Monday, August 19, 2019

The Smoke Signals Forgiveness Essay -- Sherman Alexie Films Movies Med

The Smoke Signals Forgiveness Smoke Signals, written by Sherman Alexie and directed by Chris Eyre, begins on July 4, 1976 on the Coeur d’ Alene Reservation. Arnold Joseph (Gary Farmer), drunk while celebrating the "independence", lit off a firework and set the Builds-the-Fire residence on fire, killing the parents of Thomas Builds-the Fire. Many people were already asleep in the house when the fire started, so no one saw Arnold’s mistake, which he kept a secret from the whole reservation. Both Thomas Builds-the-Fire (Evan Adams) and Victor Joseph (Adam Beach), Arnold’s son, were saved from the burning house. Arnold ran to catch Thomas in his arms after Thomas was thrown from a window. Victor and Thomas grew up together. After the fire, Thomas was raised by his grandmother (Monique Mojica). Victor was raised by his father Arnold and his mother Arlene (Tantoo Cardinal) in a family that was falling apart. After the fire, Arnold turned to alcohol to bury the guilt of accidentally killing the Builds-the-Fire parents by burning down their house by accident. Arnold’s drinking was out of hand. Arnold’s alcohol ended up causing him to abuse his family. He hit both Arlene and Victor. Arlene was also a drinker, but she realized that their drinking became a problem and told Arnold to stop drinking. Refusing the order, Arnold chose to leave his wife and son and move to Phoenix, AZ. For the next ten years, no one was to hear from him ever again. Growing up, Victor and Thomas didn’t get a long so well. Thomas was often annoying and Victor just wanted to be left alone. Thomas often talked of Arnold and Victor never wanted to talk about his deserted father. The last thing that Victor wanted to do was talk about the father that bailed on... ...nts. The film moved in chronological order, so it naturally showed the different stages that Victor faced while dealing with his problems caused by his father. Seeing the sequence of events in this film could cause some of us to notice how similar situations in our lives relate to this. It is this issue of forgiveness that is the most valuable from this film. The viewer can benefit from this by being able to notice how Victor got through his problems. If the viewer has problems of his or her own that are similar to this, then maybe the viewer can apply the film’s lessons to his or her life. The issue of forgiveness is the main point, but there are other great lessons and morals such as the importance of friendship, the danger of alcoholism, handling family conflicts, etc. Not to mention, there is a lot to be learned about Native American culture from this film.

Sunday, August 18, 2019

Can Utopia be obtained in a Capitalist Society :: essays research papers

In a capitalist society can utopia really be obtained? I really don’t think so; because if utopia is defined as a place of ideal perfection especially in laws, government, and social conditions, then a place where everything is perfect for everyone is not likely. Perfection, I believe, cannot be obtained in a capitalist society because of competition. Competition can help society in many areas, such as improving technology, forcing individuals to work harder, and making more money for the overall economy. But ideal perfection can’t be realistic with competition.   Ã‚  Ã‚  Ã‚  Ã‚  Because of competition, in my opinion, perfection in laws cannot be attained. One reason I think this is true is because of the many laws that governments of a capitalist society has; such as monopoly be outlawed. Laws are not ideal perfect because they are some people who would want to generate more money and can’t because of some law that would prevent them to do so. There might also be some ethical issues between businesses that might lead to imperfection. There might be some common law within businesses that might be unfair for other business that makes society imperfect. Ideal perfection means that all people in the society are not only happy with their economic status but also have no need to improve on that, and when we have competition playing a major part in our society, there is no chance of improvement not happening.   Ã‚  Ã‚  Ã‚  Ã‚  Government perfection is really hard to attained because it is rare when everyone agrees on something that the government provides. Government has to maintain not only a good economic system, but also a stable society. In an ideally perfect government there cannot be any differentiation in taxes, nor can there be such a great difference between upper class and lower class. In a capitalistic society there is differentiation in taxes and a wide gap between upper and lower class incomes. A good, successful government in my opinion cannot be ideally perfect. I would think that that could only happen if the government controls the people, like a communist country, but then that in the society’s point of view isn’t perfect either.   Ã‚  Ã‚  Ã‚  Ã‚  Can social conditions really be perfect, ideally perfect, for everyone? This is I believe the strongest argument against attaining utopia. What is perfect social conditions, is it everyone having a job, family, and values. Is it following the economic system and trying to reach for the ultimate goal in a capitalist society, which is the bottom line.

Saturday, August 17, 2019

The Mass Media Should Be Highly Responsible

ELTU 1001 Presentation Outline Name: Chan Yu Yan,Fiona SID: 1155032656 I. Topic The mass media should be highly responsible to the problem of childhood obesity in Hong Kong II. Introduction ?Opener – Ask question; ‘what’s childhood obesity in your mindset? ’ ? Background –To provide statistics about the % of population of having childhood obesity in Hong Kong (To show the seriousness of the problem) ? Purpose/Objective – To persuade the government and the public to agree that the mass media is the key determinant that leads to childhood obesity through the means of television especially. Stance – The mass media is the most influential stakeholder in affecting the severity of the problem when compared to family’s influence and primary education in Hong Kong. ?Preview – To compare the effectiveness of the mass media and the primary schools in solving the problem. III. Body 1. The coverage of the receiver ?The public v. s. pr imary students -Advertisements are published through the mass media, such as television and radio, the recipients of the advestisements are the general public; ? Parents are informed ? teach their children about the correct value -Primary school policies (e. g.PE lessons) only influence the primary students, who may not be able to understand the purpose of these policies? not seriously followed 2. Academic studies showing the influences of the mass media on affecting the lifestyle of the obese children. ? A number of studies have confirmed that obesity is directly related to the number of hours spent watching television (Dietz and Gortmaker, 1985, 1993; Gortmaker et al. 1990). ?Attractive commercials advertising food and drink(Bar-Or et al. , 1998; James, 2002) that promote foods that are not recommended for the optimal development of health and fitness of children(Parizkova and Hills, A.P. , 2005) ? IV. Conclusion – Summary / Concluding statement The mass media is one of the most important channel in affecting the childhood obesity problem in Hong Kong. V. References – Books, Websites, etc. 1. Parizkova & Hills, A. P. (2005). Childhood Obesity: Prevention and Treatment. Florida: CRC Press. 2. Non-communicable Diseases Aware,3(9). (2006). Retrieved November 10, 2012 from Centre for Health Promotion, Department of Health Web site: http://www. chp. gov. hk/files/pdf/grp-NCDAware-en-20060915. pdf 3. Bagchi, D. (2011).Global perspectives on childhood obesity : current status, consequences and prevention. Boston: Academic Press/Elsevier. 4. Hui, S. C. (2007). CUHK Sports Science and Physical Education Department Releases Survey Results on Childhood Obesity in Hong Kong. Retrieved November 10, 2012 from The Chinese University of Hong Kong, The Sports Science and Physical Education Department Web site: http://www. cuhk. edu. hk/cpr/pressrelease/070525e. htm 5. Kulkarni, A. (2010). Mass Media Influence. Retrieved November 22, 2012 from http://www. buzzle . com/articles/mass-media-influence. html

