Should Smoking Be Effective - 1350 Words

Introduction One of the most contentious debates in the United States relates to the topic of smoking. Some argue that smoking has risen to the level of a public health crisis, and cite some very distributing statistics in order to support those claims. For example, the Centers for Disease Control (2015) estimates that 6 million Americans die each year from tobacco, and the direct medical costs associated with treating smokers tops 150 billion dollars annually. These facts have motivated many public policy makers to consider new ways to deter Americans from smoking, including heavily taxing tobacco products, as well as considering an outright ban on smoking. This paper will argue that banning smoking would not be effective, and that continuing to tax tobacco products offers the most positive outcomes for all stakeholders. Arguments against a Smoking Ban For some, the default response to a public health crisis is to consider an immediate ban on the issue that is causing the crisis. The direct line from â€Å"smoking is bad† to â€Å"we should ban smoking† is an appealing choice to some who are concerned about smoking’s impact on American society. However, there the powerful arguments against instituting a complete smoking ban within the United States. These arguments can be neatly separated into pragmatic arguments as well as theoretical arguments. From a pragmatic perspective, a complete ban on smoking within the United States would be impossible to enforce. For evidence of this,Show MoreRelatedPersuasive Essay On Smoking Cessation1555 Words   |  7 Pages Smoking is an addiction that can risk one’s health, which in turn can lead to death. As time advances, both smokers and non-smokers are beginning to understand the harm in this deadly habit because not only does it harm smokers, it can impact anyone who encounters the smoke second-hand. Since the public has become aware of the health risks induced by smoking, cessation tools such as nicotine replacement therapy are being invented to help terminate the desire to smoke. As technology improves, smokingRead MorePersuasive Essay On Smoking1236 Words   |  5 PagesThroughout history, smoking cigarettes has led to higher risks of developing different kinds of cancers and other health problems. Most people who are smokers are unaware of how serious their addiction actually is. Not only are they deteriorating their bodies, they are harming others in the process. Even if people are not concerned about their own health, they should at least be thoughtful be considerate enough to be mindful of people around them, particularly their own family. Smoking cigarettes isRead MoreNegative Externalities Of Cigarette Smoking849 Words   |  4 PagesI’ve decided to analyze the negative externalities that come from cigarette smoking, particularly the negative externality of second hand smoking, in which a non-smoker, therefore a non-buyer and non-seller, is still inhaling smoke and suffering from it. Worldwide, 40% of children, 33% of male non-smokers, and 35% of female non-smokers were exposed to second-hand smoke in 2004. This exposure was estimated to have caused 379000 deaths from ischaemic heart disease, 165000 from lower respiratory infectionsRead MoreHow Advertisements Are Effective Or Not Towards The Audience864 Words   |  4 Pagespossible and it would be hard not to encounter it in form for the few years it has been present for the public to see. Throughout my essay, I will discuss how these advertisements are used and whether they are effective or not towards the audience in preventing smoking. The most effective ways these Real Cost advertisements are used is by showing pictures in magazines or on billboards in places such as train stations of tobacco’s effects on your health. These advertisements also air different videosRead MoreBanning Smoking On Ohio University s Campus833 Words   |  4 Pages Banning Smoking on Ohio University’s Campus Ohio University president, Roderick McDavis stated that â€Å"We will join more than 1,000 campuses nationwide who ban the use of tobacco on their campuses,†(Lee). Banning smoking will help make the campus area healthy by encouraging the smokers to quit smoking, Ohio University decided to ban smoking on any campus property. The University campus will begin the Smoke and Tobacco-Free Initiative policy in August 2015. The policy will impose by using a communityRead MoreRhetorical Essay687 Words   |  3 Pagesthe Anti-Smoking Advertisements Joshua Martinez DeVry University ENG-112-64585 Anti-smoking advertisements occasionally pop up throughout our society which is often showing the viewers the harmful effects of tobacco through startling images. This advertisement uses the elements of ethos, pathos, and logos in order to make people rethink about smoking. The video advertisement uses children to make a point across by showing real scenarios on the effects of smoking. It showsRead MoreThe Need to Ban Smoking in Public Places: A Persuasive Essay744 Words   |  3 Pagesnot to ban smoking in public places has been ongoing for quite a long period of time. While there are those who are opposed to the banning of smoking in public places, quite a number of studies conducted in the past have clearly demonstrated that second-hand smoke has serious health implications for nonsmokers. In this text, I concern