Civil Litigation Course work Essay Example | Topics and Well Written Essays - 3000 words

Civil Litigation Course work - Essay Example Scott was driving on. He rammed into Mr. Scott’s vehicle on the passenger’s side. According to the police reports, Mr. Marshall was not wearing a helmet as per the traffic regulations. Mr. Scott on the other hand though drunk, his status was not beyond the legal alcohol limit. However, he was charged and found guilty of a traffic offence as he was talking over the phone while driving contrary to section 3 of the Road Traffic Act. Mr. Marshall sued Mr. Scott for the injuries sustained. The aim of this report to is determine if Mr. Scott is liable to pay damages to Mr. Marshall and what possible defenses he could actually rely on to escape liability. 3 Issues and Law 3 The first issue that arises in this case is the need to determine whether Mr. Scott is guilty of careless driving under section 3 of the Road Traffic Act and if this would necessarily prejudice his civil liability. In this regard, the proceedings under Road Traffic Act do not prejudice his civil case. Accor ding to Keenan (2011, p. 53), the outcome of a criminal action does not affect the outcome of civil case. The next issue in this case is the issue of liability. The question is whether Mr. Scott was liable to pay any damages to Mr. Marshall for the injuries sustained. Sustaining injuries in an accident does not give one an automatic right to recover damages. The question to be determined is which party was liable for the accident. One party may be fully liable or both parties might be liable meaning that each party is partially liable. The person claiming damages for personal injury after a motor vehicle accident has to prove that the other party was negligent. This means that Mr. Marshall has to prove beyond reasonable doubt that whatever damage that resulted from the accident was wholly or partially the fault of Mr. Scott. 4 In this case, one of the initial things to be determined is whether Scott was negligent. Under the law of torts, Howarth (2006, p. 147) indicates that a perso n is negligent when he or she is in breach of the legal duty of care that brings damage to the claimant. Negligence as per Alderson B in the case of Blyth v Birmingham Water Works constitutes omission by a reasonable person who guided by ordinary consideration fails to do something and as a result causes injury to another person. The same principle of the tort of negligence applies to the motor vehicle accident. Liability in this respect is determined on the basis of the negligent party. Under the law of torts, there are three requirements that need to be fulfilled. The first requirement that needs to be fulfilled for a claim to succeed is that the party claiming negligence needs to establish a duty of care (Smith, 1983, p. 44). 4 In light of the case, Marshall needs to establish that Scott owed him a duty of care. As a general rule, any one driving on a public road has a duty to the public and where one chooses to drive, they should be able to control the motor vehicle so that it d oes not harm other people. In the instant case, Mr. Scott by virtue of driving on a public road had a duty to control it to ensure that any person on the same road was not hurt. Even if it was the fault of the other party Mr. Scott should have taken all the reasonable measure to control the happening of the accident. This is to his disadvantage. However the other party too being a public road user is burdened with the same duty of care to ensure that he controls the motor

Teaching Math Essay Example | Topics and Well Written Essays - 2750 words

Teaching Math - Essay Example Learning disabilities (LD) seriously interfere with students' achievement in mathematics thus putting them at a higher risk of having problems in meeting the obligatory academic standards as compared to the normal student population. Thus, some recent studies report that between 4-7% of the school age population experiences some form of math difficulty as a result of LDs (Fuchs & Compton, 2005). Granted the increasingly strict graduation requirements imposed on high school seniors in mathematics the risk is even greater these days than ever before. The lack of specialized teacher training, coupled with insufficient amounts and poor availability of effective study material and traditional LD-friendly curricula contributes substantially to the already huge educational issues the average US students with a learning disability must face (Miller & Mercer,1997). Various behavioral disorders (BD) such as attention deficit/hyperactivity disorder (ADD/ADHD), conduct disorder (CD) and oppositional defiant disorder (ODD) in students represent another highly important problem in terms of teaching and learning mathematics. Thus, ADD/ADHD is one of the most commonly met behavioral disorders in the U.S.: approximately 7.8% of children and adolescents aged from 4 to 17 are diagnosed with it (Chang, 2005). The base prevalence of ODD is also estimated within the range of 1.7% -almost 10% (Rey, 1993). These behavioral disorders are also commonly associated with serious academic problems, including problems in learning mathematics (Todd et al, 1999). In fact, it will not be an exaggeration to state that BDs are almost always associated with LDs. Thus, one of the latest studies in this field reports that 71% of children with ADHD also have a LD and 26% of children with ADHD have a specific math disability (Mayes & Calhoun, 2006). However, despite the growing recognition that students with some form of LD or BD have unique learning needs, up to now the majority of such students are taught without any reference to their needs, including those in learning mathematics, in the general education classroom. One possible reason for such disappointing situation is lack of literature on teaching math for students with LD and BD: some researchers observe that the literature on teaching math is scarce even when compared with the existing research in the field of teaching other subjects such as language and reading - a situation that is hardly acceptable considering the importance of mathematics in modern world (Steele, 2004). The purpose of this paper is to provide an overview of the most interesting works in the field of teaching math for students with LD. Literature Review There is a solid body of literature exploring definitions, diagnostic criteria, and many other formal aspects of LD with some authors focusing specifically on mathematics (Dockrell & McShane, 1993; Adelman & Taylor, 1993; Lerner, 1993; Butterworth, Cipolotti & Warrington, 1996). Similarly, a serious body of research is dedicated