Philosophy Essay Example | Topics and Well Written Essays - 500 words - 58

Philosophy - Essay Example It constitutes of good traits that are important which enable a person to carry out their duties, at the right time, and in the correct way. This essay provides a detailed analysis of Aristotle’s ethics by analyzing his moral philosophy. The scholar discussed moral philosophy in three categories that include happiness, the right, and the good aspects. He explained that the personality of an individual is determined by elements such as individual agents, virtues, vices, and the mode of attaining happiness in life. The good feature composes of a superior good which is targeted by everyone to achieve their ultimate goals and targets. Non-Aristotle form of good entail attainment of wealth, honor, pleasure, and happiness. He explains that in order to achieve this aspect, the highest and worthy course of action should be taken (Modrak 2001). Aristotle describes happiness as the state of living and performing different activities with effective procedures. He emphasizes that this category of moral philosophy is not subjective, but it is objective that implies that it is not associated to feelings such as pleasure. It entails the activity of a person’s soul rather than their state that relates also to their virtues (Rorty 2006). An individual’s virtues are important and determine whether they can achieve happiness. They are connected, therefore since they provide conducive and flourishing environment that enables a person to work effectively and be good. Aristotle classified virtues into two categories that comprise of the intellectual aspect which is considered as the rational part of a person’s personality. The second classification is composed of moral values which encompass the rational and the appetitive area of the soul. Virtues are significant since an individual can engage in an activity to the correct extent (Aristotle & Reeve 2014) implying that they engage in different actions but which are appropriate. They maintain, therefore, the

Tort law Essay Example | Topics and Well Written Essays - 2000 words

Tort law - Essay Example The following sections of this assessment are specifically going to focus on the relevant statutes that can be inferred when negotiating for a settlement as well as remedies. Case list and relevant statutes Briefly outline any cases/statutes you have researched in this area which are relevant to our client’s claim. This should be more than just a bulleted list. Basically, tort law commonly refers to a civil wrong not arising from a contract and in the case of negligence, everyone has a duty of care owed to the neighbour (Capiro Industries vs. Dickman 1990). Cooke (2010) suggests that a remedy can be given in the form of compensation where the plaintiff can prove beyond reasonable doubt that the defendant owed duty of care in the event of injury. Thus, in case of tort law, specific duties apply to everyone and are imposed by the law. According to Terry & Giugni (2009), there are four elements of the tort of negligence that have to be proved by the plaintiff and these include th e following: there is need to prove that the defendant owed the plaintiff a duty of care, the defendant breached that duty by falling below expected standards, the defendant’s conduct caused the plaintiff to suffer physical or economic harm (causation) and the harm suffered by the plaintiff was reasonably foreseeable (remoteness). Under common law, duty of care must be observed whereby the breach of such duty, causation of damage, remoteness of damage and the defences would be taken into account as illustrated in the following cases below. Facts The case of Murphy v Brentwood[1991] 1 A.C. 398 can be used to establish the duty care owed by the contractors in the construction industry. Issue Were defendants negligent? Rule They were negligent because they did not take into account safety precautions when constructing the house. In our case, we did not constantly check the state of condition of our buildings. Analysis The court found that the engineers as well as contractors wer e negligent when they failed to take necessary measures to ensure that they construct a solid foundation of the house. In the case of Blyth v Birmingham Water Works Company, the facts are as follows; the defendants installed a fire plug near the plaintiff’s house that leaked during a severe frost, causing water damage and the jury found the defendant negligent, and the defendant appealed. Issue Were the defendants negligent? Rule Defendants can only be negligent when they fail to do what a reasonable person can do. Analysis This was an accident caused by natural causes. The case of Bolam V Friern 1957 also illustrates a case involving negligence but the court ruled in favour of the doctor because he was acting within his profession. In most cases, for a claim to be successful, the four elements mentioned above have to be proved. The Occupiers’ Liability Act (OLA) 1957 is mainly concerned with the duty care owed to the occupiers of a building and these can be classified as employees or visitors. They ought to take into consideration the risk of danger that may prevail. On the other hand, the employer is liable for breach of his duty if he fails to provide his employees with safety as well as safe equipment to use (Wilson and Clyde Coal Co Ltd v English [1938 ] AC 57 (HL) 141). This also includes a duty to