myself with the need to ban smoking in public places. Smoking in Public Places In the past, there was a widely held assumption that cigarette smoking only harmedRead MoreWhy We Smoke Essay1061 Words   |  5 Pagesclassroom lecture on all the negative side effects that smoking causes in the human body, I felt somewhat concerned that the habit that I have had for 10 years of my life might be a serious problem to my health, even at this young age. We spent a great deal of time discussing the negative side effects of smoking covering heart disease, cancer, and respiratory failure, but there was very little discussion given to how and why we started smoking in the first place and what steps we have to take toRead MoreHow Persuasion Is The Most Important Aspect Of Advertising988 Words   |  4 Pages(video) is anti-smoking. It is known that in order for an ad to be successful, it must appeal to an audience or certain people. After watching, it may become clear that the advertisement targets smokers. In the video, a little boy loses his mother in the mix of a v ery large crowd and becomes very upset and begins to cry. It is not clear whether the mother leaves to go smoke a cigarette or if she accidentally let’s go of the child’s hand and walks away. The narrator then states that one should imagine howRead MoreTeen Smoking : By Chris Woolston950 Words   |  4 Pagesciting ample convincing evidence from prior researches. He also gives the causes of the augmentation of the smoking behavior among teens and effective ways through which the matter could be solved. However, I could have liked categorization of the status of the teen more affected by the smoking habit (students and non-students). This article is Chris Woolston’s work entitled ‘Teen Smoking’. Woolston begins a brief reflection of Bubba Ash, a 15 years smoker who gives a short description of the painful

Romeo and Juliet Compared to Pride and Prejudice Essay

Although Shakespeare’s ‘Romeo and Juliet’ and Austen’s ‘Pride and Prejudice’ are two completely different texts, as one is a play- only able to use dialogue to portray feelings of love-and the other is a novel- where descriptions of characters moods and feelings can be used- they both demonstrate a variety of techniques to portray strong feelings of love. Right from the beginning Shakespeare introduces the ideas of strong love using a prologue-this prologue is a sonnet in iambic pentameter. From the phrase ‘star crossed lovers’ Shakespeare is using the idea of fate so that the reader already knows that there will be strong love between two of the characters. It also indicates that the characters have no choice in who they will love as†¦show more content†¦However the uses of an oxymoron could be to show the confusion of his thoughts which could possibly indicate that his love for her is not real and he is just confused about his feelings-he appears to be quite fickle, especially when he meets Juliet and forgets about his feelings for Rosaline. When Romeo talks about Juliet his language includes more metaphors, such as ‘†¦Ã¢â‚¬ ¦Ã¢â‚¬â„¢ and is more straight forward, this indicates that his love for her is more true and real. Separately, Darcy’s first proposal is rejected by Elizabeth. Mr Darcy is more mature and reacts differently to Romeo, he is more filled ‘with anger’ than anything else although he does struggle ‘for the appearance of composure’ which lends itself to the idea that Mr Darcy’s feelings for her must be quite strong as even though he is being refused he does not want to appear as though she has hurt him, although it is clear that she has due to the fact he is ‘struggling’ with his emotions and to keep calm. He begins his proposal by saying ‘You must allow me to tell you how ardently I admire and love you.’ The ‘must’ shows the strength of his feelings as he is not allowing her to refuse his claim and shows how urgently he feels he needs to tell her his feelings. It also implies that he doesn’t just love for her looks or manners but respects and admires her for her character. At this point, however, Eliza beth does not have any feelings of love towards Darcy and she refusesShow MoreRelatedComparison of Shakespeare’s Romeo and Juliet and Austen’s Pride and Prejudice960 Words   |  4 PagesShakespeare’s Romeo and Juliet and Austen’s Pride and prejudice are two completely different texts as one dialogue to represent feelings of love, whereas the other novel which uses description of the characters feelings to portray strong love. Shakespeare’s wrote the famous love story in English literature in the 17th century whereas Austen lived in the 19th century which I believe contributes to their views on love and the time they lived in affects their characters and techniques of writing. Romeo andRead MoreDifferences in the Tragedies of Romeo and Juliet and Hamlet by William Shakespeare1621 Words   |  7 Pagesalso having physical strength. Shakespeare’s tragedies of Hamlet and Romeo and Juliet illustrate two very different conceptions of tragedy. Hamlet is a story about revenge, with a need for the truth to be reveled at all costs. Romeo and Juliet centers around innocence, soiled by prejudice of family conflict. The story surrounds the main characters, but the minor foils of each play give a deeper meaning to the actions of Romeo, Juliet and Hamlet. Benvolio and Tybalt are each trying to