#Vicarious liability

[prolawctor]

Different Types of Liabilities Under the Law of Torts

Different Types of Liabilities Under the Law of Torts

Introduction Tort law provides a framework for addressing wrongful acts that cause harm to individuals, allowing them to seek remedies. Understanding the different types of liabilities under the law of torts is crucial for legal professionals and individuals alike. This article explores various types of liabilities under law of torts, including fault-based liability, strict liability, vicarious…

[seemabhatnagar]

"Criminal Proceedings quashed due to non inclusion of the manufacturing company'

High Court quashes complaint against employees for misbranded insecticide due to manufacturer's exclusion and unaddressed re-analysis request.

Legal Issue:

Whether the complaint is maintainable without arraying the manufacturer company as an accused and the petitioners' right to re-analysis was violated.

Altaf Ahmed (Asst. Regional Manager) & Sh. Uday Kishan Tite (Quality Control Incharge)

v.

Union Territory of Jammu and Kashmir through Law Enforcement Inspector, Department Agriculture Kathua

CRM(M) No. 66/2020

Before the High Court of Jammu & Kashmir and Ladakh at Jammu

Heard by Hon'ble Mr. Justice Rajnesh Oswal J

Facts:

The petitioners are seeking quashing of the complaint registered against them by the Department of Agriculture through Law Enforcement Inspector, Kathua under Section 3k(i) & 29(1)(a)(i) of the Insecticide Act, 1968, before the Court of Munsiff (JMIC), Kathua.

Samples were drawn from the petitionrs for Chemical analysis of the insecticide "Noor (Dodine) 65% WP," where the product was found "misbranded" with a manufacturing date of 10.02.2017 and expiry date of 09.02.2019.

The petitioners filed application before the trial Court that the manufacturing company has not been arrayed as an accused and a necessary party.

The petitioners' moved an application for re analysis of the sample through Cetral Laboratory.

This application for re-analysis under Section 24(3)&(4) of the Act was not decided by the trial court.

Arguments:

Petitioners: The complaint is not maintainable as the manufacturer was not included as an accused and the trial court did not address their application for re-analysis, infringing their rights.

Respondent/State: The complaint is lawful and the petitioners' rights were not violated.

Court's Observation:

The trial court failed to decide the application for re-analysis within the product's shelf life, violating the petitioners' rights under Section 24(3)&(4) of the Act.

Without naming the manufacturer as an accused, the complaint against the petitioners is not maintainable. This aligns with the Supreme Court ruling in "Himanshu v. B. Shivamurthy" and "Northern Mineral Ltd. v. Union of India," emphasizing the necessity of including the manufacturer to prosecute employees.

Law Points

A Non-Inclusion of the Manufacturer as an Accused:

The petitioners were the employee of the manufacturing company, M/s Indofil Industries Ltd., and their Company was not arrayed as an accused.

2. As employees of the company, they could not be prosecuted without including the company itself as a party to the case.

3. Supreme Court's held in the case of "Himanshu v. B. Shivamurthy," that for vicarious liability to be attributed under the Insecticides Act, the manufacturer must be named as an accused.

B Right to Re-analysis of the Insecticide Sample:

The right of the petitioners to have the insecticide sample re-analyzed, as provided under Section 24(3)&(4) of the Insecticide Act, was violated.

2. Their application for re-analysis, was not decided but the trial court within the product's shelf life, thereby infringing their statutory right to challenge the initial analysis report.

[sarahthecoat]

love this idea! cos yeah, in s1 after the bandstand, and the street, and the fire, and the bar, crowley still drove the burning bentley to tadfield. nothing can stop him once he makes up his mind.

Chekhov's Contract

Back again for Day 3 of the Nice and Accurate Prophecies event.

How Will Our Hero Cope?

Today, we let's talk about Crowley. Within the span of a few hours, Crowley has gone to Heaven and learned of another plotted End of the World, watched the closest thing he has to an archnemesis (Gabriel) run off with his demon love of a meager four years and suffer no consequences for it, and left his heart shattered on the floor of the bookshop as the love of his life chooses a job promotion over him. He's not doing great. So what is in store for Crowley in Season 3?

It's honestly hard to predict because there is just so much open space to play with. He could do anything and not one of us would be surprised.

Sleep for a century? There's precedent. Get extremely drunk for weeks on end? That's on brand. Go tit for tat and take a leadership position in Hell just to cancel out Aziraphale in Heaven? Seems unlikely, but I also wouldn't be surprised at that level of petty lashing out.

But I did find one thing. At least, I think I did.

There was, I have now convinced myself, a Chekhov's Gun in Season 2 that I haven't seen anyone talking about. (Apologies if you're out there screaming and I just haven't seen it. I did try searching!)

When Beelzebub kidnaps Crowley from the Bentley and takes him to Hell to discuss the Gabriel situation, they make an offer to Crowley that Crowley later accepts. And what is that?

Find Gabriel for me and you can have whatever your nasty little heart desires.

And what does Crowley do in Episode 6? Finds the writing on the box that tells everyone Gabriel is in the fly. He finds Gabriel for Beelzebub.

Just to emphasize that again - Crowley fulfills his side of a verbal contract forged with the Grand Duke of Hell.

He's now owed whatever his heart desires. And as we've seen, Heaven and Hell operate like businesses. Contracts must be fulfilled. (Excuse me while my little lawyer-nerd heart sings over here.)

And we also know that he's aware that Heaven has plans for Armageddon 2.0.

Where he would absolutely deserve to wallow after all the utter bullshit drama he's gone through, I don't believe that's Crowley (no matter how much fun it makes to write in fanfiction). Crowley isn't just going to sit back and watch the world burn.

In the past, when Crowley has wanted to run away, it's only ever been with Aziraphale. Sure, he threatens he's going to head to Alpha Centauri even when Actually rejects the offer, but he doesn't do it.

And now? Running away with Aziraphale isn't an option because he's gone.

Crowley has nothing left to lose. So he's going to throw his entire self into saving the world, with reckless disregard for his own safety.

And he's going to have a blank check from Hell to do it.

[zoropookie]

HOW HATERS ARE BORN (HHAB)

♡ chapter twenty-nine — bittersweet (💋)

Reading the text didn’t bring tears to his eyes, but for some reason, it still stung badly.

