Acquisition of a language

Acquisition of a language Acquisition of a language is a situation whereby a person, specifically one who is exposed to the language to be acquired is exposed to that language.Advertising We will write a custom essay sample on Acquisition of a language specifically for you for only $16.05 $11/page Learn More It can either happen in a natural set up where the target language is used and that the learner of this language acquires it by mere exposure to that language (Ellis, 1994), or in a formal set up where the language is to be taught to the learner and he or she is introduced to the rules and ‘tools of trade’ of the language, for instance, when a learner is born in a certain environment, for example an English family, and the language of communication is English, then the learner’s first language is English (Ellis 1985), but when another language comes up such as French, and the child is under circumstance that he or she has to learn French, then French will come in as a second language. The environments of acquiring both languages will be different and therefore after acquiring the first language, acquisition of the second language can either be simplified or made harder. The second language can either borrow from the first language or not borrow at all; therefore the first language will have played a role either positively or negatively in the second language acquisition process (Gass Selinker, 2001). Second language acquisition entails the acquisition of a language after the first language also known as the native language. The first language is considered the language that one acquires first as the mode of communication. This language is always thought to be an individual’s mother tongue. Any language that comes after the first language is then referred to as the second language, which is essentially the language that opens an individual to the outside world or rather to communicate with people outside his or her native backgrou nd. Most often than not, an individual’s background can be traced using the (Gass Selinker, 2001) accent that he or she has in her foreign language as his or her second language accent can easily contain traces of his or her first language. It is therefore the case that first language can have both positive and negative effects on an individual (Ellis, 1985). The second language can be easy to learn if there are some similarities between it and the first language. It is always the case that a French speaker can easily learn English as his or her second language because of the few similarities between the two languages, but a speaker of Chinese can find it a bit hard to learn English because there is a wide gap in terms of differences between the two languages (Gass Selinker, 1992).Advertising Looking for essay on linguistics? Let's see if we can help you! Get your first paper with 15% OFF Learn More There will be more interference experienced (Ellis, 1994) from the Chinese language because of the difference in pronunciation than it will be the case with French. It is therefore believed that similarities and differences in various languages play a significant role in the acquisition of the second language, the more the differences, the difficult it is to acquire the second language but the less the differences, the more easy it is to learn the second language (Gass Selinker 2001). Second language acquisition will be interrupted by the first language in a situation whereby the first language dominates much more in its usage than the second language. Whenever the first language gets more prevalence, then it is most probable that the use of the second language is minimal. Practice makes perfect and therefore if the language acquired as a second language will find it as a challenge when the learner uses the first language more often because the learner finds it more comfortable to use the first language, then it will be hard reachin g the target language. Therefore the first language will have stood in the way of the learning of the second language and therefore its acquisition hindered. The first language will have stood on the way in the learning of the second language. Errors can come up in the acquisition of the second language because of the interference caused by the first language (Dulay Krashen, 1982). Most of these errors are caused by transfer of forms and meanings by a learner from their first language into the second language. This is evident in practical measures when a learner wants to make it easier to understand a notion that is found in the second language that is almost similar to that found in the native language (Dulay Krashen, 1982). Most errors are always linked to the first language caused by transfer.Advertising We will write a custom essay sample on Acquisition of a language specifically for you for only $16.05 $11/page Learn More In the acquisition of the se cond language, the learner either consciously or unconsciously finds himself or herself transferring rules from his or her first language into the second language. These rules May affect the acquisition of the second language either positively or negatively (Dulay Krashen, 1982) As propagated by the behaviorist theory that language learning is a process of habit formation (Gass Selinker, 1992) whereby old habits from the first language are thought to stand in the way of the learning of the new habits found in the second language, this is referred to as negative transfer. This will in the wider picture lead into the formation of errors. According to behaviorists therefore old habits that will have been formed in the learning of the first language contribute greatly in the learning of the second language and in as much as in the behaviorist context this will lead to formation of errors and it is evident therefore that there is a significant role played by the first language in the l earning of the second language. At times, the habits from the first language help the learning of the second language and make