...LAW OF TORTS Research Project: NEGLIGENCE AND PRESENT LEGAL SCENARIO Submitted By Shivanshu Sharma 14010224128 Division A Batch 2014-2019 Symbiosis Law School, NOIDA Symbiosis International University, PUNE In September, 2014 Under the guidance of DR. C.J RAWANDALE Symbiosis Law School, NOIDA Symbiosis International University, PUNE In September, 2014 CERTIFICATE The Project entitled “NEGLIGENCE AND PRESENT LEGAL SCENARIO” submitted to the Symbiosis Law School, NOIDA for Ethics as part of internal assessment is based on our original work carried out under the guidance of Dr.C.J Rawandale from July to September 2014. The research work has not been submitted elsewhere for award of any degree. The material borrowed from other sources and incorporated in the thesis has been duly acknowledged. We understand that we ourselves could be held responsible and accountable for plagiarism, if any, detected later on. Signature of the candidates Date: 17th September, 2014 Acknowledgement We would like to thank each and everyone who have helped us in the completion of this project knowingly or unknowingly. Firstly, we would like to extend our heartwarming thanks to our law of torts teacher, Dr.C.J Rawandale, under whose abled guidnce we were able to complete our research project. Further, we would sincerely like to thank our esteemed institution and other faculty members, without whom this project would not have seen the light of the day. Last but certainly not...
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...IBM Global Technology Services Thought Leadership White Paper Cloud Computing Defining a framework for cloud adoption How common ground can help enterprises drive success with cloud computing2 Defining a framework for cloud adoption Contents 1 Introduction 3 Looking at cloud computing across two dimensions 3 Cloud delivery models 7 Cloud service types 8 Roles in cloud consumption and delivery 10 Challenges and considerations 11 Summary Introduction With the many widely discussed advantages to cloud comput- ing, including elastic scaling, faster service provisioning, greater IT efficiencies and usage-based accounting, businesses are increasingly interested in adopting a cloud computing environment. Yet a swell in media and analyst coverage, plus a proliferation in cloud computing providers and marketing messages, has resulted in a great deal of confusion about what the term “cloud computing” really means. For example, some providers look at cloud computing as way to provide compute or storage capacity as a service, provi- sioned from a parallel, on-demand processing platform that leverages economies of scale. Others may equate cloud com- puting with software as a service, a delivery model for making applications available over the Internet. IT analysts view cloud computing from the perspective of variable pricing without long-term commitments and massive elastic scaling of services. IT leaders look at cloud as an infrastructure architecture alternative...
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...Law and Order Issues I have always heard that when you write, you should write about something that means something to you or something you enjoy, like or care about. Even in our textbook it stats those words, more or less. NASCAR is something I have cared, enjoyed, liked, and even loved ever since the age of 18. I am an avid collector of my drivers (Jeff Gordon) memorabilia. Ranging from clothing to die cast all the way to unopened cereal boxes. From February to November, I am sitting on my couch on Sundays, unless it’s a Saturday night race, watching faithfully. There has been a lot of controversy swirling around NASCAR since last month. I remember just as if it happened yesterday. On August 10th, my girlfriend and I woke up that Sunday morning just as usual and I came in to my living room to turn on the television to get ready to start the day. We sat here watched our TV shows like always waiting for the pre-race show and when it finally came on the air that’s when we heard the news; “Tony Stewart, 3 Time NASCAR SPRINT CUP CHAMPION kills fellow sprint driver Kevin Ward Jr.” Tony Stewart enjoys racing. It’s in his blood, as for all the other drivers running around the track every Sunday. The night before the Sprint Cup race he was participating in a smaller event at Canandaigua Motorsports Park in the state of New York. During the race, Stewart and Ward Jr. brought out the caution flag due to Stewart pushing Ward Jr.’s car out of the racing groove. Ward Jr.’s car bobbled...
