Breaking The Chain

Breaking the Chain
Breaking the chain
Breaking the chain (or novus actus interveniens, literally "new act intervening") refers in English
law to the idea that causal connections are deemed to finish. Even if the defendant can be shown to
have acted negligently, there will be no liability if some new intervening act breaks the chain of
causation between that negligence and the loss or damage sustained by the claimant. Discussion
Where there is only a single operative cause for the loss and damage suffered by the claimant, it is a
relatively simple matter to determine whether that cause was a breach of the duty of care owed to
the claimant by the defendant. But where the sequence of events leading to the loss and damage
comprises more than one cause, the ... Show more content on Helpwriting.net ...
Royal Norwegian Government.
[edit] Sequential causes
Decisions are not always clear–cut where the loss or damage flowing from an initial tort is
overwhelmed by a more serious injury caused by:
(a) a second tort, or
(b) a supervening illness or natural event.
In Baker v. Willoughby [1970] AC 467 the defendant negligently injured the claimant's leg in a car
accident. The claimant was later an innocent victim when shot in the same leg by some robbers and
the leg was amputated. The House of Lords held that the defendant was liable to pay full
compensation for the injury he had caused, based on the claimant's losses beyond the time when his
leg was amputated. Since the claimant's disability would have been permanent, damages were
assessed as if the second event had not occurred. If the chain had been treated as broken and the
defendant had had no liability in respect of the period after the claimant's leg had been amputated,
the claimant would have fallen between two sets of defendants (the robbers were not available as
defendants to pay their share of full compensation). This decision was criticised in Jobling v.
Associated Dairies [1982] AC 794 where the claimant's employer negligently caused a slipped disk
... Get more on HelpWriting.net ...

The Pros And Cons Of Causation
Causation is an act (or omission) by the defendant in breach of a duty he owed the claimant and
which causes harm to a claimant's "interest protected by law" ; this harm must not be too remote.
Causation is a matter for the jury to decide. Causation is both a question of facts and law. In factual
causation, the defendant's act is necessary to the appearance of the damage: on the balance of
probabilities (51%), the negligent act must have caused the damage–"but for" it, the event would not
have occurred. For legal causation, the claimant must show that the defendant's act made a
significant and not trivial contribution to the result , that the damage was reasonably foreseeable. A
new act may break the chain of causation, where "another unforeseeable ... Show more content on
Helpwriting.net ...
The claimant went to the second defendant's hospital to receive an operation which through
negligence blinded him in his right eye. In addition, the claimant developed post–traumatic stress
disorder, a specific phobia of Afro–Caribbean people with paranoid elaboration and an enduring
personality change. The first defendant was held responsible for the physical injuries and the
psychological trauma, and the hospital would compensate the rest, considering the failed operation
did not obliterate the consequences of the first. Applying Baker v Willoughby, the court found that
the second injury does not supersede the first one, so Arearose remained liable for their breach of
duty towards the claimant. However the hospital was held liable for any increase in harm to Mr
Rahman and would compensate the rest. The damages would be apportioned between the
defendants, assessing their responsibility by reference to the extent to which their negligence had
contributed to the claimant's total

Lewis Cass And Andrew Jackson's The Cherokee Removal Act
The Cherokee Removal Act is believed to have been causation of prolonged engagement between
the settlers of Georgia, Alabama, and parts of North and South Carolina up until 1836, when
Andrew Jackson officially signed it into law. Andrew Jackson had a lot to say about the need for
removal of natives and two main reasons why it has been such a lengthy procedure. Another man
who also had something to say about the matter at hand was Lewis Cass who was Governor of the
Michigan Territory from 1816–1831. He was well known as one of the "most experienced, and
highly thoughtful experts in the country on United States Indian policy and the histories and cultures
of the tribes. (114)" Cass, unlike President Jackson, believed Indians could survive, ... Show more
content on Helpwriting.net ...
Andrew Jackson in his state of the union address of 1830 had the pleasure to announce his long
fought battle in favor of removal had began coming to existence. Humanity and Philanthropy were
two of his main points for why this has been such a strenuous task put upon the nation by the
natives. "Humanity has often wept over the fate of the aborigines of this country, and philanthropy
has been long busily employed in devising means to advert it."(127) Jacksonbrings up the point
regarding Americans moving west and humanity not weeping at the fact that they leave but are
rather joyful due to the freedoms of "body and mind"(128) America grants. Jackson even goes far as
asking the American public "How many thousands of our own people would gladly embrace
removing to the west on such conditions?"(128) Jackson also discussed the removal procedure and
about how the government can be fair and liberal if they agreed to the laws of the states from which
they are present or how the government can be harsh if the alternative for removal isn't accepted by
the natives. Both Andrew Jackson and Cass have similar arguments relating to Philanthropy between
Civilized people and the Indians believing it has failed but what about the will of Young Wolf? It
seems from reading that will that Young Wolf had a fair knowledge of Civilized culture after death
and how a legal contract between property, money and even slaves was

Evaluation of Murder Essays
Evaluation of Murder
A good law should be clear so both the judge and jury can apply it in a reasonable way, this makes it
easier for the jury to follow and provides a consistent outcome. It should be consistent, if not one
person could do exactly the same crime as another and they could have completely different
sentences. Consistency makes the law fair which is another important element of a good law. The
law should reflect the degree of fault and punish the defendant in a suitable way; this also provides
justice for the family within the law. It should also provide a defence this also makes the law fair
and also provides justice for the defendant as it will reflect the degree of fault. A good ... Show more
In Omissions the duty in certain relationships is solely case law, this means you must wait for a case
to happen before you can know whether a duty exists. This means the law might be flexible but it is
not consistent. A possible reform would be to pass legislation setting out the situation where a duty
exists. However, it would be difficult to come up with a definitive list. The law commission report in
1993 suggests only omissions would count in serious offences against a person.
For the mens rea there is a problem with the wording, "malice aforethought either expressed or
implied". Lord Gibbord 1988 said "malice aforethought" was misleading as you don't need to have
malice (i.e. spite) or aforethought (i.e. planned or premeditated). The Mens Rea for murder is
interpreted as an intention to kill or cause GBH. This is a common law definition and is subject to
change, making it flexible but also causing uncertainty.
There are problems with intention also because it has never properly been defined and cases like
Moloney and Hyam only set out guidelines and judges tend to alter between the two. This causes
confusion and uncertainty and leads to jury's verdicts being unfair and inconsistent. It also means
that the decision is opened up and leads to members of the jury being influenced by personal
prejudices.
The mens rea of implied malice means a defendant can be convicted

