Civil War Essays (1512 words) - Ammunition, Firearm Actions

Civil War Civil War During the American Civil War, which lasted from 1861-1865, over 620,000 accounted soldiers were killed. Known as the "the first modern war", historians generally agree that the reason for this was because this was a time of transition for the military. Armies and Navies were still using tactics where they would gather large forces of firepower to bear on the enemy. At the same time, weapons were being developed which were accurate and lethal well beyond any arms of the earlier conflicts. As a result of these two conditions many more casualties were sustained. Add to that the lack of medical knowledge of disease and infection and the numbers truly began to grow. This paper is an overview of the types of weaponry that was used during this time. Artillery generally falls into three basic categories; guns, howitzers and mortars. The main difference between them being the trajectory of the round fire. A gun has a high muzzle velocity and a very flat trajectory. Normally a gun is used in a direct fire mode where the target can be seen and penetration is desirable. Good targets for a gun would be things like brick or earth forts, ships, buildings, and targets in tree lines. Howitzers have a somewhat lower muzzle velocity and arc their shells onto a target. They are used in both a direct fire and indirect fire mode. Keep in mind with the limited range of the pieces available during the Civil War there was no indirect fire such as we know it today. Targets were generally always within the line of sight of the artillery men. This is especially useful when an enemy is concealed behind a prepared position or the artillery men desire to have a shell explode over an enemy's head. The air-burst does less damage to hardened targets such as masonry walls, and redoubts, but causes many more human casualties due to the shrapnel covering a large area. Mortars have a very pronounced arc of flight. They have a relatively low muzzle velocity and are unsuitable for direct fire. Their principle value comes from being able to lob shells behind an obstacle such as a fort or a hill. Unlike modern mortars, those used during the Civil War were bulky devises and mounted at a fixed angle usually between 45 and 50 degrees. They were not very accurate and depended solely upon the amount of propelling powder to determine their point of impact. Shells, hollow ammunition filled with gunpowder and equipped with a fuse, were the most common type of explosive artillery round used during the Civil War. Fuses could be either timed so the round would explode after a certain number of seconds had elapsed, or were percussion so the ammunition would explode upon striking an object. Shells were generally used as long range rounds, meant to explode among an advancing enemy or used to blow apart enemy forts. Solid shot was a kinetic energy round. Its speed and mass were used to penetrate walls, fort and armor. To produce any type of casualty effect, the round would have to actually strike the target. Solid shot was particularly used against ironclad ships where a shell would do little or no damage. During one test an 8 inch Brooke rifle with 16 pounds of powder fired a 140 pound ball 260 yards and penetrated eight inches of iron backed by 18 inches of solid wood. While there are many accounts of troops charging bravely into a "hail of grape" there is little fact in this. Grape shot was used very little on the land battlefield during the Civil War. The ammunition encountered by the soldiers was called canister, one of the war's most deadliest rounds. Canister was basically a tin packed with sawdust and musket balls which, when fired, spread out and turned the artillery piece into a giant shotgun. At close range against masses infantry this round was devastating, cutting huge swaths through the attacking men. Grape shot was widely used in the 19th century wars, but by the time of the American Civil War, grape was primarily used by navel gun crews. Similar to canister, grape shot consisted of meat balls, but unlike canister which fired 76 balls, a round of grape shot consisted of nine or so balls and were usually not packed in cans. A standard round consisted of three tiers of three 2 inch diameter balls separated by iron plates and held together by a central rod which connected the bottom plates. Another design consisted of an iron bottom plate with a central pin around which the balls

