Liability for defective construction and design Essay

Liability for defective construction and design - Essay Example However, there are certain stipulations that must be met under different legal systems in order to ensure that the dispensation of justice is fair to all involved parties. The legal code in practice in the United Arab Emirates derives a number of different elements from English law but still has subtle differences when it comes to practice. This paper will look into the various kinds of protections offered under English law and UAE law for tortuous liability on grounds of defective construction and design. The discussion in this paper will be focused on the relationship between the developer (or contractor as applicable) and the end consumer who buys the constructed product or services in order to form a comparison of which legal system provides greater protection to the end buyer. Tortious Liability for Defective Construction and Design A number of legal systems provide for tortious liability for acts of omission and commission practiced by the contractor. It is possible to classify building defects using two clear classifications: patent defects and latent defects. While the former deals with defects that are visible to the contractor, consultant and other involved parties, the latter refers to defects that appear years after the building is complete. As far as patent defects are concerned, the involved parties can detect and deal with the defects as they appear unless the project owner is not satisfied. However, it is possible that latent defects remain and only appear after the building is taken into service. For example, it is typical to find leaking plumbing, easily broken floor tiles and the like once a property is taken into custody. The law does provide for remedies in these situations but such remedies are subject to certain stipulations such as time bars. English Law English law dictates that any defects observed after a takeover of constructed property must be evaluated through the Limitation Act of 1980. It is common practice for the parties involv ed i.e. the contractor and the project owner to agree to a period where any discovered defects would be rectified. It is typical to see contractual agreements between parties that stipulate periods of between one year and two years, after the completion of construction, to deal with any discovered defects1. This would apply solely to latent defects as common practice shows that patent defects are removed prior to building handover by the project owner or end consumer. Another set of circumstances would emerge if there are no such clauses available in the construction contract to deal with defects in the post construction completion scenario. In such circumstances, the aggrieved party has the option to go to a court of law in order to deal with any damages incurred due to the contractor’s actions. It must be taken to note that tort actions for such cases under English law are only possible if the tort claim is brought before the case no later than six years after the damage ha s been caused2. Technically the date that the damage is notice or secured is better known as â€Å"the date of action accrued†3. Here it must be taken to note that the involved parties may reduce or increase the period settled by the Limitation Act (1980) for tort claims to occur. It is common court practice not to interfere with the actions of

International privacy rights a primer Essay Example | Topics and Well Written Essays - 500 words

International privacy rights a primer - Essay Example As a worker in the international work place it is increasingly important to ensure that violation of the customer or consumer information does not take place either inadvertently and most certainly not deliberately. Since privacy laws in different countries are varied, there is a need to be sensitive to each country's privacy regulations so that confidentiality of the customer's information is protected. Citizens of developed states as the United States of America and countries of the European Union are particularly sensitive to privacy. In any case, irrespective of the applicability of legal provisions, it is the duty of every employee of the establishment to ensure privacy of the information of the customer gained during professional interaction and ensure that it is in no way compromised. This is as much a moral and ethical issue as a legal one and is thus explicit company policy. Privacy is a cultural context and rights to privacy is defined in modern terms as valid claims made against unauthorized access where a subject has the right to authorize or deny access. This right is based on autonomous choice and is required to be given as a form of informed consent. An individual has the right to control information about his person and behavior. Invasion of privacy implies access to information without consent. There is increased intent and capabil

Brief the UK company on business and national cultural norms in the Assignment

Brief the UK company on business and national cultural norms in the host country - Assignment Example Within an organization, the way how members interconnect, plan and make choices is largely influenced by beliefs, rules of conduct, attitudes, values and norms. Every organization has its own norms, customs, values, expectations and cultures that effect the interaction or behavior of the employees towards administration, associates, colleagues and collaboration between one another to achieve organizational goals. Norms are guidelines set by organizations to workers to be recognized and help them to accomplish its objectives. Members of the organization are directed to learn and follow various proceedings that occur at work and answer to them that expose businesses guiding norms and values (Gannon and Pillai, 2010) There are number of aspects that effect business success and offer its more development and growth. Business activity is directly affected by the values people follow and culture is demonstrated as the edge where certain set of values work. Values, beliefs and attitudes that are occasionally donated to as â€Å"Culture†, has an unchallengeable role in human actions and growth. It appears that in order to contribute in nation’s economic wealth and happiness, there must be a certain set of moral codes and values that assist in doing business (Chang, 2006). Certainly, values play the chief role in decision-building, as they direct attitude to one condition or another. Business success can be influenced by the values of individuals, their attitudes and principles as these features direct their action and behavior. Cultural elements have an important influence on the growth of business. Each society has its own elements of culture (Czinkota and Ronkainen, 2007). These factors of culture are demonstrated through: verbal, Nonverbal, religion, Language, manners, actions, education, aesthetics, social society and material elements. Adjustment of these essentials for an international company governs on its degree in

