Sunday, December 29, 2019
Changing Views of Plagiarism - 1270 Words
Changing Views of Plagiarism One author calls plagiarism the cardinal sin of journalism (Fox) implying that it is the worst possible thing that a reporter can do. This is what is taught in most journalism (Fox) and composition classes, but is that statement still true. More and more students and others are using words that they have mixed (Kulish) with their original musings into a finished original. The sin of plagiarism is getting an updated look now because it has become easier to accomplish in the digital age (Gabriel). The purpose of this paper is to examine what plagiarism has been, what it has morphed into, and to give a personal view on the topic. The Ghost of Plagiarism Past Someone could look at the above level two heading and say that it was obviously borrowed from a Dickens novella entitled A Christmas Carol. People know this because the story has been widely disseminated, and has become a part of popular culture. Phrases such as being a scrooge or the above mentioned heading are parts of everyday conversation for some. People borrow lines and words all the time from works such as Dickens, but they are not considered to be plagiarizing the line (especially if they give credit). So when does use of intellectual property become plagiarism? Plagiarism is taking the writings or literary ideas of another and selling and/or publishing them as ones own writing (Plagiarism). The main issue that seems to be a part of the definition is intent. OneShow MoreRelatedWhy Plagiarism Is Important For Academic Integrity?1731 Words à |à 7 PagesWhat is the Role of Plagiarism in regards to Academic Integrity? Plagiarism, ââ¬Å"the act of using another person s words or ideas without giving credit to that person: the act of plagiarizing somethingâ⬠(Merriam-Webster, 2017), is said to be reaching epidemic proportions (Park,2003). Throughout history, plagiarism has been an issue, however, the severity and the implications where not fully understood until the development of the printing press in the 17th century. Now in the age of information sharingRead MorePlagiarism and the Deterioration of Ethical Values Essay1007 Words à |à 5 PagesWhat comes to ones mind when we think about plagiarism, according to Webster-Merriamsââ¬â¢ dictionary plagiarism is ââ¬Å"the act stealing and passing off (the ideas and words of others) as ones ownâ⬠(Webster-Merriam). Webster seems to have left a little something out, plagiarism is not just the act of stealing ones work, it is also the result of ethical deterioration of academic integrity. In discussion of plagiarism, a controversial issue is whether plagiarism is taken serious enough and what the severityRead MoreThe Silent Harm of Plagiarism Essay1009 Words à |à 5 Pagesmind when we think about plagiarism, many people may think of theft or the act of stealing intellectual property. According to Webster-Merriamsââ¬â¢ dictionary, plagiarism is ââ¬Å"the act stealing and passing off (the ideas and words of others) as oneââ¬â¢s ownâ⬠(Webster-Merriam). Webster seems to have left a little something out. Plagiarism is not just the act of stealing oneââ¬â¢s work. It is also the result of ethical deterioration of academic integrity. In the discussion of plagiarism, a controversial issue isRead MorePlagiarism: Discussion Questions1079 Words à |à 4 PagesQuestion Define plagiarism in your own words. What do you think plagiarism means? Illustrate your discussion with hypothetical examples. Why is plagiarism a serious problem? What is your opinion of the impact of the Internet and all its resources on academic integrity? How can plagiarism be avoided? One definition of plagiarism is that it is theft of intellectual property. Do you agree with this assessment? Why or why not? What suggestions would you offer to eliminate both inadvertent and deliberateRead MoreThe Impact Of Internet On Education1517 Words à |à 7 Pagesmodern technologies that people just invented in recent decades. Since computers became more popular in the 1980s, the Internet was followed and was created in the 1990s. The invention of this technology affects everyone in many countries. It is changing how people live, how people entertain, how people communicate, and especially how people educate. In addition, in recent years, the Internet is improving very quickly, and the c olleges and universities are using it as a resource for teaching andRead MoreHow Plagiarism Affect Student s Life1270 Words à |à 6 PagesHow Many Different Ways of Plagiarism Will Affect Student s Life Generally, plagiarizing