Environmental health Essay

Environmental health is the study of how the world around us affects our health. This can be from air pollution to global warming and everything in between. The goal is to determine how the world impacts overall human health. And, the initial information is not good. In 2005, the World Helath Organization reported that each year 3 million children under the age of five die from environmental related causes (â€Å"How Healthy is Your World? † 2005). In essence all of human health, except genetics and maybe that too, is affected by the environment. It affects the food we eat, the water we drink and the air we breathe, but too many people take it for granted, not realizing there are things that can be done to improve the environment and its impact on humanity. One of the first and most important things to improve about your personal environment is the quality of the air that you breathe. First and foremost, it is important to avoid tobacco smoke. This is one of the foremost indoor air pollutants and is easily avoidable Other toxins can build up in a well-sealed indoor environment and should be guarded against. They include chemical vapors from cleaning products, carpeting and other petro-chemical products used indoors (Landgren 2005). The problem is that in many indoor environments there is no filtration system so these pollutants build up and make people ill. Recently, scientists have found that indoor air pollution is worse than outdoor air pollution. Another important factor in environmental health is outdoor air pollution. Though some cities worldwide are particularly known for their pollution that does not mean it is not a problem elsewhere as well. In Hong Kong, for example, recent research shows that the poorest part of the city have the worst air pollution (Stern 2003). In the wake of the September 11, 2001, attack on New York City air quality tests showed heavy particulates and cancer-causing materials present in much of the air (â€Å"Potential exposure† 2003). In addition, hefty amounts of green-houses gases in the city, presumably related to the use of fossil fuels for transportation have led to increasing rates of asthma and other breathing related illnesses (Misner 2003). To combat these environmental issues, we must find ways to cut our use of individual vehicles, car pooling more, using mass transit and using other means of transportation including walking and riding bicycles. Another major issue we must address to improve the impact the environment has on our health is the availability of clean drinking water. In parts of India where sanitation is inadequate, the water is polluted and contributes to the spread of disease. In other areas, such as part of the American southwest, population centers have developed in areas with inadequate water to support the population. We must begin serious water conservation efforts and find new ways to process waste so that it does not contaminate the water supply. Another important issue to address is the use of products determined to be toxins. Though efforts have been made to stop using lead-based paint, lead levels in some areas are still too high, causing lead poisoning. In addition, a recent study shows that in areas with high lead levels, there is a corresponding rise in crime (Stretesky 2004). It is important that we enact stricter regulations to remove these known carcinogens from our environment. Lead has been removed from gas and paint but is still being used in other products and is escaping to the air we breathe. Finally, if we want to serious impact the environment around us and the impact it has on our personal health, it is important that we recycle and buy recycled products. Too many things are going to the landfill, using up previous land to fill it with trash and allowing run off from the decaying trash to endanger our water supply and food sources. We must seriously reduce our need to buy and throw things if we want to keep the land healthy and by extension keep ourselves healthy.

Cause and effect of smoking during pregnancy Essay

Cause and effect of smoking during pregnancy - Essay Example Research studies carried out recently show that the child of a smoking mother is almost doubly at risk in contacting very serious respiratory tract diseases in its early stages of life and usually leads to hospitalization. Another major cause for this is that many societies are well known for their high rate of smoking and even since the 1800’s, people are quite aware of the fatal effects it has on health. But in the 19th century, the correlation between maternal smoking and the rate of LRI (Lower Respiratory Infection) was determined. A clinical research was carried out to determine the effect or impact that parental smoking had on children who were constantly exposed to it, and the Odds Ratio was calculated, based on the LRI, for hospitalization. The risk calculated was age related and the OR’s of prevalence of serious LRI were 1.71 (95% CI, 1.33-2.20) and 1.25 (95% CI, 0.88- 1.78) for children aged 0.2 years and 3 to 6 years respectively. (Li JS, Peat JK, Xuan W, Berry G, 1999) Other studies have shown a link between maternal smoking and a high incidence of respiratory problems including impaired lung infections. Some studies have shown harmful effects of placenta - borne exposure at the time of pregnancy including breast milk, as well as air- borne exposure right after delivery. More recent evidence, of the effect of smoking mothers on their off spring, shows that immunity plays a major role in determining this, proving to be an important mechanism. Another cause for children inflicted with wheezing and other respiratory problems was due to dust mites found in the homes of smoking mothers. According to a study undertaken by Noakes, he suggests that â€Å"Maternal smoking is associated with impaired neo-natal toll- like- receptor mediated immune responses†. (P.S Noakes, Eur. Respir. Journal, 2006) Another major factor that contributed to an adverse effect on pregnant smoking mothers was the lack of social support render during

