Problem Answers on Tort Law - Free Essay Example

Sample details Pages: 8 Words: 2391 Downloads: 1 Date added: 2017/06/26 Category Law Essay Type Case study Tags: Contract Law Essay Tort Essay Did you like this example? Tort Law Can the owner, Mary successfully sue Tom for the damage to her car because of negligence? Identify and discuss the essential element of the tort law that she must prove. To sue Tom for the damage to her car, Mary need prove three important factor: Don’t waste time! Our writers will create an original "Problem Answers on Tort Law" essay for you Create order Tom owed them a duty of care: She able to prove that Tom failed to exercise reasonable care while he was towing the car which parked on car park without permission. In which Mary need to prove the Tom own her a duty of care and directly affected by car damage. Also fair that Tom should pay Mary for her car damage. Tom breached duty of care: She also need to prove that Tom didnà ¢Ã¢â€š ¬Ã¢â€ž ¢t meet appropriate standard care while to towing her car, as he was distractive by attractive girls. As his job is to towing the car very carefully while paying attention to each moment cause it might cause car damage and hurt other people. Mary need to prove that she suffered as direct consequence of the breach: In which Mary need to prove that there is causal connection between the Tom Negligent and Maryà ¢Ã¢â€š ¬Ã¢â€ž ¢s plaintiff suffered a loss caused by the breach of duty. The loss thus suffered was not too remote from the tortious act of decedent. Maryà ¢Ã¢â€š ¬Ã¢â€ž ¢s brother was at the back of car asleep. Because of the accident he breaks a rib and bruises large parts of his body. Can Maryà ¢Ã¢â€š ¬Ã¢â€ž ¢s Brother sue for the personal injuries? Discuss why or why not. Maryà ¢Ã¢â€š ¬Ã¢â€ž ¢s brother canà ¢Ã¢â€š ¬Ã¢â€ž ¢t sue Tom for the personal injuries because as in New Zealand the corporation ACC will take care of every individual who surfing from any injuries or accident, and who canà ¢Ã¢â€š ¬Ã¢â€ž ¢t work. Maryà ¢Ã¢â€š ¬Ã¢â€ž ¢s brother will get help from ACC which will provide finical compensation and entitlements to Maryà ¢Ã¢â€š ¬Ã¢â€ž ¢s brother who is suffered from personal injuries. And they will give him weekly compensation for lost earnings which also include vehicle modification for seriously injured. Tom has already told Mary he has no money to pay for any repair. Is there anything else Mary can do to recover her costs/ compensation? What must she prove? Yes, if Tom donà ¢Ã¢â€š ¬Ã¢â€ž ¢t have enough to pay for damages then Mary can sue The Speedy towing Ltd for which Tom work. As ità ¢Ã¢â€š ¬Ã¢â€ž ¢s the employer is responsible for the harm/damage which caused by an employee in the performance of the employeeà ¢Ã¢â€š ¬Ã¢â€ž ¢s duties. According to the Law the Speedy Towing required to pay Maryà ¢Ã¢â€š ¬Ã¢â€ž ¢s car damage suffered by Tom from the competitive activity. Section B Contract Law Q1 There is no contract has been made between Bella and Len as it is part of cross- offer between both parties. Because Bella say à ¢Ã¢â€š ¬Ã‹Å"OK, Ià ¢Ã¢â€š ¬Ã¢â€ž ¢ll give you the 3,500 à ¢Ã¢â€š ¬Ã‹Å"at same time as Len says à ¢Ã¢â€š ¬Ã‹Å"agreed, deal done.à ¢Ã¢â€š ¬Ã¢â€ž ¢ to John. There is no contract been made in between both parties until Andrew pay the money and accept the item as per contract law, but according to the study Warehouse mentioned there advertisement as an invitation for the customer. And they donà ¢Ã¢â€š ¬Ã¢â€ž ¢t have to mention the number of stock. According to the contracts Enforcement Act 1956 ità ¢Ã¢â€š ¬Ã¢â€ž ¢s not a contract between Ben and William because it simply based or involves promises. But Ben must perform the promises which is equitant to the William performance as he was very helpful in in clearing Benà ¢Ã¢â€š ¬Ã¢â€ž ¢s lifestyle block from gorse. Nope because it will not be any contract because in contract law ità ¢Ã¢â€š ¬Ã¢â€ž ¢s important that one party makes an offer and the other party should accepted. According to the case study Alison want to buy the firewood and gave voice mail on Johnnyà ¢Ã¢â€š ¬Ã¢â€ž ¢s phone but as Jonny didnà ¢Ã¢â€š ¬Ã¢â€ž ¢t received her mail, and we canà ¢Ã¢â€š ¬Ã¢â€ž ¢t be sure if she accept the offer or not by which offer is not effective until it has been received. No Mansion is not contractually bound to pay for the 2000 tins of Brand X paint. As according to contract law no contract exists until an offer so obtained has been