The Tennessee Code Annotated Bibliography - 1250 Words

The issue in this case is whether under Tennessee Code Annotated  § 44-8-413, our client, Kevin Gates, can be held responsible for his neighbor’s dog bite injuries, depending on his knowledge of the potentially â€Å"dangerous propensities† of his three dogs. The Tennessee Code Annotated discusses civil liability to an injury caused by dogs in  § 44-8-413. This statute begins with defining a dog owner’s duty by claiming that â€Å"the owner of a dog has a duty to keep that dog under reasonable control at all times, and to keep that dog from running at large.† Tenn. Code Ann.  § 44-8-413(a)(1) (2007 Supp. 2016). An owner is a person that at the time the incident occurs, is responsible and has authority over the dog. Id.  § 44-8-413(e)(1). Running at†¦show more content†¦App. LEXIS 955, at *10 (citing 4 Am. Jur. 2d Animals  § 69 (2015)). If the owner is not aware and does not have any reason to know that his dog has any dangerous propensities, then the owner will likely not be liable for the first mischief that occurs. Hood v. Waldrum, 434 S.W.2d 94, 99 (Tenn. Ct. App. 1968). For example, in Moore v. Gaut, James Moore, the complainant had to prove that Michael Gaut, the owner of the dog involved, knew or shou ld have known that his dog had dangerous propensities, making him liable for the dog bite injury. The evidence provided to the court never showed any record that the dog had ever engaged in behavior that could have been viewed as dangerous behavior. Moore, 2015 Tenn. App. LEXIS 955, at *5. The Court of Appeals agreed with the trial court that Gaut negated the third element for dog bite liability when he testified that â€Å"his dog never bit or attacked anyone before Plaintiff.† Id. at *13. Gaut genuinely believed his dog was â€Å"friendly, gentle, and jovial before the bite occurred.† Id. at *14. Since Gaut was unaware of any dangerous propensities, he was found not liable for the dog bite to Moore. Id. at *15. Despite Mr. Gates’ outward dislike towards his three dogs, it is likely that he will not be held responsible for the dog bite injury his neighbor suffered because he did not have any knowledge, nor had any reason to know of his dogs having any dangerous propensities. In this case, the injured neighbor wants GatesShow MoreRelatedPersonal Responsibility Rough Draft1736 Words   |  7 Pages The Weight of too Much Responsibility The amount of responsibility taken on can lead a person downfall if not carefully overseen. Difficulties can arise from taking on to many tasks at one time. In a study conducted by a University of Tennessee professor and two doctoral students (Williams, Carroll, amp; Hautau, 2005), it is shown how high achieving students (90% and above), whom easily complete their work on their own. These students in time show the effects of working not only for themselvesRead MoreEssay on The Role of Women in Sir Gawain and the Green Knight5387 Words   |  22 Pageswith a woman, and not subject to the feudal loyalty system. It is further suggested that this relationship has eclipsed other relationships within the code of chivalry. And, unlike the other contests, established by men, where the rules are clearly defined, the Ladys game is ambiguous. We can see this as the seduction progresses; Gawains moral code cannot stand strongly enough in this arena. It seems as if this is what the Gawain poet intended to suggest when he positioned the bedroom scenesRead MoreSlave Religion Research Paper3126 Words   |  13 Pagesenacted laws that restrained the religious exercise of enslaves African-Americans. Several state legislatures passed laws restricting African-American--both slaves and freed—from preaching. For example, until 1863, Georgia legislature enforced a legal code which prohibited â€Å"any church, society, or other body or any persons to grant any license or other authority to any slave or free person of color, to preach, or exhort, or otherwise officiate in church matters†. In 1832, North Carolina passed a similarRead MoreLibrary Management204752 Words   |  820 PagesProfessional . . . . . . . . . . . . . . 351 Problematic Ethical Situations . . . . . . . . . . . . . . . . . . 353 Tools for Ethical Decision Making . . . . . . . . . . . . . . . . 355 Normative Ethical Frameworks . . . . . . . . . . . . . . . . . . 355 Codes of Ethics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 357 Other Frameworks for Ethical Decision Making . . . . . 357 Ethics Training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 359 Guidelines for Mangers to Promote Ethical

Evolutionary Psychology - Evolution Definition

