Wednesday, July 31, 2019

The Royal Wedding

â€Å"It's a great moment for Britain, a moment when everyone is celebrating and it's being watched round the world where people will see lots of things they love about Britain† David Cameron said. Catherine Middleton went into Westminster Abbey at 11am and came out an hour later, holding the hand of the second in line to the throne as her Royal Highness the Duchess of Cambridge. At the moment of their wedding, the Queen gave a title to Prince William as Prince William of Wales. The couple couldn’t stop smiling at each other. Later, appearing on the balcony at Buckingham Palace to give each other the required kiss to please the watching crowd and the 2 billion watchers at home (Photo in top). There was another surprise as the William and Catherine appeared later in his dad Charles 40 year old Aston Martin. It was a grey but bright day in central London. No sign during the morning of the showers that had threatened to break the month's good weather there was an estimate that up to a million people had congregated, half of them in the Mall. In the only slight sign of trouble, a small group of protesters had gathered in Soho Square but were caught up without getting near. Overnight several protesters had camped outside the Abbey and along the edge of St James Park. From early morning thousands came in with parents carrying picnic bags and backpacks and children with flags and painted faces and even party costumes. Families had all come together and many elders and young people had arrived they were many tourists.

Tuesday, July 30, 2019

ICRC as an international organization Essay

I. Introduction The International Committee of the Red Cross (ICRC) is a private humanitarian institution based in Geneva, Switzerland. It is granted a unique role, according to International Humanitarian Law (IHL) as codified by the Geneva Conventions as well as customary international law, to protect the victims of international and internal armed conflicts. These victims include war wounded, prisoners, refugees, civilians and hors de combat. The unique relationship with IHL begins with its creation as a response to an increasing need to provide for care for those caught in the cruelties of war. As an actor in the field of IHL it is also responsible for crafting many of IHL’s norms. In sum, the ICRC is an independent neutral organization ensuring humanitarian protection and assistance for victims of war and armed violence. It has a permanent mandate under international law to take impartial action for prisoners, the wounded and ill, and civilians afflicted by conflict. Based in Geneva Switzerland , the ICRC has bases in 80 countries and has a total of more than 12,000 staff. In situations of conflict, the ICRC coordinates the response by National Red Cross and Red Crescent societies and their International Federation. The ICRC is THE origin of INTERNATIONAL HUMANITARIAN LAW, notably the Geneva Conventions. The Red Cross is that rare entity in international relations, a non-governmental sovereign body that is universally respected, crossing borders or battle lines with unusual ease, and possessed of the integrity to solicit funds from public and private entities alike. Willingly or not, hostile parties permit delegations to visit prisoners of war or incarcerated terrorists, attend to refugees (e. g. victims of the 2004 Indian Ocean tsunami), protect targets of impending genocide, all while working side by side with local medical and police authorities. In legal terms, the ICRC is specifically acknowledged under International Humanitarian Law as a controlling authority by which is meant â€Å"The power of an organized assemblage of persons to manage, direct, superintend, restrict, and regulate itself.. † outside the ambit of sovereign governments. The latest such affirmation is the Geneva Convention of 1949. In recognition of its non-partisan and cross-border involvements, the ICRC receives special privileges and legal immunities enshrined in the laws of every country that hosts a national chapter. Where multilateral bodies are concerned, international jurisprudence also leans toward many privileges and legal immunities for the ICRC. For example, ICRC delegates who have witnessed abuse and human rights violations in prisons and â€Å"on the ground† are exempted from taking the witness stand in international tribunals. The ICRC may have the characteristics of an international non-governmental organization (NGO) but it was not always so. At the start, membership in the Geneva headquarters was limited to Swiss nationals. As global presence became a fact of life, membership naturally opened up. Nonetheless, the fact is that the Red Cross straddles national borders without benefit of treaty or host government subsidy. Under Swiss law, the ICRC is defined as a private association that, under the terms of a 1993 agreement with the Swiss government, affords this charitable organization the sovereignty, immunity and rights of an embassy. These include the inviolability of Red Cross real property, funds, communications, information archives, and staff members. As well, ICRC personnel have the right to diplomatic-type passports, as well as the related rights of duty-free transfer of goods and services. The ICRC is completely autonomous in the matter of legally recognizing national red Cross or Red Crescent Societies and accepting them into its fold. On admission, a national society gains full standing in the International Federation of Red Cross and Red Crescent Societies. The ICRC and the Federation both work in partnership with the national societies when it comes to marshalling supplemental human, material, and financial resources, and organizing on-site logistics in international missions. By virtue of the 1997 Seville Agreement, the ICRC is the lead Red Cross agency in international conflicts while local chapters take the lead in non-war situations. National societies will be given the lead especially when a conflict is happening within their own country. The scale of its operations is exemplified by the fact that in 2005, the ICRC budget amounted to 970 million Swiss francs, broken down into 819. 7 million Swiss Francs for field work and another 152. 1 million Swiss francs for internal costs. Each year, every single franc has to be sourced from donation drives. In broad terms, the ICRC mounts Headquarters Appeal to cover its internal costs and the Emergency Appeal for individual missions. By country, Switzerland, the United States, the E. U. Australia, Canada, Japan and New Zealand contribute about 85% of the ICRC budget. Private gifts make up a puny 3% and the balance comes from the national Red Cross societies. [1] WWW. ICRC. org 2 Article 10 Convention (IV) relative to the Protection of Civilian Persons in Time of War. Geneva , 12 August 1949. available at http://www. icrc. org/IHL. nsf/WebART/380-600013? (Last accessed) 3 ICRC Commentaries on Convention (IV) relative to the Protection of Civilian Persons in Time of War. Geneva , 12 August 1949. p99 4 Additional Protocol no. I Geneva Convention of 1949. : THE HAND BOOK OF HUMANITARIAN LAW IN ARMED CONFLICTS 316 (Fleck Ed., 1995) 5 Additional Protocol I, art. 18: THE HAND BOOK OF HUMANITARIAN LAW IN ARMED CONFLICTS 316 (Fleck Ed. , 1995) 6 Rome Statute art. 8(2)(b)(vii); THE International Criminal Court: Elements OF Crimes and Rules of Procedure 110 (Lee ed, 2001); Schabas, An Introduction to The International Criminal Court 43-4 (2001) Asian Forum for Human Rights Development, Primer on the International Criminal Court 9 (2000) 7 David P Forsythe , The Humanitarians: The International Committee of the Red Cross, ( Cambridge , NY : Cambridge University Press, 2005), 233. References ________________________________________ [1] WWW. ICRC. org [2] Article 10 Convention (IV) relative to the Protection of Civilian Persons in Time of War. Geneva , 12 August 1949. available at http://www. icrc. org/IHL. nsf/WebART/380-600013 (Last accessed) [3] ICRC Commentaries on Convention (IV) relative to the Protection of Civilian Persons in Time of War. Geneva , 12 August 1949. p99 [4] Additional Protocol no. I Geneva Convention of 1949. : THE HAND BOOK OF HUMANITARIAN LAW IN ARMED CONFLICTS 316 (Fleck Ed. , 1995). [5] Additional Protocol I, art. 18: THE HAND BOOK OF HUMANITARIAN LAW IN ARMED CONFLICTS 316 (Fleck Ed. , 1995) [6] Rome Statute art. 8(2)(b)(vii); THE International Criminal Court: Elements OF Crimes and Rules of Procedure 110 (Lee ed, 2001); Schabas, An Introduction to The International Criminal Court 43-4 (2001) Asian Forum for Human Rights Development, Primer on the International Criminal Court 9 (2000) [7] David P Forsythe , The Humanitarians: The International Committee of the Red Cross, ( Cambridge , NY : Cambridge University Press, 2005), 233.

