Health Law and Risk Management †Tort Reform Essays

Health Law and Risk Management – Tort Reform Essays Health Law and Risk Management – Tort Reform Paper Health Law and Risk Management – Tort Reform Paper Errors are failures of planned actions to be completed as intended, or the use of wrong plans to achieve what is intended; adverse events are injuries caused by medical interventions, as opposed to the health care condition of the patient (qtd. in Wecht 239). As quoted by Wecht, when the adverse event is caused by an error it is referred as preventable event. In the context of medical and nursing care, human error has serious consequences; the well publicized IOM study found that errors result in death for almost 100,000 Americans per year; startling recent data reported by Reuters indicate that many more, as many as 195,000 people a year, could be dying from easily prevented medical errors (Wecht 239). As Wecht quoted, the result of the Harvard Medical Malpractice Study suggest that, of approximately one million injuries caused by health care treatment every year, roughly two thirds are due to error; although the Harvard study attempted top ascertain the incidence of error from a review of medical records only, more recent ethnographic studies of actual events of error in health care provision show that error incidence is much higher. According to Wecht, it is in this complex milieu of preventable adverse events that medical cases arise and are defended. The publicity of the failings of medical and nursing care may be one reason for the increase in medical malpractice litigation over the years. It was reported that a number of claims is increasing at 3% a year with a severity, increasing 6.5% per year; hospital liability claim cost for 2004 are reported to be almost $150,000 per claim, compared with $79,000 per claim in 1996; claim cost against a physician is reported to be $178,000, compared with $120,000 in 1996 (qtd, in Wecht 240). Evolution of Malpractice Litigation Despite several burst of malpractice litigation in the 1800s suing physician was an arduous undertaking until the later half of the 20th century (qtd. in Anderson 230). According to Anderson, at this time the judiciary began dismantling barriers that plaintiffs faced in bringing tort litigation; this shift occurred in many areas of accident of accident law, but it was particularly prominent in medical malpractice in the 1960s and early 1970s. Judges discarded rules that had traditionally posed obstacles to litigation; for example, most jurisdictions rolled back charitable immunity for hospitals; court also moved toward national standards of care and abandoned strict interpretations of the locality rule, which had required plaintiffs to find expert witnesses within defendants immediate practice community (qtd. in Anderson 230). According to Anderson, the synergistic impact of changes in legal doctrine, advance s in medical science, and the development of more coherent and visible standards of acre eventually began to show in surges of litigation and plaintiff victories. As claims and insurance premiums soared, major insurances excited the medical malpractice market leaving many physicians without coverage (Anderson 230). The 1990s saw little growth in claims rates and steady but generally manageable increases in average settlement amounts. Medical Malpractice and the New politics of Health Care In each year of the current malpractice crisis – as well as many of those preceding- damage caps and other first generation reforms have been introduced in Congress, with high-profile support from other national officials; yet these proposals die in both the 107th and 108th Congresses, the same faith met by every major malpractices bill introduced over the past introduced over the past 18 years (Sage 59). Familiar stakeholders populate malpractice policy debates from the 1960s forward. According to Sage, the principal combatants, the AMA and ATLA, along with less publicly visible but deeply engaged insurance groups like the AIA or the American Insurance Association and more recently, AHIP or the Association of Health Insurance Professionals, dominated malpractice lobbying activity in the 1990s, in terms of news and coverage and reputed influence; in part of this was due to spending: AMA and ATLA political action committees (PACs) have long been major sources of campaign funds and were both among the top five donors to   federal candidates in 2002 and 2003. Determining the extent of AMA, ATLA, or any other group’s power to influence legislative outcomes is extremely difficult, given the manifold factors involved in any policy battle (Sage 59). A similar interest group effect is often cited for Congress’ failure to pass any malpractice legislation, particularly damage caps. The best empirical study to date of Congressional malpractice legislation, focusing on the House â€Å"Health Act† (a package of first-generation reforms, centered around a $250,000 noneconomic damages cap) in 2003, drew 3 intriguing conclusions: first, financial   contributions had only a limited effect on legislators’ votes on the Health Act – and the influence of insurance/AMA contribution was roughly similar to that of ATLA; second, the AMA’s designation of ‘crisis states’ had no measurable effect on voting – in other words. House members from the nineteen states the AMA designated in 2003 as facing a malpractice crisis were no more likely to vote for damage caps than were members from other states; and third, a significant determinant of voting was whether a House member had a law degree ; lawyers were more inclined to vote against the bill, regardless of party affiliation (Sage 60).

5 Interesting Facts About Slavery in the Americas

5 Interesting Facts About Slavery in the Americas Slavery is a topic that never leaves the public consciousness; films, books, art, and theater have all been created about the institution. Yet, many Americans still know far too little about the transatlantic slave trade. They cant say when it began or ended or how many Africans were kidnapped and enslaved against their will. Its difficult to discuss current issues related to slavery, such as reparations, without first understanding how the slave trade left its imprint on Africa, the Americas, and the world. Millions Shipped to the Americas While it’s common knowledge that six million Jews died during the Holocaust, the number of West Africans shipped to the Americas during the transatlantic slave trade from 1525 to 1866 remains a mystery to much of the public. According to the Trans-Atlantic Slave Trade Database, 12.5 million Africans were loaded up like human cargo and forever separated from their homes and families. Of those Africans, 10.7 million managed to live through the horrific journey known as the Middle Passage. Brazil: Slaverys Epicenter Slave traders shipped Africans all over the Americas, but far more of the enslaved population ended up in South America than any other region. Henry Louis Gates Jr., director of the Hutchins Center for African and African American Research at Harvard University, ​estimates that a single South American country- Brazil- received 4.86 million, or about half of all slaves who survived the trip to the New World. The United States, on the other hand, received 450,000 Africans. According to a 2016 U.S. Census Bureau report, roughly 45 million blacks live in the United States, and most of them are descendants of the Africans forced into the country during the slave trade. Slavery in the North Initially, slavery wasn’t just practiced in the Southern states of the United States, but in the North as well. Vermont stands out as the first state to abolish slavery, a move it made in 1777 after the U.S. liberated itself from Britain. Twenty-seven years later, all of the Northern states vowed to outlaw slavery, but it continued to be practiced in the North for years. That’s because the Northern states implemented legislation that made slavery’s abolition gradual rather than immediate. PBS points out that Pennsylvania passed its Act for the Gradual Abolition of Slavery in 1780, but gradual turned out to be an understatement. In 1850, hundreds of Pennsylvania blacks continued to live in bondage. Just more than a decade before the Civil War kicked off in 1861, slavery continued to be practiced in the North. Banning the Slave Trade The U.S. Congress passed a law in 1807 to ban the importation of enslaved Africans, and similar legislation took effect in Great Britain the same year. (The U.S. law went into effect on Jan. 1, 1808.) Given that South Carolina was the only state at this time that hadn’t outlawed the importation of slaves, Congress’ move wasn’t exactly groundbreaking. What’s more, by the time Congress decided to ban the importation of slaves, more than four million enslaved blacks already lived in the United States, according to the book Generations of Captivity: A History of African American Slaves. Since the children of those enslaved people would be born into slavery, and it wasn’t illegal for American slaveholders to trade those individuals domestically, the congressional act did not have a marked impact on slavery in the U.S. Elsewhere, Africans were still being shipped to Latin America and South America as late as the 1860s. Africans in the U.S. Today During the slave trade, about 30,000 enslaved Africans entered the U.S. yearly. Fast forward to 2005, and 50,000 Africans annually were entering the U.S. on their own volition. It marked a historic shift. â€Å"For the first time, more blacks are coming to the United States from Africa than during the slave trade,† The New York Times reported. The Times estimated that more than 600,000 Africans lived in the U.S. in 2005, about 1.7 percent of the African-American population. The actual number of Africans living in the United States might be even higher if the number of undocumented African immigrants was tallied.

