Amul Project

oAmul a brand of success has managed to create a distinct and concrete image in the mind of the consumer. It’s all happens due to sincere, hard work and team effort or amul society, amul was formed in the year 1946 in the form of society by the visionary Dr . kurien with a noble purpose to uplift the village farmers to sustainable position by bringing them into the net of the society. Starting with a few liters of milk per day to millions and millions liters per day indicates the success of the society. t in turn fetches good return to update the village farmers. They comply with strict quality standardization norms and efficient distribution system and also they update themselves as per the changing time. Through forward integration they started producing different milk product which are highly quality product as compared to their competitors despite being a rural organization they did not discount the importance of advertising they advertise heavily through different medias. the punch line the taste of India paused amul as zenith level of popularity.Through amul is the market leader in the category they should not Discount the importance of technology and diversification. Globalization put a major challenge before Amul because number of Competitor’s with their strong R & D technology are entering into India. Therefore, in order to retain its brand image and market share amul has to think strongly in the line of expansion in the form of capacity as well as market i. e. , making Amul a global company. They can capitalize the brand image of Amul by the process of diversification. They can diversify amul in the areas like Agro foods, Pharma etc..

Current Trends in Business Communication

Technology advancements over the recent years have made communication possible in different ways. Communication in the business world today can range anywhere from e-mails, personal digital assistants, text messaging, instant messaging, and through the use of web-cams, just to name a few. These different communication tools allow employees to communicate both internally and externally in a timely and more efficient manner. The current trends in communication within the healthcare industry make it easier for health care professionals to perform their daily tasks, and provide patients with more quality care. The Role of Business Communication in My Workplace Communication is extremely important in my line of work as a nurse. Without good effective communication skills between the various healthcare professionals involved in a patients care and between the healthcare professionals and the patient, the quality of care would or could be grossly impacted. As a nurse, communication takes place in many different forms, whether it is through notes, e-mail, phone, Internet, software used by the facility, or face-to-face communication. Typical internal day-to-day communication activities in my job include checking my work list on the software application that the healthcare facilities use to communicate between the chains of healthcare facilities within the region. The work list may have orders from the doctor to perform certain tasks such as phoning in a prescription to the pharmacy or updating a medication list for a patient. Another type of internal communication that takes place in my day-to-day activities besides oral communication, software communication, and phone communication, is written communication through the use of text messaging. There are times when the doctor will be out of the office and unable to talk directly to a patient or myself and will instead send text messages to my cell phone. Text messaging is not necessarily a daily occurrence but is used regularly. External day-to-day communication that my job requires me to use may include verbal or oral communication with patients either by the use of phone or face-to-face. It is also common to send written material with the patients or to the patients at their home address. Communication with pharmaceutical representatives via e-mail is also common. There may be questions about medications for example, which are not emergent and completely acceptable to send via e-mail to the representative. Text messaging is not an acceptable means of external communication and is never used. The use of the Internet and software has a huge impact on my ability to perform daily activities in a timely manner. Without the ease of communicating electronically simple activities could take could take much more time to complete. Current software has made it easy to re-order prescriptions for patients by just looking up a patient and renewing past prescriptions and sending them to the specific pharmacy that they use. This makes it not only easier for the doctor and the nurse but also for the pharmacist. Also there are times when it is necessary to get ahold of the doctor who could be in a meeting through the use of text messages. This allows important questions to be answered right away instead waiting until the meeting is over. Trends within the Healthcare Industry. Technology has had a big impact in the healthcare industry. My workplace will be going paperless in September of this year. Doctors are preparing for this by making sure that all patient information listed in patient charts such as medication lists and diagnoses’ are put into the system. All internal communication between different facilities will be done through the use of software or by phone. No patient results will be sent through fax or through mail. According to LexisNexis, â€Å"Obama sees the investment in electronic records as a way to improve quality and lower costs. Different Message Types Resulting From Current Trends According to Articlesbase (n. d. ), â€Å"The different message types that result from these current trends are either personal or impersonal. † The different message types resulting from these current communication trends are in the form of e-mails, text messaging, various software, Internet communicatio n, face-to-face video conferencing, instant messaging, and social networking sites such as Twitter or Facebook. Conclusion The current trends in business communication have been greatly influenced by the advancements in technology. The Internet, cell phones, MP3 players, personal digital assistants, social networking sites, and video conferencing among others, has allowed business communication to take place in many forms and from all over the world with ease. These current trends have made it easier for healthcare professionals to communicate more efficiently internally and externally and allow day-to-day activities to get accomplished more quickly than in the past. References: Articlesbase.  (n.d.).  Business Communication: Business Trends and Message Types.  Retrieved from http://www.articlesbase.com/networking-articles/business-communication-business- -trends-and-message-types-4133734.html ASQ.  (n.d.).  Going Paperless Pays Off for Healthcare Industry .  Retrieved from http://asq.org/qualitynews/qnt/execute/displaySetup?newsID=5661

Vindication of the rights of women with structures on political and Essay

Vindication of the rights of women with structures on political and moral subjects - Essay Example One of the most important things to remember about this work is the fact that it was written following the French Revolution. The French Revolution was a much feared event in England, where Mary Wollstonecraft hailed from. The possibility of revolution was something that the English aristocracy feared to a great extent. This fear influenced many of their worldviews and beliefs. However, it was important to many members of the intelligentsia as a result of the liberal philosophy that it espoused. This work comes in the backdrop of the continuing French Revolution that was based on the ideals of liberty, equality and fraternity. It is also based on these ideals as it talks through several perspectives for the development of equality for women in regard to their male counterparts in the society. It also seeks to counteract those notions that enable such a denigration of the roles that women play in the society. This is then something that needs to be analyzed in a more minute manner. Th is paper shall look at the different issues that Wollstonecraft brings into her discussion of gender and her critique of patriarchal social relations as they existed in England during the time of her writing this work. The work also needs to be seen in terms of the legacy of the Augustan age when reason was considered to be the most important faculties of mankind. Wollstonecraft draws on reason as the basis of the society that she envisages for mankind and also looks at reason as the way out for the patriarchal conundrum that women were faced with. This is the basis of the rights that she envisages for women. This is significant as it is a break away from the tradition-oriented debates that were common in England at the time of the French Revolution. English conservative politicians had begun to extol the virtues of traditions at a time when they were being threatened by the revolutionary fervor that was present in France. This was detrimental to the condition of women as their righ ts were being curtailed in England as a result of this insistence on tradition as well. This is one of the reasons as to why it was important for a work of this kind to come out at this point of time in history, especially in England. This insistence on tradition is then countered using the notion of reason as it was prevalent in England. Despite having said this, the spirit of the work derived from the ideas of freedom that emanated from the French Revolution. It is in this relation that one needs to look at the arguments that are advanced in favor of education by the author. She talks of education as the means through which women can be empowered. She advances the notion that this would enable them to think independently and understand the value of reason and understanding. This would also, according to her, help women to nurture their children better. She says, Contending for the rights of woman, my main argument is built on this simple principle, that if she be not prepared by e ducation to become the companion of man, she will stop the progress of knowledge and virtue; for truth must be common to all, or it will be inefficacious with respect to its influence on general practice. And how can woman be expected to cooperate unless she

Contemporary Art Form Paper Research Example | Topics and Well Written Essays - 750 words

Contemporary Art Form - Research Paper Example The paper "Contemporary Art Form Paper" discovers the Contemporary Art. There is overwhelming consensus among the general populations of the world that the American invasion of Iraq in 2003 and its continued occupation of the country under dire civil turmoil, is both unwarranted and immoral. This is testified by the massive public demonstrations (in the United States and the rest of the world) that was witnessed as soon as war plans were announced in early 2003. The violation felt by the general public is such that the protests continues to this day, which is most visible in the blogosphere and alternative media commentary. In this backdrop, some creative artists in the United States and elsewhere have tried to employ various art forms to register their protest. The recently inaugurated play by Karen Malpede, titled Prophecy takes the audience into the heart of the Iraq war. It explores the complex web of links between various sections of civil society when a region is militarily int ervened. Starring such stalwart actors as Kathleen Chalfant, Andre de Shields and George Bartenieff, the play brings out the far-reaching consequence of any war and underscores the chaos and disruption that attends it. If not directly being didactic about wars of all sorts, the play subtly implies the futility of war. Indeed, the anti-war message from the theatre community has been so resonant in the last decade that a thematic anthology was published recently. â€Å"Acts of War: Iraq and Afghanistan in Seven Plays†,

How do Airplanes Fly Essay Example | Topics and Well Written Essays - 1750 words

How do Airplanes Fly - Essay Example According to the research findings air keeps speeding up as the pressure starts lowering which is the reason why a plane keeps going up as the air speed becomes stronger and faster over the top of the huge plane wings as a result of which a region of low pressure is created. As the air goes faster and a region of low pressure is created, the wings of an airplane generate lift and movement is made up through the thin air. It is no secret that humans have always remained interested in aerodynamics which is why two American men widely known as the Wright brothers managed in inventing the world’s first airplane after conducting their experiments at length using the aerodynamic principles. As mentioned before, control forms the most crucial factor when analyzing the flying process and though the Wright brothers were not the first to be involved in the experimental aircraft, still they have the honor to be the first people to invent control necessary for managing the aircraft balanc e. The concept of fixed-wing powered flight was totally impossible before the Wright brothers invented aircraft controls and made the first fully controlled, balanced, and powered flight, thus bringing a turning point in the history. The most important part of the invention undoubtedly was the three-axis control which helped immensely in lifting the airplane from the ground up into the air. The job of the three-axis control was to help the pilot in steering the jet in an appropriate manner and maintain its control in a way that the flight would remain successful and uninterrupted. Now the use of the three-axis control to steer the aircraft and maintain its equilibrium has become a standard and a firm principle in the flying process. Same goes for the fixed-wing aircraft of all other kinds where the tool of three-axis control is still used essentially. The concept of heavier-than-air human flight was totally unimaginable before the aerodynamic principles were applied practically. Mos t of the flight problems used to occur because there was no flight control in those days when engineers and researchers did not know much about exercising control over the aircraft balance. But, with explanation provided by the Wright brothers regarding the flight control options and methods, most of the flight problems got resolved as a very reliable way of pilot control was shown to the world through the three-axis control. Actually the main mistake made by earlier aeronautical engineers and flying enthusiasts was that the main emphasis was again and again laid on designing and

