Monday, May 25, 2020
Music As A Form Of Art - 1125 Words
Music is an art to reflect humanââ¬â¢s emotion. It is the science or art of using tones and sounds in association and in temporal relationships to make construction having unity and continuity.It can be divided into classical music, pop music, folk music and instrumental music. In the types of art, music belongs to abstract art. Music can make people pleasant and bring enjoyment of auditory sense to people.Music refer to an art include melody, rhythm ,harmony vocal and instrumental sounds.There is no investigate to prove the specific time of music produced.However,human already know to use the level of intensity of sound to express their meaning and emotion.With the development of human society,the unified slogans and shout of transferring information were produced gradually.This is the original type of music.When people celebrate and share the gain, the often beat some stone and wood to express the feeling of joy,this is the original type of instrument. Music is a form of art which is expressed by sound. This is one of the fundamental characteristics of the art.Any of musical works is created by a composer carefully, these sounds can be found in nature,but they can not be music without composerââ¬â¢s creation and composition,no creative element, can not become any sound for music.Of all the art forms, music is the most adept at expressing emotions, it is better for music to express emotion, because it uses inductive material and aesthetic forms.There is a similarity betweenShow MoreRelatedMusic Is an Art Form1504 Words à |à 7 PagesTERM PAPER ââ¬Å"Music is generally perceived as the most universal of all art forms.â⬠The literal meaning of the word music according to any dictionary is: art of combining vocal or instrumental sounds in a harmonious or expressive way. But music has a meaning which is far broader than this. Music is life. Music means Self-expansion and oneness. It is an art by itself. Art, in any of its forms, is generated by a person, or a group of talented yet usually ordinary people, that express, willinglyRead MoreMusic : A Powerful Form Of Art1516 Words à |à 7 PagesMusic is vitally important to countless people. As said by Frank Zappa, ââ¬Å"without music to decorate it, time is just a bunch of boring production deadlines or dates by which bills must be paid.â⬠Music brings art and creativity to a personââ¬â¢s life. Unlike, art or paintings or some theater, anyone can appreciate it. Simply, by tapping your foot to the beat, you are appreciating the art of music. Music is a powerful form of art. It motivates and inspires its listener. Music is like an indescribable f orceRead MoreRap Music As An Art Form1295 Words à |à 6 PagesI. Introduction ââ¬Å"Rather than treat rap music as an art form whose primary purpose is to entertain, prosecutors have become adept at convincing judges and juries alike that the lyrics are either autobiographical confessions of illegal behavior or evidence of a defendantââ¬â¢s knowledge, motive, or identity with respect to the alleged crimeâ⬠(Nielson and Kubrin 1). Recently, prosecutors have been using rap lyrics as evidence in a criminal case. Rap, a form of hip-hop, originated in the 1970ââ¬â¢s in NewRead MoreAn Multidisciplinary Art Form Of Experimental Music Theatre Essay1988 Words à |à 8 Pagesmultidisciplinary art form of Experimental Music Theatre is relatively new in the art world. It encompasses a wide range of musical and theatrical forms and styles and is often presented in unconventional venues. Similar to Wagnerââ¬â¢s notion of Gesamtkunstwerk, Experimental Music Theatre seeks to integrate all the arts to create one complete art form. For Wagner, this ideal materi alized in his Operas, which he labelled music dramas. However, in contrast to Wagnerââ¬â¢s dramas, where music, voice, poesy, paintingRead MoreMusic Is A Form Of Art In Which People Paint Pictures With1331 Words à |à 6 PagesMusic is a form of art in which people paint pictures with their words and instruments. On April 19th I attended an amazing performance at Prince Georgeââ¬â¢s Community college that was a prime example of this. The piano concert was a duet performed by Josiah Stocker and Hyeeum Hahm. They performed Vif, Modere and Brasileira by Darius Milhaud; Hoe-down, and Saturday Night Waltz by Aaron Copland; and VII. Waltz, V Rag, and VIII. A la Turk by Dave Brubeck. They played each piece beautifully but the enjoyedRead MoreMusic is one of many forms of art. There are varying types of music which consists of seven1300 Words à |à 6 Pages Music is one of many forms of art. There are varying types of music which consists of seven different concepts. These concepts: rhythm, tone, beat, melody, harmony, expression, and structure, are the fundamental parts of music. These parts of music, with all of its characteristics, has been proven throughout history to change