accepted. Also the basic rule for a valid contract is that acceptance must be communicated to the offer. And according to the case study Zutalors sent a truck which arrived at the office of Maisnon, carrying 2000 Tins of brand X paint with a letter from Maisnon which stated that à ¢Ã¢â€š ¬Ã…“I agree to supply the 2000 tins of brand X paint that you orderedà ¢Ã¢â€š ¬Ã‚  with price of $75 per Tin. Which shows that the action was taken by Maisnon without the knowledge of the offeree will not usually create any obligation upon the offeree to pay for the work as she had no opportunity to refuse the services. Consideration Explain if there is a legally binding contract between Ruth and Alexander. No there is no legally binding contract between Ruth and Alexander because Ruth promised to give $500 to Alexander in past and according to the contract law of consideration the promises done in past will not count as consideration. The promise cannot be based on the consideration that was given or said or done after the promise was performed. Explain if there is consideration between the driver of XJ18 and Fred? Yes there is the contract law consideration between the driver of XJ18 and Fred as driver beckons Fred to clean his car window which mean he accept the offer through outward sign to Fred. Also according to legal consideration Fred performed the act as driver requested and ità ¢Ã¢â€š ¬Ã¢â€ž ¢s clearly understood by both parties that Fred will be reward according to his act which was cleaning the car. Question 2 Vitiation of contract Capacity of minor Explain whether Budget Motors Limited is able to enforce the agreement Yes because according to the Minorà ¢Ã¢â€š ¬Ã¢â€ž ¢s Contracts Act 1969 is able to enforce the agreement/contract with a person who is above 16 year old. According to the case study Budget Motors Limited able to do contract and sell bike to Ricardo as soon as company follow the consideration was not inadequate as unconscionable and has no oppressive or harsh provision. The contract should be reasonable and fair otherwise it will not be consider enforceable between Budget Motors Limited and Ricardo. Advise Andy whether either or both of these contracts may be avoided. Yes Andy can avoided both case but he can only do this if he prove to court that both contracts are not fair or reasonable according to section 6 of Minorà ¢Ã¢â€š ¬Ã¢â€ž ¢s Contract Act 1969 after this courts will consider under which circumstance the contract were made and what is the values of property that her Mom gave to Angelo Peabody. Court will also consider Mrs Peabody age while she signed the guarantee and the mortgage over her house to Charles. Advise if D Can get out of the contract which he done with F. Yes D can still get out of the contract if he can prove in front of the court that the contract was not right and F took an advantage of his personal health as his eyes sight is poor and he mislaid his glasses. Can also explain that the circumstance in which contract was made was not right as F was very eager and D became F became very eager and D didnà ¢Ã¢â€š ¬Ã¢â€ž ¢t read the document properly. Explain whether Lisa can cancel the contract. Yes Lisa can cancel the contract because Paul include Lisa in contract by misrepresentation about his lunch bar restaurant profit and fail to discloser that business school which move to another part of Auckland which is impropriate in term of Contract Law. Thatà ¢Ã¢â€š ¬Ã¢â€ž ¢s why Lisa can cancel the contract and obtain damages including the amount $5,000 that she paid Paul. Restraint of Trade Advise Jake on his legal Position. Jack can sue Micky under the contract that restricts the freedom of an individual or as Micky is about to open a cafÃÆ' © two kilometres away from bakery which is against the contract that they signed for The Night Kitchen. Question 3 Remedies Cancellation: I going to explain through an example in which there are2 different parties called X and Y. In which X put add on trade me in which he mentioned that house is located in best area with nice neighbours. But when Y bought the house after 1 mouth he found out that there is group of young people live next to his neighbours who play loud music every day and break into Yà ¢Ã¢â€š ¬Ã¢â€ž ¢s car more than 2 times. X is the innocent party which as include into the contract by misrepresentation. Where Y is the one who didnà ¢Ã¢â€š ¬Ã¢â€ž ¢t take responsibility neighbours and house after selling