Pain, Suffering and Loss of Amenity - Free Essay Example

Sample details Pages: 4 Words: 1233 Downloads: 9 Date added: 2017/06/26 Category Law Essay Type Narrative essay Did you like this example? Advanced Legal Method (Brief) Pain, suffering, loss of amenity This heading of damages is usually under general damages. Since this is a non-pecuniary loss, there is no exact figure to impose on it. The level of damages varies from different claimants. Don’t waste time! Our writers will create an original "Pain, Suffering and Loss of Amenity" essay for you Create order Here, VR will be able to claim damages for the pain, suffering and loss of amenity as a result of suffering the injuries from the accident. The range of damages that will be here has been subjected to the 10% increase in general damages as decided in the case of Simmons v Castle.[1] Firstly, VR suffered contusions to his forehead. He was kept overnight at the hospital, had mild nausea for 2 days and 2 weeks of headaches which responded well to normal doses of paracetamol. He recovered fully by 26th May. According to the Judicial College Board Guidelines (JCB) this will be classified as a minor head injury and damages would range from  £1,788 to  £10,340. Lowest end of the bracket reflects on full recovery within a few weeks. VR recovers from the injury within 3 weeks. He would probably receive around  £1,800 as compensation for pain and suffering. VR does not suffer any loss of amenity Secondly, VR also had a simple undisplaced fracture of nose. According t o the JCB Guidelines, damages under fractures of nose without displacement will be in the range of  £1,375 to  £2,035. Since there was no permanent damage to VRà ¢Ã¢â€š ¬Ã¢â€ž ¢s nose, he would not have any loss of amenity. He could to get about  £1,400 as compensation for pain and suffering. Finally, VR sustained crush injury to his right hand. Initial treatment alleviated pain and discomfort but he had to undergo further operation. After the operation, doctor said that VR will never recover full dexterity in that hand. The loss of use is about 10% use of the hand. This will most likely be classified as Moderate Hand Injury under the JCB Guidelines. Damages would range from  £5,060 to  £10,725 where top of the bracket is appropriate where permanent disability remains after surgery. The injury had continuing impact to his hand and gives VR difficulty in counting money, writing and some types of carving motion. His hand also gets stiff and un comfortable in the cold which puts him off his former hobby of owl watching which he used to do twice a month. Since the injury has impacted VR significantly, he would probably receive damages at the top end of the bracket which is  £10,725 for the pain, suffering and loss of amenity he has to endure. The total damages that VR would get for pain, suffering and loss of amenity would be  £13,925. Special Damages Firstly, VR will be able to claim for his partner, MsCarterà ¢Ã¢â€š ¬Ã¢â€ž ¢s loss of wages due to taking 10 days unpaid leave to provide care and support for him. MsCarter earns  £420.60 per week and since she lost wages for two working weeks this amounts to a total loss of  £841.20. VR will be able to claim this amount since it was incurred due to MsCarter acting as his caretaker. Secondly, VR can claim for his medical expenses. His decision to operate at CUPA rather than at Loptown General due to the 3-months waiting list will not af fect the amount of damages he will receive because he has a statutory right to receive private treatment.[2] In conclusion, VR will be able to claim the full  £4,600 for his medical expenses in which he paid fully. Thirdly, VR was off work for 10 working days due to the injuries. Since he was still paid his normal take home pay during the 10 days off, the loss he suffered here was his overtime pay during the 10 working days. He normally works 3 overtimes hours a week at  £22 per hour which amounts to  £66 per week and  £132 for two weeks. Furthermore, he had to take two days unpaid leave for medical appointments in which he lost 16 hours of pay at the rate of  £16 per hour. This amounts to a loss of  £256. Hence, the total loss of wages suffered by VR is  £388. Additionally, VR can claim damages for the repair of his car at his usual garage at the cost of  £1,544. This is also the lowest quote he found. VR can also claim for the taxi fares in which he took to the hospital twice for medical examinations. One was  £34 and the other was  £32.50 adding up to a total of  £66.50. Moreover, VR can claim for the  £220 paid by the firm to obtain a formal letter from the doctor regarding his condition and treatment. Finally, VR can claim for the  £220.50 in which he spent at Debenhamà ¢Ã¢â€š ¬Ã¢â€ž ¢s for replacement clothing which had been damaged by the accident. VR can produce receipts from the garage, from Debenhamà ¢Ã¢â€š ¬Ã¢â€ž ¢s, and from the taxi company he had used to go to the hospital. The total amount of special damages VR can claim is  £7,880.20. General Damages Pain, suffering