The Main Types of Fungi

Essay about Cell Phone Use While Driving should be Banned...

Cell Phone Use While Driving should be Banned in all States Imagine you are driving down the road and you begin to notice the car in front of you is swerving. You start to wonder if the driver may be under the influence; you keep a close watch on the car, but keep your distance for safety precautions. All of a sudden the driver slams on their brakes to avoid hitting a pedestrian and you end up rear-ending them. Later you discover that the driver was texting on their phone and almost hit the pedestrian because their attention was elsewhere. How would that make you feel? Now, you have to pay to repair the damages on not only your car, but the other driver’s car as well. I believe that cell phone use while driving should be banned in all†¦show more content†¦Once a driver gets on their phone, they also may decrease in speed because they are not focusing on the speedometer, which could lead to other drivers becoming agitated. Then the other drivers may exhibit road rage w hich could become dangerous to others on the road. A driver’s focus should always remain on the road. If one is on their phone they cannot see or hear what is happening around them. A driver being on the phone while driving is one of the biggest distractions drivers today face. Lastly, cell phone use while driving should be banned because it can become dangerous for oneself as well as others on the road. Not only does cell phone use for drivers endanger other people, it endangers the life of the operator itself. Drivers can run off the road into trees, ditches, or poles; they may also run into other cars or drift into oncoming traffic. Using a cell phone while driving also puts other drivers on the road in danger; if a driver is texting, their eyes are on their phone and they may not see the car in front of them stopping, which will lead into a wreck that could injury someone. I believe all states should ban all use on cell phones while driving. I feel by doing this, drivers may stay safer. There are already laws in some states prohibiting the use of phones. A driver using the phone while driving will become distracted, which takes their attention away from the road. If one is not focused on the road, thenShow MoreRelatedCell Phone Dangers While Driving1046 Words   |  5 PagesCell-Phone Dangers While Driving Introduction Today, we use our cell phones for just about anything and everything to include; texting, talking to our loved ones, and connecting with the rest of the world via social media. Cell phones have become a natural way of life to where we pick up our phones and use them like second nature. However, the dangers present themselves when we get behind the wheel of a car and carry these habits of cell phone addictions with us. If all states ban the use of cellRead MoreEssay on Get Off The Phone!!! While Driving...584 Words   |  3 Pagesfor cell phone banning. One of the worst train accidents in U.S history occurred when a conductor exchanged text messages on his phone while operating the train. People in the United States are often pulled over for cell phone use and cited. This issue has sparked big controversy with lawmakers. The use of a cell phone is not the only distraction while driving but it is known that it could potentially cause disaster like discussed above. The result of this has caused many states to outlaw cell phoneRead MoreDangers Of Cell Phones1241 Words   |  5 PagesEven though cell phones can be used as navigators and for quick communication. They can still lead us to car crashes and death departures in families. In most cases, cell phones being the chief culprit. Cell phone use in the car can cause brain distractions, addiction towards drivers and deteriorate driving skills. Altogether these reasons show that cell phone usage should be banned while driving, in order to prevent death and unnecessary trauma. Firstly, cell phones should be banned because theyRead MoreEssay on Cell Phone Use Should be Banned While Driving985 Words   |  4 PagesYou are driving down the road in your brand new Cadillac Escalade. The sky is bright blue without a cloud in the sky. Your phone rings and you answer it. You start talking and get deeply involved in the conversation. Before you know it, you just ran a red light and get side swiped by a school bus. Your life is now upside down. Finally, you are able to pull yourself out of your new Escalade with no injury. However, a few of the students have been injured and one killed. Now you have to liveRead MoreCell Phone Use While Driving1114 Words   |  5 PagesToday, we use our cell phones for just about anything and everything to include; texting, talking to our loved ones, and connecting with the rest of the world via social media. Cell phones have become a natural way of life to where we pick up our phones and use them like second