Mt St Helens 1980 Eruption

At 8:32 a.m. on May 18, 1980, the volcano located in southern Washington called Mt. St. Helens erupted. Despite the many warning signs, many were taken by surprise by the blast. The Mt. St. Helens eruption was the worst volcanic disaster in U.S. history, causing the deaths of 57 people and approximately 7,000 large animals. Â   A Long History of Eruptions Mt. St. Helens is a composite volcano within the Cascade Range in what is now southern Washington, approximately 50 miles northwest of Portland, Oregon. Though Mt. St. Helens is approximately 40,000-years old, it is considered a relatively young, active volcano. Mt. St. Helens historically has had four extended periods of volcanic activity (each lasting hundreds of years), interspersed with dormant periods (often lasting thousands of years). The volcano is currently in one of its active periods. Native Americans living in the area have long known that this was not an ordinary mountain, but one that had fiery potential. Even the name, Louwala-Clough, a Native American name for the volcano, means smoking mountain. Mt. St. Helens Discovered by Europeans The volcano was first discovered by Europeans when British Commander George Vancouver of the H.M.S.Discovery spotted Mt. St. Helens from the deck of his ship while he was exploring the northern Pacific Coast from 1792 to 1794. Commander Vancouver named the mountain after his fellow countryman, Alleyne Fitzherbert, the Baron St. Helens, who was serving as the British ambassador to Spain. Piecing together eyewitness descriptions and geologic evidence, it is believed that Mt. St. Helens erupted somewhere between 1600 and 1700, again in 1800, and then quite frequently during the 26-year span of 1831 to 1857. After 1857, the volcano grew quiet. Most people who viewed the 9,677-foot tall mountain during the 20th century, saw a picturesque backdrop rather than a potentially deadly volcano. Thus, not fearing an eruption, many people built houses around the base of the volcano. Warning Signs On March 20, 1980, a 4.1 magnitude earthquake struck underneath Mt. St. Helens. This was the first warning sign that the volcano had reawakened. Scientists flocked to the area. On March 27, a small explosion blew a 250-foot hole in the mountain and released a plume of ash. This caused fears of injuries from rockslides so the entire area was evacuated. Similar eruptions to the one on March 27 continued for the next month. Though some pressure was being released, large amounts were still building. In April, a large bulge was noticed on the north face of the volcano. The bulge grew quickly, pushing outward about five feet a day. Though the bulge had reached a mile in length by the end of April, the plentiful plumes of smoke and seismic activity had begun to dissipate. As April drew to a close, officials were finding it increasingly difficult to maintain the evacuation orders and road closures due to pressures from homeowners and the media as well as from stretched budget issues. Mt. St. Helens Erupts At 8:32 a.m. on May 18, 1980, a 5.1 magnitude earthquake struck under Mt. St. Helens. Within ten seconds, the bulge and surrounding area fell away in a gigantic, rock avalanche. The avalanche created a gap in the mountain, allowing the release of pent-up pressure that erupted laterally in a huge blast of pumice and ash. The noise from the blast was heard as far away as Montana and California; however, those close to Mt. St. Helens reported hearing nothing. The avalanche, huge to begin with, quickly grew in size as it crashed down the mountain, traveling around 70 to 150 miles per hour and destroying everything in its path. The blast of pumice and ash traveled northward at 300 miles per hour and was a raging hot 660Â ° F (350Â ° C). The blast killed everything in a 200-square mile area. Within ten minutes, the plume of ash had reached 10 miles high. The eruption lasted nine hours. Death and Damage For the scientists and others who were caught in the area, there was no way to outrun either the avalanche or the blast. Fifty-seven people were killed. It is estimated that about 7,000 large animals such as deer, elk, and bears were killed and thousands, if not hundreds of thousands, of small animals died from the volcanic eruption. Mt. St. Helens had been surrounded by a lush forest of coniferous trees and numerous clear lakes before the blast. The eruption felled entire forests, leaving only burned tree trunks all flattened in the same direction. The amount of timber destroyed was enough to build about 300,000 two-bedroom homes. A river of mud traveled down the mountain, caused by melted snow and released groundwater, destroying approximately 200 houses, clogging up shipping channels in the Columbia River, and contaminating the beautiful lakes and creeks in the area. Mt. St. Helens is now only 8,363-feet tall, 1,314-feet shorter than it was before the explosion. Though this explosion was devastating, it will certainly not be the last eruption from this very active volcano.

