Wednesday, October 30, 2019

Business law Essay Example | Topics and Well Written Essays - 500 words - 13

Business law - Essay Example 150). The Islamic doctrine would however not apply under the CISG because the convention overrules application of regional laws in international transactions (Schaffer, Agusti and Earle, p. 120). In the case, Bende made a contract with Ghanaian government for deliverables at a price of $ 158500. He then subcontracted to Kniffe who was to deliver the goods at $ 95000. Kniffe however failed to make delivery as the carrier train had derailed. Kniffe’s claim that the contract had been rendered impracticable is valid because the train wreck was unforeseeable and beyond his control. However, the performance is not excused because of the no force majoure clause that was contained in the contract sustains liabilities. The wreck was however unforeseeable (Fox, p. 143). Bende would be entitled to damages of $ 44685. This would include lost profit to which he would be entitled. This is due to compensatory damages doctrine that provides for a party’s restoration to the position he would have been had a contract been fulfilled. This includes profitability (Fox, p. 60). If the parties had agreed that Kniff would merely ship the goods then the risk would shifted from Kniff to either the buyer of Bende, depending on the original contract because property would have transferred to him (Schaffer, Agusti and Earle, p. 728). The importer is likely to win the case. This is because of two factors, the open price term of the contract and the force majoure clause that applies to contracts that have been rendered impossible. Under the open price term, the distributer is bound by the contractual terms that were entered into during contract formation. The force majoure clause also suspends any liability over contractual obligations when activities have been rendered commercially impossible. Adversely unfavorable currency fluctuation, being identified as a factor towards the clause, therefore releases both parties from any liability from the contract. Consequently, the