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...INDEX THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) CENTRAL RULES, 1946 Rule 1,2 & 2A 758, 3 & 7 759, 7A & 8 760 SCHEDULE I. Model Standing Orders in respect of Industrial Establishment not being Industrial Establishments in coal mines for Industrial SCHEDULE IA Model Standing Orders Establishments in Coal Mines SCHEDULE IB SCHEDULE II FORM I FORM II FORM III FORM IV FORM IVA FORM V Model Standing Orders on additional items Format of letter with which draft Standing Orders are required to be submitted to the certifying officer Notice under section 5 of the Industrial Employment (Standing Orders) Act, 1946 Register of Standing Orders Memorandum of Appeal Notice of discontinuance/re-starting of a shift working to be given by an employer Service Card THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) CENTRAL RULES, 19461 In exercise of the powers conferred by section 15, read with clause (b) of section 2 of the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946), the Central Government in pleased to make the following rules, the same having been previously published as required by sub-section (1) of the said section 15, namely:— 1. (1) These rules may be called the Industrial Employment (Standing Orders) Central Rules, 1946. 2 [(2) They extend to all Union territories, and shall also apply in any State (other than a Union territory) to industrial establishments under the control of the Central Government or a Railway administration or in a major port, mine or oil...
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...42 I just want my free shit mainnnnnnn come on I just want my free shit mainnnnnnn come on I just want my free shit mainnnnnnn come on I just want my free shit mainnnnnnn come on I just want my free shit mainnnnnnn come on I just want my free shit mainnnnnnn come on I just want my free shit mainnnnnnn come on I just want my free shit mainnnnnnn come on I just want my free shit mainnnnnnn come on I just want my free shit mainnnnnnn come on I just want my free shit mainnnnnnn come on I just want my free shit mainnnnnnn come on I just want my free shit mainnnnnnn come on I just want my free shit mainnnnnnn come on And this must be irritating to readddd Man give me my free shit though USA USA USA USA 42 I just want my free shit mainnnnnnn come on I just want my free shit mainnnnnnn come on I just want my free shit mainnnnnnn come on I just want my free shit mainnnnnnn come on I just want my free shit mainnnnnnn come on I just want my free shit mainnnnnnn come on I just want my free shit mainnnnnnn come on I just want my free shit mainnnnnnn come on I just want my free shit mainnnnnnn come on I just want my free shit mainnnnnnn come on I just want my free shit mainnnnnnn come on I just want my free shit mainnnnnnn come on I just want my free shit mainnnnnnn come on I just want my free shit mainnnnnnn come on And this must be irritating to readddd Man give me my free shit though USA ...
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...presents to the audience – ratings and financial gain matter more than change. In the past women in crime television series had never been portrayed as the heroes who save the day, but as either the woman who stood behind the male police officer, a paralegal or secretary who helps out with the investigations, or, most commonly as the victim. In the same way, homosexuals and transgenders were hardly ever depicted in these crime television dramas and if they were, they were dramatically stereotyped for comic effect or portrayed as promiscuous and having addictive tendencies. Times change and so do the content of the shows we continue to watch. I plan exploring the portrayal of women in the crime television dramas, CSI: Miami (2002) and Law and Order: Special Victims Unit (SVU) (1999). Although women have come a long way since the late nineteenth century in changing the way they are perceived at home and in the workplace, sometimes some people cannot help but automatically link a woman to subservience. Once upon a time, a woman involved in solving crimes was usually the wife of the commissioner, the widow of a slain relative of the main character, or an elderly woman who solved crimes between knitting projects—just for fun. These women could also be oddities, Julie from The Mod Squad (1968) had been homeless and the daughter of a prostitute, while the women of Charlie’s Angels (1976) left their respective police departments in...
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...American’s turn to television media for general entertainment, but watch certain genres for informative purposes. Watching crime based shows is one example of this theory. People look to crime shows to gain knowledge of how crime solving works and what kind of job duties each person has, when what is shown on television is not always reality. Take the shows Law and Order: SVU and Hawaii 5-0. These shows reveal the aspects of detectives’ everyday lives inside the job. They have a high tolerance for violence and depict an unrealistic representation of certain occupations. Methodology: Reading two essays, researching television media and genres, observing two shows and participating in a Roundtable Discussion on American Media Images (RDAMI) were the steps I took in putting together my ideas on television media. “Superman and Me” by Sherman Alexie and “Where Have All the Parents Gone” by Barbara Dafoe Whitehead were the two essays I read for this paper. They develop ideas on what has an impact on American people and culture. I observed two episodes of two different television shows. Law and Order: SVU was one of the shows. Law and Order: SVU is a show about sexually based crimes, SVU meaning “Special Victims Unit”. “Friending Emily” and “Manhattan Vigil” were the two episodes with the main characters being senior detectives Olivia Benson and Odafin “Fin” Tutuola, detectives Nick Amara and Amanda Rollins, Sergeant John Munch and Captain Donald Cragen. Hawaii 5-0 was the other show I...