It wasn’t the words themselves, but a twinge of disappointment that he felt shortly afterward. It ruminated in his thoughts the minute that the car ride started, and all he was left with was his own disappointment, and a lack of fight left.

And as he sat in that passengers seat, the words seemed to be knocked out of him yet again. The world blurred into a haze of colors and shapes. He clenched at his own palms until his knuckles turned white and his mind spiraled.

It suffocated him, but he knew a lot about that to endure it anyway.

"You know," A female's voice rippled through his chaos to grasp his attention. "It's not that bad."

He blinked, slowly refocusing his gaze and turning his head manually towards Furina. "What is."

"The (Y/N) stuff." She said, glancing every now and then from the road towards him.

His expression was of weary resignation. "You think so?" He sighed out, the words feeling heavy on his tongue every time he even spoke.

"They may be mad at you right now, but you have a plan." She said, her gaze steady. "It may not be fool proof, but you'll come out of it with a clearer conscience than that Tartaglia ever will. I promise."

But even with her promises, it didn't feel right to be comparing his peace of mind to another's. Maybe his conclusion would be completely different after all. Her words rushed over him like a soothing balm, the turmoil that he usually felt being nudged away.

For the first time in forever, he felt somewhat of a spark of determination. "Thanks." He murmured audibly, a small gasp coming from the former as he cringed, "For...all this, I guess. It's not often people are this nice to me."

"I didn't think you were capable of being grateful! I should gloat in this." She grinned, "You've grown used to people treating you like a liability. Whether you like it or not, it's not normal. Wean yourself off of that as soon as possible."

The rest of the car trip was silent. He couldn't entirely take his mind off of the events, and even the meeting he's taking himself to, but the passing scenery outside the car window put his mind elsewhere until the car slowed to a stop.

He put his back cap and mask on with less resolve than what he started with, unable to shake the feeling of discomfort her felt now that the gravity of the situation weighed down on him. He looked again out the window at the exact seat he wanted before exhaling. "If I don't come back, just abort mission."

"Don't be dramatic." Furina's eyes dulled, also knowing this situation was wary. "But...I'll be near, okay? Just in case this goes south and it actually is someone trying to kill you."

"Yeah, it's really fun being shark bait, thank you." He shook his head to himself, opening the car door to approach the cafe.

The building was more certain than he was in that moment, a warm glow beckoning the area. He never realized how little he went out these days, this same coffee shop was entirely different than the last time he came. The familiar sight and sounds of the city he used to know was suddenly unfamiliar to him.

Muted voices to him inside the little shop, all rambling vicariously. It was funny, the main reason he stopped even coming here was because things started getting busier and busier. Ei would apply pressure to him once he agreed to the streaming stuff. Did he ever really lose his identity if he never got to have one in the first place?

He squared his shoulders once the espresso he ordered was ready, quickly nodding in acknowledgement to the barista and sitting outside for a breath of fresh air. Everything around him was suffocating, and he never thought he'd be like one of those guys who are scared of having an actual life outside of their computer.

Maybe that was her plan, now that he was thinking about it.

He let the cool breeze wash over him, despite almost his whole face being covered except his eyes. He felt skittish, and uneasy, fingers lightly tapping at the to go cup of espresso in his hands. "What am I even looking for..." He murmured irritably, annoyance plaguing his thoughts.

It was a long, and arduous three minutes he sat there thinking about who Twitchpatch may possibly be now that he knew about Childe. How the fuck did he even know who it was? A familiar of his, maybe? But not that many people know about Narukami coffee shop unless someone who did told someone else.

And if they did...then there's also a limited amount of people. He didn't know what to think...until it hit him. Why would Twitchpatch, a news source, know about an indie coffee shop if they weren't also from Inazuma..?

And once he came to that conclusion as the cup was near his lips ponderingly, a feminine voice called, "I didn't think you'd be early."

His heart dropped to his stomach in an instant, his eyes slowly lifting up to meet the woman's voice. There, standing before him, was a sight that he never thought he'd be able to see again in his entire lifetime. Time stopped for him, and he slowly began to look mortified once he realized...

"What the fuck, Makoto." Scaramouche's voice cut through the air, sharp and accusatory. He almost lost it, if it weren't for her softer expression evening out.

"Hey, Kuzu." Makoto said with a softer tone, sitting down in front of him hesitantly. "I thought I wouldn't feel anything out of this, but...it's different when it's you."

"Fuck you." He snapped, his eye almost twitching from how many emotions were going through him in the moment. "Ei said you left us. You made that decision on your own."

"You're missing a lot of the story."

"And even with that in mind, I didn't do shit to you for you to play fake fucking journalist." He pointed. "Yeah, forgot about that little detail? The lie you capitalized off in humor of both of our downfalls? They're scattering to find a way for me to clear the controversy right now because of you."

"Is that not what Ei wanted? Controversy all of the time?" Makoto raised an eyebrow, sitting back in the chair. "It wasn't my desired effect, trust me."

"Yeah? That wasn't what you wanted to happen? I thought you were the one to always think about what you do before you do it. I guess. Fucking. Wrong." He seethed, his teeth grinding into each other. "I should narc on you right now."

Makoto's expression softened, and she reached out tentatively, her hand hovering in the air. "Please, just listen to me for a second."

"Why should I?" He recoiled. "I'm not even mad about what you did to me. But you had no place bringing other people into this. You don't get to waltz back in to my life after doing all of this and act like what you did was some sort of poetic justice. That's not how this works."

"I had no intention on it." Makoto sighed, her shoulders slumped as her eyes narrowed away from him. "Listen...Ei and I had a bad argument before I left. I felt like she was starting to change after all of this and she denied all of it and threatened me. I can't save a dying group if its leader isn't open to criticism."

He scoffed, bitterness tainting his tone. "And you only decided to tell me about this after you left me clueless? About where you were after you fucked off and went off the radar without a word? Are you not essentially just doing what she did?"

"I never said that what I did was okay!" Makoto frowned. "This meeting is harder than I thought it'd be...I wanted to figure out a way I could get you out of there as quick as possible, but I didn't have a way at that time. I was reckless...and it lead to this. If I had the ability to rally up more capable people for the job, I would. But this is all I've got. And you shouldn't be okay with how you're being treated there just because of what I did."

