Titanic Case Analysis free essay sample

Titanic Case Analysis Estate of Hans Jensen vs. The White Star Line Facts: The White Star Line was owner of the Titanic, which was the largest and most luxurious ship in the world at the time. On April 10th, 1912, the Titanic left from Southampton, England with 2,227 passengers aboard bound for New York City. On April 14th, the ship struck an iceberg off the coast of Newfoundland and sank about 2 ? hours later. Passengers, mostly women and children, were loaded into lifeboats, however only 705 passengers survived as many lifeboats left partially full. Hans Peder Jensen and his fiance Carla Christine Jensen were passengers from Denmark on the Titanic. Hans Jensen was a carpenter and they had planned to settle in Portland, Oregon after arriving in the US. Hans Jensen did not survive and his body was never recovered. Carla Jensen was on lifeboat 16 and was rescued by Carpathia few hours after Titanic sank. We will write a custom essay sample on Titanic Case Analysis or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Before Hans and Carla left, they have signed a will, which designated Carla as Hans’s sole heir and executor of his estate. Carla Jensen filed a lawsuit on behalf of Hans Jensen Estate against White Star Lines for the death of his fiance. Carla sued White Star Lines because the ship had struck the iceberg even though other ships had sent ice warning messages, which in turn caused death of her fiance. Carla’s dream of settling in the US and start a new life with Hans was shattered. The story of what actually happened to Hans Jensen the night that Titanic sank was mostly true, even though there are some conflicting accounts by the witnesses. According to Carla Jensen’s information provided to her attorney, Hans Jensen was helping loading passengers into lifeboats when she last saw him. Second Office Lightoller, who was in charge of evacuating the passengers, provided his recollection of what happened that night. Lightoller had talked to Hans while he was helping loading the passengers and saw him getting into the collapsible Lifeboat D. However, when more women and children came, Lightoller asked others to make room and Jensen jumped out of the lifeboat. While the lifeboat was lowered into the water, two men jumped into the boat from another deck, but then he did not see Jensen again. Lieutenant Mauritz Bjornstrom Steffansson, another witness and one of the two men that jumped into Lifeboat D, however had a slightly different version of the story. He claimed that Jensen was actually drunk and was interfering with officers performing their duties, but he did keep the crowd away. Steffansson also said that he last saw Jensen when he got out of the lifeboat. Therefore, both witnesses stated that Hans Jensen voluntarily gave up his seat on the lifeboat and that was the last time anyone has seen him. Negligence: Hans Jensen Estate sued White Star Line claiming White Star was grossly negligent in its operation of the Titanic, resulting in death of over 1,500 passengers, including Hans Jensen. Compensation sought by the plaintiff was for emotional, physical, and financial loss suffered by Hans Jensen and Carla Jensen. The compensation claimed was for: 1) Hans Jensen’s death, 2) the physical injuries and suffering he had to endure as he was frozen to death, 3) the anguish Jensen would have felt knowing that he was going to die, and 4) financial loss of wages he would have earned as a skilled carpenter. In order to claim negligence, the plaintiff must prove that the defendant owed a duty of care to the plaintiff, the defendant had breached the duty, the plaintiff had suffered a legally recognizable injury, and the injury was caused by the defendant’s breach. According to tort law, the duty of care is measured by the reasonable person standard, which is normally defined as what a person with ordinary care would do or not do under similar circumstances. Once defendant is determined to have breached the duty of care, the plaintiff must prove he or she had suffered some kind of loss, harm, wrong, or invasion of protected interest. Another important element is whether there is causation between the breach of duty and the plaintiff’s injury. The first element of negligence is duty of care. According to the plaintiff, White Star Line, which owns and operates Titanic, owes a duty of care to all of the passengers on the ship. All of the passengers relied upon White Star Line to take them to New York safely. Therefore, the crew on Titanic owed duty of care to not only provide food and comfort, but more importantly safety to the passengers. Breach of duty occurs when defendant’s action has created risk of harm to others. In this case, the plaintiff believes that the crew of the Titanic behaved in unreasonable manner in many ways. The actions of the crew members resulted in the Titanic struck a large iceberg and eventually sank causing large casualties, so the duty of care was breached. Whether the breach of duty has caused the plaintiff’s injury is the third element of negligence. Requirements for causation are causation in fact and proximate cause. Causation in fact is determined by the â€Å"but for† test, which means if it was not for the defendant’s breach of duty, harm or injury would not have occurred. Proximate cause is when the connection between the action (breach of duty) and the injury is strong enough to impose liability. Another issue that needs to be considered is foreseeability because the defendant’s action must have created a foreseeable risk of injury. In this case, the crew of Titanic was navigating the ship during the night at high rate of speed in water with iceberg, so the risk of the ship hitting an iceberg and