is explained as peering other authorââ¬â¢s opinions. It breaks the rules of conventions such as originated text and authorââ¬â¢s thoughts. Also, plagiarizing lessens the authorââ¬â¢s security to hold their property. So, plagiarized essay is not writerââ¬â¢s own possession (Nall, Gherwash, N.D). On the other hand, many students resort to misconduct. This can be resulted in punishments if they would not stop using doingRead MorePlagiarism Problems for Educators1365 Words à |à 6 Pagesit is come to plagiarism, university writing educators are pessimistic about successfully eradicating this problem. It is difficult for them to find ways of promoting academic integrity so as to prevent university students from committing this academic fraud. Moreover, most of them just end up employing punitive enforcement or merely punishing students who plagiarize. Scott Jaschik, an editor of Inside Higher Ed, addresses this issue in Winning Hearts and Minds in War on Plagiarism. This articleRead MoreApplying Ethical Theories : Interpreting And Responding Students Plagiarism By Neil Granitz And Dana Loewy Essay1042 Words à |à 5 Pagestheir article ââ¬Å"Applying Ethical Theories: Interpreting and Responding to Student Plagiarismâ⬠Neil Granitz and Dana Loewy correlate studentsââ¬â¢ reasoning when justifying plagiarism to different theories of ethics. There are two primary aims of this study: 1. to categorise students cheating based on the ethical reasons they invoke when defending their act, 2. to develop a specific response for each type of plagiarism in order to lead tutor approaches in dealing with this issue. Furthermore, the articleRead MoreA Brief Note On Plagiarism And Academic Theft1363 Words à |à 6 PagesCiting is mainly used to avoid plagiarism, but a writer should always cite sources in an essay and in presentations because they need to ââ¬Ëacknowledge the use of other peopleââ¬â¢s workââ¬â¢. (McMillan, 2010: 192) Citing a source is important as it helps a reader to ââ¬Ëunderstand how [an] argument was assembled and what influenced [the writers] thinkingââ¬â¢ (McMillan, 2010: 192) which helps a reader to form an opinion on the work. (McMillan, 2010: 192) Citing demonstrates the writerââ¬â¢s knowledge of relevant sourcesRead MoreAcademic Misconduct Essay1499 Words à |à 6 PagesSometimes during high school there are many things thatââ¬â¢s teenagers get involved in. One of those is time management. Plagiarism is one way us teenagers can get our homework done faster. Since the internet plagiarism has been increasing overtime. We really need to think about the consequences for that. According, to Griffith University (Australia) there are many different kinds of plagiarism. â⬠¢ Presenting a submitting another studentââ¬â¢s paper as oneââ¬â¢s own. â⬠¢ Paraphrasing an authorââ¬â¢s words without proper
Saturday, December 21, 2019
Theory of Self Kant vs Hume Essay - 1975 Words
The concept of the ââ¬Ëselfââ¬â¢ is regarded as an ââ¬Å"entity which persists through time and changeâ⬠(Grayling, pg. 540), in spite of other variations, albeit unnecessary ones, that occur in a person. Ones self is alleged to be the backbone of ââ¬Å"thinking, perceiving, memory, and the like ââ¬â the ultimate ââ¬Ëbearersââ¬â¢ of our psychological properties.â⬠(Grayling, pg. 540) The idea of ââ¬Ëselfââ¬â¢ is a topic of important philosophical debate, and one which Kant and Hume dexterously engage themselves in. This essay will begin by outlining Humeââ¬â¢s philosophical approach and his theory of self. Following that Kantââ¬â¢s theory of self will be looked at. Hume held the belief that all the contents of the human mind were derived through experience only. He divided theâ⬠¦show more contentâ⬠¦That is to say oneââ¬â¢s impressions are continuously fluctuating each moment of the day, from pleasure to pain, ââ¬Å"For my part, when I enter most intimately into what I call my self, I always stumble on some particular perception or other, of heat or cold, light or shade, love or hatred, pain or pleasure, color or sound.â⬠(Hume, pg. 145) Therefore, according to Hume, if the concept of ââ¬Ëselfââ¬â¢ is dependent on a constant, everlasting impression, but there is not a single impression that does persevere over the course of oneââ¬â¢s life, there can then be no true idea of self ââ¬Å"...I never catch my self, distinct from some such perception.