Monday, October 28, 2019

Death, Tragedy and Community at Wartime Essay Example for Free

Death, Tragedy and Community at Wartime Essay Dying in War: Implications for the family, the community and the social worker Death is a phenomenon that evokes mixed reactions and views from a community. For some, it a blessed release from the trials and problems of life. To others, it may very well be the end of the world when they lose a loved one. What remains constant however is the grief, bereavement and loneliness experienced by those left behind. Even more so when death was sudden and unexpected as like what happens in times of war, disaster, and terrorist attacks. Grief goes through many stages, each stage more difficult that the last. While most people generally manage to cope with time, some experience more difficulties and tend to develop psychological and emotional problems. During the First and Second World Wars, the knock of the postman was a thing of dread. They either brought telegrams summoning the sons and fathers of families for the draft or telegrams announcing the death or loss of loved one. An estimated 8 million military personnel in 14 European countries were killed in World War I, and 14. 4 million military personnel in 17 European countries were killed in World War II (Aiken, 2001, p. 111). Parents who suddenly lose their children such as what happened to most wartime mothers with adult sons usually have a harder time coming to terms with the death of their child (Gilbert, 2005, p. 6). The loss and feelings of helplessness and anger can be intense. There is a common belief that something is wrong when a parent buries his/her child. Most parents who have experienced this report that they feel dissociation with life and everything just felt so unreal (p. 6). That it is not right that parents should survive their children is often the thought that haunts bereaved parents. What role do social workers play in times of war and terror? Social problems are defined as the challenges that face and exist in communities (Hardcastle, Powers Wenocur, 2004, p. 62). It is the social workers job to help the community and its members formulate and implement solutions to these problems. Social workers usually work with problems related to economic disadvantages, illness and disability, crime and delinquency, abuse and maltreatment, service provision to special parts of the population and mental illness. All these problems call for leadership attention and trained intervention (p. 62). No situation can put all these things together more than times of war. What may be the biggest challenge to a social worker though is the task of helping a family and community deal with the sudden losses of loved ones in combat. In addition to this, they should also be prepared to cope with the rehabilitation of those who have been able to come back home but exist with scars that are not only physical but also mental and emotional. The events of September 11, 2001, though technically not a part of any formal war except the one on terror, had an impact that was not dissimilar to armed conflicts. There was confusion, anger, anxiety and above all, people who in an instant lost their loved ones. As with wartime, sudden death can only be viewed as unfair and untimely (Clements, Deranieri, Vigil Benasutti, 2004) For example, the September 11, 2001 terror attacks left behind families and children who have lost moms and dads in that instant. Even adults and children who were indirectly affected by the attacks have grown to suffer feelings of anxiety and shattered security in their personal and familial safety (Smith Reynolds, 2002). Besides the inevitable feelings of grief, children especially were left behind and often had to contend with nightmares and morbid pictures of the traumatic deaths their loved ones experienced as well as the stress and difficulty of trying to picture lives without mom or dad. It is also important to remember that the effects of trauma are not limited to those who suffer it directly (Sims, Hayden, Palmer Hutchins, 2000, p. 41) The ubiquity of television also afforded children at home not only news of the attacks but also vivid pictures and descriptions of the tragedy and all its violence. This made it even more problematic for children and people who have lost loved ones in the Twin Towers and the plane crashes as coverage of each horrific scene gave them fodder for the imagination and subsequent nightmares. The case of a 7-year old boy named Johnny is cited in the study (2002) by Smith and Reynolds. : Following the 9/11 attacks, Johnny developed a constant fear of his parents leaving home and getting killed by bad men. He also developed a phobia of elevators and would throw tantrums whenever his parents tried to make him use one. Johnny admitted to his therapist that his fear of elevator stemmed from a story he heard of how people in the Twin Towers were trapped and killed while riding in the elevators. (Smith Reynolds, 2002) Neither Johnny nor his family were directly involved or affected in the terror attack. The mental and emotional strain suffered by survivors and those affected by this very high profile event led to the American Psychiatric Associations setting up of counseling services focusing on grief, acute stress and Post Traumatic Stress Disorder (PTSD) (Smith Reynolds, 2002). The difficulty that most surviving relatives meet is in the un-timeliness of death. While conventional wisdom holds that sons and fathers who go to war may not come back again, more often than not, there is a strong hope that they will be able to come home. Despite the knowledge of all the possibilities, the sudden and traumatic nature of death often creates problems among surviving relatives. They become victims in their own right. Muller and Thompson believe that the manner of death plays a vital role in determining the reaction of the survivors (Muller