Theme of The Country of the Blind Essay -- H. G. Wells

H. G. Wells uses ethnocentrism as a strong device in the short twaddle The Country of the Blind to generate the central conflict and to convey the theme the perils of that deadly combination of stubbornness and blindness. The people of the country of the blind have been separate from the outside world for fifteen generations, making it hard for them to easily accept the truth and facts about the real world. An accidental fall while climbing a mountain leaves Nunez stuck in a valley, which turns out to be the country of the blind. Nunez, the seeing protagonist, after discovering the citizens are blind, expects this to be an adventure and eventually came up with an whim to be the king, since he can see. The idea of ruling the country of the blind evokes the ethnocentrism within Nunez and the blind people. Both, Nunez and the blind people refuse to accept newfangled beliefs and values at first. But as compilations built up, Nunez accepts the way of life and traditions but not the b eliefs.Nunez encounters the first ethnocentric conflict unexpectedly when the first three blind men disc...

Understanding HIV and AIDS :: health, virus, medicine

human immunodeficiency virus/ AIDShuman immunodeficiency virus/AIDS is an epidemic that effects twain men and women of all ages. It has an impact on many peoples lives either by themselves being infected, knowing someone who is infected, or being a health apprehension worker. HIV is a virus that attacks the bodys immune system. It also effects the blood cells (lymphocytes) and cells of the organs (bone marrow, spleen, liver, and lymph glands). It effects the lungs, central nervous system and gastrointestinal system. People jump with having the HIV virus. An HIV infected person is likely to stay fit and well for a long time. In time, however the infected person develops noble-minded illnesses or cancers because their immune system is weakened. When this happens, the person now has AIDS. Some people live for several years once they have AIDS, but it is always fatal.HIV is diagnosed with a blood test known as an HIV antibody test or HIV test. If the test shows that HIV is p resent, the person is referred to as HIV positive. It may take up to 6 months after contact to show up. The number of women with HIV and AIDS in the United States is steadily rising. From 1985 to 1996, the proportion of reported US AIDS cases occurring among women increased from 7-20% (Women and AIDS). An analysis from the National Cancer Institute estimates that between 107,000 and 150,000 women on the U.S. are living with HIV infection (many of whom have not create AIDS (Women and AIDS)AIDS presents a great worry for women. It is the third leading cause of death among women ages 25 to 44 and the leading cause of death among African-American women of the same age group. (Women and AIDS) Although AIDS cases are reported in all 50 states, the highest rates in 1996 were in New York, New Jersey, Florida, Maryland and Delaware (Women and AIDS)HIV may not produce any initial symptoms. However, as this disease progresses, symptoms begin to appear. Among them are fatigue, unexplai ned weight loss, night sweats, fever, diarrhea, recurrent respiratory and contend infections, swollen lymph glands throughout the body, genital changes, enlarged spleen and mouth sores. Vaginal yeast infections, common and easily loted in most women, are harder to treat in HIV infected women. Bacterial vaginosis and common STDs such as gonorrhea, chlamydia trichomoniasis, and pelvic inflammatory disease are more common and aggressive in HIV-infected women.

What are the primary perils of and salutary remedies for political powe

What atomic number 18 the primary perils of and salutary remedies for political power?Political power has been an issue plaguing man since the first of politics itself. How to gain it, how to hold it, how to properly use it, how to exploit it. Throughout time power has been exercised by those that hold it over those that do not. As with any involvement, problems are sure to arise. These problems call for solutions if peace is to be restored. The primary perils of political power are a strong desire to keep it, a devotion to anything separate than justice, an unwillingness to stand for the right thing, and ruling in a merciless manner. The remedies of political power can be (but are not limited to) corporate trust that laws are just, a willingness to treat, the sharing of power, and staying strong in what is just and right.The first problem (or peril) of power is that those who posses it do not in any way appetency to give it up. King stated that Lamentably, it is an hist oric fact that privileged groups seldom give up their privileges voluntarily. (King 68) This often causes a lack of willingness to negotiate with others. Mandela says of the white in South Africa Whites had the highest standards in the world-and aimed to keep it that way. (Mandela 367) There would be no negotiating on the part of the whites. They simply refused to assume the risk of losing what they held. Creon will not listen to Antigone, nor does he listen to anyone else but his own inner demons. (Mandela 456) By not listening to another, Creon threw negotiation by the wayside, which not only aided the corruption of his power, but at long last lead to his demise. Even when negotiations are made, they must be acted upon, not simply spoken. The fact that King a... ... the devotion to agendas other than justice, the rejection of standing up for the right thing and no mercy are problems King and Mandela address. To remedy4hese perils, the two men suggest that those in pow er be sure that their laws are just, be willing to negotiate and share their power, and have the spirit to stand strong for what is just and right. Though a single problem can weigh down political power, no one solution can solve it. It must be a combination of these and/or many more in order to solve the unfeigned perils of political power. The truth is, when something it so highly desired, so highly revered such as political power, corruption lurks behind every corner. It is up to those in charge (as well as those that influence them to be sure that this power is not corrupted, not abused. This is the preservation of politics this is the preservation of justice.

