Cloning :: essays research papers

The Issue of Cloning & Bioengineering   Ã‚  Ã‚  Ã‚  Ã‚  There have been many breakthroughs in bioengineering lately. In 1998, scientists at the Roslin Institute in Scotland, cloned the first ever mammal, a sheep named Dolly. Scientists can now isolate a gene, and put it into an animal of a completely different species. This opens up new windows in many of the world's industries, such as medicine and agriculture. In the paragraphs ahead, the processes, possible applications, and the consequences of the biotechnology industry will be covered.   Ã‚  Ã‚  Ã‚  Ã‚  First off, I'll get into cloning. The definition of a clone is an organism that is derived from another organism by an asexual reproductive process. The result is an exact copy, basically a genetic twin, of the organism being cloned. Cloning is still very faulty. The success rate of the process is extremely low. I've broken down the whole process to better explain it:  · Take an unfertilized egg from a female, and take the nucleus out.  · The cell from the specimen to be cloned is put in a petri dish and cultured for 7 days.  · Starve the cultured cells to put them into a dormant state.  · The egg and the cell are put next to each other in a dish.  · Then an electric current is passed through them to fuse them together.  · The reconstructed embryo is cultured and grown for 7 days.  · The embryo is put into the female that is at the same stage of the estrous cycle. She then becomes pregnant. There is a lot more to making a clone than what I described, but this brief summary of the process gives a basic idea as to what happens.   Ã‚  Ã‚  Ã‚  Ã‚  Many uses and benefits have been speculated as a result of these new innovations. For example, organs for transplants are in great shortages. In the past, animal-to-human organ transplants have been a big failure. The average amount of time a person would live after receiving an animal organ was about 2 weeks to a month, simply because the body would reject them. It is now possible to alter animals in such a way that the tissues of the organs will register as human organs when they are put into the body. Research is still in the early stages, but it is a definite possibility in the future.   Ã‚  Ã‚  Ã‚  Ã‚  Human therapeutic proteins can also be produced through bioengineering. These proteins are used to treat a variety of human diseases, but they are hard to produce and run the risk of contamination and disease through traditional methods.