views of most humans on earth regardless of age race, sex, and nationality. The creation of music is still disputed; however its early forms consisted of simple beats, rhythmsRead MoreDid the Impact of the Beatles Sgt Pepper Album Help Redefine Popular Music as a Culturally Significant Art Form?4164 Words à |à 17 PagesSgt. Peppers Lonely Hearts Club Band is first and foremost the album that gave rise to hopes of progress in pop music (The Times, 29 May 1967) Did the impact of the Beatles Sgt Pepper album help redefine popular music as a culturally significant art form? Summary of Assignment Choose an artist from the period 1900-1970 and to examine their relationship to the cultural and social framework of their era with reference to an important or influential album. Introduction In this essay IRead MoreThe Music Of Jazz Music1353 Words à |à 6 PagesTo define jazz music, one must scroll through the lexicon of words associated with the sound of jazz to come up with a description of the art form. Words such as smooth, cool, nice, swinging, and jazzy describe the art form. However, because of the vague definition of its sound, there is no one true definition of the art form. Jazz is an art form that cannot be restrained. Jazz is like watching Michael Jordan go up for an ordinary slam dunk, but in midair, he changes his mind to do something completelyRead MoreRomanticism in Music1653 Words à |à 7 Pagesearly twentieth century. Drastic changes in the arts took place over the course of this time period. During this movement, much emphasis was placed on emotion and imagination in the arts. Prior to the Romantic Period, music had been seen more as recreation and njoyment than as an integral part of culture. The term Romanticism was first used in England and Germany in reference to a form of literature. It soon after spread to music and the visual arts. Romanticism was largely a product of two importantRead MoreArt Songs and Schubert1542 Words à |à 7 PagesWhat is Art songs? The human voice is a natural instrument with unique capabilities. Speech and music have been combined since the earliest times, so that Song is probably one of the oldest musical forms. Simple definitions for song might be a piece of music performed by voice, with or without instrumental accompaniment, or a poem set to music. The German word for such classical song is Lied (singular) and Lieder (plural), so that you will hear the terms art song, lied and lieder used
Thursday, May 14, 2020
Placement of Spanish Adverbs
As a general rule, Spanish adverbsà and adverbial phrasesà are placed near the word they modify, generally right before or after. English is more flexible in this regardââ¬âit is common in English to see an adverb placed further away from the word it modifies, often tacked on the end. Examples of Adverbial Placement Note, for example, the differences in these two equivalent sentences: Aprobà ³ facilmente el examen de geometrà a euclidiana.She passed the Euclidian geometry test easily. In Spanish the adverb, facilmente, comes immediately after the verb, aprobà ³. In English, however, easily comes at the end of the sentence, with four words coming between it and the verb. Although it would be possible to place easily immediately before passed, it also would be acceptable to place an additional description after test and still keep easily at the end. In Spanish, it is possible to place the adverb after the object of a verb, but only if the object is made up of just a word or two. For example, either of these sentences would be an acceptable translation for The county issued two licenses previously: El condado emitià ³ dos licencias previamente.El condado emitià ³ previamente dos licencias. Emitià ³ here is the verb in the sentence, and previamente is the adverb. Previamente couldnt be placed at the end if licensias were followed by a description. For example, if the sentence were talking about business licenses, licencias de empresa, previamente would have to be placed next to emitià ³: El condado emitià ³ previamente dos licensias de empresa. If many words had followed the verb, the adverb would not be able to used at the end. An example using a variation on the last sentence would be: El condado emitià ³ previamente dos licencias de matrimonio para parejas jovenes.à The adverb previamente has to go close to the verb emitià ³. Otherwise, native speakers would not immediately connect the meaning of the adverb with the verb. Before or After the Word Being Modified? Depending on how the adverb is used, it can be placed before or after the word being modified. For example, is the adverb modifying a verb, another adverb, or an adjective? The type of word being modified usually determines where the adverb is placed in the sentence. Usually, an adverb that modifies a verb is placed after the verb. For example, The economy is based principally on three businesses, is translated as,à La economà a se basa principalmente en tres empresas.