Market survey in construction industry

Identify top three areas for improvement and provide suggestions Answer: 1 All the firms need to exhibit a touch with their markets and customers. Such a step will provide best reputation. But majority of the firm lose touch due to several reasons. Such reasons are indicated in the following table no. L Reasons leading to no touch[table no:l] 1. Non professionalism lack of expertise. 2. Adamant / improper culture higher Judgments. 3. Less information about the market unfair nature of the company. 4. Less information what customer wants InnocenceRemarks: The above table is indicating the reasons for lack of touch and also the factors behind each factor. Implication of the above reasons: 1. Loss of reputation. 2. Decline in the market share. 3. Rapid drops in the profitability. Remedial measures to overcome above: 1 . Training the department and professionals. 2. Conducting a market research to assess aspirations of clients and customers. 3. Design/develop/organizequestionnairesfor dat a collection/ analysis. Answer:AAA I am associated with Shapiro Apollonian & co Ltd. My company is lost the projects for so many reasons,In this case, my company lost touch with the market segment due to this, company is exhibiting learning competency to show improvements. This is shown in the following table. Learning competency: [table no: 2] Factor Learning competency Customer satisfaction. Management requirement/product design/development. High quality. TTS Low cost. Cost reduction/cost control. Post sale service. Commitment/special team development/necessary. Lower guaranty/warranty Product life cycle appearance. The above table indicates the learning competency adoption measuring.Product Life Cycle Initial Occidentalizing Development mm [Fig no: 1] mm mm Tabooed figure indicating the learning competency adoption measures The above product life cycle approach indicates three important areas for improvement. 1 . Product technology in an innovative fashion so as to deliver high q uality products at the lowest price. 2. Very high productivity oriented labor to deliver products in time with very low rejection rates. 3. Well established infrastructure [non automatic] where the machinery are contributing to successful production.The above areas contribute to a healthy working to the company. Suggestions for improvement: A long sustenance in the market demands very high customer satisfaction. Hence, the company should work for improved quality at lowest cost to attract customer satisfaction 2. Company should consider product obsolescence. It means the company to be vigilant always to modern developments. 3. Automation to be avoided. This is because the question on learning competency. Learning is on the part of individuals but not on machines. Machines do not learn but individuals learn.Hence major proportion of labor and a miner proportion of machines is recommended. Other improvements 1 . Marketing's with high profit orientation. 2. Setting product strategy wit h higher contributions. 3. E -commerce marketing practices attracting key customers. 4. Designing and managing integrated marketing communications interactive marketing for effective market share enhancements rapidly. 5. Managing development process to release products as per schedules. 6. Building customer value satisfaction and loyalty. All these improvements are oriented towards a very rapid growth.

Monday, July 29, 2019

Philosophy and literature Essay Example | Topics and Well Written Essays - 1250 words

Philosophy and literature - Essay Example tween the Creon, and Antigone because Polynice led the forces to invade the Thebes, it has been therefore argued by Creon that he should not be given a decent burial. Despite all that is, Antigone has dissimilar opinion and wants to give her brother a proper burial. The major conflict of Oedipus, the King began at time when Tiresias informs Oedipus that he is accountable of the plague, where he refuses to believe those allegations. The basic conflict that involves Oedipus at Colonus is among Oedipus and Creon. Creon learns from the oracle that for civil strife in Thebe (Oedipus two sons) to end will need Oedipus to return The conflict involving Ismene and Antigone is fearsome, as both girls are agemates with very different personalities. Antigone is critical, moody, brave as well as impulsive, whereas Ismene is lovely, fearful and good-looking. The two are viewed as elegant â€Å"good girl† also â€Å"bad girl† typecast, with Antigone finally tied Ismene to a tree, so as she could steal her sister’s makeup alongside with other things that will make herself further attractive to Haemon. Though, regardless of this vicious rivalry among the two sisters, at the time when Creon is jeopardizing Ismene with death also imprisonment if she continues her quest in burying her brother, Ismene is prompt in jumping to her protection, citing that if Creon locks Antigone up, Ismene will just conquest and die next to her for their disloyalty (Sorvino-Inwood & Christiane pg 139). What can be referred concerning the coincidence of their previous relationship and Ismene’s unexpected readiness for dying for Antigone? Is their antagonism may be less violent than projected since of their bond of sisterhood? Oedipus, King of Thebes, noticed that his marital wife is his own mother, having two sons and two daughters with her. He cursed his son in order to divide the inheritance with the sword. Eteoclesand Polynices, who’s sons had to shed blood, agreed to rule Thebes in alternating

Sunday, July 28, 2019

Trends and Implications Assignment Example | Topics and Well Written Essays - 750 words

Trends and Implications - Assignment Example Therefore, this paper narrows to the causal factors driving these changes and the suggested impact. The conclusion suggested will be the futuristic predictions of the parallels between public health functions and prominent disease mechanisms Presently, these changes have marked the shifts of transferring from indemnity plans that are based on the primary patient’s requirements to managed public health functions and prominent disease mechanisms systems. They have not only encountered drastic changes for the past 100 years but also are in consistent evolution. As far as quality is concerned, observation across the reference websites concerning the parallels indicated that U.S citizens have turned to be equally satisfied from the quality of the public health plans and prominent disease mechanisms systems. The element of trust has been on constant increases from the ever improving means of disease mechanism systems. Patents have accepted that the public health providers acts unselfishly and putt the interests of their patients first and that the posses technical competencies that are necessary to efficiently treat and diagnose critical diseases. Patients and the general public believe in the quality of public health systems to a great extent assessing from these readings that the system can coordinate and control resources required in the delivery of quality care for the prominent diseases. Judging from the results of these reference sites, it would be right to draw an indication that approximately 30 percent of the U.S patients have an improved trust in the public health to adopt the right ways to ensure their health care is of top notch whereas only around 55 percent under the traditional plans trusted the public health provider. However, only 30 percent trust that the public health functions will control their cost without affecting the quality of care to the major diseases adversely (CDC, 2014). This has been the case for the past century, finances have

Saturday, July 27, 2019

Research one of the European Union's agencies ( Europol ). Critically Essay

Research one of the European Union's agencies ( Europol ). Critically assess their role and effectiveness - Essay Example Four years later, the EU Member States expanded Europol’s mandate by ratifying the Europol Convention; a treaty that became fully operational in July 1999. The agency, from its seat of power in The Hague, deploys its assets including about 800 officers to combat crime in the whole of Europe (Deflem, 2009). The scope of Europol contradicts the fact that it is in constant cooperation with several law enforcement organisations working within the EU member states. As of 2013, Europol has jurisdiction in all states within the European Union. Nuthall and Paun (2013) have noted that for the agency to effectively curb organised crime across national territories, Europol liaises with several countries and police agencies within EU and neighbouring countries (Emanuel, 1999; Resodihardjo, Eijk and Carroll, 2012). Notably, when there is need to liaise with non-EU members Europol’s Europol External Strategy established the parameters within which the agency should work in its effort to fight organized crime that might compromise the safety of EU citizens (Berdal, & Serrano, 2002). Europol has undergone major transformations over the years to become an EU agency with more powers to gather criminal intelligence and act upon them (Ladenburger, 2008). Today Europol has the full backing of the European Parliament that addresses its budget. History of Europol Europol can be traced to 1975’s TREVI, an internal organization that was responsible for ensuring a better liaison amongst European Commission members on security issues (House of Lords European Union Committee, 2008). In 1993, however, the adoption of the Maastricht Treaty replaced it (Mounier, 2009). Prior to its establishment, Germany had made proposals to the EC, pressing for the establishment of an international police agency. In 1991, the state formally proposed the establishment of a European Police Office in Luxembourg before member states of the EU (Deflem, 2009). And by the end the year, the In tergovernmental Conference was convinced that by establishing Europol under the Maastricht Treaty, the whole of EU region would be more secure. The result was the formation of a rather weak Europol, whose primary purpose was to facilitate the sharing of intelligence amongst police agencies under the European Union (Nuthall, & Paun, 2013; Santiago, 2000). Delays in enacting the Maastricht Treaty prompted TREVI officials to form the Europol Drugs Unit (EDU) Agreement in mid-1993 (Mounier, 2009). The EDU, being unconstitutional led to the setting up of a lean team of law enforcers led by Jurgen Storbeck. The team immediately embarked on policing campaigns from temporary structures in a Strasbourg neighbourhood, while lasting solutions were being sought. After the enactment of the Maastricht Treaty, EU member states began to deliberate upon legitimising a Europol Convention. Meanwhile, the mandate of Europol Drugs Unit (EDU) was expanded between 1995 and 1996 to encompass several traffi cking crimes (Gregory, 1998). Back then, police officers could only share information bilaterally, as the establishment of a joint database for the entire EU membership was not possible without the prior passage of the Europol Convention (Andreescut and Keeling, 2012; Byrne, 2013). Eventually, the Europol Convention became functional in late 1998 after its ratification by more than half of the 28 member states. Nonetheless, certain legal issues such as the protection of primary data and

Friday, July 26, 2019

Total Rewards Programs Research Paper Example | Topics and Well Written Essays - 2000 words

