A Comparison of Discipline Models Free Essays

A Comparison of Discipline Models ComparisonsWongKagan, Kyle and Scotts Morrish Theories†¢His idea is a conviction that the students’ achievements are self-absorbed by the strategies utilized. †¢This theory has a strong places that are imparted to the understudies †¢It valuable and innovative establishment. passes on the sensible aptitudes of the understudies †¢ supports correspondence with the understudies in the homeroom †¢This model incorporates strategies and approaches imagined to help understudies with being deferential, responsible, and agreeable. We will compose a custom paper test on A Comparison of Discipline Models or on the other hand any comparable theme just for you Request Now Strengths†¢It has an exceptionally clear procedural and indicates plans expected (what to state, objectives to have at the top of the priority list, desires, and so on ). †¢Can effectively be followed on the grounds that it is planned (before school after school and what occur for the duration of the day. have Communal and clear possibilities for understudies †¢ Positive and inventive premise. †¢convey the imminent of the understudies. †¢ sustains correspondence and duty. †¢ This displays a solid thought of human instinct and how understudies tend to react. This model has three clear components †preparing, instructing, and overseeing †and this makes it effectively executed and estimated by the teachers. Weaknesses†¢One of the shortcomings is that it has cause-impact associations among standards and understudy commitment that are not thoroughly obvious. centers extra around the achievement and conduct of the instructor with respect to what to do and when) than the prerequisites of the students†¢ One of the blemishes is utilizing the study hall to help the student’s capacity to ace antagonistic viewpoints and shape capacities that are idealistic debilitate negative Behavior. This model depends on typical possibilities and hence derivations on reaction more than dispatch. Advantages†¢The hypothesis shows total of what the instructor has command over, all evaluations can use It sustains control and bearing, probability and consistency. †¢ A since of pride for the understudies as they gain information and their capacities, with the assistance of the instructor change their negative into positive. shows the understudies individual, and learned advancement †¢ This idea, when applied effectively and known by the understudies, can achieve an all around planned study hall. †¢ Students who are instructed this idea will learn love and restriction. Disadvantages†¢The key inconvenience to this way of thinking is its firmness. It additionally doesn't consider contrasts, o r individual student’s needs, and unanticipated strategies †¢ Some instructors that are applying this idea may battle through change to understudy necessities and lead. Teachers who us this idea might be excessively eager and may have some deterrence, and spot to high of requests on the understudies. †¢ Students may turn out to be excessively rely upon the educator and act in unmistakable manners to get consideration. †¢ Centering on perspectives can make a teacher investing less energy in class content. †¢ This hypothesis may perhaps battle with group and standpoints in some the social request or settings. †¢ Students may not ingest the idea of going along, and could cause future change. Instructions to refer to A Comparison of Discipline Models, Essay models

Fracturing in petroleum engineering Research Paper

Breaking in oil designing - Research Paper Example Subsequently, this exploration paper tends to water driven cracking as for breaking process, mechanics of breaking, history of cracking, sorts of breaking liquids and added substances and the kinds of breaking forms. Water driven Fracturing Hydraulic cracking includes the utilization of liquid, which is siphoned at a decided high weight into a given area of the wellbore, to upgrade oil creation. The high weight fluid discovers its way into the stone development containing oil and makes breaks from the wellbore, which stretches out into the oil containing rock arrangement (Yew 1). The set up cracks give stream ways of oil into the wellbore, which is then siphoned out of the oil well. Figure 1 shows the pressure driven breaking process. As appeared in figure 1, the forced liquid siphoned through the very much bore prompts crack engendering in the breaking phases of the procedure. Figure 1: Hydraulic cracking procedure (EPA) History and Examples of Fracturing The utilization of breaking in oil building to animate oil creation began during the 1860s, long after oil creation was concocted. After some time, significant headway has been knowledgeable about the field of water driven breaking especially concerning the advancement of pressure driven liquid mixes for most extreme productivity (EPA 1). Different improvements incorporate the advancement of upgraded types of gear for infusing liquid and checking pertinent information particularly liquid weight, break profundity and crack width (Yew 6). Water driven breaking has