Evolutionary psychology is a relatively new scientific discipline that looks at how human nature has evolved over time as a series of built up psychological adaptations. Many evolutionary biologists and other scientists are still reluctant to recognize evolutionary psychology as a valid science. Much like Charles Darwins ideas about natural selection, evolutionary psychology focuses on how favorable adaptations of human nature are selected for over less favorable adaptations. In the scope of psychology, these adaptations could be in the form of emotions or problem-solving skills. Evolutionary psychology is related to both macroevolution in the sense that it looks at how the human species, especially the brain, has changed over time, and it is also rooted in the ideas attributed to microevolution. These microevolutionary topics include changes at the gene level of DNA. Attempting to link the discipline of psychology to the theory of evolution via biological evolution is the aim of evolutionary psychology. In particular, evolutionary psychologists study how the human brain has evolved. The different regions of the brain control different parts of human nature and the physiology of the body. Evolutionary psychologists believe that the brain evolved in response to solving very specific problems. The Six Core Principles of Evolutionary Psychology The discipline of Evolutionary Psychology was founded on six core principles that combine a traditional understanding of psychology along with evolutionary biology ideas of how the brain functions. These principles are as follows:​​ The human brains purpose is to process information, and in doing so, it produces responses to both external and internal stimuli.The human brain adapted and has undergone both natural and sexual selection.The parts of the human brain are specialized to solve problems that occurred over evolutionary time.Modern humans have brains that evolved after problems recurred time and time again over long periods of time.Most of the human brains functions are done unconsciously. Even problems that seem easy to solve take very intricate neural responses at an unconscious level.Many very specialized mechanisms make up the whole of human psychology. All of these mechanisms together create human nature. Areas of Evolutionary Psychology Research The theory of evolution lends itself to several areas where psychological adaptations must occur in order for species to develop. The first is basic survival skills like consciousness, responding to stimuli, learning, and motivation. Emotions and personality also fall into this category, although their evolution is much more complex than basic instinctual survival skills. The use of language is also linked as a survival skill on the evolutionary scale within psychology. Another major area of evolutionary psychology research is the propagation of the species or mating. Based on observations of other species in their natural environments, the evolutionary psychology of human mating tends to lean toward the idea that females are more selective in their partners than males. Since males are instinctively wired spread their seed to any available female, the male human brain has evolved to be less selective than that of the female. The last major area of evolutionary psychology research centers on human interaction with other humans. This large research area includes research into parenting, interactions within families and relations, interactions with people that are not related and the combination of similar ideas to establish a culture. Emotions and language greatly influence these interactions, as does geography. Interactions occur more frequently among people living in the same area, which eventually leads to the creation of a specific culture that evolves based on immigration and emigration in the area.

The True Meaning Of Reading Is Not A Disinterested...

For many years authorial intention was recognised as the only true meaning of a text. A philosopher in the twentieth century, Edmund Hursell, recognised the power of consciousness and the phenomenal reality of an appearance which defers questions about an ultimate end. Phenomenology notes an objects existence, but achieves meaning and finds reality through an active conscious and awareness which registers the object, suspending all presuppositions, inferences, or judgements. A text, when criticised phenomenologically, is seen in aesthetic and affective aspects, existing only in the reader. Scholar Stanley Fish extended these ideas into what is now called Reader-Response Criticism, or R-RC discussing the influence the reader has on the interpretation, making â€Å"reading an active activity† (Cowgill 5). This essay will discuss the idea that reading is not a disinterested activity by applying new critic ideals to enforce upon the notion that meaning is drawn from the readers o wn interpretations, shaped by their active engagement with the text.. More recently, in 2003, Lisa Zunshine further developed the importance of the reader in textual meaning by drawing from cognitive psychology in her article ‘Theory of the Mind’. Zunshine suggests that such an activity is the basis for the very existence of the novel as we know it; the reason we read fiction is because it exercises our mind-reading ability (Polvinen). Readers become active participants in the creation of the work throughShow MoreRelatedExistentialism vs Essentialism23287 Words   |  94 Pagesapproach, that emphasizes the existence of the individual person as a free amp; responsible agent, determining their own development through acts of the will. Existentialism * is a philosophical term which posits that individuals create the meaning and essence of their lives. Existentialism asserts that â€Å"existence precedes essence,† which is in opposition to the classical doctrine that â€Å"essence precedes existence.