Chemistry Essay Example | Topics and Well Written Essays - 1000 words - 3

Chemistry - Essay Example The anions and cations can be varied to get the required end product. Ionic liquids have large anions and cations of low symmetry to reduce the lattice energy and reduce the melting point of the salts. Anions contribute towards the functions and chemistry of ILs and cations contribute towards the variable physical properties and stability of ILs (BÃ" §hme 2006). Ionic salts can be simple salts i.e. made up of one type of anion and cation or binary ionic liquids which are a mixture of two salts with varying melting points depending on their composition. Ionic liquids are used to substitute traditional solvents like volatile organic compounds (VOC’s) for their variable properties, low energy inputs and reusability. They are also used to extract various compounds such as metal ions, biomolecules and organosulfurs by using two phase extraction. The most commonly studied systems contain ammonium, phosphonium, sulfonium, pyridinium, imidazolium and pyrrolidinium cations. Common anions include hexafluorophosphate [PF]6-, tetrafluoroborate [BF]4-, bis(trifyl)imide [NTf]2 and chloride, Cl-. Ionic liquids help in minimizing and eliminating waste, improves chemical syntheses and extractions or separations (Holbrey, Turner & Rogers 2003). The reaction solvents are reusable and do not diminish in content which is a major advantage over traditional solvents that are sometimes volatile like the VOC’s. However, the most important feature of these ionic liquids that has led to the great amount of interest in them is the ease with which these can be manipulated to suit the needs of a particular reaction. Most of the properties that are attributed to reaction solvents can be redesigned to reduce or eliminate the losses in solvents and the reaction path can be modified to optimize reactions. This can be useful in recovering and reusing

The Labor Force in Dubai Essay Example | Topics and Well Written Essays - 1500 words

The Labor Force in Dubai - Essay Example The increase will help somewhat, but with rising prices in Dubai, it may not cover medical needs by May when it goes into effect. His mother has cataracts and also needs knee surgery. His grandmother has a large tumor in her stomach and needs immediate surgery. He is recuperating from a hernia operation.   In the spring of last year, construction workers in Dubai protested low salaries and mistreatment by stopping work after publication of a US-based Human Rights Watch (HRW) report that called treatment of underpaid private workers from India, Pakistan, China, and other Asian countries as â€Å"less than human† (Jones, para. 7). The incident erupted with extensive damage done to the Emaar Properties’ Burj Dubai tower, expected to be the world’s tallest building when completed in 2008. Damages were estimated at more than Dh3 million. With lack of social support for expatriate workers, according to Jones, HRW has urged the government to help fund and create indep endent bodies to improve conditions. The labor minister said that a new labor law and other measures were already improving conditions for immigrant workers. According to Jones, the International Confederation of Free Trade Unions (ICFTU) recommends immediate application of the law to insure that any restrictions on the fundamental rights of workers in the Emirate are removed. How has employer or government attempted to address problem?The increase in minimum wage applies only to government workers, and construction workers do not receive overtime pay.... ording to Jones, the International Confederation of Free Trade Unions (ICFTU) recommends immediate application of the law to insure that any restrictions on the fundamental rights of workers in the Emirate are removed. 2) How has employer or government attempted to address problem The increase in minimum wage applies only to government workers, and construction workers do not receive overtime pay. Although the problem under discussion in this essay is related to low income, the inability of such workers to meet basic needs leads to inadequate housing, health care expenses, and lack of education, keeping workers at a poverty level. The economy in the United Arab Emirate (UAE) shows rising inflation in the future (Ministry of Economy), according to a recent Economic Bulletin published by the Dubai Chamber of Commerce and Industry (DCCI). The cost of living for the expatriate labor force has risen significantly, which reduces the appeal of the UAE as a lucrative labor market. Close monitoring of economic performance by the UAE government as well as continuing upgrade of local laws and regulations are expected to offset serious damages in any of the sectors. However, to compete as a major manufacturing center, the DCCI report calls for "an adequate infrastructure , high human capital base with innovative attitudes, legal and physical access to markets, and a favorable exchange-rate regime" (Ministry of Labour, para. 7). At present, only the infrastructure appears to be in place with the other factors lacking. One important issue in the development of a stable work force is education. Although an effort is being made to build up the education system, results will not be immediate. The Ministry of Labour of the UAE declared the following minimum monthly salaries for

Marketing Skills Essay Example | Topics and Well Written Essays - 1500 words

Marketing Skills - Essay Example It is also concerned with anticipating the customers' future needs and wants, often through market research." These are the main key factors on which one should concentrate and thus opening the new doors of success in the field of marketing and in this field one should be adaptive to innovations and able to grasp the marketing trends and finally understanding the graph of success & failure of the best applied method. "Advertising is a one-way communication whose purpose is to inform potential customers about products and services and how to obtain them. Every major medium is used to deliver these messages, including: television, radio, movies, magazines, newspapers, video games, the Internet and billboards." But before choosing the advertising media one should concentrate on the following questions and try to answer these questions - What target markets I am trying to reach with my ads What would I like them to think and perceive about my products (this should be in terms of benefits to them, not you) What communications media do they see or prefer the most Consider TV, radio, newsletters, classifieds, displays/signs, posters, word of mouth, press releases, direct mail, special events, brochures, neighborhood newsletters, etc. What media is most practical for me to use in terms of access and affordability (the amount spent on advertising is often based on the revenue expected from the product or service, that is, the sales forecast) Lastly, successful advertising depends very much on knowing the preferred methods and styles of communications of the target markets that you want to reach with your ads. A media plan and calendar can be very useful, which specifies what advertising methods are used and when. "Effective copywriting (also known as business writing) is any writing that sells a product, a service, or even a person. The radio commercial you hear on your way to work is an example of copywriting. The sales letters and advertisements you receive in the mail are examples as well. Even the billboards you see on the highway are examples of copywriting. In other words it means the effective use of words to communicate a sales message. The objective of is to generate leads which are in turn converted to sales. It's only a way, how much footage a person can earn for his products through his ads or the way he presents it to the whole world i.e. attracting customers with the help of words within fractions of seconds." Some strategies are: - 1) Use attention grabbing text to keep users in the site. 2) Avoid making the

God's Responsibility for the Suffering of Innocent People Research Paper

God's Responsibility for the Suffering of Innocent People - Research Paper Example Natural evils whereby evil events, which man cannot control or does not initiate like floods, earthquakes and illnesses and moral evils which are caused by the free choices that man makes are the two types of evils that are found in the world (Fischer, Fischer & Hart, 117). Thinkers have advanced various ideas about evil with Thomas Aquinas stating that God created the universe with laws of nature that sometimes lead to evil, giving the example of the law of gravity that can make an object to hit someone’s head as it obeys the law. He concluded that God does not desire bad things to happen but allows them so as to respect the natural laws that he created. Job’s friends Eliphaz, Bildad and Zopher tried to offer an explanation about the cause of the suffering, indicating that Job must have done something wrong to warrant the suffering, and we could probably from a worldly perspective conclude that much of that which happens to man is caused by human behavior Fischer, Fisc her & Hart, 119). The friends continue to remind Job that God cannot chastise an innocent person. Jesus Christ Himself admonished those who he healed to ‘go and sin no more’. ... hat He could do what He wanted, meaning that being God, he had reasons beyond man’s comprehension for doing and allowing things to occur the way they do. Job 40:2 asks,’ shall he that contends with the Almighty instruct Him? He that reproves God let him answer it. While the answer by God may portray arrogance, God means that there are things that He does in His wisdom, which man cannot understand, with man being able just to see the short term but God seeing the long term. In Job 38 and onwards, God answers Job, declaring His incomparable power over the whole universe, asking almost sarcastically where Job was when He laid the foundations of the world, signifying Jobs insignificance in judging or understanding anything that He does (Fischer, Fischer & Hart, 117). God describes further the majestic and wonderful creatures that He has made including leviathan who He is able to pull with a fish hook, and that it is He who controls them and satisfies their hunger. God in ot her words informs Job that He is the one responsible for all creation and also what thinkers and philosophers call the law of nature. Job 42 sees a changed Job who repents in dust and ashes as he admits that while he had in the past only heard of God, now he had seen Him, meaning he had understood about the wisdom of God and that he realized that all along, God had been in control of the situation. The story of Job concludes that to understand God, He must be let to be God, or in other words cannot be questioned in His actions since they cannot be comprehended. Job seems to have understood that the world remains what it is, with good and evil, chaos and order all coexisting, with the option being submitting to the mysterious power and will of God because in the midst of evil, He will control the

Human resource management in UK government Essay

Human resource management in UK government - Essay Example The financial stringencies of recent years have combined with growing anxieties about seemingly inflated local authority staff numbers to persuade local authorities to make increasing efforts to make better use of their existing staff, in order to reduce demands for extra posts. The pressure imposed by compulsory competitive tendering to reduce labour costs in order to retain service contracts within the local authority have also produced major changes in human resource management in local government (Fenwick, Shaw and Foreman, 2003). Since a long time, methods of improving human resource management and establishment control have expanded greatly in UK. Work study and organisation and methods techniques have developed rapidly. Computers have made the task of collecting, storing and analysing human resource records easier and quicker, a development which alarmed some trade union leaders because of the fear of job losses, as well as possible threats to privacy. In 1984 the Data Protection Act both improved the legal protection of confidentiality and gave data subjects the right to see information held about themselves on computers and correct it where it is inaccurate (Elcock, Stephenson 1996). The development of these and other new management techniques led the Fulton Committee to urge the speedy development of systematic human resource management in the civil service. Similarly, the Bains Committee (1972) urged local authorities to recognise that: The human problems of management in local government are in no way different from those in industry or the civil service. The resources devoted to the solution and more important the prevention of those problems in local government are in our view generally inadequate. (Bacon, Eltis, 2001) Local government had not, in the Bains Committee's view, made adequate use of the techniques available for improving its efficiency in the use of personnel. However, concern about human resource management is relatively new in local government. In the mid-1960s, the Mallaby Committee was charged with investigating the staffing of local government and its report was hardly a recipe for a radical change of approach to human resource management. In the chapter devoted to this subject, the committee made frequent references to the previous inquiry into local government staffing carried out by the Hadow Committee and it did little more than endorse the recommendations of the earlier committee. Thus the Hadow Committee had recommended that local authorities should create establishment committees responsible for human resource matters, including controlling the size of the authority's departments and vetting requests for new posts. This was establishments work as traditionally understood in the public services: a concern to restrain the size of departments and ensure that new posts are created only when they are absolutely necessary. The establishments committee should be advised by the authority's clerk, a member of whose staff should take responsibility for human resource matters. This approach was largely supported by the Mallaby Commi

