INTRODUCTION TO LAW FOR ACCOUNTANTS Case Study Example | Topics and Well Written Essays - 750 words

INTRODUCTION TO LAW FOR ACCOUNTANTS - Case Study Example In reference to the case given, the concerned law is the ‘law of tort’. Tort can be defined as a civil wrong for which the remedy is a common law action for liquidated damages, and is not exclusively the breach of a contract. The case before me falls under the law of tort. Therefore, negligence means the breach of duty caused by the omission to do something, which a reasonable person would do or doing a thing which a reasonable person would not do. In order for a victim to succeed in a case of negligence, he/she has to prove three things. One of the key aspects to prove is that, there was an unlawful act or omission by the defendant, also known as tortfessor. Secondly, there must be a legal damage to the victim/the plaintiff, and finally, the wrong must be of such a nature as to give rise to a legal remedy in the form of an action for damages (Bromwich and Hopwood, 1992, p. 56). Failure by Rodney to slow down was a commission of an act that a prudent person ought to have avoided. As a result, Daisy suffered physical injuries; further, the migraine, which she had been suffering from started re-occurring more frequently, and more severely. Therefore, it is advisable for Daisy to institute a civil suit against Rodney for damages caused, as a result of his actions/inactions. Zahid, Rodney’s friend, who also suffered physical injuries as a result of the accident, is also entitled to legal remedy. This is because Rodney had a duty to drive slowly, but chose to over speed thus causing an accident. Awais, who was being rushed to hospital, could have been saved had he arrived in time; however, the accident caused by Rodney caused a heavy traffic that delayed Awais from making it to the hospital in time, and thus his legal right to access medical attention promptly was infringed. If Rodney could have exercised ordinary care and skill, the accident would not have occurred. In my opinion, therefore, Awais is entitled

Political Transitions in East and South East Asia Essay - 1

Political Transitions in East and South East Asia - Essay Example It is considered undemocratic in the event that people are respected and dignified selectively and with discriminatory perspectives. This concept of democracy illustrates that on some occasions the welfare of one or just a couple of people can be subordinated by the interests of the majority in order to achieve a common good. It is important to note that democracy does not it whatever circumstances promote equality of condition like in communism. Equality of condition comes with favoritism and categorization into groups of similar characteristics. On the other hand, democracy promotes equality of opportunity. According to equality of opportunity, everyone has then freedom to develop his or her talent to totality or as much as he or she cares to. Democracy is founded on the principle that the majority is more often right that wrong. When it comes to politics, democracy dictates that the majority is better positioned to make sane political decisions as compared to the minority or a single individual. One ought to note that sometimes democracy is seen as a trial and error process in which some decisions may not be absolute best but eventually become satisfactory because of its support from then majority faction. Despite the fact that democracy seems to dwell so much on the majority, it is noteworthy that it does not overlook the minority entirely. On the other hand, democracy gives some respect to the minority. This is done by giving then minority a chance to join the majority faction through legal means. Additionally, democracy also ensures that then minority in a society is given equal chance as the majority to voice its views. Compromising can be defined as the process of adjusting, reconciling and blending competing views with the aim of finding common ground that is most acceptable to the largest number of stakeholders involved. Democracy demands for the