Tort of Negligence Essay Example | Topics and Well Written Essays - 2750 words

Tort of Negligence - Essay Example Per say the concept of negligence doe not refer to an act. Actually it is a legal concept that tends to define the basic character of an act so as to prove it to be legally wrong. As per Blyth vs. Birmingham Waterworks Co. (1856), â€Å"Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do.† However, once the concept of negligence came within the scope of the English Tort Law, the next logical and plausible challenge was to decide as to what qualifies to be termed as ‘ordinary care† and what was to be the nature and basis of the measure required to decide as to whether an act committed by an individual, organization or a group amounted to negligence. In that context, one needs to mention the much famous concept of ‘the man on the Clapham Omnibus’. ... The ‘man on the Clapham Omnibus’ represented a hypothetical person who is in general reasonable and well educated without being qualified enough to be called a specialist (Twining 64). ‘The man on the Clapham Omnibus’ represented the standard of reasoning with which to gauge a defendant’s conduct in an English Law Civil Action for Negligence. The hallmark of this concept was that it delineated and put in place a standard for ascertaining and establishing the charges of negligence on a defendant. It established a general standard of care expected of any English citizen while performing varied aspects of one’s personal or professional life. The real beauty of this standard is that it tends to be reasonable yet simple in its approach and tends to bring the legal concept of negligence within the grasp and scope of the so called common man. The very fact that this standard of care does not expect perfection on the part of ascertainers obliterates an y possibility on the part of the defendants to wriggle out of the clutches of law by resorting to technical jargon and rigmarole. It is also immensely humane and pragmatic in the sense that it do recognizes the fact that an average person lacks the foresight to foresee any risk accruing by the dint of one’s actions. Still, it is astutely responsible and practical in the sense that it enjoins on the average person the duty to be ordinarily prudent and careful, without tending to be unexceptionally or unrealistically flawless. There is no denying the fact that even the most virtuoso experts in jurisprudence do tend to overlook and appreciate the sophistication and beauty inherent in the concept of ‘the man on the Clapham Omnibus’. However, the reality is that this legal idiom not only validated the concept

The last days of dogtown by Anita Diamant Essay Example for Free

The last days of dogtown by Anita Diamant Essay Introduction   Ã‚  Ã‚  Ã‚  Ã‚   The last days of dogtown is a novel written by Anita Diamant. The purpose of the novel is to express the level of morality of life in the American society during the 19th century. The author reveals life in the 19th century as sad but at the same time thoughtful. The last days of dogtown is a community set in an exotic landscape with a group of different and surprising characters. These characters are depicted as residents who are threatened or damaged by the ill wills of the outside world. Diamant portrays life in dogtown as cruel expressed through poverty and witchcraft. Residents in the last days of dogtown are oppressed by ignorance, poverty, illness and racial inequality. It is set in a dying town in Massachusetts during the 19th century. (Diamant Anita 52)   Ã‚  Ã‚  Ã‚  Ã‚   Dogtown was a name associated with a roaming pack of wild dogs. The wild dogs roamed above the hills of a dying town in Massachusetts. The author portrays dogtown as a refuge place from cruelty and tragedies in the world. However, the decline of morality in dogtown presents other small tragedies which are set off by the residents. Dogtown which acts as a refuge from cruelty in the world presents a settlement space in which residents can live without being damaged or threaten. However dogtown does not fulfill its role since it is portrayed as an open prison where residents are faced by prejudice and other negative influences of the outside world. (Rossi, Mark, Howard 75). The roaming pace of dogs is used to illustrate the large number of people spreading rumor around the town about their townspeople. The spread rumours of presence of witches and whores in the town. Although the rumours are of factual their volume increases when more tongues wag around the town. Residents in this town have made it their business to express the most well hidden secrets of their town’s people. Diamant introduces the character in dogtown in a very confusing manner, creating complex relationships among them. These relationships are tested by the ill wills of the American society. The women in this society are presented as witches, whores or with weird behaviors. The man is depicted as brutal and cruel who shows no respect for the women. All the residents in dogtown have suffered different misfortunes from the brutal society. For example, the thwarted love of a free African woman by a local racist. Dog town’s poverty and misfortune pushes them into different destines. Slavery, alcoholism, poverty, sexuality, prostitution and racial tension have been used to create an immoral American society, in which residents are faced with brutal and cruel misfortunes. Conclusion   Ã‚  Ã‚  Ã‚   The authors major conclusion is that she expresses the possibility of loving even in the most brutal and cruel conditions. In this town, residents behave like a pack of wild dogs, by huddling together with a dedication to survive and live with hope. By coming together, they search for warmth and safety. Although comfort and kindness are hard to find, these people huddle together and are to survive. The author shows the great immorality depicted in the American society during the 19th century expressed in form of alcoholism, poverty, prostitution, racism, sexuality and canine behavior. The author tries to show that people can come together and outcome even the cruelest conditions in the world. The possibility of creating love in such an environment can create harmony by demonstrating kindness and affection. (Diamant Anita 107). Works Cited Diamant Anita. The last days of Dogtown. Simon Schuster, 2006. Diamant Anita. The Red tent: A novel: Tenth-Anniversary Edition. Picador, 2007 Rossi, Peter H, Mark W. Lipsey, Howard E. Freeman. Evaluation: Systematic approach, sage, 2004.