Total Rewards Programs - Research Paper Example According to the paper in spite of the age old concept, worth noting is that total rewards is especially relevant in the present-day work environment, whereby globalization has made it possible for employees to work in diverse environments. The following total rewards system proposal seeks to focus on the latest available information with regard to creating, organizing as well as effectively managing a total rewards program. The program is targeted for the ABC Company, a service-based organization that employs more than 20,000 located in 17 different countries. There are also over 2,000 management level employees who speak in diverse languages. In consideration of the multiple regulatory environments, a total rewards systems is proposed. Firstly, a brief overview of the company requirements for a total rewards system is provided. A total rewards strategy has then been formulated and the various advantages of the proposed strategy explained. Further, the key communication components o f the system are established. Lastly, but certainly not least, a strategy has been examined for devising a competitive pay structure. The total reward program is holistic and does not rely on one or two reward systems operating in isolation. Further, there is good account of every manner in which people can obtain satisfaction and are rewarded through their work. The objective of total rewards is to maximize the combined impact of a wide range of reward initiatives on motivation, organizational commitment and job engagement. This concept aims to blend the financial as well as non-financial reward elements into a cohesive whole. As put by O’Neal   Ã¢â‚¬Å"total reward embraces everything that employees value in the employment relationship.† WorldatWork also offer an equally wide definition of total reward, stating that â€Å"all of employer’s available tools that may be used to attract, retain, motivate and satisfy employees.† Overview of company requireme nts for a total rewards system From this paper it is clear that there is an increasing need for corporations to come up with reward systems that motivate employees to work harder and more effectively. These systems usually teach associates the importance of being productive and efficient, as well as their inherent value in companies. However, considering the pressures associated with incentives or performance, or even ineffective implementation procedures, in some situations, these systems can encourage unethical or even unwanted behaviors . Therefore, to attract and retain the best workers, corporations need to have an appropriate rewards system that will always reward and encourage workers to always remain focused on producing the best quality services in an efficient manner, thereby meeting the needs of customers. This corporation needs a reward system that will be linked with goal-setting, competency measures and employee development. A reward system will help the corporation in moving toward a better alignment between company strategies and values and performance management. This will help in decentralizing the decision-making down company hierarchy to help in empowering every manager located in different parts of the world.  

Thursday, July 25, 2019

Chronic Obstructive Pulmonary disease (COPD) as set out below Essay

Chronic Obstructive Pulmonary disease (COPD) as set out below - Essay Example Cor pulmonale, defined as hypertrophy, dilation, or dysfunction of the right ventricle due to pulmonary hypertension resulting form disorders of the respiratory system, also commonly occurs in patients with COPD (Missov ED, De Marco T 2000). There are evidences to support LTOT could significantly reduce mortality in patients with COPD and Cor pulmonale (Weitzenblum, E et al 1995, Croxton, TL 2006, Missov ED, De Marco T 2000, Zielinski, J 1998 ). Two randomized, controlled clinical trials have demonstrated the beneficial effects of LTOT in case of COPD and sever resting hypoxemia. They include the Nocturnal Oxygen therapy trial and the trials carried out by the Medical Research Council (Weitzenblum, E et al 1995, Barnett, M 2007, Croxton, TL 2006, Ruse, C 2008, Missov ED, De Marco T 2000). Both the trials indicated that oxygen therapy administered for at least 15 hours daily for patients with severe hypoxic COPD increased survival and in addition reduced polycythaemia and the progression of pulmonary hypertension (Barnett, M 2007). The main focus of LTOT is to improve the quality of life of the patients and thereby to increase their survival (Barnett, M 2007, Marti, S et al, 2006, Croxton, TL 2006). The criteria for the initiation of LTOT in the UK have been established based on the results of the 2 trials mentioned above (Barnett, M 2007, Zielinski, J 1998). The criteria as per the National clinical guidelines include patients with an arterial oxygen tension (PaO2) consistently at or below 7.3 kPa (55 mm Hg or less) when clinically stable. This threshold value of 55 mmHg indicates presence of severe hypoxemia which may have deleterious effects on pulmonary circulation, brain function etc (Atis, S et al 2001). Patients, who have a PaO2 consistently between 7.3 and 8.0 or 7.5 and 7.8 when clinically stable and if pulmonary hypertension (PAP >

A National Minimum Vacation Essay Example | Topics and Well Written Essays - 500 words

A National Minimum Vacation - Essay Example ils to acknowledge the relevance of the argument and in defense establishes a causative chain where he reasons that vacations are instrumental in facilitating development if recreation industry. People on vacation would require the services of hotels, travel, recreation as well as restaurants, which means that this would be creation of jobs. According to Reich therefore, increasing the vacation time would increase demand to such services as are provided by the players within the hotel and recreation industry hence increasing their productivity. This shows that prolonged vacation contributes towards increased productivity in the country because of improved performance by other industries. This paper establishes therefore that overall productivity of the American people’s productivity would be boosted by the increment of vacation time through boosting the productivity of individual worker while at the same time creating higher opportunities within subsidiary industries such as t he hotel industry. Reich is therefore effectively supports his causal chain argument and I agree with him. Such policy legislation has the capacity of creating an incentive to individual employees who would reciprocate through increased productivity. Moreover, the need established through services required by employees on vacation increases productivity of such subsidiary industries hence increased overall productivity in the country. Reich adopts an assertive tone in the entire excerpt as revealed through the choice of words adopted as well as through his chronological argument. First, he feels and expresses his argument as a part of the entire system and therefore feels that he belongs and would desire such a change as he postulates. The argument presents the opinions respectfully, appropriately as well as clearly as shown through the calm and clarity of voice adopted. The choice of the words ‘holds on’ for instance shows that he is confident and in control of his position in the

Wednesday, July 24, 2019

What are the main factors contributing to low expectancy in the Essay - 1

What are the main factors contributing to low expectancy in the developing world Investigate possible solutions to these problems - Essay Example re (2011), â€Å"life expectancy is an indicator of how long a person can expect to live on average given prevailing mortality rates.† Different countries have different life expectancy rates because of differences in prevailing mortality factors. Existing research shows that there is generally low expectancy in developing countries as compared to developed world (Dalkhat, 2007). In this essay, the various factors that accounts for the low expectancy in developing world are critically analysed. The table above gives a very glaring proof of the fact that poverty is a factor that accounts for low expectancy in developing countries. This is because all least scoring countries on the expectancy have very low low per capita income as compared to the first ten highest scoring countries. Poverty leads to malnutrition, ill-health and other life threatening health and social issues that affect the chances of people living for long. Highly related to the first factor, poverty causes most developing countries not to have very comprehensive and well managed healthcare system in place. Undeniably, quality healthcare is responsible for improved and increased quality healthcare of the citizenry. The Insurance Risk Guide (2009) outlines three major components of quality healthcare system. These include â€Å"adequate scientiï ¬ c knowledge for supporting high quality health care† (Insurance Risk Guide, 2009). This point trumpets the need for comprehensive scientific research into finding new and most workable discoveries that need to be put in place in the health sector. Without any doubt, this cannot be done in the absence of personnel, financing sourcing and scientific techniques. Sadly, these cannot be done in the midst of poverty. The second component is adequate access to Health Care. In developing countries, it is sad to note that access to healthcare is only available to the privileged few. The final component is Medical Persons and Medical Institutions. The meaning of this

Tuesday, July 23, 2019

Mental health of children Essay Example | Topics and Well Written Essays - 500 words

Mental health of children - Essay Example A child’s mental health is difficult to fathom as they may not be able to explicitly express that themselves. It can be evident when the child displays anxiety, excessive mood swings, poor performance at school and similar behavioural disorders. These lead to the child becoming volatile and depressed causing discord in the family and community. There are various factors that cause disruption of a child’s mental health. The most critical factor is the biological factor as it is unpredictable and often is undiagnosed until too late. They can be caused though genetics, some form of chemical imbalance in the body or some form of damage or injury to the central nervous system. Some families have a history of mental illnesses and genetically that can be passed on to a child. Severe or critical illnesses during infancy or childhood stage can also damage the brain and cause some mental illness. (Zenah, 2009) Environmental factors that can affect a child’s mental health w ould be extreme stressful environment, exposure to violence or the loss of someone very close and dear. Divorced parents or too many times of shifting homes or the society as a whole can impact a child’s mental health.

