Tuesday, December 24, 2019
Essay about Dubliners vs To The Lighthouse - 2348 Words
In Dubliners and To the Lighthouse, James Joyce and Virginia Woolf explore the depressing results of lives devoid of growth or meaning versus those who dare to live their lives in spite of all strife and adversity. Both concerned with the meaninglessness of stagnant lives, Joyce operating in pre-WWI Ireland, Woolf in England during and after the war. Joyceââ¬â¢s story The Dead and To the Lighthouse both reveal the despair of lives that occupy but do not fill the short span of time between birth and inevitable death. With The Dead, Joyce brings his lament for Irelands plight to its depressing yet strangely peaceful conclusion. Like other stories in Dubliners, The Dead tells quite a bit of the social depravity of an Ireland torn byâ⬠¦show more contentâ⬠¦Soon the reader must realize that all these celebrated figures are either long since dead, or living singers who are so obscure that only a single person has ever heard of them. It seems that the present society is totally de void of all beauty, for the glory of the past is lost, and the buds and timid blooms of the present are fatally obscured. Yet still these people gather yearly around the massive banquet table to engage again and again in the same sort of conversation, as Gabriel himself notes: But yet, continued Gabriel, his voice falling into a softer inflection, there are always in gatherings such as this sadder thoughts that will recur to our minds: thoughts of the past, of youth, of changes, of absent faces that we miss here to-night. Our path through life is strewn with many such sad memories: and were we to brood upon them always we could not find the heart to go on bravely with our work among the living. We have all of us living duties and living affections which claim, and rightly claim, our strenuous endeavors. (214) Gabriels speech to the assembled party is in quite a strange tone. Like many other characters in Dubliners, these people are preoccupied with thoughts of those who have not la sted another Christmas. With his talk of our work among the living, Gabriel seems to think either that he must remind everyone that they, too, are
Monday, December 16, 2019
Diet and Nutrition Free Essays
Overweight and obesity are among the most topical health related problems of our modern society. They are primarily associated with high risk for many terrible diseases, including heart attack, diabetes, etc. Recently, overwhelming majority of women and increasing amount of men are forced to pay serious attention on the meals they eat, to count the calories or to keep to some diet. We will write a custom essay sample on Diet and Nutrition or any similar topic only for you Order Now There is a great deal of information about dieting and following healthy nutrition-style available in contemporary mass media. There are special TV and radio programs, in which medical doctors or other specialists speculate about different diets and give valuable pieces of advice. It is possible to find special magazines and other editions, presenting one or another type of diets or weigh-loss programs for the general audience. Finally, there is abundance of Internet sites, dedicated to the problems of obesity and overweight. As a rule, the most of the recommendations, connected with dieting and putting off weight, are quite individual and must be specifically given for any particular person, taking into consideration his/her health and psychological conditions, present life-style, marital status and so on. But there are some common points and tips, which can be suggested to anyone, who is thinking about starting a new healthy nutrition and life-style. Speaking about diet, first of all, it is necessary to reduce the amount of highly caloric meals in daily ration. Primarily, those are baked and fried foods. Many diet specialists suggest total refusal of eating all sorts of bread and bakery, made from white refined wheat powder. At the same time, it is necessary to include some small amounts of household bread or graham crackers, because bread has some important rare nutrients, essential for human organism. Also, any type of fried food is considered to be dangerous and caloric. Fried and fatty meals are direct contribution into fat deposits, which are drastically increasing weigh of the body. The same can be said about sweet foods, especially sugar and its products. These foodstuffs are rich with glucose, which is a perfect source of energy, but, at the same time, can be easily conversed to fat. That is why one of the easiest and most common recommendations for fatty people is to lover the consumption of sugar, sweets and chocolate. Second important suggestion is decreasing the amount of junk food. Contemporary life is making us very busy and tired of our problems, children, offices, schools and all the things. That is why it is a good solution in many situations to use ready meals in fast food restaurants, or to prepare ready-to-cook