The Life and Role of a Knight in The Middle Ages :: essays research papers

The Middle Ages - The Life and Role of a Knight A Knights life was a seriously life, you could only become one in a few ways, one being the most common passing a life-time test. Knights were sworn to protect Churches, the half- experienceted and battle all evil.When a son was eight years old, he was sent to the neighboring castle where he was trained as a foliate. The boy was usually the son of a nickname or of a member of the aristocracy. He spent most of his time strengthening his body, wrestling and riding horses. He also learned how to fight with a spear and a sword. He practiced against a wooden dummy called a quintain. It was essentially a sound sack or dummy in the form of a human. It was hung on a wooden pole along with a shield. The young page had to arrive at the shield in its centre. When hit, the whole structure would spin around and around. The page had to get away quickly without getting hit. The young man was also taught more(prenominal) civilized topics. He wo uld be taught to read and write by a schoolmaster. He could also be taught some Latin and French. The lady of the castle taught the page to sing and dance and how to behave in the king?s court. At the age of fifteen or sixteen, a boy became a squire in service to a buck. His duties included dressing the knight in the morning, serving all of the knight?s meals, caring for the knight?s horse, and cleaning the knight?s armor and weapons. He followed the knight to tournaments and assisted his lord on the battlefield. A squire also prepared himself by learning how to handle a sword and lance while wearing forty pounds of armor and riding a horse. When he was about twenty, a squire could become a knight after proving himself worthy. A lord would agree to knight him in a dubbing ceremony. The night before the ceremony, the squire would dress in a etiolated tunic and red robes. He would then fast and pray all night for the purification of his soul. The chaplain would bless the future knig hts sword and then lay it on the chapel or churchs altar. Before dawn, he took a bath to show that he was pure, and he dressed in his best clothes. When dawn came, the priest would hear the young mans confession, a Catholic contrition rite.

Essay --

Citizen Kanes director Orson come up and Double Indemnitys director Billy Wilder both used particular proposition techniques to create an intensified form of realism in their respective movies. This realism was developed in order to ensure the delivery of their films put across about human nature that people leave alone do anything if they truly feel that they can get away with it. Both directors worked to establish a domain of a function in their films that would seem believable to audiences so that their ultimate truths would have a larger impact on those who watched. Wilder used his world of film noir to peril the truth that a law-abiding man such as Walter Neff could be persuaded to commit murder with little influence because he believed that he could manipulate the brass and not receive punishment for his crime. Wells created a world that would allow for a larger than life persona such as Charles Foster Kane who mat up that he could do as he pleased and use the infl uence of his vast wealth to make it happen. Throughout the rest of this paper I will illustrate how each director used techniques associated with realism in film to show the audience why the characters believe they can act without consequence, the process in which they act, and finally that the events transpired are truthful because the audience is seeing them in retrospective. As previously stated, the thriller of Double Indemnity occurs in a world known as film noir. This style of film has very specific characteristics that let it achieve a more realistic feel to audiences than other studio productions. In Carl Richardsons book Autopsy An Element of Realism in Film Noir he states that the film style depicted life in odd ways, distorted for the sake of entertainment, but they also allowe... ...he news. The audience sees that the men have already committed their acts and are now dealing with the consequences, even though they had thought they would escape them.The hyper-reali sm that Orson Wells and Billy Wilder established in their films helped them create a believable truth for their audiences that people with do anything if they feel they can escape the consequences. The realistic film environments that they created allowed them to show an audience why their characters believed they could act this way, the process in which they acted, and finally that they had already committed the acts because the audience was merely hearing the recollection of events. The men may have not gotten the results that they had planned for, but Wells and Wilder were successful in creating a realistic world that would help their message better be received by their viewers.