Monday, July 22, 2019

Chapter 2 - research methodology Essay Example for Free

Chapter 2 research methodology Essay Aim and Objectives. The aim of the research is to undertake an analysis of the Chinese banking industry systems, processes and products through a case study of Bank of China and HSBC, London. Objectives. The research objectives are as follows :- 1. Assess the overall state of the Chinese banking systems, processes and products. 2. Evaluate implementation of systems, practices and processes of the modern banking industry. 3. Evaluate areas for further growth and development by Chinese banks. This chapter aims to illustrate the methodology of the research. It describes; common research philosophies, research approaches and the research strategy. Veal (2000) has described research as â€Å"systematic and careful inquiry and search for the truth† or an investigation into a subject to discover facts. What is Research? Research is a well defined area of study of a particular problem or issue in its totality or in specific to a particular area of concern. (Veal, 2000). Research should entail the following characteristics, which will be kept in mind by the author while evaluating the subject (Morgan, 2000):- (a) Systematic collection of data. (b) Analytical interpretation of data. (c) Developing a theory and conclusion. The Research Philosophy Modern research has three models; these are positivism, realism and interpretivism. (Cantrell, D. C. (n. d. )). Positivism Positivism entails a scientific stance for research and interpretation of data. Thus only those phenomenon which are observable and measurable are regarded as knowledge. Positivists maintain an independent and objective stance. (Cantrell, D. C. (n. d. )). Phenomenology (Interpretivism) This is opposite of the positivistic approach and is known as interpretivism or phenomenology. (Cantrell, D. C. (n. d. )). Though positivistic and interpretivism paradigm are two extremes, most researchers use elements of both practices, which is implied in realism. This approach is considered the most appropriate for the project as the writer will be carrying out a comparative analysis of the Chinese and the British Banking system with a case study of the Bank of China vis a vis HSBC, London. Since banking systems are not just financial and economic systems but involve social issues in the context of a broader socio-political environment, a realistic approach to research is considered the most suitable. Research Approach There are two strands, which can be adopted, deductive and inductive. The deductive approach is used when a hypothesis is developed and the research design has to test that hypothesis. The deductive approach is amplified by means of a diagram at Figure 1 (Trochim, 2000). Figure 1 On the other hand the inductive approach is related to qualitative data, as a sample used in a case study as contrasting to the large quantum of data which is used in the deductive approach. A theory is said to be developed from data collection in this approach. A diagram showing the inductive approach is at Figure 2 below (Trochim, 2000):-Figure 2 The dynamic nature of the research will entail application of both approaches by the author as in practice almost all the research projects have elements of both the approaches in view of the importance of including both qualitative and quantitative findings. Research Data In general data contains information collected and recorded in note books, questionnaires, audiotapes, videotapes, models, photographs, films and test responses. (Veal, 2000). Research data in this case will be the response of selected customers and managers of Bank of China and HSBC, London. based on a questionnaire.

Sunday, July 21, 2019

Social Responsibility And Performance Of Unilever Corporation Environmental Sciences Essay

Social Responsibility And Performance Of Unilever Corporation Environmental Sciences Essay Consumers today are progressively watchful and conscious of social performance undertaken by large corporations on how they conduct their business activities. As we all know, social performance of a corporation is heavily stressed upon and people in general have high expectations on of a companys corporate social performance (CSR) (Golob, Lah and Janccaroniccaron 2008). Lets not forget that whenever a business operates, it will somehow bring both positive and negative impact towards society. Unilever is an Anglo-Dutch multinational corporation that owns many of the worlds consumer products brands in foods, beverages, cleaning agents and personal care products also faces consequences for their business operation while portraying social performance in the society. This assignment will talk about the Corporate Social Responsibilities of Unilever towards the environment. Corporate social Responsibilities are the responsibilities of an organization toward the society to meet the standard of ethics towards investors, customers, employees, business partners, local communities, the environment and society at large. (Berkhout 2005) unilever-logo.jpg Unilever is the first Fast Moving Consumer Goods (FMCG) Company who adopts paper sourcing policy to meet sustainability goals. This means that the company is trying to source all its products, paper and board packaging from a sustainably managed forests or recycled material within a clearly time frame. (Anne Marie Mohan 2010) Sustainable paper and board packaging sourcing policy are one of the Unilevers dedications to double the size of the business in the mean time trying to reduce the environmental impact. The policy outlines the companys goal to work with its suppliers to source 75% of its paper and board packaging from sustainably managed forests or from recycled material by 2015, increasing to 100% by 2020. (Raz Godelnik 2010) For the companys requirements for paper from virgin sources, preference will be given to supplies delivered through the Forest Stewardship Council certification scheme. Unilever also accept other national schemes under the framework of international Forest Management Certification standards, provided they comply with the Policys Implementation Guidelines. The move means the logos of the acceptable forest management certification schemes will begin to appear on the packaging of Unilevers portfolio of brands as progress is made toward reaching the target, and in order to increase consumer awareness and promote the expansion of certified forests in the world. As such it is important that Unilever promote sustainable forestry practices and help combat deforestation and climate change through the responsible sourcing of these materials. (Anne Marie Mohan 2010) Another important part which Unilever practice to protect the environment is the Unilevers water approach Sustainable Water Integrated Catchment Management (SWIM) principles. The SWIM principles is developed with the help of UK sustainability organization forum for the future. Water is vital to all sectors such as agriculture, manufacturing and also human consumption. The SWIM principles include a useful approach to help Unilever and Unilevers partners to make sure that the community water partnerships they engage in are effective and successful. Unilever had adopted four villages along the Brantas River when the Clean Brantas Project was launched in July 2001. Unilever had work corporately with the NGOs and government agencies to improve the sanitation system recycling, tree replanting and environmental awareness. As a result of these initiatives, the river now can generates income for the villages through small-scale fish farming and cultivation of Java Noni fruit crops for export. (Catherine Dowdney n.d) An important part of Unilevers approach to water is our Sustainable Water Integrated Catchment Management (SWIM) principles, which were developed with the assistance of the UK sustainability organisation Forum for the Future. These recognise that competing demands for water for agriculture, manufacturing and human consumption and the need to sustain a healthy environment mean that society needs to adopt a more integrated approach to water management. The SWIM principles incorporate a practical approach to helping Unilever and our partners ensure that the community water partnerships we engage in are effective and successful. As part of the Clean Brantas Project launched in July 2001, Unilever Indonesia has adopted four villages along the Brantas River. The company works in partnership with these communities, a local university, NGOs and government agencies to improve environmental awareness, sanitation systems, waste management and recycling, tree planting and housing development along the riverbank. As a result of these initiatives, the river now generates income for the villages through small-scale fish farming and cultivation of Java Noni fruit crops for export. It is hoped that the Village Adoption Programme will be expanded by other local companies to include more villages along the river. (Catherine Dowdney n.d) A Unilever plant in Ontario, Canada, has an ongoing campaign to improve energy efficiency to help manage rising and unpredictable energy prices. This plant produces margarine and vegetable oils products which require high energy expenditure costs. In order to achieve a 6% reduction of energy consumption per year the plants energy team has implemented and invest in new technology called a reverse osmosis (RO) system that would enable an improvement in the efficiency of the steam plant operations. ((Cost savings and reduced environmental impact through lower energy and water consumption 2009) By converting to the RO system, the plant had consumed 13 million gallons less municipal water and 8% less natural gas. The plant also cut down 240,000 pound volume of chemicals into the sanitary sewer. As a result of consuming fewer chemicals, the environmental impact of producing and transporting them was reduced too. The RO system qualified the plant for a $50,000 incentive grant from the city of Toronto for decreased water consumption and a $14,000 incentive grant from the local gas utility. According to Unilever, the project has lead to the company reducing carbon dioxide emissions by 1.6 million tonnes as well as cutting other greenhouse gases. (Cost savings and reduced environmental impact through lower energy and water consumption 2009) Unilever factories in South Africa had been starting to divert food waste to make compost used in community and reducing waste sent to landfill. Food-grade waste that was once sent to landfill is now helping fertilize the vegetables and provide an income for poor communities in South Africa. Under project Triple R (reduce, reuse, and recycle) that was launched in 2005, Unilever Foods factories in Pietermaritzburg and Durban (Avenue East and Fountain Park) send all their waste food material to municipal composting facilities. Between 2004 and 2006, Pietermaritzburg and Avenue East halved the amount of food waste sent to landfill, cutting waste disposal costs by a third. (Composting waste material for community gardens 2010.) In a separate initiative, Unilever Brazil has committed to recycle laminated packaging material such as toothpaste tubes. It has been working with five small companies to collect and find a use for the material. When food and drink pouches, sachets and toothpaste tubes are manufactured, small amounts of plastic are cut off and discarded. The waste material is combined with laminated consumer waste. It is mixed and ground down before being heated and compressed in special ovens. The material can be shaped in special molds or, once cooled down, cut into different sizes. It is used to make furniture and building materials that can be sold by the recycling companies involved, generating income and jobs. The first products to be made were roof tiles. Since then, the material has been used to create products such floor tiles, tables and chairs, some of which have been used by Unilever Brazil to equip other community projects. The project depends on a readily available supply of laminate ma terial. Unilever has been encouraging consumers to recycle their laminated waste packaging at the community recycling stations. (Recycling consumer waste 2010) At February 10, 2010 the California Air Resources Board penalize Unilever $1.3 million last month for illegal consumer products sales between 2006 and 2008. Conopco, Unilevers parent company, sold, supplied and offered for sale in California more than 2.8 million units of deodorant body spray that failed to meet clean air standards for aerosol deodorants. The violations resulted in significant excess emissions from volatile organic compounds. These emissions contribute to ground-level ozone, or smog.   Exposure to ozone can cause lung inflammation, impaired breathing, coughing, chest tightness, shortness of breath and worsening of asthma symptoms.   Over 90 percent of Californians still breathe unhealthy air at some time during the year. Conopco cooperated in the investigation and will make two equal payments of $650,000 into the California Air Pollution Control Fund for projects and research to improve Californias air quality. (Dimitri Stanich 2010) Surprise spot checks by the State Environmental Protection Administration (SEPA) found that multinational Unilever discharged waste containing banned chemical substances. Unilever s plan in Hefei (Anhui), which manufactures well-known household brands such as Dove, Lux, Kelloggs and Lipton, was fined 150,000 yuan and ordered to remedy the situation. The pipe suspected of carrying the substandard water was disabled, a chemical oxygen demand (COD) monitor was installed and water treatment facilities have been upgraded. The mainlands rapid industrialisation has been pressing on at a huge environmental cost, with up to 70 per cent of its waterways polluted and air quality in its biggest cities among the worlds worst. In March 2001, Greenpeace and Palni Hills Conservation Council reported that Hindustan Unilever (HUL), a subsidiary of Unilever, had allowed 7.4 tonnes of mercury contaminated glass waste from their thermometer factory to be dumped on a scrap yard about 3 km away from the factory. The exposure, which spurred 400 area residents as well as members of Greenpeace India to protest at the factory gates, marked the beginning of an ongoing saga of dishonesty and botched cover-up efforts by Unilever. They also warned that contaminated waste had been dumped behind the factory wall onto the slopes leading to Pambar Shola, an important and protected nature sanctuary. The factory was immediately shut down by the Tamil Nadu Pollution Control Board (TNPCB). Data later provided by the company estimated that over 17 years a total of 1.3 tonnes of mercury had leaked into the Shola forest, a type of high-altitude stunted evergreen forest peculiar to the Western Ghats of South India. A further 366 kg wa s estimated to have contaminated the soil on the factory premises. (Indo-Asian News 2003) It is commonly known that as little as 1 gram of mercury deposited annually in a lake can, in the long term, contaminate a lake spread over 25 acres to the extent that fish from the lake are rendered unfit for human consumption. Mercury, which Unilever is accused of handling without taking environmental or worker safety precautions, is a toxic metal that converts to deadlier forms such as methyl mercury when released into the environment. Mercury accumulates in the liver, kidneys, brain and blood and can cause birth defects and serious disorders of the nervous system and kidneys. (Nityanand Jayaraman n.d.)

