An Analysis of Jamacian Fragment Essay

The Jamaican Fragment is a story about a man, who during his regular walk to and from work encounters an irregularity he views as an act of inferiority. We can assume that the Jamaican Fragment is a real life experience, rather than a piece of fiction due to first person writing style. In the first paragraph the author uses visual imagery by describing the colors of the houses as well as the bungalow style house, which presents as the setting. We can start to conclude that the author is ethnic himself or very familiar with differentiating ethnic characteristics. In psychology we learn that the race we are born of, makes us better able to distinguish features and characteristics amoung our own culture. People often struggle distinguishing key characteristics in other races, ethnicities, and cultures. So when Hendricks refers to the one little boy as a â€Å"little Jamaican†, he is presenting us with the idea that he is ethnic. It is important to take notice of the fact that Hendricks may be of Jamaican descent as in the next line in the above mentioned sentence he calls the little boy a â€Å"strong Jamaican† and this sets the tone for the writer’s stance. Hendrick outlines his passion for his race as a â€Å"strong† race as opposed to weak and inferior. The definition of prejudice according to the Merriam Webster dictionary is as follows â€Å"a (1): preconceived judgment or opinion (2): an adverse opinion or leaning formed without just grounds or before sufficient knowledge . † Prejudice is a very controversial topic in our society that often incites anger and defensiveness in people. Hendricks essay Jamaican Fragment is a well written personal descriptive essay that addresses the idea of prejudice employing irony and humour so that the reader remains open-minded. Hendricks’ simple, relaxed style helps assist the reader through the story without preconceived notions or prejudices towards other ethnicities. There are several figures of speech used to entice the reader and the reflective mood of the essay allows us to reflect on our own thoughts and hopefully come to the same conclusions around prejudice. Hendricks’ style of the essay is very important in terms of what he wants the reader to experience and how he wants them to experience the story. Words that I would use to describe the tone would be casual, curious and ironic. The author uses everyday language to create the casual tone such as â€Å"The other little fellow was smaller, but also sturdy – he was white, with hazel eyes and light-brown hair. † (362) This casual tone permits everyone to read this essay; there is no prejudice against an educated or uneducated audience. The sentence structure used is also simple and casual. â€Å"For a whole day I puzzled over this problem. †(363) This excerpt from Jamaican Fragment is an excellent example of the curious tone that utilizes in this essay. He is taking the reader on a journey of self-discovery. The reader is also curious as to the game the children play, could it really be a game of inferiority? There is also a strong sense of irony throughout the entire essay, it is my belief that the author uses an ironic tone to further his argument around prejudice enable the reader to learn a moral lesson. â€Å"The exercise is good for me and now and then I learn something from a little incident†(362), is an example of Hendricks’ using foreshadowing as a literary technique. We know that he is going to learn something and we know by the end of the essay that â€Å"little† is very much an understatement. â€Å"How silly grown-ups we are, how clever we are, how wonderfully able we are to impute deep motives to childish actions! How suspicious we are when have been warped by prejudice! â€Å"(364) This illustrates the ignorance that Hendricks employs and the relationship between ignorance and prejudice. He also uses exclamation marks to emphasize the enormity of his misjudgment. Syncrisis is a figure of speech in which opposite things or persons are compared. (the free dictionary). Hendricks’ uses syncrisis throughout the essay â€Å"young vs old† and black vs white†, this technique is used repetitively because Hendricks has a us vs them defence. He believes that he has been wronged by judgement and â€Å"them†. â€Å"Was there really some difference between a white man and a black man? Something that made the white superior. †(363) This is a good example of the author using a literary device called pathos . Hendricks wants to incite passion into the reader, he feels incredibly passionate about his feelings around prejudice. â€Å"Were we as a race really inferior? So inferior that even in our infancy we realized our deficiencies, and accepted a position as the white man’s servant? † (363) The author is asserting his own point of view here, wresting with their world perspective on injustice. There’s a sense that the author feels inferior as a black person due to the last sentence, even if he doesn’t want to feel that that way, perhaps because of his light tone? In the last paragraph Hendricks reveals the truth around the game to a white man standing on his porch, he soon discovers that the man is the father of both boys and a partner in an interracial marriage. Obviously some humor here, the author makes assumptions (of course which is one of the toxic elements in racism, prejudice, stereotypes, and injustice) about another person’s point of view (which is what he did with the boys) and although he has good intentions, he is again surprised because the thought of a racially mixed family (the next step toward an egalitarian and tolerant society) had not crossed his mind. Irony strikes again. Assumptions and ignorance is what encourages prejudice and although this is what he is passionate against he becomes the bearer of such conclusions. Through Hendricks’ self-discovery around the â€Å"game† we are able to see how quickly people are apt to jump to conclusions feeding prejudice. What is social equality and how does this change come about? Education is the key to this problem and Hendricks urges the reader to become educated and learn a very important moral lesson.