Contract Law Assignment Essay

From looking at the facts laid out by Grab regarding the purchase of a sandwich shop, it seems that the most likely action is that of misrepresentation. A misrepresentation is defined at common law as â€Å"a statement of fact made by one party to the other party, which is false. While not necessarily forming a term of the contract, is yet one of the main reasons which induces the one party to enter into the contract† and is supported by the Misrepresentation Act 1967. From the facts of the case according to Grab, it seems that he is unhappy about the purchase of the shop. There are two issues present here concerning misrepresentation. Firstly, he ‘specifically inquires’ to Dino whether Porthampton Institute (who are the shops main customers), if it was going to re-locate out of town, which was said to be rumoured. Grab refers to the statement made by Dino explaining that he had asked a neighbour, who is a senior planning official with the City Council, and assured Grab that â€Å"no move is planned†. Once buying the shop the institute moved out of town, causing the income of the shop to be substantially reduced. The second issue concerning misrepresentation is that of the business turnover for the previous three years. Dino explained to Grab that the shop was receiving ‘up to ,000 per year’. But after purchasing the shop Grab asked his accountant to look over the figures and found that it had only reached ,000 in the last year and was below ,000 for the previous two years. However for Grab to have an action for misrepresentation, he must first prove that Dino’s statements were those of fact and were false. It is necessary to discover whether the statements are a misrepresentation in the legal sense. A false statement of opinion is not a misrepresentation of fact -Bisset v Wilkinson. However, where the person giving the statement was in the position to know the true facts and it can be proved that he couldn’t reasonably have held such a view as a result, his opinion will be treated as a statement of fact. This would apply to the statement made by Dino about Porthampton institute not moving. Grab trusted Dino’s reassurance about ‘no move being planned’, because he had asked a person who looked like they were in the position to know the answer i.e. Dino’s neighbour, a senior planning official for the City Council. In this case to the general person, it would seem that Dino’s statement about the sandwich business having a turnover of up to ,000 per year for the previous three years is a statement of opinion due to the language used. Dino states up to ,000, meaning it may come across as a statement of fact because Grab sees Dino as a person who has owned the business and run it for the last ten years, suggesting that he had some skill or knowledge of the subject matter of his statement. The case of Smith v Land and House Property Corp is an example of how the courts could view Grabs case. In this case a statement that the tenant of the house concerned was a â€Å"very reliable person† which was considered to be a statement of fact rather than a statement of opinion as â€Å"†¦..the opinion was being made by somebody who had the knowledge to make such a statement†, so in my opinion the courts could view Dino’s statement as a statement of fact in this context, as h e had the â€Å"knowledge† to make such a statement due to his position as the owner of the sandwich business. If the courts were going to look deeper into Grab’s case they could look at another issue concerning ‘silence’. Generally silence is not a misrepresentation. The effect of the maxim caveat emptor is that the other party has no duty to disclose problems voluntarily. Thus if one party is labouring under a misapprehension there is no duty on the other party to correct it: Smith v Hughes . However there is an exception to that rule which may help Grab. Half truths – the representor must not misleadingly tell only part of the truth, thus a statement that does not present the whole truth may be regarded as a misrepresentation as in the case of Nottingham Brick & Tile Co. v Butler . We need to find out whether the statements made, induced Grab into signing the contract. The courts would look to four conditions laid down by a series of cases to decide whether the statement did induce the contract to be entered into by the representee. The first of these is defined by the cases of Smith v Chadwick and Museprime Properties Ltd v Adhill Properties Ltd where it was decided that the representation must be material to the subject matter of the contract. The second is that the representee must have relied on the misrepresentation. The misrepresentation has material value – the business profit margin. It can be seen adequateley important enough to influence Grab as a reasonable person. Once Grab has proved that both the statements made by Dino are actionable misrepresentation it is necessary for me to advise him of the type of misrepresentation which has occurred, which depends on the mind of the representor at the time he made the statements. The first type of misrepresentation is fraudulent misrepresentation at common law. I would advise Grab that this bears a very high standard of proof and is very difficult to prove, as he would need to prove that Dino was deliberately dishonest in making the statement. Another type of misrepresentation is that of negligent misstatement at common law. Here the claimant must prove that there was a special relationship between the parties and he must also prove all the elements of the tort of negligence. However, once again this is difficult to prove as the burden of proof is on the ‘wronged party’, and I would advise Grab that it would be difficult to prove that Dino knew that he would act on his representation. I would advise Grab that it would be better to attempt to repudiate the contract under the doctrine of ‘negligent misrepresentation’ under the Misrepresentation Act 1967, for the statement about the turnover of the business being not exactly true. This is because s2 (1) of the act changes the burden of proof, shifting it to Dino who must now prove that he had â€Å"†¦.reasonable grounds to believe †¦.and did believe the statement(s) to be true..† , if Dino cannot prove that he believed the statement to be true  than he will be ‘negligent’, meaning he will be liable for damages and or rescission of the contract (subject to certain bars of rescission). This burden can sometimes be difficult to discharge as shown in the case of Howard Marine & Dredging Co. v Ogden & Sons . I would advise Grab that the decision of the courts in the case of Howard Marine, if it was to be followed by the courts in his case, that it could be an important factor. In Howard Marine the courts said that for them to reasonably believe their statement was true they must take reasonable steps to verify this fact i.e. the manufacturer of the ship. If it is established that Dino did not have proper recordings of the business accounts, this could be a major factor in Grab’s case. Now that damages for negligent misrepresentation may be awarded the question arises whether the representees own negligence, which has contributed to his decision to enter the contract operates to reduce proportionality to the liability of the representor. The courts may take this into account with Grab that contributory negligence is present here, because Dino offered him the chance to look over the business turnover accounts before putting in an offer to purchase. As in the case of Gran Gelato Ltd v Richcliff (group) Ltd , Sir Donald Nicholls V-C decided not to make any reduction in the damages awarded, on the ground that the defendants intended that the plaintiffs should act in reliance on the misrepresentation, so they cannot complain when liability is imposed precisely because the plaintiffs did act in the way the defendants intended . Innocent Misrepresentation is another form of misrepresentation. It must be regarded as a false statement, which was made neither fraudulently nor negligently. In fact, as a result of the wording of s.2 (1) of the Misrepresentation Act 1967, the representee must not only have believed the statement, but must be able to prove that he had reasonable grounds for believing it. The victim of an innocent misrepresentation is entitled to rescission of the contract, and to an indemnity intended to help restore the parties to the position before the contract was made. There is no right to damages for innocent misrepresentation, but the court has a discretion to award damages in lieu of rescission provided the right to rescission has not  been lost – as set out in s.2 (2) of the Misrepresentation Act 1967. It is clear with Grab’s case that Dino made a false statement innocently, which can be believed to be correct because he asked a senior planning official who was a neighbour of Dino. Even though the information was not completely right, it still looks reasonable enough to believe such a statement. Overall, my advice to Grab is if he prosecutes Dino with innocent misrepresentation for the move of the Institute and negligent misrepresentation regarding the turnover of the business, the courts would look into giving Grab the right to rescission, putting him in the position before the contract was first made and also they would calculate the loss of earnings for the ten months that he was in ownership of the sandwich shop and award him with compensation. It is not definite that the courts will uphold both negligent and innocent misrepresentation but the contract between Dino and Grab will definitely become voidable as opposed to becoming void. Meaning that he will receive either rescission or damages, but that would be for the courts to decide. Overall Grab has a strong case against Dino.