A Growing “Threat” to Society Essay Example for Free

A Growing â€Å"Threat† to Society Essay The Internet is one of the most powerful sources of information today. Thus, it has the capacity to enlighten, as well as to mislead. This double-edged potential has turned the Internet into the latest avenue for terrorism. Terrorists are now harnessing the power of the Internet to wreak havoc among the public (Conway, 2002). Terrorists use the Internet mainly as a propaganda tool – it is a venue wherein they publicize their cause or explain their ideological justification without misinterpretation or censorship. As of 2002, a majority of the 33 groups deemed foreign terrorist organizations by the United States State Department had their own web sites. There are also many other websites, that, despite not being related to any terrorist group, provide information on how to commit terrorist activities such as bomb-making. The latter often escape criminal prosecution due to the First Amendment, which guarantees freedom of speech to the general populace (Conway, 2002). The very idea of cyber-terrorism, however, is not without contention. For one, it is still not clear as to what differentiates cyber-terrorism from freedom of expression. Also, there are certain Internet-related crimes that cannot be considered as cyber-terrorism, although they inflict damage upon the public. Indeed, terrorism in itself is already a notoriously difficult concept to define. The addition of computers to it further complicates the idea (Conway, 2002). The Internet: A New Weapon The Internet was originally intended as a means of resuming contact in the event of a nuclear attack. But due to its speed and convenience, it is currently a major venue for information, communication and commerce. As of September 2006, there were more than 1 billion Internet users worldwide (Vatis, 2006). With just one click of a mouse, an entrepreneur in Germany can deposit funds to a bank account in Switzerland and talk to a London-based cousin face to face through a web camera. A student in California, meanwhile, can learn everything about the Great Wall of China with merely a few keystrokes. After 9/11 It was only after 9/11 that the very concept of cyber-terrorism was actually developed. Before 9/11, Internet-related crimes were usually in the form of sending pornographic email to minors, defacing web pages, stealing credit card information and launching computer viruses (Conway, 2002). After 9/11, however, US officials realized that terrorist organizations could use the Internet to generate more bloodshed (Weimann, 2004). Al-Qaeda, for instance, could launch missiles or biological weapons to the US by simply pressing the â€Å"Enter† button of a laptop (Stohl, 2006). To a certain extent, the fears of the US were well-founded. In November 2000, an electronic attack was carried out from Pakistan against the Washington-based pro-Israeli lobbying group American Israel Public Affairs Committee (AIPAC). Aside from defacing AIPAC’s site with anti-Israeli commentaries, the attacker likewise stole some 3,500 email addresses and 700 credit card numbers, sent anti-Israeli diatribes to the addresses and published the credit card data on the Internet. The Pakistani hacker, known by the alias â€Å"Dr. Nuker,† claimed responsibility for the incident. It turned out that â€Å"Dr. Hacker† was a founder of the Pakistani Hackerz Club, an organization whose objective was to â€Å"hack for the injustice going around the globe, especially with (sic) Muslims† (Conway, 2002). The aforementioned cyber assault was not without precedent. The Lebanese Shiite Islamic group Hezbollah established its collection of web sites in 1995. At present, the group has three websites that can be viewed in either English or Arabic – one for its press office, another to describe its attacks on Israeli targets (http://www. moqawama. tv) and a third, Al-Manar TV, for news and information (http://www. manartv. com). These websites regularly provide the latest information about Hezbollah, including press statements, political declarations, photos, video and audio clips. An email address is also provided as contact information (Conway, 2002). After 9/11, as a result, federal agents issued subpoenas and search warrants to almost every major Internet-based company, including America Online, MSN, Yahoo! and Google. In addition, many web sites were subjected to official closure by the Federal Bureau of Investigation (FBI). Included among those that were closed down were radical Internet radio shows such as â€Å"IRA Radio,† â€Å"Al Lewis Live† and â€Å"Our Americas. † The â€Å"jihad web ring,† a collection of 55 jihad-related websites, lost dozens of its sites due to pullouts by Yahoo! Lycos Europe, meanwhile, created a 20-person team to filter its websites for illegal activity and terrorist-related content (Conway, 2002). Cyber-terrorism: Is There Really Such Thing? One of the most common arguments against cyber-terrorism is that it is an imaginary threat (Lacey, 2007). Contrary to popular perception, there is a minimal chance that cyber-terrorists would exact harm on innocent people by attacking corporate and governmental computer networks. As of this moment, terrorist organizations use the Internet only for fundraising, communications and propaganda. There is the possibility that terrorists might use computers as weaponry to a significant degree, but this will â€Å"probably happen in the (distant) future† (Conway, 2002). At present, terrorists would draw more attention to their cause by setting off bombs instead of hacking bytes (Conway, 2002). Instead of getting extremely paranoid about cyber-terrorism, the government should instead focus on eliminating cyber attacks against companies. As of July 2002, hackers had successfully launched at least 180,000 Internet attacks against more than 400 public, private, governmental and non-profit organizations. The brunt of these attacks fell on the power and energy industries, as well as on the technology and financial services. If left unchecked, these cyber attacks would be very detrimental to consumers – in order to make up for their losses to hackers, owners of the above-mentioned industries will have to raise the prices of their products and services (Fishman, Jospehberg, Linn, Pollack, Victoriano, 2002). Conclusion Paranoia over cyber-terrorism is very dangerous. Aside from diverting attention from more serious crimes such as cyber attacks, it violates civil rights and liberties. Under the guise of â€Å"fighting terrorism,† even websites whose only crime was to express radical ideas were closed down. While it is the duty of the state to safeguard its constituents from danger, doing so should not infringe their inalienable rights. It is true that terrorism might turn to cyberspace in the future in order to spread even more fear and bloodshed. But before the government rushes out to eliminate â€Å"cyber-terrorists,† it must first have a clear-cut concept of what constitutes cyber-terrorism and what makes a cyber-terrorist. Otherwise, the government will end up worse than the terrorists that it aims to get rid of. References Conway, M. (2002). What is Cyberterrorism? Current History, 101, 436-442. Retrieved October 17, 2008 from Academic Research Library. Fishman, R. M. , Josephberg, K. , Linn, J. , Pollack, J. , Victoriano, J. (2002). Threat of International Cyberterrorism on the Rise. Intellectual Property Technology Law Journal, 14, 23. Retrieved October 17, 2008, from ABI/INFORM Global. Lacey, D. ComputerWeekly. com. (2007, April 29). How Real is the Threat of Cyber Terrorism? Retrieved October 17, 2008, from http://www. computerweekly. com/blogs/david_lacey/2007/04/ how_real_is_the_threat_of_cybe. html Stohl, M. (2006). Cyber Terrorism: A Clear and Present Danger, the Sum of All Fears, Breaking Point or Patriot Games? Crime Law Soc Change, 46, 223-238. Retrieved October 17, 2008 from SpringerLink. Vatis, M. (2006). The Next Battlefield: The Reality of Virtual Threats. Harvard International Review, 28, 56-61. Retrieved October 17, 2008 from ABI/INFORM Global. Weimann, G. United States Institute of Peace. (2004, December). Cyberterrorism: How Real Is the Threat? Retrieved October 17, 2008, from http://www. usip. org/pubs/specialreports/sr119. html#threat

The Declaration of Independence and David Simon Essay Example for Free

The Declaration of Independence and David Simon Essay In this essay, I will explain what â€Å"The Declaration of Independence† says about the people’s right to happiness and compare it to David Simon’s essay There Are Now Two Americas. My County is a Horror Show and what he believes about Americans enjoying the same rights. David Simon believed that happiness involves money, land and opportunity. Lastly I will give my opinion on what I believe the right to pursue happiness involves and means. According to the first draft of The Declaration of Independence, people’s rights were being ignored by the King. Thomas Jefferson once said â€Å"mankind is more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed† (Jefferson,1), this is telling us that the people are allowing the corrupt government to take over their life and put them through suffering that they do not deserve or want. â€Å"Governments are instituted among Men, deriving their just powers from the consent of the governed† (Jefferson, 1), this one ruler mentality also known as absolute monarchy lets the ruler have full control of everything and has no limits on his wishes or power. This type of government allowed the one ruler or king to take away people’s right to be heard, seen and ultimately their happiness. One would think that because they live in the United started of America everybody gets treated equally, but in reality, they are wrong. In David Simon’s essay There Are Now Two Americas. My County is a Horror Show, Simon expresses his view on how Americans are not enjoying the same rights as others and how rich people have taken over the government. Simon also says â€Å"You witnessed it again with the healthcare debacle in terms of the $450m that was heaved into congress† (Simon, 3). He believed that rich people bought the government with their money so they could make more money and be richer. The lower class was always fighting to get basic need services such as healthcare and education. Most were at risk of becoming drug addicts and/or homeless. Many immigrants or citizen just wanted to live the American dream, which is considered the opportunity for prosperity and success, and an upward social  mobility that one will achieve through hard work. David Simon believed that money, land or to have opportunity to live a happy life is not based on money. Simon considers that with a minimum wage salary, a small home and a fair government you will be able to pursue and eventually acquired complete or full happiness. He says that the government has only helped the working class by raising wages and going into war so they can win more land and build more factories. In his essay, Simon says â€Å"It took a working class that had no discretionary income at the beginning of the century, which was working on subsistence wages. It turned it into a consumer class† (Simon, 2). The government has converted our people into working animals that only care about making or earning more money to waste it on unnecessary stuff they like but do not need. The engine that drove them to this gullible mentality was the ability to make money and realizing that they are able to afford everything they want and desire even when this desires are not needed. Having a fair society is being able to have moral choices without jeopardizing happiness. â€Å"Are we all in this together or are we all not?† (Simon, 5), David Simon is asking that as Americans we have to work together as a team to ensure everyone has their basic rights and happiness. He believed that capitalism is a good way of making money but it does not solve moral problems. â€Å"The other thing that was there in 1932, that isn’t there now is that some element of the popular will could be expressed through the electoral process in my country† (Simon, 5), he goes to say this because in 1932 the government bought the elections and the people of America were not able to choose their government. I believe that the right to pursuit happiness involves you speaking up when you feel your unalienable rights are being violated. The key word is pursuit, we all have the right to go after the things we want and what we think will make us happy; but happiness is not guarantee, is just the ability to look for it. Furthermore, happiness is not an entitlement either. We all have the right to take action for our own happiness as long as one’s rights are not being infringed. Unalienable rights are given to all human beings by their creator. It is the government’s responsibility to protect them without violating them. Finally, live life in a manner that you believe will lead you to happiness.