and loss of amenity are a part of general damages but it is already covered above. The other type of claim under general damages which is valid to VR would be a claim for loss of future earnings. According to VRà ¢Ã¢â€š ¬Ã¢â€ž ¢s employee, VR was progressing well an d might be promoted to Master Carver in 12 months where he would be earning  £36 per hour and  £42 per overtime hour but his reduced ability to carry out fine work as a result of this accident has taken VR out of the consideration of his employee for the Master Carver position. In conclusion, VR will be able to claim for a loss of future earnings. However, to be able to do so I would require his education level and also his preferred age of retirement which was not available in the document. Other factors affecting level of damages The injuries suffered by VR were consistent with him being thrown forward by an impact and the injuries could have been avoided had he been wearing his seatbelt. Since VR injuries was partly his own fault, he will be deemed to be contributory negligent. However, being contributory negligent will not defeat his claim.[3] In the case of  ­Froom v Butcher,[4] Lord Denning stated that damages should be reduced by 25% in cases where injuries would be prevented altogether if a seatbelt had been worn. After that, in the cases of J (A Minor) v Wilkins[5] and Gawler v Raettig[6], the court stated that 25% is just a guideline but so far, it can be seen that the courts are reluctant to go above this figure. In conclusion, VRà ¢Ã¢â€š ¬Ã¢â€ž ¢s total damages will most likely be reduced by 25% because all his injuries could have been prevented had he been wearing his seatbelt. Summary of quantum of damages to be claimed Pain, suffering and loss of amenity =  £13,925 Special damages =  £7,880.20 Contributory negligence damage reduction = 25% Total damages =  £16,353.90 The total damages that VR can claim for is  £16,353.90 excluding the loss of future earnings which cannot be calculated without his education level and retirement age. Table of Cases Froom v Butcher [1976] 1 QB 286 Gawler v Raettig [2007] EWCA Civ 1560 J (A minor) v Wilkins [2001] RTR 19 Simmons v Castle [2012] EWCA Civ 1039 Table of Legislations Statutes: Law Reform (Personal Injury) Act 1948 Law Reform (Contributory Negligence) Act 1945 Statutory Guidelines: Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases Bibliography Deakin S, Markesinis and Deakins Tort Law (OUP 2013, 7th edition) Horsey K and Rackley E, Tort Law (OUP 2012, 3rd edition) 1 [1] [2012] EWCA Civ 1039 [2] Law Reform (Personal Injury) Act 1948, s 2(4) [3] Law Reform (Contributory Negligence) Act 1945, s 1(1) [4] [1976] 1 QB 286 [5] [2001] RTR 19 [6] [2007] EWCA Civ 1560

How Leadership Style Can Affect Coaching - 2088 Words

Coaching competencies are needed in the growing industry around the world, especially for leadership development. According to Zenger and Stinnett (2006), about 70% of formal leadership development programs in organizations have some different forms of coaching. This reveals that coaching is becoming a World Wide phenomenon. As a result of this popularity, many coaching competencies, models, tools and training have appeared. For instance, effective coaching requires the coach to have good communication skill, client motivation, self-management, and technical skill. These skills enable the coaching session come up with positive success. However, a major variable in the success of any coaching process is what training and practices†¦show more content†¦There is a need to consider the personal credibility of the coach, education, professional background, experience, and expertise. To encourage a professional service, the coach should ensure that all business materials such as c ards send a strong consistent message to their potential clients. This professionalism should also be extended to the dress code of the coach. For the organization, the selection process of the coaches should involve stringent quality criteria. Involvement of the coach: The coach should have the ability to develop an atmosphere of trust in the coaching sessions. Coaches need to ensure that they have an intrinsic strong motivation for the coaching work. In my opinion, a genuine interest in the client is significant to building a good coaching relationship. For the organizations, coaches should be made to attend an interview process prior to any coaching assignments. The interview gives the opportunity for both sides to learn about each other and decide whether a working relationship can develop. Clarity and goals: The process and conduct of a coaching program are important to the positive outcome. It involves roles, methods, and actions during the coaching process (Schmidt, 2003). Th e coaches need to invest time at the beginning of any coaching assignment in order to establish good working relationship with the client. The coach needs to be

Critical Lenses Essay Free Essays

