A look at tort law's varying levels of duty of care, depending on the type of defendant in question.
Analytical Essay # 136853 |
2,500 words (
approx. 10 pages ) |
0 sources |
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Abstract
The paper discusses how tort law appears to discriminate between different types of defendants such as public entities, rescuers, children, manufacturers, etc. when establishing a duty of care and to whom. The paper explains that this is because the law of torts is a specialized area of the law that seeks to account for damages in a civil setting that may occur because of a breach of that duty. Further, the paper notes that much of tort law has been developed randomly, many times to fill in gaps that exist in the law, and at other times, it is influenced by public policy. The paper explains that therefore, depending upon various factors, the duty of care can be high or non-existent depending upon the type of claimant and what type of duty of care a defendant breached.
From the Paper
"Tort law appears to discriminate between different types of defendants such as public entities, rescuers, children, manufacturers, etc. when establishing a duty of care and to whom. This is because the law of torts is a specialized area of the law that seeks to account for damages in a..."
Tags:tort, law, duty of care
A review of the law concerning directors' violating their fiduciary duty to the company.
Analytical Essay # 135253 |
1,250 words (
approx. 5 pages ) |
3 sources |
APA |
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$ 25.95
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Abstract
This paper examines a hypothetical fact pattern involving the activities of the directors of an imaginary company Lopam Petroleum Company Limited. The actions are reviewed with respect to Company Ordinance Section 57B and relate common law. Each action of the directors is examined and a determination of whether the director in his actions violated his fiduciary duty to the company. The final portion of the paper is a case briefing of "Regal (Hastings) v. Gulliver", a seminal case in the standard of determining whether a director violated his fiduciary duty.
From the Paper
"This paper shall examine a hypothetical fact pattern involving the activities of the directors of an imaginary company Lopam Petroleum Company Limited. The actions are reviewed with respect to Company Ordinance Section 57B and relate common law. Each action of the directors shall be examined and a determination of whether the director in his actions violated his fiduciary duty to the company. The final portion of the paper is a case briefing of Regal (Hastings) v. Gulliver, a seminal case in the standard of determining whether a director violated his fiduciary duty."
Tags:hong kong, law, director's duties
This paper provides a philosophical analysis of Kant's moral duty in the categorical imperatives and the immorality of the Iraq war.
Persuasive Essay # 114978 |
923 words (
approx. 3.7 pages ) |
2 sources |
MLA | 2009
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$ 19.95
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Abstract
This philosophical study analyzes two of Kant's categorical imperatives, which define why they cannot justify the War in Iraq. The writer maintains that in Kant's third imperative or "action" on moral duty, the primary function of long-term warfare for the safety of American citizens cannot justify why America led a preemptive war against a sovereign nation. Also, the writer notes that the 'selfless' nature of Kant's fourth imperative defines a higher loyalty above materialism and personal gain, which was falsely engineered for the invasion through the guise of supporting global democracy and national security in the aftermath of the invasion. The writer concludes that, in essence, Kant's third and fourth moral imperatives define the action and sense of duty that simply cannot justify the War in Iraq and its highly immoral implications for American foreign policy.
From the Paper
"This aspect of the boundaries of duty and inclination are much more difficult to discern, as they are separate but not without the greater appearance of duty making the merchant look far more honest on the exterior. Kant was aware of these types of motivations of a person in relation to using reason to discern personal desire, which would eventually result in the merchant making a great deal of personal wealth out of a behavior that appeared socially honest and moral. The crucial blend of a selfish personal interest and the veneer of national security helped to promote a war that was false and immoral along Kant's own categorization of duty. Kant would ultimately agree with this principle, due to the exterior factors that made it appear as if Hussein was developing these weapons. In this manner, Kant would find this 'action' immoral due to the more selfish reasons for invading a sovereign country unilaterally under the pretense of national security."
Tags:loyalty, action, national, security, duty
An overview of the expanding number of responsibilities of school principals and their most important duties.
