Wednesday, July 31, 2019

Computerized Grading System Essay

Automation has had a notable impact in a wide range of industries beyond manufacturing (where it began). Once-ubiquitous telephone operators have been replaced largely by automated telephone switchboards and answering machines. Medical processes such as primary screening in electrocardiography or radiography and laboratory analysis of human genes, sera, cells, and tissues are carried out at much greater speed and accuracy by automated systems. Applying automation to Grading systems wherein it will also make a task easy and accurate. Education must share the responsibility of developing technologically literate people (Bitter & Legacy, 2008). Both systemic reform and curriculum cannot be achieved without the aid of technology (Fletcher & Wolf, 2007). Grading and reporting are relatively recent phenomena in education. In fact, prior to 1850, grading and reporting were virtually unknown in schools in the Philippines. Throughout much of the nineteenth century most schools grouped students of all ages and backgrounds together with one teacher in one-room schoolhouses, and few students went beyond elementary studies. The teacher reported students’ learning progress orally to parents, usually during visits to students’ homes (Guskey). Researches in learning assessment, especially in terms of academic performance, have long criticized traditional rating schemes that provide feedback to students. Because learning is multi-faceted, most critiques of such formats tend to see these as superficial and inadequate arguing that they tend to cover only the areas in learning that are widely rated, leaving other areas in learning under-assessed. As a result, different systems were proposed and varying rating structures were employed by different schools in the country such as point system averaging and weighted averaging. This school year, the Department of Education (DepEd) will be using a new grading system in public elementary and high schools in connection to the implementation of K to 12 BEC (Basic Education Curriculum) program. The traditional numerical values in report cards will be replaced by letter-scheme grading system, with â€Å"A† (abbreviated â€Å"Advanced† level of proficiency) as the highest grade and â€Å"B† (short for â€Å"Beginning†) as the lowest. In the event that this format will be fully implemented in the target school, which in this proposal will be San Isidro Elementary School, the workload of the teachers will be increased because they will have to compute for the numeric equivalent of each letter grades. The proponents of this proposal wish to reduce their workload by eliminating the need for manual computation and recording of each grade. The common problems encountered in manual recording and computations are error- and file-handling, and redundancy. As the workload gradually increases with growing amounts of grades and student lists that need to be attended, it becomes tedious on the part of the teacher to proficiently manage them in time for documentation and file submission to higher education authorities. As such, this paper aims to produce a workable computerized grading system that will address these issues.