L. a Date: 11/14/12 Critical Lenses Herodotus once said â€Å"men are at the mercy of events and cannot control them. † In saying this Herodotus meant that men cannot control any situation, but that it is fate that determines what is to occur. We will write a custom essay sample on Critical Lenses Essay or any similar topic only for you Order Now Prince Edward from The Prince and the Pauper by Mark Twain and Macbeth from Macbeth by William Shakespeare prove this statement to be both true and false. Macbeth in the play (structure) Macbeth by William Shakespeare proves the statement true. The story is about a man named Macbeth and him becoming king (plot). In the year 1040 in Scotland (setting) three witches prophesize to Macbeth that he will be King (foreshadowing). Macbeth is forced to kill the current king, King Duncan, in order to take the throne. After Macbeth kills King Duncan he feels very guilty. Macbeth ends up killing even more people to cover up his lie (characterization) As Macbeth’s life goes on as king, he begins hearing voices and having hallucinations of Banquo’s ghost (imagery). These are just the consequences of his actions, and he had to live with them. Macbeth goes from gaining respect, appreciation and wealth to losing everything (characterization). Macbeth chooses to listen to the witches’ prophesy, rather than listening to Banquo telling him the prophecy may be evil; thus, Macbeth causes his own problems. In contrast Prince Edward from The Prince and The Pauper by Mark Twain was more at the mercy of his situation than was Macbeth. In this novel (structure), Prince Edward has been raised in luxury. Prince Edward birth was celebrated by the whole country and was wrapped in silks and satins (imagery). He is used to fine foods, magnificent clothing, and to being waited on by hundreds of servants, as well he is accustomed to being protected and to giving commands that others obey quickly. He is used to these things simply because they are part of the life of a prince. Having spent his entire life in the confines of the royal palace, he has daydreamed about the freedom experienced by boys such as Tom Canty (the pauper). One afternoon Prince Edward and Tom Canty trade clothing and as a result, they trade lives as well. Prince Edward trades places with Tom Canty and ends up in Offal Court. Prince Edward gets to experience what Tom Canty’s everyday life was like: to be poor and be treated horribly by Tom’s father. Prince Edward is now learning how hard life is for his subjects and how unfair the laws are. Edward, as a child, is now at the mercy of adults outside the palace, both good and bad. After many adventures, matters are set right again, with the help of Miles Hendon to take him back to the palace, with one of the boys resuming his rightful, royal position and the other boy accepting a position that recognizes his innate intelligence and good heartedness (plot). Macbeth from Macbeth by William Shakespeare and Prince Edward from The Prince and The Pauper by Mark Twain prove Herodotus’s saying â€Å"men are at the mercy of events and cannot control them† to be true as well as false. The statement means that men cannot control any situation but that it is fate that determines what is to occur. Both Prince Edward and Macbeth make poor decisions which get them into trouble . However, Macbeth, the adult, makes worse decisions that are wrong and evil and deserve punishment. Edward, the child, makes an innocent mistake and is punished anyway. Yet, fortunately, though the kindness of Miles Hendon, Edward is able to return home, having learned from his experiences, unlike Macbeth who loses everything and is killed. How to cite Critical Lenses Essay, Essay examples

Mary queen of scots Essay Example For Students

Mary queen of scots Essay The biography that is being reviewed is Mary, Queen of Scots by Gordon Donaldson. Mary Stuart, was born at Linlithge Palace on December 8, 1542, sixs days later she became Queen of Scotland. Mary became Queen of France and soon her greediness grew and she wanted to take over England. Mary was unwilling to stay in France, so she went back to Scotland. There her second husband died and she was imprisoned in England for the suspicion of the murder. Mary had a bad ending to her life. Mary got caught in attempting an assassination of Queen Elizabeth for which she was beheaded on February 8, 1587. In conclusion, Mary had a hard life trying to keep her thrones. The first chapter in the book discusses the reign of King James V, father of Mary Stuart. He became King of Scotland at the age of one after his fathers death at the Battle of Flodden. His marriage to princess Madeleine ended after her sudden death, and James then married Mary of Guise-Lorraine in 1538. This marriage cemented the All iance between Scotland and France but worsened relations with England leading to the war with Henry VIII, which ended in Scottish defeat in 1542. James V died in Falkland Palace, on December 14, 1542, As a worn-out, desperate man, at the age of thirty years. His daughter Mary, just six days old, was his successor. In chapter two Mary, Queen