Essay # 72160 |
1,125 words (
approx. 4.5 pages ) |
4 sources |
APA | 2005
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$ 23.95
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This paper discusses the important duties of a school principal. The paper explains that the expanding number of duties principals must deal with include managerial and administrative tasks, hiring and retaining teachers, ensuring overall safety of schools, raising funds and ensuring state requirements are met.
From the Paper
"One of the primary challenges confronted by school principals is the ever-expanding number of duties that require a tremendous investment of time and effort. Apart from dealing with managerial and administrative tasks, school principals, in recent years, are also being trained to take on the position of instructional leaders.
Tags:Important, Duties, of, a, Principal
An analysis of the views of Gandhi, Lessing and Palmer and Wallis on the concepts of happiness, morality and duty.
Analytical Essay # 133608 |
1,250 words (
approx. 5 pages ) |
3 sources |
MLA |
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$ 25.95
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Abstract
The paper takes the three works and breaks them down in such a way that the concepts of happiness, morality and duty are discussed from the point of view of the author. The paper shows how each author expressed his ideology regarding the three concepts differently; Gandhi through his inaction which was an action, Lessing through his plays and creating works that perpetuated a higher calling for life on earth and Palmer and Wallis through a collage of people's experiences.
From the Paper
"Mahatma Gandhi is the father of civil disobedience. He prescribed to the ideology that the ends did not justify the means; in fact, it is the means that were the most important. At an early age Gandhi embraced non-violence and truth--these moral absolutes became his charge in life. In Hind Swaraj Gandhi writes "The means may be likened to a seed, the end to a tree; and there is just the same inviolable connection between the means and the end as there is between the seed and the tree" (Gandhi 115). In this quote Gandhi accentuates the importance of the means versus the result. The analogy of the seed and the tree serve to show the reader that without a..."
Tags:morality, duty, happiness
An analysis of "The Way of Duty" by Buel & Buel.
Book Review # 120986 |
1,000 words (
approx. 4 pages ) |
2 sources |
APA | 2008
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$ 21.95
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This paper is a book review and evaluation of "The Way of Duty" by Buel & Buel, based on a quotation from the book's preface.
From the Paper
"In their book "The Way of Duty" about the life of Mary Fish Silliman, the Buels make the statement; "The culture that bred her had given her a view of life that was essentially religious, and her ability to yield to change without surrendering that essence made her a powerful force for the transmission of traditional values across the gulf that separated the founders of America from those who achieved America's independence." This statement encapsulates the..."
Tags:The Way of Duty, Buel, hardship, religion, Christian
Analyzes the principle of 'duty of care' through various English case laws.
Research Paper # 106571 |
4,875 words (
approx. 19.5 pages ) |
41 sources |
MLA | 2008
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$ 74.95
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Abstract
This paper explains that, in England, the principle of 'duty of care' is an essential ingredient in torts and imposes liability on persons who breach the same in a contract under the tort law. The author points out that 'duty of care' stands as one of the most basic foundations of this law and is unavoidable. The paper then elaborates and throws light on what exactly the principle means and holds, and enumerates various instances where a standard degree of duty or care is expected to be adhered to.
Table of Contents:
Introduction
Hypothesis
General Instances of Duty and Care
Duty of Care and Product Liability
Changing Perspective with regard to Product Liability
Conclusion
From the Paper
"Suppliers of goods, both retailers and wholesalers have been held accountable when their function exceeded the purview of mere distribution. For example, a car dealer selling vehicles reconditioned by him (Herschtal vs. Stewart and Ardern Ltd. [1940 1 KB 155]), a retail chemist (Kubach vs. Hollands [1937] 3 All ER 907) who failed to examine the manufacturer's directives to test the product before labeling it, were both found to be liable to injured customers. The term 'products' would include not only food and drink, but any product which is used for domestic purposes."
Tags:liability, accountable, negligence, contract, victim
Fiduciary Duties and the House of Lords
A look at the recent House of Lords decisions surrounding the concept of fiduciary duties and constructive trusts.