causing casualties can be foreseen. In addition, Plaintiff has to show proof of actual damage caused by the defendant’s actions. The damages claimed in this case by the plaintiff are loss of Hans Jensen’s life, pain and suffering from freezing to death, mental anguish Hans suffered knowing he is going to die, and loss of wages as a carpenter. The plaintiff was seeking compensatory damages as well as punitive damages from the plaintiff for gross negligence in operating the Titanic, causing major loss of life. Defenses to Negligence: The three defenses to negligence are assumption of risk, superseding cause, and contributory negligence. Assumption of risk is when the plaintiff has knowingly and voluntarily enters into a risky situation. If an unforeseeable intervening event occurs that break the causal connection between a wrongful act and the injury, then the superseding cause can be used by the defendant to mitigate the liability for the injury. Finally, contributory negligence can be used as defense if the plaintiff’s own negligence had contributed to the injury. The following are the White Star Line’s defense arguments: First, White Star Line claims that Hans Jensen has voluntarily chosen to step out of Lifeboat D, while everyone that was on the lifeboat survived. Jensen did not have to leave the boat when more women came as there were still empty seats when the boat was lowered. So, the defendant argued Mr. Jensen had â€Å"assumed the risk† when he had knowledge of the risk or danger by not staying in the lifeboat. Jensen should have understood the risk and danger, but he exposed himself to that risk as he had given up the seat he occupied. Both Office Lightoller and Lieutenant Bjornstrom-Steffansson are witnesses who have interacted with Jensen and have seen Jensen getting out of the lifeboat voluntarily. In addition, White Star Lines claimed that the actions of passengers on the Titanic created superseding cause. When passengers became unruly and uncontrollable, Hans Jensen tried to control the passengers even though Office Lightoller informed him it was not necessary, as a result the lifeboat left without Jensen. Therefore, the defendant argued that the actions of passengers had caused Jensen’s death and superseded the alleged negligence on White Star Lines. Contributory negligence due to plaintiff’s own action serves as complete defense to liability for negligence. In this case, White Star Lines claimed that Jensen may have disregarded crew’s direction or was not acting in a reasonable manner at all times due to his drinking, which contributed to his death. Jensen had informed Officer Lightoller that he did have couple drinks for his birthday according to Lightoller’s testimony. Under New York law at the time, any negligence attributable to the plaintiff prevents recovering compensation from the defendant, even though the defendant may have been negligent. Conclusion: Based on the facts of this case, my verdict as a juror is in favor of the plaintiff. White Star Lines’ negligence was the cause for the death of Hans Jensen. The crew of Titanic owed duty of care to its passengers for taking them to New York safely, however that duty of care was breached when the ship had struck an iceberg and sank in the Atlantic Ocean. Titanic had received ice warnings from four other ships, but the warnings were ignored and the ship was traveling at high speed at night when the ice would not be clearly visible from a far distance. The risk of the ship hitting the iceberg could be foreseen. Also, the crew did not properly conduct the evacuation operation as many of the lifeboats left partially full. More passengers could have been saved if the lifeboats were loaded to its full capacity. If it was not for the sinking of the Titanic, Hans Jensen would not have died at such a young age of just 21 years old. The connection between the breach in duty of care and the resulting loss of life is strong enough to warrant liability. The plaintiff did suffer legally recognizable injury, both physically and emotionally, as a victim of this tragedy. Carla Jensen, who is the legal heir to her fiance’s estate, also suffered emotional distress as she has lost the person who was going to support her life financially. All four elements of negligence are present in this case, therefore White Star Lines should be deemed as liable for the death of Hans Jensen. The defendant has raised the issue of assumed risk as defense to this case. It is true that Hans Jensen had voluntarily given up the seat on the lifeboat; however he was not the only one who has gotten out of the lifeboat to make room for the women. In emergency situations, risks are not deemed to be assumed. This situation definitely qualifies as an emergency, so the assumption of risk defense cannot be applied in this case. There were empty seats left on the lifeboat, so Jensen could have jumped back into the boat. But Office Lightoller had lowered the boat before it was full, so Jensen may not have had the time or chance to get back into the lifeboat. If the crew of Titanic had properly handled the evacuation process, then the passengers would not have became uncontrollable and required Jensen’s intervention, therefore this does not qualify as superseding cause that contributed to Jensen’s death. Finally, there is no concrete evidence that Jensen was intoxicated and behaved in unreasonable manner; therefore contributory negligence cannot be applied in this situation. Based on the above analysis, White Star Lines, as owner and operator of Titanic, should compensate the Estate of Hans Jensen for the death and suffering Jensen had endured as result of this tragic incident as well as loss in wages Jensen would have earned as a carpenter in the US.