it easier because the contribution of the first language could have been strengthened the values found in the second language, this is called positive transfer. It is therefore true that the first language has a significant role in the learning of the second language. Second language learners may in some circumstances exhibit habitual avoidance of some constructions in the second language due to the differences exhibited therein from their first language (Beebe, 1998). From their first language, second language learners will tend to concentrate largely on discourse or grammatical forms that do not pose problems with their first language. Those that show a wide margin of difference will therefore be avoided in order to make it easy for acquisition of the second language, which is as per the learners. But avoidance of these constructions is in the long run att ributed to the interferences of the first language. Avoidance of the constructions that deem hard can affect the acquisition of the second language by the mere fact that the constructions that are avoided can cause major grammatical errors in the acquired language. These errors caused by transfer can seriously harm the acquisition of the second language.Advertising Looking for essay on linguistics? Let's see if we can help you! Get your first paper with 15% OFF Learn More In view of the cognitive approach to second language learning, the learners are thought to creatively use the knowledge that they already have from the first language so as to learn the second language on their own with minimal supervision. This is done by the learners coming up with patterns that are of their own making, making use of the underlying rules they borrow from the first language. After formulating the rules they then try to fit them in the second language, if they are not relevant they rectify them and if they are applicable then they will have achieved in the learning of the second language. The learners therefore will have learnt from their own mistakes because partly they hold an active role in the learning process. They will be in a position to learn on their own and acquire firsthand knowledge of the second language courtesy of the first language knowledge they will have had. Rules from their first language will have played a significant role in the general outcome of the second language learning. The learning processes of both the first language and the second language are always not the same, because the first language always comes first and in a natural setting, the second language comes later and in most cases in a more formal setting but if it occurs in a natural setting the mechanisms used in its learning are not always the same (Sharwood 1994). Whereas the acquisition of competence in the first language comes at relatively faster rate, those standards of the second language are relatively slow unless it happens in a relatively faster learner. More often than not, when a learner gets exposed to the second language at a relatively young age, and incase the first language is not in constant use, the first language stands a chance of being dropped along the way because new rules of the new language tend to overshadow those of the first language. But in case of comparison of both rules and applying them in the acquisition, then it is quite evident that both languages will have complemented each other (Sharwood, 1994). When looking at the linguistic word order in a language, more often than not the first language affects the second language (Gass Selinker, 1992). For instance in English, there is the ‘subject-verb-object’ agreement in word order in a grammatically correct sentence but for an English learner it may not be the case that his or her first language could be having this same word order. In acquiring English as the second language, the learner will find it convenient using the word order of the native language ignoring that of the second language (English). This is always the case when considering the theory of overgeneralization where the second language learner over generalizes, specifically the rules acquired from the first language. This can be considered as a type of simplification that aids the learner in understanding and acquiring the second language. The first language will have therefo re played a significant role in simplifying second language rules. Though this can be seen as interference from the first language, the end result is this will have aided in the understanding and acquisition of the second language by the learner. Learners of English as a second language, most significantly French learners will in a way change the rhythm in English because their first language, that is French allows. The distortion of the language is mainly caused by use of words that could not be having the meaning they intend to pass across, for instance the misplacement of the word ‘for’ with a word like ‘since’. An example in a sentence is, â€Å"I have been living here for the last four years and instead use â€Å"I have been living here since four years†. This is a case of syntactic borrowing from the first language into the acquisition of the second language (Gass Selinker, 1992) On the basis of the first language, it is easy to detect areas o f the study of the second language that will be of difficulty to the second language learner and those that will not be difficult (Ellis, 1994). The underlying factor is for the second language learner to understand the finer details of the language, so that a line is drawn between the first language and the second language (Gass Schachter, 1989). One needs to invent a mechanism that can help avoid the kind of confusion that can arise as a result of errors that arise through overgeneralization and transfer. It is evident that some errors realized in the acquisition of the second language are as a result of the first language influence. Therefore a line needs to be drawn between the rules of the second language and the native language. Accents are