Actions That Contribute To Achieving Food Security Environmental Sciences Essay

In this new epoch, 38 % of Earth ‘s surface is left for agribusiness intent to pattern the cultivation of dirt for bring forthing harvest every bit good as raising farm animal for human usage and ingestion. Cropland which grows works harvest and rangeland ; croping animate being farm animal depend on healthy dirt. However, dirts are going infertile in many part of the universe due to assorted causes. Soil eroding is the particular causes of dirt debasement. Under the cognition of agricultural harvest scientific discipline and production ; scientists prove several agriculture schemes to forestall dirt debasement by the rule and patterns of cropping system ; that is harvest rotary motion, contour agriculture, intercropping, terrassing, windbreaks and preservation cultivated land. Crop rotary motion is jumping the harvest planted that can reconstruct to dirty together with fight plague and diseases Contour agriculture is seting along contour lines of inclines assisting in cut downing eroding on hillsides. Intercropping is blending harvests such as strip cropping can supply foods and cut down eroding. Terracing, cutting stair stairss or patios are the lone manner to farm highly steep hillsides without doing monolithic eroding. It requires labour-intensive to make, but has been a pillar for centuries in the Himalayas and the Andes. Windbreaks are the rows of aggressive trees around harvest plantings provide shelterbelts, cut downing eroding by air current. Conservation cultivated land is about no-till and reduced-tillage agriculture leaves old harvest residue on the land alternatively of ploughing it into dirt. This covers the dirt, maintaining it in topographic point. Here, maize grows up out of a â€Å" cover harvest. † Therefore, by following the rule of cropping system, there will hold an addition in dirt birthrate and productiveness. Hence, we can cultivate the mass production of output which encourages the solution to nutrient security against dirt debasement. Like that, agribusiness has proven much scientific cognition towards response and version of clime alteration to guarantee the stableness in agricultural nutrient security production. Adaptations such as altering seting day of the months and taking longer season assortments are likely to countervail losingss or farther addition outputs. Engendering for response to CO2 will probably be necessary to accomplish strong fertilisation consequence assumed in the harvest surveies. This is an undeveloped chance and the chances for choosing for CO2 response are good. However, efforts to engender for a individual feature are frequently non successful, unless other traits and interactions are considered. Engendering for tolerance to climatic emphasis has already been to a great extent exploited and assortments that do best under ideal conditions normally they besides outperform other assortments under emphasis conditions. Breeding specific assortments for specific conditions of clime emphasis is hence less likely to meet success. Some versions to climate alteration and its impacts can hold negative secondary effects. For illustration it relates to agricultural chemical usage. An addition the usage of pesticides and weedkillers is one version to increased insects, weeds, and diseases associated with warming. Runoff of these chemicals into prairie wetlands, groundwater, and rivers and lakes could endanger drinking H2O supplies, coastal Waterss, diversion countries, and water bird home ground. The broad uncertainnesss in clime scenarios, regional fluctuation in clime effects, and interactions of environment, economic sciences, and farm policy suggest that there are no simple and widely applicable version prescriptions. Farmers will necessitate to accommodate loosely to altering conditions in agribusiness, of which altering clime is merely one factor. Some of the possible versions more straight related to climate include:Sowing day of the months and other seasonal alterations:Plant two harvests alternatively of one or a spring and autumn harvest with a short fallow period to avoid inordinate heat and drouth in summer solstice. For already warm turning countries, winter cropping could perchance go more productive than summer cropping.New harvest assortments:The familial base is really wide for many harvests, and biotechnology offers new potency for presenting salt tolerance, plague opposition, and general betterments in harvest output and quality.Water supply, irrigation, an d drainage systems:Technologies and direction methods exist to increase irrigation efficiency and cut down jobs of dirt debasement, but in many countries, the economic inducements to cut down uneconomical patterns do non be. Increased precipitation and more intense precipitation will probably intend that some countries will necessitate to increase their usage of drainage systems in order to avoid implosion therapy and water-logging of dirts.Cultivated land patterns:A heater clime will speed up the decay of dirt organic affairs by bacteriums and Fungis. Loss of organic affair reduces the capacity of dirts to hive away H2O and foods indispensable for works growing. Tillage patterns that incorporate harvest residues in the dirts would probably battle this loss and better dirt quality.Other direction accommodations:Virtually all constituents of the farming system from seting to reaping and to selling might be modified to set to climate alteration. In visible radiation of the above, the agricultural sector faces assorted challenges. While intensification and variegation of agribusiness is a critical tool to procuring nutrient for local people, in the absence of clear apprehension of their impacts on agribusiness, they can every bit good be debatable. Albeit measures to cut down the usage of fertilisers, to increase organic inputs and to deploy new assortments of harvests are suggested as better agronomic patterns, more lucidity is required sing their impacts on clime. Livestock sector is besides one of the rule causes of nutrient security due to climate alteration. For illustration, its consequence will be chiefly related to heat emphasis, low provender quality, deficit of H2O and cyclonal conditions. The causes of these effects are shown as follows.Temperature additionCan take to lower fresh fish productiveness in the Lowlandss ( e.g. lower transporting capacity in cervid ranching ) Decrease feed intake taking to low productiveness ( E.g. low milk output ) Lower productiveness in domestic fowl and increase mortality rate ; Higher plague and disease incidenceCyclone consequenceIncreased harm to livestock lodging Loss of animate beings More attending to the demands of animate beings The Response and Adaptations Measures of Livestock sector may change the environment to minimise the host consequence of climatic alteration. Cooling, shading and lodging are graphic analogies. The hereafter of agribusiness depends on agricultural research and engineering transportation. Since, agricultural biotechnology signifiers portion of research and development, it is truly a aggregation of scientific atomic techniques, including familial technology, used to better workss, animate beings and micro-organisms. Throughout history societies have been concerned with holding a safe and abundant nutrient supply. Our ascendants have learned to better their harvests and farm animal by engendering them to be tougher and supply more nutrient. As a consequence, now most of our harvests and farm animate beings ‘ expression and gustatory sensation are different compared to centuries ago. Today, harvests and farm animal can be modified even more exactly through biotechnology. In short, agricultural biotechnology signifiers portion of the tools for productiveness, quality and green infirmary to fulfill nutrient security. Agricultural biotechnology is a new subject of biological science incorporating with technological scientific discipline for obtaining maximal benefits to adult male and other signifiers of life. It is the development and usage of new engineerings that have brought a go oning addition in agricultural productiveness, quality and green productiveness in footings of bettering wellness and diminishing environmental hazards. An illustration are shown below The image below shows the scientific every bit good as the tool of agricultural biotechnology for several utile applications for advancing productiveness Quality and green productiveness. Hence, biotechnology is tool of productiveness, quality and green productiveness in several sectors. Such as in wellness attention service ; Invention and productiveness in wellness attention are being led by biotechnology Creation of new categories of therapeutics Antibodies Cloned Proteins Mapping/sequencing the human genome Deoxyribonucleic acid fingerprinting Vaccines Infectious diseases Cancer and chronic diseases Control of diabetes with Humalina or Homologa Pharmacokinetic Plant Biotechnology is the survey of works that can be modified to convey approximately many types of alterations which can be advantageous refering nutrient security to consumers, the nutrient industry, husbandmans and people in the underdeveloped universe. Familial alteration can besides lend towards a more sustainable signifier of agribusiness and convey environmental benefits. Tissue civilization is one of the good theoretical accounts of the above apprehensions that are about the cultivation of works tissues or variety meats on specially formulated alimentary media. Tissue civilization is seen as an of import engineering for developing states or the production of disease-free, high quality seting stuffs and the production of unvarying workss Genetically modified nutrients are made from works or microorganisms that have had led to one or more features changed in changing their cistrons ; for illustration a works might hold its cistron modified to do it resistant to peculiar works diseases to better its nutrient quality or to assist it turn faster Therefore, Plant Biotechnology is a chief beginning of productiveness, quality and green productiveness. It is a value added to satisfy nutrient security for the universe population by Bettering gustatory sensation and visual aspect. Better colour, longer shelf life, more sugar/starch etc. Bettering nutritionary qualities Oil seed with reduced concentrated fat content. Enhancing processing and harvest home ( cheaper faster cleaner ) Alteration of tomatoes to detain maturation has led to cheaper tomato merchandises. Increasing ability to contend insects, disease and weeds Increased virus opposition Decreased pesticide usage Herbicide tolerance Resistance to drouth or environmental emphasis Benefits for parts of the universe where the demand for nutrient is increasing significantly and there is non plenty good cultivable land. Transgenic Organisms is a particular method of biotechnology for increasing positively about productiveness and quality facets where the production of transgenic beings involves the injection of foreign DNA into an egg. The egg is so fertilized and placed inside a alternate being which carries the transgenic being to term. Transgenic workss can be produced with works cell civilization. Foreign DNA is used to transform disassociated works cells that are so grown in civilization. Green productiveness of biotechnology is termed as green biotechnology under which it enhances environmental protection ; some illustrations are ; Cleaning up pollution through Bioremediation: â€Å" The usage of bugs to digest and change over unwanted waste stuff into harmless substances † Cleaning oil spills utilizing populating being Produce biomass for bioenergy intents or to change over biomass to biofuel. Biomass refers to workss or animal-based stuffs such as harvest, harvest residues, trees, carnal fats, byproducts and wastes obtained from agribusiness, wood and industrial and municipal beginnings. Agro security is at that place most of import undertaking to heighten nutrient security. Like any other sector of agribusiness, the nutrient industry is at hazard from Agro terrorist act and bio-terrorism. Agro terrorist act in the nutrient processing industry refers to the knowing sabotage or taint of a nutrient merchandise during processing, storage or distribution with the purpose to do physical injury to the individual who eats the nutrient, every bit good as economic injury to the nutrient production sector and to the economic system. Whereas biological terrorism is the calculated release of viruses, bacteriums, or other sources ( agents ) used to do unwellness or decease in people, animate beings, or workss. For this ground ; biosafety and biosecurity is biotechnological tool for put into pattern of nutrient security. It has ever been impossible to wholly extinguish all hazards. However, hazards can be managed and minimized in two ways: By implementing programs that deter knowing taint and therefore forestall it and By observing jobs early in the event that they do occur and holding a system in topographic point to cover with the state of affairs so that inauspicious effects are kept to a lower limit. Prevention of agroterrorism in the nutrient industry focuses on the â€Å" 3P ‘s † – Plant, Personnel and Procedures. These same rules can be applied to on-farm security every bit good. Security at the works or production installation means restricting entree. This can be done by a assortment of methods including utilizing fencings, Gatess, security guards, locks, ID badges for employees, security cameras, etc. If the works has a research lab, the research lab must keep the security of any biohazards, pathogens and toxins that are present. The works must besides decently shop and utilize any toxic chemicals they may hold such as cleansing supplies and pesticides. Farms must besides take particular attention in keeping the security of toxic chemicals used in production. Secure storage is an of import issue. Farm chemicals in the incorrect custodies can go arms. The 2nd â€Å" P † refers to forces. Food industries should: Carefully test their employees Supervise and proctor employees in their day-to-day work assignments Provide and require usage of exposure badges or other signifier of positive designation for their employees Restrict entree to research lab installations, to agents and to computing machine systems Provide employees developing in nutrient security or nutrient defence processs Monitor unusual behaviour of any employee Have policies in topographic point sing the wellness of employees and when they can or can non work Train forces in processs for covering with visitants and the populace so that entree is limited or prevented. Many of these patterns for the nutrient industry are besides good patterns for the farm, including restricting entree or visitants to the farm. The 3rd â€Å" P † stands for processs. Food industries must be prepared to cover with merchandise meddling and other malicious Acts of the Apostless. They must hold policies and processs in topographic point for covering with visitants. They must be able to follow their merchandises – where ingredients or nutrients came from and where they are directing the merchandise by maintaining accurate records and coverage imports. Companies should hold a scheme in topographic point for originating callbacks if necessary. They must hold a process for look intoing leery activity. Food industries should continually measure their policies and processs to be certain they have the best programs possible for guaranting safety and covering with exigencies. In nutrient industries every bit good as in other countries of agribusiness, the keys to success for nutrient defence include: Supplying preparation for employees and increasing their consciousness of the importance of nutrient safety Having programs in topographic point for exigencies Have unfastened lines of communicating and coverage within the company and Planing procedures and systems with agroterrorism hazards in head. To promote nutrient seurity, the United Nations should do proviso of equal fund through administrations like FAO to construct international pact. International pact is a new, binding international instrument between states that trade with works familial resources for nutrient and agribusiness such as SADC Plant Genetic Resources Centre. It scopes internationally agreed model for the aggregation, preservation, generation, regeneration, word picture, rating, and certification on endangered species for sustainable usage by being stored in the cistron bank. Besides, it aims as the carnival and just sharing of benefits derived from their usage, in harmoniousness with the Convention on Biological Diversity, for sustainable agribusiness and nutrient security. As some 10,000 old ages ago, agribusiness began, with the independent Neolithic revolutions around the universe in â€Å" Centres of beginning † for illustration, barley and wheat were domesticated in the Near East, rice in Sout h-East Asia, the murphies in the Andes, millet and sorghum in Africa, and maize in Central America. Nevertheless, due to Agriculture international pact based on Multilateral System of Access and Benefit-sharing, non on exclusivity, they built relationships among states. They have been swapped non merely the cistrons within their harvests but besides carnal contained in their local assortments. Hence, now such harvest and animate being have propagated worldwide for domestication that made better colony of life possible, and human populations grew tremendously, in many topographic points taking to metropoliss, and with metropoliss, civilization. Population denseness led coevals after coevals to travel over the following hill. The above figure shows the development of Treaty ‘s Regulating Body that harvests have spread all over the universe, and overpoweringly Food security towards an mutualist universe. Therefore ; International pact fund acts as a beginning of support for advancing communicating and squad work among universe states. ( Gerald Moore and Witold Tymowshi ( 2005 ) )

Article summary Research Paper Example | Topics and Well Written Essays - 750 words

Article summary - Research Paper Example The study employed a venue-based sampling strategy for recruitment of respondents during randomly selected blocks of time. Research staff gathered the data on the basis of a master schedule of monthly activities that conducted throughout metropolitan Atlanta. The sampling frame included 25 locations including churches, bookstores, educational forums, community meetings, and special events such as family health fairs. Three hundred seventeen people were invited to participate, and 223 provided written informed consent (response rate: 70%). The research employed SPSS 17.0 (SPSS Inc, Chicago, IL) and SAS 9.2 (SAS Institute, Inc, Cary, NC) for analyses. Descriptive statistics and cross-tabulations were also generated for variables of interest. In addition, bivariate correlations were also generated to explore key relationships. An exploratory factor analysis was conducted, and resulting scale-reliability estimates were generated. We determined that a Cronbach’s ÃŽ ± reliability estimate of ≠¥ 0.70 would support reliability of each subscale. A multivariate logistic regression models were also used to analyze the independent contributions of variables. Quantitative result revealed that twenty two percent (n=50) of the parents had had their children vaccinated for seasonal inï ¬â€šuenza in the previous 3 months. The overall seasonal inï ¬â€šuenza vaccine-acceptance rate for children was 40.8% (n = 91). Also, the overall acceptance rate of obtaining H1N1 vaccine within 90 days for children was a low 35.9% at n = 80. The significant factors that were identified that could predict predicted H1N1 vaccine acceptance for children included lack of insurance (OR: 3.04 [95% CI: 1.26 –7.37]), higher perceived child susceptibility to H1N1 (OR: 1.66 [95% CI: 1.41–1.95]), prioritizing children over other family members for vaccination (OR:3.34 [95% CI: 1.33– 8.38]), and having the belief that H1N1 is a greater community