In Sidaway v Board of Governors of the Bethlehem

In Sidaway v Board of Governors of the Bethlehem In Sidaway v Board of Governors of the Bethlehem Royal Hospital [1984] 1 ALL ER 1018 Dunn LJ stated in the Court of Appeal that 'the concept of informed consent plays no part in English law' (per Dunn LJ at 1030). Is this still an accurate reflection of the law? In Sidaway, the plaintiff brought an action against the hospital and surgeon who performed an operation on her back. The operation she had undergone carried an inherent risk to her spinal column and nerve roots. Even if it was performed perfectly, there was still about a two per cent chance that she would suffer injury to her spinal column. As it turned out, the operation was performed correctly, but nevertheless, the plaintiff suffered injury to her spinal column. She brought an action for negligence based solely on the ground that she had not been warned of the inherent risks of the procedure and that she would not have consented to the operation had she been so informed. It was found in fact at the trial that the surgeon failed to inform the plaintiff that the operation was not necessary and was actually optional. It was also found that while she had been warned of the risk of damage to the nerve roots, she had not been warned of the less likely, but potentially more serious, ris k to the spinal column. It was also accepted that had the plaintiff been aware of these facts she would not have undergone the surgery. However, the trial judge also found that the course the surgeon had taken was backed by a ‘responsible body of medical opinion’ and therefore, applying the test formulated in Bolam v Friern Hospital Management Committee [1957] 1 WLR 582, the standard of care that the surgeon owed the patient had been discharged. This ruling was upheld by the Court of Appeal and made its way to the House of Lords, where Dunn LJ’s quotation in the title is taken from. The House of Lords, by applying the Bolam test, also upheld the judgment on the ground that if a responsible body of medical opinion supported a course of action, this was sufficient to discharge the duty of care owed to a patient by a doctor. However, the reasoning in the case on the issue of informed consent is very enlightening. The first point to note is that Lord Scarman was the sole dissenting opinion in the case. Lord Scarman was of the opinion that, ‘the doctor’s duty arises from his patient’s rights. If one considers the scope of the doctor’s duty by beginning with the right of the patient to make his own decision whether he will or will not undergo the treatment proposed, the right to be informed of significant risk and the doctor’s corresponding duty are easy to understand: for the proper implementation of the right requires that the doctor be under a duty to inform his patient of the material risks inherent in the treatment.’(p. 888) Lord Scarman’s conclusion therefore was that the law ‘recognizes a right of a patient of sound understanding to be warned of material risks save in [exceptional circumstances]. This was not however the view of the other judges. Lord Bridge of Harwich for example, gave three reasons why the imposition of such a duty on patients would not be practical under English law. The first is that it would fail to take into account the reality of the doctor patient relationship in many situations. The doctor bases his decision to follow a certain course of treatment on a variety of factors and it would be impractical to expect him to educate the patient of the full implications of all of these factors. In fact, doing so may increase the trauma and stress of some patients. Secondly, the question of whether disclosure of information should have been made in any case would be best answered by reference to expert medical opinion on a case by case basis and not as a general rule applicable to all cases. Thirdly, Lord Bridge thought it would be impossible in practice for a court to apply a subjective test to the question of what was a ‘material risk’ that a pati ent should have been informed of, and what was an immaterial risk that would not require disclosure. This subjective test being one put forward in the American case of Canterbury v Spence (1972) 464 F. 2d 772. The statement of Dunn LJ quoted above was firmly upheld in the House of Lords. Sidaway however, was a case decided in 1984 and 1985. Massive advancements have been made both in the standard of medical care provided by doctors, and the requirements of the law in this field, in the intervening years. Therefore, it falls to be discussed, does the principal in Sidaway still apply? Perhaps the best starting place for such a discussion would be to follow Lord Scarman’s approach, quoted above, of looking at the right of the patient. The first right that all of us have, dating back to the early sources of the common law, is the right to bodily integrity. This right is so ingrained in our law that it can rarely be violated, even with the victim’s consent. As Swift J stated in the case of R v Donovan [1934] 2 KB 498 at 507, when it comes to violation of the principle of bodily integrity, ‘consent is immaterial.’ Furthermore, for the most part, the motive of the violator is often irrelevant and even the good intentions of a doctor will not excuse a violation of the principle. In the American case of Schloendorff v Society of New York Hospital 105 NE 92 (NY, 1914) Cardozo J put it clearly when he said that ‘a surgeon who performs an operation without the patient’s consent commits an assault,’ This position has been affirm ed in England in A-G’s Reference (No 6 of 1980) [1981] QB 715 where it was clearly asserted that it is the patient’s consent alone, and not the good motives of the doctor or any other public interest that make a doctor’s interference with the patient lawful. However, absolute as the twin principles of bodily integrity and patient consent appear, there are a number of exceptions in practice. The law distinguishes involuntary treatment, that is treatment that the patient does not consent to, from non-voluntary treatment, that is treatment that the patient is unable to consent to because he is for example unconscious or otherwise unable to provide valid consent. One justification for non-voluntary treatment is that the patient is presumed to consent, as it is highly likely that he would have done so had he been conscious. This approach however, does not have universal academic support (Mitchell, 1995). The more favoured justification comes from the law of necessity, which recognizes the need to act in an emergency, despite the fact that the necessary consent has not been obtained (Skegg, 1974). The requirements for this exception to apply are that the patient is unable to consent, that there is no one capable of consenting on his behalf, th at there is genuine urgency and that there are no known objections to treatment from the patient (In re Boyd, 403 A2d 744 (DC 1979)). The basic approach has been summed up succinctly by Lord Devlin (1962: p. 90) where he said ‘The Good Samaritan is a character unesteemed in English law.’ The principle has been developed further by the Canadian Supreme Court which has developed a distinction between procedures which are necessary and procedures which are convenient. While a doctor may be justified in performing a necessary procedure without consent, to perform a merely convenient one would be beyond what he is authorized to do. Two colourful Canadian cases illustrate the distinction well. The first, Marhsall v Curry [1933] 3 DLR 260, concerns a case where a doctor removed a testicle during the course of a hernia operation. While the patient was naturally dismayed to wake up to the discovery, the court held that the doctor had been justified in acting as he had because of the nature of the patient’s condition and the fact that the operation could not have been regarded as successful but for the doctor’s decision. This case is contrasted with that of Murray v McMurchy [1949] 2 DLR 442 in which the doctor tied a defective fallopian tube during the course of a caesarian section. This was held to have been convenient as the woman would have been at risk, had she undergone another pregnancy, and a separate operation to tie the tube could be avoided by performing the procedure now. However, the court found that the operation was not necessary in the legal sense and therefore a breach of the patientà ¢â‚¬â„¢s right. The relevance of these cases to English law was affirmed by the Court of Appeal in Devi v West Midland Regional Health Authority [1981] CA 491 which followed the Canadian courts reasoning. It should also be clearly noted that the consent of the patient, and the principle of patient autonomy takes precedence over any arguments of medical paternalism. This fact was stated in the two highly publicized and controversial cases of Re T (adult: refusal of medical treatment) [1992] 4 All ER 649 and Airedale NHS Trust v Bland [1993] 1 All ER 821. Also, where a doctor acts without any consent at all, law sees this situation as appropriate for a charge of battery. This will be the case where a doctor proceeds to act on a patient, despite the fact that the patient has expressly refused the treatment (Molloy v Hop Sang [1935] 1 WWR 714). It is also the case where the doctor proceeds to provide a patient with treatment that is materially different from the treatment that the patient consented to. This was the case in Schweizer v Central Hospital (1974) 53 DLR (3D) 494 where a patient consented to a toe operation, and the surgeon subsequently operated on the patient’s back. This is therefore. The starting position that led Lord Scarman to dissent from his colleagues in the Sidaway judgment. It is clear that the principle of bodily integrity is given the highest level of respect and protection under English law. Lord Scarman was saying that in order for a patient to exercise and enforce this right, he had to be informed of the details, risks and nature of a medical procedure. Further to this, Lord Scarman also was of the opinion that if a patient gave his consent without being properly informed of the risks and nature of the procedure he was consenting to, then this consent was in an important sense defective. This is the nature of the principle of informed consent, and requires that in order for a patient’s consent to be effective, and in order for a doctor to be able to properly act on it, the patient must have understood what he was consenting to. Sidaway was clearly a decision that rejected the concept of informed consent. This was recognized in Canada where the courts expressly refused to follow the decision and instead opted for upholding the informed consent requirement. One example of many is that of Haughian v Paine [1987] 4 WWR 97 in which the Saskatchewan Court of Appeal decided not to follow Sidaway and instead ruled that a doctor had been negligent in performing an operation for which the patient had not been told the consequences of undergoing no treatment at all. This case followed quickly on the heals of Sidaway. However, as late as 1997, academics in England were still confidently asserting that â€Å"English law does not recognize the doctrine of informed consent† (Grundy, 1997: p. 211). However, by this time, the attention had shifted to another principle in English law that was providing patient’s with a choice. This principle can also be traced to the Sidaway decision, the very case that rejected the application of informed consent in England. In his dissenting judgment, Lord Scarman said (at p. 884), ‘Unless statute has intervened to restrict the range of judge-made law, the common law enables the judges, when faced with a situation where a right recognized by the law is not adequately protected, either to extend existing principles to cover the situation or to apply an existing remedy to redress the injustice.’ It is this principle of the law that has been leading to significant inroads being created into the Bolam test in the context of the information given to a patient to enable him or her to make a decision. The view of Lord Bridge that it would be impractical to expect the doctor to explain absolutely everything to the patient, has in fact been flipped on its head, and the prevailing sentiment now seems to be that it would be unreasonable for the patient to explain the entire circumstances of his life, medical, social, economic and otherwise, that would be necessary to make a truly informed decision and that therefore, it is the patient who is in a far better position to make the best decision based on the information available. Even in Sidaway a pure Bolam approach was being compromised. Both Lord Bridge and Lord Keith were of the opinion that, ‘When questioned specifically by a patient of apparently sound mind about risks involved in a particular treatment proposed, the doctor’s duty must, in my opinion, be to answer both truthfully and as fully as the question requires’ (per Lord Bridge at 898). If one was to think about this statement in practice, it is in fact a lot more significant a compromise than it may seem. In reality, it is extremely likely that the vast majority of patients would ask their doctor a large number of questions concerning the risks and relative benefits of different courses. It would be a rare patient these days who would see a doctor, hear of a course of recommended treatment, and then accept it unquestioningly. The easy availability of medical information, and access to education and awareness of relevant issues has been promoted in the last couple of decades to the standard where patients are likely to be highly informed on their conditions and the options available to them, and they will certainly expect to engage in a frank discussion with their doctor on the courses of treatment available. It could almost be assumed, that in cases where a patient did not ask about the risks of a procedure of his doctor, either he had sufficient knowledge and cons ented to the doctor’s approach, or abrogated his right to further information in favour of accepting the doctor’s assessment. The second inroad contained in Sidaway itself was asserted by Lords Bridge, Templeman and Keith to the effect that (per Lord Bridge at 900), ‘Even in a case where, as here, no expert witness in the relevant medical field contends the non-disclosure as being in conflict with accepted and responsible medical practice, I am of the opinion that the Judge might in certain circumstances come to the conclusion that disclosure of a particular risk was so obviously necessary to an informed choice on the part of the patient that no reasonably prudent medical man would fail to make it.’ Combined with the previously mentioned inroad, the two conditions together provide significant safeguards to the patient’s right to meaningfully consent. Even if the patient fails to touch on serious issues and risks in his own research, or conversation with the doctor, the doctor is also under an obligation to raise of his own initiative, particular risk that are obviously necessary for ‘an informed choice on the part of the patient.’ Without actually using the phrase, the standard that the court was setting out in Sidaway was in fact starting to sound quite close to the concept of informed consent, at least for the vast majority of cases, in practice. As identified by Gurndy (1997: p. 213) the approach adopted in Sidaway is in fact a limited form of informed consent, ‘for it acknowledges that: a patient’s right of decision should be recognized and respected; where the patient undergoes an operation involving a substantial risk of grave adverse consequences a doctor failing to disclose such risk would be negligent save for circumstances where there was some cogent clinical reason why the patient should not be informed.’ Since Sidaway therefore, there have been a number of cases highlighting the importance of the patient’s right to know, and putting the Bolam test into a subsidiary role as merely one of a number of factors that should be taken into account. In Blyth v Bloomsbury Health Authority [1993] 4 Med LR 151 (per Kerr LJ at 157) it was said, ‘The question of what a plaintiff should be told in answer to a general enquiry cannot be divorced from the Bolam test any more than when no such enquiry is made. In both cases the answer must depend upon the circumstances, the nature of the enquiry, the nature of the information which is available, its reliability, relevance, the condition of the patient and so forth.’ Without creating an express right to all information that is available, the court was saying that Bolam is just one of the factors that are relevant in questions of this type. In Smith v Turnbirdge Wells Health Authority [1994] 5 Med LR 334 (per Mr. Justice Morland at 399) the court went against Bolam when it said, ‘By 1988 although some surgeons may still not have been warning patients similar in situation to the plaintiff of the risk of impotence, that omission was neither reasonable nor responsible.’ Therefore, despite passing the Bolam test, the defendants failed on the grounds of a reasonable and responsible test. In Moyes v Lothian Health Board [1990] 1 Med LR 463 the court found that the overarching test was ‘whether the doctor has shown reasonable care for the safety of his patient.’ In Abbas v Kenney [1996] 7 Med LR 47 the court stated that ‘A doctor has a duty to explain what he intends to do and the implications of what he is going to do. It must be explained in such a way that the patient can understand.’ Therefore, to conclude, it is possible to say that while the courts purport to be applying the Bolam test, as set out in Sidaway, the fact of the matter is that they are actually operating on principles much closer to a practical understanding of a modified form of informed consent. There are numerous cases that show that the mere fact that a body of professional opinion would not have disclosed certain information will not be enough for a doctor to avoid a finding of negligence. At the same time, there are numerous judicial statements to the effect that doctors must inform their patients of the basic information necessary in order for them to exercise their right to consent. Therefore, while in theory there is no doctrine of informed consent in English law, the practical approach, stemming from Sidaway and subsequent practice, is that a modified doctrine of informed consent does prevail in English law, and any doctors who ignored this fact would be standing on very shaky legal groun d. Reference List Texts and Articles Beauchamp Childress, Principles of Biomedical Ethics, 3rd ed. 1990, Cambridge Buchanan Brock, Deciding for Others, 1989, London Campbell, Moral Dilemmas in Medicine, 3rd ed. 1984, Oxford University Press Castiglioni, A history of Medicine, trans and ed E B Krunghaar, 2nd ed. 1947 Fulford, Moral Theory and Medical Practice, 1989, Oxford Grundy, P., Bolam, Sidaway and the Unrecognised Doctrine of Informed Consent: A Fresh Approach, (1997) JPIL, Dec. 211 Lord Devlin, Samples in Law Making, (1962) Oxford University Press, Oxford Mason McCall Smith, Law and Medical Ethics, 4th ed. 1994, Butterowrths, London Mitchell, J., A Fundamental Problem of Consent (1995) 310 BMJ 43 Skegg, A., A Justification for Medical Procedures Performed without Consent, (19740 90 LQR 512 Cases Abbas v Kenney [1996] 7 Med LR 47 A-G’s Reference (No 6 of 1980) [1981] QB 715 Airedale NHS Trust v Bland [1993] 1 All ER 821 Blyth v Bloomsbury Health Authority [1993] 4 Med LR 151 Bolam v Friern Hospital Management Committee [1957] 1 WLR 582 Canterbury v Spence (1972) 464 F. 2d 772 Devi v West Midland Regional Health Authority [1981] CA 491 Haughian v Paine [1987] 4 WWR 97 In re Boyd, 403 A2d 744 (DC 1979) Marhsall v Curry [1933] 3 DLR 260 Molloy v Hop Sang [1935] 1 WWR 714 Moyes v Lothian Health Board [1990] 1 Med LR 463 Murray v McMurchy [1949] 2 DLR 442 R v Donovan [1934] 2 KB 498 Re T (adult: refusal of medical treatment) [1992] 4 All ER 649 Schloendorff v Society of New York Hospital 105 NE 92 (NY, 1914) Schweizer v Central Hospital (1974) 53 DLR (3D) 494 Sidaway v Board of Governors of the Bethlehem Royal Hospital [1984] 1 ALL ER 1018 Smith v Turnbirdge Wells Health Authority [1994] 5 Med LR 334

