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Internal Assessment Front Sheet Essay

Negligence Case Study Essay -- Law of Tort, Tort Law

Review the scenario below. Consider the legal principles influencing the likelihood of any successful action against Steve in negligence. Daria and her lover, Tom, were crossing the road on a pedestrian crossing when Tom was hit and killed by a car being negligently driven by Steve. The car missed Daria by inches. Since the incident Daria has had frequent nightmares and has been unable to return to work. Harry, a policeman patrolling the area, witnessed the incident and went to try to help Tom, but quickly realised that Tom was already dead. This was Harry’s first day back at work following six months recovering from psychiatric illness caused by the distressing nature of his job. As a result of seeing Tom’s injuries Harry has now suffered a return of the psychiatric damage which now appears permanent. Samira, a civilian worker in police traffic control, was watching a TV monitor which showed the road as the incident occurred. Samira recognised Tom as her husband whom she had not seen since the day, six months before, when he had left her and gone to live with Daria. Samira had always believed that, one day, he would return to her. She has suffered post traumatic stress disorder since the incident. ------------------------------------------------------------------------------------ In our given scenario we are asked to discuss legal principles influencing the likelihood of any successful action against Steve in the grounds of negligence. Steve’s negligent driving caused a series of events that caused losses to the other people presented in the scenario and they take actions against Steve in the grounds of negligence. At first we must understand what negligence is. The tort of negligence provides the potenti... ...rameters and all the aspects of the law that appear in our given scenario we can safely say that any claim that is being made by Tom’s representative by Daria and Samira on the grounds of negligence – breach of duty of care and psychiatric injury would be successful and that even though Harry suffered psychiatric injury his claim won’t be successful since he doesn’t fulfill the necessary parameters in order to make a successful claim. Bibliography Neal Geach, Question & Answer Tort Law, Pearson Law of Tort, Module Handout. Cases Frances Quinn, Tort Law, Pearson, first edition, pp 34-35 Caparo v Dickman (1990) 2 A.C. 605 Page v Smith [1996] 1 A.C. 155 Bourhill v Young [1943] A.C. 92 Alcock v Chief Constable of South Yorkshire [1992] 1 A.C. 310 Hinz v Berry [1970] 1 All E.R. 1084 White v Chief Constable of South Yorkshire Police [1999] 2 A.C.455