The impact of reverse logistics in retail industry

The impact of reverse logistics in retail industry 1. Background In todays business world, Companies are looking for ways to improve there businesses by reducing costs, and improving labour efficiency. This enables the companies to implement supply chain management into the business. Supply chain management is a process which binds and links the entire process from supplying a product until it gets delivered to the end customer. Reverse logistics is a very essential process which is included in the supply chain management process. Reverse logistics is the process which involves planning, implementing, cost effective flow of stocks and machinery, finished goods, in-process inventory and related information from the point of supplying to the point of final consumption. Remanufacturing and refurbishing are the two vital aspects of reverse logistics which helps in reutilisation and reselling of a product. It also involves recycling of programs, machinery fault or similar asset problems. Few more terms, often used with reverse logistics are: Reconditio ning the machinery when it is not performing up to its mark, repairing it and then using it again. Refurbishing is working on the same product and enhancing and changing it from inside completely. Remanufacturing is similar to refurbishing but may require completely disassembling the product. Reselling is done after one or more of the above three. Recycling happens only when the product is not in condition where it can be worked on like reconditioning, refurbishing, remanufacturing so as to resell it. Reverse logistics is also about keeping the environment healthy by not disposing too much waste, reducing the waste particles or reusing them. 2. Literature Review According to the Reverse Logistics Executive Council, reverse logistics is â€Å"the process of planning, implementing, and controlling the efficient, cost effective flow of raw materials, in-process inventory, finished goods and related information from the point of consumption to the point of origin for the purpose of recapturing value or proper disposal† (Xiaoming Li, Festus Olorunniwo, 2008).   The reverse material movement from end customers to suppliers has received much less attention (Rogers and Tibben-Lembke, 2001).   Most returned products are processed to put back to shelf. Two alternative waste management policies are studied and compared. The first policy deals with the recovery chain, that is, the flow of used products from consumers to recovery facilities. The second policy deals with the disposal chain, in which used products are carried to landfills (Murphy, P R. and Poist, R F.2003).There exists a range of ordered sequencing that different companies adopt depending on which activities are engaged in by the firm. Most of the companies set up their processes based on some knowledge of materials flows: inbound receiving, sorting, testing, storing, and outbound shipping. Different products may go through different routes; same products with different types of damages also may undergo different operations. Companies have operational procedures for machine centres; however, returns flows among machine centres are informal in many cases or many factors are not considered (Trebilcock, 2002).   Using the information, we develop a generic returns process flow by integrating various broad factors: demand, package and product conditions, test and repair, secondary market, vendor, charity giving, recycle, and disposal. Now a days, managers reactions were not quite strong as to whether recycling materials that are un-useable generate considerable revenues or if channel clearing considerably reduces obsolete items inventory, and if repaired item s yield reasonable profits in secondary markets. These set of responses are quite surprising because they are contrary to observations from the experiences reported in the trade literature (Reese, 2005). Murphy and Posit (2000) have reported that recycling of materials, reducing consumption and reusing materials are the three most commonly utilized green logistics strategies. Design for recycling (DFR) has become an important dimension for some manufacturers in the recent times (Masanet, 2002).   The ultimate goal of reverse logistics programs is to produce reverse logistics. Resource reduction refers to the minimisation of materials used in a product and the minimization of waste and energy achieved through the design of more environmentally efficient products (Carterand Ellram, 1998).   The increase of eco-efficiency leads to reverse logistics activities in the firm. The outcomes of the eco-efficiency calculations will help authorities in formulating criteria for collection of disposed products and in monitoring end-of-life performance of take-back systems (Huisman, 2002).   Companies must recognize that reverse logistics has become an important source of opportunity for improving visibility and profitability and lowering costs across the supply chain.   Reverse logistics offers an opportunity for improving visibility and profitability while lowering costs across the supply chain. A reverse logistics system will enable us to plan in advance, often as early as the design process, the way to handle returns efficiently and ways this can most effectively feed into the product design plan. Returns provide a revenue generating opportunity via value recapture- return, refurbish, recycle. Sophisticated returns automation systems enable you to leverage a products value by quickly placing it in another product for resale before values depreciate (Anderson, Pat, 2009).   Formerly, firms have been spending significant time and money in improving their forward supply chains while ignoring their potential reverse supply chains. However, in todays competitive business environment, it is important that firms study the profitability and benefits of implementing a reverse supply chain while considering the uncertainties   associated with the supply and composition of used products, disassembly time, recycling or remanufacturing time, and demand for recycled or remanufactured goods(Pochampally, Kishore K. Gupta, Surendra M., Dhakar, Tej S,2009). Few research studies have published specific empirical data regarding the reverse logistics practices of companies.   This multi-stage study employed interviews, site visits, and a mail survey to collect responses from 230 members of the Warehousing Education and Research Council (WERC) regarding their reverse logistics practices.   Results suggest that in spite of the growing importance of reverse logistics, few executives have product return processing as their primary responsibility and often u ndertake this activity along with other job responsibilities.   Most firms handle the product returns process themselves and typically within the same facilities that handle forward logistics. Returning items directly to stock, repackaging and returning to stock, and selling as scrap, were the three top disposition options employed by firms.   Results indicate that, contrary to general understanding, the majority of retailers and wholesalers reported a recovery rate of over 75% of product cost (James R. Stock and Jay P. Mulki, 2009).   If a firm is not able to resell the items, they often end up in land fills, or perhaps recycled. Also, the profit margins could be lower for the manufacturer because in addition to the refurbishing cost, the product often must be sold at a lower price. In view of this, manufacturers desire to maximize profits often dictates the proportion of product that gets refurbished (Vorasayan and Ryan 2006).   Retailer emphasis on training customers in t he proper use of their products which can help in improving customer relations as well as decreasing costs of product returns. Retailers can help a great deal by initial sorting and by making decisions on processing versus returning to manufacturer. This could reduce the uncertainty in the timing and quality of returns that has been blamed for the unpredictability of reconditioning and refurbishing returned products (Guide and Van Wassenhove, 2002).   A reverse logistics flow is much more active, with much less visibility. Retail stores like primark do not initiate reverse logistics activity as a result of planning and decision making on the part of the firm but in response to actions by consumers or downstream channel members.   When a customer returns an item to a retail store, the store collects the items to be sent to a centralized sorting facility.   At the time of return, information about the item and its condition may be entered into the retail stores information syste m, and forwarded to the returns processing centre (Ronald S. Tibben-Lembke and Dale S. Rogers, 2002).   3. Research questions Do you typically return a whole system, or rather just a subset of components, and where should the items go next?   What is the importance of reverse logistics in cost reduction? How reverse logistics influence environmental and social retail environment? How to improve supply chain management with the help of reverse logistics? How to encourage customer loyalty using reverse logistics? 4. Expected Contributions Primark, is a well known retail stores were people do a purchase in bulk due to its low prices.   Demand is changing with a high pace; customer may like something today and something else tomorrow and to keep up with this pace organizations need to adopt returns management. For a clothes store like Primark, which go as per the market demand, they need to update themselves with time as customers these days are all looking for style, current trends and so on. This isnt easy to predict, no one can really forecast what is in today and out tomorrow, this is where returns management comes in picture. A company should know how to reuse or resell by doing some refurbishment. Retail stores and even other suppliers have exchange policies or payback policies which provides customer with an ease of exchanging goods and supplies, once these items are returned, it then goes to production houses for refurbishment or to see what can be done with them in order to reuse or resell them. Organizations in order to survive the competition and to maintain a good customer relationship have to be good at exchange policies and need to shorten the time from accepting the returns to the actual supplier so that they can reduce the operational costs and increase profitability. The important task of management is to mind the gap between returning of products till the time it reaches the supplier; this plays an important role in reducing the costs and increasing the profitability. Keeping the customers happy is the only source of income, so satisfying all they need is really very important. A recent case study implies that Primark is looking for a solution which would facilitate an increase in its volumes which were projected to grow by 30% per annum- from 45,000 cartons daily to levels of 100,000 by 2010. 5. Methodology 5.1 The research method This piece of study or investigation emphasizes more on the utilisation of the reverse logistics approach in retail business like that of renowned store primark. The investigation consists of field as well as desk study. The field study will be done on evaluating companys annual turnover, sales and collection of relevant data via companys website, conducting interviews with various decision makers of concerned departments. Desk study or research will consider examining literature collected via the website of the retail store, retail industries journals, press, statistics and magazines and other media sources. 5.2The concept of interview An analytical study via interview will be conducted for the collection of primary data. The concept is to evaluate the validity and implementation of current reverse logistical operations in the retail business of primark.   Interviews are particularly useful for getting the story behind a participants experiences. The interviewer can pursue in-depth information around the topic. Interviews may be useful as follow-up to certain respondents to questionnaires, e.g., to further investigate their responses (McNamara,1999). The qualitative research interview seeks to describe and the meanings of central themes in the life world of the subjects. The main task in interviewing is to understand the meaning of what the interviewees say(Kvale,1996). 5.3 Interviews The store manager of primark. The manager of marketing department. The manager of finance department. 6. Proposed study timetable Period Aim Task Duration (days) February, 2010 -March, 2010 Collect key principles and research strategic data Finding relevant literatures and evaluating it, online survey methods, interpreting research questions. 15 March, 2010 April, 2010 First meeting with supervisor Finalizing the benchmark of the research area. Discuss the coursework and the research subject of the dissertation. 15 April, 2010 May, 2010 Utilisation of resources Strategic and Statistical analysis of the data and writing the output. 25 May, 2010 July, 2010 Analysing and justifying key findings Interpreting and formulating the relevancy of the collected data for making the supreme structure. 55 July, 2010 Second meeting with supervisor Following the guidelines of the supervisor step by step and implementing the necessary changes to be made. 25 August, 2010 Third meeting with supervisor Fully utilising the resources in-order to follow the concept and application. Completing   the initial draft and heading towards next step. 25 September, 2010 Final meeting with supervisor Finishing the remaining part and Submitting the two copies with a CD of softcopy on 24th September, 2010. 10 7. Resource Implications It would be more helpful to make the use of newsletters, online forum, regular meetings through events, telephonic calls. All this is done to analyze the data and to know how often does primark change its outstanding stocks on the shelves, check the unsold stock to avoid wastage in-order to make improvements in the reverse logistics processes. The presence of application system is important now-a-days in order to maintain and analyze the huge amount of data collected through staff meetings. 8. Evaluation It is quite clear that in the future, more firms will lavish considerable attention on reverse logistics. Many firms have only become aware of the importance of reverse logistics relatively, and have yet to realize the strategic importance of reverse logistics.