Is Google Bad For Your Essay?

Is Google Bad For Your Essay?Google is a very powerful tool but it can also be a little frustrating when trying to use it properly. Writing an essay with Google tools is all about doing the 'right' things. There are a few things you can do to make it easier to write an essay that includes Google.First, you need to use the right keywords in your Google essay. By using the wrong keywords, you will come across as being unprofessional, inauthentic, and even uneducated. Make sure you are careful about how you spell words and avoid slang. It is okay to use some slang and acronyms if they are appropriate for the topic at hand.Google is not all about spelling and grammar; a good author will incorporate some other techniques to help them to write effectively. Learn how to incorporate some of the basic buzz words into your essay to help to increase your vocabulary and help to create a better sentence structure. You can also use an effective subheading to organize the information.You also need to make sure that you have a proper introduction and conclusion at the end of your Google essay. Use your main keywords to help you create the appropriate opening paragraph. Use an effective opening paragraph to set the scene and lead into your main ideas. You will be much more likely to succeed with an effective beginning paragraph.When you are working on an essay, it can take many different variations and tweaks. Learn how to use the advanced tools in Google to find the exact information you need when writing your essay. Google provides three different types of advanced tools to help you:The third tool is the most important, which is to find the correct information and use it in your sentences and paragraphs. This can help you toimprove your writing and make your essay seem more professional.As you begin to use these advanced Google tools, you will find that it makes it easier to write and to create an interesting and persuasive essay. Don't forget to use it at the end to impress your readers with the correct conclusions. You can make a great impression by saying the right things at the right time.You should not worry about the grammar in your essay; it is perfectly acceptable to use poor grammar or a sloppily written essay. If you put the time and energy into developing your essay, you will enjoy a job well done. Remember, any Google essay sample you look at will teach you the skills necessary to write an outstanding essay.