Essay --

Citizen Kanes director Orson Wells and Double Indemnitys director Billy Wilder both utilise specific techniques to create an intensified form of realism in their respective celluloids. This realism was developed in order to ensure the delivery of their films message about human nature that people will do anything if they truly feel that they can get away with it. Both directors worked to establish a world in their films that would seem believable to audiences so that their ultimate truths would have a larger impact on those who watched. Wilder used his world of film noir to reveal the truth that a law-abiding man such as Walter Neff could be persuaded to commit murder with little influence because he believed that he could ensure the system and not receive punish ment for his crime. Wells created a world that would allow for a larger than life persona such as Charles comfort Kane who felt that he could do as he pleased and use the influence of his vast wealth to make it happ en. Throughout the rest of this paper I will illustrate how each director used techniques associated with realism in film to show the audience why the characters believe they can act without consequence, the bidding in which they act, and finally that the events transpired are truthful because the audience is seeing them in retrospective. As previously stated, the thriller of Double Indemnity occurs in a world know as film noir. This style of film has very specific characteristics that let it achieve a more virtual(prenominal) feel to audiences than other studio productions. In Carl Richardsons book Autopsy An Element of Realism in Film Noir he states that the film style depicted life in odd ways, belie for the sake of entertainment, but they also allowe... ...he news. The audience sees that the men have already committed their acts and are now dealing with the consequences, even though they had thought they would melt them.The hyper-realism that Orson Wells and Billy Wild er established in their films helped them create a believable truth for their audiences that people with do anything if they feel they can escape the consequences. The realistic film environments that they created allowed them to show an audience why their characters believed they could act this way, the process in which they acted, and finally that they had already committed the acts because the audience was merely hearing the recollection of events. The men may have not gotten the results that they had planned for, but Wells and Wilder were successful in creating a realistic world that would help their message fall apart be received by their viewers.

History Of Data Processing Essay

Data impact is a shop that works in many an(prenominal) different workings fields. One thing you do in info bear upon is learning to computer programming. In my shop we ar learning to program in optic Basic and QuickBasic. Programming is use to tell a computer what to do. Using code you can construct programs that can answer mathematics problems, which would take someone, old age to calculate in a brief second.In data processing we in any case learn to say process. Word processing is taking written text edition edition and being able to save and manipulate the text as desired. We also use databases in organizing large messages of information.Another thing we learn to do is make web sites, using Hypertext Markup Language (HTML).In prehistoric times Data Processing was done with no machines. Machines did not exist at this time. People had except endureed thinking, and creating ways to organize the little amount of information they had. Using many different forms of langu ages, they engraved most of their information into stone, or painted with animal fund on cave w onlys and large stones. These engravings and drawing were the first real usage of word processing, which is a large part of data processing. It was not until the first floor of written history, and the creation of machines that things could be processed a lot faster and accurately. Data Processing started to grow and have worth.During the year A.D. 300 data processing started to grow. The first true calculator was invented c aloneed the soroban, which was invented by the Chinese. A strobe was a tool made of rows of pebbles, used for basic addition and subtraction. Japan also had their witness version of the soroban, only when it was only a little different. The soroban is one of the reasons that we have calculators today.When machines were finally developed around 1886 when Charles Babbage invented the Difference Engine. This machine used gears to do math and calculated complicated th ings very quickly. Most people thought that the Difference Engine Babbage was worth nothing, but a few people thought thatit was the start of a great thing. One person who was very interested in the engine was Mr. Wilkins accounted in Babbages Journal. He talked with Babbage for days about his invention and was really the only person who thought it was progression in calculation technology. From machines wish well this we grew too better, small, and more efficient calculation tools.Present day data processing is now done mostly on a computer. Computers completely revolutionized and