Contracts and Negligence Assignment Essay Example for Free

Contracts and Negligence Assignment Essay Q. 1.1 A Contract is an agreement that is obligatory when imposed or acknowledged by law. (Peel, 2010). An agreement is a contract when forged with the willing approval of those involved in the contract, for a legal consideration and with a legitimate object, and not hereby expressly declared to be void (Malaysian Contracts Act, 1950). Contracts can either be Bilateral or Unilateral. Bilateral Contract is an agreement where a promise is exchanged for a promise. For instance, contract for the sale of goods is a bilateral contract. The purchaser promised to purchase the goods, in return for the seller’s promise to supply the goods. Figure 1 Source: https://www.google.co.uk/search?q=drawing+of+bilateral+contract+by+wikispaces The above shows both sides promise to do something Unilateral Contract occurs where just one person makes a promise open and available to anyone who performs the required action. For example: â€Å"collecting the reward such as  £100 for a lost document or pet† is unilateral contract. Figure 2 Source: http://www.images.123.tw/unilateral-contract/ The above shows only one side promises Contract can also be oral or written. Furthermore in order for a contract to be valid the offer and acceptance criteria must be met. The lawfully acceptable method for a contract to be binding is illustrated in the diagram below. This is known as Formation of Contract. Figure 3 Source: (www.laws1008.wikispaces.com) A Contract comprises of six important elements before it becomes valid and these are; Offer, Acceptance, Consideration, Intention to create Legal relation, Certainty and Capacity. If a single one of elements mentioned above is missing, the agreed contract will become illegal. The main elements are explained below: Offer: This is the first element in a valid contract. According to Peel (2010) an offer is â€Å"an expression of willingness to contract on specified terms, made with the intention that it becomes binding once it is accepted by the person to whom it is addressed†. An offer must be communicated and should be explicit. The person putting up the offer is referred to as offeror whilst the individual who receives the bid (offer) is referred to as the offeree. However, an offer must be distinguished from invitation to treat. There are two cases to be considered here. One case is Gibson v Manchester City Council (1979) Mr Gibson was sent a letter that informed him the council ‘may be prepared to sell the property to him for  £2,180 freehold†. The City Treasurer stated in his letter that â€Å"This letter should not be regarded as firm offer of a mortgage†. Included in the letter was the instruction on how to complete and return the enclosed application form to make a f ormal request to purchase the property. Mr Gibson did as he was requested but  because of unanticipated change in political leadership of the council, the proposed action to sell houses to tenants was changed and Mr Gibson was notified accordingly that it would no longer be possible for him to buy the house. Initially the Court of Appeal affirmed there was a binding contract between the the council and Mr Gibson but the verdict got over ruled on appeal to the House of Lords. The outcome of the judgement states that the first note forwarded by the Council was not an offer to sell rather it is an invitation to treat and further stated Mr Gibson did not accept an offer instead made one when he sent his completed requisitioned form. However, in an identical case of Storer v Manchester City Council (1974), Mr Storer puts in a bid to purchase his council property and he was forwarded an ‘Agreement for Sale of a Council House’ form which he signed and posted it back to the Council. The council received his reply before the political reform affecting the sales of house to council tenants transpired. The Council contended that the ‘Sale of Agreement Form to sell the Council House’ was not an offer and in this instance no contract was contracted. However, the Judges failed to agree and ruled that the form was indeed an offer immediately Mr Storer signed the form and forwarded it back to the Council. It is pertinent to point out the differences between these two similar cases. In the case of Mr Gibson no ‘Agreement for Sale’ was prepared and Mr Gibson did not sign. Whereas for Mr Storer’s case there was an agreement; consequently, the bargaining has been done and an agreement attained. Acceptance: Is defined by Chartered Institute of Taxation as â€Å"any words or actions signifying the offeree’s consent to the terms proposed by the offeror†. Acceptance must be final and unqualified. Acceptance should be conveyed to th e offeree. The wordings contained in the terms of the acceptance must be exact wordings in the terms of offer. Carlill v Carbolic Smoke Ball Company (1891) case refers. The company placed an advert in a newspaper, and in addition put a sum of cash on deposit with a bank and say they would pay anyone who contacted influenza while using their products, a remedy for curing flu, coughs, colds, bronchitis. It stated that anyone who had the ailment after taking the medication shall be recompensed with  £100. A consumer, Ms Carlill, took the medication and caught the flu. The firm was sued by her for damages and her case was successful. Consideration: â€Å"means something of value is given by one party to the order: ‘it is the price of  the promise’ (Chartered Institute of Taxation 2013) In Dunlop Pneumatic Tyre Co. Ltd v Selfridges Co. Ltd. (1915) Consideration is â€Å"an act of forbearance of one party or the promise thereof, is the party which the promise of the other is bought and promise thus given for value enforceable†. Selfridges broke the term of agreement and Dunlop sued and lost the case because Dunlop could not enforce the contract because they did not provide any consideration for the promise made by Selfridge. It is important to highlight that ‘past consideration is no consideration. This means that anything done before the promise in return is given is no consideration and it is not adequate to make the promise binding. Types of consideration include: Executed (present) this is when an act is completed. An example is a Unilateral contract Executory this is when promises have been made in exchange for performance of acts in the future. For instance, a Bilateral contract Past consideration. In addition there are certain requirements for consideration to be valid and these are: It must not be past. However, there are exceptions such as:  (a) Previous request where the promisor has previously asked the other to provide services. Lampleigh v Braithwait (1605) (b) Business Situations, that is, when a thing is done in business and both parties perceived that it will be paid for. Casey’s Patents (1892) refers. (c) The Bill of Exchange Act 1882 Section 27 (1) says â€Å"provided that previous debt is valid for a bill of exchange†. It has to be forbearance to sue that is, if an individual has valid claim against another person but promises to forebear the enforcement. Combe v Combe (1951) Alliance Bank v Broom (1864) It should be passed at the request of offerer. Durga Prasad v Baldeo (1880) It must move from the promisee. Dutton v Poole (1677) Tweddle v. Atkinson (1861) It must be sufficient. Thomas v Thomas (1842); Chappel v Nestle (1960). Cannot consist sol ely on sentiment value White v Bluett (1853) It must be legal that is not doing things that are immoral Wyatt v Kreglinger and Fernou (1933) Performance of existing duty that is, person carrying out duties that under general rules, they are required to do will not provide consideration. Traditional authority for rule: Collins v Godefroy (1831).  Carrying out additional duties: Glasbrook Brothers v Glasmorgan County Council (1925) Existing Contractual Duty this is where an individual has promised to do a thing already obligated to them under a contract that will not amount to a genuine consideration. (Stik v Myrick (1809) 2 Camp 317; Hartley v Ponsonby (1857); William v Roffey – if a 3rd party is owed for existing contract Duties to pay debts. This is where debts are paid in instalment. This is not a valid consideration and it is known as Pinnel’s Case. Foakes v Beer (1884) Intention to create legal relations: Parties to the agreement must intend to go into a legally binding agreement or contract. This is an intention from the two involved parties to go into a lawful and binding association. If there is no intention the agreement will be void. Intention to create legal relations could be: Commercial or business relations. Kleinwort Benson Ltd v Mining Corporation Bhd (1989), or, Social friend’s relation. Simpkins v Pays (1955) and Family or domestic relations. Balfour v Balfour (1919). Capacity: All those involved in a contract should possess legitimate ability to go into it. An individual unsafe physically, demented or a minor under the age of 18 cannot go into a binding. However, certain groups of people who have limitations such as mental health issue, drunks and minors under the age of 18. Those are the mentally ill, Minors under the age of 18 as stipulated by the Family Reform Act 1969. e.g. Chapple v Copper (1844) where a service was considered necessary but in the case of Nash v Inman (1908). Where a waistcoat was supplied to a minor would have been considered necessary but in this case it was the other way round as, purchase of the waistcoat is not necessary because the father had already provided the minor with several waistcoats. If a minor procure a luxurious thing and did not acquire because of necessity, the minor is liable and be responsible for his action. Privy of Contract means that â€Å"a contract cannot under normal situation confer rights or impose responsibilities emerging from it on any person except those involved in it. It is also known as â€Å"Rights of the third party Act 1999†. Treitel (2004) It isin also the relationship between the parties to an agreement, though there are exceptions, Q. 1.2. Face to Face (Verbal or Oral): This is â€Å"an agreement based on spoken promises, however it may be difficult to prove and it legally binding and  both parties will understand what they have agreed to and bargained in good faith†. www.ehow.com Phillip v Brooks (1919) case refers. It is case that involved a thief who falsely pretended to be Sir George Bullogh and bought jewellery under Sir Bullogh’s name with a cheque. The thief convinced the jeweller to part with the ring because his wife’s birthday was next day. The jeweller was convinced the was indeed Sir Bullogh after checking the address directory which tallies with Sir Bullogh’s address details. As soon as the rogue left, he sold the ring under the false name of Mr Frith and vanished into thin air. The claimant instituted a unilateral mistake of identity legal action. The case was affirmed that the transaction was not void for mistake because the parties transacted a face-to-face contract and in law it was assumed they dealt with the person before them and not the person they claimed to be. Written Contract: This is a written document indicating an agreement between two individuals. The parties can be human beings, organisations and businesses. All parties will have to append their signature to the contract to be legitimate. It also acts to protect both parties from breach of contract. www.wisegeek.com On-line: This is also known as Distance Selling when goods are sold to consumers void of face-to-face contact and done through Internet, e.g. Amazon.co.uk, eBay, booking vacation and on line banking. This type of transaction is governed by the Distance Selling Act 2000. Four contractual elements are contained in on-line contracts: offer, acceptance, consideration and intention. Contracts by Deed: â€Å"is a written document signed by the promisor and it must be clear be clear in the wording of the document that is intended to take effect as a deed. The must be witnessed by a third party. (Chartered Institute of Taxation 2013). The property title will not be given to the potential buyer until the final payment is made. It is also referred to as Sales Contract. Q. 1.3. Terms are the contents of contract. It is used in the civil law, to denote the space of time given to the debtor to discharge his obligation. Terms could be expressive resulting from positive stipulations of an agreement. It could be of right or of grace it is not within the agreement. Terms are of grace when it is afterwards granted by the judge at the requisition of the debtor. Contracts terms may be expressive or implied and could be classified as either: conditions, or warranties or innominate terms. www.tutor2u.net An express term is one that  has been particularly stated and agreed by both individuals at the time the contract is executed. It could be written or oral. www.tutor2u.net Implied terms are words or stipulations that a court presumes were planned to be incorporated in a contract meaning the terms are not expressively mentioned in the contract. www.elawresources.co.uk It could be: Terms implied through custom, Hutton v Warren (1836) EWHC J61; In fact. The Moorcock (1889) 14 PD 64 At Law Shell UK v Lostock Garage Limited (1976) 1 WLR 1187 There are two main types of implied term: (a)Terms implied by statue for example Sales of Goods Act 1979. There are about four key provision but I will use Section as an example that says â€Å"goods should be of ‘satisfactory quality’ meaning they should be up to standard a rational individual would consider â€Å"satisfactory† and if the purchaser says the good is being purchased for a distinct reason, there is an implied terms the products are suitable for the intended purpose. www.tutor2u/net (b) Terms implied by law courts an example is if the courts held that landlords of blocks of flat should keep the communal areas including lifts, stairs etc. in a reasonable state of repairs – so that the term was implied into the rent contract. an example case is Liverpool City Council v Irwin (1977) AC 236 HL Innominate term this when the parties involved fail to classify the commitments in the contract, the court will hold that they are unattested and apply the ex-post ‘consequence of breach test ’. The judgement given will depend on the magnitude of the breach. Case of: Hong Kong Fir Shipping v Kawasaki Kaisen Kaisha (1962) 2 QB 26 refers. Condition is a paramount term of the contract that goes deeply into the contract. For example if a proviso is contravened the guiltless party is entitled to renounce the contract and claim compensations. In the matter of Poussard v Spiers (1876) 1 QBD 410. Madame Poussard entered into contract to perform as an opera singer for three months. She was ill five days before the opening night and unable to perform for four days, held that she breached condition and that Spiers were entitled to end the contract. Warranties are minor terms of a contract which are not central to the existence of the contract. If a warranty is breached the innocent party may claim damages but cannot end the contract. Bettini v Gye (1876) QBD 183.  Trader puff is an expression of exaggeration made by a sales person or found in advertisement that concerned the goods offered for sale. It represents opinions instead of facts and is usually not considered a legally binding promise. Example of trader puff: â€Å"this is in good shape† and â€Å"your wife will love this car† Representation Term â€Å"is used in reference to any expressed or implied statement made by one of the parties to a contract in the course of negotiation to another regarding a particular fact or circumstances that influence the consummation of the deal and if not honoured the innocent party may bring an action for misrepresentation. (There are three types of misrepresentation as follows: Innocent, fraudulent and negligent misrepresentations (e-law resources) Learning Outcome – 2: Mini-case A The case above is an expressive term Bi-lateral case one involving Fiona and her uncle which involves offer and acceptance. Uncle Arnold was the offerer and Fiona the offree. The offer here was  £15,000. The main element of this case was that of acceptance. The agreement failed due to non-acceptance and time as consideration because the uncle said â€Å"fairly quickly† with a third party involved â€Å"I have already had a good offer from my colleague† so the following is to be considered when giving the verdict: Term: Offer  £15,000 and Acceptance by Fiona, Bi-lateral, both written and expressive Consideration – Time fairly quickly Third Party involved with better offer (Privity) Even though no clear straight form of acceptance occurred it is still a legal binding agreement but in this case Fiona cannot claim compensation for breach of agreement because it failed due to her delay and negligence in not responding in time. Therefore, if Fiona decides to go to court her case is not substantial enough to award her for damages. However, under vicarious liability Fiona can make a claim in court if she wishes. An example is Harvey v Facey (1893) AC 552 Privy Council. This was a case between Harvey and Facey in which correspondences were exchanged regarding sales of bumper Hall Pen asking for the sale of the property. (This was a distance offer as it was done through telegram). When Harvey asked â€Å"Will you sell us Bumper  Hall Pen?