† The claim â€Å"existence precedes essence† is a rejection of the idea that humanRead MoreNational Security Outline Essay40741 Words   |  163 Pagesï » ¿TABLE OF CONTENTS FOR NSL READING CHAPTER 1: National Security Law and the Role of Tipson 1 CHAPTER 2: Theoretical approaches to national security world order 4 CHAPTER 3: Development of the International Law of Conflict Management 5 CHAPTER 4: The Use of Force in International Relations: Norms Concerning the Initiation of Coercion (JNM) 7 CHAPTER 5: Institutional Modes of Conflict Management 17 The United Nations System 17 Proposals for Strengthening Management Institutional ModesRead MoreBrand Building Blocks96400 Words   |  386 Pagesall industries from computers to cars to frozen dinners to airlines to soft drinks, price competition is at center stage, driven by the power of strong retailers, value-sensitive customers, reduced category growth, and overcapacity (often caused by new entrants and by old competitors hanging on, sometimes via bankruptcy). Retailers have become stronger year by year, and they have used that strength to put pressure on prices. Whereas a decade ago, the manufacturer largely controlled information, retailersRead MoreCrossing the Chasm76808 Words   |  308 Pagescompanies that served as examples in the original edition of Crossing the Chasm. Reading through its index brings to mind the medieval lament, â€Å"Where are the snows of yesteryear?† Where indeed are Aldus, Apollo, Ashton-Tate, Ask, Burroughs, Businessland, and the Byte Shop? Where are Wang, Weitek, and Zilog? â€Å"Oh lost and by the wind-grieved ghosts, come back again!† But we should not despair. In high tech, the good news is that, although we lose our companies with alarming frequency, we keep the

Innovation Efficiency - and Section

Question: Discuss about the Innovation Efficiency, and Section. Answer: Introduction: The Australian Engineering firm which is of great interest to me is that of AECOM Australia Pty Ltd. This is an engineering firm that was previously known as AECOM Technology Corporation (Beaton-Wells and Tomasic 2012). Among the top Australian Engineering companies, it is regarded as multinational company that offer provisions in of design, construction, consultation and management of services to a good number of clients across the globe. Three strategies adopted by the company in question towards regulatory compliance with respect to the competition provisions in the Competition and Consumer Act 2010 The competition provisions in the Competition and consumer Act of 2010 is mainly concerned with matters of market relation. It mentions the relationship that exists between key players in the business domain (Colloff et al 2016). The key players covered in this Act in question includes; retailers, suppliers and consumers. Its main purpose is to enhance the welfare of Australians citizens by ensuring the promotion of fair trading as well as competition through the provision of consumer protection. On the same note, there are a number of strategies that have been adopted by AECOM Australia Pty Ltd towards compliance of the subject provision (Dagen 2010). These strategies are mainly meant to ensure peaceful co- existence and promotion of the welfare of Australian citizens. These strategies include the following; proper pricing, best framework management and reporting and finally developing a more highly skilled workforce. The strategies in question are documented in the companies policies mainly for purposes of ensuring check in the framework of its operations. Discussion and provision of examples on how the strategies in question promote competition in Australia by prohibiting anticompetitive conduct The first strategy that has been mentioned in the previous paragraph in line with the context is on proper pricing. Proper pricing is one of the greatest strategies that have been adopted by AECOM Australia Propriety Limited to ensure balance in the competitive market (Dellavedova and Gilsenan 2009). The prices of services offered by this company are not over estimated or under estimated. This has ensured compliance with the competition provisions Competition and Consumer Act of 2010 that closely monitors the market environment. The second strategy is on best framework management. Every company across the globe must have its operations under certain framework. The framework can either promote fair competition or it can lead to anti- competitive practices. AECOM has therefore adopted a framework that ensures that competition is not ignored but taken care of on a competitive basis. The frame work ensures that the company has fully complied with the provisions of the competitive Acts in context and leaves both government and the consumer at peace, and even other competitors in the business world. Finally, the last strategy is on the development of highly skilled work force. In order for the company to compete well