changed data processing. The first successful computer was invented by an American inventor during the year 1888. Herman Hollerith, who devised a punch card system, used electronic charged nails that when a card passed threw it would urinate a circuit, which another machines would read and record it. This was later used to sum up the censuses.The first digital computer was invented by John Atanasoff du ring the year 1944. Atanasoff was a mathematician and physics at the time. This computer is many times faster and is where all computers today were started and influenced by. Instead of just using analog hardw are, digital hardware. This hardware made the computer use half as much power, and made them 3 times smaller.The first general-purpose computer was growd by two engineers during the year of 1945 the computer was called Electronic Numerical Integrator And Computer (ENIAC). ENIAC was invented by Developed by John Presper and John W. Mauchly. ENIAC took up one thousand five hundred feet and was 1000 times faster then all the other computers created before it. It also consumed so much power that it would make the light in Philadelphia dim, thats how much power it would take to run it.The next really big betterment in computer took place around 1951 when Eckert and Mauchly completed a more advanced computer called UNIVAC (Universal Automatic Computer), which ended up being the fi rst commercialised computer. The first UNIVAC was installed at the U.S. Census bureau in June 1951.The types of computer we use today are called Personal Computers (PCs). Two young Americans, Steven Jobs and Stephen Wozniak, who later founded Apple Computer, Inc created PCs around 1975. These computers were much cheaper and finally became available to people. In the past, computers were only available to scientist because of the price, and how hard they were to understand how to work with them.The personal computer was later revolutionized by Bill Gates and Paul Allen in 1975 when they created the operating systems MS-DOS (Microsoft Disk Operating System) which sold more then Apple sold in one workweek then they did over a year. With their newfangled operating system they were unstoppable.Many other programs were created as time went on. One very important program that was created was the word processor. The word processor was first created in the mid 1980s which was an efficient was to organized words. It was placed in almost every computer.Many other advancement happen everyday. Computers always guessm to be getting faster and increase in memory. People also expected the computer to become bigger but in reality ended up just getting smaller and smaller over time. As time passes by more advanced, and efficient programs are created, and better operating systems invented. Who knows where the computer will end up in the future?Data processing also has many different things that are new to it. One new thing in data processing is word processing. Word processing is taking written or thought and putting the text in to a computer program which always you to print, edit, and make it look business format. Word processing can be used to create many different business standard documents. Using Microsoft Word, which is the business standard program for businesses, you can make resumes look like a million dollars, and memos looking like they were met to be written in stone. In data processing we also make an assortments of databases. Databases can be used for many different things.One-way databases (Which we create using Microsoft Access) are used, is fororganizing large sums of information and help with the processing of that information. Databases in businesss are used a lot of times to create programs for barcode machines with all the prices in the machines. Have you ever been to market basket or your local food store and looked at the screen, which sums up all of your purchases, well databases are what make that work.Data processing also has a new thing called the Internet, which is mainly made with HTML programming language. Hyper Text Markup Language (HTML) is mainly used for the Internet because you can put a lot of information into a small file. When you put a web site that was programmed in HTLM code on the Internet, that file can be downloaded very quickly over a slow Internet connection.Last but not least in data processing now uses t he computer to create worksheets. Worksheets are used to do many different things but mainly used to do accounting for a company or small business. Worksheets are a quick and easy way to sum up many different businesses accounts receivable and debit they have. thence after you figure it all out with formulas, you can chart the whole thing out and publish it so that the whole world can see it on the Internet (if you want it to be published).In conclusion, data processing has not really changed over the times it has just become faster, and more efficient. As time goes by who knows how much easier it will be to process large amount of information, we the human probably wont even any of it because it will all be done by the computer automatically. But who knows where things will go with data processing. We are always doing, and making better things.

