Australian law Essay Example | Topics and Well Written Essays - 1000 words

Australian law - Essay Example If a professional adviser is found to knowingly having provided or failed to provide information that exposes the advisee to incur any losses or damages on their part, this considered to be a breach of duty. All professionals are generally held to an established and reasonable standard of basic care and professionalism. Professionals are generally required to have the necessary learning and skill that is seen to be commonly processed by members who happen to be held in good standing within their basic profession.2 However, any lack of the proper degree of training, failure by the professional to attempt to follow up on a client’s progress, failure to remain appropriately conversant with any new emerging discoveries in the field, or failure to refer to a specialist in the event that it proves to be necessary can all be seen to constitute of negligence.3 As exemplified in the line of reasoning followed in the Hedley Byrne ruling, when an adviser communicates information to an ad visee in order that the information might be used for a generally described or particularly specified purpose, and the advisee acts on this advice to his detriment, the adviser is found to fundamentally be guilty of negligence.4 Effects of Donoghue V Stevenson (1932) A decision by the British house of commons in 1932 concerning the alleged presence of a snail inside a ginger beer bottle is commonly perceived to be the best known judgment in the entire common law world. It is widely regarded as the primary foundation law of negligence throughout the entire British Commonwealth.5 Although the ruling of Donoghue V Stevenson (1932), was initially mostly applied to judgments pertaining to manufacturers and the duty of care that they happened to owe the various consumers of their products it was eventually seen to have wider relevance beyond manufacturer liability. In the ruling, Atkins was seen to assert that a duty to exercise case was actually owed to all persons who might be directly affected by one’s actions or omissions that happen to be called in question.6 This is seen to critically affect the liability of all professional advisers as in their event that they provide questionable information that eventually proves to be detrimental to the advisee, they are then effectively held viable for court action. The Effects of Hedley Byrne v. Heller (1963) The Hedley Byrne v. Heller (1963) greatly impacted the overall liability of professional advisers as it was the first decision to recognize the possibility of there being a liability for want can be perceived to be purely economic loss that is not dependent on there being a contractual relationship, for negligent statements. This was seen to affect advisers as any information that they may happen to give while not bound to any contractual agreement can also be seen to create duty of care as it might be relied upon by the advisee in determining whether to enter into a contract.7 Recent Developments in Australi an High Court There have been a number of recent developments in Australia pertaining to the case of professional negligence, in Astley v Austrust Ltd,

Define the Key Terms Essay Example for Free

Define the Key Terms Essay Application: Generally, a function on any kind of computer or electronic device that is useful to the user, which can give the user a reason to want to own and use the device. More specifically, software that performs some useful function for a user. Computer network: A combination of many components that work together so that many different devices can communicate. Computer networking: The gerund form of the term computer network. Email: Electronic mail. An application in which the user can type text and attach other files to create the electronic equivalent of a postal letter, and send the email to another person using his or her email address. Enterprise network: A network owned and operated by a company, with that company being somewhat larger than typical, generally (but not exactly) with more than 1000 employees. HTTP: Hypertext Transfer Protocol, The protocol  used by web browsers and web servers to define the format of URLs (web addresses) and the messages used to exchange web objects. Internet/the Internet: The global network formed by interconnecting most of the networks on the planet, with each home and company network connecting to an Internet service provider (ISP), which in turn connects to other ISPs. Link: A generic term for any network cable or wireless communications path between two devices over which bits can be transmitted. Node: A generic term for any networking device that sits on the end of links, for the purpose of both connecting links to create physical paths and to make decisions about how to forward data through the network. Protocol: A set of rules that different devices and/or software must follow so that the network works correctly. Video frame: A grid of pixel locations of a chosen width by height that contains the lights/colors to be shown in a video at a single point in time. Voice call: A more modern term for a telephone call that does not use the word telephone, instead emphasizing the fact that the traffic that flows between the endpoints is voice. Web address: Text that identifies details about one object in a network so that a client can request that object from a server. An informal term for URL. Web browser: Literally, software controlled directly by a user that requests web pages from a web server, and after receiving a page, displays the web page in a window. More generally, this term refers to both the software and the hardware on which it executes. Web page: In a web browser, all the text, images, video, and sound that fill the window of the browser when the user opens a link to some web address. Web server: Literally, software that stores web pages and web objects, listens for requests for those pages, and sends the contents of those pages/objects to clients. More generally, this term refers to both the software and the hardware on which it executes.