Tuesday, July 30, 2019

Informative Speech Outline Essay

I. Introduction A. Attention Getter – â€Å"A man must consider what a rich realm he abdicates when he becomes a conformist.† ~Ralph Waldo Emerson B. Introduce Topic – To simply do something because it’s what everyone else is doing without knowing the reasons why they’re doing it, is conformity. You might understand the term conformity when used as â€Å"sheeple† in the political world. Those who go with the growd, just because. Halloween and Religion seem like two natural opposites – good and evil brought to life. C. Establish Credibility – In most things I’m a non-conformist. I trust no one and nothing without questioning and understading everything. I question everything even if it seems simple on the surface. Far too often I have found most things are not what they seem, and Religion and Holidays are no exception. D. Preview Central Idea – The term Holiday was originally used to reference Holy Days that were celebrated and remembered with some form of ceremony or worship. Halloween, originally a day of rememberence for the recently deceased and their spirits that returned to earth on the eve of the new year, has become something celebrated by just about everyone, in many cultures, and across many religions, but most notibly in the US where it has become yet another commercialized event, causing people to spend money they might not otherwise spend, to eat food that offer no nutrition at all, and in excess at that, and to go against the number one safety measure your parents drilled into your heads – NEVER TAKE CANDY FROM STRANGERS!! This has become so acceptible in modern religious practices that it’s been given a new name â€Å"Trick-Or-Trunk†. This is an event sponsored by religious elders, held on church grounds, outside in the parking lot, out of the trunks of cars and more often than not, the costumes that are worn do not promote religious purity and goodness, but the very evil the religion is supposed to protect them from. Transition to main points – In order to fully understand how this seemingly innocent day of celebration, creativity and self expression  is a contradiction, we need to look at several things. II. Body – summary of main points / personal view Transition to origins When did this holiday begin and why? Was it of pagan origins or is there something more behind Halloween’s history? How should Religions view this day in general? To understand these questions further, we need to go back to the roots of Halloween. A. Origins 1. Celtic Origins a. Halloween’s origins date back to the ancient Celtic festival of Samhain (pronounced sow-in). The Celts, who lived 2,000 years ago in the area that is now Ireland, the United Kingdom and northern France, celebrated their new year on November 1. This day marked the end of summer, the harvest and the beginning of the dark, cold winter, a time of year that was often associated with human death. b. Celts believed that on the night before the new year, the boundary between the worlds of the living and the dead became blurred. On the night of October 31 they celebrated Samhain, when it was believed that the ghosts of the dead returned to earth. c. In addition to causing trouble and damaging crops, Celts thought that the presence of the otherworldly spirits made it easier for the Druids, or Celtic priests, to make predictions about the future. For a people entirely dependent on the volatile natural world, these prophecies were an important source of comfort and direction during the long, dark winter. d. To commemorate the event, Druids built huge sacred bonfires, where the people gathered to burn crops and animals as sacrifices to the Celtic deities. During the celebration, the Celts wore costumes, typically consisting of animal heads and skins, and attempted to tell each other’s fortunes. When the celebration was over, they re-lit their hearth fires, which they had extinguished earlier that evening, from the sacred bonfire to help protect them during the coming winter. 2. Halloween & Religion a. By 43 A.D., the Roman Empire had conquered the majority of Celtic territory. In the course of the four hundred years that they ruled the  Celtic lands, two festivals of Roman origin were combined with the traditional Celtic celebration of Samhain. The first was Feralia, a day in late October when the Romans traditionally commemorated the passing of the dead. The second was a day to honor Pomona, the Roman goddess of fruit and trees. The symbol of Pomona is the apple and the incorporation of this celebration into Samhain probably explains the tradition of â€Å"bobbing† for apples that is practiced today. b. Around AD 600, Pope Boniface IV created All Saints’ Day, and Pope Gregory III later moved this holiday to November 1 in an effort to give a Christian alternative to this pagan celebration.5 (answersingenesis.org) Christians who did not want to celebrate pagan festivals celebrated something of positive spiritual value—in this case honoring the saints and m artyrs. With the overwhelming expansion of Christianity in Europe, All Saint’s Day became the dominant holiday.6 (answersingenesis.org) On May 13, 609 A.D., Pope Boniface IV dedicated the Pantheon in Rome in honor of all Christian martyrs, and the Catholic feast of All Martyrs Day was established in the Western church. Pope Gregory III (731–741) later expanded the festival to include all saints as well as all martyrs, and moved the observance from May 13 to November 1. By the 9th century the influence of Christianity had spread into Celtic lands, where it gradually blended with and supplanted the older Celtic rites. c. In 1000 A.D., the church would make November 2 All Souls’ Day, a day to honor the dead. It is widely believed today that the church was attempting to replace the Celtic festival of the dead with a related, but church-sanctioned holiday. All Souls Day was celebrated similarly to Samhain, with big bonfires, parades, and dressing up in costumes as saints, angels and devils. The All Saints Day celebration was also called All-hallows or All-hallowmas (from Middle English Alholowmesse meaning A ll Saints’ Day) and the night before it, the traditional night of Samhain in the Celtic religion, began to be called All-hallows Eve and, eventually, Halloween. A couple hundred years later, the Roman Church made November 2 All Souls Day to honor the dead. This may well have been influenced by the continued persistence of the day of the dead by the ancient Irish, Scots, and others in Europe. Standing against this, many Protestant Christians celebrate October 31 as Reformation Day in honor of reformers such as Martin Luther, John Calvin, and others who spearheaded the Reformation in the 1500s. (answersingenesis.org) In fact,  the current name of â€Å"Halloween† originates from the day before All Saint’s Day, which was called â€Å"All Hallow Evening†; this name was shortened to â€Å"All Hallow’s Eve† or â€Å"All Hallow’s Even.† The name changed over time and became â€Å"Hallowe’en.† (answersingenesis.org) d. It should be obvious from a Christian perspective that many modern practices of Halloween and days of the dead have evil intent (e.g., 1 Corinthians 10:20). There has been considerable paganism that has been associated with Halloween over the years. Even evil acts such as vandalism, fires, destructive pranks, pretending people are something they are not by dressing up (and particularly by the glorification of sensuality, death, and demons) are in strong opposition to the fruit of the Spirit (Galatians 5:19–23). So, a word of caution must be given to Evangelicals who promote some of the questionable modern practices of Halloween. If anything, an alternative in opposition to Halloween should be offered by Christians. Psalm 24:1 points out that everything belongs to the Lord. Therefore, there is no reason to let Satan have Halloween. It is not his day in the first place! (answersingenesis.org) 3. Trick-or Treating a. The American Halloween tradition of â€Å"trick-or-treating† probably dates back to the early All Souls’ Day parades in England. During the festivities, poor citizens would beg for food and families would give them pastries called â€Å"soul cakes† in return for their promise to pray for the family’s dead relatives. b. The distribution of soul cakes was encouraged by the church as a way to replace the ancient practice of leaving food and wine for roaming spirits. The practice, which was referred to as â€Å"going a-souling† was eventually taken up by children who would visit the houses in their neighborhood and be given ale, food, and money. c. The tradition of dressing in costume for Halloween has both European and Celtic roots. On Halloween, when it was believed that ghosts came back to the earthly world, people thought that they would encounter ghosts if they left their homes. To avoid being recognized by these ghosts, people would wear masks when they left their homes after dark so that the ghosts would mistake them for fellow spirits. On Halloween, to keep ghosts away from their houses, people would place bowls of food outside their homes to appease the ghosts and prevent them from attempting to enter. Transition to lost traditions B. Lost traditions/beliefs – Many of these obsolete rituals focused on the future instead of the past and the living instead of the dead. In particular, many had to do with helping young women identify their future husbands and reassuring them that they would someday—with luck, by next Halloween—be married. 1. In 18th-century Ireland, a matchmaking cook might bury a ring in her mashed potatoes on Halloween night, hoping to bring true love to the diner who found it. 2. In Scotland, fortune-tellers recommended that an eligible young woman name a hazelnut for each of her suitors and then toss the nuts into the fireplace. The nut that burned to ashes rather than popping or exploding, the story went, represented the girl’s future husband. (In some versions of this legend, confusingly, the opposite was true: The nut that burned away symbolized a love that would not last.) 3. Another tale had it that if a young woman ate a sugary concoction made out of walnuts, h azelnuts and nutmeg before bed on Halloween night she would dream about her future husband. 4. According to some accounts, the Halloween supper has featured a roast fowl or even meat, but as the day before a Holy Day of Obligation in the Catholic Church, Halloween has traditionally been a day of abstinence from meat. The dishes most associated with Halloween in Ireland—colcannon, champ, and boxty—are all made from root vegetables and earthy harvests such as potatoes and cabbage. Champ is mashed potatoes, frequently with leeks, and served with a pool of melted butter in the top. Colcannon is potatoes and cabbage. Boxty is mashed potatoes mixed with grated raw potatoes, onion, and cabbage, which are then boiled, cut into portions and fried. (encyclopedia.com) 5. These traditional foods are emblematic of Halloween for many in Ireland. Sometimes, portions were left out for the fairies. In an article published in 1958, K. M. Harris quotes a man who recalls his mother putting salt on the head of each child to prevent them from being taken away by the â€Å"wee peop le† on Halloween. He also recounts her placing a thimble-full of salt on each plate. If the salt fell down that person would die in the next twelve months. These beliefs indicate the continued association of food with the supernatural, and perhaps echo the â€Å"old† new year’s day of Samhain in the idea that what happens on this night affects the next twelve months. (encyclopedia.com) C. Cultural  Similarities (all from answersingenesis.org) – Although many affirm that Samhain was the origin of modern-day Halloween, it is significant to note how many cultures throughout the world have celebrated a â€Å"day of the dead† (often with sacrifices), occurring at the end of summer and fall. There seem to be too many parallels to call these similar celebrations a coincidence. 1. For example, in the Americas there is the Mexican Day of the Dead (El Dà ­a de los Muertos) that goes back to the ancient festival of the dead celebrated by Aztecs and the more-ancient Olmec. This was likely where the Guatemalans got their Day of the Dead. 2. Brazilians also celebrate Finados (Day of the Dead). Bolivia has the Day of the Skulls (Dà ­a de los Natitas).7 3. In Asia, there are similar festivals. For example, the Chinese celebrated the Ghost Festival, which was a day to pay homage to dead ancestors. The Japanese celebrated something similar called O-bon or merely Bon. Even Vietnam has a variant of the Ghost Festival called Tet Trung Nguyen. In Korea, there is Chuseok or Hankawi, in which deceased ancestors are ritualized. In Nepal, there is the cow pilgrimage called Gia Jatra to honor the recently deceased. In the Philippines, there is the Day of the Dead (Araw ng mga Patay), where tombs are cleaned and repainted. The list goes on and on (see reference 5). 4. The annual Jewish holiday of the Day of Atonement (Yom Kippur) is celebrated in the fall, usually September or October.8 But it is distinctly different in purpose. It is not in honor of the dead. Rather, it deals with soul searching, repentance, and is a time of great sacrifice for the sins of the people (Leviticus 23:27–28). So, there is some cross over, but God instituted this date. Transition to Halloween in America D. Halloween in America 1. Celebration of Halloween was extremely limited in colonial New England because of the rigid Protestant belief systems there. Halloween was much more common in Maryland and the southern colonies. As the beliefs and customs of different European ethnic groups as well as the American Indians meshed, a distinctly American version of Halloween began to emerge. The first celebrations included â€Å"play parties,† public events held to celebrate the harvest, where neighbors would share stories of the dead, tell each other’s fortunes, dance and sing. Colonial Halloween festivities also  featured the telling of ghost stories and mischief-making of all kinds. By the middle of the nineteenth century, annual autumn festivities were common, but Halloween was not yet celebrated everywhere in the country. 2. In the second half of the nineteenth century, America was flooded with new immigrants. These new immigrants, especially the millions of Irish fleeing Ireland’s potato famine of 1846, helped to popularize the celebration of Halloween nationally. Taking from Irish and English traditions, Americans began to dress up in costumes and go house to house asking for food or money, a practice that eventually became today’s â€Å"trick-or-treat† tradition. Young women believed that on Halloween they could divine the name or appearance of their future husband by doing tricks with yarn, apple parings or mirrors. 3. In the late 1800s, there was a move in America to mold Halloween into a holiday more about community and neighborly get-togethers than about ghosts, pranks and witchcraft. At the turn of the century, Halloween parties for both children and adults became the most common way to celebrate the day. Parties focused on games, foods of the season and festive costumes. Parents were encouraged by newspapers and community leaders to take anything â€Å"frightening† or â€Å"grotesque† out of Halloween celebrations. Because of these efforts, Halloween lost most of its superstitious and religious overtones by the beginning of the twentieth century. 4. By the 1920s and 1930s, Halloween had become a secular, but community-centered holiday, with parades and town-wide parties as the featured entertainment. Despite the best efforts of many schools and communities, vandalism began to plague Halloween celebrations in many communities during this time. By the 1950s, town leaders had successfully limited vandalism and Halloween had evolved into a holiday directed mainly at the young. Due to the high numbers of young children during the fifties baby boom, parties moved from town civic centers into the classroom or home, where they could be more easily accommodated. Between 1920 and 1950, the centuries-old practice of trick-or-treating was also revived. Trick-or-treating was a relatively inexpensive way for an entire community to share the Halloween celebration. In theory, families could also prevent tricks being played on them by providing the neighborhood children with small treats. A new American tradition was born, and it has continued to grow. Today, Americans spend an estimated $6 billion annually on Halloween, making it the country’s second  largest commercial holiday. III. Conclusion Summarize main points, purpose and view. ——— Works Cited â€Å"History of Halloween.† History.com. A&E Television Networks, n.d. Web. 11 Nov. 2014. Hodge, Bodie. â€Å"Halloween History and the Bible.† Answers in Genesis. Network Solutions, LLC, 29 Oct. 2013. Web. 12 Nov. 2014. Image 1: D4doddy, Digimaree. Samhain Bonfire. Digital image. Ancient Samhain Ritual. N.p., n.d. Web. 12 Nov. 2014. . Image 2: Ritual De Samhain (NOCHE DE DIFUNTOS CELTA). Digital image. Cosas De Meiga (Libreria Escuela Tarot). Meiga, 26 Oct. 2012. Web. 12 Nov. 2014. .