Equality and inclusion in adult social care settings Essay

Diversity is to watch everyones differences, regardless of race, nationality, age, religion, culture, gender, beliefs, ability and talent. Each person is an individual, and by respecting this mint flock be valued on their contributions, and non subject to negative response due to their differences. Respecting and embracing heaps differences ordain allow for a bring forbidden working environment, and will make everyone get more happy. Diversity is important in the work place, as staff are employed on in that respect previous accomplishments and job skill, their personal differences do non effect the recruitment decision. Where I work we watch disparate staff members from all round the world, with different cultures, beliefs and gender, yet we all work together as a team, and every is treats each other with respect.Equality is to be respectful of others and treat people fairly, and accommodate for their needs. One of my dutys as a contain worker is to promote independence , and get the best out of the service users. I burn d ingest do this by assessing the knobs individually, and finding what makes them happy and what inspires them, this aids me when attempting make them to feel successful and equal. Equality is also promoting the individuals rights, giving them choices at every opportunity is a profound example.Read more How does equality reduce favoritismessayInclusion is all about getting people involved, and fashioning people feel respected and valued, without considering their, disability, culture, religion, gender, and age. Providing equal access and opportunitys, without discrimination. In my work place, all staff are given equal opportunity to progress, and participate in germane(predicate) training, which allows them to progress.Effects of dissimilitude include1. Affecting an individuals self esteem2. stereotyping3. feeling insulate4. labelling of others5. Harassment6. Individuals being treated less favourably than others7. Prejudic e and injusticeThe effects of discrimination can be horrible. Discrimination can leave people feeling very low, with no self-esteem. It promotes harassment, and bullying. Discrimination can lead to abuse, verbally or physically. Individuals who are subject to discrimination will experience stress, anxiety, depression, and frustration, this can make the working environment a horrible place. Discrimination is not treating people equal, and not giving them them the same opportunitys due to their age, gender, sexuality, disability or religion, resulting in an adverse effect on their personal development.Inclusive practice, revolves around having a positive attitude, and making sure your approachable at all times, and being sensitive to the individuals needs, this makes sure that no one is isolated or excluded. Being aware of the individuals diverse needs when shoping them, and making them feel valued and respected whilst promoting independence. Being aware of the effects of discriminat ion, allows a reenforcement worker to fully appreciate why it is important to promote equality, diversity and cellular inclusion.Outcome 2 (2.1 2.2 2.3 2.4 2.5)The Equality figure out 2010This is to stop discrimination and respect the rights of individual. In care services it means that you must offer the same quality of care to all regardless of race, religion colour or other protect characteristic. Implementing the Carers (Equal Opportunities) Act 2004The governance has increasingly recognised the contribution that carers make to society and has passed legislation that acknowledges their needs andentitles them to an assessment and services in their own right. In 2004, the government introduced the Carers (Equal Opportunities) Act 2004. The Act seeks to ensure that carers are identified and informed of their rights, that their needs for education, training, employment and leisure are taken into consideration and that public bodies recognise and support carers. (inclusion) (info rmation sourced from http//www.scie.org.uk/publications/guides/guide09/)Race Relations Act 1976The Race Relations Act protects you from racial discrimination. An Act to make fresh provision with respect to discrimination on racial grounds and relations between people of different racial groups and to make in the Sex Discrimination Act 1975 amendments for bringing provisions in that Act relating to its administration and enforcement into conformity with the corresponding provisions in this Act. (information sourced from http//www.legislation.gov.uk/ukpga/1976/74)Disability Discrimination Act 1995An Act to make it unlawful to discriminate against disabled persons in friendship with employment, the provision of goods, facilities and services or the disposal or management of premises to make provision about the employment of disabled persons and to establish a national Disability Council. (diversity) (information sources from http//www.legislation.gov.uk/ukpga/1995/50) The key codes o f practices include to protects the rights of the service user, and promote the services users interest, while respecting there individual needs, and diversity. To maintain the trust and confidence of the service user.By not complying with the legislation set in place, it more than likely you will be dismissed from work, and could even face prosecution. It is likely before this happens you would be constantly challenged by colleagues on your work performance. By not complying, you would be effectively initiating bad practice, and promoting bullying, racial discrimination, Prejudice and injustice. All this would take a negative effect on not just yourself, but the clients you support and colleagues. Your own beliefs, culture and values, can affect what job an individual is able to do, for a example avegetarian would not work in a slaughter house. In some cultures they do not tolerate same sex relationships, this can cause friction if sustenance an individual who is homosexual, or w orking along side a homosexual.This is why it is important to remain professional, and none judgemental. It is also important to be aware of your own personal preferences, and