†. Facey responded â€Å"Lowest price for the Bumper Hall Pen  £900† to which Harvey responded â€Å"We agree to purchase Bumper Hall Pen for  £900 asked by you. Please forward your title deed so that we may get early possession†. Unknown to Harvey Facey was already negotiating with Kingston Council. The transaction failed and Harvey sued Facey. The issue in this case is â€Å"was that there was no clear offer† from Facey to sell the property to Harvey so the Privy Council ruled that â€Å"An offer cannot be implied by writing. It can only be concrete and sound. The appellant Harvey cannot imply that Facey made an offer when he did not† (www.casebriefsummary.com) Mini case B This is a distance, face-to face executed consideration and unilateral case involving offer of intention made by Mrs Smith open to everyone so no need for acceptance in this instance. The offer here is the reward of  £10 if her lost cat is found which did not involve transport cost. Mrs Smith refusal to David  £25 which include cost of transportation is valid and justified as payment for transportation was not included in the advert so therefore David has no case and could not claim for compensation if he goes to court. See Leonard v PepsiCo. PepsiCo placed a superfluous television advert stating â€Å"Pepsi points† if Pepsi was drank highlighting a young person arriving at school in Harriet jet and mentioned that the Harrier jet was for 7,000,000 Pepsi points. Leonard attempted to collect the Harrier jet by forwarding 15 Pepsi points accompanied with a cheque for $700,000.00 in order to obtain the Harrier jet. PepsiCo refused the delivery of the Harrier jet. Leonard lost the case because advertisement was not an offer. Mini-case C Mrs Harris, the owner of three rented houses in Extown, asks her next-door neighbour, Ted, to collect rent from the tenants for her while she is abroad on business. Ted collects the rents and when Mrs Harris returns, she says to him, â€Å"I’ll give you  £50 for your work†. Later Mrs Harris refuses to pay Ted. Here is a bi-lateral verbal, expressive offer and acceptance case between Mrs Harris and Ted. The main contract element issue here is consideration because the act has already been performed by Ted before the agreement was met. Even with no binding agreement, the ‘rule of consideration applies in this case’ because consideration can never be past or post, therefore in this case, Ted can sue Mrs Harris for consideration and breach of Contract  for his claims. For example see the case of Labriola v Pollard Group, Inc. (2004) Mini-case D The above is an offer and acceptance bi-lateral expressive written contract case between Lynx Cars Ltd and Roadstar Ltd though the agreement is not legal binding. The offeror is Lynx Cars Ltd whilst the offeree is Roadstar Ltd. The contract term as stated here are the quantity of cars (2000), time limit of five years with no financial loss incurred. Roadstar Ltd was informed in good time of just four weeks cancellation into the agreement. My verdict is that for Roadstar Ltd to make a claim the agreement must be legally binding which is missing in this case. Therefore Roadstar can withdraw from the agreement but cannot make any claims for compensation because of reasons given above. Mini-case E The above case was initially a unilateral case because it was advertised and opened to all but after the agreement was signed between Slick Cars and Paul it became Bi-lateral. The agreement was also an expressive one with contract term of conditions, warranty and trade puffs met. However if in the future something goes wrong with the car, Paul is not entitled too claims because all the sales conditions were met as of the time of purchase. Also if the car was discovered to have been stolen, Slick Cars Ltd and not Paul will be liable for prosecution. The warranty on the car includes the refund of road tax payment and an implied term of â€Å"buying a car from their hundreds of cars†. All the conditions regarding the sales of the car have been met bargain including the traders puff. My advice to Paul is to go ahead and buy the car as he has no liability regarding the car even if the car was to be a stolen one. However if the Trade puff does not represent what the advert says, or any of the condition is missing, Paul has the right to terminate the agreement his money will be refunded but will not be entitled to any compensation. However if the Trade puff defaults and Paul has evidence to support it, Paul can sue for compensation. Verdict Paul to buy the car but he should bear in mind that the warranty cannot end the contract but again, he could be compensated. Carlill v Carbolic Smoke Ball Company (1891) case refers. Mini-case F The above is a clear case of tort negligence and breach duty of care. Negligence failure on Duty of Care on both the part of the Council and the Leisure Centre. The Council’s notice was partially obscured so not visible to Jim and his wife, also the Council should have cut the overgrown shrubs failure to do this is maintenance negligence as this accident could have been prevented in addition Jim’s car damaged by the Council van is a health is an implied term and safety issue for which the Council is liable. The Leisure Centre on the other hand did not show any Duty of Care when the accident happened and therefore liable to pay for injuries and other related costs. In view of the above, it is my considered advice that Jim and his wife get compensated. See Blake v Galloway (2004) CA Q. 3.1 Tort is a civil wrong committed against an individual and originated from the Latin word tortum meaning â€Å"twisted wrong† and also conceded in court law as arguments for a legal action that can be resolved through compensations. See, e.g. Smith v. United States, 507 U.S. 197 (1993). This is a case involving the of a husband who got killed whilst working for a private firm under contract to a Federal Agency in Antarctica a region with no recognised government and without civil tort law and the wife sued The United States under the Federal Tort Claims Act (FTCA) for wrongful death in action. The case was dismissed by the District court for lack of jurisdiction because Mrs Smith’s case was stopped by FTCA’s foreign country exception policy that states that the statute’s waiver of sovereignty immunity does not apply, however, the Court of Appeals affirmed. (https://supreme.justia.com/cases/federal/us/507/179/case.html) The principal reason for tort law is ensuring compensation is given for the injuries sustained and to prevent others from committing the same harms. Inclusive of the types of injuries the injured party may recover are: loss of salaries fitness, pain hardship, and rational medical costs. These are inclusive of both present and future expected losses. Tort could be in form of trespass, assault, battery, negligence, products liability, and intentional infliction of emotional distress Torts are classified into three categories as follows: Intentional torts: These are intentional acts that are rationally and foreseeably done to injure another person. Intentional torts are unethical behaviours the defendant knew or should have known could transpire as a result of their actions or inactions, an example is to intentionally hit a person. Case of Broome v Perkins [1987] Crime LR 271 refers. The appellant was diabetic and drove in an unsafe manner whilst suffering from hypo-glycaemia, a low blood sugar level caused by an excess of insulin in the bloodstream. His claim of non-insane automatism failed because of evidence that he had exercised conscious control over his car by veering away from other vehicles so as to avoid a collision and braking. His was found guilty for driving without undue care and attention Negligent torts are the most common tort used to describe behaviour that constitute unreasonable risks to harm to a person or property or where the defendant’s actions were irrationally precarious. Vaughan v Menlove (1837) 3 Bing NC 467 in this case the defendants haystack caught fire because of poor ventilation. The defendant had been warned several times that the haystack could cause fire but he contended he had used his acumen and did not anticipate a risk of fire. The court held his logic was inadequate. He was adjudged by the standard of a reasonable man. (www.e-lawresources.co.uk) However, it pertinent to mention that not all wrongful act is a tort. In order for a tort to be constituted the following must exist: Every wrongful act is not a tort. To constitute a tort, There must be an unjustified action carried out an individual person The unjustified action must be serious in nature to have given warranted a judicial relief and Such judicial relief should be in the manner of an action for un-established injuries. Strict liability torts are when a person places another in danger in the absence of negligence because he possessed weapon, animal or product and it is not compulsory for the plaintiff to prove negligence meaning :mens rea†. http://education-portal.com See Sweet v Parsley 1970 HL This is a case involving a landlady who lets rooms to tenants however she kept a room for herself and visits once in a while to collect her letters and the rent. In her absence the house was raided by the police and cannabis found. She was  found guilty under s5 of the Dangerous Drugs Act 1965 (now replaced), of being concerned in the management of premises used for the smoking of cannabis. She appealed and claimed no understanding of the situation and could not be expected to rationally have acquired such understanding. Her conviction was revoked by The House of Lords, due to lack of proof that she purposely rented her house to be used for drug-taking, since the statute in question created a serious, or truly criminal offence, the judgement convicting her would have grave consequences for the landlady who is the defendant. Lord Reid stated that a stigma still attaches to any person convicted of a truly criminal offence, and the more serious or more disgraceful the offence the greater the stigma†. Lord Reid in furtherance pointed out that it was inappropriate to levy her for total liability for this type of wrongdoing because the people who were in charge for renting properties are not likely to have anticipated everything that their tenants were doing. It is imperative to mention that there are both similarities and differences in torts. Similarities between tort and contract laws The above two laws share the same similarities in that they are both civil wrong. In tort the injured person will claim damages with a classical example of Donoghue v Stevenson (1932) whilst in contract the injured person will sue for compensation an example is the case of Dunlop Pneumatic Tyre Co. Limited v New Garage Motor Co Limited (1915) A C 79. In both tort and contract violations monetary rewards or any payment that will atone for the losses Differences between tort and contract laws are shown in the table below: Tort Law Contract Law No relationship with the claimant, could be total stranger Claimants could be known to each other and parties to the contract Consent not necessary liability is warranted by one individual against another Consenting parties are involved Tort is punitive Contracts is positive, creative situations Tort is used to claim compensation by the injured party Contract involves two or more parties In tort damages are imposed by court or negotiated In Contract compensations are awarded as stipulated in the contractual agreement Tort law is not codified Contract law is codified Tort law safeguards right in rem available against everyone It protects rights in personam meaning against a particular person Damages are un-liquidated Damages are liquidated Source: http://www.acadmia.edu Q. 3.2 Negligence is the failure to take reasonable care or exercise the required amount of care to preventing harming others. An example is where an accident occurs that injured another person or cause damage to the car because the driver was driving erratically, the driver could be sued for negligence. http://www.thismatter.com Negligence in behaviour and duty usually have a disastrous effect on individuals and the society as whole, and in order to protect the society from these dangerous acts, legal steps are taken such as included in the elements of negligence. Consequently, elements of negligence as explained below: Duty of Care: is the statutory obligation made mandatory on every rational human being of sound mind to exercise a level of care towards an individual, as reasonably in all the situations, so as to avoid injury to other fellow human being from being or damage his or her property. An example is the celebrated case of Donoghue v Stevenson (1932) in which the claimant drank gi nger beer bought by her friend containing a dead snail causing her harm . This case brought about the â€Å"neighbour principle test† and according to Lord Atkin â€Å"Reasonable care must be taken to avoid acts or omission which one can reasonably foresee to injure one’s neighbour and this brought about the question ‘Who then in law is my neighbour?’ Neighbours are those individuals who will be closely and directly affected by one’s act† This case led to the Neighbour’s principle. Duty of care is therefore based on the relationship of different parties involved, negligent act or omission and the reasonable foreseeability of loss to that person http://.www.carewatch.blogspot.co.uk. The loss here may arise as a result of misfeasance or nonfeasance and may also cause pure  economic loss as I the case of Ultramares Corporation v Touche (1931) and psychiatrist damage or nervous shock. Case of Alcock v Chief Constable of South Yorkshire Police (1991) refers In order to establish a Care of duty, the listed bullet points below also known as the tripartite contained in negligence must be met: The element must be reasonably be foreseeable There must be a relationship between the claimant and the defendant It must be fair, just and reasonable in such environment or situation for a duty of care to be sanctioned. Example is the matter of Caparo v Dickman (1990) HL a case involving auditors certifying false account for the company. (www.sixthformlaw.info) Breach of Duty: is where the defendant fails to meet the standard of care as stipulated by law and to confirm if the defendant owed the plaintiff any moral or obligatory duty. However the defendant is not enforced to have any contractual liability with the plaintiff. The responsibility can be moral or legitimate. Example is the case of Willsher v Essex Area Health Authority (1988) 1 AC 1074 in which a premature babe was given overdose of oxygen by a junior doctor that affected the baby’s retina and made him blind. The case was affirmed as the defendant was in breach of duty (www.e-lawresource.co.uk) Psychiatric Injury: This arises from â€Å"sudden assault on the nervous system (www.lawteacher.net) and until recently was uncertain in tort of negligence. For claimants to make claims regarding psychiatric injury he or she must be able to prove that the injury was genuine. However emotions of grief or sorrow are not enough to cause psychiatric injury Hinz v Berry (1970) 2 QB 40 The Hinz family went out for a day trip when a jaguar driven by Berry ran into the Hinz’s car killing the Mr Hinz and injuring the children. Mrs Hinz witnessed the incident and became depressed but her claim was rejected by the Court of Appeal. Factual Causation: This is the process where it must be proved reasonably in the law that the defendants action led to damage. This in some cases, applying â€Å"but for† test in most cases resolve the disputed tort’s law cases but if it was proved, the fact must go hand in hand with the other elements, in order to make the case valid and if established, then the defendant is said to be liable to damages. The case of Barnet v Chelsea Kensington Hospital Management Committee (1969) in which a Mr Barnett went to hospital and complained of stomach pains and vomiting, he was attended to by a nurse who  informed the doctor on duty. The doctor told the nurse to send him home and visit his GP in the morning. Mr Barnet passed away five hours later due to arsenic poisoning. Even if the doctor had examined Mr Barnett at the time he visited the hospital there was nothing he could have done to save him. The hospital was found not liable but this case introduced the â€Å"but for† test that is, the hospital was not negligent for the death of Mr Barnett. Bermingham. (2005). However, there is no need to prove negligence has a certain pattern or order. The elements are principally the determining rules in assessing whether a certain case is a case of negligence or not. Damages: This is the sum of money a plaintiff gets awarded in a lawsuit. There are various types of damages such as: Special damages: caused by the injury received inclusive of medical and hospital bills, ambulance charges, loss of wages, property repair or replacement costs or loss of money due on a contract. General damages: is a result of the other partys actions, however, they are subjective both in nature and in determining the value of damages. These include pain and suffering, future problems and crippling effect of an injury, loss of ability to perform various acts, shortening of life span, mental anguish, and loss of companionship, loss of reputation in a libel suit, humiliation from scars, loss of anticipated business and other harm. Exemplary (Punitive) damages: This is the combination of punishment and the setting of public example. Exemplary damages may be awarded when the defendant acted in a malicious, violent, oppressive, fraudulent, wanton or grossly reckless way in causing the special and general damages to the plaintiff. On occasion punitive damages can be greater than the actual damages, for example, in a sexual harassment case or fraudulent schemes, though these damages are often requested for, they are rarely granted. Nominal damages: These are damages awarded when the actual harm is minor and an award is necessitated under the circumstances. The most famous case was when Winston Churchill was awarded a shilling (about 25 cents) against author Louis Adamic, who wrote that the British Prime Minister had been drunk at a dinner at the White House. The Times. (1947) Liquidated damages are damages pre-set by the parties in a contract to be awarded in case one party defaults as in breach of contract. The case of Dunlop Pneumatic Tyre Company v New Garage Motor co (1915) AC 70 refers. Defences for  Negligence: This is where the defendant tries to introduce evidence that he did not cause the plaintiff’s damage or injury. (www.injury.findlaw.com) There are several defences obtainable to negligence claims such