Hiv And The Human Immunodeficiency Virus - 1839 Words

HIV (Human immunodeficiency virus) is a lentivirus that results in AIDS (acquired immunodeficiency syndrome). HIV attacks and destroys CD4 helper lymphocyte cells - a specific type of immune system cell. As a result, the body has a harder time fighting off other infections, making minor illnesses more severe. The virus will go further to use those CD4 cells to create more of the virus. Once so many CD4 cells have been destroyed, HIV will become AIDS. This stage, the final stage, will make the recipient more vulnerable to infections and cancers. HIV goes through multiple phases until reaching this point, however, the progression of each stage can be prolonged with ART medication (antiretroviral therapy) or other forms of treatment,†¦show more content†¦Initially, the virus was thought to be connected to homosexuals, and HIV even had multiple names relating to the word ‘gay’. Though bisexual and homosexual men are the most affected, with further research and additional information, researchers realized HIV was affecting other populations as well. In September of 1982, the virus was finally named AIDS. In 1983, the HIV virus was isolated, identified, and soon confirmed as the cause of AIDS. Now, approximately 36.7 million people in the world are living with HIV, more than 1.2 million of those people are in the United States. Many of the infected people are not even aware they have contracted the virus. It is estimated that 80% of the infected experience flu like symptoms shortly after contracting HIV, however, once those symptoms subside, they may not experience more symptoms for several years. Depending on the stage of the virus, different symptoms will occur. The first stage, the acute infection, is the one in which flu like symptoms begin to occur. They will occur anywhere between two to six weeks after infection and may last several weeks, or even months. This is caused by the increase of HIV levels in the blood. CD4 cells begin to quickly decline during this stage, causing the immune system to kick in, making the CD4 count rise once again, but not back to its original count. During theShow MoreRelatedHuman Immunodeficiency Virus ( Hiv )1359 Words   |  6 PagesThis paper explores the human immunodeficiency virus (HIV) as well as the simian immunodeficiency virus (SIV). The virus has infected two million adults and children by the year 2005 already. The virus continues to race around the world, and new HIV infections are at 50,000 per year (Martine Peeters, Matthieu Jung, Ahidjo Ayouba) (2013). The final outcome of the HIV infection is Acquired Immune Deficiency Sy ndrome (AIDS). 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The patient should not feel as if the disease or virus defines the overall character of the patient. Standards precautions are still the same when treating all patients with or without a compromisingRead MoreHiv And Human Immunodeficiency Virus1205 Words   |  5 PagesWhat is HIV? HIV is a fatal disease which stands for â€Å"Human Immunodeficiency Virus† it is a failure to the immune system to protect the body from any infections. This virus causes a condition called acquired immunodeficiency syndrome. When HIV is left untreated it leads to another disease called â€Å"AIDS†. It can occur in any age, race, sex or sexual orientation. The highest risk of contracting HIV is having unprotected sex and sharing needles with others. Another factor are people that have STI’s andRead MoreThe Human Immunodeficiency Virus ( Hiv )980 Words   |  4 Pages The Human Immunodeficiency Virus (HIV) is an immune system disorder that can be contracted through sexual activity as well as other types of contact. (Healthy Living, pg. 79) If left untreated this virus can turn into AIDS (Acquired Immunodeficiency Syndrome). AIDS is the final stage of the Human Immunodeficiency Virus (HIV). (aids.gov) AIDS is an incurable progressive disease that causes gradual destruction of CD4 T cells by the human immunodeficiency virus (HIV). (Diseases, pg. 431) A healthyRead MoreHiv, Or Human Immunodeficiency Virus998 Words   |  4 PagesQuestion 1 HIV, or Human Immunodeficiency Virus, attacks the human immune system and greatly weakens the body’s ability to fight foreign invaders and infection. HIV first demanded notice in the early 1980s in the United States in homosexual men displaying illnesses like Pneumocystis carinii pneumonia and Kaposi’s sarcoma. The disease was soon observed in IV drug users, hemophiliacs, and blood transfusion recipients, but became publicized as a â€Å"gay disease,† nicknamed by the media as GRID, or Gay-RelatedRead MoreHuman Immunodeficiency Virus ( Hiv )1349 Words   |  6 Pages Human Immunodeficiency Virus (HIV) is a retro virus that causes AIDs by infecting the T Helper cells of the body’s immune system. The AIDS virus is the final stages of the HIV virus. HIV is a lentivirus genus, which is a subgroup of the retrovirus that causes the AIDS virus. Even with proper treatment, an infected person has a life expectancy of less than ten years.As the virus weakens t he human immune systems, this effectleaves the patient compromised and at risk to opportunistic infections

Business Law and Ethics Carelessness