History of English Literature, Essay

The ghost also speaks of the underworld, a Classical belief that brings out Humanist beliefs also. This instantly makes Hamlet doubt the ghost, which causes him to hesitate before seeking revenge for his father’s death until he has discovered the truth. Seeking the truth is one of Hamlet’s obstacles as many layers cover it. He desires to know which religious belief system is the true one and the best to die by. This reflects on Renaissance society and Europe as they too were torn between two or even three, philosophical positions. By using a variety of religious ethics Shakespeare has made both the audience and Hamlet question which system is the true one. Arnold Kettle, in his essay entitled, â€Å"Hamlet in a changing world† states that, † because of the death of Hamlet’s father and the hasty marriage of his mother and his uncle, Hamlet’s views of the world change. These views affect his ideas in every aspect possible and Hamlet has difficulty living with them†. Kettle believes that Hamlet was putting into practise new Renaissance humanism ideas. The theory of humanism rejects the abuse of tyranny, cruelty and murder; all three were present in England and the court of Denmark. Hamlet decides that he cannot accept this in Denmark because he sees this as rottenness and Claudius as the source of it. Wilson Knight, in his essay entitled, â€Å"The Embassy of Death† does not agree with Kettle as he states, â€Å"Hamlet is inhuman. He has seen through humanity. And this inhuman cynicism, however justifiable in this case, on the plane of casualty and individual responsibility, is a deadly and venomous thing†. I agree with Kettle as Hamlet seems to be trying to maintain his humanism and he does this by seeking the truth so he can get his revenge and still live by the laws of God. He searches for evidence to back his theory that Claudius is the source of rottenness so he is able to kill him and rid Denmark of all its rottenness. If, like Knight states, Hamlet were inhuman he would not hesitate in getting his revenge as much as he does and he would not question all the different religious belief systems. In The Short Oxford History of English Literature, Andrew Sanders states that, † Hamlet’s public problem is how to avenge a political murder in a culture where private vengeance is politically and morally unacceptable† (page 157). I disagree with Andrew Sanders as I have collected evidence that shows that in the Renaissance there were groups that strongly believed that humans were god-like, thus able to carry out revenge. I do not think it was totally morally unacceptable in this society to seek revenge and I believe the Shakespearean audience would have been aware of this. Shakespeare has provided the clues for Hamlet and the audience in the plays imagery. The play is fuelled by images of poison, rot and decay. This is enveloped in the theme of illusion verses reality. Things appear in the play to be true and honest but the reality is that they are infested with evil. Shakespeare has included a lot of imagery that is related to the bible, particularly Genesis. This creates a different theme in the play, one of inherited sin and corruption. Humans are fallen creatures, victims of the devils trickery, according to Genesis. Shakespeare has used this throughout the play, as there are many references to Adam, the Garden of Eden and original sin. â€Å"Tis given out that, sleeping in my orchard, A serpent stung me – so the whole ear of Denmark Is forged process of my death Rankly abus’d – but know, thou noble youth, The serpent that did sting thy father’s life Now wears his crown†. Act 1, scene 5, lines35-40. Here Shakespeare has used a metaphor to show that Claudius is perceived in this play as the devil, reflecting that Hamlet is not the only thing rotten in Denmark. Many of the characters hide behind masks of falseness and this makes it extremely difficult for Hamlet to uncover the truth that he desires in order to rid Denmark of Claudius and its rottenness. If Claudius is the devil, according to Humanist values, Hamlet could act god-like and do the state a favour and rid society of his infestation. If Hamlet followed his Christian ethics he would have to leave the justice to God and that would mean that society suffered. This would make the audience decide which belief system they would favour but would also bring in the question of what would happen to Hamlet when he died. Margreta de Grazia writes in her essay entitled, â€Å"Hamlet’s thoughts and antics† that † Hamlet fights against becoming rotten like Claudius, he struggles in a rotten world. He struggles to overcome his nausea by trying to unmask men, strip them of their fines appearances and show their true nature†. The one thing Hamlet does not want to do his lower himself to Claudius’ level and this is reflected in the play when he refuses to kill Claudius while he is praying. † Now might I do it pat, now a is a-praying. And now I’ll do ‘t. (Draws his sword) And so a goes to heaven; And so I reveng’d. that would be scann’d: A villain kills my father, and for that I, his sole son, do this same villain send To heaven†¦. † Act 3, scene 3 lines 73-79 I agree with Grazia as she backs what I have suggested above that Hamlet wants to be the executioner and not the assassin, as this would make him as low as Claudius. Hamlet is battling with all the ethics that his society has to discover whether or not he holds the power to deal out justice as God would. In conclusion I would have to say that Prince Hamlet is not the only thing rotten in Denmark. And as T. S Eliot puts it in the 1920 essay called ‘The Sacred Wood’, â€Å"If Hamlet is rotten, why would it be a tragedy? â€Å". The tragedy in this play is the fact that an intelligent, philosophical, sensitive character has been placed in a society that is rotten due to the King that governs it. My findings show that Claudius is the source of the rottenness in Denmark and Hamlet suffers against upholding traditional family values and his religious ethics. Hamlet has to put his ethics through every test imaginable, even at the risk of his own sanity. This does not make him rotten, this should make him commendable. Shakespeare has provided a character that wears his heart on his sleeve. We see every single one of his thought processes and watch in awe as he muddles through each dilemma. We watch as he loses his faith in mankind and achieve catharsis in the final scene when that faith seems to have been miraculously restored. This may be due to his coming to terms with his own fear of death or his realisation of mans role in the cosmos, we can’t be certain. But by having Hamlet regain some faith Shakespeare allows the audience and reader to regain their faith in mankind too. He is an example to us all. 3, 107 words (including extracts and quotes) 2, 264 words (excluding extracts and quotes) Shell Woodward. Bibliography Bate, J (1975) Shakespearean Constitutions, Politics, Theatre, Criticism 1730-1830 Clarendon Press, Oxford. Bevington, D (ed) (1968) Twentieth Century Interpretations of Hamlet, A Collection of Critical Essays Spectrum Books New Jersey. Brown Watson, C (1960) Shakespeare and the Renaissance Concept of Honor Princeton University Press New Jersey. Gurr, A (2001) The Shakespearean Stage 1574-1642 Cambridge University Press London. Jenkins, H (ed) (1993) Hamlet Arden Shakespeare Methuen & co ltd St Ives. Joughin, J, J (2000) Philosophical Shakespeares Routledge London. Jump, J (ed) (1985) Hamlet: A Selection of Critical Essays Macmillian London. Marsh, N (2003) Shakespeare, three problem plays. Palgrave New York. Sanders, A (2000) The Short Oxford Dictionary of English Literature Oxford University Press Oxford. Smith, D, N (1964) Shakespeare Criticism Oxford University Press London. Wells, R, H (2000) Shakespeare on Masculinity Cambridge University Press UK. URLS Eliot, T, S â€Å"The Scared Wood† essay www. bartleby. com/200/sw9. html Kettle, A – â€Å"Hamlet in a changing World† essay www. faculty. millikin. edu/~moconner. hum Knight, W â€Å"The Embassy of Death† essay www. mtsn. org. uk/staff/hamlet Rist, T Religion, Politics, Revenge: the dead in Renaissance drama www. shu. ac. uk/emls/09-1/ristdead. html.

Analysis Of Margaret Walker s Jubilee - 882 Words

Margaret Walker’s Jubilee was published in 1966. Walker dedicates the novel to her family. She explains that the dedication of the book to her children is so that they may know their heritage. She specifically dedicates the book to the â€Å"memory of her grandmothers†. She informs the reader that she is named after her paternal grandmother. She also informs the reader that the novel is the story of her maternal great grandmother, which was told to her by her maternal grandmother. The preface begins with the lyrics of the Negro spiritual Jubilee, for which the novel is named after. The time of Jubilee refers to the abolition of slavery. The table of contents informs the reader that the novel is separated into three parts, Part 1: Sis Hetta’s Child-The Ante-Bellum Years, Part 2: â€Å"Mine eyes have seen the Glory†-The Civil War Years, and Part 3: â€Å"Forty years in the wilderness†-Reconstruction and Reaction. The author is the brilliant intellect, Margaret Walker. Walker obtained her bachelors in English from Northwester University and her master’s and PhD in Creative Writing from the University of Iowa. While living in Chicago she worked with Federal Writer’s Project and was a member of the Southside Writers Group, along with Richard Wright. She eventually became a renowned professor in the department of English at Jackson State University and established several avenues for Black Studies on campus. The author uses the narratives told to her by her maternal grandmother to recreate a