as: Violenti non fit injuria: This is a Latin phrase which means â€Å"for a willing person, there is no harm† and used in civil cases as a defence especially when the claimant voluntarily assented to start legal risk of harm at his own peril. In the case of: Smith v Baker (1891) AC 325. The plaintiff was employed by the defendants on a railway construction site and during the course of his work rocks were moved over his head by a crane. It was known to both the plaintiff and his employers that there a risk possibility of a stone falling on him and had earlier complained to his employer about the risk A stone fell and injured him and he sued his employers for negligence. His employer pleaded violenti non fit injuria and declined by the court because although the plaintiff knew about the risk and continued to work but no evidence shown that he voluntarily undertook to run the risk of injury, but his continuance to work did not indicate volens (his consent). Contributory negligence: This defence applies where the damage suffered by was caused partly both by the claimant and the defendant. Here the defendant must prove that the claimant failed to take reasonable care for his own safety and this caused the damage. This was enacted in the Law Reform Contributory Negligence Act 1945 according to Cracknell (2001) that (1) â€Å"Where any person suffers damage as the result is partly of his own fault and partly of the fault of any other person or persons, a claim in respect in respect of the damage shall not be defeated by by reasons of the fault of the person suffering the damage, but the damages recoverable in respect thereof shall be reduced to such exte nt as the court thinks just and equitable having regard to the claimant’s share in the responsibility of the damage† so, if contributory negligence is confirmed the claimant would be awarded the cost proportional to his own fault of the damage. For example if the claimant was entitled to  £20,000.00 (Twenty thousand Pounds and he was responsible for 25 per cent of the damage, the claimant would be awarded  £15,000.00 (Fifteen thousand Pounds only). However, sometimes contributory negligence operates in complete defence as in Common law where the court found the claimant to be partially blame for their injuries they might receive nothing. In the case of Butterfield v Forrester (1809) 11 East 60  the plaintiff was injured when rode his horse erratically and ran into a post obstruction negligently left on the road by the defendant near his house with the intentions of carrying out repairs. A witness confirmed the plaintiff (Butterfield) was riding dangerously and could not avoid the post. The witness further testified that if the plaintiff was not riding dangerously he would have seen the post and the accident would have been avoided. The plaintiff was found guilty of contributory negligence and received nothing. Froom v Butcher (1976) QB 286. The driver of a car did not use the safety belt and was seriously injured in the accident with the defendant’s car as a result of the defendant’s negligence. The injuries sustained by the driver would not have been that serious if he wore the seat belt. His damages were reduced by 20 per cent by the Court of Appeal. This accident resulted in the introduction of not wearing safety belt as a criminal offence. Statutory or Common Law Justification: In certain situation a person may have a worthy defence to a tort action if he has valid evidence that his actions are covered by statutory rule and applicable law or legislation. A good example is the Police and Criminal Evidence Act 1968 distinctly setting out the power of Police to arrest, stop and search and entry. If these powers are used fairly and responsibly, the Act will yield a good defence to a tort action. Self-defence might possibly be a good justification in common law for tortious actions as in the case of R v Gladstone Williams (1984) 78 Cr. App. R. 276. Ex turpli causa non oritur actio (Illegality) : This is coined from Latin to mean â€Å"of an illegal act there can be no lawsuit† (www.legal-glossary.com) In the case of Vellino v Chief Constable of Greater Manchester (2002) 1 WLR 218 Court of Appeal Vellino was a regular offender with history of convictions. He was arrested and as usual tried to jump from the second floor window and got himself injured seriously. The Police were aware of his several attempts in the past and knew this to be dangerous but did nothing to stop him from escaping. In his attempt to escape from the second floor he injured himself and suffered fractured skull resulting in brain damage and quadriplegia also known as tetraplegia, a paralysis caused by the injury he sustained making completely dependent on people for support. Vellino sued the Police and claimed they owe him duty of care to prevent him from injuring himself which the Police denied and in their defence raised ex ‘turpi causa’ that it was a criminal  offence for an arrested person to attempt to escape. The claimant’s appeal was dismissed. Consent: Is a full defence raised in civil cases especially when a defendant is sued for civil litigation for committing an intentional tort. . It is also referred to as assumption of risk and it plays an important role in law. In common law consent is regarded as a necessary ingredient for creating a binding contractual bargain. In addition Consent is very closely linked with â€Å"volenti non fit injuria†. Below are the types of Consent: Express Consent: Is when the defendant agreed to willingly submit to plaintiff’s action. For example, Tom willingly takes part in a tackle football game and Henry tackled Tom, Tom suffers a knee injury. Henry is not liable because Tom obviously consented by agreeing to take part in the game. Implied Consent: is deduced from plaintiff’s conduct. (O’Brien v Cunard S. S. Co., 28 N. E. 266 (1891) Plaintiff was a passenger abroad on one of the Defendant’s ships. She was vaccinated whilst on the ship and suffered complication resulting in injury. She sued for assault and injury. Her case was dismissed on the grounds that she did not object when the defendant’s doctor indicated he wants to vaccinate her. Informed Consent: This is an individual’s agreement to allow something to occur made with full knowledge of the risks involved and other options to his chosen course of action. However, consent by the plaintiff does not authorise the defendant to do whatever he wishes to the plaintiff because of the contact that the defendant made with the plaintiff should not go beyond what the plaintiff consented to. For example, if I visited my Dentist to remove a rotten tooth and in the process he noticed a tumour and removed it without my consent. I could sue my GP for assault and injury because I did not consent to him to remove the tumour I only consented to him to remove my rotten tooth. (1) Consent will be void if it is obtained by trickery or by fraudulent means. Bartell v. State 82 N.W. 142 (Wis. 1900). Case refers. (2) Consent will be void if it is given under duress or threats of physical force. (3) Consent will also be void if it was given as a result of a mistake and the mistake was (a) Caused by the defendant, or (b) The defendant was aware of the mistake and he did not alert the plaintiff. Necessity: It is an affirmative defence that is raised when a tortious act is committed by an individual, for the prevention of greater harm or injury from occurring to the community, defendant or defendant’s property. Regina v Dudley Stephen (1884) 14 QBD 273 DC. In this case, Dudley and Stephen the defendants and Brooms were ship wrecked with Parker, a fellow young seaman. They have been without food and water for almost three weeks. The defendants killed Parker to provide food for themselves to save them from starvation but Brooms dissented. They were found guilty of murder (www.casebriefs.com) Q. 3.3 Vicarious liability is â€Å"one which on one individual as a result of an action of another†. Rutherford and Bone. (1993). For example, is the liability of an employer for the acts and omission of his employees. It can be regarded as strict liability due to the defendant not being at fault. The most popular vicarious liability is when the employee otherwise the ‘tortfeasor’ commits a tort while in his employer’s employment, the employer is held liable and this due to the doctrine of ‘respondeat superior’ a Latin phrase meaning ‘let the master answer’ . For a court to establish if an employee acted whilst in employment the following must be confirmed if: Did the action happen whilst the employee is at work and during working hours? Did the employer employ the employer when the incident occurred? Was the injury due to the actions of the employee in the role the employed was hired? Example is the case of Mattis v Pollock (t/a Flaming o’s Nightclub) (2003) EWCA Civ 887 The bouncer was employed by Flamingo night club and in the course of performing his duty he got into a fight with one the customers and stabbed the customer. His employer were held liable for the injuries caused to the customer. Other case example is Other was in which a business can be liable in vicarious manner is when the employee acted in an unauthorised ways whilst performing the contractual duties, or when the employee acted against his employer’s instruction, or if the employee commits fraud and  acted against his work boundaries. In all the above, the employer is still liable vicariously. Examples of different cases are enumerated below: In the case of Century Insurance Co. Road Transport Board (1942) AC 509 HL and Limpus v. London General Omnibus Co (1862). The driver o a petrol tanker was in employment whilst transferring petrol into and underground storage tank. He struck a match to light a cigarette resulted in explosion that caused a lot of damage. It was held negligent the driver was negligent in carrying out his duties and his employer was found negligent. Limpus v. London General Omnibus Co. (1862) in this case th e driver was speeding to collect passengers and purposely obstructed the driver of a rival company and overturned the latter’s bus despite that the bus driver had been warned strictly not to cause obstruction. His employer LGOC was found liable Employee committing a fraud whilst in employment is illustrated in the case of Lloyd v Grace, Smith and Co. 1912 in this case the plaintiff wants to sell some cottages and went to the solicitors. The managing clerk of Lloyd conned the plaintiff to transfer the cottages to him and embezzled part of the mortgage money. Lloyd was sued by the employee and they were found liable for the fraud committed by the clerk even though it was only the clerk who benefited from the fraud. Control Test: The control test was the original test that has its origin in master and servant law and it also explore who has dominance over the way work is carried out the work. This test was applied in Mersey dock and Harbour Boards v Coggins and Griffiths Ltd (1946) Mersey Dock was in charge of training and for providing crane operator to organizations. Mersey contracted one of his operators to Stevedore Company and caused injuries through his negligent in operating of the cra ne. Mersey Dock was found liable as it was assumed the crane operator was in their employment as a contractor. Finally, the Employee’s criminal behaviour is one of the positive factors of how a business can be vicariously liable because if whilst in employment commits any criminal action his employer is liable vicariously the case of Heasemans v Clarity Cleaning (1987) Court of Appeal where the defendant employed an office cleaner who in the course of her duty used the plaintiff’s telephone for international calls. The appeal of the contactor was successful as it was held that was not vicariously liable for his employee’s act Health and Safety Act 1974: It is also referred to as HSWA or HASAWA is the main piece  of law or legislation that covers occupational health and safety at work and gives wide-ranging duties on employers to ensure in a reasonable practical manner the health, safety and welfare at work of all employees, likewise it also expect some degree of responsibilities from employees. Source: (http://www.hse.gov.uk/legislation/hswa.htm) The main purpose of this Act is to ensure: The security, of health and safety as well as the welfare of individuals at work To protect individuals against risk to health and or safety in relations to the activities of individuals at work To control and prevent the use of illegally acquired of hazardous dangerous substances. Employers’ responsibilities include: To provide and maintain safety equipment and safe systems at work. To ensure hazardous materials used are properly stored, handled, utilised and transported safely To provide supervision, instruction, information, training at work for employees To ensure the control of certain emission into air To provide a safe working environment To provide a written safety policy/risk assessment for employees Look after the health and safety of others such as the members of public. On the other hand, the employees’ responsibilities include: Taking care of their own health and safety and that of others, failure to do this makes the employees liable Must avoid interfering with things provided by the employer in the interest of health and safety Must cooperate with their employers Source: (http://www.slideshare.net/ManojRNair/work-based-learning-health-and-safety-act-1974) Finally, it is worth mentioning that there are other several relevant legislations amongst which are: Management of Health and Safety at Work Regulations 1999 Fatal Accident Act 1976 Limitation Act 1980 Law Reform (Contributory Negligence) Act 1945 Employers’ Liability (Compulsory Insurance) Act 1969 Employers’ Liability (Defective Equipment) 1969 Civil Procedures Rules (as amended by the Woolf reforms) Sources: (www.leeds.ac.uk) In conclusion the above report has critically and chronically been done and analysed to reflect on all the relevant issues affecting Aspects of Contracts and Negligence. Vicarious Liability. StudyMode.com. 02, 2013. Accessed 02, 2013. http://www.studymode.com/essays/Vicarious-Liability-1451515.html. Page Bibliography In Law, What is the Differences Between Tort and Contract [Online] Available at: http://www.wisegeek.com/in-law-what-is-the-difference-between-tort-and-contract.htm Accessed 28 October 2014 Law on Verbal Contract [Online] Available at: http://www.ehow.co.uk/about_5569485_laws-verbal-agreements.html Accessed on 01 November 2014 Misrepresentaion [Online] Available at: http://www.e-lawresources.co.uk/Misrepresentation.php Accessed 01 November 2014 LAW OF TORTS [Online] Available at https://www.academia.edu/7711371/LAW_OF_TORTS_Distinguish_Between_Law_of_Tort_Criminal_Law_and_Contract_Act Definition of Verbal Agreement [Online] Available at:www.ehow.com/info_7755018_definition-verbal-agreement.html [Online] Accessed 02 November 2014 Contract – Express Implied Terms – Tutor2u [Online]. Available at: http://www.tutor2u.net/law/notes/contract- express-implied-terms.html Accessed 02 November 2014 Breach of Duty [Online] Available at: http://e-lawresources.co.uk/Breach-of-duty.php Accessed on 04 November 2014 Vaughan v Menlove [Online] Available at: http://www.e-lawresources.co.uk/Vaughan-V-Menlove.php Accessed on 04 November 2014 Psychiatric Injury [Online] Available at: http://www.lawteacher.net/health-law/essays/psychiatric-injury.php Accessed on 06 November 2014 Cases –tort-negligence-duty of care [Online] Available

Philosophical Influences: Declaration Of Independence