â⬠(Hume, pg. 145) Fundamentally from this argument, what Hume is stating is that there is not a persevering single thing that one can feasibly claim to be a ââ¬Ëselfââ¬â¢. Hume argues that people are basically an assortment of various perceptions, with each moment bearing a new experience and sensation. Hume actually uses the analogy of the mind as a manner of theatre in which ââ¬Å"â⬠¦several perceptions successively make their appearance; pass, re-pass, glide away, and mingle in an infinite variety of postures and situations.â⬠(Hume, pg. 145) Essentially Hume believes that the ââ¬Ëselfââ¬â¢ only consists of this, one perception followed by another. Hume explains his theory of self, which is referred to as Bundle theory, by asserting that people are confusing the concepts of identityShow MoreRelatedMedia s Influence On The Perception Of Beauty1389 Words à |à 6 Pagesthings. One could easily relate this debate to nature vs. nurture. Is it biology or environment? Of course, it is both. Humans are not just made up of DNA. We are moral and cultural creatures. Discussing the primacy of such factors keeps the debate alive. In defining beauty, scholars have a divide between the objective and subjective. Is beauty attributed to individuals or is beauty simply an objective feature of existing beautiful things? Kant (1951) said that the nature of judgment and taste leadsRead MoreAnalysis Of David Hume s Theory Of Justice2868 Words à |à 12 Pagesunderstand and try to incorporate in our day to day activities. Yet when we look at the application of ethics, we see that it is the interpretation that causes so many problems. Let us look at a seemingly simple concept: Property ownership. David Hume defined property as nothing but a stable possession under the mutually respected understanding of society. Basically, Man creates society to enforce justice which allows man to own and use property as he desires. A grand idea but is it so simple? IfRead MoreThe Republicn and a Brief History of Philosphy1763 Words à |à 7 Pagesreasons, we may call the rational principle of the soul, the otherâ⬠¦ may be termed the irrational or appetitiveâ⬠and then there is the spirit (Plato 130). Kant proposes that justice ââ¬Å"says that only good people should be happy, and happy in proportion to their goodnessâ⬠(Gustafson 67). Plato and Socrates saw justice as giving what is owed, while Kant saw justice as being happy in proportion to their virtue. Yet each strived for justice and look to eliminate the injustices in the world. These themesRead More Emotional intelligence: The rapprochement of reason and emotion5515 Words à |à 23 Pagesindividuals about their environment, which informs and shapes their thoughts, actions, and subsequent feelings, and there is a growing view that emotion information can be used more or less intelligently. A notion central to emotional intelligence theory is that individuals differ in their ability to perceive, understand and use emotional information, and this ability significantly contributes to intellectual and emotional well-being and growth. Emotional intelligence as a concept has prosperedRead MoreNatural Law Theory Essay6453 Words à |à 26 PagesAccording to Jenkins, ââ¬Å"The natural law theory begins with theories about the nature and purpose of the world and moves on to ask about the purpose of every action or object. The right thing to do is that which fulfils the natural purpose.â⬠Natural law was developed by Thomas Aquinas, in which he believed that there is such a thing as natural moral law. Natural law ethics depends on the belief that the world was designed by a creator, God. It teaches everything God made has a purpose, including everyRead MoreEmotional Intelligence: the Rapprochement of Reason and Emotion5749 Words à |à 23 Pagesindividuals about their environment, which informs and shapes their thoughts, actions, and subsequent feelings, and there is a growing view that emotion information can be used more or less intelligently. A notion central to emotional intelligence theory is that individu als differ in their ability to perceive, understand and use emotional information, and this ability significantly contributes to intellectual and emotional well-being and growth. Emotional intelligence as a concept has prosperedRead MoreThe Eighteenth Century : Age Of Enlightenment2647 Words à |à 11 PagesPopular Religion in the 18 Century Catholic Piety: Protestant revivalism: Pietism Wesley and Methodism: â⬠¢ Held gatherings to discuss ideas of philosophy -French woman, distinguished in France and Europe â⬠¢ 1784: Immanuel Kant: manââ¬â¢s leaving his self-caused immaturity and inability to use intelligence without guidance â⬠¢ Scientific Revolution: reason, natural law, hope, progress â⬠¢ Ideas spread to educated Europeans by popularizers â⬠¢ Bernard de Fontenelle (1657-1757) -linked: ScientificRead MoreThe Philosophy of Happiness11705 Words à |à 47 Pageswhat that indicates is that you believe (wrongly) that happiness is to be found in riches. Happiness, he insists, is always sought for its own sake and never for the sake of anything else. The second built-in feature of happiness is that is must be self-sufficient: that is, it must be some good, or set of goods, that in itself makes life worth living. Oneââ¬â¢s life cannot be truly happy if there is something missing that is an essential ingredient of a worthwhile existence. Moreover, a happy life shouldRead MoreSources of Ethics20199 Words à |à 81 Pagesand ethics: 52 2.3- PHILOSOPHICAL: 55 2.31- Contribution Of In Ethics By The Source Of Philosophical Systems: 55 2.32- Contribution of Aristotle: 57 2.33- Contributions By Other Important Philosophers: 58 2.34- Rights Theory: 64 2.35- Contribution By KANT: 65 2.36- Contribution By ROSS: 66 2.4- CULTURAL: 68 2.5- LEGAL SYSTEM: 71 2.6- CODES OF ETHICS: 74 2.61- Company Codes: 74 Code of ethics (corporate or business ethics) 74 code of ethics(business of ethics) 75 Read MoreCleanth Brookss Essay Irony as a Principle of Structure9125 Words à |à 37 Pagescultural and critical theory library Open source archive of ebooks, texts, videos, documentary films and podcasts Pages * Home * List of major critical theorists * What is Critical theory ? * What is Frankfurt School ? * Support Critical Theory Library * Contact This Blog This Blogà à à | à | ------------------------------------------------- Top of Form Bottom of Form à Home à » texts à » History amp; Class Consciousness: Preface by Georg Lukà ¡cs (1923) Thursday, February 3, 2011
Thursday, December 12, 2019
Common Medicine
Question: Discuss about the term for Common Medicine. Answer: Particular recommendation made by UNODC is entirely for personal use and it is essential for the distributors and users to consider the law differently under the law and dose age. As per the guidelines, some of the recreational drugs are not allowed to Cannabis and a minute amount of this particular drug can be avail from the distributors (Zhang, Fall Inomata, 2010). Those drugs only can be given with the help of appropriate prescription and if any distributor found to be given to the patient without any prescription this can be regarded as the criminal offense and as per the standard acts and regulations appropriate decriminalization will be provide to the users and the distributor (Second Regional Seminar on Good Governance for Southeast Asian Countries, 2008). I expect the number of recreational users will increase because the individuals are having quality life, everyone wants to enjoy life as the reliable income, and employment is available. Especially the young generation those who were just entered into a profession and willing to send more amount of money where they can get more fun (Parrott, 2015). Adequate amount of financial supports is available and they want day dreaming which is only avail with the help of drugs, alcohol, and tobacco. Thus, it is clear that the chances of recreational users will increase with the time. There are several effects would decriminalization have on criminal justice system such as prison populations enlargement, rapid intoxication in public and harming public safety. With the increase of decriminalization the number of victims will be increased which will results in increasing population in prison (Pacula, Chriqui King, 2003). However, increasing number of prison populations can results in disturbance of internal environment and which can results in violations of internal code of conduct. On the other hand, the intoxication rate may increase which can provide critical impact to the individuals and rate of addiction among the drug users will also may enhanced. In the mean, time the public safety will be the most prominent issues and with can be violated by the drugs addicts and the community environment may diminish. Decriminalization will have serious impact on healthcare system as the insurance rates may increase as the number of drug addicts is increasing and, therefore, to maintain the existence and expenses of the medical expenditure the insurance companies will increase their basic policy rate (Antony Rose, 1982). If the rate of patients is increase then the rate of intoxication among individuals will increase which will hamper the health care system. Most importantly, the health care setting is developed in a particular place for providing reliable knowledge of how the individuals should maintain their health and well-being and the