Ja-sin-gam in Kimchi soup free essay sample

Raindrops falling from the eaves catch the yellow beams of the street light. As they drip onto the window frame, drops of gold scatter and sprinkle into the darkness. Drip-drop, drip-drop, drip-drop. I cautiously stretched my arm outside the window, touching the fresh and cool drops of rain. It was silent except for the rhythmic drip-drop of falling rain on my hand. But the solitude was broken, as my mother knocked on my door. â€Å"Min-Kyung, it’s time to go. Don’t forget to bring your umbrella.† It is the season when rain endlessly pours on the earth. It is also the season when my grandmother told me stories on the bamboo floor, sitting with her legs tucked beneath her and with my head in her lap. And, today is exactly eight years after I overcame from mental break after my grand mother’s death. â€Å"Min-Kyung, this year, you take care of your grandmother’s portrait until we arrive at your grandmother’s grave,† my father said. We will write a custom essay sample on Ja-sin-gam in Kimchi soup or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page I held the bottom edge of a picture frame. Her portrait photograph was white-and-black, yellowish at the edge, smelling like her cheap potpourri. My grandmother was a typical Korean grandmother, who cooked a great Kim chi soup for her family’s morning meal, who sewed up the holes in her children’s clothes by hand, who loved to tell stories to her granddaughter, who always stand next for me. No one would imagine she was one of the very few Korean women who graduated from a college during the Japanese occupation. No one would imagine she was the old pharmacist offering free medicines to orphanages when everybody in my country suffered for lack of medical supplies in the 1960s. When I was seven years old, I had a fist fight with my kindergarten classmate; he mocked me because I could not do even simple addition in math. Three feet, nine inches tall, bleeding on my leg, I was filled with anger and asked my grandmother to punish my classmate for me. But my grandmother sat down gently, adjusting her eye level to my eye level. She patted my disheveled black hair and said, â€Å"Min-Kyung, try to win over yourself, not win over other people. It is important to have ja-sin-gam, a strong confidence in yourself. Do not let other people discourage you.† I could not understand her; I felt betrayed. I placed my grandmother’s portrait in front of her grave. In the wind and rain, I could smell the familiar odors of wet trees mixed with old potpourri. I cannot listen to my grandmother’s stories with my head lying in her lap on rainy days anymore. But I can still hear the rhythm of raindrops dripping on the bamboo floor. I can still smell the odor of soaked bamboo after rain. And now, at last, I can understand what she told me eleven years ago. Ja-sin-gam compels me forward.

Free Essays on Lloyd George

What were the aims of David Lloyd George’s social reforms in the Edwardian period? Britain in the late nineteenth century was a world leading economic and military power. Although it was becoming more apparent that it was not going to remain a leading world power, if the massive social problems facing much of the country were not addressed. Problems such as poverty, unemployment, health care and education. Seebohm Rowntree had highlighted the extent and cause of these social problems through his extensive investigations and publication of, Poverty, a study of Town Life in 1901. â€Å"Throughout the eighties and nineties, at an increasing rate, the nation’s awareness of what was comprehensively called ‘the social problem’ had grown in width and depth.† It was quite clear by the time Lloyd George was promoted to Chancellor of the Exchequer in 1906 that there was a need for new priorities in the Liberals policies and he believed that they lay in social reforms. â€Å"He was mainly seeking all party support for a program of domestic social reform to tackle housing, health insurance, unemployment, education, the poor law, alcohol abuse and agriculture.† . Lloyd George knew that in order for the Liberal party to continue in its popularity it needed the support of the working classes. It was the working classes who would benefit directly from social reforms and so bring about support for the party and for Lloyd George. The massive need for social reform was also fueled by the fact that Britain was as an industrial power falling behind other world powers such as Germany and the United States. â€Å"Some employers became aware that the efficiency of the workforce could be increased not only by capital investment†¦but also by improving the efficiency of human capital, i.e. by Improving working conditions and providing welfare benefits for workers†¦Ã¢â‚¬  . It was time for the government to step in and attempt to pull Br... Free Essays on Lloyd George Free Essays on Lloyd George What were the aims of David Lloyd George’s social reforms in the Edwardian period? Britain in the late nineteenth century was a world leading economic and military power. Although it was becoming more apparent that it was not going to remain a leading world power, if the massive social problems facing much of the country were not addressed. Problems such as poverty, unemployment, health care and education. Seebohm Rowntree had highlighted the extent and cause of these social problems through his extensive investigations and publication of, Poverty, a study of Town Life in 1901. â€Å"Throughout the eighties and nineties, at an increasing rate, the nation’s awareness of what was comprehensively called ‘the social problem’ had grown in width and depth.† It was quite clear by the time Lloyd George was promoted to Chancellor of the Exchequer in 1906 that there was a need for new priorities in the Liberals policies and he believed that they lay in social reforms. â€Å"He was mainly seeking all party support for a program of domestic social reform to tackle housing, health insurance, unemployment, education, the poor law, alcohol abuse and agriculture.† . Lloyd George knew that in order for the Liberal party to continue in its popularity it needed the support of the working classes. It was the working classes who would benefit directly from social reforms and so bring about support for the party and for Lloyd George. The massive need for social reform was also fueled by the fact that Britain was as an industrial power falling behind other world powers such as Germany and the United States. â€Å"Some employers became aware that the efficiency of the workforce could be increased not only by capital investment†¦but also by improving the efficiency of human capital, i.e. by Improving working conditions and providing welfare benefits for workers†¦Ã¢â‚¬  . It was time for the government to step in and attempt to pull Br...