try hard not to impose them when encouraging service user to make a choice, for example at my current job, I will often present the clients with options of preferred activitys and asks them if they would like to participate, I have to remain as impartial as possible when coming up with the selection of preferred activitys, and make sure they are the clients preferences and not my own, this list of activitys will include walks, going to the flower shop, fluid or playing football. My personal preferences would be to play football, so I would have to be extra careful not to encouraging this, as the client may only choose that activity to please me, I may accidentally encourage playing football, just by smiling or making positive facial expression when suggesting it. This also applies when offer any form of choi ce, in some religions they dont eat pork, so when a support worker is offering a choice of food, they might not include bacon sandwiches on the menu.Being aware of your own beliefs and preferences, and respecting others is essential to maintaining good practice. Everyone has different beliefs, preferences and values. It is likely you are going to get on well with people who share the same values, and desires as yourself, oppose to people who have a different set of values, this is why it is important to maintain a professional working relationship with your colleagues and client. By adhering to relevant legislation in regard to diversity, equality, inclusion and discrimination a support worker can avoid imposing their own beliefs, values and preferences on others, and maintain good practice. When interacting with others, its important to respect their there beliefs, cultures, values and preferences. This can be done by simply by being aware of them, for example, if a client likes to stay in fare until 12am on Sundays, then do not disturb him until he wakes up. If an individual is fasting in accordance with their religion, do not keep offering food. in any case its important not to challenge someones preference, for example political differences, one person may be nationalist and the other a socialist, this outlet is best left alone as this conversation can quicklyescalate into a heated debate. It is also important to be respectful when offering options, for example, it would not be appropriate to offer a vegetarian a bacon sandwich. When allocating jobs its important to consider the clients personal preferences and beliefs, some client may find it uncomfortable to have personal care with the opposite sex, so its important to respect that and allocate appropriate staff.Inclusive practice means getting everyone involved, and making everyone part of the solution, and including them on all decision making. By adding for their specific individual needs, will ens ure everyone feels respected, wanted and value. Practices that exclude individuals, would involve activitys that only cater for one genre of people, for example a game where everyone needs to speak English, this may exclude others. Activitys that is only male or feminine oriented, this will exclude the opposite sex. Only suggesting options that are easy for the support worker to do, and not considering other people preferences, or disabilitys.Outcome 3 (31. 3.2 3.3)Challenging discrimination makes the working environment a more friendly place for everyone. It is important that all staff and other professionals challenge discrimination, and promote equality, and diversity. here(predicate) is a number of meanss that support workers can challenge discrimination in a way that promotes changes1. Zero tolerance of any form of discrimination.2. tied(p) reviews, so that everyone is aware of the repercussion of discrimination.3. All staff should have adequate training, on how not to disc riminate, and the process of reporting it if observed. Also staff should be train on how to prevent discrimination.4. If discrimination occurs, action should be taken immediately.5. Making detailed records and reporting all incidents of discrimination.6. Making sure all staff have read the code of practice and policys, that explains the practices that must not occur, in relation to discrimination.Empowering everyone with the ability to report discrimination can be a profitable prevention tactic. Setting high standards of how to not discriminate, andthen making everyone aware of this, along with how to report it, is essential. Making it clear to everyone, that you can still report discrimination even though its not yourself being discriminated. Enforcing high standards of equality and avoiding discrimination, can be done in simple ways such as having signs adjust up around the home that indicate, all residents and staff must be treated equally, and respected, and any forms of disc rimination is unacceptable, having an agreement, from all staff, and residents that mutual respect is to be expected.The easiest way to jaw awareness of diversity, equality and inclusion is simply talking about it, the more people talk about it, the more they become aware of it. nurture all staff in the subject will also promote awareness, and spark of more discussions. The more people discuss the matter, and bring their different sound judgement to the discussion the more aware people become, they then will implement these experiences into everyday practice. Providing policies and procedures and even leaflets highlighting the information regarding diversity and equality can raise awareness, to a support worker Detailing what the consequences are, of not following the agreed ways of working can also be helpful in promoting awareness.When supporting others to promote diversity, equality and inclusion, its best to simply set an example. Supporting others irrespective of their age, sex, culture, or religious beliefs. Getting everyone involved and respecting and celebrating their differences. Also reminding people of the challenges disabled people may face, for instance, when a residents family member decided to visit, who was in a wheel chair, I simply reminded my colleagues that she might struggle up the stairs, and instructed them to put the ramp out before she arrived.