Individual versus group decision-making processes Essay

Individual versus group decision-making processes - Essay Example In group decision making, all team members have a right to express their sentiments. If any group member is denied the chance to participate in the decision making, the decision can be disputed. In the individual decision making, only one individual does the analysis of the work involved and makes the undisputable decision. This is the only effective in certain business types such as sole proprietor businesses. Group decisions consume more time than individual decision makings. In the individual case, the decision can be made at any instant, and in urgent situations. Decision making in a group must follow certain guiding principles including deadlines, regulatory compliance frameworks and bureaucracy. Business ethics provides the acceptable ethical guiding principles and behaviors of employees acceptable to the organization. It consumes more time to pass strong decision in line with business ethics, which again change with time. Individual decision making has no specific standard as the individual is in full control of the business (Kahneman & Tversky 2000, p. 53). Because each member of the team has a level of ethical, the operations of the individual changes once he or she begins working in the organization. Companies make use of the mission statements to establish and enforce the framework. Individual decision making does not apply any mission standard ethical decisions of the group. Both individual and group decision making are guided by standard a level of procedural and structural regulations (Batley & Daly 2006, p. 59). Businesses use standard operational procedures in daily decision making, though a decision matrix. There are decisions that have to be made at specific levels depending on the discretion of a leader. In the same way, an individual applies work place rules by deciding on the management of responsibilities in various business situations. None of the two decision methods is perfect. Errors can occur at any time since the

Effectiveness of Employee Motivation in Google Coursework

Effectiveness of Employee Motivation in Google - Coursework Example This research will begin with the statement that motivation as explained by Burrus et al, is a multifaceted dynamic of forces, desires, drives, and other mechanisms within an individual that establish and uphold voluntary effort directed toward the accomplishment of a particular task or objective. Drawing reference from this definition, employee motivation can be termed as the psychological forces directed at an employee’s behavior in an organization so as to influence their level of effort and diligence in the duties assigned to them. Employers who take the initiative of motivating their employees are in a better position to acquire better organizational productivity, better employee participation and teamwork, and a better average turnover. Google is an American conglomerate, which specializes in providing internet-based services such as search engine service, cloud computing, manufacture and sale of software, as well as online marketing services. Most of Google’s pro fits come from AdWords. Its hasty growth since incorporation has elicited a series of merchandises, acquisitions, and mergers. As a result, Google is one of the corporations with the largest employee base in the world of around 37,000 in 40 countries. Contemporary conglomerates are relentlessly coming up with new methods and techniques to acquire top talent, keep hold of that top talent, and come up with imaginative ways to keep them motivates for paramount productivity. The essay will explore how Google Inc has structured its management so as to endow its employees with the best environment and how it motivates it's them with intrinsic and extrinsic techniques. The essay will also investigate on how effective the motivation techniques adopted by Google Inc have been in streamlining the employees’ effort in the direction of realizing the corporation’s objectives. Before exploring the motivation techniques adopted by Google Inc, it is important to understand some of the theories of motivation so as to get acquainted with the theory Google Inc favors most. Companies have to come up with intrinsic and extrinsic methods of motivation to acquire and maintain top talent. Studies have revealed established valuable theories that are of the essence in the developing strategies of motivation. In the paper, there are the four major theories that have been established.