serve and protectRead MoreBeauty And The Beautiful Beast : A Discussion Of Gender Roles And Abusive Relationships1822 Words   |  8 PagesEdward Cullen, who is also seventeen, but has been that age for over 100 years because he also just so happens to also be a vampire. Though their romance has been described as desirable by many who have read the book, and has even been compared to Romeo and Juliet, it has also been argued that the relationship between the two lovers is much unhealthier than it seems on the surface. Having been described as a stalker, abusive, and even a psychopath, many critics of the novel say that Edward is anythingRead MoreAnalysis Of Stephenie Meyer s The Twilight Saga 2012 Words   |  9 Pagesattended Chaparral High School. Most kids there were from families that made good money and drove nice expensive cars. Stephenie’s family had enough money to spend on the things they needed, but they were not rich. She felt as if she were a misfit when compared to others at her school. Many students had dark tans from the hot sun, but she had naturally fair skin. She wasn’t popular, but she had friends. She would rather read and spend time with her family than hang out with friends or go on dates. WhenRead MoreBritish Arts5612 Words   |  23 PagesBritish people a safe opportunity to look behind the mask of accepted s ocial behavior. The countrys most successful and respected playwrights are usually those who explore the darker side of the personality and of personal relationships such as Romeo and Juliet, Macbeth†¦. British theatre has such a fine acting tradition that Hollywood is forever raiding its talent for people to star in films. British television does the same thing. Moreover, Broadway, when looking for its next blockbuster musical,

Negligence Free Essays

string(65) " concluded that the advisor owed the plaintiff a duty of care 4\." Introduction Negligence is a branch of civil law known as tort .tort is defined as a civil wrong in the form of breach of duty from which the legal remedy is an award of damage. Negligence is the doing of something which a reasonable person would not do or the failure to do something that a reasonable person would do which inflicts harm. We will write a custom essay sample on Negligence or any similar topic only for you Order Now Negligence covers wide area this meaning that it does not only involve careless conduct and involves a combination of the concepts of duty, breach and sufficient connection in law. The plaintiff does not have to prove that the defendant either intended his act or its consequences. Negligence is based on three essentials which the plaintiff must prove on the base of probability in order to succeed in an action in negligence, this are (i) Duty of care (ii) Standard of care (iii) Sufficient connection in law Duty of care (dongue v Stevenson) Did the defendant owe the plaintiff a duty of care? This is the question we ask, which the plaintiff must prove on the balance of probabilities. if no duty of care is owed the plaintiff calm must fail .the judge has the responsibility for deciding whether or not a duty of care exists as the issue is a question of law having regard to the fact of the case . The method used to test the duty of care will differ depending on whether this case involves negligence advice or negligence act Negligence acts are based on the doctrine of -Reasonable foresees ability -Proximity. Reasonable foreseeability Where in reasonable foresee ability we get to ask was the defendant able to foresee that his action or omission would cause harm or injury to the plaintiff? . plaintiff must prove that a reasonable person in similar circumstance to the defendant would be aware that their conduct may create a risk of harming the other person .breach of duty at this stage the concept of reasonable foresbility is concerned with the nature of the risk that has been created by the defendants conduct .in other words how would a  reasonable person respond to what exact type of risk. This is concerned with setting standards of acceptable conduct that will be determined with reference to range of factors including the likely consequences on the plaintiff if the risk eventuates and the burden that would be imposed on the defendant to remove the risk (Sullivan v moody ) (2001) 207 CLR 562 . The following steps are the once the court broad approach seems to involve in determining duty of care 3.1Analogies –recognized duties of care Determine whether there was a reasonably foreseeable risk of injury without that they can be never a duty of care .Determine whether the case is closely analogous to other cases in which duty of care has a ready been established .If not look to the salient features of the case to determine whether they reveal a sufficiently close neighbor relationship to warrant finding a duty of care 3.2.2Neighborhood factor The friend had brought a bottle of ginger beer after she had drunk some of the ginger beer she poured the remaining onto a dish and decomposed remains of a snail floated out of the bottle .she suffered shock and gastroenteritis .she sued the ginger beer manufacture. Was the manufacture liable to her negligence? The manufacture was reliable. The court held the manufacturers have general duty to entire consuming public to ensure their products do not contain potentially dangerous effects that