Scheme of Remedies for Misrepresentation

Scheme of Remedies for Misrepresentation In pre-contractual negotiations, one party (the Representor) may make representations to another party (the Representee), which relate, by way of affirmation, denial, description or otherwise, to a statement of fact or present intention. If the representations made are untrue, they may be termed misrepresentations. The Representor may know that the statements are untrue; or they may be careless or reckless as to their truth. Alternatively, the Representor may hold an honest belief as to truth of the statements made. Generally there is no positive duty to act honestly in English Law a misrepresentation cannot be made by silence and even where one party proceeds, fully aware that the other is contracting on the basis of a misunderstanding of some fact, English law does not provide for a remedy. The exceptions are where the facts given are a half-truth, or where a statement is made, circumstances change and the maker of the statement fails to disclose this. Further exceptions are where a contract, such as one for insurance, is treated by the law as being of the utmost good faith and requiring the contracting party to disclose all relevant facts; or where the contract involves a fiduciary relationship such as between a company and its promoters. European Law, by contrast, imposes a positive duty to act in good faith and fair dealing, both during the course of negotiations and where a contract is concluded. It allows avoidance of the contract for fraudulent (deceitful) non-disclosure of information which, in accordance, with the principles of good faith and fair dealing, a party should have disclosed. The duty extends to situations where a contract is not even concluded: for example, where negotiations break down, or where one party is time wasting. This positive duty to act in good faith is common in other jurisdictions, including some common law systems. The scope of remedies for misrepresentation in English law depends on the type of misrepresentation that has occurred. Where the misrepresentation is fraudulent, the law sees the Representor as more blameworthy and the level of damages is not limited by, for example, remoteness, the duty to mitigate, and contributory negligence. The reasons for imposing wider liability on the intentional wrongdoer than on the innocent misrepresentor are certainly moral, but as Lord Steyn notes, the law and morality are inextricably interwoven and, to a large extent, the law is simply formulated and declared morality. It seems ironic, therefore, that there is no remedy whatsoever are where one party deliberately fails to disclose a material fact: an action that is intentionally dishonest, immoral and surely equally blameworthy. To be blameworthy means to be at fault or deserving of blame: from a moral standpoint, it implies conduct for which a party is guilty and deserves reproach or punishment. However, there is a logical consistency to, and a general policy of, not punishing intentional wrongdoers by civil remedies in English law: the primary remedy for civil wrongs is to provide compensatory damages, measured by the claimants loss; and the aim of providing a remedy, frequently cited, is to put the claimant into as good a position as if no wrong had occurred. However, the principles by which the remedies for fraudulent misrepresentation have developed do appear to go beyond this, having a punitive nature in their application. Fraudulent Misrepresentation Where the Representor makes a statement of fact (or a statement of intention, which involves a representation as to the existence of the intention which is itself a present fact) either knowingly, without belief in its truth, or recklessly, i.e., careless as to whether it is true or false, and this fact, being material, induces the other person to enter into the contract, this is a fraudulent misrepresentation. It does not matter that the Representee could have discovered the truth or spurned the opportunity to do so. The test as to whether fraudulent misrepresentation has taken place is whether there is an absence of honest belief; and honesty in this context refers to a subjective appreciation of events. The fact that the statement would not convince a reasonable person does not necessarily make it dishonest; however, where the statement is made recklessly or carelessly, the Court may make a finding of dishonesty, in that the person in question could not reasonably have believed in the truth of their statement. In all cases of fraudulent misrepresentation, however, dishonesty is a crucial factor damages cannot be claimed in deceit on the basis of recklessness alone since the basis of deceit is dishonesty. Where the misrepresentation is fraudulent, the Representee may rescind the contract a remedy available for nearly all types of misrepresentation and he may also recover any benefits that the Representor has enjoyed as a result of the contract being made, prior to the contract being rescinded. The Representee may also claim damages in the tort of deceit, and as noted, the damages are intended to restore the victim to the position he was in before the representation was made. The test for damages in fraud is one of direct consequence, rather than foreseeability, with damages being divided into two categories diminuation in value and consequential losses. Similar to damages for negligence, the House of Lords have confirmed that the Representor will be responsible for a sum representing the financial loss flowing directly from his alteration of position under the inducement of the fraudulent representations of the defendants. Unlike for negligence, however, the damages do not need to be foreseeable; as long as they have been caused by the transaction. This demonstrates that the Representors blameworthiness is important since the benefit of limiting liability to only foreseeable damages is not permitted to the dishonest person as it would be if the representation was made negligently: per Lord Denning in Doyle v Olby, it does not lie in the mouth of the fraudulent person to say that they could not have been reasonably foreseen. This decision was reaffirmed in Smith New Court. Further, the fact that the Representee had every opportunity to avoid the contract or transaction in question, or could have taken proceedings to rescind it, or asserted his rights to have it treated as void in proceedings brought to enforce it, does not bar his claim for damages. Once again, where dishonesty is involved, the law does not allow the misrepresentor any opportunity to reduce his liability, even where there is fault on the part of the Representee. Similarly, the contributory negligence of the Representee does not apply to reduce damages for the tort of deceit. Again, this feature has been applied because the tort involves dishonesty; regardless of the contributory negligence of the Representee, the Representor will