Philosophical Influences: Declaration Of Independence The Declaration of Independences importance matured greatly throughout history, especially the second sentence, an extensive proclamation of human rights: We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness. This single sentence of proclaiming human rights has been noted as one of the best-known sentences in the English language and the most potent and consequential words in American history. This passage alone has been utilized in many aspects to support the rights of various groups, as well as symbolizing for people a just and honorable standard in which the United States should endeavor. Continuing this important part of the Declaration, That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed. This section of the Declaration that includes these specific words written by Thomas Jefferson were commemorated by the accomplishment of the American Revolution. However, these words were not exactly written of all originality on July 4, 1776. They were in fact not even fashioned out of Jeffersons own novelty or creativeness. It is unquestionably factual that the draft of the Declaration written by Jefferson was intuitive principally from his own perceptive ideas pertaining to government and its foundations, however, he did not assert to be the resource of insight for the ideas and thoughts he wrote on paper. Following the Revolution, and to which Jefferson admitted to, John Adams found fault in the idea that Jefferson had not written anything new for the Declaration. It was Thomas Jeffersons pen that wrote the Declaration of Independence, but who were its authors? The original Declaration was actually signed by fifty delegates to the Continental Congress, however, the document had greater influence past these signers. It is even wondered whether or not the Declaration of Independence contains original ideas. Jefferson describes it instead to be a statement of sentiments widely shared by supporters of the American Revolution. In 1825 Jefferson stated: Neither aiming at originality of principle or sentiment, nor yet copied from any particular and previous writing, it was intended to be an expression of the America mind, and to give to that expression the proper tone and spirit called for by the occasion. TO HENRY LEE Thomas Jefferson The Works, vol. 12 (Correspondence and Papers 1816-1826; 1905). The Online Library of Liberty. May 8, 1825. à ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦ The Declaration cannot be classified as having a single author, but more of having various influences. Thomas Jefferson, one of the principal authors of the Declaration of Independence was the third President of the United States and he was one of the most influential Founding Fathers for his encouragement of the principles of republicanism in the United States. He foresaw America as the power behind a great Empire of Liberty that would support republicanism and oppose the imperialism of the British Empire. Jefferson was attained distinction for numerous things including a horticulturist, political leader, architect, archaeologist, paleontologist, inventor, and founder of the University of Virginia. He was a very honored man due to all of his accomplishments. When John F. Kennedy welcomed 49 Nobel Prize winners to the White House in 1962 he said, I think this is the most extraordinary collection of talent and of human knowledge that has ever been gathered together at the White House-with the possible exception of when Thomas Jefferson dined alone.à ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦.. Thomas Jefferson favored the individual and their individual rights over the government and big businesses. His vision for American virtue included an agricultural nation of yeoman farmers minding their own affairs. His agrarianism was contrasting to the vision of Alexander Hamiltion, who envisioned a nation of commerce and manufacturing, which Jefferson believed offered too many temptations for corruption. Jeffersons profound confidence in the individuality, uniqueness, and the potential of America made him the father of American exceptionalism. He was particularly convinced that an under-populated America could avoid what he thought to be the horrors of class-divided, industrialized Europe. Jefferson strongly believed the idea in which each individual has certain inalienable rights. This meaning, these rights exist with or without government, and man cannot create, take, or give these rights away. Jefferson is most noteworthy for enlightening the right of liberty. Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add within the limits of the law, because law is often but the tyrants will, and always so when it violates the rights of the individual.à ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦. Consequently, for Jefferson, although government cannot create a right to liberty, it can indeed violate it. The limit of an individuals rightful liberty is not what law says it is but is simply a matter of stopping short of prohibiting other individuals from having the same liberty. Jefferson believed a proper government to be one that not only prohibits individuals in society from infringing on the liberty of other individuals, but also restrains itself from diminishing individual liberty. His commitment to equality was articulated in his successful efforts to abolish primogeniture in Virginia, the rule by which the first born son inherited all the land. Jefferson believed that individuals have an inna te sense of morality that prescribes right from wrong when dealing with other individuals, that whether they choose to restrain themselves or not, they have an innate sense of natural rights of others. He even believed that moral sense to be reliable enough that an anarchist society could function well, provided that it was reasonably small. In several instances, he conveyed admiration for the tribal, communal way of living of Native Americans. In a letter to Colonel Carrington he said: I am convinced that those societies (as the Indians) which live without government, enjoy in their general mass an infinitely greater degree of happiness than those who live under the European governments.à ¢Ã¢â€š ¬Ã‚ ¦.. For this reason, he did support government for the American stretch provided that it exists by consent of the governed. Immediate sources of Influence for the Declaration of Independence include Jeffersons own draft of the preamble of the Constitution of Virginia and George Masons draft of the Virginia Declaration of Rights. Both ideas and phrases from both of these documents appear in the Declaration of Independence. Jefferson also looked at the English Declaration of Rights as a model of how to end the reign of an unjust king. Through this statement of natural rights Jefferson meant to release the idea that men are free by nature, are equal beings and should be free to pursue their dreams in life. This statement, however, was in disagreement with a majority of the thinking and reasoning of this time period, in that it was a ruler of a country, either king or an emperor, who passed down any rights given to the people of his kingdom. Thomas Jefferson disputed that it was nature that gave man rights, not people in power. Jefferson was exceptionally knowing of previous documents holding comparable ideas when he was writing the Declaration, including the treatise by Samuel Adams noted as Rights of the Colonists. Most of the political leaders during the Revolution had similar thoughts and ideas pertaining to the self-evident truths of the Declaration. Furthermore, the ideas articulated in the Declaration were common among many of the colonists of the period. The Declaration was vigilantly articulated for the reason of expressing the vision and thoughts of the colonists in broad-spectrum, as well for gaining their loyalty for the upcoming struggle in which they were to experience. It may be questioned how such claims were regarded by colonists in general and what the beginning of these thoughts were. In what previous documents to the Declaration were these beliefs presented as self-evident truths? In 1772, four preceding the signing of the Declaration, Samuel Adams penned a short essay known as Rights of the Colonists as Men. His words included the following: Among the natural rights of the Colonists are these: First, a right to life; Secondly, to liberty; Thirdly, to property; together with the right to support and defend them in the best manner they can. These are evident branches of, rather than deductions from, the duty of self-preservation, commonly called the first law of nature. All men have a right to remain in a state of nature as long as they please; and in case of intolerable oppression, civil or religious, to leave the society they belong to, and enter into another. When men enter into society, it is by voluntary consent.à ¢Ã¢â€š ¬Ã‚ ¦ Every natural right not expressly given up, or, from the nature of a social compact, necessarily ceded, remains. All positive and civil laws should conform, as far as possible, to the law of natural reason and equity. As neither reason requires nor religion permits the contrary, every man living in or out of a state of civil society has a right peaceably and quietly to worship God according to the dictates of his conscience.à ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦ Samuel Adams wrote The Rights of the Colonists when he was at the age of 50, as an element of assemblies in Massachusetts in 1772, subsequent to the Governor having liquefied the colonys Colonial Assembly. Three hundred townspeople congregated and voted to employ a board of communication, as well as having this committee outline a proclamation of the colonists rights. The accountability for arranging the initial draft was allocated to Samuel Adams. Passages from the end result, as previously quoted, were in quintessence consumed in a document entitled the Declaration of Rights, written by the Continental Congress in 1774 and as a final point in the Declaration of Independence in 1776. One of the manipulates on Adams idea is candidly affirmed by his personal thoughts in the Rights of the Colonists pertaining to religious toleration: Insomuch that Mr. Locke has asserted and proved, beyond the possibility of contradiction on any solid ground, that such toleration ought to be extended to all whose doctrines are not subversive of society. The connection involving Adams and John Locke is established multiple times in Adams writings. In 1771, in a journal in the Boston Gazette, he commenced his prime focus with the expressions Mr. Locke, in his treatise on government. English political theorist John Locke is often cited as a primary influence on the Declaration. Many of the phrases evident in the Declaration follow closely to certain sentences in Lockes Second Treatise on Government. Lockes classical liberalism greatly influenced republicanism. Hence, to the slightest, the political attitude and beliefs of John Locke was one of the fundamentals of the Declaration of Inde pendence, and examination gives evidence for the idea that the formation of inalienable rights of life, liberty, and the pursuit of happiness owe a great deal to John Lockes Second Treatise of Government that came into print in 1690. The responsibility to Locke is exposed by the subsequent passage from his Second Treatise. The title page articulates of the second treatise, The latter is an essay concerning the true original extent and end of civil government. The commencing lines concern the Biblical Adam and to his private dominion and parental jurisdiction, prearranged to him by God, which undoubtedly inscribes the production as founded eventually on Scripture, Gods Holy and Written Word. In sections 4, 6, and 13, Locke expresses his thoughts that: (A)ll men are naturally ina state of perfect freedom to order their actions, and dispose of their possessions and persons, as they think fit, within the bounds of the law of nature, without asking leave, or depending upon the will of any other man. A state also of equality A state of liberty, yet it is not a state of licence. The state of nature has a law of nature to govern it, which obliges every one: and reason, which is that law, teaches all mankind, who will but consult it, that being equal and independent, no one ought to harm another in his life, health, liberty, or possessions: for men being all the workmanship of one omnipotent, and infinitely wise maker; all the servants of one sovereign master, sent into the world by his order, and about his business; they are his property, whose workmanship they are, made to last during his, not one anothers pleasure Every onemay not, unless it be to do justice on an offender, take away, or impair the life, or what tends to the preservation of the life, the liberty, health, limb, or goods of another. In prà ©cis regarding these passages that came from Lockes treatise, there is a evidently identifiable formation of the rights of life, liberty, and property that subsists. Locke overtly preserves the idea that these human rights were fundamental and elemental rights of man, certain by God the Creator. These rights are undeniable due to the fact that they are recognized as an element of the God-given law of nature, and as a result are apparent in life itself. In his recurrent employment of the phrase law of nature, Locke positioned himself in a prosperous and time-privileged custom looking through history to the Bible itself. It is undoubtedly that Locke had the idea in his head a vision that centered around the bible, of the nature of man as created by God. One of the itemized rights evident in the Declaration, pursuit of happiness, is not initiated by Locke, who made use of the word happiness merely three times in the Second Treatise, in fairly limited frameworks. Locke focused as an alternative on the rights of property. The right to pursue happiness, which is thought to be much extensive in possibility, is distinguishable through the Federalist Papers written John Jay, James Madison, and Alexander Hamilton, influenced by the assumed name Publius. Ultimately, the comprehensiveness of happiness as a conception may be evident in the copious life guaranteed to man by Jesus Christ. Any one discussion pertaining to the suitable function of government may progress and advance through a glance back to the thoughts wherein our nation was established. In the Declaration of Independence, conceivably the most succinct articulation of those exact thoughts and principles may be discovered. The Declaration is perceptible in the idea that the Founders trusted in the beliefs that individual liberty, identified by the right to life, liberty, and the pursuit of happiness, protected by a government constructed for that intention, gaining its justifiable power from the consent of the governed. The arrangement of the words in the Declaration is very significant. By vigilantly examining the Declaration, one may come across the idea that there is no reference of government to the point that the moral order of the world in which the Founders foresaw is presented. Their attitudes embark on a state of nature, in which no government has so far been fashioned by man. It is not until f ollowing the moral order is instituted that the political order -which is derived from this moral order-conversed. We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed. This very quote from the Declaration proves very important in both its order and meaning. We hold these truths to be Self-evident. In this section of the passage, as the first line, the authors allow the people to understand that reason offers the foundation of the proposal to come next. They declare the truths that are subsequent are self-evident, which provides for the idea that they are deductible by reason. This idea designates that the Founders are functioning contained by theoretical and idealistic tradition of natural rights. This perspective gives that there is a superior law of right and wrong that may be utilized to develop moral lawsà ¢Ã¢â €š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦ finish talking about each line of quote and its meaning? Or talk about the drafts and popular culture? The Declaration of Independence provides for an abundance of interpretation and sources by scholarly inquiry. This formal document declared the independence of the United States of America from Great Britain by giving the colonial grievances of King George III, declaring natural rights, one of those being the right of revolution. The Declaration was originally disregarded after the American Revolution, having provided its primary intention in declaring independence. This sentence in which most Americans live by was significantly influenced by Abraham Lincoln, who thought of the Declaration as being the underpinning of his political philosophy, and encouraged the proposal that the Declaration of Independence be a proclamation of standards through which the United States Constitution should be construed. http://www.freedomworks.org/publications/the-declaration-of-independence-a-look-at-the-mean http://www.avantrex.com/essay/freetalk.html inventing America jeffersons declaration of independence garry wills the declaration of independence a study in the history of political ideas greatness to spare Effects on Happiness: A Reflection Effects on Happiness: A Reflection Happiness: Subjective Well-Being Well-being involves physical, psychological, social, economic, and environment. Subjective well-being meaning covers a wider range of concepts than just happiness (Compton Hoffman, 2012a). However, the subjective well-being also provide advice on measuring people’s experience and evaluations of particular domains of life such as satisfaction with the financial status, health status and other meaningfulness in life (Compton Hoffman, 2012a). Besides that, subjective well-being includes three elements. First is life evaluation, reflective assessment on a person’s life (Compton Hoffman, 2012a). Second is affect. It means a person’s feelings or emotional states (Compton Hoffman, 2012a). Third element is Eudaimonia (Compton Hoffman, 2012a). It is a sense of meaning and purpose in life, or good psychological functioning. On the other hand, subjective well-being involved bottom-up theory and top -down theory. Bottom-up theory are assesses the quality of our marriage or friendship, satisfying the job, income and thereby create a summary statement of our overall ‘satisfaction’ (Compton Hoffman, 2012a). Besides that, bottom-up theory perspective focus on changing the environment and situation such as, obtaining a better job, safer neighborhood and other external things to increase the happiness (Compton Hoffman, 2012a). Furthermore, top-down theory describe as measured by looking at personality traits, attitudes, and cognitions (Compton Hoffman, 2012a). Top-down theory perspective focus on increase the happiness should change people’s attitudes, belief, personality traits and other inner things (Compton Hoffman, 2012a). Lastly, previous research also presented evidence that both top-down and bottom-up evaluations are important, but utilized indifferent situations and times in life (Compton Hoffman, 2012a).. Leisure Leisure refers to how people spend their spare time, what people to do relax, the activities in which people engage to have fun, and how people express the interest (Compton Hoffman, 2012b). In the leisure and well-being describe as positive relationship between our satisfaction with leisure and well-being (Compton Hoffman, 2012b). It is fairly clear that leisure helps people feel better about their lives (Compton Hoffman, 2012b). Therefore, everyone should find ways to amuse themselves such as sport, drawing and other activities to amuse themselves (Compton Hoffman, 2012b). In my leisure time, I prefer going to swimming, play badminton and other sports with friends. This is because I am feel relax, fun and satisfaction while I am doing sport activities. At the same time, sport activity also can bring out a lot of benefit such as improve mental health, exercise decreases disease risk, keeping fit and other benefit to me. Hence, I am preferred doing sport activity with friends in my leisure time. Besides that, I can also maintain a good relationship with friends through the playing badminton or swimming. Moreover, doing sport activities also can build up a social support to me. When I feel stressful, I can play with friends. It can help