Analysing Homelessness In Australia

Analysing Homelessness In Australia Over the past few decades, mechanisms of social exclusion and social control have made it increasingly hard for Australia’s homeless. Many texts discuss the issue of defining homelessness and it is now widely accepted there are several different kinds. Here, I will be talking primarily about Primary homelessness, which is also known as ‘sleeping rough’, where people sleep in cars, parks or other public spaces (Which Way Home? 2008: 18). On average around 105,000 people are homeless in Australia each night and around 15% of these are rough sleeper (The Road Home 2008: 3). The majority of homeless people list financial difficulty, domestic violence, family breakdown or substance abuse as the main causes of their homeless status (Which Way Home? 2008: 20). Homelessness remains a particular problem among Australia’s Indigenous people, who are over represented in their use of homeless services in all states and territories (Which Way Home? 2008: 20). While home lessness itself is not illegal in Australia, many acts committed by the homeless are, such as public urination, public drunkenness and the possession of illegal drugs. Criminalization of the homeless occurs because these people lack the private space in which to engage in these behaviours. Governments assume that by removing the homeless from public spaces that they are reducing crime and creating safe streets for the law abiding public. However, as illustrated above, the crimes the homeless commit do not generally hurt others or damage property. They are breaking specific laws that have been created by the government which are enforced to exclude certain groups of society from specific public spaces, notably the spaces that the wealthy inhabit. Criminalizing the homeless for behavior that is unavoidable in their situation is not simply poor public policy; it also places unnecessary stress on the criminal justice system. Criminalizing the homeless also leaves the law enforcement off icials to deal with related issues, such as issues such as mental illness and alcoholism (citation). Alcoholism is an issue that is common among the homeless population and it is a condition that often intensifies as a result of being homeless. Criminalizing the homeless for being drunk on the streets does not treat the problem, nor does it assist the police in ‘cleaning up the streets’. It is often found is that homeless alcoholics use rehabilitation centre’s as shelter services, but have little intention of treating their addiction (Wilhite 1992: 190). This indicates that the provision of suitable housing is a prerequisite to treating alcoholism. Once suitably housed, alcoholics have an increased chance of using alcohol rehabilitation services effectively. However, as suitable housing becomes increasingly scarce, the homeless are released from the justice system and back on to the street, where the cycle is then repeated. Homelessness has also increased signifi cantly among the mentally ill in recent decades. This has been attributed to discontinuity in mental health services where individuals are transferred from an institutional to community living (Conover et al. 1997: 256). This burden of care has shifted from mental hospitals to the community; however, development of housing and community services has not kept up with the demand (Greenblatt 1992: 49). The outcome here is that many of Australia’s mentally ill have ended up are end up on the streets and are criminalized for behaviour’s that are symptoms of their illness. Once again, nobody benefits from the existing system. Our mentally ill are left untreated and our criminal justice system gets increasingly clogged with cases of minor offences that have harmed no one.

Role of the U.S. President Franklin Delano Roosevelt on America and Essay - 1

Role of the U.S. President Franklin Delano Roosevelt on America and the World - Essay Example This paper illustrates that Franklin Delano Roosevelt had a very long presidency, lasting three terms, which is unusual since American presidents normally only have one or two terms.   He belonged to the Democrat party and introduced many reforms to include the famous â€Å"New Deal† which aimed to get people back to work after the Depression. In his work abroad he was respected for his diplomacy and he certainly is responsible for helping to bring the Second World War to an end. Franklin Delano Roosevelt, as his family name suggests, belonged to a family of Dutch descent. They traced their roots back to the early settlers of America in the region in and around New York and to a Dutch farmer called Nicholas Claes Martenzen von Rosenvelt who came from Holland right at the beginning of the settlement period, in the early 1600s. Franklin D. Roosevelt’s parents were wealthy and they lived in the upper-class Hudson River area. Both James Franklin and Sara Delano had inheri ted money and a good education from their parents and the young Franklin grew up in a happy home, very much loved especially by his mother who was much younger than her husband. After homeschooling by a series of governesses until the age of 14, Roosevelt attended Groton, a private educational establishment led by the school’s founder, Endicott Peabody. This was a very privileged schooling: â€Å"At a time when most educational reformers stressed democracy and equal access to schools, Peabody attempted to build a school where the ‘best families’ of New England would send their sons to prepare them for future positions of leadership.† In some ways, this background excluded the young Roosevelt from the hardships that other people suffered, such as poverty and exclusion from the good things in life, but on the other hand, the Christian morals and hard-working ethic of Peabody’s school gave him a good moral basis for his future life. Having an educated mother who spoke several languages also allowed the young Franklin D. Roosevelt to develop an awareness and understanding of other countries which would come in very useful during his later career.

Economics in one lesson Essay Example | Topics and Well Written Essays - 1250 words

Economics in one lesson - Essay Example He argues that, the art of economics involves analyzing primary and secondary effects these policies to all groups. The book discusses in details several fallacies such as high taxes, evils that take place in the public projects, minimum wage rate, effects of bailout, price control, tariffs on imports, rent control, trade union activities, regulations and economic effects of government actions. Parity pricing, disbanding a large number of troops, commodity stabilization and inflation are fallacies that are not given much weight but are included in this book. Hazlitt does not object public program spending but rejects the use of public projects as a plan of injecting money into the economy. He argues that public projects should be justified based on their importance to the economy. Money outsourced from the private sector by the government in the form of taxes is used to fund public projects. Using the bridge example, Hazlitt argues that creating a job in the public sector kills another job in the private sector. In such projects there are things which are not permitted to come into existence. In paragraph 3 of this book, Hazlitt argues that, the secondary effect on public projects is in the form of how money used to fund these projects is diverted to other areas. Unfortunately, such news most likely will not be reported on considering the kind of news that are being aired nowadays. Government never does as well in making loans as the private sector does. This is because people tend to be more careful with their own money (Hazlitt. Para8). Unfortunately, most of the time this fact is always hidden because bad loans made by the government are hidden in most federal spending. On the other hand, when banks collapse due to bad loans, it is announced all over the news. Political considerations further hide the bad loans as a result of government lending. This