He knew that he wanted to clap back at her again, but he knew she was right in that accord. He chewed at the inners of his mouth, staring at her with an intense gaze.

"You lost the spark in your eyes, Kuzu." She said, "I've seen your streams. You're not even happy doing it, it's like there's nothing there. Why do you do them, in that case?"

"I didn't lose it." He corrected.

"Every time your stream, it feels like you're not passing time. You don't want to be there, and not many people can see it, but you used to look different...more lively." Makoto observed, "It feels like I'm looking at a carcass of what that used to be. You don't eat much, you don't sleep with what I've seen. You always seem like you're worried about something. It's disheartening. Excuse me for thinking of a way out for you."

He sighed fiercely at her, "What do you want from me? What do you want me to do about it?" He had trouble looking into her eyes. "You really...really fucked with me, Makoto."

Makoto sat in silence for a moment, the weight of their shared history hanging heavy in the air. But amidst her own regrets, she stood up after a second and gave a small smile. "You should stop, this isn't good for you. You're...like, deep frying your own brain at this point."

"How do you know what's good for me?" He bit back one last time before feeling his confidence weaken. "You don't even know a thing about me these days."

Her smile didn't waver at his words anymore, she gave him a light pat on his head in mild comfort before stepping back. "Stop streaming, Kuzu." She said, "And if it makes you feel better, air everything out. It's the least you could do for all that she made you do, right? I'm sorry I won't be there beside you to see it."

That light pat was something that he hated, but at the same time, haven't gotten the chance to be granted in ages. He never gave people the chance to get too close to him after all of this, nor even give them the reason to in the first place. It was bittersweet, his heart swelled with the same confusion and kindness Makoto gave him back them.

He wanted to prove her wrong, but he knew it was beyond his pride to keep her by his side. Even with how aware she was that she was right about him. Looking at her after a while, she could tell from his eyes that he was hurt. "I'll see you again sometime, okay? Reconcile with that (Y/N) if you ever get the chance; you seem to like them anyway beyond all the fake news."

She left as quick as she came, and with Scaramouche's previous arrogance and general disposition. He didn't know what to do anymore.

previous ♡ masterlist ♡ next

YOU ARE on your way to being one of the hottest streamer in your nation at the moment, racking a monthly average of 10 million viewers, but something specific bothers you about it. you know that a lot of people hate you, but there's this one account. one account that's been following you since the early days of your career. they leave a flood of rude comments in your stream, your moderators banned each account they made, but they keep making more. you are at the end of your tether. but you are yet to find out that this persistent cockroach is none other than your friend's friend (and the only other streamer that's bigger than you), scaramouche.

taglist ♡ @thystarsshine @veekoko @gumickajolli @simonisferal @kamiboo

@justpeachyteastea @feiherp @pinkismyfavcolor @aether-darling @kunisnaomi

@keiiqq @mine-lu @featuredtofu @danhenglovebot @k4zushi

@kyon-cherri @b4tm4nn @iiinaurate @quacking-simp @auroratumbles

@kookiibun @ulquiorraswife @amvpk01 @simplysm1le @h3xi2g0n3

@alatusorrow @scaranthropy @mellowberrie @magica-ren @vernith

@kabukipookie @bananasquash @suqarlaced @dellalyra @lightyagamifan

@yourfavoritefreakyhan @heartsforseo @yomishen @pwushizz @swivy123

@strxwberryfetish @ibyobi @ashfrommars4 @chemiru @ainnofinway

@agaygothicmushroom @levianamor @dragontammerz @wth121 @lylovw

@morgyyyyyyy @lovemari @suniika @littlesliceofcheese @yumejo89 @liuaneee

@franaby @tiddieshakeshownu @mimi3lover (bold users means i'm having trouble tagging you)

[incesthemes]

dean's sexuality is an overwhelming recurring theme throughout the show: his fetishes are prominent, he flaunts his sexuality and sexual behavior freely, he's a relentless flirt, and he has the most sexual encounters in the show. what i want to briefly consider here is how his sexuality and, more importantly, his fetishes may symbolize a freudian eroticization of a fantasized domestic life, particularly in his fetishization of femininity.

so hear me out: dean subconsciously eroticizes his mundane desires because he can't externalize them in a safe or realistic way. the desires are, namely, a longing for a domestic, "apple pie" life, which is a desire that has been explored in the show multiple times. dean routinely covets domesticity, through his desire to raise a child (ben and lisa subplot), the djinn fantasy (2.20), his "nesting" in the bunker (8.14), and his displacement of that desire onto sam (who is the primary subject of his erotic fixation in general and a subconscious extension of himself—if sam acquires a happy domestic life, dean can live vicariously through it).

he also routinely denies himself this domesticity because he's given up on getting out of the hunter life. he was raised in a survival environment and never was given a real opportunity to escape (even sam had to fight tooth and nail to get out, and we all know where that got him). the one time he had a chance to reject john and embrace normality he returned smiling because of sam (9.07). he's the one that vehemently secludes himself (and sam, like in 1.06) from society because connections are a liability. he leaves potential long-term relationships preemptively, always choosing hunting (and sam) over them before anything "real" can happen (1.13, 6.01, 6.21, also consider 8.19, perhaps more abstractly). he's so broken inside that he lacks any real desire at all (5.14). et cetera, et cetera. he denies himself his domestic desires to the point that he lacks desire at all—he's a broken shell of a man.

so the violent repression of the id causes the secret desire to leak out through erotic fantasy, a playground of fiction that is used by, well, most if not all people to explore desire in a safe and controlled medium (see: how many women have rape fantasies, for example—the sexual fantasy is a constructed world for safe exploration of certain desires, often abstracted through erotic symbols).

dean is so repressed as an individual, likely by external pressure to conform and control himself via john, that dean could subconsciously transform his secret desire for domesticity, into an erotic fantasy. he displaces those unacceptable desires from the unattainable mundane onto the safer erotic and they eventually distort into fetishes. the fetishes themselves are then abstractions of the things he covets but can't obtain.

and i want to focus specifically on his desire for domesticity and make an argument for feminization as a fetish (thank you rhonda hurley for your contributions to society) and how that relates back to that base desire.

