Law of Tort Essay Example | Topics and Well Written Essays - 2500 words

Law of Tort - Essay Example 1. In the case of PC Black and Mrs. de Vere it is advisable that they can sue Mr Brown for making the allegations that they are involved in an adulterous relationship as well as the publishers of the Priestwich Echo for publishing this particular story. They can sue for defamation given that their reputation has been tarnished as a result of these allegations. Basically, Defamation is a group of torts which seeks to protect a person’s reputation from unwarranted attack and at first glance, these may appear to thereby protect privacy (Sweet & Maxwell, 1998). Defamation is divided into two categories namely slander (oral) and libel (published). Individuals can sue for libel as long as the permanent statement is damaging to their reputation, is false and is communicated to more than one person. It is advisable that they approach Mr Brown so that he can retract his statement if they are very sure that that it is a false allegation. If he refuses to offer an apology and retract tha t statement, they can proceed to file a suit for defamation against him as the allegations have negatively impacted on their reputation. After the publication of this story, the village is awash with this rumour and as a direct consequence of the allegations made by Mr. Brown, Mrs. de Vere was asked by the members of the Women’s Institute to resign from her position as chairwoman of the Institute for bringing the organisation ‘into disrepute.’ It is also advisable that they approach the publishers of the Priestwich Echo to retract the story and offer an apology given that they can prove the story to be wrong. However, it is also advised to Mrs de Vere and PC Black that for libel, the defences available include: justification/truth if the defendant can show that his statement was substantially true, fair comment merely expressing a truly held opinion that is a matter of public interest. Unintentional defamation and this can be retracted and innocent dissemination. The plaintiffs must prove that the statement is defamatory, it has been published and there are special damages for slander. For instance, in the case of (Duncan and Neill para 14.07, Hebditch v MacIlwaine [1894] 2 QB 54 at 58, [1891-4] All ER Rep 444 at 445 per Lord Esher MR and Adam v Ward [1917] AC 309 at 318, [1916-17] All ER Rep 157 at 160 per Lord Finlay LC), the jury held the judgement in favour of the defendants given that the issue published was a matter of public interest. It is therefore important that they can prove to the court that a case of defamation has been committed and it has directly impacted on their reputation otherwise they may lose their money for nothing filing for a losing lawsuit. It is advisable to Stuart Farqhuar, the MP to sue the publishers of the Priestwich Echo for publishing a story that is damaging to his reputation as a public figure and he can also sue Mr. Brown for making the allegations. The reporter, Joe Johnson makes reference to unsubstant iated rumours

Genes and Environment Research Paper Example | Topics and Well Written Essays - 1000 words

Genes and Environment - Research Paper Example DNA is present on the chromosomes in a coiled helical manner and controls the cellular metabolism as it has nitrogen base that contains four different nitrogen bases- Adenine (A), Guanine (G), Cytosine (C), Thymine (T). A pairs with T with a double Hydrogen bond while G pairs with C with a triple nitrogen bond. On the other hand, RNA also contains A, G, and C but instead of T, it has U, the Uracil. The exact sequence of the base pair is required for the formation of a particular protein any change in the sequence of the base pairs changes the structure and function of the protein molecule and hence the cellular metabolism is affected (Alberts, 2002; Snustad, 2002). DNA controls the cellular environment as well as the metabolic processes, synthesizes mRNA molecule by the process of transcription, RNA, in turn, synthesize polypeptide chain by the process of translation. Polypeptides are the basic structure of the protein molecules. These proteins are responsible for the formation of en zymes which control the cellular mechanism and hence influence the survival of the organism (Alberts, 2002; Snustad, 2002). Genes possess information to maintain the cellular environment and trigger the formation or stoppage of the formation of the polypeptide. Depending on the cellular requirement the genes are switched on and off. Genes are the heritable units i.e. they pass the genetic traits to the offspring. The genetic makeup of the organism is called the genotype while genes also govern the external appearance of the organism, the phenotype. It is because of genes an offspring resemble parents in appearance and behavior to a certain extent. Thus, genes are the most vital components of life and carry out all the biological processes (Alberts, 2002; Snustad, 2002). The number of genes varies from organisms to organisms. For instance, micro-organisms possess single chromosomes and therefore they have limited genes. Viruses, which are considered to be the connecting link between the living and non-living entities carry either DNA or RNA. For their replication and multiplication, they pass only the genetic material to the host cell and this genetic material takes control over the host cell machinery to make multiple copies of the viral particles. Thereby highlighting the fact that genes retain all the information required for the formation of the complete organism, from the single cell to multicellular organisms (Alberts, 2002; Snustad, 2002). Multicellular organisms possess a greater number of chromosomes, for instance, human beings have 23 pairs of chromosomes carrying different genes located on different chromosomes to carry out different physiological and biological processes (Alberts, 2002; Snustad, 2002). Interaction of genes As genes are chemical entities, they are liable to interact with various physical and chemical molecules. These chemicals interact with the genetic molecules and potentially alters their characteristics. Alteration of genes is cal led mutation (Alberts, 2002; Snustad, 2002). Alteration of genes occurs in many ways either in terms of addition, deletion, duplication of base pairs. These alterations are responsible for various genetic anomalies.

