Employment and Law of Tort Essay Example | Topics and Well Written Essays - 750 words

Employment and Law of Tort - Essay Example The law provides for anyone who has been wrong to seek redress on the grounds that have resulted into the loss (Klar, 99). Those individuals who have suffered losses due to tortuous injury are entitled to monetary compensation. In this case, the extent of legal injuries is not limited to those of physical but to the extent, that it covers the emotional, reputational, and economic. Of all the liabilities related to tort, negligence takes the lead (Cane, 67). Negligence is when one is fails to observe the duty of care at work place resulting into one of the injuries mentioned above. In such a situation when one knows or is expected to know what should be done and deliberately or not fails to do as expected thus resulting into a loss, he/she is held liable for the losses (Larouche, Pierre, Jeremy , and Walter, 132). Tort is thus categorized into many ways as Quasi-torts, the intentional tort, and the negligence tort (Cooke, 112). This category implies that in any event of tort, the liab ility will be classified into any of the sub categories of tort. In this case, study, the different cases in the Mavis enterprise is are considered and appropriate legal decision is given to him so that he can seek redress where applicable. The following are legal position of the cases in relation to tort. Case 1 It is important for Mavis to understand the stipulations of the contract between her and the employer. This will enable her to determine whether the employee’s action warrants termination of the job or not. It is also important to classify the type of tort involved and to determine whether it has resulted into any financial loss or not (Geistfeld, 78). Following the situation given in the case, Nell has only been sleeping in the store during low season in which the customers are known to be reasonably scarce (Deakin, and Angus, 88). Though the customers may be scarce during sometimes in the year, it does not imply that the employees should deviate from the normal dut ies of the work place. The decision to terminate Nell’s engagement in the cafe verbally is not legally recognized. Nell’s conduct can be classified as Negligence in consideration of tort law. Within the negligence, it is further classified as dereliction and breach of duty. Once Nell accepted to sign a contract with her employer, Mavis, she ought to have observed the duty of care to ensure that all the duties are done immediately and that no one goes without service. This position does not consider the extent of customer availability (Edwards, Linda, Stanley, and Patricia, 154). Even in the law season, one cannot tell when customers can come and when they are not. It was therefore the responsibility of Nell to keep vigil all the time as a manifestation of the duty of care. Mavis should explore filling a suit under the tort law regarding negligence and Nell would be made to pay in monetary the amount Mavis would have lost due to her negligence. Case 2 The Case of Olga a nd peter is also considered under the tort law, Olga had prior knowledge that the pulling the chair intentionally can/will cause injury to peter and went ahead to pull it. This is considered under intentional torts (Elliott, Catherine, and Frances, 201). Mavis the employer should thus consider filing a suit against Olga to foot the bills for that will be accrued during the treatment of Peter and any other inconveniences rendered. Without Olga’s action of pulling he chair, Peter would have not sustained a waist injury. Olga should thus be made to make the payment for any cost in terms of medication and hospitalization of Peter since all the problems emanates from her. Since Olga’s conduct is considered tortuous, the best legal action to be taken in this regard is filing

Walden - A Treatise on Transcendentalism Example | Topics and Well Written Essays - 500 words

Walden - A Treatise on Transcendentalism - Term Paper Example Living with a meagre amount of income, he built a home and enjoyed the most rustic freedom available to mankind. Moreover, Thoreau alleged in the tome that over-dependence on literature was never an effective conduit towards transcendence or the ideal conception of one’s spiritual condition against the lure of worldly facets or sensual perceptions; spiritual success can be attained through individual intuition or experience. The magnificent natural surroundings endowed to us by Mother Nature is goading us to live simply and to concentrate on the elemental sounds of nature such as the rustling hum of the leaves, the chirping of migratory birds, the ringing of the chapel’s bells, the jangling and muffling of wagons, the farm animals moaning, and the tiny creatures flirting. The last chapter of the book condemned the American preoccupation with success and excessive affluence that were vestigial to their pursuit of happiness. Thoreau compassionately encouraged humanity to alter their lives for the wellness of the spirit and not for the mounting of wealth and material possessions. He epitomized these pieces of advice by means of passages interspersed in the book such as â€Å"sell your clothes and keep your thoughts,† and â€Å"say what you have to say, not what you ought.† Furthermore, Thoreau denounced conformity because this administrative demand hinders the genuine journey of humanity towards happiness and contentment; individuals, as he accepted, should follow what their hearts and minds utter because only though self-discretion will a person obtain a blissful subsistence. The masterpiece of Thoreau generally criticizes the debilitating fixation of the Western culture towards consumerism and materialism which in the long run will spawn the obliteration of nature. The venture of Thoreau towards simplicity has three objectives; primarily, the endeavour was performed to elude the global weakening effect of the Industrial Revolution.