Thompson, 2003). If its bad enough for people to suddenly lose their loved ones, how much more would it be for children to live and go through an environment of war and death? In his article in the Journal of Multi-cultural Counseling and Development in 2004, Clinical psychologist and Fellow of the American Psychological Association (APA) Gargi Roysircar relates the case of 20-year old Yugoslavian emigre Stephen, who at the age of 10 witnessed the height of the civil war between Christians and Muslims in Kosovo in 1990. In interviews with his counselor, Stephen recalls witnessing about 80% of his classmates get killed by bombs, sniper shots and gunfire as they walked to and from school. At age 14, Stephen was taken by his father to the frontlines for training in combat to fight with the Serbian army. The next two years wold take Stephen all over the Balkans and would expose him to all kinds of death, privation and war atrocities. Eventually migrating as political refugees in the United States, in 1999, Stephen demonstrated difficulty in acculturation and adjustment. The constant displacement he experienced in war along with the mistrust bred by his past and cultural paranoia fostered by the Croatian community they lived with made it difficult for Stephen to acclimatize to peacetime setting. Roysircar describes Stephen as having recurrent thoughts and images of his violent experience in the Balkans. He experienced nightmares, hostility and a profound sense of a lack of belonging. Stephen also often recounted the difficulties he experienced including hiding in a basement and eating rats especially when angry. He also displays a deep-seated hatred for the Muslims and believes the Middle East should be wiped off the face of the Earth (Roysircar, 2004). While there may be models detailing stages of grief and recovery, social workers must be prepared for instances that do not adhere to such models. In Stephens case while he did not directly lose any of his close family members, he was exposed at an early age to violence and death. He has also experienced being the cause of another human beings death as he and his father fought on the Serbian army. This is no different from the Post-Traumatic Stress Disorder exhibited by American soldiers returning from Vietnam or any other area where they fought in combat. A person does not have to lose anyone in order to feel grief, bereavement and suffer any disorder that may result from it as evidenced by the little boy Johnnie and Stephen. Death in wartime is not limited to just the loss of a loved one. In a community where all able bodied men are called to arms, anybody can lose husbands, brothers, fathers and sons at any day. Families left behind are left to their own devices and imaginings of what horrors their loved ones are facing. Those who do lose family members are haunted by the manner by which their loved one died. There is also the unfortunate circumstance in war where death is an ambiguous issue. In the Vietnam War, many people were reported missing in action. The families of such people were left at an awkward and horrible position of not knowing whether they should be mourning or holding out hope for their loved ones return (Worden, 2003, p. 40). In some cases, some families do accept the reality that their loved one may be dead and go through the entire process of mourning and recovery only to be told later that their husbands and sons were simply prisoners of war and has since been released. While ordinarily this may sound like a fairy tale ending, there may come unbridgeable gaps and tension that can only ruin relationships and lives (p. 85). On the other hand, some families may keep clinging to the hope that their loved ones are alive and therefore refuse to give way to grief and acceptance. Stacy Bannerman (2007) is one of the many army wives whose marriage was broken up by war. In her article that appeared in The Progressive, she relates how her once happy marriage with one of the militarys mortar platoon commanders started heading downhill with every death he caused and witnessed during his stint in Iraq. She decries the insensitivity and lack of support for military families from the National Guard. She further cites how there was an absolute lack of prompt attention to the mental and emotional needs of returning military men who more often than not suffered from PTSD like her husband, Lorin did. Because of this, there have been military men who have survived their tour of duty only to succumb to mental and emotional anguish and end up committing suicide on American soil (Bannerman, 2007). It is the soldiers, their families, and the people of Iraq that pay the human costs. The tab so far: more than 3,000 dead U. S. troops, tens of thousands of wounded, over half a million Iraqi casualties, roughly 250,000 American servicemen and women struggling with PTSD, and almost 60,000 military marriages that have been broken by this war (Bannerman, 2007). The problem here is that most of those left behind are left to cope with their own fears without the support of anybody else except family and members who are also wrapped up in their own concerns. In this case, social workers must be able to take the lead in establishing outreach and community groups so people do not have to cope and suffer in isolation. Carpenter (2002) states that the psychological well-being of the members of a community is one of the jobs of a social worker. While it is true that the trauma brought on by exposure to violence and death may be an individual process, healing and recovery needs societal support and strong relationships (Carpenter, 2002). This may become a challenge to families and communities who are dealing with their anxiety and grief. However, Carpenter reminds social workers that one of the primary goals of social work is to help empower the oppressed. Oppression in itself can take on many definitions and forms. In