Effects Of Illegal Immigration On Health Care Cost

Effect of illegal immigration on health care cost There are several arguments spotlighting the effect of illegal immigration on current rising health care cost. To this point, illegal immigrants and elected representatives across the country are unable to deny the increased costs placed upon the backs of American taxpayers due to the rise in health care and health care insurance cost. A bill initiated in Indiana will demand local hospitals create a report regarding the costs associated with treating illegal immigrants. Additionally, on a countrywide level, there is an ongoing endeavor to push illegal immigrant children toward federally funded Children’s Health Insurance by the governing body which in turn will effectively raise the current tax rates for all Americans. As an alternative, some policymakers are trying to use creative language in order to guarantee that illegal immigrants were blocked from obtaining health care services (Maxwell Adolfo 324). For undocumented immigrants within the United States, acquiring he alth related services or care systematically increases the cost for American taxpayers across the board. Health care providers, Health care insurance companies and both the state and federally supplemented health care funds ( i.e. Medicaid) are forced to close the gap on the negative revenue return by increasing cost of services due to the excessive use and write off of public health care funds and services by illegal immigrants. It may be aShow MoreRelatedEssay on Law Breakers: The Cost of Illegal Immigrants1461 Words   |  6 Pagescountry we see today. But in this vast amount of time between the immigrants of 21st century and those of the past what has changed the effects people see immigrants as having. The Native Americans in the 1800s saw people immigrating to their lands as unnecessary pest and not people who would one day help the country grow and thrive. Just as today many Americans view illegal immigrants, people who come into a country illegally without proper documentation, as burdens on the country not realizing for everyRead MoreIllegal Immigrants Should Receive Health Care Essay1313 Words   |  6 Pages  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚     Ã‚  Ã‚  Ã‚  Ã‚  America needs comprehensive health care reform, and immigrants should be a part of the movement.  Ã‚  But many American citizens might ask that pertinent question: why should they cover the expense for illegal immigrants to access health care?  Ã‚  The answer is plain and simple: until congress passes immigration laws that work, people are going to migrant here illegally.  Ã‚  And to deny migrants access to affordable health care, Americans are not only denying them their human right, they areRead MoreEffects of Immigration on the Economy Essay1387 Words   |  6 Pages| Illegal Immigrants Are They A Stress On Our Economy. | | | Joanna Przyborski | 10/27/2012 | | Illegal immigration is an issue that has been highly debated in the United States for decades, and the effects of these immigrants will be for many to come, especially with the country in a recession and many people in economic trouble. December 1, 2008 the National Bureau of Economic Research officially declared the U.S. in a recession. Before 2007, U.S. economy has grown inRead MoreIllegal Immigration1709 Words   |  7 PagesIllegal Immigration: The Undocumented Issue In this paper I will discuss one of the biggest issues in the United States: Illegal immigrants. Some may say that illegal immigration has a positive impact on the United States’ economy, and some think that these undocumented immigrants affect jobs and wages of people that are living in this country. I think that illegal immigrants harm the United States’ economy through their use of our country’s social services such as health care, education andRead More Illegal Immigration Essays1289 Words   |  6 PagesIllegal Immigration and Health Care With the economy of the United States in shambles, illegal immigration and the effects it has on health care can no longer be ignored. America has a whole needs to be concerned and well informed of the issues rather than collecting information piecemeal by way of media or other biased groups. If illegal immigration stays its present course the American tax-payer will continue to fund the well being of individuals who have broken federal rules and regulationsRead MoreEffects Of Illegal Immigration1658 Words   |  7 PagesIllegal immigration and the effect on the United States of America Illegal immigration In the United States no one wants to spend more than they have to, especially when it does not benefit them directly. So why are we? In 2011 the Federation for American Immigration Reform released a document explaining the fiscal burden of taon the taxpayers â€Å"The annual costs of illegal immigration at the federal, state, and local level is $113 billion; $29 billion at the federal level and $84 billion at theRead MoreThe United States Immigration Policy1199 Words   |  5 Pages In the United States immigration has almost always been a controversial topic to discuss. James Madison wrote that Our kind reception of immigrants is very proper, but it is dictated more by benevolent [sic] than by interested consideration, though some of them seem to