Saturday, July 20, 2019

The Tragedy and Despair of Shakespeares Macbeth Essay -- GCSE Coursew

The Tragedy and Despair of Macbeth  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Macbeth is one of the best known of Shakespeare's plays. It is commonly classed, along with Hamlet, Othello, and King Lear, among Shakespeare's four great tragedies. After reading Macbeth, several significant aspects of the play come to mind: the central characters (Lady Macbeth and her husband) and their development, the treatment of gender issues, the nature and conflict of good and evil, the final triumph of the forces of goodness and life, and the troubling implications of that triumph. One way to approach the play's leading characters is to see how they fit Aristotle's ideas about tragedy. The problem with this approach is that they don't fit Aristotle's ideas very well. Aristotle wrote that a tragic character should be more good than evil and that the character's fall should be the result of a mistake or misstep (the probable meaning of Aristotle's term hamartia) rather than moral depravity. Lady Macbeth and her husband, by contrast, are more evil than good, and they deliberately commit or arrange several horribly depraved acts: among others, the murder of King Duncan, the murder of Macbeth's friend Banquo, and the murder of Macduff's wife and children. Their motives are purely selfish: they want power and all the personal benefits it will bring. It doesn't look as if Aristotle's ideas work very well at all in Macbeth. But despite the fact that the play doesn't fit the ideal Aristotelian mold (and Shakespeare probably had no intention that it should, anyway), looking at the play in this way sheds some light on it. We're required to ask, "Is Macbeth purely evil? Is his wife?" The more closely I've looked at the play, the more I've become convinced that its power comes f... ...tues we commonly associate with women and children -- or with Christ -- have not been given adequate attention. Macbeth shows us characters who have succumbed to despair: Lady Macbeth, who comes to believe that "What's done cannot be undone" (5.1.68), and Macbeth, who argues that, since "I am in blood/ Stepp'd in so far," repentance is pointless: "should I wade no more,/ Returning were as tedious as go o'er" (3.4.135-37). The play shows these characters defeated, but not redeemed. Works Cited Cooke, Patricia. "Macbeth: Origin of Despair." Online posting. 20 Nov. 1996. SHAKSPER: The Global Electronic Shakespeare Conference. 5 March 2001 <http://www.shaksper.net/archives/1996/0937.html>. Shakespeare, William. Macbeth. Literature: An Introduction to Fiction, Poetry, and Drama. Ed. X.J. Kennedy and Dana Gioia. 7th ed. New York: Longman, 1999.

Friday, July 19, 2019

The World Trade Organization Where It’s Been and Where’s It’s Going? Es

The World Trade Organization Where It’s Been and Where’s It’s Going? Since the start of trade in the United States and around the world there has always been a need for rules and regulations. The GATT (General Agreement on Tariffs and Trade) was the one for the past century that dealt with issues that would arise they wrote rules on things that were acceptable and not acceptable in the trade arena. Out of the GATT came the World Trade Organization (WTO) that was designed to take care of more issues than GATT. Although the WTO has only been around for almost a decade it has come under criticism from almost all arenas. They have had issues brought to their table that have been hard decisions and now have issues they must deal with that could affect the way free trade is in the future. Countries have battled amongst each other as how to solve a problem such as The Beef Hormone Case, The Shrimp Turtle case and the Caribbean Banana Case. These were case that will be discussed later, but have set a kind of foundation for the WTO as to where they will b e headed in the future. Agriculture has become a hot issue in the international market and the WTO is still trying to find ways to accommodate the developed countries and develop further growth in the developing nations. The World Trade Organization is also stepping into new territory and the future is no exception. The World Trade Organization The World Trade Organization was developed in 1995 out of what was known as the Uruguay Round. Although GATT set rules they mostly dealt with issues just involving simple trade of goods and the distribution of tariffs. The WTO has a more broad job than the GATT; â€Å"†¦it oversees multilateral agreements relating not just to good, but... ... the job that they were made to do under the GATT regulations. The future will tell a lot about the WTO and free trade because so many things are brought to the table that eventually the World Trade Organization is going to need some form of help to make adequate decisions for the world. BIBLIOGRAPHY Diao, Xinshen, Terry Roe and Agapi Somwaru. â€Å"Developing Country Interests in Agricultural Reforms Under the World Trade Organization.† American Journal of Economics v.84, n3 (August 2002): 782-90 Irwin, Douglas. Free Trade Under Fire. Princeton and Oxford: Princeton University Press, 2002. Josling, Tim. â€Å"Key Issues in the World Trade Organization Negotiations on Agriculture.† American Journal of Agricultural Economics v.85, n3 (August 2003): 663-667 Working Group on the WTO/MAI. â€Å"A Citizen’s Guide to the World Trade Organization† (July 1999): 1-28

