25 August 2015

Network layer security, preventive and detection techniquesNetwork layer security, preventive and detection techniques

25 August 2015,
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Network layer security, preventive and detection techniquesNetwork layer security, preventive and detection techniques Click here for more on this paper……. Click here to have […]


25 August 2015

Describe the nature of general tortious liability comparing and contrasting to contractual liability
Assignment Scenario
You (Adrian), Ben and Cecile are the one of the three partners of the company ‘Business Logic’. Your main trade is to offer advice to companies on the best and cheapest goods or services available online. Your work is, therefore, to conduct extensive online searches and offer reliable information to companies within very short periods of time.
In this context, please conduct research and answer the following questions to the best of your ability;
Assignment Question(s)
Question 1 (Learning outcome: 1) Describe the nature of general tortious liability comparing and contrasting to contractual liability

i. Client A is offering to you a bottle of expensive French champagne as a gift during the opening of your new premises in Amsterdam. The champagne is contaminated with chemical soap used to clean the bottles. As a result you fall ill. Can you sue the champagne company? Would your situation be different if you had bought the champagne yourself? Please compare contract and tort liability and explain the meaning and implications of the rule of privity.
Question 2 (Learning outcome: 1) Explain the liability applicable to an occupier of premises
Two days after the formal opening of your offices in Leidseplein at the third floor of a building, a woman and her three year old son come into your office. Your secretary instructs them to take a seat in the waiting room and wait for you to meet them. While they do so, however, the son touches an exposed electricity wire on the floor. It seems that your sub-contractor forgot to cover it up.
i.   Explain what is premises and who can be considered as an occupier of premises here. For present purposes, assume that the company does not have a separate legal personality.
ii.Compare the liability of the occupier as regards the 8-year-old boy and his mother. What is the applicable legal standard?
Question 3 (Learning outcome: 1) Discuss the nature of employer’s liability with reference to vicarious liability and health and safety implications
A month after your company starts functioning; one of your secretaries decides to go out to the designated smoking area in the balcony for a cigarette break. Instead of putting out the cigarette in the ashtray, he throws it off the balcony and on to the balcony of the downstairs firm, where there is flammable material (carton box with paper). As a result a fire erupts and the downstairs company suffers serious damage; they need to shut down for a month, repaint their premises and throw away files and documents contaminated by smoke.
i.   What is the extent of your liability for the damage caused by your secretary, if he was one of your employees?
ii.What would be the extent of your liability, if the secretary was an independent contractor?
Question 4 (Learning outcome: 1) Distinguish strict liability from general tortious liability
Your company failed to provide correct advice to a client because of carelessness.
i. Explain whether your company would have strict or general tort liability, and analyse the difference between the two concepts.
Question 5 (Learning outcome: 2) Explain and understand the application of the elements of the Tort of Negligence
On your way to work, you are buying a café latte from the down stairs cafe. The milk used for your coffee has expired however, and you fall sick as a result of its consumption.
i.   What are the elements of the tort of negligence according to the Donoghue v. Stevenson Case?
ii.How can they apply in the present case?




Question 6 (Learning outcome: 2) Analyse the practical applications of particular elements of the Tort of Negligence
i. Explain the difference between causation in fact and causation in law, and offer one case as an example of each.
Question 7 (Learning outcome: 3) Describe the nature of International Business Entities, the registration and formation of such entities
i. What is in your view the most important consequence of the veil of incorporation?
Question 8 (Learning outcome: 3) Analyse the benefits of various International Corporate Entities
Your company has failed to honour its agreement to provide timely advice to client A.
i. Explain the difference in liability if your company is an unregistered partnership or a limited liability company.
Question 9 (Learning outcome: 3) Discuss the nature of the franchise relationship and the franchise agreement
Business is not particularly booming. As a result, you and your partners are considering closing down the company and opening up a Samsung franchise in Amsterdam.
i.   What does ‘franchise agreement’ mean?
ii.What are the advantages and disadvantages that you should be aware of before signing a franchise 
agreement with a franchisor?
Question 10 (Learning outcome: 4) Identify differing forms of intellectual property
i. Your company has intellectual property rights over its photo albums, its name and its new keyboard, developed particularly for facilitating internet sales searches, called ‘Price Find’. Explain the forms of intellectual property available for each of these items and the duration of the protection.
Question 11 (Learning outcome: 4) Apply and evaluate the principles relating to the protection of inventions through patent rights and their infringement in a given business scenario
Your company has invented in the Netherlands a revolutionary new mechanism for cooling off computers. You are wondering whether it would be more beneficial for you to apply for a Dutch or a European Patent, according to the system of the European Patent Convention. You are particularly concerned of the possibility that someone in Turkey would copy your invention.
i. Apply and evaluate the principles relating to the protection of inventions through patent rights according to the system of the European Patent Convention. Address the usefulness of filing an application for patent registration with the European Patent Office vis-a-vis a patent application filed with a national patent office.