Monday, July 29, 2019

Public Policy & Globalization and Outsourcing Essay

Public Policy & Globalization and Outsourcing - Essay Example The various steps are problem identification, policy formulation, policy adoption, policy implementation and policy evaluation (This Nation, n.d.). The problems that lead to the formulation of public policy are generally identified by spotting the causes and the factors contributing to the problem. This is the first step involved in the process of formulating public policy. This stage looks after various aspects of the problem. It identifies the degree of awareness among the commoners about the problem. This step also considers the various alternatives to reach to the solution of the problem in question (RCIP, 2002) A public policy may be adopted by certain group of people. These groups are the government players such as the courts, the executive branch and the legislative branch. There are various private players also like the citizens of the country and the interest groups (Pearson Education, 2010). The public policies are adopted for the welfare purpose of the citizens. There are various levels where the public policies enact differently. For example, at federal level such policies are levied to control the business units and the industries in a country. Moreover, for the protection of citizens staying in the country and abroad both the public policies are at times enacted distinctly. It also provides an aid to the central government as well as the state governments and the poor people by raising funds through various programs. These kinds of activities are covered by the public policies. They mainly aim at realizing the social goals (Pearson Education, 2010). The American President Barack Obama takes on bringing a change in the situation of benefitting significantly from the outsourcing Indian IT companies, has brought up a new policy. The policy developed has brought into existence a new tax code. According to this new tax code the companies that create employments in

Sunday, July 28, 2019

Amazon analysis Essay Example | Topics and Well Written Essays - 750 words

Amazon analysis - Essay Example We regard this action as a negative reinforcement that Amazon leadership apply on their employees. In the article, â€Å"Amazon Lawsuit Filed for Unpaid Integrity Staffing Overtime Wages,† Jesse Busk, who is a former employee at Amazon, exposes the odds that workers face at the warehouse. After a 12-hour shift in the warehouse, he is incapable of going home early because security checks take more than 30 minutes. Moreover, the company does not pay for the lost time. The managers expected that the security checks could prevent employees from stealing and that they would stop this checkpoint when stealing stops. Nevertheless, this concept sometimes leads to undesirable behavior. For instance, employees get angry because there is no extra wage since the waiting time is long after a busy day. Another problem with Amazon’s leadership is that Amazon employees do not receive rewards for their performance. According to the careers page on Amazon’s website, Amazon states that â€Å"At Amazon, we offer employees the chance to work with great people on exciting projects with lots of opportunity for growth. We also provide a full range of benefits for you and your eligible family members (including domestic partners).† Amazon commits to pay a salary that is 30% higher than their competitors and innovative programs to its employees. It sounds attractive, but the reality does not reflect their commitment. In fact, employees start to complain about the working conditions at Amazon soon after employment. In the article "I Do Not Know One Person Who Is Happy at Amazon", a current employee complains that no employee feels satisfied at Amazon. The employee is frustrated because he feels that Amazon uses him and does not appreciate his hard work. He mentions the high employee turnover, tough working condition and boring atmosphere at Amazon. He reports that he feels completely exhausted due to the extreme

Theodor Herzl Research Paper Example | Topics and Well Written Essays - 2000 words

Theodor Herzl - Research Paper Example He did this by organizing meetings meant to ensure the unity of the Jews. He also met leaders from Europe to try and negotiate the Jewish resettlement. Herzl also wrote articles to try to pass out information to the Jews and the European leaders about his Zionist beliefs. Herzl did not gather much support, but the resettlement of the Jews in their land could be accredited to his struggles. This paper discusses the works of Theodor Herzl to bring out his significance in the Zionist culture. Discussion It is important to note here that Theodor Herzl was first opposed to Zionism; he had accepted assimilation. Then what changed his mind? It was the prosecution of Dreyfus in 1894 that led Theodor Herzl to change his mind and support Zionism. Dreyfus was convicted of treason in France, and without any evidence, he was condemned to death. Theodor Herzl believed that Dreyfus was sentenced to death unfairly just because he was a Jew. Following the conviction of Dreyfus, several anti-semantic rallies were organized in Europe. This made Herzl discover that the Jews were greatly discriminated. This was just one Jew who had been unfairly convicted. Herzl concluded that the rights of the Jews were not respected in their land of domicile. Theodor Herzl wanted the Jews to live in a culture where they enjoyed equal human rights and got on well with other societies. Due to the events that were occurring, he believed that this could not be achieved through assimilation. He observed that the Jews were willing to be assimilated, but it is the majority societies who were not willing to assimilate them. The other countries treated Jews as being anti-social, in connection to which Herzl claimed the anti-social nature of the Jews was due to several years of oppression. The achievements of the Jews in science and commerce were not recognized. He claimed intermarriage would not be a solution because the citizens of majority society would not accept to marry the people they regarded as an ti-social. The Jews would not also have an opportunity to rule because they would not be voted in. He opposed the view that hostility towards the Jews would reduce; in fact, he said it would increase. He said the more the Jews stayed in foreign lands, the more they would be oppressed. If they could not assimilate them, then, he believed, they should have formed their own state that had its own cultures. In his writings, Theodor Herzl brought out a plan for the exodus of Jews to the Holy Land. He projected the social structure of this land. He advocated for formation of nationwide cooperatives whose productive processes would be commonly owned; abolition of competition; and removal of the state and invention of new modes of production (Zilbersheid 83). This, he believed, would ensure that the welfare of the Jews was taken care of. The only way to achieve this was through the resettlement of the Jews in their own land. His writings are significant here because it raised a spirit of li beration for the Jews. By forecasting how their land’s culture would be, more and more Jews were expected to accept Zionism as their only liberation. Theodor Herzl was very passionate in his works and put them in a way that led people to accept Zionism. One example is when he went to the Jews tycoons (Edmund de Rothschild and Maurice de Hirsch) to seek aid for the Jewish people; he portrayed himself as a beggar humbly seeking aid for the Jewish citizens. He always sought financial aid from the rich

Saturday, July 27, 2019

Performance Measurement Methods Assignment Example | Topics and Well Written Essays - 500 words

Performance Measurement Methods - Assignment Example Consequently, it is important to have a form of performance measurement tool or method that matches the exact form of performance variable being measured. It is against this background that different types of performance metrics have been devised. Likierman (2009) attempted to discuss some of the key performance measurement methods by focusing on things that organizations must avoid if they do not want to fall into the trap of wrong performance measurement. One of these traps was mentioned to be describing against yourself. This is the process of looking to one’s organization alone when measuring performance. As this is seen to be a trap, it means the best method for growth is to measure performance by having benchmarks that makes an organization look beyond itself. In my current organization, there are several ways that performance can be improved with we are to set benchmarks in our performance measurement. Very specifically, it is important for the organization to look at some of its key competitors and the output of work that comes from these companies. Based on such figures, out organization may also set its own goals so as to make it an industry leader rather than focusing only on its internal efforts. In another instance, Likierman (2009) makes mention of looking backwards as a major trap that defeats the goal of achieving effective performance measurement. Reviewing the annual reports of most companies, it would be seen that the companies quantify their output of work based on what was achieved in the previous year. Likierman (2009) however refuse to see this as an effective way of measuring performance. This means that the right method is to forecast by making projections of what the company wants to achieve. This method can clearly be applied in my current organization to ensure its growth and development. To do this, it would be important for the