A change in the way you deal with other people Essay - 4

A change in the way you deal with other people - Essay Example I had been dating my partner for over 4 years and we had a strong relationship from my perspective. I trusted them with all my heart and never had any doubts about them. We have a long distance relationship because my partner studies and lives in another city. We also have a significant age difference as we are 7 years apart. However, our relationship was never affected by this and it was based on pure love and emotions. We never agreed to let society have an influence on our views towards each other. However, I could feel the distance between us and we only got to see each other for 4mths in a year. The last time my partner arrived, I saw and felt something different. They did not possess the same passion in their eyes as they always did the previous times. They were distant and more caught up in their â€Å"work† or â€Å"studies†. I felt something was wrong from the very beginning and on the 4th day I confirmed what I had been thinking all these days. While my partner was sleeping I took their phone and found some messages with another person. There was nothing intimate just some meeting proposals and some good night messages. However, I did not expect this and I felt so betrayed that they would keep this from me. I couldn’t imagine that someone I trust could so deceitful especially considering the fact that my life revolves around this person and every time I am waiting for their return. From this point onwards I lost ball my trust in people. I know people are different and one should never judge others based on someone’s mistakes. However, this has made me more cautious. In the past I was a very trusting person and it was easy for me to commit to people. I was what people would call an open book. However, this has all changed and I am now reserved. I do not think I will be fully able to open to people again. I now have the notion that the more people you trust or the more you trust someone, the higher the likeliho od that they will disappoint you. Life is

Comparative Essay about two short story Example | Topics and Well Written Essays - 750 words

Comparative about two short story - Essay Example The first story, Prisoner on the hell plant, is based on the character Artie who has a lot to suffer in his life. Artie is a loner in this cruel and harsh world, a person who just lost his mother and considers himself to be a reason for the loss. He has a history of mental illness and when he came out of the asylum, Artie had a clear view of life in his mind. He wanted his life to improve and to be successful. Artie had been trying to improve his living standards, to get a good job and to worsk and support his mother. But, one day he receives the news of his mother committing suicide and the life he had been dreaming of shattered and the sky fell upon him as he realized what he had lost. Since the receiving of this new, Artie had been trying to figure out a way to find why his mother committed suicide. He had been making out reasons to make himself feel a little less guilty but, all he was left behind was the guilt that he made his mother commit suicide. Even though he was not, people around him were telling him that and consoling him. They were there for him and telling him that he was not at all guilty but Artie felt like he was going insane again and now that he has lost his only hope in the world, there is no chance for him to be a successful man he had dreamt of. Similar scenario is face by Marjane in ‘The Veil’. Marjane is a young girl with big dreams. Dreams of a world where all would be equal and no person would see the other with a sense of superiority. Marjane studies in the school at a time when revolutionists had called for different schools for the two sexes and wearing the veil was made necessary for the girls in school. This new law was not accepted by many and protests were going around in the country by groups both favoring and against this. Her class fellows did not like wearing the veil that much and most of them would remove it whenever they get a

