The Journey of India Through History in The Argumentative...

According to the Indian dialect ‘Hindi’, a dialogue could be of three types: a vaad, i.e. a discussion seeking to reach the truth between the proponent and the opponents view; a vivaad i.e. an argument seeking to push ones point of view over that held by the other; and lastly, a vitandavaad, which solely seeks to raze the opposing views, while offering them no other alternative system. In that sense, the book, â€Å"The Argumentative Indian† written by Dr. Amartya Sen, the Nobel laureate has been very appropriately titled and that through this he has unwittingly revealed his own views. The way the book moves ahead, are thoughts of an argumentative individual – propagating his own views but not searching for the truth. This book discusses the journey of India from its history to the present identity in terms of the cultural traditions related to public debate that has impacted several aspects of the nation be it in terms of culture and other forms of diversity. The book consists of four sections having four essays each, Voice and Heterodoxy, Culture and Communication, Politics and Protest and â€Å"Reason and Identity through which it tries to argue about the success of Indian democracy, secularism and politics, demographic inequalities in the community. In the first section the author takes a trip through the general culture of pluralistic debate that existed within India, from that of Buddha to that dating back till the king Asoka. Sen describes on an affirmative noteShow MoreRelatedI Love Reading Essay69689 Words   |  279 PagesGovernment of India b i n n o v a i c u l t u r w u s i n e s f E N T R E P R E N E UR S H I P m n a d c a t i o n u o n P l o y m e n t l t h e v i r o n m e n t n a n c e A Study by National Knowledge Commission Entrepreneurship in India National Knowledge Commission 2008  ©National Knowledge Commission, 2008 This report has been prepared by Amlanjyoti Goswami, Namita Dalmia and Megha Pradhan with support and guidance from Dr. Ashok Kolaskar and Mr. Sunil Bahri. Table

My Reflection On My Life - 1384 Words

I wiped the steam from the mirror and looked at my reflection. Coffee brown orbs stared back at me with the same look as ten years ago. I hadn t changed much. I still had the same curly dark brown hair and the same caramel colored skin. My facial features were the same except for a faded scar underneath my chin from an incident years ago. I was still that timid girl with many problems that no one knew about. I sighed and shifted my gaze to my hands. There was no more blood underneath my fingernails or anywhere on my body. All that was left from the punishment was a long, thin line of scar tissue that ran along my back diagonally from my hip to my shoulder. I could live with it. Scars were proof that you survived whatever life threw at†¦show more content†¦I left a strand on each side of my face out in front of my ears and slid my beanie up a bit. I pulled up my shorts and slipped on dark gray socks before putting on my shoes. Grabbing my necklace from the dresser, I took one more look in the mirror and opened my door. Delilah was standing across the way in a black sweater and skinny jeans with matching boots. Her hair was braided into two braids which stopped before her stomach. A smile spread on her lips as she gave me a once-over. Let s go shopping! She squealed and looped her arm with mine. I rolled my eyes and pulled my necklace over my head. Yay. I murmured. * * * Delilah Fletcher. A vampire huntress, a badass, but most importantly, my best friend. We met when we were both fifteen. She had just been recruited and Ron was showing her around. Delilah and I weren t friends back then. She saw me as a threat and was cautious around me. I guess I couldn t really blame her. All her life the women in her family had neglected and abused her while the men told her that her looks would get her by in life. The first thing about her that got my attention was her fiery red hair. It was curled, yet I could tell it was curly already. She held this aura to her which seemed to ooze power and confidence. It makes sense that the guys were naturally drawn to her. Delilah loved the attention from guys. She still does. Now, everyone s used to her presence. The guys don t flirt with her anymore and treat her likeShow MoreRelatedMy Reflection On My Life1372 Words   |  6 PagesOver the last several days, in preparation for this paper and my upcoming interviews, I have done quite a bit of reflection into myself. I have examined carefully the experiences I have had in all areas of my life, namely in a professional setting, within