turn in More's mind, the glow of warmth and the bleakness of despair that flicker across his face. It is not enough to paint him as a man. He must be a man among grovelers and syncophants, a towering presence. A man for all seasons, in other words. In most cases, I am compelled to say that one probably would not be able to successfully preserve their integrity in a situation such as Thomas More's. But in response to the question of whether or not a man can reasonably hope to do so, I believe that More's behavioral response exemplifies a positive confirmation of such. Even if it could not be reasonably expected for a man to maintain his integrity when consistently faced with such a dilemma, it would probably be asserted that such was understandable. Somewhat indirectly, this case reminds me of Aristotelian and Platonic discussions of virtue and the nature of man. Some philosophers would probably insist that man

Anger

Intense emotion like anger involves a great deal of bodily changes that occur as a result of activation of the sympathetic divisions of the autonomic nervous system. At one time or another every one feels angry. J. B. Wats mentioned that when goal-directed behaviour of a child is obstructed and interfered with, anger is manifested. Thus, anger is the outcome of restriction imposed against desires.In other words, frustrating situation on the way for a goal results in anger. The need for catharsis and role of learning also play significant role in anger. Catharsis refers to the release of anxiety and tension, pent-up feelings and dissatisfaction and emotions resulting from daily life struggle verbally and through actions. These are directed towards any one anything that causes anger in the adult person.Children learn to show attack and aggressive behaviours by observing cartoons, movies, and T. V. serial and aggressive models, Observation of live scenes of anger and aggressive behaviou r produces more imitation of specific anger action, in one of the experiments by Bandura (1973), nursery school children observed a movie when adults were showing varieties of aggressive behaviour toward an inflated doll.After observing the film both boys and girls demonstrated the same of aggressive behaviour toward the inflated doll. These aggressive responses include punching, throwing, striking with a hammer, kicking and pounding number of blows to the doll. Freud inferred from his observational studies of numerous patients and children that aggression is an inborn instinct. Lorenz too believed that anger aggressions are innate instincts with animals and human beings.This basic anger behaviour should have some outlets, such as competitive sports, hard labor such as gardening, walking, recognizing the stimulus that provokes anger aggression, a persuasive leader, and not rewarding any aggressive behaviour etc. Studies indicated in the past that rage- an extreme form of anger, rela tively uncontrollable – can be at times real and at times partial which are termed as â€Å"sham rage†. Sham rage was demonstrated in cats, dogs, primates and other animals by stimulating particular areas of brain, especially the hypothalamus.