Filmmaking Essay Example | Topics and Well Written Essays - 500 words - 2

Filmmaking - Essay Example So one of the most important things to be considered while filmmaking is the ethical dimensions to the subject, to the story, to the articulation of different scenes, to the moral justification of the utilization of media for creating awareness or creating a means of violence in the minds of audience (Maccarone p.200). In most cases, the ethical considerations are mostly ignored by the filmmaker and only the major attention is given towards utilizing it for earning huge sums of money. Ethics are a continuous issue that is required to be carefully considered while filmmaking. This hard decision-making is extremely dominant in documentaries development, due to the difficulties linked in shooting â€Å"social actors or ‘real people’ (Nichols p.2). More significantly, the ethical matters confronted by a filmmaker dissent amongst each of the modes of documentary. Each peculiar documentary mode impersonates different conventional choices that must be attained in order to function in an ethical style. Two such documentary films made in order to expose the way ethics should be considered when commencing a documentary are ‘Capturing the Friedmans’ in 2003 and ‘Etre at Avoir’ in 2001. These films had been created in distinct documentary modes, spotlighting that none o f the modes facilitates the ethical decisions linked with it. Moreover, the fact that needs to be considered is the way the choices of styles in each mode may impact the power relationships amongst the filmmaker, subject of the film and its audience, (Nichols p.10). The significance of ethics while filmmaking, is ignored as they appear in the filmmaking world to lead the behavior due to lack of such rules and guidelines (Nichols p.20). It has been argued by Bill Nichols that the important question to think is the way the people are treated around which the whole documentary is based. As mentioned afore, despite of the type of film making, the filmmakers should be

The Death of Marilyn Munroe Research Paper Example | Topics and Well Written Essays - 1000 words

The Death of Marilyn Munroe - Research Paper Example The police officer drove to her home and confirmed that she was indeed dead. However, there were many questions about Marilyn’s death, which needed answers, moreover, till to date there are questions that beg to be answered. Different explanations and theories that have been forwarded to explain her death especially accidental, suicide or murder, which can be explored to determine which is the most credible and why despite the fact that an official report on her death was issued (Possible suicide) the story is still subject to a myriad of speculations. Despite the plethora of theories, the official explanation is still the most logical, and despite the many loose ends and mysterious circumstances surrounding it, it best explains the available facts. However, one must take cognizance of the fact that, like the others, it was not a watertight explanation. The most sensational and explored theory was that she was murdered. This is highly characteristic in celebrity deaths, and of ten a cottage industry of conspiracy theories spouts in the wake of one. The reason the murder conspiracy theory generated so much interest was the implicating the two most powerful men in America, President J.F Kennedy and his brother Robert Kennedy. It is alleged from several unverifiable sources that Monroe was having an affair with the president whose amorous nature was â€Å"a well-known secret†. However, due to her irrational behavior and that fact that she had become somewhat obsessed with the idea of becoming first lady, Kennedy decided to cut her loose. Several witnesses, one of them a police officer alleged to have seen Robert near the scene on the death. Is it possible that one or both of them could have been complicit in the death of the actress? It was claimed that security agents might have killed her in order to cover up for the brothers indiscretions, since they are said to have discussed national security issues with her. That question may appear easy to a co nspiracy theorist trying to make the most sensational story, but the lack of evidence and the moral standing of the attorney general make it a decidedly unlikely story. However, there is evidence of a cover up in that there was a lot of missing evidence or evidence that seemed to have been tampered with. The autopsy results also left many questions since and many factors did not add up. Telephone records of the night were confiscated, and despite the official assumption that she swallowed the pills, there was no evidence of water or a glass in her room. There were also allegations that the body had been posed to appear like suicide, however, tampering with evidence is an entirely different thing from murder so one cannot presume that she was killed. The theory of accidental death is more credible than the murder, possibly owing to the fact that there was empirical evidence supporting it. However, due to its non-sensational nature, it has not been as explored as the former. On the pr emises that the death was accidental, there two distinct possibilities, one is that she overdosed herself by accident, or she was taking wrongly prescribed medication. Drs. Greenson and Hymans had been working together to wean her of Nembutal the drug which she is believed to have been one of those responsible for the death. Another consideration was that the doctor, who gave Monroe a heavy dose of Chlorate on the eve of her death, might not have done so if he knew she