health community to provide the best possible solution to the health care providers conducts sometimes-reliable health awareness campaign. Due to increase in patients, the availability of the medicaments may become major problems for the health professionals and wrong treatment due to the hypertensive condition may results in significant lives loss (Parrott, 20 15). Besides this, health care cost will be increased as the number of beds within the hospital and nursing homes will be less available if any situation comes like rapid drug use by the individuals and decriminalization of the same then the above impact may occur significantly. References Antony, C., Rose, L. (1982). Decriminalization. [Washington, D.C.?]: U.S. Dept. of Justice, National Institute of Justice. Pacula, R., Chriqui, J., King, J. (2003). Marijuana decriminalization. Cambridge, MA: National Bureau of Economic Research. Parrott, A. (2015). Why all stimulant drugs are damaging to recreational users: an empirical overview and psychobiological explanation. Human Psychopharmacology: Clinical And Experimental, 30(4), 213-224. https://dx.doi.org/10.1002/hup.2468 Second Regional Seminar on Good Governance for Southeast Asian Countries. (2008). Tokyo, Japan. Zhang, Y., Fall, P., Inomata, T. (2010). Review of management and administration in the United Nations Office on Drugs and Crime (UNODC). Geneva: United Nations.
Thursday, December 5, 2019
Applying Perspectives To Complex Dilemmas -Myassignmenthelp.Com
Question: Discuss About The Applying Perspectives To Complex Dilemmas? Answer: Introducation An ordinary person has certain reciprocal duties that he has to perform. When he fails to perform the same, he is stated to do negligent act. In Australia, negligence is a part of the Tort Law (Martin 2016). One of the most marketing cases on the negligence is Donoghue v Stevenson where the essential elements of negligence have been described. It has been stated by the court that the acts of the person must meet all the requirements stated under: The defendant has certain duties to the victim; The defendant has failed to perform his duties like a prudent man should do; The negligent act has caused a damage to the victim; The damage is not foreseeable in nature. Duty of care: An act will be termed as negligence on the fulfilment of above noted facts. Duty to take care denotes legal duty. In the case of Donoghue v Stevenson, it has been observed that the manufacturer had failed to perform his duty to serve good quality of product and the consumer get sick due to such carelessness. This caused great physical and mental damage to the consumer. The court observed that the manufacturer is legally bound to provide good products and owe a duty to the consumer. In case of Grant v Australian Knitting Mills Ltd (1935) AC 85, the plaintiff had developed certain skin disease after buying the product of the defendant. It was examined and found that the cloths are contained of excessive sulphates. The court was pleased to pass its judgment against defendant as he failed to take reasonable care for the products and that caused serious damage to the plaintiff. Breach of duty: The second important element of negligent act is the breach of duty made by the defendant during their ordinary course of business. In McHale v Watson (1966) 115 CLR 199, two children were playing and by the careless act of the defendant, plaintiff had lost his eye. It was held that though both the plaintiff and defendant were minor and defendant had not intentionally did the wrong act, he should be cautious in his part and he had failed to act like a prudent person and therefore, the plaintiff can claim for damage from him. However, the next important thing in case of negligent Act is the seriousness of the consequence (Cavico et al. 2016). If the negligent act of the defendant has caused a great dilemma to the plaintiff, the defendant will be liable to pay compensation to the plaintiff. Such damage should be cropped up by the breach made by the defendant. In Rogers v Whitaker [1992] HCA 58, the plaintiff was treated by the defendant and by the negligent act of the defendant, plaint iff had lost his eye. It has been found by the court that defendant was failed to perform his legal duties and such failure caused irreparable damage to the plaintiff. Similar situation arose in the case of Woods v Multi-Sport Holdings (2002) 208 CLR 460. In that case, the defendant had failed to warn the plaintiff regarding the eye injury and also failed to provide necessary instruments so that the chances of accident can be avoided. It