Friday, August 16, 2019

Scorch Trials: Unreality

The book had unreality to It because It Is set In what I believe to be a futuristic post-apocalyptic time. It talks about how society got hit by solar flares and are Infected by this disease by the scorch which makes you Into a crazed lunatic who has lost all sense of humanity and wishes to be dead so that pain would stop yet some driving forces makes it attack and kill any living it can possible get a hold of. Also there is a group called the Gladder which is a group of guys and one girl namedTheresa Agnes who can telepathically communicate to one of the boys named Thomas. They also have to fight these one creatures that have these bulb things all over their bodies and have blades for hands which is completely unreal and they Just gruesomely attack the Gladder Just slaughtering some of them. Finally one thing that is totally unrealistic is when they are traveling through this tunnel they come upon these metal spheres. That are extremely hot and they will drop on your head encasing I tself around your head melting away your entire head in Just minutes, butIf you somehow manage to get the meal sphere off your head your head Is badly burned to where It Is barely recognizable. â€Å"Real-World† This book has many real-world ideas integrated into it. For instance this whole â€Å"trial† is overseen by this group called â€Å"WICKED†. It is basically the post-apocalyptic government which consists of all the remaining governments unite into a single totalitarianism one could say where they control absolutely every aspect of the remaining society and especially over the Gladder.This government is much more technologically advanced than ours by far. The city in the book makes me think back to barbaric times and how each â€Å"city† has a Ajar or â€Å"ruler†. Because the city well the section of the city Is controlled by a Hispanic name Jorge. He is at the top of the hierarchy he Is the king, the strongest among that section of â€Å" half-crazies† (not fully taken by the scorch still half human). Jorge commands the half cranes keeping them safe and Glenn the Jobs to do Just basically keeping them organized In a chills manor.WICKED has an army of soldiers that help out the Gladder (well Thomas) from time to time interfering just to the trial afloat by giving Thomas aid when he almost dies and he bring him to Wicker's doctors to fix up Thomas then they placed him back into the city and left again. The second time they help the Gladder is when they fight the bulb creatures near the end when they finish that part of the trial they take them away from the creatures before the creatures could kill off the rest of the Gladder.The final and most important is that in harsh and trouble times people will unite to survive against the terrible odds. People have an Ingrained desire to survive Its instinct really It may be deeply buried In us but somewhere It lays in us all. In the book these boys don't know each other b ut they unite to survive. They create their own family a band of brothers who rely on one another to survive. â€Å"Genre Fiction† I can honestly say this genre is my favorite for multiple reasons. One it is so with all the relatable topics