Hawkins V Clayton Case Summary

Hawkins v Clayton 1988 HCA 15 (1988) 164 CLR 539 (8 April 1988) High judicial system of Australia Case Title HAWKINS v. CLAYTON 1988 HCA 15 (1988) 164 CLR 539 F. C. 88/012 Medium Neutral Citation1988 HCA 15 Hearing Date(s) 1987, May 13 1988, April 8 Decision Date20 June 2011 Jurisdiction High Court of Australia soonerC. J Mason J. Wilson J. Brennan J. Deane J. Gaudron Catchwords Negligence Duty of care Solicitor Will held by solicitor Failure to inform executor of death of testator and of contents Whether obligation to do so Loss to estate caused by executors ignorance of death Measure of indemnification.Limitation of professions Tort Accrual of cause of attain Running of time Commencement unwrap by solicitor of duty of care to inform executor of testators death Loss to estate caused by executors ignorance of death Limitation Act 1969 (N. S. W. ), s. 14(1). Legislation Cited Limitation Act 1969 (N. S. W. ), s. 14(1) Wills, Probate and Administration Act 1898 (N. S. W. ), s. 150 s. 32 of the Wills, Probate and Administration Act s. 61 of the Wills, Probate and Administration Act Cases Cited Central Trust Co. v. Rafuse (1986) 31 DLR (4th) 481, at p 521Bowen v. Paramount Builders (1977) 1 NZLR 394, per capital of Virginia P. , at p 407 Central Trust Co. v. Rafuse (1986) 31 DLR (4th) 481, at p 521 Bowen v. Paramount Builders (1977) 1 NZLR 394, per Richmond P. , at p 407 Voli v. Inglewood Shire Council 1963 HCA 15 (1963) 110 CLR 74, at p 85 Midland Bank v. Hett, Stubbs and Kemp (1979) Ch 384, at pp 402-403 Hedley Byrne & Co. Ltd. v. Heller & Partners Ltd. 1963 UKHL 4 AC 465 marshall v. Broadhurst (1831) 1 C & J 403 1831 EngR 151 (148 ER 1480) Balch v. Symes 1823 EngR 362 (1823) Turn & R 87, at p 92Aeblys Will (1941) 29 NYS 2d 929, at pp 931-932 affirmed (1941) 31 NYS 2d 664 Georges v. Georges 1811 EngR 446 (1811) 18 VesJun 294 (34 ER 328) Lord v. Wormleighton 1822 EngR 477 (1822) Jac 580, at p 581 1822 EngR 477 (37 ER 969) Estate of Harvey (190 7) P 239 Goods of Shepherd (1891) P 323, at p 326 Hollis v. Smith (1808) 10 eastern 293, at p 295 (103 ER 786, at p 787) Meyappa Chetty v. Supramanian Chetty (1916) 1 AC 603, at pp 608-609 Ryan v. Davies Bros. Ltd. 1921 HCA 53 (1921) 29 CLR 527, at p 536) Pinchons Case 1572 EngR 289 (1611) 9 CoRep 86b, at p 88b 1572 EngR 289 (77 ER 859, at p 863)Texts Cited Sir James Stephen, A History of the Criminal Law of England (1883) Parties Representation Counsel File number(s) DECISION The case of Hawkins V Clayton was the result of a assault of duty by the solicitors of the testator, Mrs Brasier, and to the executor of the estate, Mr Hawkins. The solicitors were in custody of Mrs Brasiers will and seemingly were not aware of the testators death for well-nigh time as they had written letters to her regarding her will in September 1978 and August 1979 with no response.After the commencement of the action taken up by Mr Hawkins, he had passed and his widow and executor continued the action as she had become Mrs Brasiers executor by devolution. Mr Hawkins and his family had lived with Mrs Brasier as a tenant in her home at Blakehurst, sometime during August 1973 Mr Hawkins and Mrs Brasier had had a disagreement and the Hawkins family had left the Blakehurst house. It was determined that Mrs Brasier had spoken with Mr Hawkins about his appointment as executor but had not corroborate it once the will was written.After August 1973 Mrs Brasier had contact the solicitors to make a new will but had not carried out the changes and the solicitors had not had any instructions from her since. After the death of Mrs Braiser, her nephew, Ronald deliver had taken up residence in her house and had not paid any rent or maintained the property. Mr Lamb had contacted the solicitors and had represented to them that Mr Hawkins had disappeared and requested payment out of the estate for funeral expenses.Some years later, Mr Hardwick who had been overhaulling the matter had retired an d upon the retention of new solicitors from the Executor, had rendered an account for services provided to the estate. This case was heard in the High Court of Australia on appeal from the judgment handed down from the Supreme Court of New South Wales. In the judgment from the Supreme Court, it was rear that the Statute of Limitations had barred the solicitors from being found guilty of a breach of duty of care.The High Court Judges had not reached a unanimous closing regarding the duty of care owed to the executor. Mason C. J and Wilson J found that there was no duty of care owed to Mr Hawkins and suggested the appeal be dismissed, on the other hand Brennan, Deane, Gaudron JJ had found that there had been a breach of the duty owed to Mr Hawkins, and that the Limitations Act would not affect any claim of such a breach as the breach did not occur at the time of the death of Mrs Braiser but from when the Solicitors found out of her death.There was argument that the resultant damages incurred by Mr Hawkins was caused by his ignorance of the will and his ill fortune to administer the estate it was however found that the damages were indeed caused by the lack of the solicitors to promptly notify Mr Hawkins of his interest in the estate and his role as executor. Brennan, Deane, Gaudron JJ ordered that damages be paid by the respondents though as the damages had not been quantified, they all agreed that the parties should discuss and agree to the amount of damages payable, if the parties could not agree to an amount, the Supreme Court of NSW would determine the costs owed.The final orders as found in the judgment are as follows 1. the appeal to that Court be allowed with costs 2. the judgment of Yeldham J. be set aside 3. in lieu thereof judgment be entered for the plaintiff for damages to be assessed 4. the action be remitted for determination by a judge of the Supreme Court and 5. the defendants to pay the plaintiffs costs to be taxed.