can be discovered on a reasonable inspection lord Atkins said that you must take reasonable care to avoid acts or omission which you can reasonably foresee would be likely to injure your neighbor. Who the in law is your neighbor? The answer seems to be persons who are closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to act or omission 3.2 .3 Social policy Duty of care will not generally be found if doing so would subject the defendants to an intermediate liability. policy consideration also apply in wide range of other cases where they allow the court to weigh competing consideration of legal policy to determine whether despite proof of foreseeability and neighbor hood duty should not be imposed either a tall the party need to succeed in his action. What this means is that general  policy issues are only taken into account where it would have been unreasonable to have expected the defendant to have done what would have been nesecassary to prevent the harm that occurred (stovin v wise) 3.2.4Proximity Was the defendant so close that the plaintiff had to have him in mind? We have three ways to determine this (i) By physical proximity between the person or property of the plaintiff and the person or property of the defendant (ii) By circumstantial proximity that which exists in particular circumstances (iii) By causal proximity in the sense of closeness of directness of the relationship between the defendant particular act or omission and injury that the plaintiff sustained 4.0 Duty of care for negligence advices There are clear differences between negligence word and negligence advice. Negligence words cannot cause loss by themselves. They cause loss only because persons act on them in reliance. second it is uncommon for people in social or informal context to make statements less carefully than if they were given advice in business or professionally the last words may be foreseeable receive such a coverage or circulation that application of (dongue v Stevenson) might lead to many claims for large amounts damages in the case (shaddock and associates v Parramatta city council {1981} 150 CLR 225) developed the following test of question 4.1 Development of the law (i)Was the advice given on a serious matter? (ii)Did the speaker realize that or ought to have realized that his advice would be acted upon (iii)Was it reasonable for the recipient to act on the advice? Once the fact of the case supports the test it can be concluded that the advisor owed the plaintiff a duty of care 4.2 Shaddock test, reliance and assumption of responsibility Shaddock and associate were interested in purchasing some land for development before they made enquires with the local council to ensure there were no plans that would affect they development the Parramatta city council issued a statement saying that there were no plans that would affect the block of land. Soon after purchasing the Parramatta council widened the road making the block smaller .shaddock could  not develop the land as planned because the block had become smaller .if they sold the land shaddock would lose the money because the value had dropped If someone gives information that they know will be relied upon and it is reasonable for others to rely upon it then there is duty to take reasonable care that the information is correct The advisor owed the plaintiff a duty of care in the case of shaddock associate v Parramatta city council 5.0 Sufficient connection in law The plaintiff must prove that there was sufficient connection in law between the injury and the conduct. To satisfy this plaintiff must show that the breach actually caused the injury suffered which was due to reasonably foreseeable consequences’ of the breach. Sufficient connection in law has two components Causation -the defendant acts caused the plaintiff injury or loses Remoteness –if the defendant’s conducts did cause damage to the plaintiff is the defendant liable for the damage suffered by the plaintiff resulting from his negligence conduct The plaintiff must suffer actual damage recognized in law .the injury suffered by the plaintiff may fall in one of this classification personal physical injury loss of eye in mechanical injury, loss of hand in construction injury Property damage –involve actual physical damage to property Monetary or financial lose –involve lose of money Loses of wages 5.1 Causation We ask the question on a balance of probability. Did the defendant cause the plaintiff injury or lose? And to answer this we have some case test that we use 5.1.1 But for test The but for test formulated by lord denning in cork v Kirby MacLean is useful for determining causation although it has limitations If you say damage would not have happened but for a particular fault then that fault is in fact a cause of the damage, but if you say the damage would have happened just the same fault or not, then the fault is not the cause of the damage when this happens you find both parties say but for your a fault it would not have happened but it’s both faults are the cause. In other words if the damage would not have happened without a particular fault then that  fault was the cause .the damage would have happened just the same way with or without the fault then the fault was not the cause (cork v Kirby Maclean ltd) The but for test to have some limitation for example say A and B light