à Basa is the verb and principalmente is the adverb. Adverbs of Negation Exceptions to this rule are adverbs of negation such as noà or nunca, meaning no or never. Negating adverbs always precede the verb. For example, No quiero ir al cine, means,à I dont want to go to the movies. The adverb, no, comes before the verb, quiero.à Another example,à Marà a nunca habla de su vida personal, means, Marà a never talks about her personal life. The placement of the adverb is exactly the same as in English. The adverb, never or nunca, goes immediately before the verb, talks or habla. Modifying Another Adverb An adverb that modifies another adverb comes before the adverb being modified. Forà example,à Pueden moverse tan rà ¡pidamente como la luz, means,They can move as quick as light. The literal translation of the sentence is, They can move really fast like the light. Tan, meaning really, is modifyingà rà ¡pidamente, meaning,fast. Adverbs Modifying Adjectives An adverb that modifies an adjective comes before the adjective. Estoy muy contento, means, I am very happy.à Muy is an adverb that means, very, and contento is the adjective, meaning happy.à Adverbs Modifying an Entire Sentence An adverb that modifies an entire sentence often comes at the beginning of the sentence, but there is some flexibility, and it can beà placed in different spots in the sentence. For example, take a look at the sentence, Possibly, Sharon will postpone her trip. There are three possible placements of the adverb, posiblemente, and they are all correct: Before the verb:à ââ¬â¹Sharonà posiblementeà retrasarà ¡ su viaje.After the verb:à Sharon retrasarà ¡Ã posiblementeà suà viaje.At the beginning of the sentence:à Posiblemente, Sharon retrasarà ¡ su viaje.à Key Takeaways Spanish adverbs are placed close, and usually next to, the words they modify.Descriptive Spanish adverbs usually come after the verbs they modify but before adjectives they modify.When an adverb modifies the meaning of the entire sentence, its placement is flexible.
Wednesday, May 6, 2020
Homelessness in Public Schools - 998 Words
In the United States nationwide public schools are faced with dilemmas. The choices schools make has to be effective, serve the students, and have the best outcome. Well known problems such as bullying, special educational needs, budget cuts, new standards, and job cuts. Some of the problems are well known to the public while other problems are left in the background. According to the National Association for the Education of Homeless Children and Youth (NAEHCY) reported that the U.S. Department of Education collected data stating ââ¬Å"during the 2008-2009 school year that 954,914 homeless children and youth were enrolled in public schools.â⬠This problem affects the child socially, mentally, and most importantly academically. Theâ⬠¦show more contentâ⬠¦The school serves letting the child know they are a part of something and the child feels comfort and trust. Have banners up motivating the child they can be what ever they dream to. (e.) ââ¬Å"Provide additional supportsâ⬠- Additional programs are presented to the homeless st- udent such as a nutritional program to make sure the child gets a proper meal. Interactive clubs such as sports, academics, and organizations. All these help the child stay in school as they look forward to showing off their talents, in their specialized area; this helps the childââ¬â¢s ââ¬Å"social and academic development.â⬠(f.) ââ¬Å"Collaborate with other organizationsâ⬠- In conclusion after this research I am well aware of how one issue that the child is no way in control of can affect them in the classroom and as well later in life. That Elementary Education is the foundation of a studentââ¬â¢s future and can make or break a student. We as educators need to make sure that everything we do is for the children. Programs are created to make sure every child has an education no matter what circumstances or the background children come from. In AmericaShow MoreRelatedCase Study : Ending A Never Ending Story1685 Words à |à 7 PagesCampaign name: Ending a never-ending story. (Queensland) Executive Summary Situation Analysis and research Homelessness becomes a noteworthy matter in Australia in our time. Target publics People who suffering from homelessness and domestic/ family violence. Objectives (S.M.A.R.T): providing volunteer activities (April,2017), creating website ( early 2017) selling clothe at charity event ( every 3 weeks in 2017), recording documentary movie ( early 2017 ) Strategy: using both emotion and characterRead MoreI Am A Retired Army Veteran Essay1607 Words à |à 7 Pagesand the building complexes in that area and found that these were public housing. As I continued my research and what life was like there in those houses I decided that I would get some actual answers. I parked