there are several episodes in the show which suggest that dean fetishizes femininity itself, or rather feminization as it pertains to him (4.07, 5.04, also consider 10.05 in a more abstract sense). in 4.07, dean openly fantasizes about living in a "hot cheerleader's" body (youthfully feminine). in 5.04, dean recounts the time rhonda hurley forced him into her pink, satiny panties, saying that he liked it. 10.05 is a meta episode which additionally posits a plotline where dean becomes a woman through supernatural means, suggesting that fans are invited to draw a connection between dean and feminization. (these are the episodes i can pull off the top of my head; it's probably not comprehensive but i can't remember others atm)

so let's consider this feminization kink: we have dean fantasizing about femininity, womanhood, and especially girlhood, which he notoriously eroticizes (again in 4.07 and also in 4.13 and 10.13, to name specific references, but there are so many examples of this) in relation to himself, specifically. you can layer this in the way his deeper desires are of domesticity, and the home is traditionally (importantly) the domain of the woman. if dean would come to associate domesticity with femininity, then he would subconsciously connect his desire for domesticity with a desire for femininity. therefore, this feminization kink can represent an eroticization of his own (perceived) femininity. dean craves domesticity, but the domestic can only be achieved through womanhood, and therefore his desire for the domestic manifests through femininity, and thus feminization.

this "perceived femininity" of the domestic is important because of how dean conceptualizes the world largely through his consumption of media (see also: his "wild west fetish" via 6.18), which enforces gender roles and the relegating of the woman to the domestic sphere. this additionally aligns with dean's lived experiences: he had a domestic life while mary was alive, and when mary died the domesticity died with her. his only personal experiences with a settled home life are inexorably tied to the presence of femininity (his other excursion is when he lives with lisa, strengthening this association), and the absence of it and subsequent domination of john (the masculine) also took with it that domestic life.

and then you could even go so far as to make the argument that his eroticization of girlhood and his fetish for barely legal girls is a symbol of the domestic life he didn't get to live himself. it can represent a longing for youth in an environment that was inaccessible to him, a stability and domesticity walled off by womanhood. his youth was masculine, and his desire is for the feminine. it would stand to reason that when he yearns for an idealized youth, it would be through the lens of the symbolically feminine. and so this desire manifests through a fetishization of youth (girlhood) and his subsequent creep behavior. it all comes back to the life dean didn't get to live, eroticized and represented through a sexual fantasy born of rigidly enforced gender roles and the loss of femininity in his home life.

[thecampbellowl]

CHARLOTTE CAMPBELL: A PLAYLIST.

Skinny Love - Birdy

And in the morning I'll be with you / But it will be a different kind / And I'm holding all the tickets / And you'll be owning all the fines

I Of The Storm - Of Monsters and Men

If I could face them / If I could make amends with all my shadows / I'd bow my head and welcome them / But I feel it burning / Like when the winter wind stops my breathing / Are you really gonna love me when I'm gone? / I fear you won't / I fear you don't

B a noBody - SOAK

You ring, you ring a bell to show / You're bleeding / I watched, I saw your mind fall, / Out of your head / Weekends and cheap thrills, / Risk it all for an inch of fun, / We'll never amount / To anything

Alien - Novaa

Everything is always so distant / When everyone thinks / That you’re a miracle / Everything is always so cold / When you’re busy / Keeping others warm

Vienna - Billy Joel

Slow down you crazy child / You're so ambitious for a juvenile / But then if you're so smart tell me / Why are you still so afraid?

Liability - Lorde

The truth is I am a toy that people enjoy / 'Til all of the tricks don't work anymore / And then they are bored of me / I know that it's exciting running through the night, but / Every perfect summer's eating me alive until you're gone / Better on my own

Drive - Halsey

All we do is drive / All we do is think about the feelings that we hide / All we do is sit in silence waiting for a sign / Sick and full of pride / All we do is drive

1994 - Cavetown

Say you're coming around / I need you lately, everything's been getting me down / I felt so much older than the kids 'round the corner / But I feel so much younger now / Overtook them all and slowed back down / Blamed a child in a daisy crown

People Watching - Conan Gray

I'm only looking just to live through you vicariously / I've never really been in love, not seriously / I had a dream about a house behind a picket fence / Next one I choose to trust, I hope I use some common sense / But I cut people out, like tags on my clothing / I end up all alone, but I still keep hoping

Heavy - Dizzy

I've been reading into programs / Relying on a romance / To get this feeling out from under my nails / And I ask where does all the good go? / I theorize a black hole and / Try not to get too sentimental

[captmadcap]

See, the reason this is not a case for personhood at all is that even if a person from Air Canada had misled the customer, the company would STILL be responsible because of the doctrine of vicarious liability. So I am forced to believe this flimsy and dumb legal defence was ALSO thought up by this incompetent chatbot.

[not-goldy]

You lot Jimin-haters keep excusing the 17-year-old Jungkook's shitty behavior, truth is, you wouldn't take it well if you were called ugly by some classmate back in when you were 17. You would cry because it hurt and maybe even destroy your self-esteem.

I would cry if IN FACT I WAS UGLY or insecure about my looks

But if I objectively LOOKED BETTER than (not my class mate, nor age mate Jungkook is neither of these?) my JUNIOR WHO IS NOT ON MY LEVEL

IF I KNEW I WAS SELECTED AS PART OF A BOYBAND GROUP PARTLY BECAUSE I PASSED THE VISUAL TEST AND WAS CONSIDERED A VISUAL- COS WHICH BOYBAND GATHERS A GROUP OF UGLY ARTISTS TO SELL TO FEMALE TEENAGERS WHO WERE CRAZED OVER HARRY STYLES WHEN THAT COMPANY HAD ITS SIGHTS ON WESTERN MARKET FROM DAY ONE???

Yall need to be for real

I WON'T CRY IF I WAS CONSTANTLY SELECTED OUT OF THE GROUP AS ONE WITH THE BEST BODY UNIQUE VOICE OUTSTANDING DANCER AND PERFORMER

And I would not take THAT CHILD COMMENTING ON MY LOOKS SERIOUSLY AT ALL like I don't take yall seriously IF THAT CHILD ALSO LOOKED LIKE THIS 🤣🤣🤣🤣🤣

Nor would I be bothered AT ALL because I'd rather assume that THAT DISRESPECTFUL CHILD was JEALOUS and move on with my life and I would tell them that each time they brought up my looks.

