Exclusion clause Case Study Example | Topics and Well Written Essays - 1750 words

Exclusion clause - Case Study Example In recent years, it has become common that the weaker parties have often challenged the stronger parties for compensations in case some accidents or dangerous things happen to them in the course of carrying out their commercial relationship, even though they were statutorily excluded from their contractual agreement. This essays explains how these exclusion clauses could find their ways into a contractual agreement that the stronger parties would be willing to accept, although grudgingly. For the purpose of explaining how exclusion clauses could become a part of a contract, the famous law case of Sayers v International Drilling Co. N.V is used. This is an example of an employment contractual agreement. Sayers, an English rig worker was hired in England by a Dutch subsidiary of a Texan oil drilling company to work on oil rigs abroad. He had an employment contract with International Driving Co. N.V that stated that if any injury occurs to him while working, he would accept the company's "Compensated Program" as his only remedy, and that he should waive any cause of action he might have in United Kingdom or under any other laws. But, suddenly, Sayers was injured when he was sent to work on an oil rig off the coast of Nigeria. The injury was as a result of his co-workers' carelessness. Sayers then decided to bring a legal action in tort against the Dutch company in England: this is an action expected to force the Dutch company to compensate him other than the "compensati on program" stipulated in his contractual agreement with the company (Nygh, 1999). Possible ways the Dutch Company could include its exclusion clause in the contractNygh (1999) explained that it is possible for Mr. Sayers to compel his employer in the ways described below to include an excluded clause into the contract: in this regard, offering compensations for injury suffered by an employee rather solely relying on limited "Compensated Program". (a) Broader classification: An employee that drags his or her employer to the court seeking an inclusion of a clause may do so on the reason that the excluding clause is inconclusive in its definitions. Take for example; International Drilling Co. N.V may have defined compensated "injury" as the one sustained in the course of duty. However, this classification could be extended to cover the injury caused by carelessness of co-workers, as in the case of Mr. Sayers, if his co-workers injured him in the course of their duty for the company. Indirectly, Mr. Sayers is involved in the process of carrying out such company's duty, even though he may be at rest when the mishap happened. Broader classification like this has compelled employers to re-consider their stance on excluded clauses. Another relative example was in the case of an employee that got injured while using the company's car on a weekend; meanwhile his company stated that all off-duty car accidents would be at the employee's liability. However, extending this classification to cover using the said vehicle to convey another employee on duty for the company could force their employer to accept removing the exclusion clause. In the court of law, cases like these are handled by lawyers who employed the principle of deconstruction to argue with

Climate Change Essay Example | Topics and Well Written Essays - 2000 words

Climate Change - Essay Example Earlier it has been pointed that ecological destruction is one of the many leading causes that contributed to climatic changes. Jha and Whalley (1999) pointed that in developing countries, these environmental destruction is caused by massive soil erosion, open and illegal logging, dumping of solid and chemical wastes to the seas and ocean floors, incessant and unregulated pollution’s emission from companies, households, vehicles and industries. This is exacerbated by untreated human and nonhuman waste and other non-compliance of environmental control and laws in resource extraction, land use, and maximization of chemical-based fertilizers (Jha et al., 1999). The heterogeneity of environmental issues is also affected by the lack, if not absence, of enabling policies that can regulate and address ecological problems around the globe. As advanced nations engaged in an extractive industries in open states or countries, project developments in sites where there are mineral production sharing agreement proved destructive to mountains due to open pit nature of operations with consequential negative impact to rivers, water basins, siltation in the shorelines, displacement of native people, polarization of community (e.g. pro-mining and against), militarization of mine sites, and aggravation of community-based human rights violations (World Bank, 2004). The human beings, an integrated part of ecosystem, are also alienated by these developments as original residents in mine sites are removed from their natural livelihood (World Bank, 2004).... The influence and confluence of sun’s phenomenal flares that emit heat waves, atmospheric natural relations within earth’s axis and the environmental destruction made by human beings, intentional and non-intentional, have contributed or caused climatic changes (Intergovernmental Panel on Climate Change, 2008). Figure 1. A comprehensive graphics of climate change effects to the world. (OpenGreenSpace, 2012). Causes of environmental problems Earlier it has been pointed that ecological destruction is one of the many leading causes that contributed to climatic changes. Jha and Whalley (1999) pointed that in developing countries, these environmental destruction is caused by massive soil erosion, open and illegal logging, dumping of solid and chemical wastes to the seas and ocean floors, incessant and unregulated pollution’s emission from companies, households, vehicles and industries. This is exacerbated by untreated human and nonhuman waste and other non-compliance o f environmental control and laws in resource extraction, land use, and maximization of chemical-based fertilizers (Jha et al., 1999). The heterogeneity of environmental issues is also affected by the lack, if not absence, of enabling policies that can regulate and address ecological problems around the globe. As advanced nations engaged in an extractive industries in open states or countries, project developments in sites where there are mineral production sharing agreement proved destructive to mountains due to open pit nature of operations with consequential negative impact to rivers, water basins, siltation in the shorelines, displacement of native people, polarization of community (e.g. pro-mining and against), militarization of mine sites, and