What do you see as Dickens social aims Essay Example for Free

What do you see as Dickens social aims Essay This is when the ghost is hinting at Scrooges living relative that Scrooge should also show love to. Scrooge then becomes uneasy and Dickens using a style of writing known as Stichomythic this is due to the shortness of Scrooges reply because he is thinking of how he has mistreated his nephew. You can see changes of Scrooge during this scene as he compliments his dead sister and he starts to think about his nephew in a good way also Scrooge starts to feel sorry for the poor, you can see this when he quotes; There was a boy singing a Christmas Carol at my door last night. I should have liked to have given him something thats all. This is the biggest change so far as it illustrates to the reader that Scrooge is beginning to feel sympathy which is a first for him in the novel. The second of the three spirits is described by what it wore and this was a green robe which is the original colour of Christmas, the spirit was very cheerful and warm as he has Sparkling eyes and Cheery voice. The spirit was also surrounded with items that are significantly related to Christmas, Holly, mistletoe, red berries, ivy, and turkeys. This is to try and help Scrooge relate to Christmas as he never has before. The ghost of Christmas present takes Scrooge to the Cratchit household so Scrooge can observe a happy family enjoying their annual Christmas dinner. Everything in the Cratchit family household is to do with the contrast symbolism of Scrooge therefore warmth and light. The first change during this scene is he feels sympathy and concern about the life of Tiny Tim. You can see this when Scrooge asks the spirit Tell me if Tiny Tim will live. Also when Scrooge quotes; Oh no, kind spirit! Say he will be spared. This is a major change as Scrooge is now starting to show care for others. The spirit replies to this; If these shadows remain unaltered by the future, none other of my race will find him here. What then? If he be like to die, he had better do it, and decrease the surplus population. Subsequent to hearing his own words quoted back to him Scrooge hangs is head in shame and realizes how harsh his own words had sounded, Scrooge now knows that if he does not change his ways Tiny Tim will die, Scrooge is now overcome with Penitence and Grief. This is also a change as this is a first for the reader to witness this. During this scene Scrooge also realizes how awful employer he is to Bob Cratchit, when Bob tries to raise a toast to Mr. Scrooge and Mrs. Cratchit replies; It should be Christmas Day, I am sure, on which one drinks the health of such an odious, stingy, hard, unfeeling man as Mr. Scrooge. You know he is Robert! Nobody knows it better than you do, poor fellow! This makes Scrooge think about how he treats Bob Crathit and how underpaid his clerk is for what he does. Dickens also describes Scrooge as the Ogre of the family which cast a dark shadow over the party this is relating to the symbolism of Darkness that Scrooge possess. The last of the three spirits is very dark and seems to symbolize death as it is described by dickens; the Phantom slowly, gravely, silently, approached. It was shrouded in a deep black garment which concealed its head, its face. It would be difficult to detach this figure from the night or separate it from darkness In this description the words gloom and gravely are related to death. The other words suggest mystery, fear and symbolism of darkness, which at the start of the novel was one symbol that was related to Scrooge. Scrooge shows a vast amount of terror in the presence of this spirit; Filled him with a solemn dread, His legs trembled beneath him also the fact that this Phantom is silent and communicates with Scrooge simply through hand gestures which is normally pointing. Scrooge is listening in on a conversation between a small group of business men about a death that has taken place some quotes from the conversation explain just how untouched everyone is about this death; I thought hed never die. What has he done with the money He hasnt left it to me. This pleasantry was received with a general laugh. Its likely to be a very cheap funeral. For upon my life I dont know of anybody to go to it. From these quotes the reader can immediately distinguish that these men are talking about the death of Mr. Scrooge, but as Dickens describes him Scrooge is ignorant therefore Scrooge will not accept or believe that these people are talking about himself. Due to this the Spirit guides Scrooge to a graveyard. When the spirit points to a particular grave before Scrooge lays his eyes upon it he begins to realize it was him that the people were talking about and this is clear from the question he asks the Phantom; Before I draw nearer to that stone to which you point. Are these the shadows of the things that Will be, or are they the shadows of the things that May be, only? Scrooge saw the name EBENEZER SCROOGE Scrooge now is made to believe that he was the man that when he died nobody was affected and suddenly the ignorance vanished and he swears to change; I will honour Christmas in my heart, and try to keep it all the year. The spirits of all three shall strive within me. I will not shut out the lessons that they teach me. This is Scrooges guarantee to change and never to change back to the ignorant, selfish, dreadful person that he once was. Scrooge stuck to his word he had changed, he is a complete contrast of what he once was and from the start of the last stave this is lucid; I am as light as a feather, I am as happy as an angel, I am as merry as a school-boy. I am as giddy as a drunken man. In each one of these similes there is a contrast of symbolism to what Scrooge was at the start of the novel. Feather is soft. Angel is light. Merry school boy or Giddy drunken man is warm. It is also clear that he is kind as he increases the wage of his maid and his clerk Mr. Bob Cratchit. A key incident within the novel illustrates what Dickens wants to alleviate this is the scene when the two children immerge from the second spirits cloak; This boy is ignorance. This girl is want. Beware of them both, and all of their degree, but most of all beware of this boy, for on his brow I see written which is Doom, unless the writing be erased. This is saying that Dickens think that we need to educate the poor to stop their ignorance and that the poor can help themselves, but when the rich are wilfully ignorant we need to help them to stop so that they can help change things to create a better world for everyone. Dickens novel produced some immediate effects and the poor were treated better by those who read the novel. Due to Scrooge changing throughout the novel from one extreme (hard, cold and dark) to another (soft, warm and light) it persuaded people who could relate to Scrooge in some way that they could do the same.