Question: Discuss about the Business Law and Ethicsfor Carelessness. Answer: In regular use, the term carelessness signifies the lack of regard. In lawful sense it means that, one does not have the ability to work out the caring standard which a sensible man is expected to have in the current situation. Over all, there is a legitimate obligation to take into consideration when there is a prediction that the inability to do a particular task will cause harm. Carelessness[1] is a way in which various sorts of damage might be created if the potential risk is not avoided. Carelessness or negligence is breaking of lawful obligations which result in causing harm that are not desired by the respondent to the offended party. In order for a claim of torturous liability in carelessness to be significant, basically, certain crucial pre-necessities should be built up for each circumstance individually. To start with the main undertaking is to distinguish and characterise the proposition to which an obligation of care is. Carelessness is usually concerned with compensating the individuals who have experienced harm because of anothers negligence. In an event if the duty of care cannot be set up and appeared in the concerned circumstances, the rest of the elements of negligence[2] need not be perceived. Skye, in order to get compensation for her injury should fulfil the following essentials of negligence and can only be remunerated by Charlene if the injury caused to her has these elements. Essentials of Negligence: In any activity for carelessness, the following need to demonstrated by the offended party:- Obligation to take care- One of the fundamental reasons for risk is that the litigant had a legal obligation to fulfil towards the offended party. The following case can help us to understand this better, Grant V Australian Knitting Mills Ltd., 1935 AC 85[3], the offended party had bought two sets of woollen clothing from the retailer and derived some form of skin infection after wearing the garment. The woollen garment contained abundance of sulphates which the manufacturer carelessly neglected to get rid off while washing them. Thus, the manufactures were held responsible for not doing their duty or taking essential care of the product. In the given case, Charlene had been careful by telling her students to wear the socks before starting with the yoga classes and she had obliged towards her duty of care. Obligation to whom- This essential can be explained with the help of the case, Donoghue V Stevenson, 1932 AC 562 it conveyed the thought further and extended the limit of obligation. Throwing light on the fact who can be the neighbour[4] According to LORD ATKIN, people closely related to their neighbour and affected by their act which a man of ordinary prudence should have taken care of otherwise, will be held liable if they ignore their duties of taking proper care. In the provided case study as well, Charlene had fulfilled her obligation of providing all the items that shall guarantee the safety of her students while performing the yoga. Obligation is always towards the applicant- The fact that the defendant owed an obligation is not adequate. It should likewise be set up that the litigant owed an obligation of care towards the offended party. Light has been thrown on this essential in the following case, Bourhill V Yothful, 1943 AC 92, the offended party, a fishwife, landed from a tram car. She was being helped to place her basket behind her back and just at that time a motor car came in crashed against her tram car and the helper instantly died.. The offended party could neither see the perished nor the accident as the tram was in between them. She had essentially discovered out about the crash after the deceased body had been removed she went to the place and saw blood on the roadside. Harm was caused to her and as a result, she gave birth to a stillborn child of eight months. She took action against the agents of the dead motor driver. It was held that the dead person did not have any obligation of care against t he offended party and hence, no damage could be claimed. In the given case study, Charlene was careful towards Skye by telling her to wear her socks on time and also the same shall be helpful at the time of performing Yoga however Skye refuses to take the precautionary measures as she felt that the socks was not matching with her dress. Breach of duty[5] to take care- This is also an essential element of negligence. The aggrieved person must demonstrate that the respondent has made breach out of his duty and has failed to perform his obligations. In the case, Wyong V. Shirt the issue was whether foreseebaility can be regarded as a issue in blaming someone for negligence. The Court held that if a man foresees the risk that is involved in the given case then he may be held liable for negligence. However, if the same was not possible for a man of ordinary. prudence to judge the issue in question then he shall be not be held liable for negligence. [6]Charlene, did not breach her duty of care. She had properly taken care of all the requirements of the yoga students. Subsequent damage or Consequential harm to the plaintiff- This essential can be explained with the help of the case, Donoghue V Stevenson, 1932 AC 562 it conveyed the thought further and extended the limit of obligation. Throwing light on the fact who can be the neighbour[7] According to LORD ATKIN, people closely related to their neighbour and affected by their act which a man of ordinary prudence should have taken care of otherwise, will be held liable if they ignore their duties of taking proper care. The last basic element for carelessness is the harm brought about to the offended party was the consequence of breach of its duty. The