usually carried by the leaner from their fist language into the learning of the second language. In this case, a learner will always tend to pronounce sounds in the second language as if they were in their first language (Gass Selinker, 19 92). This can be seen in languages that share particular words even though the meaning and pronunciation could be different. This can be seen for example to be in existence among French and English languages. The learners of either of these two languages may find themselves carrying the accents of either of the languages into the other. This will happen if one language comes after the other as a second language. Therefore borrowing of accent from the first language can always be traced if the native speaker competence of the second language is not achieved (Gass Selinker, 1992). Thus, this leads to the passing judgment on the origins of an individual through this particular individual’s accents. In the field of second language acquisition, it is always the case that the learner of the second language achieves the status of being able to communicate with people outside his or her native boundaries of the native language. But at times the second language speaker may find it di fficult to get the right words with which to communicate with the speakers of the second language. This learner will find himself or herself using first language phrases in order to pass a point or rather to say what he or she intended to say (Gass Selinker, 1992). In most cases this is accompanied by signs and gestures which will aid the listener in understanding what the reader intends to say. This helps in the expression of oneself in the language that one is well equipped in but with accompaniment of body language, then he or she is well understood. For instance, when one finds it hard to use the word university in the acquired language and has got that word in his or her first language, then with aid of the first language together with facial and other extra linguistic devices, the whole meaning will have been arrived at. During encoding and decoding of messages, most second language learners find it easy encoding it and giving the messages their own interpretations in their f irst languages and thereafter find the suitable words to employ in the second language. This is so because before one gives a response, he or she needs to internalize the encoded message after which he or she needs to decode the message. Apparently before a response is given many processes do take place which in return contributes to the communication cycle to be complete (Gass Selinker, 1992). The second language in itself cannot be sufficient if the learner has not yet acquired all the vocabularies that aid good communication, before the learner acquires second language competence it is therefore always the case that the first language is helpful. In case the learner does not get the right vocabulary, then he or she can decode the message in the first language after which it can be given an interpretation that is required in the second language. The use of the first language, in as much as the initial studies posed as a hindrance to the acquisition of the second language serves a s a measure that bridges the gap left by lack of the right words in the second language, but it is this same first language that will serve as a ‘bank’ where borrowing of words takes place to aid encoding and decoding of information for easy communication. Some linguists view the first language as less important in the acquisition of the second language and that instead of being a positive factor in second language acquisition; the first language seems less important (Beebe, 1998). If just left aside, as a major factor that contributes positively to the acquisition of the second language, then an individual’s fist language will have been done harm, this will be seen as means of killing the first language after the acquisition of the second language (Gass Schachter, 1989). It is therefore wise to see the acquisition of these two languages as complex but equal processes that needs reinforcement in either way. The underlying factor in this case, at all levels and s tages of the acquisition of both first and second language acquisition, both of the two languages need each other. It should be noted that both the first and the second language complement and need each other (Beebe, 1998). Any language of the world plays the role of communication and expressing oneself so as to be understood and to understand other members of society. The acquisition of a second language in the natural environment of the first language can see the first language being used in making incorrect assumptions concerning the second language but that notwithstanding (Gass Schachter, 1989), it can be used in making the acquisition of the second language a lot easier. Both of these two languages need each other in a healthy way in order to strengthen each other, one way nit to make the first language distinct and secondly to make the second language helpful in aiding the first language speakers open up to the outside world of communication References Beebe, L.M. (1988). Is sues in Second Language Acquisition: Multiple Perspectives. New York. Newbury House Publishers. Ed. Dulay, H., Burt, M. Krashen, S. (1982). Errors. Language Two. Oxford: Oxford University Press. Ellis, R. (1985). Learner Strategies. Understanding Second Language Acquisition. Oxford: Oxford University Press. pp. 164-189 Ellis, R. (1994).The Study of Second Language Acquisition. Oxford. Oxford University. Gass, S. Schachter, J. (1989). Linguistic Perspectives on Second Language Acquisition. Cambridge University Press. Cambridge. Eds. Gass, S. Selinker, L. (1992). Language Transfer in Language Learning. New York, Routledge. Gass, S. Selinker, L. (2001). Second Language Acquisition: An introductory course. New York. Routledge. Sharwood S. (1994). A quick tour around, Second Language Learning: Theoretical Foundations. London: Longman. pp. 3-21.