Bessie Blount Essays

Bessie Blount Essays Bessie Blount Essay Bessie Blount Essay Bessie J. Blount African-American Inventor Forensic Scientist Bessie Blount Griffin was born on November 24, 1914 in Hickory, VA, present day Chesapeake, VA. She studied at both Panzar College of Physical Education and at Union Junior College in New Jersey. Prior to being deployed as a nurse during World War II, she studied physical therapy in Chicago. During her childhood, her stubborn streak showed when at 7 she was reprimanded for writing with her left hand; she decided to learn to write with her mouth and toes instead of writing with her right hand. In 1951, she invented a self feeding device that a person with an amputation could use independently. The feeding device was designed to deliver one mouthful of food at a time, controlled by biting down on the tube. She then created a disposable emesis basin. Her invention were rejected by the American Veterans Administration. After this rejection she donated her inventions to the French Government, where her inventions were accepted and are still currently being used. In 1969, Blount studied to become a forensic scientist and went into law enforcement. She worked in Vineland, New Jersey and both Norfolk and Portsmouth, Virginia. In her capacity as a forensic scientist, she used her training to examine the authenticity of African American slave â€Å"papers† and pre-civil war documents. By 1972, she had advanced to become the Chief Document Examiner of those laboratories. In 1977, Blount became the first Black woman to train and work at Scotland Yard, because J. Edgar Hoover turned down her application to the Federal Bureau of Investigations. At 83, she had continued to run her own business. She currently serves as a consultant in â€Å"special investigations† for many law enforcement agencies, while being a member of the South Jersey chapter. According to her son, Bessie Blount still packs up her models and speaks to classes. Blount would like to but some land in Hampton Roads, Virginia, and build a place where she can spread out her lifes work and allow students to ask her questions and roam. FOR FREE. Blount has been asked to donate her inventions to several different African American museums but she has refused. She had stated that â€Å"science has no color. † â€Å"Why should [she] donate things [she] made, and theyll charge students to go see them? No. [Shell] take them to schools where kids can hold then, touch them, [she] tells them, Youre a part of history. †

Decentralization. What Level of decentralization within Government Research Paper

Decentralization. What Level of decentralization within Government Institutions Is Needed for a State to Become Democratic - Research Paper Example Private investors and the sector in general may still access some of these services, but non-profit earning and collective goods require funding and delivery by sub-national government units if any of these are to be available. Secondly, research indicates that top down and highly centralized service delivery is cumbersome, expensive, slow, and inflexible to new information, as well as prone to political bias. Third, consistent incapacity and collapse of governments, patterns that are common in education, marketing, and sanitation, highlight the untapped local capacity in taking collective actions and making collective choices. Lastly, past research and studies indicate that for democracy to thrive, it must have foundation in preparatory and local self-governing institutions. Decentralization of power, with emphasis on government institutions, improves the democracy of those institutions. Therefore, the main problem that democracy and decentralization seek address is central state pl anning and centrally administered bureaucracies. According to critiques of central state planning, administrations that adopt this form of administration suffer from potentially destructive and inefficient methods of allocating resourcesii. There are three assertions used to justify these claims. The first argument is that centrally administered bureaucracies lack place and time knowledge in designing and implementing programs and policies that truly reflect the real preferences and needs of the people. Secondly, based on principles of control and command, states differ qualitatively from markets (based on exchange and competition) and voluntary organizations (based on altruistic motivation measures). From these perspectives, states do not have the reach and flexibility to provide some particular services and goods, especially those that require large information. The last argument suggests that inadequate incentives and unchecked authority (highlighted in promotion rules, salaries, hiring, and so forth may encourage rent-seeking behaviors by officials from the governmentiii. The main case for advocating for democratic decentralization is the assertion that a highly decentralized state apparatus will have more exposure, and thus more responsive and sensitive to local aspirations and needs. Proponents argue that decentralization will create a system of governance that will be more accountable and effective to the local population. Decentralization essentially means more than the downward delegation of authority. Essentially, it implies a system of governance where the local citizens have the right to hold local public officials accountable through collective actions, elections, and other democratic means. Different scholars have researched on the topic of decentralization in the past, including Johnson Craig from the Rural Policy and Environment Group Overseas Development Institute, Sheila Rai, an assistant professor at the at University of Rajasthan in India. Others are Camille Cates Barnett from the Research Triangle Institute, Robert Pringle from The Wilson Quarterly, Jonathan Rodden from Comparative Politics, Maria Escobar-Lemmon from Publius, and R. A. Ayee from African Studies Review, among others. The main area of focus for these scholars has been the positive and negative effects of decentralization, especially democratic decentralizationiv. Jonathan Rodden in â€Å"Comparative Federalism and Decentralization: On Meaning and Measurement" and "Fiscal Decentralization and Federalism in Latin America" by Maria Escobar-Lem

Television Commercials Essay Example | Topics and Well Written Essays - 750 words