be very far from regarding the obligations as lying on their side(Madison, James) When Madison wrote this he had no clue of the problems that immigration could cause in the modern day United States in the last five to six decadesRead MoreIllegal Immigration: Pros and Cons1128 Words   |  5 PagesIllegal immigration is a major problem which most of the developed countries face in the current economy, and it has been major political problem for the political parties in America (republicans and democrats) and over years each party has a different agenda to discuss the problem. Illegal immigration can be defined as a movement of people from a source country to the destination country without any legal documents and viola tes destination countries immigration laws. People have moved across landsRead MoreThe Effects of Illegal Immigration1182 Words   |  5 PagesThe Effects of Illegal Immigration The Effects of Illegal Immigration For centuries people have come across the United States borders from foreign countries hoping for a better life, a life that is free from unruly dictators and poverty for them and their families. They wanted to live in the land of opportunity so that they can make something of themselves; this is why we have some of the major problems with illegal immigration. Arizona, California, and Texas border the United States to Mexico;Read MoreThe Economic Impact Of Illegal Immigration902 Words   |  4 PagesThe economic impact of illegal immigrants in Texas has brought concerns for the state s economy. Such as opportunities, health care, and education. Illegal immigrants contribute both positively and negatively to the Texas economy. They contribute positively by paying for taxes such as sales taxes, health taxes and taxes imposed on items. The negative impacts these immigrants have on the Texas economy seems to overweigh these positive impacts. Their presence has made general wages go dow n for unqualified

The Cold War During World War II - 970 Words

The Cold War was a period of 44 years of both military and political tension after World War II. There were many ideals and events that lead to the Cold War. Nationalism, poor economic conditions, and a strong desire for democracy and human rights are the primary reasons that many believe the Cold War started. However, these are just a few of the reasons for the Cold War. Events such as the Yalta Conference, Truman Doctrine, Potsdam Conference, and the Marshall Plan also greatly influenced the start of this long-lasting war. Nationalism is a strong belief that the interests of a particular nation-state are of primary importance. It is also the belief that people who share a common language, history, and culture should constitute an independent nation, free of foreign domination. The United States was in fear of Communism from the Soviet Union after many threats from ruler Joseph Stalin. The poor economic conditions of the world were due to the end of WWII. The United States in partic ular needed a new way of managing money to present future recessions and depressions. The United States had a strong desire to have free elections and be free from communist ideals, this was one of the leading factors for the start of the Cold War. After WWII, there were several events and conferences that caused uproar across the nation. The Yalta Conference in 1945 was aimed at sorting out Germany after WWII. The conference members included Britain, the United States, and USSR. It dividedShow MoreRelatedThe Cold War During World War II930 Words   |  4 PagesThe Cold War was political hostility between the United States of America and the Soviet Union through threats, propaganda and series of warfare incidents that made these superpowers of the time suspicious of one another. With the sources of the reader I will explain who’s to be at fault for the Cold war, the United States or the Soviet Union. The term â€Å"Cold War† according to Heonik Kwon in his document or igins of the Cold War â€Å"†¦ refers to the prevailing condition of the world in the second halfRead MoreThe Cold War During World War II Essay1185 Words   |  5 PagesThe Cold War was not a military conflict, but was an ongoing political conflict involving both military and economic competition between two superpowers advancing rapidly wanting to be number one. The evolvement of the Cold War began during and after World War I, although the official beginning of the Cold War was in 1945, at the Yalta Conference after World War II. There were many causes of the Cold War, but can be summed up as a battle between capitalism and communism. Also, along with PresidentRead MoreThe Cold War During World War II Essay1298 Words   |  6 PagesThe Cold War was the name given to the non-aggressive conflict between The United States and Russia that began after World War II. However, there is disagreement over the exact dates of the Cold War. Nevertheless, it took place somewhere betwee n the end of World War II and the early 1989 (Wendt n.d). The Cold War brought about a number of crises in the decades that it lasted. These crises include: Vietnam, the Berlin Wall, and the Cuban Missile Crisis. The Cold War itself was the result of the UnitedRead MoreThe Cold War During World War II854 Words   |  4 PagesThe Cold War was a major event in the U.S. and Soviet Union’s history. The