International privacy rights a primer Essay Example | Topics and Well Written Essays - 500 words

International privacy rights a primer - Essay Example As a worker in the international work place it is increasingly important to ensure that violation of the customer or consumer information does not take place either inadvertently and most certainly not deliberately. Since privacy laws in different countries are varied, there is a need to be sensitive to each country's privacy regulations so that confidentiality of the customer's information is protected. Citizens of developed states as the United States of America and countries of the European Union are particularly sensitive to privacy. In any case, irrespective of the applicability of legal provisions, it is the duty of every employee of the establishment to ensure privacy of the information of the customer gained during professional interaction and ensure that it is in no way compromised. This is as much a moral and ethical issue as a legal one and is thus explicit company policy. Privacy is a cultural context and rights to privacy is defined in modern terms as valid claims made against unauthorized access where a subject has the right to authorize or deny access. This right is based on autonomous choice and is required to be given as a form of informed consent. An individual has the right to control information about his person and behavior. Invasion of privacy implies access to information without consent. There is increased intent and capabil

Art is a product of its context Essay Example | Topics and Well Written Essays - 750 words

Art is a product of its context - Essay Example This was the period after Mesolithic which was majorly dominated by human domestication of plants and animals. It was around 9000BCE when climate grew warmer and the ice that covered the north Europe melted separating England from continental Europe and Spain from Africa. Agriculture and animal husbandry became the human kind’s major source of food. This art was mainly manifested in two cultures; the Ancient Near East and the Europe. In the Ancient Near East, Neolithic art is presented by the widespread of agricultural activities among the communities that settled around foothills of the Antilebanon, Taurus and Zagros mountains in the present day Turkey, Syria, Iraq and Iran. These activities were motivated by the sufficient rain that occurred in these regions. The crops which they domesticated include wild wheat and barley while goats, sheep and pigs were some of the herds of animals they had. Due to the massive growth of wealth as a result of different agricultural activities in Jericho, security was paramount leading to the construction of a great stone tower built into the settlement wall of Jericho to protect them from the marauding nomads. This permanent stone fortification had an estimated population of 2000 people. This marked the beginning of the monumental architect. In Catal Hoyuk settlements, there were numerous excavations and different types of Neolithic set ups. Their source of wealth was trade which involved the use of obsidian stone which was chipped to make cutting tools and weapons.