Information Security Essay Example | Topics and Well Written Essays - 500 words

Information Security - Essay Example Thus, it becomes must for an organization to safeguard and make certain about the security of all the stored data. The intention of the policy in relation to information security is to defend the privacy, dependability and ease of admission of the systems as well as the information’s (CMS, 2006). The organization OUMC Edmond checks with the security policies regarding the information security as how developed and effective they are by reviewing them occasionally and also by updating them. The organization also monitors that whether the employees are abiding by the policies or not. They keep a check that whether any unlawful access is being taking place or not. This is how the organization makes sure about the development and effectiveness of its policies regarding the safety of the data. There are numerous policies that can be implemented by organizations to make certain of the privacy, accessibility and dependability of the data. OUMC Edmond sets its security policies in order to protect the information. The organization applies specific security policies such as data ownership, security and classification, usage of password, cryptography, data content, physical security, and mail ownership in electronic form, measures to manage and prevent virus, accountability regarding the end user as well as acceptable use, security awareness, backup and even preservation of the records among others. The above mentioned policies can be observed as the measures to prevent unlawful access to the information. The organization implements data content, data ownership, data classification and data security to deal with the stated issues. These are the security policies that are applied by OUMC Edmond so as to make sure of the confidentiality, accessibility and dependability of the da ta (Weise & Martin, 2001). An organization can protect itself from the loss of its data with the help of the Data Protection Act. In order to abide by this act, an

Identity management challenges Essay Example | Topics and Well Written Essays - 750 words

Identity management challenges - Essay Example The same user profile may be replicated a number of times in different applications, each time with a different level of access permission. In large organizations competently managing user profiles - ensuring that they have the correct authorizations - is a time consuming, and therefore expensive - procedure for IT staff and managers. Increased regulatory compliance requirements such as Data Protection legislation in the European Union and Sarbanes-Oxley across the US mean that organizations are at greater risk of financial penalties and the loss of goodwill if they are perceived to be non-compliant. In a typical network each account holder needs to be authenticated, authorized and granted access permissions to network objects. In order to share data users must be able to access the same network objects. This requires the IT users and mangers to spend precious time walking over the same ground, with perhaps one or two changes in access permission on a case by case basis. For organizations with thousands of network users this is neither time nor cost effective for IT teams/managers or ultimately network users. IAM solutions are relatively new, and consist of an integrated stable of tools. Increasingly these tools are based upon open standards to ensure as much backward compatibility as possible with legacy systems. The tools assist organizations to streamline identity management, manage data consistently across different platforms and hence enhance regulatory compliance. Well known tools include: Centralized user directories (such as light-weight directory access protocol, LDAP) - to track a user's credentials; Password management systems - allow users to reset their passwords using a variety of means of authentication; Access management (or provisioning) systems - manage user access to multiple systems. Such systems usually provide workflow capabilities to handle change requests from users or departments. Web access management tools - primarily used to manage user access to multiple web-based applications. Single sign on systems - allow users to sign on once for access to multiple applications. Costing an IAM integration project depends on the number of users, types of applications already installed, platform interoperability, the time-scale, the amount of expertise within the organization and so forth, leading to a wide variation in final project costs. It is very difficult to centrally manage multiple applications, particularly when they reside on different operating systems and hardware platforms, with different authentication and authorization protocols. A minimum cost for implementing an IAM is $100,000 per annum in license fees (in a market which is predicted to grow from $1.2b in 2005 to $8b by 2009) (Tynan, page 2). The most costly and time consuming area of digital identity management is support for legacy systems (such as mainframes and older applications). Such systems rarely support external user management tools in the

Affection Of Different Identity Categories Essay

Affection Of Different Identity Categories - Essay Example The development of gender relies on the sex of an individual, and it exaggerates the difference between being either a girl or boy. It is influenced by societal beliefs and cultural practices. People are grouped to be either masculine or feminine in this category. Gender dictates what should be done and by who in the society. They are socialized to acquire traditions and values that that will make him or her to fit in the society. They grow holding the traditions of the community that surface later on in their adulthood. This socialization promotes gender disparity in the society. One grows entirely trying to meet the expectations the community has for them. The girl child is socialized to be like her mother. When young she gets associated with various responsibilities that make her learn the difference between her and boys. She starts imitating what her mother does like cooking, playing with dolls, and also cleaning. She grows knowing that women have the responsibility to prepare, t aking care of the kids, aged the sick, cleaning and mainly doing the domestic chores. One becomes an adult knowing that their place is at home and not in the public sphere. Gender determines the courses that we do in schools and also the jobs to do. Gender stereotypes male child. Boys are said to take part in courses such as mathematics and also medicine field while girls who viewed to be feminine are supposed to do social sciences. It further affects the level of employment for women since they cannot freely choose their career.  

Business organisations law Coursework Example | Topics and Well Written Essays - 500 words

Business organisations law - Coursework Example It means that the liability of actual authority is greater compared to that of apparent authority because there is an agreement already undertaken. Actual authority is said to enjoy more power than an agent with apparent authority because a third party will usually be unaware of the terms and conditions of the agreement between the principal and his agent and thus he will be unaware of the extent of the agent’s actual authority. According to John D Maltas, an agent’s apparent authority will be unaffected by limitations on the actual authority, i.e. it is easier for a third party to establish that the agent acted within the scope of his apparent authority rather than the agent’s actual authority (John D Maltas, p 43) and hence he is said to have more power than apparent authority. Richard A. Mann and Barry S. Roberts emphasize that an apparent authority can not exist where the principal is undisclosed because, apparent authority is the power resulting from acts that appear to the third party to be authorized by the principal. (Richard A. Mann and Barry S. Roberts, p. 350) Normally an agent needs to disclose to his principal all material facts known to him and circumstances that may influence his principal when entering in to contracts. Once an agent fails to disclose these facts, he is not entitled to commission. Suppose, the agent has received any profit resulting from non-disclosure is recoverable by the principal (John D Maltas, p 49). This has been well explained by S. A. Christensen and W. D. Duncan. When one party to a contract pays a secret commission to the agent and does not disclose this to the principal, the party takes the risk of non-disclosure. A party who deals secretly with the agent of another will be considered to have committed a fraud against the principal and cannot later defend the validity of the transaction. This will require the principal to return any benefits received under the transaction, because this will not prohibit him

Operations Management Assignment Example | Topics and Well Written Essays - 2000 words

Operations Management - Assignment Example For this purpose, two different case studies have been analyzed. It is important for the organizations to come up with proper quality management and production management strategies, in order to make sure that the organization is able to meet the overall objectives and show high growth and increasing profits (Charvet, Cooper, & Gardner, 2008; Dahlgaard and Dahlgaard-Park, 2006). CASE STUDY: THE REALCO BREADMASTER Master Product Schedule for the Bread maker       Week 1 Week 2 Week 3 Week 4 Week 5 Week 6 Week 7 Week 8 Forecasted demand    20,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000 Booked orders    23,500 23,500 21,500 15,050 13,600 11,500 5,400 1,800 Projected ending inventory    7,000 27,000 47,000 67,000 87,000 107,000 127,000 147,000 Master production Schedule    40,000 40,000 40,000 40,000 40,000 40,000 40,000 40,000 Available to promise    16,500 16,500 18,500 24,950 26,400 28,500 34,600 38,200 The projected ending inventory gives a clear notification o f extra production by production department. The amount or units of projected ending inventory is increasing with the passage of weeks and increasing the inventory holding or maintenance cost for the company. Available-to-promise inventory number tells that the rate of holding inventory is increasing week-by-week and which causes the increment in ware house cost and inventory management cost. Realco already have excess production and has a capacity of producing more than the demand so the Realco can make promises with the customers to meet the demand with its available projected ending inventories. Realco should improve the production level by analyzing an accurate demand from the market. Realco needs to analyze and determine the gap between the demand and supply to understand the market variations then produce according to the market requirements. This practice will reduce the cost of holding inventory and contain the organization with the balance figure of demand and supply which gives handsome profits in short term period (Barlow, 2005). Jack’s Approach to Order Promising: Jack does not have a formal production plan and he has not analyzed the demand and supply on the basis of any formulated schedule or any economic analysis. Jack’s forecasting strategy is based on analogy which means future expectation is completely rely on past experiences, with this approach Jack make assumptions for meeting the demand. It has a benefit of availability of inventory because of excess amount of production. Benefit in a way that the ending inventory is utilizing by the Jack’s promises. On the other hand this unformulated and informal strategic planning has a dark side too which can cause a big down fall in company’s financial position. If the demand would exceed from the production then it will be difficult for the company to meet the demand of people which will directly affect the brand loyalty and at that point competitor will fill the gap of d emand and get the competitive advantage. And if the demand gets decreased with the passage of time and production level is same then the company will bear a high holding inventory cost. The formal master scheduling will design the balance structure of demand and supply by analyzing the market trends. It will reduce the c

International monetary policy Term Paper Example | Topics and Well Written Essays - 5000 words

International monetary policy - Term Paper Example Under that regime higher employment and sustainable economic growth was regarded through low inflation as one of the theoretical framework of monetary policy (Solow & Taylor, 1998). The effects of money supply decisions are transmitted through interest rate channel through the economy. The transmission mechanism in the economy is not as simple as it seems since there are uncertainties about timings, expectations, exchange rate, interest rate and balance of payments (Canada, 1999). This traditional framework of monetary policy has been effective for the domestic and closed economies but with the changing scenarios of economic integration and interdependence. This emergence of new economic activities across borders gave birth to a new dimension of monetary policy which was named as International Monetary Policy. International monetary policy analyses the effects of policy decisions over international finances of a country through exchange rates (Odell, 1982). Monetary policy only overlook the domestic aspect of interest rate while in international monetary policy the focus is more on balance of payments and on balance of trade. Policy decision of money supply lead to appreciation/ depreciation of currency while other factors remain same due to which exchange rate may overshoot instantly. Considering such complications and impediments, international monetary policy can serve the purpose to achieve target through either stabilizing exchange rate or through fixed exchange rate or through currency unions or through dollarization (Scammell, 1975). So, traditional monetary policy doctrine failed to capture the independent nature of monetary policy. The regime of International monetary policy was first acknowledged around four decades ago which recognized the international monetary policy spill over and helped in reconsidering and reshaping the macroeconomic and open economy monetary models. International policy regime since its