Self defense Essay Example for Free

Self defense Essay Representing a group that is fighting in self defense, for preservation of our species, and all species of life on earth is usually the main goal of an eco-terrorist. Eco-terrorists operate through self-sufficient units, and are unconstrained by geographic boundaries. They are very difficult to permeate and stop. Unlike racial hate groups with membership requirements, an eco-terror activist can become a member of the eco-terror movement simply by carrying out an illegal action on its behalf. In recent years, an increasing amount of eco-terrorism activity has been carried out, and the amplified nature of these attacks suggests that the actions and beliefs behind the groups are not coming to an end anytime soon. II. Definition Eco-terrorism has numerous definitions. According to Encyclopedia Britannica, eco-terrorism is defined as the acts of terrorism, violence or sabotage committed in support of ecological, environmental, or animal rights causes against persons or their property. The term itself can refer to the use of violence of a criminal nature against innocent victims or property for environmental and political reasons. Often of a symbolic nature, acts of eco-terrorism are usually committed by individuals who believe that the exploitation of natural resources and vandalism of the environment are becoming so severe that action outside of conventional legal and environmental channels is required. By the Federal Bureau of Investigation (FBI), it is defined as the use or threatened use of violence of a criminal nature against people or property by an environmentally oriented, subnational group for environmental-political reasons, or aimed at an audience beyond the target, often of a symbolic nature (Jarboe, 2002). The FBI has credited to eco-terrorism, $200 million in property damage from 2003 to 2008, and a majority of states within the USA have introduced laws aimed at eco-terrorism. Ultimately, any definition is possible but the commonly held definition of terrorism is that its goal is ideological, not financial. III. History The term eco-terrorism is believed to have been coined by Ron Arnold, the executive director of the center for the Defense of Free Enterprise. He first used the term in a 1983 article in Reason Magazine. In 1991, Ron Arnold told Outside magazine that he chose the term eco-terrorism because it was ambiguous and fit neatly in newspaper headlines. He defended the word by stating Facts dont really matter. In politics, perception is reality (Berlau, 2007). † According to Mr. Arnold he wanted to destroy environmentalists by taking away their money and their members. He spoke of his efforts as We (CDFE), Center for the Defense of Free Enterprise, created a sector of public opinion that didnt used to exist. No one was aware that environmentalism was a problem until we came along (Burke, 1993). Ron Arnold was trying to eliminate eco-terrorists and destroy environmentalism once and for all for two main reasons. First, for him personally, it was financially rewarding to oppose environmentalism and second it was a political gain on his part with the government and politicians. Arnold has been very busy writing a series of highly critical books on the environmental movement. He has always been aimed at mobilising those receptive to his argumentative language and comparitive policy debates as being a war. Arnold once stated We are sick to death of environmentalism and so we will destroy it. We will not allow our right to own property and use natures resources for the benefit of mankind to be stripped from us by a bunch of eco-facists (Burke, 11993). † To understand Ron Arnold’s term of eco-terrorism, one must look back into history as to how the activities of threats began. The eco-terrorist movement was said to begun in the 1960’s, when a group of animal rights advocates in England formed the Hunt Saboteurs Association. This assembly disrupted fox hunts by blocking roads, protesting the hunters by using bullhorns, and confusing the hunting dogs trail by spraying chemicals that eliminated the scent left by foxes. After effectively ending a number of traditional hunting events across England, the members of the Hunt Saboteurs Association decided more militant action was needed and in 1972, they became the Band of Mercy, a much more violent activist group that damaged property and held frequent meetings to attract new advocates. The ideas of violent activities to ensure the activist’s points were made brought about the forming of many more organizations that even exist today. IV. Organizations There are many organizations alive in today’s societies, which are fighting for environmental causes and animal rights. The Animal Liberation Front (ALF) is one of the most extreme animal rights groups in the United States. Their purpose is to inflict economic damage to those who profit from the misery and exploitation of animals. They oppose any form of animal experimentation and perceived mistreatment towards animals. Their principle activities include freeing animals from places of abuse such as labs, and zoos, and then committing property destruction. The origins of ALF trace back to the Hunt Saboteurs Association that was formed in England in the 1960’s, which later became the Band of Mercy. ALF claimed full responsibility for a 1987 arson at a University of California-Davis veterinary laboratory, which ended up causing $3. 5 million worth of damages. Their next major claim was at a 1992 firebombing at an animal research laboratory at Michigan State University. The Department of Justice and Agriculture stated that ALF was the most significant â€Å"radical fringe† animal rights group and reported more than 313 incidents of break-ins, vandalisms, arson and thefts committed in the name of animal rights between 1979 and 1993 (Anti-Defamation League, 2005). In 1975, Peter Singer who was an Australian philosopher; wrote the most influential book titled â€Å"Animal Liberation†. It was one of the first books to cover animal rights and it gave great motivation to activist groups such as ALF, to become more active and more violent in their protest activities. In his book, Singer says that any living being that has a face, must have a soul and is able to feel pain and sadness (Singer, 1975). Although he did not specifically advocate violence, Singer did suggest that animals deserve the same rights as humans. Another well known organization is Earth First, which came about in the 1980’s. This group engaged in acts of civil disobedience by using the method of tree spiking. This is the practice of hammering nails and large metal spikes into the trunks of the trees, to prevent it from being cut down. When the loggers’ saws hit the spikes they would be damaged upon repair, forcing the workers to stop, which ultimately slowed the rate of logging, and in return cost the logging companies time and money. They insisted no harm to the loggers but the spikes were known to severely injure the loggers, and they were forced to abandon their tactics of tree spiking which resulted in loss of popular support. Earth First brought about a more radical organization of themselves and in 1992 they renamed the organization as the Earth Liberation Front (ELF). ELF sees its own actions as a matter of self defense, protecting the earth from the greedy individuals and corporations that it views as destroying the environment’s ability to sustain life. They view politicians as ineffective and believe that if something is to be done, they must do it themselves. ELF claimed sole responsibility for an attack in the United States in 1997 when activists burned down a Bureau of Land Management horse corral in Oregon. The group also made national headlines when it claimed responsibility for the arson of a ski resort in Vali, Colorado, which caused $12 million in damages. Their reasoning for this attack was that putting profits ahead of Colorado’s wildlife will not be tolerated, and that the greedy corporation continued to trespass into the wild and un-roaded areas. ELF views the ongoing battle with urban and leisure building, as a wasteful and unnecessary infringement on natural habitats. Car dealerships and sport utility vehicles are also a common target for members of the ELF organization. They have been known to set fire to, blow up, and spray paint such vehicles and facilities. The organization defends their actions with the view that they are eliminating the profit motive from killing the natural environment. Ultimately since 1996, ELF’s campaign of property destruction has cost some $43 million, and has yet to result in permanent closure of a business or facility. The Federal Bureau of Investigation (FBI) has formed joint terrorism task forces with police around the country to investigate ELF actions and potentially stop them altogether. Another well known organization is Stop Huntingdon Animal Cruelty (SHAC). This organization came about in 1998 when a British television broadcast, BBC, did a graphic documentary alleging mistreatment of animals by Huntingdon Life Sciences, a British-based research firm. In response to this documentary, outraged animal rights activists began to pressure financial institutions associated with Huntingdon Life Sciences to drop their support of the company and thereby force them to discontinue animal use in their tests. This campaign named themselves Stop Huntingdon Animal Cruelty. SHAC quickly became a transatlantic cause among radical animal rights activists, with chapters in Germany, Italy, Portugal, and the United States. Today, the group has claimed responsibility for several bombings and numerous acts of vandalism as well as harassment in both the United States and Europe. The SHAC uses the internet more effectively than any other eco-terrorist group. On their website, they provide activities with specific targets that include information such as the names and addresses, spouse’s names and even social security numbers of its intended targets, whether it is an individualized person or a company/organization. Once the information is relayed electronically, SHAC activists protest outside the homes of the targeted employees. A new nonprofit organization recently formed in Portland, Oregon, called Stop Eco-Violence (SEV), was made to demonstrate the harm of eco-terrorism to communities where it occurs. SEV was founded on the core principle that violence is no solution to addressing environmental and social issues. Stop Eco-Violence hopes to expose the terrorists and their founders, as well as assist law enforcement agencies, by serving as a public clearinghouse to track eco-terrorism cases. Despite the few successes by law enforcement in capturing those responsible for eco-terror related crimes, most of the acts made by these organizations remain unsolved. Eco-terrorist groups remain extremely difficult to identify and infiltrate, and it is very unlikely that the rapidly growing movement of eco-terrorism will disappear soon. However, I feel that these organizations should be allowed their activist movements as long as their position of the acts themselves include such attitudes that the kind, compassionate, caring of other people is included.

Comparing The Great Santini and Death of a Salesman :: comparison compare contrast essays

Comparing The Great Santini and Death of a Salesman Elementary school taught everyone that to compare and contrast two things, the best way to go about doing that is with a Venn diagram. Truthfully, this is an effective method, but it is quite rudimentary under the circumstances. "The Great Santini" by Pat Conroy and "Death of a Salesman" by Arthur Miller are two books that can become victims of the dreaded Venn diagram. The two stories are accounts of the lives of two families, each living out its version of the American Dream. The focus of both stories is on the father and how he interacts with everyone and everything around him. Bull Meechum of "The Great Santini" is a marine, raising his children as "hogs" and expecting only the best, if not better, from his brood. Willy Loman of "Death of a Salesman" also expects great things from his children, to the point that he refuses to believe that either of his sons is a failure, even when it is clear that they are. Although the two men themselves have many similarities, there are also other similarities between the two stories. One similarity is the role of the first son in the two anecdotes. Also, there is the role of the second child. Finally, both stories involve characters that are realizing what it means to be a man and what responsibilities come with the title. Bull Meechum is the father of four kids: two boys and two girls. His oldest son is Ben, a senior in high school who is well on his way to a career in basketball. As the son of a marine, Ben has been raised to take orders, no matter what the possible consequences may be. At the beginning of the story, Ben is talking to his father about his future. When Ben vehemently expresses his interest in pursuing basketball, Bull protests and reminds his son that he will serve in the marines for his four years, and then he can do whatever he wants. Unfortunately, Ben's basketball calling is cut short because of his father's hot headed insistence that Ben must take out a player on the other team, resulting in a broken arm and Ben's expulsion from the team.