Thursday, August 15, 2019

Adam Smith and Karl Marx Essay

Adam Smith and Karl Marx Modern political economic theory and philosophy can be greatly attributed to the works of two men who seemingly held polar opposite views on the subject. Adam Smith, a Scottish philosopher, published his most well known work An Inquiry into the Nature and Causes of the Wealth of Nations in 1776 and is most often associated with the ideas and principles of the political economic system known as Capitalism. At the other end of the spectrum is Karl Marx; the German philosopher most often associated with Communism and the author (or co-author) of The Communist Manifesto. This paper seeks to discuss the core differences in their respective political economic philosophies with regards to what economic value is and what the role of government should be in their versions of political economy. This will conclude with the argument that while Smith's work had laid the foundation for modern economic philosophy, it was Marx who would ultimately leave the most significant impression upon the world with his revolutionary ideas. An Inquiry into the Nature and Causes of the Wealth of Nations (commonly abbreviated as The Wealth of Nations) is considered to be the first full treatment on the study of Economics. This work essentially lays the foundation for the economic system known as Capitalism. Interestingly enough, Capitalism was a term first brought into the public debate, somewhat pejoratively, by Karl Marx himself in describing a â€Å"capitalist† as a private owner of capital or the means or production. (â€Å"Capitalism† (Wikipedia), 2008). A consensus definition of this idea is an economic system based on private individual ownership of property in which the distribution of goods is determined freely by competing market forces and investments are made by individuals. (â€Å"Capitalism† (Merriam-Webster), 2008). In a Capitalist society, individuals are free to own property and invest their capital in the pursuit of profit with relatively limited influence or barriers from the government. The Wealth of Nations was organized into five books of several chapters each. The first two books examine the fundamentals of the market system and include explanations relating to the role of labor, the nature of capital and markets, and the motives people have for entering into the market system. The third book is mostly an historical examination of the economics in ancient societies. The fourth book is the core of Smith's argument for the capitalist society and it in these chapters that Smith lays out the core arguments for the limited role of government that is required for long term economic success. The fifth book deals primarily with government spending, revenues and taxation. The Communist Manifesto was much more a call to action than it was a treatise on economics and is a much shorter work than Smith's The Wealth of Nations. Marx also published a very thorough (and denser) economic examination known as Das Kapital in 1867. The conclusions reached in that and other works would underpin the concepts found in The Communist Manifesto. It is not inaccurate to say that Communism is in many ways the opposite of Capitalism. In The Communist Manifesto, Marx and co-author Friedrich Engels listed 10 attributes of an ideal Communist society. The first one lays out the primary condition: â€Å"Abolition of property in land and application of all rents of land to public purposes. † (Marx & Engels, 2006, p. 32) This effectively describes state-ownership and control of all capital and the means of the production made for the benefit of all in a classless society. Communism espouses the idea that the economy should function for the greater good of all society and not merely act as a tool to enrich the ‘bourgeois† or ruling classes. As the title would indicate, The Communist Manifesto lays out the purpose and reasoning for the existence of the Communist party that was developing across Europe in that time. In the prologue, Marx and Engels state the books purpose: It is high time that Communists should openly, in the face of the whole world, publish their views, their aims, their tendencies, and meet this nursery tale of the Specter of Communism with a Manifesto of the party itself. Marx & Engels, 2006, p. 2) The chief disagreement between Capitalists and Communists is who or what is entitled to ownership and the means of production. In chapter one of the second book of The Wealth of Nations, Smith defined capital as the stock (read: assets or money) that a person does not immediately consume for which the owner expects to derive a f uture profit. (Smith, 1909) This of course implies that the individual has possession and ownership of the capital item in the first place. Marx bestows a social aspect upon what capital is in The Communist Manifesto. Marx stated that capital is a â€Å"collective product? nly by the united action of all members of society, can it be set in motion. Capital is therefore not a personal, it is a social power. † (Marx & Engels, 2006, p. 23) In other words, capital belongs to all of the people that are needed to not only produce it, but to provide a reason for its value. One thing that Marx and Smith seems to have agreed upon is something economists call the Labor Theory of Value. While they would ultimately come to different conclusions on the use of the value, the basic assumption is this theory is that value is ultimate derived in an object from the labor necessary to produce it. â€Å"Labor Theory†, 2008) In chapter 5 of book I of The Wealth of Nations, Smith argues tha t â€Å"the real price of everything? is the toil and trouble of acquiring it. † (Smith, 1909, p. 36) Smith distinguishes this from the nominal value of an item that can vary based on market forces; he holds that the real value is constant in relation to the labor that it used in its production. Smith argues in the following chapter that there are three components to the price of an item: the labor needed to produce it, the â€Å"rent of the land† or resources needed to make it, and the â€Å"profit of stock† that compensates the investor for risking his resources. In Das Kapital, Marx also recognizes the labor component of any item in the first chapter. He states that any commodity has a use-value and an exchange value that is derived from the labor needed to produce it. (Marx, 2000) Marx however viewed the â€Å"profit of stock† as the ability of the capitalist to exploit the wage laborers out of the surplus value of the things they create because of their control over the means of production. The role of government in relation to the economic system is a central theme of how ultimately successful the economic system would become. One of Smith's core arguments to the success of capitalism is summarized in his most famous metaphor of the â€Å"invisible hand† found in Chapter 2 of Book IV in The Wealth of Nations: By preferring the support of domestic to that of foreign industry, he intends only his own security; and by directing that industry in such a manner as its produce may be of the greatest value, he intends only his own gain, and he is in this, as in many other cases, led by an invisible hand to promote an end which was no part of his intention. Nor is it always the worse for the society that it was no part of it. By pursuing his own interest he frequently promotes that of the society more effectually than when he really intends to promote it. (Smith, 1909, p. 351-352) Smith argued that in a fair and free market economic system, producers will act in their own self-interest to maximize their profits. As profits increased, competitors would come about seeking to obtain a share of the profits, and would thus drive down prices through this competition. The result was more efficiency and productivity that would lead to the long term benefit of all of society. He was against any government action that would serve to disrupt this natural balance such as trade restrictions, wage laws, and industry regulation. Smith essentially believed that the more the government stayed out of the way, the better off society would be as a whole. In The Communist Manifesto, Marx makes an argument for an entirely stateless society. â€Å"Political power† he states, â€Å"? is merely the organized power of one class for oppressing another. † (Marx & Engels, 2006, p. 3) A common theme of The Communist Manifesto is the struggle between different classes of society, to which Marx simplifies to a clash between the â€Å"bourgeois† and the â€Å"proletariats†. Marx argues that â€Å"The essential condition for the existence, and for the sway of the bourgeois class, is the formation and augmentation of capital; the condition for ca pital is wage-labor. † (Marx & Engels, 2006, p. 19) Marx held the belief that in a pure Communistic society, there would be no classes, and that the government would out of necessity dominate and control the means of production in the economy. The legacy and impact of Adam Smith's Wealth of Nations was felt throughout Europe shortly after its publication. In England in particular, the British prime ministers sought policies that were attributed to what they had learned in Smith's book including a new commercial treaty with France, customs reform, and a change in fiscal policy that resulted in lower debt and government spending. Government's throughout Europe also began to realize the fallacy of the artificial trade barriers erected between the different countries; so much so that they would prefer to trade with their American colonies more often than their own neighbors. West, 1990) Smith's greatest impact is perhaps the academic contribution to the study of economics. Before The Wealth of Nations, there really was nothing of the sort that so thoroughly examined the fundamentals of economics. Nearly every economist after Smith, including Karl Marx, would use The Wealth of Nations as a primary source and base their argument s off of Smith's suppositions. Marx's influence on the world however was far from an academic exercise. The violent revolution that Marx predicted would need to occur in order for the proletariats to overthrow the bourgeois did indeed occur in Russia during the â€Å"Red October† of 1917. The ruling aristocracy of Russia's Czarists came to an end at the hands of Vladimir Lenin's Bolsheviks. This would lead to the formation of the communist Soviet Union. During the revolution, the Bolsheviks seized all the private property around the country, gave control of all the factories to the government, nationalized all the banks, seized all of the Church's properties, and declared that they would not honor any foreign debts. Thus the first real attempt at Communism took the form of the Soviet Union; symbolized by the worker's sickle and hammer on the flag. â€Å"October Revolution†, 2008) The actions of the Soviet Union would go on to inspire many other Eastern countries to attempt their own versions of Communism; all consistent with the principles Marx envisioned in The Communist Manifesto. The resulting conflict of economic fundamentals between these Communist entities and the more Capitalist economies of Western Europe and the United States would spark conflict throu ghout much of the 20th century. References capitalism. (2008) In Wikipedia, The Free Encyclopedia Retrieved December 17, 2008, from http://en. wikipedia. org/wiki/Capitalism capitalism. (2008). In Merriam-Webster Online Dictionary. Retrieved December 17, 2008, from http://www. merriam-webster. com/dictionary/capitalism labor theory of value. (2008) In Wikipedia, The Free Encyclopedia Retrieved December 17, 2008 from http://en. wikipedia. org/wiki/Labor_theory Marx, K (2000) Das Kapital Gateway Edition, Washington, DC, Regnery Publishing, Inc Marx, K & Engels, F (2006) The Communist Manifesto, New York, Penguin Books October Revolution. 2008) In Wikipedia, The Free Encyclopedia Retrieved December 17, 2008, from http http://en. wikipedia. org/wiki/October_ Revolution Smith, A (1909) Harvard Classics: An Inquiry into the Nature and Causes of the Wealth of Nations, New York, P F Collier and Son West, E (1990) Adam Smith's Revolution, Past and Present. Adam Smith's Legacy: His thought in our time. Retrieved December 17, 2008 from http://www. adamsmith . org/images/uploads/publications /ADAM_SMITH_Legacy. pdf