damages should be in the form of damages to the body, harm to reputation or property, loss of money or any form of mental harm. Skye was hospitalised for two weeks and had no sick leaves. Hence, she has to take time off from work as her recovery shall take 8 weeks; she thinks that when she feels better she shall look for a job around Christmas time. S kye thinks due to this accident she can get a good pay out of Charlene. No, Charlene cannot be sued[8] by Skye, and Skye will not be liable for any compensation for the damages caused to her. As there are certain barriers for negligence, that have to be kept in mind while imparting justice. Contributory Negligence- It is the rule of common law that decides that any person who by his own actions causes harm or injury to himself cannot claim damages against another. Since, he will be considered in law to be the creator of his own mistake. In the case, Butterfield V Forrester, (1809) 11 East 60; the responden[9]t had put a pole over an open avenue which he had no privilege to do so. The offended party was riding on that path at 8 o clock, however the hindrance[10] was visible from 100 yards away, and he was riding very fiercely, and crashed against the poll and fell with his stallion. It was held that the offended party could not claim damages as he was careless. By the act of God- This is such an immediate, fierce, sudden and compelling demonstration that cannot be foreseen or predicted by any human knowledge. For example, storms, heavy rains causing flooding, high tide or earthquakes. In Nicholas V Marsland, (1875) LR 10 Ex.225; the litigant[11] had a number of stimulated lakes on his territory, for whose development or support there was no carelessness. Due to heavy rains a portion of the supplies burst and diverted to four country bridges. It was held that the litigant was not responsible for any damages as it was the act of God. Unavoidable Accidents- Inevitable accidents functions as a resistance of carelessness. An unavoidable mishap is what cannot be prevented under any cost. In Brown V Kendal, (1859) 6 Cussing 292; the offended party and the respondent dogs were fighting. While the litigant was trying to separate them, he by mistake hit the offended party on his eye that was standing close by. The harm caused to the offended party was held as the consequence of an unavoidable mishap and hence the respondent was not liable for compensation of damages. In Stanley V Powell, (1891) 1 QB; the offended party and the respondent, who belonged to a shooting party, went for fowl shooting. The litigant had tried to shoot a bird, but however he shot an oak tree and injured the offended party. It was held that this accident was an unavoidable accident and the defendant could not be held liable for any compensation of damages. In my opinion, the law of negligence requires that for any claimant to succeed, the court must be fully satisfied that the litigant who is being referred to owed him or her an obligation of care and that there was a breach of obligation by the respondent. Lastly, the harm or injury caused to the petitioner was a result of breach of his duties. Thus, in our case, it is well established that Charlene had taken full care for the safety of her students and had provided for adequate measures to keep them safe. It was Skye who did not follow the instructions and due to her own negligence caused herself harm or injury. Thus, under such circumstances she cannot get Charlene to compensate for her loss or damages caused. Since, the components or elements of tort and negligence are not served, Skye has no sufficient[12] grounds to avail any form of compensation from Charlene.

Was Saxon justice harsh and superstitious Essay Example

Was Saxon justice harsh and superstitious Essay Between AD500 and 1100 England changed form being a mass of small kingdoms into one united country. During these centuries, kings played a vital part in every aspect of government and especially in crime and punishment. A kings most important tasks were to defend his country from attacks and to make sure his laws were obeyed. Laws were made by kings after consulting nobles and bishops. At first, Laws had two main aims, to protect landowners property from damage or theft and to protect people from violence although freemen got more protection than slaves. Early Saxon kings allowed the victims of crimes to punish the criminal themselves. If someone was murdered, the family had the right to track down and kill the murderer. This right was known as the Blood Feud. There were two problems about this legal violence. Firstly, it often led to even more violence as families and their friends banded together to take revenge for an attack and then this led to another attack. Secondly, it did not protect people who did not want to use violence against those who had harmed them. Later kings abolished the Blood Feud and introduced money fines called wergilds for many crimes including some murders. The victims received compensation in money. The level of punishment was decided by the king, through his laws. This made further violence much less likely. Saxon laws were extremely detailed about fines that criminals had to pay. The wergild for killing a nobleman was 300 shillings. If the criminal could not afford to pay the fine, then he or she was sent into slavery. However, not all crimes were punished by fines. We will write a custom essay sample on Was Saxon justice harsh and superstitious specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Was