have to pay for all damages because the law views him as blameworthy and cannot justify restricting his liability as a result of this. The Representee may also claim for consequential losses, although he is obliged to take all reasonable steps to mitigate those losses on discovery of the fraud. The type of damages that may be awarded to the Representee may include both special and general damages, as for A v B, where the claimant Representee was entitled to an award of  £7,500 in respect of general damages for distress even though his distressed state had not required medical attention. Although the potential heavier damages available to claimants may make a claim in fraudulent misrepresentation seem more attractive, it may be difficult to prove the Representors dishonesty and failure to succeed may result in an action for defamation; a claim under Section 2(1) of the Misrepresentation Act 1967 (MA1967) is more likely to be pursued for these reasons since the remedies available are similar. Negligent Misrepresentation The misrepresentation may alternatively give rise to an action for damages in the tort of negligence, if the statement is made (a) knowingly, (b) without belief in its truth or (c) recklessly, careless whether it be true or false; and a special relationship exists between the parties. A finding of dishonesty is not necessary: provided that it can be established that there is reasonable foreseeability of reliance on the statement and of the harm caused by that reliance. As established in Hedley Byrne, the Representor has a duty of care to do all that is reasonable to make sure their statement is accurate, regardless of the existence of a fiduciary or contractual relationship; only a sufficient degree of proximity between the parties is necessary for an action to be sustained. Such proximity would arise in professional relationships, such as those made with barristers and estate agents, and also in purely commercial transactions where the Representor has superior knowledge and experien ce to that of the Representee and it is reasonable for the Representee to rely on statements made by them. In all cases, it must be just and reasonable for the duty of care to be imposed. The remedies available to the Representee are rescission of the contract and damages in the tort of negligence; and, unlike a claim for fraudulent misrepresentation, damages will be subject to a test of reasonable foreseeability. The Court may however take account of benefits that the claimant has missed out on as a result of the misrepresentation. Despite the difficulties in establishing negligence, it should be noted that actions for negligent misrepresentation have the advantage that they are not limited to misrepresentations that induce contracts; nor are they limited to statements of fact. A parallel can be drawn with principles of European law, which recognise liability for losses during the process of negotiation, even if a contract is not made. However, whereas for negligent misrepresentation in English law a duty of care must be established, in European law no such duty is required. Such losses in European law include those incurred as a result of failure to act in good faith and fair dealing; a positive duty imposed on the parties, which may include failure to disclose pertinent information. Section 2(1) Misrepresentation Act 1967 More commonly, an action for misrepresentation will be made under Section 2(1) of the MA1967 where the misrepresentation results in a contract. Unlike an action in negligence, which requires the Representee to prove that a duty of care existed, the burden of proof is reversed: the Act requires that the Representors prove they had reasonable grounds to believe, and did believe up the time the contract was made, that the facts represented were true, and unless they can do this, they will be liable. This can be difficult to prove: a mere honest belief is not enough. Remedies available to the Representee are similar to those available for fraudulent misrepresentation unless the Representor is able to discharge this burden of proof (and if the Representor can discharge the burden, the Representee may still plead innocent misrepresentation with its consequent remedies). Effectively then, per Royscot Trust Ltd, damages in respect of an honest but careless representation are to be calculated as if the representation had been made fraudulently: this has attracted much criticism as it means in effect that the Courts are required to treat a person who is morally innocent as if he was guilty of fraud. However, under Section 2(1) the loss recoverable does not go beyond the consequences that arise from the negligent misrepresentation: this is narrower than the recoverable loss permitted for fraudulent misrepresentation per Doyle v Olby. In addition, unlike damages for fraudulent misrepresentation, the Court may reduce the sum if there is evidence of contributory negligence on the part of the Representee. The damages under Section 2(1) will be based on direct consequence (as for the tort of fraud/deceit) rather than what was reasonably foreseeable (as for the tort of negligence). In Royscot Trust, the Court of Appeal held that the correct measure of damages was based on the tort of deceit and that the Plaintiff was entitled to recover all losses even if those losses were unforeseeable, provided they were not otherwise too remote. Therefore, the measure for damages for innocent misrepresentation under Section 2(1) is the same measure as for fraudulent misrepresentation. This has since been questioned, however, and in Smith New Court Securities, Lord Steyn asked whether it was correct to treat a person who was morally innocent as if he were guilty of fraud when it comes to the measure of damages. This measure seems incorrect: especially as, per Avon v Swire (where representations as to the future were presented as statements as to existing intention), the section may be used to produce damages on a scale commensurate with fraud where otherwise the contract would allow no damages in the event of breach and there would be no damages for negligent misrepresentation in tort. Innocent Misrepresentation Where the statement made is innocent, in that there is no provable fault, the remedy is rescission of the contract unless the Court awards damages at its discretion under Section 2(2) MA1967; alternatively it may award rescission with an indemnity; the aim of the Court in all cases being not to unjustly enrich the Claimant. The equitable remedies that the Court may award discretionarily may include the setting aside of a deed or other instrument and the restitution of property, with any pecuniary adjustment that might be necessary on either side by way of accounting for profits or allowance for depreciation. Although there is no indication as to the level of damages, it is considered that this should be lower than the damages awarded under Section 2(1), as implied by