Lower class citizens Essay Example for Free

Lower class citizens Essay In our first workshop we looked at the different classes aboard the titanic. We studied how the first, second, and third class passengers would react going on the titanic. We used still images to show our different facial and body expressions. Looking back at our work we could have improved the way we staged our still images and could have used more space up stage so that the audience had a better view of our body and facial expressions. I also think that we could have used more still images instead of just three we could have used five to show the contrasts of the different classed passengers on the titanic, this would have also improved our performance because the audience would have had a better view of interest and mannerisms from the characters. In the second workshop we looked at the titanic and the 9/11 attack. First, we started looking at the titanic and made 3 still images tom show the different type of characters, 1st, 2nd, and 3rd classed passengers. We developed these by adding hand gestures and facial expressions and also adding role play. Using role play we had to think of the different uses of tone of voice and how each person would speak, like the 1st class passengers would use proper words and would speak clearly whereas the lower class passengers would use cockney and wouldnt speak very clear. We then went on looking at the 9/11 attack on America in 2001. We then had to make role play of a hijacker taking control of the plane and killing an air hostess while she was giving out drinks. We then had to move on to making a role play. I played a window cleaner, complaining about my job when the plane is coming at my windows that I am cleaning. We then did parrot on the shoulder to empathise the worry of those who were there. When we used role play we had to make sure that we used all the right facial and body expressions to show how we were reacting at the time of one of the largest disasters in history. In the third workshop we developed our understanding of hot seating, and used many examples of the titanic to help us. We had to be questioned by the group about his or her background, behaviour and motivation. The characters were based around the catering on the titanic and had all sorts of questions asked to find information about the occupation. We created a scene in which enables us all to get a detailed idea about what it was like to work on the titanic. In workshop four we firstly had to do 3 still images to show the towers standing, falling and the towers no longer standing at all. We had to think of how we could use of our body and facial expressions to show the audience the effects it had. We then looked at a piece of text called Requiem for Ground Zero by Stephen Benkoff. The piece of text told us how the twin towers exploded when the plane hit the building. We had to explore the text and then look at how we could use it in role play. My group first came up with three still images showing how three different people were trapped. We then looked at fallen. This was a phone call that was made when those who were trapped could get hold of their loved ones. We used split screen to show how the different phone calls are made and what is said. During this exercise we had to think about the way we would use body and facial expressions to show emotion. We then moved on to role play. We created a scene that included levels and thought tracking to create more of an atmosphere to our work. The levels meant that we could show what level the characters were, in relevance to showing how important they were in our role play. During workshop five we also did 3 still images on The survival list for the titanic. We used facial expressions and body language to show to the audience the different class. For example the 1st class people would look down on the lower class and their heads would be up very high wheres the lower class people their heads would be down all the time. The higher class got to look at the list first so in this case we would see them pushing past the lower class citizens. The facial and body expressions that we used showed that the majority of higher class people were delighted about the news because they were first priority when it came to life boats and survival. The lower class people would be very upset, due to the fact that they werent as important when the life boats were being filled, so many of the lower classed passengers aboard the ship died.