house. According to section 7(3) an innocent party may cancel a contract if he/she proof that had been induced into the contract through misrepresentation. And other party didnà ¢Ã¢â€š ¬Ã¢â€ž ¢t gave the right information about the property or product while selling to innocent party. Damages Yes Strephone expected to get $200,000 because it is reasonable to think that since the Phyllis Construction Ltd knew that the Strephone is in Hotel business, and due to delay the hotel will not make profit from their customer which they usually get. Strephone will not get 250000 for the loss of a major international conference because the incident happened under ordinary circumstances. Strephone will get ordinary profits but not for special dyeing contracts that Phyllis construction didnà ¢Ã¢â€š ¬Ã¢â€ž ¢t know as ità ¢Ã¢â€š ¬Ã¢â€ž ¢s not a part of contract which singed between both parties. Debit Recovery No because according to Law the High Tec should give him notice and discuss the reasons about the less payment which was paid by Crown Hotel manager. High Tec canà ¢Ã¢â€š ¬Ã¢â€ž ¢t sue straight without notify the Manger of crown Hotel and they should warned him to pay rest of the money before the filed case against The Manager. Question 4 The Employment agreement To be known Lydia Ko (Employee) agree to work for Bing Dai (Programme leader for business) as a full time support staff. Position The Employee is begin employed as support staff for Bing Dai who is programme leader for business. Employee need to perform according to instruction given by Bing Dai. Termination of Employment The Bing Dai Employer may terminate the trail period which is 90 days by giving notice to the Lydia Kio Employee within the trail Period. The Lydia Kio Employee may terminate the agreement by any cause by giving 2weeks notice in writing to Employer for resignation. Likewise Bing Dai Employer is required to give 2 weeksà ¢Ã¢â€š ¬Ã¢â€ž ¢ notice to terminate. Terminate for Serious Misconduct According to this agreement the Bing Dai Employer have authority to terminate Lydia Ko Employer without giving any notice in writing or oral. List of serious misconduct: Dishonesty Student harassment or harassment reading colleague. Continuously failure to follow given instruction Poor performance continuously Damage any property related to school. Action which damage the school and Employerà ¢Ã¢â€š ¬Ã¢â€ž ¢s reputation. Suspension In case where Employer want to investigate any misconduct or damages, the employer have authority to suspend an Employee after considering the Employeeà ¢Ã¢â€š ¬Ã¢â€ž ¢s view. The employer get paid until the investigation is carried out. Working Hours The Employeeà ¢Ã¢â€š ¬Ã¢â€ž ¢s hours of work shall be 40 hours per week, between the hours between 09:00 am to 05:00 pm. Employer may also requested to work on weekends. Passing of Property and Risk Question 1 Explain by the reference to the appropriate sections in the Sales of Goods Act 1908 why this is a contract of sales of goods. According to the sales of goods act 1908 S3(1) the sales contract can only be made if the sellers agree to transfer the property in good to any buyer for exchange of money. As per case Lisa agrees to sell her Garden shed to Paul in exchange of $225 that why it comes under contract of sale of goods. Under the sales of goods act 1908 S20 Rule 2 it is clearly mentioned that if the seller is bound to do some changes in the good that he/she going to sell for the purpose of putting that particular goods in deliverable state, then the property/goods still belong to seller until it get approved or notice to the buyer. Thatà ¢Ã¢â€š ¬Ã¢â€ž ¢s why it still belong to Lisa. Lisa will bear the loss as according to the sales of goods act 1908 First Lisa should deliver the property/good should be in condition what Paul asked for within given time frame and 2nd the property will not belong to buyer until it get approved by buyer. Question 2 According to the Sales of Goods Acts 1908 Section 21 ità ¢Ã¢â€š ¬Ã¢â€ž ¢s clearly mentioned that by the appropriated term in the contract, Sims Cycles as seller may reserve the right of disposal until the conduction which was set by Sims Cycles and Cyclone cycles are fulfilled which is payments of the price of Bicycle that Cyclone Cycles bought from Sims Cycles. Question 3 Under s 17, where goods are sold by sample, there are four element in the implied term. What are they? If someone buy something