Reflection About Martin Luther King - 1874 Words

Leadership throughout history has taken on many faces and many forms yet, whether the leader was considered good or evil, the skills and styles required of a leader have not changed. Christian Reflections on the Leadership Challenge by Kouzes and Posner state that â€Å"The work of leaders is change. To them the status quo is unacceptable. Leaders search for opportunities by seeking innovative ways to change, grow, and improve. They seize the initiative to make things happen. And knowing they have no monopoly on good ideas, leaders constantly scan the outside environment for creative ways to do new things.† (Kouzes Posner, 2004) There are five practices of leadership that when practiced and mastered correctly they are effective and valuable†¦show more content†¦Although he had grown up as the son of a pastor, Martin, Jr., questioned religion and felt uncomfortable with the emotional displays of religious worship he had witnessed. As a result, Martin, Jr., had no desire to follow in his father’s footsteps into ministry but influenced by a Bible class taken in his junior year at Morehouse. With his faith renewed, he continued his pursuit of knowledge at Crozer Theological Seminary in Chester, Pennsylvania where he was selected as an outstanding student, elected student body president and ultimately became valedictorian of his graduating class in 1951. Dr. King then went on to complete his graduate studies at Boston University where in 1955 he received a Doctorate of Philosophy in Systematic Theology. While studying in Crozer, Dr. King’s attention was drawn to the works of the Protestant theologian, Reinhold Niebuhr and his book The Nature and Destiny of Man. About which Dr. King commented, Niebuhr helped me to recognize the complexity of mans social involvement and the glowing reality of collective evil (Blakely, 2001). Dr. King found inspiration in many philosophers that included Plato, Aristotle, Rousseau, Hobbes, Bentham, Mill, and Locke. But one of the more influential voices that shaped Dr. King was that of Georg Wilhelm Friedrich Hegel, and his philosophy of truth is the whole (Gertz, 2015). HegelsShow MoreRelatedThe Legacy Of Abraham Lincoln924 Words   |  4 Pagesit paved the way for African-American to fight for freedom. It also changed the focus of war and freedom for slaves became a new focus of war. Moreover, Martin Luther King Jr. was not a United States president, however, he too paved the way for African-Americans. He was a Civil Rights activist, leader, Baptist Minister and Humanitarian. King is historically known for bringing equality for all regardless of race. Americas Library emphasizes, â€Å"He was famous for using nonviolent resistance to overcomeRead MoreAnalysis Of Martin Luther King s Letter From Birmingham Jail1382 Words   |  6 Pagescan be defined as arguing the wrong and the right of human behavior. Martin Luther king through his letter â€Å"letter from Birmingham jail† he revealed his ethical thought by enunciating real facts furthermore he did not only consider his own viewpoints rather he considered viewpoints of many other people in relation to churches hypocrisy and unjust laws versus just laws. Despite the fact that martin Luther king was in jail, Luther uses ethical thought to critique the ministers by articulating his beliefsRead MoreViolent Protest In 1848 : Civil Disobedience896 Words   |  4 Pagespopulation about the need to change certain public policies or certain laws that are considered to be unfair. Nowadays, we can see vivid examples of civil disobedience, being the most famous the case of Venezuela, in which in the last weeks, acts of civil disobedience have been publicly convened in demonstrations as part of a non-violent protest. In the last century, non-violent protests usually are tightly linked to two great figures of universal history. Mahatma Gandhi and Martin Luther King Jr: GandhiRead MoreRhetorical Analysis Of I Have A Dream Speech850 Words   |  4 PagesAt the March on Washington, August 28, 1963 Martin Luther King Jr. delivered the famous â€Å"I Have a Dream† speech. King was encouraged to write the speech because of all the injustices involving minority groups in America. He hopes to be a â€Å"beacon of light†(American Rhetoric:Martin Luther King) to many. Even though the â€Å"I Have a Dream† speech is targeted towards the negroes in the southern states in America that go through the struggle of inequality, it can be used to help all races. The purpose ofRead More The Rhetoric of Pathos in the Writings of Dr. Martin Luther King Jr.1141 Words   |  5 PagesThe Rhetoric of