Diversity Essay :: College Admissions Essays

Diversity Essay â€Å"Mom! Tell him to get off me!† cried my sister in Farsi to my mother. My mother ran into the room and pulled me, kicking and screaming, off of my older sister. My sister had come home from her first day of school, and was by this time crying. After issuing her punishment and telling me never to hit my sister again, my mother demanded to know why I was so upset. â€Å"She went to school today, Mom, and she won’t teach me English!† I sobbed. Of course, it was foolish of me to think that my sister could teach me a new language after her first day of school, but I was too young and frustrated to know any better. My frustration was caused by living in a foreign land and not knowing the language, and was amplified by our poverty. I did not have many toys and could not play with other children my age because of the language barrier. I was only two-and-a-half years old when my family moved to America from Iran to avoid the onslaught of the Iran-Iraq war. I was too young to remember any details, but the war stories I have heard are horrifying. Children were used as human sacrifices to deactivate landmines and sent to the battlefields with keys that would â€Å"allow them access to Heaven.† My parents envisioned a future for my sister and I somewhere that would shield us from such atrocities and allow us to advance our lives, even at the expense of their own. The strength that they displayed in sacrificing their own lives for our opportunities has been an inspirational force throughout my life. My mother worked at a laundry service in an apartment complex, and because we had no car or babysitter, I had to wake up mornings and walk with her to work. Several residents noticed me sitting impatiently in the cramped workspace and tried to entertain me in any way that they could. One of the residents, a tall man with funny-looking glasses, was a magician who gave me a copy of a children’s book. I could tell from the pictures that it was a book about a penguin, but I could not yet read its contents. I appreciated the gift, and because I liked this man who would show me card tricks and make funny voices, I was inspired to learn to read it.

Behaviorally Disordered or Socially Maladjusted

Write a brief explanation of factors to be taken into consideration when assessing and determining whether a student is behaviorally disordered or socially maladjusted. When we are assessing a child to determine if a behaviorally disordered or socially maladjusted we must notice problems such as the child staying on task or trying to focus. A child might also be getting low grades when we know they are capable to complete their work.Children that are behaviorally disordered or socially maladjusted can have problems including attention deficit problems, problems with certain teachers, emotional disturbance, depression, anxiety, and environmental factors from the child’s home. Observation is used to try to understand and be aware of factors that might be influencing a child’s behavior. We must do observations of a specific situation, various settings, and different times of day. The observer has target behaviors that they record throughout the observation.Four of the most common recordings are anecdotal recording, even recording, latency recording, and duration recording. By doing observations we should be able to provide the behaviors we are frequently seeing, information that might relate to services a child might be needing, information that can help form intervention plans and goals, and an understanding of the child’s abilities in certain areas. Interviews help us gather information effectively. We can have a structured or unstructured interview to help us gain insight and understand the child and additional concerns.We must understand what behaviors need to be watched and when we do the assessment for the child’s suspected disability. We must be aware of a child’s comfort level when doing assessment because if a child is displaying a high level of discomfort it might be a sign of more serious problems. Testing environment must be taken into consideration because it can have a large impact on the results of the testing when determining the true needs of the child. We can look at reaction time, the nature of responses give, the child’s verbal interaction ith the examiner, and organizational approach during testing, adaptability, and the child’s attitude. These must all be looked at and observed when assessing for this type of disability. When assessing a child’s behavior we must have knowledge of the degree the child believes their behaviors make a difference in their life, the tolerance for frustration that the child has, the activity level of the child, self-view of the child, emotional response of the child, and the conflict experienced by the child. Psychological testing is used in assessment of behavior and is administered by the school psychologist.There are many tests we can use to determine if behavior is a disability for the child. Behavior Intervention Plans must be developed when dealing with a child’s inappropriate behaviors. This is intended to reduce the need f or extreme discipline measures. These types of plans are intended to help control and suppress the behaviors that are inappropriate for a child. We must fully understand the psychological makeup of a child that might be behaviorally disordered or socially maladjusted to help recommend the correct placement and services that the child might need .