Like I'll tease them right back and call them jealous of my looks

I will keep the same energy of tying their tongue when they comment on my looks and not just flirt with them asking them is that why you like me when they describe me as daring.

And if it was taking a toll on me I'll report it to the company and threaten to leave cos I don't have to tolerate bullying in the work place its my legal right not to and if the company turned a blind eye I would leak info to the press about it and sue the hell out of the company for that vicarious liability

Worst worst, I will beat the shit of the kid till he was bleeding to death

And if I was too elitist I will cut him off, block him and keep my distance

No.... I won't cry about it 💀

17 year old Jungkook meanwhile Jimin was 19 years💀

A WHOLE AS LEGAL ADULT

Yall need to stop infantilizing him it's not cute

[prolawctor]

Vicarious Liability Under Torts| Law of Torts Notes

Vicarious Liability Under Torts| Law of Torts Notes

VICARIOUS LIABILITY UNDER LAW OF TORTS   Vicarious Liability : Origin and Meaning This concept makes one man liable for the acts of another because of certain relationships like Master and Servant, Parent and children etc. Originally it came from “Quit facit per alienum facit per se” (He who does an act through the instrumentality of another does it himself). This rule was inadequate to explain…

[notsosilentsister]

The Diplomat

I kinda get why one might keep the awful husband around - he's a loose cannon who gets results, an asset as much as a liability. And while Kate often disagrees with him about the means, they do seem to be on the same page regarding the ends, which does matter, after all. You do get the sense that they share certain core values. So keeping him around is a high risk, high reward strategy.

It also seems like Kate's living a bit vicariously through him - she's so very restrained (as signified for instance by the eating disorder), and in a way he's a permission mechanism, sabotaging the restraint, and at the same time a cautionary tale, justifying the restraint. Maybe he's her Jungian shadow, doing what she doesn't allow herself to do. I also kinda get how you might love someone while not at all trusting them, and that always makes for an interesting dynamic. He still has to go - I'm on episode four - at least for a while, because I ship Kate with the State secretary. Competence porn, for sure, but I'm so jaded about politics at this point that it's starting to break my suspension of disbelief. People are all so professional, focussed on the task at hand. Sure, there may be some personal vanity involved on occasion, but the show does a good job showing how seemingly frivolous things can be valid concerns when you're in the business of reputation management. (Kate acknowledges that the presidend is right to worry about looking old and weak - there's an undeniable cost to it, it's just that the cost of a show of strength would be higher in this particular case). And sure, people fuck up, but so far all the fuck ups are the sort you easily might make when you have to make quick decisions based on insufficient information, and it's often easy to see how every alternative option could have led to something disastrous just as well. It want to see some unforced errors! But unforced errors are made at one's leisure, which no one has in this show and that brings me to my main issue: pacing and stakes. Which are too fast, and too high, respectively, for my taste. I tend to prefer the sort of character study, where characters get some room to breathe (and rope to hang themselves with; for that, you gotta cut them some slack). That's what I really loved about the Americans, where the pace could ramp up to nail-biting degrees at the drop of a hat, but also linger, allow for a slow, downright torturous build-up of tension, for treacherous lulls in the action, a temptation to succumb to the lure of mundanity, the American dream in suburbia, a false sense of security. You might easily lose track of something, that would later come back to bite you in the ass, which added to the suspense, and made the sudden eruptions of violence, always simmering below the surface, seem more shocking and at the same time more inevitable, less contrived. I always kinda had to steel myself to watch the Americans and would be left reeling for a while after a lot of episodes. Well, this is more of a comedy, but the pace for me is is too constant, I guess. I'm also not sure that I buy into the central thesis as formulated by the awful husband, that the person most suited for power is the one being thrust into it by circumstances instead of actively seeking it out. It's a very popular sentiment (why your average hero first has to refuse the call), but a bit too romantic for my taste. 

I mean, obviously you'd want someone in power who sees power only as a means to an end - to protect, to promote - and not as an end in itself. But that seems less about "wanting power" vs "not wanting power" and more about what precisely one might want the power for. And personally, I do actually feel more comfortable with someone in power who does care enough about power to study it, to find out how it works and how it doesn't work in any given situation, and who can hold onto it long enough to actually implement a proper reform. Being naive about power has never helped any cause. For what it's worth, I do think that both Hal and Kate actually care very much about power in this way. But right now, they both would rather be the power behind the throne, and that's not gonna work, because someone also has to sit on it. I mean, Kate would argueably still be a power behind the throne as a VP, but one suspects that Hal's idea is more about Kate pulling the president's strings, and Hal pulling Kate's. It's a good conflict! Anyways, I would have always watched this for Kerri Russel no matter what, and would certainly watch another season as well.

[tokofagkawa]

Toko is so late diagnised autistic. I feel like she had that experience in school wandering why she wasn't like everyone else and why everyone else seemed to take immediate disslike to her, (there was a study done in which the liability of I think either autistic or just neurodivergebt people in general was ranked lower to that of neurotypicals, many seeing the first as strange or "there's just something about them"), wondering why she can't stand certain textures, I feel like the whole "why am I abnormal" feeling that many late diagnosed autistics had would really tie into how she feels about many things in later life, such as her shutting herself away from others because she thinks that she can't have a normal relationship with them and/or will be casted out of the group, a common experience for autistics inbgeneral, so she cowers away in order to avoid stress, humiliation, and to reject others before they can reject her. She may well also have faced the "your abnormal" treatment from her perants, further drilling it in her head that there is something wrong with her ab that she is incapable of having someone love her the way she is, maybe why she is so willing to bend herself to (what she projects as) togamis will, she will subordinate herself, often through mysoginy which is rife in romance books, because she thinks that she's unlovable if she doesn't. Because the only time she's ever even been close to experiencing love prior to both naegis is via living vicariously through these romance books.

Sorry for going off on a bit of an out of context rant nere the end.

Also feel like despite her parents probably being aware that she had autism, she was never tested. They wouldn't want to waste time abd money, all for the sake of her having closure or atleast understanding

yes yes I agree with this 👍 Toko feeling like she's completely alone in her suffering and no one could ever understand what she's going through and thinking of herself as a freak even though there IS an explanation for what's going on she just doesn't know it.