Database design process Essay -- essays research papers

Abstract Database Systems has a practical, hands-on approach that makes it uniquely suited to providing a strong foundation in good database design practice. Database design is more art than science. While it's true that a properly designed database should follow the normal forms and the relational model, you still have to come up with a design that reflects the business you are trying to model. This paper shows describes design process of database project. The importance of Completing the Design Process An important point to keep in mind is that the level of structural integrity and data integrity is in direct proportion to how thoroughly the design process is followed. The less time spent on the design process, the greater the risk of encountering problems with the database. While thoroughly following the database design process may not eliminate all of the problems you may encounter when designing a database, it will greatly help to minimize them. Also in an RDBMS software program a well-designed database is easier to implement than a poorly designed database. (Michael J. Hernandez, 1996) Key database Design Concepts Before a design effort can proceed full speed ahead, the designer must first take time to understand the business. Understanding the business involves understanding the entities, data, and rules within an organization, and then converting these attributes of the business into a business model. Then, the designer must have a solid comprehension of the proposed database model. Finally, the designer will convert the business model into a database model, using a design methodology, whether automated or a manual process. (Ryan Stephens & Ronald Plew, 2002) General Design Process Following table list general steps of database design Step Description 1 Requirements collection and analysis 2 Conceptual database design 3 Choice of a DBMS 4 Data model mapping (also called logical database design) 5 Physical database design 6 Database system implementation (Elmasri, Ramez, & Navathe, Shamkant B., 1994) Creating the application is the last step ¡Ã‚ ªnot the first! Many developers take an idea for an application, bu... ... levels of normalization, but the primary levels are the first, second, and third normal forms. Each level has a rule or two that must be followed. Following all of the rules will help ensure that your database is well organized and flexible. To take an idea from inception through to fruition, you should follow a design process. This process essentially says "think before you act." Discuss rules, requirements, and objectives, and then create the final version of your normalized tables. Reference 1. Elmasri, Ramez, & Navathe, Shamkant B., Fundamentals of Database Systems, Second Edition, Addison-Wesley Publishing Company, 1994, ISBN 0-8053-1748-1, pages 450-452.), retrieved from website http://www.ibiblio.org/faint/finosaur/db/ , Feb 06, 2005 2. Michael J. Hernandez, Database Design For Mere Mortals, Chapter 4, 1996, retrieved from UOP resource safari Tech Books Online website, Feb 06,2005 3. Ryan Stephens & Ronald Plew, Key database design concepts, 2002, retrieved from website http://searchdatabase.techtarget.com/originalContent/0,289142,sid13_gci812028,00.html, Feb 06, 2005

Comments on “Cold Cuts” from Truman Capote’s novel ‘In Cold Blood’ Essay

Before commenting on the quotations from the novel I have to clarify that ‘In Cold Blood’ is a fiction based on a true story. This means that the book has several documentary elements and others are fictionals. Capote had to use tools of writing a report, and of traditional fiction as well. As a result, sometimes it is diifficult to separate the realistic parts from the nonrealistic ones, even because of knowing the writer’s long investigation about the murder and its background. Telling the custom of hunters might be a true story but the other half of the quotation is fiction, I guess. By the time of writing the novel Mr. Clutter has been dead, so Capote couldn’t quote from him. But there is a need for the sentence given into his mouth, because by this (â€Å"I’m not as poor as I look†) the readre sees his figure as a very kind, nice, generous person. So, after the murder we feel sorry for him, and it’s easier to understand why the villagers were so shocked because of his death. I’m not sure whether this part is ture or only created by Capote but I think it’s main role is to show Dick’s strangeness and insensitiveness. To kill an innocent dog for no reason (I don’t think that there would every be any reason to kill someone†¦ ) is a metaphor of the also innocent Clutter family. I think that this story might be real because after reading the book the readre feels fear from Dick, he is so evil. But on the other hand the writer forms our opinion about the characters in his novel, as wee see them the way Capote describes them. This quotation is so formal, so distanced, that it sounds a report from the news. I think that this is real and the writer’s aim was to make the novel much realistic. This part is real again because it only gives facts about the murderers. With the help of this we read the novel as a true story. It’s well-known from rhetorics that facts are unquestionable, so they are true. This quotations is a good example of mixing realistic and fictional elements, I think. The garden might have been â€Å"white with sea-fog†, but Mrs. Johnson can only recall what did she really think when she closed the door. I think the writer here used the literary tool of projecting a character’s inner feelings onto the environment, or nature. That might also be ture in the case of the second sentence about the murderers who look like in this picture as two escaping animals. Mentioning Perry’s shorter leg is again used to show that the writer felt sorry for him. In this case the type of the car can be true and even the act of stealing but on the other hand it’s not mentioned in this sentence, only the reader knows the next steps. In my opinion only the writer found out the contex of stealing the Chevrolet (so lighting the cigarette) and mentioning only this but not the act itself. In this description it’s more interesting. Showing Perry’s thoughts before being captured is again a mixture of reality and fiction. As Capote met him on the interviews and in the jail, not during the big travel, he could only collect recalled information which is usually a bit different from reality. I’m not sure whether Perry had really thought that, so I think that the writer here projected on Perry what the villagers or the detectives thought, or wanted to believe in. The perspective is retrospective in this sentence whereas the writer puts them in a present situation. This confession-like sentence from Perry might be true bt on the other hand I think again that the write used this to create Perry’s figure likeable, but on the other hand not saying that he is innocent. I think this uotation might be partly true but I’m not sure that this is what Perry exactly said.