Section 2(3). The Court exercises its discretion in accordance with the principles of equity and so there may be no remedy offered if the facts as a whole make it inequitable to grant the relief, or if there is improper conduct or suggestion of a harsh bargain on the part of the Representee. Mispresentation and blameworthiness: considerations It has been noted that misrepresentations can be made intentionally, carelessly or recklessly, or innocently. In each case, there is a remedy for the Representee; but the value of that remedy varies based on several factors. We have seen that where fraudulent misrepresentation is proved (for which dishonesty is required), the level of damages awarded may be far greater than for other types of misrepresentation: the Representor must pay all financial losses flowing directly from the misrepresentation. There are few limits to this: the damages do not need to be foreseeable and matters of the Representees conduct, such as the fact that he had the ability to avoid the contract or to discover the dishonesty, does not bar his claim. Similarly, his contributory negligence is irrelevant to the calculation of damages. The only restriction is that Representee needs to take reasonable steps to mitigate his consequential losses. Following the recent case of A v B, we have also seen that general damages may be available for distress suffered, even though this is not medical. Under the MA1967, we have seen that a Representee can claim damages on a scale commensurate with fraud even where the representation was innocent, although these will be limited by any contributory negligence. It seems unjust that the Representees contributory negligence is ignored in fraudulent misrepresentation: this is fault per se on the part of the Representee and if the reason for allowing wider damages is blameworthiness, surely the blameworthiness of the Representee must also be a consideration. The European approach of considering all circumstances, including, but not limited to, whether the Representee could reasonably acquire the information, seems fairer. The flexibility of this approach, in contrast to the unlimited scope of damages in English Law permitted for fraudulent misrepresentation, may demonstrate a better approach to the calculation of damages. The European approach may be contrasted to awards made for innocent misrepresentations in English law, which follow equitable principles; in such cases the conduct of all parties is taken into consideration before reaching a decision. The fault of both parties is balanced in order to reach a decision that is fair to both, and such a system would make a more just compromise between the heavy benefits of a successful claim for fraudulent misrepresentation. It has also been noted that it is entirely illogical that the law should take such an iron-handed approach where the Representor makes a positive statement which he knows to be incorrect; but provide no remedy whatsoever when the same person dishonestly fails to disclose a material fact that he knows would have a material bearing on the contract. James notes that the EU is taking tentative steps towards the abolition of national contract laws of member states, and the replacement with a single European code. If this happens, we will see the introduction of a positive obligation to act in good faith, both in pre-contractual negotiations and in the formation of contracts. This obligation on contracting parties to be open with each other in negotiations is foreign to English law; it has previously been avoided because of principles of contractual freedom and economic efficiency. However, a model which requires honesty and diligence on the part of both parties, and provides for remedies to either party where there is a loss to be made good, with each partys conduct assessed for fairness, seems a far more balanced approach than the present system of remedies in English law for misrepresentation, and accords more with the principle of restitutio in integrum that is inherent throughout our contract law system.

Ozone :: essays research papers fc

Ozone   Ã‚  Ã‚  Ã‚  Ã‚  Triatomic oxygen, O3, is most commonly known as ozone. It has a resonance structure, and can be drawn in two different ways:   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  O=O-  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  O-O=O It is a bluish, explosive gas at room temperature, and has a boiling point of -119 °C. It has a melting point of -193 °C, and is a blue liquid. It's critical temperature and pressure are -12.1 °C and 53.8 atm, respectively. It has a pleasant odor in concentrations of less than 2 ppm, and is irritating and injurious in higher concentrations. The density of ozone gas is 2.144 g/L, and the density of ozone as a liquid is 1.614 g/mL. It is extremely unstable, and solutions containing ozone explode upon warming. It is found in varying proportions on Earth, but it is about 0.05 ppm at sea level.   Ã‚  Ã‚  Ã‚  Ã‚  Ozone absorbs harmful ultraviolet radiation in the upper atmosphere, and protects humans from skin cancer. But ozone is also the main ingredient of smog, and causes serious health effects and forest and crop damage in the lower atmosphere. Ozone is formed through the chemical reaction of volatile organic compounds and nitrogen dioxide, in the atmosphere, in the presence of sunlight. This reaction is called a photochemical reaction, because sunlight is required. The product is known as smog. The notorious brownish color of smog is due to nitrogen dioxide of the mixture. Increased temperature stimulate the reaction, which is why ozone conditions are worse in the summer. It is an oxidant, meaning it takes electrons away from other molecules, and disrupts key structures in cells by starting chain reactions.   Ã‚  Ã‚  Ã‚  Ã‚  Ozone is a serious national problem. Half of the largest urban areas in the United States exceed the ozone standards. The worst regions in the US include California and the Texas Gulf coast, and the northeast and the Chicago- Milwaukee area during the summer. The ozone condition varies from year to year, as the temperature and weather fluctuate. This fluctuation also occurs throughout the day, as emissions from morning traffic builds up, the levels rise. Ozone emissions come from many things, such as automobiles, gas stations, power plants, dry cleaners, paint shops, chemical manufacturing pants, oil refineries, and other business that release volatile organic compounds.   Ã‚  Ã‚  Ã‚  Ã‚  The health effects of ozone are chest pain, coughing, wheezing, lung and nasal congestion, labored breathing, sore throat, nausea, rapid breathing, and eye and nose irritation. The symptoms occur when the levels of ozone are only slightly higher than the legal standard. Living in San Diego during my elementary school year, I personally felt the effects of ozone; the tightness of the chest, wheezing, and labored breathing on certain hot, humid days.