on the street and approached in a respectable manner an older man named Jimmy and asked him what it was like living in public housing. He answered ââ¬Å"I am a retired army veteran and before going into combat I married my high school sweet heart, but we didnââ¬â¢t have enough money to buy a home so sheRead MoreHomelessness and Childhood Development Essay976 Words à |à 4 Pagesexperience homelessness in youth. Homelessness at such an early and integral stage in oneââ¬â¢s life presents lasting consequences and we must work to better understand, prevent and reverse the effects of homelessness on children. ââ¬Æ' Homelessness is a widespread issue that in recent years has only worsened with the downturn in the economy and a never-ending war. Of this very vulnerable population however there is within an even more vulnerable population, the children affected by homelessness. We as a societyRead MoreThe Problem Of Homeless Families1622 Words à |à 7 PagesFamilies Before I began the research I had already known that single parent homelessness is a n extremely emotional and heart breaking problem. In seventh grade my family and I went on vacation to New York City and I remember seeing a good of homeless people on street corners, but what surprised me the most was seeing younger people who appeared homeless. Itââ¬â¢s a obvious answer, Iââ¬â¢m against homelessness and family homelessness even more. It truly is heartbreaking to see little children who are forcedRead MoreEssay On Homeless Programs838 Words à |à 4 Pagesthese programs and projects have played a role in reducing homelessness, it does not mean these programs make a significant difference. There is a dilemma about funding for housing projects. There is no doubt that housing projects cannot maintain their operation without sufficient funding. However, increased funding for homeless programs can slightly reduce homelessness. In ââ¬Å"Does Increased Funding for Homeless Progr ams Reduce Chronic Homelessness?â⬠, Shawn Moulton estimates a ââ¬Å"fixed-effects modelâ⬠to examinesRead MoreThe Negative Effects Of Family And Family Homelessness1270 Words à |à 6 PagesFamily and child homelessness has been a major social problem within the United states since the 1980s (Bassuk). According to the U.S. Department of Housing and Urban Development, it is a problem that affected 79,446 family households in January 2010, and over 1.5 million children between the years of 2005 and 2006. Family and child homelessness is a genuine issue that although has increased to 37% of the overall homeless, and is said to have reached an ââ¬Å"historic highâ⬠(Bassuk), it has not been discussedRead MoreEssay on Homelessness in The Glass Castle1264 Words à |à 6 Pagesare rarely exposed to miseries in society. One of these conflicts is homelessness. When living in an environment surrounded by homes, individuals often have difficulty imagining not being able to s leep in a warm bed, eat a proper meal or even receive necessary medical attention. This grim situation is depicted in the writings of Jeannette Walls. In the autobiography The Glass Castle, Jeannette Walls accurately portrays homelessness by explaining its causes, its impact upon daily life, and its effectRead MoreThe Effects of Homelessness on Children1654 Words à |à 7 Pagesmental abuse and drug use. Homelessness gained public attention in the late 1970s because homelessness became more visible when it began to include women and children. Today homelessness can be linked to various other problems. It is estimated that 200,000 thousand Canadians have lived in or used the services of a homeless shelter. On any given night, as many as 30,000 thousand Canadians experience homelessness and as many as 50,000 thousand Canadians may be ââ¬Å"hidden homelessnessâ⬠victims. In other wordsRead MoreYouth Among The Homeless Essay1118 Words à |à 5 Pages Homelessness is all around the world, and many people have either dealt with the issue or had first-hand experience with it. Thus causes everyone to think about the possible solutions to such an important social and economic problem. Whether or not anyone wants to support or ignore the issue, it will always be there. However, the youth population is on the rise among the homeless. While the exact number of youth among the homeless is hard to determine, given various information about homelessnessRead MoreHomelessness : America s Resources For The Homeless Are Scarce1452 Words à |à 6 PagesRunning Head Homelessness in America Resources for the Homeless are Scarce in America Justin Hooks Fayetteville State University 2/27/2015 Abstract In this study, I will take the time out and investigate the effects that every day citizens have on homeless citizens and how we can play a big role in helping homelessness decrease. Over the past years many citizens havenââ¬â¢t established safe and stable places to live. I will then elaborate on how you can be sheltered and unsheltered and still