Saxon justice harsh and superstitious specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Was Saxon justice harsh and superstitious specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Some serious crimes carried the death penalty treason against the king, arson and betraying your lord. Reoffenders were also punished harshly if they were caught. Punishments for regular offenders included mutilation, for example, cutting off a hand, ear or nose or putting out the eyes. Any accused person who did not come to court was Outlawed. This meant he no longer had the protection of the law and could be killed by anyone as a punishment. Prisons were only used for holding accused people before trial. Imprisonment was rarely used as a punishment because it was expensive. Gaolers would have to be paid and criminals would have to be fed. This was impossible at a time when kings only collected taxes for wars or to pay for other out of the ordinary events. There was no police force in Saxon England. In the early Saxon kingdoms people relied on their families to help them catch thieves or other wrongdoers. By the tenth century, kings had set up a different kind of self-help system known as a tithing. A tithing was a group of ten people. All males over the age of twelve had to belong to a tithing. This meant that they were responsible for each others behaviour. If a member of the tithing broke the law, the others had to bring him to court or pay the compensation fine to the victim. In a modern trial there are lawyers to prosecute and defend, and jury members must have no prior knowledge of the accused. By contrast, at a Saxon trial there were no lawyers to prosecute or defend the accused person. The accuser was the person who claimed to be the victim of the crime. The jury was also different. It was made up of men from the area who probably knew the accuser and the accused. Both the accused and the accuser told their version of events to the jury. It was then up to the jury to decide who was telling the truth. If there was no clear evidence (such as a witness having seen the crime take place) they used their experience of people concerned. If the jury felt the accuser was more honest in general than the accused, they swore an oath that the accused was guilty. The jurys oath taking was called Compurgation. There were times when the jury members could not agree with each other. This was usually in cases of theft or murder when there was no witness. Trial by ordeal was the solution to this problem. A twelfth-century law said that the ordeal of hot iron is not to be permitted except where the naked truth cannot otherwise be explored. Then God was asked to decide whether the accused person was guilty and the accused had to undergo trial by ordeal. Human beings might not know the truth but God certainly would! There were different kinds of trial by ordeal but whichever one was used; a careful religious ritual was followed. The person taking the ordeal had to fast for three days beforehand and hear mass in the church. As the ordeal by hot iron began the priest said these words: If you are innocent of this charge you may confidently receive this iron in your hand and the Lord, the justice judge, will free you, just as he snatched the three children from the burning fire. Trial by hot iron was usually taken by women. The accused had to carry a piece of red-hot iron for three metres. Her hand was then bandaged and unwrapped three days later. If the wound was healing cleanly without festering everyone would know that god was saying she was innocent. But if the wound was not healing cleanly God was saying she was guilty. Trial by hot water was usually taken my men. The accused put his hand into boiling water to pick up an object and lift it out. This might not be so easy. One of the earliest accounts of this ordeal describes how the accused plunged his right hand into the cauldron. In the bubbling it was not easy for him to grasp the little ring but at last he drew it out. The arm was then bandaged. Three days later the bandage was taken off. Again, the person was innocent if the wound was healing cleanly. Trial by cold water was also usually taken by men. People believed that the water was pure and so would reveal the truth. The accused was lowered into the water (a river or pond as close to the church as possible) on the end of a rope. The rope was knotted above the waist. If the person sank and the knot went below the surface then he was innocent because the pure water had been willing to let this innocent beneath its surface. However, if he and the knot floated then they believed the water was rejecting him because he was guilty. Trial by consecrated bread was taken by priests. The priest first had to pray, asking that he be choked by the bread if he lied. Then he had to eat a piece of consecrated bread. If he choked then he was guilty because God would not let a sinner eat consecrated bread. This might seem a much more lenient ordeal but people believed that God was sure to punish a priest who lied and so it was seen as the most effective or all ordeals. I think that the Saxons used trial by ordeal as a means of finding out whether someone was guilty or not to deter other would be criminals from committing crime. In my opinion, Saxon trials were based on superstition rather than logic because the trials in order to ascertain whether the person was guilty were based on a chance result and were often biased of finding them guilty.