The Modern Law Of Murder
The modern law of murder developed over many centuries from the English common law of
homicide. Homicide is simply defined as the killing of another person. Before the 1500's, common
law judges categorized homicide into two broad categories known as, criminal and noncriminal
homicides (Samaha, 2013). Over the next five decades, a number of newly developed statutes were
established and further divided criminal and noncriminal homicide. Criminal homicide included
murder and manslaughter, while noncriminal homicide was divided into justifiable and excusable
homicide (Samaha, 2013). By the 1700's, three types of homicides were firmly embraced by English
common law and the American Colonies. The three categories according ... Show more content on
Helpwriting.net ...
Murder, under common law, is the unlawful killing of another person in existence with malice
aforethought (Bower, 2014). In other words, an individual had to have a clear criminal intent with
some amount of spite, hate, or bad will to commit the killing before the murder occurred and had to
be planned in advance (Samaha, 2013). To illustrate, during the 1550's, English homicide statutes
outlined activities such as poisoning or lying in wait as examples of preplanned murders. However,
while murder was initially only thought of as an intentional and premeditated act, over time judges
saw the need to develop new classifications of murders that didn't fit the standard definition. First,
sudden killings that were intentional, but not premeditated were added. These types of murder were
often completed during a heat of passion moment and were unreasonably provoked by the victim's
actions (Samaha, 2013). However, unreasonably provoked means that the victim's actions were not
substantial enough to justify the actions of the attacker. Secondly, judges added unintentional
killings that were completed during a felony (Samaha, 2013). While most murders require intent to
cause death, under this law, any homicide committed during the commission of a felony, regardless
of whether it's intentional or accidental will constitute as murder. Third, extremely reckless killings
were classified as depraved heart

An Essay on Clinical Negligence
An Essay on Clinical Negligence "We have always thought of causation as a logical, almost
mathematical business. To intrude policy into causation is like saying that two plus two does not
equal to four because, for policy reasons, it should not." (Charles Foster NLJ 5/11/2004 page 1644).
To what extent do you consider that Charles Foster is correct in that causation and clinical
negligence should be a "mathematical business" and the courts have, by introducing matters of
policy, confused what should be a logical approach?
Introduction:
In the article of "It should be, therefore it is"1, its author, Charles Foster examined the surprise
House of Lords judgment in Chester v Afshar2, what he described as "an exercise in ... Show more
Therefore, it is crystal clear that the harm of the child's death would have occurred even if the doctor
had met her duty of care by attending the patient. Despite the court was not willing to settle for this
conclusion and instead enquired into whether the doctor's intended failure to intubate if she had
attended would have been clinically negligent in itself. This implies that it was considered by the
court at all is an indication that, if some serious harm has occurred, the courts will take into
considerations the entire circumstances of the case before coming to the conclusion as to whether
the causation requirement has been satisfied.
4. [1968] 1 A11 ER 1068.
5. [1997] UKHL 46, HL. The approach can be seen even more controversially in the 2004 case of
Chester v Afshar6, which Charles Foster has made his comment on as mentioned. This case
involved a doctor's clinical negligent failure to warn a patient about the risk inherent in a medical
procedure. There exists a need for the patient's consent to medical treatment to be fully informed.
The complication with respect to causation arose because the patient admitted that she would have
still undergone the surgery even if she had been warned about the risks of paralysis which
unfortunately materialized during the

Future of the Juvenile Justice System
Future of the Juvenile Justice System
The future of the juvenile justice system is uncertain. There is a struggle to try a find a way to serve
the needs of the juvenile delinquents and issue them a punishment for violating the law. In order to
improve the direction of the juvenile justice system, recommendations are needed regarding
community involvement, law enforcement, courts, corrections, and the private sector. These
recommendations address issues that the system is currently facing and offers solutions for the
future. A justification of the system is also offered based on the histories, trends and causation
theories.
Community Involvement Community involvement is an important aspect of the juvenile justice
system. Police form ... Show more content on Helpwriting.net ...
523).
Justification and Funding for the Juvenile Justice System
The juvenile justice system was founded on the belief that children are different from adults;
therefore, the justice system and corrections sanctions for juveniles should acknowledge the
differences. "Rising juvenile crime rates during the 1970s and 1980s spurred state legislatures across
the country to exclude or transfer a significant share of offenders under the age of eighteen to the
jurisdiction of the criminal court" (Fagan, 2008). The acknowledgement of these differences should
be the bases for a proper juvenile justice system. The examination of the juvenile justice's systems
history, trends, and causation theories will provide an insight into the future of the juvenile justice
system.
History
The juvenile justice system is a system that evolves with society focusing on the welfare of the
child, and the protection to the community. The history of the modern juvenile justice system began
with the English common law. The common law specified an age limit on when a child could begin
to be held accountable for criminal acts, which placed the age limit at seven (Champion, 2010).
Although an age limit was placed on offenders, during the 1700s criminal offenders were treated in
the same manner, which could include banishment, whippings, and other corporal punishments for
offenders over the

Deflation And The Theory Of Truth
Deflation Accounts of Causation
Introduction
Several different theories accounts exist attempting to explain whether truth exists. Some of the
common causation accounts include the deflation account, reifications, covering law model and
unificationism accounts. The Deflation theory of truth states that a predicament of the truth does not
attribute the property of the truth to a particular statement. Several theories are present under the
deflation accounts of causation. They include the redundancy theory of truth and the perfection
theory of the truth. These two theories are the major dominant theory around deflation accounts of
causation. Although both theories attempt to explain and substantiate truth in a statement, the
redundancy theory is stronger compared to the perfection theory of truth. The redundancy theory is
claimed to be the first theory that came close to explaining predicaments of truth in a statement. No
other account has achieved the same fate as the redundancy account.
Redundancy Theory of Truth Also known as the disquotational theory of truth, the redundancy
theory holds that a statement will always remain the truth even before if the predictive statement
misses. The most common predicament statement used by most people is the "it is truth". For
example, when an individual says, "Snow is white," it means that snow is white and even when the
predictive statement is added it does not change the nature of the sentence (Damnjanovic, 2005).
Thus the

The 'But for' Test and 'Balance of Probabilities' Essay
The 'but for' test and 'balance of probabilities' are used to determine whether the negligent act was
the cause of injury. The 'but for' test is ideal for cases like Barnett where 'but for' the negligence of
the doctor the claimant would have died because of the irreversible implications of ingesting
arsenic. More complex cases require the 'balance of probabilities' to illustrate the chance of recovery
and the diminished prospects as demonstrated in Wilsher where the injury could have been sustained
from multiple causes. The House was unable to delegate liability due to unclear evidence preventing
causal link between any of the five possible causations proving inconclusive. Fairchild provides a
special rule which prevents patients being ... Show more content on Helpwriting.net ...
The European Court in Osman acknowledges the potential for policy concerns to be overridden in
certain circumstances which restrict a claimant's right to access the court. Ridenhalgh removed
blanket immunity for barristers who showed unjustifiable conduct, proving satisfactory as it did not
disturb the work ethics or restrict practice. Instead the immunity reduction ensured workers kept
within their duties realm and prevented actions ultra vires which guaranteed future claimants
received protection naturally expected from the profession. An Irish case Philip deemed liability for
the loss of chance in the absence of statistical data but through the misconduct of a solicitor who
tampered with documentation to hide his initial mistake. Illustrating the blanket immunity perceived
is fictional as misconduct is not tolerated. This judgement acts on reason of policy and justice but
this necessity to protect against misconduct prevents consistency of jurisprudence as the range of
medical negligence possibilities is indefinite and not quantifiable in a singular method such as the
balance of probabilities. Loss of chance dilutes causations without restriction. Philip is distinctive
due to gross–misconduct and misdiagnosis whereas Gregg's case rests solely on misdiagnosis;
because of the lack of fact and dependence of hypothetical facts dependence on statistical data is
unavoidable. The inconsistency is