been broadly applied in the oil business. For instance, insights show that breaking is generally led to around 90 percent of oil wells in the United States to animate oil creation (Earthworks). Mechanics and the Process of Hydraulic Fracturing Hydraulic breaking should be possible on oil wells that have been bored on a level plane, vertically or directionally (inclining) (EPA 1). Liquids utilized in pressure driven breaking are included water (or meth anol, oil or a mix of methanol and water in vital extents) and synthetic added substances. Water-based pressure driven breaking liquids are the most widely recognized of the four kinds of water powered liquids. Water content in pressure driven breaking liquids is exceptionally reliant on the stone development and the site of cracking, and it very well may be up to 99 percent inferring that added substances can be as meager as 1 percent of the liquid substance (EPA 1). The amount of liquid for pressure driven breaking likewise depends with site (profundity of oil well) and rock arrangement. For the most part, water amount may shift between 50,000 gallons (189 m3) to around 350,000 gallons (1325 m3) (EPA 1). Silica sand or other little particles (in fact known as proppant or propping operators) are included into the water powered cracking liquid, which serves to keep up the vacant situation of the built up breaks (propping/supporting). The rule behind water driven cracking is that the hydrostatic weight of the infused breaking liquid ought to surpass the splitting weight of the objective stone development subsequently prompting a system of breaks through the stone (Spellman 11). The breaks emerging from the cracking procedure are in fact alluded to as pressure driven actuated breaks. Since breaking activity is generally directed at gigantic profundities (oil investigation happens everywhere profundities), water driven

RainbowFloor@MIT

RainbowFloor@MIT Originally, I planned on naming this entry “Cool Stuff at MIT” and making it an ongoing seriesâ€"but then I remembered how much cool stuff actually goes on at MIT, and decided that said series would inevitably morph into something disproportionately large and cumbersome, like the Snorlax of bloggerdom, crowding my blogspace with its inconvenient, road-blocking girth ander, sleeping habits, I suppose. (Yes, I happen to be a less-than-rehabilitated Pokv ©mon nerd. However, as I realized when I wandered, stunned and amazed, out of my suite kitchen one night, the sound of a cadre of people assembled in my floor lounge singing the original Pokv ©mon theme song making its way like sweet nostalgia to my ears, I’m in good and plentiful company.) And I bet you thought I couldn’t find a Pokv ©mon approximation of Tim the Beaver. WRONG.However, I digress. What I really meant to talk about was MIT’s Rainbow Floor, which I honest-to-god stumbled upon, randomly, after turning in an 18.01A pset about a week ago. Certainly, the last thing you’d probably expect to find while roaming the halls of Building 6C (a Course 3â€"Materials Science and Engineeringâ€"building) is giant floor-artwork*, but by god, there it was. And, luckily, a camera was on hand to take shameless tourist-pictures. As I found out later, the Rainbow Floor actually has a real name**; but it is, sadly, quite lame. You know, that ultra-minimalist artsy sort of lame, where the artist decides to strip the title of anything actually evocative of the piece in the first place, all for the sake of coolness or whathaveyou. Therefore, it shall remain Rainbow Floor (@MIT) to me. So, in order to take these pictures, I got up on a ledge bordering the entire atrium. Cool. That is, until I realized that there was a big room right behind me, and a meeting going on in that room, and thus quite possibly a whole bunch of people in that meeting staring at the random crazy girl who’d jumped onto their window ledge. After the minor heart attack I had upon spotting the people conducting serious business behind me, I took one more picture before scampering back down, off the ledge and out of sight. I’ve been told the whole thing was vaguely reminiscent of a frightened squirrel escaping danger. I’m extremely drawn to bright colors. This would be more of a problem if I was lower down on the evolutionary chain. Yay humanity? More information can be found here. They also have some good bird’s-eye pictures of it, which I was unable to get as I am not, in fact, a bird (as previously mentioned). Also, I only had ten minutes to get back to my calculus lecture, and with my exceptional ability to get lost in any and all circumstances, I figured wandering around in order to get a better shot was probably a no-go. *Well, maybe not the absolute last thing. I’d probably expect giant floor art before zombies, or the ceiling opening up to reveal a rain of pastries. Or the secret to being good at and/or actually enjoying physics. Which, please, universe: make those last two happen. Kthx. **Because I suppose I must, and because I know not everyone will check out the link: for the record, the piece’s real name is Bars of Colors within Squares, by Sol LeWitt.

