A Deconstruction of an episode of Sex and the City Essay

A Deconstruction of a scene of Sex and the City - Essay Example As it were Sex and the City deconstructs a portion of the alleged interests and reality encompassing this issues. It accordingly bodes well to include a further layer of deconstruction by breaking down a scene of the satire through the deconstructive lense.In the scene called Woulda Shoulda Coulda the subject of inadvertent pregnancy (and ensuing wish to have a premature birth) is compared against a couple who frantically need to get pregnant, however who can't on the grounds that the lady's body is assaulting her accomplice's sperm.The setting of this scene is the continuous fight over fetus removal, along with the extraordinary advances in regenerative medication when all is said in done, including the capacity to perceive definitely why a couple can't get pregnant, along with the chance of fake implantation.Thus this examination will consider a specific scene of Sex in the City inside the setting of its discipline,but additionally observe what this control has had the option to di ssimulate and additionally deny. The technique will include going into the attitude of the arrangement, with its endeavored refined depiction of the postmodern condition.This condition has been all around portrayed by Jean Baudrillard in his examination of what he calls the schizo. He contends that all people in postmodern social orders, particularly the individuals who are endeavoring to flourish in an enormous city, might be described in the accompanying way: This is a mind boggling thought, however one fit to this examination. ... He is himself indecent, the revolting play of the world's vulgarity . . . he can no more produce himself as a mirror. He is currently just unadulterated screen,a exchanging place for all the systems of impact. (Baudrillard, 1983) This is an unpredictable thought, however one fit to this examination. The person, inside Baudrillard's vision, is not, at this point the strong, three-dimensional item that he/she used to be, yet rather now exists as a sort of hub on a two dimensional surface. The powers of present day society course through these hubs without the individual having a lot of impact upon them. Inside the scene being considered here the arbitrary powers of nature: regardless of whether a lady gets pregnant or not, along with the weights and chances of present day medication, produce a sort of move of the characters as they endeavor to manage the circumstance. The awful incongruities of the circumstance looked by these individuals will be framed inside the exigencies of satire, yet the genuine reality of the circumstance frequently radiates through. Incongruity can just go up until this point. 4. Conversation The scene begins with a perspective on a bustling New York and two fo the fundamental characters running along the road, unmistakably late. The primary character states in a voice-over. Throughout everyday life, here and there we wind up at an intersection. In New York that junction will in general be occupied and exceptionally noisy. As the final words are being verbally expressed she almost gets run over by a taxi as she goes across the street without truly looking. The way that she is actually at an intersection, and that it is uproarious, and maybe even risky makes the start of the show evidently very clichd. In any case, in all actuality it tends to be seen that the authors are in certainty putting the entire exemplary

Agriculture in Nepal

The major financial wellspring of most of the families in our nation is agribusiness. Over 70% of our HR are associated with agribusiness and this segment accommodates almost 40% of the total national output. Therefore farming is the significant occupation, principle endeavor and the significant way of life of the nation. The unit of the rural framework in our nation as of now is a family. On the off chance that we take a general agent model we see that the undertaking has familial speculation, and the results of the venture are expended in the family itself, and the items don't approach the markets.Once in some time, if the creation of the family surpasses the utilization it is clearly hard for a family to discover the business sectors, transport the items to the business sectors on the off chance that they discover one, and can anticipate benefits, and for the security of their ranch or animal items. To add to that rivalries with built up national and global ventures prompts financ ial disappointments which have intruded on the couple of endeavors of enterpreneurship that were attempted. With the two leftovers of the exceptionally old frameworks and the flashes of present day agribusiness frameworks seen, the significant patterns of the national agrarian conduct, frameworks and creation are as follows:1. Speculation: The significant portion of venture on farming are involved via land and human work. Innovation, water system, foundation improvement, and arrangement of substance composts are out of creative mind and possibilities for a family, and the administration additionally is still to focus on this issue. Additionally a sizable number doesn't approach cultivable land and accordingly modest human work is everything they can sell, which further restrains their aspirations for money related prosperity.Even families with land are without present day innovation because of monetary as well as instructive reasons. The primary horticultural apparatuses are as yet the hundreds of years old neighborhood kuto, kodalo and radiance. 2. Money related Unit: At present, the investigation of the Madhes, Pahad, Himal or any topography uncovers that enterprise is deficient partially because of land discontinuity . Because of absence of aggregate agrarian frameworks little familial budgetary units are made which are unequipped for rivaling bigger set up national or global monetary enterprises.Product Diversification: Although farming needs to good as per the geography and atmosphere, the current pattern is that all families the country over from mountains to the fields and over the east-west channel develop similar assortments of yields and back a similar domesticated animals. There is a pattern of every family developing all it requirements for means as opposed to cultivating as indicated by the microclimate. 4. Attitude: The informed youth don't wish to seek after horticulture as a profession. There is a general absence of advancing business enterpris e in the nation in general.Research and Development: There is little co-appointment if any between the constrained Agricultural School and Research Centers. Ranchers can possibly lament when their entire reap is wrecked by bothers. Absence of legitimate testing and pretesting of mixtures keep on demolishing the ventures of the poor ranchers. Moreover, it has been a test to hold the agroscientists and specialists in the nation as observed in other specialized parts. 6. Emotionally supportive networks and Infrastructure: There is a poor condition of credit arrangement to the ranchers. The corporate banks are contributing great underneath the arrangement prerequisite of 10% in agriculture.Also the enthusiasm on farming credits is exceptionally high contrasted with genuine state and vehicle advances. There is practically no arrangement of protection and securitization on the agribusiness part. The absence of supporting framework needs no portrayal, there are no sufficient country street s, storerooms and cold-stores are an irregularity and interest for the necessary power offices is neglected. The focal point of social and financial existence of our nation, the horticulture division is still family-based, subsistent and non-proficient. Accordingly it must be supplanted to build up a specialized, aggregate and pioneering arrangement of agribusiness.