has been observed that the defendant could not able to provide helmet to the plaintiff and consequently, the plaintiff had sustained certain eye injury. Therefore, the acts of the defendant have been considered as negligent act. In Waverley Council v Ferreira [2005] NSWCA 418, a child was died due to fall from roof and his family had filed a case against the building council. It has been held that the building authority had failed to take proper care to the building that resulted into the death of the child. The act of the council was treated as the negligent act by the court. Proximate relation: It has been stated under the law that no one is allowed to do any act by which another get injured unreasonably. If the duty to take care is being violated, the wrongdoer will be held liable under the act of negligence. business-law, in Bourhill v Young 1943 AC 92, it has been observed that if the duty to the plaintiff could not be proved, the defendant is not under compulsion to pay compensation to the plaintiff. Therefore, it is important to determine the relationship between the plaintiff and the defendant. In case of Anns v Merton London Borough Council, the Court held that there must be a proximate relationship within the defendant and the plaintiff. The principle of proximity has also been established in the case of the Sutherland Shire Council v Heyman (1985) HC. Proximity denotes the nearness or closeness. Employee and employer relationship, manufacturer and consumer relationship, driver and customer relationship can be treated as proximate relationship (Goldberg, Sebok and Z ipursky 2016). In all these cases, the related persons owe certain reciprocal duties to others. Foreseeable nature of the damage is an essential element of the proximate relationship (Cusimano and Roberts 2016). If the damage is not foreseeable, the defendant will not be held liable for damage. In Bourhill v Young 1943 AC 92, there was no proximate relationship in between the plaintiff and the defendant and the damage caused by the defendant was not foreseeable in nature. Therefore, the court held that the defendant is not liable to pay any compensation to the plaintiff. Damage: In case of a claim under negligence, the victim must have to prove that the negligent act of the defendant has caused serious injury to him. The injury could either be physical or mental or property related. In Chappel v Hart [1998] 1 HCA 55, a surgeon had failed to comply with all the necessary duties and that cause serious damage to the plaintiff. Further, in the case of Donoghue, it has been observed that the negligent act of the manufacturer had caused serious physical and mental damage to the plaintiff. However, it should be borne in mind that the damage must be foreseeable in nature. It has been held in Overseas Tank ship (UK) Ltd V Morts Dock Engineering Co (The Wagon Mound) [1961] AC 388 that if the damage is not foreseeable, the defendant will not hold responsible for anything. Defence: On the other hand, Alice may approach certain defence before the court. She can raise the provision of contributory negligence and voluntary assumption of risk. Where in a case, the plaintiff is also liable for his injury; the defendant can defend him under this provision. In this case, the defendant is not bound to pay all compensation to the plaintiff. For an instance, if a drunken man hire a taxi and aboard in it after knowing that the driver of the car is also drunken and if the car meet with an accident, the plaintiff could not ask for the entire compensation as he is partly liable for the injury and he had a knowledge about the drunkenness of the driver. The provision of contributory negligence has been mentioned under section 23 and section 24 of the Civil Liability Act 2003 (QLD). According to section 23 of the Act, besides analysing the breach of duty made by the defendant, it is also necessary to point out whether plaintiff had done his portion of duties successfully or not (Cusimano and Roberts 2016). Like the defendant, plaintiff has also certain reciprocal duties to the defendant. Defendant should take all the precautions to avoid the accident. If he fails to do the same, he will be held liable for the damage partly and his acts will be treated as contributory negligence. Butterfield v Forrester is the case where the principle of contributory negligence has been established. In this case, a person was collided with a pole and sustained injury. In the trial, it has been held that the speed limit of his car was high and he had not seen the pole and sustained injury. Therefore, he