Kelly V. Movie Theater free essay sample

Negligence Negligence requires a showing that a duty was owed, that the duty was breached, and that the breach was the actual and proximate cause of damages. Special Duty – Land Occupier Invitee A special duty arises in circumstances involving a land occupier. An invitee is one who enters the land with the owner’s permission for the purpose related to the activity. The landowner owes an invitee a duty of care to inspect and discover any dangerous condition and to make the premises safe. Kelly went to the Movie Theater to see a movie. Hence, Kelly is a social guest entering with Movie Theater’s permission and thus an invitee. Because Kelly was an invitee, The Movie Theater owed a duty to Kelly to inspect the premises, discover, and remove any known dangers. Breach The Movie Theater knew that restroom sink pipe was broken and did not warn Kelly, or any other patron, of the leaky sink pipe in the restroom. We will write a custom essay sample on Kelly V. Movie Theater or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Theater did not warn of water in front of the restroom sinks. Their failure to warn Kelly of the dangerous condition was a breach of their duty of due care. However, the Movie Theater will argue that they did call for a plumber to fix the pipe and the plumber could not come until the following day. Further, they sent an employee into the restroom to mop up the water every 15 minutes. However, Movie Theater should have placed some type of warning of the water. Therefore, Movie Theater breached their duty of due care owed to Kelly. Actual Causation â€Å"But for† the failure to warn of the water in front of the restroom sink in the girls restroom Kelly would not have slipped on a puddle of water and suffer a painful shoulder injury. Thus, the Movie Theater is the actual cause of Kelly’s injuries Proximate Causation It is foreseeable if you fail to warn of a puddle of water on the floor, that one could slip and become injured. Therefore, Movie Theater is the proximate cause of Kellys injures. General Damages General damages are those damages that flow from the tort. Plaintiff must have sustained actual damages to person or property to recover for negligence. Kelly suffered a painful shoulder. She should recover general damages for her pain and suffering. Therefore, general damages are recoverable. Special Damages Plaintiff may recover for any medical damages or lost of income if specifically plead. Kelly should be able to recover damages for out-of-pocket expenses related to the hospitalization and other related medical care for her shoulder. Therefore, special damages if plead and proven are recoverable. B. Cindy and Sandy v. Movie Theater Negligence Duty Trespasser A trespasser is one who comes upon the land without the permission of the owner. The general rule is that there is no duty owed to a trespasser. Cindy and Sandy broke into the Movie Theater after it had closed for the night. Thus, they came upon the land without the permission of the Movie Theater. Movie Theater will argue since Cindy and Sandy were trespassers there is no duty owed. Therefore, there is no duty of care owed to Cindy or Sandy. General Duty – Rowland v. Christian However, pursuant to Rowland v. Christian, a minority rule, Movie Theater owes a duty to act as a reasonable person under the same or similar circumstances. Thus, Movie Theater had a duty of due care to make sure that anyone coming onto the premises did so without harm. Therefore, Movie Theater owes a duty of due care to Cindy and Sandy. Breach Since Movie Theater’s employee left the vacuum plugged in and because there were no lights in the Theater, Cindy tripped over a cord that was left plugged in across the aisles and fell head first into a row of seats. Further, Sandy ran to the restroom to get some paper towels for Cindy’s face that was bleeding and slipped on the wet floor because it was dark in the Theater and she did not see the wet sign posted in the restroom. Movie Theater did not act as a reasonable prudent person would have under the same or similar circumstances. Their failure to warn Cindy of the cord across the movie aisle, and the failure to make sure persons using the restroom would be able to see the sign created a dangerous condition which was a breach of their duty of due care. Therefore, Movie Theater breached their duty of due care. Actual Causation â€Å"But for† Movie Theater’s failure to properly warn of the cord running across the aisle and the failure to properly warn of the wet restroom floor, Cindy and Sandy would not have been injured. Thus, Movie Theater was the actual cause of Cindy’s and Sandy’s injuries. Proximate Causation Cindy and Sandy will argue that there injuries from their falls was a foreseeable result from falling over a cord that was across the aisle and a wet floor in the restroom. Movie Theater will argue that the independent contractor who was cleaning the Theater left the plugged cord from the vacuum across the aisle and he was an intervening act. However, the independent contractor may be an indirect act, but foreseeable and thus will not sever causation to relieve defendant of liability of the intervening negligence. As discussed Movie Theater failed to properly warn Cindy of the cord and Sandy of the wet floor, and therefore it is foreseeable one could be injured by water on the floor. Therefore, Movie Theater is the proximate cause of all of Cindy’s and Sandy’s injuries. Damages Defined supra. Cindy and Sandy suffered injury. They will recover general damages for their pain and suffering. C. Ed v Movie Theater Negligence Defined supra. Negligence Per Se – Violation of Statute Negligence per se by violation of statute is where