The Culture of Montserrat ::

The Culture of Montserrat Culture on the island of Montserrat can be most easily characterized through the examination of the many natural forces influencing the lifestyles and customs of its people. Montserrat’s physical features have played a crucial role in shaping the attire, diet, shelter, and crops of the island’s inhabitants. Volcanic rocks and native plants scattered throughout the island were the source of a number of customs that remain prevalent in contemporary Montserratian culture. Prior to colonization by the British, the island of Montserrat was occupied by a number of Amerindian groups from Venezuela who made their living through fishing and cultivation. There is evidence from a small artifact found in the soil from roughly 500 B.C.E. that the first inhabitants of Montserrat were the Ciboney, known as the ‘stone people.’ The Arawaks arrived on the island around 400 C.E. and built their villages near the coastline. These were a peaceful people who made their living fishing and gardening, and made ceramic vessels, stone tools, and conch shell adzes. While the Arawaks had a few centuries on the island, at the time of European contact the Caribs had gained dominance by driving them to the north. By 1500 the cannibalistic Caribs practiced both permanent and shifting cultivation and built their villages and gardens near the coast with a pole framework and leaf thatch. Caribs grew a mix of economic plants for cultivation, including many from South America and some from the Old World, which modified Montserrat’s vegetative cover in addition to some structures, composed of saplings, reeds, and foliage. The Carib name for Montserrat was Alliouagana, meaning â€Å"island of the prickly bush,† which most likely referred to the native species of Acacia. When Montserrat was first settled in 1632, British colonial officials believed the land and people of their island colonies to be profitable machines and this view greatly determined the way in which a culture based on agricultural production and slave labor emerged. The British had sent Irish Catholics from St. Kitts to colonize Montserrat and these people were growing tobacco and sugar by 1654. By the 1650s, English and Anglo-Irish landowners formed the wealthy ruling class, and Irish indentured servants formed the bulk of the population. The Culture of Montserrat :: The Culture of Montserrat Culture on the island of Montserrat can be most easily characterized through the examination of the many natural forces influencing the lifestyles and customs of its people. Montserrat’s physical features have played a crucial role in shaping the attire, diet, shelter, and crops of the island’s inhabitants. Volcanic rocks and native plants scattered throughout the island were the source of a number of customs that remain prevalent in contemporary Montserratian culture. Prior to colonization by the British, the island of Montserrat was occupied by a number of Amerindian groups from Venezuela who made their living through fishing and cultivation. There is evidence from a small artifact found in the soil from roughly 500 B.C.E. that the first inhabitants of Montserrat were the Ciboney, known as the ‘stone people.’ The Arawaks arrived on the island around 400 C.E. and built their villages near the coastline. These were a peaceful people who made their living fishing and gardening, and made ceramic vessels, stone tools, and conch shell adzes. While the Arawaks had a few centuries on the island, at the time of European contact the Caribs had gained dominance by driving them to the north. By 1500 the cannibalistic Caribs practiced both permanent and shifting cultivation and built their villages and gardens near the coast with a pole framework and leaf thatch. Caribs grew a mix of economic plants for cultivation, including many from South America and some from the Old World, which modified Montserrat’s vegetative cover in addition to some structures, composed of saplings, reeds, and foliage. The Carib name for Montserrat was Alliouagana, meaning â€Å"island of the prickly bush,† which most likely referred to the native species of Acacia. When Montserrat was first settled in 1632, British colonial officials believed the land and people of their island colonies to be profitable machines and this view greatly determined the way in which a culture based on agricultural production and slave labor emerged. The British had sent Irish Catholics from St. Kitts to colonize Montserrat and these people were growing tobacco and sugar by 1654. By the 1650s, English and Anglo-Irish landowners formed the wealthy ruling class, and Irish indentured servants formed the bulk of the population.