Jesus or Caesarion Essay Example for Free

Jesus or Caesarion Essay Ptolemy XV Philopator Philometor Caesar (June 23, 47 BC – August 23, 30 BC), better known by the nicknames Caesarion and Ptolemy Caesar, was the last king of the Ptolemaic dynasty of Egypt, who reigned jointly with his mother Cleopatra VII of Egypt, he was nominally the sole pharaoh. Caesarion was proclaimed a god, son of god and King of Kings. Caesarion, who was said to be Cleopatras son by Julius Caesar, was sent by his mother, with much treasure, into India, by way of Ethiopia. However, Caesarions guardians, including his tutor, either were themselves lured by false promises of mercy into returning the boy to Alexandria or perhaps even betrayed him; on the ground that Octavian invited him to take the kingdom of Egypt. The final conflict between Mark Antony (Marcus Antonius) and Octavian (future Emperor Augustus), Antony shared control of the Republic in a triumvirate with Octavian and Lepidus, but Lepidus was forced into retirement by Octavian in 36 BC, leaving Antony and Octavian as rivals. Two years later, in 34 BC, Antony granted various eastern lands and titles to Caesarion and to his own three children with Cleopatra. After losing the Battle of Actium to Octavians forces, Antony committed suicide. Cleopatra followed suit, according to tradition killing herself by means of a snake bite on August 12, 30 BC. She was briefly outlived by Caesarion, who was declared pharaoh by his supporters, but he was soon killed on Octavians orders, who would become the Roman emperor Augustus. Had Caesarion executed in Alexandria, following the advice of Arius Didymus, he advised Augustus to execute Caesarion, with the words ouk agathon polukaisarie (its not good to have too many Caesars) Augustus (Octavian) (September 23, 63 BC – August 19, 14 AD) is the founder of the Roman Empire and its first Emperor, ruling from 27 BC until his death in 14 AD. Augustus died in 14 AD at the age of 75. He may have died from natural causes, though there were unconfirmed rumors that his wife Livia poisoned him. He was succeeded as Emperor by his adopted son (also stepson and former son-in-law) Tiberius. Alexander Helios (25 December 40 BC possibly between 29 BC 25 BC) was a Ptolemaic prince and was the eldest son of Greek Ptolemaic queen Cleopatra VII of Egypt and Roman triumvir Mark Antony. Cleopatra Selene II (25 December 40 BC-anywhere from 9 March 5 BC to 6), also known as Cleopatra VIII of Egypt or Cleopatra VIII was a Ptolemaic Princess and was the only daughter to Greek Ptolemaic queen Cleopatra VII of Egypt and Roman triumvir Mark Antony. Ptolemy Philadelphus ( August/September 36 BC – 29 BC) was a Ptolemaic prince and was the youngest and fourth child of Greek Ptolemaic Queen Cleopatra VII of Egypt, and her third with Roman Triumvir Mark Antony. Octavian took him and elder siblings Alexander Helios and Cleopatra Selene II from Egypt to Italy. Octavian celebrated his military triumph in Rome, by parading the three orphans in heavy golden chains in the streets of Rome. The chains were so heavy they could not walk, prompting reactions of sympathy from the Romans. The three siblings were taken by Octavian and given to Octavia Minor, Octavian’s second elder sister and the siblings father Mark Antonys former wife. Tiberius (16 November 42 BC – 16 March 37 AD), was Roman Emperor from 14 AD to 37 AD. Pontius Pilatus, known in the English-speaking world as Pontius Pilate, was the fifth Prefect of the Roman province of Judaea, from AD 26–36. He is best known as the judge at Jesus trial and the man who authorized the crucifixion of Jesus. As prefect, he served under Emperor Tiberius.