without engaging in any anti- competitive role, it is vital for it to have highly skilled workforce. This is a major step that the company has taken, and the current estimate done with regards to its skilled personnel is at 95,000 skilled employees. The mentioned skilled workforce has ensured that they have offered best deliveries in terms of services and their competition rank has also gone up thereby owning ranking amongst the top engineering companies in Australia. Recommendations that I would make to improve management of AECOM Australia Propriety Limited Company with regards to both competition law compliance and legal principles in chapter 6 of Tony Ciro, Vivien Goldwasser and Reeta Verma The concept of competition law compliance just as mentioned previously is covered in the competition provisions of in the Competition and Consumer Act of 2010 (Flint 2005). On the other hand, the concept of legal principles in chapter 6 of Tony Ciro, Vivien Goldwasser and Reeta Verma, the edition being 4th, Oxford Press Australia, Melbourne and finally the year being 2014 is mainly concerned with the concept of both law and business. The chapter provides clear and very comprehensive grounding in all phases of business law. The chapter also touches on core topics of business law with accessible explanations of a number of key legal principles. With the explanation discussed withstanding, there are a number of recommendations that I would make to improve the management activities of the company in question (Formella 2001). These recommendations include the following; introducing policies that ensures the safety of company products as well as their labeling. This is one of the recommendations that will ensure that will ensure that, compliance with competition law because all the products are well labeled and original (Haines and Gurney 2006). The other recommendation in line with the subject would be on acquisition of various market promotional services that are in line with the question requirement. This will ensure that both the concept in of the individuals in question with regards to law and business and the provisions of law compliance are taken care of. It will also ensure that most of the company operations are not infringing the competitive domain but rather promoting fair competition (Hatton et al 2011). Since the company deals in matters that are design related, construction, consultation and finally management services, it will ensure that most of its market promotional activities are aimed at increasing its overall output in every financial year. I would also consider the recommendation on the adoption of an information system that will ensure that business and law are given keen consideration and compliance with competition provisions are considered. The main information system that I would recommend is that of decision making system, it will allow the company to bring on board a number of considerations prior to making any decision (Helman 2009). It will also allow the company to give keen considerations to the guiding rules and principles of the subject concept that is of the three individuals in concept Oxford Press, 4th Edition, Melbourne University 2014.This will help the company cultivate an environment that is considered fair especially in the business world. The end result of the recommendation is to see the company at the top of other companies based on merit. This question is about a world limited by the name Bungee World Ltd (BW) which is located at a place known as Byron Bay, New South of Wales (Johnstone and Sarre 2004). It is mentioned that it owns the top highest jumping platform in the world named sea monster. The platform is mainly made of steel and its construction is made over some cliffs that directly overlook the bay. Courtesy of this, a number of people have been attracted and they have to pay a sum amount of $ 50 and also ascent to a form prior to jumping from the platform. The form is outlined to be very detailed but there is a particular sentence that is of great importance since it separates the participant and Bungee World Limited in case of any consequences. The sentence is quoted to mention that the participant agrees that he or she will not at any point hold Bungee World Ltd or its agent responsible for either death or injury whatsoever or however that may arise as a result of jumping from the sea monster. An individual by the name Loki is mentioned as an investment banker who decides to go and jump on the sea monster like other people usually do and therefore follows all the due procedures. He then receives instructions from one Kate who is one of the instructor professionals in Bungee; Loki gets ready after doing the necessary and jumps unfortunately the steel platform that is attached to the safety rope breaks loose from the main platform. As a result Loki plunges into the sea, though not physical injury is experienced by him, he claims to have suffered nervous shock due to the incident and therefore plans the commencement of a negligence actions against Bungee World Ltd. A memorandum to the Board of Directors of BW on whether there are grounds