Cases of Indian Contract Act 1872 Essay

The Carbolic Smoke Ball Company made a product called the â€Å"smoke ball†. It claimed to be a cure for influenza and a number of other diseases, in the context of the1889-1890 flu pandemic (estimated to have killed 1 million people). The smoke ball was a rubber ball with a tube attached. It was filled with carbolic acid (or phenol). The tube would be inserted into a user’s nose and squeezed at the bottom to release the vapours. The nose would run, ostensibly flushing out viral infections. The Company published advertisements in the Pall Mall Gazette and other newspapers on November 13, 1891, claiming that it would pay  £100 to anyone who got sick with influenza after using its product according to the instructions provided with it. â€Å"|  £100[1] reward will be paid by the Carbolic Smoke Ball Company to any person who contracts the increasing epidemic influenza colds, or any disease caused by taking cold, after having used the ball three times daily for two wee ks, according to the printed directions supplied with each ball. £1000 is deposited with the Alliance Bank, Regent Street, showing our sincerity in the matter.During the last epidemic of influenza many thousand carbolic smoke balls were sold as preventives against this disease, and in no ascertained case was the disease contracted by those using the carbolic smoke ball.One carbolic smoke ball will last a family several months, making it the cheapest remedy in the world at the price, 10s. post free. The ball can be refilled at a cost of 5s. Address: â€Å"Carbolic Smoke Ball Company, â€Å"27, Princes Street, Hanover Square, London.†| †| Mrs Louisa Elizabeth Carlill saw the advertisement, bought one of the balls and used it three times daily for nearly two months until she contracted the flu on 17 January 1892. She claimed  £100 from the Carbolic Smoke Ball Company. They ignored two letters from her husband, a solicitor. On a third request for her reward, they replied with an anonymous letter that if it is used properly the company had complete confidence in the smoke ball’s efficacy, but â€Å"to protect themselves against all fraudulent claims† they would need her to come to their office to use the ball each day and be checked by the secretary. Mrs Carlill brought a claim to court. The barristers representing her argued that the advertisement and her reliance on it was a contract between her and the company, and so they ought to pay. The company argued it was not a serious contract. Consideration 1.Abdul Aziz vs. Masum Ali, (1914). The secretary of a Mosque Committee filed a suit to enforce a promise which the promisor had made to subscribe Rs. 500 to the re-building of a mosque. Held: â€Å"the promise was not enforceable because there was no consideration in the sense of benefit†, as â€Å"the person who made the promise gained nothing in return for the promise made†, and the secretary of the Committee to whom the promise was made, suffered no detriment as nothing had been done to carry out the repairs. Hence the suit was dismissed. 2.Kedar Nath vs. Gauri Mohamed, (1886) The facts of this case were almost similar to those of the above case, but the secretary in this case incurred a liability on the strength of the promise. Held: The amount could be recovered, as the promise resulted in a sufficient detriment to the secretary. The promise could, however, be enforced only to the extent of the liability (detriment) incurred by the secretary. In this case, the promise, even though it was gratuitous, became enforceable because on the faith of the promise secretary had incurred a detriment. 3.Durga Prasad vs. Baldeo, (1880) B spent some money on the improvement of a market at the desire of the Collector of the district. In consideration of this D who was using the market promised to pay some money to B. Held: The agreement was void being without consideration as it had not moved at the desire of D. 4.Chinnaya vs. Ramayya, (1882) An old lady, by a deed of gift, made over certain property to her daughter D, under the direction that she should pay her aunt, P (sister of the old lady), a certain sum of money annually. The same day D entered into an agreement with P to pay her the agreed amount. Later, D refused to pay the amount on the plea that no consideration had moved from P to D. Held: P was entitled to maintain suit as consideration had moved from the old lady, sister of P, to the daughter, D. 5. Debi Radha Rani vs. Ram Dass, (1941) D is ready to sue her husband for maintenance allowance. On husband’s agreeing to pay her a monthly allowance by way of maintenance, she forbears to sue. Held: The wife’s forbearance to sue amount to consideration for the husband’s agreement for payment of maintenance allowance. 6. Ramchandra Chintaman vs. Kalu Raju, (1877) There was a promise to pay to the Vakil an additional sum if the suit was successful. Held: The promise was void for want of consideration. The Vakil was under a pre-existing contractual obligation to render the best of his services under the original contract. 7. Dunlop Pneumatic Tyres Co. Ltd. Vs. Selfridge & Co. Ltd., (1915) S bought tyres from the Dunlop Rubber Co. & sold them to D, a sub-dealer, who agreed with S not to sell these tyres below Dunlop’s list price and to pay the Dunlop Co.  £5 as damages on every tyre D undersold, D sold two tyres at less than the list price and thereupon the Dunlop Co. Sued him for the breach. Held: The Dunlop Co. Could not maintain the suit as it was stranger to the contract. Capacity to Contract Mohiri Bibi vs. Dharmodas Ghose, (1903) In this case, a minor mortgaged his house in favour of a money-lender to secure a loan of Rs. 20,000 out of which the mortgagee (the money-lender) paid the minor a sum of Rs. 8,000. Subsequently the minor sued for setting aside the mortgage, stating that he was underage when he executed the mortgage. Held: The mortgage was void and, therefore, it was cancelled. Further the money-lender’s request for the repayment of the amount advanced to the minor as part of the consideration for the mortgage was also not accepted. Mistake of Law Solle vs. Butcher, (1950) Ignorantia juris non excusat, i.e., ignorance of law is no excuse, is a well settled rule of law. A party cannot be allowed to get any relief on the ground that it had done a particular act in ignorance of law. A mistake of law is, therefore, no excuse, and the contract cannot be avoided. Mistake as to the Subject-Matter Couturier vs. Hastie, (1856) A agreed to sell a cargo of corn supposed at the time of contract to be in transit from Salonica to the United Kingdom. Unknown to the parties, the corn had become fermented and had already been sold by the master of the ship at Tunis. Held: The agreement was void and the buyer was not liable for the price. Mistake as to the Identity of the Subject-Matter Raffles vs. Wichelhaus, (1864) W agreed to buy from R a cargo of cotton â€Å"to arrive ex-peerless from Bombay†. There were two ships of that name sailing from Bombay, one sailing in October and the other in December. W meant the former ship but R meant the latter contract. Remedies for Breach of Contract Hadley vs. Baxendale X’s mill was stopped by the breakdown of a shaft. He delivered the shaft to Y, a common carrier, to be taken to a manufacturer to copy it make a new one. X did not make known to Y that delay would result in loss of profits. By some neglect on the part of Y the delivery of the shaft was delayed in transit beyond a reasonable time (so that the mill was idle for a longer period than otherwise would have been the case had there been no breach of the contract of carriage). Held: Y was not liable for loss of profits during the period of delay as the circumstances communicated to Y did not show that a delay in the delivery of the shaft would entail loss of profits to the mill. Alderson, B observed in this case as follows: â€Å"Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of breach of contract should be such as may fairly and reasonably be considered either arising naturally, i.e., according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both the parties at the time they made the contract, as the probable result of the breach of it.† Quasi Contracts Damodar Mudaliar vs. Secretary of State for India, (1894) A village was irrigated by a tank. The Government effected certain repairs to the tank for its preservation and had no intention to do so gratuitously for the zamindars. The zamindars enjoyed the benefit thereof. Held: They were liable to contribute. A husband promised to pay his wife a house hold allowance of  £ 30 every month. Later the parties separated and the husband failed to pay the promised amount. The wife sued for the promised allowance Held: The wife will not succeed as agreements such as this did not create any legal obligations vis a vis legal relations. Rose & Frank Co. VS Crompton Bros. Ltd. – Intention to Create Legal Relationship Facts: There was an agreement between these two companies by means of which rose and frank co. was appointed as the agent of Crompton Bros. Ltd. One clause in the agreement stated that the agreement is not entered into as legal and formal and shall not be subject to legal jurisdiction in the law courts. Held: There was no binding and legally enforceable contract between the 2 companies as there was no intention to create legal relationship. Upton Rural District Council VS Powell – Implied Contract Facts: A fire broke out in Powell’s farm. He called upon the fire brigade to put out the fire which the latter did. Now Powell’s farm did not come under fire service zone although he believed it to be so. Held: He was liable to pay for the service rendered as the services were rendered by Upton Fire Brigade on an implied promise to pay. Willkie vs. London passenger transport board – Implied Agreement When a transport company runs a bus there is an implied offer by the transport company to carry passengers for certain fare. The acceptance of the offer is complete as