[immortalsins]

finished tort law and we're now on to data protection law but just got hit with the 'nothing matters' mindset which tbh is to be expected for data protection law

accountability post for exam season hell. tasks for today are to finish revision materials (and the first round of revision) for 5 weeks of engineering management and law; tidy and organise my entire life; make a start on orthopaedic biomechanics revision; print out some past papers

[alphaman99]

Lynn Chu posted:

There seems to be a pretense out there that morals do not exist, or do not underlie what the laws are, and that morality is purely a question of conforming yourself to whatever current cultural fashion happens to be hot right now. For instance, we all deplore the fact that hundreds of thousands of people are dying of opioid addiction. They got hooked on this by doctors who out of error or neglect, gave them too many such prescriptions. So now, a judge with his finger to the wind, ties the law of nuisance into knots, to imply a nonexistent causation by a manufacturer. One that only manufactured a tiny number of one specific product for hospital use. It will be gun manufacturers next to be taken down for creating the "nuisance" of guns under this unhinged vicarious liability theory.

[see-fee]

psst ai art is not real art and hurts artists

Real life tends to be far more nuanced than sweeping statements, emotional rhetoric, or conveniently fuzzy definitions. “Artists” are not a monolithic entity and neither are companies. There are different activities with different economics.

I’ll preface the rest of my post with sharing my own background, for personal context:

👩‍🎨 I am an artist. I went to/graduated from an arts college and learned traditional art-making (sculpture to silkscreen printing), and my specialism was in communication design (using the gamut of requisite software like Adobe Illustrator, InDesign, Photoshop, Lightroom, Dreamweaver etc). Many of my oldest friends are career artists—two of whom served as official witnesses to my marriage. Friends of friends have shown at the Venice Biennale, stuff like that. Many are in fields like games, animation, VFX, 3D etc. In the formative years of my life, I’ve worked & collaborated in a wide range of creative endeavours and pursuits. I freelanced under a business which I co-created, ran commercial/for-profit creative events for local musicians & artists, did photography (both digital & analog film, some of which I hand-processed in a darkroom), did some modelling, styling, appeared in student films… the list goes on. I’ve also dabbled with learning 3D using Blender, a free, open source software (note: Blender is an important example I’ll come back to, below). 💸 I am a (budding) patron of the arts. On the other side of the equation, I sometimes buy art: small things like buying friends’ work. I’m also currently holding (very very tiny) stakes in “real” art—as in, actual fine art: a few pieces by Basquiat, Yayoi Kusama, Joan Mitchell. 👩‍💻 I am a software designer & engineer. I spent about an equal number of years in tech: took some time to re-skill in a childhood passion and dive into a new field, then went off to work at small startups (not “big tech”), to design and write software every day.

So I’m quite happy to talk art, tech, and the intersection. I’m keeping tabs on the debate around the legal questions and the lawsuits.

Can an image be stolen if only used in training input, and is never reproduced as output? Can a company be vicariously liable for user-generated content? Legally, style isn’t copyrightable, and for good reason. Copyright law is not one-size-fits-all. Claims vary widely per case.

Flaws in the Anderson vs Stability AI case, aka “stolen images” argument

Read this great simple breakdown by a copyright lawyer that covers reproduction vs. derivative rights, model inputs and outputs, derivative works, style, and vicarious liability https://copyrightlately.com/artists-copyright-infringement-lawsuit-ai-art-tools/

“Getty’s new complaint is much better than the overreaching class action lawsuit I wrote about last month. The focus is where it should be: the input stage ingestion of copyrighted images to train the data. This will be a fascinating fair use battle.”

“Surprisingly, plaintiffs’ complaint doesn’t focus much on whether making intermediate stage copies during the training process violates their exclusive reproduction rights under the Copyright Act. Given that the training images aren’t stored in the software itself, the initial scraping is really the only reproduction that’s taken place.”

“Nor does the complaint allege that any output images are infringing reproductions of any of the plaintiffs’ works. Indeed, plaintiffs concede that none of the images provided in response to a particular text prompt “is likely to be a close match for any specific image in the training data.””

“Instead, the lawsuit is premised upon a much more sweeping and bold assertion—namely that every image that’s output by these AI tools is necessarily an unlawful and infringing “derivative work” based on the billions of copyrighted images used to train the models.”

“There’s another, more fundamental problem with plaintiffs’ argument. If every output image generated by AI tools is necessarily an infringing derivative work merely because it reflects what the tool has learned from examining existing artworks, what might that say about works generated by the plaintiffs themselves? Works of innumerable potential class members could reflect, in the same attenuated manner, preexisting artworks that the artists studied as they learned their skill.”

My thoughts on generative AI: how anti-AI rhetoric helps Big Tech (and harms open-source/independents), how there’s no such thing as “real art”

The AI landscape is still evolving and being negotiated, but fear-mongering and tighter regulations seldom serve anyone’s favour besides big companies. It’s the oldest trick in the book to preserve monopoly and all big corps in major industries have done this. Get a sense of the issue in this article: https://www.forbes.com/sites/hessiejones/2023/04/19/amid-growing-call-to-pause-ai-research-laion-petitions-governments-to-keep-agi-research-open-active-and-responsible/?sh=34b78bae62e3

“AI field is progressing at unprecedented speed; however, training state-of-art AI models such as GPT-4 requires large compute resources, not currently available to researchers in academia and open-source communities; the ‘compute gap’ keeps widening, causing the concentration of AI power at a few large companies.”

“Governments and businesses will become completely dependent on the technologies coming from the largest companies who have invested millions, and by definition have the highest objective to profit from it.”

“The “AGI Doomer” fear-mongering narrative distracts from actual dangers, implicitly advocating for centralized control and power consolidation.”

Regulation & lawsuits benefit massive monopolies: Adobe (which owns Adobe Stock), Microsoft, Google, Facebook et al. Fighting lawsuits, licensing with stock image companies for good PR—like OpenAI (which Microsoft invested $10billion in) and Shutterstock—is a cost which they have ample resources to pay, to protect their monopoly after all that massive investment in ML/AI R&D. The rewards outweigh the risks. They don't really care about ethics, only when it annihilates competition. Regulatory capture means these mega-corporations will continue to dominate tech, and nobody else can compete. Do you know what happens if only Big Tech controls AI? It ain’t gonna be pretty.