Tuesday, May 5, 2020
Case Study of Horne v Queensland-Free-Samples-Myassignmenthelp.com
Question: Discuss about the Case Study of Horne v Queensland. Answer: Horne v Queensland [1995] Representing the plaintiff in this case Facts of the case The plaintiff, Yvette Sonja Horne, was 13 years old on 11 December 198, when she suffered serious injuries in the lower part of her body as she fell off her bicycle on the road in front of the rear wheels of a large semi-trailer that passed across her lower part of the body. She was riding on a bicycle, from her Aspley State High School to the Cooper Tennis courts that was located at some distance from the school, when she met with the accident. The State of Queensland is the first defendant; the driver who was driving the trailer, Lyall Norman Boettcher, was the second defendant and the owner of the large semi-trailer, Finney Bryce transport Pty Ltd was the third defendant in the case. The State of Queensland is subject to legal proceedings on the ground that it failed to exhibit reasonable care and was negligent towards the children under the responsibility of Aspley State High School (Foley and Christensen 2016). The school was negligent in allowing the children including the plaintiff to ride a bicycle to the Tennis courts because the road that pupils required to travel posed a danger to the cyclists of plaintiffs age, in particular owing to the heavy traffic on that road. Issue Whether the Aspley State High School breached duty of care Whether plaintiff was contributory negligent Whether the driver and the owner of the semi-trailer liable for negligence Arguments of the plaintiff The plaintiff contended that the driver of the semi-trailer was negligent as he failed to stop the vehicle even after he noticed that the plaintiff was riding the bicycle downward in front of his vehicle. Even the prime mover of the vehicle and the entire attached semi-trailer had passed the plaintiff safely before she actually fell off the bicycle in front of the rear wheels of the semi-trailer. The plaintiff further stated that there was evidence with respect to the negligence on part of the school, the fist defendant, as the school authority failed to take reasonable care and precautions to ensure that the children, especially children of plaintiffs age did not ride bicycles from school to the Tennis courts as the road they needed o travel posed danger for the children (Chase and Miller 2016). The plaintiff further contended that the mother of the plaintiff was assured by the school authority that children going to the tennis courts would travel in a group with a teacher or under the supervision of the teacher or any other authorized person of the school. On the day of incident, the first defendant told the students to make their own way to the tennis courts and their roll call shall be called at courts (Brake 2014). The friend of the plaintiff, Connie Miles, suggested the plaintiff to use a bicycle left at the school by another girl and ride to the courts. The plaintiff contended that as she proceeded down the hill behind her friend she saw the prime mover and semi-trailer as it was overtaking them. The plaintiff realized the default in the braking system of the bicycle and collided with her friends bicycle. She flung off her bicycle under the wheels of trailer. The plaintiff stated that she faced difficulty while controlling the bicycle just before the collision (Abraham 2017). Arguments of the defendant The second defendant stated that the plaintiff had noticed the semi-trailer when it was about two meters from her bicycle. He stated that he heard a slight noise and when he glanced in his rear vision mirror; he saw the plaintiff and her bicycle going under the back of the trailer. He stopped the vehicle and provided necessary assistance to the plaintiff and her friend. The second defendant contended that the drivers side wheels of the prime mover and semi-trailer were very close to the white line in Beams road that segregated the traffic travelling towards Gympie road. The second defendant stated that he saw two children riding bicycles in the front and he observed that the bicycle of the plaintiff was unstable or unsteady as the bicycle was too big for the plaintiff and that there was no indication that the plaintiff would swerve to her right more than 1.7 meters as the vehicle was proceeding past the plaintiff extending 2.4 metres from the centre line (Ryan, Callaghan and Large 2015). Judgment of the Trial court After perusing the contentions of both the parties to the suit, the court based its judgment on the following reasons. Firstly, the court considered that since the accident had taken place long ago, more than 9 years ago, therefore the court treated the reliability of the plaintiffs and her friends recollection relating to the cause of the injury with some