Aspects of Contract and Negligence for Business

Aspects of Contract and Negligence for Business Requirements for the formation of a valid contract A contract can be defined as a lawfully binding agreement between two parties. It has consequences on either party. Therefore, as discussed below, a contract has to contain some basic elements that should be used to define it.Advertising We will write a custom report sample on Aspects of Contract and Negligence for Business specifically for you for only $16.05 $11/page Learn More An Offer There should be an offer by the first party to invite the second party into the contract for negotiations purposes. An ascent to the same by the second party will lead to the contract coming into being and becoming legally binding. An offer can be described as an expression of willingness to contract on certain terms (Jalil 2011, p. 110). The offer is usually made to the second party with an intention that it will become binding when accepted. When an offer is declined, it extinguishes the idea of the probable contract. The refore, one cannot be held to account for it. Acceptance The second element of a contract that is very important is the acceptance bit, which should be done within the terms of the contract. A party to the contract will be assumed to have understood the terms of the contract when he or she enters agreement consent to the same (Jalil 2011, p. 110). One is legally bound by a contract once he or she accepts it. He or she has the duty to make sure that he or she understands the terms of the contract before accepting it. Breach of contract after acceptance might lead to legal consequences. Legal purpose/ Objective There must be an intention for the two parties to create a legal relationship between them with the contract. An absence of legal intent will render the contract null and void because social agreements between parties or agreements of a domestic nature are not regarded as legally binding because they do not contemplate legal relations (Jalil 2011, p. 111) as in the case of Balf our vs. Balfour (1919). Mutuality of Obligation Mutuality of obligation can be described in other words as the meeting of minds. In fact, â€Å"parties in the contract must agree to the same thing in terms of the drawn contract, and at the same time† (Jalil 2011, p. 111). Mutuality of obligation can only be achieved when the contract is still on offer. Once the offer has been withdrawn, it cannot happen.Advertising Looking for report on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Lawful Consideration Lawful consideration is an element of the contract that represents either a benefit to the promisor or detriment to the promise (Jalil 2011, p. 112). It denotes the price offered in exchange for a promise, otherwise known as quid pro-quo. Competent Parties A contract can only be made between two legally competent parties (Jalil 2011, p. 112). Therefore, a contract can only be made between people of legal age and sound mind. How the law approach the issues of consideration, intention to create legal relations, and the capacity to contract According to the law, a contract becomes legally binding once the promisee accepts and signs it. The promisee is believed to have read the details of the contract, or is supposed to have read the details of the contract before appending a signature on the same (Jalil 2011, p. 110). In the above scenario, Al has advertised the goods he has on offer to potential buyers thus inviting them to contract. A negotiation occurs between the Al and Bash cars where an agreement is reached through the mode of communication adopted by the two. In this case, an agreement was ostensibly reached when Bash cars wrote back to Al to accept the offer thus providing a green light for Al to deliver the goods, which he did as per the contract. According to the law, several reasons can lead to a contract being voidable, with no party bearing liability. According to Jalil (2 011), under the issue of consideration in a contract, there is either a benefit to the party offering the contract or detriment to the second party concerning the contract (p. 115). In the above case, Al has done his duty to communicate to Bash cars about the final price he is offering. It is the duty of Bash cars to read the communication properly before accenting to it. Therefore, the mistake not to read the reply letter properly from Al is placed on Bash cars because their own negligence made them fail to see the price in the letter. The assumption that the price is 45 pounds is solely made by Bash cars and that they have no reason to back up their assumption. According to the contract law, an objective inference should be made when coming up with a contract in that, when a third party looks at the same contract, they should come up with a