Friday, July 26, 2019

Business study case Example | Topics and Well Written Essays - 1000 words

Business - Case Study Example Google Incorporation’s operating system. Moreover, the company had been recognized to be among the top five manufacturers of smartphone worldwide. The company had faced many challenges from other smartphone manufacturing companies which include Nokia, Samsung as well as Apple among others (Yoffie, Alcacer and Kim, â€Å"HTC Corp. in 2012†). From the provided case, it has been recognized that Mr. Peter Chou is determined to be a protagonist who is the CEO of HTC. Mr. Chou planned with the top management team to offer better smartphone products in the market with the intention of improving the financial performance as well as competitiveness of the company. In this regard, the CEO is required to devise plans as well as strategies for differentiating its products with the intention of providing better competition to its business rivals in the market. The decisions to be made in this regard were the major concern for the CEO. HTC commenced the business of manufacturing products through contracts since the year 2000 as well as was segregated into two major segments which include original design manufacturer (ODM) for branded companies providing handset as well as developing phones which are based on wireless network operators. In this regard, HTC performed in an efficient as well as successful manner. Mr. Chou had eliminated the bureaucratic structure of the company with the objective of assisting employees of the company to operate their operations in a more collaborative manner. Later on, Mr. Chou had planned to manufacture handsets with the brand name of the company in order to grow its business on international perspective. The only concern was with respect to financial as well as marketing aspects. In this context, the company had planned to develop innovative and quality products for providing better competitive products in the various market segments. The company had collaborated with Google Android as well as with Microsoft to compete in the market

Thursday, July 25, 2019

Evogear Essay Example | Topics and Well Written Essays - 250 words

Evogear - Essay Example The gratifying content in the website, which covers the descriptors and the content, helps and gratifies the basic need of the shopper. The website looks to bring together the cultural elements that go to make up the lifestyle: the art, the music the opportunities the website gives back. This adds more value to the customers. In agreement with the Evogear website developer, e-commerce has not yet attained its fullest marketing potential. Bryce Phillips says that it is in its infancy stage. This is true as the underdeveloped countries are yet to undergo the digital migration, which will uplift the e-commerce. Many countries he upsurge of the marketing environment experienced n the technical advanced nations is yet to be experienced making the e-commerce to be in its development stages. The website faces a lot of challenges in its operations. The quality products display has been a problem to the website. When the good will of one customer is lost, others will also be lost and this becomes a big loss for the store. The payment facilities of the website are not more secure as the website can be hacked or spammed. To address the challenges the website has moved to multi-sales online and mobile

Wednesday, July 24, 2019

Contract Case Map Essay Example | Topics and Well Written Essays - 1000 words

Contract Case Map - Essay Example She alleges that because she had asked for two bedrooms in her suite and not two bathrooms, this in effect amended the contract. GE Marquette Medical Systems is a company that had engaged the Biomedical Systems Corp. to make home uterine activity monitors (a.k.a. HUAM) These medical devices are regulated by the FDA. The contract between GE and Biomedical contained stipulations which stated that GE had to obtain pre-market notification clearance from the FDA, which for that purpose, Biomedical needed to give 90 days notice of intent to market the device to the FDA. The 90 day notice is for the FDA to check if the HUAM is substantially similar to other devices already approved for sale. However, GE instead requested that the FDA reclassify the HUAM device, which is a process that took over three years to complete. Thus, Biomedical sued GE for breach of contract and the jury awarded it damages. GE filed an appeal on the allegation that that the clearance procedure Biomedical wanted in the contract violated FDA procedure. The Supreme Court affirmed the lower ocurt's ruling. The Court struck down GE's raising the defense of illegality because this defense is not available. The contract with Biomedical clearly stated that GE would apply for clearance which it failed to do. Furthermore, the Court held that the FDA itself would have decided if clearance was proper. Petitoner won the case Kain v. Bluemound East Industrial Park, Inc., 2001 WL 1042674 (Ct. App., Wisc., 2001) Bluemound East is in the business of real estate, and had sold to Kain a parcel of land, which had been filled. Kain had informed Bluemound that he intended to construct a building which would exert 3,000 pounds per square foot. Bluemound stated that the land was safe for that building, and even warranted it in the contract. Kain had built a building that exerted even less than 3,000 pounds per square foot, and in a few years had sunk 2 inches. This resulted in Kain having to pay substantial sums for damage repair and preventive measures against further sinking. He then filed suit against Bluemound for breach of warranty. The lower court dismissed the claim for lack of evidence, thus Kain appealed. The Supreme Court reversed the lower court's ruling. It held that Bluemound had made a warranty as documented in the contract of sale, which is an assurance by one party to a contract of the existence of a fact upon which the other party may rely. A warranty is intended to relieve the promisee of any duty to ascertain the fact for himself, and amounts to a promise to indemnify the promisee for any loss if the fact warranted proves untrue. Seeing as the warranty by Bluemound is clear and unambiguous, and proof that the sinking was not due to Kain's own fault or negligence, the lower court is reversed. Petitoner won the

Tuesday, July 23, 2019

Central banks Essay Example | Topics and Well Written Essays - 1500 words

Central banks - Essay Example al bank delights in the monopoly of accumulating the financial base of a state and also it do prints the national currency which functions and acts as the state’s legal tender. This particular institution is considered to be independent from political intervention though restricted regulation by the executive and legislative bodies does exist. The central bank enjoys supervisory controls over other financial institutions. This helps in decreasing the risk that commercial banks and other financial institutions might indulge in fraudulent practices that may negatively affect a nation’s economy. A depository institution is a financial institution like commercial bank, savings bank and credit union that is lawfully permitted to receive deposits from its customers and provide them commercial credits. The federal depository institutions are controlled by the Federal Deposit Insurance Corporation in the United States. Depository institutions are also regulated by the central bank in a number of ways so as to manage the money supply in the economy. They are also obligated by the central bank to conserve the reserve prerequisite as specified. The central bank functions as a banker, agent and financial advisor to the government. As a banker to the government, it plays the same role as a commercial bank does to its customers. It keeps the accounts of both the central government and the state government. It accepts payments from the government and offers short term credits to the government. It accumulates cheques and drafts put in the government account. It conveys overseas exchange capitals to the government for paying back marginal arrears or in the procurement of foreign goods. As an agent to the government, it collects taxes and other payments on behalf of the government. It also raises loans from the public thus managing public liability. The central bank also represents the government in external financial institutions in conferences. It equally acts as a