Pathos in the Writings of Dr. Martin Luther King, Jr. I have a dream, says Dr. Samuel Proctor, Martin Luther King, Jr. Professor Emeritus of Rutgers University. All the little children--you hear everywhere you go: I have a dream. All the little children repeating that speech. Its become like the Star Spangled Banner or the Pledge of Allegiance. Its entered our culture. And so it has: I have a dream has become one of the most memorable phrases of the twentieth centuryRead MoreThe Election Of Barack Obama As President Of The United1250 Words   |  5 Pagesdefining moment in American history. After age of failed policies and failed politics from Washington, this is our chance to reclaim the American dream. Barack Obama has turned out to be a new kind of leader–one who can bring people together, be honest about the challenges we face, and move this nation forward. In that location were several unique aspects of the 2008 election. Why? Because the election was the maiden in which an African American was elected President. It was likewise the first time twoRead MoreLetter From Birmingham Jail By Dr. Martin Luther King1510 Words   |  7 PagesBirmingham Jail was a letter written by Dr. Martin Luther King, Jr. from a solitary confinement cell in Birmingham, Alabama. Some portions of the letter were written and gradually smuggled out by King s lawyer on scraps of paper including, by some reports, rough jailhouse toilet paper. Violent racist terror against African Americans was so horrible in Birmingham in the summer of 1963 that the city was being referred to by some locals as â€Å"Bombingham†. King had been arrested while participating in aRead MoreCase Study Template : James Earl Ray771 Words   |  4 PagesRay What: James Earl Ray was a convicted a murderer who assassinated Martin Luther King Jr. He was sentenced to life imprisonment. He then died in prison after serving 29 years. There were some conspiracy theories, some believed that he had someone hired to shoot king. Ray suggested this theory while in prison. Who: Martin Luther King- Assassinated, leader in the civil rights movement. James Earl Ray-Convicted for shooting Luther. Percy Foreman- Rays attorney, made an effort to avoid the sentenceRead MoreTolstoys Influence on Notorious Leaders of the World Essay1245 Words   |  5 Pagesliterary works in his time, but that only scratches the surface of how and what he did to change the world. Leo Tolstoy changed the world by starting schools which allowed peasants to get an education, influencing leaders like Mahatma Gandhi and Martin Luther King Jr., and changed the world through his writings. Leo Tolstoy was a Russian author who was born September 9, 1828 at Yasnaya Polyana, Russia and died of pneumonia in the winter of 1910. Today Tolstoy is buried at his Yasnaya Polyana estate inRead MoreMartin Luther King And Malcolm X1424 Words   |  6 PagesSelected speeches symbolise the struggle that took place during the 1960s in order to transform this situation, in favor of an egalitarian society. They were promulgated by Martin Luther King and Malcolm X, leaders of this movement, that despite having the same aims, its methodology for achieving them was radically different. While King advocated nonviolence and peaceful means, the attitude of Malcolm X was much more radical, making a common trait of aggression. Both leaders used the speech as a way to

Analysis Of The Book The Adventures Of Huckleberry Finn

Lola Parsapour Mr. Ruddy AP Lang 3 September 2015 The Value in the Adventures of Huckleberry Finn The Adventures of Huckleberry Finn, written by Mark Twain, developed into one of the most controversial books in America. The basis of this controversy can be summarized briefly for it was the use of racial slur and issues of slavery that caused tension in our society. The Adventures of Huckleberry Finn was banned for the first time one month after its publication. â€Å"â€Å"Not suitable for trash† was the opinion of the Concord, Massachusetts, librarians who banned it in 1885.