Journeys End †R.C.Sherriff †“Character of Stanhope” Essay

Explore the ways in which Sheriff presents the character of Stanhope â€Å"How is the dear young boy? Still drinking like a fish, as usual?† The character of Stanhope is introduced by Hardy in Act 1, without him actually making an appearance. Osborne shows respect to Stanhope and is clearly angry and annoyed by the way Hardy is dismissive of Stanhope’s ability. Already, we are presented with two contrasting views of Stanhope. By considering the way in which both characters discuss him, we can address the question of whether or not Stanhope possesses heroic qualities. The play depicts the horror of trench warfare; it gives us an insight into what life is like in the war, the reality of the war and the reality of heroism. Heroism is to show great courage and bravery. A lot of men in the war signed up because when the war was over they wanted to be seen as a hero. None of these men had any idea about the reality of the treacherous conditions in the trenches. R.C Sheriff wanted to dispel the myths about the horrors of the war and address how real men survived; the heroic men. In this essay, I am going to analyse Act 1 and Act 2, scene 2. I will look at the ways in which Sheriff uses language, stage directions and dramatic devices to present the character of Stanhope and I will address the question as to whether or not Stanhope possesses heroic qualities. In Act 1, the character of Stanhope is introduced. This has a major impact on the audience. It builds up tension for stanhopes arrival and provides the audience with valuable information about the character of Stanhope. Hardy shows disrespect towards Stanhope, for the simple reason that he ‘likes a good drink’. Osborne is indignant over these comments and continually informs Hardy of his dedication, loyalty and perseverance. â€Å"Oh he’s a good chap† Hardy says this in a patronising manner, dismissing his abilities as a leader. He does not share the same respect but instead uses Stanhope’s values as an amusement. He was particularly amused at the fact that Stanhope missed his leave. He put it down to the reason that he did not want to show his family the drunkard state he was in. Maybe, the actual reason is that he  is so loyal to his men that he does not want to abandon them. Osborne repeatedly defends Stanhope and emphasises the fact that he had seen him suffering all day, physically and mentally, then out on duty all night. â€Å"Young Stanhope goes on sticking it, day in and day out† This comment recognises Stanhope’s quality of loyalty, commitment and overwhelming mental strength. It is for these qualities that could describe Stanhope as a hero. Sheriff’s purpose of including this scene in the play is to present the audience with two contrasting views of Stanhope. By doing this, he heightens the eager anticipation and curiosity. The audience are left to develop their own opinion on the character of Stanhope. In Act 1, scene 1, Sheriff presents the audience with another characters opinion of Stanhope. We can see that Raleigh is very enthusiastic and keen to talk about Stanhope. Dramatic devices are used to create an alternative perspective if Stanhope. Osborne: D’you know him Raleigh: Yes, rather! †¦ Osborne: He’s a splendid chap Raleigh: Isn’t he? His reactions to Osborne’s comments show that he highly respects Stanhope and is in total awe of him. He looks up to Stanhope as a kind-of role model. ‘He looked splendid in it’, Raleigh’s language used to describe Stanhope suggests that he worships him. He uses words like â€Å"splendid† and â€Å"amazing† and â€Å"terrific†. This shows his excitement and wonder at being placed under his command. The scene on a whole shows Stanhope as a hero figure. Raleigh is in awe of him like a school boy idolises an older student. In Act 2, scene 2, Hibbert is taken aback when Stanhope admits to suffering from neuralgia also. Hibbert: This neuralgia of mine. I’m awfully sorry. I’m afraid I can’t stick it any longer Stanhope: I know it’s rotten isn’t it. I’ve got it like hell Hibbert: (taken aback) you have? In this scene we do not know whether Stanhope is actually suffering from neuralgia. However, it seems apparent to believe that he is from the earlier discussion of hoe Stanhope deals with pain. Hibbert is using this illness as an excuse to leave. If Stanhope is suffering from neuralgia too, then why should one leave and not the other? Stanhope takes away Hibberts excuse to leave- the fear of life the trenches. Stanhope does not want one man to jeopardise the lives of others around him. Hibbert: I’ll go right along now, I think- Stanhope: (quietly) you’re going to stay here. Stanhope shows control and authority by saying this. He stands his ground and is firm in his words, but at the same time is calm and composed. This shows his natural skill as a leader and strength to keep his men together. In this sense Stanhope can be described as showing heroic qualities, fidelity and compassionate love to all under his command. With the use of dramatic devices, the character of Stanhope is introduced to the audience. Throughout the play, Sheriff continually uses these techniques and we are left feeling totally in awe of Stanhope’s fine comradeship, born leader skills and compassionate love to all in his battalion. Although Stanhope â€Å"likes a good drink† his weaknesses are overlooked by his dedication, loyalty and perseverance. Stanhope has suffered the dreadful conditions of trench warfare but still â€Å"goes on sticking it, month in, month out†. In the eyes of his men â€Å"there isn’t a man to touch him†.