Hinduism and Buddhism - 976 Words

Buddhism and Hinduism are two of the world’s most influential and greatest religions. Buddhism is a religion based on the teachings of the awakened one (Abrams), and Hinduism is the oldest of the world’s greatest religions (Rice). Both of these religions arose in South Asia, thus they share similar culture and philosophy; however, they also contrast greatly with each other in many other aspects. By comparing the rituals of worship of the two religions it is proven that Hinduism worships various deities, whereas Buddhism does not worship any. Rituals of worship such as puja and meditation are practiced in both religions, nevertheless the way and purpose of how they are done differ. Although Hinduism and Buddhism have almost the same†¦show more content†¦Furthermore of all the dissimilarities in meditation, Hinduism and Buddhism have many things in common too. In Hinduism and Buddhism the aim of this ritual is to follow the path towards nirvana or moksha, which a re the liberation from the eternal life cycle. As both religions have almost the same purposes for practicing meditation, the way in which it is done is very related: the meditator is concentrating to free their mind for desire and to enter into a peaceful state, in the meantime the person must be reciting mantras, chants, or in the case of Buddhism, the three jewels. In brief, meditation allows people to feel more connected with their community, and to identify themselves as a member of each religion. The process of creating my essay has been quite stressful. First off because I was almost the last person in choosing the essay topic, thus when my turn came there were not many options available to choose from. After choosing my topic, I needed to choose which religions I would be comparing. As we had done Buddhism and Hinduism before the CPT was given to us, I chose to compare and contrast both religions, which seemed really captivating to me. I have learned many new things that I have not learned before while I was doing my research work. For instance, I now understand better the purposes of rituals for other religions, especially for Hinduism andShow MoreRelatedHinduism, Hinduism And Buddhism1205 Words   |  5 Pagesafterlife has become a controversial subject across many religions. Religions such as Hinduism and Buddhism have provided a multitude of similar and different analysis behind their specific beliefs and practices. Similar to many religions practiced around the world, Hinduism portrays a great amount of belief in worshipping gods that they believe play a special role in their history. Though when speaking of Hinduism, I should mention that it does not consist of a single, dominant religion. It is aRead MoreHinduism : Buddhism And Hinduism1045 Words   |  5 PagesSoutheast Asia, particularly India, is the birthplace of many religions. India is where these two religions arose: Buddhism and Hinduism. Hinduism is a very ancient belief system derived from the lifestyle of Southeast Asia. It still has a strong presence in its place of origin and it is characterized as a family of religions. An offspring of Hinduism, Buddhism is also a family of religions, except it has less of a strong presence in its place of birth. Yet, situated to the East area of the worldRead MoreHinduism And Buddhism And Hinduism1641 Words   |  7 PagesSo far we’ve learned about Hinduism and Buddhism in India two of the most common religions found in India. One of the many things about learning about different culture is the religion that is come with. Religion is one of the many things that are unique to each and every culture. Religion views are what make a group of individuals come together and form a community. In core 7 we are learning about Hinduism and Buddhism learning about India and their religion views has helped me see the world inRead MoreHinduism And Buddhism And Hinduism1276 Words   |  6 PagesOut of the worlds many beliefs and religions, Buddhism and Hinduism make of about 20% of them (The Future of World Religions: Population Growth Projections, 2010-2050). Hinduism and Buddhism are the most influential and popular in the eastern hemisphere, mostly in and around the Asian continent. These two religions have similar ideologies. So much so that many say that Buddhism is an appendage of Hinduism. Such religions have different religious structures, which allow broader interpr etations toRead MoreHinduism And Buddhism : Buddhism942 Words   |  4 Pages Hinduism and Buddhism Park University Desmond Hutchinson RE307 â€Æ' Abstract Both Hinduism and Buddhism originated in India a very different world and origin than the other main religions. What is now called Hinduism began in India around 2000 years before the birth of Jesus Christ. Minorities in religion Hinduism and Buddhism are still well known and are growing in its followers from all over the world not just limited to the traditional geographical locations. Hinduism and Buddhism are differentRead MoreBuddhism, Hinduism, And Hinduism1817 Words   |  8 Pagespracticed today. Most of these religions are based off the belief in a god, or have a moral code that they need to follow in order to appease their god or achieve salvation in the afterlife. Three religions that will be highlighted here are Buddhism, Sikhism, and Hinduism. In each of these three religions, they all share some religious tenets, or beliefs, that is universally accepted amongst all religions around the world and throughout history. Some of these tenets include the belief in a god or a SupremeRead MoreBuddhism Vs Hinduism : Hinduism1573 Words   |  7 PagesBuddhism vs Hinduism Hinduism and Buddhism are two religions that are very open and tolerant of all people. They are religons that believe in acceptance of all and open-mindedness of other religons. Hinduism is the oldest religion on the planet that has been well established and still has a large following. To put it into perspective if religons were under 100 years old Hinduism would be 80 and Judaism and Christianity would still be in their 20s or 30s. Buddhism is also a long-standing religionRead MoreBuddhism and Hinduism881 Words   |  3 PagesSome awesome title I make Buddhism and Hinduism are two of the most philosophical religions around the world. Both religions stem from India before the Common Era and hold ranks as being one of the top five main religions around the world, therefore, having similar origins and philosophies. Hinduism places third as an organized religion and is much older than Buddhism. Hinduism and Buddhism have lasted for centuries and today is widely practiced among the world. Hinduism is considered to be monotheisticRead MoreHinduism And Buddhism1909 Words   |  8 Pages Maryann Lyons Summer 2015 homework A: Hinduism and Buddhism Reflection Answers: 1. I believe that people aren t allowed to leave the caste they are born into because in this religion, they believe that all of your sins and good deeds from your former life are added up to place you in a caste for this life. So, with that being said, if someone leaves their caste it would be considered unfair. 2. In my opinion, Hinduism values religion more than money and nobility. They have a highRead MoreBuddhism Vs Hinduism : Hinduism1773 Words   |  8 Pages05 Taylor Winchester Professor Warber HST 203 October 24, 2015 Buddhism vs. Hinduism According to the book, The Religion of the Hindus, Hinduism is the third oldest world religion that has approximately 300 million followers, most of which live in India. The holy language of Hinduism is the Sanskrit language. Hinduism is considered a religion versus a philosophy. There is no specific founder for Hinduism; however, it is closely related the customs and manner of Hindus, making it rather