† (PEN American Center ). Twain, one of the most commonly spoken name of classic authors in America wrote this novel not to establish controversy, but to communicate a story of friendship between a white boy and a runaway slave who pursuit freedom together on a raft down the Mississippi River. Not one of Twain s books was meant for people to have a feeling of happiness or well-being. The purpose of his writing was to speak the truth. Those who wis h to band this book are the same people who cannot handle the truth. The truth behind this novel is that mankind can act both with enormous humanity and inhumanity. If the Adventures of Huckleberry Finn was to be banned why stop there? How about banning The Canterbury Tale because the promiscuous Wife of Bath Tale does not stain its reader? Or how about banning Kubla Khan because the speaker’s opium trip catalyzes the poem? Or even let’s not teach the Holocaust inShow MoreRelatedAnalysis Of The Book Adventures Of Huckleberry Finn 1332 Words   |  6 PagesMicaela Soriano AP Lit Period 2 Mr. Etheridge Adventures of Huckleberry Finn Cheat Sheet Title: Adventures of Huckleberry Finn Author: Mark Twain Publication: December 10, 1884 Setting and Time period: The setting throughout the story mainly takes place along areas by the Mississippi River, and as stated in the book, â€Å"Forty to Fifty Years ago†. Characters: Huckleberry Finn - The protagonist and narrator of the novel. Huck is the thirteen-year-old son of the local drunk of St. Petersburg, MissouriRead MoreAnalysis Of The Book The Adventures Of Huckleberry Finn 1310 Words   |  6 PagesThe Adventures of Huckleberry Finn has been a topic of debate for a long time. The most heated topic of debate is if the novel is racist and if it should then be included in school curriculum whether. Many believe this book should be taken out of school curriculum for being racist. Huckleberry FInn should be taught in schools because of its satire, views on slavery and morals, and depiction of antebellum America. Huck Finn still remains a classic Twain s use of satire is one of the many thingsRead MoreAnalysis Of The Book Adventures Of Huckleberry Finn 923 Words   |  4 Pagesrambling of thought, a major piece of literary confusion plaguing my mind something most fierce that I cannot even lay my head down to rest peacefully lest this situation be resolved. As of this moment, the majority of my latest novel Adventures of Huckleberry Finn is nearing its completion, settling at the end of its forty-second chapter, only one more concluding verbose passage revolving around in the air within my mind. While most would be elated and at peace for achieving something so grand-Read MoreAnalysis Of The Book The Adventures Of Huckleberry Finn By Mark Twain1303 Words   |  6 Pagesare slaves. In the book, The Adventures of Huckleberry Finn by Mark Twain, Huck and Jim travel down the Mississippi river, and encounter a lot of the aspects of the antebellum south. Because of the society Huck has grown up in, he often overlooks his tra veling companion, Jim. Throughout the story, Twain creates a division, that widens as the story evolves, between how Huck views Jim and how the reader views Jim as a person. This theme happens in almost every part of the book and it is very clearRead MoreAnalysis Of The Book The Adventures Of Huckleberry Finn By Mark Twain Essay1492 Words   |  6 Pagesnotes. Don’t forget to cite! (1-3 sentences) – William Shakespeare once said, â€Å"God has given you one face, and you make yourself another†. TAG (Title, author, genre): The Adventures of Huckleberry Finn, Mark Twain, satire full of adventure Context/Background: The story follows a teenager boy as he sets off on an adventure with Jim, a runaway slave. Together, they overcome a variety of obstacles and experience what it’s like to go off in the real world. Thesis: Throughout the novel, Mark TwainRead MoreAnalysis Of The Book Adventures Of Huckleberry Finn By Mark Twain Essay2138 Words   |  9 PagesName- Marlene Hight Date-10/7/16 Period-4 MAJOR WORKS DATA SHEET Advanced Placement English Language and Composition Title: Adventures of Huckleberry Finn Author: Mark Twain Date of Publication: 1999 Genre: Satire Explain what makes this work an example of this genre. Explain what makes this work an example of this genre. Satire means to use irony, humor or exaggeration to show the context of society.I think that Twain uses Satire to compare the irony of life back then as it isRead MoreAnalysis Of The Book Adventures Of Huckleberry Finn By Mark Twain1917 Words   |  8 PagesStereotype in Adventures of Huckleberry Finn Civilization evolves over time, trading old ideas for new ones. Society grows in intellect and innovation. Though, despite the heights that humanity has soared, impurity still remains. Regardless of the best efforts, millennia of oppression have ingrained the tendency to hate into the psyche of man, despite centuries of reform. Racism continues to propagate every corner of the globe. Yet, in his modern American novel, Adventures of Huckleberry Finn, Mark TwainRead MoreAnalysis Of The Adventures Of Huckleberry Finn 1679 Words   |  7 Pages1. Analysis of an Important Character Adventures of Huckleberry Finn is a story about growing up, facing