of Scots was being educated in France, where she was sheltered from the danger of Scotland, England and France and their constant bloodshed. During Marys childhood, France, England, and Scotland fought over religious decisions and particularly over who should control the church. At the end of the chapter, the Book of Discipline, comes into effect on setting up a regional organization for the Church. In the beginning of chapter three, Mary is eighteen years old, married and then widowed, and she is Queen of Scotland and France. The King of England, Francis, is dying, and Mary has the thirst for more power by trying to become Queen of England. Mary s sister-in-law, Elizabeth, also finds the idea of being Queen tempting but by being illegitimate by birth, Mary feels she has the upper hand. She marries Lord Darnley, her English cousin, and is infatuated with him in the beginning, but she soon starts to dislike him and refuses his demands for crown matrimonial. Darnley becomes jealous of Marys most trusted friend, David Rizzio, and sets a plot to murder him. In 1566, a band of nobles led by Darnley, broke into Marys home and killed Rizzo, perhaps hoping that the shock of it would prove fatal to the pregnant queen. After the murder of Rizzio, Mary realized that Darnley, the playboy who was too interested in hunting and women, was unfitted for the political power in front of him. Mary reconciled with Darnley, but after Rizzios murder, it was not sincere. Mary and Darnley never cohabited again, even after the birth of their son. In chapter four, Mary is looking for the support of a man who is of assured loyalty. The strongest candidate then was James Hepburn, Earl of Bothwell. Bothwells family was one of the most important in Scotland, with wide lands of their own and wider political leadership of other distance relatives. In February of 1567, Darnley was ill and staying at the old Provosts Lodging.At two in the morning, an explosion demolished the lodge and Darnley was found outside, dead. Mary had visited him earlier that week for she was trying to reconcile with Darnley. She feared she was pregnant with a child and that everyone would know it could not be Darnleys. After Darnelys death, Bothwell abducted Mary, and they were married with protestant rites. By this, her people revolted for she had thrown away her reputation, shown her approval of her husbands murder, and abandoned the church of her fathers. Even though she sacrificed her thrown for Bothwell, the marriage brought her no happiness. Before the marriage even took place, opposition was being formed to liberate the Queen and the prince from Bothwell. After the rebels and the Queens armies met in Carberry, the Queen, knowing her army had begun to diminish, surrendered to be brought to Edinburgh in disgrace. The next day she was sent to Lochleven where she was overthrown and forced to abdicate in favor of her son, King James VI. Bothwell was put on trial for the death of Darnley and was proclaimed regent on August twenty-second. The beginning of chapter five brings us to the bondage and captivity of Mary in the island castle of Lochleven. Bothwell went to Norway and fell into the hands of kinsfolk of a Norwegian girl with whom he had seduced. He then was put in prison where he died. Mary fled from the castle of Lochleven and was at large for eleven days in which she gathered between 5,000 and 6,000 men to be in her party. Mary wrote to Queen Elizabeth to try to re-gain her right to the thrown, but Mary never gained support fro m Elizabeth and her party failed to win the battle. Mary was put back into detention in England and from then on her number of supporters dwindled and finally she was alone. Chapter six brings us to the trial of Mary, by Moray, where she is accused of the murder of her second husband, Darnley. Mary wanted to please Elizabeth so that she would help stop the trial and give her back her title as Queen. Mary felt that it would please her if she married one of her subjects. The first candidate was the Duke of Norfolk. Although they had never met, the two had been writing letters and sending gifts to each other. Norfolk wanted to marry Mary but only if she were a queen regnant, not a prisoner. Norfolk tried to negotiate with Moray in that he might accept a compromise. There was talk that Moray was withholding evidence to get Mary imprisoned for life yet no one could prove it. Despite what Mary had conceived about Elizabeths feelings, the queen was less than pleased from the arrangement. M ary was then moved to Westminster where Elizabeth decided that the trial proceedings should take place there. Moray was now able to receive the assurance that he wanted- that if he should prove Marys guilt, his position would be secured, and Mary would be imprisoned for life. Mary was refused the right to be received in person. During the trial, there was a deadlock. Elizabeth refused to let Mary see the Book of Articles until she promised to answer it, and Mary had refused to promise to answer it until she had seen