nature. Howeve r, the dangers present themselves when we get behind the wheel of a car and carry these habits of cell phone addictions with us. If all states ban the use of cell phones while driving, then there would be a reducedRead MoreCell Phone Use While Driving1503 Words   |  7 Pagesforth over the lines or driving at very inconsistent speeds. You wonder what could possibly be causing the driver to drive so erratically. Is the driver drunk? Is the driver preoccupied with eating his or her lunch? Is the driver busy attending children in the backseat? Once you pull along the side you realize that was not the case, instead you notice the driver has a cellular telephone up to her or his ear chatting away, or even worse you pass and see the driver holding a phone texting, you pass byRead MorePersuasive Essay on Cell Phone Driving1100 Words   |  5 PagesThe use of cell phones in drivers have been linked too frequently in accidents. There are too many distractions in life as it is, are we so arrogant to think that we are such amazing drivers that we can do several things at once? Most accidents involving cell phones wouldn t have happened if the driver wasn t distracted. When we drive that should be the only activity we are doing. Posted by: Gri5Helpful Report Post Like Reply 0 0 Cell phone usage while drivingRead MoreTexting While Driving1688 Words   |  7 PagesCell Phone Alert What in the world would people do without their cell phones? These handy little devices have proven to be incredibly useful time and time again. Need to make a phone call while already out? Break out that cell phone and call whomever is needed; it is just that easy. Need to get a message to someone but not in a position to talk? Send a text message and get things squared away in just a few seconds. Nowadays, cell phones even come with all kinds of games and other fun applicationsRead MoreDistracted Driving Is The Most Dangerous Distraction Essay870 Words   |  4 PagesAll states should enforce laws prohibiting distracted driving by understanding the risk factors, and the effects of distracted driving. 1 Topic A: Details B: Quotations C: Example 1: Explanation 2. Analysis What is Distracted driving? Texting is the most dangerous distraction because it requires visual, manual, and cognitive attention (Facts and Statistics). Distracted driving is an increasing problem in the United States and among younger drivers. According to reports, distracted drivingRead MoreCell Phones While Driving1322 Words   |  6 PagesShould cell phone use be banned while driving? Since the mid–1990’s, cell phones have been a part of our daily lives. Cell phones allow us to communicate with anyone, anytime, and anywhere even while we are driving, they are convent and make our lives easier. But is it safe to use a cell phone to talk, text, take pictures, surf the web, etc. while driving? Many drivers, especially young drivers think so. Many drivers do not think that glancing down at a cell phone for a few seconds to send or

The Article Hacking As Politically Motivated Digital...

Critical Essay In the article Hacking as Politically Motivated Digital Civil Disobedience: Is Hacktivism Morally Justified? by Kenneth Einar Himma, She argues that the as an electronic civil disobedience, hacktivism is morally impermissible. Kenneth claims that the acts of civil disobedience is not always morally permissible because the nature of it is disobeying the state of the law and it is more expressive than the right to free speech. Then she discusses the framework to evaluate acts of civil disobedience in both sides of favoring and against the civil disobedience. Ultimately, she argues that hacktivism as a kind of electronic civil disobedience is impermissible because of its moral disvalue to the society when applied the evaluation framework to it. Despite Kenneth argues that hacktivism is morally impermissible due to its moral disvalue by referring that hacker are trying to get away from punishment and negatively affect innocent third party, I believe that non-malicious hacktivism is morally permissible. I will attack her points by arguing if the intellectual property rights is unnecessary, there will not be any legitimate punishments. Then from the utilitirism side, I will discuss the moral value or benefits of hacktivism is over its moral disvalue to the whole society. Kenneth first premise is that hacktivism with political motivation is digital civil disobedience. She argues that the characteristics of hacktivists and the motivation of the act decidedShow MoreRelatedOne Significant Change That Has Occurred in the World Between 1900 and 2005. Explain the Impact This Change Has Made on Our Lives and Why It Is an Important Change.163893 Words   |  656 Pagesthey compare in imaginative ways the similarities and differences among diverse flows in different geographical areas and across ethnic communities and social