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...December 12, 2012 The television shows I watched were Law and Order Special Victims Unit (SVU), Criminal Minds and NCIS Los Angeles. For Law and Order, I watched season 12, episode 23. It had aired on April 20 2011. Its duration time was an hour. Criminal Minds, I watched season 8, episode 11; it had aired on December 12 2012. It duration time was 42 minutes. Lastly NCIS was season 4, episode 9 and that aired on December 11 2012. Its duration time was an hour also. When watching this shows, I noticed that there was at least one woman playing a lead character, whether she was victim or one of the detectives who were trying to solve the crime committed. However Law and Order SVU was the only show I observed that had a juvenile delinquent playing one of the lead characters. In the Law and Order SVU, the teenage boy was found naked asleep in a woman’s bed apparently waiting for her return so that he can rape and kill her. When taken into custody, they find out that this wasn’t his first homicide; in fact this delinquent has been raping and killing women prior to this event. As the detectives dig deeper, they discover that the teenage boy was molested when he was younger by his babysitter. They were several women portrayed as victims in this episode and none were offenders. The offender was a juvenile but no victims were juveniles Then there was Criminal Minds, in this episode the FBI agents head south to investigate a fast moving criminal who is trying to replicate another...
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...‘The conventional division of private and public law is to some extent a false dichotomy’. Discuss. The aim of this essay is to discuss the conventional division of private and public law is to some extent a false dichotomy. In order to achieve this aim it is necessary to inform that the writer, will examine the Children Act 1989 (CA 1989), giving examples of case law. This will include a brief background of implementation of private and public law into the Act. The next section will identify the similarities and differences in private and public law cases by comparing and contrasting case law. The current regulatory legal framework for contact issues in the public and private law context will be discussed by evaluating how the children’s views are considered. Further in the section the children’s representation in the public and private law arena will be touched on considering the United Nations Convention on Rights of the Child 1990 (UNCRC 1990), implications of the Human Rights Act 1998 (HRA 1998), and the incorporation of the of the European Convention on Human Rights (ECHR) bearing in mind that the Children Act was outlined with a consideration to the convention. Throughout the chapters I will refer to relevant case law, statute, drawing attention to how both private and public law cases can have elements of both private and public law and amalgamation of some cases. There will be a brief discussion to address the different treatment of parties mainly kinship...
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...must it provide in order to secure freedom for its citizens? This has been the central question of political philosophy from the very beginning. As much freedom as possible and as much unity as necessary leads to a society which serves the human good.” Stephan Eisel, the fellow worker of Konrad Adenauer Foundation The relationship between individual and society directly influences the relationship between individual freedom and society order. Upon the problems of individual versus community and personal freedom versus social order, the pioneer philosophers mainly think and answer it in tow basic ways. One part of philosophers and thinkers emphasize wholeness, inevitability and divinity and advocate that the whole is more important than the part; the society is more important than the individual. Another part of philosophers view the issue at opposite angle. Why do individual and society, individual freedom and social order stay in opposition to each other? On the one hand, the reason is that any person has irrational component inside him; the rational component registers as being controlled and is inclined to be in order; the irrational component registers as being impulsive and is inclined to the diversity. One the other, the individual freedom requires the equality, but the maintenance of the social order would sacrifice some individuals’ freedom without a doubt. It seems to me that the equality among the persons refers to being equally protected by law; it is the equality...
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...ROLE AND FUNCTIONS OF LAW LaFaye Moore Jr. LAW/421 August 01, 2012 Corey Frost ROLE AND FUNCTIONS OF LAW Law is the foundation to keep a business running smoothly, and it is also the process to keep a society from going down dark chaos road. With laws they give order that guides the business and society from destruction. Rand (2007), “The only power any government has is the power to crack down on criminals. Well, when there aren’t enough criminals, one makes them. One declares so many things to be a crime that is becomes impossible for men to live without breaking laws” (Para. 17 Pg. 1). When business and society decide to abide to the rules they stay out of trouble. Therefore, if not they pay consequence that fits the laws that is set for the safety of the business and society. The topics discuss is defining the functions and role of law in business and society and discuss the functions and role of law in your past or present job or industry. Defining the functions and role of law in business and society According to "Definition of Law" (n.d.), “Law is a rule of conduct or procedure established by custom, agreement, or authority” (Para. 1 Pg. 1). Laws are set of rules in business and society that can keep them out of legal actions if they are abiding to them. “Although the most visible function of the law on a day-to-day basis is to provide for some system of order that defines crimes and levies punishment for violation of the crime” (Melvin, 2011, Para. 4 Pg. 4)...