reservation. Secondly, with respect to the issue relating to the fact whether the first defendant was liable for committing negligence against the plaintiff, the court considered the fact that the Aspley High School was accountable for ensuring that children are lead to the Tennis court under the supervision of any teacher or any authorized person. Apparently, on enquiring about the travelling that was to take place from school to the Tennis court, the mother of the plaintiff was assured that the children shall be led by a group of children under the supervision of the teacher. Thirdly, as per the contention made by the defendant that the bicycle was too big for the plaintiff and that it was unstable owing to the default in the braking system of the bicycle, the court preferred to rely on the evidence provided by the police officers relating to the condition of the bicycle and the evidence relating to the facts about the occurrence of the accident that was recorded by the police after interviewing the plaintiff, her girlfriend and the defendants (Spamann 2016). The court relied upon the evidence of the police officer under section 18 and 101 of the Evidence Act. Fourthly, in regards to the negligence alleged against the second and third defendant, the court accepted the fact that Beams road was a dangerous road especially or people riding bicycles after the fact were investigated by constable. The court did not accept the fact that the second and third defendant failed to exhibit reasonable precautions and care to avert the injury that was caused to the plaintiff (Hill 2015). The court based this statement on the evidence that while passing the plaintiff and her friend the side wheels of the prime mover and semi-trailer were very close. The distance between the plaintiff and her friend and the prime mover was a distance of 4.2 metre and the trailer being 8 ft wide, the court asserted that, the second and third defendant could not be said to be negligent. Further, the court accepted the contention of the second defendant that there is no further evidence that the second defendant was rash driving or travelling at a fast speed. Fifthly, with respect to the issue whether the first defendant was negligent for breaching a duty of care that it owed to the plaintiff being a student of the Aspley State High school, the court is of the opinion that the school authorities were liable for committing a breach of the duty of care by permitting the plaintiff to travel from school to the court during the time she was under the authority of the school. The school was aware of the location of both Aspley school and the tennis court and knew that possibly some students might ride their bicycles to the court on Beams Road which was taken by the plaintiff and her friend. Sixthly, the court also considered the fact that on the day when the plaintiff met with the accident, the school advised children to choose their own way to the Coops Tennis Centre which implied that both cycling and walking were suitable means of travelling. The children were not supervised by any teacher which establishes the fact that the school failed to exercise reasonable care and breached its duty towards the plaintiff (Barry 2017). Although the first defendant contended that walking would have been a safer means than riding which would have been a sensible route for mature people in the situation of the plaintiff, but it must also be considered that the plaintiff was immature at her age and under the influence of peer pressure she agreed to ride a bicycle of a bigger size with defective braking system. In order to safeguard the children from avoidable known risks while they travelled from school to the court, it was the responsibility of the school to guide the children to walk to the court under the teachers supervision instead of riding bicycles on dangerous traffic ways. The statement of the court that the school authorities were negligent in fulfilling its duty of care is supported by the authorities relating to the obligation of school authorities, referring to Geyer v Downs Anor [1976-77] 138 CLR 81 and Williams v Eady [1893] 10 TLR 41 at p.42 which clearly defined the duty of a schoolmaster towards the students. It states that the schoolmaster was bound to exhibit care towards his boys just like a careful father would take care of his boys. Seventhly, with respect to the question whether the plaintiff was guilty of contributory negligence, the court stated that it was obvious for a 13 year old school girl who was used to riding bicycles to detect that the bicycle she was riding had defective brake system. The evidence suggests that the condition of the bicycle resulted partly from the collision between the bicycle of the plaintiff and her friend and partly due to the lack of experience and care on part of the plaintiff (Antieau 2016). Eighthly, the court considered