strata. They consider not only the nature, volume, and direction of migrant movements motivated primarily by opportunities for economic advancement—including the massive movement of rural agriculturalists to rapidly growing urban areas—but also the often-neglected displacements of populations that resulted from the wars, revolutions, and naturalRead MoreDeveloping Management Skills404131 Words   |  1617 Pagestraditional lecture/discussion format, we are sometimes asked this question by students, especially those who have relatively little work experience. Reason #1: It focuses attention on what effective managers actually â€Å"do. † In an influential article, Henry Mintzberg (1975) argued that management education had almost nothing to say about what managers actually do from day to day. He further faulted management textbooks for introducing students to the leading theories about management while ignoring

Film The Stage Of Innovation - 1067 Words

During the mid to late years of the 19th century, a new form of entertainment emerged. Film entered the stage of innovation. New marketing and technological innovations developed for film to become the art it is today. In the 1830s, Joseph Plateau designed the Phenakistoscope. This device had a picture in the middle of a wheel made with mirrors and small openings. When spun, the Phenakistoscope made the picture appear to move. The name changed to Zoetrope in the 1860s and producers advertised the product as an accessory every home needed (Dixon Foster, 2008). Later inventions that preceded the first motion picture camera include: Henry Du Mont’s Omiscope, Henry R. Heyl’s Phasmatrope, Eadweard Muybridge’s Zoà ¶praxiscope, Etienne-Jules Marey’s fusil photographique and Eastman Kodak’s chronophotographs (Parkinson, 1997). With a design by Thomas Edison, William Kennedy Laurie Dickson built the first modern movie camera, the Kinetograph, in 1890 (Dix on Foster, 2008). In 1895, Auguste and Louis Lumià ©re patented the Cinà ©matographe, a machine that combined the engineering of a camera and a projector (Bergan, 2006). Businessmen capitalized on the growing need for a place to witness these brand new films, thus they charged people to see them in their living rooms (Potter, 2014). These creations made movie-making a reality. Directors during film’s innovation period The art of film made it’s way into the penetration stage around the turn of the century and remained there untilShow MoreRelatedFilm : The Stage Of Innovation1296 Words   |  6 Pagesstarting in innovation. Film has been around since the 1800s and now, in 2015, it is in its adaptation stage. Like many other markets of media, film peaked when it was making the most money and everyone’s attention was on it and eventually declined when a new media became popular. From being completely new and innovative to repetitive and niche-oriented, the art of film has lasted over 100 years. During the mid to late years of the 19th century, a new form of entertainment emerged. Film entered theRead MoreKodak Vs. Digital Photography825 Words   |  4 PagesIn consumer film photography, Kodak was clearly the market-leading incumbent. Based on the information provided in the case it was certainly possible for Kodak to have become the leader in consumer digital photography if they had followed the actions described below. Kodak’s top management and its internal research team had anticipated the threat from the digital photography to their film photography business way back in 1980s. In fact, Kodak introduced the world’s first electronic image sensorRead MoreCase Study: â€Å"the Hollywood Film Industry and the Role of Knowledge Network Organization†700 Words   |  3 Pagesadvantages of independent film making. New faces have been introduced. Actors can step outside typical typecast roles. Based on one’s creativity. Low-budget film making. Allows the artist to circumvent excessive studio control on their projects Directors can craft their own unique vision. Writers can often see their scripted vision through the entire development process. Did not have permanent staff and would bring people together to make a film on short term contract basisRead MoreThe Decline Of The Film Industry Essay1360 Words   |  6 Pages Like other major innovations such as the automobile,  electricity,  chemicals and the airplane,  cinema emerged in most Western countries at the same time.  As the fundamental form of industrialized entertainment,  it was very pervasive. From the 1910s onwards,  each year billions of cinema tickets were sold and consumers who did not regularly consult the cinema became a minority.  