Admission Personal Statement Essay

Care is incomparable to the endurance of all life on earth. In the demeanor of care, understanding and valuable treatment any individual incorporating grown-ups with Parkinsonism and discourse deserts, youngsters with mental imbalance, cerebral paralysis and comparable discourse weaknesses can endure; they can live to affect the planets in government, legislative issues, financial matters, arts.They can be preferable lyricists over Ludwig van Beethoven, and their records in writing can outperform that of Helen Keller, American writer and speaker who was visually impaired and hard of hearing. Independent of the disabilities they might be living with, the devotion of  speech pathologists and specialists can be of massive assistance to this class of individuals; This is the pith of my goal to seek after a Master’s qualification in Speech language pathology Programs in this prestigious institution.Honing my aptitudes as a discourse pathologist is in no way, shape or form a simpl e undertaking and duty. As an individual, I can successfully impart demonstrative test outcomes, analyze, and proposed treatment in a way which is handily comprehended by companions and families.This is valuable to customers/patients and their families. I comprehend that the patient’s reaction to language training might be moderate and along these lines I am tolerant and sympathetic enough to tune in to the patient has need be.â As a language teacher, the administration or restorative example for every patient is individualized to suit the need of the patient. Independent of the birthplace of the discourse shortfall, I accept emphatically that I can be of massive help.I accept my childhood has a critical offer in my longing to additionally create make as a discourse pathologist. Being a Russian settler, I effectively can adjust to youngsters who appear to be attempting to receive their second language in this nation. As a kid coming to America at an extremely youthful age o f 12, I perceived how my folks likewise battled to stay aware of the language hindrances. Be that as it may, I utilized this episode to additionally reinforce my craving to be a decent discourse pathologist.Besides, seeing the trouble of my folks, I endeavored to remember for my work as a discourse pathologist programs wherein guardians would be engaged to be steady of their youngsters as they cooperate in language training programs. I'm not an inflexible sort of educator; I structure my projects around non-formal methods for showing environments.I am delicate to my wards, as in I apply simply enough weight on them to learn without being excessively strong. My abilities are being put to use as I have been thinking about my granddad who is lawfully visually impaired for as far back as 6-7 years in spite of the fact that his hearing is fine and discourse is fine. Plus, I have become progressively quiet even to the degree of supporting for older rights to see nursing home ignores. I am convinced that individuals need care independent of their assumed disability.In my stay in the Big Apple Academy in New York, during my entry level position and volunteer obligations at the establishment, I partook in different exercises through which I increased more information about my picked field: I took in a ton at Big Apple and at First Step Early Intervention additionally in New York about kids who experienced issues in their learning modules at discourse therapy.In my stay at the foundation, I found out about â€Å"Prompts for Restructuring Oral-Muscular Phonetic Targets† (PROMPTs). I accept that learning must never stop; it must be a consistent action on the off chance that one wishes to consummate their ability; that is the explanation behind my application to concentrate in this profoundly set institution.Suffice me so express that it is very difficult to state that on the off chance that I do get conceded into your renowned program, I would have the option to ma ke a fix just for discourse lacks in all kids. Despite what might be expected, youngsters who have these exceptional conditions are only that, unique. They need additional consideration and love and comprehension from us, and, not to act naturally acknowledging, I view myself as to have been honored with an additional proportion of affection, sympathy and patience.But on the off chance that I do design a fix by any stretch of the imagination, your program would have an additional proportion of credit, since the information I would have picked up from your program would have gone far in adding to my discovery!The offices in this foundation are satisfactory for viable instructing and profitable learning; this is the reason I have picked this organization. As a persistent and intensive understudy, I will be of incredible advantage for the school, with commitments to the assemblage of information through research, to sports through cooperation and to social advancement by powerful relat ionship abilities. At long last, I can express numerous things concerning why my application ought to be considered.Suffice it to state that I am persevering, driven and exceptionally energetic in my craving to be acknowledged into your program. I likewise am a cooperative person; I function admirably in a situation where the intersection of thoughts will contribute in my learning procedure as a discourse pathologist. I accomplish my work on schedule, with an additional push to make sure that the work I will do in the program will be top quality every single time.In closing, I concede my insight is constrained and still such a long way to go. I accept that the program in your good foundation will additionally reinforce the bedrock that I have in the field of discourse therapy.I am appreciative that this nation bears individuals like me, a Russian Jew, chances to better myself unafraid of segregation or recrimination. My fantasies may not be to change the world yet I can have any kin d of effect by an astounding Speech advisor and graduate of your institution’s Master’s program.