The Controversial Validity And Enforceability Of Letter Of...
1. The controversial validity and enforceability of Letter of Indemnity The use of LOI can lead to
different effects and especially because of the question of the Validity and the enforceability of this
mechanism. According to Professor Tetley, a LOI used against clean B/L are "usually the central
document to a fraud or an accessory of fraud" , and P&I Clubs agreed but decided to go deeper by
stipulating a general rule that leads to a deny of insurance cover in case of the use of a LOI against
clean B/L, delivery of cargo at a different port or against non–production of a B/L . Indeed, whereas
for the last LOI, the Court estimates that the LOI is fraudulent (because of a "false misrepresentation
of a material fact"), for the first one, the Court can considered it as fraudulent, especially in absence
of guarantee because it imposes an important responsibility on the carrier. According to JP Mattout,
"LOIs have been the practical way chosen by the parties even if they are far from being the perfect
solution" . Indeed, the United Kingdom remains a Common Law country, in which there is not a
general principle of good faith in contract, even if the principle of equity could be another solution.
That is why; the Courts and English law generally reject the use of a LOI, the Court will not help
and support an illegal act and an intentional breach of contract from the parties . The most relevant
illustration of a condemnation of this practice is the Brown Jenkinson & Co. Ltd v

If Offenders, Young People Are Expected Act Like A...
If offenders, young people are expected to act like a standard person of their age. In Mullin v
Richards, 1998, Teresa Mullin and Heidi Richards, who were friends, were sitting next to each other
at a desk in school. While playing fighting with plastic rules, using them as swards, Teresa Mullin
was injured by a fragment of the rule, which snapped and went in her right eye, causing her to loose
most of her eye sight. Teresa sued the school for negligence, as well as Heidy. However, it was
decided by the court that Heidy was expected, as standard, to act like a 15 years old student, and not
like a reasonable adult. Concluding with the judges deciding that Heidy was not in breach of duty, as
she had met the standards of a 15 years old ... Show more content on Helpwriting.net ...
This causation is identified with the 'but for' test, in other words, 'but for the defendant's breach of
duty would the damage or injury have occurred?' the main case would be Barnett v Chelsea and
Kensington Hospital Management Committee, 1968, where the husband of the claimant went to the
hospital due to strong stomach pain and vomiting. He was sent home after the Accident and
Emergency department refused to examine him. After five hours, he died due to arsenic poisoning.
The hospital owed the man duty of care and were also in breach after refusing to examine him.
However, they were not liable as even if they had conducted the examinations the man would have
died prior the results and treatment. Meaning that he would have died if the breach was or was not
present, as their breach did not cause him to die.
Remoteness of damage consists in establishing whether the offender is liable for only the damages,
if the consequences were foreseeable from the breach of duty. In other words, the judges have to be
able to establish where and when do the consequence act start and finish, as some may be too
remote to be included as they may happen years after if not earlier, depending on the circumstances.
For example, in The Wagon Mound case, a test of reasonable foreseeability was established. This
case consisted in the offender accidently spilling oil in the claimant's wharf, while he was fueling
another ship. At the time, there were welding

Methadone Case Study Essay
Throughout the case of how Ashley had ingested the methadone, there had been many inferences
being constructed. Through all the inferences, none of them are fully explaining everything that had
happen that night on the cruise ship. All of the inferences are focusing on how the fiancé might have
been involved in the ingested methadone, but hardly any are focusing on anything else. Due to
Ashley consuming alcohol that night, the abortion causing her to be exhausted with emotion, is is
very clear that she had mistaken the methadone for NyQuil and thus causing this case to be an
accidental suicide. Intaking alcohol can be very risky and harmful to the brain. During the teen years
or in early adulthood the human brain undergoes a large amount of time of development that is very
important. If alcohol is present, it only takes thirty seconds for it to effect the brain and thus it begins
to decreases that important development (Shannon). "Alcohol can effect parts of the ... Show more
"Those who believe it is not a baby until it is born have less of a chance of experiencing negative
emotional consequences,"("Emotional"). Ashley had went through the a minor depression since the
abortions had occurred and she might have cared for her unborn child and thought it is still a baby if
unborn. The decision of weather to choose adoption, to parent, or to have the abortion is mostly the
choice of the mother. With this life–changing decision, Ashley had stayed up for nights on trying to
decide on on of those three options and also caused her to be exhausted even before the abortion
occurring. People can have side effects that range from anger to guild or Eden anxiety, and with
those emotions the person might not get enough sleep ("Emotional"). After deciding to continue
with abortion, major waves of emotion had caused to lack the sleep that she needs to be positive
through the day thus causing Ashley to fall into

How Did David Hume Exist
David Hume was a Scottish philosopher, and a historian , born on April 26th, 1711 at Edinburgh,
Scotland . Hume was born in a family of lawyers and Politicians. Hume's father who passed away
when David was an infant worked as a lawyer, and his grandfather was the president of the college
of justice. David was raised with his sister and elder brother by his mother who was a Christian
Calvinist devoted to her religion and beliefs . David excelled in the standard course of education an
attended University at the age of 12 which was exceptional at his time. David's family planed for
him to take on his father's career as a lawyer, but David rejected this plan as he found an irresistible
passion towards philosophy, and general learning. However, ... Show more content on
Helpwriting.net ...
David being a skeptic doubted a lot of concepts, one of these concepts was the concept of personal
identity. Hume believed that there is no such thing as a personal identity that resembles the core of
people's true selves that is unchangeable throughout life. Hume believed that people's identities are
bundles of different properties and perceptions, and it is impossible to picture someone without
these properties, same way it is impossible to picture the sun without light. Hume argues that the
reason why most people believe that personal identity is unchangeable is the misinterpretation of
self–awareness, Hume believes that humans could never be truly aware of themselves, but through
experience using their senses and imagination they might think that they are truly aware of
themselves, but they are only aware of their surroundings. Therefore, it would be sound to conclude
that Hume's theory of the self is a critical aspect of David Hume's philosophy as it helps shape his
skeptical