my educational background, and amidst my personal life. I have scrupulously singled out the most prominent and valuable strengths I have, as well as the challenges which impede me the most and are in need of the greatest amount of improvement. FinallyRead MoreMy Reflection On My Life1531 Words   |  7 PagesWhat I saw in front of me was a spitting image of my reflection, only this reflection lacked my empty brown eyes, his hair was not a tattered mess, and his posture was not sluggish but upright like that of a soldier , he wore the same clothes that I was wearing a white t-shirt only his had no coffee stains and his blue jeans were not torn up at the knees his white shoe laces were not stringing apart. He had piercing brown eyes with a smug smile it seemed his entire being resonated confidence andRead MoreMy Reflection On My Life Essay1179 Words   |  5 Pagescore class I never expected anything from anyone in my life. I like to follow my own path. I learned how to prayer before core I thought prayers make no impact on the situation and I lost all the trust in god. The unfaithful people had turned their back on me and that movement changed me. Being in core It has shaped me into a person I never thought I could be. I trusted the people in my core and around me who are close decided to stick around in my worst times. Being in core I feel less stress, learnedRead MoreMy Reflection On My Life908 Words   |  4 PagesSo there I sat in my seat, either looked outside the window, or stared at my wa tch, watched the second hand running around and around, hoped that the moment that I have waited so long for will actually become a reality. I lay in my bed the night before we received the grade for our paper, stared at the ceiling feeling not only excited but also nervous about how I had done on a paper that I worked so hard on. I began talking out loud to myself â€Å"I know I did very well on it, I had to, maybe 54 pointsRead MoreMy Reflection On My Life1683 Words   |  7 Pagesthrough all trails and heartache I will always point my focus toward God, but I do not know what my future holds. No matter what is happening I want to understand that I have a friend, someone on my side, who wishes that I succeed and already has planned my life. Still, I always worry that when my life is no longer in a state of ease and only academic stress plagues my mind, I won’t find the same sunlit joy and steadfast love in God that I do when my life has minimal disturbance. While I have to yed withRead MoreA Reflection Of My Life1435 Words   |  6 PagesThis paper is a reflection of my life. It explores my life through five parts. These five parts are: 1 - Family of origin and major childhood influences, 2 - important events, achievements, and persons, 3 - Faith history including call into ministry. 4 - Work history, 5 - Marriage and family history. The people, places and things that make me the person I am today, a servant of God. 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I have my fingers in my mouth, which is a reoccurring nerves tick. I also have sweat running down my face and big eyes. Personally, I was scared to enter the session. I feared being filmed as well as messing up. I have a thought bubble above my head to represent what was going through my head. In thatRead MoreAn Reflection Of My Life1660 Words   |  7 PagesConsequently, numbers of things like music, books, films, and television fostered a tremendous impact on my interests and activities. When it came time to begin our twelve year long journey through an educational system, my parent s decided to move. We found ourselves in Braintree, a town much different from what my brother Jake and I had known all of our lives. Each and every afternoon, my brother and I tuned in to Disney Channel at four o’clock to watch our favorite show, the Wiggles. The showRead MoreA Reflection On My Life1441 Words   |  6 Pagesto have live a fulfilled life. As a young teenager myself, I tend to not worry about my purpose or meaning in this world. But, as I’m getting older there are constant thoughts that go to my head about my purpose in life. Living without a purpose or meaning creates a sense of incompleteness with the quality of life we live with. Concepts that we are taught while we are young produces a plan to be guide to live life a certain way. These ideas motivate people to live life a certain way to achieve a

Business Law for Case Analysis- MyAssignmenthelp.com