ASPECT OF CONMTRACT Essay Example for Free

ASPECT OF CONMTRACT Essay Understanding the essential elements of a valid contract in a business context P1.1. Explain the importance of the essential elements required for the formation of a valid contract There are several important elements in order to form a valid contract. 1. Offer and Acceptance.- In order to create a valid contract , there must be a lawfull offer by one party and lawfull acceptance of the same by the other party 2. Intention to Create Legal Relationship- In case,there is not such intetion on the part of partyes, there is not contract. Agreements of social and domestic nature do not contemplate legal relations .Case ; Balfour vs Balfour (1919) 3. Lowfull Consideration. Consideration has been defined in various ways Acourding to Blackstone Consideration is recompense given by the party contracting to another in other words of Pollock Consideration is the price for wich the promise of the another is brought †¦.consideration is known as quid pro-quo or something in return 4. Capacity of Parties ;The parties to an agreement must be competent to contract. If either of the parties does not have the capacity to contract , the contract is not valid Accourding the following persons are incopetent to contract ; a -miners, b-persons of unsound mind c-person disqualifield by low to wich they ar subject 5. Lawfull Object.; The object of an agreement must be valid . Object has nothing to do with consideration it means to purpoase or design of the contract. This when one hires a house for use of a gambling house , the object of the contract is to run a gambling house 6. Legal formailities ; An oral Contract is a perfectly valid contract espect in those cases where writing registration etc,is required by some statute, in India writing is required in cases of sale, mortgage lease and gift on immovable propriety, negociable instrument etc 7. Certainity of Meaning; Acourding to Section 29; Agreement the meaning of wich is not Certain or capable of being made certain are avoid 8. Posibility of Performance; If the act is imposible in itselfe physically or legally if cannot be enforced at law. For example Mr A agrees with B to discover treasure by magic. SUCH agreements is not enforceable P1.2. Discuss the impact of different types of contract A contract is an agreement between two parties that must include an offer , an acceptance and a consideration .There are a variety of different types of contracts used for different purposes, in addition, certain types of contracts may be more popular in one jurisdiction than in another Bilateral and unilateral implied, viodable,executory and oral contractat are among the common types of contracts used throughout the world Bilateral contracts make up the majority of the contracts drafted. A bilateral contract consists of tho parties who are under an obligation to do something or refain from doing something. For example a contract for the sale of goods is a bilateral contract. The buyer promises to purchase the product and, in turn, the seller promises to supply the product P1.3. Analyse terms ic contract with reference to their meaning and effect The terms of an agreement may be so vague and indefinite that in reality there is no contract in existence at all. (Scammell v Quston (1941)). The presence of a vague term will not prove fatal in every case. The contract itself may provide any disputes about the operation of the agreement can be resolved. (Foley v Classique Ltd (1934)). A court can ascertain the terms of a contract by reference to a trade custom or a course of previous dealings between the parties. (Hillas Co Ltd v Arcos Ltd (1932)). A meaningless term which is subsidiary to the main agreement can be ignored and the rest of the contract enforced. (Nicolene Ltd v Simmonds (1953)). Express terms, are the details of a contract which have been specifically agreed between the parties. (Harling v Eddy (1951)). There are a number of express term that feature a standard contract such as exemption clauses, liquidated damages clauses and price variatio n clauses. This terms can effect a contract. For example liquidated damages clause can affect the term in a contract, because it lays down the amount of damages that will be payable in the event of a breach of a contract. Cancelation charges are an example of a liquidated damages clause. Implied terms, represent addition terms that are implied into an agreement. Those can be by custom (Hutton v Warren (1836), by common low (The Moorcock (1889)), or by statute. The most common being the sale or supply of goods Act 1979. Be able to apply the elements of a contract in business situations P2.1. Apply the elements of contract in a given business scenarios In the business scenario 1, at an auction sale the call for bids by an auctioneer is an invitation to treat, the bids are offers. The auctioneer selects the highest bid and acceptance is completed by the fall of the hammer. (Payne v Cave (1789)). Advertising a forthcoming auction sale does not amount to an offer to hold it. (Harris v Nickerson (1873)). An offer can be revoked at any time before the acceptance but it will only be effective when the oferee learns about it, and it is not necessary that the oferor himself should tell the oferee that the offer has been revoked. (Dikinson v Dodds (1876)). The case study shows that the offeror was Montblanc auction and Harry, Miss Kaur the oferee shown the intention to bid for pen fountain at Montblanc auction, willing to travel to Manchester for it, and she also shown intention to buy pen fountain