Affirmative Action The United States - 956 Words

Affirmative Action Affirmative Action has been around for many decades from around the 1940s. Although it has not always been called affirmative action, the official title was not introduced until the 1960s. Back then affirmative action was more known as segregation or discrimination in the workplace or there lack of. The women and people of color were the targets of discrimination, which several presidents tried to correct for equality. The Past During the Great Depression affirmative action was introduced, although it was not called that yet, under the presidency of Franklin D. Roosevelt. Segregation and discrimination was a major issue and President Roosevelt wanted to make changes to that so that the country could be united and equal. He tried to implement new programs that would bring together African Americans and the white race; however, they did not last long as they were not enforced. Once the United States went into World War II there was a lack of bodies for the war and more manpower was needed. In 1940, African Americans were allowed to volunteer for the war; they only contributed 16% of enlisted military members. Although they were now allowed to volunteer, this still did not correct the segregation issue because they were put in segregated units and were not serving as infantry men or â€Å"fighting† the war, they were used as labor men. President Roosevelt signed an executive order aiming to end se gregation so that there would no longer be segregation inShow MoreRelatedAffirmative Action At The United States1634 Words   |  7 Pageswrong with you? Why, nothing. You have everything we are looking for, it’s just†¦you’re black†¦Ã¢â‚¬  First established in 1961, Affirmative action (in the United States) was/is a practice in which the purpose is to improve the employment or educational opportunities of members of minority groups and women (Merriam Webster). Fast forward to today’s society and what is affirmative action now? Considering the prevalence of diversity in the workplace and in educational facilities, it should be of utmost importanceRead MoreAffirmative Action Legislation in the United States553 Words   |  2 PagesAffirmative action legislation in the United States has its basic framework in the Civil Rights Act of 1964, which mandates that firms with more than 15 employees are subject to a variety of anti-discrimination policies, mor e of which were passed in subsequent years. In some cases, the concept of affirmative action was taken to be a voluntary act to attain diversity. For the most part, however, courts have interpreted affirmative action laws as having little teeth under the Constitution. It has beenRead MoreAffirmative Action : The United States Of America2902 Words   |  12 Pages The University of Texas at Austin Affirmative Action in the United States of America An Analysis on a Sociological Problem Nicholas Quoc-Anh Pham (NQP69) SOC 307E Kristine Kilanski May 8, 2015 â€Æ' Affirmative action has been one of the most effective tools to correct a history of inequalities in our nation’s history against people of color and women. The huge advances made during Civil Rights era still has not completely eradicated centuries of sexism and racism. Opportunities for advancementRead MoreAffirmative Action Policies Of The United States1908 Words   |  8 PagesDiversity in the United States has been stymied due to the country’s legacy of slavery and subsequent successful efforts to legislate segregation of Blacks and Whites. At the beginning of the twentieth century, White legislative leaders sought laws to reflect the citizenry’s preference to discriminate, subordinate, and disenfranchise Black citizens. Segregation ordinances, poll taxes, and discriminatory practices of employers, educational institutions, and skill trade unions formed effective barriersRead MoreAffirmative Action And Its Effects On The United States1100 Words   |  5 Pagesprovision that government contractors take affirmative action to ensure that applicants are employed, and employees are treated during employment, without regard to their race, creed, color, or national origin.