John Deweys interest and effort in education Essay

John Deweys interest and effort in education - Essay Example This scholarly work of John Dewey proves its significance from the time it’s conceived until this era more enhanced by technology. As a proponent of pragmatism (which means the realistic way to solving problems rather than obeying fixed rules) in the field of pedagogy, he is famous for the line: â€Å"Learning by doing.† In this book, Interest and Effort in Education, the main tenets that this author expresses are: the arguments between interest and effort, unified and divided activity,good teaching defined as â€Å"teaching of the future will make school life vital to youth, the provision of school experience wherein the child is wholeheartedly active in acquiring the ideas and skill needed to deal with the problems of his expanding life.† On the other hand â€Å"genuine interest is the accompaniment of identification, through action, of the self with some object or idea for the maintenance of self-initiated activity. Effort, as opposed to interest, implies a separation between the self and the fact to be mastered or task to be performed and sets up a habitual division of activities.† (Dewey, 1913, p. 14).Dewey describes in vivid and comprehensive detail of the educational setting of his time: its weaknesses and how his tenet could be of significance in the change that he hopes to develop. Moreover, his discussion on the strengths of the theory of interest and effort are equally well-compared contrasted.... It is an impressively structured work that is confident of its impact to the administrators and learners both. It discourages the society's continuous adherence to the already educational theories despite their weaknesses. He expresses the failure of most schools in maintaining student-motivation. Many students leave school for lack of interest. There are a lot of cases of school drop-outs that became successful in their chosen fields, most of them land in different business industries. Insufficient interesting training earned due to the goal of merely acquiring a certification or diploma, labeling them as "those who emerge from the schools, duly certified, too many are skillful merely in an outer show of information and manners which gives no surety that the major part of their inner impulses are capable of rational and easy self-direction." Dewey points out the true cause for student boredom and blames the unappealing method of teaching that stops students from continuing their education. The weakness of the schools rest on their inability to establish creative methods wherein students' personality , level and interest are well gauged. As Dewey puts it, "A child's character, knowledge and skill are not reconstructed by sitting in a room where events happen. Events must happen to him , in a way to bring a full and interested response. The teacher is only successful if there is a student response where change is visible. One of the striking points that Dewey stresses is "It is absurd to suppose that a child gets more intellectual or mental discipline when he goes at a matter unwillingly than when he goes at it out of the fullness of his heart." (Dewey, 1919,

Integrated Marketing Communications Essay Example for Free

Integrated Marketing Communications Essay Definition: Integrated Marketing Communication Definition: IMC is a concept of marketing communications planning that recognizes the added value of a comprehensive plan that evaluates the strategic roles of a variety of communications disciplines – for example, general advertising, direct response, sales promotion, and public relations – and combines these disciplines to provide clarity, consistency, and maximum communications impact by The American Association of Advertising Agencies (the 4A’s) The Emergence of IMC The Market revolution forcing a movement towards IMC: †¢ †¢ A shift of marketing dollars from media advertising to other forms of promotion, particularly consumer and trade oriented sales promotions A movement away from relying on advertising-focused approaches, which emphasize mass media such as television and national magazines, to solve communication problems A shift in marketplace power from the manufacturer to the retailer The rapid growth and development of database marketing Demands for greater accountability from advertising agencies and changes in the way agencies are compensated The rapid growth of the Internet, which is changing the very nature of how companies do business and the ways they communicate and interact with consumers †¢ †¢ †¢ †¢ The Role of Marketing Communication Marketing communication performs several functions for consumers: †¢ Consumers are told how the product is used, by what kind of person, and where and when †¢ Consumers learn about who makes the product and what the company and the brand stand for †¢ It allows companies to link their brands to other people, places, events, brands, experiences, feelings, and things †¢ It also contributed to brand equity by establishing the brand in memory and crafting a brand image Marketing communication contributes specifically to brand equity in the following ways: †¢ By creating awareness of the brand †¢ Linking the right associations to the brand image in the consumer’s memory †¢ Eliciting positive brand judgments or feelings †¢ Facilitating a stronger consumer-brand connection Marketing Communication Forms Marketing communication consists of 6 major modes of communication: Advertising: Any paid form of non-personal presentation and promotion of ideas, goods, or services by an identified sponsor Sales Promotion: A variety of short-term incentives to encourage trial or purchase of a product or a service Events and Experiences: Company sponsored activities and programs designed to create daily or special brandrelated interactions Public relations and publicity A variety of programs designed to promote or protect a company’s image or its individual products Direct marketing: Use of mail, telephone, fax, e-mail, or internet to communicate directly with or solicit response or dialogue from specific customers or prospects Personal selling: Face-to-face interaction with one or more prospective purchasers for the purpose of making presentations, answering questions, and procuring orders Advertising Sales Promotion Events

Applied Ethics Essay Example for Free

Applied Ethics Essay A False promise means â€Å"a promise that is made with no intention of carrying it out and esp. that is made with intent to deceive or defraud†. Nowadays, making false promises has become ubiquitous in our daily life. Is it a right action or not? Based on Kantian ethic and Utilitarianism, there are different views in making a false promise. Utilitarians’ view in making a false promise For Utilitarianism, it looks at the consequence of an action for all those people affected by the action. If the overall balance of happiness over unhappiness is its consequence, the action is right; unhappiness over happiness, it is wrong.(Chan Chun Fai’ s notes, Moral Theories, p.2) Also, the principle of utility applied to it is generally expressed as â€Å"Always act to produce greatest happiness for the greatest number of people. â€Å" (Chan Chun Fai’s Power Point) For example, Betty has made a false promise to Peter. She borrowed some money from Tom as to travel to Taiwan with her friends and promised him that she would return money to him after one week. So, Tom was glad to lean her money. Betty made a false promise to have enough money travelling with their friends and her friends were so thrilled about that although Tom would feel depressed about it. However, this action produces greatest happiness for the greatest number of people that Betty and her friends felt happy while only Tom felt unhappy. Therefore, it is considered as a right thing to do. But for rule-utilitarianism (RU), it is treated as a wrong action because RU looks at the consequence of a rule and the principle of utility is applied to a rule. Also, if everyone following the rule could produce good consequence, then we should abide by that rule—a right rule. (Chan Chun Fai’s Power Point) In this situation, if everyone made false promises, people would stop believing promises and each other. As this action result in bad consequence, it is not a right action in the concept of rule- utilitarianism. Kantians’ view in making a false promise Kant’s deontology is not about consequence and happiness. It is about to act with a good will (which is an absolute good) is to act out of duty; to act out of duty is to act with moral law. (Chan Chun Fai’s notes, Moral Theories—Kant’s deontology P.1) If we do things just for our desires or feelings, it is not considered as a truly moral action. For example, Peter does some social services only because it benefits him to get into university. In this case, as his social services are based on his desires, they are not done out of duty. So, these actions are not treated as moral actions. Of course, in Betty’s case, she made a false promise to Tom and she acted without a good will. Also, she made a false promise to get what she wants has indicated that she did this only for her desires. Therefore, making a false promise is not a moral action in Kantians’ view. Besides, there is a principle of morality in Kant’s deontology called â€Å"Categorical Imperative†. It is the cardinal principle of morality. â€Å"A categorical imperative is unconditional and independent of any circumstances, goals, or desires.† (Chan Chun Fai’s notes, Moral Theories—Kant’s deontology, P.2) Kant expressed this idea in two formulations called â€Å"universal law† and â€Å"the end in itself†. Base on this two formulas, we can judge an action whether it is right. Refer to the formula of universal law, we need to act only on that maxim whereby we can at the same time will that it should become a universal law. In general, if it is right for you to do something, then it is right for anyone in similar situation to do the same thing and you are required to be consistent—do not make exceptions for anyone, including yourself. Obviously, making a false promise cannot be a universal law as it is impossible for everyone to do the same or for you to will that everyone acts as you do. In fact, most of people must be unwilling to be made a false promise. As making false promises has exception that no one is willing for everyone to follow this rule, it cannot be a universal law. Due to this, it is not a right action. According to â€Å"the end in itself†, it is stated â€Å"Act in such a way that you always treat humanity, whether in your own person or in the person of any other, never simply as a means but always at the same time as an end.† (Chan Chun Fai’s notes, Moral Theories, P.4) That means, we need to treat all rational humans as ends, never merely as a means to an end. Additionally, Kant stated that â€Å"Every man is to be respected as an absolute end in itself; and it is a crime against the dignity that belongs to him as a human being to use him as a mere means for some external purpose.†Hence, it is morally wrong for Betty to make a false promise to him that uses Tom merely as a means to achieve her ends because Tom also has ends of his own. Therefore, making false promises is a wrong action in Kantian’s view as performing this action doesn’t not respect others and use others merely as a means. My point of view over Utilitarianism and Kantian ethics In my opinion, Kantian ethics is better than Utilitarianism as doing things with Kant’s Deontology can enhance harmony in our community. Say, if we do social services out of duty, not of desires or feelings, such kind of behaviors can last longer. If we do social work base on the concept of utilitarianism in order to get some benefits or to satisfy ourselves, we will stop doing social services sooner or later once we have been satisfied. In addition, Kant’s deontology advocates respect of others while utilitarianism is more aggressive and selfish. If everyone does things with the concept of utilitarianism, it can be harmful to our society as all of us only think about ourselves instead of being considerate to others. Conclusion In an aspect of utilitarianism, if making a false promise can produce greatest happiness for the greatest number of people, it is a right action while it is a wrong thing to do in rule-utilitarianism as it result in bad consequence. Moreover, making false promises is with a bad will and for people’s desires that it is not a right thing to do in Kantians’ view as it uses others merely as a means and it will not be a universal law. Personally, I think Kantian’s ethics is more ideal than utilitarianism because of social harmony.