Monday, July 22, 2019

Final Paper Essay Example for Free

Final Paper Essay Target corporation is one of the biggest retailers there is out there, bringing in an estimate of $74 million dollars a year in revenue. Majority of Target revenue is earned during the busiest time of the year, which are Black Friday and holidays. Target has had a huge positive reputation because of the â€Å"Expect More Pay Less† promise and giving 5% back to the community. However, Target has been going through some hard times because of the Target breach that occurred during the holidays of 2013. This research paper will focus first on introducing the Target breach and how it has affected the company and what the company has done to fix the problem. Moving forward, I will focus on internal controls that Target could have applied and summarizing everything towards the end. Target Breach Internal Controls Target Corporation is a well known and respected retail store out there. Target is a corporation that buys goods from manufactures at a purchase discount price and reselling it to consumers in a higher price to make a profit. Target has brought in revenue of $74 million dollars a year and continues to grow every year. However, Target has gone through some hard times with the Target breach that just occurred during the holidays of 2013. Consumers have had a hard time trusting their card readers and loyalty and sales have been dropping ever since. The question that is now in the air is what internal controls that company had during this breach and what could they have done to avoid this breach that just occurred. To begin with, the company was running perfectly and driving outstanding sales until the company and guest found out that they had a breach, also known to the community as the â€Å"Target Breach. Target corporation confirmed that a major data breach occurred between Black Friday and December 15, 2013, which includes many of the most important shopping days of the year† (Edelson, 2013). Ever since the Target breach, the company’s reputation was hurt, consumers were not confident about shopping, and are afraid of using the card readers at the stores. Later in time, after the breach was announced, the company had given further information on how the breach affected the people. It is believed that the breach affected roughly 40,000 card devices at store registers, which could mean that millions of cardholders could be vulnerable, according to the people familiar with the incident† (Sidel, 2013). On top of the 40,000 card devices being affected, 40 million people’s credit card and debit card information was stolen. The CEO of Target Corporation later released to the press and announced that personal information such as address, names, phone numbers, and e-mail address were also taken from the Target system. After reading about the Target breach, being an assistant manager for Target, and hearing about the tragic that has been caused, I remember feeling upset because of the way the company was going to be affected. However, it also reminded of the internal control concept that was thought in class. There was a lot of fraud involved with the Target breach, which is something that occurs when it comes to intern control. â€Å"Fraud refers to any act by the management or employees of business involving an internal deception for personal gain. Fraud may include, among other acts, embezzlement of business cash, theft of assets, filing false insurance claims, filing false health claims, and financial statement fraud† (Ferris, Wallace, Christensen, 2014, pg. 314). With the Target breach, you are able to see the fraud triangle concepts, which consist of pressure, opportunity, and rationalization. Being employed by Target, that concept came into mine when reading the article because there was an e-mail sent to management about believing that an employee that worked with the POS (point on sale) system had a lot of inside information within the system. The pressure was there to get information from the POS system and rationalization was involved when they knew that they can get credit card information. The opportunity occurred when they knew the busiest time of the year was going to be Black Friday and majority of the sales are driven in that day. From all that has occurred it is not clear what internal controls Target had in order to avoid this situation. Internal controls are important when it comes to businesses in order to avoid situation like the Target breach. There are two parts that I believe that important when it comes to internal controls, which are prevention control and detection control. A â€Å"prevention control is intended to deter a problem or fraud before it can arise† (Ferris, Wallace, Christensen, 2014, pg. 316). Target should have followed the prevention control with the POS system in order to avoid the Target breach. A â€Å"detection control, on the other hand, is designed to discover any problems or fraud shortly it arises† (Ferris, Wallace, Christensen, 2014, pg. 316). Target followed the detection control after the problem of the breach was brought and took justice in their own hands in order to fix the problem. The first thing Target did was post a prominent message on its Web site, â€Å"Important notice: unauthorized access to payment card data in the U. S. stores. † The message linked to a letter alerting customers that a breach occurred and outlining steps Target is taking to a voice a recurrence† (Edelson, 2013). Another step that Target has taken is bringing justice for the information was that was stolen out of their systems. Target had invested $5 million dollars into a multi-year campaign in order to stop phishing scams (Target, 2013). â€Å"Target has longstanding history of commitment to our communities, and cyber security is one of the most pressing issues facing consumers today,† said Steinhafel. â€Å"We are proud to be working with three trusted organizations-the National Cyber-Forensics and Training Alliance (NCFTA), National Cyber Security Alliance (NCSA) and Better Business Bureau (BBB)- to advance public education around cyber security† (Target, 2013). Target has gone to long measures to protect the information of the guest and reinsure loyalty by offering ProtectMyID, which keeps track of credit reports, monitoring, and identity theft (Target, 2013). As an apology to the guest, Target offered a 10% off discount to all guests which were a huge success for the company but numbers of transactions was cash paid. Being an employee for Target, we are still determine to follow our core roles, continue delivering the â€Å"Expect More Pay Less† promise, and delivering an excellent shopping experience for our guest in order to continue driving profitable sales and guest loyalty. In order to avoid this situation and detect the problem ahead of time, Target should have incorporated the following elements that are designed for prevention and detection controls. The first element is establish clear lines of authority and responsibility, which is giving authority to a supervisor or manager but also evaluation their consequently to companies policies and rules. Implement segregation of duties, â€Å"requires that when allocating various duties within the accounting system, management should make sure that no employee is assigned too many different responsibilities† (Ferris, Wallace, Christensen, 2014, pg.317). Hire competent personnel, which the company sees if that person has the education and qualified skills to perform that job. Use control number on all business documents, which is having all important documents with control numbers. Develop plans and budgets, which is having a plan and budget in order to bring the company forward. For example, the $5 m illion dollars that were invested in the anti fraud software in order to bring guest loyalty back. Maintain adequate accounting records, which is making sure that the company has the most recent accounting records. For example, the number of fraud claims that were reported under guest bank statements in order to reinvers their money back. Provide physical and electronic controls, is locking their doors or important files to prevent theft, which should have happened with the POS system. Conduct internal audit, â€Å"is a company function that provided independent appraisals of the company’s financial statement, its internal control, and its operations† (Ferris, Wallace, Christensen, 2014, pg. 319). In conclusion, we are able to see how the company was impacted from the breach that had occurred and the actions that the company has taken in order to fix the problem. People information had been stolen and finances have been tampered through it. We are able to see how internal controls play an important part when it comes to finances, accounting, and to businesses such as Target. If the proper elements and procedures had been applied with internal control I am sure that all of this could have been avoided or reduced.

Phoenix Jackson and the Modern Day Woman Essay Example for Free

Phoenix Jackson and the Modern Day Woman Essay A phoenix is a mythical bird of great beauty fabled to live 500 or 600 years in the Arabian wilderness, to burn itself on a funeral pyre, and to rise from its ashes in the freshness of youth and live through another cycle of years: often an emblem of immortality or of reborn idealism or hope; a person or thing of peerless beauty or excellence; a person or thing that has become renewed or restored after suffering calamity or apparent annihilation; A person or thing regarded as uniquely remarkable in some respect. Eudora Welty, in her character Phoenix Jackson, creates humanitys counterpart of the phoenix firebird from oriental tradition (Wampler 4 June 2013). Although Phoenix Jackson can not lay claim to the immortality manifested by consuming fiery rebirths (as does the mythological bird), she possesses a fiery spirit and is consumed by love for her grandchild (Wampler 4 June 2013). Phoenix Jackson is wise, confident, fearless, tenacious, courageous, and has a clear goal in mind, which is to get her grandson’s medicine despite any obstacle that she may face. Phoenix Jackson can be summed up in one word which is noble. All women should have the characteristics of Phoenix Jackson but some of those characteristics are being lost with the evolving society. Phoenix Jackson is an elderly African American woman walking into town on a cold winter morning to get medicine for her sick grandson. One aspect of Phoenix’s likeness to the mythical phoenix is their journey before they die. The Natchez Trace is an old highway that runs from Nashville, Tennessee, to Natchez, Mississippi (Natchez Trace 27 May 2013). By 1800 it was the busiest in the American South (Natchez Trace 27 May 2013). Phoenix lives â€Å"a way back off the Old Natchez Trace,† which indicates that the journey along with the fact that it is December is difficult for her (A Worn Path n. d. ). The obstacles she faces shows how deeply she cares and sacrifices for her grandson. At the end, when we are told she â€Å"began on the stairs, going down† it indicates that she is faced with a return journey as difficult as the one she has just completed (A Worn Path n. d. ). She is also between 80-100 years old which further magnifies the intensity of her journey and the tragic situation of her grandson’s dependence on her. Like many people who have lived to be Ms. Jacksons age, they gain strength from the years of trials and experiences in their lives. Ms. Jackson was unschooled, black and a woman who grew up during the depression and slavery years. This along with her many years on earth have made her cautious, strong willed and driven. Phoenixs appearance is yet another aspect of her likeness to the phoenix. At the beginning of the story, Phoenix is described as having a golden color [running] underneath [her skin], and the two knobs of her cheeks were illuminated by a yellow burning under the dark (A Worn Path n. d. ). Welty further describes Phoenixs hair as being tied back in a red rag (A Worn Path n. d. ). These images cannot be taken to be a mere coincident as the phoenix from the ancient Egyptian legend is described as having a beautiful red and gold plumage. Furthermore, Phoenixs eyes are said to be blue with age (A Worn Path n. d. ). This description is the first of many that give an indication of her age. The phoenix is a bird that matures to an extreme age before it bursts into flame and is reborn from the ashes. Welty also employs some rather unusual imagery, in which she describes Phoenixs skin as having a pattern all its own of numberless branching wrinkles as though a whole little tree stood in the middle of her forehead (A Worn Path n. d. ). All of these ties back in with the age the phoenix grows to. During the 1940’s women’s roles and expectations in society were changing rapidly. Previously women had very little say in society and were stereotyped to stay home, have babies, to be a good home maker and wife. Modern day women have it so easy compared to women in the 1940’s. Women today have many career opportunities that were not open to women of the 20th century. In fact, the great majority of women were illiterate because it was assumed that they didnt need to read if all the work they would do in life was raise children. Women of the 21st century have access to dozens of labor-saving devices that allow them to do housework in a fraction of the time that it took women in the olden days (Women’s Rights). Women today use birth control to plan the size of their families. Centuries ago, it was not unheard of for women to have 11 children, and childbirth was the single highest cause of death for women in their 20s and 30 (Women’s Rights). Women in these times live under a justice system that tries to stop domestic violence, whereas women in 1808 were the property of their husbands, who could do whatever they liked without penalty (Women’s Rights). No policeman or judge would ever think a man had done wrong if he had to beat his wife to get her to behave. Modern women control their own finances. Women two hundred years ago were unable to sign for a bank loan without a male consenting to co-sign (Women’s Rights). They were judged incapable of owning property, even to the point that any property that they brought with them into their marriage or inherited from their father was immediately transferred to the safe keeping of their husbands (Women’s Rights). If he then turned it into cash and invested it in a business deal that went bad, the wife had no recourse to recover the money. Women were only given the vote in 1920 (Women’s Rights). Before that, they had no say whatsoever in the laws that were passed that affected their lives. In a few ways, modern women have a harder time than women of yesteryear. Today some women move so far from home that their social and family networks break down. It appears that women living in the 21st century have it vastly easier than women of the 1940’s, although not in every case. Phoenix Jackson was a very rare woman during her time and she is unlike the modern women of today. Not many women today or even back then would do what she did for her grandson. Most women are focused on their careers and would send their husband or nanny to get the medicine for their child. Phoenix Jackson sacrificed a lot because of the love she had for her grandson. Phoenix Jacksons courage and tenacity are illustrated repeatedly as she faces crisis after crisis during her journey a frozen day in December, animals in the thicket, hills, thorny bushes, creeks, barbed-wire fences, a com field maze, superstition, a hunters gun, a tower of steps, her own forgetfulness, and failing physical healthall obstacles to be overcome (Wampler 4 June 2013). And thats what Phoenix Jackson does (Wampler 4 June 2013).