Essay On The Paradox Of Slavery
Which came first, the chicken or the egg, slavery or racism? The question of whether racism is the
root of slavery, or if slavery caused racism is an ongoing debate that throughout history historians
has been batting to answer, and have yet to come to an agreement. Some people think that people
were made slaves because of prejudice toward the color of their skin, therefore, racism caused
slavery; others believe that people saw slaves as inferior to them, and therefore slavery caused
racism. Jordan's "The Mutual Causation of Racism and Slavery", Morgan's "The Paradox of Slavery
and Freedom" and Bacon's Rebellion helps us see where the separation between white and black
slaves began in America. Slavery and racism are interconnecting, but by looking at the sources and
articles, we can see that slavery caused racism. The article of Jordan's "The Mutual Causation of
Racism and Slavery" helps to look at not only two sides of the discussion, but also a third side, that
both racial prejudice and slavery work hand in hand. The Article "The Paradox of Slavery" also
helps us see how slavery and racism connect.
The first side in The Mutual Causation of Racism and Slavery shows that slavery causes racism.
When people first started migrating to America, most Africans were equal to the English settlers. "It
is equally clear that a substantial number of Virginia's Negroes were free or became free. And all of
them, whether servant, slave, or free enjoyed most of the same rights and

Slavery, Racism, And Slavery Essay
Slavery began before racism in North America. To prove this I will provide an analysis of
chronological events that displayed acts of slavery and racism. With that being said, Initially I will
be delving into the earliest implementations of slavery in North America. That being Jamestown
Virginia 1619. Secondly, analysing an extract from 1655, where an African man named Anthony
Johnson claimed to own another black individual, John Casor as his property. Subsequently, moving
onto Winthrop D Jordan 's essay, "The Mutual Causation" of Racism and Slavery which will divulge
the first instances of racism to occur in North America. Furthermore, touching on an article
regarding legislators in Maryland, displaying one of the first laws enacted in North America, which
were racist in nature. In contrast, expanding on a court document that was approved by white
legislators showing that black individuals were allowed to own and bequeath property in the late
seventeenth century. Penultimately, delving into the early eighteenth century where racism began to
engulf North America. Lastly, summarizing that, due to the analysis and chronological order of the
evidence presented, slavery began before racism.
The first sign of slavery in North America began in August, of 1619. This was seen when twenty
black men were sold to residents of Jamestown, Virginia by a dutch ship. With this being the case,
Edmund S Morgan 's article "The Paradox of Slavery and Freedom" supports the idea that slavery
was

Case Study : ' Critical Thinking ' Action ' Essay
Critical Thinking in Action Andrae Campbell UCSP 615 University of Maryland University College
June 13, 2016 Case Study Responsibility for Accident On June 7 John Schmidt, one of the
company's employees, seriously injured his hand while pushing a large piece of wood through a
table saw in the production shop. There is now a dispute over who is to blame for the accident, the
company or the employee. The injured employee claims that he followed all the company's safety
procedures and that the company is at fault because it did not guarantee that the machine was as safe
as possible for use. The company shop manager, David Donald, asserts that the machine was in safe
condition, because if it hadn't been, the shop foreman, Harry Hiller, would have informed him. The
foreman, Harry Hiller, insists that the machine was maintained satisfactorily; he has produced the
written maintenance records. The foreman also claims that prior to the accident he saw the employee
"joking, laughing and goofing around" with his co–workers. A co–worker supports the claim of the
injured employee, insisting that despite regular maintenance on the table saw, it was not safe
because the safety guard was poorly designed and didn't function well. The co–worker claims that
shop workers informed the foreman about the issues with the safety guard. A health and safety
report determined and reported that the safety guard was poorly designed to protect operators in a
number of circumstances

The Principle Of The Common Law Legal System
"Omission" is a phrase that is only used correctly when there is a failure to commit an act, or do a
minimal act to which a reasonable person may be expected to do. This essay will show that the
exceptions added to the "checklist" of omissions should exist, and argue that having no liability for
omissions is defensible.
Firstly, the core principle of the common law legal system involves the principle of legality, also
known as the Rule of Law. Ensuring that no one is superior to law, and establishing that no person
can be punished retroactively by the state; expressed by Lord Bingham "No one should be punished
for any act which was not clearly and ascertainably punishable when the act was done". This
principle is set within the English legal system in order to assert fairness and justice. The exceptions
are set in place in order to ensure this principle is upheld, by asserting a duty of care for certain
situations.
One of these exceptions includes the duty of a parent to a child. Section 1 of the Children and Young
Persons Act 1933, created a liability for parents who neglect their child which leads to harm or
death. Gibbins and Proctor, is the leading legal authority on this exception, where Gibbins and his
second wife (Proctor) had failed to feed Gibbin's daughter. Although, Gibbins was the provider for
the family, and gave money to his wife in order to feed her; Proctor hated his daughter and at trial
this was seen as motive for not feeding her. Darling J declared

Essay on The Raise of the West
The 'rise of the west' in the past two to three hundred years has coincided with the rise in the
popularity of democratic governments in the west, such as the US and France. This can be seen as
evidence showing that democracy stimulates economic growth since democratisation often precedes
growth. Others may argue that the reverse is true and economic growth is the driving forces behind
democratization in the west. For example, the French revolution was partly caused by the rise of the
middle class "Bourgeoisie" in the 18th century demanding more rights than the "ancien regime"
could offer. In this paper, I will analyse and examine the correlation and causal relation between
these two factors.
Some historical evidences appear to support ... Show more content on Helpwriting.net ...
This removed the monarch's power to grant monopolies and also provided a relatively more free
market in Britain.
Along with historical evidences, contemporary studies have also appeared to support the argument
that democracy can indeed promote economic growth. Rodrik (1999) has shown in his study that
GDP per capita and democracy has a correlation of 2.48. Democracy here is measured with the
"Freedom House measure of democracy" which ranges from 0 to 1 with 0 representing a complete
totalitarian government and 1 representing a full representative democracy. The estimation of 0.28 is
fairly significant since an increase in 0.1 point of the index leads to a prediction of an increase in
0.248% of growth rate. This increase in predicted growth is a result in the better economic freedom
and rule of law that democracy can offer. This is also shown in Rodrik's study that democracy is
correlated with rule of law with a coefficient of 0.29, with the same definition of democracy and
measures. This is supported by Barro's study which has shown that there is a linear correlation
between rule of law (measured by the political risk indicator for

Aspects Of Contract And Negligence For Business
Aspects of Contract and Negligence for Business Module Title:: Aspects of Contract and Negligence
for Business Student Number:: 47696 Student Name:: Georgi Nikolaev Duchev Group:: I Higher
National Diploma (HND) in Business British Institute of Technology & E–Commerce Submission
Date: 19–01–2015 Executive summary For our everyday purpose, we have to meet with different
category people. Due to the blessings of globalization, now, we people have been able to
communicate with people from outside of our country. Globalization system has made it easy for us
to express our needs and demand to outside of the world and get the best solution. All these
developments have made our business world faster than ever and this trend is still going on. But to
take any sort of massive or minor project, we have to sit with many different parties and make
lawful agreement with them so that one party can demand for their legal right if necessary. This
assignment has been designed completely on aspects of contract. How a contract can be formed and
what are the necessary elements for the formation of a contract have been comprehensively
explained here. Table of Contents Executive summary ii Introduction 1 01 Initial evaluation 1 1.1
Explanation of the importance of essential elements required for the formation of a valid contract 1
1.2 The impact of three methods in terms of forming and binding enforceable contract under the
English Law. 2 02 Initial Business situations 4