For examples,  in Italy,  the film industry was the fourth largest export industry before the First World War,  but today hardlyRead More The Impact of Digital Technology on the Film Industry Essay1626 Words   |  7 PagesThe Impact of Digital Technology on the Film Industry The purpose of this research assignment is to put forward a convincing argument in how digital technology in the last four years have completely revolutionised the whole film industry. This thesis will attempt to focus on the main disciplines of film making and the impact that technology has had on each area. Firstly, this article will look at recent changes in the pre-production area of film making followed by what new equipment and storageRead MoreEssay on Film Realism965 Words   |  4 PagesComplete Film The introduction of sound films in the late 1920’s was a divisive issue among those involved and interested in the emerging motion picture industry. Even though it wasn’t the sudden breakthrough it is often perceived to be, the addition of sound and voice to mainstream cinema revolutionized movie making and led to conflicting viewpoints as to whether or not this innovation was a positive progression for film as an art and as an industry. While the addition of sound to films was generallyRead MoreFilm Analysis Of Citizen Kane1143 Words   |  5 PagesCitizen Kane was rife with innovations in cinematic technique and introduced many new and unique aspects of mise-en-scà ¨nà © that would thrive in films to come. Orson Welles was a young visionary whose career had been limited to stage production and radio until his first film, Citizen Kane. Uniquely, as someone new to the film industry, he retained full creative control of his very first project, co-writing, producing, directing, and starring as Kane himself. This unfounded level of trust for a newcomerRead MorePostwar America: The Golden Age of Television Essay1255 Words   |  6 Pagesthe four main television networks that ran stations with regular programming taking place. (Television, 2003) While regular television programming was a new innovation, the television itself had been commercially available for over twenty years prior to the 50s. It was conceived b y many worldly innovators and went through several testing stages before it was finally completed in the late twenties. The three main innovators were Niplow - who first developed a rotating disk with small holes arrangedRead MoreHistorical Analysis of the Movie, Citizen Kane Essay1699 Words   |  7 Pagesground-breaking work. In narrative structure and film style, Welles challenged classical Hollywood conventions and opened a path for experimentation in the later 1940s. Gregg Toland’s deep-focus cinematography and Welles’ use of low-key lighting are often discussed aspects of the movie. True, these were areas of innovation, but when watching the movie in class I was particularly struck by the use of camera movement, or â€Å"mobile framing† as described in Film Art. In this historical analysis, I will takeRead MoreThe Era Of The Roaring Twenties1623 Words   |  7 Pages1920s to today. One of the several impacts that influenced America drastically in the 20 s to today, was the boom in feature movies/the movie industry. Things that it greatly impacted, was our culture, lifestyle, career field, and our technological innovation. The creation of motion pictures, movies with sound, and talkies had an immense alteration on society’s entertainment. One thing that movie entertainment fulfilled was attracting people to the big screen. For example, I can introduce this quote:

Consumer Society Is a Divided Society Free Essays

TMA 2 Consumption has great control on individual’s lives, the whole development, contemporary UK and the rest of the world. Consumer society is characterization used to explain a society that is defined by the way individuals acquire goods, how they use them and the disposal of these goods. (Hethering, 2009, p. We will write a custom essay sample on Consumer Society Is a Divided Society or any similar topic only for you Order Now 33). Consumption comprises of individual that acquire goods for personal use and those that acquire for manufacturing and resale. However Social Scientist comes in to try and analyse consumer behaviour when acquiring these goods. The question now is whether the consumer society is a divided society. Some view consumer society as divided society and others see it as a society that acquires goods for personal use and that reflects personality and individuality. For some consumer society is not only about purchasing good for essesntial use but also as a way of trying to get a sense of belonging in society. Social Scientist Zygmun possed a question on whether the ability to be part of a consumer society was equally available to everyone. (need referencing. )Bauman’s concept of seduced and repressesd consumers visualise inequalities and differences created by a consumer society. Bauman, claims that we live in a consumer society where divisions are entranched not by class, but by the economic ability to consume. (Hethering,2009,p. 25) Buman described the consumer society by dividing them into two group, the seduced and the repressed. The seduced being the weathy, highly paid professional. This group often run an expensive lifestyle, for example buying expensive houses, cars, designer clothes etc. The repressed as the ones that are not employed, on low paid jobs, the disabled and many others. Hethering,2009,p. 25). this concept in Bauman’s view reflects his understanding in consumer division. How to cite Consumer Society Is a Divided Society, Essay examples