soon as a passenger boards a bus – that is, implied acceptance. Boulton Vs Jones (1857) – Offer made to a particular person Facts : Jones used to have business dealings with Brockle Hurst. He sent an order (offer) to Brockle Hurst for the purchase of certain goods. By the time the order reached Brockle Hurst, he had sold his business to Boulton. Boulton receiving the order sent all the goods to Jones as per the order without informing Jones of the changing of the hands of the business. When Jones learnt that the goods were not supplied by Brockle Hurst, he refused to pay for the goods. His contention was that he had never placed an order to Boulton, the offer being made to Brockle Hurst, and therefore had no intention to make a contract with Boulton. Held: Jones was not liable to pay ( – Section 64 will also apply ) Carlill VS Carbolic Smoke Ball Co. (1893) – General offer Facts: The defendant company advertised in several newspapers that a reward of  £ 100 would be paid to any person who contracted influenza, cold, or any other disease associated with cold even after using the smoke balls of the company – a preventive remedy, 3 times a day, for 2 weeks in accordance with the printed directions. They also announced that a sum of  £ 1000 had been deposited with the Alliance Bank as a proof of their sincerity. The plaintiff, Mrs. Carlill had seen the advertisement, used the smoke balls according to the printed directions and for a period as specified, but still contracted influenza. She sued the defending company to claim the reward of  £ 100 as advertised by the company. The defendants argued inter alia that it was impossible to contract with the whole world and that she should have notified / communicated to them of her acceptance of the offer. Held: Rejecting the argument the Court held that the advertisement constituted the offer to the whole world at large ( – general offer) which was accepted by the plaintiff by conduct. ( – by using smoke balls) . Therefore she was justified to the reward of  £ 100. The Court observed that by performing the required act and complying with the necessary conditions attached to the offer of this kind ( – general offer) — the offeree has sufficiently accepted the offer and there is no need for any formal notification / communication of her acceptance to the offer. Note – This is the principle of English Law of contract and endorsed by Section 8 of ICA. The effect of the decision in Carlill’s case is that performance of stipulated condition of the proposal is not only acceptance of the proposal but it is also sufficient communication of the acceptance. Lalman Shukla vs. Gauri Dutt (1913) Facts : In this case, G (defendant) sent his servant l (plaintiff) in search of his missing nephew. G afterwards announced a reward for information concerning the missing boy. It traced the boy in ignorance of any such announcement. subsequently when he came to know of this reward, he claimed it. Held : It was held that since the plaintiff was ignorant of the offer of reward, his Act of bringing the lost boy didn’t amount to the acceptance of offer and therefore he was not entitled to claim the reward. Fitch vs. Smedabar Held : In this case the American Court has held that a reward cannot be claimed by one who didn’t know that it had been offered. Harbhajan Lal vs. Harcharan Lal Facts : In this case a young boy had run away from his father’s house. The father had offered a reward of Rs. 55 to anyone who finds the boy and brings him home. The plaintiff who was aware of the offer of reward found the boy on a railway station and informed the father. The plaintiff claimed the reward. the father contended that since the plaintiff had not brought the boy; he is not entitled to the reward. British judge means the( C.J of the privy council ) held that although there is no strict compliance of the condition of the reward, the plaintiff was however aware of the reward, the plaintiff was however aware of the reward an there is substantial performance. The plaintiff was held entitled to succeed. {information was very much trust worthy based on which father.} Harvy vs. Facey Facts : The defendants were the owners of the plot of land named † Bumper Hall Pen â€Å". The plaintiff being interested in purchasing the same sent a telegram to the defendants â€Å"will you sell us Bumper Hall Pen ? Telegraph lowest cash price â€Å".(1st telegram) The defendants replied also by a telegram † lowest price for BHP,  £ 900 asked by you†. (2nd telegram) The plaintiff immediately sent another telegram to defendants – â€Å"we agree to buy BHP for  £ 900 as asked by you†. (3rd telegram) The defendants subsequently refused to sell the plot of land at that price. The plaintiffs contained that the telegram from the defendants quoting lowest price was an offer and the same has been accepted by the plaintiff and thus, the contract is complete. The defendants contended that quoting the price was not an offer which could be accepted. Held: The Judicial Committee of Privy Council held that the exchange of the above telegrams have not resulted into a contract. It was observed that the 1st telegram had asked two questions regarding willingness to sell and the other regarding the lowest price. In reply only the lowest price was quoted and this was not an offer but a mere supply of information as desired by the other party. The third telegram from the plaintiffs saying † he agrees to buy† was only an offer and not the acceptance of an offer. Since this offer of the plaintiff had not been accepted, there was no binding contract between the parties. Fischer vs. Bell (1961) – Display of goods Facts: The defendant – Bell, exhibited in a show window in his shop, a knife with a marked price. The question arose whether the exhibition of that knife in the show window executed an offer for sale. Held: Lord Parker, the chief justice, stated that the display of an article in a shop window is merely an invitation to treat. It is in sense an offer for sale, the acceptance of which constitutes a contract. It is quite impossible to say that an exhibition of goods in a shop window in itself an offer for sale. Pharmaceutical Society of Great Britain vs. Boots Cast Chemist Ltd. (1952) – Display of Goods Held : The display of articles on shelves in a self-service shop / store merely amounts to invitation to treat. Ramsgate Victoria Hotel Company vs. Montefeire (1866) – if time not stipulated Facts : On 8th June, M offered to take shares in R company. He received a letter of allotment on 23rd November. M refused to take the shares. Held: M was entitled to refuse as the offer had lost by the delay of acceptance since the period of 5 months was not a reasonable one. Hyde vs. Wrench (1840) – Counter offer Facts : W, the defendant, had offered to sell his farm to H, the plaintiff, for  £ 1000. upon the defendant’s refusal to sell the farm, the plaintiff brought an action for specific performance. Held: The Court held that an offer to buy for  £ 950 was not an acceptance of the offer to buy because the offer to sale was for  £ 1000. it was a counter offer and a counter offer to a proposal amounts to its rejection. As such no contract had come into existence between the parties. Neale vs. Merret – Counter offer Note – this case law also highlights that the offeree must not deviate from the terms and conditions of the original offer as laid down by the offerer. Facts : M, the defendant offered to sell land to N the plaintiff at  £ 280. N accepted and enclosed #80 with a promise to pay the balance by monthly installments of  £ 50 each. Held: There was no contract between M and N as the acceptance was not qualified ( unconditional). Thus, an offer once rejected is dead and cannot be revived by its subsequent acceptance. Brogden vs. Metropolitan Railway Co. (1877) – Acceptance communication necessary Facts : A draft agreement relating to supply of coal was sent to the manager of a railway company viz. Metropolitan Railway company. For his acceptance the manager wrote the words, approved and put the draft in his drawer of his table intending to sent it to the companies solicitors for a formal contract to be drawn up. Through oversight the contract remained in the drawer. Held: There was no contract because there was no communication of acceptance. Felthouse vs. Bindley (1862) – Acceptance communication necessary Facts : F (uncle) offered to buy his nephew’s horse for  £ 30 saying â€Å"if I hear no more about it I shall consider the horse mine at  £ 30.† (offer must not thrust the burden of acceptance.) the nephew did not write / reply to F at all. He told his auctioneer, B to keep the particular horse out of sale of his farm stock as he intended to reserve it for his uncle, F. B the auctioneer, inadvertently, sold the horse. F sued him, B, for conversion of his property. Held: F has no right of action against the auctioneer since the horse was not sold to him. This offer of  £ 30 having not been properly accepted, since the nephew had not properly communicated the acceptance to F. The Court observed that it was clear that the nephew had in his mind the intention to sell his horse to his uncle. But an unconditional assent to accept unaccompanied by any external inclination will not suffice. Normally the person to whom the proposal is sent need not reply and the general rule – acceptance of offer – will not be implied, intended from the mere silence on the part of the offeree. Adams vs. Mindsell (1818) – Acceptance by non-instantaneous methods Note – this was the first case in which the rule of acceptance by non – instantaneous methods was propagated. Household Fire & Carriage Accident Insurance Co. Ltd vs. Grant Note – one of the more obvious consequence of the postal acceptance rule is that the offerer must bear the price of the letter of acceptance being delayed or lost. This based on the fact that posting the acceptance makes it invariably out of the offeree’s control. Held: In household fire case, the Court of appeal held that the