Berties initial contact

Berties initial contact Disclaimer: This work has been submitted by a student. This is not an example of the work produced by our Law Essay Writing Service . You can view samples of our professional work here . Berties initial contact Bertie’s initial contact, Freddy grabbing his elbow to gain his attention and Bertie pushing him away could all arguably constitute a battery. A battery is the direct infliction of unlawful force on another person without lawful justification. In order for them to be considered a battery they must satisfy the requirements. There must be an application of force, the force must be direct and immediate and the contact must be unlawful. The law prohibits all deliberate touching as ‘it has long been established that any touching of another however slight, may amount to a battery’. There are however some exceptions. Exceptions are made for minor everyday touching, Lord Goff in Collins v Wilcock [1984] 1 WLR 1172 states that ‘boarder exceptions has been created to allow for the exigencies of everyday life’. (Harvey, Barbara & Marston, John (6th Edition) Cases and Commentary on Tort, Oxford University Press p351) Bertie’s initi al contact could be arguably ‘not actionable’ (Harvey & Marston, Tort) because such slight jostling is ‘impliedly consented by all who move in society and expose themselves to the risk of bodily contact’ (Collins v Wilcock). He does not therefore satisfy the first requirement. The touching is perhaps negligent but not intentional. In Cole v Turner it was said that if two or more people meet in a passage and ‘without any violence or design of harm the one touches the other gently it will be no battery’ (Cole v Turner) and the aforementioned dicta highlights that a minor touch is ‘widely accepted as part and parcel of everyday life’. Freddie would therefore on this basis not be liable for a battery. Freddy intentionally grabbing Peters elbow to attract his attention similarly falls into that category. There is an application of force and it was direct, immediate and intentional, however it would not be considered unlawful. There is a clear distinction between an unlawful battery and touching to draw someone’s attention. The circumstances are clear that the purpose was to gain Bertie’s attention. Lord Goff in Collins v Wilcock opined that ‘along such forms of conduct, long held to be acceptable, is touching a person for the purpose of engaging his attention’. It is therefore also likely to be construed also as minor touching. The touching would have to be ‘unjustified for Freddy to be liable therefore Freddy’s would not be liable for battery. However Bertie pushing Freddy away could be considered a battery. In Wilson v Pringle [1986] 2 All ER 440 the court of appeal stated the essence of a battery you required a ‘hostile intentional touching’. However Lord Goff suggested that ‘qualification is difficult to reconcile with the principle that any touching of another’s body is, in the absence of lawful excuse, capable of amounting to a battery’ . This discounted the need for and ‘hostile’ act, and this was confirmed in Collins v Wilcock as the touching of the defendant was considered a battery as there was not a lawful arrest. There was no evidence of hostility in Collins v Wilcock, the requirement was therefore that the touching is merely unlawful. The mental element is also apparent. Lord Denning in Letang v Cooper [1964] 2 All ER 929 opined that ‘if one man intentionally applies force directly to another, the claimant has a cause of action in assault and battery’ (Harvey & Marston, Tort). There can be no doubts that there is an application of force, Bertie’s actions are intentional. The force is direct and immediate and the contact is not one of those excused as everyday jostling. Bertie’s actions will therefore be considered unlawful and therefore they are liable for a battery.

Administrative Ethics-HIPAA Essay Example | Topics and Well Written Essays - 1250 words