Television Commercials - Essay Example It is hard to argue with the belief that television commercials have a compelling effect on us. To best check this assumption, the cultivation theory is applied to discover the effects of television commercials on the attitudes and behaviors of the general public. According to Das, â€Å"Cultivation theory suggests that consumers’ perceptions of social reality are heavily influenced by how they see themselves and others portrayed in the media. Many researchers are of the opinion that television ads present idealized images of appropriate behaviors and roles for men and women, making television advertising an important factor in developing notions of what appropriate behaviors and roles are for each sex† (2011:208). Among mass media, television is the most widely used form of advertising, and the influence of television on the average American’s behavior and role are immense. We are repeatedly exposed to this influence, and we absorb it subconsciously and become naturalized with it. In many commercials, there is a large and consistent difference in the way men and women are portrayed. As observed by Water, â€Å"Women in commercials were typically portrayed as deficient in credibility, product users but not product authorities, most often situated in domestic locations, having no occupation except homemaker, and demonstrating a dependent role. This is in contrast with men, who were typically portrayed as credible, product authorities, and situated outdoors. Also, men were perceived to be powerful and thrived in independent roles† (2006:17). The role of gender application is imbalanced, with the female gender being represented in an inferior manner compared to their male counterparts; one is being served and is strong and independent, while the other is serving, and is weak and dependent.

The Fourth Crusade Essay Example | Topics and Well Written Essays - 2500 words

The Fourth Crusade - Essay Example [The crusades. New York: Cosmopolitan book corporation, 1929.] The mission of beginning a new crusade had become a life-task to Pope Innocent III. After the death of Richard the Lionheart, the Pope lost all hope in getting a trustworthy monarch to lead the holy war. Almost immediately upon being elected pope, Innocent III decided that the papacy itself should assume the leadership of the next Crusade. He issued his crusading letter in August of 1198, sending it to all the archbishops of the West. He directed the call to arms not to kings and emperors, but to counts and barons and even to cities. The archbishops and bishops of the Church were likewise to contribute soldiers, or an equivalent amount in money.["The Fourth Crusade ", Vol 3:1, (Philadelphia: University of Pennsylvania] In 1198 he called for a new Crusade, which was largely ignored among European leaders. The Germans were struggling against Papal power, and England and France were still engaged in warfare against each other. The tone of the encyclical makes it clear that Innocent believed the Church itself was the true leader of the Crusades. Even so, he wrote separately to the kings of France and England, ordering them to cease their war. Not, you will note, that they should go on crusade themselves, but only that their quarrel should not interfere with the raising of troops and money for the Crusade. He likewise sent a papal legate to try to persuade Genoa and Pisa to make a truce between them, for much the same reasons, except that he wanted the Pisans and Genoese to participate in the Crusade.However, due to the preaching of Fulk of Neuilly, a crusading army was finally organized at a tournament held at Ecry by Count Thibaud of Champagne in 1199. Thibaud was elected leader, but he died in 1200 and was replaced by an Italian count, Boniface of Montferrat. Boniface and the other leaders sent envoys to Venice, Genoa, and other city-states to negotiate a contract for transport to Egypt, the object of their crusade; one of the envoys was the historian Geoffrey of Villehardouin. [Donald Queller: The Fourth Crusade, and bibliography in Jonathan Riley-Smith, The Crusades.] Preparation for the Crusade Genoa was uninterested but Venice agreed to transport 33,500 crusaders (as well as 4,500 horses), a very ambitious number. This agreement required a full year of preparation on the part of the city of Venice to build numerous ships and train the sailors that would man them, all the while curtailing the city's commercial activities. The majority of the crusading army that set out from Venice in October 1202 originated from areas within France. It included men from Blois, Champagne, Amiens, Saint-Pol, the Ile-de-France and Burgundy. However, several other regions of Europe sent substantial contingents as well, such as count Flanders and Marquis Boniface of Montferrat from northern Italy. Other notable groups came from the German Empire, including the men under Bishop Martin of Pairis and Bishop Conrad of Halberstadt together in alliance with the Venetian soldiers and sailors led by the Doge Enrico Dandolo.[ Queller, Donald E. "The Fourth Crusade: The Neglected Majority] Attack on Zara Since there was no binding agreement amongst the crusaders that all should sail from Venice, many