Poetry and Literature Essay Example For Students

Poetry and Literature Essay The information being presented and the authors purpose determine how the writer organizes the concepts and ideas. Text Structure 2. What should be your primary concern when reading literature? Recognize the differences and similarities in real life experience 3. Literature leads us to the life of man, society, culture, and tradition. understand 4. How does literature affect you as readers? Molds man as a total human being 5. In literature you can witness different emotions and struggles of life True 6. A poem that expresses the emotions, feelings and observations of the writer. Unlike narrative poem, it presents an experience or a single effect, but It does not tell a full story. Lyric Poetry 7. It Is a long, formal lyric poem with a serious theme. It often honors people. Commemorative events, respond to natural scenes, or consider serous human problems. Ode 8. All characteristics are involve in literary writing except for: Power 9. Which type of fugue of speech does this statement fall he was brave as lion Simile 10. Spelling and grammar advancement are skills that can be improved in reading literature. True 11 . Statement A: The literary pieces bring you to the roots of the worlds culture, ND human condition Statement 3: Thus, you will only gain about the historical background of a particular place. Statement Is True while Statement 8 Is False 12. In writing literature, amateur or not, creativity will always take place regardless its form in literature. True 13. When writing a literary piece, authors and writers can separate their personality from their work. False 14. The famous author who said that Literature is a performance in words. Robert Frost 15. Most of the epics are handed down orally from generation to another as part of the oral tradition of certain notions, until they translated Into writing. True 16. Which type of figure of speech does this statement fall necessity Is the mother of Invention -? Metaphor 17. How Is autobiography different from memoir? Longest Answer 18. It rete lls in a continuous narrative the life and works of a heroic or mythological person or group of persons. It is considered as the oldest form of literature since its existence is known to be along the ancient history. Epic 19. Since essays are under nonfiction type of literature, it could mean that essays also discuss the creative and imaginative side of a particular concept by which the author has Invented. True 20. This element of poetry ascribes the rhyme and rhythm of poetry. Sounds 21 . To appreciate the essence and importance of literature, one must not open his mind to the different perspective of it so confusion would not set in. False 22. How is ballad poetry similar to epic poetry? They are both narrative poetry 23. It is an entertainment which also opens up our minds to the world of possibilities Literature 24. The reason an author writes an article Is called . Audience 25. Literature enhances the different skills of a person which result to knowledge and creativity enrichment. True 26. Sonnet Is one of the types of poem has nines yet different rhyming scheme depending on its kind. 14 27. In actual life, you dont gather so much information in literature which could help you enhance your personal skills. False 28. A language that cannot be taken literally which also needs deeper understanding Figurative Language 29. Literature came from the Latin word Literal which means letter 30. A language, from wide range of subjects, characters, life experiences, and emotional situations. The characters are ordinary people concerned with ordinary events. The Metrical Tale 31 . Out in the porchs sagging floor, Leaves got up in a coil and hissed, Blindly struck at my knee and missed Metaphor 32. Literature is a performance in words. This means that . Literature is like a drama. 33. As a part of the growing field of literature, literature influences and molds life. True 34. Literature provides not only entertainment but also information that enriches your mind. True 35. Literature usually represents shapes man not only as a professional but by feeling or atmosphere in poetry. Mood All of the given choices 36. Literature . Personality 37. It is the 38. The information being presented and the authors purpose in a nonfiction iterate determine how the writer organizes the concepts and ideas. True 39. Michelangelo by Rhys Carpenter EssayWhich type of figure of speech does this statement fall Well, son, Ill tell you: Life for me anti been no crystal stair. Its had tacks in it, And splinters, And boards torn up, And places with no carpet on the floor-Bare. (Longs Hughes, Mother to Son) Metaphor 40. What is the underlying concept of drama? A type of literature which is meant to be played on stage. 