Influence Of Christianity In South Korean Politics Essay

Influence Of Christianity In South Korean Politics Essay Introduction South Korea as a country has a large number of Christian denominations unlike Japan or China where the dominant religion is Buddhism, Confucianism, or other traditional religions. The roles that the Christians played in Korea extends to social, economic and political field. This paper concerns with how Christian as a religion had an unprecedented influence in the political spheres in South Korea politics. South Korea apparently has more than 60,000 churches and is considered the most Christianized non western country.* Christianity was said to have entered Korea in the 18th and 19th century through China by the Roman Catholics. However it was met with a harsh treatment meted out towards these foreigners and even persecuted the converts. However, despite the persecutions the number of converts later increased more than before and for these missionaries they found a fertile land for the Christian as a religion to grow manifold and till today it remains so. The opening of the port in Korea led to the inflow of merchants who along with the trade came the influence of western ideologies, cultures and many others. It also lessened the oppressions against these Christians which created, in part, a condition that enabled the Christians to have more of a receptive welcome. Not only did they bring doctors, medicines from outside but also schools which would in the later stages play an important role for the Koreans in every aspect of their life-be it in economic, social, education, political and the likes. The political influence that came from outside of Korea further intensified for other foreigners to have a say in the political matters. And of course the degradation of the social order created a breeding ground for the rise of voices that were subdued before with the aid of foreign influence. The disadvantaged lots were more perceptive of these new changes and they knew that they were able to have a say in an otherwise country which was ma terially and ideologically held by the ruling classes-the Yangban class. It gave the lower discontented sections of the society freedom from the bondage of the Confucian social order. Education by the Christians and its introduction to democracy One of the major contributions that the Christian missionaries brought along in Korea was education and through this tool people were made to realize the importance of equality through education and the opposition of the elites. Education in olden days was available only to the rich and the elites of the Korean society with the usage of the Chinese scripts. With the mission to make the Koreans learn how to read bible the missionaries took efforts in making the hangul script available to all the common people. Through education the notions of human rights, liberty, equality, democracy and other western concepts came into force. It was involved in the propagation of activities such as the founding of politically independent newspapers which would serve an important means to either support the government or to criticize the wrongdoings of the government. Even the missionaries helped form unions for the workers for fair treatment and the rights of the workers. In education it provided the individuals with a cause for national independence with the protection of American missionaries. The large Christian presence in Pyongando province in part accounts for its prominence in the Independence movement during the early phases of Japanese rule. The Koreans had to undergo a lot of hardships during the Japanese rule and their economic and social was in a mess. . The independence club founded by the Christian missionaries was active in the remedying of corruption and compromised political order; this club had many Christians as its leaders. Although it was known that Catholics came first to Korea it was the Protestants that had a large growing number of converts who introduced the concepts of ideas concerned with national independence and other new liberal thoughts. In a way one can say that the role played by these missionaries were more of political than that of spirituality. One must however note that some of the Protestant Christian church lead ers at the later stage declared that any those Christians who were involved in activities other than spirituality should be banned from the churches as the church was supposed to be a place of worship and not a place for talks regarding issues that are related to labor, peace or international affairs. Christianity and Politics Even before the appearance of the two super powers in Korea, the political activity was very active even in North Korea. The church leaders were active in the participation of political activities that offered them quite a huge opportunity. The Soviet Union viewed Christian Church suspiciously because it wanted to establish a friendly relationship with Korea but the fact that Cho Mansik the then leader of CPKI (this CPKI was sponsored by church leaders) was a Christian and has a Christian background of his organization it was going to be a problematic situation for the Soviet Union as they viewed Christianity as something that was sympathetic towards the United States. The Soviets knew that the United States had introduced Protestantism to late Choson Korea and promoted it until the outbreak of the Pacific War in 1941. In addition to that there were factors such as the growing influence of Christian leaders like Syngman Rhee and Yo Unhyong in the south as well. In this factor too, it became a necessary for the Soviets to not ignore the influence that Christianity as a religion was having over both North as well as South Korea. Syngman Rhee, the first president of South Korea was himself active in both the Independence club and the Youth Mens Christian Association (YMCA) and was educated in a school founded and run by U.S. Methodist missionaries. During the time of the Japanese rule the March First Independence movement of 1919 where the Christian churches played an important role posed a direct threat to the Japanese rule. Not only did it provided shelter to the intellectuals following their suppression by the Japanese but it also exercised an appeal to the people of Pyongando province who were very alienated from the mainstream of political or social life. During the early years of liberation the Christians had more support from the masses and had more potential in terms of political activities because of better education, experience in politics and administration which wasnt so for the other groups like the businessman, bureaucrats and policemen who were known to have collaborated with the Japanese durin g the colonial era. After the liberation of Korea from Japan and the outbreak of the civil war between the North Koreans and the South Koreans there was a huge displacement of the people from the north to the south because of the anti drive towards Christianity in north with its ideologies based on communism and these north Koreans had been the stronghold of Korean Christianity who formed the core of the church in the south. In fact Pyongyang was once the center of Christianity on the peninsula known as the Jerusalem of the East. These North Koreans supported Rhees efforts to establish an anti communist ideology. In his speech before a conference of Presbyterian churches he said that the most urgent problem that the South Koreans faced was that of the Soviet trained Red army which aspired to wipe out Christianity. He appealed to the church members for support of