Representative Democracy In America - Free Essay Example

There are many forms of government, and even more variants of those forms. America is generally referred to as a representative democracy. This may be the case, but is there a more appropriate, or accurate, term to be calling the government of the United States of America? No there is not, as no definition for any common or even uncommon government fits with the structure of the U.S. Just because there is no better term for the United States government does not mean representative democracy is a perfect term either. While it fits for the bare-bones description of how the government functions, it is truly a mix of a couple different types of government. The most prominent of these being a plutocratic republic, which is a plutocracy and democracy combined whose candidates for elections are chosen, financed, and promoted by plutocrats. If the elected official decides that they oppose plutocracy and its policy, the plutocrats who fund these candidates do their absolute most to make sure that said official is not elected again. This government form still has elections for their officials, but they are chosen by only the wealthy as opposed to the registered voters and/or government officials. That is comparable to the fact that candidates, especially presidential ones, need a sizable amount of money for advertising in their campaign, as it doesnt come cheap. The money normally comes from private funds or fundraisers, but can also come from sources like political action committees. Simply put, PACs are political groups that donate to parties and candidates that they support. However, money is not the most important factor when running for a position in the government, so while it is influential its not so influential that the entire system revolves around third parties having to choose and fund candidates. A plutocratic republic also requires the government to be a plutocracy as well as democracy, which the U.S. is not. Representative democracy is citizens voting for representatives who in turn make decisions on behalf of the citizens. Average citizens of the United States who are registered to vote can vote for the state legislature. The state legislature can vote for who is in the electoral college. Finally, every four years the electoral college votes for president. There are many other jobs in the government, but that is how the average citizen connects to the head of it. This structure means that the possibility of our government model being an oligarchy is nonexistent since it has nothing to do with class, but with who is voted for. It also takes out the option of it being anything that isnt a democracy variant. The government also has aspects of a direct democracy, which is shown but very limited. Examples of this are mayoral elections, law ballots, and town meetings. However, this does not happen often enough or on a large enough scale to be considered the governments structure. It matters to define the U.S. form of government because if there is no definition, then few people, if any, would know how it should be run according to its type. Each form is run differently, some differences much more drastic than others. More accurate defining will lead to more accurate underst anding.  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Most countries in the world are regarded as representative democracies, the United States of America being one of them. In addition to this basic one, influences of other forms of government are shown in business, voting, and lawmaking. This term is not quite perfectly aligned with every aspect of our government but appears to be the closest compared to any other option that is offered in the long list of them.

Book Review Built to Last - 4076 Words

Book Summary: Built To Last Built To Last by James Collins Jerry Porras What has enabled some corporations to last so long, while other competitors in the same markets either struggle to get by, or fade away after a short period of time? This is the major question that Mrs Collins and Porras try to answer. They took a look at 18 well known, well established and healthy companies (visionaries), and compared them to a counterpart in their specific area of business. They analyzed all the information they could get their hands on, compiled it, and looked at it to try to find patterns both between the visionary companies and their counterparts, as well as among the visionary companies themselves. The result of all of this is a set of†¦show more content†¦Most top executives were too busy building the clock and innovating to do extensive PR work that would promote themselves. †¢ No Great Idea Needed to Start a Company. - Many of the companies founders did not start the company with a set idea. The best example given in the test is Hewlett-Packard. Both of these friends did not have an idea for what their product would be before starting their business. They tried making a few interesting products until they developed a piece of military hardware that caused their business to start growing. The above summary has been provided to you compliments of The Vance Caesar Group - Premier Leadership Coaching The Clock Builders Tale Creating Organizations that Take a Licking and Keep on Ticking James Collins began his morning Masters Forum session February 21 by reading the minutes of the first official meeting of a new business. The three principals had no specific product in mind when they formed the company, just