 
Question 12 (Learning outcome: 4) Apply and evaluate the principles relating to copyright protection and their infringement in a given business scenario
You decide to take a day off and go to the movies with your best friend, Dominic. In the premiere of the film “Hobbit 2” in Pathe FilmTheatre in Amsterdam, Dominic uses a hidden camera and records the entire movie. When he arrives home, he digitalizes the film in a format appropriate for uploading on an internet file-sharing website. Later that night, he successfully uploads the film on the internet. In three days, more than 100,000 users have downloaded the film and even commented on the quality of his copy.
i. Apply and evaluate the principles relating to copyright protection in these circumstances. In particular explain what is protected by copyright, as well as whether, in your view, there is an infringement of copyright in this case.
Question 13 (Learning outcome: 4) Compare and contrast the protection of trademarks and business names
Your company has the following registered trademark: Busin€ss Logic
i.   Explain the way in which company names are protected by trademark registration in the European Union. Identify in particular the applicable legal texts and the main principles established therein as regards trademark protection. Do you consider the existing framework of protection adequate? Why/why not?
ii.As a new entrepreneur, would you be able to register your name (e.g. Eric De Clerk) as a trademark? Under what conditions, if any?


25 August 2015,
 0

Describe the nature of general tortious liability comparing and contrasting to contractual liability Assignment Scenario You (Adrian), Ben and Cecile are the one of […]


25 August 2015

Why marijuana should be legalizedPaper instructions:
three-part thesis statement (“I believe this because of this, that, and the other thing”);

• Support the thesis statement with specific examples (specific people in specific situations);

• Support the thesis statement with a response to the opposition (argument/s against your stance);

• Support the thesis statement with a reference to an authority (an expert on your topic, someone who takes the same stance as you do).

25 August 2015,
 0

Why marijuana should be legalizedPaper instructions:three-part thesis statement (“I believe this because of this, that, and the other thing”); • Support the thesis statement […]