conclusion that the contract is meant to achieve (Jalil 2011, p. 113). The mistake in this case is unilateral. It cannot render the contract v oid.Advertising We will write a custom report sample on Aspects of Contract and Negligence for Business specifically for you for only $16.05 $11/page Learn More Therefore, Bash cars plc should be responsible for the fault and that it should bear the consequences as in the case of Storer v Manchester City Council (1974). The law provides for an intention to create legal relations by setting up conditions for the same. The two parties must be ready to enter a legally binding contract for it to become legal. The key problems associated with exclusion clauses and their incorporation into a contract Exclusion clauses in contracts are usually meant to exclude a certain party to the contract from certain events that might happen within the execution of the contract, which the party might be held liable for them in normal circumstances (Maharaj 2012, p. 636). Exclusion clauses are usually made by parties contracted to carry out certain services on behalf of clients . Such services usually have certain risks. It is therefore meant to protect the contractor from carrying the costs that might arise from the risk. Exclusion contracts are governed by the Unfair Contract Terms Act of 1977 and the Unfair Terms in Consumer Contracts Regulations Act of 1999 (Jalil 2011, p. 119). Exclusion clauses become valid as long as they meet several conditions. Firstly, they must have been properly included in the contract and that they do not contravene any law. Some key problems associated with exclusion clauses are evident. For instance, some exclusion clauses are vague. In many instances, exclusion clauses have been vaguely worded in that the reader of the clause might not tell exactly what the scope of the clause is all about. This step is usually accomplished by the drafter of the clause as a way of giving it a wide range in the case of liabilities (Maharaj 2011, p. 636). On the other hand, it confuses the client because he or she will not be in a good posit ion to tell what liabilities the contractor should carry and/or what the client should carry. Invisibility of the clause is yet another problem. Many exclusion clauses are not directly visible to the client taking the service. They are usually not noticeable in the wording of the contract. They can appear at the bottom of the contract, written in very small fonts, or be placed behind the document where many people might not bother to find out (Maharaj 2011, p. 636). Many contractors who might not want to jeopardise their chances of securing the work at hand therefore use this case as a secret weapon. It therefore needs a client to be very careful when reading and signing the contract.Advertising Looking for report on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More How the Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contract Regulations 1999 ensure that exclusion clauses are fair and reasonable.  The unfair Contract Act 1977 and the Unfair Terms in Consumer Contracting Regulations 1999 were put in place to regulate the creation, use, and interpretation of the exclusion clause with the sole purpose of protecting the consumer. The two Acts made it easy for judges to make interpretations of exclusion clauses by eliminating ambiguities in the wording as in the case of Houghton v. Trafalgar Inso Co Ltd. 1954. The Acts were meant to protect weaker parties in the contract because the consumers were in most cases disadvantaged by the clause (Maharaj 2011, p. 640). The fact that the clauses were part of the contract regardless of how they have been placed on the document meant that only the drafters of the clause and those who are keen enough would be aware of it thus catching many people unaware of their presence. The Acts regula ted the use of the clauses in that the drafters of the clauses had to meet certain conditions or otherwise the clause would become void (Maharaj 2011, p. 638). The clause in this case has to be introduced to clients’ attention before the signing of the contract, or has to be placed in a very visible place for customers to read before they enter an unwritten contract. The two Acts gave courts the power to nullify any exclusion clauses if they found them unreasonable. This provision usually happens when the terms of the exclusion clause are in conflict with other terms of the contract thus rendering the clause void concerning the repugnancy rule as evident in the case of Mendelson v. Normand 1970. Therefore, all repugnant cases are deemed unreasonable. They can therefore not stand as legal clauses. In the end, they are voidable by the law. Will Move It Ltd be able to rely on this exclusion clause? Move It will not be able to rely on this exclusion clause