Negligence Is An Important Part Of Tort
Study on Negligence
1.0 Introduction
Negligence can be defined as lack of proper care or attention (Ludowyk, & Moore, 2006).
Negligence is an important part of tort. A tort is defined as a civil wrong (other than a breach of
contract) in the form of a breach of duty for which the legal remedy is an award of damages.
Negligence is that a reasonable person doing something which may cause damage.
The purpose of this essay is to understand the three essentials of negligence. In order to fully
understand the three essentials, this essay shows some details about the three essentials. In addition,
this essay fully analyses the novus actus interveniens.
2.0 Background
When the plaintiff wants to prove the defendant owed by negligence, he or ... Show more content on
Helpwriting.net ...
3.1 Reasonable foreseeability
If the plaintiff's injury was not a reasonable foreseeable, the defendant did not have a duty of care. In
the case Tame v New South Wales (2002) 211 CLR 317, the plaintiff had been in a traffic accident.
She was tested and returned a zero blood alcohol level.
However, the police officer recorded as 0.14 by mistake. Later, it was correct. In addition, the
plaintiff's lawyer told her the truth and it would not affect her insurance. Then the plaintiff was
obsessed and had a mental problem. In this case, the plaintiff's mental problem is not a reasonable
foreseeable injury. Therefore, the police officer had not been under a duty of care and the state was
not liable.
3.2 Recognised duties of care
The way to recognise duties of care is to find if there is a law regarding relationship between the
plaintiff and the defendant (Pentony, 2013). For example, the teacher is under a general duty of care
to provide students a safe environment to study, or the manufactures need to provide a higher quality
good to customers.

3.3 Neighbourhood factors
If the case is not in an established category, the Court may look at the important characteristics of
this case to establish an existent 'neighbourhood' relationship to justify a duty of care. In order to
establish it, the Court needs to consider the plaintiff's weakness in the matter, whether the plaintiff
relays on the

Childhood Asthma And Its Relations
Childhood Asthma and its Relations to Traffic Related Air Pollutants
2. Introduction (300 word to 350 words) 359
Asthma is a chronic respiratory disease that is not to be underestimated; it affects approximately
12.1% of children in the United States (English et al. 2006). Asthma is particularly concerning and
threatening to children for multiple reasons, one being the anatomy of children. Asthma has no cure
however there are some ways to treat asthma. If gone untreated, asthma could be deadly. Many
causes of asthma cannot be exterminated however they can be reduced. Air pollution, being one of
them, is something that many people may consider to be unavoidable, but in reality it is an
unfortunate result of a luxury that the majority of the population consider a necessity.
Asthma causes inflammation of the airways and the bronchi of the lungs. This in turn causes a
decrease in oxygen uptake leading to the common asthma symptoms of shortness of breath,
coughing and wheezing, and chest pain (Erzurum et al. 2006). In severe cases, if the airways haven't
gone back to normal, lips can become blue due to lack of oxygen. If this occurs, it is imperative to
seek immediate medical attention. The anatomy of children is different than adults in that practically
everything is smaller. The main anatomical differences that have to do with asthma are that children
have smaller and shorter airways, a larger tongue, a longer and floppier epiglottis, and a funnel
shaped trachea. All of

Negligence And Its Impact On Society
Negligence is a tort that is a major focus point in how people and organizations interact with each
other. How the tort of negligence developed is critical for understanding who is held accountable
when a civil wrong has occurred. Negligence focuses on three basic elements: a duty of care, a
breach of said duty, and causation of damage. The goal of this assessment is to examine the
development of these three elements of negligence tort law in England, and hopefully explain its
significance in how it affects society. First, a duty of care must be established for a legitimate
negligence claim. The concept of a duty of care is that it demonstrates the defendant (the one
wrongdoer) had some sort of responsibility to take care of the claimant (the wronged party who is
bringing forth the claim). In English law, the landmark case that conceived the idea of establishing a
duty of care was Donoghue v Stevenson (1932 UKHL 100), a case involving a woman who drank a
bottle of ginger beer and found a dead snail in the bottle, thus bringing suit against the manufacturer.
The House of Lords ruled in the claimant's favor, stating the manufacturer does owe a duty of care
to the consumer. Arguably the most integral part of the ruling in Donoghue is where Lord Atkin
states:
You must take reasonable care to avoid acts or omissions which you can reasonably foresee would
be likely to injure your neighbor. Who, then, in law is my neighbor? The answer seems to be –
persons who are so closely and

The Pros And Cons Of Human Reasoning
Human reasoning can be broken down into two parts, deductive reasoning and inductive reasoning,
in this essay I will be focusing on the induction side of human reasoning and whether it is rational or
not to use in science. The basic idea of induction is that you learn from past experiences and apply
the information learned from that to your future decision making and knowledge. Swinburne defines
an inductive argument is an argument or inference comes from one or more premises to draw a
conclusion (Swinburne, 1974).An example of this is, as a child you touch a flame and learn that it
burns you ,so from this induce that all flames that you will encounter again will also burn you.
Induction is something we as humans use moment to moment in our everyday life. The problem of
induction is something that has been Widely debated over many years.
The idea that induction is unreasonable or irrational was first put forward by David Hume in the
seventeenth century. He was a sceptic about the idea of induction and noticed a problem with
inductive reasoning. This is that the premise cannot guarantee the conclusion. Hume wrote that
everything that we learn from experience we learnt through similarities found in natural object and
we induce effects similar to those found into our everyday life experiences. (Hume, 1902) "when a
new object endowed with similar sensible qualities, is produced, we expect similar powers and
forces, and look for a like effect" (Hume, 1902). Hume is not

Comparison Of Us And Uk Criminal Law. Charles Vatter....
Comparison of US and UK Criminal Law
Charles Vatter
Professor Thomas Wilder
Saint Leo University
Survey of Criminal Justice CRM–220
14 May 2017
Comparison of US and UK Criminal Law Before I begin my comparison, I think it is important to
first discuss Criminal Law in general. Criminal Law is defined as "a body of rules and statutes that
defines conduct prohibited by the government because it threatens and harms public safety and
welfare and that establishes punishment to be imposed for the commission of such acts". (Criminal
Law, 2017) Most criminal laws are defined in a statute, meaning they were enacted through
legislation. Criminal Law deals with actions that harm or threaten individuals or their property. The
laws ... Show more content on Helpwriting.net ...
"Mens Rea refers to criminal intent. Moreover, it is the state of mind indicating culpability which is
required by statute as an element of a crime." (Legal Information Institute, 2007) Punishment is the
final principle of the seven. It can be defined as stating that there must be a punishment defined in
law for the act that a person is being found guilty of committing.
Now that we have a general understanding of Criminal Law, we can begin our comparison. For this
comparison, I have chosen to compare the Criminal Justice systems of the United States of America
and the United Kingdom. Thought these two countries have differences in their systems, they also
share some similarities. In the USA, states have defined their own individual laws and maintain
individual court systems. The UK has a similar situation with laws determined and courts
maintained by areas such as Scotland, Wales, and Northern Ireland to name a few. Both systems
utilize the common law or case law system. This means that the prior judgments of courts will help
decide current and future cases as well. One glaring difference is the Constitution we have in the
United States. The UK does not have a Constitution or a central document like this to draw
legislation from and use as a guide the way we do in this country. In the US, all our laws must abide
by the Constitution and not violate our rights defined in this important document. The UK relies
strictly on legislation and case