defendant, Grant, was the offerer who had applied for shares in the company and to whom a letter of allotment ( acceptance letter, hence the company is the acceptor) had been posted but which had not reached him was nevertheless, liable as a share holder. The legal defects of the Court’s decision is that acceptance is complete as against the offerer, that is, the offerer will be bound as soon as the letter is posted. A binding contract takes place between the parties even if the letter of acceptance is delayed due to postal strike or loss in transit. Where however, the delay or loss is due to the fault of the acceptor, as in the case of an acceptance, which is incorrectly addressed, or insufficiently stamped. The rule is that it will take effect of and when it is received by the offerer, provided the offer is still enforced by them or is received within a reasonable time. Durga Prasad vs Baldeo (1880) – Consideration must be given at the desire of the promisor. Facts : The plaintiff, baldeo, at the desire and requset of the elecotr of the town expanded money in the construcvtion of a marjet in the town. Subsequently the defendants, Durga Prasad & Ors. Occupied the shops in the market. Since the plaintff had spent money for the constructoin of the market, the defendants in consideratoin thereof, promised to pay to plaintiff, a commission on the articles ssold throuhg their (defendants) shops in that market. Defendants however, failed to pay the promised commission, the plaintiff brought an action to recover the promised commission. Held: The plaintiff will not succeed since the agreement was void for the want of consideration. It was observed in this case that the consideration of the promisre to pay the commission was the construction of market by the plaintiff. But the expenses incuurred by the plaintiff in construction of the market was not there in the desire of the defendants (promisors) but at the instance/ request of the 3rd party ie, contractor of the town. It was therefore, held that since the consideraion for the construction of markeet did not move at the desire of the defendants., that is, the promisor ( D & Ors.). It did not constitute a valid / good consideration. Hence the defendants were not liable in respect of the promise made by them, following the first legal rule. Kedarnath Bhaattacharya vs Gauri Mohammed. (1887, Cal HC ) Facts : The town planners of howrah,thought advisable to erect a townhall at howrah,provided sufficeient subscription were collected.with the object in view the commisioner of howrah municipality started to raise necessary fund by public subscription.the defendants one of the subscribor’s of this fund for Rs 100 signed his name in the subscription book at that amount. On the faith of the promised subscription the plaintiff (commisioner of the howrah municpality) entered into a contract with a contractor for the purpose of the building the town hall. Later the defendant subscriber referred to pay the amount upon the promise to pay / subscribe. In other words ,he contended that there would be no personal benefit / significance by the construction of the hall. Held : He was held liable. It was observed that in he case person were asked to knowingly subscribe the purpose to which the money was to be applied / use. They also knew, that on the faith of their subscription and an obligation was to be incurred to pay the contactor for the work. The Act of plaintiff is entering into contract with the contractor was done at the desire of the prommisor so as to constitute a good consideration within the meaning of the section 2(d) of ICA. Chinnaya vs ramayya (1882 Madr HC) Facts : A, an old lady, granted / gfted an estate to her daughter the defendant, with the direction / condition that the daughter should pay an annuity ( annual payment ) of Rs 653 to A’s brother, the plaintiff. On the same day the defendant, daughter (promisor) , made a promise vis a vis an agreement with her uncle that sshe would pay the annuity as directed by her mother, the old lady. Later the defendant refused to pay on the ground that her uncle (promisee, plaintiff) has not given any consideration. She contended that her uncle was stranger to this consideration and hence he cannot claim the money as a matter of right. Held: The Madras HC held that in this agreement between the defendant and plaintiff the consideration has been furnished on behalf of the plaintiff (uncle ) by his own sister (defendant’s mother). Although the plaintiff was stranger to the consideration but since he was a party to the contract he could enforce the promise of the promisor, since under Indian law, consideration may be given by the promisee or anyone on his behalf – vide Section 2 (d) of ICA. Thus, consideration furnished by the old lady constitutes sufficient consideration for the plaintiff to sue the defendant on her promise. Held, the brother / uncle was entitled to a decree for payment of the annual sum of money. Thomas vs Thomas (1842) Tweddle vs Atkinson (1861) {See Bottom } Held: It was held in these cases that the under the English law, that if the consideration is furnished by any person other than the promisee himself, then the promisee is relegated to the position and status of a stranger to the consideration and therefore, he cannot sue for promise. Harvey vs Gibbons : Facts : In this case a servant was promised  £ 50 in consideration of promise that he would release a debt to his master. Held: This is legally impossible. Collins vs Godefroy (1831) – Facts : The promisee, plaintiff, received subpoena (summon from the Court) to appear at a trial as a witness on behalf of the defendant (promisor). The defendant promised him a sum of money for the troubles which was to be taken by him in appearing that case. A person who receives a subpoena is bound to attend and give evidence before the Court. Later the defendant refused to pay the promised amount. The plaintiff sued him to recover the promised amount. Held It was held that there was no consideration for promise. The plaintiff being already a legal duty to attend. But where the undertaking is to do something more than what the promisee is legally bound. This may constitute a good consideration for the promise of the promisor. Glasbrook Bros. Ltd. Vs Glamerglan County Council (1925) Facts : Glamerglan County Council, a police authority, sued for a summ of  £ 2200 promised to it by Glasbrook Brothers Ltd. a colliery company. The police authority had provided a stronger guard during a strike, as required by the company than was in its opinion, necessary. Held : It was held that providing stronger guard then what was actually necessary was a good consideration and the defendants were liable to pay for the same. Tweddle Vs Atkinson Note – The rule that only parties to the contract can sue each other was recognised for the first time in 1861 in this case. Facts: In this case, the plaintiff, A , married a girl B. After this marriage a contract in writing was made between the fathers of the married couple that each should make a payment of a certain sum to A who should have the power to sue the executors of her father in law’s estate for the promised money by the father in law. Held: It was held that the husband could not sue her since 1. He was not a party to the contract (stranger to a contract), as also 2. No consideration has moved from him to his father in law (stranger to the consideration) Guarantee – Bailment GUARANTEE Madho Shah vs Sita Ram Note – The liability of the surety is said to be † vicarious † with that of the Principal Debtor. Vicarious liability means that the liability between two parties is joined and several. The Principle of Vicarious Liability involved in a contract of guarantee was recognised for the first time in this case. R . Lilavati vs Bank of Baroda The loss of securities by the creditor results in the discharge of the surety – vide Section 141. If however the pledged securities are lost without any fault of the   Reed vs Dean Facts : ‘A’ hired a motor from B for a holiday on river Thames. The motor caught fire and A was unable to extinguish it as the fire fighting equipment was out of order. As such he was injured and suffered loss. Held : B was liable as it was a case of non gratuitous bailment. Misa vs Currie Facts : A customer had two separate accounts with a bank and he owes to the bank on of the accounts. The bank can liquidate / realize the debt due to it by transferring money there from. The same provision is equally applicable to India. UPTON-ON-SEVERN RURAL DISTRICT v. POWELL (1942); briefed 9/10/94, pg. 171. Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) Facts: ∆’s barn was on fire and he called the local Upton police chief and asked him to send â€Å"the fire brigade†. The Upton fire brigade showed up and began to put out the fire. While the fire was still burning, a neighboring fire chief came by and informed all that the farm was really in his district, and so the Upton fire brigade was not under obligation to put it out for free. When the ∆ refused to pay for the service, they sued. Nature of the Risk: You may contract by implied promise when you ask for assistance in protecting your property. Issue: Was there a contract between the fire brigade and the farmer by implied promise of the farmer to pay if payment was required? Holding: Yes. Parties create a contract by implied promise when one renders service that requires payment, even though the other may not be aware that the service requires payment. Reasoning: The court reasoned that the fact that neither intended to enter into a contract was irrelevant. The contract was created because the service was performed and therefore there was an implied promise to pay. Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd [1953] EWCA Civ 6 is a famous English contract law decision on the nature of anoffer. The Court held that the display of a product in a store with a price attached is not sufficient to be considered an offer, but rather is an invitation to treat.