products. At the same time, our favorite pizza, Big Mac or Whopper are simply caloric bombs. They are usually prepared on extremely dangerous fats or oils and have a lot of fat-containing ingredients, like cheese, sausages, etc. The third tip on improving nutritional habits is to avoid overeating and eating late at night. Dietologists suggest eating three-four times a day, serving a number of different meals in small portions. If hunger appears before the scheduled meal-time, some light yogurt, piece of fruit or tomato juice can be the best solution for handling it. Also, it is better to have dinner at least in two-three hours before going to bed. Certainly, not everything is based on correct nutrition and healthy food consumption in the program on putting off weight. Such activities like doing REGULAR physical exercises, being always moving and dynamic during the day, spending a lot of time outdoors and preferring active rest, are milestone points for people with extra weight. Besides, such spiritual practices, like yoga, proved to be very effective and supportive for those, who are trying to decrease own weight. If a woman is 5ââ¬â¢4â⬠³ tall and has 158 pounds of weight, she can find out (using some Internet resources or special comparative tables) that she is quite overweight, but, fortunately, not obese. That is why she does not need to keep to a strict exhausting diet, but some urgent steps must be done in order to put off her extra pounds. To do so, she needs to make some changes in her nutritional habits and establish some new rules of maintaining healthy life-style. To start with, she can adopt above mentioned recommendations, trying to lower the amount of fat and sugar in her daily meals and avoiding eating late at night. It would be necessary to learn cooking healthy meals, using as much as possible vegetables, cereals, fruit, meat, fish and other natural products. It would be healthy for all the family to give up eating macaroni or fried potatoes and enjoy delicious boiled or stewed foods, which are much more healthy and useful. Besides, she needs to re-schedule her daily routine and find more time for additional physical activity. For example, dieting can be perfectly supported by regular strolls or jogging. At the workplace it is better not to sit for long, or (if the work is connected with sitting) to do some frequent refreshing physical exercises. On the way home it is better to walk as much as possible, at least from the further parking place. Of course, it is good to use the opportunity of having active rest on weekends, like going out of the city, hiking, swimming, etc. The most important moment is: healthy nutrition and physical activity have to be regular. This will never work for people, who always put the things off until tomorrow and look for reasons to give up. Only doing regular exercises and always keeping away from unhealthy meals will work for good. This way, maintaining healthy life-style has to grow into a habit and work for keeping the body in normal weight for long time. That is why, in addition to everything above mentioned, it is also extremely important to get psychologically ready for the hard work on weight-loss plan. It will take enormous efforts to refuse some favorite meals, like cakes, hamburgers or fries; to follow the schedule of having meals; to learn how to cook new dishes; to find some time to do physical exercises or jogging, etc. It is necessary to remain focused on the goal and be ready to do everything possible to achieve it. Undoubtedly, dieting and following healthy life-style will bring some certain changes into daily activity of the woman. For instance, it may take some more time to cook more healthy meals, or some extra time will be required for doing exercises and outdoors activity. Thatââ¬â¢s why in the beginning her husband and children may feel lack of her attention; she may have no time for doing something she used to do; she can feel more tired and have lack of rest, etc. Nevertheless, in three or four months the first results will take place and the first pounds will disappear. By that time, the woman will definitely get into the swing of her new life-style and feel less pressure from the things to be done. Therefore, the first outcomes of her efforts will become clear. Sheââ¬â¢ll feel lighter and healthier, her self-esteem will rise and her capabilities will increase. This everything will immediately reflect on her family and bring to numerous positive reactions. How to cite Diet and Nutrition, Papers
Saturday, December 7, 2019
Discussion about Frank Perre v Apand Pty Ltd [1999] HCA 36