† Affirmative Action policies have always been controversial, largely because of the allegation that they cause employers to give preference in hiring to less-qualified minorities or females over more-qualified white males. Affirmative action was first created in an effort to help minoritiesRead MoreAffirmative Action And The Law Of The United States Of America1496 Words   |  6 PagesI. Introduction Affirmative action has founded a particular precedent in the Law of the United States of America. It evolved from being an administrative practice of the state and interventionist measures of the President to a way to enshrine the right to equality under the jurisprudence of the Supreme Court and the incorporation into the constitution plexus of the 14th amendment where it is stated that no state may deny within its jurisdiction the protection of the law to all its inhabitants.Read MoreAffirmative Action And Diversity Within The United States2678 Words   |  11 PagesAffirmative action and diversity are two sides of the same coin, different but similar. The former can be described as when â€Å"leadership commits the organization to hiring and advancing minorities and women† whereas the latter is when â€Å"leadership creates an organizational culture that allows all members, minorities and women included, to reach their full potential† (Schermerhorn, 2012, p. 305). A ffirmative action is the law in the United States, whereas diversity and diversity management are conceptsRead More Affirmative Action needs to be Changed not Ended Essay1321 Words   |  6 PagesAffirmative action: Should it be mended or ended? Affirmative action is an attempt to correct unequal distribution of benefits (status, income and wealth, power and authority), and burdens associated with ethnic and gender differences. Affirmative action has been promoted by the Federal government since the mid 1960s, when president Lyndon B. Johnson ordered federal contractors to adopt affirmative action plans. (Congress and the Nation, 748). This paper will focus on the relevance of affirmativeRead MoreAffirmative Action Programs Should Be Legal1576 Words   |  7 PagesKennedy issued Executive Order 10925, introducing the phrase â€Å"affirmative action.† A few years later, President Lyndon B. Johnson issued Executive Order 11246, which prohibited discrimination based on race, color and religion. Although there were no specific policies that require colleges and universities to use affirmative action programs, they voluntarily gave advantages to minorities and women in the admission process. Affirmative action programs we re first challenged in Regents of the UniversityRead MoreEssay on Affirmative Action1094 Words   |  5 Pagesnot obtain the position. Affirmative Action sometimes causes this because companies have to hire a certain number of minorities relative to the size of the company. This means that if there are no minority citizens available, immigrants who aren’t even US citizens can take the position. This is why Affirmative Action should be readjusted, because it is helping immigrants instead of the people it was meant for, American citizens. The fact is that the current Affirmative Action plan is helping immigrants