the world, and fighting for what’s right. Huckleberry Finn matures greatly throughout the book, and Tom Sawyer plays an important role in showing this change. His character allows the reader to see Huck’s increase in maturity throughout the story. Tom is the constant, his immaturity not changing from the beginning to the end of Adventures of Huckleberry Finn, while Huck is the changing variableRead MoreHuckleberry Finn and the use of Satire Essay1109 Words   |  5 Pages Huck Finn and the use of Satire Mark Twains The Adventures of Huckleberry Finn has been controversial ever since its release in 1884. It has been called everything from the root of modern American literature to a piece of racist trash. Many scholars have argued about Huck Finn being prejudiced. In The Adventures of Huckleberry Finn, Mark Twain uses satire to mock many different aspects of the modern world. Despite the fact that many critics have accused Mark Twain’s novel of promoting racismRead Morehuck finn introduction7490 Words   |  30 Pages Huckleberry Finn’s Road to Maturation Huck states to Judge Thatcher Please take it, and dont ask me nothing—then I wont have to tell no lies† (16). That quote is said by Huck to Judge Thatcher when Huck finds his pap is in town and pap will try to take his money. The Maturation of Huckleberry Finn is important because its about Huck making the right decisions to help him and Jim to freedom. The Adventures of Huckleberry Finn, by Mark Twain, begins with Huck introducing himself. He is wild and

Creative Movement, Harlem Renaissance, Helped Black People...

During the early 1900s, African Americans in the South faced several difficult struggles. To escape these hardships, many decided to travel to the North in search of a better life. The time period when millions of black Americans abandoned their old southern lives and migrated to cities in the Northeast, Midwest, and West is known as the Great Migration. (Wilkerson). Once settled in these cities, African Americans were pleased find that they were able to express themselves through art, literature, and music. This creative movement was known as the Harlem Renaissance. The Great Migration influenced the Harlem Renaissance because it led African Americans to northern cities where they gathered together and made amazing creative achievements.†¦show more content†¦The struggling economy led to the Great Migration because it gave many African Americans another reason to travel to the North. Not only did the South have economic problems, but there was also discrimination towards th eir black citizens. They put voting restrictions into place to keep African Americans away from the polls. Some of these restrictions include literacy tests, poll taxes, and grandfather clauses. Many blacks could not afford to pay the poll taxes, which kept them from casting their vote. Others were uneducated and illiterate, so they would not be able to pass to literacy tests. On the rare occasion that an African American was able to overcome these restrictions and actually cast their vote, they were exposed to a whole new threat known as the KKK. The KKK (Klu Klux Klan) was a hate group that used scare tactics and violence to keep southern blacks from exercising their right to vote. If the KKK received word that an African American had voted in the South, they would most likely go to his house in the night and either scare, hurt, or kill him. A popular tactic used by the KKK was lynching, which is a public hanging of someone without a legal trial. These voting restrictions and hate groups served as a push factor for African Americans to come to the North, since they realized that they were not seen as equals in the South. Black Americans had their sights set on northern cities likeShow MoreRelatedThe Harlem Renaissance Movement By Zora Neale Hurston, Langston Hughes, And Ralph Waldo Ellison931 Words   |  4 PagesKnown as one the most impactful movements on African American arts, the Harlem Renaissance Movement represented a period of artistic and intellectual change that initiated a new identity on black culture. Often called the â€Å"New Negro† Era, the Harlem Renaissance opened doors for African American to express themselves in the form of visual arts, musical elements, and even performing arts during the 1920s. Due to this movement, Harlem became the city that â€Å"gave African Americans a physical culturalRead MoreThe Harlem Renaissance850 Words   |  4 Pages Giselle Villanueva History IB Mr. Flores February 7, 2016 Period 4 Word Count: 693 Harlem Renaissance The Harlem Renaissance was the first period in the history of the