Question: Discuss about the Report for Frank Perre v Apand Pty Ltd [1999] HCA 36. Answer: Facts: The appellants are a group of farmers growing potatoes in South Australia and exports the produce to Western Australia. Because of the negligence of the Respondent a disease known as bacterial wilt got introduced into the land of one of the farmer. Due to the disease the Western Australian Regulation prohibited the import of the potatoes from the infected farms as well as farms that were nearby. The appellants therefore filed a case against the Respondent for claiming damages as the Respondent owe duty of care towards the Appellants. Issues: Whether the Respondent owed a duty of care to all the Appellants, even though they were not physically harmed because of the respondent, but they had to face the consequence of the negligence of the Respondent. Whether pure economic loss is an element for determining duty of care that the Respondent owed to the appellants. Relevant laws and principles: Duty of Care- this duty envisages that there should be a duty to avoid any reasonably foreseeable loss that might be caused to others due to a negligent act of the person who owes the duty. It is a legal obligation that requires an individual to adhere to a standard of foreseeable reasonable care that needs to be kept in mind while performing an act, so that no harm is inflicted on others. In Donoghue v Stevenson, the context was used referring to inflicting harm upon neighbours. Knowledge- is a factor that needs to be taken in consideration while examining the concept of duty of care as, having knowledge (either actual or accordance with a prudent person) about people who are vulnerable and would be harmed by the actions of the individual needs to be reasonably foreseen and there lies a duty of care towards those vulnerable class of people. Reasonable Foreseeability- this is one of the determining factors of duty of care, wherein the scope of foreseeability is measured in terms of an act or care a prudent man would take in normal circumstances, and would take precaution so as not to harm his neighbour (Donoghue v. Stevenson) Ascertainable class- when there exists a group of people who belong to a particular category and shall be affected if any harm is caused even to any one individual that forms a part of the class and the class that so gets affected is foreseeably ascertainable by a prudent man is known as an Ascertainable class. Vulnerability- Where the defendant holds more control over the impact on the plaintiff occurred due to the acts of the defendant, i.e. the plaintiff is vulnerable to the defendant then any economic loss caused to the plaintiff, defendant shall be liable for the same. Where the plaintiff himself owed a duty to take care of himself and protect himself from any economic loss, then the liability cannot be imposed on another, although the plaintiff was made more vulnerable due to the act of the defendant (Hill v Van Erp (1997) 188 CLR 159). Pure economic Loss- loss when in the form of physical injury is easily seen and can be calculated, but when a loss is in terms of economic aspect then the loss cannot be seen and it may arise taking in consideration a number of factors for its calculation, such as expected future loss, loss arising from that loss etc. the financial loss could be direct or indirect. Arguments of the parties and analysis: Arguments of the Appellants: the Appellants argued that they suffered economic loss because of the activities of the Respondent, as they were a vulnerable class and hence the Respondent is liable to pay damages for the loss suffered. Arguments of the Respondent: The case was argued by the Respondents on the sole basis as to whether there was a relationship between the Respondents and the appellants, so that the respondents are held liable for the pure economic loss of the appellants. Analysis: there are certain factors that need to be kept in mind while determining cases of duty of care and the negligence resulted in a pure economic loss. In the case of Fortuna Seafoods Pty Ltd v The Ship "Eternal Wind" [2005] QSC 4, before the Supreme Court of Queensland, Justice Douglas laid the following determinants for Duty of care: Harm was reasonably foreseen. The defendants had knowledge. There was no indeterminate liability. The defendant had knowledge that there was an ascertainable class. The damage was a resultant factor of the activities of the defendant. The duty of care would not result in loses suffered to the defendant himself. Keeping the above determinants in mind there are certain factors that needs to be seen in the present case. Firstly, the defendants were able to foresee the harm that if there is a bacterial wilt caused to one of the farms then farmers within a radius of 20km will be affected. Secondly the defendants had knowledge that the export of potatoes by the South Australians to West Australia is a lucrative business and any harm to the farms would result into economic losses to the Appellants. Thirdly, the liability could be determined on the basis of the loss caused due to prohibition of export for 5 years, which could be calculated on the basis of the previous profits earned by the farmers from such export. Fourthly, the Respondents knew that the appellants are an ascertained class of people and loss to one farm shall affect the entire class. Earlier this factor was not