main reason that these two countries entered into the Cold War after World War II was power. The USSR and United States had two very different perspectives on power coming out of World War II. This disagreement ultimately caused the Cold War. Russia’s perspective after World War II was influenced by Joseph Stalin. Stalin, the leader of the USSR at the time, was a merciless dictator. His main concern was maintaining power andRead MoreThe Cold War During World War II1397 Words   |  6 PagesWar is the result of hate and brutality that can affect people in a negative way. The Cold War relates to the war in the Butter Battle book as it demonstrates hate, which should not be taught to kids in children s books. Conflict and competition can lead to war. The Cold War was a 45 year long rivalry between the Western powers, led by the United States and the Soviet Union. The United States formed a military base to protect them from other threats such as the Soviets. The expansion of the SovietRead MoreThe Cold War During World War II1324 Words   |  6 PagesWhen World War II ended, the last thing the countries imagined was another worldwide conflict. But that’s exactly was soon ensued when the Cold War erupted between the Eastern powers and the Western powers. The Eastern powers consisted of the Soviet Union and the Western powers consisted of America, Britain and France. During World War II, these allies had a common ground to work together in effort to fight against Hitler and the Nazi Party. The Cold War wasn’t an actual war where battles were fought;Read MoreThe Cold War During World War II Essay1632 Words   |  7 PagesThe Cold War was a clash of culture, ideologies, and a standoff between the world s two greatest nuclear powers. The argument of the American side was based around Capitalism and a hunger for ever growing business while the Soviet Union’s was structured around Communism and it’s powerful theocracy that stated it must be spread to every country on the planet. As a result, there has been much debate about whether the U.S. initiated the Cold War through their usage of the atomic bomb in World War IIRead MoreThe Cold War During World War II1760 Words   |  8 PagesEssay One During World War II the United States and the Soviet Union were allies, but by 1950, their relationship had disintegrated and the two nations were engaged in a â€Å"Cold War.† The â€Å"Cold War† occurred due to efforts by both nations after the war to maintain influence in regions like Eastern Europe for the Soviets and Turkey and Greece for the United States, but the â€Å"Cold War† wasn’t limited to these disputes. The â€Å"Cold War† was influenced by many factors on the United States side including theRead MoreThe Cold War During World War II2261 Words   |  10 PagesThe Cold War was a period of rivalry short of armed confrontation. Tensions oscillated between former allies of the World War II, Russia and America, leading to the infamous cold war. It is rather difficult to determine the starting point of the Cold War because the East-West relationship had been deteriorating since a long time due to their conflicting ideologies and aspiration s. However, the circumstances required for them to form an alliance in World War II, but this friendship was short livedRead MoreThe Cold War During World War II Essay2497 Words   |  10 PagesThe Cold War was one of the most fear-inducing situations in American history. Post World War II, the superpowers of the world, namely the United States and the U.S.S.R, struggled to settle issues that arose from initiatives and responses after the war. These created the climate of tension and distrust between the two nations (Sibley 1). The United States held tightly to its liberal-capitalist beliefs while the Soviets â€Å"†¦professed fervent belief,† in their Marxist-Leninist ideology (Sibley 1). Many

Palm reading Free Essays

Personalities through their palms. Specific purpose: By the end of my speech my audience will learn how personality palm reading is dependent on nerves and another 3 major life lines . L. We will write a custom essay sample on Palm reading or any similar topic only for you Order Now Introduction: A. Attention Getter: (I’m going to say the personality traits of a classmate) , you ask how I know all this about his about him , its all here written in own his hands. Transition: Sometimes our eyes hide what our hands read. Since our palms, hands and fingers are all maps that tell us about our personalities and where were going through our lives. B. Reason to Listen: I bet everyone here has looked to his hands ND wondered what those silly lines meant. Well palm reading provides the answer for all this. C. Thesis Statement: According to Dictionary. Reference. Com palm reading is the practice of interpreting ones character from the lines and configurations of the palm of the hand . D. Credibility Statement: Throughout my life I have always heard bad things about palm reading, since its accuracy has always been questioned because it has always been linked with forecasting and never been proven with any scientific facts to back it up. It is wrap off ! Owe could you believe in such things ! They use you in order to take your money. After deep research I concluded that its not what people actually think it is a simple process based on our biological features and our nervous system. It is an art practiced worldwide and with Indian astrology roots . E. Preview of main points: I will discuss how palm reading is related to the nerves and brain. Body A. In Order to understand how to read a palm we must first understand how does this process work . 