Sunday, July 21, 2019

Is Globalisation A Threat Or Opportunity Economics Essay

Is Globalisation A Threat Or Opportunity Economics Essay The term globalisation is often used however hardly ever defined. It refers to the rapid enhance in the share of monetary movement taking place across state limits. This goes further than just the international trade in goods and comprises the way those goods are produced, the delivery and sale of services, and the movement of resources. Globalisation is the result of a number of interrelated developments together with: The increase and relative consequence of foreign direct investment and multinational enterprises The internationalisation of financial markets The ongoing growth of communication and transport technology Deregulation and liberalisation Privatisation of public sector service (TSSA) This report includes about Globalisation and its impacts to consumers and also the benefits that both organisations and employees could take chance of it. Defining Globalisation Globalisation is the process by which the world is becoming increasingly interconnected as a result of massively increased trade and cultural exchange. The global economy is the machine that powers globalisation. This concept has been taking place for hundred of years, but has speeded up rapidly over the last decade. The factors that influence globalisation include the following. Communication: Technological products and services such as TV, Telephone and Internet have allowed information to travel so rapidly. An Australian business can have a call centre in Sri Lanka answering calls from Australian customers (BBC). Transport: This has become cheaper and people travel more than earlier days since the development of the transport industry such as Rail Transport, Air Transport and Sea Transport. The mode of transport has become more convenient than never before with the improvement of technology since customers can arrange their travel needs staying at their home and the services are delivered to their door step. Businesses can ship products and raw materials all over the world more easily making products and services from all over the globe available to their local customers (BBC). Trade Liberalisation: Laws restricting trade and foreign investment have been relaxed. Several governments even offer grants and tax incentives to convince foreign companies to invest in their country (BBC). When globalisation comes into existence there are two main policies that govern the process of globalisation, which is Privatisation and Deregulation. Privatisation is all about putting the government out of the business. Which means the free market will take control of the business which is managed by a private sector organisation. When the government is incompetent to run the economy they will let the free market to run it which will benefit the public. At this stage governments will sell their publicly owned business and assets to multinationals (MNCs) which are controlled and financed by public shareholders. In a country deregulation will take several forms. Government in a country would take off the trade restrictions and easing of government regulation in business will allow the business to run more efficiently. Therefore the best business will survive the competition to give the consumers a better standard of living. Dimensions of Globalisation Trade Trade is the key ingredient that receives more attention of globalisation. Trade liberalisation would minimise the formal trade barriers through the process of WTO and other regional bilateral agreements. Trade liberalisation receives much public inspection since it engages direct policy decisions by national government to reduce trade barriers. It involves legislation and concessions with other governments. Thus trade liberalisation is important to many countries economic in modern times. Many successive governments have delivered on commitments to reduce trade barriers (Harcourt, 2001). Investment There is less public debate about the role of investment despite the capacity of the capital which outstrips trade flows in this aspect of globalisation relative to trade. One of the reason behind this would be there are formal regulations of investment made by governments on an international scale equally there are trade regulations in the WTO. However the opening of the domestic economies to FDI is an important part of modern globalisation (Harcourt, 2001). 3.3 Organisational Change This dimension of globalisation related to organisational change in the corporate sector. Exploring trade and investment flows between countries may provide some suggestion to international economic integration but it may fail to spot key important developments of corporate restructure and firm behaviour that may have major affects. There have been intact changes in many organisations in terms of the nature of the firm due to globalisation of the production and distribution process. Today firms are part of global supply changes with extensive global networking which has led modern world management strategies such as outsourcing (Harcourt, 2001). According to Eslake (2000), For both corporations and governments, the drive to lower costs has in turn spawned a variety of management strategies such as outsourcing non- core activities to outside specialists, striving for economies of scale by acquiring and consolidating the operations of other businesses producing similar or compatible products, and shifting activities to locations where the most important inputs (such as labour or energy) may be obtained on the most favourable terms. For each of these strategies, reaching across national borders is a distinctly possible outcome. Corporate strategy might occur within in a nation where as in some instances it may not. Nevertheless, exporters and affiliates of international firms are often the first to implement organisational change within a country. Exporters tend to adapt international business practices much earlier than the domestic firm in the domestic market do will be a special characteristic. Therefore, practices like out-sourcing, benchmarking, business networking and contracting out are more likely to be pronounced in the exporting sector of the economy (Harcourt, 2001). Is Globalisation a Threat or Opportunity? Globalisation has the potential to create wealth and enhance living standards. The benefits are obvious for countries which comprised with products, skills and resources in order to take advantage of the opportunities provided by the global markets. Furthermore there are some major downsides particularly for those countries that dont fall into to this category (TSSA). In general globalisation is recognised as having increased the gap between the rich and poor. This is largely because of the policies that drive the globalisation processes have mainly focussed on the needs of the business. Moreover this concept has significant social and political implications which have brought the threat of elimination for large section of the worlds population creating unemployment, growing wage and income disparities. This concept globalisation which we all concern about has also made it difficult to deal with economic policies just as prominently in corporate behaviour which is purely within a nation (TSSA). Over the past years industrialised countries which are highly paid have seen their income rise much more faster than the average developing families in third world nations are dependent on insecure such as low paid jobs and less social benefits. Trade Liberalisation of trade which means and to reduce regulation including legal protection of workers has put on a negative impact on the lives of millions of people around the world. Several poor countries such as Sri Lanka are have been encouraged to enhance the production for exports and compelled to reduce inadequate spending on public services so that it will benefit the nation to repay their foreign depts. Consequently this has forced many people substantially in to a life of poverty and uncertainty (TSSA). Pros and Cons of Globalisation Positive: The utmost benefit that most of the developed countries get from globalisation is the availability of greater range of cheap goods to buy. Globalisation opens people to be alive to other cultures and all their creativity and to the flow of thoughts and ethics. Information and communication technologies have eased interaction among countries and peoples. Globalization has eased international trade and commerce, facilitated foreign investment and the flow of capital. Globalization has freed labour across boundaries. Globalization has set new rules that are integrating global markets. (Nsibambi, 2001) Negative: As cultures interact, some cultures are being diluted and/or destroyed at the expense of others and negative values are being spread all over the world with relative ease. The world is now divided between the connected, who know and who have a monopoly on almost everything, and the isolated, who do not know and who practically have nothing. Globalization has encouraged illicit trade in drugs, prostitution, pornography, human smuggling, dumping of dangerous waste and depletion of the environment by unscrupulous entrepreneurs. Globalization has facilitated the brain drain in developing countries, thus reducing further their human capacity. Globalization has set new global rules that have further marginalized poor countries and people, especially in areas of trade. (Nsibambi, 2001) Conclusion In order to sustainably serve the humanity there would be a different global economy that works in the real world. It is inevitable that the pain destruction caused by the global economy has affected the consumers in the poor countries at large but this how the global economy is designed. Employment deprivation, social breakdowns, and high personal stress levels are not a substance to mathematically calculated profit margins in todays business arena. The people of a nation as humans care about well being of their environment and society in which they belongs to. Most of the MNCs do not have such national sentiments to put in to practice as they would look ahead to give the world for a dominant market share and presently their concern is merely just doing what they want.