me feel relax or reduce the stressful after sport. Then, when I feel helpless, I can share my problem with friends, it can help me a lot. Lastly, I prefer going to swimming, play badminton and other sports with friends because after doing exercise, I feel satisfaction and I can focus on my academic. It can helping in my daily life and also to overcome my life challenge. Love and well-being In positive psychology, Love is one of significant ways that people pursue well-being (Compton Hoffman, 2012c). Needs for love and intimacy may be biologically innate (Compton Hoffman, 2012c). Moreover, relationship satisfaction is associated with a couple’s similarity in attitudes and values, positive personality traits, the type of attributions made to explain a partner’s behavior and healthy styles of communication (Compton Hoffman, 2012c). Besides that, relationship stability is associated with factors such as friendship, commitment, conflict management and the effects of external stressors (Compton Hoffman, 2012c). It can help people in their daily life and overcome the life challenges. When I finished my secondary school studies, I have no any goal or planning about my future. I also do not know what next steps are. Therefore, my parents’ advice is continuing studies since I do not any planning about my future. About of this, I was conflict with my parents because I do not planning continuing studies. Besides that, I also think I am not smart enough to continuing the studies. Hence, I feel some worry and angry. Moreover, this happen also hurt relationship between my parents and me. My parents and I keep some conflict and quarrel about my future. Finally, I understand what my parents’ think, what my parents’ feel. I also know what I want to do in my future. Thus, I agree and accept my parents’ advice and decide continuing studies. Positive Health Positive health is excellence in three measures. Firstly, biological markers include any measures of physiological functioning that can impact health or well-being (Compton Hoffman, 2012d). Second, subjective experiences include any measure of subjective well-being such as optimism and positive emotionally (Compton Hoffman, 2012d). Third, functional measures include assessment of how well daily activities are accomplished and behavioral signs such as occasional disability (Compton Hoffman, 2012d). The goal of positive health is to describe adaptation to challenges, toward a better quality of life (Compton Hoffman, 2012d). This process is not just coping and adaptation but positive growth. When I was young, my parents busy for working. Hence, my grandparents need take care of me. My grandparents send me go to school, bring me go out to friends’ house, shopping and other. Besides that, my grandfather teaches me a lot of things, playing with me and other. I feel happy about all of this. When my secondary school, my grandmother is pass away. My family very upset. Even My grandfather do not want go out anymore. He cannot to accept this happen. My family very worries about it. Positive health can help me overcome this problem. This is because positive psychology describe as positive growth. About this happen, I feel upset, but I understand I need to growth and accompany my grandfather to accept this happen even I feel upset too. Since I was young, my grandfather always accompany me to do a lot of things, take care of me, teaches me a lot of things. In this moment, my grandfather is helpless. Therefore, my family and I need accompany and bring positive emotion to him. So that, my grandfather can has a better life in future. Creativity and Genius Genius began to take on a meaning of special talent or ability beyond the normal range (Compton Hoffman, 2012e). Genius also describe a person who of extraordinary creativity and inventiveness (Compton Hoffman, 2012e). Besides that, those labeled as geniuses exhibited the same qualities associated with people who achieve excellence in something, person who will extremely motivation, willing to work long and hard, and absorbed in a search for deeper knowledge about their craft (Compton Hoffman, 2012e). Well-being across the Lifespan In the Well-being across the Lifespan, researchers have used three basic models to understand life changes (Compton Hoffman, 2012f). Firstly, stage or growth models postulate recognizable stages that need to addressed, roughly at different ages (Compton Hoffman, 2012f). Second, lifespan models observe the personality development as a continuous process of adjustment to challenges (Compton Hoffman, 2012f). Third, life-course models also tend to look at phase of life but emphasize the social-role demands at each phase (Compton Hoffman, 2012f). When I was young, my grandparents take care of me. This is because my parents need go out for working, but my parents will have accompanied me in every night. Hence, I feel happy in my childhood. In my primary school life, I like the sport activity. Hence, I become one of the participants which represent the school to competition with different primary school. My primary life is busy but I feel enjoy. In secondary school, my grandmother was pass away when my form 2. My family very upset about it especially my grandfather. My grandfather cannot to accept this happen and refuse to go out. However I’m feel sad, but I think I need to accompany my grandfather. This is because my grandfather very cares and teaches me a lot of things during my childhood. This happen also makes me growing and more understand/treasure my family members. In my university life, it is a busy life. Every semester, I need to complete a lot of test, assignment. Sometimes I’m feel very stressful because these all of the academic things. Luckily, I have some friends can play badminton with me. Besides that, I also enjoy swimming with my housemates during every weekend. It can help reduce my stressful from academic. Optimal Well-Being Optimal well-being describe as stated the personal growth requires choices about what particular type of person you would like to become (Compton Hoffman, 2012g). Besides that, growth never occurs in vacuum, so people must decide what kinds of person want to be and which personality traits express your unique potential(Compton Hoffman, 2012g). For example, people who often love, compassionate to other people. That people can express their own unique potential and become caring people (Compton Hoffman, 2012g). On the other hand, optimal well-being can also describe is to think about the types of people you admire, respect and which people inspire you to be a better person (Compton Hoffman, 2012g). For example, a person who watches a movie about the helping people, it may motivate that people to act on behalf of others. In my secondary school, my sibling was study in different university. My parents also pay a lot of attention to them. Besides that, I feel admire and a bit envy about it. This is because I feel my parents’ concern and caring toward them only. I feel lonely and cannot get the caring and concern from my parents. At the same time, I also can understand my sibling is always at the outside because studies. Hence, my parents will show more concern to them. In optimal well-being, I can understand what I want to be in the future. In future, I want be university students, so it can help explore my knowledge. Moreover, When I feel admire and envy my sibling, I want be university students likes my sibling. It is called own inner hero. This is because my siblings already motivate me to be university students too. Hence, optimal well-being help me to deal my challenges. Religion, Spirituality, and well-being In positive psychology, religious provides social support, healthy lifestyles and other positive thing to people (Compton Hoffman, 2012h). Besides that, people who are more religious in their behavior show better emotional well-being and actively religious people have reported markedly greater happiness and somewhat greater life satisfaction than their irreligious counterparts (Compton Hoffman, 2012h). Particularly relevant to positive psychology are studies that have found that religious or spiritual practice can increase positive emotional states such as joy, hope and other (Compton Hoffman, 2012h). Therefore, greater religiousness is significantly related to better mental health and higher subjective well-being (Compton Hoffman, 2012h). My religious is Buddhism. Religious is one of part in my life. Buddhism teaches me a lot of thing. For example, when I have some negative thinking such as want cheating in the exam, I also will think about my religion. Buddhism always mention make bad thing, you will get retribution from God. Hence, I will feel guilt and fear of retribution from God, so I will give up those bad attitudes or negative thinking. Lastly, Buddhism also teaches me need filial, love and concern to parents. In my college life, I went to Kuala Lumpur for my studies. Hence, I must go back the hometown to accompany and concern my parents during the semester break. Besides that, I also called my parents when I’m free. However, I cannot always accompany my parents, but I still show my concern, filial to my parents. Positive Institution In Positive Institution, social well-being was comprises five dimensions. Firstly, social acceptance describe as the degree to which people generally hold positive attitudes toward others (Compton Hoffman, 2012i). Second, social actualization describe as the degree to which people believe that society has the capacity to develop into a better place (Compton Hoffman, 2012i). Third, social contribution describe as how much people believe their daily activities contributes to society and how much those activities are valued by their community (Compton Hoffman, 2012a). Fourth, social coherence describes as the degree to which society is understandable, predictable and logical (Compton Hoffman, 2012i). Lastly dimension is social integration. It refers how much a person feels a part of his community as well as how much support and commonality one feels toward others (Compton Hoffman, 2012i). I went to Kuala Lumpur for continue my studies. In K.L., I was living without my family. My family cannot accompany me. I feel unsecure but I know I need to adapt and independent. Luckily, I meet some good housemate. My housemate gave me a lot of happy and concern. Hence, this hostel becomes my ‘second house’. I feel happy and enjoy in here. On the other hand, housemates and I create a swimming gang. We were going to swimming during weekend. I feel enjoy about it because swimming can create a good quality life to me. Moreover, this swimming gang also can help to maintain a good relationship between each other. When I feel stressful or helpless, my housemates also support and give me a lot of positive energy.

The American Dream: Life, Liberty and Freedom Essays -- Essays on the A

The basic idea of the American Dream generally has stayed the same throughout time, although the majority of Americans seem to take the Dream for granted. The first settlers arrived to the New World in search of a treasure: life, liberty, and freedom. This treasure was and still is the American Dream. Now people from all over the world come to America in search of the same Dream; some even die trying. People were not as materialistic as people are now; they just wanted happiness. As time passed, people became more materialistic and began to take for granted what they were born with. For example, when my papa was a teenager he purchased his first car with cash. Everyone paid for almost everything they got with cash, not credit like they do today. Almost everything today revolves around having credit. Most of the richest people in our state could not go to the bank and withdraw a couple hundred thousand dollars; they would have to borrow the money based on their credit. Although, there are many people that are very misfortunate and have hardly anything, their idea of the American Dream would be much simpler than that of someone who is middle or upper class. Almost a week ago my boyfriend and I were leaving Crabtree Valley mall. It was a pretty cold and rainy day, the kind of day that we would rather be at home cuddled up on the couch watching television, but we were shopping. As we were leaving the mall we came to a stoplight. Out of the corner of my eye I saw a tiny old woman kneeling by the corner of the curve. She was holding a ragged cardboard sign that read â€Å"homeless, need food†. A doleful feeling took over my body, and I thought to myself, what would her idea of the American Dream be? Would it be to own her own home or have a fancy car, I think not. By this time, her dream would be a bit simpler. The American Dream changes from generation to generation along with technology and obstacles.   Ã‚  Ã‚  Ã‚  Ã‚  With each generation that passes a whole new era arrives; one with higher demands and stresses of everyday life. The American Dream becomes more distorted and complex through time. The more we get, the more we want. What ever happened to being content and happy with what one has as long as they are healthy and safe? With each passing year people are becoming more materialistic and less grateful. My dad never had a hamburger when he wa... ...t encounter at one point or another in our life times in order to achieve our endeavors. Further, the economy is another major obstacle that we each must face. As individuals we can not control the fluctuations of the economy nor can we control the effect it has on our lives and our dreams. But we can rationalize our ideas of what the true American Dream is and be thankful for what we have.   Ã‚  Ã‚  Ã‚  Ã‚  On September 11, 2001, those who do not know what it is to live a life full of life, liberty, and freedom; threatened the American Dream. By realizing this tragedy we appreciate what a fortunate nation we live in. Until the eleventh of September, no one really thought much about what it is to be American until news stories were flashing were shown in array about the freedom other countries such as the one that threatened our American Dream did not have. We really need to put the American Dream into perspective. The question comes to mind â€Å"What would the American Dream be if we did not have life, liberty and freedom?† There would be no such idea as â€Å"the American Dream†. We would be identical to almost any third world country world that does not have these rights. The American Dream: Life, Liberty and Freedom Essays -- Essays on the A The basic idea of the American Dream generally has stayed the same throughout time, although the majority of Americans seem to take the Dream for granted. The first settlers arrived to the New World in search of a treasure: life, liberty, and freedom. This treasure was and still is the American Dream. Now people from all over the world come to America in search of the same Dream; some even die trying. People were not as materialistic as people are now; they just wanted happiness. As time passed, people became more materialistic and began to take for granted what they were born with. For example, when my papa was a teenager he purchased his first car with cash. Everyone paid for almost everything they got with cash, not credit like they do today. Almost everything today revolves around having credit. Most of the richest people in our state could not go to the bank and withdraw a couple hundred thousand dollars; they would have to borrow the money based on their credit. Although, there are many people that are very misfortunate and have hardly anything, their idea of the American Dream would be much simpler than that of someone who is middle or upper class. Almost a week ago my boyfriend and I were leaving Crabtree Valley mall. It was a pretty cold and rainy day, the kind of day that we would rather be at home cuddled up on the couch watching television, but we were shopping. As we were leaving the mall we came to a stoplight. Out of the corner of my eye I saw a tiny old woman kneeling by the corner of the curve. She was holding a ragged cardboard sign that read â€Å"homeless, need food†. A doleful feeling took over my body, and I thought to myself, what would her idea of the American Dream be? Would it be to own her own home or have a fancy car, I think not. By this time, her dream would be a bit simpler. The American Dream changes from generation to generation along with technology and obstacles.   Ã‚  Ã‚  Ã‚  Ã‚  With each generation that passes a whole new era arrives; one with higher demands and stresses of everyday life. The American Dream becomes more distorted and complex through time. The more we get, the more we want. What ever happened to being content and happy with what one has as long as they are healthy and safe? With each passing year people are becoming more materialistic and less grateful. My dad never had a hamburger when he wa... ...t encounter at one point or another in our life times in order to achieve our endeavors. Further, the economy is another major obstacle that we each must face. As individuals we can not control the fluctuations of the economy nor can we control the effect it has on our lives and our dreams. But we can rationalize our ideas of what the true American Dream is and be thankful for what we have.   Ã‚  Ã‚  Ã‚  Ã‚  On September 11, 2001, those who do not know what it is to live a life full of life, liberty, and freedom; threatened the American Dream. By realizing this tragedy we appreciate what a fortunate nation we live in. Until the eleventh of September, no one really thought much about what it is to be American until news stories were flashing were shown in array about the freedom other countries such as the one that threatened our American Dream did not have. We really need to put the American Dream into perspective. The question comes to mind â€Å"What would the American Dream be if we did not have life, liberty and freedom?† There would be no such idea as â€Å"the American Dream†. We would be identical to almost any third world country world that does not have these rights.