vague ideas about industries with potential. But they talked about what kind of company they wanted to be, and agreed to have regular meetings once a month, just like this one. It was dull. Nearly everyone in the audience gave the fledgling organization little chance of making a dent in the business world. But the business the three men were starting that day, August 23rd, 1937, not only made a dent. It went on to become one of the best-known, best-run, longest-livedShow MoreRelatedBook Review Success Built to Last3070 Words   |  13 PagesBOOK REVIEW SUCCESS BUILT TO LAST: Creating A Life That Matters By Jerry Porras, Stewart Emery, and Mark Thompson Summary Success Built to Last builds on over 200 interviews with highly successful people to discern patterns on how they define success and how they achieved it. The authors spoke to remarkable people that were trimmed down from initial thousand lists to hundreds who were able to sustain success for over a 20 year period. The interviewees were Nobel Laureates, Pulitzer, GrammyRead More A Clockwork Orange, by Stanley Kubrick Essay example1522 Words   |  7 Pagestheres something wrong with a movie when the last third feels like the last half† (Rogerebert.com). The audience reactions all seem to say the same thing: â€Å"Brilliant movie†, â€Å"a gem of an art piece†, â€Å"sensational†, â€Å"the number one film of all time on my charts†(IMDb Reviews), with many claiming that it has to be watched more than once to truly appreciate the film. The movie has earned a 91% Certified Fresh rating on www.rottentomatoes.com, a movie review website. According to Film Critic JeremiahRead MoreDavid Albert s The New York Times863 Words   |  4 PagesUniversity in Tempe, Arizona. 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However for the purpose of this review, Karl Pilkington is an English televisionRead MoreFederalism Vs. Judicial Review899 Words   |  4 Pagesto mind. In fact federalism played a huge role in the start of individual rights. Along with federalism, judicial review was one of the initial startups of individual rights with Supreme Court cases that will be later mentioned. Federalism and judicial review paved the way for the start up and stability of individual rights. Before the analysis of how federalism and judicial review plays a part in individual rights, one must know what exactly they are. Federalism is a system that spreads the powersRead MoreResearch Methodology For The Field Of Exploration1160 Words   |  5 Pagesgeneral nature of your exploration, and, at last, the legitimacy of your discoveries and conclusions. Literature Review A literature review reviews books, academic articles, and some other sources significant to a specific issue, region of examination, or hypothesis, and by so doing, gives a portrayal, synopsis, and basic assessment of these works in connection to the exploration issue being researched. Literature reviews are intended to give a review of sources you have investigated while lookingRead MoreMission Statement : Adjustable Healthcare Facilities1198 Words   |  5 Pagesshould be match the units and expansion in the future. It should be a sustainable, adjustable and effective project. Researches in Modular Construction Healthcare Design. A Review of Literature In the past 15 years, modular constructions are widely used in all kinds of new buildings. Architects prefer the way of built and design because of the sustainable and economic performances. Also, it is an ideal way to improve the variability of a project significantly to adjust to the development ofRead MoreThe Project Is Fine Tuning Work Done From Previous Course Work?1215 Words   |  5 Pagesprevious course work. There is buffer for more time that can be built into this section, but it is important to not begin the project by immediate consumption of buffer for unforeseen issues that may arise throughout the project. Literature Review: The literature review is a significant section of the capstone project. This section requires significant work and research. It is important to recognize that the literature review is not a book report, or an abstract of literature that was read for theRead MoreMy Own Boswell : Memoirs Of M. Hidayatullaha1390 Words   |  6 Pages COMMUNICATIVE ENGLISH PROJECT ON BOOK REVIEW Of MY OWN BOSWELL: MEMOIRS OF M. HIDAYATULLAHA BY SURVI SINHA 14B152 Book Review MY OWN BOSWELL: MEMOIRS OF M. HIDAYATULLAHA by M. Hidayatullah. ISBN: 978-81-7534-260-6 Publication year 2011 Pages: 304 Price Rs. 295/- Published By Universal Law Publishing Company Private Limited G.T. Karnal Road, New Delhi- 110033, India Reviewed by Survi Sinha* Read MoreThe Odyssey Book vs. Movie Version1022 Words   |  5 Pagesdrinking soda would sound much more appealing than reading a book by the fire at night while drinking a frappucino from Starbucks. Now, producers and directors would take successful and famous stories and adapt it into a movie. Sometimes, they would succeed, with examples being the Harry Potter series, which received mainly positive reviews from both critics and the audience. However, most of the time these people would unknowingly butcher the book based movie by taking out many important characters and

Founding Brothers By Joseph J. Ellis - 1479 Words