Separation of Church and State is Necessary for Freedom...

Separation of Church and State is Necessary for Freedom of Choice We in America have the right to be free, so why not listen to the words of Thomas Jefferson and build a â€Å"wall of separation between church and state?† The wall of separation was Jefferson’s interpretation of the first amendment; however, the idea was actually founder of Rhode Island Roger Williams’. Jefferson’s belief was that religion was a personal relationship strictly between a man and his God and the government should not be allowed to restrict anyone from practicing their religion. With so many different religions in the United States, church and state must be separated to a certain extent because a close relationship between church and state puts constraints on†¦show more content†¦If there were to be a real separation between church and state, the government would not be able to fund and type of religious organization. This type of funding is unconstitutional under the state and federal law. According to the American principle of ch urch and state, religion is a private matter. For the most part, God’s name should not be used in public schools. Prayer in public schools should not be allowed because prayer is a religious act. It is wrong for public schools to partake in anything having to do with religion. Many people of the religious majority have tried to make prayer optional. Can you imagine being part of the minority? The Pledge of Allegiance is still under controversy. In 2004, many religious groups gathered to discuss the addition of â€Å"under God† into the pledge in 1954. These groups believed that it â€Å"undermined the longstanding constitutional rights of religious minorities to seek redress in the federal courts involving mandatory recitation of the Pledge.† (Doerr 34) It is wrong for one religion to be favored over the others. Michigan State University is guilty of favoring Christmas over other religions during the holiday season. The University only decorates for Christmas during the holidays and many people believe th at they should either decorate for all holidays celebrated or decorate for the winter season because this is a public university. In addition,Show MoreRelatedCivil Liberties Essay1315 Words   |  6 PagesFrom the beginning, the United States Constitution has guaranteed the American people civil liberties. These liberties have given citizens rights to speak, believe, and act freely. The Constitution grants citizens the courage to express their mind about something they believe is immoral or unjust. The question is, how far are citizens willing to extend the meanings of these liberties? Some people believe that American citizens take advantage of their civil liberties, harming those around themRead MoreFaith Based Programs Are Effective With Changing Offender Behavior1338 Words   |  6 Pageseffectiveness† (Ferguson, Wu, Spruijt-Metz, Dyrness, n.d.). Now, as far as my personal perspective and individual interview many years ago in regards to â€Å"why individuals choice other faith-based programs when they are incarcerated† for another school I found that when a person is incarcerated and have nowhere else they can go, they will choice some type of faith-based programs for religious wisdom (I call it a vise) in order to cope with their current situation. The study was only promising as long as theyRead MoreThe Issue of Prayer in Schools713 Words   |  3 Pagesprayer in schools and the separation of church and state in general. As much as the history of court cases is good evidence for the separation of church and state and with it the denial of prayer in schools, supporters of prayer in public schools can and do make the argument that the intention of the Founding Father’s of this nation was to form a nation centered around prayer and Biblical instruction with it’s accompanying values. Their understanding of religious freedom was no doubt defined andRead MoreLimitations Of Liberalism926 Words   |  4 Pagesof individual freedoms and equality, it is still an extremely popular view point today. In this essay I will analyze the limits, challenges, and conservative critics to Liberalism and its modern applications. In analyzing these short comings of Liberalism, the merit of liberal practices will naturally be highlighted. Liberalism developed in the Age of Enlightenment over the rediscovery of reason and focus on individual freedoms. In Republicanism people held a duty to the nation state and let traditionRead MoreEssay about The Uniqueness Of The American Constitution838 Words   |  4 PagesConstitution We the People of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. This document, written more than 200 years ago is still the backbone that allows America to be an example of freedom and righteousness to the rest of the worldRead MoreThe Uniqueness of the American Constitution858 Words   |  4 PagesConstitution We the People of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. This document, written more than 200 years ago is still the backbone that allows America to be an example of freedom and righteousness to the rest of the worldRead MoreAnalysis Of City Upon A Hill By John Winthrop1050 Words   |  5 Pagesversus those that weren’t, and concluded that religion was necessary to have a stable government. Without religion to keep everyone in line, they believed the nation would soon descend into chaos.   Ã‚  Ã‚   The federalists, however, argued that a government based on religion was exactly why they left England in the first place. They believed that freedom of religion was necessary in order to avoid tyranny and oppression. A separation of church and state would prevent the government from enforcing the peopleRead MoreDoes Religion Foster Democracy?1383 Words   |  6 Pagespast, it seems obvious that religion plays a role in the formation of governments. The rulers of Europe were said to be ordained by God. The Catholic church played a massive role in determining the fates of the European nations. From the time we were in elementary school, we were taught that the pilgrims went in search of a new land with religious freedoms. The founding fathers set down new rules, largely based on the Bible and their religious beliefs. Religion helped initiate the collapse of Rome andRead MoreGod V The Government: The Showdown Essay1573 Words   |  7 Pages1787, the newly autonomous Unit ed States search for a legislative foundation; a foundation they found within the astute and forward-thinking minds of our founding fathers. These courageous men set up guidelines for which all American citizens were to conduct themselves. These stipulations, detailed in the United State Constitution and further defined in the Bill of Rights (1788), were obligatory for all American citizens. The Bill of Rights first Amendment states: Congress shall make no law respectingRead MoreReligious Liberty : The Revolutionary War And The Founding Of America Essay2467 Words   |  10 Pagesliberty in the United States. Although the United States was founded in an era of powerful religious principles, common law understanding of the church and state relationship faces significant challenges. Particularly in reconciling two popular visions: one allowing accommodation of religion in public life, and the other emphasizing separation. Defining the role of the American lawyer in promoting religious liberty and determining a maintainable balance between separation and accommodation is aided