Free Essays on Huckleberry Finn Vs. Tom Sawyer

In the novel, Huckleberry Finn by Mark Twain, Twain uses a contrast of characters to bring out the Society vs. Freedom aspect of the novel through the two characters of Huckleberry Finn and Tom Sawyer. Tom Sawyer, throughout the novel, uses rules and what is "always done in the books" to control how he and Huck do things. On the other hand, Huck goes for the simple things that help him and come the easiest to him when planning things out. In the beginning of the novel Tom tries to start a band of robbers and brings all of his gang to a secret hide-out to sort out the details and rules that they would abide by. Tom Sawyer is always telling his little gang how they have to follow the books that he has read `cause that is how it is done and it would not be right to do otherwise. For example, When Tom brings up the act of ransoming people, and none of the boys know what that is, they agree that they probably should take it out of the oath. Tom disagrees and says, "Why blame it all, we've got to do it. Don't I tell you it's in the books? Do you want to go to doing things different than what's in the books, and get things all muddled up?" (12). Since all the boys want to follow Tom, they keep in the part about ransoming even though they do not know exactly what it is. This brings out Tom's character as a boy that follows the rules very clearly and tries to be like society. Also, when he tells Huck about the Arabs with all the jewels, elephants, and camels that they are going to go attack and they end up in a Sunday school picnic, Tom tries to tell Huck that they were hidden by Genies because Tom uses his imagination and romanticism. Huck tries really hard to believe him but he just cannot, and ends up just asking a lot of questions. Finally when Tom cannot answer any more he just says to Huck, "Shucks, it ain't no use to talk to you, Huck Finn. You don't seem to know anything, somehow-perfect slap head" (18). ... Free Essays on Huckleberry Finn Vs. Tom Sawyer Free Essays on Huckleberry Finn Vs. Tom Sawyer In the novel, Huckleberry Finn by Mark Twain, Twain uses a contrast of characters to bring out the Society vs. Freedom aspect of the novel through the two characters of Huckleberry Finn and Tom Sawyer. Tom Sawyer, throughout the novel, uses rules and what is "always done in the books" to control how he and Huck do things. On the other hand, Huck goes for the simple things that help him and come the easiest to him when planning things out. In the beginning of the novel Tom tries to start a band of robbers and brings all of his gang to a secret hide-out to sort out the details and rules that they would abide by. Tom Sawyer is always telling his little gang how they have to follow the books that he has read `cause that is how it is done and it would not be right to do otherwise. For example, When Tom brings up the act of ransoming people, and none of the boys know what that is, they agree that they probably should take it out of the oath. Tom disagrees and says, "Why blame it all, we've got to do it. Don't I tell you it's in the books? Do you want to go to doing things different than what's in the books, and get things all muddled up?" (12). Since all the boys want to follow Tom, they keep in the part about ransoming even though they do not know exactly what it is. This brings out Tom's character as a boy that follows the rules very clearly and tries to be like society. Also, when he tells Huck about the Arabs with all the jewels, elephants, and camels that they are going to go attack and they end up in a Sunday school picnic, Tom tries to tell Huck that they were hidden by Genies because Tom uses his imagination and romanticism. Huck tries really hard to believe him but he just cannot, and ends up just asking a lot of questions. Finally when Tom cannot answer any more he just says to Huck, "Shucks, it ain't no use to talk to you, Huck Finn. You don't seem to know anything, somehow-perfect slap head" (18). ...

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Introduction to Statistics Essay Example | Topics and Well Written Essays - 1500 words

Introduction to Statistics - Essay Example a) Proportion of affected patients was with the 95% confidence interval for the proportion of stroke patients who become clinically depressed given by . The confidence interval indicates with a confidence coefficient of 0.95 that the true proportion of stroke patients who become clinically depressed lies within this interval. b) To evaluate the claim of the health magazine, we check whether the confidence interval contains 60% of stroke sufferers. Since 0.60 is within the confidence interval, we conclude that the claim by the health magazine is consistent with the observed data (Mendenhall en Sinchich). c) The assumptions for the confidence interval to be valid include large sample size to ensure the validity of the normal approximation. The sample size of 79 is large enough to guarantee the validity of the normal approximation. d) Sample size to be used to achieve a 99% level of confidence that the sample proportion of stroke patients suffering from depression is within 0.025 of the true proportion is computed from the following formula. b) The main assumption for the validity of the confidence interval computed is that the sample should be drawn from a normal distribution or asymptotically, it should tend to a normal distribution. This assumption is violated since from the boxplot, the distribution of the temperature is right skewed. This is evident from the unequal length of whiskers of the boxplot, with a longer whisker for data to the right of the