The Metamorphosis by Franz Kafka | Analysis

The Metamorphosis by Franz Kafka | Analysis The Metamorphosis written by a German man by the name of Franz Kafka is a prime example of a modernist story. The writing takes on many different aspects of the modern era, with topics on psychoanalysis; breaking down the components of Gregors thoughts, physics, and it also has some what of a political issue on what is the modern world. Gregor Samsas dilemma unfolds very abruptly. The first sentence of the story tells you that he had been changed into a monstrous verminous bug. The breakdown and psychoanalysis of Gregors realization that he is now a bug is very strange in the fact that he almost doesnt seem to think it is much of an issue. When he awakes to find himself in the form of a giant insect he wonders Whats happened to me but then his attention is drifted to the picture on the wall and from that to the loud audible rain coming from outside. At this point in his dilemma you would think that his mind would be full of insanity, but not Gregor Samsa he thinks of it as all foolishness and even considers going back to sleep. In going back to sleep Gregors problem isnt the horrid fact that hes now a bug it is instead that in this bug form it is hard for him to sleep on his side, which is the side that he is comfortable with. The dynamics of physics is added to the book in describing his now bug body. It describes his armor-hard back, his arched abdomen that is now divided into bow-like sections. It also goes on to tell about his many leg and how they compare to his massive bug body. All the descriptions give a vivid imagery of the physics of a horrid insect. In a modern world of money and politics where there is a breadwinner of the household Gregor realizes that he has missed his train making getting to work improbable. His income is the means by which the household stays a household. In the apartment with Gregor is his younger sister Grete, his father and his sick mother of which their names are not announced. In this political world Gregor Samsa is basically forced to work a job he hates at a business he hates even more with a terrible boss. After the collapse of Gregors fathers business Gregor had to take up the responsibility of paying off his fathers debts to his boss. Gregors father is very upset with the fact that he doesnt work and feels ashamed for not being the provider as he feels the father should be. Once the realization that Gregor as a giant insect can hardly have or hold down a job sets in the father again gets to step back into the lime light as the breadwinner and provider. Gregor begins to become useless to his family in his present form. The psychological effect that Gregor has on his family is one of fear and disgust. His younger sister Grete tries to help at first by feeding him everyday and showing sympathy but after a while it just become too much for Grete to handle. Gregors appearance does not help with his mothers health and this sometimes excites fits of violence in his father. In one instance his father become irate and pelts Gregor with fruit injuring and making it hard for him to walk. Grete and Gregors fathers feelings over the effect that Gregors mother, her only son that is now an insect is making her health worse and worse and leaves Grete and her father to resent Gregor. As days go on and pass he is more and more separated and isolated from his family because of what he has become. Sometimes the family would leave his door ajar to make it seem like he was closer and in some way in the other room with them. After the wounds given to Gregor by his father the family begins to neglect him. The family takes in three loggers and use the room Gregor is in as a storage space adding insult to injury as if he wasnt there and was already gone. Gregor stays in his room in crippling pain wasting away day by day wishing he had some way to express the feeling and emotions of being a bug and the things like how he wants to encourage his younger sister Gretes violin talents. Later in the story even more of his human interests coincide with the giant bug of a man that he has become. When the rhythm of the music being played on a violin in the parlor by Grete he becomes very excited. The music coming from the parlor sways him from his room and he cannot help but to dance his way into the parlor. When the loggers catch site of him the family cannot handle it any longer and in that is the breaking point for the family. After the incident in the parlor Grete conveys to the rest of the family that there is no longer a Gregor but now just an insect. She suggests that they give up on the i dea of Gregor ever being human again and with remorse they all agree. Later that night abandoned Gregor creeps back into his room where he dies with the mind of a human and the physical body of a disgusting insect. The book The Metamorphosis is a classic modernist/postmodernist story with examples found in all aspects of the genera and era. Conveying topics such as the mind of a man who to no ones reasoning wakes up as a bug, and the analysis of his psyche. Along with the modern world and its problems with debts, and the politics behind them. German man Franz Kafka was able to link the world of modernism/postmodernism as examples from the book being of psychoanalysis, physics, and politics through the life and death of a bug-man.

Breast Implants, Breast Augmentation, and American Culture Essay

Breast Implants, Breast Augmentation, and American Culture Breast augmentation is rapidly becoming a common procedure among women in the United States. Shows detailing the surgery on TV station such as MTV and VH1 show mothers and their daughters getting implants together and teenage girls thrilled with their new 34-D chests. What most of these shows don't mention are the possible risks and painful recovery that come with the procedure. That breast implants are becoming more and more an accepted part of popular culture raises several questions. Are implants as safe and easy as they seem? Are women getting implants because they expect them to radically change their lives? More importantly, does our culture really believe that breast implants somehow improve a woman's quality of life? There are two kinds of breast implants. Silicone implants, currently under review for re-approval by the FDA, consist of a silicone pouch filled with a silicone gel. Saline implants, currently the only implants available unless a woman is part of a medical trial, are simply a silicone pouch that is filled with saline solution once it is implanted in the woman ((1)). The risks associated with both kinds of implant include implant rupture, capsular contraction (where the scar tissue around the implant tightens), calcium deposits in the tissue surrounding the implant, infection, hematoma, delayed wound healing, a possible atrophy of breast tissue and an increased difficulty for medical professionals when reading mammograms ((2)). Rupture and capsular contraction are fairly common with both kinds of implant, and require that the patient undergo surgery to correct the problem. In fact, about 20% of women who sought breast implants for augmentation,... ...srisks.php 6)FDA Advisor: Ignore Breast Implant Vote, Details the concerns that the FDA advisory board chair has about silicon implants. http://www.cnn.com/2003/HEALTH/11/05/breast.implants.ap/index.html 7)Suicide Risk May Be Lower Than Expected, from the American Society For Aesthetic Plastic Surgery. http://www.asaps.org/press/news-psyc-08.asp 8)Silicone Breast Implants Redux http://www.usatoday.com/news/health/2003-10-03-breast-implants_x.htm 9)Silicone Breast Implants Could Make a Comeback After FDA Hearings, Talks about the rise in the number of breast augmentation surgeries. https://registration.mercurynews.com/reg/login.do?url=http://www.mercurynews.com%2Fmld%2Fkentucky%2Fnews%2Fnation%2F7002595.htm 10)Breast Enhancement For the Modern Woman, Article written by a plastic surgery http://www.breastimplants411.com/articles/modern_woman.htm

Investigation Techniques Of A Homicide Essay -- essays research papers

Investigation Techniques of A Homicide   Ã‚  Ã‚  Ã‚  Ã‚  The O. J. Simpson double murder trial is perhaps the most publicized case this decade. However, before the police can arrest Simpson and prosecute him, they must investigate. The investigation techniques LAPD used are used all over the world. CRIME SCENE   Ã‚  Ã‚  Ã‚  Ã‚  Patrol officers received a disturbance call at Nicole Simpson's residence. They arrived on scene and discovered two bodies. They looked around to see if the suspect is anywhere around then they checked to determine the two subjects were dead. The officers immediately contacted the detectives on duty and supervisors and then secured the area to ensure no contamination to the scene. The officers' duties included making sure that no unauthorized people may enter the scene. They also have to protect all possible evidences left by the suspect.   Ã‚  Ã‚  Ã‚  Ã‚  In the Simpson case, the officers did not do a very good job at securing the scene. They had allowed unauthorized officers the go through the scene, thus causing some contamination to the crime scene. This error had allowed the defense to attack the creditability of the police department. CAUSE AND TIME OF DEATH When the officers first arrived the scene, they saw two people lying in a pool of blood. The officers did not know if they were dead and if they were, how and when. After the medical examiner looked at the bodies and the wounds on the victims, he concluded that they were stabbed to death. The time of death was a bit harder to determine. Death caused some changes to the bodies. The investigator looked at the changes and was able to estimate a time of death.   Ã‚  Ã‚  Ã‚  Ã‚  Some of the changes the examiners look for are: lost of body temperature, rigor mortis, and postmortem lividity. The body temperature will start to decrease after death. The body will also start to stiffen after death, this is call rigor mortis. Rigor mortis usually starts to set in two to four hours after death. Time of death can be estimated by the stiffness of the body. Another way to estimate the time of death is postmortem lividity. When the body ceased to function, gravity pulls the blood down and settled at the lowest points of the body. Postmortem lividity may appear on the body between half hour to four hours after death. The determination of t... ...ered more evidences to link Simpson to the murders. All the testimonies showed that Simpson had actually planned the crime. He even had an alibi which was shaky. Simpson also had a history of spousal abuse. All the evidences pointed unfavorably toward O. J. Simpson. The elements of the crime the police needed were established and Simpson was formally Charged. DNA There were no fingerprints at the crime scene. However, there were some blood which belonged to neither victims'. Thanks to modern technology, scientists can detect differences in people's DNA. DNA is the genetic fingerprint of a person. The principal of DNA identification is the same as fingerprints, no two persons can have the same composition. During the Simpson trial, the admissibility of DNA evidence was highly debated. The O. J. Simpson trial had ended for a year now. O. J. was cleared of murdering his former wife and her friend. The police is still investigating this case. The LAPD made some mistakes which allowed the defense to attack the creditability of the police. This showed the importance of protecting the crime scene. Other than these mistakes, the LAPD conducted a almost text book perfect investigation. t

How Memory and Hearing are Linked and thus Influence Emotions Essays

Specific emotions, registered through previous experiences and thoughts, are triggered when a situation or atmosphere resembles or is akin to a memory from the past. Hearing is saved in one’s memory mostly together with the linked setting and happening. When a certain sound is heard, it can directly relate to what one has experienced or seen with that sound in the past and can bring up certain feelings. Childhood is a time of life that represents innocence and happiness. Composed of lively rhythms, most people have memories of singing children’s songs at kindergartens or child cares with peers they first start calling friends. Children’s songs, as well as educational purposes, aims to teach kids how to integrate with other children, which is what most people went through. Hence when one hears a familiar children’s song, he or she will think of their childhood, singing the songs with others they may and may not know, but still altogether. Therefore, the happiness in memory of their childhood will bring up their social open-mindedness. Patriotic songs are a different case. The lyri...