taken into consideration as in the case of Christopher v MV "Fiji Gas" (1993) Aust Torts Rep 81-202, the class determinant was not taken into consideration, however after the present case the situation changed and if the respondent/ defendant is aware that the injured person of the class ascertainable by the respondent then a duty of care was owed even to them. Fifthly, the respondents had no economic impairment because of the duty they owe and sixthly, the economic damage caused to the appellants is a direct consequence of the activities of the respondent. Conclusion and Court outcome: Decision: Out of the seven judges, five considered that the Respondent owes a duty of acre towards the Appellants. This judgement is a landmark judgment as it became possible to claim damages without any actual physical harm, but only for financial harm also. Parameters for the limitation of duty of care were not set by this judgment but various observations were made with respect to the concept of duty of care. According to GLEESON CJ., there is lack of precision in case of economic loss, as it is difficult to be calculated since it is not apparent and could be direct or indirect. Referring to the judgement of Lord Bridge of Harwich in Caparo Industries Plc v Dickman, Gleeson CJ, said that the duty of care is not a limited concept it is extended to the concepts of proximity and foresee ability and there cannot be a three stage test for it. He held that the damage caused to the appellants who were in the proximity of the damaged area is a case of reasonable foreseeability and the harm caused to a vulnerable class of people towards whom the Respondent owed a duty of care. GAUDRON J, also allowed the appeal, and also discussed about the relationship that the appellants had, which was that they were all interconnected in terms of ownership and working and processing of the potatoes, and as the land of one farmer was affected the others were also affected due to the relationship that they held with the infected lands farmer. He further examined that the liability of economic loss that was caused to the appellants is based on various factors and not just one factor can be taken into consideration while calculating the liability, the factors comprises of relationship of proximity, foreseeability, and other factors that comprise the duty of care. He also added that in the present situation the proximity can only identify the foreseeability of harm caused to the appellants. It was held that the Respondents knew that a class of people exists, who will be impaired of their legal rights if there happens to be a disease within 20km of the area where they worked and hence, the Respondents owed a duty of care to keep in mind this factor. Here the duty of care rests o the factor that the Respondent had control over the rights of the appellants and was able to inflict harm. Proximity was culled out from the factors determining economic loss as in case of economic loss it was earlier believed that, there is a gain to the other party or to a third party, i.e. there is a transfer of the financial gain to someone. Therefore it became necessary to prove that the other party had some kind of gain and that liability must be imposed upon him. The court parted from the above view in the present case as it believed that proximity is a category of indeterminate reference par excellence." McHugh J. was in favour of the determinants such as reasonable foreseeability, autonomy or control in the market, vulnerability, knowledge of the defendant and indeterminability of the liability. Kirby J, favoured the Caparo test that was ruled out by the majority. Conclusion: The judgement criticised 4 tests as they all suffered from some or the other glitch. In the Caparo test (Caparo Industries Plc v Dickman [1990] UKHL 2) the proximity concept is not useful in cases of pure economic harm. The determinants fair and reasonable are difficult to be set as a standard as it vary from people to people. In the Anns Test (Anns v Merton London Borough Council [1977] UKHL 4) knowledge was important which cannot be now considered in the present times in terms of duty of care. The test of Precise legal rights was also ruled out, as it cannot be said that there can be no liability on others if there has been no infringement of an already existing right. Pure economic loss was allowed in this judgement which still holds as a law of the land and is an authority in cases pertaining to liability of economic losses where duty of care is required. Supreme Court has also held the principles followed in the present case as being the law as was established in the judgment passed by the Supreme Court of Queensland in Fortuna Seafoods Pty Ltd v The Ship "Eternal Wind" [2005] QSC 4,wherein damages for economic loss were allowed. Vulnerability has been introduced in the concept of duty of care as one of the determinants after the decision of Perre v. Apand was passed.
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