for a successful negligence action against BW and consequences to BW. On the grounds that the legal definition of negligence is the conduct that falls below the rank of the behavior or character established by law for protection of other individuals against unreasonable risk of harm, on the same perspective, the statutory concerns requires that a person who acts negligently under the mentioned terms is liable for provision consequences on the basal ground. It is therefore with this confident that I affirm to the board of directors that in deed there are successful grounds of negligence action against BW and therefore consequences should be in hand. According to the provisions of chapter 16 of the Australian constitution, the same has been supported under tort and negligence related cases. The negligence of BW is on the fact that they dont do regular check up to the whole system of the cliff and the platform. If incase they were doing this, they would have noted the corrosion that was in the area o attachment of the steal platform and the safety rope. It is because of this that the steel structure broke making Loki to plunge into the sea and suffering nervous shock (Karpouzoglou, Dewulf and Clark 2016). Recommendations on how to resolve the potentially damaging public relation problem with regards to Bungee World Ltd The first recommendation is for Bungee World Ltd to ensure regular check up on their system and make necessary repairs. The other recommendation is for the subject Ltd to develop policies that are not only aimed at their interest but those that will offer safety to even their customers. If this is done, there will be increased rapport between them and the public. Not like in this case where there is a form which has to be scented upon and the main aim of the form is for BW not to be held culpable for any misfortune (Matthews 2005). Another recommendation would be for the board of directors to come employ very skilled employees who work at different stages, from undertaking the role of giving instructions to the time a participant is on the platform and even coming up with ways on how to take care cases that may arise if an accident is to occur when one is jumping on the cliff. This will keep note of legal and statutory issues and will keep the subject of discussion out of problems that may be on grounds of negligence and other related grounds (Scholz 2007). On the same view, the law is very clear, and the legal concerns and statutes also clearly outlines key areas that needs to be looked upon in order to safeguard instances that may arise from negligence. Making an ascent to a form is not the end of protection cover as Bungee World could have perceived it. It would be better if the ascent is made on the grounds on security cover rather than what has been vividly observed in question three of this particular task. Meaning of National Standards and who they apply to National standards are the employment entitlements that are a required to be provided to the employees. These entitlements must be in line with the goodness of the employees well being in order for them to work effectively. In most cases, the standards in question usually includes the following; maximum weekly working hours, arrangements on working hours that are flexible, considering the aspect of annual leaves, giving long service leave before resuming for work, the acknowledgement of a working system that is fair, giving leave on holidays that are considered public, in case of termination and redundancy pay, a notice is considered and also offering parental leave among other entitlements. It is clear that the second part of the question has already been answered as well because the mentioned national standards have greatly touched on employees related cases (Siebentritt, Halsey and Stafford-Smith 2014). It is thus clear that national standards mainly apply to two parties of which one has already been mention that is the employees (Ravenell 2008). The other party that it must also apply to is the employer; this is pegged to the reason that the fulfillment of these standards the two has to be brought into the picture. What I would do to ensure that my company does not contravene these standards if I was the head of Human Resource in Australian Engineering Company The main thing that I would do, is to draft down all the standards and incorporate them among the companys policies and framework. This would ensure easy adoption of them and familiarization and they become part and parcel of the company. What should also be noted is that the welfare of employees is a very key area that must be considered well just as provided in the national standards. This question is about one Rebecca who is considered elderly and lives by herself in a place called Brisbane. It is mentioned that over the recent past she migrated from Italy. One day she receives a random call from Dave who is a representative a plumbing company who made an offer to do plumbing check to her home. She agreed to it and on the next day, the check was done and Dave confirmed her plumbing as being in good shape. On the same note, Dave came up with