In the book â€Å"Founding Brothers† by Joseph J. Ellis, he explores the challenges faced by the Founding Fathers in a series of 6 defining events as they formed a new government for the U.S. after the revolution. Focusing on the more important figures from the revolutionary era, who he calls â€Å"Founding Brothers†, a slight change from the original â€Å"Founding Fathers†. They are as follows: George Washington, John and Abigale Adams, James Madison, Thomas Jefferson, Arron Burr, Alexander Hamilton, and Benjamin Franklin. In this book there’s 7 sections, each showing a different problem, which Ellis tries to explain in a neutral perspective using both foresight and hindsight. He tries to show the sense of urgency of the issues faced while providing a better perspective using the centuries of hindsight acquired. He tries to focus on the different relationships the men had and how they were influenced by the events and each other during this very formativ e chapter of the country. â€Å"Founding Brothers† is a non-fiction novel in which Ellis attempts to focus on the highlighted events in both post-revolutionary times and the lives of the Founding Fathers. He attempts to address each specific relationship and how they were impacted by the harsh times in which they lived. The 7 sections in the book allows deeper hindsight and foresight into specific matters so we may better understand the hardships these men were subjected to, as well as history’s opinions of them. Ellis shows his intentionsShow MoreRelatedThe Founding Brothers By Joseph J. Ellis1253 Words   |  6 PagesIn the book the Founding Brothers, Joseph J. Ellis, the author puts the key players of post – revolution America on BLAST! His slam book, closely mirrors the political turmoil of today. It is marred by a war of words between candidates, personal attacks, media bias, party politics and long standing feuds. Ellis’ factual account of the hi storical crisis explores challenges each of these ordinary men, our founding fathers faced as they come together to established order and declare their independenceRead More Joseph J. Ellis Founding Brothers : The Revoluntary Generation654 Words   |  3 PagesJoseph J. Ellis Founding Brothers : The Revoluntary Generation   Ã‚  Ã‚  Ã‚  Ã‚  The compelling and infectious novel of Founding Brothers; The Revolutionary Generation written by Joseph J. Ellis combines our founding fathers weakness’ and strongest abilities in just six chapters. His six chapters tell the stories of: The duel between Alexander Hamilton and Aaron Burr. This entertaining chapter describes how duels were undertaken and played out in that time, and helps the reader understand both mens motivesRead MoreFounding Brothers by Joseph J. Ellis Essay1411 Words   |  6 PagesFounding Brothers Essay The founding fathers, or as the book calls them the founding brothers, are an assorted group of men from wildly different backgrounds. In political terms, they were divided. Yet, they came to together to help shape this country into the place it is today. Now on their journey towards the making of this country they did encounter some trouble. They encountered heated debates among themselves though for getting through these debates they show just why they deserve to be calledRead MoreSummary Of Founding Brothers : The Revolutionary Generation By Joseph J. Ellis1377 Words   |  6 Pages2015 Summer Book Review Founding Brothers: The Revolutionary Generation by Joseph J. Ellis Publisher: Alfred A. Knopf Joseph J. Ellis work concentrates on crucial events after the Revolutionary war in the young nation of America. The writer unbiasedly analyzes vital moments in the lives of the Founding Fathers and how relationships between them influenced and were influenced by the unstable era in which they happened to live in. Through the six chapters and preface, Ellis examines the key revolutionaryRead MoreRespectability: Politics in Early America in Founding Brothers by Joseph J. Ellis1507 Words   |  7 PagesIn Founding Brothers, Joseph J. Ellis discusses how the relationships of the founding fathers shaped the United States, looking not only at what happened historically but the myths that have prevailed in modern times. I have few issues with this book one of which is that the narrative often jumps from one time and place to another, and while it provides the relevant information and keeps the reader’s attention, it can be hard to follow at times. In addition there are times were he explains the sameRead Morefounding fathers book report873 Words   |  4 PagesJoseph J. Ellis is a well-known historian. He earned his Bachelor’s degree from the college of William and Mary, and his masters and Ph.D. at the University of Yale. Ellis is currently a full time professor of the Commonwealth at the University of Massachusetts at Amherst. In addition to Founding Brothers: The Revolutionary Generation Ellis has written many books and editorials. His books include; The New England Mind in Transition: Samuel Johnson of Connecticut (Yale University Press, 1983)Read MoreFounding Brothers : The Revolutionary Generation Essay1261 Words   |  6 PagesJoseph J. Ellis, American historian and novelist has written many awards winning novels. One of his most recognized, â€Å"American Sphinx†, winner many prestigious awards such as the National Book Award for Non-Fiction in 1997, and the Ambassador Book Award for Biography in 1998. His Pulitzer Prize winning novel, â€Å"Founding Brothers: The Revolutionary Generation†, talks about the founding fathers’ interactions with each other in the decades that followed the Constitutional Convention of 1787. DuringRead MoreFounding Brothers Book Review Essay627 Words   |  3 PagesEllis, Joseph J.  Founding Brothers: The Revolutionary Generation.  