had failed to comply with his portion of duties. In the case of March v Stramare Pty Ltd (1991) 171 CLR 506, it has been observed that defendant had parked his car in the middle road and plaintiff was collided with the car. However, it has later been known that plaintiff was drunk and exceeds the speed limit of his car. Therefore, he had lost his control and rammed the car o f the defendant and sustained injury. Therefore, plaintiff is also partly responsible for his injury and could not claim entire damage from the defendant. On the other hand, Alice can defend her under the provision of the voluntary assumption of risk. It has been observed that if the plaintiff knew that certain accident may cause to him, and he choose to continue with the act irrespective of these causes and sustained injury, plaintiff could not ask for entire damage. For instance, a person is watching motor cycle race knowing the fact that accident may cause and he can be injured by the same and still choose to watch the race. If he sustained any injury due to this, his acts will be come under the purview of voluntary action of risk. Application: In this case, it has been observed that Alice had started a business where she had provided poor service to the customers. The boat she used for the is of cheap quality and allowed the boat to sail in the sea when it was overcrowded. The floor of the boat was slippery and Marcos, a customer of Alice, was fallen down due to this. He had sustained certain injury due to this. Additionally, when Marcos had sustained injury, instead of taking him to the hospital, Alice had continued the sailing and the condition of Marcos had deteriorated. In this case, it is clear that the acts of Alice were not prudent and she had failed to perform the legal duty of an entrepreneur. Alice should have to take all the proper care to her customers and must make sure that all the requirements of the business have properly been checked. However, she had failed to meet all the important criteria of her business and failed to act like a prudent man. It has been observed that the boat she occupied has a total s eat of 20 people, but she allowed more that 20 person in the boat. She had failed to cover the entire floor of the boat with mat and applied paint on the rest of the floor and the floor became slippery due to this. When Marcos was failed to wear proper shoes for the ride, she should have to stop him as per the business requirement. However, she had not taken any such steps for her business and Marcos had to suffer loss for that. According to Donoghues case, the act of Alice had met all the essentials of negligence and according to Rogers case; the consequence of the breach of duty has created a serious impact on Marcos. According to Oveido, failure to perform proper duty is termed as negligent act (Oviedo 2016). However, Alice can defend her case under the parlance of contributory negligence and voluntary assumption of risk. The website, from where Marcos booked his ticket, certain facts was mentioned such as wearing close shoes. However, he had failed to wear the same and wishes to continue his journey. The accident can be avoided if Marcos had complied with all the requirements. Therefore, he can be held liable under the contributory negligence. Concurrently, after came into the knowledge that close shoes are important for the ride, he had not taken any steps and went to the ride without wearing the proper shoes. This act can be treated as voluntary assumption of risk. Therefore, Alice can defend her case on the basis of this. Conclusion: Therefore, it is advised to Marcos that he can claim damage from Alice under the provision of negligence. Certain ethical dilemmas can be observed in the acts of Alice. The nature of her act has attracted the provisions of the rights approach. The main reason of choosing the ethical approach is that the act of the human being reflects the nature and character of the person (Ferrell and Fraedrich 2015). A person should have to choose the right thing that is ethical in nature. Ethical action protects the moral rights of an individual and therefore, it is important to take decisions carefully so that it may not harm the rights and dignity of others (University, 2018). According to this approach, the acts of the human being proved the level rationality within him and consider the moral duty of that human (Shapiro and Stefkovich 2016). It has been learnt from the given case that Alice had failed to take right decision. She had not chosen the right path and due to her irresponsibility, damage had sustained