Prevention of Terrorist Acts by Private Security Essay

Introduction The local public law enforcement agencies are aware and have recognized the fact that singly, they cannot cover the vast geographical area of their respective jurisdictions and enforce effective policing duties. They are limited in numbers, expertise and resources. For this reason, they have employed the services of the private sector specifically the members of the communities and forged with them agreements for assistance and collaboration in crime fighting and public disorder. In fact, the 1990s marked the emergence of a new mode of delivery of services in the public sector—law enforcement area. This mode of service delivery gave law enforcement an opportunity to employ resources and expertise which were not otherwise available to them before under the collaborative partnership and shared responsibilities with the private sector and communities (Morabito and Greenberg, 2005). Even the government has recognized the importance of assistance from the private sector. Thus, this growing recognition was no longer limited locally but has spread across the states and the federal government. With financial support from the U.S. Department of Justice, Office of Justice Programs’ Bureau of Justice Assistance (BJA), the Association of Chiefs of Police (IACP), National Sheriffs’ Association, and American Society for Industrial Security International joined efforts for the state and local to start a partnership with the private sector, specifically the private security organizations denominated as â€Å"Operation Cooperation† (Morabito and Greenberg, 2005). This partnership however, was limited to crime fighting and public disorder. A growing success was noted in these partnerships and continued efforts are exerted to thresh out some identified problem areas. The September 11 terrorist attacks brought a new awareness and rekindled the imperative need for local law enforcement and private security organizations to work together to fill the gap for homeland security and in preventing terrorism (Morabito and Greenberg, 2005). By reason of the success rate in the partnership between the private sector and the law enforcement in terms of peace and order, private sector was again requested to pitch in its efforts to help in combating terrorist attacks. After the summit in 2004, private security organizations were called upon to organize and develop as community counterparts in assisting law enforcement agencies. The U.S. Department of Justice holds the opinion that community policing has the same direct effect on counter terrorism strategies. â€Å"These include the use of crime mapping with GIS systems, data collection and analysis protocols, and technologies that may be used as platforms for gathering intelligence to assess terrorism vulnerability. In addition, the community partnerships formed by police in the course of community-oriented problem solving provide a ready framework for engaging citizens in helping police to identify possible threats and implement preparedness plans† (Docobo, 2005). Community policing affords the opportunity for law enforcement agents to have knowledge of activities in their respective territorial jurisdictions which can assist in counteracting terrorist activities. These crime prevention partnerships has proven effective through the years and for which reason, this has inspired a similar idea with respect to terrorism especially after the September 11 terrorist attack. Thus, public law enforcement-private security partnerships are now thought of as being replicated as to apply to homeland security and counter terrorism. For instance in New York, Area Police/Private Security Liaison was created to enhance mutual cooperation between law enforcement and private security primarily for exchange of information. This gives the New York Police Department a vast network and thus facilitating information reports on security updates and terrorists news bulletin (Morabito and Greenberg, 2005). Terrorism in the United States is characterized by inflicting harm and damage to a great number of people all at once. For this reason it is crucial to forge partnerships and mutual collaboration with private security organizations to be able to cover that large territory. The country’s infrastructure is protected by private security organizations while the law enforcement agencies receive information regarding threats thus either one cannot protect alone (Morabito and Greenberg, 2005). Infrastructure as defined by the 9/11 Commission as to include telecommunications and communication networks, buildings, energy facilities, etc. (9/11 Commission, 2004). Based on statistical estimates made by 9/11 Commission in its Final Report, at least 85% of the infrastructure is owned by the private sector and is protected by a number of private security agents which far exceed the number of law enforcement officers and agents (9/11 Commission, 2004). Private security organizations can perform civic duties in providing assistance in evacuation, food and transport in emergencies (Morabito and Greenberg, 2005). There is also information sharing and close coordination with other private security practitioners and law enforcement agents which leads to exchange of information, access to others, exposure, training, and familiarity with the needs of each sector, i.e. private security and public law enforcement (Morabito and Greenberg, 2005). There is a more creative manner of solving problems and a marked reduction in response time to disasters. There were many advisory committees both public and private institutions that embarked on studies to find out how to protect the U.S. homeland security. There was uniformity in their findings that there is lack of homeland security strategy, defects in â€Å"governmental organization and processes in dealing with threats to national security† (Parachini, Davis, Liston, 2003). After the September 11, President Bush created the Office of Homeland Security and also established the Homeland Security Council as an inter agency coordinating body. In 2002, the legislation H.R. 5005 or the Homeland Security Act of 2002 was approved by the U.S. Congress and was signed into law by the President (Parachini, Davis, Liston, 2003). The Department of Homeland Security was established with plans and programs it is supposed to implement through he discharge of the powers and functions which the law mandates it to exercise (Parachini, Davis, Liston, 2003). Directives and orders have been issued from that time to harness the various areas for counter terrorism from state, federal and local enforcement level. The Bureau of Justice Statistics shows that â€Å"there are 16,661 state, local, and county law enforcement agencies in the United States, and they employ a total of 677,933 sworn officers. Studies on private security staffing indicate there may be as many as 10,000 private security agencies employing slightly less than 2 million private security officers in the United States† (Morabito and Greenberg, 2005). These numbers can be a good indicator of the