this particular case, it is the trauma and grief that is debilitating and oppressing the individual and the community. Social workers must also be prepared to look for signs of repressed grief. Some individuals choose to withhold and fail to express grief and therefore develop problems later in life often developing manias, paranoia and demonstrate abuse towards other people. At times, the feelings of grief or multiple losses of loved ones may lead to a grief overload that would cause an individual to delay grief (Worden, 2003, p. 91) The community as a social system can provide a network of support. Given the right leadership, empathy and sensitivity, it can also become a safe place where people can come to terms with their grief and slowly move on toward recovery. In the cases of Johnnie and Stephen, it took time before they were able to face and admit their anger, anxiety and grief at the bad things that they experienced and fear. Sometimes, self-reflection and a ready ear is all thats necessary. As clinically trained counselors and diagnosticians, social workers are tasked with the duty of helping people recognize and understand what problems they may have. Community-wise, social workers should have enough knowledge of the communitys demographics in order to unify and create a solid network of safety and interaction that may assist troubled and grieving individuals particularly in conflict filled times such as war. Death at wartime comes in many forms. It could be the actual death of a loved one, anxiety at the possible death, loss at whether somebody is dead or not, or even those who continue to physically live but have broken spirits and permanent disabilities as a result of war wounds. Much as death is a big thing that affects not only the family but also the community as a whole, war brings with it so much more problems and issues that will undoubtedly challenge most social workers. Undertaking social work means one must be in sync with the community. By in sync, it covers everything from issues, key people, and resources that may be mobilized in times of need. War is a time of immense crisis and tragedy that the social worker must be prepared to face head on and ably lead and facilitate the processes by which the community may be transformed into a supportive societal system that each member may be able to depend on. This does not mean however that social workers cannot be affected or lose their sense of self in dealing with all these tragedies. Tsui and Cheung (2003) recommend a self-reflection on the part of the social worker in order to understand and come to terms with their own reactions and feelings to tragedies they both witness and hear about from their clients before attempting to deal further with the grief of others. They also stress that once social workers attend to their duties, they should do so intellectually yet with empathy and focus on assessing and addressing the needs of the community rather than ones own (Tsui Cheung, 2003) References Aiken, L. R. (2001). Dying, Death, and Bereavement (4th ed. ). Mahwah, NJ: Lawrence Erlbaum Associates. Retrieved November 28, 2007, from Questia database: http://www. questia. com/PM. qst? a=od=22091057 Bannerman, S. (2007, March). Broken by This War. The Progressive, 71, 26+. Retrieved November 28, 2007, from Questia database: http://www. questia. com/PM. qst? a=od=5021139792 Carpenter, J. (2002). Mental Health Recovery Paradigm: Implications for Social Work. Health and Social Work, 27(2), 86+. Retrieved November 28, 2007, from Questia database: http://www. questia. com/PM. qst? a=od=5000778618 Gilbert, K. R. (2005). 1 When a Couple Loses a Child. In Family Stressors: Interventions for Stress and Trauma, Catherall, D. R. (Ed. ) (pp. 5-30). New York: Brunner Routledge. Retrieved November 28, 2007, from Questia database: http://www. questia. com/PM. qst? a=od=109184971 Catherall, D. R. (Ed. ). (2005). Family Stressors: Interventions for Stress and Trauma. New York: Brunner Routledge. Retrieved November 28, 2007, from Questia database: http://www. questia. com/PM. qst? a=od=109184958 Clements, P. T. , Deranieri, J. T. , Vigil, G. J. , Benasutti, K. M. (2004). Life after Death: Grief Therapy after the Sudden Traumatic Death of a Family Member. Perspectives in Psychiatric Care, 40(4), 149+. Retrieved November 28, 2007, from Questia database: http://www. questia. com/PM. qst? a=od=5008586582 Hardcastle, D. A. , Powers, P. R. , Wenocur, S. (2004). Community Practice: Theories and Skills for Social Workers. New York: Oxford University Press. Retrieved November 28, 2007, from Questia database: http://www. questia. com/PM. qst? a=od=104722138 Roysircar, G. (2004). Child Survivor of War: A Case Study. Journal of Multicultural Counseling and Development, 32(3), 168+. Retrieved November 28, 2007, from Questia database: http://www. questia. com/PM. qst? a=od=5012181947 Sims, M. , Hayden, J. , Palmer, G. , Hutchins, T. (2000). Working in Early Childhood Settings with Children Who Have Experienced Refugee or War-Related Trauma. Australian Journal of Early Childhood, 25(4), 41. Retrieved November 28, 2007, from Questia database: http://www. questia. com/PM. qst? a=od=5001127890 Smith, S. , Reynolds, C. (2002). Innocent Lost: The Impact of 9-11 on the Development of Children. Annals of the American Psychotherapy Association, 5(5), 12+. Retrieved November 21, 2007, from Questia database: http://www. questia. com/PM. qst? a=od=5002560442 Tsui, M. , Cheung, F. C. (2003). Dealing with Terrorism: What Social Workers Should and Can Do. Social Work, 48(4), 556+. Retrieved November 28, 2007, from Questia database: http://www. questia. com/PM. qst? a=od=5002045024 Worden, J. W. (2003). Grief Counselling and Grief Therapy: A Handbook for the Mental Health Practitioner. Hove, England: Brunner-Routledge. Retrieved November 28, 2007, from Questia database: http://www. questia. com/PM. qst? a=od=108479290