through sample then there are three thing he/she should know: The product should meet same as the sample, it not supposed to different from sample. The buyer should have opportunity to compare the sample with product he/she is going to buy. And last the product should be free from any kind of defect or from any harmful defect. Yes Joe should be justified in rejecting the oil, as he thought that Amphitrite Soybean Oil is a cooking oil as other Soybean Oil which is only used for cooking. But in other hand Joe should request for sample so that he can sure that the oil he going to order is matched with sample according to the S17 of sale by sample. References Consumer Affairs New Zealand. (2010, May 21). Minor. Retrieved from www.consumeraffairs.govt.nz: https://www.consumeraffairs.govt.nz/for-consumers/credit-and-debt-1/your-credit-contract/copy_of_minors Consumeraffairs. (2014, July 17). Consumer guarantees for goods. Retrieved from https://www.consumeraffairs.govt.nz/: https://www.consumeraffairs.govt.nz/for-business/compliance/quality-of-your-goods-or-services/goods-sold-by-retailers/consumer-guarantees-for-goods/#sample Ministry Of Justice . (2013). Full List Of Clauses. Retrieved from https://dol.govt.nz/: https://dol.govt.nz/Tools/EmploymentAgreementBuilder/(S(elhpka2si5wgu2y5sysickxk))/Guide/Default.aspx Parlement Concil Office. (2013). Contractual Remedies Act 1979. Retrieved from www.legislation.govt.nz: https://www.legislation.govt.nz/act/public/1979/0011/latest/DLM31590.html

The Black Music The Soul Of Black Folk - 1855 Words

Represent Many parts of music popular culture was created or directly influenced by Black music. Through the history of Black musical forms, each style represented a reality of the Black community, whether regionally or based on the time period and politics. Before enslaved Africans had the education to write their stories, they were told orally, often set to music. Highlighting the genius of a people, when there were ideas and stories that were adverse to those in power, Black people were able to hide their true messages in a song. This tradition never changed, even with emancipation, reconstruction, civil rights, and black power. Still oppressed in many different ways, music still captures and retells the reality of life as a†¦show more content†¦From the political unrest of the 1950’s, 60’s and 70’s Civil Rights, anti-Vietnam protests, and emergence of Black Power/Black Revolution ideals, soul music captured a variety of ideologies and presented them to the masses. Music allowed for a mix of the ideologies to the mass of Blacks across the nation, without having to formally declare one main ideology as the only one they subscribed to. Soul then gave birth to funk which allowed more freedom in musical expression while appropriating religious zeal and traditions and keeping critical political discourse. Major funk artists like Sly and the Family Stone, Parliament/Funkadelics, and the ever evolving James Brown provided pro-Black messaging with holy ghost inspired concerts that were really religious meetings. Whether it was the pentecostal services of Sly or the afrocentric sci-fi ideals of George Clinton, a historic sound and tradition that is unapologetically Black happened for all audiences. As the decade of the 1970’s came to an end, a new Black music emerged like much of the others - wrapped in social realities of an genuinely Black experience. Rap/Hip Hop bursted on the seams relating many of the same political messages and ideologies heard decades before. Echoing the Black Power movement and using the musical culture as a way to rebuild Black communities constantly under attack, rap brought real life stories of an urban, youngerShow MoreRelatedThe Souls of Black Folk1595 Words   |  7 Pagesthe text of The Souls of Black Folk embodies Du Bois experience of duality as well as his peoples. In Du Bois Forethought to his essay collection, The Souls of Black Folk, he entreats the reader to receive his book in an attempt to understand the world of African Americans—in effect the souls of black folk. Implicit in this appeal is the assumption that the author is capable of representing an entire people. This presumption comes out of Du Bois own dual nature as a black man who has livedRead More Langston Hughes Essay1356 Words   |  6 Pagesand exploration for African Americans . 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Learning and Creativity Asthetic Learning