Essay # 62148 |
2,568 words (
approx. 10.3 pages ) |
10 sources |
APA | 2005
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$ 46.95
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Abstract
The common law assembly including tort, contract and unjust enrichment provide several remedies for a breach of an obligation or duty. This paper examines how the laws relating to fiduciary duties demand specific attention and discusses why they should be placed under a separate sub-category of the law. It attempts to show how the Courts desperately need to consider whether the concept should be a strictly unified one thereby making the categories highly limited, or if fiduciary duties are capable of arising in so many circumstances that a limited concept would not be utilitarian, if indeed socially acceptable.
Outline
Introduction
Equity's Approach to the Concept of a Fiduciary Relationship
Fiduciary Duties, the House of Lords and the Maxims of Equitable Doctrines
Conclusion
From the Paper
"In 1992 the Law Commission conducted a report to examine whether English Law adequately protects the individuals to whom a fiduciary duty is owed and if privately enforceable fiduciary duties as opposed to mere regulations are stipulated sufficiently clear to practitioners as well as natural legal persons. Its findings were not surprising. It highlighted the vagueness of what constitutes a fiduciary relationship, and despite the categorisation of particular instances where a bona fide obligation arises, 'there has been no clear, universal test accepted in cases for classifying these particular relationships as fiduciary'. The common acceptance and nature of the five categories of fiduciary relationships, however, are not entirely defined nor closed; but is instead described as a 'flexible category' which extends the scope of obligations arising from fiduciary relationships."
Tags:equity, court, common, law, tort
An analysis of the contention that those within society have a moral and obedience related duty to obey the law.
Analytical Essay # 138306 |
1,000 words (
approx. 4 pages ) |
1 source |
MLA |
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$ 21.95
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Abstract
The paper discusses how Patterson (1996) states that since the time of Plato there has been the contention that those within society have a moral and obedience related duty to obey the law (p. 465). However, the paper discusses how Patterson (1996) further contends that this belief has been subjected to the scrutiny of duty and obeying the law when it does not interfere with duties that are considered more important than legal proclamations (p. 465).
From the Paper
"Political authority consists of a bundle of rights that are independent of any correlative obligation to obey the law. Patterson (1996) states that since the time of Plato there has been the contention that those within society have a moral and obedience related duty to obey the law (p. 465). However, Patterson (1996) further contends that this belief has been subjected to the scrutiny of duty and obeying the law when it does not interfere with duties that are considered more important than legal proclamations (p. 465). In other words, some philosophers have concluded that obeying the law is normally the..."
Tags:locke, philosophy, law
This paper examines the psychology of self and duty in "A Doll's House" by Henrik Ibsen.
Analytical Essay # 90286 |
900 words (
approx. 3.6 pages ) |
4 sources |
2006
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$ 19.95
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Abstract
The paper analyzes the psychological dictates of self and duty in the Victorian patriarchal household of "A Doll's House" by Henrik Ibsen. The paper discusses how one of the conflicting aspects of the play involves Nora questioning her duty to her husband, Torvald, but it is the feminist duty to self that truly forces her to leave. The paper explains that the Freudian aspects of penis envy in relation to her unconscious rebellion, relate her identity as a housewife.
From the Paper
"This drama analysis will examine the nature of psychology and the self in regards to Nora's departure from Torvald in the play "A Doll's House" by Henrik Ibsen. The paper shows the other aspects of sociological and personal reasons for Nora's departure and Nora's lack of self-identity in a Freudian psychological perspective. However, it is Nora's sense of self as a feminist that has her reject her sense of patriarchal `duty' to her tyrannical husband. In essence, this analysis will focus on the duty to self versus duty to others conflict that arises within the psychological issues that arise within Ibsen's "A Doll's House." In regards to the feminist `self', Nora can be seen as a social rebel to the patriarchal social norms of her times."
Tags:ibsen, play, feminism