41 . A lyric poetry which includes all poems that do not fall under ode, song, elegy, and sonnet. Simple lyric 42. Statement A: You enjoy bout the comedies and tragedies of the life of man expressed in poems, short stories, and play. Statement B: As you enjoy literature, you will learn to understand more about life. Both statements are true 43. A fiction is a form of literature which may be based on real experiences YET is made out of ones creative mind. False 44. World literature is greatly composed by different literary works which can be the connections to actual life situations and art appreciation. True 45. Arsenic Tan describe literature as human . experience 46. It is a song that tells a story, often one dealing with adventure or romance. Ballad 47. One of the distinguishing natures of fiction literature is that it can be broken down into sub-categories; autobiography, biography, memoirs, essay. False 48. Movement, speaking, entering, exiting. These words describe the in drama. Stage directions 49. Based on the definition of literature of Henry Van Dyke, what does the author contribute to literature in artistic form? personality 50. Shakespeare is known to be one of the greatest playwrights of the renaissance period. Since drama emerged during this period, Shakespearean dramas were divided into what types? Tragedy, comedy, classical, or history

Case Study - Badenach v Calvert Free-Samples -Myassignmenthelp.com

Question: Analysing a Case Study - Badenach v Calvert. Answer: The case of Badenach Another v Calvert has elicited a lot of response from the legal profession due to its recent decision in the case of professional negligence with respect to legal practitioners and third parties. The legal facts of the case are that: Mr. Jeffrey Doddridge, testator herein, retained the services of Mr. Robert Badenach, Solicitor and Appellant herein, to prepare a will to dispose of all his estate.[1] The instructions given to the Appellant by the testator were that the beneficiary of his estate be the Respondent herein, Mr. Roger Wayne Calvert, the son of the deceaseds de-facto partner.[2] The testator did not avail any other information as to the existence of other family members[3] and the Appellant proceeded with the instructions of the testator and prepared the will leaving all the estate of the testator to the Respondent. A daughter of the testator from a previous marriage challenged the will and brought an action for family provision proceedings which she succeeded and was awarded provision as well as costs of the suit the result of which amounted to depletion of the estate which was not vast. Upon the successful litigation of the daughter, the Respondent herein sued Badenach and his firm for professional negligence. His argument in support of the claim was that the Badenach failed to properly advice the testator the effects of the will as drawn to other family members with respect to family provisions and the available means of averting such an eventuality. The Respondents specific argument was that Badenach failed to offer legal advice to the testator that converting the testators assets and those of the Respondent to make joint tenancy would ensure that the Respondents share in the testators estate was safeguarded as the assets would have devolved automatically to the Respondent. Prior to the preparation of the contested will, Badenachs firm had on previous occasion prepared two wills one of which had contained a testamentary gift to devolve to the daughter.[4] Therefore, Badenach had the means of ascertaining the existence of the daughter. On trial, the Court dismissed the claim by the Respondent holding that the solicitors duty of care extending to inquiring about family members who could bring an action for family provision but was not satisfied, on a balance of probabilities, that the testator would have taken measures to defeat the interests of the family and ensure the Respondents interests as the sole beneficiary, were protected.[5] Dissatisfied with this decision, the Respondent appealed to the Supreme Court of Tasmania which appeal succeeded. In finding for the Respondent, the Court held that the Appellants duty to the testator went beyond inquiring about the existence of family members and the possibility of instituting family provision proceedings but also included giving advice on the options available to prevent the success of such proceedings. It was decided that this duty to the testator was co-existent with the duty to the beneficiary.