Disfunctional equals to monsters Essay Example | Topics and Well Written Essays - 1250 words

Disfunctional equals to monsters - Essay Example The monster is a part of the human psyche, a manifestation of what is not the same, threatening to the status quo, or oppressive. Human pain is the central core to identifying and defining the concept of the ‘monster’, and in the relationship that is between the monster and victim, it is not always the perceived monster that holds the true evil. It is the fear of the unknown that is the core of the relationship between the monster and the victim. In the film, Snow White and the Seven Dwarves (1937), the dwarves determine that the creature under the sheet, which is actually Snow White, is a monster, and they determine before knowing what is under the sheet that they will kill it and chop it to pieces. All they knew was that the creature was an invader with an unknown intent, and the instinctual response was to destroy it without prejudice. This is the relationship that the unknown has with culture, representing something to fear and to despise without understanding anythi ng of the motivations that have brought the creature into existence. It is the fear of what it represents that gives the monster power while at the same time stealing from it its humanity, regardless of the level of humanity on which it relies. A monster may be a creature that is more animal, which would then deserve the compassion of humanity, or it may be a humanoid who seeks to belong and in its rejection, rebels with violent retribution. Regardless of its form, the monster/human relationship is one of the unknown as it threatens the known. According to Briefel â€Å"It is the monster’s pain that determines audience positioning in the horror film† (16). Take note it is the monster’s pain, not that of the victims who has creates the relationship. Briefel goes on to discuss the series of masochistic acts that are the predecessors to the eventual acts that the monster commits against victims. As an example, in Dr. Jekyll and Mr. Hyde (1931), the doctor administe rs a potion that gives him both extreme pain and satisfying pleasure, enough so that he takes the potion repeatedly as he turns into the monster. Freddy Krueger in the Nightmare on Elm Street series created by Wes Craven self-mutilates throughout the series, horrifying his potential victims with the pain that ripping of his own flesh, removing fingers or slicing open his own head (Briefel 17). In the case of Freddy Krueger, the self-mutilation serves as a point of alienation, his apparent lack of feeling in contrast to the threshold of pain that has been far exceeded by the average audience member. In the case of the character of Dr. Jekyll, his monstrosity is in his addiction to the power that is created when he is Mr. Hyde, the alienation from the audience created through the contrast he makes to the choices that the audience might make, but his allure through the temptation that he represents. In this way, the connection becomes one of both revulsion and fascination, the desire t o give into darker impulses fulfilled by the conscious, hideous choices of the monstrous representation. For many monsters, however, being a monster is not a choice but something that is imposed upon them and the true monstrosity is in the reactions of those who must cope with the presence of a creature that is

Genes and Environment Research Paper Example | Topics and Well Written Essays - 1000 words