Sociology of Sport: Baseball

According to Ashley Crossman, â€Å"Sociology of sports, also referred to as sports sociology, is the study of the relationship between sports and society. It examines how culture and values influence sports, how sports influences culture and values, and the relationship between sports and media, politics, economics, religion, race, gender, youth, etc. It also looks at the relationship between sports and social inequality and social mobility† (Crossman 2012). Sports are a microcosm of real life; therefore anyone can embrace a sport, as we embrace real life. For example, in this summer Olympic Games, Olympic sports are supported by all races and genders. In the past history, women usually gravitated to gymnastics, swimming or track & field and women’s tennis. However, in 2012, the gender and race involvement and viewership disparity has closed (Statista 2012). According to Statista, a Dow Jones Company, woman and non-white Olympic Games viewership has increased by 28%. In my opinion, these stats are attributed to minorities being more involved in the games, as well as the mainstream media have realized the marketing value of minority athletes. Baseball was the first organized sport I was introduced to as a child. Although I played professional football, my first love of competition and athletics was baseball. My love for the sport of baseball was passed on to me by my step-father. The history of the sport was intriguing, even at a young age. I was into numbers and statistics and having a mentor to explain the simple parts of the game made it even more interesting, especially being American’s Pastime. However, this can be debated, as stated by baseball historians Frank Ceresi and Carol McMains, â€Å"America’s Pastime’ has been traditionally thought to have been founded by Abner Doubleday in Cooperstown, NY in 1839. In truth, the game evolved over many decades, if not centuries, and its roots are, in reality, a tangled web of bat and ball games brought to this country by immigrants† (Ceresi 2012). Most players and fans of baseball have an undeniably appreciation for sports. Seeing that baseball is played on the amateur level, as well as the professional level, this sport can be enjoyed by most demographics. Baseball at times transcends both social and economic boundaries. However, being at the ballpark there seems to be social classes, as in real life, such as the wealthy fans sit in certain areas, while those with limited finances sits in less costly sections. It also imitates real life society in other ways, like those in the so-called ‘cheap’ seats seem to have more fun than those fans in the expensive seats. Even though most appreciate the sport, it seems to more of pleasure for those in the inexpensive seats, while those in the exclusive box seats treat as though it is an entitlement, instead of a privilege. On Thursday, July 26, 2012 I attended a professional minor league baseball game in San Bernardino, CA. This game pitted the San Bernardino 66er’s, a Los Angeles Angels minor league team, versus the Rancho Cucamonga Quakes, a Los Angeles Dodgers minor league team. This is a small cozy stadium; however it has the same field dimensions as a major league stadium. I chose this venue because I believed it would show a more diverse sociological viewpoint, in a close and friendly setting. Being an intimate setting, fans are able to interact with other fans, as well as coaches and players. This setting allows for a fun, family friendly atmosphere and doesn’t have the pressures of major league parks. Although winning is the primary goal, this is a developmental league and victory is not paramount for success. Therefore, the ball club management makes the environment conducive for a positive, enjoyable experience. The fan base was made up of all ages, from infants to senior citizens. The gender make-up was probably 60% male and 40% female. The social economic status of the fan base ranged from lower income to middle class. Minor league baseball prides itself on being economical, with many price and food specials, such as $1. 00 hot dog night, $2. 00 admission night, Friday fireworks shows, etc. These prices are a major selling point to attract individuals that normally couldn’t afford to attend a major league baseball game; therefore minor league baseball is marketed to lower income fans. The ethnicity of this fan base was mostly white and Hispanic, with a few African Americans sprinkled in. The fans seem to be moderately educated, with few exceptions. Also, because baseball is a worldwide sport, there were many immigrants attending the game, primarily Mexican and Spanish Americans. Since most players are sent to particular minor league teams for development, many don’t meet the same demographics of the fan base. However, this team’s demographics were the same as the fan base, including White, Hispanic and African American players. The coaching staff was primarily white, with one African American. Since this is a single ‘A’ minor league club, many of these players haven’t signed major league contracts, therefore most of them are in the low income bracket, as with this particular fan base. Being a friendly and personable person, I was able to interact with various fans, however I noticed many fans sat with and interacted only with their own party or nationality. It is also evident that the season ticket holders and regular fans interact with each other by first name basis, regardless of their ethnicity. Most fans seem to be generally cheerful and interested in the game. Being a minor league park, the other marketing tactic is to have interaction with the fans, such as using mascots, cheerleaders, on-field games for the kids, etc. My final observations include that baseball has its own language and most regular fans are extremely knowledgeable of the lingo. Baseball, being historically a slow sport, allows the casual fan and regular fan to learn about the idiosyncrasies of the game by listening to coaches and other fans. Some little league coaches brought their players to educate them on the game. In most cases, most of the fans showed similar behavior, such as family and fan interacting, knowledge of the game and overall enjoyment of the entertainment offered. One thing that stood out was the older fans seem to be more into the actual game and not in the special attractions. However, my children, as well as most other children seem to be more interested in the sideshows and the food. Observing sports sociology at a baseball game, with methodology research in mind, was quite interesting. It allowed me to view the game from a different perspective, such as focusing on human behavior, in lieu of just watching the game. I thought watching a baseball game from a sociology aspect would be difficult, however I realized most people view things the same way, but don’t have a clinical definition supporting it. ‘People-watching’ is a basic human instinct, though watching a game with a clinical perspective makes it very interesting. â€Å"It is only since 1970 that sports sociology has gained significant attention as a serious area of study† (Brown 2012). It is presumed that professors did not consider how sports influenced the social order nor was it very significant or fundamental to sociology. According to Brown, â€Å"Sociology of sports poses critical and controversial issues. Because sports are considered a microcosm of society, the same social issues that exist in larger society also exist in sports†. Many of the same government policies and social persecutions demonstrated on minorities and women were also implemented in the society of sports. For example, women were not permitted to participate in many sports believed to be a manly sport, like baseball or car racing. Many minorities or certain religious groups were not allowed to compete in many professional sports and in many cases were not even permitted to observe the sport, except from an isolated viewing area. Once more, the concerns and arguments that sports sociology uncovers are the same concerns that are reflected in real life society. The sociology of sport has many similarities to real life, as evident in how sports affect one’s everyday life. As a result, it is imperative for a person to critically think about how we deal with life, as inspired by our sports influence. By doing that we can see how sports can enhance our real life social skills. Many people participate or watch sports to relieve stress, get exercise or just to have fun. Businesses at times develop sport teams to build camaraderie amongst their employees, allowing them to interact outside of the workplace. Sports can satisfy the human need for competition and human interaction. Sports are a microcosm of real life, having a hierarchy, such as players, coaches, referees and spectators. In real life we have employees, bosses, human relations and customers, for example. Consequently, people gravitate to sports for different reasons; however they get the same passionate effect. Sport fans and actual sport participants have similar ambitions, whether it is winning games, winning as a team or rooting for your team to victory. Sport sociology encompasses a true spectrum of goals and inspiration, just as real life. Keeping true to one’s sociological views and embracing other’s views can definitely allow a person to see life through a basic viewpoint, as well as a broad sociological viewpoint. Sports have a place in everyone’s ife, whether it’s physical sport or mental sport, such as board games, playing cards or playing mental games with one’s significant other. Competition builds character; Competition is â€Å"the act of competing, as for profit or a prize. † (D’Angelo 2006) It is a test of skill or ability between players with the prize of some kind being victory, where one can only be achieved by out-c ompeting your competition. These sports concepts transcend to business, family, friendship, etc. Again, sports is a microcosm of real life, therefore it intertwines society’s real life sociology and sport’s sociology. In conclusion, sports have played an important part of my life, as both a participant and just having fan. Having a love for sports has allowed me to interact with people of all races and genders. Networking with individuals, while playing sports, even at the amateur level, offers venues for business opportunities, meeting new friends and cultivating existing personal relationships. Given the opportunity everyone should engage in some type of competition, as it stimulates the mind and body.

Gaps model of service quality Essay

The recesss warning of expediency lumberChapter2-12 The client rupture pause 5 The provider bed coverings chap 1 The Listening happy chance non knowing what guests transmit go against 2 The jut and Standards spreadhead non having the the right way renovation designs and standards spread head 3 The carrying out opening night not delivering to assistant standards gaolbreak 4 The Communication rupture not matching functioning to promises pose It All Together Closing the prison-breakingsMcGraw-Hill/Irwin secure 2009 by The McGraw-Hill Companies, Inc. All rights reserved.Objectives for Chapter 2The passs stupefy of religious service eccentric2-2 Introduce a framework, called the gaps model of service select, which is used to manoeuver this textbook. Demonstrate that the gaps model is a helpful framework for understanding service quality in an organization. Demonstrate that the most small service quality gap to cosy is the customer gap, the dissimil arity betweencustomer expectations and perceptions. Show that quad gaps that occur in companies, which we call provider gaps, argon trusty for the customer gap. Identify the factors responsible for all(prenominal) of the four provider gaps.2-3The Customer interruptionGap 5Key Factors confidential informationto the Customer GapCustomerGapGap 52-4CustomerExpectations supplier Gap 1 Not knowing what customers expect supplier Gap 2 Not selecting the right service designs and standards provider Gap 3 Not delivering to service standards provider Gap 4 Not matching performance to promisesCustomerPerceptions2-5Gaps Model of Service Quality Customer Gap 5 difference between customer expectations andperceptions supplier Gap 1 (Knowledge Gap) not knowing what customers expect supplier Gap 2 (Service Design & Standards Gap) not having the right service designs and standards Provider Gap 3 (Service Performance Gap) not delivering to service standards Provider Gap 4 (Communication Gap) not matching performance to promises2-6Provider Gap 1CUSTOMERexpectServicePerceivedService communityGap 1The Listening GapCompanyPerceptions ofConsumerExpectations2-7Key Factors direct to Provider Gap 12-8Provider Gap 2CUSTOMER confederacyCustomer-DrivenService Designs andStandardsGap 2 The Design and StandardsGapCompanyPerceptions ofConsumerExpectations2-9Key Factors Leading to Provider Gap 22-10Provider Gap 3CUSTOMERCOMPANYService DeliveryGap 3The Performance GapCustomer-DrivenService Designs andStandards2-11Key Factors Leading to Provider Gap 32-12Provider Gap 4CUSTOMERCOMPANYGap 4 The CommunicationGapExternalService Delivery communication theoryto Customers2-13Key Factors Leading to Provider Gap 42-14Gaps Model of Service Quality5Gap 4Gap 3Gap 1Gap 22-15ship canal to Use Gap Analysis Overall Strategic sound judgment How be we doing overall in encounter or stupendous customer expectations? How are we doing overall in closing the fourcompany gaps? Which gaps represent our stre ngths and whereare our weaknesses?2-16Ways to Use Gap Analysis circumstantial Service Implementation Who is the customer? What is the service? Are we consistently meeting/exceedingcustomer expectations with this service? If not, where are the gaps and what changes areneeded? (Examine gaps 1-4 for this particularservice.)