theme Essay - 740 Words

Theme is a concept that can be related to all works of literature ranging from short stories to novels. Theme, which is sometimes used in the same sense as motif to signify recurring concepts in literature, refers mainly to the arguments or general ideas expressed by a literary work, whether it is implied or explicitly stated. In the short story â€Å"Harrison Bergeron† by Kurt Vonnegut Jr. theme played a vital role in the stories general setup. â€Å"Harrison Bergeron† theme was on a general basic of equality. Equality is a subject that is very touchy and most do not know how to conquer or talk about it, but Vonnegut captured it in his story â€Å"Harrison Bergeron.† According to Vonnegut and his them equality could be obtained by these three main†¦show more content†¦And George, while his intelligence was way above normal, had a little mental handicap radio in his ear. . . Every twenty seconds or so, the transmitter would send out some sharp noise to k eep people . . . from taking advantage of their brains (Vonnegut 235).† This showed in the story how the author tried to make everyone have the same intelligence. nbsp;nbsp;nbsp;nbsp;nbsp;Another one of the main objectives in the story â€Å"Harrison Bergeron† was that everyone must have the same strengths and weaknesses. It was shown an ample amount of times in the story that â€Å"all this quality was due to the 211th, 212th, and 213th Amendments to the constitution (Vonnegut 234).† One person that was really affected by this amendment, because he was considered strong, was Harrison. He was taken from his parents at the young age of 14, and had many handicaps. â€Å"Nobody had ever borne heavier handicaps (Vonnegut 236)† than Harrison. The government knew that he was of the strong, and the ladies considered him handsome, so they made sure that his handicaps would make him look as if he was a hideous creature. This is one main point which showed that everyone must have the same strengths and weaknesses and if they did not and broke loss of the handicaps they would die or be kill like Harrison was. nbsp;nbsp;nbsp;nbsp;nbsp;Last but not least, one of the themes objectives was to make everyone look alike and be or the normal and not elite. This is something that truly can notShow MoreRelatedPersonal Theme : Personal Themes995 Words   |  4 PagesThe second person I chose to connect with to discuss my Signature themes is my mother, Lynda, who also agrees with all five themes assigned to me. Her response to the first theme, Harmony, is that I work very hard with my exes to ensure that everything is harmonious for the kids, especially when dealing with their stepmom. She knows the kids have always been my priority and I want them to be happy and do not feel they should be made aware when there is tension between any of us. I have always believedRead MoreTheme Of The Story Games At Twilight720 Words   |  3 PagesThe story â€Å"Games at Twilight† could have a lot of theme statements to them, but there is only one that stands out. Ravi has a hard time understanding why he was left and forgotten about. The characterization of Ravi contributes to the overall theme of â€Å"games can be fun until you have to go above and beyond circumstances to win† because he is the littlest of them all, he’s scared of the shed, and Ravi waits till the last-minute to run to the porch to claim victory. Ravi is the little brother ofRead MoreTips On Choosing A Wordpress Theme1264 Words   |  6 PagesTips on Choosing a WordPress Theme Choose Your Layout When you sit down to construct your first WordPress website or blog you have a very big decision to make immediately, and that s choosing a theme. This is probably the first thing you will do after you install the software, and its major because your theme, or layout, is the first thing your readers will see. Your theme represents you, and your goal is to make it as appealing as possible. People will make an instant judgement as to the qualityRead MoreSherwood Anderson Themes And Techniques1605 Words   |  7 PagesCarlstrom Mr. Kaplan English IV 6 November 2017 Themes, Styles, and Techniques of Sherwood Anderson Sherwood Anderson was a novelist, short story writer, and poet. He wrote with an intense personal connection to the project he was working on at that time. His connection with his works was so great that the work often reflected his opinions and life experiences throughout his writings. This connection is very apparent throughout his major themes: societal reforms, human sexuality and experienceRead MoreThe Zoo Story Themes Essay816 Words   |  4 PagesThe Zoo Story is play that’s themes can relate to people today. These themes are very universal to today’s standards and well chosen for the plays plot, which fills into the storyline itself. Such themes used within the play are isolation, social outcast, and loneliness. Even though the themes may not apply to some people, they may express how many people may feel or describe people in their general outlook in life. The author really put deep emotions into his themes to really touch the readers andRead MoreTheme s Of The Book Echo, Great Ambition 1043 Words   |  5 PagesAll books have themes that teach the reader a lesson. The theme of the book Echo is great ambition. Another book that has a great theme is Tuck Everlasting which has the theme of hope. I have read so many books with many great themes. But one book that I read in my summer reading assignment is Red Queen. This book’s theme was so intriguing. Usually, books have themes like friendship, love, and kindness. But the Red Queen had a very interesting theme. The theme of this book was trust and betrayalRead MoreAnalysis Of Wordpress Themes1224 Words   |  5 PagesAnd Ive been using MyThemeShop, which has WordPress themes and plugins, for years. In fact, they are the only theme and plugin shop that I have ever used! Before paying for their WordPress themes, I used their free themes. Then I jumped in with both feet and got the extended subscription