[6] The Appellants appealed to the High Court. The Court allowed this Appeal and guidance was sought in the case of Hill v Van Erp[7] which authority recognized instances under which a duty of care was owed by legal practitioners to intended beneficiaries.[8] The Solicitor caused a will to be witnessed by a spouse of a beneficiary in the said will.[9] This voided the will and made the claim for negligence successful. However, this was distinguished from the instant case in that the will as drafted conformed to the legal requirements. The legal issue before the High Court was whether the duty of care and professional skill by the Solicitor owed to the client testator by the Appellant by virtue of the client/testators retainer extended to the duty to inquire about the existence of any family members and their legal redress in the event that they are exempt from provision of the will as well as duty to advise the client testator of the necessary steps to take to safeguard the interests of the Respondent beneficiary by averting the possibility of raising claims for maintenance through family provision. Faced with this legal issue, another issue arose which was deliberated at length. The issue before court was whether the Solicitor owed a duty of care to the Respondent to carry out the instructions of the testator in a manner that ensured the Respondent was the sole beneficiary to the exclusion of the daughter. [10]This issue was the main issued for determination from the lower court upto to the High Court. The High Court held that a duty of care was not owed to the Respondent as such a duty would have arisen from the retainer which was testamentary. The argument advanced by the Respondent that the Appellant ought to have advised the testator to convert the properties into joint tenancy distinguishes the testamentary gift as in joint tenancy the property would have devolved to the Respondent by operation of law outside of succession.[11] In arriving at its decision, the Court was of the opinion that even if the Appellant owed a duty of care to the Respondent, causation could not have been proved.[12] It was noted by the High Court that it is not enough to allege the existence of a duty of care. The Respondent failed to make a direct link between the loss suffered, that is, not enjoying the estate in its entirety and the failure by the Appellant to advice the testator on the effects of existence of family. The but for principle is the threshold used to assess causation in acts based on tort and having failed in this principle, the Respondent failed to prove his claim on a balance of probabilities. In determining this case, their Honours were guided by the principle in Hill v Van Erp[13] where the Court established that there are circumstances in which Solicitor owes a duty of care to the intended beneficiary that a breach of such duty will amount to a successful claim for professional negligence. This duty is to be derived from the retainer. However, the authority failed to clarify the duty owed to intended beneficiaries by solicitors. This insufficiency has led to conflicting decisions being made by courts. The lower courts as was the case in the instant case, stretched the duty to exercise care and professional skill from inquiring about the existence of family members and the possibility of instituting family provision proceedings to even advising the testator on the steps to take to avert that eventuality.[14] The case of Badenach v Calvert may have cured some of the problems that previous judicial decisions have had to deal with or created. For instance, the confusion on whether a solicitor must advise on severing a joint tenancy as was the case in Smeaton v Pattison.[15] The scope of the duty is to be derived from the retainer thus, the Solicitor is required to act within the context of the retainer (whether oral, implied or express). Certain acts by solicitors will however be held to be negligent even after the delivery of the Judgment in the instant case. Such actions are solicitors conduct that is so reckless that it invalidates the will or a testamentary gift. A good example is the case of the spouse of a beneficiary attesting to the execution of a will. The second reason is the failure to take reasonable steps to find and inform the executor of the existence, contents of the will, and its location. A violation of this duty is a violation of the testators testamentary wishes to dispo se of his estate in the manner in which he intended. The other reason is failure by the solicitor to produce the will within the timeframe agreed upon pursuant to the retainer or in the absence of a retainer, to a reasonable time to be determined by the circumstances of each individual case.