from Harry but she did not decided 100%, therefore, even though the offer was expre ssed to be open until after lunch break, such offer can be revoked before the end of the time limit, because Miss Kaur did not agreed with the offer. A promise to keep an offer open will be binding if it can be enforced as a separate contract. A legally binding option will be created if the oferee provides some consideration in return for the offeror’s promise to keep the offer open. (Mountford v Scott (1975)). In the case study, Miss Kaur could have paid a deposit in advance to make sure she could still have the pen fountain. Consideration was shown between Harry and Miss Kaur, and each side promise something to the other party. This was not the case with the Mountblanc Auction, even if the auction for the pen collection supposed to be open, the parties did not enter into a consideration. Intention, the low is not concern itself with purely domestic or social arrangements. The parties must have intended their agreement to have legal consequences. In the first case Mountblanc auction showed the intention to offer for bid the pen fountain, and this was mention in the list of items to be auctioned, but because of one or another reason this was cancelled. On the other hand Harry shown the intention to wait until after lunch for Miss Kaur, but because it wasn’t any written contract between them, he decided to sell his pen fountain with a better price of  £1000, breaching the informal contract that he had with Miss Kaur. In the context of contract low, Miss Kaur cannot take any action against the auctioneer for the expense of her travel to the auction and she cannot take any action to  Harry for not selling the fountain pen to her. Business scenario 1, shows that the agreement between Charles, owner of a house, and Murphy, who supposed to make renovation in the house by a set amount of money ( £50.000), at a specific date. Secondly, consideration is shown in the case study where both parties agreed to give something in return. Charles agreed to pay  £50.000 for the house renovation, and Murphy agreed with the sum initially. Intention, is shown when Murphy asked for an increase in salary in order for the job to be done in time, even if Charles agreed initially, than he turn his back on the offer that he made, respecting only the legal terms from the contract. In this situation Murphy can’t make any legal action against Charles. Capacity, in this case both parties where capable of fulfilling their commitments. Charles paying for the service, Murphy capable of doing the service. Genuineness of cons cent appeared between parties, when the initial contract was formed. Here was the time for Murphy to argue for an increase in salary, and not at a later date. Legality element of the contract is present, because it is nothing illegal or contrary to public policy. P2.2. Apply the law on terms in different contracts A standard form contract (sometimes referred to as an adhesion or boilerplate contract) is a contract between two parties, where the terms and conditions of the contract are set by one of the parties, and the other party has little or no ability to negotiate more favourable terms and is thus placed in a take it or leave it position. Examples of standard form contracts are insurance policies (where the insurer decides what it will and will not insure, and the language of the contract) and contracts with government agencies (where certain clauses must be included by law or regulation). For example MetLife insurance company, has the terms of the contract are contained in a written document, the parties will be quite clear about what they have agreed to and this is likely to minimise the possibility of disputes a later stage. For example MetLife can make a contract of a life cover with a minimum of  £7, in which the client would know the standard terms and condition stipulated in the c ontract. It would be very time- consuming to negotiate individual terms with every customer, because the company is offering a standard service to a large number of people. Standard form, business-to-consumer contracts fulfil  an important efficiency role in the mass distribution of goods and services. These contracts have the potential to reduce transaction costs by eliminating the need to negotiate the many details of a contract for each instance a product is sold or a service is used. However, these contracts also have the ability to trick or abuse consumers because of the unequal bargaining power between the parties. For example, where a standard form contract is entered into between an ordinary consumer and the salesperson of a multinational corporation, the consumer typically is in no position to negotiate the standard terms. As example MetLife representative often does not have the authority to alter the terms, even if either side to the transaction were capable of understanding all the terms in the fine print. These contracts are typically drafted by corporate lawyers far away from where the underlying consumer and vendor transaction takes place. The danger of accepting unfair or unconscionable terms is greatest where these artful drafters of such contracts present consumers with attractive terms on the visible or â€Å"shopped† terms of most interest to consumers, such as price and quality, but then slip one-sided terms benefiting the seller into the less visible, fine print clauses least likely to be read or understood by consumers. For example a customer of MetLife can be assured for accident protection, but there are only a specific accident that the company may cover the client. In many cases, the consumer may not even see these contracts until the transaction has occurred. In some cases, the seller knows and takes advantage of the knowledge that consumers will not read or make decisions on these unfair terms.