Common law Essay

A Tort is the French word for a â€Å"wrong.† A tort is a civil wrong. A civil wrong involves a breach of a duty owed to someone else, as opposed to criminal wrongdoing which involves a breach of a duty owed to society. Torts are civil wrongs other than breaches of contract and certain equitable wrongs. The law of torts law is a remainder category of civil wrongs once other wrongs are excluded. It covers a grab bag of legal cases comprising such disparate topics as auto accidents, false imprisonment, slander and libel, product liability (such as defectively designed consumer products), and environmental pollution (toxic torts). A person who suffers legal damage may be able to use tort law to receive damages (usually monetary compensation) from someone who is responsible or liable for those injuries. Generally speaking, tort law defines what is a legal injury and what is not. A person may be held liable (responsible to pay) for another’s injury caused by them. Torts can be classified in a number of different ways, one is to distinguish according to degree of fault, so that there are intentional torts, negligent torts, and strict liability torts. In much of the Western world, the measure of tort liability is negligence. If the injured party cannot prove that the person believed to have caused the injury acted with negligence (lack of reasonable care), at the very least, tort law will not compensate (pay) the victim. However, tort law also recognizes intentional (purposeful) torts and strict liability torts, which apply when the person accused of committing the tort satisfied certain standards of intent (meaning) and/or performed certain types of conduct. In tort law, injury is defined broadly. Injury does not just mean a physical injury, such as where Brenda was struck by a ball. Injuries in tort law reflect any invasion of any number of individual interests. This includes interests recognized in other areas of law, such as property rights. Actions for nuisance (annoying or hurting) and trespass (unlawful entering) of land can arise from interfering with rights in real property. Conversion law and trespass to chattels (personal property) can protect interference with movable property. Interests in prospective (possible future) economic advantages from signed agreements can also be injured and become the subject of tort actions. A number of situations caused by parties in a contractual (written agreement) relationship may still be tort rather than contract claims, such as breach of duties. Tort law may also be used to compensate (pay) for injuries to a number of other individual interests that are not recognized in property or contract law. This includes an interest in freedom from emotional distress, privacy interests, and reputation. These are protected by a number of torts such as Intentional infliction of emotional distress, privacy torts, and defamation/slander (destruction of a reputation). Defamation and privacy torts may, for example, allow a celebrity to sue a newspaper for publishing an untrue and harmful statement about him. Other protected interests include freedom of movement, protected by the intentional tort of false imprisonment which is when you are arrested without cause. The equivalent of tort in civil law jurisdictions is delict. The law of torts can be categorised as part of the law of obligations (duties), but unlike voluntarily assumed obligations (such as those of contract, or trust), the duties imposed by the law of torts apply to all those subject to the relevant jurisdiction. To behave in tortious manner is to harm another’s rights, body, property or other rights. One who commits a tortious act is called a tortfeasor. Law of torts consists of some general defense, which can be pleaded in the court of law to get justice. Types of general defenses 1) INEVITABLE ACCIDENTS[1]: The plea of inevitable accident is usually spoken of as a defense but is, strictly speaking, not a defense but only a denial of liability. For instance, in an action for bodily harm, the plaintiff has ordinarily to prove intent or negligence of the defendant; and if he fails to do so, his injury may be said to be an inevitable accident. The burden to prove plea of inevitable accident lies on the defendant and to establish the defense, the respondent will have to establish that accident could not have been avoided by exercise of ordinary care and caution. Ex: Ryland’s v Fletcher 2) MISTAKE[2]: Mistake of law is generally no defense to civil or criminal liability. Mistake of fact is a general defense under the IPC, but not to an action in tort. For instance, an officer who executes a warrant of arrest against the wrong man by mistake is not guilty of a crime, but he will be liable in an action for false imprisonment. Mistake would be an excuse only in those exceptional cases where an unlawful intent or motive is an essential ingredient in liability. Ex: Hollins v Fowler 3) EXERCISE OF COMMON RIGHTS[3]: This, like inevitable accident, is really nota defense but a denial of a breach of duty or violation of rights, as where the defendant builds on his land and shuts f the light of a new house of his neighbour or opens a new shop and ruins an older rival. The defense is necessary on the assumption that their is a general rule of liability for intentional harm. 4) VOLENTI NON FIT INJURIA[4]: It is also known as the defense of consent. Volenti non fit injuria[5] It is a Latin word which means â€Å"to a willing person, no injury is done† or â€Å"no injury is done to a person who consents†) is a common law doctrine which means that if someone willingly places themselves in a position where harm might result, knowing that some degree of harm might result, they cannot then sue if harm actually results. Volenti only applies to the risk which a reasonable person would consider them as having assumed by their actions; thus a boxer consents to being hit, and to the injuries that might be expected from being hit, but does not consent to (for example) his opponent striking him with an iron bar, or punching him outside the usual terms of boxing. Volenti is also known as a â€Å"voluntary assumption of risk.† In Law of Torts, Volenti non-fit injuria is an exception to liability in torts. It means: Where the sufferer is willing and has the knowledge , no injury is done. the precept that denotes that a person who knows and comprehends the peril and voluntarily exposes himself or herself to it, although not negligent in doing so, is regarded as engaging in an assumption of the risk and is precluded from a recovery for an injury ensuing there from. Volenti non fit iniuria (or injuria) (Latin: â€Å"to a willing person, injury is not done†) is a common law doctrine which states that if someone willingly places with proper knowledge themselves in a position where harm might result, they are not able to bring a claim against any damages from the other party in tort. Volenti only applies to the risk which a reasonable person would consider them as having assumed by their actions; thus a boxer consents to being hit, and to the injuries that might be expected from being hit, but does not consent to (for example) his opponent striking him with an iron bar, or punching him outside the usual terms of boxing. Or a person watching a cricket match getting hurt by the ball can be consented. No act is actionable as a tort at the suit of a person who has expressly or impliedly assented to it. In order to plead this defence, it is necessary that the plaintiff should have consented to physical risk or damage as well as to legal risk (i.e. he will get no remedy in law). ESSENTIAL CONDITIONS ââ€" ª Consent must be given freely ââ€" ª Consent must not have been given to an illegal act ââ€" ª Knowledge of risk is not the same thing as consent to run the risk OR 1. A voluntary 2. Agreement 3. Made in full knowledge of the nature and extent of the risk. 1.Voluntary The agreement must be voluntary and freely entered for the defence of Volenti non fit injuria to succeed. If the Claimant is not in a position to exercise free choice, the defence will not succeed. This element is most commonly seen in relation to employment relationships, rescuers and suicide. 