Open-source is the best alternative to Big Tech. Pro-corporation regulation hurts open-source. Which hurts indie creators/studios, who will find themselves increasingly shackled to Big Tech’s expensive software. Do you know who develops & releases the LAION dataset? An open-source research org. https://laion.ai/about/ Independent non-profit research orgs & developers cannot afford harsh anti-competition regulatory rigmarole, or multi-million dollar lawsuits, or being deprived of training data, which is exactly what Big Tech wants. Free professional industry-standard software like Blender is open-source, copyleft GNU General Public License. Do you know how many professional 3D artists and businesses rely on it? (Now it’s development fund is backed by industry behemoths.) The consequences of this kind of specious “protest” masquerading as social justice will ultimately screw over these “hurt artists” even harder. It’s shooting the foot. Monkey’s paw. Be very careful what you wish for.

TANSTAAFL: Visual tradespeople have no qualms using tons of imagery/content floating freely around the web to develop their own for-profit output—nobody’s sweating over source provenance or licensing whenever they whip out Google Images or Pinterest. Nobody decries how everything is reposted/reblogged to death when it benefits them. Do you know how Google, a for-profit company, and its massively profitable search product works? “Engines like the ones built by OpenAI ingest giant data sets, which they use to train software that can make recommendations or even generate code, art, or text. In many cases, the engines are scouring the web for these data sets, the same way Google’s search crawlers do, so they can learn what’s on a webpage and catalog it for search queries.”[1] The Authors Guild v. Google case found that Google’s wholesale scanning of millions of books to create its Google Book Search tool served a transformative purpose that qualified as fair use. Do you still use Google products? No man is an island. Free online access at your fingertips to a vast trove of humanity’s information cuts both ways. I’d like to see anyone completely forgo these technologies & services in the name of “ethics”. (Also. Remember that other hyped new tech that’s all about provenance, where some foot-shooting “artists” rejected it and self-excluded/self-harmed, while savvy others like Burnt Toast seized the opportunity and cashed in.)

There is no such thing as “real art.” The definition of “art” is far from a universal, permanent concept; it has always been challenged (Duchamp, Warhol, Kruger, Banksy, et al) and will continue to be. It is not defined by the degree of manual labour involved. A literal banana duct-taped to a wall can be art. (The guy who ate it claimed “performance art”). Nobody in Van Gogh’s lifetime considered his work to be “real art” (whatever that means). He died penniless, destitute, believing himself to be an artistic failure. He wasn’t the first nor last. If a soi-disant “artist” makes “art” and nobody values it enough to buy/commission it, is it even art? If Martin Shkreli buys Wu Tang Clan’s “Once Upon a Time in Shaolin” for USD$2 million, is it more art than their other albums? Value can be ascribed or lost at a moment’s notice, by pretty arbitrary vicissitudes. Today’s trash is tomorrow’s treasure—and vice versa. Whose opinion matters, and when? The artist’s? The patron’s? The public’s? In the present? Or in hindsight?

As for “artists” in the sense of salaried/freelance gig economy trade workers (illustrators, animators, concept artists, game devs, et al), they’ll have to adapt to the new tech and tools like everyone else, to remain competitive. Some are happy that AI tools have improved their workflow. Some were struggling to get paid for heavily commoditised, internationally arbitraged-to-pennies work long before AI, in dehumanising digital sweatshop conditions (dime-a-dozen hands-for-hire who struggled at marketing & distributing their own brand & content). AI is merely a tool. Methods and tools come and go, inefficient ones die off, niches get eroded. Over-specialisation is an evolutionary risk. The existence of AI tooling does not preclude anyone from succeeding as visual creators or Christie’s-league art-world artists, either. Beeple uses AI. The market is information about what other humans want and need, how much it’s worth, and who else is supplying the demand. AI will get “priced in.” To adapt and evolve is to live. There are much greater crises we're facing as a species.

I label my image-making posts as #my art, relative to #my fic, mainly for navigation purposes within my blog. Denoting a subset of my pieces with #ai is already generous on this hellsite entropy cesspool. Anti-AI rhetoric will probably drive some people to conceal the fact that they use AI. I like to be transparent, but not everyone does. Also, if you can’t tell, does it matter? https://youtu.be/1mR9hdy6Qgw

I can illustrate, up to a point, but honing the skill of hand-crafted image-making isn’t worth my remaining time alive. The effort-to-output ratio is too high. Ain’t nobody got time fo dat. I want to tell stories and bring my visions to life, and so do many others. It’s a creative enabler. The democratisation of image-making means that many more people, like the disabled, or those who didn’t have the means or opportunity to invest heavily in traditional skills, can now manifest their visions and unleash their imaginations. Visual media becomes a language more people can wield, and that is a good thing.

Where I’m personally concerned, AI tools don’t replace anything except some of my own manual labour. I am incredibly unlikely to commission a visual piece from another creator—most fanart styles or representations of the pair just don’t resonate with me that much. (I did once try to buy C/Fe merch from an artist, but it was no longer available.) I don’t currently hawk my own visual wares for monetary profit (tips are nice though). No scenario exists which involves me + AI tools somehow stealing some poor artist’s lunch by creating my tchotchkes. No overlap regarding commercial interests. No zero-sum situation. Even if there was, and I was competing in the same market, my work would first need to qualify as a copy. My blog and content is for personal purposes and doesn’t financially deprive anyone. I’ll keep creating with any tool I find useful.

AI art allegedly not being “real art” (which means nothing) because it's perceived as zero-effort? Not always the case. It may not be a deterministic process but some creators like myself still add a ton of human guidance and input—my own personal taste, judgement, labour. Most of my generation pieces require many steps of in-painting, manual hand tweaking, feeding it back as img2img, in a back and forth duet. If you've actually used any of these tools yourself with a specific vision in mind, you’ll know that it never gives you exactly what you want—not on the first try, nor even the hundredth… unless you're happy with something random. (Which some people are. To each their own.) That element of chance, of not having full control, just makes it a different beast. To achieve desired results with AI, you need to learn, research, experiment, iterate, combine, refine—like any other creative process.