Marijuana: a Gateway to Self Destruction

There has been substantial research which provides information on how Marijuana is not addicting itself, but the way it sakes you feel can be the breaking point to trying other addictive drugs. Research shows, adults who are addicts admit their first time of use and first drug of choice was when they were an adolescent and smoked Marijuana. Until today, many argue for or against legalizing marijuana throughout the united States, and it is still a struggle for some to overcome. As of 2011, Marijuana became legal in 16 States in the united States (Anabas & Cohen, 2011).According to the Office of National Drug Control Policy (OWNED, Bibb there has been Increasing efforts to legalize marijuana which can cause marijuana to rope In price and Increase the use of the drug (OWNED, 2013); keeping It Illegal keeps the price of marijuana up keeping the use rates low. According to Carbon. Org, (Bibb marijuana can be purchased In almost any neighborhood In any city or state In the U. S. , thus con tributing to the pervasive nature of the drug. It is also considered a drug of convenience because it is easily concealed, both for transport and use.This is why it has become widely popular with adolescents or young adults who have a lot of authority figures involved in their lives. Most marijuana users or those with Arizona in their possession do not go to prison. According the OWNED, a survey by the Bureau objectifies Statistics showed that . 7 percent of all state inmates were imprisoned for marijuana possession only because they had pleaded down from a more serious crime (OWNED, 2013). By States legalizing medical marijuana, it makes marijuana more easily obtainable for teens and normalizes It making It seem okay to use.Between the ages of preteen and teens, any disruptions In normal brain development, including chemical disruptions and/or changes can make physiological and psychological changes that can last a lifetime. According to Anabas & Cohen (201 1), early-onset drug use is the single best predictor of future drug problems in an individual (P. 8. 13). Children, whom experiment with any drugs or alcohol, including marijuana, before the age of 12, are four to five times more likely to have major addiction problems than those who wait until after 18 years of age (P. . 13). Adolescents contain less body fat and water content than adults and have immature enzyme metabolism systems. They also â€Å"manifest the condition shortly after beginning use if genetically vulnerable to addiction,† (8. 13). Adolescents are more vulnerable to environmental stress and drug availability and had less time to develop life skills and healthy coping mechanisms (8. 13). Marijuana can have negative effects on the body and makes a person more susceptible to colds, flu, and other viral infections.ETC can lead to â€Å"enhanced growth of tumors, including those response. Marijuana smoking also damages the lungs and other respiratory tissue (Anabas & Cohen, 2011). The legalization of marijuana is making the drug easier to acquire and because of this more and more adolescence are using this drug. With he vulnerability of the young human brain the impact of marijuana can be extremely sever. Legalization is making the use of marijuana a social norm which is slowly leading users to try other drugs, causing marijuana to be a gateway drug.