Pick one by yourself Essay Example | Topics and Well Written Essays - 1000 words

Pick one by yourself - Essay Example Nevertheless, in order to fully appreciate a work of art one should be able to combine one’s perception with factual information about the artist and the context of work. This paper will provide a background of Pablo Picasso’s work titled Man with a Guitar, personal reflection from the author and a comprehensive analysis of the piece of art. To begin with, it may be particularly important to dwell on some aspects of biography of the artist and the historical events of the time. Pablo Picasso as a person who was extremely active in the first part of the twentieth century: the threshold of the new era. The world in general was look for new point of view on reality and so did talented people. The work of art in question may be referred to as a representative of Cubism which stands for a particular period on artistic development of Picasso, which was preceded by experiments often termed Blue, Rose and African influenced periods (Walther 15). Thus, the new art movement presented the audience with a novel view on reality that is deconstructed up to the fundamental geometric shapes and recreated on canvas with the creative power of an artist (Rathus 289). Having considered the historical background, it may be useful to pay attention to the emotion that the painting in question provoked. Thus, when I first looked at the painting I tried to guess what the artist depicted. I saw many shapes which I recognized as triangles and thought that the title of the work of art will be somehow connected to them. I could not see any other color by brown and black; so, I supposed that the painting was not about nature. I was extremely surprised when I learned that it is called Man with a Guitar. I looked carefully to find any trace of a human figure or a musical instrument. I observed the painting over and over and after several minutes I saw some clues. I could see the stings, the sound hole and even one machine head; however,

Failure in a Success Oriented Society in Death of a Salesman Essays

Failure in a Success Oriented Society in Death of a Salesman    In the play Death of a Salesman by Arthur Miller, the playwright focuses on the theme of failure in a success oriented society. Willy Lowman, a failed salesman, is the central character. Willy’s downfall is caused by his belief in the propaganda of a society that only has room for winners. The significance of this theme, still very relevant today, is heightened by Miller's skilful use of a range of key techniques, including setting, characterization and symbolism. The drama focuses on the life of a middle aged salesman, Willy Lowman, who, at the outset of the play is on the verge of a nervous breakdown. He lives with his adoring but over protective wife, Linda, who acts as a buffer between her husband and their two adult sons, Biff and Happy, whose relationship with their father is permanently under tension. The play plots the tragic collapse of a man who cannot face up to his moral responsibilities in a society whose false values attach a dangerous importance to success as measured in such transient terms as income and material possessions. Living according to these values means that failure is likewise defined in economic terms. The play's setting contributes to our understanding of the significance of this theme. Willy Lowman's home is presented as 'small and fragile-seeming', dwarfed by a wall of apartment blocks whose presence contributes to the trapped, claustrophobic atmosphere. He makes reference to a time before the build up of this area when there were 'two beautiful elm trees', now cut down by the builder and a garden in which scented wisteria and lilacs bloomed in profusion.Willy complains of the airless quality within his apartment, despite... ...ary society. For today's audience, Willy Lowman remains a poignant figure of failure, partly as a result of society's false value system but partly because of Willy's own inability to confront life with integrity.    Works Cited and Consulted Baym, Franklin, Gottesman, Holland, et al., eds.   The Norton Anthology of American Literature.   4th ed.   New York: Norton, 1994. Corrigan, Robert W., ed. Arthur Miller.   Englewood Cliffs, NJ: Prentice-Hall, 1969. Florio, Thomas A., ed. â€Å"Miller’s Tales.† The New Yorker.   70 (1994): 35-36. Hayashi, Tetsumaro.   Arthur Miller Criticism.   Metuchen, NJ: Scarecrow Press, 1969. Martin, Robert A., ed. Arthur Miller.   Englewood Cliffs, NJ: Prentice-Hall, 1982. Miller, Arthur.   The Archbishop’s Ceiling/The American Clock. New York: Grove Press, 1989. ---.   Death of a Salesman.   New York: Viking, 1965.