New York: Alfred A. Knopf, 2000. Print. The book being critiqued in the following review is Founding Brothers by Joseph Ellis. Ellis’ goal in writing this book was to define the political events and achievements that gained historical significance because they framed the successive history of the United States. Ellis wrote on this specific topic because he felt the need to argue the fact that the American Revolution and the greatnessRead MoreThe American Revolution : A Historiographical Introduction846 Words   |  4 PagesRevolution: A Historiographical Introduction,† provided by The British Library I would choose to use a book titled â€Å"Revolutionary Characters: What Made The Founders Different,† written by Gordon S. Wood, and a book titled â€Å"Founding Brothers: The Revolutionary Generation,† written by Joseph J Ellis as reference. The article â€Å"The American Revolution: A Historiographical Introduction,† provided by The British Library, goes over how the American Revolution’s history has changed throughout the yearsRead MoreThe Revolutionary Generation, By Joseph J. Ellis1730 Words   |  7 PagesJoseph J. Ellis, the author of Founding Brothers: The Revolutionary Generation, is an American author and historian. Born July 18, 1943 in Washington, D.C., Ellis would grow up to be one of the best, well-known scholars of America. He began his college education at Yale University, then at the College of William Mary. Ellis works include Founding Brothers: The Revolutionary Generation, American Sphinx, and His Excellency: George Washington. His books have brought his name into one of remembrance

Contributory Negligence Historical and Comparative Free Samples

Question: Discuss about the Contributory Negligence for Historical and Comparative System. Answer: Introduction A tort can be stated as a wrong done, which attracts civil liability. Negligence is considered as a tort law in Australia and it depicts that a wrong has been committed, which attracts civil liability. Negligence denotes a breach of duty of care, which individual one, owed to individual two, and causes loss or injury to the individual two. Once a case of negligence is successfully established in the court, the individual two could apply for damages. The provisions regarding negligence are not only contained in the common law, but also under the Civil Liability Act, of each state in Australia. However, when a case of negligence is made, often the individual one can cite the contributory negligence of individual two, to get the damages reduced [Legal Services Commission: https://www.lawhandbook.sa.gov.au/ch01s05.php (Downloaded 13th May 2017)]. In the following parts, the case of Ruth has been analyzed to consider if a case Keith was actually indulged in the tort of negligence. Further, the contributory negligence of Ruth against Keith would also be evaluated, and the impact of the same over the negligence of Keith would be elucidated. Lastly, a summary and the possible relief available to Ruth would be highlighted. Negligence, as stated above, is the duty of care, which has been owed by a person towards another, due to the work undertaken by then, which has a possibility of resulting in a loss or injury, and due to the breach of duty of care, the possibility of injury is materialized. Though, for establishing that a case of negligence has actually been made, it needs to have certain essential elements, which include a duty of care, this duty to be breached, resulting damages, direct causation, foreseeability and loss not being too remote (Statsky, WP, 2011, P. 126). Duty of Care The first requirement for making a case of negligence is establishing that a duty of care was indeed present. The case of Snail in the Bottle case, which is otherwise known as Donoghue v Stevenson [1932] UKHL 100, a dead snail was found inside the ginger beer bottle manufactured by the plaintiff, as a result of which, Donoghue fell very sick. When she sued the manufacturer for negligence, he claimed that he did not owe a duty of care towards her, as she consumed the beer at the caf. However, the court had a different view, as per which, Stevenson owed a duty of care towards its consumers, by the reasons of being the manufacturer of the ginger beer bottle. And hence, this case became a leading example of the duty of care owed by the manufacturer towards their consumers (Latimer P, 2012, P. 1146). The duty of care can also be judged by using the threefold test given in the case of Caparo Industries plc v Dickman [1990] 2 AC 605, 618 by the Court of Appeal. In this case, the court was of the view that for establishing that a duty of care was indeed present, there is a need to show that the parties and the injury had proximity between them, the risk of harm was reasonably foreseeable, and that the imposed penalty would be just, fair and reasonable (Lunney Oliphant, 2013, P. 442). In the given case study, Keith had undertaken the work from Ruth, relating to certain modification in her home. Hence, he had the duty of taking care, when he discharged his services. As per Donoghue v Stevenson, he owed a duty of care towards his customer. Further, as per the threefold test, the risk of harm was foreseeable when leftover material was used, instead of hardwood. There was proximity and imposed penalty would be just in this case, hence, a duty of care was clearly present. Breach of Duty After presence of duty of care, it has to be established that this particular duty, was breached by the party which owed this