it. It was on January tenth that Elizabeth announced her inconclusive finding. Nothing had been proved against Moray to prove his dishonor and nothing had been proved against Mary to cause Elizabeth to conceive any evil opinion of her. Both were innocent. But the two were treated differently. Moray was given liberty to depart for Scotland, with a loan. Marys commissioners said that if Moray is at liberty to go, then so should Mary be. It was a double success for England. The Queen of Scots was to remain deprived of her crown and Moray could continue to rule. In chapter seven, Marys restoration to her thrown had by no means been finally stopped. Six moths after the decision, the Queens party in Scotland was proposing that she should be divorced from Bothwell to be married to Norfolk in order to begin her restoration. Mary also thought of retiring in England where she could be with James and even rule jointly with him. It was told that Mary had not resigned her claim to the English thrown as Elizabeths heir. Mary was then taken to Tutbury Castle, a medieval castle that was in ruins and Mary loathed the living quarters. She was allowed to leave now and again to bathe at Buxton for the sake of her health and she was allowed fresh air and exercise. Marys keeper, George Talbot, instructed that she be treated as a queen and she was, in some respect. Mary had her own household of thirty to forty persons and she was allowed to sit under a royal cloth of sta te. Mary continued to try to regain her right to the thrown. Anthony Babington plotted to assassinate Elizabeth and he told Mary about the plot. Mary not only agreed but she replied with a letter that eagerly welcomed it. Mary felt that this plot was what she needed for her restoration. Marys letter to Anthony was seized and Elizabeth was informed about the devious plot that was about to unfold. In a trial, Mary was judged guilty and a few days later, parliament petitioned for her execution. Elizabeth then asked parliament if in some other way Mary could be found, short of the death sentence but it was a unanimous decision. After the death warrant was signed, Elizabeth still tried to save Mary from execution, but the ruling would not be overthrown. Mary was beheaded on February 8, 1587, This woman, who had so often broken down at moments of crisis and who had collapsed when she had to witness the execution of Sir John Gordon in 1562, faced her own end with calm, courage, and dignity . .ue13651533d568f36f35f877cb974cc78 , .ue13651533d568f36f35f877cb974cc78 .postImageUrl , .ue13651533d568f36f35f877cb974cc78 .centered-text-area { min-height: 80px; position: relative; } .ue13651533d568f36f35f877cb974cc78 , .ue13651533d568f36f35f877cb974cc78:hover , .ue13651533d568f36f35f877cb974cc78:visited , .ue13651533d568f36f35f877cb974cc78:active { border:0!important; } .ue13651533d568f36f35f877cb974cc78 .clearfix:after { content: ""; display: table; clear: both; } .ue13651533d568f36f35f877cb974cc78 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .ue13651533d568f36f35f877cb974cc78:active , .ue13651533d568f36f35f877cb974cc78:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .ue13651533d568f36f35f877cb974cc78 .centered-text-area { width: 100%; position: relative ; } .ue13651533d568f36f35f877cb974cc78 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .ue13651533d568f36f35f877cb974cc78 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .ue13651533d568f36f35f877cb974cc78 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .ue13651533d568f36f35f877cb974cc78:hover .ctaButton { background-color: #34495E!important; } .ue13651533d568f36f35f877cb974cc78 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .ue13651533d568f36f35f877cb974cc78 .ue13651533d568f36f35f877cb974cc78-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .ue13651533d568f36f35f877cb974cc78:after { content: ""; display: block; clear: both; } READ: Presidential Powers (1707 words) EssayThe strengths of the book are very apparent. The book provides an in depth description of Mary Stuart from her appearance, to the sports in which she liked to play. Also, the book shows pictures of the castles in which Mary stayed in and also of Mary and her first husband, Francis II. In addition, this book can creatively make you visualize specific events that occurred in Marys life. The one major weakness of the book was that it was a to informative for the average reader. By describing the many ruling families of England, France, and Scotland, this book proved to be quite confusing in recognizing which family belonged to which count ry. Also, the author seemed to jump from one time period to the next without any flowing text. I feel that this book should mainly be read by above-average reading level students in high school/ college or by people interested in that particular time period. I enjoyed reading about Mary Stuart and her troubled life. It was sometimes hard to grasp the content, however, when I did comprehend the material, it was quite interesting. Words/ Pages : 1,844 / 24