Genes and Environment - Research Paper Example DNA is present on the chromosomes in a coiled helical manner and controls the cellular metabolism as it has nitrogen base that contains four different nitrogen bases- Adenine (A), Guanine (G), Cytosine (C), Thymine (T). A pairs with T with a double Hydrogen bond while G pairs with C with a triple nitrogen bond. On the other hand, RNA also contains A, G, and C but instead of T, it has U, the Uracil. The exact sequence of the base pair is required for the formation of a particular protein any change in the sequence of the base pairs changes the structure and function of the protein molecule and hence the cellular metabolism is affected (Alberts, 2002; Snustad, 2002). DNA controls the cellular environment as well as the metabolic processes, synthesizes mRNA molecule by the process of transcription, RNA, in turn, synthesize polypeptide chain by the process of translation. Polypeptides are the basic structure of the protein molecules. These proteins are responsible for the formation of en zymes which control the cellular mechanism and hence influence the survival of the organism (Alberts, 2002; Snustad, 2002). Genes possess information to maintain the cellular environment and trigger the formation or stoppage of the formation of the polypeptide. Depending on the cellular requirement the genes are switched on and off. Genes are the heritable units i.e. they pass the genetic traits to the offspring. The genetic makeup of the organism is called the genotype while genes also govern the external appearance of the organism, the phenotype. It is because of genes an offspring resemble parents in appearance and behavior to a certain extent. Thus, genes are the most vital components of life and carry out all the biological processes (Alberts, 2002; Snustad, 2002). The number of genes varies from organisms to organisms. For instance, micro-organisms possess single chromosomes and therefore they have limited genes. Viruses, which are considered to be the connecting link between the living and non-living entities carry either DNA or RNA. For their replication and multiplication, they pass only the genetic material to the host cell and this genetic material takes control over the host cell machinery to make multiple copies of the viral particles. Thereby highlighting the fact that genes retain all the information required for the formation of the complete organism, from the single cell to multicellular organisms (Alberts, 2002; Snustad, 2002). Multicellular organisms possess a greater number of chromosomes, for instance, human beings have 23 pairs of chromosomes carrying different genes located on different chromosomes to carry out different physiological and biological processes (Alberts, 2002; Snustad, 2002). Interaction of genes As genes are chemical entities, they are liable to interact with various physical and chemical molecules. These chemicals interact with the genetic molecules and potentially alters their characteristics. Alteration of genes is cal led mutation (Alberts, 2002; Snustad, 2002). Alteration of genes occurs in many ways either in terms of addition, deletion, duplication of base pairs. These alterations are responsible for various genetic anomalies.

Critical Thinking Week 2 Essay Example | Topics and Well Written Essays - 1500 words