Question: Describe about the Learning and Creativity for Asthetic Learning. Answer: Introduction The purpose of this study is to write a reflective essay focusing upon the relationship between the learning and creativity. The first part of the study emphasis on the various aspects of learning and creativity, secondly the study highlights the various learning units and the four relevant learning outcomes and various examples and explanation of those studies. There has been taken use of various images and videos for making understand the creative aspect of the study. Reflective Essay From undergoing the various learning I have analyzed that the aesthetic learning is present all throughout our lives. In this the impressions ante transferred into expressions. There is also a symbolic presentation of the thoughts. While undergoing the learning I have understood that the creativity element has a major impact in every single thing as well as there is relationship between learning and creativity. The subjects where there were more creativity and pioneering elements that was very much interesting and was easy to understand whereas the learning which lack in creativity element develops a kind of regularity in the learning. In my views and opinions I have found very interesting when there is an integration of creativity and nature. The outcomes are very attractive and eye-catching as well as innovative. I also get influenced that the aboriginal communities and indigenous people must have v various learning through different learning styles and try to provide them the poss ible benefits and amenities so that they can also have a better living standard. Week 3: Learning styles There are various theories and the main objective of these theories is to provide differentiate learning as per the individuals needs and requirements. The basic purpose is only to give a better understanding to all the people of the various learning (Johnson, et al., 2013). Here the learning can be associated with the teaching of aboriginal students. The aboriginal students are required to provide better teachings so that their living standards can be uplift in the society as well as they can have a better live condition. There are various initiatives which have been taken to provide teachings to the aboriginal students. One of such example is this video on YouTube: https://youtu.be/DvrPs6FmlK4 In this the aboriginal students a learning for music. These are also the learning style to develop the aboriginal students. There are various other learning styles which can help in developing and teaching these students such as with courage, empathy and honesty as well as by understanding the differences the learning should be based over that so that the aboriginal students can be open to learn (Munns, O'Rourke and Bodkin-Andrews, 2013). Week 4: Creativity When there is learning related to creativity, it is understood that creativity can be compelled with anything and can bring out an innovative element which can be useful in several aspects. Here the creativity is in terms of children often using internet in very little age. They are enhancing their creativity with the use of internet but then also in some aspects they are losing their creativity (Camden-Pratt, 2007). Thus it is said that before taking initiatives to save the nature for future generation. The present generation must involve with the nature in the various aspects so that they can have a better engagement with the natural elements. And it is essential to maintain the creativity of the children rather than making them expert in technical field with the rapid use of internet and information technologies. Creativity is an aspect which should not be gone from their lives. And then only they will be able to develop themselves (Robinson, 2011). Week 7: Nature and Creativity Creativity is the element which changes the texture, design and significance of a thing. A simple thing turns out to be very attractive and eye-catching just because of the creative element imposed in it. The most innovative form of creativity is creativity in nature. The implementation of the creative arts in the nature has been rising rapidly (Boy, 2013). The creative arts applied in nature have given the old and historic things a new, innovative and appealing look. People are using these nature creativity things as home dcor. The people involved in these activities have established