Question: Discuss about theBusiness Law for Case Analysis. Answer: Introduction Negligence depicts the breach of duty of care on part of an individual, which they owed to some other person (Bailey, 2016). One of the crucial elements in establishing a case of negligence is foreseeability of the risk of harm or injury. In case a loss is caused, which was not foreseeable in a particular case, remedies cannot be awarded for the same as a result of the undertaken negligence (Gibson Fraser, 2014). The case of Wyong Shire Council v Shirt (1980) 146 CLR 40, is a leading matter with regards to the foreseeability of harm, standard of care and for establishing a contravention of obligation of duty of care. This case is used as a benchmark and has forever established that to acknowledge the foreseeability of a particular loss, the view of a reasonable individual has to be considered (Latimer, 2012). In the following parts, the various aspects of this case have been discussed, which includes the facts of this case, the decision of the case and also the arguments made by the plaintiff in this case. The purpose of doing so is to provide a conclusive summary of this leading matter. Facts of the Case In this matter, a channel had been dredged by the Wyong Shire Council, the defendant, in Tuggerah Lakes, New South Wales. The Council had erected the signs which red Deep Water. The plaintiff in this case was skiing in a circuit, and this circuit was regularly used by the water skiers. One day, while skiing, the plaintiff fell in the water and his head got struck on the bed of the lake. As a result of this, the plaintiff was injured gravely. The water of the lake was shallow at certain areas which caused the injuries of the defendant. A case was initiated by the plaintiff against the defendant for their negligence and he claimed damages for the undertaken negligence. The question in this case was that whether the council had been negligent or had their duty of care been discharged due to the signs erected by them regarding the water being too shallow. So, the court had to consider whether the council had undertaken the standard of care and acted in a reasonable manner, with regards t o the risk of injury which could have taken place in the given circumstances to the water-skiers (Sappideen, 2009). Side of Plaintiff The plaintiff would like to initiate the claims by stating that the defendant had been negligent and had failed in their duty of care, which they owed to all those individuals who skied in the water of the lake. In order to establish a case of negligence, the plaintiff is required to show the presence of certain elements (Turner, 2013). These includes that the defendant owed a duty of care towards the plaintiff, the breach of it, the plaintiff being injured, the foreseeability of loss, the direct causation, and remoteness of losses (Greene, 2013). To show that the defendant owed a duty of care to the plaintiff, the plaintiff would like to highlight the case of Donoghue v Stevenson [1932] UKHL 100. The court had stated that the proximity between the manufacturer and the consumer, and the foreseeability of a contaminated drink resulting in the injury of a party, led to S being held as having owed a duty of care to D and hence, had to compensate D for her losses, owing to her injury resulting from Ss negligence (British and Irish Legal Information Institute, 2017). In our case, the Council owed a duty of care towards the plaintiff, as they were the manufacturer of the channel and had to ensure that the place was safe for skiing. This is because the council knew that this place was regularly being used for such purposes (Australasian Legal Information Institute, 2017). The plaintiff would also like to highlight that the duty of care was breached by the Council. In the matter of Roads and Traffic Authority of NSW v Dederer [2007] HCA 42, the plaintiff was injured due to the breach of duty of care on part of the defendant. Even though the defendant in that case had erected signs that prohibited people from jumping in the bridge, the same never showed that jumping in the bridge was dangerous (High Court of Australia, 2007). In the present case, the defendant had erected similar signs which showed that the water was deep. But, it was nowhere stated that the deep water could injure the skiing people or that jumping in water could be grave for the people. Hence, on the basis of Roads and Traffic Authority of NSW v Dederer, the defendant of this case has to be held liable for a breach of duty of care. The next requirement is for the plaintiff to show the reasonable foreseeability of the risk of harm. For this, the plaintiff would like to take the help of ruling given in the Wagon Mound case, which is fully known as the Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd [1961] UKPC 2. The court had held that