Critical Thinking Week 2 - Essay Example Nothing is accepted on face value and every aspect of a communication, whether oral or written, is questioned to clearly identify the issues, stated conclusions, arguments, evidence in support and assumptions/omissions/fallacies. This should lead to the right conclusions and right decisions. Clear thinking is all about ‘the ability to engage in reflective and independent thinking’ (Anon., n.d., philosophy.hku.hk). According to Study Guides, clear thinking involves ‘placing the facts and information in a pattern †¦ and †¦ accepting or rejecting the source values and conclusions†¦Ã¢â‚¬â„¢ (Anon., n.d., studygs.net). In the following paragraphs, a memo from the Director of Human Resources, Federated State Employees Union (FSEU), Local 343 to its President, in response to the proposal of the Governor of the state of Illinois for economizing the budgeted personnel cost of the department of transportation (DoT) through outsourcing its information systems m anagement, is analyzed applying the critical thinking process through its various steps (Browne and Keeley, 2007). Analysis Step 1: Issue and conclusion The memo lays down the union’s opposition to privatization of jobs as a means to curtail costs, dilates on the perils of the proposed action on union and its members, and attempts to justify the opposition on multiple grounds. The prescriptive issue conveyed is: Should the Governor’s proposal to cut costs by eliminating certain jobs by resorting to privatization be allowed to be implemented? The conclusion is: It is not only a bad idea but also bad in law, and is in effect an attempt to control the union. Step 2: Reasons offered FSEU is questioning the rationale of eliminating jobs through outsourcing, which opens up the possibility of permanent unemployment of the concerned union members. Since outsourcing would potentially invite foreign agents with their unfair advantage of low-wage workers, the proposal is seen as anti-American and as a forerunner for similar attempts in other departments too. Further, it would lead to reduced wages as a result of competition from foreign workers. Dispersal to other departments and potential wage reduction are attempts by the management to gain control over the union. Displaced workers, if at all they get new postings, would need to learn new skills and to cope with new environs, in spite of their age, experience and merit. It is contended that employee reduction/displacement through privatization runs contrary to the Pendleton Act of 1883. Step 3: Ambiguity in reasoning The Wikipedia reference to the relevance of Pendleton Act of 1883 is tenuous and not specific. Words and phrases like ‘instability, most likely, similar, attempt to drive out old experienced workers’ are ambiguous in context and not supported by reason or evidence. Step 4: Value assumptions/conflicts The major value assumed in the memo is the union’s right to protect the i nterests of its members and for citizens at large, both on the present issue and for future. Further, it is argued that yielding by the union on the issue would weaken its position for future negotiations with the management. At the same time, the assumed threat for the union members is sought to be used to garner votes