because it does not mee t the legal requirements for exclusion clauses as per the 1977 Act as well as the 1999 Act. In the first place, clients should be informed about the exclusion clause before they sign the contract so that they are fully aware of the contract they are signing (Maharaj 2011, p. 638). To this effect, Move It failed to notify Cool It of the clause. It can be assumed as well that Cool It was not aware of the clause while entering the contract. Thus, it cannot be held liable by the exclusion clause. Under the nature of the document test, the document does not qualify as a contract document because its original aim is different from the purpose it is being used on by inserting the exclusion clause. The document that the manager was given with the exclusion note was the consignment note, which cannot be deemed as the contract document for the particular work when objectively tested as revealed in the case of Chapleton v. Barry Urban District Council. On the other hand, the notice of the clau se must be made aware to customers before they enter the contract, and not after entering the contract (Maharaj 2011, p. 638). In this case, the clause is believed to have been entered after the entering of the contract because, even if the consignment note is decided to become the contract document, the clause should be on the face of the page where the customer signs. This exclusion clause by Move It is found behind the face of the document where the contract has been signed. A duty of care exists A duty of care in this case can be described as the necessary steps that should be taken in a place to prevent the occurrence of an accident. A duty of care comes in the form or rules, structures, and steps that have been put in place to prevent any probable accident from happening (Gray 2011, p. 68). A duty of care’s responsibility falls within the ambits of authority in charge of a particular facility that is being used by people. Thus, the authority has the duty of putting up m easures that would ensure the facility is running according to the law concerning safety measures. Was a Duty of Care was breached In proving that a duty of care was breached, claimants have to prove that they did not act negligently for the occurrence to happen. They also have to show that they were within the rules and regulations of the given facility during the happening of the accident thus blaming it on authorities owning the facility (Tan 2012, p. 93). In proving that a breach of care was breached, the claimant has to refer to what the law provides for in terms of how the facility should be managed, and what rules the facility has put in place to secure its clients from injury. The Damage is Both Direct and Foreseeable A claimant should be in a position to prove that the damage is both direct and foreseeable. In this case, an occurrence of a certain event should be linked directly as the cause to a damage that might have occurred by showing successive events that led to the o ccurrence (Burns 2011, p. 658). On the other hand, the damage can be deemed foreseeable if certain acts of negligence will lead to an accident. Thus, failure to take reasonable steps is what should be attributed to the accident as in the case of Hughes v. Lord Advocate 1963.  Under the rule of vicarious liability, employers are legally responsible for commissions and omissions of their employees, regardless of whether the employees were acting under instructions or on their own (Tan 2012, p. 93). Vicarious liability can also be referred to as an imputed negligence, since a liability can be assigned to an individual who did not cause a certain injury, but by virtue of the individual being related to the person who caused it in a given way. The employer under this case is burdened with the liability because it is assumed that the employee is the agent of the employer and that he or she was working in the interests of the employer when the accident happened. Tan (2012) states that vi carious liability goes beyond employer-employee relations. It can also be applied in the case of a car accident when the liability is put on the owner of the car even if the proprietor of the car was not in it when the accident occurred (p. 94). In deciding whether the blame should be shifted from the employee to the employer, the court has to establish the following facts. The court has to establish whether a tort has been committed. In doing this, court will be establishing grounds for the case because the establishment of the tort will be the basis for the case (Gray 2011, p. 69). Secondly, the court has to establish if the cause of the tort is due to the employee because only when the mistake is attributed to the employee is when the tort can qualify for a vicarious negligent consideration. Thirdly, the court has to