a new suggestion of Ono water filter that was going to be more beneficial due to its latest reverse osmosis technology. Due to intense persuasion by Dave, Rebecca agreed to purchase the Ono water filter which was being sold at $ 2000 including installment. Rebecca then proceeded to sign a contract of purchasing the water filter in context. The concern of this piece is that, Rebecca was not prepared to buy to the Ono water Filter but bought it due to persuasion. Advice to of Rebecca of her rights and remedies under the unconscionable conduct provisions including section 21 in the Australian Consumer Law Unconscionable conduct as provided in the subject provision mainly deals with transactions that are carried out between dominant and parties who are weaker. It therefore revolves around duress and the influence that is considered undue. The first advice that I would offer to Rebecca is that, based on the section 21 on unconscionable conduct is that she has got the right of maintaining her stand whatsoever the case. Therefore, the conduct of Dave is supposed to be considered against the law and should be treated with contempt. Rebecca has got the right of going to court and challenging the transaction that occurred between her and Dave. On the same aspect, she is suppose to mention that, the Ono water Filter that was sold to her is of no use however efficient it is. The second part of this advice therefore takes the part of remedy with regards to the question (Gupta 2014). The final advice that I would also add to Rebecca is to consider laying priority in future where it is due (Zoeteman 2013). Like in this case, she bought the Ono water filter yet it was least of her priority. Her plumbing was confirmed as being in good condition she could still utilize them well. References Beaton-Wells, C. and Tomasic, K., 2012. Private enforcement of competition law: Time for an Australian debate. UNSWLJ, 35, p.648. Colloff, M.J., Lavorel, S., Wise, R.M., Dunlop, M., Overton, I.C. and Williams, K.J., 2016. Adaptation services of floodplains and wetlands under transformational climate change. Ecological Applications, 26(4), pp.1003-1017. Dagen, R., 2010. Rambus, Innovation Efficiency, and Section 5 of the FTC Act. BUL Rev., 90, p.1479. Dellavedova, B. and Gilsenan, R., Challenges in Cartel Class Actions(2009). University of New South Wales Law Journal, 32, p.1001. Gupta, A., 2014. The New Nexus. Flint, I.2005, Regent Decision. Formella, J.A., 2001. Torts-Liability of a Business Visitor for Negligence. Marquette Law Review, 34(4), p.289. Gorddard, R., Colloff, M.J., Wise, R.M., Ware, D. and Dunlop, M., 2016. Values, rules and knowledge: adaptation as change in the decision context. Environmental Science Policy, 57, pp.60-69. Haines, F. and Gurney, D., Section 1 2006: Regulatory conflict and regulatory compliance: the problems and possibilities in generic models of regulation. Regulation: Enforcement and Compliance, p.10. Hatton MacDonald, D., Bark, R., Garrick, D., Banerjee, O., Connor, J. and Morrison, M., 2011. Multiple benefits through the life cycle of the basin plan. Helman, P., 2009. Droughts in the Murray Darling Basin Since European Settlement. Griffith University: Southport, Queensland. Johnstone, R. and Sarre, R., 2004. Regulation: Enforcement and Compliance (Vol. 57). Canberra,, Australia: Australian Institute of Criminology. Karpouzoglou, T., Dewulf, A. and Clark, J., 2016. Advancing adaptive governance of social-ecological systems through theoretical multiplicity. Environmental Science Policy, 57, pp.1-9. Matthews, C., 2005. Sea Level Rise and Climate Change: Implications for the Coorong and Lakes Alexandrina and Albert Ramsar Site: a Preliminary Investigation. Department for Environment and Heritage. McCarthy, M.M. and Cambron-McCabe, N.H., 1987. Public school law: Teachers' and students' rights. Publication Sales, Allyn and Bacon, Longwood Division, 7 Wells Avenue, Newton, MA 02159 (Order No. H04898; $30.95).. Owen, D., 2014. Products Liability Law, 3d (Hornbook Series). West Academic. Sanderson, T., Hertzler, G., Capon, T. and Hayman, P., 2016. A real options analysis of Australian wheat production under climate change. Australian Journal of Agricultural and Resource Economics, 60(1), pp.79-96. Scholz, J., Enforcement Policy and Corporate Misconduct: The Changing Perspectives of Deterrence Theory (2007). Law and Contemporary Problems, 60, p.253. Siebentritt, M., Halsey, N. and Stafford-Smith, M., 2014. Regional climate change adaptation plan for the Eyre Peninsula. Prepared for the Eyre Peninsula Integrated Climate Change Agreement Committee. Ravenell, T.E., 2008. Cause and Conviction: The Role of Causation in Sec. 1983 Wrongful Conviction Claims. Temp. L. Rev., 81, p.689.Timbal, B., Abbs, D., Bhend, J., Chiew, F., Church, J., Ekstrm, M., Kirono, D., Lentomn, A., Lucas, C., McInnes, K. and Moise, A., 2015. Murray Basin cluster report: climate change in Australia. Projections for Australias natural resource management regions. Zoeteman, B.C., 2013. What is behind the leadership shift in sustainable development from politicians to CEOs?. Environmental Development, 8, pp.113-130.