Administrative Ethics-HIPAA - Essay Example The specifics of these objectives are highlighted under Title II and I respectively. Section one embodies the protection of health covers for workers and their families. This part is meant to ensure easy transfer of health insurance covers from an old employer to a new employer or at least guarantee the continuation of cover in the event of job loss. On the other hand, section II details administrative specifics under Administrative Simplification (AS) (Banks, 2006). The AS section dictates requirements in establishing nationwide standards, which define the manner in which healthcare transactions are conducted electronically. It also defines the specific identifiers for employers, insurance plans and healthcare providers. This section helps simplify administrative challenges emerging from requirements of portability. The AS section also addresses issues of privacy and security of patients’ information and records. Since its ambitious implementation, HIPAA has expanded its infl uence on to major health issues such as security, confidentiality, privacy and simplification (Banks, 2006). In a nutshell, HIPAA promises an effective and efficient mode of disseminating and sharing electronic information in the healthcare sector. The compliance deadline was 2003 and a slight extension for harmonization of some minor plans. Since 2003, the plan has gained widespread adherence by various players including health insurers, employer sponsored healthcare plans, healthcare service providers and clearing houses in the sector. In spite of its positive outlook and gains made, HIPAA still raises numerous challenges with regard to its implementation. This paper reviews one of the significant challenges in HIPAA’s implementation by highlighting a newspaper article covering the issue of disclosure. The article under highlight appeared in the New York Times on 3rd July, 2007. The piece of work by Jane Gross is titled â€Å"Keeping Patients’ Details Private, Even From Kin.† Disclosure Issues in HIPAA’s Implementation HIPAA dictates the rules of disclosure and non-disclosure for Protected Health Information (PHI). However, Gross (2007), indicates that a number of studies have shown that a number of healthcare providers are applying HIPAA inappropriately. These providers and practitioners under them apply the regulations overzealously by being excessively and unnecessarily prohibitive. These acts have left caretakers, family members, law enforcement officers and public health officers unable to access information that is essential for their operations and life. Gross’ article presents this challenge by citing various real-life situations in which family members have been barred from staying with their kin or assessing their treatment chart information while undergoing treatment. Gross cites Mr. Nussbaum’s case in which he was barred from staying with his father or checking his treatment chart as an example of misinte rpretation of the act (Gross, 2007). A similar case involving Ms. Banks saw her drive from Oklahoma to Tampa to get information about her mother because this could not be disclosed over the . On arrival, she had to spend another 24 hours before she could get the disclosure from the doctor involved, simply because the nurse feared going against HIPAA (Gross, 2007). These examples show the frustrations that family and other parties such as researchers have when seeking patient information. The bigger challenge is that while there are â€Å"good faith nondisclosures,† there are also numerous cases of â€Å"bad faith nondisclosures† that unnecessarily bar access to information. For example,

Psychotherapy for Immigrants and Refugees Term Paper

Psychotherapy for Immigrants and Refugees - Term Paper Example Social workers and psychotherapists have a duty to respond to the needs of each of these immigrants and refugees in order to lessen their burden. Social training skills and psychotherapy support go a long way in ensuring that this group of people have an easy transition from the lives that they are used to their adopted lives (Pumariega, Rothe and Pumariega, 2005). One of the major challenges that face psychotherapy for the immigrants and psychotherapists is communication problems. In the US, many of the refugees who come to the country hardly ever know English, making communication a daunting task (Balgopal, 2000). This lack of clear communication between the psychotherapists and the immigrants makes it hard for the professional counselors to help the immigrants cope with their new life. Without proper communication channels, it becomes hard to understand the needs, fears and expectations of the immigrants. However in some instances, there are some immigrants who and understand mult iple languages, including the language spoken in the host country. This makes it possible for the psychotherapists to have them as translators. Although this is better than not communicating at all, it has its limitations. The translator may not put the message across as it is supposed to be, hence meaning might be lost between the psychotherapist and the immigrant that he is supposed to be helping (Fong, 2004). Another challenge that immigrants, refugees and psychotherapists normally face is the problem of cultural differences. Concepts of psychotherapy for immigrants and refugees emphasizes on the importance of understanding the various cultures involved (Ryan, 1992). However, doing so is not very easy as most people are inclined to think in terms of their own cultures and in total disregard of the other person’s culture. In many cases psychotherapists do not have any idea of how to deal with all the different cultures that they face in their line of work. The immigrants th emselves are also mostly adamant to let go of their worldview in support of another new one. The ensuing conflict that results form cultural misunderstandings may impact negatively on the work of social psychotherapists (Corey, 2009). The psychotherapy process for the immigrant might seem like a very long and time consuming activity, and this impacts negatively on what the psychotherapists are trying to achieve. Many immigrants and refugees normally flee from their own countries of origin to new ones in search of a better life (Chang-Muy and Congress, 2009). If anything comes between them and the attainment of their new status, they are bound to consider it a waste of time. Acculturation and integration are hardly some the things that come top on the immigrants’ priority lists. Getting them to understand the importance of psychotherapy to help them fit in may be difficult and some of them might even resist any attempt to help them adopt smoothly into their new lives (Pumarieg a, Rothe and Pumariega, 2005). Psychotherapists need to be given enough training before dealing with immigrants and refugees. They should be trained on cross-cultural communication and acceptance as it plays a big role in how successful any psychotherapy process is. There is need for the development of psychotherapy and counseling techniques that should focus on skills that are influential to the integration, assimilation and acculturation of immigrants and refugees (Pumariega, Rothe and Pumariega, 2005). Training programs for counselors should include skill development for the incorporation of the family and/or the