Ethical Issue Essay

As a supporter of the idea, genetically modified babies will n t only improve newborn children's health from diseases, but also have the specifications to c hang certain features of the child. Modifying babies sounds like such a farfetched futuristic idea, when in reality, today is the future. The technology is all here, and if we don't utilize the sees advancements now while we have them, we may never get a chance to do so. With the practice CE of genetically modified babies, life will improve for the future.Genetically Modified Babies will improve human health and prevent many disc eases. With much conducted research and such little testing, the scientific community states that â€Å"genetic screening on embryos has potential to wipe out genetic disease by vi ritually removing the alleles from such disorders. When it is used in correct form[†¦ ] children boo run in the future Amoral 2 have the potentially to be purely ‘healthy† and carry no signs of genetic diseas e With the use of genetic screening, diseases caused by mutated genes or family pas seed genes could be cured.Disorders like Down syndrome, Color blindness, sickles disease, cystic c fibrosis, and Tussahs disease could all be cured and stopped, by using genetic screening. With Designer Babies, families will have a benefit in the family health line from each generate on. Families would also have better reproduction of healthier offspring because of it. With the practice of genetically modified babies, life will improve for the future. With using the technology that comes from Genetically Modified Babies, these newborns will be more improved and advanced over time.Eventually, these babies will be more smarter and intellectually intelligent than naturally babies. It is estimated that the n ewe genetically modified babies will live close to 20 years longer than us. Some crazy phenol eons state that unethically modified babies will lead to a new â€Å"super human† breed Of living 0 organisms. There is nothing wrong † [†¦ ]with the attempt to make our children smarter or kinder,' Steinbeck told Live Science. ‘If we did think that was wrong, we should give up parenting, and put them out on the street. â€Å"(Steinbeck) No parent would ever leave their child out on the street et, especially if they were more smarter and kinder than a regular newborn . With the practice of genetically modified babies, life will improve for the future. How would the future look for Designer Babies? Well, there would be a regime of technological consumer eugenics, that would benefit society as a whole. If the FDA says yes to the practice, it would be the first time a government body has supported Chain gees for humans and Amoral 3 their ascending generations.From my research, I've seen that the FDA commit tee is considering an okay in the scientific issues of the idea, however for such uses of emoticon drill manipulation and â€Å"designer† babies they're still spectacle. With the practice Of genetically m edified babies, life will improve for the future. Genetically Modified Babies, will help prevent genetic diseases and make a gar at future for the world. However, there is a lot of down faults. What if the there is a mall function in the medical process of genetic engineering, also in the designer babies process the e child can come out wrong or not how the parent wanted it.Another detriment to genetically modified babies is that these absurd theories could be true and cause humans to be inferior to t hose babies, once their race grows and develops with time. Lets look at the facts here, Genetically y modified babies, are good for stopping genetic mutations and providing health, the offspring w al improve, and it will create a new future towards life on this planet. Many people disagree, but I support the FDA in that they will decide to use the is practice everywhere and utilize this country technology.Genetically modified babies w ill increase health of the world and also bring new scientific and medical advancements. Diseases that are killing people now, will be wiped out of the human race if we had genetic engine nearing in years to come. As a society, we are forced to do the most best thing for us, and as huh mans we learn that â€Å"new' is better. Once we start advancing and tinkering with technology, we re like that it can help us with survival and the human condition on this planet.

The Bomb that Saved Millions essays

The Bomb that Saved Millions essays The atomic bomb and it's use over the two Japanese cities of Hiroshima and Nagasaki is still a source of heated debate even over fifty years later. Many people on both sides -Japan and The United States- hold the belief that Truman's decision to drop the bomb was a mistake and that under no circumstances should such drastic measures be taken in war. What these people do not realize are the far more horrible alternatives than the destruction of just two cities: an invasion of mainland Japan where millions of more deaths would have occurred, Soviet aid resulting in the division of Japan into a communist nation and the destruction of their culture, the deaths of thousands of Allied prisoners of war held in Japan, and the threat of renewed hostilities from Japan not to mention the possibility of several more years of bloody conflict. Throughout the course of this paper all of these examples will be discussed, as well as why Truman's decision was the most humane and rational for all the n ations involved, including Japan. Axis power in Europe was destroyed, Hitler and Mussolini were dead, their armies annihilated, their nation's in ruins, Japan however was not. Though weakened from a near four year long war with the Allies, the Japanese continued fighting, as was their code, to fight to the death, and never surrender. President Harry Truman in the interest of saving both American and Japanese lives from an invasion of mainland Japan, authorized the use atomic bombs against Japan. The first atomic bomb to be used on Japan was composed of uranium. It was dropped on Hiroshima, Japan, on Aug. 6, 1945. The explosion, which had the force of more than 15,000 tons of TNT, instantly and completely devastated 10 square kilometers of the heart of this city of 343,000 inhabitants. Of this number, 66,000 were killed immediately and 69,000 were injured, more than 67 percent of the city's structures were destroyed or damaged. The next atomic bomb ...