[16] This case has set the threshold for determining the extend of a solicitors duty of care and professional skill to a third-party beneficiary. This is because the High Court was of the view that the duty owed to a client cannot be overridden by the rights and duties owed to a client which are inconsistent with those of the testator client. That in the case of a testator and beneficiary the rights and duties under the will are deemed to be coincident otherwise, the duty owed to the third-party beneficiary extinguishes.[17] The facts of the instant case and eventually the judgement of the High Court relieve legal practitioners of any obligations to conjure up means of averting any possible claims for family provision while drafting a will for disposition of the clients estate.[18] Most of the solicitors as a matter of good practice give advice on the issue of other family members and their remedies should they be exempt from provision by the will. The Court was of the view that a solicitor should advise the client best means of dealing with his assets prior to his death to ensure that after death, the execution will proceed in the manner the testator anticipated.[19] This however does not extinguish the possibility of challenging a will no matter what measures a solicitor undertakes to deliver the clients wishes. Bibliography Cases Badenach v Calvert [2016] HCA 18 Hill v Van Erp [1997] HCA 9; 188 CLR 159; 71 ALJR 487; 142 ALR Smeaton Orsv Pattison[2003] QCA 341 Other Sources Badenach V Calvert: Explaining The Scope Of A SolicitorS Duty To An Intended Beneficiary In A Will | Browne Linkenbagh Legal Services (2017) Browne Linkenbagh Legal Services https://brownelinkenbaghlegalservices.com.au/badenach-v-calvert-explaining-the-scope-of-a-solicitors-duty-to-an-intended-beneficiary-in-a-will/ Badenach V Calvery [2016] HCA 18 - Barry.Nilsson. Lawyers (2017) Bnlaw.com.au https://www.bnlaw.com.au/page/insights/insurance_alerts/professional_indemnity_financial_lines/badenach_v_calvery_2016_HCA_18/ Beneficiaries Considerations When Drafting A Will - Rostron Carlyle (2017) Rostron Carlyle https://rostroncarlyle.com/publications/beneficiaries-considerations-when-drafting-a-will/ Clark, Martin, Badenach V Calvert | Opinions On High (2017) Blogs.unimelb.edu.au https://blogs.unimelb.edu.au/opinionsonhigh/2016/05/11/badenach-case-page/ KWM | A SolicitorS Duty Of Care From Cradle To Grave: Badenach V Calvert [2016] HCA 18 (2017) Kwm.com https://www.kwm.com/en/au/knowledge/insights/solicitors-duty-of-care-from-cradle-grave-third-parties-20160520 Moschella, Adam, Solicitors Duty Of Care To Intended Beneficiaries - Macrossan Amiet Solicitors (2017) Macrossan Amiet Solicitors https://www.macamiet.com.au/2016/06/10/solicitors-duty-care-intended-beneficiaries-/ STEP Australia | Badenach V Calvert The High Court Provides Peace Of Mind For Estate Lawyers (2017) Stepaustralia.com https://stepaustralia.com/2016/10/22/the-high-court-provides-peace-of-mind-for-estate-lawyers/ The LawyerS Duty To The Will Maker - 2 Wentworth | Sydney Barristers (2017) 2 Wentworth | Sydney Barristers https://2wentworth.com.au/lawyers-duty-will-maker/ Ibid. Ibid. Supra n 1. Beneficiaries Considerations When Drafting A Will - Rostron Carlyle(2017) Rostron Carlyle https://rostroncarlyle.com/publications/beneficiaries-considerations-when-drafting-a-will/. Adam Moschella,Solicitors Duty Of Care To Intended Beneficiaries - Macrossan Amiet Solicitors(2017) Macrossan Amiet Solicitors https://www.macamiet.com.au/2016/06/10/solicitors-duty-care-intended-beneficiaries-/. (1997) 188 CLR 159 STEP Australia | Badenach V Calvert The High Court Provides Peace Of Mind For Estate Lawyers(2017) Stepaustralia.com https://stepaustralia.com/2016/10/22/the-high-court-provides-peace-of-mind-for-estate-lawyers/. The LawyerS Duty To The Will Maker - 2 Wentworth | Sydney Barristers(2017) 2 Wentworth | Sydney Barristers https://2wentworth.com.au/lawyers-duty-will-maker/. KWM | A SolicitorS Duty Of Care From Cradle To Grave: Badenach V Calvert [2016] HCA 18(2017) Kwm.com https://www.kwm.com/en/au/knowledge/insights/solicitors-duty-of-care-from-cradle-grave-third-parties-20160520. Badenach V Calvery [2016] HCA 18 - Barry.Nilsson. Lawyers(2017) Bnlaw.com.au https://www.bnlaw.com.au/page/insights/insurance_alerts/professional_indemnity_financial_lines/badenach_v_calvery_2016_HCA_18/. Martin Clark and View rarr;,Badenach V Calvert | Opinions On High(2017) Blogs.unimelb.edu.au https://blogs.unimelb.edu.au/opinionsonhigh/2016/05/11/badenach-case-page/. [1997] HCA 9. Badenach V Calvert: Explaining The Scope Of A SolicitorS Duty To An Intended Beneficiary In A Will | Browne Linkenbagh Legal Services(2017) Browne Linkenbagh Legal Services https://brownelinkenbaghlegalservices.com.au/badenach-v-calvert-explaining-the-scope-of-a-solicitors-duty-to-an-intended-beneficiary-in-a-will/. [2003] QCA 341. Supra n 14. Martin Clark and View rarr;,Badenach V Calvert | Opinions On High(2017) Blogs.unimelb.edu.au https://blogs.unimelb.edu.au/opinionsonhigh/2016/05/11/badenach-case-page/. Ibid. Supra n 18.