Reflective Practice Audit Essays -- Economics

Reflective Practice Audit Introduction Within this audit I am going to be talking about the methods of learning and how they can be assessed. I will be showing the skills and experiences of which I have, how they have been developed and a SWOT analysis to evaluate myself. Then I will have expanded on the findings of my skills and experiences, with the final point that I will then be constructing a table showing my short and long-term targets to develop skills and learning styles. Then I will have a final inclusion of my bibliography and references by using the Harvard referencing style. Methods From my research I have found out that there are four main learning styles of which I have explained below: - Pragmatist With a pragmatist they like using new ideas, theories and techniques to find out how they perform. They like applying sensible solutions to problems, and they are usually willing to recognise that there is more than likely a more effective method of performance and it is worthwhile. Reflective The reflective learners are cautious and they like to think about experiences and view them in many different ways to help them come to a conclusion. When doing this they collect and collate information to reach a conclusion. Theorist Perfectionists are what theorist learners are known to be as they prefer to observe, while analysing and solving problems logically. This type of learners use structures that help information make sense to them, as they only want to go by theories, not lateral opinions. Activist People who classify under this style are ready for new experiences, as they are open-minded and enthusiastic. They like new challenges and can’t wait for a new exper... ... of information and view the whole picture. Recommendation For this I have constructed a table to show aims that I need to meet in the future, as recommendations of my learning: - Short-term targets Use my time effectively by performing work for assignments on a daily basis, and consistently analysing my work to improve the standards/grammar of work to help me deadlines. Preparing for presentations, performing them effectively to increase my confidence and help me be able to answer questions to a certain extent. Long-term targets Improve my interaction with people to help me present data to a large range of aged people. Learn about more accounting related information such as the law, and gain more highly skilled accounting qualifications. Maintain a high level of attendance of which is above 80% over the year and be highly punctual.