duty. In Vaughan v Menlove (1837) 132 ER 490 (CP), the defendant had been warned for a long time, regarding the possibility of a fire in the haystack, due to the improper ventilation in the building in which the hay was kept. But he chose to ignore it. So, when the haystack was caught on fire, the defendant was held to have breached his duty of care [Commonwealth Legal Information Institute: https://www.commonlii.org/uk/cases/EngR/1837/424.pdf (Downloaded 13th May 2017)]. Another matter which highlights the breach of duty of care was established in the case of Paris v Stepney Borough Council [1951] AC 367. In this case, the Council did not make available the protective goggles to Paris, who was blind in one eye. Whilst he was working on a rusted bolt, a part of it broke off and hit is good eye, which left him completely blind. It was held that the council had breached their duty of care towards Paris [E-Law Resources: www.e-lawresources.co.uk/Paris-v-Stepney.php (Downloaded 13th May 2017)]. In the given case study, Keith had the duty of taking proper care in his work, but he failed to do so. Even though he was provided with the proper material, he did not use the same, which led to Ruths injury. So, a breach of duty was present in this case. For establishing negligence, the loss has to be foreseeable in a reasonable manner. In Bolton v. Stone [1951] AC 850, [1951] 1 All ER 1078, it was held by the court that the loss was not reasonably foreseeable, and so, the plaintiff could not be awarded any damages [Swarb: https://swarb.co.uk/bolton-v-stone-hl-10-may-1951/ (Downloaded 13th May 2017)]. In Wyong Shire Council v. Shirt (1980) 146 CLR 4, it was held that foreseeability of a loss had to be judged on the basis of perception of a reasonable individual [Jade: https://jade.io/j/?a=outlineid=66842 (Downloaded 13th May 2017)]. So, if a reasonable individual would have perceived that there was foreseeability in the loss, the same would give rise to negligence. In the given case study, the use of leftovers, instead of proper material, in the view of a reasonable person, would give rise to a foreseeability of loss, incurred by Ruth. And so, she could make a claim for negligence. Remoteness The next step in making a successful claim for negligence is to show that the losses were not too remote and instead, were substantial in nature. If the loss is found to be too remote, damages are not awarded even if there is a presence of other elements of negligence. In Wagon Mound Case, or as is fully known as the case of Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd [1961] UKPC 2, the court held that the loss was too remote, and so, no relief was awarded [H2O: https://h2o.law.harvard.edu/collages/4919 (Downloaded 13th May 2017)]. In the given case study, the loss was not at all remote. This is evident from the fact that she fell down, which resulted in her knee being dislocated. Moreover, her recovery took two months, for which she remained unemployed. This denotes that she had to bear substantial losses as a result of the negligence of Keith. The next requirement is to establish that the loss or injury occurred directly due to the breach of duty of care of the individual one. In Donoghue v Stevenson, for instance, the dead snail in bottle was the direct reason for Donoghue being sick. And due to the direct causation, the damages were awarded to her. Section 5D of the Civil Liability Act 2002 (NSW) provides that for negligence, it is crucial that there was a factual causation. In other words, the incurred negligence has to be a necessary condition for the occurrence of harm [NSW Legislation: https://www.legislation.nsw.gov.au/#/view/act/2002/22 (Downloaded 13th May 2017)]. In the given case study, the use of piece of left over untreated chipboard, which got wet due to the rain, and rose up, which ultimately led to Ruths crash, shows a direct causation between Ruths injury and the actions of Keith. Hence, based on this element, a claim of negligence would be successful. The last step which is required for establishing a case of negligence is to show that loss or injury did take place for damages to be claimed. Without a loss or harm, a claim for damages, would not hold. In Barnett v Chelsea Kensington Hospital [1969] 1 QB 428, the court brought forward a but for test to establish if a claim for damages would be upheld or not. This test states that in case it can be established that the injury or loss would have occurred, even in absence of the breach of duty of care on part of the defendant, the damages cannot be awarded [E-Law Resources: https://www.e-lawresources.co.uk/Barnett-v-Chelsea--and--Kensington-Hospital.php (Downloaded 13th May 2017)]. In the given case study, the but for test needs to be applied to establish if damages should indeed be awarded to Ruth. Had proper material been used by Keith in his work, the wood would not have swollen and eventually not collapsed. So, on the basis of this test, the damages have to be awarded to Ruth. Negligent Misstatement When an individual makes a false or untrue statement, on which the other person relies, which results in a loss to the reliance making party, a claim for negligent misstatement can be made. In Hedley Byrne Co Ltd v Heller Partners Ltd [1964] AC 465, it was held that reliance is a crucial element to establish negligent misstatement [Swarb: https://swarb.co.uk/hedley-byrne-and-co-ltd-v-heller-and-partners-ltd-hl-28-may-1963/ (Downloaded 13th May 2017)]. In the given case study, Keith made