War Brings Out the Good in People

War brings out the best in people War does not bring negative effects all the time. It does bring out the best in people. This is because during war people start caring more about everyone. The war unites people and makes them more courageous. During war time, people start caring more about everyone’s humanity. When people see, for example, a family in distress due to war, then people would become more hospitable and help them in every way they can. They might give them clothing, food and provide all their necessities, and also sometimes let them stay at their own place.During the war time people become more united. For example, the town I lived in got bombed, then all the people in our town would get together to survive in the bad times. Even enemies will be united in these bad times . During war people will not only think about themselves, but they would also think about others too. For example, the people who live in the next town would collect money and help our town that was bombed. Even other neighboring countries would help us in times as these.During the war time, people would get more courageous. This is because to survive people will have to be courageous. If they are not scared then they can somehow bare any sort of pain. But if people are scared they would not be able to face the ugly truth of war. To conclude, I would say that war does not bring bad in people. It does bring the good in people as the facts I have written above. Because of war people would be more hospitable, caring , courageous and be untied to survive together.

Law for Business Case Study Example | Topics and Well Written Essays - 1500 words

Law for Business - Case Study Example There have been various justifications which have been provided for this approach which include the control test, deeper pocket justification etc which have been said to be adopted by judges. (Professor Glanville Williams) 2 The three tier test which needs to be proved in order to hold an employer vicariously liable is a) offender was the employee (of that employer) b) a tort had been committed by the employee c) and it was committed in the course of employment.3 When determining the nature of the relation with the person that is whether he is an employee or an independent contractor the facts as well as the law have to be considered. However if there are written documents on whose construction it can be established then it is purely a question of law. (Davies v. Presbyterian Church of Wales)45 The distinguishing factor has been said to be contract of service or of employment which clearly point out to an employer-employee relationship allowing vicarious liability for torts of others, however if there is a contract for services then no employer-employee relationship will be found and thus no vicarious liability.6 The traditional aspect for determination of employee from independent contractor was th... Noakes)7 It needs to be pointed out tat the use of the control test has been limited because of difficulties being faced by courts, however it has not been abandoned. 8 The next important aspect which needs to examined it that of mutuality of obligations that is offer of work by employer and acceptance by employee. It needs to be pointed out that these tests are helpful but not conclusive. Therefore there are many factors which have been taken into account and the most important case can be said to be Ready Mixed Concrete (South East) Ltd. V. Minister of Pension and National Insurance9 on the applicability of such factors.10 By looking at the above case it will be presumed that Jim, the software engineer was an employee of Cobend rather than an independent contractor. The second point of the test which requires the commitment of a tort by the employee has clearly led to the employer being vicariously liable (Staveley Iron and Chemical Co. Ltd v. Jones)11 . There had been variations from this approach but it has been restored that an employer will be liable for the tort committed by the employee.12 The final requirement of 'in the course of employment' has been said to b a vexed requirement. There have been found to be many policy reasons for not holding employers liable but it has been said that if an employee has committed a tort which comes under the scope of employment then the employer will be held liable otherwise not. An important point which needs to be regarded with regards to the facts is that it needs to be established that Jim acted carelessly and therefore Cobend should be held accountable. The main points of consideration are the questions of the reason for employment of the employee and if it