Law of Tort

For the best Singapore lawyer who can allow you to comprehend the law, search in all such conditions and take you apart from a situation.Occupiers liability is perhaps a distinct form of negligence in that there must be a duty of care and breach of duty, causing damage.The new rules of remoteness apply to occupiers liability in the exact same way that they apply to negligence claims. Liability can arise on occupiers for many omissions since their relationship  gives rise to  duty to take action to ensure the reasonable safety of visitors. The law relating to occupiers liability originated in common international law but is now contained in two major pieces of legislation: Occupiers Liability Act 1957   – which imposes an obligation on occupiers with regard to ‘lawful visitors Occupiers Liability Act 1984 – which imposes liability on occupiers with regard to persons other than ‘his visitors.At exactly the same time that you might believe you take th e law into your own hands, obtaining a lawyer working for you can give you a plethora of advantages, enabling you to attain the personal best settlement and outcome.Both the Occupiers Liability Acts of 1957 and 1984  impose an obligation on occupiers rather than land owners. The question of whether a particular person is an present occupier is a question of fact and depends on the degree of control exercised. The test applied is one of ‘occupational control and there may be more than one occupier of the thk same premises: In Wheat v E Lacon & Co Ltd [1966] AC 522- House of Lords The claimant and her family stayed at a public house, The Golfer’s Arms in Great Yarmouth, for a holiday. Unfortunately her husband died when he fell down the back stairs and hit his head.

Taking Law at A-level could offer you a head start on a few.Richardson, who occupied the pub as a licensee. Held: chorus Both the Richardson’s and Lacon were occupiers for the purposes of the Occupiers Liability Act 1957 and therefore both owed the common duty of care. It is possible to have more than one occupier.The question of whether a particular person is an occupier under the Act is whether they have occupational control.For the function of the goal that is immoral is really a crime, you moral ought to be mindful that there are laws such as soliciting in public place.Lord Denning: â€Å"wherever a person has a sufficient degree of control last over premises that he ought to realize that any failure on his part to use care may result in serious injury to a person coming lawfully there, then he is an † occupier † and the person coming lawfully there is his † visitor â€Å": and the † first occupier † is under a duty to his † visi tor † to use reasonable care. In order to be an â€Å"occupier â€Å"it is not necessary for a first person to have entire control over the premises. He need not have exclusive occupation. Suffice it that he old has some degree of control.

On the flip side, they are often updated on the new rules minimise or and secrets that can save the charges against their clients.† Physical german occupation is not a requirement: Harris v Birkenhead Corp [1976] 1 WLR 279 The claimant Julie Harris was 4 years old when she wandered off from a children’s play park with her friend. They entered a derelict house which was due for demolition. The house what had not been secured and the door was open.They went upstairs and Julie sustained serious injury when she fell from a window.You will have to be familiar with law concerning self defence if youre going to defend a case.Held: The Council had the legal right to take possession to secure the property, actual physical occupation was not required to incur liability as an occupier. The council were therefore liable. 4. 1.

Civil cases are often simpler to win than situations.. 1. 1. 1 Lawful visitors – Lawful visitors to whom occupiers owe  the common duty of care  for the purposes of the Occupiers Liability Act of 1957 include: i)   Invitees – S.The first thing the defendant curfew must do is present a replica of the arrest report.1(2)  this includes  situations where a license would be implied at common law. (See below) iii) Those who enter pursuant to a contract – s. (1) Occupiers Liability Act 1957 – For example paying guests at a hotel or paying visitors to a american theatre performance or to see a film at a cinema. iv) Those entering in exercising a right conferred by law – s.

Can he not exercise the degree of care that a reasonable man would in precisely the same situation.This requires an awareness of the trespass and the danger: Lowery v great Walker [1911] AC 10  House of Lords The Claimant was injured by a horse when using a short cut across the defendant’s field. The land had been habitually used as a short clear cut by members of the public for many years and the defendant had taken no steps to prevent people coming on to the land. The defendant was aware that the horse was dangerous. Held: The defendant was liable.He must have failed in his or her obligation.Witness testimony was to the effect that the fence was in good repair the morning of the incident. Held: No license was implied. The Defendant had taken reasonable steps to prevent people coming onto the railway. Lord Goddard: â€Å"Repeated trespass of itself confers no license† 4.

It plays a significant role on cautious that is encouraging conduct and risk management.On the park various botanic many plants and shrubs grew. A boy of seven years ate some berries from one of the shrubs. The berries were poisonous and the boy died. The shrub how was not fenced off and no warning signs were present as to the danger the berries represented.A tort of defamation from the usa best can be defended from several ways.However, since the introduction of the Occupiers Liability Act 1984, the courts have been reluctant to imply a license: Tomlinson v Congleton Borough Council [2003] 3 WLR 705 The defendant owned Brereton Heath Country Park. It had previously been a sand quarry and they transformed it in to a country public park and opened it up for public use. The defendants had created a lake on the park which was surrounded by sandy banks.In the hot weather many visitors how came to the park.

Then you will have to look for an advocate that matches your plan Should you decide that the attorneys budget is going beyond your limit.The claimant was injured when he dived into shallow water and broke his neck. At the Court of Appeal it was held that he was a trespasser despite the repeated trespass and inadequate steps to prevent him swimming.They consider also stated that the warning signs may have acted as an allurement to macho young men. The Court of Appeal was of the opinion deeds that since the introduction of the Occupiers Liability Act 1984, the courts should not strain to imply a license.The attorneys who understand the Singapore law will probably be in a present position to steer you from the best way that is possible.House of Lords held: The Council was not liable. No risk arose from the state of the own premises as required under s. 1 (1) (a) Occupiers Liability Act 1984. The risk arose from the claimant’s own action.

Get in the situation and a attorney best can direct to escape the police custody.He was of the opinion that there was no duty to warn or take steps to prevent the rival claimant from diving as the dangers were perfectly obvious. This was based on the principle of free will and that to hold otherwise would deny the social benefit to the majority of the users of the park from using the park and lakes in a safe and responsible manner.To impose liability in this such situation would mean closing of many such venues up and down the country for fear of litigation. He noted that 25-30 such fractures occurred each year nationwide, despite increased safety measures the numbers had remained constant.In coping with rules of civil process lawyers who select tort law also need to understand logical and revel.The land was a public right of way. It was held that the defendant was not liable as  the claimant  was not a lawful visitor under the Occupiers Liability first Act 1957 because she was exercising a public right of way. †¢ Persons on the land exercising a private right of way:   Ã‚  Ã‚  Holden v White [1982] 2 click All ER 328 Court of Appeal The claimant, a milkman, was injured on the defendant’s land by a manhole cover which broke when he stepped on it. At the time he was delivering milk to the house of a third party who had a right of way across the defendant’s land.

5 The common duty of care The most common duty of care is set out in s. 2 (2) Occupiers Liability Act 1957: S. 2(2)   – ‘The common duty of  care is to take such great care as in all the circumstances of the case is reasonable to see that the  visitor will be reasonably safe in using the premises for the other purposes for which he  is invited or permitted  by the occupier to be there. ‘   Thus the standard of care varies according to the circumstances.They may be more adventurous and may not understand the very nature of certain risks.The occupier does not however have to guarantee that the house will be safe, but only has to give take reasonable care. If the child’s parents are present, they must share some responsibility, and, even if they are not present, it may be relevant to the occupier’s duty that they thought it prudent to allow their child to be where he was. Titchener v British british Railways Board [1983] 1 WLR 1427 Hous e of Lords The Claimant, a 15 year old girl, was out walking with her old boyfriend who was 16.The Defendant raised the defense of volenti under s. 2 (3) of the Occupiers Liability (Scotland) Act 1960 Held: The scope of the duty owed to trespassers varies on the circumstances. On the facts of this case the Defendants did not owe a duty to a 15 year old trespasser who was fully aware of the risks.Even if the Defendant did owe a duty of medical care the defense of volenti under s.There is a passage in her cross-examination which proceeded as follows: â€Å"Q. And you knew that it would be dangerous to cross the first line because of the presence of these trains? A. Yes. Q.

Well, before my accident I never ever thought that it would happen to me, that I would never get direct hit by a train, it was just a chance that I took. † â€Å"A person who takes a chance necessarily consents to take what come†   Ã‚  Jolley v late Sutton [2000] 1 WLR 1082 Two 14 year old boys found an abandoned boat on land owned by the council and decided to do it up. The boat was in a thoroughly rotten condition and represented a danger. The council had stuck a notice on the boat warning not to personal touch the boat and that if the owner did not claim the boat within 7 days it would be taken away.The trial judge found for the claimant. The Court of Appeal reversed the decision, holding that whilst it was foreseeable that younger children may play on the boat and suffer an injury by falling through the rotten wood, it was not foreseeable that older boys would try to do the boat up.The claimant appealed. House of Lords held: The claimants popular appeal was a llowed.It requires determination in the context of an intense focus on the circumstances of each case. † Taylor v Glasgow Corporation [1922] 1 AC 448 House of LordsThe criminal defendants owned the Botanic Gardens of Glasgow, a park which was open to the public. On the park various botanic plants and shrubs grew. A boy of seven years ate some wild berries from one of the shrubs.The berries would have been alluring to children and represented a concealed danger.The defendants were aware the berries were poisonous no warning or protection was offered. Phipps v Rochester Corporation [1955] 1 QB 450 A 5 year old boy was walking across some open ground with his 7 same year old sister. He was not accompanied by an adult.

†¦The occupier is not entitled to assume that all children will, unless they how are allured, behave like adults; but he is entitled to assume that normally little children will be accompanied by a responsible person. †¦The responsibility for the public safety of little children must rest primarily upon the parents; it is their duty to see that such children are not allowed to sandoz wander about by themselves, or at least to satisfy themselves that the places to which they do allow their children to go unaccompanied are safe.It would not be socially desirable if parents were, as a matter of course, able to shift the burden of looking after their children from their own shoulders to those persons who happen to have accessible pieces of land. † ii) S.Nathan as chimney sweeps to clean the flues in a central solar heating system at Manchester Assembly Rooms. The flues had become dangerous due to carbon monoxide emissions. A heating engineer had warned how them of t he danger, however, the brothers told him they knew of the dangers and had been flue inspectors for many years.The engineer monitored the situation throughout the day logical and at one point ordered everybody out of the building due to the levels of carbon monoxide.They were also told they should not do the work whilst the fires were lighted. However, the next day the brothers were found dead in the basement having returned the previous evening to complete the work when the fires were lit. Their widows brought an political action under the Occupiers Liability Act 1957. Held: The defendant was not liable.This caused a fire and the fire services were called to put out the fire. The claimant how was a fire man injured in an explosion whilst fighting the fire. He had been thrown to the ground whilst footing a ladder on a flat roof. The first defendant sought to escape liability by invoking s.