King Louis XVI, Deposed in the French Revolution

King Louis XVI, Deposed in the French Revolution Louis XVI (born Louis-Auguste; August 23, 1754–January 21, 1793)  was the French king whose reign collapsed because of the French Revolution. His failure to grasp the situation and to compromise, coupled with his requests for foreign intervention, were factors that led to his execution by guillotine and the creation of the new republic. Fast Facts: King Louis XVI of France Known For:  King of France at the time of the French Revolution, executed by guillotineAlso Known As:  Louis-Auguste, Citizen Louis CapetBorn:  August 23, 1754 in Versailles,  FranceParents: Louis, Dauphin of France and Maria Josepha of SaxonyDied:  January 21, 1793  in Paris,  FranceSpouse: Marie AntoinetteChildren: Marie-Thà ©rà ¨se-Charlotte, Louis Joseph Xavier Franà §ois, Louis Charles, Sophie Hà ©là ¨ne Bà ©atrice de FranceNotable Quote: I die innocent of all the crimes laid to my charge; I pardon those who have occasioned my death; and I pray to God that the blood you are going to shed may never be visited on France. Early Life Louis-Auguste, the future Louis XVI, was born on August 23, 1754. His father, Louis, Dauphin of France, was the heir to the French throne. Louis-Auguste was the oldest son born to his father to survive childhood; when his father died in 1765, he became the new heir to the throne. Louis-Auguste was a keen student of language and history. He excelled at technical subjects and was deeply interested in geography, but historians are unsure about his level of intelligence. Marriage to Marie Antoinette When his mother died in 1767, the now-orphaned Louis grew close to his grandfather, the reigning king. At age 15 in 1770, he married 14-year-old Marie Antoinette, daughter of the Holy Roman Emperor. For uncertain reasons (possibly related to Louis’ psychology and ignorance, rather than a physical ailment), the couple did not consummate the marriage for many years. Marie Antoinette received much of the publics blame for the lack of children in the early years of their marriage. Historians postulate that Louis initial coolness to Marie Antoinette was due to his fear that she might have too much influence over him- as her family actually desired. Early Reign When Louis XV died in 1774, Louis succeeded him as Louis XVI, aged 19. He was aloof and reserved, but possessed a genuine interest in the affairs of his kingdom, both internal and external. He was obsessed with lists and figures, comfortable when hunting, but timid and awkward everywhere else (he watched people coming and going from Versailles through a telescope). He was an expert on the French Navy and a devotee of mechanics and engineering, although this may be overemphasized by historians. Louis had studied English history and politics and was determined to learn from accounts of Charles I, the English king who was beheaded by his parliament. Louis restored the position of the French parlements (provincial courts) which Louis XV had tried to reduce. Louis XVI did so because he believed it was what the people wanted, and partly because the pro-parlementary faction in his government worked hard to convince him it was his idea. This earned him public popularity but obstructed royal power. Some historians deem this restoration as one factor that helped lead to the French Revolution. Weak Ruling From the Start Louis was unable to unite his court. Indeed, Louis’ aversion to ceremony and to maintaining a dialogue with nobles he disliked meant that court took on a lesser role and many nobles ceased to attend. In this way, Louis undermined his own position among the aristocracy. He turned his natural reserve and tendency to be silent into an act of state, simply refusing to reply to people with whom he disagreed. Louis saw himself as a reforming monarch but took little lead. He allowed the attempted reforms of Turgot at the start and promoted the outsider Jacques Necker to be finance minister, but he consistently failed to either take a strong role in government or to appoint someone like a prime minister to take one. The result was a regime riven by factions and lacking a clear direction. War and Calonne Louis approved support of the American revolutionaries against Britain in the American Revolutionary War. He was eager to weaken Britain, Frances longtime enemy, and to restore French confidence in their military. Louis was determined not to use the war as a way of grabbing new territory for France. However, by refraining this way, France accrued ever greater debts, which dangerously destabilized the country. Louis turned to Charles de Calonne to help reform Frances fiscal system and save France from bankruptcy. The king had to call an Assembly of Notables in order to force through these fiscal measures and other major reforms because the traditional cornerstone of Ancien Regime politics, the relation between the king and the parlement, had collapsed. Open to Reform Louis was prepared to turn France into a constitutional monarchy, and in order to do so, because the Assembly of Notables proved to be unwilling, Louis called an Estates-General. The historian John Hardman has argued that the rejection of Calonne’s reforms, which Louis had given personal backing, led to the kings nervous breakdown, from which he never had time to recover. Hardman argues that the crisis changed the king’s personality, leaving him sentimental, weepy, distant, and depressed. Indeed, Louis had so closely supported Calonne that when the Notables, and seemingly France, rejected the reforms and forced him to dismiss his minister, Louis was damaged both politically and personally. Louis XVI and the Early Revolution The gathering of the Estates-General soon turned revolutionary. At first, there was little desire to abolish the monarchy. Louis might have remained in charge of a newly created constitutional monarchy if he had been able to chart a clear path through the momentous events. But he was not a king with clear, decisive vision. Instead, he was muddled, distant, uncompromising, and his habitual silence left his character and actions open to all interpretations. When his eldest son fell ill and died, Louis divorced himself from what was happening at key moments. Louis was torn this way and that by court factions. He tended to think long about issues. When proposals were finally put forward to the Estates, it had already formed into a National Assembly. Louis initially called the Assembly â€Å"a phase.† Louis then misjudged and disappointed the radicalized Estates, proving inconsistent in his vision, and arguably too late with any response. Attempts at Reform Despite this, Louis was able to publicly accept developments like the Declaration of the Rights of Man and his public support increased when it appeared he would allow himself to be recast in a new role. There is no proof Louis ever intended to overthrow the National Assembly by force of arms- because he was afraid of civil war. He initially refused to flee and gather forces. Louis believed France needed a constitutional monarchy in which he had an equal say in government. He disliked having no say in the creation of legislation and he was only given a suppressive veto that would undermine him every time he used it. Forced Back to Paris As the revolution progressed, Louis remained opposed to many of the changes desired by the deputies, privately believing that the revolution would run its course and the status quo would return. As general frustration with Louis grew, he was forced to move to Paris, where he was effectively imprisoned. The position of the monarchy was further eroded and Louis began to hope for a settlement that would mimic the English system. But he was horrified by the Civil Constitution of the Clergy, which offended his religious beliefs. Flight to Vergennes and Collapse of the Monarchy Louis then made what would prove to be a major mistake: He attempted to flee to safety and gather forces to protect his family. He had no intention, at this moment or ever, of starting a civil war, nor of bringing back the Ancien Regime. He wanted a constitutional monarchy. Leaving in disguise on June 21, 1791, he was caught at Varennes and brought back to Paris. His reputation was damaged. The flight itself did not destroy the monarchy: Sections of the government tried to portray Louis as the victim of kidnapping to protect the future settlement. His flight did, however, polarize people’s views. When fleeing, Louis left behind a declaration. This declaration is often understood as damaging him; in fact, it gave constructive criticism on aspects of the revolutionary government that deputies tried to work into the new constitution before being blocked. Recreating France Louis was now forced to accept a constitution neither he, nor few other people, really believed in. Louis resolved to execute the constitution literally, in order to make other people aware of its need for reform. But others simply saw the need for a republic and the deputies who supported a constitutional monarchy suffered. Louis also used his veto- and in doing so walked into a trap set by deputies who wished to damage the king by making him veto. There were more escape plans, but Louis feared being usurped, either by his brother or a general and refused to take part. In April 1792, the French newly elected Legislative Assembly declared a pre-emptive war against Austria (which was suspected of forming anti-revolutionary alliances with French expatriates). Louis was now seen increasingly by his own public as an enemy. The king grew even more silent and depressed, being forced into more vetoes before the Paris crowd were pushed into triggering the declaration of a French Republic. Louis and his family were arrested and imprisoned. Execution Louis’ safety came further under threat when secret papers were discovered hidden in the Tuileries palace where Louis had been staying. The papers were used by enemies to claim the former king had engaged in counter-revolutionary activity. Louis was put on trial. He had hoped to avoid one, fearing that it would prevent the return of a French monarchy for a long time. He was found guilty- the only, inevitable result- and narrowly condemned to death. He was executed by guillotine on January 21, 1793, but not before ordering his son to pardon those responsible if he had the chance. Legacy Louis XVI is generally portrayed as the fat, slow, silent monarch who oversaw the collapse of absolute monarchy. The reality of his reign is generally lost to public memory, including the fact that he tried to reform France to a degree few would ever have imagined before the Estates-General was called. An argument among historians persists as to what responsibility Louis holds for the events of the revolution, or whether he happened to preside over France at a moment when much greater forces conspired to provoke massive change. Most agree that both were factors: The time was ripe and Louis faults certainly hastened the revolution. The ideology of absolute rule was collapsing in France, but at the same time it was Louis who consciously entered into the American Revolutionary War, incurring debt, and it was Louis whose indecision and mangled attempts at governing alienated the Third Estate deputies and provoked the first creation of the National Assembly. Sources EyeWitness to History. The Execution of Louis XVI, 1793. 1999.Hardman, John. Louis XVI:  The Silent King. Bloomsbury Academic,  2000.  Hardman, John. The Life of Louis XVI.  Yale University Press,  2016.

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Challanging Disabilities Essay Example | Topics and Well Written Essays - 2000 words

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