(Standard Form of Contracts, 2014). P2.3. Evaluate the effect of different terms in given contracts In the business scenario 4, terms stipulated in the contract are the payment for the research assistant ( £25000) and the working hours, witch in this case are â€Å"whatever hours are necessary to complete the assignments given to her†. Section 1 of Employment Rights Act 1996 that in fact requires the employer to state the amount of hours worked by the employee. Disciplinary procedures had to be insert in the terms of a contract, where, for example Miss Y had to receive a number of warnings that will be given to her before suspension or dismissal, for her behaviour of wearing trousers and not a dress, on the morning of 2nf June. Because of this terms of the contract, Miss Y can  appeal to grievance procedures that relate to complains in regard to any aspect of the employment with witch the employee is not satisfied. In this case dismissal for asserting the right is automatically unfair and there is no service requirements by reason of section 104 of the ERA 1996. (Riches, S. Allen, V. 2011). Under the Employment Act 2002, Miss Y can claim compensation for unfair dismissal. She can also claim because of the Working Time Regulation (SI 1998/1833),where is stipulated that the employee has a maximum of 48 of work a week, a daily rest of period at least 11 consecutive hours in 24 hours, and in work rest break of 20 minutes for those working more them 6 hours daily. Miss Y, could also claim compensation and Health and Safety at Work Act 1974, if the court finds that she receives medical treatment for depression due to the employment environment. Understand principles of liability in negligence in business activities P3.1. Contrast liability in tort with contractual liability Tort liability arises out of a civil wrong, for example, people who do business, sole proprietor or in a partnership are liable for the torts committed by themselves and for torts committed in the course of the business by their agent and/or partners. However, one may avoid tort liability for the acts of business associates if they operate their business as a corporation or a limited liability company. Thus, the choice of entity is too perceived to have potential benefit if one is concerned about limiting one’s tort liability. Regardless of what type of business organization a person is liable for torts committed by himself, if for example he/ she is driving the company vehicle and are involved in an accident the other party is liable if he/she negligently operated the vehicle whether he/she operate as a corporation, partnership or sole proprietor. (Business Law, 2014). Contractual Liability, appears when a corporation or a limited liability company may protect one’s pe rsonal assets should the operator incur a significant contractual liability from the business operation. For example, a building contractor signs a contract to construct an office building for a business client and fails to meet the contractual deadline, the business client holds the contractor liable for consequential damages profits lost for the time the client is not able to occupy the new building. Particularly in the construction area, contractual  liability may exceed simply the contract price. So long as one does not personally guarantee the contract of the business entity, his or her personal assets, assets owned outside the corporation or LLC, are protected as the corporate operator should not be personally liable for the corporate debts, contracts and contractual liabilities. Often, however, people dealing with corporations demand that the principals of the corporation personally guarantee the contracts. (Business Law, 2014). P3.2. Explain the nature of liability in negligence Liability of negligence appears when a claimant is able to prove that: â€Å"the defendant owed him a legal duty of care; the defendant was in breach of their duty; and the claimant suffered injury or loss as a result of the breach†. (Riches, S. Allen, V. 2011:348). For example a producer of goods may be liable to a consumer for loss and damage caused by his defective product under the tort of negligence. A consumer must establish the manufacturer owed him a duty of care. In Donoghue v Stevenson (1932) case, House of Lords established the principles that a manufacturer was a duty of care to all persons who are likely to come into contact with his goods. The breach in duty occurs if the fallowing factors such as the like hood that the damage or injury will be incurred, the serious of any damage or injury, the cost and ease of taking precautions and the social need for the activity. (Balton v Stone (1951). In the final part the claimant has to prove that he suffered damage if t his damage was caused by a negligent misstatement as in the case of Hedley Byrne Co Ltd v Heller and Partners Ltd (1963), or it was consequent upon foreseeable physical injury or damage to property such in the case of Junior Brooks Ltd v Veitcho Co Ltd (1982). P3.3. Explain how a business can be vicariously liable Employers can be held vicariously liable for acts of negligence or omission on the part of their employees in the course of employment even if the employer did not authorise or was unaware of the acts in question. To mount a successful defence, an employer must demonstrate either