there is a clear intent to legislate in order to protect a class of persons to be protected from the type of injury suffered. To establish negligence per se, you need to look to the intent of the legislature in creating the statute, you must be a member of the class the statute is designed to protect and the injury must be the type the legislature is trying to prevent. Under majority jurisdictions, violation of the statute means the defendant is negligent as a matter of law establishing both a duty and a breach. Under some minority jurisdictions, violation of the statute creates a rebuttable presumption of negligence, while in other minority jurisdictions it is only evidence of negligence. Movie Theater is required to illuminate the auditorium aisle with one candle unit of light per linear foot. The intent of the legislature is to protect persons from being injured in the Theater who need to leave safely in case of an emergency when they leave the Theater. Further, the legislature intended to protect Patrons of the Theater. As such, Ed was a patron of the Theater and is a member of the class that the statute was designed to protect. Although the movie Theater has illuminated auditorium aisles a patron spilled is super giant coke on the floor shorting out the floor lights for the entire auditorium. The movie Theater sells drinks to patron and a spill caused the entire lighting for the aisle to go out. The fact Theater has no lighting shows they violated the statutory requirement of one candle unit of light per linear foot. Since Ed was a patron in the Theater at the time he was injured, the intent of the legislature was to protect him from falling from unseen object on the floor or tripping do to no lighting. Therefore, Movie Theater’s violation of the statutory lightening requirement is negligence per se. Common Law Negligence Duty Defendant has a duty to act as a reasonable prudent person under the same or similar circumstances. Movie Theater owes their patrons a duty to illuminate the aisles in order for patrons to see where they are going. A reasonable prudent person would take steps reasonably necessary to assure that if a spillage does occur that the entire lighting of the aisles does not short out. Thus, a reasonable movie Theater would have lighting throughout the auditorium. Therefore, Movie Theater owes a duty of care to Ed. Breach A breach is a failure to act as a reasonable prudent person under the same or similar circumstances. Patron purchased a drink at the Theater and spilled super coke shorting out all the floor lights for the entire auditorium. A reasonable Theater would either have a backup system for lighting, or when a spillage occurs the lights where the spilled occurred would only be effected versus the entire floor. Thus, Movie Theater’s conduct by failing to have any lights on the entire floor fell below the reasonable person standard of care. Therefore, Movie Theater breached their duty owed to Ed. Actual Cause â€Å"But for† the lights shorting out Ed would not have slipped on the puddle of coke spilled on the floor and suffer from a broken ankle. Thus, Movie Theater was the actual cause of Ed’s damages. Proximate Cause It is foreseeable that if all the floor lighting goes out that a patron could slip on food or drinks that have been spilled by another patron and be injured. Therefore, Movie Theater was the proximate cause of Ed’s damages. Damages Plaintiff must also have sustained actual damages to person or property to recover for negligence. Due to the puddle of coke left on the floor and no floor lights to enable a patron to see the spilled coke Ed would not have suffered a broken ankle. Therefore, Ed will recover damages for his injury to his ankle. Mrs. Witkins v Movie Theater Negligence Defined supra Special Duty – Land Occupier Invitee Defined supra. Mrs. Witkins went to the Movie Theater to see a movie. Hence, Mrs. Witkins is a social guest entering with Movie Theater’s permission and thus an invitee. Because Mrs. Witkins was an invitee, The Movie Theater owed a duty to Mrs. Witkins to inspect the premises, discover, and remove any known dangers. Breach The Movie Theater knew that there could be a potential spillage of drink or food since they did sell them to the patrons who came to their movie Theater. Theater did not warn of the floor lightening being out or of the puddle of coke on the floor. Their failure to warn Mrs. Witkins of the dangerous condition was a breach of their duty of due care. Therefore, Movie Theater breached their duty of due care owed to Mrs. Witkins. Actual Causation – Successive Tortfeasor But for† the successive negligent act of the Patron spilling the coke and leaving it on the floor causing all of the floor lighting to go out and Movie Theater’s act of not having additional lighting or monitoring for spills, Mrs. Witkins would not have sustained an allergic reaction. Thus, Movie Theater is the actual cause of Mrs. Witkins’ injuries. Proximate Causation It is foreseeable if you fail to warn of a puddl e on the floor, or no lights illuminating the floor that one could slip and become injured. Movie Theater will contend that it was not foreseeable that the Dr. Pepper and popcorn would cause anything beyond a mere mess. Mrs. Witkins is suffering from an allergic reaction which was not foreseeable. However, under the thin-skull Plaintiff doctrine, one takes the Plaintiff as one finds her. Thus, Mrs. Witkins’ reaction to the Dr. Pepper and popcorn would be foreseeable. Therefore, Movie Theater is the proximate cause of Mrs. Witkins’ injures. General Damages Defined supra. Mrs. Witkins suffered an allergic reaction to the spill. She should recover general damages for her pain and suffering from her allergy.