United States in which a group of black poets, authors, and essayist seized the opportunity to express themselves. The Great Migration was the movement of six million African Americans from the rural South to the cities of the North during 1916 to 1970. Driven from their homes by unsatisfactory economic opportunities and harsh segregationistRead MoreThe Critical Impacts Of The Harlem Renaissance1066 Words   |  5 PagesAberjhani once stated The best of humanity’s recorded history is a creative balance between horrors endured and victories achieved, and so it was during the Harlem Renaissance. Although the Harlem Renaissance underlines the trouble of ethnic issue knowledgeable by African Americans all through the twentieth century. There were numerous critical impacts, for instance, artistic the growth. The Harlem Renaissance was an energetic affiliation amongst the 1920s where African Americans started compos edRead MoreIs Art A Universal Language?2130 Words   |  9 PagesArt is a universal language. It allows people to express themselves through splashes of color, meaningful narratives, and soulful lyrics. Each piece of artwork gives an outlook into the past. Through the ages, artists have relayed their history through drawings, paintings, architecture and sculptures. There have been a significant number of creative movements throughout the years, but there is only one that truly expressed the hardships faced in the United States. Having been researched and debatedRead MoreImpact Of Langston Hughess Contribution To Harlem Renaissance1697 Words   |  7 PagesLangston Hughes contribution to Harlem Renaissance Harlem was founded back in the 17th century as a Dutch outpost. Harlem adjoins New York City and host a large population of the African American Community. The blacks found New York City to be more accommodative to their culture and ideologies, during the great migration of the early 1900s, Harlem became the major destination and it became home to many African Americans. [1] Harlem received over time, Harlem developed from a farming village to becomeRead MoreA New Beginning For African Americans Essay1291 Words   |  6 Pagesliterary, intellectual, and artistic movement occurred that kindled the African Americans a new cultural identity. This movement became known as the Harlem Renaissance, which is also known as the â€Å"New Negro Movement†. With this movement, African Americans sought out to challenge the â€Å"Negro† stereotype that they had received from others while developing innovation and great cultural activity. The Harlem Renaissance became an artistic expl osion in the creative arts. Thus, many African Americans turnedRead MoreThe Counter Culture of the 1920s Essay1493 Words   |  6 PagesCounter culture is a culture that primarily consists of younger people, with values and lifestyles opposing those of the original established culture. (Dictionary.com) A need for change. The 1920’s are also known as the â€Å"Jazz Age,† which was coined by F. Scott Fitzgerald, and the â€Å"Roaring Twenties.† It was a decade of change. (Hakim, 41) The counterculture of the 1920’s resulted from the Age of Jazz, Flappers, and the Harlem Renaissance. Out of the streets of New Orleans, a new form of music aroseRead MoreHarlem Renaissance the Hip Hop Movement2779 Words   |  12 PagesHarlem Renaissance and the Hip-hop Movement AN OVERVIEW The Harlem Renaissance and the Hip-Hop Movement are a culmination of co-related cultural art forms that have emerged out of the black experience. White people understood black people more through their expression of art during both movements. Both movements brought about a broad cross-racial following and, ironically, in both instances brought about a better understanding of the black experience for white America. The bridge betweenRead MoreThe Legacy Of African Americans2320 Words   |  10 PagesAfrican Americans have endured many trials and tribulations over the centuries. Our people have suffered from war, violence, and anguish simply because of the color of our skin. Our history has been so blatantly missing from textbooks and the K-12th grade educational atmosphere. Our educational system continues to neglect the history of our African American ancestors and fail to provide them with the educational resources to inform them of our past and allow them to learn about the true origins ofRead MoreBrief Summary of the Harlem Renaissance.1863 Words   |  8 PagesHarlem Renaissance Variously known as the New Negro movement, the New Negro Renaissance, and the Negro Renaissance, the movement emerged toward the end of World War I in 1918, blossomed in the mid- to late 1920s, and then faded in the mid-1930s. The Harlem Renaissance marked the first time that mainstream publishers and critics took African American literature seriously and that African American literature and arts attracted significant attention from the nation at large. Although it was primarily