Saturday, July 20, 2019

Nelly in Emily Brontes Wuthering Heights Essay -- Emily Bronte Wuther

Nelly in Emily Bronte's Wuthering Heights In a novel where everything is turned upside down and every character plays a role they probably shouldn’t, Nelly Dean’s role is the most ambiguous. As both Lockwood’s and the reader’s narrator, Nelly plays the role of the storyteller. Yet at the same time, Nelly is also a character in the story that she tells, occupying a vast array of roles. As a character within her own tale, Nelly attempts to manipulate the actions of her fellow characters. The best way for the reader to understand both Nelly’s role in the novel and her manipulative actions is to see Nelly as being representative of the author. Authors occupy roles that are similarly as ambiguous as Nelly’s role, acting as both writers of and characters in their own stories, often unwittingly writing aspects of themselves into a large variety of roles within their own novels. Furthermore, Nelly’s manipulative actions and biases are analogous to an author’s exertions to move the narrative in accordance with her artistic vision. The multiplicity and ambiguity of Nelly’s roles as well as Nelly’s clearly manipulative maneuvers to alter the plot ultimately implicate Nelly in the meta-fictional role of representing the author. Nelly’s role in Wuthering Heights is inherently ambiguous because she occupies a vast array of roles throughout the course of the narrative. Who she is and what niche she fills depends on the characters with whom she interacts and on the situations in which she is immersed, resulting in great ambiguity over Nelly’s exact role in the novel. This lack of clarity arises before Nelly’s narrative even begins. When we first encounter Nelly, we know that she is the housekeeper of Thrushcross Grange. ... ...other, or a matchmaker; she is all four at the same time. This multiplicity in roles, as well as her exertions to manipulate her fellow characters, implicates Nelly in the role of the author, who both occupies the role of all of her characters and manipulates those characters to act as she wishes them to. As a reader, it is easy to dismiss Nelly as merely being a means to an end. It is because of Nelly that we are allowed the opportunity to hear the story of Wuthering Heights, but the narrative certainly does not revolve around her, and nor should it. The author herself should never occupy more space than her story. Yet by performing a meta-analysis on Nelly’s role, we can see the importance of not simply dismissing such a character, because her presence says just as much about the turbulences of passion for love as it does about the passion for a writer’s art.

Autism Essay -- Health, Dolphin Assisted Therapies

In a deep, dark blue ocean, an astonishingly beautiful and colorful creature with a crescent moon body shape swims through shimmering waves of light. This mysterious animal goes to a seashore everyday to meet his life-long best friend who, unlike itself, has two legs instead of long, slippery, streamlined flukes. Now, they are sharing one of the best moments in their lives. This is the scene I have always seen in my dream whenever I wish to have a dolphin friend with whom I can freely swim and interact. When I see their eyes, it seems like dolphins are reading my mind, and I also feel like I can read their minds, too. It is uncommon for a person to get an opportunity to interact with that lovely creature and get a feeling of healing. However, some psychologists recommend children with autism to spend some time with dolphins because they believe that a dolphin has psychologically and educationally therapeutic effects. Considering the high number of autistic children in the United Sta tes, I want to delve into, not only how using dolphins in therapies for autistic children in the United States affects their educational abilities, but also how in some ways dolphin-assisted therapies reflect people’s greed to use an innocent creature for their own interest. What is autism? According to Merriam-Webster dictionary, autism is defined as â€Å"a variable developmental disorder that appears by age three and is characterized by impairment of the ability to form normal social relationships† (Webster 65). Whenever I see the definitions of different disorders, I am always curious about the standards of different illnesses. For example, for autism, the definition says that autistic children commonly have difficulty in having normal social relation... ...om drowning† (Williamson 477). Likewise, parents tend to believe that dolphins would save their children from autism. However, does using an animal for our own purposes acceptable? Does DAT, in some aspects, reflect people’s greed to use an innocent creature for their own interest? Cathy Williams, in her article, suggests that â€Å"DAT can present a significant risk to the health and welfare of dolphins used in programs† because unlike autism children, â€Å"their conditions may be neither inspected, nor regulated† (Williamson 477). Furthermore, sometimes the stress of their confinement prevents them from behaving normally and it often makes them ill and results premature death. Dolphins have no freedom. Somehow they are brought to a place where they are â€Å"held in captivity† (Williamson 477). Do humans have a special right to do this to an animal without any permission?

Friday, July 19, 2019

The Effects of the Chernobyl Accident on International Actions Concerni

The Effects of the Chernobyl Accident on International Actions Concerning Nuclear Power Early in the morning of April 27, 1986, the world experienced its largest nuclear disaster ever (Gould 40). While violating safety protocol during a test, Reactor 4 at the Chernobyl power plant was placed in a severely unstable state, and in a matter of seconds the reactor output shot up to 120 times the rated output (Flavin 8). The resulting steam explosion tossed aside the reactor’s 1,000 ton concrete covering and released radioactive particles up to one and a half miles into the sky (Gould 38). The explosion and resulting fires caused 31 immediate deaths and over a thousand injuries, including radiation poisoning (Flavin 5). After the accident more than 135,000 people were evacuated from their Ukrainian homes, but the major fallout occurred outside of the Soviet Union’s borders. Smaller radioactive particles were carried in the atmosphere until they returned to earth via precipitation (Gould 43). The Soviets quickly seeded clouds to prevent rainfall over their own land, so most of the radioactivity burdened Western Europe, Scandinavia, and the Atlantic and Arctic Oceans (Flavin 12). This truly international disaster had far reaching effects; some of these were on health, the environment, social standards, and politics. As the radiation settled over Europe, it had many effects. Since the Soviets did not alert anyone, Sweden, and to a lesser extent Poland, were the first nations to detect the radioactive cloud (Gould 40-41). By May 3 it had made its way all the way to Northern Scotland, and was also moving down into Eastern Europe (39). As radioactive particles dropped to the Earth’s surface, they were utilized by living orga... ... 1987. Gould, Peter. Fire in the Rain: The Democratic Consequences of Chernobyl. The Johns Hopkins University Press: Baltimore, 1990. Herbert, Douglas. â€Å"Disputed Czech Nuclear Plant Counts Down to Launch.† September 21, 2000. last accessed 5/9/04 at http://edition.cnn.com/2000/WORLD/europe/09/21/czech.temelin/ http://www.cphpost.dk/get/55328.html last accessed 5/9/04 http://www.planetark.com/dailynewsstory.cfm/newsid/16161/story.htm last accessed 5/9/04 http://www.spacedaily.com/news/nuclear-civil-01c.html last accessed 5/9/04 http://www.vanderbilt.edu/radsafe/9702/msg00015.html last accessed 5/9/04 Lungescu, Oana. â€Å"EU to Fund Chernobyl Replacements.† September 26, 2000. last accessed 5/9/04 at http://news.bbc.co.uk/1/hi/world/europe/913125.stm Segerstà ¥hl, Boris (Ed.). Chernobyl: A Policy Response Study. Springer-Verlag: New York, 1991.