determine if the tort was caused by the employee in the act of employment and specifically during his or her scope of work. An employee’s mistake away from du ty cannot be laid on to the employer. How the legal relationship between the parties in tort differs from the relationship in contract law The difference in parties in a tort law and those in a contract law is not usually very distinct although the two laws have different tenets. In a tort law, it focuses on the foreseeable ability of an event happening (Burns 2011, p. 658). In this case, one party should have been in a position to foresee the event happening. Thus, he or she should have taken an action to stop it from happening. Failure to do this can be described as negligence to which the negligent party is liable to pay an amount as determined by the court. The legal relationship between two parties under a tort law comes into existence after an event that leads to some form of damage occurs (Burns 2011, p. 658). The court then has to determine if it is a tort or not before the damage can be computed or not. On the other hand, a contract is entered between parties once the value of the goods or services has been determined. A contract legally binds two parties once they have signed it. It is meant to secure the party’s interests in case there are losses coming out of breach of the contract (Jalil 2011, p. 110). Whereas a contract is binding only to the parties signing it, a tort can become binding to parties who are not directly related to it, but who can be held responsible under the law. The tort law is legally hinged on negligence on one party, which leads to the damage of another party while the contract law is hinged on the failure of a party to the contract to meet their obligation.  Applying the rules on both negligence and vicarious liability to consider whether Sheila and Karen would be able to claim for the injury and damage. Under the rules of negligence and vicarious liability, employers are held liable for the negligent acts of their employees as long as the acts happen in the employees’ cause of duty (Tan 2012, p. 96). In the first case, Manjit is regarded as an employee of Hurryhaste and hence an agent for Hurryhaste. He is therefore covered by the vicarious liability rule. Though Manjit is a casual worker with the company, it does not disqualify him from being regarded as an employee by the company. Therefore, he is regarded as one. The accident occurred during Manjit’s cause of duty hence perfectly fitting in the vicarious liability bracket. On the other hand, Karen has no contributory fault to the accident because she had parked her car properly. During Manjit’s negligent driving, her car was hit. Karen therefore qualifies for compensation from Hurryhaste who is the employer of Manjit in this case. Hurryhaste should pay Karen. If it so wishes, it can surcharge Manjit for his negligent acts. On the other hand, Dave was within his employment duties when he hit Sheila’s car because the accident happened when he was coming from making a delivery. To this extent, he had to make his wa y back from the point of delivery. He is thus deemed to be within his duties. The basis of vicarious liability is simply to shift the liability of an employee to the employer. In this case, the liability shifts from Dave to Hurryhaste (Tan 2012, p. 96). Although Dave is seen to have breached certain rules with regard to using the vehicle improperly, it does not take away Sheila’s right to be compensated by Hurryhaste because her fault did not lead to the accident. Although Sheila did not have her seat belt on when the accident occurred, the blame for the accident does not fall on her. At the same time, it is not the purpose of vicarious liability to prove that she was not having her belt on at the time of the accident. In the case of Dave, as the statement goes, he has been highlighted as having been the one on the wrong. One element of the tort law is to establish if there was negligence on the part of an individual party in a case and the predictability of the same (Gray 20 11 p. 70). In the case of Dave, he was aware of traffic rules, which are to guide him in his driving. However, due to his negligence, he failed to observe traffic rules thus leading to the accident. The law is meant to prove that the person lacked reasonable care hence leading to a likelihood that the person’s negligent acts would lead to harm (Burns 2011, p. 665). Therefore, according to the rules of negligence and vicarious liability, Sheila and Karen should claim for injury and damage because, were it not have been for the carelessness of Dave and Manjit, the accident would not have happened. Their failure to observe rules and caution while driving was the sole reason for the accident’s happening. If Dave’s daughter had been injured