a false statement that he was a qualified carpenter, when in reality he had no trade qualifications. Relying upon his statement, Ruth undertook her services. And so, she can claim damages for the negligent misstatement made by Keith, which resulted in her being injured. Once a case of negligence is made successfully, the individual can apply for damages. The House of Lords in the case of Addis v Gramophone [1909] AC 488, held that the purpose of the damages is to put the individual in such a place, where such an individual would have been, had the incident of negligence not occurred [E-Law Resources: https://e-lawresources.co.uk/cases/Addis-v-Gramophone.php (Downloaded 13th May 2017)]. The damages claimed in this case by Ruth are twelve months in lost income, along with the punitive damages to punish Keith. However, she resigned voluntarily, and the negligence had no role in this resignation. Her motives were to serve the charity, which was not related to her injury. So, a claim can only be made for the punitive damages, and for the two months recovery period for which she could not return to employment. This would put her in a position as she was before the negligence incident. Along with this, the damages can be claimed for the negligent misstatement made by Keith. Contributory Negligence One of the defenses which are available in cases of negligence is the contributory negligence. Under the principle of contributory negligence, an injured or harmed individual makes a contribution towards the injury which they receive. When such happens, the damages which are awarded to the individual owing to the negligence of another are reduced in proportion to the contributory negligence of the individual (Dongen EV, 2014, P. 8). Davies was held to have contributed towards his injuries in the case of Davies v Swan Motor Co [1909] AC 488, and hence, the amount of damages awarded to him was reduced proportionately [E-Law Resources: https://www.e-lawresources.co.uk/Davies-v-Swan-Motor-Co.php (Downloaded 13th May 2017)]. In the matter of Raad v KTP Holdings Pty Ltd as Trustee for VM KTP Nguyen Family Trust [2016] NSW 2016 888, as the plaintiff had contributed towards her injuries, the damages awarded to her were reduced by 10% [Lexology: https://www.lexology.com/library/detail.aspx?g =bdcef724-3c2e-482d-9d74-540bc1a44d6c (Downloaded 13th May 2017)]. In the given case study, Ruth was carrying a lot of stuff when she was going down the stairs. Moreover, her vision was obscured due to the stuff she was holding as a result of which, she failed to notice the missing tread. This led to her fall down from the stairs. As she was not careful going down the stairs, she would be guilty of contributory negligence. And the damages awarded to her would be reduced by the percentage of her contributory negligence, as decided upon by the competent court. Conclusion To summarize this discussion, Keith had been negligent in this case, due to the presence of crucial elements of negligence. Though, Ruth could only be awarded the punitive damages and damages for the loss of two months of her employment and not for the period in which she deliberately chose not to work. Moreover, the amount of damages would be reduced by the magnitude of her contributory negligence. Bibliography Dongen EV. Contributory Negligence: A Historical and Comparative Study, (Boston: Brill Nijhoff, 2014) Latimer, P. Australian Business Law 2012, 31st ed, (Sydney, NSW: CCH Australia Limited, 2012) Lunney, M., Oliphant, K. Tort Law: Text and Materials, 5th ed, (Oxford: Oxford University Press, 2013) Statsky, WP. Essentials of Torts, 3rd ed, (New York: Cengage Learning, 2011) Commonwealth Legal Information Institute: https://www.commonlii.org/uk/cases/EngR/1837/424.pdf (Downloaded 13th May 2017) E-Law Resources: www.e-lawresources.co.uk/Paris-v-Stepney.php (Downloaded 13th May 2017) Jade: https://jade.io/j/?a=outlineid=66842 (Downloaded 13th May 2017) H2O: https://h2o.law.harvard.edu/collages/4919 (Downloaded 13th May 2017) NSW Legislation: https://www.legislation.nsw.gov.au/#/view/act/2002/22 (Downloaded 13th May 2017) E-Law Resources: https://www.e-lawresources.co.uk/Barnett-v-Chelsea--and--Kensington-Hospital.php (Downloaded 13th May 2017) Swarb: https://swarb.co.uk/hedley-byrne-and-co-ltd-v-heller-and-partners-ltd-hl-28-may-1963/ (Downloaded 13th May 2017) E-Law Resources: https://e-lawresources.co.uk/cases/Addis-v-Gramophone.php (Downloaded 13th May 2017) E-Law Resources: https://www.e-lawresources.co.uk/Davies-v-Swan-Motor-Co.php (Downloaded 13th May 2017) Lexology: https://www.lexology.com/library/detail.aspx?g=bdcef724-3c2e-482d-9d74-540bc1a44d6c (Downloaded 13th May 2017) Legal Services Commission: https://www.lawhandbook.sa.gov.au/ch01s05.php (Downloaded 13th May 2017) Swarb: https://swarb.co.uk/bolton-v-stone-hl-10-may-1951/ (Downloaded 13th May 2017) Addis v Gramophone [1909] AC 488 Barnett v Chelsea Kensington Hospital [1969] 1 QB 428 Bolton v. Stone [1951] AC 850, [1951] 1 All ER 1078 Caparo Industries plc v Dickman [1990] 2 AC 605, 618 Davies v Swan Motor Co [1949] 2 KB 291 Donoghue v Stevenson [1932] UKHL 100 Hedley Byrne Co Ltd v Heller Partners Ltd [1964] AC 465 Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd [1961] UKPC 2 Paris v Stepney Borough Council [1951] AC 367 Raad v KTP Holdings Pty Ltd as Trustee for VM KTP Nguyen Family Trust [2016] NSW 2016 888 Vaughan v Menlove (1837) 132 ER 490 (CP) Wyong Shire Council v. Shirt (1980) 146 CLR 4 Civil Liability Act 2002 (NSW)