a fire independently each other in different places and meet up and burns down some house. Under the but for test neither B nor A is reliable as the house would still have burned by the other fire if he hadn’t lit a fire however in particular both would be held equally liable 5.1.2 The common sense test The high court has expressed dissatisfaction with the† but for test† and its limitation .pentony graw, lennard and parker (2003,p. 386) a preferred approach is to ask on the balance of probability the defendants acts or omission caused or materially contributed to the plaintiff loss damage or injury. The common sense test ask a question of fact (March v stramare (EMH) pty ltd (1991)171CLR 506) 5.1.3 Novus actus intervenes Certain activities or action may happen to prevent or break a chain of events or procedures and render the defendant not liable for particular losses suffered by the plaintiff. Consider an employee injured at work due negligence of his employer. they are been rushed to the hospital and the car he is in is involved in another accident causing further injuries to the patient .is the employer liable for this other accident suffered? Under this act it intervenes and rules that perhaps it carelessness of the other road users so the employer is not the cause and is not liable (knightly v johns {1982}) 5.2 REMOTNESS In remoteness we look at the amount of damages the defendant is liable for. The defendant is not necessary liable for all the damages cause as the law must draw the line somewhere. In the case of wagon mound the defendant is not liable only for the kind of damage that were reasonably foreseeable that is damage suffered was not too remote. Example the defendant carelessly places a wooden plank which falls into a plaintiff ship hold and to unknown in both parties is full of vapors. The falling plank strikes and ignites the vapors with serious damages results with remoteness the defendant was not able to foresee that so the defendant is only liable for those type or kind  of injury that are necessary foreseeable 5.2.1 TEST OF REASONABLE FORESEEBILITY Clearly personal injury or physical damages to property from impact are the kind or type of injury are reasonably foreseeable as the results of being hit by the plank, whilst an explosion is arguably to farfetched to be reasonably foreseeable .however if the defendant had known that the hold was full of vapor then the explosion may then be seen as reasonably foreseeable as a consequence of the plank 5.2.2 EGG SHELL SKULL RULE Egg shell skull rule qualifies remoteness the issue of reasonable foreseebility in relation to personal injury .once the type of damage that is reasonably foreseeable is personal injury then the defendant is liable for all of that kind of injury actually suffered that s why the rule says that you must take you victim as you find him (egg shell skull rule )hence once some personal injury is reasonable foreseeable example if a person has some heart problem the you tell him to go and work in place where his heart will be affected and he collapses the egg shell rule applies (smith v leech brain co ltd {1962}) 6.0 SIGNIFICANCE OF THE ESSENTIAL ON DEFENDANT LIABILITY The requirement that a plaintiff establish that a duty is owed by the defendant places a limit on the situation in which liability can arise in the first place . once the existence of duty care and its breach has been established , the requirement the plaintiff damages actually suffered not be too remote (that is reasonably foreseeable )place a limit on the extent of the defendant s liability .that is a duty of care limits when liability can rise in the first place ,and once establish ,remoteness limits its extent 6.1 DAMAGES Definition Damages is the sum of money payable by a defendant found the main purpose of an award of damage is fair compensation rather than punishment or retribution loss means the damage or loss suffered and can be in personal  property or pure economic terms damage is the sum of money awarded for loss or damage suffered 6.2CLASSIFICATION OF LOSS Losses for damage are awarded in negligence fall into two categories pecuniary And non pecuniary   Pecuniary loss is defined as loss which can be valued or determined by monetary value an award of damage for pecuniary loss aims to return the plaintiff as close as possible to the position he would have been in had the injury not occurred Non pecuniary – is defined as loss which is difficult to asses or determine precisely in money term. Award of damage for non pecuniary loss aim to compensate the plaintiff for their pain and suffering loss of amenity, expectation of life and so on as a result of the injury 7.0Conclusion In negligence we have to proof that duty off care was owed to the plaintiff by the defendant so that we can have been able to connect it with the law. If no duty of care is owed the plaintiff clam must fail. The judge has the responsibility to decide whether or not duty of care exists. If there are clear facts about it then duty of care is owed to the plaintiff. After establishing duty of care was owed the plaintiff must show that there was sufficient connection in law between the injury and the conduct to satisfy this the plaintiff must show that the breach actually caused the injury suffered which was type was a reasonable foreseeable How to cite Negligence, Papers