Strict Liability in Business Law

The American common law adopted the concept of strict liability in early 1960’s. They began to adopt the view that the sellers should bear the cost of injuries or defects in their products as they are in the best position to distinguish the risks associated with their products. The courts of modern times also provide the sellers the indisputable liability for their defective products without the negligence or fault on the part of the seller. The American law institutes call for the various state law departments to recapitulate the developments in strict liability in Section 402A of the Restatement (Second) of Torts in 1977.In 1997 ALI approved the Restatement (Third) of Torts products liability, which expands the general language of Section 402A into over 20 different sections addressing specific applications of the strict liability ground for recovery. In 1999, the ALI approved Restatement the apportionment of Liability, completely succeeding and expanding upon comparable pro visions of Restatement (Second) of Torts. This Restatement gives paramount importance to the principles of law governing apportionment as liability in cases where there are multiple actors who may have differing degrees of liability.(1)The application of strict liability is important in various segments of business law. Here we shall discuss the scope of strict liability, its essentials and exceptions etc. Moreover we shall try to explore the relationship and contrast of the strict liability with other dimensions in the business law like Rule in Rylands Vs Fletcher, mens rea, negligence, product liability and contract. ———————————————————————————————————— 1. Restatement (Third) of Torts products liability, 1999 Strict Liability 2 Intro ductionâ€Å"He can excuse himself by showing that the escape was owing to plaintiff’s default; but as nothing of this sort exists here, it si unnecessary to inquire to what excuse would be sufficient. – Blackburn J Sec. 402A of Restatement (Second) of Torts, 1977 enunciates that seller of any defective product which is unreasonably dangerous to the user or consumer is subject to liability for physical harm thereby caused to the ultimate user or consumer, or to his property, if the product is expected to and does reach the user or consumer without substantial change in the condition in which it is sold.It does not matter that the seller has exercised all possible care in the preparation and sale of his product; and the user or consumer has not bought the product from or entered into any contractual relation with the seller. Moreover the claim under rule of strict liability can be made against Property damage, Compensation for wrongful death, Physical and mental pain a nd suffering Loss of consortium for loss of love and affection, Past, present and future medical bills and Lost past and future wages, DefinitionStrict liability is a legal doctrine that makes some persons responsible for damages their actions or products cause, regardless of any â€Å"fault† on their part. There are situations when a person may liable for some harm even though he is not negligent in causing the same or there is no intention to cause the harm or sometimes he may even have made some positive efforts to avert the same. In other words the law recognizes such type Strict Liability 3 of â€Å"no fault â€Å"liability. (Salmond,1996)(2)The liability arises when a person or company sells a defective product which is unreasonable and dangerous to the user.The defect may in the products design or manufacturing, in the instructions or warning necessary for the product’s safety or in the container or packaging. The main feature of this aspect is, here the injur ed is excluded from proving the negligence of seller. Scope Generally our legal system typically imposes liability for money damages only upon a showing that a person was negligent (i. e. , failed to use due care) or somehow intended to bring about an injury or damage to another. There are cases, however, where a defaulter can be held responsible for an injury even where no negligence or evil intent can be shown .The doctrine of strict liability imposes legal responsibility for injuries sustained by or as a result of an actor's conduct, whether or not the actor used reasonable care and regardless of the actor's state of mind. Strict liability cases are limited to certain narrowly-defined areas of the law, including products liability, ultrahazardous activities, care of animals and certain statutory offenses. ( Faegre & Benson, 2003) (3) The rule of strict liability is mainly attributed to rule in Rylands Vs Fletcher (4) in which the House of Lords well founded the principle of as st rict liability.In this case, the ———————————————————————————————————— 2. Salmond , Heuston (1996) , Law of Torts, , publisher: Sweet & Maxwell; 21Rev Ed edition , ISBN-13: 978-0421533509 3. Faegre & Benson, (Nov. 2003) UK Trade and Investment, US product liability law 4. Rylands Vs Fletcher (1868) L. R 3 H. L 330 Strict Liability 4 defendant got a reservoir constructed through independent contractors, over his land for providing water to his mill.There were old disused shafts under the site of the reservoir, which the contractors failed to observe and so did not block them. When the water was filled in the reservoir, it burst through the shafts and the plaintiff’s cold mines on the adjoining land. The defendants did not know the shafts and had not been negligent although the independent contractors had been. In this case the court found that even if the defendant was not negligent or rather, even if the defendant did not intentionally cause the harm or he was careful, he could still be made liable under the rule.The defendant may excuse himself by showing that the occurrence was owing to the plaintiff’s default or that was the consequence of vis major or the act of good. But in this case the court firmly asserts that it is unnecessary to inquire what excuse would be sufficient. Normally in these cases, the liability arises not because there was ant fault or negligence on the part of persons, but because he kept such defective products and the same was caused some sort of personal damage to another. In Smedleys Vs Breed, (5)a large manufacturing company of tinned peas was convicted as there found the carcass of a caterpillar.On dismissing the appeal of company the court held it was offence of strict liability, therefore it was not sufficient show that the company had taken all reasonable care to avoid the event. ———————————————————————————————————— 5. Smedleys Vs Breed,(1974) Strict Liability 5 The same view was taken in the famous case Donogue Vs Stevenson (6) in this case A purchased a bottle of ginger beer from a retailer for the appellant.While pouring to