that the employee was not negligent or that the employee was acting in an individual capacity unrelated to the business of the employer. In some circumstances employers may also be liable for the misdemeanours of their independent contractors or  workers employed by a third party, such as an agency. For example, this applies where the employer authorises the wrongful act or had overall responsibility that could not be delegated. For example an employee that works for a catering agency, who does wrong doing at one of the clients that the agency is sending him to work for, the agency can be responsible for. The main deciding factor as to which employer has the responsibility for a sub-contractor or agency worker is that of control. The employer who gives direction and instructions for the work to be conducted will usually be the one to bear responsibility for misdemeanours carried out during the course of that work. If more than one employer can be identified as having control over the work of the employee then the principle of dual vicarious liability may apply. This is a principle introduced by the decision of Lord Justice May in the recent case of Via systems (Tyneside) Limited v Thermal Transfer (Northern) Limited Others. The case involved compensation for a flood at a factory which had been caused by the sub-contractor of a sub-contractor. In his ruling, Lord Justice May decided that more than one employ er could be subject to a claim and that the amounts awarded should be split equal unless it could be clearly demonstrated that one party bore more of the responsibility than the other. This courageous decision overturned the principle established in Laugher v Pointer in 1826 that only one employer could be held vicariously liable. (Vicarious Liability, 2014). Be able to apply principles of liability in negligence in business situations P4.1. Apply the elements of the tort of negligence and defences in different business situations The tort of negligence is concern with certain kinds of careless conduct with cause damage or loss to others. As explain in task 3.2. There are three factors to consider. Firstly duty of care, if this duty is break and if the other party suffered any damages. In the Business Scenario 5 it is presented the fact that a UK ship was taking oil in Sydney harbour, spilling oil in the water, and because of a spark it set fire to a wharf witch was at 200 yards distance. The case also shows that safety precaution were taken but does not explain how. On the one hand, it can be argued therefore that the duty of care of the UK ship was broken, because the ship supposed to take more precautions on the duty of care and harm any neighbour. The defendant has break their duty of care  because the likelihood of an accident such as this could be foreseen. On the other hand, it can be argued that the defendant can claim â€Å"res ipsa loquitur†, witch mean that the facts spick for themselves, and it can be prove to court that the UK ship took enough safety precaution to avoid any accident, therefore the defendant would not be seen as negligent. The condition must be satisfied for res ipsa to come to play are in case of the event which caused the accident must have been the defendant’s control, witch in this case can be argued that it was, and the accident must be in such nature that it would not have occurred if proper care had been taken by the defendant, witch again could be argued that the ship took enough safety precaution. The damage that occur after this accident was that the claimant suffered damaged on his wharf, thereby he has to prove in court that this damages was made as a consequences of the UK ship actions in the harbour. In the case of Business Scenario 6, the negligence was made by Shell, because they had failed to provide protection goggles to Bell while he was working in spite of the fact that this was not a normal practice at the firm. Negligence was also made but the employee Bell, because firstly he supposed to protect himself especially because he had lost one eye, and he could have been more precaut. The breach of duty was made by Shell, because the job that Bell has implied vehicle maintenance, and while working with materials such as metals, the company should have provided protection for Bell under the Consumer Protection Act 1987. Bell, can therefore claim compensation for its employee negligence towards him, because he suffered injury while working at Shell Company. P4.2. Apply the elements of vicarious liability in given business situations Low states that an employer is liable for damage caused to another person by his employee, while the employee was caring out his work. The employer is liable even though he was not in any way at fault, and this rule even if seems to be unfair for the employer, it is based upon the law and policy. Employer and employee are regarded as â€Å"associated parties† in the business in which both are engaged. In the Business Scenario 7 and 8, Alf and Amos Bridge breach their contractual duties, therefore because they were acting at work, the employer is automatically consider guilty as well by the court. References: 1. Business Law, Available at: http://pullman-wa.com/law/businessLaw.htm, [Accessed on 12.03.2014]; 2. Riches, S. Allen, V. (2011), Keenan and Riches’ BUSINESS LAW, 10th (ed), Pearson: London; 3. Standard form Contracts, Available at: http://faircontracts.org/what-are-standard-form-contracts, [Accessed on 15.03.2014]; 4. Vicarious Liability , Available at : http://www.uktrainingworldwide.com/BB/VicariousLiability.htm; [Accessed on 13.03.2014];