1. Our nerves have a long path that begins with the brain and ends at our body extremities : the hands and the feet. . This connection between our nerve endings and our brains is thus what makes our mental thoughts reflect into our hands. Making everything we want, do, behave, love or hate visible. Transition: The first question asked about palm reading is which hand to read? B. The Palm reader usually chooses each person’s dominant hand. 1 . The dominant hand is the passive hand the one you usually use the most and write with , it is all the experiences gained through-out your life while the non dominant hand is considered the experiences you will go through in the future . . The next step is determining the shape of the palms , we have 4 shapes unhand : the Earth hands which are square in shape with short fingers. People with Earth hands are practical, stubborn and love outdoors activities. 2. The Second shape is the air hands that are square in shape with long fingers. People with these kind of hands are curious, full of ideas, worry a lot, good communicators, but may have problems with private relationships . 3. The third shape is the fire hands that have a long palm but short fingers. People with fire hands are full of energy, spontaneous, optimistic, active, but have of lack patience . 4. The last shape is the Water hands that are rectangular in heap with long fingers. People with water hands are very moody yet loving, caring, don’t cope well with stress . Transition: Now we move on to the 3 major lines of the palm. C. Each line of the three tells a different story about each individual . 1. Im going to start with the top line in our hands, the heart line. It is the line that determines the sensitivity and the emotional aspects of a person. If the line starts below the index finger, it means that he is happily in a relationship. Whereas if the line starts below the middle finger, it means that an individual is selfish when it comes to love. If it starts in the middle, then it means that an individual falls in love very easily. However, the curvier the line is the more romantic the individual is, and the straighter it is the less romantic a person is. If it touches life line then it means that the individual is easily heartbroken. But when the line is Www then it means that the individual has experienced many relationships and lovers. Finally a circle on the line means that the individual is sad with his life . 2. The Second Line , is the middle one The Head Line . Alt determines how focused or easily distracted a person is. When the line is short, it resembles that an individual is short and direct to the point, whereas the longer it is the more creative and thoughtful an individual is, but the straighter it is, it means that the individual has very clear thoughts. Finally, if the head line is wavy, it means that the individual has a lack of concentration. 3. The curves beside the thumb represent the third major line the life line, the closer they are to the thumb the less enthusiastic and passionate for life the individual is, while the curvier they are it means that an individual has a great eve for life , if it swings out it shows that the individual likes to travel often, but if there are breaks it means that the individual has a weak immune system. Any additional line means that an individual is surrounded with positive vibes. Ill. Conclusion: A. Review of main points: So Palm reading does not tell you the number of kids your going to have , nor at what age will you die or the name of the pet your going to bring next year. It is a simple art that interprets your personality through the reading of your palms and not a fortune telling myth. B. Closure: Now that you all know everything about palm eating you can each know more about your own personality. True or not. It is an easy, fun unharmed process that takes only a couple of minutes. 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Establishing Breach of Duty of Care-Free-Samples for Students

Question: Critically analyse the criteria used by the courts in determining whether there has been a breach of a duty of care under the law of tort. The file assessment task explains all the details pertaining the assignment.Recommended reading Occupiers Liability Act 1984 ,Occupiers Liability Act 1957 and file Topic over view II Breach of Duty. Answer: Introduction Tort can be best described as a civil wrong done, which causes harm, loss or injury to another person, as a result of the acts which the first person undertakes. There are different types of torts, but the most commonly discussed tort is the tort of negligence[1]. Negligence, being a tort, takes place in such cases where the acts or the actions of one person, say person X, results in another person, say person Y, getting injured. This injury could be harm or loss too, which caused to person Y. Further, this injury takes place due to the person X not undertaking such act in a careful manner, which a reasonable person in their place would