the tumbler the appellant found a decomposed body of a snail floated out with her ginger beer. The appellant alleged that she seriously suffered in her health in consequence of having drunk the beer which contains the contaminated contents. On her claim for damages, the court declared that a person who is for gain engages in the business of manufacturing articles of food and drink intended for consumption by members of the public in the form he issues them, is under a duty to take care in the manufacture of these articles.That duty must be to whom he intends to consume his products. The fact is that he manufacturers his commodities for human consumption. Due to this informal nexus he places himself in a relationship with all the potential consumers of his commodities, and that relationship which he assumes and desires for his own ends impose upon him a duty to take care to avoid injuring them. † Hence the manufacturer owed her a duty to take care that the bottle did not contain any noxious matter and that he would be liable for the breach of the duty.Moreover the law looks into the scope of strict liability while it is arising out of indeed consumer’s case. In Berrier v. Simplicity Manufacturing, Inc (7), the leg of four years old was amputated as the result of injuries sustained when her grand father unintentionally backed over her foot wh ile shearing the lawn with ———————————————————————————————————— 6. Donoghue v Stevenson [1932] AC 562 (HL) (Sc) 7. Berrier v. Simplicity Manufacturing, Inc. , (3d Cir. Jan. 17, 2008) Strict Liability 6 a riding mower.Her parents moved a case against the manufacturer of the riding mower on the basis of strict liability and negligence based on design defect and inadequate warning theories. But the court followed the decision of Phillips v. Cricket Lighters, (8)and held that since the intended user or consumer is limiting the wide application of rule of strict liability the issue still remains that the child is neither user nor intended user or consumer of the mower. Strict liability and mens rea So the offences of strict liability, we ca n say, are those crimes which do not require mens rea with regard to at least one or more elements of the actus reus.In R Vs Storkwain (9) the defendant supplied drugs for which a prescription was required, after being handed a forged prescription. There was no evidence of any negligence or wrong doing on the part of the pharmacist.. On appeal against conviction, it was held that the statute created an offence of strict liability; therefore no proof of mens rea was required. In Gammon (Hong Kong) Ltd vs Attorney-General for Hong Kong (10) following points has been laid down to determine the circumstances to which strict liability to be imposed.(1) There is a presumption of law that mens rea is required before a person can be held guilty of a criminal offence; ————————————————————————————â⠂¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€ 8. Phillips v. Cricket Lighters, 841 A. 2d 1000 (Pa. 2003) 9. R Vs Storkwain (1986) 10. Gammon (Hong Kong) Ltd v Attorney-General for Hong Kong [1984] 2 All ER 503 Strict Liability 7 (2) The presumption is particularly strong where the offence is â€Å"truly criminal† in character;(3) The presumption applies to statutory offences, and can be displaced only if this is clearly or by necessary implication the effect of the statute; (4) The only situation in which the presumption can be displaced is where the statute is concerned with an issue of social concern; (5) Even where a statute is concerned with such an issue, the presumption of mens rea stands unless it can be shown that the creation of strict liability will be effective to promote the objects of the statute by encouraging greater vigilance to prevent the commission of the prohibited act.Essentials of strict liability For the application of this rule the foll owing three essentials should be there: 1) Injury by a defective product: In order to succeed the strict liability under the law the plaintiff must show that the injury must be caused by a defective product whose defect existed at the time of injury and the product should be plaintiff’s control. In the recent case of Ceiba-Geigy (Pty) Ltd v Lushof Farms (Pty) Ltd en ‘n Ander (11) it was held that the liability arising from the defective products not only related to the personal injury but financial loss also.It was further confirmed that when a manufacture undertakes or market the production without any prior tests and ———————————————————————————————- 11. Ceiba-Geigy (Pty) Ltd v Lushof Farms (Pty) Ltd en ‘n Ander, 2002 (2) SA 447 (SCA) Strict Liabilit y 8 consequently it turns hazardous to the consumer such negligent activities expose a liability to the consumer. Here a contractual nexus between the manufacturer and the consumer is not required. (Weir, Tony 2006), (12)2) The goods must be dangerous or defective in nature: Here the plaintiff must show that due to the dangerous nature, such goods can not be used for the ordinary purpose or for some other reasonably foreseeable purpose. Thus, a manufacturer owes a duty to supply a product fit for the ordinary purposes and it is to be used and safe notwithstanding a reasonably foreseeable misuse that could cause injury. The decisions in famous cases like Batcheller Vs Tunbrige Wells Gas co. ,(13) National Telephone Co. Vs Baker (14)and West Vs Bristol Tramways Co.(15)manifests that the defective products are whatever in form ,whether it is gas, electricity noxious fumes ,the rule of strict liability can be applied. 3) The goods should leave the manufacturer: It is essential that the thing caused injury to the plaintiff must leave from the possession and control of eth defendant. So those defective goods are still with the manufacture is safe from the claim of compensation. In Read Vs Lyons (16) (text) the plaintiff was the employee in the defendant’s munitions factory. While performing her duty a shell was exploded and she was injured . Even———————————————————————————————————– 12. Weir,Tony,( 2006),an introduction to Tort law,2nd edn. , Oxford University Press 13. Batcheller Vs Tunbrige Wells Gas co. 84 L. T 765 14. National Telephone Co. Vs Baker (1893) 2 ch 186 15. West Vs Bristol Tramways Co. (1908) 2 K. B 14 16. Read Vs Lyons (1947) A. C 156, 161 Strict Liability 9 though the shell exploded was dangerou s in nature it was held that defendants were not liable as the shell was not left from outside the defendant’s premises and the rule of strict liability could not be applied in this case.4) Breach of warranty: Generally, the law imposes certain warranties (or guaranties) on the sale of products. Such warranties include that the goods are in proper condition for use and free of defects and that they are fit for a particular purpose. Since the court doesn’t disregard the liability of the waivers against the policy and the warranties are limited, the manufacturers and retailers are always held responsible for injuries from the defective and dangerous products. The aspect of breach of warrenty enables the plaintiff to act against the defendant with his complete freedom.Here he need not assert that the defendant is fault. Usually the product claims under the breach of warranty are in quasi contractual nature. Any factual statement or promise about the product ,a description of the product made ,any sample or model provided constitutes the warranty upon which the buyer rely to purchase the goods. ( Faegre & Benson,. 