due to the remoteness of injury, the damages could not be awarded. And it was also stated in this case that the foreseeability is present even in cases where it is a remote possibility (H2O, 2016). The court required that for proper discharge of duty of care, steps had to be taken to ensure that the injury does not take place. In this case, the defendant had only erected deep water sign, which was just information, instead of being a warning. Hence, the duty of care was not discharged, which resulted in damages which could not be stated as too remote (Australasian Legal Information Institute, 2017). Bolton v. Stone [1951] AC 850, [1951] 1 All ER 1078 is another case which the plaintiff would like to use in this particular instance. In this case also, there was a lack of foreseeability, and so the damages were not awarded (Swarb, 2016). When the foreseeability of risk is to be asserted, instead of judging the improbability or probability of an occurrence, it is to be seen that the risk is not far-fetched. Even though there are cases where the possibility of one risk is higher than the other, it does not mean that the less likely risk is to be taken as not foreseeable. In this case, the defendant was aware of the fact that a person could be injured due to the shallow water. They knew people constantly used the place for different purposes and still they only erected a deep water sign. They did not take steps to make certain that the people had knowledge of the notion that jumping in the water could be dangerous. Based on Bolton v. Stone, the possibility of risk in the present case was quite strong and had to be considered properly (Jade, 2017). It was easily foreseeable for the defendant that a person could get injured if they jumped in the water, as the water levels were different at different places. This knowledge was not with the plaintiff, but with the defendant. Hence, there was a clear foreseeability of risk of injury for the defendant and yet, they chose not to act on the same. The plaintiff would like to quote the case of Vaughan v Menlove (1837) 132 ER 490. In this case, as the defendant had not acted upon the warnings given to him regarding the improper ventilation at the building where he kept the haystack, a breach of duty of care was held and the defendant was held negligent (Commonwealth Legal Information Institute, 2017). In the same manner, by not choosing to act on the reasonable foreseeability of risk of harm, the Council in the present case breached their duty of care. The plaintiff would again like to quote the case of Roads and Traffic Authority of NSW v Dederer. This is to show that by merely erecting a sign, the duty of care is not discharged. In this case, the court had held that by failing to erect signs which actually made the plaintiff aware about the possibility of harm, instead of providing simple information was a breach of duty of care on part of the defendant. This was coupled with the lack on part of the defendant in making fences or other similar guards, which could have actually stopped the people from jumping in the lake. A point which can be raised on this basis by the defendant of the present case is that in the quoted case, the plaintiff was 14 year old, and hence, did not have the understanding of the possibility of risk of harm (Hemming, 2007). However, the plaintiff would like to clarify, that any reasonable person, in the present circumstances, could not have judged that jumping in the lake could result in significant injury , as the sign actually showed deep water. The plaintiff was not aware of the fact that the surface was uneven at places and not actually deep. So, by jumping in the deep water, the plaintiff would not have been injured. In other words, the signs failed to provide the correct picture. So, a person relying upon the sign may jump in the water, thinking that they would not hit their head, but in reality, they would get injured as the water was not deep. So, apart from informative sign, the plaintiff would like to highlight the negligence on part of the defendant in putting up mistaken signs. The plaintiff was an inexperienced skier and wanted to jump in deep water. He actually believed on the sign that the water was deep and jumped in the lake, not knowing that the surface was uneven. And due to this material breach in duty of care, the plaintiff would request the court to award suitable damages to the plaintiff, for the injury sustained by him (Jade, 2017). Decision of the Court In this particular case, the defendant was held liable for negligence and was required to pay damages to the plaintiff. This was because the court held