the fact that the plaintiff continued to the accident spot riding her bicycle that was large and with defective brake system indicated her lack of care and maturity for her own safety. The court based this statement on the judgment observed in Lynch v Nurdin [1841] 1 QB 29 which stated that contributory negligence on part of a child refers to the failure to exercise the care that is reasonably expected form an ordinary child of the same age. Lastly, the court divided the responsibility between the first defendant and the plaintiff where the plaintiff shall borne 25 percent of the responsibility for contributory negligence and the first defendant shall be liable for 75 percent of responsibility for negligence. The plaintiff was awarded with damages under the Griffiths and Kerkemeyer head of damage. Decision of Appellant court The judgment apportioning negligence against the appellant was set aside and the plaintiff was awarded the cost of the appeal. Critical analysis of the decision The court accepted the contention made by the second defendant that the bicycle was too big for the plaintiff and seemed to be unstable or unsteady. Therefore, the court was satisfied on the fact that cause of falling off the bicycle was either the inexperience of riding on a bicycle or the default in the braking system in the bicycle of the plaintiff. Further, the court rejected the contention of the plaintiff stating that the second defendant should have stopped the vehicle when he noticed that the plaintiff seemed unsteady. This is because the plaintiff did not do anything that would have caused the second defendant to halt his vehicle before he could come in contact with the plaintiff. Furthermore, Beams road being a busy road, the second defendant had other vehicles bend him and it seems unreasonable to expect a semi trailer carrying 20 tons of paper to halt the vehicle. Moreover, there was no indication that the presence of bicycles would have led the second defendant to forese e that is vehicle would pose a danger to the plaintiff and her friend. On applying Lynchs case, the court considered that the plaintiff was 13 years old and was an intelligent girl that is evident from her school reports. The evidence suggests that plaintiff was aware of the difficulty she experienced in bicycling before she reached at the place of injury. The court concluded that the injury was the outcome of the immature and foolish conduct that resulted from the negligence on part of the first defendant. Hence, the plaintiff was partly responsible for the injury. The appellant made an appeal stating there was no contributory negligence on her part and claimed damages for the need for future care. The appellant court held that the trial judge did not provide an precise evidence as to when the appellant became aware of the defective brakes or no evidence that she knew about the defect before commencing the ride. Further the appellant held that she was able to exercise some control over the speed by using the front brake and the pedals. Furthermore, the size of the bicycle was said to have caused the injury but there is no evidence when the appellant realized that the size of the bicycle obstructed her efficient control over it. Therefore, the evidence failed to establish that a 13 year old should have detected the defect in the brake Reference List Abraham, K., 2017.The forms and functions of tort law. West Academic. Antieau, C.J., 2016. Procedural Requirements and Shared Liability.Antieau on Local Government Law, Second Edition,3. Barry, C., 2017. Statutory modifications of contributory negligence at common law.Precedent (Sydney, NSW), (140), p.12. Brake, D.L., 2014. Tortifying Retaliation: Protected Activity at the Intersection of Fault, Duty, and Causation. Chase, O.G. and Miller, H.G., 2016. Law of Negligence.New York Practice Guide: Negligence,1. Cusimano, G.S. and Roberts, M.L., 2016. Contributory Negligence and Assumption of Risk.Alabama Tort Law,1. Foley, M. and Christensen, M., 2016. Negligence and the Duty of Care: A Case Study Discussion.Singapore Nursing Journal,43(1). Geyer v Downs Anor [1976-77] 138 CLR 81 Goudkamp, J. and Nolan, D., 2016. Contributory negligence in practice. Goudkamp, J. and Nolan, D., 2017. Contributory negligence on appeal. Hill, L.L., 2015. The Litigation Privilege: Its Place in Contemporary Jurisprudence. Lynch v Nurdin [1841] 1 QB 29 Ogden, B.G. and Hylton, K.N., 2016. Incentives to Take Care Under Contributory and Comparative Fault. Ryan, C.J., Callaghan, S. and Large, M., 2015. The importance of least restrictive care: the clinical implications of a recent High Court decision on negligence.Australasian Psychiatry,23(4), pp.415-417. Spamann, H., 2016. Monetary Liability for Breach of the Duty of Care?.Journal of Legal Analysis,8(2), pp.337-373. Williams v Eady [1893] 10 TLR 41 at p.42
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