his government and to fight against communism. Rhees drive toward anti communism helped minimize the opposition to his government by the churches as they shared the similar ideologies.perhaps this explains a cordial relation between the government and the church during that time. During the reign of Park Chung Hee, the establishment of the Yushin system was criticized on the grounds that the system was corrupted and it violated human rights which involved kidnapping and torturing. In opposition to the government few incidents broke out in October which was to later have a major influence on other movements as such. The arrests of the church leader Rev. Pak Hyong gyu, Rev. Kwon Ho Gyong on 6th July 1973 on the charge of leading a rebellion against the government led many Christians to provide as many as 400 anti-Yushin leaflets causing the government to distort the actual incident through the usage of torture. Overtime the incident became very big that international body of church came in August 1st 1973 to investigate the matter. The government, due to pressures both from outside and inside the country, finally yielded to the demands and released the prisoners. This incident shows the crucial bitter battle between the Christian organizations and Park regime and the incident further promoted the churches dedication towards democracy and human rights. The opposition movement was indeed hugely responsible for the demand of the establishment of democratic institutions and that of the political and civil rights. Catholic politician Kim Dae Jung raised his voice against Park Chung Hee for intimidating the South Koreans through the Yushin system and he became famous for his campaingn against President Park and his strength at withstanding periods of imprisonment, exile, attempts to assassinate him and even death sentence. In 1997 Kim Dae Jung was elected and he was the first catholic to be elected as a president in South Korea. Even though he lost to his opponent the country would still have a catholic as its president for the opposition was also a catholic Lee Hoi Chang who lost to Kim Dae Jung by only 2 points. Kim Dae Jungs predecessor, Kim Young Sam was also a Christian, a Presbyterian leader who was elected as the president of South Korea in 1993 indicating the vitality of Christianity in South Korea. A liberation theory called minjung shinhak literally meaning the theology of people became a towering symbol of the rally of democracy, equality, social justice and human rights. Christian churches championed the causes for the people of Korea in political, economic and in social spheres. It was a strong supporter of democracy and campaigned against the authoritative, oppressive and military rule of the Korean government. Besides the university students the church as an organization forms the biggest group to oppose and criticize the government openly. It was also to be seen that most of the prisoners who were prisoned for engaging in anti government activities were church leaders, priests, students and journalists. Conclusion As we have seen Education was a very important instrument that the Christian Missionaries used to educate and produce intellectuals that would later participate in the political spheres. They would then probably have reflected those ideologies that they have imbibed during their education years in their political decisions as well. Some of the known Universities in South Korea that have Christianity as their background are Yonsei University and EWHA University among others. The alumni of these universities have enjoyed various social as well as political privileges. They have served in national cabinet and South Korea had the first female prime minister in Han Myeong Suk (also an alumnus of EWHA). The conception of freedom and basic rights as universal is central to Christian doctrine and perhaps its one of the many reasons as to why the Koreans after years and years of suppression found something in Christianity that they could finally be free from the subjugation and rule from foreign powers. Christianity has been used as a political tool by countries not just in Korea but also in other countries and is a powerful one that can be used for the betterment of society or for worse. In the case of South Korea it played a major role in the wake of liberalization from Japanese colonial rule and also in terms of monetary reliefs after the civil war where both the countries plummeted in poverty. The crossing of the South Korean priest and political activist Han Sang Ryol recently into North Korea from Beijing to Pyongyang who was of the view that Lees government was responsible for anti-reunification and upon which he was arrested for the violation of national security law is still a continuing evidence that Christian as a religion is still a tool that is being used for political purposes. With time one might even hope that Christianity serve a common ground for resolving problems between the two countries. However, it is of an importance to see that Christianity when used as a means for political reasons when actually it should be more of helping someone grow in faith it becomes a mere tool for other politicians to use for political gains and eventually peoples trust in the government would fail (which happened often in South Korea) and keep distance away from religion altogether as it has become something impure and a religion for the elites when it in fact started as an instrument to help the down casted lot. We all know how media especially the newspaper can harm or gain favor for the government in power and this knowledge is used to the maxim by the government to either financially support or threaten the opposing forces and in this case it was mainly directed towards these Christian organizations. South Korea as a country with a large number of Christians can spell trouble for the government if they go against some principles which would lead to mass protests and if there had been any casualties that government would face dire consequences; thus it became a necessity for the government to not take up policies or engage in activities that would anger these organizations and would even go to the extent of buttering them. In all one cannot ignore the major influence Christianity had in Korea-both North Korea (because the paper deals with only Christian influence in South Korea context much has not been written for North Korea) as well as South Korea in almost all aspects. Although one criticizes the motive behind the conversion from their tradition to Christianity stating reasons like easy access to monetary, position and other worldly gains (it is certainly true to some extent in that if the Christian missionaries have not made their appearance the history as we know of Korea might totally have been a different one) there have been some genuine reasons like the spread of equality, democracy, human rights and the likes. Despite the many accusations made against the Christianity as an organization in catering to the needs of other motivated politicians one cannot but help to remind that minus the Christians in economics, social, and even political spheres South Korea might not have been able to achieve such success in a matter of a short time which might be boisterous to say at one point but because the contributions it had made towards the development of South Korea had been enormous one cannot dismiss its role that easily. It is thus impossible to paint the whole of South Korea without a Christian element in it and the roles it had played significantly in other aspects besides the role of spiritualism.