because I was confident in their products and the fact that I will be usin g them until the day I stop blogging. So, if you are in the market for a WordPress theme, I thought I would share a little bit about MyThemeShopRead MoreEssay on Themes and Characters in For Whom the Bell Tolls898 Words   |  4 Pages Themes and Characters in For Whom the Bell Tolls nbsp; For Whom the Bell Tolls, by Ernest Hemingway, is a contemporary novel about the realities of war. The novel is wrought with themes of life and stark direct writing. The characterization in the story is what comprises the intricacy of the underlying themes within the tale. The story itself is not complex, but the relationships of the characters with the environment and with each other coupled with Hemingways command of description andRead MoreEssay about Themes of The Village by the Sea by Anita Desai 939 Words   |  4 PagesThemes of The Village by the Sea by Anita Desai The novel, the village by the sea by Anita Desai is about how Hari and Lila struggle for the survival of their family in the absence of their drunken father and ill mother. As portrayed in the beginning of the novel, the opening scene is described to be an unstable environment. This is reflected by the setting of the waves and how they are portrayed to be unstable as the author uses phrases such as high tide and low tide to showRead More Good Country People by Flannery OConnor Characterization as Theme914 Words   |  4 PagesGood Country People by Flannery OConnor Characterization as Theme The Depth of Hulga?s Despair Characterization is the most prevalent component used for the development of themes in Flannery O?Connor?s satirical short story ?Good Country People.? O?Connor artistically cultivates character development throughout her story as a means of creating multi-level themes that culminate in allegory. Although the themes are independent of each other, the characters are not; the development of one

The Bluest Eye By Toni Morrison - 1838 Words

The themes of sex, power and violence intersect throughout Toni Morrison’s novel ‘The Bluest Eye’ within a number of narrative scenes. The example Pauline uses is a recount of her more loving relationship with Cholly, where sex, power and violence are intersected as Cholly’s orgasm coming before hers gives her ‘a power’ of feeling ‘strong’, ‘pretty’ and ‘young’ . However, there are also contradictory intersections of the themes in the novel, such as the intersection of sex, power and violence within Cholly’s rape of Pecola, which leaves both characters powerless. Power and violence are almost always connected; to be ‘powerful’ one must violently assert themselves as superior over another. Sex then frequently intersects with these two themes to either strengthen or undermine this power; a power which is either violently achieved or violently strengthened or diminished by sex. Therefore I will argue that whilst power and violence always intersect as a character cannot have one with the other; sex can then have opposing consequences on this intersection; due to the different ways in which the themes intersect throughout the novel. These varying presentations can thus provoke alternative interpretations of the novel which can be seen in the works of literary critics, which I will continually refer to throughout this essay. Sex, power and violence are firstly intersected in the novel through Morrison’s use of ostensibly innocent contemporary American culture images, such asShow MoreRelatedThe Bluest Eye By Toni Morrison1720 Words   |  7 Pagesof The Bluest Eye, Toni Morrison, criticizes the danger of race discrimination for any kinds of situations with no exception. The purpose of the paper is explain how pervasive and destructive social racism was bound to happen in American society. The intended audiences are not only black people, but also other races had suffered racism until now. I could find out and concentrate on the most notable symbols which are whiteness, blue eyes and the characterization while reading the novel. Toni MorrisonRead MoreThe Bluest Eye By Toni Morrison1587 Words   |  7 Pagessaid, â€Å"We were born to die and we die to live.† Toni Morrison correlates to Nelson’s quote in her Nobel Lecture of 1993, â€Å"We die. That may be the meaning of life. But we do language. That may be the measure of our lives.† In Toni Morrison’s novel, The Bluest Eye, she uses language to examine the concepts of racism, lack of self-identity, gender roles, and socioeconomic hardships as they factor into a misinterpretation of the American Dream. Morrison illustrates problems that these issues provoke throughRead MoreThe Bluest Eye By Toni Morrison956 Words   |  4 PagesHistory of Slavery Influenced the Characters of The Bluest Eye Unlike so many pieces of American literature that involve and examine the history of slavery and the years of intensely-entrenched racism that ensued, the overall plot of the novel, The Bluest Eye by Toni Morrison, does not necessarily involve slavery directly, but rather examines the aftermath by delving into African-American self-hatred. Nearly all of the main characters in The Bluest Eye who are African American are dominated by the endlessRead MoreThe Bluest Eye By Toni Morrison1189 Words   |  5 PagesA standard of beauty is established by the society in which a person lives and then supported by its members in the community. In the novel The Bluest Eye by Toni Morrison, we are given an extensive understanding of how whiteness is the standard of beauty through messages throughout the novel that whiteness is superior. Morrison emphasizes how this ideality distorts the minds and lives of African-American women and children. He emphasizes that in order for African-American wom en to survive in aRead MoreThe Bluest Eye by Toni Morrison1095 Words   |  5 PagesSocial class is a major theme in the book The Bluest Eye by Toni Morrison. Toni Morrison is saying that there are dysfunctional families in every social class, though people only think of it