Interference Party To Conducting Business †Myassignmenthelp.Com

Question: Discuss About The Interference Party To Conducting Business? Answer: Introducation In business situation the two types of torts that are primarily applicable are that of negligence and misrepresentation. The tort of Negligence an action can be brought against the wrongdoer in the situation where there was a duty of care that was owed to the plaintiff and where due to breach of such duty harm was suffered by the plaintiff. The tort of negligence to be established requires that there should be a duty of care, this duty of care should have been breach, there should be damage or loss suffered by the plaintiff and the cause of such damage or loss in the breach (Henderson James, 2017). The first being that of duty to care there is management to have existed in a given scenario a duty to care. If there is proximity between the parties it would be considered that there existed a duty to care. In order for establishing that there existed a duty of care which has been breached it is at the standard of care that the court will look into first which would be expected to maint ain in a given circumstance. The test of reasonable foreseeability meaning thereby if the breach was reasonably foreseen by a person in the same place and what a reasonable person would have done or not done in the given situation. If the defendant has acted in a manner that is unreasonable it would be considered to have breached his duties. The negligence is required to be a condition of the harm that has been caused under the rule of causation, and the harm is required to fall within the liability and scope of the defendant. The but for test deals with issues relating to remoteness and causation and is essential when determining whether there would not have been loss that was sustained but for the negligence of the defendant. The but for was established in the case of Cork v. Kirby (Cork v. Kirby, [1952]) wherein the court had opined that the employees life would have been saved but for the employers negligence and hence there was breach of duty for which the employers would be held liable (Gilo and Guttel, 20 17). The tort of Misrepresentation is when there is a false statement that is made by when party to induce the other party to enter into a contract however, such a statement is actually not contained in the contract (Paterson, Robertson and Duke, 2009). For it to be established that there was misrepresentation the requirements which are to be satisfied are that first in the statement of opinion there should be a statement of fact that is involved (Smith v Land House Property Corp, [1884]). second being that where there a statement that has been made with respect to future it may involve a statement of fact (Eddington v Fitzmaurice, [1885]), third that it may also be a statement of law (Public Trustee v Taylor, [1978]). Fourth being that it is not silence but an actual positive statement that has been made, however where there is a duty of disclosure upon the defendant there is an exception (Davies v London Provincial Marine Insurance Co, [1878]). The fifth being that reliance is require d to be placed by the plaintiff on such a representation for accounting of misrepresentation to be successful. With respect to negligence for claiming damages it is required for there to exist between the parties duty of care. There would exist between the parties a duty of care if there is proximity between the parties (Sappideen, Vines and Watson, 2009). Whether there is duty of care which exists is a matter of law. In the landmark case of Donoghue, the test for duty of care was established and was termed as the neighbor test as a duty of care is owed to the neighbor (Donoghue v Stevenson, [1932]). In law neighbor is Someone who is so closely affected by my acts that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question. (Lord Atkin). In the case of Caparo Industries case, the Caparo test states that in addition to the damage being foreseeable, the ingredients which are necessary in a given situation to give rise to their being a duty of care are that there should between the party exist a relationship which under law is characterized as proximity and the situation should be such that the court considers it to be just, fair and