Balance Sheets and Income Statements Essay

Patient privacy in any medical facility is not only a right, but a law which was passed by the United States congress in 1996. The law provides the ability to transfer and continue health insurance coverage for Americans when the change or lose their jobs, reduces healthcare fraud and abuse, mandates industry wide standards for health care information on electronic billing, and requires confidential handling of protected health information. The confidentiality is the portion which medical staff and their business associates develop and follow procedures that ensure the confidentiality and security of PHI, protected health information. California Department of Health Care Services, 2012) Many medical facilities and pharmacies throughout our country fail to comply with these HIPAA regulations and through neglect or fraudulent activity compromise a patient’s personal health information. Channel 13 in Indiana did an investigation on pharmacies throughout our nation which discarded prescription labels, pill bottles, and patient information sheets with patient’s personal information into their unsecured dumpsters around Boston, Chicago, Cleveland, Dallas, Denver, Detroit, Miami, Louisville, Philadelphia, and Phoenix. When prescriptions are dropped off, electronically transferred, or called into a pharmacy, patients assume their personal information is guarded and protected. The information given to the pharmacy consists of the patient’s address, telephone number, date of birth, prescribing doctor, social security numbers, and the type of medication on record. This is a violation of federal law. â€Å"Putting protected health information in a dumpster that is accessible to anyone is clearly not an example of a reasonable safeguard,† said Susan McAndrew, senior advisor with the U. S. Department of Health and Human Services’ Office of Civil Rights. (Segall, 2012) Of course there were steps implemented by management to remedy the problem. The manager of Walgreens now requires all dumpster to be locked at all times. Another Walgreen’s manager suggested placing all general trash in a quarantine area to be checked for patient information, sealed, signed and dated by the inspector, and then taken to the dumpster. A CVS manager proposed having a designated area in the store to store pharmacy trash bags until they are delivered to a regional warehouse for proper disposal. (Segall,2012) Some stores may have high turnover rates or poor training, which causes a breakdown in policy and procedure methods. Removing any identifiable information from the prescription bottles before discarding them would have made a difference. Shredding any identifiable information before placing it in the dumpster would have also been sufficient. The managers of these pharmacies have to review the policy and procedures on customer’s privacy rights and how to properly discard their personal information. Each state has a pharmacy board that has rules regarding how to protect patient information; the manager will need to refer to those rules and give additional training to the employees. It is proper to have a representative from an outside company for training on HIPAA and privacy regulations. The author and interviewer spoke with a homeless man who stating he views the content of the dumpster as a means of income. The homeless man sells items he finds in the dumpster to make money. Identity theft is an increasing problem in our society. Identity theft is a crime. Patient’s personal information can easily be sold to a criminal, who can apply for credit and make purchases using the patient’s stolen information. The Golden Rule is to treat people how you would want to be treated. The public should never have to think twice that a professional company would be such lack of concern about their personal information. Elderly people are more likely to have multiple prescriptions and on a consistent basis and the pharmacy discarding their personal information can lead to identity theft. Elderly people are less likely to check or investigate any type of inconsistencies or new entries on their credit report. If the person is applying for any type of credit after theft has happened, this can cause a denial from banks. Insured customers may xperience fraudulent use of the prescription or medical insurance information. This could cause denial of coverage at any point. This could have a huge impact on their lives and it is up to the professionals in these pharmacies to prevent this from happening. The article also told the story of a burglary after a thief found an address from the dumpster of one of their customers. This could be devastating and even fatal if these addresses are obtainable by criminals. Ethically, these pharmacies were incompetent in the way they decided to destroy these records. There is no excuse for this based on the fact they are looked upon as a professional organization and incompetency should not be an excuse. You have a duty as a physician to respect the patient’s trust and keep this information private. Protecting a customer’s confidentiality is about respect. It is the professionals’ duty to respect the customer’s information by restricting access of others to this information. Creating a trusting environment is extremely important. Maintaining confidentiality and respect for the privacy of others is ethically correct and expected in this type of organization. Discarding this personal information is not only ethically wrong, but legally wrong. This is referred to as a breach and fines are applicable in this case. In 2005, the U. S. Department of Justice clarified who could be held criminally liable for violating HIPAA regulations. This violation of placing patient information in the dumpster would fall under the â€Å"HIPAA violation due to willful neglect but violation is corrected within the required time period†. This fine can range from $10,000 to $250,000 annually for repeated violations. American Medical Association, 2012) Violating HIPAA regulations is a federal law and offenses are considered a felony. The fines imposed can be devastating, but there are cases that jail time is required. CVS’s breach in HIPAA regulations were taken up by The Federal Trade Commission and were fined $2. 25 million dollars. According to the complaint, CVS Caremark did not implement reasonable policies and procedures to dispose securely of personal information and did not adequately train employees. (Federal Trade Commission, 2009) It is an organizations responsibility to keep all their employees trained on HIPAA compliance.