in the lower class. Toni Morrison was also stating that people also use social class to separate themselves from others and apart from race; social class is one thing Pauline and Geraldine admire.Claudia, Pecola, and Frieda are affected by not only their own social status, but others social status too - for exampleRead MoreThe Bluest Eye By Toni Morrison2069 Words   |  9 Pagesblack/whiteness. Specifically, white people were positioned at the upper part of the hierarchy, whereas, African Americans were inferior. Consequently, white people were able to control and dictate to the standards of beauty. In her novel, ‘The Bluest Eye’, Toni Morrison draws upon symbolism, narrative voice, setting and id eals of the time to expose the effects these standards had on the different characters. With the juxtaposition of Claudia MacTeer and Pecola Breedlove, who naively conforms to the barrierRead MoreThe Bluest Eye By Toni Morrison1103 Words   |  5 Pages Toni Morrison is known for her prized works exploring themes and issues that are rampant in African American communities. Viewing Toni Morrison’s novel The Bluest Eye from a psychoanalytical lens sheds light onto how, as members of a marginalized group, character’s low self-esteem reflect into their actions, desires, and defense mechanisms. In her analysis of psychoanalytical criticism, Lois Tyson focuses on psychological defense mechanisms such as selective perception, selective memory, denialRead MoreThe Bluest Eye By Toni Morrison Essay1314 Words   |  6 PagesThe Bluest Eye, by Toni Morrison, encompasses the themes of youth, gender, and race. The African American Civil Rights Movement had recently ended at the time the novel was written. In the book, Morrison utilizes a first-person story to convey her views on racial inequality. The protagonist and her friends find themselves in moments where they are filled with embarrassment and have a wish to flee such events. Since they are female African Americans, they are humiliated in society. One of Morrison’sRead MoreThe Bluest Eye By Toni Morrison1462 Words   |  6 PagesBildungsroman literature in the 20th century embodies the virtues of different authors’ contexts and cultures, influencing the fictional stories of children’s lives around the wo rld.. The Bluest Eye is a 1970 publication by Toni Morrison set in 1940s Ohio in America, focal around the consequence of racism in an American community on the growth of a child, distinct in its use of a range of narrative perspectives. Annie John by Jamaica Kincaid is a novel set in post colonial Antigua, published in 1985Read MoreThe Bluest Eye By Toni Morrison992 Words   |  4 PagesSet in the 1940s, during the Great Depression, the novel The Bluest Eye, by Toni Morrison, illustrates in the inner struggles of African-American criticism. The Breedloves, the family the story revolves around a poor, black and ugly family. They live in a two-room store front, which is open, showing that they have nothing. In the family there is a girl named Pecola Breedlove, she is a black and thinks that she is ugly because she is not white. Pecola’s father, Cholly Breedlove, goes through humiliated

Native Language Support Free Essays

When examining sociolinguistics views relating to whether or not children should have support in their native languages, there are surprisingly several theories. With each article and author, with each study, a new idea is formed. Likewise, non-linguists responded the same way. We will write a custom essay sample on Native Language Support or any similar topic only for you Order Now For the interviews, I interviewed Isaac, Betty, and Chantelle. All thought that support came from the family and they had various reasons why they thought so; when it came to potential problems, social factors were the answer. Native Language Support Betty believed that there should definitely be support for native language speaking. This support should be centered around the home and around family. She elaborated: â€Å"What does it look like? Well, I would say that the more interaction with the parents and family, the better. Sit down and talk. Read, write, just use the language. That’s supporting it. Practice is support. † She believed that the government should not pressure English only at home. They have no authority to have influence what is spoken at home at all. Isaac was eerily similar in his viewpoints: he thought children should be able to speak to their parents and family in their native language. They could easily be supported in this by having TV channels accessible, by having movies, books, a strong community tie with others speaking the same language. He stressed that he had TV while growing up and international channels that helped him learn fluent Spanish that sounded more native than the broken Spanish he would have spoken with no contact with other people speaking the language. Today, he’s able to speak with others with no issues, and has no issues with English, either. Chantelle was of slightly different opinion. She thought it was definitely better to use some English at home, along with the native language. Parents should be able to use some English to make sure that their children know and understand the language that they need to use in the outside world. To her, there should be a balance between the two. Essentially, yes, children should be supported in their native language, but not to the same extent as Betty and Isaac want. She also adamantly refused that the government have anything to do with languages, interestingly enough. Why? Why Not? Children can focus on their native language at home because they have more than enough opportunities to learn and practice their English outside of school. They naturally tend to utilize extracurriculars and media to assimilate or adapt to the mainstream culture. Isaac and Betty both explained these points and mentioned that speaking a native language is a freedom that the US has no right to meddle with. â€Å"English is not the official language, and