2003)(17) Exceptions/limitations The following are the exceptions to the rule of strict liability. 1) Plaintiff’s own default: Damage caused due to the plaintiff’s own default was considered to be good defense in rule of strict liability.If the plaintiff suffers damages by ———————————————————————————————————— 17. ibid 3 Strict Liability 10 his own intrusion into the defendant’s property he can not complain for the damage so caused. When the damage to the plaintiff’s products/property is caused not so much by the escape of eth thing s collected by the defendants as b y the unusual sensitiveness of plaintiff’s property itself, the plaintiff cannot recover anything. In Eastern and South African Telegraph C. Ltd. Vs Capetown Tramways Co.(18) the plaintiff submarine cable transmissions were disturbed by escape of electric current from the defendant’s tramways . It was found that the damage was due to the unusual sensitiveness of the plaintiff’s apparatus and such damage will not occur to person carrying on the ordinary business and the defendant held not liable for the such occurrence. 2) Act of god: Act of god or Vis Major was also considered to be a good defense to an action under the rule of strict liability. If the defect is unforeseen and it is without any human intervention the defense of cat of good can be pleaded.In Tennent Vs Earl of Glasgow (19) the court has framed a well maintained definition for the act of god as the circumstances which no human foresight can provide against and of which human prudence is not bound to recognize the possibility. 3) Consent of plaintiff: In cases of volunti non fit injuria i. e where the plaintiff has consented to the accumulation of the dangerous /defective product in defendant’s possession, then such liability does not arise. But such consent must arise for the common ———————————————————————————————————— 18.Eastern and South African Telegraph C. Ltd Vs Capetown Tramways Co. (1936) A. C 381 19. Tennent Vs Earl of Glasgow (1864) 2M (H. L) 22, 26-27 Strict Liability 11 benefit of both plaintiff and defendant. For eg: when two persons are living on the different floors of eth same building each of them is deemed to have consented to the installation of things of common benefit such as the water system, gas pip es or electric wiring . When water has been collected for the common benefit of the plaintiff and the defendant will not be liable for any defects happened to such system unless there is negligence on his part.In North Western Utilities Vs London Guarantee,etc Co. Ltd (20) ,the concept of consent for the common benefit had been formulated as there is no such common benefit between a gas or other public utility undertaking and its consumer’s . 4) Act of third party: If the harm has been caused due to the act of a stranger who is neither defendant’s servant nor the defendant has any control over him, the defendant will not be liable under this rule. But if the act of the stranger is or can be foreseen by the defendant and the damage can be prevented, the defendant must by due care prevent the damage.If not so, the defendant may be held liable for his act. This principle is laid down in Richards Vs Lothian (21). In this case, some strangers blocked the waste pipes of a wa sh basin, which was otherwise in the control of the defendants, when opened the tap, and the overflowing water damaged the plaintiff’s goods. The defendants were held not liable. 5) Statutory authority: Generally an act done under the authority of a statute is defense ———————————————————————————————————— 20. North Western Utilities Vs London Guarantee,etc Co. Ltd (1936) A.C 108 21. Richards Vs Lothian (1913) A. C 263 Strict Liability 12 to an action for tort. But it cannot be pleaded as a defense when there is negligence. In Green Vs Chelsea Waterworks Co. (22) the defendant co. had a statutory duty to maintain continuous supply of water. A man belonging to the company burst without any negligence on its part, as a consequence o f which plaintiff’s premises were flooded with water. It was held that the company was not liable as the company was engaged in performing a statutory duty. ( Salmond,1996)(23) In practice, the defendant may argue the defenses adopting the following claims.1) The defendant may forward an argument on the basis of misuse of the product sold. But it is to be remembered that the misuse of products can not be forceeble or there is a chance of rebut this argument by the plaintiff that there should have some kind of anticipation on the part of the manufacturer and prevented such misuse by its product design or in its warning. 2)Secondly the defendant can claim that the product has been altered and modified . In order to prove this he has to take adequate measures to provide warnings in connection with the alteration of the products.3) If there is any complaint by the buyer about the defective design, then the defendant may rebut his claim by demonstrating that the product was at sta te of art at the time of manufacture. 4) A manufacturer might be allowed to adduce the evidence on the basis of industry ———————————————————————————————————- 22. Green Vs Chelsea Waterworks Co. (1864) 70 L. T 547 23. ibid 2 Strict Liability 13 custom and standards and government standards related to the manufacture and design. ( Faegre & Benson, 2003)(24)Before the buyers of tacky products were not allowed to sue a manufacturer of or seller of a harmful product in commerce. The decision owes to the principle of â€Å"caveat emptor† â€Å"let the Buyer beware†. Now the burden to prove a products sticks on the other claims of product defect, inadequate instructions, or warnings. Here the plaintiff must prove that that the product caused him harm when it was used for its intended purpose as well. More he has to prove that the manufacturer knew or should have known the product would be used in such a way that would cause harm. Strict liability and NegligenceNegligence is an important element to determine the strict liability of a defendant. Negligence is considered to be the oldest theory of product liability as well as the strict liability. As a general rule it is for the plaintiff to prove that the defendant was negligent. The initial burden of making out at least prima facie case of negligence as against the defendant lies heavily on the plaintiff, but once this onus is discharged, it will be for the defendant to prove that the incident was the result of inevitable accident or contributory negligence on the part of the plaintiff.