The Authors Of The American Pageant
Skill: Periodization– The authors of The American Pageant use 33,000 B.C.E. and 1769 C.E. as the
beginnings and ending dates for "New World Beginnings." but the first chronological period of
study for the AP US History Exam is from 1491 to 1607, with the understanding that 1491 is a
symbolic dates for pre–Columbian contacts in North America. As you read chapter 1, does 33,000
B.C.E., 1491, or some other date make the most sense to you as the beginning of this time period?
Explain while citing relevant historical evidence. 1492 makes the correct start of the time period.
Although North America was discovered by Scandinavians around 1000 CE, knowledge of the
continent was left to fade into legend. Columbus, in an ill–advised attempt to ... Show more content
on Helpwriting.net ...
What relevant historical evidence can you find in the chapter to support your position? The
Columbian exchange transferred slaves, animals, disease, and crops in the cycle of the New World,
Old World, and Africa. As the Old World received gold and silver from the New World, the Spanish
increasingly relied on silver––and with the increased supply of it, created inflation throughout
Europe. New foods allowed for a population boom, especially the potato, which provided nutrients
at a low cost. Disease brought from the old world devastated the Indian populations, while horses
allowed for more tribes to have hunting lifestyles. Africa became more reliant on selling slaves for
monetary gain.
Skill: Appropriate Use of Relevant Historical Evidence– The authors contend that 1492 was a
"fateful year" in North American history when the "land and the native peoples alike felt the full
shock of the European 'discovery.'" As you read this chapter, what relevant historical evidence can
you find to support, modify, or refute this assertion? 1492 was the year which set the seeds of
change in North America. Columbus' discovery was what prompted nations, like Spain and
Portugal, to begin sailing West, instead of East. Shortly after Columbus' discovery of the Bahamas,
Spain and Portugal settled which nation would receive certain parts of the New World with the
Treaty of Tordesillas in 1494. The Treaty of Tordesillas was proof that nations were taking
Columbus' discoveries

Liquidated Damages V. Penalty: Are Causation and Loss...
Liquidated Damages v. Penalty
Are Causation and Loss Really Required?,
Pooja Sharma*
In a contract, the parties may name a sum to be payable in the event of breach. If such sum is a
genuine pre estimate of loss it is termed liquidated damages, and if it bears no reflection on the loss
suffered, it is termed a penalty. Courts are reluctant to enforce penalty clauses and in such cases the
sum stipulated is normally reduced. It has been perceptively observed by Fansworth that in
comparison to the bargaining power which parties enjoy in negotiating their substantive contractual
rights and duties, their power to bargain over their remedial rights is surprisingly limited. They are
not at liberty to name an extravagant sum having no relation ... Show more content on
Helpwriting.net ...
Position in India
Statutory codification in India resulted in the elimination of one distinction between liquidated
damages and penalties observed in English law. As per s. 74 of the Indian Contract Act, 1872
(hereinafter referred to as the Act) irrespective of whether the stipulation is by way of liquidated
damages or penalty, the court is entitled to award reasonable compensation, not exceeding the
amount named in the contract. As already pointed out, under English law only penalties may be
reduced to reasonable compensation
The Act also provides illustrations of what may be considered penalties 75% interest in case of
default on a bond normally carrying 12% interest , doubling the amount to be delivered . Indian
decisions tend to follow and incorporate the principles laid down in English decisions. The leading
text is replete with references to English decisions.
The Hon'ble Supreme Court has held that if the parties regard a sum as reasonable, the Court should
not reduce it in its discretion. Where the clause is one for liquidated damages, there is no question of
ascertaining damages and such a clause excludes the right to claim unascertained damages. A
stipulation for payment of 1.5% per day on the value of goods in case of delay has been held to be a
penalty. However, an additional charge of 1% per month in case of non–payment of bills was held
not to be a penalty. Where the government would suffer loss which it would be unable to prove, a
pre–estimate

Impact Of The Human Rights Act 1998 On Clinical
Impact of the Human Rights Act 1998 on clinical (medical) negligence
Tort law is a considerably old branch of English law, covering a wide range of areas within such as
defamation, nuisance, trespass and, most importantly, negligence. The latter set out the modern
concept of negligence by means of Donoghue v Stevenson [1932] AC 562. Furthermore, in
twentieth century a number of fundamental elements were established in negligence, elevating its
significance above all other areas of tort law. Most problematic and difficult subgroup of negligence
is clinical negligence, where doctor are held to another standards. Nonetheless, the old foundations
were disturbed by the enforcement of the Human Rights Act 1998, which was a successful attempt
to incorporate the European Convention of Human Rights into English domestic law. It is applied
directly or indirectly into many areas of law, clinical negligence in torts in particular, adding
multiple complications as it has to comply with the new Act. The influence of the HRA is yet to be
fully researched professionally and amended. In attempt to explore the impact of the HRA 1998 on
clinical negligence this essay examines the reasons for integration of the HRA and issues it came
with and compares various types of negligence, liability of public authorities and remedies before
and after the HRA came into force.
The main difference between the HRA and the ECHR is that the former is the domestic legislation
and the latter is an international

The Human Rights Act 1998
A duty of care arises at common law as long as the Caparo criteria is satisfied. This is applicable to
public authorities in the regard that it is fair, just and reasonable to impose a duty upon them as they
act for the collective welfare of society. Newtown Council is a local government authority
exercising public function; it is therefore susceptible to liability. Furthermore, it is important to note
that the introduction of the Human Rights Act 1998 has affected the law of negligence, a breach of
duty that results in damage to the claimant. This area of law has shown to be problematic and has
developed over the years as will be discussed subsequently.
Alice v Newtown Council Alice is suing the council on the false allegation of being over fed by her
mother. The claim is negligent had the council concluded this on unfounded evidence. Alice is
seeking remedy of damages for depression caused. In order to succeed in her claim, she has to
establish the council owed her a duty of care then show that it has been breached, causing her
psychiatric injury. In establishing the council owed her a duty of care, the defendant may argue the
facts of X v Bedfordshire, holding that it is not fair, just and reasonable to impose a duty of care on a
public authority to protect children connoting claimants cannot reason the job was done badly. This
decision was made on the basis that it was not ethical to impose a duty solely on social workers. It
can be argued that if