extent of the large number that can assist public law enforcement agencies. A security organization has various functions, thus a security practitioner may be a director of security services of a large corporation or a manager of contracted security personnel at the place or office of a client or an investigator with expertise on computer crimes (Morabito and Greenberg, 2005). There are two kinds of private security services, i.e. 1) â€Å"proprietary or corporate security;† and, 2) â€Å"contract or private security firms† (Morabito and Greenberg, 2005). â€Å"Corporate security generally refers to the security departments that exist within businesses or corporations. Contract security firms by contrast sell their services to the public, including businesses, homeowners, and banks† (Morabito and Greenberg, 2005). Public policing on the other hand, deals with the state, local law enforcement including sheriffs’ offices. Primarily these officers are responsible for peace and order and street crimes and have no concern with corporate internal operations or private economic interests (Morabito and Greenberg, 2005). The advantages of private security organizations over the public law enforcement agencies are these agencies have vast resources and expert knowledge in the field. Moreover, insofar as headcount, the number of private security officers far exceed those in law enforcement which enables them to cover and protect effectively a small geographic area (Morabito and Greenberg, 2005). It has been criticized for lack of certification, regulation standards, lack of rigorous pre- selection recruitment process and trainings with a high turn over of officers (Morabito and Greenberg, 2005). On the other hand, law enforcement agents are subjected to rigorous screening process before acceptance in the service and the officers are subjected to background checks. They are trained and are subject to regulations. The enforcement powers given them are greater both in scope and strength. Most of the law enforcement agents and officers stay in their jobs for a long time as these jobs are considered careers (Morabito and Greenberg, 2005). This enables them to establish trust with the inhabitants of the area and exchange information. However, the downside is that law enforcement work on limited resources and budget. During heavy call load days, response time most often is delayed because of the volume of incidents they respond to (Morabito and Greenberg, 2005). The main problem which was identified in the public law enforcement and private security organizations partnerships is a weak information sharing. The private security organizations man private companies which are by nature organized for profit. Often, these private companies are reluctant in sharing information which may be detrimentally used against them thereby losing profits. In an interview with John Cohen, president and chief executive of PSComm LLC, he said that â€Å"A number of corporate security people are hesitant to share information with the government because they’re concerned that of the threat becomes public that could impact the value of the company’s stock. Businesses want to be sure that their information is handled in a way that doesn’t affect them from a business perspective† (Pelland, 2002). On the other hand, public law enforcement also is reluctant to share or give away information to the multi national companies who are headed by foreigners (Morabito and Greenberg, 2005). This lack of trust can be attributed to the fear that these foreigners may be more inclined to protect their respective country’s interests than that of the United States. Conclusion Public law enforcement agencies in their discharge of their functions have made efforts towards proper and effective policing by eliminating crime in their respective jurisdictions through the â€Å"creation of effective partnerships with the community and other public and private-sector resources, the application of problem-solving strategies or tactics, and the transformation of agency organization and culture† (Docobo, 2005). It is on account of this that the concept of partnerships was adopted to be replicated in counter terrorism programs of the government. Even with the current declaration of homeland security, community policing in respect of crime prevention, is seen as to overlap with counter terrorism objectives (Docobo, 2005). With these partnerships, strategies become more philosophical as these are impressed in the mission and goals of the law enforcement agency. The public department itself undergoes an organizational transformation. The officers who are lower in rank are empowered to make their own decisions and take responsibilities for their acts. Thus, decision-making is decentralized and officers are given a chance to tap their creativeness in problem solving (Docobo, 2005). The idea and concept of partnership and collaboration has been widely accepted by the respective sectors. It is noted however that there is a need to increase their effectiveness in order that the purposes for which these partnerships were created would not be frustrated. The goal in these partnerships is collaboration in which their missions may overlap but they achieve the same goals through sharing resources and information. It gives many benefits for both sectors such as â€Å"creative problem-solving, increased opportunities for training, information data, and intelligence sharing, ‘force multiplier’ opportunities, access to the community through private sector communications technology, and reduced recovery time following disasters† (Morabito and Greenberg, 2005). The benefits and advantages from the forged partnerships are countless. It is however important to address the weak information sharing between the groups. Working together is crucial. Communication lines also should be open with free exchange and discussion of limitations, scope of powers, lines of authority and functions of each sector is imperative so that an effective partnership can materialize. There must be a clear understanding of roles and the usefulness and necessity of the partnership, where leaders are identified. These leaders must develop trust for each and every sector executive considering that the weak information sharing was observed to be attributable to lack of trust between both sectors. By making both sectors fully and deeply aware of the roles they have to play and its importance to each of the sectors, trust may be developed. The essences of these partnerships are mainly communication, cooperation, collaboration and coordination (Morabito and Greenberg, 2005). Communication refers to exchange of ideas and information while coordination requires knowledge of goals. Cooperation means sharing of personnel and resources for the accomplishment of the goal. Collaboration is based on clear understanding of the partners’ goals and the formulation of policies to achieve said goals which although may overlap, strengthens the partners (Morabito and Greenberg, 2005). The Department of Homeland Security issued guidelines on how to improve the