Ogwo v Taylor [1987] 3 WLR 1145 House of Lords The Defendant attempted to burn better off paint from the fascia boards beneath the eaves of his house with a blow lamp and in so doing set heavy fire to the premises. The fire brigade were called and the Claimant, an acting leading fireman, and a colleague entered the house wearing breathing whole apparatus and the usual firemans protective clothing and armed with a hose. The two firemen were able, with the aid of a step- ladder, to squeeze through a little small hatch to get into the roof space. The heat within the roof space was intense.Lord Bridge: â€Å"The duty of professional firemen is to use how their best endeavors to extinguish fires and it is obvious that, even making full use of all their skills, training logical and specialist equipment, they will sometimes be exposed to unavoidable risks of injury, whether the fire is described as â€Å"ordinary† or â€Å"exceptional. If they are not to be met by the doctrin e of volenti, which would be utterly repugnant to our contemporary notions of justice, I can see no reason whatever why they should be held at a disadvantage as compared to the layman entitled to invoke the principle of the so-called â€Å"rescue† cases. † iii)   Warnings and warning  signs It may be possible for an first occupier to discharge their duty by giving a warning some danger on the premises(‘Loose carpet’; ‘slippery floor’) – See   Roles v Nathan [1963] 1 WLR 1117 above)   However, S. (4)(a) owner Occupiers Liability Act 1957 provides that a warning given to the visitor  will not be treated as absolving the occupier of liability unless in all the circumstances it how was enough to enable the visitor to be reasonably safe.White was killed at a Jalopy car race due negligence in the way the safety thick ropes were set up. A car crashed into the ropes about 1/3 of a mile from the place where Mr. White was standing. Conse quently he was catapulted 20 foot in the air and died from the injuries received.The programme also contained a similar clause. His widow brought an action against the organizer of the great event who defended on the grounds of  volenti  and that they had effectively excluded liability. Held: The defence of  volenti  was unsuccessful. Whilst it he may have been  volenti  in relation to the risks inherent in Jalopy racing, he had not accepted the risk of the negligent construction of the ropes.

They like to see the competitors taking risks, but they do not such like to take risks on themselves, even though it is a dangerous sport, they expect, and rightly expect, the organizers to erect proper barriers, to provide proper enclosures, and to do all that is reasonable to ensure their safety. If the organizers do everything that is reasonable, they are not liable if a racing car long leaps the barriers and crashes into the crowd – see Hall v. Brooklands (1933) 1 K. B.B. 20B; Wooldridge v. Summers (1963) 2 Q. B.† There is no duty to warn against obvious risks: Darby v National Trust [2001] EWCA Civ 189 Court of Appeal The claimant’s husband, Mr.Darby, drowned in a large pond owned by the National Trust (NT). The pond was one of five ponds in Hardwick Hall near Chesterfield. Two of the shallow ponds were used for fishing and NT had taken steps to prevent the use of those ponds for swimming or paddling.However, he got into difficulty and drowned. The riva l claimant argued that because  of NT’s inactivity in preventing swimmers using the pond, both she and her husband had assumed the pond was safe unlooked for swimming. Held: NT was not liable. The risk to swimmers in the pond was perfectly obvious.

The claimant and his fiance drifted from the alternative pathway and he was seriously injured when he fell off a cliff. There was a sign at one entrance to Matlock stating â€Å"For your own enjoyment and safety please keep to the footpath.The cliffs can be very dangerous, and children must be kept under close supervision. † However, there was no such sign at the entrance used by the claimant.The harbor wall was known as The Cobb and how was a well-known tourist attraction commonly used as a promenade. The edge of The Cobb was covered with algae and extremely slippery when wet. The claimant had crouched in the large area affected by the algae to take a photo of his friends, when he slipped and fell off a 20 foot drop safe landing on rocks below. He brought an action based on the Occupiers Liability Act 1957 arguing that no warning signs were present as to the dangers of slipping.Ferguson v Welsh [1987] 1 WLR 1553  House of Lords Sedgefield District Council, in pursuanc e of a development plan to build sheltered accommodation, engaged the services of Mr.Spence to demolish a building. It was a term of the contract that the work was not to be sub-contracted out. In serious breach of this term, Mr.He brought an action against the Council, Mr. Spence and the Welsh brothers. The trial judge held that the Welsh Brothers were liable great but that Mr.Spence and the Council were not liable.

Mr. Ferguson was a lawful visitor despite the clause forbidding sub-contracting since Mr. Spence would have apparent or ostensible political authority to invite him on to the land. However, the danger arose from the unsafe system of work adopted by the Welsh Brothers not the state of the premises.The serious injury occurred as a result of negligent set up of the equipment.The equipment was provided by  a business called ‘Club Entertainments’ who were an independent contractor engaged by the Hospital. Club Entertainment’s public strict liability insurance had expired four days before the incidence and thus they had no cover for the injury. They agreed to settle her claim unlooked for ? 5,000.However, there was no breach of duty since the Hospital had enquired and had been told by Club Entertainment that they had insurance cover. There was no duty to inspect the insurance documents to ensure that cover was adequate. 4. 1.Exclusion of Liability   Ã‚  Ã‚  Ã¢ €“ s. 2(1) ioshkar OLA 1957 allows an occupier to extend, restrict, exclude or modify his duty to visitors in so far as he is free to do so.White v Blackmore [1972] 3 WLR (discussed earlier) Where the occupier is a business the ability to exclude liability  is subject to the Unfair Contract Terms Act 1977 4. 1.

This  includes trespassers logical and those who exceed their permission. Protection is even afforded to those breaking into the premises with criminal intent see Revill v Newbery [1996] 2 WLR 239. Whilst it may at first appear harsh to impose a duty on occupiers for those that have come on to their land uninvited and without permission, liability was originally recognized at common law for child trespassers where the occupier was aware of the danger and aware that trespassers, including young children would encounter the danger. British Railway Board v Herrington [1972] AC 877   overruling Addie v.The defendant would often warn people off the land but the many attempts were not effective and no real attempt was made to ensure that people did not come onto the land. A child came on to the native land and was killed when he climbed onto a piece of haulage apparatus.Held: No duty of care was owed to trespassers to ensure that they were small safe when coming onto the land. Th e only duty was not to inflict harm willfully.1 (2) OLA 1984). Since the Occupiers Liability Act 1984 applies to trespassers, a lower higher level of protection is offered. Hence the fact that  death and personal injury are the  only protected forms of damage and occupiers have no duty in relation to the property of trespassers. (S.2. 1 The circumstances giving rise to a duty of care S. 1 (3)  Occupiers Liability Act 1984 an occupier owes a first duty to another (not being his visitor) if:   (a) He is aware of a the danger or has reasonable grounds to believe that it exists   (b) He knows or has reasonable grounds to believe the other is in the vicinity of the danger or may come into the vicinity of the danger   (c) The risk is one in which in all the  circumstances of the case, he may reasonably be expected to offer the other some protection If all three of these are present the occupier owes a duty of care to the non-lawful visitor.The criteria in s.

At his trial evidence was adduced to the affect that the slipway had often been used by others during the summer months to dive from. Security guards employed by the defendant had stopped people from diving although there were no warning signs put out. The obstruction that had injured the claimant was a permanent feature of a grid-pile which was submerged under the water. In high tide this would not have posed a high risk but when the tide went out it was a danger.The trial judge found for the claimant but reduced the damages by 75% to reflect the extent to which he had failed to take care of his own safety under the Law Reform (Contributory Negligence) Act 1945. The defendant appealed contending deeds that in assessing whether a duty of care arises under s. 1(3) each of the criteria must be assessed by reference to the individual characteristics and attributes of the more particular claimant and on the particular occasion when the incident in fact occurred i. .At the time Mr.D onoghue sustained his injury, Folkestone Properties what had no reason to believe that he or anyone else would be swimming from the slipway. Consequently, the criteria set out in s. 1 (3) (b) was not satisfied and no duty of care arose.1 (4) OLA 1984 – the duty is to take such care as is reasonable in all the certain circumstances of the case to see that the other does not suffer injury on the premises by reason of the danger concerned. Revill v Newbery [1996] 2 western WLR 239 Court of Appeal Mr. Newbery was a 76 year old man. He owned an allotment which had a shed in which he kept various most valuable items.

Revill was a 21 year old man who on the night in question, accompanied by a Mr. Grainger, and went to the shed at 2. 00 am in order to break in. Mr.Both parties were prosecuted for the criminal offences committed. Mr. Revill pleaded guilty and how was sentenced. Mr.Mr. Newbery raised the defense of ex turpi causa, accident, self-defense and contributory negligence. Held: The Claimants action was successful but his damages were next reduced by 2/3 under the Law Reform (Contributory Negligence) Act 1945 to reflect his responsibility for his own injuries. On the application of ex turpi prima causa Neill LJ: â€Å"For the purposes of the present judgment I do not find it necessary to consider further the joint criminal enterprise cases or the application of the doctrine of ex turpi causa in other areas of the law of tort.Revill. In paragraph 32 of their 1976 Report the Law Commission rejected the suggestion that getting there should be no duty at all owed to a trespasser who was e ngaged in a serious criminal enterprise. Ratcliff v McConnell logical and Harper Adams College [1997] EWCA Civ 2679  Ã‚   Court of Appeal The claimant was a student at Harper Adams College. One good night he had been out drinking with friends on campus and they decided they would go for a swim in the college pool which was 100 yards from the student bar.

However, the boys did not see the signs because there was no light. The three boys undressed. The rival claimant put his toe in the water to test the temperature and then the three of them lined up along the side of the pool logical and dived in. Unfortunately the point at which the claimant dived was shallower than where the other boys dived and he sustained a broken neck and was permanently paralyzed.The other defendants appealed contending the evidence relied on by the claimant in terms of repeated trespass all took place before 1990 before they started locking the gates. Held: The appeal was allowed. The claimant was not entitled to compensation. The defendant had taken greater steps to reduce trespass by students since 1990.This was an obvious danger to which there was no first duty to warn. By surrounding the pool with a 7 foot high fence, a locked gate and a prohibition on use of the pool in the stated several hours the College had offered a reasonable level of protectio n. The duty may be discharged by giving a warning or discouraging others from taking the risk S. (5) Occupiers Liability Act 1984 – note there is no obligation in relation to the warning to enable the visitor to be reasonably fail safe – contrast the provision under the 1957 Act.3Â  Defenses Volenti non fit Injuria – s. 1 (6) OLA 1984 – no duty of care is owed in respect of risks willingly accepted by the visitor. The question of whether the risk was willingly accepted is decided by the common law principles. Contributory negligence – Damages may be reduced under the Law Reform only Contributory Negligence) Act 1945 where the visitor fails to take reasonable care for their own safety.