If you upload content to the web (aka “release out in the wild”), then you must, by practical necessity, assume it’s already “stolen” in the sense that whatever happens to it afterwards is no longer under your control. Again, do you know how Google, a for-profit company, and its massively profitable search product works? Plagiarism has always been possible. Mass data scraping or AI hardly changed this fact. Counterfeits or bootlegs didn’t arise with the web.

As per blog title and Asimov's last major interview about AI, I’m optimistic about AI overall. The ride may be bumpy for some now, but general progress often comes with short-term fallout. This FUD about R’s feels like The Caves of Steel, like Lije at the beginning [insert his closing rant about humans not having to fear robots]. Computers are good at some things, we’re good at others. They free us up from incidental tedium, so we can do the things we actually want to do. Like shipping these characters and telling stories and making pretty pictures for personal consumption and pleasure, in my case. Most individuals aren’t that unique/important until combined into a statistical aggregate of humanity, and the tools trained on all of humanity’s data will empower us to go even further as a species.

You know what really hurts people? The pandemic which nobody cares about; which has a significant, harmful impact on my body/life and millions of others’. That cost me a permanent expensive lifestyle shift and innumerable sacrifices, that led me to walk away from my source of income and pack up my existence to move halfway across the planet. If you are not zero-coviding—the probability of which is practically nil—I’m gonna have to discount your views on “hurt”, ethics, or what we owe to each other.

We are a non-profit organization with members from all over the world, aiming to make large-scale machine learning models, datasets and related code available to the general public. OUR BELIEFS: We believe that machine learning research and its applications have the potential to have huge positive impacts on our world and therefore should be democratized. PRINCIPLE GOALS: Releasing open datasets, code and machine learning models. We want to teach the basics of large-scale ML research and data management. By making models, datasets and code reusable without the need to train from scratch all the time, we want to promote an efficient use of energy and computing ressources to face the challenges of climate change. FUNDING: Funded by donations and public research grants, our aim is to open all cornerstone results from such an important field as large-scale machine learning to all interested communities.

The “AGI Doomer” fear-mongering narrative distracts from actual dangers, implicitly advocating for centralized control and power consolidation.”

[thesingingrevolution]

Dark Moon: The Blood Altar Theory Based on the “Fever” Music Video

Part IV

Before, I was wondering where this all fell in the timeline, but if I’m correct, it would mean that the spell was broken before the events demonstrated in Drunk-Dazed. I had originally theorized this before remembering the library chapter, mostly because I thought Sooha and Heli’s (Heeseung’s character) heart to heart after the birthday party was important to say the least (tree scene, anyone? 🫠).

I believe the spell they were under made it impossible for them to feel romantic love. This makes sense because love comes with an inherent vulnerability. Being attached to someone like that is a “weakness,” a liability, if you will. Perhaps it’s just Sooha’s strong aura, and I don’t necessarily think they would fall in love with random people, but it may just be a side effect of the greater spell.

As for the paradox(xx)ical statements in the lyrics, (like “please stop, don’t stop” and “release me, embrace me”) they are reflective of feeling these strong emotions for the first time, or at least for the first time in a long time.

The confusion may be referencing the shock of it all, like being told something is impossible all your life and then it happens to you.

My reasoning behind all this is because later in the music video, Sunghoon’s heart is shown with the object Ni-ki used to hypnotize him wrapped around it.

I believe this substantially corroborates my idea of how the hypnosis did not allow their hearts to feel love in that way.

I know many people don’t think (or are in denial lol) that Heeseung’s character feels romantic love for Sooha, but in my opinion, he does. The Fever lyrics are so romantic too hahaha. As for the feelings of the other guys, including the &Team members (especially K/Khan), that’s too much for me to consider now.

But I am thinking about it. Judging from what we recently saw in the flashback episode to Sooha’s arranged marriage in the previous timeline, I do think Heeseung’s character truly loves her like that (alongside a thousand other examples… leave me alone I’m vicariously living my y/n life through Sooha).

I believe the darkness shown at the beginning of the video in the past timeline (which takes place a long time before the rest of the MV, before Day One), may be the hypnosis taking effect.

As I’ve previously established, we know Ni-ki can control “the darkness,” and I believe said darkness may very well be what caused the hypnosis. The following line is also included in Noa’s (Ni-ki’s character) profile: “he shines even in the darkest places,” which leads me to believe he isn’t affected by the darkness, so he was essentially conscious of it all taking place. Also, “shines” may be a deliberate diction choice, referring to the aforementioned glitter.

Part I | Part II | Part III | Part V

[fancypaintershark]

Moseley Collins Law’s Approach to Complex Truck Accident Cases in Seattle

Introduction

In the bustling city of Seattle, where the roads Seattle car accident lawyer are best auto accident law firm Seattle often congested and the weather can be unpredictable, truck accidents are an unfortunate reality. The complexities surrounding these incidents can be overwhelming for victims and their families. Navigating the legal landscape after a truck accident requires not only expertise but also a compassionate approach. Moseley Collins Law stands out as a beacon of support for those affected by such traumatic events. This article delves deep into Moseley Collins Law's approach to complex truck accident cases in Seattle, showcasing their experience, expertise, and commitment to securing justice for their clients.

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When it comes to handling complex truck accident cases, Moseley Collins Law employs a multifaceted strategy that prioritizes client well-being while leveraging comprehensive legal knowledge. Their approach is rooted in understanding the unique challenges posed by truck accidents, which differ significantly from typical car accidents due to factors such as:

Multiple parties involved (truck drivers, trucking companies, insurance providers) Federal regulations governing trucking operations The sheer size and weight of commercial vehicles Understanding Truck Accidents: A Unique Challenge

Truck accidents present distinct challenges that require specialized knowledge and resources. For instance, determining liability can be complicated due to:

The involvement of corporate entities Vicarious liability issues related to employer negligence Potential third-party claims against manufacturers or maintenance providers

Moseley Collins Law has honed its ability to navigate these complexities effectively, ensuring that clients receive the representation they deserve.

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One cornerstone of Moseley Collins Law's methodology is thorough investigative work. This involves gathering crucial evidence such as:

Accident reports Witness statements Black box data from trucks Maintenance records

By meticulously compiling this information, they can build a robust case that highlights the fault and negligence of responsible parties.

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Choosing the right legal representation after a truck accident is vital for achieving favorable outcomes. Here’s why Moseley Collins Law should be your first choice:

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At the heart of Moseley Collins Law is a