by Marcos. Alice had failed to take rational decision. There are certain factors and tensions present in this case and that should be taken into consideration by any reasonable and prudent person (Hunink et al. 2014). It is the ultimate duty of the individual to take moral decision at every stage of his life. Ethical decision making process needs trained sensitivity and one must handle the ethical situations practically (Iphofen 2016). It is required to apply proper methods to take ethical decisions. The factors needed to be balanced are: Whether the decision has caused any damage to others or not. Whether the decision is the most appropriate option or not. Whether the nature of the decision is efficient or not. Whether there is any alternative options or not. Whether the decision has treated all the people equally or not. Whether the impacts of the decision affects the whole community or not. The decision of Alice had attracted the right approach. It is clear from the case that Alice needed to take prudent decision while dealing with the customers and should have to show certain duty of care to the customers as well. However, she had failed to do any of her duty and failed to take proper decision at the time when Marcos got injured. At that time, she had to take Marcos to the hospital. However, instead doing the same, she chooses to continue sailing in the sea. Such decision has attracted the provision of the rights approach and it has been observed that Alice had failed to show rationality and Marcos had to develop injury or that. A prudent person should not make such decision like Alice. First of all, it was not right to allow Marcos when he had not complied with the rules mentioned in the website. Further, when Marcos got injured, Alice should have to stop finding whales and rushed him to the hospital for the sake of ethics and morality. She should not allow excessive persons to the boat. Above all, she should make a proper plan for her business, Reference: Abraham, K., 2017.The forms and functions of tort law. West Academic. Barry, C., 2017. Statutory modifications of contributory negligence at Business law.Precedent (Sydney, NSW), (140), p.12. Cavico, F.J., Mujtaba, B.G., Samuel, M. and Muffler, S., 2016. The Tort of Negligence in Employment Hiring, Supervision, and Retention.American Journal of Business and Society,1(4), pp.205-222. Cusimano, G.S. and Roberts, M.L., 2016. Contributory Negligence and Assumption of Risk.Alabama management 1. Cusimano, G.S. and Roberts, M.L., 2016. Intentional Interference with Business or Contractual Relations and Other Business Torts.Alabama Tort Law,1. (pr) DeMott, D., 2016. Culpable Participation in Fiduciary Breach. Epstein, R.A. and Sharkey, C.M., 2016.Cases and materials on torts. Wolters Kluwer Law Business. Ferrell, O.C. and Fraedrich, J., 2015.Business ethics: Ethical decision making cases. Nelson Education. Goldberg, J.C., Sebok, A.J. and Zipursky, B.C., 2016.Tort Law: Responsibilities and Redress. Wolters Kluwer law business. Hill, L.L., 2016. The Litigation Privilege: Its Place in Contemporary Jurisprudence.Hofstra L. Rev.,45, p.143. Hunink, M.M., Weinstein, M.C., Wittenberg, E., Drummond, M.F., Pliskin, J.S., Wong, J.B. and Glasziou, P.P., 2014.Decision making in health and medicine: integrating evidence and values. Cambridge University Press. Iphofen, R., 2016.Ethical decision making in social research: A practical guide. Springer. Martin, K., 2016. Topical matters pertaining to the tort of negligence-the attribution of blame.Brief,43(7), p.38. Oviedo, A.D., 2016. Use of Jurisprudence to Teach Professional Negligence.Journal of Nursing Education,55(12), pp.720-720. Phillips, A., 2017. Essentials of Negligence (Law of Torts) With Respect To India.Imperial Journal of Interdisciplinary Research,3(10). Shapiro, J.P. and Stefkovich, J.A., 2016.Ethical leadership and decision making in education: Applying theoretical perspectives to complex dilemmas. Routledge. Sugarman, S.D., 2015. Misusing the'No Duty'Doctrine in Tort Decisions: Following the Restatement (Third) of Torts Would Yield Better Decisions.Alta. L. Rev.,53, p.913. University, S. (2018).A Framework for Ethical Decision Making. [online] Scu.edu. Available at: https://www.scu.edu/ethics/ethics-resources/ethical-decision-making/a-framework-for-ethical-decision-making/ [Accessed 22 Jan. 2018]. Walden, P.A., Zeybek, B. and Phelps, J.Y., 2018. Understanding the Legal Essentials of a Bowel Injury Lawsuit in Minimally Invasive Gynecologic Surgery.Journal of minimally invasive gynecology,25(1), pp.30-37.
Subscribe to:
Posts (Atom)