Historical roles of men and women in leadership Essay -- essays rese

While analyzing professions held by men verses those held by women through history, the concept of history that needs to be observed is a vast period of time. For if all or most of known history about humans is not taken into consideration, then much of present day analysis of leadership gender roles might actually start to make sense. The previous sentence was not an error in thought or printing. Much of modern analysis of gender perspectives in leadership and the roles of men and women seem to forget the thousands of years of history and the more recent, evolution of gender equality, which has taken place to get to where we are at present day. The key word is evolution; we are slowly but steadily evolving into a better and more efficient society through gender equality. The meaning better society is one that will optimally utilize its best resources, including people. The past and the ignorance reflected from parts of history are most often overcome with generations of thought and action. Genders in society maybe not are equal quite yet, but through diligent efforts and time, they will be. There is much history and time to overcome to achieve equality.   Ã‚  Ã‚  Ã‚  Ã‚  Typically, throughout history men have been the breadwinners in a family unit. Women in the past typically did more of the upkeep of the home and did not bring in an additional income. When they did bring an income, it was usually in some lesser complimentary role to the male. This situation holds true for married couples or single people. Different people throughout the world have many different histories. An example from Chinua Achebe’s novel that takes place within a tribe in Africa during the 1920s stating that a strong man will have many wives (Achebe 20). Ironically in this same novel, it is shown that women could hold a priestess position. Similarly on the other side of the globe in South Korea, the view of giving birth to a girl is somewhat less elation than that of having a boy. In the Korean culture, when a couple has a girl, it is looked upon as if the parents are raising the child for someone else; the baby girl’s future husband (Ahn par. 4) .So how can so many people that populate the earth all have similar histories that guided men towards certain roles and professions while guiding women towards others? To analyze the many histories of people, a person must look t... ...major religion’s beginnings at or around 2500 B.C., and to see the vast amount of time that has elapsed to get to the point at which we are at in today’s society, is a bit discomforting. To move though 4500 years and still not have gender equality is kind of surprising. One could take consolation in the fact that a great majority of this progression towards gender equity has occurred in the last 100 years. Things in society look as if we are on the right track now. Works Citied Achebe, Chinua. Things Fall Apart. New York: Anchor Books, 1994 Ahn, Hyontok. The Korean-American Experience. Personal Experiences 10.2   Ã‚  Ã‚  Ã‚  Ã‚  (2003) 8 pars. 5 December 2003   Ã‚  Ã‚  Ã‚  Ã‚  http://www.KoreanWivesAssocoiation/PA.com. Klenke, Karin. Women and Leadership: A Contextual Perspective. New York:   Ã‚  Ã‚  Ã‚  Ã‚  Springer Publishing Company, 1996. The Holy Bible. New International Version. Starting Point Study Bible. Grand   Ã‚  Ã‚  Ã‚  Ã‚  Rapids, Michigan: Zondervan, 2002. Thompson, J. & Thompson, W. Margaret Thatcher: Prime minister indomitable.   Ã‚  Ã‚  Ã‚  Ã‚  Boulder, CO: Westveiw Press, 1994.

General Education Essay -- essays research papers fc

With living costs as high as they are in this day and age, it is completely unreasonable to expect the average individual to squander already limited resources. Receiving a bachelor’s degree today requires an assortment of classes that often are not directly related to one’s career objectives. For some, they find this to be an enjoyable adventure, broadening their knowledge and learning about new aspects of life, but for others this is just burdensome. However it is looked upon, the college curriculum still requires a diverse selection of courses to develop well rounded, responsible individuals, but in turn creates added pressure upon students. Is it the job of secondary education to start developing all inclusive students who have been familiarized with a broad range of subjects? Is it fair that some children are able to afford private education and expensive tutoring with a one on one basis? The government needs to step in on this matter because the children who are growing up now are going to be this countries future. The rich are always going to be well educated because they can afford it. There needs to be government programs that provide free tutoring and counseling for the underprivileged. But the way things are going this will never happen because education is almost always one of the first things to be cut. One of the greatest sacrifices of college is the money required to attend. The Education Statistics Quarterly says: One of the biggest concerns for many families is how they are going to pay their children's college expenses. In academic year 2002–03, the average total price for full-time undergraduates to attend 4-year institutions—including tuition, fees, room, board, books, supplies, and other education expenses, as estimated by the institutions—was more than $12,800 at public institutions and almost $28,000 at private institutions (College Board 2003a). Over the past decade, inflation-adjusted tuition prices at public and private 4-year colleges and universities jumped nearly 40 percent, while the median income of families with a head of household 45 to 54 years old (those families most likely to have traditional college-age children) rose only 8 percent (College Board 2003b). Such price increases have made it much more difficult for families from nearly all income levels to pay for college. Researchers have, for many years, wondered how... ...eir general education courses. This mentality is not healthy. Not only are general education classes required, they are necessary for the development of well rounded citizens. It may cost a little more but what is a pretty penny compared to ones future. These courses are also valuable because it allows students to sample other aspects of life that they may find more interesting than his/her initial major. General education is quite valuable for the development of a fully literate society. For the development of cultured, interesting individuals, general education must be viewed as a necessity. Works Cited Kirsziner Laurie G. and Mandell Stephen R. Patterns for College Writing, Bedford/St. Martin’s Boston, New York Kozol Jonathan. â€Å"The Cost of an Illiterate Society.† From Illiterate America by Jonathan Kozol. Copyright 1985 by Jonathan Kozol Zinsser William. â€Å"College Pressures.† From Blair and Ketchum’s County Journal, Vol VI, No. 4, April 1979. Copyright 1979 by William K. Zinsser. National Center for Education Statistics http://nces.ed.gov/programs/quarterly/vol_5/5_2/q2_4.asp 1990 K Street, NW, Washington, DC 20006, USA, Phone: (202) 502-7300

An Hour To Live, An Hour To Love’s Summary Essay

â€Å"An Hour to Live, an Hour to Love† was written based on a true story of the best gift ever given. Richard Carlson wrote the letter ‘an hour to live’ to his wife, Kristine Carlson as their 18th anniversary gift. Three years letter, Richard passed away and Kristine wrote a reply ‘an hour to love’ as a tribute to the authenticity of Richard’s wisdom. Richard mostly talked about his life throughout his marriage but it portrays reality as I read the book. He took Stephen Levine’s quote as an inspiration which says, â€Å"If you had an hour to live and could make just one phone call, who would it be to, what would you say†¦ and why are you waiting?† We all will eventually die, so he said in life we might want to jump ahead and look back to have a clearer view and precious what we have now when there is still plenty of time. If he has an hour to live, he would have called his life partner, Kris. Kristine helped him not to take himself or life very seriously. She changed Richard’s life while in college. He was a college tennis player but he plays to please the people who saw the potential in him. The problem is his heart was not into tennis, not anymore at least. So, it was Kristine who taught him to listen to his heart and encouraged him to make the big turning point in his life by quitting tennis. To have left one hour to live, Richard wishes he would already say goodbye to his friends and family. He would love to tell Kris how much he loves her for she has been there all along during his highest highs and lowest lows. He loves how Kristine will help remind him when he forgot to listen. He admires Kristine for how she showers love on their family and being incredibly kind to other people too. He wonders Kristine’s ability to never sweat the small stuffs. For Richard, Kristine’s love is unconditional as during his lowest lows in life when he was struggling from his writing career and wishes things he shouldn’t have but Kristine took it all very calmly. All she did was listened to him without judging and showed him that they are still blessed with healthy children and that’s all that matters. When he was grieving upon his grandma’s death, Kristine calmed him down just by being there for him. He thought Kristine’s humanity is amazing as when Richard has always sweated over all the small stuffs, she taught him that â€Å"we always teach best what we most need to learn.† If he could live his life again, he would like to spend less time talking and more time listening. Then, he would spend far less energy wanting things he didn’t have, and far more energy enjoying what  he already has. Moreover, if he could live his life over again, he would rarely if ever be in such a hurry and let happiness catches up to him instead of chasing down happiness. And for him, that’s what Kristine has always been able to do, which is to be present with him. He also would never put off so easily and so often what he wanted to do. Finally, if he is given the chance to live his life over, he wishes to be more loving to Kris and to everyone else and expect far le ss in return. And why are you waiting? He mentioned his girl who says, â€Å"Mommy I get another of these?† Which means, I get another day to live? It gives Richard goose bumps every time he heard that but he admires a child’s gratitude towards life. Richard is not saying that neither obligations and responsible in life is not important, nor your goals, ambitions, dreams and obstacles to overcome but he is teaching us to start appreciating things that make us happy and content, things we will talk about during our final hour of life. He wanted people to realize before it’s too late.

Demographic and Environmental Timeline- Italy Essay

historic ChangesDefeat and abdication of pile Formation of the Congress of Vienna. stick out & remainder Ratesdecease evaluate and acquit rates were both high-pitched and fluctuated rapidly according to inseparable events, such as drought and disease, to produce a comparatively constant and young population. form 21900environmental ImpactsEnvironmentally, the impact hasnt authentically began, however, the building and use of coal operated factories has begun a slow rise in direct pollution as well as in the water run-off.Historical Changes The industrial Revolution began and that encouraged progression into this stage. on that point was more urbanization, which encouraged families to be created. (Pearson Education, 2013) ancestry & Death RatesThis stage leads to a fall in death rates and an increase in population Stage 31948Environmental ImpactsThe use of fracking is stock throughout all of Italy, and most European countries, therefore beginning issues with fertile body p olitic and water tributaries.Historical Changes Italy joined the axis of rotation powers in World fight II, falling into a bloody Civil War in 1943, with the Fascist faction lastly defeated in the spring of 1945. digest & Death RatesThe population moves towards perceptual constancy through a decline in the birth rate. Stage 41970Environmental ImpactHydraulic Fracturing is still be used as a room to increase flow rate of natural resources. This practice has been accused of kill animals. (Krishna, 2012)Historical Changes Italy became an integral member of NATO and the European sparing CommunityChanging population SizesPopulation at this time is beginning to stabilize.Birth & Death RatesBirth and Death rates are both low, in the lead to a total population which is high and stable. Stage 52000Italy is still in Stage 4.ReferencesKrishna, K. (2012, March 7). Study suggests hydro-fracking is killing farm animals, pets Cornell Chronicle. Retrieved kinsfolk 16, 2014, from http//ww w.news.cornell.edu/stories/March12/FrackingAnimals.html Pearson Education. (2013, October 3). Italy History, Geography, Government, & Culture Infoplease.com. Retrieved September 16, 2014, from http//www.infoplease.com/country/italy.html?pageno=1

Law of Tort

4. 0 INTRODUCTION Occupiers liability generally refers to the duty owed by land owners to those who come onto their land. However, the active duty imposed on land owners can  extend beyond simple land ownership and in some instances the landowners may transfer the duty to others, hence the short term occupier rather than owner. The term occupier itself is misleading since physical occupation is not necessary for liability  to arise.The law doesnt remedy all wrongs.Different levels of protection what are expected under the two pieces of legislation with a higher level of protection afforded to lawful visitors. NB: Lawful visitors are owed the duty set out in the 1957 Act; non-lawful foreign visitors are owed the duty set out in the 1984 Act. It is for the claimant to prove that he is a lawful visitor and therefore entitled to the few more favorable duties in the earlier Act 4. 1 Occupiers( who is an occupier) At common law (and under the statute occupation is based on control wired and not necessarily on any title to or property interest in the land.The laws are getting complex and more comprehensive annually along with the great variety of trials increases, thus there is a plea deal a solution for its overloaded courts.