Saturday, October 26, 2019

Essay --

Develop a Personal Disaster Plan A natural disaster is any event that is caused by the force of nature on environmental factors that has catastrophic consequences. Natural disasters include: avalanches, earthquakes, floods, hurricanes, impact events, landslides, mudslides, tornadoes, tsunamis, tropical cyclones, typhoons, and volcanic eruptions [1]. I live in the state of Missouri and based on the geographical location it is frequently affected by natural disasters like Ice storms, tornados, severe storms, and flooding. Since the year 1990, Missouri has recorded more than 30 federal disaster declarations. Local government keeps track of disaster information locally and it is the responsibility of State Emergency Management Agency to work with the local government to make sure that they get all the information needed and then they integrate all the information and send it to the governor. Based on the intensity of the event, the governor may request the president to issue an emergency disaster declaration. [2] Advance Preparation: Preparing for the disaster in advance might save your life. So, it’s always a wise thing to prepare in advance. My steps are: †¢ Designing a floor plan for my apartment, this makes me aware of the doors and windows to get out of the building during emergency. †¢ Creating an emergency contact of a person who is residing out-of-state and name that person as ‘ICE’ in my phone’s contact list, because whenever we are involved in an accident the officials might call to that ‘ICE’(In Case of Emergency) contact. †¢ Registering to weather alerts and being aware of the climatic conditions. †¢ Keeping the first aid kit in an emergency location in your house. †¢ In case of tornados, planning a location which is beneat... ...t locate a restore point, so that all the members of the family meet at this point after the disaster. †¢ Periodic drills must be done to ensure that, all the members of family execute their plan as planned. †¢ Talk to the children’s school officials asking for disaster plan when the disaster hits during school hours. If they are not made support them by giving your own ideas. †¢ Update and discuss the plan with all the members of the family once a year. REFERENCES: 1. Natural Disaster. (2014). Retrieved March 12, 2014, from http://www.hccmis.com/international-insurance-definitions/#N 2. SEMA. Declared Disasters in Missouri. Retrieved March 12, 2014, from http://sema.dps.mo.gov/maps_and_disasters/disasters/ 3. Family Disaster Plan and Personal Survival Guide. Retrieved March 12, 2014, from http://www.co.san-diego.ca.us/oes/docs/FamilyDisasterPlan.pdf