we do not need to speak it in the privacy of our homes. † When asked why support should come from family, Betty said, â€Å"where better than to get a sense of self than from family? Where else to get someone speaking with you than your own community? However, this view establishes a sort of dichotomy between home life and school, and it may hinder progress, according to Mushi (2010). The government shouldn’t have much to do with the languages because â€Å"it’s like the freedom of religion. It gives others reason to discriminate. The country should not be biased against a certain group and language counts in this category. † This idea really contrasts with Wil ey said about the role of English. Its important to note that English functions as if it was the official language, even if it is not official. Therefore, according to the article, it is functionally important, and relevant to emphasize English learning. Chantelle’s government position consists of a rejection that the government is capable of handling such a sensitive subject. â€Å"I disagree with English only rules, I think it’s completely insensitive. The government indirectly forces you to learn languages, and that’s wrong. It’s as personal as your own belief systems. † Problems with the Approaches Isaac saw â€Å"no serious problem with someone speaking their language at home. Maybe now the kids will grow up knowing how to curse in a whole bunch of languages. This was the extent of his issues. For government interactions, though, he pointed out that the government did not interfere with languages to help diversity; it interfered for it’s own gains, own political and international agenda. There really is not as strong an incentive for people to learn other languages. Thus, the g overnment helping to support native languages would not be effective. Filmore points out in one of the points made, that the government supporting bilingual education would enable more students to pass high school as opposed to dropping out. This has no self centered motives, but a desire to have more multilingual speakers have an education (2004). Chantelle and Betty were similar in that they both recognized that some parents are unwilling to support native tongues. Some parents are not able to. Sometimes, the children themselves reject the native language. Each family and case is a different situation, and it’s sensitive enough not to be generalized. Some individuals may not like their culture or language, either, so the support systems definitely has it’s flaws. And this view makes sense, because because Filmore (2004) states:â€Å"for many, English is not just a language. It’s synonymous with being American. † Conclusion Overall, I did not get the reactions I was expecting. Most people seem to view language as a private and personal thing, almost like their religion. They don’t want government interference typically, but only do when it benefits them. One thing Filmore pointed out was that the public thinks the use of languages other than English in school and everywhere else means that the speakers of those language don’t change or learn English (2004). All of the responses from the public contradicted this linguistic thought, however. It may be that the more people one interviews, the more the linguistic idea will be supported, but in this case, the public did not think there was a correlation between these two ideas. The public thought it was perfectly acceptable to speak another language at home, and speak English outside, in the workforce, and be multilingual. They didn’t think the lives would be dichotomous, but it would blend out of necessity. It would ultimately become, as cliched as it sounds, the best of both worlds. How to cite Native Language Support, Essay examples

Tort Law in Australia Samples for Students †MyAssignmenthelp.com

Question: Discuss about the Tort Law in Australian Business. Answer: A tort may be defined as a civil wrong that is committed by one individual against another. There is no specific legislation or a statute that defines the term as it has evolved mainly through common law or judge made laws. Tort law in Australia is heavily influenced by the common law of other countries such as the United Kingdom owing to the colonial heritage of Australia. However, there have been modifications in the tort law with the enactment of the statute Civil Liability Acts in several Australian states. Some of the common torts in Australian Law includes negligence, trespass, misrepresentation, breach of statutory and public duties, interference with employment and family relations, intentional damage to economic interests, private nuisance, defamation, etc (Leon 2015). The torts applicable in business situations are known as economic torts. Economic or business torts are wrongful acts that are committed against the business entities. Such wrongful acts are often committed deliberately and sometimes they result from recklessness or negligence, which causes some kind of pecuniary loss to the aggrieved party. Although these torts are not criminal offenses but some acts may amount to criminal offences as well such as restraint of trade (Little et al. 2014). The wrongful acts that leads to financial loss in business as a result of intentional negligent acts, the aggrieved party or the business is entitled to bring a civil compensation in the civil court and seek monetary compensation or obtain an injunction order with a view to prohibit the defendant from committing such unlawful activities. The most common form of torts that is applicable in business situations includes the tort of negligence and the tort of misrepresentation. Negligence may be defined as the failure of an individual to exercise duty of care towards a person he owed such duty. The principle that an individual owes a duty of care to his neighbor has been established in the Donoghue v Stevensons case. The term neighbor refers to the person who would be affected by the acts or omissions of the person committing such acts