in the accident, chances are that the law on vicarious liability would still have applied because the van was not supposed to carry unauthorised passengers under traffic law. Dave’s daughter was one. Therefore, Dave’ s daughter as an individual party could claim for damages because Hurryhaste’s agent would have injured her due to negligence (Tan 2012, p. 96). This case though would become complicated because Dave would be required by the company to reimburse it the expenses. On the other hand, the argument that might arise about Manjit’s employment status might be if a casual employee is regarded by the terms of the vicarious liability. By virtue of Manjit being a casual employee, it qualifies him to become an agent for Hurryhaste because he does duties on its behalf (Gray 2011, p. 69). Vicarious liability does not define an employee’s status, but simply addresses any person working as an agent for the employer. Negligence on the part of an agent is what leads to a tort. The claimant does not have the duty to find out the employment status of the offender before he or she can lay claim for damages that have occurred. On the other hand, breach of working rules does not affect the claimant’s pursuit of compensation because it is not within his or her jurisdiction to determine whether the offenders were following rules when they caused the accidents. Therefore, Sheila and Karen are legally in order to claim compensation for both injury and damage from Hurryhusttle. References Burns, J 2011, ‘Respondeat Superior as an Affirmative Defence: How Employers Immunise themselves from direct Negligence Claims’, Mitchigan Law Review, vol. 109 no. 4, pp. 657-681. Gray, A 2011, ‘Why Vicarious Liability Must be Abandoned’, Australian Business Law Review, vol. 39 no. 2, pp. 67-84. Jalil, M 2011, ‘Clarification of Rules of Acceptance in Making Business Contracts’, Journal of Politics Law, vol. 4 no. 1, pp. 109-122. Maharaj, K 2012, ‘Limits on the Operation of Exclusion Clauses’, Alberta Law Review, vol. 49 no. 3, pp. 635-654. Tan, C 2012, ‘Authority, Vicarious Liability and Misrepresentation’, Sing apore Journal of Legal Studies, vol. 1 no. 1, pp. 92-111.

The Different Aspects of Reality Essay Example | Topics and Well Written Essays - 1000 words

The Different Aspects of Reality - Essay Example Obviously, this is all fantasy as a falling star cannot be caught, and mandrake roots and mermaids are purely mythological. This fantastic imagery helps to reveal the imaginary and impossible theme of Donne’s poem. Nevertheless, such impossibility teaches the reader to be realistic and to realize that there is no perfect lover in the world. Although it is the fantasy that masks John Donne’s realism in â€Å"Song,† Frederick Nims’ â€Å"Love Poem† is downright honest in saying that perfect love does not exist and that if one loves another then one has to embrace all of his or her lover’s shortcomings. Nims uses the imagery of an unskilled and disorganized woman in revealing the reality of imperfections in relationships. In the first stanza, Nims describes his lover as his â€Å"†¦clumsiest dear, whose hands shipwreck vases† and someone â€Å"at whose quick touch all glasses chip and ring† (Nims 366). Such a woman, as depicte d by the imagery, is always making mistakes. She is also known as an â€Å"unpredictable dear, the taxi driver’s error† as well as a â€Å"Misfit in any space/ And never on time† (366). She is, therefore, lacks finesse and punctuality. Nevertheless, although she is â€Å"Forgetting [her] coffee spreading on [their] flannel,† the poet and she are â€Å"so gaily in love’s unbreakable heaven† (366). This means that no matter how careless and imperfect she is, the point is that they love each other so much. Love, therefore, can bloom despite the imperfection, and this is real love. One should, therefore, love his or her lover despite all his or her shortcomings. The imagery in the final stanza reveals a rather exaggerated form of acceptance of one’s lover: â€Å"Smash glasses/ I will study wry music for your sake† (366). This means that no matter how clumsy the lover is, as long as there is love, there is a necessity to wholehearte dly embrace all his or her imperfections. The exaggerated imagery of the last two lines then ultimately reveals that one’s happiness even depends on such an imperfection: â€Å"For should, your hands drop white and empty/ All the toys of the world would break† (366). This simply means one thing – without such lover’s hands, no matter how imperfect the labor that they produce is, nothing would be done at all, or without such an imperfect lover, there would be no happiness at all for the person who loves him or her. Although happiness is derived from imperfect reality, sometimes such reality is boring and one needs to make himself happy from his daydreams.