Case Study Claim For Damages In Negligence Scenario Law Essay

Case Study Claim For Damages In Negligence Scenario Law Essay In seeking to effectively advise Steve and Tina in relation to whether they have a claim/claims for damages arising out of the facts of this scenario for negligence, it is necessary to look to deal with the evidentiary aspects that are considered to be involved with the claim. As a result, this will involve looking to provide for recognition of the evidence that both Steve and Tina would be required to present (including any particular witness evidence) related to the need for there to be a recognised duty of care that was breached that was proximate leading to a recognised harm in fact so as to then be able to serve to substantiate each of their claims as they arise. Moreover, there is also a need to look to comment on as to how successful Steve and Tinas claims would be in looking to take account of the evidence that is available along with any defences that may possibly be levied on the facts. With this in mind, this means that it is necessary in advising Steve and Tina to look to analyse the facts as they are presented and give reasons for the view that is given whilst also referring to any relevant case law and/or legislative provisions as and when and where they are considered to be applicable in relation to each of the points made individually and collectively. Finally, this essay will look to conclude with a summary of the key points that have been derived from this discussion with a view to then advising Steve and Tina with regard to as to whether they have a claim/claims for damages arising out of this scenario as it is presented on the facts. First, with a view to effectively advising Steve and Tina, there is a need to show an understanding of the fact that, whilst the burden of proof in a given case is dependent upon the circumstances that lead to the particular claims arising on the facts. However, in the case of civil actions for damages, such as those arising on the facts of this scenario that Steve and Tina are now looking to claim for, the burden of proof normally falls upon the party that is affirming something to be the case (i.e. Steve and Tina) and not upon the party that is looking to make a denial (i.e. the other parties that are involved on the facts).  [1]   Nevertheless, it is also to be appreciated that, by majority, the House of Lords recognised in the case of Re H Others  [2]  that, the more serious an allegation was that was made on the facts, the less likely it was going to prove to be true so there was a need for stronger and more weightier evidence to be provided to prove it in the circumstances. On this basis, the legal burden falls upon Steve and Tina for establishing the essential elements of their respective claims for damages for negligence on the basis of the facts of this scenario and advise Steve and Tina accordingly. Therefore, Tina and her husband Steve (who was driving) were going along a lane in the country one summers evening at 8.00pm beside North Berwick to their favourite restaurant The Crusty Crab for a meal whose entrance is also an exit and consists of a very sharp blind bend that is used by both goods and customer vehicles. The problem is that as Steve approached the entrance to the restaurant car park at The Crusty Crab, he slowed down, but confidently took the bend worried that they would be late for their table booking since they were concerned that it might be given away but, as he entered the restaurant grounds, he collided with a large Heavy Goods Vehicle (HGV) that was reversing out onto the lane. Therefore, in advising Steve and Tina regarding their claims for negligence against the other parties involved on the facts and the evidence as it stands, it is to be appreciated that the recognition of a duty of care is ostensibly a legal obligation that is usually placed on an individual like Steve (who was driving), the HGV driver, the owners of The Crusty Crab, and Dr Bill so they must adhere to a reasonable standard of care to avoid foreseeable harm to others. This effectively means it is for the plaintiffs (i.e. Steve and Tina) to articulate a duty of care which one or more of the defendants has breached to proceed with a negligence claim because breaching a duty of care may subject them to liability.  [3]   In addition, there is also a need to articulate what is understood in relation to evidence of the duty of care in the claims brought against the defendant in any given case who is found to be in breach of such a duty of care in the event their conduct has fallen short of the standard they were expected to meet respectively in the circumstances. Generally, any defendant like Steve, the HGV driver, the owners of The Crusty Crab needs to provide evidence with a view to then meeting the standard of what is considered aspirational for a reasonable man  [4]  fundamentally revolved around the idea the standard of objectivity expected is based on what could be expected of a reasonable person because perfection cannot be expected.  [5]   On this basis, it is necessary to advise Steve and Tina that there will be a need to consider whether Steve and the HGV drivers actions are in keeping with the actions of reasonable people on the facts and also as to whether the owners of The Crusty Crab were reasonable in having a blind entrance and exit used by both customer and goods vehicles. Ostensibly, Steve and Tina will be advised that the court must first consider what the defendants knew so that the witness statements of the parties will become of great significance because, to illustrate the point, it was found in the case of Roe v. Minister of Health  [6]  that a defendant will only be liable if a reasonable person would have also foreseen the loss or damage in the circumstance. However, it is also to be appreciated that the eggshell skull rule recognises a victim of harm should be taken as they are found so if they have a particular unknown defect that makes them more susceptible to injury than the person inflicting the injury can still be held liable.  [7]  In addition, it is also necessary to advise Steve and Tina in relation to the degree of risk because it has come to be understood that the greater the risk that is involved with a particular activity, the greater the precautions that were needed on the facts.  [8]   This effectively means that it will have been necessary to look to see whether the entrance and exit at The Crusty Crab was effectively delineated in view of the fact that it was a blind turn, as to whether the HGV driver had his warning lights on and reversing warning system enabled and was also driving slowly and with due care and attention. More importantly, however, there is a need to note that the driver of the HGV actually had what is considered to be adequate turning space on the evidence of the facts as they stand to turn the vehicle in the car park of the restaurant as opposed to reversing out so that he would have had more awareness of other road users in the way that most other people would have done when faced with the same situation. Similarly, Steve and Tina need to be advised that, when looking to enter the car park, it is open to question as to whether Steve was driving with due care and attention and was looking to enter the car park at The Crusty Crab on the basis of the facts as they stand here. It is then necessary for the court to look to consider how practical these precautions were in advising Steve and Tina since, for example, in the case of Wilson v. Governor of Sacred Heart Roman Catholic Primary School  [9]  a primary school was deemed not negligent for not employing someone to supervise the playground after the close of school hours so the test for how practical precautions are is about looking to strike a balance of reasonableness of precautions against foreseeable injury. Moreover, there is a need to evaluate the social importance of a defendants activity because in the event that a defendants actions are deemed socially useful they may then be considered justified for taking greater risks  [10]   although that is unlikely to be the case here. Finally, in effectively advising Steve and Tina there is a need to evaluate as whether there is any common practice in relation to the acts and omissions of each of the given defendants on the evidence. This is because it has been recognised that, in the event that a defendant in a given case is found to have complied with common practice in their activity, they will usually be considered to have met a reasonable standard, unless the court considers the practice negligent.  [11]   At the same time, however, in advising Steve and Tina with regard to the claims brought there is a need to consider the matters of proximity and remoteness in relation to whether there enough evidence to show the events transpired are considered sufficiently related to a legally recognisable injury to be its cause through the consideration of causation in terms of the but for test and proximate cause. The but for test is on the fact a defendant will only be liable where the claimants injuries would not have occurred but for their negligence i.e. the HGV driver, the owners of The Crusty Crab, and Stevel although the defendant will not be deemed liable if the damage would, or could, on the balance of probabilities have occurred anyway because the loss or injury sustained by Steve and Tina must not be too remote to ensure any liability is fairly placed on the right defendant.  [12]   Therefore, the issue of causation in relation to Steve and Tinas claim for damages for negligence primarily relates to the causal relationship between conduct and result to connect conduct, complete with actus reus, with the resulting harm  [13]  in a concerted effort to produce results that are generally considered to be both just and fair in their nature.  [14]   Steve and Tina also need to be advised with regard to as to whether Dr Bills activities as a third party in providing the couple with medical treatment at the hospital effectively serves to break the chain of causation regarding the acts of the other potential defendants. With a view to making a decision, this is largely dependent upon whether the intervention in question was foreseeable with the general rule being that the original defendant will be held responsible for harm caused by a third party so long as it was a highly likely occurrence.  [15]  In advising Steve and Tina in this regard there is a need to consider whether there is a Novus Actus Interveniens (i.e. a new act intervening) and is thus considered a general defence in the law of tort. This is because a third partys act (like that of Dr Bill) will serve to intervene between the original act or omission and the damage produced as a result, unless that original act or omission is still considered the main contributing factor to the damage because the act of the third party had no impact upon the events as they unfolded.  [16]   This is because this could amount to a third partys inadvertent contribution since, for example, in R v. Cheshire  [17]  the victim was shot and taken to hospital where he suffered pneumonia and other respiratory problems and was placed in intensive care where he was given a tracheotomy but still later died. The court found there was an element of medical negligence because the tracheotomy the patient had been given caused a thickening of the patients tissue leading to his suffocation. As a result, Lord Justice Beldam established the following test that recognised Even though negligence in the treatment of the victim was the immediate cause of his death, the jury should not regard it as excluding the responsibility of the accused unless the negligent treatment was so independent of his acts, and in itself so potent in causing death, that they regard the contribution made by his acts as insignificant.  [18]   At the same time, however, in effectively advising Steve and Tina it is to be appreciated that, whilst there may have been an element of contributory negligence related to Steves injuries (in the accident he sustains whiplash injuries to his neck and bruising to his chest caused by the impact of his seatbelt) if the evidence shows that he was failing to fulfil his duty of care to drive with due care and attention in the interests of his passenger (i.e. Tina) and other road users (i.e. like the HGV driver), Tina may also have contributed to her own injuries. This is because of the fact that, seconds before the vehicles collided, Tina took off her seatbelt in anticipation of getting out of the car quickly to rush into the restaurant because of being late for their reservation so as to sustain similar, but more serious, whiplash injuries to Steve. As a result, as a victim, Tina effectively contributed to her own injuries illustrated by the decision in the case of R v. Dear.  [19]  In this case on the facts a man, believing the victim had sexually interfered with his daughter, attacked the victim with a knife. The defendant then argued the chain of causation had been broken because the victim later committed suicide so it became necessary to determine whether the injuries inflicted by the defendant were a significant cause of, or contribution to, the victims death. Nevertheless, as to whether the resumption or continuation of that bleeding was deliberately caused by the victim, the defendants conduct remained the most significant cause of death.  [20]  . As for the matter of Steve and Tina being taken to the local hospital, Steve and Tina also need to be advised in relation to their treatment by a junior doctor, Bill, (inexperience is no defence so a junior staff member should always seek help from a more experienced staff member  [21]  ) who has just read an article in a medical journal about a new and experimental treatment using acupuncture for whiplash injuries written by the Chairman of the Acupuncture Society, Dr. D. Odgy. The Acupuncture Society involves a group of doctors who support the use of acupuncture as much as possible in the treatment of common road traffic injuries and so, on the basis of the aforementioned article, Bill treats both Steve and Tina with acupuncture. As a result of this treatment, their injuries become worse so that both Steve and Tina have to return to hospital 3 weeks later to be treated conventionally when they then feel much better and recover within days. Steve and Tina need to be advised that this is effectively an example of medical negligence perpetrated by Dr Bill. This is because, as professional people, medical personnel are held ready to give medical advice or treatment so someone like Bill also impliedly undertakes they are possessed of skill and knowledge for a purpose equivalent to any reasonable practitioner and cannot be held to the same standard as an ordinary person.  [22]  This effectively means that the standard of care becomes what can be expected of a similar reasonable professional doctor like Bill a special standard of care.  [23]   Therefore, as to whether or not someone like Bill is a registered medical practitioner,  [24]  it is also to be appreciated in advising Steve and Tina that someone like Bill who is consulted by a patient is commonly considered to owe them a duty of care on the basis of the recognition of the evidence on the facts since that is what they are trained to do in exercising reasonable care and skill in diagnosing, advising and treating them  [25]  and them alone.  [26]   As a result, Steve and Tina need to be advised that a breach of this duty of care on the part of Dr Bill to Steve and Tina causing an exasperation of their personal injury claims will serve to support a claim for negligence on the facts by the patient along with some compensation for any financial loss accrued on this basis.  [27]   In advising Steve and Tina, however, there is a need to recognise that an error of judgment will not necessarily amount to a claim for damages for an act of negligence on the part of Dr Bill unless it would not have been made by a reasonably competent practitioner acting in keeping with an ordinary duty of care that is judged against the current state of professional knowledge  [28]  or where there are differing and well-established professional schools of thought.  [29]   This is because, as has already been recognised, Dr Bill had just read an article in a medical journal about a new and experimental treatment using acupuncture for whiplash injuries written by Dr. D. Odgy as Chairman of the Acupuncture Society that involves doctors who support the use of acupuncture in the treatment of common road traffic injuries. However, on the basis of the available evidence, Steve and Tina need to be advised that the treatment that was administered to them by Dr Bill will be held to be negligent. Therefore, this would serve to make him and potentially the hospital also vicariously liable as Dr Bills employer if it cannot be shown to the courts satisfaction the opinion relied upon is reasonable or responsible  [30]  unless (i) there is a practice normally and usually utilised; (ii) the defendant has not adopted it; and (iii) the course of action is one that no professional of ordinary skill would have taken had they been acting with ordinary care.  [31]   To conclude, having sought to advise Steve and Tina in relation to whether they have a claim/claims for damages arising out of the facts of this scenario, it is to be appreciated that it has been necessary to look to consider what is ostensibly involved with a successful claim for damages for negligence against each of the defendants as they are identified on the facts. To this effect, as has already been recognised, there is a need for Steve and Tina to make successful claims for negligence on the basis of their being (i) a duty of care; (ii) with a breach of that duty; (iii) that was proximate and not too remote; (iv) leading to recognised harm in fact.  [32]   On this basis, it would seem arguable that it is possible for Steve and Tina to look to raise claims for damages for negligence against the HGV driver, the owners of The Crusty Crab restaurant and Dr Bill (along with a claim against Steve by Tina although this may be unlikely as it will most likely depend on the nature of their relationship and as to whether Tina blames him in anyway). But at the same time there is also a need to appreciate that, in advising Steve and Tina, both of them may have actually contributed to their own injuries in view of the fact that Steve may have breached his duty of care by driving without due care and attention and the fact that Tina released her own seatbelt before the car that Steve was driving in came to a halt. In addition, it is arguable that there was a novus actus interveniens in this case that only served to further exacerbate the injuries that both Steve and Tina sustained that may also serve to be a case of medical negligence. This is because, in looking to treat Steve and Tina at the hospital, Dr Bills treatment of them actually served to make their injuries somewhat worse and he would thus be considered negligent along with the hospital vicariously unless (i) there is a practice normally and usually utilised; (ii) the defendant has not adopted it; and (iii) the course of action is one that no professional of ordinary skill would have taken had they been acting with ordinary care.  [33]   The reason for this is that, as has already been recognised in the advice provided to Steve and Tina, Dr Bill had just read an article in a medical journal about a new and experimental treatment using acupuncture for whiplash injuries written by Dr. D. Odgy as Chairman of the Acupuncture Society that involves doctors who support the use of acupuncture in the treatment of common road traffic injuries and based their treatment on this.