or omission. The risk of harm that would result from the action or omission of the person must be reasonably foreseeable and the person must take reasonable steps to avert such risk. In order to establish a claim against a person for negligence, the aggrieved must establish the essential elements of the tort of negligence. The aggrieved party must establish that the defendant owed a duty of care and has caused a breach of that duty. The plaintiff has suffered damages and sustained injuries as a result of such breach. The damage caused must be the direct result of the consequence of such breach as was held in Barnett v Chelsea Kensington Hospital [1969] 1 QB 428. Further, it is imperative to establish for the aggrieved party that the loss resulted was the consequence of breach and the risk was reasonably foreseeable. Any reasonable person could have foresee the risk if he was in the position of the defendant, under same circumstances. This principle was introduced in the case Wagon Mound No 1 [1969] AC 388, where the court ruled that if the defendant were liable for the loss that was foreseeable, he would be completely liable for the loss. An instance of tort of negligence in business situations may be exemplified in a case Oyston v St Patrickss College [2011] NSWSC 269, where a student won a negligence case against his school where the school failed to exercise its duty of care. Jazmine Oyston brought a legal action against her former high school, St. Patricks College, in New South Wales, on the ground of negligence. Jazmine alleged that she was injured at the time of enrolment and was subject to harassment, bullying which caused her to suffer from panic attacks, depression, and anxiety. She alleged that the policies and practices of the school failed to safeguard her from the foreseeable and recognized harm. The court held that the risk of harm was foreseeable and the school had foreseen the same that the students were often bullied and harassed by some of the pupils in the school. The court laid emphasis on the fact whether the school policies or other reasonable steps taken by the school as sufficient to ensure that the school has fulfilled its duty of care that it owed to Oyston. In this scenario, the court stated that the school was have failed to exercise its duty of care as despite the implementation of the policies of the school related to bullying, the school has failed to take reasonable steps to safeguard Oyston from being subject to bullying or harassment when the school was aware of the problem. The policies were inadequate and consequently, Oyston sustained injuries (Stickley 2016). The judge further stated that any reasonable person would have initiated investigation of the complaints made by Jasmine and would have arranged for strict monitoring of the actions of the pupils. In terms of causation, the judge held that the injuries sustained by Oyston in the form of psychological injury, is the direct result of the failure of the College to take reasonable steps to prevent Oyston from being injured due to such bullying or harassment. The court has awarded damages to Oyston. In this present scenario, it can be observed that the plaintiff, Oyston, had established that the college owed a duty of care to her, it had failed to exercise such duty of care, and such breach has directly caused her damages. The college failed to take reasonable steps to prevent such risk when it was reasonably foreseeable by the college. The torts of misrepresentation refer to the false statement of law or fact that induces a representee to enter into an agreement. A statement that is made during negotiations is classified as representation and when the statement turns out to be false, it is classified as misrepresentation. In case, any contractual term turns out to be a misrepresentation, the contract becomes voidable which implies that the representee is entitled to set aside or rescind the contract (Sandeen 2015). In order to establish a claim of the misrepresentation, the aggrieved party must establish the essential elements of misrepresentation. One of the significant element of misrepresentation is false statement with respect to any fact or law as oppose to opinion or estimate of future events. This element was considered as an essential element in Esso Petroleum v Mardon [1976] QB 801. If the person making false statement is aware of the fact that the statements are false, he shall be held liable for committi ng misrepresentation as was observed in Smith v Land House Property Corp [1884] 28 Ch D 7. The other essential element of misrepresentation is that the aggrieved party has relied on the false statement made by the representator and have entered into the contract. If the aggrieved party has not relied on the false statements made by the representator, or was not induced to enter into a contract, he shall not be entitled to bring a claim of misrepresentation (North and Flitcroft 2016). There are three types of misrepresentation, which includes fraudulent misrepresentation, negligent misstatement, and innocent misrepresentation. An instance of misrepresentation from recent business scenario can be observed in the Joystick Company Pty Ltd where the Australian Competition and Consumer Commission (ACCC) has initiated legal proceedings against the Joystick Company in the Federal Court on the ground that the company has been engaged in misrepresentation of products. The company has been alleged for making false statements to its customers that the products of the company do not contain any formaldehyde or toxins. The commissioned tests conducted against the company reveal that the tested e-cigarette product of the company contains toxic chemicals including acrolein, acetaldehyde that is carcinogenic to humans. The court held that the director of the joystick company is aware of the fact that the products of his company contains toxic chemicals that is injurious to the human health and still the company makes false statements to induce