Importance Of Border Control And How To Improve It Dissertation

Importance Of Border Control And How To Improve It - Dissertation Example The Center is committed to the development of technologies, tools and sophisticated procedures to regulate and monitor immigration and business across the borders. This involves the development of projects that promote border security and make it stronger and more effective. There are a number of aspects relating to border security that the Center focuses on; these include risks and weaknesses, better surveillance and screening, analysis of immigration patterns and improvements in immigration law enforcement (U.S. Department of Homeland Security 2009). The conditions that have developed after the 9/11 have exposed many gaps in the security and surveillance mechanisms. These gaps and vulnerabilities have become yet more acute in light of pressing security demands after the rise in terrorism over the previous years. Besides the post-9/11 conditions and terrorism, there are other factors that have necessitated a revision of the immigration and border security systems. These include grea ter security reviews, insufficient collaboration with NGOs and the government, disputed policy tensions etc (Kerwin 2011). My research question is how important is border security today and what measures can be taken to improve it? The research project focuses in particular on the development and enforcement of better surveillance mechanisms and advanced technologies for regulating the influx of immigrants as well as goods such as false documents, illegal medicines, drugs and other illegal items. The project focuses on various aspects associated with development of such technologies, including their pros and cons. One of the key features that guarantees the success of a research project is the amount of information collected regarding it. Keeping this in mind, the research objectives can be defined as follows: Revisiting the importance of border security Identifying the need to develop better methods of surveillance and border security

Those Winter Sundays, by Robert Hayden Essay Example | Topics and Well Written Essays - 750 words

Those Winter Sundays, by Robert Hayden - Essay Example The poem can be interpreted in many ways. As an example, it could be interpreted as a son who dislikes his father. It could also be seen as a boy who was longing for the love of his father. However it is interpreted, the fact remains that it is a poem about the coldness that lurks between this boy and his father. Hayden uses metaphors in the poem that match the winter cold. The metaphors are implied more than they are spoken. As an example, the father in the poem â€Å"got up early and put his clothes on in the blueblack cold† (3). The poem then states about the boy, â€Å"I’d wake and hear the cold splintering, breaking† (6). When these two sentences are analyzed together, the â€Å"blueblack cold† (3) of winter is a possible metaphor for an abusive relationship between father and son. The words â€Å"blue black† are often associated with â€Å"black and blue† in terms of a bruise or an injury. The â€Å"cold splintering, breaking† (6 ) could be a metaphor that is not only about the weather, but the implication that the relationship between the father and his son is also cold, splintering and breaking. Because the boy states that when he wakes up in the morning, he is â€Å"fearing the chronic angers of that house† (9), the reader can assume that the boy is abused in some way. There may not be physical abuse at this time because the father’s hands are â€Å"cracked† (3) â€Å"from labor in the weekday whether† (4) and it would not be comfortable for him to physically hurt his son but the emotional abuse may have been a part of their everyday life. It appears that there is no mother in this family and the reason that the boy and his father are reacting to each other as they are could have something to do with the mother’s absence. The coldness that they share could be their response to grieving at the loss of the mother. This poem could also be one of the poet’s members. A ccording to C. Ekrem Teymur, Robert Hayden grew up in a Detroit ghetto and he spent is time with his parents, but also with a foster family that lived next door to his family (par. 1). This could have been a reflection of what happened to him in his past. The title of the poem suggests that â€Å"those† were the days that he is remembering, and that in the winter time, this was what happened every winter. The entire poem gives the read a sense of coldness. The winter is very cold with the â€Å"blueblack cold† â€Å"(2), â€Å"cold splintering† (6), and â€Å"driven out the cold† (11) without replacing it with warmth. There are only two lines that mention some type of warmth: â€Å"when the rooms were warm† (7) his father would call him. This was interesting because warmth would seem cozy and not something that would happen in this house. When his father called him out of the warmth the boy was, â€Å"fearing the chronic angers† (9) possibl y, because the cold was what he was used to both in temperature and inside the house with the unspoken cold. One line of the poem is very difficult to understand. â€Å"What did I know of love’s austere and lonely offices?† (14). I did not understand this last line and it seems to have nothing to do with the rest of the information. How does this fit into the rest of the poem? According to Peter E. Murphy, the word â€Å"office† has to be put into a context of doing service to others. Murphy explains that in Catholicism, â€Å"office† means the â€Å"daily obligatory prayers† (16) and therefore the passage could mean that love is lonely in this particular space and it is something that must be done, but does not appear here. I am still not sure of what this means. In