Recommendations for Philippines Health Services

Recommendations for Philippines Health Services QUESTION: How do we improve quality of health services in the Philippines as a whole? What efforts have been taken and what are the challenges. ANSWER: In developing countries like Philippines, quality of health services has been an issue. Though the Philippine government provide projects on how to improve quality of care, still there are people who encountered problems on how to seek medical attention and treatment. It is said that the deficiencies in quality of care represent neither the failure of professional compassion nor necessarily a lack of resources. They result from gaps in knowledge, inappropriate applications of available technology, or the inability of organizations to change (Berwick 1989). These are just some examples of factors affecting the quality services that needs to be given attention. Local health care systems may have failed to align practitioner incentives and objectives, to measure clinical practice, or to link quality improvement to better health outcomes. Improving clinical practice and quality of care should take place over months and not years so as to achieve economic growth, educational advancement o r new technology (Improving Quality of Care in Developing Countries by John W. Peabody, Mario M. Taguiwalo, David A. Robalino and Julio Frenk). Health systems provide health actions or activities in order to improve or maintain health. The government has set some policies and programs that will help Filipino people but it is not implemented well. In December 2011, by an article from the USAID/Philippines, United States Agency International Development (USAID) has conducted a pilot demonstration of citizen participation in health governance from June 2009 to August 2010. Through improvements in health governance at the facility level, the goal was to demonstrate increase in the utilized MCH services. Health Systems 20/20 supported the establishment of facility-based governance committees that focus on improving quality of health services: Quality Assurance Partnership Committees (QAPCs) located at the three sites in Mindanao. The Quality Assurance Partnership Committees (QAPCs) is a governance mechanism that brings together local leaders and government officials, health service providers, civil society, and community representatives to address issues related to access, availability, and quality of maternal and child health related services in local facilities. The QAPC was envisioned to provide oversight and problem solving actions to improve maternal and child health services in the three pilot facilities. Through a grant from Health Systems 20/20, the Gerry Roxas Foundation (GRF), a local NGO, facilitated the introduction, organization, and functioning of QAPCs in the three demonstration sites, with enthusiastic support from elected officials, health facility managers, and loca l officials. The three sites were:. the Rural Health Unit in the municipality of Lopez Jaena, the City Health Office in Oroquieta City, and the Provincial Hospital in Compostela Valley. Aside from giving the civil society a voice in health service delivery and quality, at the same time, it can increase the accountability of local officials and providers to their communities for services delivered. From an end-of-project assessment field visit conducted in July 2010, the following findings emerged: Anecdotal evidence suggested that community participation via the QAPCs contributed to client-focused and responsive MCH service delivery, expanded outreach from the facility to MCH service users, and increased MCH service utilization. The QAPCs strengthened the linkage between facilities and service users by sensitizing communities regarding MCH issues, and mobilizing community members to utilize available services. The major governance outcome at the facility level was increased responsiveness to community needs and preferences. A related secondary outcome was some increase in accountability to clients. Beyond governance at the facility level, the QAPC experience demonstrated the importance of decentralized local government to the effective functioning and sustainability of a co-governance innovation that brings together citizens and public-sector health providers. The integration of the QAPC pilot with the Philippines Department of Health’s existing quality assurance program, the Service Delivery Excellence in Health (SDexH) initiative, was critical to the success of the demonstration project. SDexH provides an accepted framework that connects quality clinical standards and accreditation to a definition of quality that incorporates client perceptions and community input. The potential for institutionalization of the QAPCs was enhanced by the ownership of the concept by local government officials. In all three cases, local chief executives issued Executive Orders giving official recognition to the QAPCs, and were strongly supportive of the committees. Two of the three QAPCs received a commitment from local governments to provide ongoing financial support to cover expenses for community members to participate in the committees. In the Compostela Valley Provincial Hospital, the director included the QAPC as an activity the Wellness Center, which assures the committee ongoing support and a venue. The demonstration project team drafted aQAPC process guidefor use by other local governments in the Philippines that are interested in replicating the committees for health facilities in their jurisdictions (www.healthsystems2020.org/section/where_we_work/philippines ). Access to the health care system is required to obtain the care that maintains or improves health,but simple access is not enough and it is said to be applied skillfully. Quality is comprising of the following elements to achieve it, namely structure, process and the outcomes. Structural measures are the easiest to obtain and most commonly used in studies of quality in developing countries. Many evaluations have revealed shortages in medical staff, medications and other important supplies and facilities, but material measures of structure are not causally related to better health outcomes (Donabedian 1980). Process, by contrast, can be measured with every visit to a provider. In addition, evidence-based clinical studies have steadily revealed which process measures lead to better outcomes. This combination of ubiquity, measurability,and linkage to health outcomes makes the measurement of process the preferred way to assess quality. Another project of the government is the committment to the United Nation millennium declaration that translated into a roadmap a set of goals that targets reduction of poverty, hunger and ill health (www.doh.gov.ph/node/1076.html) . In the light of this government commitment, the Department of Health is faced with a challenge to champion the cause of women and children towards achieving MDGs 4 (reduce child mortality), 5 (improve maternal health) and 6 (combat HIV/AIDS, malaria and other diseases). Pregnancy and child birth are among the leading causes of death, disease and disability in women of reproductive age in developing countries. The Philippine government commitment to the MDGs is, among others, a commitment to work towards the reduction of maternal mortality ratios by three-quarters and under-five mortality by two-thirds by 2015 at all cost. Confronted with the challenge of MDG 5 and the multi-faceted challenges of high maternal mortality ratio, increasing neonatal deaths particularly on the first week after birth, unmet need for reproductive health services and weak maternal care delivery system, in addition to identifying the technical interventions to address these problems, the DOH with support from the World Bank decided to focus on making pregnancy and childbirth safer and sought to change fundamental societal dynamics that influence decision making on matters related to pregnancy and childbirth while it tries to bring quality emergency obstetrics and newborn care to facilities nearest to homes. http://www.doh.gov.ph/content/national-safe-motherhood-program.html . This moves ensures that those most in need of quality health care by competent doctors, nurses and midwives have easy access to such care. The Department of Health has set the national objectives for 2011-2016 with overall goal that is to improved access to quality hospitals and health facilities by all Filipinos, especially the poor (www.doh.gov.ph). Their strategic objectives have improved, enhanced, ensured and these are the following : 1: Access to quality health facilities and services, especially those commonly used by the poor; 2: Quality of inpatient and outpatient care; 3: Availability of essential drugs and medicines in all levels of government health facilities; 4: Access to specialized services in sib-national health facilities; 5: Governance,sustainability and fiscal autonomy of government hospital; 6: and the client responsiveness of health facilities. For the government to achieve the objectives,they do a targeted health facility program that shall leverage funds for improved facility capacity to adequately manage the most common causes of mortality and morbidity, including trauma; setting provision of fi nancial mechanisms drawing form public-private partnerships to support the immediate repair, rehabilitation and construction of selected priority health facilities; making fiscal autonomy and income retention schemes for government hospitals and health facilities; unifying and streamlining DOH licensure and Phil Health accreditation for hospitals and health facilities and regional clustering and referral networks of health facilities based on their catchment areas to address the current fragmentation of health services in some regions within the Philippines. (Improving Access to Quality Hospitals and Health Services, www.doh.gov.ph/sites/default/files/6%20Chapter4.pdf ) Though it has not 100% achieved, the government with the help of many institutions, banks, and support from other countries, can be reached with the efforts of the people who are responsible for the implementation and monitoring of these activities. I believe that thru these efforts, Philippines will have an improved health services in the near future. REFERENCES: John W. Peabody, Mario M. Taguiwalo, David A. Robalino and Julio Frenk, Improving Quality of Care in DevelopingCountrie, (http://www.hivqualus.org/sites/default/files/Improving%20the%20quality%20of%20care%20in%20developing%20countries_Peabody.pdf ) http://www.healthsystem2020.org Women’s Health and Safe Motherhood Project,( www.gov.ph./node/1076.html ) Improving Access to Quality Hospitals and Health Services , http://www.doh.gov.ph/sites/default/files/6%20Chapter4.pdf http://www.scribd.com/doc/45621892/The-Aquino-Health-Agenda-Achieving-Universal-Health-Care-for-All-Filipinos http://www.doh.gov.ph/node/583.html http://www.wpro.who.int/health_services/service_delivery_profile_philippines.pdf