reasonable that a duty should be imposed by law (Caparo Industries plc v Dickman, [1990]). The tort of negligent misstatement is one where there is an inaccurate statement made honestly but carelessly usually in the form of advice given by a party with special skill/knowledge to a party that doesnt possess this skill or knowledge" (Willesee Bill, Law management 252, Curtin Handbook 2010). Tepko Pty Ltd. v. Water Board as stated by Gleeson CJ, Gummow and Hayne JJ:34 (Tepko Pty Ltd. v. Water Board, [2001]): [I]t cannot be concluded, in my view, that the Water Board either knew or should have known that the appellants intended to act upon that cost estimate for any purpose, let alone a serious purpose. it is evident thus, in the given case that for their to exist a duty of care it is important that there should exist immediate relationship between the parties. The owners of the business premises owe towards the customers as well as the general public who are in the premise a duty of care. It was opined in the case of Strong v Woolworths (Strong v Woolworths, [2012]) that at the Big W entrance there was a claimant who slipped on a chip which was at the entrance. It was stated by the court that there was a duty of care that was owed by the occupier which was required to be compiled by it. It is essential for removing and inspecting any hazards that might be there leading to slipping within a period of every twenty minutes. In the case of Fitzsimmons v Coles Supermarkets Australia Pty Ltd the court required the business to comply with the duty of care. It was opined by the court in this case that there was a liability on Coles towards the woman who slipped and injured herself on the wet floor, despite the fact that there were three signs in the area that stated that the floor was wet (Fitzsimmons v Coles Supermarkets Australia Pty Ltd, [2013]). The employees of Cole had not mopped the spillage sufficiently. Though there were warning signs that were placed around the spill and an employee was asked to bring proper apparatus for cleaning, there was no staff available to monitor the area. There however, was no strict measures taken for ensuring that there was no harm caused. The above mentioned cases are important examples where business has been held responsible for tortious acts. While providing directions or giving advice to the customer it needs to be ensured that such representation made may form a part of the contract especially if the representor knowledge is greater than the knowledge of the representee. As opined in the case of Dick Bentley Productions v Harold Smith Motors wherein the statement that was made in respect to the cars condition by the defendant who was a car trader with specialized expertise. It turned out that this statement was not true, the issue raised was whether this statement was a representation or part of the contract. Due to the specialized knowledge of the trader and Mr. Smith had placed reliance on this expertise it was opined that it was actually a part of the contract (Dick Bentley Productions v Harold Smith Motors, [1965]). Further in the case of Telstra Corporation Ltd v Singtel Optus Pty Ltd, (No 2), it was stated by Elliott J (Telstra Corporation Ltd v Singtel Optus Pty Ltd, (No 2), [2014]), In this case there has been a real controversy. The claims made by Telstra have been strenuously opposed. In my view, it is appropriate that declarations be made in circumstances where the court has found that Optus has deliberately engaged in conduct that significantly contravened the Australian Consumer Law for a material period of time. The declarations will clearly identify the contravening conduct, will publicise the type of advertising that constitutes a contravention and provide a warning to business not to engage in misleading or deceptive conduct, or make false or misleading representations. In particular, the declaratory relief will aid in consumers being protected from making ill-informed decisions concerning long-term contracts for mobile phone plans. If an action is brought for negligence by a party that is aggrieved then only compensation can be made under law for the damages that have taken place. For misrepresentation on the other hand there are two remedies that are available the party can either at the time when the party becomes aware of the misrepresentation choose to rescind the contract or the party can sue the other party for the damages that have been caused due to the misrepresentation (Witting, 2009). A recent and controversial illustration where a business was made liable for negligent misrepresentation was the