Thursday, October 24, 2019

Home Rule :: Essays Papers

Home Rule During the time of England’s dominance of Ireland, the citizens of Ireland desperately sought to be free of England’s rule. Because of Ireland’s longing, the Home Rule Movement (HRM) came into existence. In Irish and English history, Home Rule is defined as a political slogan adopted by Irish nationalist in the 19th century to describe their objective of self-government for Ireland (â€Å"Home Rule†). The Home Rule Movement started in 1870 and ended in 1922. Isaac Butt and Charles Parnell led the movement (Home Rule). Because the Irish were insistence in obtaining their freedom, the Home Rule movement caused the following events to occur: The Easter Uprising, an increase in attendance of the Irish Republic Treaty (IRA), the founding of the Sinn Fein, and the Irish Free State. During the HRM, three Home Rule bills were produced and promptly rejected. Ultimately, the fourth Home Rule Bill ended in victory in 1922 (â€Å"Home Rule†). As a result of the Irish having to engage in a difficult and long-fight battle for their independence from England, the people of Ireland began to cause anarchy. This anarchy was known as the Easter Uprising. The Easter Uprising started in April 1916, the day after Easter (Easter Rising) and occurred because Ireland believed the British’s government was devoting sufficient attention to the needs of the people of Ireland (â€Å"Easter Rising†). On the other hand, Britain felt the Irish weren’t worthy of becoming self-governing. The British felt superior to the Irish and thought of them as filthy people who needed to be segregated and taught how to behave properly (â€Å"Home Rule†). There were a couple of groups that helped in the developing the Easter Uprising. There was a group called the Irish Republican Brotherhood whose goal was for Ireland to have independence (Easter Rising). Independence appeared to be on the minds of many Ireland citizens. This group consisted of 2,000 members who kept their plans hidden (â€Å"Easter Uprising†). Another group called the Irish volunteers consisted of about 200,000 men but, only 3,000 took part in the Easter Uprising (Easter Uprising).

Wednesday, October 23, 2019

The Effect Of Cryotherapy Health And Social Care Essay

This chapter summarizes the major findings, restrictions, deductions in the field of nursing instruction, nursing pattern, nursing research and recommendations for farther research. The survey was conducted with the aims to place the effectivity of cryotherapy prior to passive stretching on the degree of spasticity and manus map among kids with intellectual paralysis in Families for kids, Coimbatore. A quasi experimental, pretest post-test with control group design was adopted for the survey. Purposive sampling technique was used to choose the samples for the survey. Entire figure of samples selected for the survey was 30. The selected samples were indiscriminately assigned to experimental and command group instead. Initially the degree of spasticity and manus map was measured utilizing Ashworth graduated table and Zancolli categorization manus map graduated table before intercession. For experimental group, cryotherapy was given for 20 proceedingss prior to passive stretching on the flexor compartment of the forearm and no intercession given to command group. The degree of spasticity and manus map were reassessed after 10 yearss. ‘t ‘ trial for depe ndant and independent samples was used to happen out the consequence of cryotherapy prior to passive stretching on the degree of spasticity and manus map among kids with intellectual paralysis. The findings from the survey concluded that, cryotherapy prior to passive stretching was effectual in cut downing the spasticity and betterment in manus map among kids with intellectual paralysis.6. 1. Major FINDINGS OF THE STUDYCryotherapy prior to passive stretching was found to be effectual in cut downing the degree of spasticity and betterment of manus map among kids with intellectual paralysis The consequence shows that, there is a important decrease in degree of spasticity in experimental group when compared to the control group among kids with intellectual paralysis. The consequence shows that, there is a important betterment of manus map in experimental group when compared to command group among kids with intellectual paralysis.6. 2. RECOMMENDATIONSCryotherapy prior to passive stretching can be used as a everyday intercession among kids with intellectual paralysis. A survey can be conducted utilizing ice application prior to passive stretching on spasticity and reduced scope of gesture in lower limbs in kids with intellectual paralysis6. 3. Nursing DeductionThe wellness professionals particularly paediatric nurses have a major function in supplying compassionate attention to kids. The nurses have the duty in assisting kids for monitoring and pull offing the attention for the kids with disablements like intellectual paralysis. Cryotherapy is one of the cost effectual method to cut down spasticity and bettering manus map among kids with intellectual paralysis prior to passive stretching. Consequences of this survey have deductions in nursing instruction, nursing pattern, nursing disposal and nursing research.6. 3. 1. Nursing EducationChildren with spasticity receive assorted methods of intervention like physical therapy. To pull off the symptoms efficaciously there are many alternate therapies like hydropathy, cold therapy and other exercisings. Among these therapies cryotherapy is one of the alternate intervention. In the field of nursing instruction, disposal of cryotherapy prior to passive stretching exercisings is concerned with holistic attention of patients. Therefore, it is appropriate to integrate alternate therapies like cryotherapy into nursing course of study.6. 3. 2. Nursing PracticeNursing consists of a organic structure of cognition that is ever altering with new inventions. Integration of inventions into nursing pattern improves the quality of attention provided to paediatric population. Ice application facilitates the decrease of spasticity and helps in betterment of manus map among kids with intellectual paralysis. The intercession of ice application enhances the accomplishment and attempt of paediatric nurses in cut downing spasticity and bettering manus map during the process. Hence, ice application can be adopted as a everyday pattern before inactive stretching exercisings in kids with intellectual paral ysis.6. 3. 3. Nursing AdministrationWhen non-pharmacological therapy progresss, the decision maker has the duty of supplying paediatric nurses with significant go oning instruction chances and enabling them to update their cognition with current research findings. The nurse decision makers must pull written policies sing the benefits of cryotherapy for cut downing spasticity and bettering manus map prior to passive stretching in kids with intellectual paralysis6.3.4. Nursing ResearchNursing research must concentrate more on the grounds based and holistic pattern by understanding the assorted techniques that can convey about important positive and psychological results for kids. The alternate therapy like ice application as one of the nursing intercession for kids with spasticity and decreased manus map which is an low-cost and effectual manner can be practiced based on research findings. The findings of the present survey can be utilized by the nurse research worker to lend to new cognition sing spasticity direction. The consequences from the present survey will assist the paediatric nurses in pull offing intellectual kids with spasticity.6. 4. DecisionCryotherapy is a non-pharmacological therapy used in the present survey to measure the degree of spasticity and manus map among kids with intellectual paralysis. The findings revealed that, cryotherapy was effectual in cut downing spasticity and bettering manus map. The therapy is besides cost effectual. Hence, the research worker concluded that, all paediatric nurses should follow this intercession in their clinical pattern to cut down spasticity and bettering manus map among kids with spastic intellectual p aralysis.