have undertaken[2]. Furthermore, there is a need for the person Y to be harmed, at loss, or injured in such a manner, which was substantial and resulted directly due to such acts undertaken by person X. Where this does not happen, a case of negligence would not be upheld, due to lack of direct causation, and remoteness. Apart from this, there are vari ous other requirements which can make a claim of negligence unsuccessful[3]. When the steps required for making a case of negligence are taken into consideration, the very step comes out to be the presence of duty of care. It is crucial for a case to progress under negligence to show that the duty of care was owed by person X to person Y. Without this, a case of negligence cannot move forward, and is a substantial aspect. Even more important is to show that this duty of care had been breached[4]. This discussion is focused on critically analyzing the criteria which the courts make use of, where they have to determine the breach of duty of care, under the common law and the statutory law. Breach of Duty of Care As has been touched upon in the introductory segment, there are certain requirements for establishing a case of negligence in a successful manner. This involves showing the duty of care, its breach, resulting loss/ harm/ injury, causation, proximity, remoteness and reasonable foreseeability[5]. Each of these elements is analyzed on different criteria. The following parts would highlight the criteria used by courts, specifically in context of breach of duty of care under the common law, under the Occupiers Liability Act, 1957[6], and under the Occupiers Liability Act, 1984[7]. Common Law The tort of negligence is predominately decided under the common law. The decisions of the courts and the criteria set out in the precedents are made use of by the courts in deciding different elements highlighted above, which includes the breach of duty of care. The term breach of duty of care, as the name suggests, is the contravention of duty of care which person X owed to person Y, as a result of the acts being undertaken by them, having the possibility of resulting in a harm/ injury/ loss to person Y[8]. This breach takes place when the required standard of care is not deployed by person X while performing their actions. Further, a prudent person in place of person X would have undertaken such care when they would have undertaken such acts. This lack of taking the reasonable standard of care results in duty of care being violated. A key point in this context is to show that there was a clear and reasonable possibility of such harm/ injury/ loss taking place in terms of reasonabl e foreseeability of the loss[9]. To better shed light on the different criteria which the courts make use of there is a need to quote certain landmark or noteworthy cases. In order to establish that the duty of care had been breached, there is a need to apply the objectivity test. This is a common test used by the courts. The objective test provides that a certain level of expectation was there from person X which they have failed in meeting and which was as per the standards of a reasonable person. In Vaughan v Menlove[10], as a result of the poor ventilation, the haystack of the defendant caught fire. He had been warned regarding the possibility of such happening if he left the haystack and that too, a number of times. Using his best judgment, he argued that there was no foreseeable risk of fire. When the matter reached court, they held that the best judgment of the defendant had not been sufficient and that there was a need to apply the standards which a reasonable man would deploy. However, this test is not used strictly and is often varied depending on the particular situation of the case or based on the defendant of the case. For instance, in Condon v Basi[11], the court adopted the view that an amateur footballer was not expected to meet the standards of such footballers who were in the first division. In Blake v Galloway[12], the context of horseplay was at the centre of this case. Here, the judges held that a duty of care was only breached where the conduct of defendant amounted to high degree of careless or recklessness. When it comes to the professionals, the breach of duty of care becomes a bit stricter in approach by the courts. Basically there is an enhanced standard of duty of care on the professionals. The case of Wilsher v Essex Area Health Authority[13] saw the court stating that the standards of reasonable person applied to the professionals of that profession, even when such an individual was a trainee. In this case, the junior doctor was said to have the same standard of care as any qualified doctor. Again, in Nettleship v Weston[14], a breach of duty of care was found to be present where a learner driver failed in meeting the same standards as any reasonably competent qualified driver owes. There are certain cases where the opinion is divided in a profession, in context of the proper course of action which has to be undertaken in specific situations. When such a case takes place, Bolam v Friern[15] dictates that the defendant is not required to be treated in violation of the duty of care by choosing one body of opinion over the other. This case is famous for providing the Bolam Test. In this case, the doctor was