the consumers purchase their products (Corones 2014). In Australia, the Competition and Consumer Act 2010 was introduced to safeguard the rights of the consumers with respect to the conduct of the seller in relation to trade and commerce. The statute prohibits individuals, businesses form engaging into any unfair practices under section 18 of schedule 2 of the Act that deals with Australian Consumer Law that involves misleading or deceptive conduct, unconscionable conduct, unfair terms, false, or misleading representations, bait advertising, referral selling, misleading the public etc. The schedule 2 of the Competition and Consumer Act 2010, stipulates consumer guarantees to the consumers, which must be complied with the persons or businesses providing such goods or services. The consumers of the businesses are entitled to receive goods or services of appropriate quality and the statements made by the persons or businesses with respect to the quality, condition, value and price must match while the goods are delivered and services are r endered to the customers. The businesses in Australia are prohibited from making any false statements that are likely to mislead or induce the customers to enter into the contract. The other forms of torts other than negligence or misrepresentation that are applicable in business situations include restraint of trade, fraudulent misrepresentation, defamation, breach of statutory duties and intentional damage to economic interests (Howells and Weatheril 2017). The businesses must not make false statements knowing it to be false without believing that such statement is true. It must ensure that the businesses do not be recklessly careless about the fact whether such statement is true or false. The persons carrying out the business must not make any statement for which they have no reasonable grounds to believe that such statement is true. The torts of negligence and the torts of misrepresentation are the most common torts that take place in the corporate world. For instance, in a business situation, within the premises of the retailer, the retailer must ensure that it does not engage in any conduct that would engage any unfair practices (Latimer 2016). The retailer must ensure that he does not make any false statement regarding the quality, value, price, condition or nature of the goods and services rendered to the customers to prevent any act of misrepresentation. In regards to the tort of negligence, the businesses must ensure the safety of the goods and services and that such goods or services does not cause any harm to the customers, as the businesses owe a duty of care towards its customers. If the risk that may arise from the goods or the services is foreseeable, reasonable steps should be taken to avoid such risks and prevent the customers. In case of any claim made by the clients against the actions of the businesses, the businesses must establish that it had complied with the consumer guarantees stipulated by the Australian Consumer Law (Pearson 2017). Further, the Businesses must establish that it has disclosed all relevant information related to the goods or services, thus, ensuring safety of the customers. The statutory authority such as the Australian Consumer law, ensures that the businesses does not engage in any unfair practices which causes significant imbalance in the rights and obligations of the parties to the contract and that it does not results in the detrimental of the consumers (Brody and Temple 2016). In case of any unfair practices, the aggrieved party shall be entitled to refund or repair of the goods or compensate the aggrieved party for the loss suffered or injuries sustained by the aggrieved party. It is evident from the scenarios above; it is evident that any person who owes a duty of care must take reasonable steps to prevent any risk that may arise from the acts or omissions of the person exercising such duty of care especially when such risks are reasonably foreseeable. Another instance like that of Joysticks company, Uber brings a legal claim against mobile ad agency Fetch Media for making misrepresentations with respect to the mobile ads and have failed to prevent the advertising of such fraudulent ads thus, the company becomes liable for committing negligence and misrepresentation. These instances are evident of the fact that the business or Economic torts that arises out of business transactions are likely responsible for interfering with the business relationship and not only results in financial loss but affects the reputation and goodwill of the business as well. References Barnett v Chelsea Kensington Hospital [1969] 1 QB 428. Brody, G. and Temple, K., 2016. Unfair but not illegal: Are Australia's consumer protection laws allowing predatory businesses to flourish?.Alternative Law Journal,41(3), pp.169-173. Competition and Consumer Act 2010 schedule 2 Corones, S.G., 2014.Competition law in Australia. Thomson Reuters Australia, Limited. Esso Petroleum v Mardon [1976] QB 801. Howells, G. and Weatherill, S., 2017.Consumer protection law. Routledge. Latimer, P., 2016. Protecting Consumers from Unfair Contract Terms: Australian Comparisons. Leon, J.J., 2015. Negligence-Torts-Negligent Misrepresentation-Downfall of Privity-Hanberry v. Hearst Corp., 81 Cal. Rptr. 519 (1969).DePaul Law Review,19(4), p.803. Little, J.W., Lidsky, L.B., O'Connell, S.C. and Lande, R.H., 2014.Torts: Theory and Practice. LexisNexis. North, J. and Flitcroft, R., 2016. Businesses beware When does the Australian Consumer Law apply?.Governance Directions,68(5), p.306. Oyston v St Patrickss College [2011] NSWSC 269, Pearson, G., 2017. Current Issues for Consumer Protection Law in Australia. InConsumer Law and Socioeconomic Development(pp. 199-208). Springer, Cham. Sandeen, S., 2015. LAW9151-W. Torts: The Common Law Process. F15. Sandeen, Sharon. Smith v Land House Property Corp [1884] 28 Ch D 7. Stickley, A.P., 2016.Australian Torts Law. 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