Thursday, July 18, 2019

The Role of the Doctor in Kate Chopin’s The Awakening :: Chopin Awakening

The Role of the Doctor in Kate Chopin’s The Awakening According to Benjamin, or at least according to my Benjamin, as translated then taken from secondary sources that probably used him to their own ends, the novel is constructed along a trajectory he calls â€Å"homogenous, empty time† referring to the contiguous relation of characters and their activities to each other as a way of connecting their place in the narrative. There are quite a few examples of this in Kate Chopin’s Awakening, but the best is found on page 87 of Chapter XXII as the doctor is introduced into the text. And in one sentence, describing the doctor, Chopin outlines a way of reading her novel. While in his garden reading, Doctor Mandelet is interrupted by Mr. Pontellier, who promptly reports his wife’s troubled mind, indicating that Mr. Pontellier himself has a troubled mind through lines like â€Å"it isn’t easy to explain† or â€Å"She’s making it devilishly uncomfortable for me†(88). These disclosures help to add a few more stenciled lines, deepening Mr. Pontellier, who is, through the course of the novel, made most noticeable by his absences. His character is marred by a dependency on social conventions and aristocratic pride that he cannot push the logic of the facts toward a conclusion that would require a rethinking of his way of life. On page 87, when the doctor is first introduced he comes out of homogenous, empty time to enter the narrative. That is to say, his history and life are written into the novel as it collides with the drama of Edna Pontellier’s suicide. Thus the doctor supports the teleological structure of the novel that each character was there for a purpose in carrying out the book’s eschatology—the end of the narrative. The doctor, the reader of the body, and as we find out the reader of the unconscious, enters the text reading. Before we find him reading, we are given a few details about his life: â€Å"He bore a reputation for wisdom rather than skill—leaving the active practice of medicine to his assistants and younger contemporaries—and was much sought for in matters of consultation†(87). As a character that facilitates a disclosure, the doctor—the reader— comes to know what we already know, as if the character in the book sought the reader’s help but the reader could not say. And it is very generous of Chopin to put her â€Å"reader† in such high regard.

Examine the importance of Act III, Scene V Essay

settle the importance of Act III, shot V. How would you purport the delineation in order to try your interpretation? Romeo and Juliet is a play of fuck and cataclysm. It is a great play if order properly and is easy for people to cast down wind. This is wherefore I am writing this experiment on how I would direct wholeness of the most chief(prenominal) films, Act III, Scene V. I leave behind explain the substance of this movie and how I would hold fast crosswise its meaning. To understand this impression you bring to abide it away a bittie ab pop behavior of people in the sixteenth nose do-nothingdy for one thing the relationship amidst children and their parents was real different especi each(prenominal)y amongst the replete.The capture of the family evaluate e rattlingone to do what he verbalise eve if they disagreed. Also m new(prenominal)s didnt commonly inhabit their children soulally as they hire nurses to curb care of them 24/7 and even with babies they hired a wet-nurse, which gist the nurse had usually just had a child and would breast feed the familys child. The pay off and bewilder had very little to do with their children. Even though they didnt k forthwith their children they still arranged their wedding partys The children had no say in the matter. A rich family would usually set up a marriage with a nonher wealthy family.It was socially unacceptable for a rich person to get hitched with a poor person. at a sentence unify the wife was expected to do whatever her husband said and neer answer back. If she did the husband would usually get angry and to the highest degreetimes physical. As puff up as turn all overing slightly the 16th Century behaviour I need to think nearly the relevance to a modern listening. I think a modern earshot would relate to all the do it and compassion in this scene. They would get together the delight in Juliet has for Romeo and incur sorry for her because her father is forcing her to unite someone else.They lead promise the pain and suffering she is going by with(predicate) to get her father to cancel the marriage that he gets angry because they should do what he says and never answer back. The important thing when exhausting to direct the scene is to emphasise the part the modern reference would relate to. I would do this by making the scene very melodramatic and crystalise the actor playing Capulet dig Juliet near as well as converseing very loudly, maybe even shouting. I would to a fault have the actress playing Juliet cry and whimper, get bulge out on her knees and scram it look like she is begging.The some other mentions, brothel keeper Capulet and the take would be trying to hold back Capulet, but would wince away when he speaks to them. This should turn in the earreach that Juliet is desperate and get out demonstrate how obstreperous Capulet can be. As well as thinking about the historical understate a nd the contemporary relevance we need to understand the character development. In this scene we understand things out about the Capulet family we never knew before. The characters expect to change, for example Juliet starts the scene very ingenious as she has just that night carry through her marriage to Romeo.This happiness is scann when she says, Nightly she sings on yon pomegranate tree. Believe me get along it was the nightingale. This shows that she is happy and cosmos romantic. As the scene continues she changes from existence happy to suicidal because she is being forced to marry Parris. If all else fail, myself have power to die. This means if she can non delay the marriage she pass on kill herself. Another character that changes is the Nurse, as in the outgrowth of the scene she helps Juliet hide Romeo when Lady Capulet walked in.She said, Your lady fetch is coming to your chamber. This shows the nurse call fors to help and gives Romeo time to escape through the window. The Nurse does try and stick up for Juliet against Capulet but backs down when he shouts at her. Right at the demolition of the scene the Nurse suddenly changes and says, I think it best you married with the county. The Nurse has now decided not to back Romeo and Juliets jockey and told Juliet to marry Parris and forget about Romeo. She does this because she realises that Juliet has no alternative.We also learn things about the characters. We learn that Capulet has a very short fuse and gets very angry as he expects his family to do whatever he says. He was revolt that Juliet answered back by saying she did not want to marry Parris. Hang thee teenage baggage, disobedient wretch This proves how aggressive Capulet gets. Also, Capulet and Lady Capulets marriage is shown in a different light as we catch that Lady Capulet doesnt stand up against her husband and does what he says. Here comes your father, evidence him so yourself, and limit how he depart acquiring even it at your hands. This illustrates that she will not speak against her husband and advises Juliet to tell him herself. every last(predicate) this is showing that Capulet runs the relationship. We also find out that Romeo and Juliets relationship is very unripe as they keep changing their minds about important things, for example on that pointfore lenify get, thou needst not to be gone. This proves their immaturity and that they dont understand the consequences of their actions. This scene is a turning speckle in the play as Juliet is agitated because she is being forced to marry Parris and feels everyone has addicted her.She intrusts the only way out is to take her own life, so she turns to the mendicant for help. This is hearty because the Friar is the one who gives her the sleeping potion and tells her to take it the night before her marriage to Parris. pickings the sleeping potion eventually leads to the death of Romeo and Juliet. I think the end isnt instead in evitable because you dont know that Romeo wouldnt get the message from Friar Lawrence and think that Juliet is dead, then take the poison when he enchants her in the tomb.If everything went to plan, Romeo would have cognise she was just in a wooden-headed sleep and then live together outside the walls of Verona. However, the way this scene ends and some of the language in this scene concurs a sad end more likely. There is a lot said in this scene that would suggest the play would end in tragedy. As Juliet is told she will marry Parris, this complicates everything for Juliet as she already has a husband. It makes her feel suicidal because Romeo has been banished and now she has to marry Parris.On top of all that her start and Nurse abandon her. Talk not to me, for Ill not speak a word. Do as though wilt, for I have done with thee. This makes us believe something tragic will happen soon. We also believe that it will end in tragedy because of the way the play has been structure d. The play starts with the prologue, which says, The dire passage of their death marked cognize This states that it will end tragically. Juliet says, Methinks I see thee now though art so low, as one dead in the bottom of a tomb. The two lovers go against after saying things like this, which suggests they will never see each other again. This all points to the same thing, a tragic end. This also changes the tone of the play because in the scene before, the mode was very winning and happy as Romeo and Juliet got married. This mood stayed at the beginning of this scene. Look love, what envious streaks do lace the severing clouds I distant east. This shows Romeo being romantic to the women he loves. The love affair is also shown in the structure of the sentences by iambic pentameter.It makes the sentences flow and sound poetic. completely this shows love and happiness. Then when Juliets mother enters the mood changes from happy and loving to despair and sorrow. Juliets star ts to plead with her mother but she will not listen. When her father enters the mood becomes very dramatic, as Capulet was being very aggressive. This is shown by harsh, brutal language, Or I will drag thee on a hurdle thither. Out you green disease carrion. This shows his anger and aggression. The rhythm has also changed, it is now very sharp and snappy to show the anger he has towards her.We also see Juliet pleading to her father, Good father, I call you on my knees, hear me with patience, but to speak a word. She pleads and pleads. She is worried and full of despair. At the end she talks of killing herself, this is how lots the mood has changed. Shakespeare has presented several forms of love in this scene and other themes, like fate. The forms of love presented in this scene are novel love, which Romeo and Juliet have for each other. This kind of love has blinded them and all they think about is each other. They dont think about their actions.Also we are shown the love bet ween Juliet and the Nurse, which is like a mother and daughter love. The Nurse helps Juliet and tries to give the best advice she can. I think Shakespeare wants the audience to think that love is strong and that people should beseech for love. He may also want them to realise how some families can refuse their children just because they love, in their eyes, the wrong person. The other theme, fate is an important part, as if it was meant to be they would be fine and nothing would go wrong but things go outrageously wrong for Romeo and Juliet.So it seems fate is against them or fate has already predetermined their deaths. If I was directing the production of Romeo and Juliet I would give instruction the actors to play their parts dramatically and over state things of importance e. g. I would make the actors playing Romeo and Juliet be over warm to each other at the beginning of this scene. I would tell the audience about the 16th Century life and behaviour, so they would be able to understand the background better. I would explain that the father expected everyone to do what he said.Also I would explain about the wet-nurse and the trammel net between her and Juliet. I would do this by including it in the programme or through a narrator. In order to get a good response from the audience I would have to highlight the things they can relate to. I would ask the actress who contend Juliet to emphasise her despair by getting on her knees to plead with her father. Also I would make Capulet shout and push Juliet around ensuring that the audience would feel sorry for her. This will demonstrate how angry Capulet gets and that Juliet is really deliberate because she doesnt want to marry Parris.To make sure they know the mother wont stick up for Juliet I would make the actress hide behind Capulet. For the Nurse, I would get her to stop Capulet from hitting Juliet, to show she tried to help, but he will push her away. I would also make them emphasise the parts, whic h indicate the play will end in tragedy by speaking louder. Act III, Scene V is a particularly important scene because the mood drastically changes from happiness to despair. This is because she is being forced to marry Parris and everyone abandons her. All this shows the audience that there is going to be a tragic end to the play.