not held to have breached his duty of care where he adopted the practices of reasonable body of medical men, which were skilled in their specific art. Where a man is held negligent just due to presence of contrary body of opinions, it would be unjust and unfair. To further clarify on this matter, there is a need to make reference to Bolitho v City Hackney Health Authority[16], where it was provided that the opinion had to be defensible and was required to be rooted in logic. This shows that the courts analyze the details of each case and adopt a holistic approa ch before giving any decision. Even a change in a needle could result in variations in judgment. The theme which is adopted by the courts is to uphold justice and to be fair to every party. This is the reason a lot of details are covered under the common law in context of upholding the breach of duty of care. In context of reasonable standards, the courts have not only clarified on normal cases and professional cases, but have also explained the difference in cases of children. For instance, in Mullin v Richards[17], the courts clearly provided that a child was not required or even expected to meet the standards which apply on a reasonable adult. The child, thus, had to be judged on the basis of the standards of a reasonable child, that too, of the very same age. There is again a variation adopted by the courts when it comes to the conduct of defendant which is affected by illness in upholding breach of duty of care. This is due to proper reasoning and again complies with the theme of dealing each case separately to uphold a sense of justice. For instance, in Roberts v Ramsbottom[18], the breach of duty of care was upheld just to make certain that the aggrieved party had been properly compensated. As against this, in Mansfield v Weetabix[19], the breach of duty of care was not upheld due to this case involving property damage, which could easily be covered through insurance. In the application of objective test for upholding breach of duty of care, there is a need to consider certain factors. The very first factor is the likelihood of harm. In Roe v Minister of Health[20], the courts held that the defendant was not expected to guard against such events which could not be foreseen. Bolton v Stone[21] is a leading matter in this context, which shows that a duty of care was not present towards Miss Stone due to the very low likelihood of harm and the defendant having taken all the requisite practical precautions in the situation which was present. Reasonability can be clarified through Haley v London Electricity Board[22] where the beach of duty of care was upheld as it was deemed as foreseeable that a blind person walking down the street would trip on a shovel kept at street where there was no appropriate protection. In case of a non-blind person, the decision would have been the reverse. The next requirement, as had been stated in introductory segment, is to show that the harm sustained has to be serious enough. In Paris v Stepney[23], it was upheld that a duty of care had been breached by not providing the requisite safety gear to Paris, where this resulted in Paris getting blind in the only good eye he had. Again, the mixing of criteria can be highlighted through The Wagon Mound No.2[24] where even with the low likelihood of harm, the breach of duty of care was upheld as a result of seriousness of harm being high. Latimer v AEC[25] puts down the requirement of cost of prevention, where a breach was denied due to reasonable precautions being taken by the defendant, cancelling out the need of shutting down the factor. Lastly, there is a need to analyze the utility of conduct of the defendant. In Watt v Hertfordshire[26], a breach of duty of care was not upheld where there was an emergency situation and the utility of conduct of defendant in life saving situation was seen to outweigh the need of taking requisite precautions. In case of lack of such life saving situation, the decision would have been just opposite. Occupiers Liability Act, 1957 This legislation is focused on imposing a common duty of care which the occupiers owe to the lawful visitors. The 1957 act covers the protected damages like death, damage to property and personal injury. As per this legislation, the invitees and the licensees are the lawful visitors and to these people only the common duty of care is owed[27]. The 1957 legislation also owes this duty to the ones who enter based on a contract[28], or those to whom the right of entering has been exercised based on the right having being provided through any law[29]. Under section 2(2) of this act, the common duty of care has been provided, which requires care to be taken at all cases where it has to be ensured that the reasonable care is taken when a visitor visits or enters the premises for the permissible purposes[30]. Again, as is found under the common law, this legislation also provides that the standard of care would vary in cases of children[31], or in cases where the occupier expects that their exercising this call would be appreciated and is guarded against the special risks which are ordinarily incident to it[32]. In case of child visitors, the court takes into account the childs age and the level of understanding which a child of that age is expected to have. In