that in certain cases, the standard of care is higher in such cases where the risk of sustaining grave injuries by a person is significantly high. Mason J, in this case held that for deciding upon the contravention of obligation of care, apart from the foreseeability of a risk, the response of an individual with regards to the consideration of the magnitude of risk of harm, along with the possibility of the occurrence of such harm and the expenses, difficulty and inconvenience in undertaking the actions to alleviate the risk, in addition to the other conflicting responsibilities of the defendant had to be considered (OGrady, 2017). Hence, there was a need of balancing all of these considerations to assert a standard response, which is expected in the pertinent situation (Sander, 2017). The judges also held that the foreseeability of harm cannot be fanciful or too far-fetched (Local Court, 2017). Hence, there has to be reasonable foreseeability with regards to the possibility of harm, for the harm to be stated as reasonably foreseeable. In the given case, the risk revolved around the ambiguity in the sign which had been put up by the defendant, which led people to form a view that the water was deep, and hence, safe for skiing. This particular aspect made the risk of injury sustained by the plaintiff as foreseeable. Due to these reasons, the council was held liable for the undertaken negligence in wrongly putting up the signs, which misled the people and was deemed as breach of duty of care on part of the council (Swarb, 2015). Conclusion This particular case is often cited in the matters where the foreseeability of a risk of harm has to be decided upon. In this case, the council had erected certain signs, believing which, the plaintiff jumped in the river and was injured. After establishing the presence of duty of care and the resulting harm, the question was raised on whether the loss was foreseeable. The court held that certain criteria, for instance, the probability of occurrence of loss and the degree of possibility had to be considered to establish the foreseeability. Though, the foreseeability cannot be something which is farfetched. And holding the breach of duty of care on part of the defendant, the council was held negligent. References Australasian Legal Information Institute. (2017). Wyong Shire Council v Shirt [1980] HCA 12; (1980) 146 CLR 40 (1 May 1980). Retrieved from: https://www.austlii.edu.au/au/cases/cth/HCA/1980/12.html Bailey, J. (2016). Construction Law(2nd ed.). Oxon: Routledge. British and Irish Legal Information Institute. (2017). Donoghue v Stevenson [1932] UKHL 100 (26 May 1932). Retrieved from: https://www.bailii.org/uk/cases/UKHL/1932/100.html Commonwealth Legal Information Institute. (2017) Vaughan v Menlove. Retrieved from: https://www.commonlii.org/uk/cases/EngR/1837/424.pdf Gibson, A., Fraser, D. (2014). Business Law 2014 (8th ed.). Melbourne: Pearson Education Australia. Greene, B. (2013) Course Notes: Tort Law. Oxon: Routledge. H2O. (2016). Wagon Mound (No. 1) -- "The Oil in the Wharf Case". Retrieved from: https://h2o.law.harvard.edu/collages/4919 Hemming, A. (2007). Roads And Traffic Authority Of New South Wales V Dederer: 20/20 Hindsight Or An Accident Waiting To Happen? A Timely Opportunity To Revisit And Reappraise Shirt. Retrieved from: https://www.austlii.edu.au/au/journals/JCULawRw/2007/3.pdf High Court of Australia. (2007). Roads and Traffic Authority of NSW v Dederer [2007] HCA 42. Retrieved from: https://eresources.hcourt.gov.au/downloadPdf/2007/HCA/42 Jade. (2017). Wyong Shire Council v. Shirt. Retrieved from: https://jade.io/article/66842 Latimer, P. (2012). Australian Business Law 2012 (31st ed.). Sydney, NSW: CCH Australia Limited. Local Court. (2017). Moore v Pine Creek Community Council [2003] NTMC 008. Retrieved from: https://www.localcourt.nt.gov.au/judgements/documents/2003NTMC008_000.pdf OGrady, P.T. (2017). Wyong Shire Council v Shirt [1980] HCA 12. Retrieved from: https://peterogrady.com.au/1980/05/01/1980-wyong-shire-council-v-shirt/ Sander, S. (2017). New notions of personal responsibility in NSW civil liability. Retrieved from: https://www.findlaw.com.au/articles/1528/new-notions-of-personal-responsibility-in-nsw-civi.aspx Sappideen, C., at al. (2009). Torts, Commentary and Materials (10th ed.). Pyrmont: Lawbook Co, pp. 374-5. Swarb. (2015). Wyong Shire Council v Shirt; 1 May 1980. Retrieved from: https://swarb.co.uk/wyong-shire-council-v-shirt-1-may-1980/ Swarb. (2016). Bolton v Stone: HL 10 May 1951. Retrieved from: https://swarb.co.uk/bolton-v-stone-hl-10-may-1951/ Turner, C. (2013). Unlocking Torts (3rd ed.). Oxon: Routledge.