Young Goodman Brown

Though each character was put into troika completely different situations, each one had a actually similar way of dealing with his own problem. They all stuck to their own opinions regardless of how it affected each of them as an individual. In A & P, Sammy did not let Lange splatter him out of quitting his Job as cashier even though it cost him his employment (Uptake, par. 30). He clung to his beliefs and left Just as boylike Goodman did when he run aground his fellow towns people assembled in the fo equilibrium to worship Satan (Hawthorne, par. 6). He could have conformed to the grouping and joined the worship, but instead he did what he snarl was right despite the situation that with leaving the forest he would lose everyone he cared for. Likewise, former(a) humans Warner could very well have adapted to the rest of the small towns and got rid of the drawing off, but he believed that the lottery fulfilled a decide and was clamant on having it though, he could quite p ossibly be the following villager to lose his/her life (Jackson, par. 30).In dividing line to the similar ways they handled their situations, each character has different purpose for the decision they settled upon. Sammy did not quit his Job because he felt like Lange was beingness unfair to the bikini girls, but he hoped that the arils would appreciate his valorous efforts and he would receive three lovely ladies as a reward for his deed (Uptake, par. 31). Goodman brownish made his decision because he felt betrayed by his friends and believed that they were In the wrong.He kept his faith and deserted what he was against (Hawthorne, par. 67). Lastly, oldish Man Warner was against the getting rid of the lottery because the system worked for him. He was used to the tradition and It had neer failed him so he saw no reason to suppress this well-known(a) ritual (Jackson, par. 40). The last-place bank line between the characters of these three stories Is how their decisions aff ected them In the end.Men of Principle A & P, Young Goodman Brown, and The Lottery By Qualification Lottery, and mining Goodman Brown, Sammy, Old Man Warner, and Goodman Jackson, par. 30). Felt betrayed by his friends and believed that they were in the wrong. He kept his used to the tradition and it had never failed him so he saw no reason to annihilate this well-known ritual Jackson, par. 40). The final contrast between the characters of these three stories is how their decisions affected them in the end.Young Goodman BrownThough each character was put into three completely different situations, each one had a very similar way of dealing with his own problem. They all stuck to their own opinions regardless of how it affected each of them as an individual. In A & P, Sammy did not let Lange talk him out of quitting his Job as cashier even though it cost him his employment (Uptake, par. 30). He clung to his beliefs and left Just as Young Goodman did when he found his fellow towns pe ople assembled in the forest to worship Satan (Hawthorne, par. 6). He could have conformed to the group and joined the worship, but instead he did what he felt was right despite the fact that with leaving the forest he would lose everyone he cared for. Likewise, Old Man Warner could very well have adapted to the rest of the small towns and got rid of the lottery, but he believed that the lottery fulfilled a purpose and was insistent on having it though, he could quite possibly be the next villager to lose his/her life (Jackson, par. 30).In contrast to the similar ways they handled their situations, each character has different purpose for the decision they settled upon. Sammy did not quit his Job because he felt like Lange was being unfair to the bikini girls, but he hoped that the arils would appreciate his valiant efforts and he would receive three lovely ladies as a reward for his deed (Uptake, par. 31). Goodman Brown made his decision because he felt betrayed by his friends and believed that they were In the wrong.He kept his faith and deserted what he was against (Hawthorne, par. 67). Lastly, Old Man Warner was against the getting rid of the lottery because the system worked for him. He was used to the tradition and It had never failed him so he saw no reason to annihilate this well-known ritual (Jackson, par. 40). The final contrast between the characters of these three stories Is how their decisions affected them In the end.Men of Principle A & P, Young Goodman Brown, and The Lottery By Qualification Lottery, and mining Goodman Brown, Sammy, Old Man Warner, and Goodman Jackson, par. 30). Felt betrayed by his friends and believed that they were in the wrong. He kept his used to the tradition and it had never failed him so he saw no reason to annihilate this well-known ritual Jackson, par. 40). The final contrast between the characters of these three stories is how their decisions affected them in the end.Young Goodman BrownThough each character was put into three completely different situations, each one had a very similar way of dealing with his own problem. They all stuck to their own opinions regardless of how it affected each of them as an individual. In A & P, Sammy did not let Lange talk him out of quitting his Job as cashier even though it cost him his employment (Uptake, par. 30). He clung to his beliefs and left Just as Young Goodman did when he found his fellow towns people assembled in the forest to worship Satan (Hawthorne, par. 6). He could have conformed to the group and joined the worship, but instead he did what he felt was right despite the fact that with leaving the forest he would lose everyone he cared for. Likewise, Old Man Warner could very well have adapted to the rest of the small towns and got rid of the lottery, but he believed that the lottery fulfilled a purpose and was insistent on having it though, he could quite possibly be the next villager to lose his/her life (Jackson, par. 30).In contrast to the similar ways they handled their situations, each character has different purpose for the decision they settled upon. Sammy did not quit his Job because he felt like Lange was being unfair to the bikini girls, but he hoped that the arils would appreciate his valiant efforts and he would receive three lovely ladies as a reward for his deed (Uptake, par. 31). Goodman Brown made his decision because he felt betrayed by his friends and believed that they were In the wrong.He kept his faith and deserted what he was against (Hawthorne, par. 67). Lastly, Old Man Warner was against the getting rid of the lottery because the system worked for him. He was used to the tradition and It had never failed him so he saw no reason to annihilate this well-known ritual (Jackson, par. 40). The final contrast between the characters of these three stories Is how their decisions affected them In the end.Men of Principle A & P, Young Goodman Brown, and The Lottery By Qualification Lottery, and mining Goo dman Brown, Sammy, Old Man Warner, and Goodman Jackson, par. 30). Felt betrayed by his friends and believed that they were in the wrong. He kept his used to the tradition and it had never failed him so he saw no reason to annihilate this well-known ritual Jackson, par. 40). The final contrast between the characters of these three stories is how their decisions affected them in the end.