Titchener v British Railways Board[33], a breach of duty of care was not upheld, as the age of child was 15 years, where it was expected for them to be reasonable aware of the dangers of trespassing. As against this, there was a breach of duty of care upheld by the court in Jolley v Sutton[34] where the children were 14 years of age, and by not taking away an unsafe boat, there was a risk of children meddling with it, resulting in duty being breached. The breach of duty of care particularly in context of 1957 act could be explained through Taylor v Glasgow Corporation[35]. In this case, the two children went to a park which was open for public and were thus invited. A boy who was seven years old ate some berries, which were poisonous and died. There was lack of warning signs and the shrub was not fenced. This was seen as a breach of duty of care as it was seen that children would have reached for the berry as it was unprotected and the children were not warned. This was coupled with the protection that the defendant failed in providing the requisite protection to their occupiers. The court does not put the entire liability on the defendants in cases of children, and the role of parents is also analyzed. In Phipps v Rochester Corporation[36], the breach of duty of care was not upheld as the court upheld that the parents of five year and seven year old kids were required to accompany them. Often the warning signs or warnings are deemed as enough to discharge duty of care as was seen in Roles v Nathan[37]. However, in White v Blackmore[38], in context of section 2(4)(a) of the 1957 act[39], it was held that warning had to cover the danger which took place in the pertinent case. In Darby v National Trust[40], it was clarified that there is no need of warning the claimants regarding the obvious risk of harm. Occupiers Liability Act, 1984 The visitors which are not covered under the 1957 act can claim a duty of care being present under the 1984 act. In Revill v Newbery[41], it was clarified that this act gives protection even to the ones who break into the premises of an occupier with criminal intentions. Even though this can be seen as a harsh concept, it is used vigilantly by the courts and in majority with cases involving children as they are not aware of the dangers of trespassing. In Addie v Dumbreck[42], the duty was said to be not owed by the defendant. However, a divergent approach was adopted in British Railways Board v Herrington[43] by the judges in sense of justice. In this case, the court upheld the presence of duty of care on grounds of common humanity to trespassers, and the breach of this owed duty of care resulted in the defendant being made liable for the burns caused to the six year old boy. Section 1(3) of the 1984 act provides the situations which can give rise to a duty of care being owed by an occupier to the visitor[44]. This includes the awareness of danger on reasonable grounds; the grounds to believe that danger may be caused and that other person could come in vicinity of such danger; and that in case of such risk, there is a need to provide certain protection. The criteria laid down under this section has to be shown to be present when the duty of care is alleged to have been contravened as was stipulated through Donoghue v Folkestone Properties Ltd[45]. As is the case with common law, there is a need to deploy a standard of care as per section 1(4) of the 1984 act[46]. As is the case with the 1957 act, by the duty of care can be discharged by giving warnings or by discouraging the others from undertaking such risks as per section 1(5) of the 1984 act[47] and as had been seen under the case of Tomlinson v Congleton[48]. Conclusion Thus, on the basis of the discussion which had been covered in the previous segments, it can be concluded that the courts deploy a range of different factors in order to uphold that the duty of care which person X owed to person Y had been breached or not. The range of case laws discussed herewith highlighted that even a slight variation in two cases can result in huge variations, in terms of breach of duty of care being upheld or the same being denied. There are a number of common factors under the three distinctive laws discussed above, in considering the breach of duty of care. These include the need for upholding the presence of duty of care, followed by factors like significant damages, possibility of the risk of harm actually taking place, the reasonableness of acts undertaken by person in comparison to a prudent person, and the particular factors of the case, in terms of breach of duty of care accompanied by property damage or personal damage, the cases of children and the cas es of professionals, amongst the various other factors. There is a common theme of upholding sense of justice and fairness, and to consider each case in detail, in order to bring out the best result, particularly for the injured party. However, in doing so, the courts adopt a calculated approach, which even though can be cited as contradictory, but is actually based on reasonable grounds. All in all, this discussion presented a thorough analysis of the criteria adopted by courts in determining the breach of duty of care under tort law of negligence in a critical manner. 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