2.Agreement The second requirement for the defence of Volenti non fit injuria is agreement. The agreement may be express or implied. An example of an express agreement would be where there exists a contractual term or notice. 3.Knowledge The Claimant must have knowledge of the full nature and extent of the risk that they ran. The test for this is subjective and not objective and in the context of an intoxicated Claimant, the question is whether the Claimant was so intoxicated that he was incapable of appreciating the nature of the risk. Volenti is sometimes described as the plaintiff â€Å"consenting to run a risk.† In this context, volenti can be distinguished from legal consent in that the latter can prevent some torts arising in the first place (for example, consent to a medical procedure prevents the procedure from being a trespass to the person, or consenting to a person visiting your land prevents them from being a trespasser). | | | | Volenti in English[6] In English tort law, volenti is a full defence, i.e. it fully exonerates the defendant who succeeds in proving it. The defence has two main elements: The claimant was fully aware of all the risks involved, including both the nature and the extent of the risk; and The claimant expressly (by his statement) or impliedly (by his actions) consented to waive all claims for damages. His knowledge of the risk is not sufficient: sciens non est. volens (â€Å"knowing is not volunteering†). His consent must be free and voluntary, i.e. not brought about by duress. If the relationship between the claimant and defendant is such that there is doubt as to whether the consent was truly voluntary, such as the relationship between workers and employers, the courts are unlikely to find volenti. It is not easy for a defendant to show both elements and therefore contributory negligence usually constitutes a better defence in many cases. Note however that contributory negligence is a partial defence , i.e. it usually leads to a reduction of payable damages rather than a full exclusion of liability. Also, the person consenting to an act may not always be negligent: a bungee jumper may take the greatest possible care not to be injured, and if he is, the defence available to the organiser of the event will be volenti, not contributory negligence. In the first case (decided before the Occupier’s Liability Act was passed), a girl who had trespassed on the railway was hit by a train. The House of Lords ruled that the fencing around the railway was adequate, and the girl had voluntarily accepted the risk by breaking through it. In the second case, a student who had broken into a closed swimming-pool and injured himself by diving into the shallow end was similarly held responsible for his own injuries. The third case involved a man who dived into a shallow lake, despite the presence of â€Å"No Swimming† signs; the signs were held to be an adequate warning. The defence of volenti is now excluded by statute where a passenger was injured as a result of agreeing to take a lift from a drunk car driver. However, in a well-known case of Morris v Murray [7][volenti was held to apply to a drunk passenger, who accepted a lift from a drunk pilot. The pilot died in the resulting crash and the passenger who was injured, sued his estate. Although he drove the pilot to the airfield (which was closed at the time) and helped him start the engine and tune the radio, he argued that he did not freely and voluntarily consent to the risk involved in flying. The Court of Appeal held that there was consent: the passenger was not so drunk as to fail to realise the risks of taking a lift from a drunk pilot, and his actions leading up to the flight demonstrated that he voluntarily accepted those risks. Rescuers For reasons of policy, the courts are reluctant to criticize the behavior of rescuers. A rescuer would not be considered volens if: He was acting to rescue persons or property endangered by the defendant’s negligence; He was acting under a compelling legal, social or moral duty; and His conduct in all circumstances was reasonable and a natural consequence of the defendant’s negligence. An example of such a case is Haynes v. Harwood[8], in which a policeman was able to recover damages after being injured restraining a bolting horse: he had a legal and moral duty to protect life and property and as such was not held to have been acting as a volunteer or giving willing consent to the action – it was his contractual obligation as an employee and police officer and moral necessity as a human being to do so, and not a wish to volunteer, which caused him to act. By contrast, in Cutler v. United Dairies [9]a man who was injured trying to restrain a horse was held to be v olens because in that case no human life was in immediate danger and he was not under any compelling duty to act. Unsuccessful attempts to rely on volenti: Examples of cases where a reliance on volenti was unsuccessful include: Nettleship v. Weston[10] Baker v T E Hopkins & Son Ltd[11]). In the first case, the plaintiff was an instructor who was injured while teaching the defendant to drive. The defence of volenti failed i.e. because the plaintiff specifically inquired if the defendant’s insurance covered him before agreeing to teach. In the second case, a doctor went in to try to rescue workmen who were caught in a well after having succumbed to noxious fumes. He did so despite being warned of the danger and told to wait until the fire brigade arrived. The doctor and the workmen all died. The court held that it would be â€Å"unseemly† to hold the doctor to have consented to the risk simply because he acted promptly and bravely in an attempt to save lives. Hall v. Brooklands Auto-Racing Club [12] The plaintiff paid to enter a motor-car race track to watch races on a track owned and managed by the defendants. On the evening the plaintiff was spectating, two of the race-cars collided near the barrier between the spectators and the track. The cars collided with the barrier and caused severe injury to the plaintiff and others. The defendants were held liable to pay damages by a jury who found that they had not taken reasonable precautions to protect spectators. On appeal by the defendant, it was held that there was no evidence to find the defendants had not taken reasonable precautions and that there was no obligation to ensure safety in all circumstances, just that reasonable precautions were taken. The defendant’s case was upheld. Wooldridge v Sumner [13] Facts The plaintiff, Mr. Wooldridge, who was a photographer at a horse race, was injured by the horse belonging to the defendant, Sumner, which was ridden in a competition by Sumner’s, who was a skilled and experienced horseman. 