Flood in Epic of Gilgamish and Book of Genesis of the Holy Bible Essay

The Flood in The Epic of Gilgamish and The Bible The story of the great flood is probably the most popular story that has survived for thousands of years and is still being retold today.   It is most commonly related within the context of Judeo-Christian tradition.   In the Holy Bible, the book of Genesis uses the flood as a symbol of God's wrath as well as His hope that the human race can maintain peace and achieve everlasting salvation.   The tale of Noah's Ark begins with God's expression of dismay as to the degenerate state of the human race at the time.   People were behaving wickedly and sinfully and God decided that a genetic cleansing was necessary.   He spared only Noah and his family, along with two of every type of animal; one male and one female.   The other most popular flood story is found in the Epic of Gilgamish.   In this text, the gods have decided to destroy everything on earth by creating a great flood.   The only survivor is a man named Utnapishtim, spared because he is the god Ea's favorite hum an.   The Babylonian God Ea had decided to eliminate humans and other land animals with a great flood, which was to become "the end of all flesh".   He selected Utnapishtim, to build an ark to save a few humans, and some of other animals, much like Noah.   In comparing and contrasting the Babylonian text and the biblical story of Noah's Ark, there are many similarities between the two stories and one would conclude that they are essentially identical.   The Genesis story describes how mankind had become corrupt and how the earth was filled with violence.   In the ... ...in it, leaving only a chosen few to remain on earth to start all over again. Works Cited and Consulted: Budge, E. A. Babylonian Story of the Deluge and the Epic of Gilgamesh. Montana, USA: Kessinger Publishing Co., n.d. Gardner, John and John Maier. Gilgamesh: Translated from the Sin-leqi-unninni version. New York: Alfred A. Knopf, 1984. Heidel, Alexander. The Gilgamesh Epic and Old Testament Parallels. Chicago: University of Chicago Press, 1949. Ignatius Holy Bible. Revised Standard Version, Catholic Edition. San Francisco: Ignatius Press, 1996. Web Sites Consulted: The "Epic of Gilgamesh": An Outline. Online. 15 Feb. 2002. http://www.hist.unt.edu/ane-09.htm Sumerian Mythology FAQ. Online. 15 Feb. 2002. http://webster.unh.edu/%7Ecbsiren/sumer-faq.html Flood in Epic of Gilgamish and Book of Genesis of the Holy Bible Essay The Flood in The Epic of Gilgamish and The Bible The story of the great flood is probably the most popular story that has survived for thousands of years and is still being retold today.   It is most commonly related within the context of Judeo-Christian tradition.   In the Holy Bible, the book of Genesis uses the flood as a symbol of God's wrath as well as His hope that the human race can maintain peace and achieve everlasting salvation.   The tale of Noah's Ark begins with God's expression of dismay as to the degenerate state of the human race at the time.   People were behaving wickedly and sinfully and God decided that a genetic cleansing was necessary.   He spared only Noah and his family, along with two of every type of animal; one male and one female.   The other most popular flood story is found in the Epic of Gilgamish.   In this text, the gods have decided to destroy everything on earth by creating a great flood.   The only survivor is a man named Utnapishtim, spared because he is the god Ea's favorite hum an.   The Babylonian God Ea had decided to eliminate humans and other land animals with a great flood, which was to become "the end of all flesh".   He selected Utnapishtim, to build an ark to save a few humans, and some of other animals, much like Noah.   In comparing and contrasting the Babylonian text and the biblical story of Noah's Ark, there are many similarities between the two stories and one would conclude that they are essentially identical.   The Genesis story describes how mankind had become corrupt and how the earth was filled with violence.   In the ... ...in it, leaving only a chosen few to remain on earth to start all over again. Works Cited and Consulted: Budge, E. A. Babylonian Story of the Deluge and the Epic of Gilgamesh. Montana, USA: Kessinger Publishing Co., n.d. Gardner, John and John Maier. Gilgamesh: Translated from the Sin-leqi-unninni version. New York: Alfred A. Knopf, 1984. Heidel, Alexander. The Gilgamesh Epic and Old Testament Parallels. Chicago: University of Chicago Press, 1949. Ignatius Holy Bible. Revised Standard Version, Catholic Edition. San Francisco: Ignatius Press, 1996. Web Sites Consulted: The "Epic of Gilgamesh": An Outline. Online. 15 Feb. 2002. http://www.hist.unt.edu/ane-09.htm Sumerian Mythology FAQ. Online. 15 Feb. 2002. http://webster.unh.edu/%7Ecbsiren/sumer-faq.html

William Cullen Bryant Examines Nature :: Biography Biographies Essays

William Cullen Bryant Examines Nature William Cullen Bryant can very easily be linked to the Transcendentalists. Most of his themes in his writings are concerning the nature of life and the nature of nature. "The Yellow Violet" is an example of a poem about the nature of life. "The Prairies," on the other hand, is an example of the nature of nature. Though these two poems of Bryant's are both about the beautiful world of trees, flowers, and fields, they take on a different perspective of nature itself. "The Yellow Violet" vividly expresses the nature of life in a very simple way. Bryant takes the cycle of a yellow violet and uses it to describe the humanistic world around him. It is very clever, too, that when he does this, he uses personification. A "modest flower" (2674) pops out from the dark, damp leaves below and "[makes] the woods of April bright" (2675). While the rest of the forests and fields go on with their life cycle this tiny flower does itsà ­ best to make things pretty and happy. The persona describes this sight as an "early smile" (2675) and that is what kept a smile on his own face. Even the various blooms and colors that surface in May are not as joyful because when the violet blooms, it is the first color you see after a long winter of gray. This modesty of the meek flower is compared to that of a person. It's usually the poorer, less known people in the world that are the ones who really cheer you up. They will never let you down. As the persona in t he poem points out, "So they, who climb to wealth, forget" (2675). This is the most important line of the entire poem. It is basically saying that those who are wrapped up in material things are just th...wrapped up. They are not dependable. Thus, the yellow violet is the modest person, which are far and few, who you can always count on to stand by you in the end and brighten up your day. This is the illustration of the nature of life. "The Prairies," however, takes on a little bit of a different perspective. Instead of using nature as a morality lesson, "The Prairies" is more of an account of the way of nature.

The 2nd Battle of Ypres, April 1915

The second battle of Ypres, Belgium April, 1915 involved the allied troops and the German Troops. Faltenhayn (German chief of general staff) had a big hand in starting this battle. Poison gas was introduced in this battle by the Germans against the Allied troops. Canada‘s bravery in the battle made a good reputation for itself. In 1915, Faltenhayn had planned to be defensive in the west, but decided to be offensive near Ypres. This is what caused the 2nd battle of Ypres. He wanted to pre-empt any coming Franco British attack in the west (Duputy 217). This means that Faltenhayn wanted to attack the Allied troops before they attacked Germany. In the battle the Germans attacked with artillery, after the attack was done the Allied troops waited for Germany‘s first wave but Germany surprised the allied troops by doing something totally unexpected. Poison gas was used by the Germans in this battle against the Allied troops. Faltenhayn agreed to use poison gas in the attack even though in 1907 Germany signed a treaty forbidding the use of poison gas. The German army filled poison gas into canisters and brought it to the front line. If the wind was heading in the right direction they would open the canisters and the gas would drift across no-man's land to the Allied troops. But the allied troops decided to fire artillery to the front line of Germany so the canisters would break and the Germans would die (Duputy 218). Germany used the poison gas against two French colonial divisions, which caused the French army to run away. Canadians were not affected by the poison gas because they used wet (with water) cotton bandoliers to cover their mouths and noses so they counter-attacked on the same day, which made a good reputation for the Canadian army. â€Å"On April 22nd 1915, the 1st Canadian Division has just arrived at the front which was located just outside the city of Ypres, near Belgium. Here they achieved recognition for holding their ground against the new weapon of choice in modern warfare known as chlorine gas†. (vac) Canada entered the battle because it was one of the colonies of Great Britain. The Canadians withdrew from the battle on May 3rd, where they were relieved by British forces† (vac). Canada was sympathized for its bravery, thankfulness, and its efforts during this battle. The 2nd battle of Ypres also gave Canada a good reputation in the world. This battle involved the Allied troops and Germany. Faltenhayn decided to be offensive near Ypres in 1915. Poison gas was used by the Germans against the allied troops. Canada, being one of the colonies of Great Britain was involved in this battle and set a good reputation for itself in the battle for its hard work, and bravery.

Examining the Consequences of School Bullying and Provocation

BULLYING A Research Paper Presented To Prof. Ma. Victoria R. Protacio City University of Pasay (CUP) In Partial Fulfillment Of the Requirements For English II Submitted by: Ailyn Catolico BPG 1-1 March 4, 2013 Table of Contents Pages I. Acknowledgment 1 II. Introduction 2 III. Body A. The Problem and its Background 4 * Statement of the Problem/Objectives 4 * How does it affect the teaching of the teachers in the future 6 * Why is it the topic important 6 * Implication for Future Teaching 7 * What led them to this research 7B. Compilation of Philippine Laws on Discipline and Punishment of Children 9 * The 1987 Constitution of the Republic of the Philippines 9 * Rights of the Accused 9 * Court Order for Disciplinary Measures 9 C. Methodology 10 D. Related Literature 11 * Local Literature 11 * Foreign Literature 12 IV. Conclusion 13 V. Definition of terms 15 VI. Reference/Bibliography AcknowledgementThe researcher’s wishes to express their deepest gratitude to the special people who have extended their assistance for the success of this study; The Almighty God, who is the source of life and strength of knowledge and wisdom. To the fellow classmates, for sharing their knowledge and idea in helping the researchers in the construction of the project and for their genuine apprehension, encouragement, patient and guidance and whose expertise and knowledge were generously shared. To the beloved parents and guardians for untiring love and support. The Lord and Savior Jesus Christ, this piece of work was heartily offered.Introduction The aim of this research was to determine the bullying and effects of it in classroom. Although it is not always obvious, students are bullied as early as elementary school. Instances of bullying make take place in school, during after-school programs, on the school bus, and in neighborhoods. This research focuses on the occurrence of bullying in classroom. It also focuses on ways to help students cope with the incidents of bullying. T he impact of bullying and victimization is assessed by taking into account the relative buffering effect of a positive relationship with one or both parents.Internalizing symptoms such as withdrawn behaviors, somatic complaints, and anxiety and depression. Bullying others directly by hitting, threatening, or calling names is not a significant predictor the poor mental and somatic health of youngsters, whereas indirect bullying (spreading rumors or not talking to someone on purpose) does significantly predict anxiety and depression, as well as withdrawn behaviors. The negative impact of victimization and bullying is buffered by youngsters’ positive relationship with one or both parents.Recommendations are provided with regard to possible intervention strategies underlying the importance of distinguishing between different forms of bullying and victimization and providing social support in each different case. Unfortunately, bullying is an unavoidable part of life for children, but what it is the best way to deal with bullying so that both the bully and the victim can grow from the experience and become better people? Before this question can be answered, it is important to explore every aspect involved with bullying.Specifically, we need to look at everything that bullies do, the way it affects both the victim and the bully, and exactly how much bullying currently occurs in schools. Bullying is very frequent and since the beginning of time it has plagued schools all over the world. It is a major issue in today’s world and is well-worthy of discussion. Most of the time when people think of bullying going on in schools, one generic picture comes to mind; a big, scary boy coming along to a younger, punier child and saying, â€Å"Give me your lunch money dork! then the bully proceeds to turn the victim upside down to empty his pockets for lunch money. However, bullying is not always that simple, and there does not necessarily need to be physical viol ence involved in order for something to be considered bullying. The Problem and its Background Statement of the Problem/Objectives There are different types of bullies that are common in schools today; physical bullies, verbal bullies, and relational bullies. Physical bullies are just what they sound like, physical.These types of bullies tend to hit, kick, punch, shove, or use any other type of physical exertion of energy towards other. Verbal bullies are the types of bullies that use harsh words such as name-calling, insults, racial comments, or comments about another student’s physical appearance in order to degrade their victim. Verbal bullying is the most commonly reported type of bullying. Finally, relational bullies will act by singling out their victim from their peer group. This is mostly done by the bully using verbal threats or spreading undesirable rumors about their victims.While these types of bullying are not necessarily the stereotypical pictures that come to m ind when thinking about bullies, they are all very serious and can possibly have some serious detrimental effects on both parties involved. This research was to investigate the impact of physical, verbal and social bullying in school, thereby improving the knowledge base and insight of counselors who work with victims of bullying. The study was feasible, as it was within the financial and practical means of the researcher. This quantitative study endeavored to answer the following research question: * What is the impact of bullying in the students? Is bullying in school a normal part of life? * Do the independent variables – perceptions of school climate variables and school membership (the school a student attends) – have a significant relationship with the students reporting being involved in bullying at all, whether as a bully or as a victim? The problem of bullying at school is a complex problem that emerges from social, physical, institutional and community contex ts, as well as the individual characteristics of the students who are bullied and victimized (Swearer & Doll (2001)).A useful framework for understanding bullying is Bronfenbrenner’s ecological system theory (1979; 1993). When the ecological perspective is applied to bullying, a bullying interaction occurs not only because of individual characteristics of the child who is bullying, but also because of actions of peers, teachers and school staff, and physical characteristics of the school environment. How students perceive all these factors will be referred to as school climate in thus study. Families, cultural factors, and even community factors also play a role in the occurrence of the bullying interaction.The ecological system theory, as conceptualized by Bronfenbrenner, has been used to study complex behaviors of children and adolescents. Bronfenbrenner’s ecological system theory is a useful framework in this study for several reasons. This ecological system theory takes into account that the student is not merely acted upon by the environment. The student is both active and reactive. Strength of framing this study using Bronfenbrenner’s ecological theory is that it takes into account not just the environment, but student’s perceptions of the environment.This is important, because it accounts for why two students in similar environments may exhibit wildly different behaviors (Thomas, 1996). In summary, bullying is best conceptualized as intrinsic factors in the student interacting with the social environment, which then serves to reinforce bullying and/or victimization behaviors. Bullying is a serious problem that can dramatically affect the ability of students to progress academically and socially. A comprehensive intervention plan that involves all students, parents, and school staff is required to ensure that all students can learn in a safe and fear-free environment.How does it affect the teaching of the teachers, and how wil l it affect the teaching of the teachers in the future? One of core beliefs as students is that students need a safe, comfortable environment in order for learning to occur. The researcher feels that if students are being bullied in school and in school-related situations, then their attention is not focused primarily on learning; it is divided between academics and concern about negative social situations that are associated with schools.In order to create a safe environment where the students can thrive as learners, they have decided to inquire into a phenomenon that often precludes students from thriving – bullying. It is their hope and intention that by learning more about the phenomenon of school bullying, they can take measures to prevent bullying in schools. These preventative measures include fostering positive attitudes and empathy in schools to reduce the occurrence of bullying that the students face and teach those coping strategies with which they feel comfortable using when they are bullied.Why is it the topic important? In the past, bullying was considered a part of growing up; now, psychologists are warning parents and teachers that bullying is a problem that could result in serious consequences for victims and bullies alike. One reason that bullying is a problem in schools is because people have not changed their thinking from that of the past – which bullying is simply a part of growing up, and kids need to learn to deal with it. They want you to believe that if cognitions about