collaboration with the private sector in its report â€Å"Office for Domestic Preparedness Guidelines for Homeland Security† (DHS, 2003). It suggested among others that there be a clear understanding of the need to prevent terrorist acts; a clearing house for received information on terrorism; interpretation of this information; clear definition of tactics and strategies to counter terrorism; definition of funding priorities; formulation of assessment and procedures; and the preparation of written coordination agreements such as memorandum of agreement between public and private sectors that should contain clear delimitations of scopes of powers of each, facilitation of information, and the formulation of processes and procedures (DHS, 2003). The formalization of the coordination agreement signifies the institutionalization of the homeland security collaboration. These guidelines also identified areas which private security organizations can collaborate with the public enforcement agencies, i.e. â€Å"networking, information sharing; crime prevention; resource sharing; training; legislation; operations; and research and guidelines† (Connors, Cunningham, Ohlhausen, Oliver, and Van Meter, 2000). By entering into formal memorandum of agreement or understanding, each sector’s role, duties, and scope of powers are properly delineated to fit into the priorities and policies. Such formal agreements will give both sectors direction and clarity with respect to the procedures to be properly taken and implemented. Networking refers to discussion and meetings with the private sector to thresh out possible solutions to problems as well as limitations. Information sharing is the central component of the partnership. â€Å"Information sharing includes planning for critical incident response, protecting infrastructure, enhancing communications, minimizing liability, and strategically deploying resources† (Connors, Cunningham, Ohlhausen, Oliver, and Van Meter, 2000). Thus, meeting and conferences between representatives of both sectors is a must. Crime prevention also translates to terrorism. Terrorist acts may include initially lesser crimes to accomplish their goal of terrorism. Clearly, all information gathered from partnerships for crime prevention and peace and order may be very useful for combating terrorism. All information notwithstanding the absence of unlawful activity therefore must be shared such as those which involve unusual and suspicious activities. Technical knowledge and training may be shared by the private security organizations to the public enforcement agencies considering that the latter may lack this. Both sectors must identify legislation and assist the law makers in making these laws more responsive to the present situation. These laws should be modified if need be to be useful to both sectors in combating terrorism† (Morabito and Greenberg, 2005). Both the public enforcement agencies and the private security organization may collaborate in the operational areas. This refers to joint sting operations, investigation of computer crimes and ‘white-collar’ financial fraudulent activities. Research papers and guidelines may be drawn by both sectors with respect to personnel policies and standards of the security personnel. Uniform standards and policies must be made for recruiting, selection, accepting and hiring security personnel. It is also suggested that liaison officers should be carefully trained and picked from the supervisors. They should have a clear and deep understanding of the goals and objectives of the partnership. The problem lies in the selection of those for the private security organizations as it has been recognized that they have the lack of prescreening and training standards. Thus, it was further suggested that an advisory council formulate these standards so that choosing a liaison officer as a representative of the private security sector would not be as difficult as it has been (Morabito and Greenberg, 2005). In sum, the success of these collaborative partnerships rest in the full sharing, cooperation, and coordination from both sectors which may only be achieved when each of the members have reached a deep understanding of the importance of their roles and scope of their powers. By reason of the importance of homeland security and on the part of the government, it has in fact allocated a larger amount of budget to counter terrorism. Partnerships are encouraged so that geographic territory can be covered extensively. Legislation is being addressed by modifying and or by enacting new laws to support the government’s call against terrorism. Representatives from both sectors must also coordinate with the legislators so that problem areas can be identified and can be resolved by means of legislative enactments or amendments to existing laws so that it can be more responsive to the needs and objectives of the existing collaborative partnerships. References Bocobo, J. 2005, Community Policing as the Primary Prevention Strategy for Homeland Security at the Local Law Enforcement Level Homeland Security Affairs. Retrieved on November 6, 2007, from http://www.hsaj.org/?fullarticle=1.1.4 Connors, E., W. Cunningham, P. Ohlhausen, L. Oliver, and C. Van Meter. 2000. Operation Cooperation: Guidelines. Washington, DC: Bureau of Justice Assistance. Department of Homeland Security–Office for Domestic Preparedness. 2003. Office for Domestic Preparedness Guidelines for Homeland Security. Washington, DC: DHS. Morabito and Greenberg, 2005 Engaging the Private Sector: Law Enforcement and Private Security Partnerships, USDOJ. Retrieved on November 4, 2007, from http://www.ncjrs.gov/pdffiles1/bja/210678.pdf. Morriss, A. 2006 The Public-Private Security Partnership: Counter Terrorism Considerations for Employers in a Post 9/11 World. Retrieved on November 4, 2007, from http://www.hastingsblj.org/archive/volume2/files/number2/9_Morriss.pdf. The 9/11 Commission. 2004. The 9/11 Commission Report: Final Report of the National Commission on Terrorist Attacks Upon the United States, Official Government Edition. Washington, DC: U.S. Government Printing Office. Parachini, J., Davis, L., Liston, T. 2003 Homeland Security: A Compendium of Public and Private Organizations’ Policy Recommendations. Retrieved on November 6, 2007, from http://cipp.gmu.edu/archive/16_Randwhitepaper.pdf Pelland, D. 2002 ‘To help battle terrorism public and private sectors expand information sharing efforts. KPMG’s Technology: Insiders. Retrieved on November 5, 2007, from http://www.itglobalsecure.com/pdf/third_party/020913KPMG_Insider.pdf

Surface area of calcium carbonate Essay Example