The stairs were steep and narrow. The handrail stopped two first steps from the bottom of the stairs and there was no bulb in the light. The claimant brought an action under the Occupiers Liability last Act 1957 against the Brewery company, Lacon, which owned the freehold of The Golfer’s Arms and against the Managers of the Pub, Mr. & Mrs.The law doesnt condemn.Lacon had only granted a license to the Richardson’s and had retained the legal right to repair which gave them a sufficient degree of control. There is no requirement of physical occupation. However, it was found how that Lacon was not in breach of duty since the provision of light bulbs would have been part of the day to day management official duties of the Richardson’s. Since the Richardson’s were not party to the appeal the claimant’s action failed.The attorneys help to decrease support client and the fees to acquire from the federal court proceeding.

He may share the control with others. Two or more may be â€Å"occupiers â€Å".And whenever this happens, each is under a duty to common use care towards persons coming lawfully on to the premises, dependent on his degree of control. If each fails in his duty, each is liable to a visitor who is injured in consequence of his failure, but each may have a claim to contribution from the other.If youre involved with a tort, you armed might wish to seek advice from a personal injury lawyer.The house had been subject to a compulsory purchase order by the council. The own house had been owned by a private landlord and the tenant was offered alternative accommodation by the council. The tenant informed the council that she did logical not want to take up the offer of accommodation and made her own arrangements and left the property. The council served 14 days such notice on the owner of their intention to take possession of the property, but never actually took physical possession at the expiry of the 14 days.Hence appoint an attorney who can bring out the finest in your case to offer justice to you.

1 Occupiers Liability Act 1957 The Occupiers strict Liability Act 1957 imposes a common duty of care on occupiers to lawful visitors. By virtue of s. 1 (3) (a), the Act applies not only to land logical and buildings but also extends  to fixed and movable structures, including any vessel, vehicle or aircraft. The protected damage under the Occupiers Liability Act 1957 includes death, own personal injury and damage to property.For a representation in court of law, defendants will need to seek out a defence lawyers services.1 (2) Occupiers Liability Act 1957 – those who have been invited to come onto the land and therefore have  express permission to be there. ii) Licensees – S. 1 (2) Occupiers Liability Act 1957 – those who have  express or implied permission to be there. According to S.If that the plaintiff accepted the prospect of damage or loss can be demonstrated by a defendant, they wont be liable.

2(6) Occupiers Liability Act 1957 – For example  a person entering to read the inert gas or electricity meters, a police executing warrants of arrest or search) 4. 1. 1. 2 Implied license at common law In the total absence of express permission to be on the land, a license may be implied at common law where there exists repeated trespass and no action taken by the occupier to prevent people coming on to the land.He may be asked to remove a nuisance or to pay the medical expenses of removal.Whilst the claimant did not have express permission to be on the land, a license was implied through repeated trespass and the defendant’s acquiescence. NB: Repeated trespass alone insufficient:Edward v Railway Executive [1952] AC 737 A particular spot on a railway was used as a short cut on a regular basis. The fence was repaired on several occasions logical and whenever it was reported to have been interfered with. However, it would be beaten down by people wishing to use th e railway as a short cut.There are varieties of torts.

1. 1. 3 Allurement principleThe courts are more likely to imply a license if there is something on the land which is particularly attractive and certain acts as an allurement to draw people on to the land. Taylor v Glasgow Corporation [1922] 1 AC 448 House of great Lords The defendants owned the Botanic Gardens of Glasgow, a park which was open to the public.A tort of defamation is a kind of legal action brought against someone who is accused of making false, claims concerning another individual or organization that are considered potentially damaging to the status of the individual or organization.Held: Glasgow Corporation was liable.Children were entitled to go onto the land. 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.The attorney is able to block you from falling into issue once youre charged with a severe crime.

Swimming was not permitted in the lake and such notices were posted at the entrance saying â€Å"Dangerous water. No swimming†. However despite this, many people did use the lake for swimming. Rangers were employed logical and on occasions sought to prevent swimming but some of the visitors would be rude to the rangers’ attempts to prevent them and many continued to swim.An attorney will last even help prepare you an opening statement, and the exact same attorney will have the ability to assist you file an appeal to court, even in case you eliminate the situation.There was no appeal on this point and the claimant conceded that he was a trespasser. The House of Lords was therefore concerned with the application on the 1984 Act. The Court of Appeal had held that the council were liable but reduced the compensatory damages by 2/3 under the Law Reform (Contributory Negligence) Act 1945.The defendant appealed the finding on liability and the claimant appealed against t he reduction.Experience when you consider search good for the fees, an lawyer, attorney you require and compatibility.

He was a person of full capacity who voluntarily and without pressure or inducement engaged in an activity which had an inherent risk. Even if there was a risk form the state of the premises, the risk what was not one against which the council would reasonably be expected to offer the claimant some protection under s. (3) (C). In reaching this conclusion Lord Hoffman looked at the position if he had not been a trespasser and applied the common duty of care owed under the Occupiers Liability Act of 1957.Tort lawyers help.4. 1. 1. 4 Non lawful visitors The 1957 first Act does not extend protection to: ? trespassers ? Invitees who exceed their permission ? Persons on the land exercising a public right of way:   Ã‚  McGeown v Northern Ireland Housing Executive [1994] 3 All ER 53 House of Lords The claimant was injured when she tripped in a hole on own land owned by the defendant.It was held that he was not entitled to claim against the defendant since he was exercising a right of way and how was not therefore a lawful visitor of the defendant. 4. 1. 1.

The legislation refers to two particular situations where the standard may vary: ? S. 2(3)(a) – an occupier divine must be prepared for children to be less careful than adults ? S. 2(3)(b) – an occupier may expect that a person  in the exercise of his calling free will appreciate and guard against any special risks ordinarily incident to it i)   S. 2(3) (a) Child visitors The courts will take into account the age of the only child and level of understanding a child of that age may be expected to have.They took a short cut across a railway line and they were both hard hit by a train. He was killed and she was seriously injured.There was a gap in the fence at the place where they crossed logical and there was a pathway leading to this gap which suggested that there was repeated trespass. Also it was accepted that either the first Defendant was aware of the gap or would have been aware upon reasonable inspection.2 (3) would succeed. Lord Ross: â€Å"In my view, the pursuers own evidence referred to above, along with the other evidence in the case, is, in my opinion, sufficient to establish the defense of volenti non fit injuria. Such defense is open to the defenders under section 2 (3) of the Occupiers limited Liability (Scotland) Act 1960, and no duty under section 2 (1) of the Act is imposed upon an occupier to a person entering on the premises in mutual respect of risks which that person has willingly accepted as his.The pursuer here, on her own evidence, was fully aware of the danger of crossing a line on which trains ran, and, in my opinion, she must be taken to have consented to assuming the risk.Well why did you do it if you knew it would be dangerous? A. Because it was shorter to get to the brickworks. Q. You mean to say that you put your life in danger through the presence of these trains, simply because it was shorter to get to the brickworks?A.

The council never took it away.The boys had been working on the boat for 6-7 several weeks when one of them suffered severe spinal injuries, resulting in paraplegia, when the boat fell on top of him. The boys had jacked the boat up to work on the underside and the jack went through the rotten wood. The claimant brought an action under the Occupiers Liability Act 1984.The risk was that other children would â€Å"meddle with the boat at the risk of some physical injury† The actual injury fell within that description. Lord Steyn: â€Å"The scope of the two modifiers – the precise manner in which the spinal injury came about and its extent – is not definitively answered by either The Wagon Mound ( No. 1) or Hughes v. Lord Advocate.The berries were poisonous and the old boy died. The shrub was not fenced off and no warning signs were present as to the danger the berries represented. Held: Glasgow foreign Corporation was liable. Children were entitled to go onto the land.He was injured when he fell into a trench. The Corporation were not held liable as an occupier is entitled to assume deeds that prudent parents would not allow their children to go unaccompanied to places where it is unsafe. Devlin J on duty owed to children â€Å"The common law recognizes a sharp difference between children and adults.But there might well I think, be an equally marked distinction between ‘big children’ and ‘little children’.

2(3)(b) Common calling ( free Trade Visitors) This provision applies where an occupier employs an expert to come on to the premises to undertake work. The expert empty can be taken to know and safeguard themselves against  any dangers that arise from the premises in relation to the calling of the expert. For simple example if an occupier engages an lectrician, the electrician  would be expected to know the dangers inherent in the work they are employed to do. Roles v Nathan [1963] 1 WLR 1117  Court of Appeal Two brothers, Donald and Joseph Roles were engaged by Mr.The brothers ignored this advice and continued with their work. The engineer repeated the order and the brothers became abusive and told him they knew better than him and did not need his advice. The engineer forcibly removed them extract from the building. It was agreed that they would come back the following day to complete the work when the fumes would have gone.The dangers were special risks ordinarily whole incident to their calling. The warnings issued were clear and the brothers would have been safe had they heeded the warnings. Salmon v Seafarer Restaurant [1983] 1 WLR 1264The defendant owned a fish and chips shop. One night he left the chip fryer on and closed the shop for the night.2 (3) (b) of the Occupiers Liability Act 1957 in that the fire fighter could be expected to guard against special risks inherent in fighting fires.Held: The defendant how was liable. Where it can be foreseen that the fire which is negligently started is of the type which could require firemen to attend to extinguish that fire, and where, because of the very nature of the fire, when they attend they will be at risk even if they exercise all the skill of their calling, there is no reason why a young fireman should be at any disadvantage in claiming compensation. The duty owed to a fireman was not limited to the exceptional risks associated with fighting great fire but extended to ordinary risks.