5 Great Career Paths You Can Take if Youre Working in Retail

5 Great Career Paths You Can Take if Youre Working in Retail Working in retail and wondering whether there’s any upward mobility? Just remember that actually selling items in store is only about 56% of the retail picture. The other 44% of retail employees are working behind the scenes in design, marketing, admin, and logistics. Chances are you have skills that could transfer to these non-sales positions and help you move up the corporate ladder- or to another industry entirely. Cross-training here is key. Find a way to build your expertise in the most in-demand skills in your field, i.e. project management, people management, leadership, customer service, operations, and, yes, sales.Take every opportunity you can to build your arsenal and develop these skills, and build your retail resume. Then you’ll be ready to consider making the jump to one of these 5 promising careers in retail.1. Field ManagementIf you can work your way up to Store Manager, there’s nothing to stop you advancing to Area or District Manger. From there, you could become a Regional or Field Manager and oversee some 50 stores. You’ll need strong leadership and coaching skills, and the ability to manage others effectively, but it can be quite rewarding and lucrative. Expect to make anywhere from $42k to well over $60k per year.2. Visual MerchandisingIf you really like store work, and are creative and very attentive to branding details, you might be a good fit as a visual merchandiser. Make the store look great and help draw attention to what’s special about your store’s brand. Determine the shopper’s experience, what they see, and where. You can work either in the field or in the corporate office, and you can expect to make between $40-50k per year.3. Buying/PlanningBuyers and planners make the decisions about what things (and how many of each) should go in stores. Buyers procure things from wholesalers and Planners are in charge of the logistics of getting products from point A to point B (the shelves). Y ou’ll have to have a good sense of the brand, plus a bit of knowledge about supply and demand cycles, but the range for each position is wide: between ~$45 and over $95k per year.4. Supply Chain ManagingYou’ll have to have a good financial head on your shoulders and be an extremely competent project manager, not to mention know a thing or two about procurement, contracts, and legal and ethical issues. But you could work your way from a driver or warehouse worker to dispatch and beyond. Cross-cultural comfort is an asset here, and the pay scale ranges from an average of $59k per year to over $84k.5. Security/Loss PreventionIt can be a good gig making sure no one runs off with the merchandise. Loss Prevention Managers, i.e. specialists in security and loss prevention, can be brought in to stores to work undercover and prevent theft- and can make an average of $45k (or as much as $64k) per year.The bottom line is this: Retail jobs aren’t just about ringing purchase s and completing returns. If you like the field, there are many upwardly mobile career opportunities just waiting for you to pursue them.

Business management Essay Example | Topics and Well Written Essays - 2000 words - 6

Business management - Essay Example Each source of finance must function within the need of an organisation in order for it to be remarkably useful. Any business cannot just simply function without cash. That is why it is important to understand the current state of liquidity of a certain company. There is a need to understand the level of its cash flow. Understanding this will pave way to the basic knowledge on how much money needs to be considered prior to taking into account the assurance that business will continue to function and grow. In this paper, the proponent considers to critically assess some common sources of finance employed within different organisations and critically consider the sources of finance of Vodafone. Thus, prior to understanding the sources of finance of Vodafone, it is important to take a look at some sources of finance commonly used in most organisations. To continue business operation, capital is indeed needed. In the case of Vodafone, capital and fixed assets are not the same since the nature of its business is much more in the offering of services. This is eventually far from categorising the capital which is also known as fixed assets if used in production (Brigham, 1992). Vodafone certainly remains focus on the essential aspects in business. After all, it is clear that a business should operate with substantial amount of cash in which it shall be invested in land, facilities, personnel, equipment and other materials for the continuation of work and investment associated with businesses and subsidiaries. Vodafone clearly operates business through borrowing and equity which are parts of the three ways in which cash can be acquired. Mostly, firm’s reserves, disposal of assets or by borrowing are essential sources of funds. In the case of Vodafone, greater weights are clearly given to equity and borrowing. And in order to make them profitable there is a need to increase on revenue (Fess and Warren,