Hate Crimes Act Analysis
"There is no doubt that hate crimes and racial discrimination still exist." "There is also no doubt that
such crimes are deplorable acts." From the Amish communities of Ohio, to the streets on Houston,
Texas, bias crimes are disturbingly prevalent and pose a significant threat to the full participation of
all Americans in our democratic society. However, with the enactment of the Hate Crimes Act in
2009, hope and justice have been improved for millions of Americans whose classes have long been
subjected to hate based violence.
The Civil Rights Act of 1968 created a federal cause of action to enhance penalties for crimes
motivated by the victim's race, color, religion, or national origin that were committed against people
engaging in activities ... Show more content on Helpwriting.net ...
"[W]ould [d]efendants [in Miller] have cut the victims'... beards if the victims were Catholic, atheist,
or any other non–Amish faith?" Of course not. The defendants did so because of religious animosity
and because of ongoing community conflict. Therefore, whether it is a baseball game, or criminal
beard shaving, it is clear that multiple, concurrent but–for causes can produce a single, illegal

Elements of Negligent Tort: Analysis and Remedies
Introduction The law of torts can be traced back to English Common Law and has become and
integral part of Anglo–American Law for hundreds of years .These laws have been modified many
times since the late 1800's by state legislatures and these changes have given plaintiffs more chance
of success when bringing forth their claims. Original tort law included coverage for injuries suffered
while in the workplace but this since has been removed entirely from tort law and replaced with the
state administered workers compensation systems. In order for a plaintiff to utilize the law of torts
certain elements need to be present so that a reasonable measure of success can be ensured in the
outcome.
Elements of Negligent Tort ... Show more content on Helpwriting.net ...
Breach of Duty: In order for breach of duty to take place, there must be a duty owed to the plaintiff,
and the defendant must be neglect of the duty that he owed. In order to test whether the duty was
breached or not, there is a reasonable person test. This test is objective in two senses. First, it
compares the defendant's actions, with those that hypothetical person with ordinary prudence and
sensibilities would have taken or not under the circumstances. Second the test focuses on the
defendant's behavior, rather than on the defendant's subjective mental state. This test allows decision
to be made on the facts of the case and for the prosecution, to determine whether there was
reasonable foresee–ability of harm. According to Mallor even if the defendant has breached a duty,
and plaintiff has actually suffered injury there is no liability for negligence without necessary
causation link between breach, and injury. Hence causation link involves three issues: 1) was the
breach an actual cause of the injury? 2) Was the breach a proximate cause of the injury? 3) What
was the effect of any intervening cause, arising after the breach to cause the injury? Thus both
actual, and proximate, causes are necessary for a negligence recovery.
Actual Cause: According to Mallor to determine

A Summary On The New Offence
1a) The new offence is triable either way meaning it is a crime which can be tried as a summary
offence (Magistrates court – less serious crime e.g. petty theft) or as an indictable offence (Crown
Court with Jury – more serious crime e.g. robbing a bank). If the magistrates feel that their
sentencing powers are sufficient if convicted, they can indicate they accept jurisdiction. The
defendant can then have the choice to choose if they wish to be tried in the magistrate's court or
before a jury. This is not the case in some offences e.g. case concerning criminal damage which is
less the £5000 would be tried summarily or a case on homicide would be tried upon indictment. If
tried in magistrates the maximum imprisonment sentence would be 6 months, a fine or both and in
the Crown court the maximum imprisonment sentence would be a term not exceeding 3 years, a fine
or both.
1b) Explanation of each crime is as follows:
i. Result Crime
Here the defendants conduct must create a particular result e.g. murder, where the accused's act must
cause the death of a human being e.g. R v Mellor [1996], here the defendant injured the victim who
died two days later in hospital, thus defendant was found guilty of murder by the court. ii. Status
Crime
These are offences where the actus reus (AR) consists of particular situations and sometimes a
consequence but no physical act. This is an offence of 'being ' rather than 'doing ' i.e. Winzar v Chief
Constable of Kent (1983), here the defendant

Nature VS Nurture – Are Criminals Born or Made? Essay
Your essay title:
Nature VS Nurture – Are Criminals Born or Made?
Declaration of original work:
By submitting this work, I am declaring that I am the originator of this work and that all other
original sources used in this work have been appropriately acknowledged. I understand that
plagiarism is the act of taking and using the whole or any part of another person's work and
presenting it as my own without proper acknowledgement. I also understand that plagiarism is an
academic offence and that disciplinary action will be taken for plagiarism.
Intro
The search for causes of crime forms the basis of most criminological studies. There are numerous
explanations for crime: psychological, evolutionary, genetical, ... Show more content on
Helpwriting.net ...
Adoption studies have also been conducted to test for the criminal behaviours of the adopted–away
children, if their biological parents had also been involved with criminal activity. In Iowa, the first
adoption study was conducted that looked at the genetics of criminal behaviour. The researchers
found that as compared to the control group, the adopted individuals, which were born to
incarcerated female offenders, had a higher rate of criminal convictions as adults. Another study in
Sweden also showed that if a biological background existed for criminality, then there was an
increased risk of criminal behaviours in the adopted children. These evidences support the existence
of a heritable component to antisocial or criminal behavior (Tehrani & Mednick, 2000).
However, while the overstimulation of the Id and the failure to acquire and develop the the Ego and
SuperEgo leads to criminal tendencies, while aggression may be out of adaptive values, and while
genetic studies have pointed towards the influence of genes and criminal behaviour, these theories
alone are insufficient to account for crime. Evolutionary theory does not explain or predict for the
extreme degrees of aggression in individuals nor has the genetic theory proven for 100%
heritability; which raises the need for us to examine the Nurture camp of crime theories as well.
Nurture
Behavioural psychology posits that a person's behaviour is learned and maintained by its
consequences, or

The United States Law Enforcement Essay
Law enforcement goes as far back as to cave dwellers, if it was not for England, the United States
would be at a lost for policing. The United States uses the consensus and conflict theories to help the
American people have a better understanding of human behavior and its limits. There are many
types of policing that were identified and it is the law enforcement officers' job to protect and sever
and to deliver criminals into the hands of the law. If it was not for law enforcement officers, the
community would be a disaster.
When the development in urban England began, the town started forming "commerce, industry, and
a variety of buildings usually made of wood because England was primarily forest land" (Hess,
2013; p. 10). The town guild appointed men to use the Watch and Ward system because of fire
prevention purposes and it was assumed those men's job was to also "prevent people from breaking
into houses and shops" (Hess, 2013; p.10). These appointed men became known as the watchmen.
The Watch and Ward system was suitable until the Industrial Revolution began because famine
began to strike rural areas, and large amounts of people moved into the town to find work such as
"weaving and knitting mill and in factories" (Hess, 2013; p. 10). The large groups of people that
moved in to the town were unable to find work, and therefore started creating "mobs to march on
Parliament" (Hess, 2013; p. 10). "The government had no civil police force to deal with mob
violence,"