Animal Imagery in Timothy Findley’s The Wars Essay -- Timothy Findley

Animal Imagery in Timothy Findley’s The Wars Sigmund Freud once argued that "our species has a volcanic potential to erupt in aggression . . . [and] that we harbour not only positive survival instincts but also a self-destructive 'death instinct', which we usually displace towards others in aggression" (Myers 666). Timothy Findley, born in 1930 in Toronto, Canada, explores our human predilection towards violence in his third novel, The Wars. It is human brutality that initiates the horrors of World War I, the war that takes place in this narrative. Findley dedicated this novel to the memory of his uncle, Thomas Irving Findley, who 'died at home of injuries inflicted in the First World War" (Cude 75) and may have propelled him to feel so strongly about "what people really do to one another" (Inside Memory 19). Findley feels a great fondness for animals, and this affection surfaces faithfully in many of his literary works. The Wars is a novel wrought with imagery, and the most often recurring pattern is that of animals. Throughou t the novel, young Robert Ross' strong connection with animals is continually depicted in his encounters with the creatures. Findley uses Robert to reveal the many similarities between humans and animals. The only quality, which we humans do not appear to share with our animal counterparts, is our inexplicable predisposition to needless savagery. In his video documentary, The Anatomy of a Writer, Findley describes his affinity for animals when he says that he has "always been in awe of . . . animals. [He has] never understood where [humankind] picked up the idea that [animals] are less than [people] are-that man is everything". In The Wars, Findley stresses his belief that humans are "no better and... ...s of humankind and the hostile environment we create. Although a common assumption is that animals are vicious and wild, there is no evidence of this in the novel. Malice appears to be solely attributable to humankind. This is the truism that Findley depicts in his telling of the tragic story of Robert Ross. Works Cited Cude, Wilf "Truth Slips In: Timothy Findley's Doors of Fiction" The Antigonish Review, Spring 1996, vol 27 pp75. Findley, Timothy. Inside Memory: Pages From a Writer's Notebook. Harper Collins, Toronto: 1990. Findley, Timothy. The Wars. Penguin Books, Toronto: 1996. Macartney-Filgate, Terence. Timothy Findley: Anatomy of a Writer. National Film Board of Canada, Toronto: 1992. Myers, David G. Psychology 6th ed. Worth Publishers, New York: 2001. Roberts, Carol. Timothy Findley: Stories from a Life. ECW Press, Toronto: 1994.