Tuesday, October 22, 2019

Tort Reform in the United States

Tort Reform in the United States A tort can be described as a civil immoral doing or an action that is not inevitably illegitimate, but one that makes another person suffer loss or mischief. In the US, any person who suffers a loss or any impairment has the right to reclaim the loss. Such a person is entitled to claim compensation for damages that he/she has incurred, usually in monetary terms. A tort claim is made against a person or people responsible for the injuries.Advertising We will write a custom research paper sample on Tort Reform in the United States specifically for you for only $16.05 $11/page Learn More Tort cases may comprise such topics as product liability, wrongful imprisonment, infringement of copyright, pollution of the environment, and auto accidents among many others that qualify under the definition of a tort. Categories of tort include negligence, statutory torts, nuisance, economic torts, and intentional torts. Tort reforms in the US are simply ideas that are design ed to change the way the civil justice system works In her blog ‘Tort Deform: The Civil Justice Defense blog, Protecting America’s Access to Courts’, Justinian Lane explains tort reforms in terms of the American politics showing how the different divides between the Republicans and Democrats affect the tort reforms. She believes that tort reforms are purely an endeavor â€Å"to make it difficult for people to file injury lawsuits besides collecting reasonable amounts of money from injury suits† (Lane, 2012, Para. 1). She postulates that efforts are meant to protect the leading industries to the detriment of the public (Lane, 2012, Para. 3). Republicans, proponents of the campaign in question, judge that cases are a form of ordinances that affect the giant industries and that most industries fund the Republican Party. On the other hand, most trial lawyers are Democrats and that they fund the Democratic Party from earnings from these suits. Therefore, the su pport for tort reforms by republicans is simply to curtail the Democrats’ source of funds on the political arena. In the evaluation of this postulation for the purposes of if it can be used as an argument for tort reforms in the US, I find it lacking in depth in terms of the core purposes of tort reforms. This follows because all American people suffer civil suits for injury and damages regardless of their political affiliations. Therefore, the need for compensation cannot be pegged on ones political views (Lane, 2012, Para. 6). Stephen King’s views in the article ‘Does Tort Law Reform Help or Hurt Consumers?’ found in the journal The Economic Record of December 2010 â€Å"constructs a simple competitive model to analyze the effect of Tort reforms on consumers† (King, 2010, p. 563). The framework indicates that changes â€Å"to limit non-economic losses make consumers worse off ex ante† (King, 2010, p. 564).Advertising Looking for res earch paper on government? Let's see if we can help you! Get your first paper with 15% OFF Learn More On the contrary, changes in financial losses translate to equivocal consequences. King explains that tort law reforms in the US are meant to place a ceiling to payments on non-economic losses ranging from between $250,000 in Kansas, Tennessee, and Montana to more than $1million in Nebraska, Indiana, and Virginia. He explains that tort reforms are aimed at reducing the number of claims made, as well as the size of claims with the sole aim of lowering insurance premiums to make other products that come along with it more affordable. This article by King is reliable in the study of tort reforms in the US because Stephen King, as an individual, is a distinguished scholar in the field of Business and Economics at the Monash University Caulfield, Victoria; Australia (King, 2010, p. 577). King’s article gives an empirical approach to the topic to prove the theory he is postulating. This therefore makes the article reliable. The article is published in the Economic Record Journal, which is a journal published by the Economic Society of Australia, which is an authority in economic matters in Australia recognized in the world over (King, 2010, p. 563). In the article ‘Public Choice and Tort Reform’ of 2005, Paul Rubin explains the origin, existence, and the future of tort law together with the need and consequences of its reform. Rubin explains that several interest groups that tend to shape tort, in its origin and reform, to meet their own agenda influence (Rubin, 2005, p. 224). He therefore approaches it from a public choice point of view to find out the public’s interest in tort reforms. He narrows the reforms down to the US in relation to the special groups’ interest. This follows because tort has been shaped up by special interest lobbying and what can be described as rent seeking by trial lawyers. The article bring s out the cost of tort on the economy. It explains that the cost of tort in relation to GDP is 2.2% of GDP, and that other costs like administrative costs and lawyer fees make up about 87% of the total tort cost ((Rubin, 2005, p. 228). This article by Rubin is reliable in explaining tort reforms in the US because it comes along with facts that it has used for its argument to reach its conclusion. The article is authentic because, for it to qualify to appear in the public choice journal, it has met all the stringent conditions for any academic articles for the purpose of publication (Rubin, 2005, p. 236). Howard Brody et.al in their paper entitled ‘Professionally Responsible Malpractice Reform’ in the Journal of Internal Medicine explores the relationship between negligence, medical malpractice, and tort reforms. The authors explain that most medical practitioners are not versed with the tort laws because they fall under a very different field, and they are too broad (Br ody, 2011, p. 808).Advertising We will write a custom research paper sample on Tort Reform in the United States specifically for you for only $16.05 $11/page Learn More They explain that, if medical malpractice is taken care of well, then incidences that require the intervention of tort law or action within the medical field will reduce (Brody, 2011, p. 808). The paper further explains that physician-centered tort reforms in the US are aimed at protecting physicians by limiting the number of malpractice suits filed against the practice in a bid to punish lawyers who are accused of bringing in frivolous malpractice suits. This is discovered to be used by doctors to cover them up against litigation and not necessarily to cap tort payments (Brody, 2011, p. 809). In finding out the authenticity of this paper and if it can be used as an authority for tort reforms in the US, the answer is yes. Medical malpractice, specifically physician negligence, is one of the major categories covered under the tort law and thus the need to reform tort in the US will most definitely fall within this document. The document has been prepared by Howard Brody et al who have an authority in medical matters as holders of a PhD in medicine. Therefore, he is an authority in this matter. Janelle Blake et.al explores efforts that have been made by the state to curb medical malpractice reforms in her article titled ‘The Us Medical Liability System: Evidence for Legislative Reform’, which was published in the journal Annals of Family Medicine. In the article, she evaluates the effects of previous malpractice tort reforms on malpractice payments and premiums in the US (Blake, 2006, p. 243). Her findings point out that a decrease in misconduct costs could be garnered significantly, â€Å"if non-economic damage ceilings could be put in operation on a national scale† (Blake, 2006, p. 246). Her findings also indicate that noneconomic damage and total d amage ceilings could lead to lower premiums. Further, she reveals, â€Å"statutory tort reforms were not associated with lower rates of payments† (Blake, 2006, p. 246). The study explains that increase in these malpractice premiums together with excessive rewards that litigants are paid and the fear that physicians have against litigation, have led to a rise in healthcare costs thus a threat to access to medical care in the US (Blake, 2006, p. 246). The study can be used as an authentic study material for tort reforms in the US because it tends to bring out reasons for agitation of tort reforms in the US, as well as the cost of a tort action to the economy and society as a whole. This is a scholarly article done using empirical studies to come up with the drawn conclusions. As such, it has been published in a reputable research journal.Advertising Looking for research paper on government? Let's see if we can help you! Get your first paper with 15% OFF Learn More In conclusion, the articles that have been evaluated here concerning their suitability to give advice on tort reforms in the US are authentic and reliable. The conclusion follows since the sources scholarly publications with authority in their different fields. The authors of the same articles are professionals in their fields and have very high academic credentials to cap with thus making them have authority in their respective fields of study. Thus, their opinions can be counted on to advice on the said topic ‘Tort Reforms in the US’. The articles explored have been prepared with facts in hand to prove whatever theory they are trying to postulate about tort reforms. Such facts have been collected from reliable findings done over a period, and are consistent with the requirements of research. Reference List Blake, J. (2006). The US Medical Liability System: Evidence for Legislative Reform. Annals of Family Medicine, 4(3), 240-248. Brody, H. (2011). Professionally Respo nsible Malpractice Reform. Journal of Internal  Medicine, 26(7), 808-809. King, S. (2010). Does Tort Reform Help or Hurt Consumers. The Economic Record, 86(275), 563-577. Lane, J. (2012). Protecting Americans Access to the Courts. Tort Deform: The civil  Justice Defence Blog. Retrieved from tortdeform.com/ Rubin, P. (2005). Public choice and Tort Reform. Retrieved from https://www.jstor.org/stable/30026711?seq=1#page_scan_tab_contents