bullying were changed, the occurrence of bullying would decrease.They would agree: â€Å"If students attend schools in which bullying behaviors are accepted by adults and peers, it is plausible that they will engage in more of these behaviors. † The opposite would likewise be true – if students attend a school where bullying is not accepted, then it is possible that there will be fewer occurrence of bullying in that school over time. Implica tion for Future Teaching From this research, they want you to learned several things about the practice as students.They want you have a good communication between home and school so that parents and teachers understand your beliefs as students and that they feel the schools should be a safe environment in which you can learn. This way, you will feel comfortable sharing your feelings with us and to your parents and teachers, and you will model giving compliments and have your practice giving compliments to your parents in order to help facilitate more frequent use of the compliment and proposal study. You can also try using other activities in the meetings to help the students understand the different aspects of the bullying problem.You can use role play scenarios to give the students the opportunity to practice their responses to bullying situations and to help them understand how it feels to be â€Å"in the shoes† of everyone involved in a bullying situation. They also want you to realize that no matter what school levels we are, it will be important to address these issues as well as other issues such as general community-building and character education in order to guide the students to appropriate social behaviors. What led them to this research?They have been interested in bullying since they heard it in news. They were originally interested in how teachers and school staff helped children to cope with and understand the effects of bullying in schools. In their research for this, they found that many teachers were using similar strategies for coping with bullying. Their interest narrowed down to bullying in schools. The more they earned about bullying, the more interested in it they became because bullying is so embedded in our society that many adults and children do not recognize its many forms.Manifestations of bullying are overt as well as covert. The physical bullying and verbal harassment are considered overt forms of bullying, but bullying also includes covert behaviors such as spreading rumors and social exclusion. At the end of their secondary school, they submitted an honors thesis proposal indicating research topic for senior honors thesis for the High School. They continued to do more research and read books and articles about the topic of bullying. The literature suggests that bullying is a salient problem in the country, ven in elementary school, and it can have negative effects later in life. According to the article â€Å"Bullying: Facts for schools and parents,† â€Å"bullying is the most common form of violence in our society† (Cohn & Canter, 2003, p. 1). Although bullying has negative consequences for everyone involved in a bullying situation, Banks’ article â€Å"Bullying in schools† states that there is a strong correlation between bullying during school years and having criminal or legal problems in adulthood (1997).As a people who were educated in the Philippines, they can a ttest to having different types of bullying experiences throughout school, and they believe that most people would admit to experiencing a bullying situation at some point in their life. Considering their position as a secondary high school for the entire year, they realized that not only did they need to think of ways to help children cope with bullying situations in their own lives; they needed to also consider ways to prevent it from occurring.After some thinking, they decided that if they could find a way to foster empathy in schools, then the students would feel compassionate toward victims of bullying and come to their aid, as well as not want to bully someone because they can imagine what it must be like to â€Å"be in that person’s shoes†. Compilation of Philippine Laws on Discipline and Punishment of Children THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILLIPINES The 1987 Constitution of the Philippines (Constitution) is the supreme written law in the countr y and it serves as the basic framework for any act or rule of any branch or agency of the government.All laws must comply with its provisions, otherwise it will be declared as void. Hence, it is necessary to refer to the Constitution and examine how it views the development of children in the context of the family and educational institutions. Rights of the Accused The Bill of Rights (Article III, Constitution) enshrines the rights of any person, including children in conflict with the law, under investigation for the commission of an offense. Article III, Section 12 specifically prohibits the following: 2. No torture, force, violence, threat, intimidations, or any other means hich vitiate the free will shall be used against [any person under investigation for the commission of an offense]. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited. Court Order for Disciplinary Measures As a means of assisting parents in imposing discipline on a child, Article 223 provides that parents or, in their absence or incapacity, the individual, entity or institution exercising parental authority, may file a petition before the proper court of the place where the child resides, for an order providing for disciplinary measures over the child.The article also provides that the â€Å"child shall be entitled to the assistance of counsel, either of his choice or appointed by the court, and a summary hearing shall be conducted wherein the petitioner and the child shall be heard. † The court is authorized to adopt such other measures as it may deem just and proper, including the â€Å"commitment of the child children’s homes duly accredited by the proper government agency. † Related Literature Upon researching the bullying and how it has become a common issue in schools today, the following literature was found through the search.To address the issue of bullying, the interventions and roles of school counselors ne ed to be considered. In order for this to be done, a clear understanding of how prevalent bullying is, the intervention strategies used, and the roles that school counselors play in this terrifying act needs to be addressed. Local Literature In 2001, the United Nations General Assembly, upon the request of the Committee on the Rights of the Child, called for the conduct of an in-depth study on violence against children through a resolution.The study seeks to provide an in-depth global picture of violence against children as well as propose clear recommendations for the improvement of legislation, policy, and programmed relating to the prevention of and responses to violence against children. Save the Children UK in the Philippines was greatly involved in the research initiatives of the Alliance on the physical and emotional punishment of children through its Research on the Physical and Emotional Punishment of Filipino Children, which was conducted in Cebu City in the Visayas and in Caloocan City in Metro Manila.The research provides information on: (1) What children think about physical punishment; (2) The types of punishment inflicted on children; (3) The context of punishment (settings such as homes, schools, streets, institutions, and juvenile justice); (4) Who punishes children and why; (5) What adults think about physical punishment and discipline; and (6) Local means of non-violent conflict resolution, which can be used in programme interventions and advocacy (Save the Children UK, 2006).According to the National Parent Teacher Association (2000) research has shown that effectively engaging parents and families in the education of their children has the potential to be far more transformational than any other type of educational reform. Foreign Literature In October 2004, according to Helen Phillips, San Diego, the age at which kids first fall victim to bullying could influence how strongly they are affected, suggests a new study. And, surprisingly, it is not the youngest kids who are hurt the most in the long term.Bullying can have long-lasting effects, but particularly when it begins in adolescence, the researchers say. People subjected to either verbal or physical bullying are known to be at greater risk for developing depression, anxiety disorders or to behave violently. But not everyone reacts in this way. Children bullied for the first time before they hit puberty seem to get over it, but those are victimized for the first time late on in puberty seem to become more aggressive or are more likely to turn to drink as a means of coping. Much research has been devoted to the subject of parental involvement and how it affects the lives of children.Major legislation such as the Goals 2000, the Educate American Act and the reauthorization of the Elementary and Secondary Act (ESEA) have made parental involvement a national priority (Kyle, McIntyre, Miller, & Moore 2002). Methodology This research will address a problem that facing c hildren of all ages; this serious issue is bullying. The problem of bullying in schools is an important issue that needs to be further addressed. The specific aspects of bullying that need to be further studied are what causes bullies to bully peers and how victims cope with the way they are being treated by classmates at school.When teens bully, it is likely they are experiencing some sort of personal problem that needs treatment, and those who are victims develop problems that need to be treated. All students who are involved with bullying, regardless of whether they are bullies or victims, need interventions before more serious issues develop. The problems both victims and bullies face can affect society as a whole since they can lead to more violent acts, suicides, and an increase in substance abuse.The more that is known about the issues associated with bullying, the more social workers can do to prevent it and develop better understandings of how to treat bullies and victims. This research will further explore causes of bullying behaviors and the coping mechanisms victims’ issue. The information gathered can potentially be useful in raising awareness on this topic and for creating new policies on bullying. Conclusion Based on the findings, the following conclusions are given concluded: Bullies react aggressively in response to provocation or perceived insults or slights.It is unclear whether their acts of bullying give them pleasure or are just the most effective way they have learned to get what they want from other. Bullying negatively affects both the child being victimized and the child who is the bully. There are always short-term affects and if the bullying is severe enough there can also be long term effects. Children who are bullied can suffer from low self esteem and other emotional problems and children who do the bullying are much more likely to have problems with drugs and alcohol later in life.The victims of bullies often loose self e steem, start having trouble in school, and withdraw from friends and activities. If it is not stopped and continues for long enough, children can suffer these problems permanently. Not being able to understand the harm they do to themselves, psychopathic bullies are particularly dangerous. Bullying should not be taken lightly as it can cause serious problems for all the children involved. Being bullied is a very stressful ordeal for children. Many bullying victims are reluctant to talk about their experiences making it even harder to help them.Never tell the child just to ignore the bullying. They will feel as if you are just going to ignore it and they should not have bothered to tell in the first place. Make contact with bully’s parents. Often they are unaware of their child’s behavior and will want to help work with you to make positive changes. Do not allow your child to hang around empty playgrounds or stay late at school alone. Teach them to always use the buddy system. Sometimes children exhibit certain behaviors that irritate or provoke others.If this is the case, help the child to find more suitable ways to interact with friends and peer groups. Bullying will forever plague schools all over the world and it is vital to know ways in which teachers and parents can work together in order to lessen the blow bullying has on society, and keep our children safe and happy. A higher quality of life for students where they can focus on their academics at school rather than on bullies will provide them with less stressful lives and prevent many of the problems, such as depression and suicide, which can oftentimes be linked to childhood violence.Definition of Key Terms * Anxiety – a nervous feeling caused by fear that something bad is going to happen; worry. * Buffering – a person or thing that reduces a shock or protects somebody or something against difficulties. * Bully – a person who uses his or her strength or power to frig hten or hurt weaker people. * Bullying – is a form of aggressive behavior manifested by the use of force or coercion to affect others, particularly when the behavior is habitual and involves an imbalance of power. * Depression – to make somebody sad and without enthusiasm or hope. Detrimental – harmful. * Feasible – that can be done; practical. * Impact – a strong effect or impression. * Institution – an organization established for social, educational, religious, etc. purposes. * Intervention – to become involved in a situation, especially so as to prevent something happening or to try to help somebody. * Recommendation – to suggest a course of action; to advise something. * School – educational institution for pupils up to 19 years of age. Reference/Bibliography Website/Internet * http://www. olweus. rg/public/authors. page * http://www. google. com. ph/url? sa=t&rct=j&q=research%20paper%20about%20bullying&source=web&c d=5&cad=rja&sqi=2&ved=0CGwQFjAE&url=http%3A%2F%2Feportfolios. ithaca. edu%2Fcmoses1%2Fdocs%2Fbullying. doc&ei=bsM1UaT4K4iOiAfv6IHgAg&usg=AFQjCNEwrr4Ecj-700ei_BMFwMutkTIhcA&bvm=bv. 43148975,d. aGc * http://www. slideshare. net/victoriasantos9822924/bullying * http://www. ed. psu. edu/educ/pds/teacher-inquiry/2006/plackek. pdf * http://www. rb. se/eng/Programme/TheUNStudyonViolenceagainstChildren. htm Examining the Consequences of School Bullying and Provocation BULLYING A Research Paper Presented To Prof. Ma. Victoria R. Protacio City University of Pasay (CUP) In Partial Fulfillment Of the Requirements For English II Submitted by: Ailyn Catolico BPG 1-1 March 4, 2013 Table of Contents Pages I. Acknowledgment 1 II. Introduction 2 III. Body A. The Problem and its Background 4 * Statement of the Problem/Objectives 4 * How does it affect the teaching of the teachers in the future 6 * Why is it the topic important 6 * Implication for Future Teaching 7 * What led them to this research 7B. Compilation of Philippine Laws on Discipline and Punishment of Children 9 * The 1987 Constitution of the Republic of the Philippines 9 * Rights of the Accused 9 * Court Order for Disciplinary Measures 9 C. Methodology 10 D. Related Literature 11 * Local Literature 11 * Foreign Literature 12 IV. Conclusion 13 V. Definition of terms 15 VI. Reference/Bibliography AcknowledgementThe researcher’s wishes to express their deepest gratitude to the special people who have extended their assistance for the success of this study; The Almighty God, who is the source of life and strength of knowledge and wisdom. To the fellow classmates, for sharing their knowledge and idea in helping the researchers in the construction of the project and for their genuine apprehension, encouragement, patient and guidance and whose expertise and knowledge were generously shared. To the beloved parents and guardians for untiring love and support. The Lord and Savior Jesus Christ, this piece of work was heartily offered.Introduction The aim of this research was to determine the bullying and effects of it in classroom. Although it is not always obvious, students are bullied as early as elementary school. Instances of bullying make take place in school, during after-school programs, on the school bus, and in neighborhoods. This research focuses on the occurrence of bullying in classroom. It also focuses on ways to help students cope with the incidents of bullying. T he impact of bullying and victimization is assessed by taking into account the relative buffering effect of a positive relationship with one or both parents.Internalizing symptoms such as withdrawn behaviors, somatic complaints, and anxiety and depression. Bullying others directly by hitting, threatening, or calling names is not a significant predictor the poor mental and somatic health of youngsters, whereas indirect bullying (spreading rumors or not talking to someone on purpose) does significantly predict anxiety and depression, as well as withdrawn behaviors. The negative impact of victimization and bullying is buffered by youngsters’ positive relationship with one or both parents.Recommendations are provided with regard to possible intervention strategies underlying the importance of distinguishing between different forms of bullying and victimization and providing social support in each different case. Unfortunately, bullying is an unavoidable part of life for children, but what it is the best way to deal with bullying so that both the bully and the victim can grow from the experience and become better people? Before this question can be answered, it is important to explore every aspect involved with bullying.Specifically, we need to look at everything that bullies do, the way it affects both the victim and the bully, and exactly how much bullying currently occurs in schools. Bullying is very frequent and since the beginning of time it has plagued schools all over the world. It is a major issue in today’s world and is well-worthy of discussion. Most of the time when people think of bullying going on in schools, one generic picture comes to mind; a big, scary boy coming along to a younger, punier child and saying, â€Å"Give me your lunch money dork! then the bully proceeds to turn the victim upside down to empty his pockets for lunch money. However, bullying is not always that simple, and there does not necessarily need to be physical viol ence involved in order for something to be considered bullying. The Problem and its Background Statement of the Problem/Objectives There are different types of bullies that are common in schools today; physical bullies, verbal bullies, and relational bullies. Physical bullies are just what they sound like, physical.These types of bullies tend to hit, kick, punch, shove, or use any other type of physical exertion of energy towards other. Verbal bullies are the types of bullies that use harsh words such as name-calling, insults, racial comments, or comments about another student’s physical appearance in order to degrade their victim. Verbal bullying is the most commonly reported type of bullying. Finally, relational