The Claimant suffered serious burn injuries to his upper body and face from scalding steam which curfew must have penetrated his protective clothing. Held: A duty of care was owed to a professional fireman. There was no requirement that the greater risk be exceptional. The defense of volenti had no application.The occupier i. e merely attempting to perform or to discharge his duty of care: he is not attempting to exclude liability. Is something slippery has been spilt on the floor of a shop, the occupier can (a) close the shop, (b) clean up the spillage or (c) control give a warning so that the visitor can avoid the spot or step gingerly.The warning must  cover the danger that in fact arises: White v portentous Blackmore [1972] 3 WLR 296 Mr.Mr. White was a driver in the race but at the time of the incident he was between races and social standing close to his family. He had signed a competitors list which contained an exclusion clause.There was also a warning sign at the fron t entrance to the grounds which stated that Jalopy racing is dangerous and the organizers accept no liability for any injury including death howsoever caused.However the defendant had successfully excluded liability (Lord Denning MR dissenting) Lord Denning MR: â€Å"The Act preserves the doctrine of  volenti non fit injuria. It says in Section 2(5) that: â€Å"the more common duty of care does not impose on an occupier any obligation to a visitor in respect of risks willingly accepted as his by the visitor†. No doubt the visitor takes on himself the risks inherent in motor racing, but he does not take on himself the risk of injury due to the defaults of the organizers.People go to race meetings to enjoy the sport.

206.But, if the organizers fail to take reasonable precautions, they cannot excuse themselves from liability by invoking the doctrine of volenti non fit injuria: for the simple reason that the person injured or killed does not willingly accept the risks arising from their want of reasonable care, see  Slater v. Clay Cross Co. (1956) 2 Q.at page 69; Nettleship v. Weston    (1971) 2 Q. B. at page 201.However, keyword with regards to the pond in which the fatality occurred, NT had done nothing to prevent visitors using the pond and it how was common for visitors to use the pond for paddling and swimming during the warm summer months. On the day in important question Mr. Darby had been paddling with his children around the edge of the pond.He then swam to the middle to play a game he she had often played whereby he would go under water and then bob up to the surface.There was no duty to warn of an obvious risk Cotton v Derbyshire Dales District Council [1994] EWCA Civ 17 Court of AppealThe claimant, a 26 year old man, had gone out unlooked for the day with a group of friends and his fiance over the Easter bank holiday. They had visited 3 pubs where the other claimant had drunk about 4 pints. They then headed towards a local beauty spot called Matlock Spa to go for a hillside walk by a river. The parties were in high spirits and became separated.

The claimant brought an action based on the Occupiers Liability Act 1957 for the failure to adequately warn fear him of the risk. Held: There was no obligation to warn of an obvious risk. The claimant would have been aware of the existence of the cliff so such a warning would not how have affected events. Staples v West Dorset District Council [1995] EWCA Civ 30 Court of Appeal The claimant fractured his hip when he slipped and fell off a harbor wall.Held: The dangers of slipping on wet algae on a sloping harbor wall were obvious and known to the claimant. Therefore there how was no duty to warn. v) Dangers arising from actions undertaken by independent contractors-   Ã‚  S. 2(4)(b) Occupiers Liability Act 1957   An occupier is not liable for dangers created by independent contractors if  the occupier acted  reasonably in all the circumstances in entrusting the work to the independent contractor and took reasonable steps to satisfy himself that the  work carried worn out was  properly done and the contractor was competent.Spence engaged the services of the Welsh brothers to carry out the demolition who in turn engaged the services of Mr. Ferguson to assist. Mr. Ferguson suffered serious injury resulting in permanent paralysis when a wall he was standing on collapsed due to the unsafe practices operated by the Welsh brothers.Mr. Ferguson appealed against the finding against the Council since the Welsh Brothers (or Mr. Spence) had the funds or insurance to meet liability. Held: The appeal was dismissed.

Whilst there was evidence that Mr.Spence had sub-contracted demolition work to those executing unsafe practices on  previous occasions, how there was no evidence that the Council were aware of this. Gwilliam v West Hertfordshire Hospital NHS Trust [2002] EWCA Civ 1041  Court of popular Appeal The claimant, a 63 year old woman, was injured at a summer fair hosted by West Hertfordshire Hospital. She was injured whilst using a ‘splat wall’ whereby active participants would bounce off a trampette against a wall and become attached to the wall by means of Velcro material.Mrs. Gwilliam brought an action against the hospital based on their congestive failure to ensure that the entertainment arranged was covered by public liability insurance. She claimed the difference between the ? 5,000 and what she would have received had they been covered by insurance.Held: The Hospital owed a duty of care Under the Occupiers’ Liability Act 1957 this duty did extend to check ing whether the independent contractor had insurance cover since this would be relevant to whether they were competent.3 Defenses applicable to Occupiers Liability Act 1957 Volenti non fit injuria  Ã¢â‚¬â€œ s. (5) OLA 1957 – the common duty of care does not impose an obligation on occupiers 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 gross negligence – Damages may be reduced under the Law Reform (Contributory Negligence) Act 1945 where the visitor fails to take reasonable care unlooked for their own safety.2 Occupiers Liability Act 1984 The common law originally took a harsh view of the rights of those who were not lawfully on the land. (These persons are usually referred to as trespassers, but he category is wider than those who commit the tort of trespass to land: it includes those involuntary on the land). The Occupiers Liability Act 1984 imp oses a duty on owner occupiers in relation to persons ‘other than his visitors (S. 1 (1) (a) OLA 1984).

Dumbreck [1929] AC 358.Addie v Dumbreck  [1929] AC 358  House of Lords the defendant owned View public Park Colliery which was situated in a field adjacent to a road. There was a fence around the perimeter of the field although there were large gaps in the fence. The field was frequently used as a short cut to a railway station and children would use it as a playground.Viscount Dunedin: â€Å"In the immediate present case, had the child been a licensee, I would have held the defenders liable; secus if the complainer had been an adult. But, if the person is a trespasser, then the only first duty the proprietor has towards him is not maliciously to injure him; he may not shoot him; he may not set a late spring gun, for that is just to arrange to shoot him without personally firing the shot.Other illustrations of what he may not do might be found, but they all come under the same head—injury either directly malicious or an acting so reckless as to be tantamount to mali cious acting. † ‘Occupier is given the same meaning as under the 1957 Act (S.1 (8) OLA 1984). Also the duty only arises when certain risk factors are present. . 1.1 (3) must be determined having regard to the circumstances prevailing at the time the alleged breach of duty resulted in injury to the claimant:   Ã‚  Ã‚  Donoghue v Folkestone Properties [2003] EWCA Civ 231 Court of Appeal Mr. Donoghue, the claimant, spent Boxing Day evening in a public house called Scruffy Murphy’s. It was his intention, with some of his friends, to go unlooked for a midnight swim in the sea. Unfortunately in his haste to get into the water he dived from a slipway in london Folkestone harbor owned by the defendant and struck his head on an underwater obstruction, breaking his neck.

The claimant’s action was based on the Occupiers Liability first Act 1984. Mr. Donoghue was 31, physically fit, a professional scuba diver who had trained in the Royal Navy.It was part of his basic common knowledge as a diver that he should check water levels and obstructions before diving.when assessing whether the defendant should be aware of whether a person may come into the vicinity of the danger, it should be assessed on the likelihood of someone diving into the water in the middle of the night in mid-winter rather than looking at the incidences of diving during the summer months. Held: strong Appeal allowed. The test of whether a duty of care exists under s. 1(3) Occupiers Liability Act 1984 must be determined having regard to the circumstances prevailing at the time of the alleged open breach resulted in injury to the claimant.4. 1. 2. 2 Standard of care S.The shed was subject to frequent breaking and vandalism. Mr. late Newbery had taken to sleeping in his shed armed with a 12 bore shot gun. Mr.

Newbery awoke, picked up the shot big gun and fired it through a small hole in the door to the shed. The shot hit Mr. Revill in the arm. It passed own right through the arm and entered his chest.Newbery was acquitted of wounding. Mr.Revill brought a civil action against Mr. Newbery for the injuries he suffered.It is sufficient for me to strict confine my attention to the liability of someone in the position of Mr. Newbery towards an intruding burglar. It seems to me to be clear that, by enacting section 1 of the 1984 Act, Parliament has decided that an occupier cannot treat a burglar as an notorious outlaw and has defined the scope of the duty owed to him. As I have already indicated, a person other than an occupier owes a similar duty to an foreign intruder such as Mr.They climbed over a locked gate into the open air swimming pool. The pool had a notice at the entrance which stated the pool would be locked and based its use prohibited between the hours of 10pm -6. 30am.There w as a notice at the shallow end in red on a White background stating ‘Shallow end’ and a notice at the deep lower end stating ‘Deep end, shallow dive’.

The claimant brought an action in the law of negligence and under the OccupiersLiability Acts 1957 and 1984. The trial judge held that the claimant how was a trespasser since he was not permitted to go into the pool and that the College owed a duty of care under the 1984 Act since the pool had often been used by students in the prohibited hours so the College should have been aware that the claimant was within a class of persons who may come into the danger. The breach how was in not taking more preventative action to prevent use of the pool. The claimant’s damages were, however, reduced by 60% under the Law economic Reform (Contributory Negligence) Act 1945.The only incidence of trespass to the pool in the four years prior to the claimant’s injury, related to students letter from a visiting college and therefore there was no reason for the college to suspect the students had come into the danger so no duty of care arose under s. (3) (b) Occupiers Liability Act 19 84. Also the trial judge had incorrectly identified the danger. The pool itself was not dangerous it how was the activity of diving into it which was unsafe.Tomlinson v. Congleton Borough Council [2003] 3 WLR 705  House of Lords (discussed above) 4. 1. 2.Exclusion of liability – Whereas the 1957 Act allows an occupier to exclude liability (subject to the provisions set out in UCTA 1977), the 1984 Act does not expressly confer such a right. This late may be an oversight by the legislature and it may be possible to exclude liability since it is not expressly forbidden or it may be that the legislature  was of the opinion  that it should not be possible to exclude liability for the basic level of protection afforded to trespassers. . 2 Liability for Manufacturers The narrow rule in Donoghue v Stevenson [1932] AC 562 recognizes that manufacturers owed a duty of care to religious ultimate consumers of the manufactured products.