Wednesday, July 17, 2019

Personal Classroom Management System Essay

scam An effective split uproom management is intrinsic for the success of the students. The schoolroom management propose go overs to be strong, but to a fault flexible since non every associate is the same and the instructor needs to be able to change around the protrude to fit the needs of the current class. To puddle my own classroom management plan, I def shutting borrowed some ideas from classes I reach taken d matchlessout my college c atomic number 18er and through my own experiences as a student. My in the flesh(predicate) disseverroom Management System.In this opus I leave behind attempt to explain my personal classroom management system. I all(a)ow for begin by describing the classroom conditions I ordain provide for my students. I leave specify the behavioral goals for my students and the ship dirty dogal in which I want them to take in themselves. I entrust elaborate on how I go out grade and valuate my students. I allow conclude by explainin g classroom procedures and how I testament interject when a student is misbehaving. Classroom surroundings I opine that it is serious to fabricate a safe and encouraging environment for my students.The classroom should be a interpose where the students t bingle comfortable holding questions and expressing themselves. No student should feel embarrassed to ask questions or voice opinions. I exit explain to my students that we argon our own corporation and every unitary has a role to do if the federation is to work correctly. I plan to puddle this type of environment by establishing rules, procedures, and routines for my students to deduct and go over. I feel that giving students a daily routine to conjoin it helps to them to suffice personal state. Every morning I leave alone greet my students at the door.By doing this I can see my students in the hallway to lease sure that they are following the school rules, but I can excessively see the students inside the c lassroom to make sure that they are following our classroom rules and set out their daily routines. The setoff thing my students allow for need to do is find their assigned set and begin their bell work. This helps them intoxicate responsibility and set forth the twenty-four hour period off productively. I go away a cor sufficeing have end of the day routines for the students to follow.Twenty minutes sooner the end of school I depart have the studentsgather their belongings and ringing their backpacks. We impulsive in addition use this beat to clean and organize the classroom so it will be in stage for the next day. I want to fashion an environment where my students and I can name from our various cultures and backgrounds. I want to have a calendar weekly class academic term where one student is picked to share something they whop round their familys culture and traditions. This will make all my students feel important and I feel this will as well help my stu dents who may be ESL students feel comfortable and help them succeed in school.Parental InvolvementI will develop a relationship with parents at the beginning of the school year. Communication amidst the parents, students and me is extremely important. I will tinge parents to give them good news about their students and non just contact them when their minor is misbehaving. I will create a monthly news allowter which I will send home with my students and post on the school website. This newsletter will let the parents know what will be vent on in our classroom. This will also give them the opportunity to volunteer for several(predicate) activities and help them become much elusive in their childs education.Class Rules, Rewards & Consequences In order for my students to be self-made throughout the school year, they learn and follow the rules starting on the first day of school. In my classroom the rules that must be followed are 1. Respect and follow all school rules 2. Re spect some others and their belongings 3. No hitting, touching or using pernicious language 4. Raise your hand in the lead speaking or leaving your piazza 5. Always do your best These rules will be posted in my classroom on the first day of class. We will create a few more rules together as a class during the first week of school as well.We will spend the first twain weeks of school reviewing our classroom rules. According to Wongs Pragmatic classroom students who spend the first ii weeks of school reviewing class rules learn better and conduct themselves accordingly (Charles, 132). This will help give my students ownership on their behavior. I will send two copies of the rules home for the students to give to their parents. I will ask that both the students and the parents sign one copy and return it to me and post one copy at home that can be viewed daily.I will also post a progress graph in the classroom for all students to view. The map will cover the students weekly beha vior starting chic each day. At the end of the week students will be able to charter a reward based on the number of gold stars they have. Some examples of rewards accept choosing a withstand to read when consummate with class work, choosing a prize from the entertain box, being the daily helper, and being the grapevine leader for the day. I will also use lots of positive encomium and behavioral narration to encourage my students to do their best daily.There will also be consequences when the rules are not followed. These consequences will be discussed with both the students and the parents at the beginning of the year. The following are examples of the consequences 1. Loss of choice from the treasure chest 2. Time taken from recess 3. Time spent in detention before or later school 4. A call to parents 5. A visit to the principals sanction 6. In extreme cases immediate respite Grading and Assessment I believe its important to use a variety of tools to assess students.Thi s is because all students learn in a variety of ways. I plan to use both at large(p) and kindal assessment procedures in my classroom. grooming will be used as a study tool and an denotation of the daily lesson and therefore will not be graded. Homework will be used for date points. Instead of marker it I will stamp the assigning to show that the student was given participation points for effort. All assessments will be line up with the state standards and curriculum. The grading policy and rubrics will be made available for the students and their parents at all times.When I give tests I will only test students on materials we have covered during that week and never use gotcha questions. Students will be allowed to do make up tests if they fail and would like a better grade. Classroom Procedures occasional my students will be expected to come into the classroom, take their seats and immediately start on their bell work. All pencils should be sharpened before the bell rings. This message students need to get to class on time. When class work is finished early, students will have the choice of choosing a book from our class library or light writing in their writing journals. butt breaks will be taken separately throughout the day and as a class before and after dejeuner and recess. These are some of the procedures I will implement Morning Procedures Greet teacher and classmates as you enter the room debark backpack, sharpen pencils and place supplies on desk produce bell work Desk Procedures No food, glaze over or toys allowed at your desk Keep your detainment and feet on/under your own desk and not in the aisle Keep the part around your desk clean Line Up/Leaving Procedure Quietly form two orderly lines Keep your turn over to yourself/arms crossedNo talk in the hallway No cartroad or pushing while in line When leaving the room one line will follow the other to form one line in the hallway Intervention Plan to begin with deciding on a plan, I will observe, glisten, consult with the student, parents and coworkers, and outline ideas that may correct problematic behaviors viewed in the classroom. after(prenominal) considering the behavior of the child, I will reflect on the role of the environment and classroom routines, and the interactions of the child with fellow students and teachers.I willbe sure to take return of the use of specialized staff members, such(prenominal) as the school psychologist and speech therapist, within the school system who are willing to assist me with my plan. This plan will be constructed on an individual basis as not all students will respond to the same methods. Once the plan is implemented, I will observe for positive changes and make adjustments accordingly after a follow up meeting with the parents, student and specialists involve in constructing the initial plan. Reference Charles, C. M. (1999). expression Classroom Discipline. New York Addison Wesley Longman, Inc.

Tuesday, July 16, 2019

Law of Tort

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.