Public Relations Essay Example | Topics and Well Written Essays - 1500 words

Public Relations - Essay Example Framed by experts as an election of a lifetime, the high stakes enmeshed in the waning economic prospects up for challenge by a more aggressive China combined to smash the historical barriers of racism, religion, class and gender to the very most coveted seat in the land of opportunities. An underdog brand with tags considered negative in the history American politics—a junior Democratic senator of African roots— Obama ignited the country with a well-organized campaign that has gone into history books as a standard benchmark in marketing excellence. Although the 2008 presidential race attracted an impressive array of individuals with known credentials in foreign policy and/or national political experience, Obama’s candidature carried a special burden over and above the nation’s leadership qualities; proving that he had what it takes to break through the virulent barricades of American racism (Balz and Johnson 13). From the very beginning, Obama fashioned h is candidature with a brand of change; a position emphasized at every turn with lucid communication tactics. A candidate with flawless oratory skills, Obama knew that the success of a â€Å"product† begins with nature given attributes. Obama inaugurated his candidature for the top seat with a democratic bent that had marks of inclusivity; the fact that American people were stakeholders in his lifelong career was never hidden from his very first limelight speech. As such, any further breakthrough endeavors had to incorporate them [the American people]. His able approach on the doubts surrounding his religious affiliations, his unique biracial background and the attacks questioning his allegiance to the United States more than gave Americans the feelings of knowledge of a next-door neighbor. With a baggage of confidence crisis that swept through the financial system; a stark reminder of the darkest days of the Great Depression, plus failures of the Bush’s presidency to c ontrol a national debt hovering at its highest, framing Obama as a candidate of change was inevitably a killer jibe to McCain’s prospects of rallying the public behind his bid (Balz and Johnson 11-12). Consistent with change-wrapped messages that were eloquently delivered to the very comfort zones of the American population, Obama’s brand offered voters something different. Change being the centerpiece of the Obama’s campaign strategy, McCain, though experienced enough to lead Americans in a new direction, caught himself in a cage of the status quo, a tag framed by the opponents-the Obama camp (p. 291). By integrating change as the dominant theme to America’s future, Obama’s disadvantages defined by history became no more. At a time in history when the public literally demanded to know more about the government’s handling of a crisis, the Bush’s administration had few answers to offer with little leadership. With the media largely rel iant on the government for public policy information that were plainly scanty, the presidential candidates were worthy sources for an explanation to the state of the economy. For the first time, a rare opportunity to showcase presidential decision-making abilities presented itself at an opportune time; and a vulnerable media was

Human Factors in aircraft operations in unfamiliar airfields Research Paper

Human Factors in aircraft operations in unfamiliar airfields - Research Paper Example As per a study, about 80% of the aircraft accidents happen during either landing or take-off of jets, and, thus, such accidents occur at close proximaty to an airport. Pilots may resort to unsafe acts, which may culminate into aircraft accidents due to human errors and violations of standard norms. This research essay will focus on the human factors witnessed by the aircrew in unfamiliar airfields and suggest ways and means to avoid and overcome fallacies that may lead to aircraft accidents. Introduction Some of the deadliest aircraft accidents happened not in the air but on the runways of airports. About 583 air passengers were killed in 1977 in the Canary Islands, when two jumbo jets crashed on a runway. A runway incursion accident in Chicago’s Midway airport in 1991 killed 34 air passengers. Unfamiliar braking system resulted in an accident in Chicago’s midway airport in December 2005. When a pilot took a wrong runway for takeoff in Lexington airstrip, about 49 air p assengers were killed in August 2006. When the captain was not able to manage for a gusty and strong cross wind during takeoff, the aircraft departed to the side of the runway in December 2008 at Denver International Airport. (NTSB 2012). Airport plays a pivotal role as it is the place where the aircraft is landing, taking off, parking, and taxing. According to ICAO (International Civil Aeronautics Organization), an aviation accident is one, which is happening of a fatal event during the operation of an aircraft. An accident in an airport may involve the following impacts namely as the accident in an airport during landing may involve severe damage to the atmosphere which includes the loss of property or life, and it may also create an acute social affliction. Further, airport accident while landing in a new location may emanate from various environmental factors like failure of equipment, human error and other associated risk elements. (Czerny, 2010, p.4-3). This research essay wil l conduct analysis about the issues faced by the pilots while landing at unfamiliar airfields and will make suggestion how to overcome the same. Issues Faced by the Pilots in Unfamiliar Airfields while Landing or Takeoff The ultimate safety of the aircraft and passengers are entrusted to the captain of the flight. There is a need on the part of the captain to understand strengths and Achilles' heel of each of the crew members and should be able to assign actions whenever it is needed. Under the Crew Resource Management (CRM), flight crew security is covered. In resolution of any probable security incident, captain is needed to treat and respect all crew members equally and properly. Proper training should be given to crew members to develop a strong state of mental ability for handling any critical situation. Each and every crew member should build up the buoyancy to be aware what is to be done in an emergency scenario and to react suitably when an incident occurs. (Williams & Wallt rip, 2004, p354). As per a study, about 80% of the jet aircraft accidents happen during either landing or take-off of flights, and thus such accidents are occurring at the proximate of an airport. Hence, there is a heightened peril of serious injury or death both to passengers and to the nearby communities residing close to the airport. If we analyze the happening of an accident during landing or take –off, one can find many reasons like the type of aircraft involved, the airport infrastructures, human factors and metrological conditions. Wong et