25 August 2015

Critical Thinking, Analytical Expression of Ideas, Ethics and Decision-making

**Critical Thinking, Analytical Expression of Ideas, Ethics and Decision-making**

*****Set in the Summer of 1978*****
UNDERLINE KEY DETAILS AS WE READ AND FOR QUESTIONS
Your older brother, Kelvin, is an up-and-coming wide receiver in the NFL. Everyone predicts great things for him, saying that he is so phenomenal that it is only a matter of time before he becomes one of the biggest stars in the game. But he is still the same Kelvin that he always was: down-to-earth, optimistic, and fun. Three years out of college, his future is assured.
Never selfish, Kelvin takes care of the family, paying for your college tuition and fees, as well as a condo for you and your roommate, who is your best friend, and buying your parents a new home. He has donated money and supplies to his old high school and when the season is over, he is committed to becoming more involved in the after-school Community Center that he has used his money to build in the old neighborhood. You are certain that he is one of those people who truly deserves all the success he has. His future is set, you think, smiling.
            You, and his girlfriend, Joyce, who is his former college sweetheart, are very excited to come to the pre-season game against last year’s Super Bowl Champions. Much of the publicity has focused on their fierce defensive end, Art Masters. He is all over TV promoting his book, I’m the Last Thing You’ll See Before You Die: My Life (and Your Death) in the NFL. “I want my hits to be like felony assault,” he tells reporters. Hype, you think; he probably still sleeps with a teddy bear with his gigantic self. Still, it’ll be fun to see a player you love to hate; and anyway, it’s just a pre-season game, so maybe he won’t be all crazed like he always acts with the press.
            In the 2nd quarter comes THE PLAY THAT CHANGES EVERYTHING. As the overthrown pass heads downfield, Kelvin instinctively leaps for it, and lands on his feet, leaning forward. Simultaneously, a towering, solid mass of muscle comes crashing towards him: At that moment and for the rest of your life, on replays you see Art Masters run at Kelvin, slam his helmet against Kelvin’s, snapping Kelvin’s neck in an awkward position. When Kelvin hits the ground, he never moves. Not his feet, not his hands, not the tiniest twitch. The following days reveal the truth: he is paralyzed from the neck down, with no hope of recovery for the rest of his life.
            Over the days at the hospital, you notice something strange: Art’s Coach has come several times but you have never seen Art there. Joyce says, “All the time Kelvin was laying on the field, Art was just looking at the sky, never at Kelvin, like it didn’t matter.” On TV, you see Art being interviewed: “I don’t owe Kelvin an apology because I didn’t do anything wrong. There was no call on the play.” Over the months, as Kelvin is in intense physical therapy, you see a news story about Art’s newest book—his ‘almost-killing-Kelvin’ book, you think. Art proudly boasts its title: Mamas: I Regret to Inform You That on Monday Night Football, I Am Going to Kill Your Child.
            The Commissioner and his team of lawyers have told Kelvin that Art cannot be charged with anything, since it wasn’t a crime nor will any action be taken against him by the League; Kelvin’s team will pay all his medical expenses for life, as well as keeping him on the payroll as a consultant for $50,000–a long way from the millions Kelvin seemed destined to make. All the lawyers tell him that if he sues Art or anyone associated with the League, he will give more bad publicity to the game and incur such astronomical legal costs that he could even go bankrupt. Despondent, Kelvin asks, “Why did this happen? Why am I alive?”
As he recovers, the league implements stricter rules against the kind of needlessly brutal hit Art made. Still, that changes nothing for Kelvin. And you know that his monetary help for your schooling—or anything else—may be a thing of the past.
Almost a year later, a TV talk show has arranged a ‘reunion’ of the two players who have not seen each other since the tragic game. You leave Kelvin backstage with Joyce, now his wife, and take a front row seat in the audience. None of the three of you had seen Art in the Green Room [the waiting room for TV guests].
As your once strong brother comes onstage in his wheelchair, the audience gives him a ten minute standing ovation. Art strides out to thunderous boos. Kelvin moves his wheelchair towards Art, who looks startled. Your brother, though quadriplegic, has learned from rehab to lift his hand; he tries to extend it towards Art. Art slaps his hand down, declaring to everyone, “I’ll never say I’m sorry because I didn’t do anything wrong!” He begins to storm offstage. You get up and DO WHAT?


Later, you reflect on and answer the following questions (cite key details in story):

1. What are all the things that were lost as a result of Art’s hit on Kelvin and the resulting tragedy?


  1. If you had the chance to talk to Art later, what would you do and say?


  1. What should happen to Art?


  1. What does Art feel about what he did?


  1. Why does he act as if he doesn’t care?


  1. Is there any justice for Kelvin? How can it be gained?


  1. Is his a wasted life?


  1. What should happen and who can make it happen?


  1. How might Kelvin and all who love him find meaning in this tragedy?

25 August 2015,
 0

Critical Thinking, Analytical Expression of Ideas, Ethics and Decision-making **Critical Thinking, Analytical Expression of Ideas, Ethics and Decision-making** *****Set in the Summer of 1978***** […]


25 August 2015

Summarize the Youth Victimization: Prevalence and Implications reportPaper instructions:
Summarize the Youth Victimization: Prevalence and Implications report. In your assignment, discuss the strengths and weaknesses of this study. Do you agree with the findings of this report? Why or why not?

https://www.ncjrs.gov/pdffiles1/nij/194972.pdf

25 August 2015,
 0

Summarize the Youth Victimization: Prevalence and Implications reportPaper instructions:Summarize the Youth Victimization: Prevalence and Implications report. In your assignment, discuss the strengths and weaknesses […]


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