bullies will act by singling out their victim from their peer group. This is mostly done by the bully using verbal threats or spreading undesirable rumors about their victims.While these types of bullying are not necessarily the stereotypical pictures that come to m ind when thinking about bullies, they are all very serious and can possibly have some serious detrimental effects on both parties involved. This research was to investigate the impact of physical, verbal and social bullying in school, thereby improving the knowledge base and insight of counselors who work with victims of bullying. The study was feasible, as it was within the financial and practical means of the researcher. This quantitative study endeavored to answer the following research question: * What is the impact of bullying in the students? Is bullying in school a normal part of life? * Do the independent variables – perceptions of school climate variables and school membership (the school a student attends) – have a significant relationship with the students reporting being involved in bullying at all, whether as a bully or as a victim? The problem of bullying at school is a complex problem that emerges from social, physical, institutional and community contex ts, as well as the individual characteristics of the students who are bullied and victimized (Swearer & Doll (2001)).A useful framework for understanding bullying is Bronfenbrenner’s ecological system theory (1979; 1993). When the ecological perspective is applied to bullying, a bullying interaction occurs not only because of individual characteristics of the child who is bullying, but also because of actions of peers, teachers and school staff, and physical characteristics of the school environment. How students perceive all these factors will be referred to as school climate in thus study. Families, cultural factors, and even community factors also play a role in the occurrence of the bullying interaction.The ecological system theory, as conceptualized by Bronfenbrenner, has been used to study complex behaviors of children and adolescents. Bronfenbrenner’s ecological system theory is a useful framework in this study for several reasons. This ecological system theory takes into account that the student is not merely acted upon by the environment. The student is both active and reactive. Strength of framing this study using Bronfenbrenner’s ecological theory is that it takes into account not just the environment, but student’s perceptions of the environment.This is important, because it accounts for why two students in similar environments may exhibit wildly different behaviors (Thomas, 1996). In summary, bullying is best conceptualized as intrinsic factors in the student interacting with the social environment, which then serves to reinforce bullying and/or victimization behaviors. Bullying is a serious problem that can dramatically affect the ability of students to progress academically and socially. A comprehensive intervention plan that involves all students, parents, and school staff is required to ensure that all students can learn in a safe and fear-free environment.How does it affect the teaching of the teachers, and how wil l it affect the teaching of the teachers in the future? One of core beliefs as students is that students need a safe, comfortable environment in order for learning to occur. The researcher feels that if students are being bullied in school and in school-related situations, then their attention is not focused primarily on learning; it is divided between academics and concern about negative social situations that are associated with schools.In order to create a safe environment where the students can thrive as learners, they have decided to inquire into a phenomenon that often precludes students from thriving – bullying. It is their hope and intention that by learning more about the phenomenon of school bullying, they can take measures to prevent bullying in schools. These preventative measures include fostering positive attitudes and empathy in schools to reduce the occurrence of bullying that the students face and teach those coping strategies with which they feel comfortable using when they are bullied.Why is it the topic important? In the past, bullying was considered a part of growing up; now, psychologists are warning parents and teachers that bullying is a problem that could result in serious consequences for victims and bullies alike. One reason that bullying is a problem in schools is because people have not changed their thinking from that of the past – which bullying is simply a part of growing up, and kids need to learn to deal with it. They want you to believe that if cognitions about bullying were changed, the occurrence of bullying would decrease.They would agree: â€Å"If students attend schools in which bullying behaviors are accepted by adults and peers, it is plausible that they will engage in more of these behaviors. † The opposite would likewise be true – if students attend a school where bullying is not accepted, then it is possible that there will be fewer occurrence of bullying in that school over time. Implica tion for Future Teaching From this research, they want you to learned several things about the practice as students.They want you have a good communication between home and school so that parents and teachers understand your beliefs as students and that they feel the schools should be a safe environment in which you can learn. This way, you will feel comfortable sharing your feelings with us and to your parents and teachers, and you will model giving compliments and have your practice giving compliments to your parents in order to help facilitate more frequent use of the compliment and proposal study. You can also try using other activities in the meetings to help the students understand the different aspects of the bullying problem.You can use role play scenarios to give the students the opportunity to practice their responses to bullying situations and to help them understand how it feels to be â€Å"in the shoes† of everyone involved in a bullying situation. They also want you to realize that no matter what school levels we are, it will be important to address these issues as well as other issues such as general community-building and character education in order to guide the students to appropriate social behaviors. What led them to this research?They have been interested in bullying since they heard it in news. They were originally interested in how teachers and school staff helped children to cope with and understand the effects of bullying in schools. In their research for this, they found that many teachers were using similar strategies for coping with bullying. Their interest narrowed down to bullying in schools. The more they earned about bullying, the more interested in it they became because bullying is so embedded in our society that many adults and children do not recognize its many forms.Manifestations of bullying are overt as well as covert. The physical bullying and verbal harassment are considered overt forms of bullying, but bullying also includes covert behaviors such as spreading rumors and social exclusion. At the end of their secondary school, they submitted an honors thesis proposal indicating research topic for senior honors thesis for the High School. They continued to do more research and read books and articles about the topic of bullying. The literature suggests that bullying is a salient problem in the country, ven in elementary school, and it can have negative effects later in life. According to the article â€Å"Bullying: Facts for schools and parents,† â€Å"bullying is the most common form of violence in our society† (Cohn & Canter, 2003, p. 1). Although bullying has negative consequences for everyone involved in a bullying situation, Banks’ article â€Å"Bullying in schools† states that there is a strong correlation between bullying during school years and having criminal or legal problems in adulthood (1997).As a people who were educated in the Philippines, they can a ttest to having different types of bullying experiences throughout school, and they believe that most people would admit to experiencing a bullying situation at some point in their life. Considering their position as a secondary high school for the entire year, they realized that not only did they need to think of ways to help children cope with bullying situations in their own lives; they needed to also consider ways to prevent it from occurring.After some thinking, they decided that if they could find a way to foster empathy in schools, then the students would feel compassionate toward victims of bullying and come to their aid, as well as not want to bully someone because they can imagine what it must be like to â€Å"be in that person’s shoes†. Compilation of Philippine Laws on Discipline and Punishment of Children THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILLIPINES The 1987 Constitution of the Philippines (Constitution) is the supreme written law in the countr y and it serves as the basic framework for any act or rule of any branch or agency of the government.All laws must comply with its provisions, otherwise it will be declared as void. Hence, it is necessary to refer to the Constitution and examine how it views the development of children in the context of the family and educational institutions. Rights of the Accused The Bill of Rights (Article III, Constitution) enshrines the rights of any person, including children in conflict with the law, under investigation for the commission of an offense. Article III, Section 12 specifically prohibits the following: 2. No torture, force, violence, threat, intimidations, or any other means hich vitiate the free will shall be used against [any person under investigation for the commission of an offense]. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited. Court Order for Disciplinary Measures As a means of assisting parents in imposing discipline on a child, Article 223 provides that parents or, in their absence or incapacity, the individual, entity or institution exercising parental authority, may file a petition before the proper court of the place where the child resides, for an order providing for disciplinary measures over the child.The article also provides that the â€Å"child shall be entitled to the assistance of counsel, either of his choice or appointed by the court, and a summary hearing shall be conducted wherein the petitioner and the child shall be heard. † The court is authorized to adopt such other measures as it may deem just and proper, including the â€Å"commitment of the child children’s homes duly accredited by the proper government agency. † Related Literature Upon researching the bullying and how it has become a common issue in schools today, the following literature was found through the search.To address the issue of bullying, the interventions and roles of school counselors ne ed to be considered. In order for this to be done, a clear understanding of how prevalent bullying is, the intervention strategies used, and the roles that school counselors play in this terrifying act needs to be addressed. Local Literature In 2001, the United Nations General Assembly, upon the request of the Committee on the Rights of the Child, called for the conduct of an in-depth study on violence against children through a resolution.The study seeks to provide an in-depth global picture of violence against children as well as propose clear recommendations for the improvement of legislation, policy, and programmed relating to the prevention of and responses to violence against children. Save the Children UK in the Philippines was greatly involved in the research initiatives of the Alliance on the physical and emotional punishment of children through its Research on the Physical and Emotional Punishment of Filipino Children, which was conducted in Cebu City in the Visayas and in Caloocan City in Metro Manila.The research provides information on: (1) What children think about physical punishment; (2) The types of punishment inflicted on children; (3) The context of punishment (settings such as homes, schools, streets, institutions, and juvenile justice); (4) Who punishes children and why; (5) What adults think about physical punishment and discipline; and (6) Local means of non-violent conflict resolution, which can be used in programme interventions and advocacy (Save the Children UK, 2006).According to the National Parent Teacher Association (2000) research has shown that effectively engaging parents and families in the education of their children has the potential to be far more transformational than any other type of educational reform. Foreign Literature In October 2004, according to Helen Phillips, San Diego, the age at which kids first fall victim to bullying could influence how strongly they are affected, suggests a new study. And, surprisingly, it is not the youngest kids who are hurt the most in the long term.Bullying can have long-lasting effects, but particularly when it begins in adolescence, the researchers say. People subjected to either verbal or physical bullying are known to be at greater risk for developing depression, anxiety disorders or to behave violently. But not everyone reacts in this way. Children bullied for the first time before they hit puberty seem to get over it, but those are victimized for the first time late on in puberty seem to become more aggressive or are more likely to turn to drink as a means of coping. Much research has been devoted to the subject of parental involvement and how it affects the lives of children.Major legislation such as the Goals 2000, the Educate American Act and the reauthorization of the Elementary and Secondary Act (ESEA) have made parental involvement a national priority (Kyle, McIntyre, Miller, & Moore 2002). Methodology This research will address a problem that facing c hildren of all ages; this serious issue is bullying. The problem of bullying in schools is an important issue that needs to be further addressed. The specific aspects of bullying that need to be further studied are what causes bullies to bully peers and how victims cope with the way they are being treated by classmates at school.When teens bully, it is likely they are experiencing some sort of personal problem that needs treatment, and those who are victims develop problems that need to be treated. All students who are involved with bullying, regardless of whether they are bullies or victims, need interventions before more serious issues develop. The problems both victims and bullies face can affect society as a whole since they can lead to more violent acts, suicides, and an increase in substance abuse.The more that is known about the issues associated with bullying, the more social workers can do to prevent it and develop better understandings of how to treat bullies and victims. This research will further explore causes of bullying behaviors and the coping mechanisms victims’ issue. The information gathered can potentially be useful in raising awareness on this topic and for creating new policies on bullying. Conclusion Based on the findings, the following conclusions are given concluded: Bullies react aggressively in response to provocation or perceived insults or slights.It is unclear whether their acts of bullying give them pleasure or are just the most effective way they have learned to get what they want from other. Bullying negatively affects both the child being victimized and the child who is the bully. There are always short-term affects and if the bullying is severe enough there can also be long term effects. Children who are bullied can suffer from low self esteem and other emotional problems and children who do the bullying are much more likely to have problems with drugs and alcohol later in life.The victims of bullies often loose self e steem, start having trouble in school, and withdraw from friends and activities. If it is not stopped and continues for long enough, children can suffer these problems permanently. Not being able to understand the harm they do to themselves, psychopathic bullies are particularly dangerous. Bullying should not be taken lightly as it can cause serious problems for all the children involved. Being bullied is a very stressful ordeal for children. Many bullying victims are reluctant to talk about their experiences making it even harder to help them.Never tell the child just to ignore the bullying. They will feel as if you are just going to ignore it and they should not have bothered to tell in the first place. Make contact with bully’s parents. Often they are unaware of their child’s behavior and will want to help work with you to make positive changes. Do not allow your child to hang around empty playgrounds or stay late at school alone. Teach them to always use the buddy system. Sometimes children exhibit certain behaviors that irritate or provoke others.If this is the case, help the child to find more suitable ways to interact with friends and peer groups. Bullying will forever plague schools all over the world and it is vital to know ways in which teachers and parents can work together in order to lessen the blow bullying has on society, and keep our children safe and happy. A higher quality of life for students where they can focus on their academics at school rather than on bullies will provide them with less stressful lives and prevent many of the problems, such as depression and suicide, which can oftentimes be linked to childhood violence.Definition of Key Terms * Anxiety – a nervous feeling caused by fear that something bad is going to happen; worry. * Buffering – a person or thing that reduces a shock or protects somebody or something against difficulties. * Bully – a person who uses his or her strength or power to frig hten or hurt weaker people. * Bullying – is a form of aggressive behavior manifested by the use of force or coercion to affect others, particularly when the behavior is habitual and involves an imbalance of power. * Depression – to make somebody sad and without enthusiasm or hope. Detrimental – harmful. * Feasible – that can be done; practical. * Impact – a strong effect or impression. * Institution – an organization established for social, educational, religious, etc. purposes. * Intervention – to become involved in a situation, especially so as to prevent something happening or to try to help somebody. * Recommendation – to suggest a course of action; to advise something. * School – educational institution for pupils up to 19 years of age. Reference/Bibliography Website/Internet * http://www. olweus. rg/public/authors. page * http://www. google. com. ph/url? sa=t&rct=j&q=research%20paper%20about%20bullying&source=web&c d=5&cad=rja&sqi=2&ved=0CGwQFjAE&url=http%3A%2F%2Feportfolios. ithaca. edu%2Fcmoses1%2Fdocs%2Fbullying. doc&ei=bsM1UaT4K4iOiAfv6IHgAg&usg=AFQjCNEwrr4Ecj-700ei_BMFwMutkTIhcA&bvm=bv. 43148975,d. aGc * http://www. slideshare. net/victoriasantos9822924/bullying * http://www. ed. psu. edu/educ/pds/teacher-inquiry/2006/plackek. pdf * http://www. rb. se/eng/Programme/TheUNStudyonViolenceagainstChildren. htm