1 Judgment The Court of Appeal held that Sumner owed no duty of care to Wooldridge in this case. As a spectator, Wooldridge accepted the risks involved in a horserace he came to watch. As a reasonable participant in the race, which is a fast and competitive sport, the horseman was expected to concentrate on the race and not on the spectator. In the course of a fast moving competition such as this one, he could be expected to make errors of judgment. As long as the damage was not caused recklessly or deliberately, the participant in a race could not be held liable for the spectators’ injuries because he was not negligent, i.e. not in breach of his duty. Dann v. Hamilton [14] The Claimant was injured when she was a willing passenger in the car driven by the Mr. Hamilton. He had been drinking and the car was involved in a serious crash which killed him. In a claim for damages the Defendant raised the defence of volenti non fit injuria in that in accepting the lift knowing of his drunken condition she had voluntarily accepted the risk. Held: The defence was unsuccessful. The claimant was entitled to damages. Asquith J: â€Å"There may be cases in which the drunkenness of the driver at the material time is so extreme and so glaring that to accept a lift from him is like engaging in an intrinsically and obviously dangerous occupation, intermeddling with an unexploded bomb or walking on the edge of an unfenced cliff. It is not necessary to decide whether in such a case the maxim volenti non fit injuria would apply, for in the present case I find as a fact that the driver’s degree of intoxication fell short of this degree†. HAYNES v HARWOOD [15] facts The plaintiff, a police constable, was on duty inside a police station in a street in which, at the material time, were a large number of people, including children. Seeing the defendants’ runaway horses with a van attached coming down the street he rushed out and eventually stopped them, sustaining injuries in consequence, in respect of which he claimed damages. HELD 1) That on the evidence the defendants’ servant was guilty of negligence in leaving the horses unattended in a busy street. 2) that as the defendants must or ought to have contemplated that some one might attempt to stop the horses in an endeavour to prevent injury to life and limb, and as the police were under a general duty to intervene to protect life and property, the act of, and injuries to, the plaintiff were the natural and probable consequences of the defendants’ negligence. 3) That the maxim â€Å"volenti non fit injuria† did not apply to prevent the plaintiff recovering. . 1 Imperial Chemical Industries v Shatwell [16] Volenti non fit injuria, [Latin: no wrong is done to one who consents] The defense that the plaintiff consented to the injury or (more usually) to the risk of being injured. Facts The plaintiff and his brother were were certificated and experienced shotfirers employed by ICI Ltd in a quarry owned by the defendant company. Part of the brothers’ works included wiring up detonators and checking the electrical circuits. There was an old practice where a galvanometer was applied directly to each detonator for testing purposes. This practice was known to be dangerous and was outlawed by statutory regulation. The plaintiff claimed his brother was 50 per cent to blame for the explosion and the employer was vicariously liable. The plaintiff was awarded half of the total amount of damages. The defendant appealed. The Decision The plaintiff and his brother were both experts. They freely and voluntarily assumed the risk involved in using the galvanometer. There was no pressure from any other source. To the contrary, they were specifically warned about complying with the new safety regulations. The defence of volenti non-fit injuria will apply when there is true and free consent to the risk. Note (1) the employers not being themselves in breach of duty, any liability of theirs would be vicarious liability for the fault of J, and to such liability (whether for negligence or for breach of statutory duty) the principle volenti non fit injuria afforded a defence, where, as here, the facts showed that G and J knew and accepted the risk (albeit a remote risk) of testing in a way that contravened their employers’ instructions and the statutory regulations. (2) Each of them, G and J, (the brothers) emerged from their joint enterprise as author of his own injury, and neither should be regarded as having contributed a separate wrongful act injuring the other. The defence of volenti non fit injuria should be available where the employer is not himself in breach of statutory duty and is not vicariously in breach of any statutory duty through neglect of some person of superior rank to the plaintiff and whose commands the plaintiff is bound to obey, or who has some special and different duty of care. Nettleship v Weston [17] is an English Court of Appeal judgment dealing with the breach of duty in negligence claims. In this case the court had considered the question of the standard of care that should be applied to a learner driver, and whether it should be the same as is expected of an experienced driver. | | Facts Mr. Nettleship, the plaintiff, agreed to teach Mrs. Weston, the defendant, to drive in her husband’s car, after he had inquired the insurance policy. During one of the lessons, the defendant lost control of the car and caused an accident in which the plaintiff was injured. The defendant argued that the plaintiff was well aware of her lack of skill and that the court should make allowance for her since she could not be expected to drive like an experienced motorist. 3 Judgment The Court of Appeal, consisting of Lord Denning MR, Salmon LJ and Megaw LJ held that applying a lower standard to the learner driver because the instructor was aware of his inexperience would result in complicated shifting standards. It would imply, for example, that an inexperienced doctor owed his patient a lower standard of care if the patient was aware of his lack of experience. The standard of care for a learner driver would be the usual standard applied to drivers: that of an experienced and skilled driver. The policy consideration that played a role in this decision was that the learner driver was covered by insurance. Over the dissent of Megaw LJ, the Court of Appeal held that the instructor was also responsible for the accident as he was partially in control of the car and should only be able to recover half of his damages due to negligence. Able to recover half of his damages due to contributory negligence. Baker v T E Hopkins & Son Ltd[18] 1 Facts Two employees of the defendant company were overcome by carbon monoxide fumes in a well they were attempting to decontaminate. The plaintiff, a doctor, went in to try to rescue them even though he was warned of the fumes and told that the fire brigade was on the way. All the three men died. 2 Judgment The defendant company argued that the (the estate of) the plaintiff doctor should either not be compensated because the doctor knowingly accepted the risk he was taking or his damages would be reduced for contributory negligence. The Court of Appeal considered that such a suggestion was â€Å"ungracious† and that it was unseemly and irrational to say that a rescuer freely takes on the risks inherent in a rescue attempt. The doctor’s contributory negligence could only be recognized if he showed â€Å"a wholly unreasonable disregard for his own safety†. 3 Significance This case is one of the many in which the courts have refused to hold rescuers who have suffered in their rescue attempts to have negligently contributed to their injuries or accepted the risks involved in their rescue attempt. This applies to both amateur and professional rescuers, such as fire fighters (See Ogwo v. Tailor [19]) INDIAN CASES United India Insurance Co. Ltd. vs Guguloth Khana And Ors.