a robust business platform by these creative things and are earning successful worldwide. Some people often involve in these activities just to have fun, laughter and playfulness. But the attraction towards this nature creativity is kept on rising. There are various classes where teachers used to make the children learn these arts to apply in the nature and environmental things. There are various examples of such creativity are making statues from sand near the sea shore, paper lamps, grass slippers etc. One concept generated was best from waste in which from the waste resources or materials the people with their creative arts and ideas create various things which are really useful and attractive. Thus the concept of creativity when integrated with nature resulted into various pioneering elements (Marshall, 2005). Week 10: Learning about Culture The next learning is related to the culture. There is a significant need that there must be effective understanding o the culture to integrate the societies of different cultures. Thus to understand and uplift the aboriginal communities the first requirement is to understand their indigenous culture. In Australia and also various other parts of the world there are several communities which are based on the indigenous culture and are striving hard to get economic benefits, rights, better living standards and health amenities. But in spite of various measures they are still not being the part of the general community and thus to indulge them in the society and give them equal opportunity to grow there is a need to understand their indigenous culture effectively. The indigenous Australians are the terminology which is used for the people who are the aboriginal ones (Johnson, et al., 2013). These people have distinctive culture, beliefs and living standards which are somehow different from the general aspect. They are still counted in the backward communities who are far away from development and growth. There is a strong need that these indigenous Australians must have economic development as well as they should also be provided with each and every possible benefit and facility so t hat they can also have their significant presence3 in the society (Feeney and Moravcik, 1987). Conclusion The above study concludes that there is a strong relation between creativity and learning. To have better learning there is a need to have creativity in the learning styles and methods. The more the creativity is there the lesser would be the chances of faults and confusion. There were various learning weeks which have provided various knowledge and learning. And out of that the four learning have been implemented and there outcome has been analyzed which gives a great understanding of creativity and learning that how they are helpful in uplifting the aboriginal communities as well as in developing various other segments. Therefore from this study it can be concluded that the more creativity will involve with nature, studies, learning and all other aspects the better will be the outcomes and increased efficiency will take place. References Boy, G. A. (2013, August). From STEM to STEAM: toward a human-centred education, creativity learning thinking. InProceedings of the 31st European Conference on Cognitive Ergonomics(p. 3). ACM. Camden-Pratt, C. (2007). Creative arts and critical autobiography: Challenges of blending the deeply personal and the academic in qualitative research. In Being critical and creative in qualitative research (pp. 248-259). Sydney, Australia: Hampden Press. Feeney, S., Moravcik, E. (1987). A thing of beauty: Aesthetic development in young children.Young children,42(6), 7-15. Johnson, G. M., Oliver, R., Nguyen, T., Orr, B., Roco, M. (2013, June). Cognition, literacy and mobile technology: A conceptual model of the benefits of smartphones for Aboriginal students in remote communities. InProceedings of World Conference on Educational Multimedia, Hypermedia and Telecommunications 2013(pp. 1273-1278). Marshall, J. (2005). Connecting art, learning, and creativity: A case for curriculum integration.Studies in Art Education,46(3), 227-241. Munns, G., O'Rourke, V., Bodkin-Andrews, G. (2013). Seeding success: Schools that work for Aboriginal students.The Australian Journal of Indigenous Education,42(01), 1-11. Robinson, K. (2011). Preface. InOut of our minds: Learning to be creative(rev. and updated ed., pp. viii-xvii). Oxford, UK: Capstone.