Free Essays - Character of Achilles in Homers Iliad :: Iliad essays

Character of Achilles in Homer's Iliad The Iliad may be seen as an account of the circumstances that irrevocably alter the life of one man: Achilles, one of the greatest warriors. Throughout the course of the poem Achilles goes through many ordeals that change his character immensely. Starting with his quarrel with Agamemnon and withdrawal from battle, to the death of Patroklos, and with the slaying of Hektor.   Achilles emotions and actions decide the fate of many warriors on both sides. Achilles struggles with anger, honor, pride, loyalty and love make the poem more that just a gruesome war story.   A large source of Achilles anger started with his fight with Agamemnon. Apollo put a plague on the Achaean soldiers that was killing them off. The only way to stop this from killing them all was to give back a priest’s daughter who had been captured. This girl â€Å"belonged† to Agamemnon and he didn’t want to give her up unless he got Achilles girl in return. This would disgrace Achilles honor but he could not let any more soldiers be killed so, he reluctantly let her go. But in return for giving up his girl he withdrew from the battle. Much of Achilles anger is a result of this occasion but the death of Patroklos later overrode his previous anger to Agamemnon.   The death of Patroklos touched Achilles in many ways that changed and shaped his character. Many emotions were a result of his death such as love, loss, anger, and sadness. Patroklos was a dear friend to Achilles and when a mix of divine intervention and Hektor cut Patroklos down grief and the desire to avenge his dear friends death consumed Achilles. This switched his anger from King Agamemnon to Hektor, the man who slew his dear friend. This anger drew Achilles to avenge the death of his friend, to kill Hektor.    The slaughter of Hektor is gruesome and horrid. Not only did Achilles kill Hektor but, he hung him by his ankles, attached him to his chariot and dragged Hector around the burial site of Patroklos. This is horrible enough but Achilles for a while refused to give Priam, father of Hektor and King of Troy, back the body of Hektor for proper burial. He was going to let it be eaten by the dogs, though the gods protected his body from this.