[20] Facts:– On 23-5-1991 a lorry bearing No. AP 26-T-364 belonging to M/s. Amruthesh Transport Company started at Warangal with some load of groundnut oil cake to go to Anakapalle in Visakhapatnam. One Ch. Mallikarjun was engaged as driver of the said lorry. There was a comprehensive insurance policy for the lorry with the United India Insurance Company. When the lorry reached near Thorrur village on the way leading to Khammamm P.W.D. Road, several villagers were waiting on the road, due to lack of transport facility because of the assassination of Sri Rajiv Gandhi on the previous day (22-5-1991). Then, about 25 persons, including some children and women boarded the lorry. The lorry, after travelling about five kilometers from Thorrur village and reached near Mattedu village, the driver of the lorry applied sudden brakes whereby the lorry turned turtle, as a result of which twelve persons died on the spot and three more persons also died after they were taken to hospital. Ten persons sustained injuries. The claimants, either the injured or the legal heirs of the persons who died in the accident, have filed the O.Ps against the owner, driver and insurer of the lorry. Before the Motor Accidents Claims Tribunal, the driver of the lorry who was served with notices in the O.Ps remained ex parte. Before the Tribunal, owner of the lorry filed counter, denying the averments in the O.Ps, contending that the driver of the lorry was not responsible for the accident. It was contended that at the time of the accident, another lorry was coming in the opposite direction at high speed in a rash and negligent manner, and to avert accident, the driver of the lorry applied sudden brakes by taking the lorry to the extreme left side of the road. Due to bad condition of the road, the lorry turned turtle resulting in fatal road accident. He also contended that he has given strict instructions to the lorry drivers not to carry passengers on their lorries. Before the Tribunal, the present appellant-Insurance Company also filed counters admitting that the lorry involved in the accident was insured with it as a goods vehicle, in which passengers are not allowed to travel. It was contended that as per the conditions of insurance policy only six persons are authorized to travel in the lorry and that the persons who travelled in the lorry were unauthorized passengers. It was contended that even if for any reason it is considered that the deceased and injured are non-fare paying passengers, the liability of the Insurance Company is limited to Rs. 15,000/- in case of death and lesser amount for injuries. The Insurance Company disputed the quantum of compensation claimed in the O.Ps. by the respective claimants. Issues raised †¢ Whether the accident took place due to rash and/or negligent driving by respondent No. 1? †¢ To what compensation if any, the petitioners are entitled to and if so, against which of the respondents? †¢ To what relief ? Subsequently, the issues were recast as under: âž ¢ Whether the accident took place due to rash and/or negligent driving of the lorry by its driver Ch. Mallikarjun? âž ¢ Whether there were specific instructions issued to the drivers of the Transport Company that they should not carry passengers enroute and if so, on that ground that owner of the crime vehicle is not liable to pay the compensation in the claim petitions? âž ¢ Whether the third respondent Insurance Company is not liable to cover the risk of the deceased and injured involved in the accident under the terms of the Insurance policy, the copy of which is marked as Ex.B-1 along with the terms and conditions of the policy including Indian Motor Tariff marked as Ex. B-2? âž ¢ Whether the petitioners are entitled for compensation, if so, to what amount and from whom? âž ¢ To what relief? . Decision (a) On consideration of the oral and documentary evidence on record, the Tribunal held that the accident has taken place due to rash and negligent driving of the lorry by its driver. The Tribunal negatived the contention of the owner of the lorry that he is not liable to pay compensation. Basing on these two findings and the medical and documentary evidence available on record, different amounts of compensations were granted to the different claimants in the respective O.Ps, who are arrayed as respondents in the appeals. (b) Aggrieved by the same, the present appeals are filed by the Insurance Company. (c) The first contention advanced by the Counsel for the appellant-Insurance Company is that the injured/deceased who travelled in the lorry are unauthorized passengers in a goods vehicle and the insurance policy issued is for the goods vehicle and there is no reason to fasten the liability on the Insurance Company; it is a violation of policy conditions and there is no need to fix the liability against the present appellant-Insurance Company. (d) The second contention advanced by the Counsel for the appellant-Insurance Company is that the owner of the lorry got examined R.W. 1, Manager in the Transport Company, who stated that he was informed by the driver of the lorry that the injured/ deceased unauthorisedly entered the lorry, and the maxim/doctrine â€Å"volenti non fit injuria† applied to this case as they voluntarily entered into the lorry at their own risk and there is no reason to fasten liability on the Insurance Company. (e) In these cases, so far as the first contention of the Counsel for appellant that the claimants/respondents are travelling as a gratuitous passengers in a goods vehicle and not entitled for compensation and the Insurance Company is not liable to pay any such compensation, is concerned, it is contrary to the principle laid down by the Supreme Court in New India Assurance Company v. Shri Satpal Singh and Ors[21]. . In that case, the Supreme Court considering clause (ii) of proviso to Sub-section (1) of Section 95 of the Motor Vehicles Act, 1939 (Old Act) and Section 147 of the Motor Vehicles Act, 1988 (new Act), and noticing the absence of a similar clause in the new Act, held†Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦under the new Act an insurance policy covering third party risk is not required to exclude gratuitous passengers in a vehicle, no matter that the vehicle is of any type or class†. In view of the above ruling of the Supreme Court, there is no merit in the first contention of the appellant, that the injured/legal heirs of the deceased in these cases are not entitled to any compensation on the ground that they are gratuitous passengers, is without substance and the same is hereby rejected. . [i](f) Learned Counsel for the appellant-Insurance Company relied on the decision in V. Gangamma v. New India Assurance Co. wherein a learned Single Judge of this Court held that the Insurance Company is not liable to pay compensation to the dependants of the deceased persons who are travelling in the vehicle at the time of accident as trespassers and not as passengers. The facts of that case are entirely different from that of the facts in these appeals. In the case cited, the claimants were treated as passengers on the basis of evidence of R. W. 1 (the driver of the lorry therein), who categorically stated that the claimants-therein have forcibly entered into the lorry asking him to take them to particular place and threatened to beat him if he does not do so. In the present cases, there is no evidence to show that the claimants/deceased entered into the lorry forcibly with any threat to the driver of the lorry. So, the decision in Gangamma’s case (3 supra) is not applicable to the case on hand. The appeals was dismissed. BIBLIOGRAPHY †¢ Rmaswamy Ayers LAW OF TORTS 10th edn.(by A Lakshminath &M Ssridhar) †¢ Winfield and jodowiez, TORT WVH Jogers,7th edn. †¢ 1990] 3 All ER 801 ( Court of Appeal), †¢ [1935] 1 KB †¢ [1933] 2 KB 297 †¢ [1971] 3 All ER 581 (Court of Appeal †¢ [1959] 3 All ER 225 (Court of Appeal †¢ (1933) 1 KB 205 †¢ [1963] 2 QB 23 †¢ 1959] 3 All ER 225 (Court of Appeal †¢ [1988] AC 431). †¢ II (2001) ACC 392, 2001 (2) ALT 185 [1999] RD-SC 411 ———————– [1] Rmaswamy ayers LAW OF TORTS 10th edn.p.939(by A Lakshminath &M Ssridhar) [2] Rmaswamy ayers LAW OF TORTS 10th edn.p.940(by A Lakshminath &M Ssridhar) [3] Rmaswamy ayers LAW OF TORTS 10th edn.p.940(by A Lakshminath &M Ssridhar) [4] Rmaswamy ayers LAW OF TORTS 10th edn.p.940(by A Lakshminath &M Ssridhar) [5] Winfield and jodowiez,TORT WVH Jogers,7th edn.P.1057 [6] Winfield and jodowiez,TORT WVH Jogers,7th edn.P.1058 [7]1990] 3 All ER 801 ( Court of Appeal), [8] [1935] 1 KB 146 [9] [1933] 2 KB 297 [10] [1971] 3 All ER 581 (Court of Appeal [11] [1959] 3 All ER 225 (Court of Appeal [12] (1933) 1 KB 205 [13] [1963] 2 QB 23 [14] [1939] 1 KB 50 [15] [1935] 1 KB 146 [16] [1964] All ER 999 [17] [1971] 2 QB 691 [18] 1959] 3 All ER 225 (Court of Appeal [19] [1988] AC 431). [20] II (2001) ACC 392, 2001 (2) ALT 185 5 [21] [1999] RD-SC 411 ———————– ———————– |LAW OF TORTS |August 29 | | |2013 | |THIS RESEARCH PAPER BRINGS OUT THE APPLICATION OF VOLENTI NON FIT INJURIA, AS A | VOLENTI NON FIT INJURIA &CASES | |DEFENCE IN TORT LAW. | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |

Wednesday, August 14, 2019

Background of the Study

This doctoral dissertation will be conducted to determine the intensity of need for abused victims’ therapist hotline, one stop shop and law enforcers in diverse States of America. It will make use of the experimental method of research as it is aimed at ascertaining intensity of needs for therapist hotline, parametric reception areas, and secured holding quarters for abused victims as against law enforcers mere investigations often including mandatory reporting or convincing the victim to do her job of confronting the suspect through standard judicial proceedings. Chapter 1 Introduction   Background of the Study There is a demand for abused victims’ hotline and a one stop shop in diverse states of America.   Consequently, the building interest was by no means, then, limited to Law enforcers.   However, it is now spreading all over America at a rate that surprises secular and non-secular entities that supplies similar services. Americans have developed great interest in this endeavor because of its humanitarian and public values.    They apparently have realized that it makes victims feel safe in non-judgmental, anonymous places to test the waters as they begin their quest to find appropriate help they need.   Many may have realized that abused victims’ hotline and one stop shop, lifts up their spirit, brighten victims’ world, and add zest to life.   Moreover, abused victim’s hotline and one stop shop is an avenue that promises socially rewarding prospects. Statement of the Problem This study is mainly concerned with finding out the intensity of need for abused victims’ therapist hotline, one stop shop and law enforcers in diverse States of America.   It will address itself to the following problems: 1.   Which of the needs classified as?   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   a. therapist hotline;   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   b. parametric reception areas;   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   c. secured holding quarters;   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   d. law enforcers mere investigations;   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   e. mandatory reporting; and   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   f. convincing victim to confront suspect with legal options will best meet the requirement of an abused victim? 2.   At what category will the fragile case of an abuse victim be best handled and accommodated? 3.   Which among these classified needs meets the immediate requirements of the abused victim under the following circumstances?   Ã‚  Ã‚  Ã‚  Ã‚   a. rape victim   Ã‚     Ã‚  Ã‚  b. substance abuser   Ã‚  Ã‚     Ã‚  c. domestically abused Significance of the Study In a country like the United States of America the need for an avenue that promises socially rewarding prospects is vital; hence, it becomes imperative to extend present day knowledge on developing speedy communication system, appropriate reception and apt accommodations for abused victims. The researcher believed that the baseline data that will be gathered for the results of this study shall serve as guide of other researchers in their quest for additional knowledge specially those interested in the field of psychology and sociology Theoretical Framework of the Study An abused victim normally walks off with traumas of their pains. Some of them prevail over the stress and surfaced with triumph. But, most are too weak to be devastated with grief.   The difference between civil and criminal cases in domestic violence (Rainer, 2006) is a problem which an abused victim must face up to. Plus is the idea of confronting the suspect in court considering the raw sores of recently inflicted pains abused victims immediate needs must be addressed first prior to other legal measures. Commonly, Social psychologist views that the impact of social processes on human behavior may specialize into attitude formation and attitude change, group dynamics, prejudice, or violent behavior. Karl Emil Maximilian Weber (1864-1920) a famous social theorist of the 20th century took Kant view of moral psychology suggesting principled deed is primarily concomitant with self-discipline (Mohr, J. C. B., 1984). So is the interest of psychotherapist as specialist in the area of handling abused victims. For Weber, the significance and worth of what one does would rely upon one’s perspective of things (Mohr, J. C. B., 1984) which is exactly the same perspective as those the advocates of an abused victims’ hotline, parametric reception area, holding areas. These steps can be proven, understood and explained making it rational (Mohr, J. C. B., 1984). Assuming the abused victims’ desire for treatment and rehabilitation which may be a specific personality and is dependent upon the victims’ personal commitment, the strength of community values where the victims’ are, is a very important foundation (Mohr, J. C. B., 1984). Hypotheses:   Ã‚  Ã‚  Ã‚   1.   Ho: There is no significant difference among therapist hotline, parametric reception areas, secured holding quarters, law enforcers mere investigations, mandatory reporting, and convincing victim to confront suspect with legal options to meet the requirement of an abused victim?   Ã‚  Ã‚  Ã‚   2.   Ã‚  Ho: There is no category that will best handle and accommodate the fragile case of an abuse victim.   Ã‚  Ã‚  Ã‚   3.   Ã‚  Ã‚  Ho: There is none among the different classification of needs meets the immediate requirements of the rape victim, substance abuser and domestically abused victim. Scope and Delimitation of the Study The study will be delimited to the use of therapist hotline, parametric reception areas, secured holding quarters, law enforcers mere investigations, mandatory reporting, and convincing abused victims such as rape, substance abuser and domestically abused to confront suspect with legal options.