Monday, October 21, 2019

Basic Concepts of Quantitative Reasoning Essays

Basic Concepts of Quantitative Reasoning Essays Basic Concepts of Quantitative Reasoning Essay Basic Concepts of Quantitative Reasoning Essay As a course that combines both health issues, critical thinking and quantitative reasoning, there is just so much to learn. The issues tackled in this course are an important foundation to health practice, after all health is based on thinking. Apart from the workplace, other life occurrences require accurate analysis, thinking to make sure that decision-making and problem solving is done skillfully, and the best option carries the day (Gambrill, 2005). DISCUSSION Efficiency is not to be compromised in healthcare especially because you deal with life directly. Therefore, it is required that the decision made to solve a problem in the course of duty should be accurate and the best for the condition in question. Through the course, I hope to build my comprehension and thinking capabilities to analyze the data provided by the patient to administer the best prescription (Gambrill, 2005). Apart from that, quantitative reasoning skills that will be taught in the course of study will go a long way in helping in any research that may arise in the quest for rise in the academic ladder or in the line of work. Results in the health practice are pegged on the ability to recall information, consideration of probable causes, and consideration of many points of view to create the premises and arrive at the best solution, which will solve the problem. Therefore, the course will help in attaining good results in treating patients (Lindh et al, 2009). Outside the work place, life situations are tricky and require critical considerations. In that regard, I hope to improve my decision-making and problem solving skills. This will put my life on course and those who may be dependent on me in terms of parents, siblings or even my own family will gain in one way or another. Parenthood especially can use the skills that will be taught especially in negotiation and behavioral correction (Garrod, 1992). Misleading and untruthful information in the workplace and outside can lead to wrong prescription and bad decision-making. This leads to bad results. Through this course, I hope to be acquainted to the skills of validating a statement or argument that may be put across rather than following the blind path, whose result is regret and poor performance in work. This can be from the internet, friends’ advices and wrong articles that lack any scientific backing for evidence (Quackwatch, 2010). A lot is to be learned in this course. Some of the objectives are clear and can be connected directly to the work ahead. Other than that, other topics need in-depth understanding of the application and effects of the issue. For example, â€Å"what are the detrimental effects of lack of critical thinking and inaccurate analysis on treatment of patients? † is something that requires in-depth information that will create an attachment to the course knowing what its relevance is. In mind, lack of critical thinking and analysis of skills of content can lead to wrong prescription that has adverse and fatal risks to patients is a hypothesis that can be used to investigate the question stated earlier. CONCLUSION The course content has diverse applications directly in the filed of medical practice and other situations in life. It is therefore a crucial and rather interesting to be learning about thinking in the course. REFERENCES Gambrill, E. D. (2005). Critical thinking in clinical practice: Improving the quality of judgments and decisions. New York, NY: John Wiley and Sons. Garrod, A. (1992). Learning for life: Moral education theory and practice. Westport, Connecticut: Greenwood Publishing Group. Lindh W. Q. , Pooler M. , Tamparo C. , Dahl, B. M. (2009). Delmars Comprehensive Medical Assisting: Administrative and Clinical Competencies. Florence, KY: Cengage Learning Quackwatch. (2010). Quackwatch Mission statement. Retrieved on 17th August 2010 quackwatch. com/00AboutQuackwatch/mission. html