The Legal Test Of Causation And Factual Causation
Remoteness refers to the legal test of causation which is used when determining types of loss caused
by a breach of contract or duty which can be compensated by the award of damages.There is a
difference between legal causation and factual causation because of that question arises whether
damages resulted from breach of contract or duty. In contract law Hadley v Baxendale is the
traditional test for remoteness.Test is in essence a test of forseeabilty. The loss is only recoverable if
it was in contemplation of parties.English Law relating to remoteness of damages in contracts is no
more vague as it was a century back when the Hadley test was nothing but words twisted around.
Hol has changed its shift in approach which is more subjective now in terms of intention of
parties..It can be suggested that agreement based approach to remoteness could be possibly be
extended to non pecuniary losses and certain areas of law of torts.. Purpose of contractual damages
under english law is to protect the innocent party and put it in a position where it would have been if
the contract had not been breached. In order to prove its damages a party must show that the law
was reasonably foreseeable at time of completion of contract. Parties are supposed to have certain
knowledge when they enter contract and such knowledge which reasonable person is assumed to
know in the ordinary course of thing. Parties are taken to foresee loss which is not likely to happen
because of breach of contract

The Law Of Medical Nefeligence
Thesis presented for the LLM by Alan Raftery The Law of medical negligence, a comparative
analysis of the issue of causation in cases of informed consent in Australia, the United Kingdom and
Ireland. Student Number: 13205410. Table of contents. Page(s) Introduction 1–3 Chapter 1: The
doctrine of informed consent Irish courts approach 4 English Courts approach 5–7 Australian courts
approach 7–8 Discussion ... Show more content on Helpwriting.net ...
While the cases involving causation in ordinary negligence cases have departed to the material
contribution etc the cases involving causation in non informed cases have taken a different direction.
The author will discuss the approaches taken by the Irish, English and Australian courts regarding
causation in non informed cases in medical negligence first. He will then proceed to discuss the
approach to causation in ordinary negligence. The author will then contrast the tow and give an
detail analysis on

Positivism Vs Classicalism
Maddie Boorse
Mr. Lipowitz
H English P.2
8 Dec. 2015
Crime Causation: Positivism vs. Classicalism
Humans all pride themselves with having free will. While this is a great thing, free will can cause
many problems because it also involves different opinions. The leeway of freedom gives people the
option to choose the faulty way. This free will is what creates criminals. The Classical Theory is the
most well–known and relevant crime causation ideology, but it is rivaled by the Positivist Theory.
While the Classical Theory deals with the social and legal aspects of humans, the Positivist Theory
suggests that criminals ... Show more content on Helpwriting.net ...
Developed by Rafael Garofolo, Cesare Lombroso, and Enrico Ferri in the nineteenth century, this
theory encompassed much of the social aspects of human tendencies and new sciences. These men,
although mainly ascribed to Lombroso, believed that crime cannot be defined in legal terms and
actually is a fundamental offense of moral standards and certain humans had a proclivity towards
crime. An example of this notion is Winston Smith and Julia in 1984. Winston is only a criminal in
the eyes of the government because of the morals and normal behavior. "Their embrace had been a
battle, the climax a victory. It was a blow struck against the Party. It was a political act". (1984)
There was no law against sexual relations, but it was a criminal act because of how it was viewed by
society. Winston and Julia are only criminals because their act of rebellion was looked upon as an
act against the Party; thus stating that criminals are only criminals because they act differently than
the preconceived moral standards. The anti–social behavior that leads to criminal activity is proven
and ameliorated with sciences such as biology, sociology, psychology, anthropology, and psychiatry.
This outlook on criminal causation is based on behavioral analysis. By using these sciences and
analyzing criminals and their personalities, Lombroso believed that committing a crime is not a
choice, but rather a social influence based on the person's influences and his or her morals. In
Escape from Camp 14 the main character, Shin, lies when he tells about how his mother and brother
were executed. "In writing this book, I have sometimes struggled to trust [Shin]". (Harden) Shin lies
about one thing and that creates the image that he could have a propensity to being criminally
dishonest and lied about more aspects of his life. The author expresses this in the quote. Shin is now
only viewed as dishonest because

The English System Of Criminal Law In The United States
Introduction and Historical Background
Every society in which we live, from the remote tribe to the most technologically advanced culture
has rules in which by which it operates. Most societies have written rules governing behaviour and a
set of punishment for those who break the rules. These can be referred to as the society's laws.
The law is defined as is defined as the body of rules of conduct created by the government and
enforced by government authority. Without any rules or behaviour, life in a group would be difficult,
if not impossible. In order to master criminal law, there must be an understanding of the context in
which criminal law exists.
The United States has a system of law derived from the English system of Common Law. As the
original English settlers arrived in the new world, they brought with them a well–developed system
of justice. This English system of law was common to all persons and all areas in the English
empire, so it came to be referred to as the Common Law. Common Law is founded on the idea that
if one set of facts yields a decision in one case, the same set of facts should yield the decision in the
next case. For example if a judge in Manchester ruled that stealing a goat was a crime, a judge in
London should rule the same way. Under Common law, judges look to similar cases decided before
and decide new cases the same way. This helps make the legal system predictable and stable. Using
previous judgements in related cases to judge an ongoing

The Ethics Of The English Marine Insurance System
1. Introduction
While in recent years, more and more self–help motivational books or websites may be encouraging
an "All or Nothing" attitude towards life in general, one would indisputably agree that when an
assured is taking up a policy, in this context, a Marine Policy, one is trying to protect against risks of
the unknown, and definitely not signing up for a "All or Nothing" lottery game. However, two
judgments in the English Courts for rules on proximate causation, particularly cases with a
combination of perils to be considered, seemed to suggest the notion of "Do you feel lucky today?"
thus raising doubts on the justice of the rules on proximate causation in the English marine
insurance system.
Hence, this paper aims to discuss in greater depth the reasoning and outcome of the two judgments
i.e. the judgment of the Court of Appeal in The Miss Jay Jay [1987] 1 Lloyd's Rep 32, and of the
Supreme Court judgment in The Cendor MOPU [2011] 1 Lloyd's Rep. 560, to see if they are an
arguably sufficient justification for the view that the English marine insurance system rules on
proximate causation should be repealed and replaced by a system similar to that used in the Nordic
Marine Insurance Plan.
2. Proximate Causation
2.1 Predominant or Efficient Cause
The concept of proximate causation has a critical role in Marine Insurance Law. A connection
between the covered perils and the loss is required to determine causation and therefore liability.
In Section 55(1) of Marine

Breaking The Chain

Recommended

Recommended

More Related Content

More from Stacey Cruz

More from Stacey Cruz (20)

Recently uploaded

Recently uploaded (20)

Breaking The Chain