(Jones,2007)(25) There are some elements should be proved by the plaintiff in order to make claim against the defendants under the rule of strict liability. ——— ————————————————————————————————— 24. ibid 3 25. Jones, A . Micheal (2007), A text book on Tort, Ch. 2, 9th ed. , publ. by Oxford University Press Strict Liability 14 Duty of care: The plaintiff must prove that a duty of care was owed by the defendant to the plaintiff. Mere carelessness on the part of defendant doesn’t entitle the plaintiff to sue him.He has to establish that the defendant owed to him a specific legal duty to take care of which he has made a breach. In this connection, in famous case of Donogue Vs Stevenson it was held that a manufacturer of the products which he sells in such a form as to show that he intends them to reach the ultimate consumer in the form in which they left him with no reasonable possibility of intermediate examin ation and with the knowledge that the absence of reasonable care in the preparation of putting up of the products will result in an injury to consumer’s life or property, owes a duty to the consumer to take that reasonable care.(26) Breach of duty: Breach of duty means non observance of due care which is required in a particular situation. But here the defendant acted like a reasonable prudent man there is no negligence. In Blyth Vs Birmingham waterworks Co(27). it was clearly explained that negligence is the omission to do something which a reasonable man ,guided upon those considerations which ordinarily regulate the conduct of human affairs, would do or doing something which a prudent and reasonable man would not do.) Proximate cause: The plaintiff should prove that the breach of duty proximately caused the plaintiff’s injuries. Finally there should be lawful and sufficient injury happened to the plaintiff due to the defective /dangerous product. ——â⠂¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€ 26. ibid 6 27. Blyth Vs Birmingham waterworks Co (1856) 11Ex. 281Strict Liability15 The manufacturers always have the duty to exercise reasonable care in manufacturing the products.Poor assembling the products, difference in use of component parts and its design specifications, failure to inspect the finished products, component parts and failure in correction in any defective products are some examples to lead the plaintiff to claim under the rule of strict liability. ( Faegre & Benson, 2003) (28) In R Vs Lemon (29)the publisher of a gay news were charged with blasphemous libel against Christ through a poem which was considered as an slur to Christianity.The court held that it is the pure case of blaspheme as they ha d intention to publish so they are responsible for their act. Moreover in Alpha cell Vs Woodward,(30) the company was accused of causing polluted water to enter river by using equipment to prevent any overflow in to the river. But due to the collapse of the machine, the polluted things leaked out to the water. There was no evidence that the defendant is negligent but the court held that the defendant had caused the pollution in the water and they held liable. Strict liability in product liabilityThe â€Å"product liability† defined as the liability of manufacturer, during the chain of distribution, for personal injury, economic loss or property damage caused by sale or use of the product. Here the term ‘product’ denotes the finished goods as well as those items which may have some impact on the consumer expectations, product safety etc. In order to brought the action under strict liability the plaintiff must prove that injury occurred by ———à ¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€ 28. ibid 3, 24 29. R Vs Lemon (1979)30. Alphacell Vs Woodward, (1972) Strict Liability16 a defective product whose defect existed at the time of injury and at the time which the product left the control of manufactures control. Such product liability is the legal responsibility of the manufacturer to the buyers. It can be occurred at time of the transaction. Generally there are three defects in the product make defendants liable for their act. 1) Manufacturing: even though a few products turns in to the fault during the process of a manufacturing the plaintiff may held liable under rule of strict liability.2) Marketing: In the case of lack of product warning or instructions, the plaintiff can bring an action against the def endant under such liability. 3) Design: A fault in design from previously mentioned might enable the plaintiff to claim for damages against the defendants. ( Miller, Goldberg 2004)(31) Usually the defective and unreasonably dangerous product denotes the desirability or usefulness of the product, the availability of safer goods in same need, likelihood of injury and its possible seriousness and danger.In such cases entitles the plaintiff to recover from the defendants for the injury caused by the product. Here he need not prove any misconduct on the part of the defendant. The law framed such a provision to make the manufacturer vigilant about their production in safe manner. It is the duty of the manufacturer to produce the goods which will not create an unreasonable risk of injury to the consumer at any cost. Such claim can be made against the—————————————————â€⠀Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€ 31. Miller C. J, Goldberg R. S (September 30, 2004) Product liability 2 edition Publisher: Oxford University Press, USA; ISBN-13: 978-0198256786 Strict Liability17 manufacturer, wholesaler, distributor, retailer and the maker of component parts. (Restatemet,1999)(32) In recent case of Escola v. Coca-Cola Bottling Co. ,(33) 24 Cal. 2d 453 (1944) (Traynor, J., concurring) it was clearly stated that on the demand of public policy the responsibility should be fixed even though there is no element of negligence under the circumstances of hazardous and dangerous to life and health due to the defective products. In cost of the cases the injured would be such persons who are not aware and unprepared to meet the consequences. It is to the public interest to discourage the marketing of defective products that are a menace to the public. It is to th e public interest to place the responsibility for whatever injury they may cause upon the manufacturer, who, even if he is not negligent in the man

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