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...Role and Functions of Law Lisa Kisella LAW/421 July 27, 2015 Jason Johannes Role and Functions of Law Laws set expectations and rules, while providing a way to allow dispute resolutions for those enforcing the laws. Laws were created to help regulate standards and encourage proper behavior. The law gives individuals the right to live in a fair society, enjoy freedom, check government, and allows justice to be enforced when necessary. The law can be very complex so it is important to understand the law. Without laws in place, a country would find themselves in chaos, which would prevent that country from running efficiently and effectively. What is Law? Laws are a set of rules that are applied to situations in an attempt to keep order. If these laws are violated they need to be enforced to prove that they need to be followed in order for society to function properly. According to Melvin law is “a body of rules of action or conduct prescribed by controlling authority, and having legal binding force” (2011). Function and Role of Law in Business Business owners want to have full control of their business but they have to abide by the laws that have been set forth and conduct business in a fair and just manner. Businesses are required to provide fair and equal business environment for all of their employees and customers. The law states that business has to provide equal opportunity to potential employees when hiring. Employees should be hired based on skills and qualifications...
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...Presidency, the most influential and powerful of the organization of a government. In order to solve societal issues law can be issues but sometimes executive orders can be placed by the president if the resolution of one or several matters need to be done right away. That is the case for the executive order placed by the actual president Donald Trump concerning the risks of terrorism in the United States. In this essay, we will define what is an executive order, how is it different from a law and emphasize on the one issued by President Trump in January 2017. According to the American Government book, an executive order is an order issued by the president without the cooperation of Congress and having the force of law. Executive orders are different from law by because in contrary of a law, an executive order is issued by the president himself that still bypass...
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...definitions of law and theories of jurisprudence that were set forth in Approaches and Perspective to the Study of Law in order to better understand the other readings because it gives you a basis and a better understanding of the topics that are being discussed. In order to understand the language in these complex documents, it is beneficial to first have a ground to stand on and the building blocks that you will need. These would include the information provided in the Approaches and Perspective to the Study of Law piece. It helps to know the history of law, which is laid out in the document, The End and Aim of Law. It first tells you of how government was run in a Roman empire and under the direction of an Emperor. In today’s world, society is run very differently that than of more historic times. To think of how it was then, imagine if the President was an Emperor and he had rule over everything. There were no questions and whatever he said, came above all other laws. He would no longer need to thoughts behind natural law, analytic, or normative jurisprudence. Today, there is no one ruling power, at least in the United States. Congress, the President, jurists, and many other branches, work together in order to obtain and create understandable laws that are set forth for the good of our citizens. In order for this to happen, and throughout the course of history, they had to use devices such as natural law and analytic and normative jurisprudence. Natural law is that...
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...LAW/421 October 27, 2014 Richard Simon Role and Functions of Law Without law there would be no order in our everyday lives. The law is intended to create order where there would otherwise be chaos, to set boundaries to keep this order and to protect people against wrong doing. The law is a guide to what is and is not acceptable behavior both in society and in business practices. The law allows people to embrace freedom and justice and live within a fair society. Business law deals with the creation of new businesses and the issues that arise within current businesses (Business Law). The law allows government rule that is intended to allow society and businesses to operate effectively and efficiently. According to Melvin law is “a body of rules of action or conduct prescribed by controlling authority, and having legal binding force” (Melvin, 2011). The law aids individuals, businesses and the government in normal everyday operations and in more perilous times. The law is meant to be enforced and reinforced when they are not followed. The law affects the way that businesses are formed and structured. Once business is up and running the law continues to regulate business practices to ensure that rules are being followed and everyone is treated fairly from the employees to the consumers to the suppliers and so forth. According to the law there are certain standards of practice that must be adhered to in business. The law not only helps structure...
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