Surface area of calcium carbonate Essay Example Surface area of calcium carbonate Paper Surface area of calcium carbonate Paper Introduction: The experiment taking place is between calcium carbonate [CaCO3] and hydrochloric acid [HCl]. Calcium carbonate, also known as marble, is a metamorphic rock. This is a rock that is formed over long periods of time under high temperature and pressure. It is also formed when carbon dioxide reacts with calcium hydroxide to produce calcium carbonate. Calcium hydroxide + carbon dioxide calcium carbonate + Water Ca(OH)2(aq) + CO2(g) CaCO3(s) H2O(l) When an acid reacts with a carbonate the products are salt, water and carbon dioxide gas. When hydrochloric acid reacts with calcium carbonate the products are calcium chloride, water, and carbon dioxide. The formula for this reaction is: Hydrochloric acid + Calcium carbonate Calcium chloride + Water + Carbon dioxide HCl(aq) + CaCO3(s) CaCl2(aq) + H2O(l) CO2 As you can see above, in the reaction, the reactants are hydrochloric acid and calcium carbonate, and the products are calcium chloride, a salt, water and carbon dioxide. The speed at which the reactants will create the products is called the rate of reaction. This follows a theory called the kinetic theory. This theory states that all states of matter contain particles, which are constantly moving/vibrating [kinetic energy]. In solids the particles are positioned close together which allows them to vibrate slightly. Between them are strong bonds that hold them together in a fixed place. The particles present in liquid have further distance between them; therefore the forces of attraction are less than in solids. The particles have weaker bonds that allow them to move. The particles in a gas are much further apart than in a solid or liquid, and have very weak bonds that allow them to move quite freely. There are virtually nil forces of attraction between the gas particles. This therefore means that solids would have the slowest rate of reactivity, liquids would me in the middle, and gasses would have the fastest rates of reaction. The factors that would affect the rate of reaction would be: Concentration of hydrochloric acid. The higher the concentration of the acid the faster the rate of reaction will be. This is because there would be more particles of hydrochloric acid present in the reaction; therefore there would be more collisions, which would therefore results in a faster rate of reaction. The following diagram can show this overleaf: As you can see, in the low concentration of hydrochloric acid, there are 5 particles present, compared to 8 particles of calcium carbonate. In the higher concentration however, there are 10 particles of hydrochloric acid present, and the same amount of calcium carbonate particles present. This should therefore double the rate at which carbon dioxide is produced as there is now double the amount of collisions occurring. Catalyst catalysts are useful in a reaction as it speeds up the rate of reaction without being used up. Most catalysts are there to speed up the rate of reaction, however some can slow them down. The ones that speed up the rate of reaction are called activators, and those that slow down the rate of reaction are called inhibitors. For example, in the reaction where the enzyme (biological catalyst) breaks down hydrogen peroxide (H2O2) into water (H2O2) and oxygen (O2), glycerine is sometimes added, this is in order to slow down the rate at which hydrogen peroxide is broken down during storage. Most of the catalysts that are used are transition metals and their compounds, such as the making of margarine, where a nickel catalyst is used. The nickel catalyses an addition reaction, between a double bonded hydrocarbon (alkenes), the oil, and hydrogen. The result is a solid fatty product, which is margarine. By controlling the rate of reaction (i. e. how much catalyst is used) you can also control the solidity of the margarine. A catalyst allows a substance to react more easily by reducing the activation energy. This is where the energy needed in order to break the bonds is reduced. Therefore the particles require less energy to react, and the reaction occurs faster. Catalysts can be compared to getting from a-b in a car. The normal way would be by going through small roads, however using the motorway is like using a catalyst. This is as it takes less energy (petrol) to get there as well as far less time than compared to taking the smaller roads. Temperature when particle collide with each other, they do not always react. This is, as they do not have the sufficient kinetic energy for them in order to stretch or beak the bonds in order to form the products. In some reactions, only the particles with high energy can react. This sort of situation can be compared to a car crash; if two cars hit each other at low speeds, then hardly any damage will be done, however, if the cars hit each other at a higher speed, then a lot more damage would be done to both cars. Mass of calcium carbonate chips when you increase the mass of the chips, it means that there are more particles present for the hydrochloric acid to collide with. This would cause more collisions, which means a faster rate of reaction. Surface area of calcium carbonate chips in a reaction; if one of the reactants is a solid then the surface area of the solid will affect the rate of reaction. This is because the only particles that can collide with each other are the ones at the solid-liquid interface. This is the area in which the surfaces of the marble chips come in contact with the hydrochloric acid. This would therefore mean that the larger the surface area of the marble chips, the more collisions there would be, which a higher rate of reaction is. Diagram A and B are marble chips with the same masses. Diagram be has a higher surface area, and as you can see, there are more marble particles exposed to the surrounding, which would mean that there would be a larger amount of collisions in a given amount of time.

Free Essays on Tradition

Long after these oral traditions developed, the spoken and sung were put into written form. The main reason for doing so was that they not be lost or altered, thereby losing or misrepresenting the whole past of a people. In written form, these traditions have provided the world with some of its greatest literary classics: the 'Epic of Gilgamesh' (see Babylonia and Assyria), the 'Iliad' of Homer, and much of the Old Testament portion of the Bible. The Old Testament, in fact, contains as great a variety of ancient oral traditions in written form as can be found in one book. It has creation legends, stories of epic heroism and adventure, love tales, intrigue and murder stories, lyric poetry, songs of praise, proverbs, riddles, and more.... Free Essays on Tradition Free Essays on Tradition Long after these oral traditions developed, the spoken and sung were put into written form. The main reason for doing so was that they not be lost or altered, thereby losing or misrepresenting the whole past of a people. In written form, these traditions have provided the world with some of its greatest literary classics: the 'Epic of Gilgamesh' (see Babylonia and Assyria), the 'Iliad' of Homer, and much of the Old Testament portion of the Bible. The Old Testament, in fact, contains as great a variety of ancient oral traditions in written form as can be found in one book. It has creation legends, stories of epic heroism and adventure, love tales, intrigue and murder stories, lyric poetry, songs of praise, proverbs, riddles, and more....