The Chrysanthemum Essay Example | Topics and Well Written Essays - 750 words

The Chrysanthemum - Essay Example What is revealed in most of the religious texts, and what is practiced by the society are mostly contradictory. A female child suffers victimization at every stage of life. When she grows, marries, begets children, her responsibilities multiply. Her private ambitions stand curtailed. Circumstances compel her to suppress her many fond feelings for the growth of her innate desires and latent personality. How can a woman be the legal and spiritual equal of man in the true sense? John Steinbeck in his story The Chrysanthemum highlights the limitations under which a married woman lives. He writes not to sympathize with women, not condemn the society—he just mentions the facts, for which there are no tangible solutions. Her plight is a sort of inevitable confinement. Elisa is one such woman. She is as if imprisoned in a fort, being attacked by the enemy from outside. The nature seems to move in tandem with her moods. The story opens: "The high gray-flannel fog of winter closed off the Salinas Valley from the sky and from all the rest of the world. On every side it sat like a lid on the mountains and made of the great valley a closed pot." Every description by the author related to the life of Elisa is chiseled within the details of confinement. Her garden of flowers is surrounded by a wire fence. Flower and wire fence, create a picture, how her tender emotions are imprisoned. Through such enclosures, she watches the activities that are taking place in t he society. She has no conflict with her husband, everything apparently seems to go on well. Her dissatisfaction with her life has nothing to do with the attitudes of her husband and his disposition towards her. The story critically examines her psychology. The images of seasons, weather, plants and a animals—all work as natures agents to provided support to the happiness of her life. When a bright and energetic woman has to fall in

Financial management Essay Example | Topics and Well Written Essays - 3000 words - 2

Financial management - Essay Example The theory acknowledges the use of both equity and debt financing of the firm operations. It holds that each firm has an optimal capital structure at which it maximizes the value of the firm, which is the point when the attractiveness of each additional debt unit declines, upon balancing its costs and benefits it brings to the firm (Ghazouani, 2013). By this the theory links a firm’s financial leverage to its profitability and optimum debt ratio. Proponents of the theory argue that debt financing can enable firms to achieve maximum profitability and value by making a trade off of the accrued benefits and cost. Financing firms with debt has the advantages of corporate tax benefits of the debt, but also suffer risks from bankruptcy and agency costs, which create financial distress for the firm. Tax shields are firm specific factors that influence firms financing decisions. Firms may choose to take additional debt with increases to tax shield offered. According to Chen, â€Å"the trade-off theory predicts that firms will increase their debt level to capture fully tax benefits until the expected marginal benefits are equal to the expected marginal costs of debt† (2012, p. 1). The higher the tax rate the greater the firm’s leverage and effectively a higher enterprise value. By maximizing the use of debt, firms on the other hand become more prone to losses due to increasing risks of bankruptcy. The firm’s over-borrowing could result to failure of paying the principle, chances of defaulting, and in the event of financial distress are unable to get extended credits from financial institutions, failure to pay dividends or attractive for investment (Kim, Heshmati and Aoun, n.d.). In turn they affect the firm’s profitability, performances and its value. Holding other variables constant, a point comes when a further debt increment becomes inversely and directly proportional to its marginal profits and costs,