James Hardie case (ASIC v Macdonald (No 11), [2009]). There were two subsidiaries that were involved in making asbestos products although in 1987 the production stopped there were various asbestos related injury which developed. The estimated liability of the company increased due to this. In response to this James Hardie Group was restructured so as to minimize the asbestos related harm on the assets. Also a Medical Research and Compensation Fund was set up and statement was made stating that the funds were sufficient to care of the damage caused. There was also an agreement entered into that the parent company James Hardie Industries Ltd would not be held liable for the suits related to damage caused by asbestos. The government intervened in this case to make it possible for claimants under tort to receive the compensation which was due to them. When it comes to negligence and misrepresentation that are various statutory regulations that need to be complied with as well. The Sale of Goods Act, The Australian Consumer Law and The Corporations Act ensure that there is no negligent or misleading conduct. The Australian Competition and Consumer Commission is a statutory body which can bring an action in case of breach by the businesses of the statutory provisions. For example in the case of ACCC v Singtel Optus Pty Ltd where an advertisement that was misleading with respect to internet broadband plan a penalty of $5.26 million was ordered (ACCC v Singtel Optus Pty Ltd (No 4), [2011]). There certain defences which are available when it comes to negligence, the first being that of voluntary assumption of risk whereby a person knowing the risk for action placed himself in such a situation, no damages for injury can be incurred in such a situation. Reeves v Commissioner of Police "The choice made must be free and unconstrained - ie voluntary, deliberate and informed"; the second being that of contributory negligence wherein there was a contribution by the plaintiff himself for the damage being caused (Froom v Butcher, [1990]); and finally that of dangerous recreational activities wherein the person undertakes a recreational activity with obvious dangers attached there cannot be any compensation sought for the injury caused (Fallas v Mourlas, [2006]). The defence for misrepresentation is that if the person making the statement can prove that on reasonable he believed that statement was true or it was someone else who had made the statement and there was no reason for him to believe that it was not true. Though, misrepresentation and negligence are the primary tortious activities that a business maybe liable of. There are other torts as well for which liability may arise such as trespass by interfering wrongfully into someone elses property in a commercial setup this would occur when there is interference by a party to conducting of a business or fulfilling of a contract or nuisance as opined in the case of Cambridge Water Co Ltd v Eastern Counties Leather plc that for tort of nuisance to exist there is required to be reasonable foreseeability similar to establishing of tort of negligence (Cambridge Water Co Ltd v Eastern Counties Leather plc, [1994]). References ACCC v Singtel Optus Pty Ltd (No 4) [2011]FCA 761. ASIC v Macdonald (No 11) [2009]NSWSC 287. Bonnington Castings v Wardlaw [1956]AC 613. Cambridge Water Co Ltd v Eastern Counties Leather plc [1994]1 business-law. Caparo Industries plc v Dickman [1990]UKHL 2. Cork v. Kirby, [1952]2 All ER 402. Davies v London Provincial Marine Insurance Co [1878]8 Ch D 469. Dick Bentley Productions v Harold Smith Motors [1965]EWCA Civ 2. Donoghue v Stevenson [1932]UKHL 100. Eddington v Fitzmaurice [1885]29 Ch D 459. Fallas v Mourlas [2006]NSWCA 32. Fitzsimmons v Coles Super markets Australia Pty Ltd, [2013]NSWCA 273. Froom v Butcher [1990]1 QB 286. Gilo, D. and Guttel,, E. (2017). Negligence and Insufficient Activity: The Missing Paradigm in Torts. Michigan Law Review, 108(3). Henderson, J. and James, A. (2017). Learned Hand's Paradox: An Essay on Custom in Negligence Law. California Law Review, 105(1), p.168. Paterson, J., Robertson, A. and Duke, A. (2009). Contract: Cases and Materials. 11th ed. Lawbook Co,. Public Trustee v Taylor [1978]VR 289. Sappideen, C., Vines, P. and Watson, P. (2009). Torts: Commentary and Materials. 10th ed. Lawbook Co. Smith v Land House Property Corp [1884]28 Ch D 7. Strong v Woolworths [2012]HCA 5. Telstra Corporation Ltd v Singtel Optus Pty Ltd, (No 2) [2014]VSC 35. Tepko Pty Ltd. v. Water Board [2001]HCA 19. Witting, C. (2009). Liability for Corporate Wrongs. 6 Company and Securities Law Journa.