Thursday, July 18, 2019

Private cars should be banned in Hong Kong Essay

In this modern world, the majority of people in rich cities own cars. Cars are cool, comfortable, and convenient. But have people ever thought about and realized the damage private cars are doing to our community? I think not. People buy cars for their own benefit, with no regard for the fact that the emissions from vehicles are contributing to global warming. Moreover, especially in overpopulated Hong Kong, the high density of private cars causes massive traffic jams and accidents. Therefore, the environment would be better off if private cars were banned in Hong Kong. It would not only reduce the effect of global warming, but also decrease the risk of disastrous accidents. Therefore, I strongly believe that all private cars should be banned in Hong Kong for the benefit of our polluted society. Hospital deaths due to respiratory and circulatory diseases, and nitrogen dioxide and respiratory moralities, reflect the impact of air pollution in Hong Kong caused by car emissions. A lot of people are suffering from asthma attack due to the polluted air in Hong Kong. And there is too much oxide going into the atmosphere and producing the greenhouse effect. In Hong Kong, nearly 10 % of the population own cars. And the density of traffic is really high, meaning if everyone drives their car at the same time, there is not enough road space to accommodate all cars. So there will be more traffic jams and a much higher risk of accidents. In one week, there is at least a few car crashes, and on a yearly basis, there is bound to be at least a few hundreds. Also, getting caught in a traffic jam wastes a lot of fuel with undue emissions causing even more air pollution. Fuels are expensive in Hong Kong and fossil fuels are running out rapidly. If people do not take private cars and use public transport instead, then less fuel is used. Every morning when we go to school, there is always traffic jam, and at least half the road space is taken up by private cars. In Hong Kong, rarely a 7 seat car is full. It is almost impossible to find one that is full. So that wastes a lot of space. If people take public transport instead, the seats will be fully utilized. Despite all those disadvantages, I must say that cars are more comfortable than public buses, and that we have more space and freedom inside our own vehicle. Also most people consider taking private cars saves more time than waiting for buses. But have people ever pondered that taking public buses is just as fast without the private cars blocking the road, and having private cars actually obstructs and slows down the travelling speed and therefore wastes even more time. And owning a private car is only for our own selfish enjoyment. People may argue that with more people using private cars, car manufacturers enjoy more business, but that would also mean lower requirement for public vehicles and hence fewer jobs for bus drivers. If everyone believes that every family should own a car, public transport will no longer be in demand and many jobs will be lost to the local community. With all these disadvantages, I believe that establishing a law to ban private cars is the right thing to do. It not only helps save money, decreases the risk of car accidents, eases traffic flows, but also contributes to a better environment. I forcefully urge that we should ban private cars in Hong Kong.

Wednesday, July 17, 2019

Machete Season

3) Discuss the thought process of forgiveness and viciousnessiness in machete flavour. In your paper, analyze how the hands argue the idea of guilt how they understand the creation of forgiveness. Consider How do different hands in the group understand guilt and forgiveness? Do the men musical note guilt? Are you surprised by their sense/ deprivation of guilt? wherefore atomic number 18 you surprised? How does Hatzfeld treat this affair? Philosopher Paul Ricoeur posed the question, how can one(a) forgive someone who does not rent his guilt? (Hatzfeld 195) Whether this admission of guilt is equal to be forgiven or not, the transp arnt fetching of business for ones scrapions is an impregnable minimum in striving for forgiveness. Ricoeurs question becomes especially relevant when discussing the Rwandan genocide of 1994, in which the Hutu perpetrators, who killed hundreds of thousands of Tutsi, atomic number 18 now pursuance forgiveness for their actions. In Mache te Season by Jean Hatzfeld, a close coterie of such Hutu genocide perpetrators was inter come acrossed concerning their lineament in the genocide as nearly as their see to its concerning ruefulness and forgiveness.While a absolute majority of those inter find outed admit their guilt in sidesplitting the Tutsis, their lack of remorse makestheir apologies and actions largelyunforgivable. This falseness can be disciplinen with their self-centred concerns and motives, emphasis on receiving forgiveness from immortal rather than those dupeized, and vision of a legislate to a completely unaffected future tense. introductory to assessing the distressfulness of their regret and apologies, we essential see to what extent they believe themselves to be responsible.These men cite several key happen justifications for their actions. The offshoot is the intoxicating anti-Tutsi purlieu created by the Rwandan Presidents death being blamed on the Tutsis. These men charter that the consequent emotion led to umpteen of them being carried away in a tumult, an uproar, a commotion(215) and resorting to violence. This turbulent environment also do accepting orders to a greater extent intuitive, and Joseph-Desire goes as far as disclaiming responsibility for his actions as he was simply sp ar-magazine activity orders(171).And while these factors were claimed to overhear dish outed them initiate these murders, the patterned advance of the killings was accredited to the approval and satisfaction of adjoin people, until they just got used to killing(23). It is empty that these mass murders in legion(predicate) ship canal believe that they were not responsible for the thousands of deaths, an unbelieving situation make clear through Josephs stupid, odious, and untenable(171) de stiffor when in trial.Yet, despite minimizing their participation and blaming others, an overpowering egoism(240) arises in these interviews and these killers describe themselves as much(prenominal) more than simply peripheral figures in the genocide. A great contradiction among their described roles and their denial of responsibility is so created, one that highlights the unprejudicedty of these men. With these poor military postures combined, the subaltern for a sincere olfactioning of regret and remorse is already diminished. Despite this naive opinion in innocence, the perpetrators still are resulting to offer apologies to the victims.Alphonse highlights the necessity of a right(a) truth from the offender, a sincere request(204) in a proper apology. The irony is, this is exactly where Alphonse and his fellow killers apologies fail. The sincerity of their apologies are thwarted with the same naive and untenable thought processes exemplified by Joseph. The first of such weaknesses arises in the clearly egocentric and selfish motives for asking for forgiveness. quite a than conceive the apology as a mean to help support those affected, more a nother(prenominal) of the prisoners view it as a way to assuage their own situations.As Hatzfeld describes, these apologies are in many ways a selfish act because it facilitates the diminishing of his offence and, thus, his punishment, purge his guilt(199). This is made clear in many of the interviews when discussing forgiveness, as the conversation often shifts to the parole of the prisoners own problems such as Fulgences shivery(157) when thinking of his prison future, Elies dreams void of the killed people(162) further rather consisting of a return to his domicile, and Pios desire to assuage my memory board(160).Asking for forgiveness becomes a means to acquiring out of prison sooner, returning to family and friends sooner, and lowestly, to console their own nightmares rather than concern for the victims own families, futures, and mental states. Comments analogous He asked for forgiveness of everyone at his trial, and he still got a heavy prison term(203) reflect the na ive and selfish stead these killers have, not understanding the extra characterless reason(199) take oned to forgive such fearsome crimes.This selfishness is also reflected in to whom they are addressing, the neighboring weakness in the sincerity of their apologies. Rather than asking the victims for forgiveness, the most do by their actions, many of these prisoners bet to be more worried close to receiving forgiveness from idol, and protect their own futures. Fulgence epitomizes this attitude when he claims that the perpetrators must give a piddling something to those who have suffered. And leave God the too-heavy task of our final punishment(193).While the victims are the most effected by the events, Fulgence believes they only need a little compensation, and rather, managementes forgiveness on what will become of him. Pio also reflects this selfish attitude admitting his fear of punishment-here below or up above(160) and later goes on to swear that he only sees God to forgive me(207). Forgiveness involves two people, the culprit and the victim, however, the prisoners seem to only factor in themselves, made clear in the proliferation of first soulfulness pronouns such as our and me as demonstrate above.The ineffectiveness of this one-person methodology is made clear when viewing forgiveness from the eye of a survivor, Gaspard, who claims, Real regrets are said eye to eye, not to statues of God(163). The perpetrators clearly do not concede the role of forgiveness in the lives of the victims, whether to help cope or as truthful as a gesture, a view that again tarnishes any sincerity in there apologies.With the ultimate power in the hands of God, these mass killers seem to view the return to a completely ordinary life until judgment as tangible, and focus much of their narratives on their own futures. They feel their actions can simply be forgiven and forgotten by succeeding next time(163) and thus overlook any need to sincerely redeem themselve s in the present. The fugitive temperament of their guilt can be seen when Fulgence boldly admits, I thought wrong, I went wrong, I did wrong(157), and yet, soon subsequently asserts, those dead people and those acts of killing do not invade my dreams.He clearly lacks remorse, as the horrors caused by his atrocious actions apparently no longer cross his mind. This unregretful attitude is again affirmed through his belief that these same horrific actions are so easily forgotten when he claims, clip has punished me for my misdeeds and can allow me to cast down an ordinary life(192). Again, my, I, and me are consistently seen, showing the egotistical nature of the perpetrators, even when discussing the future.Over and over again, the victims futures are disregard and rather, the perpetrators look forward to get association football going again(160), to work without comprehend another word, except talk about crops(193), and to reunite with ones wife and house(162). Through thes e aspirations, it becomes clear how little responsibility they feel for their actions. In the end, many of these views and attitudes tarnish the sincerity of the perpetrators desire to forgive, reservation it that much harder for survivors to try and reconcile with the events of the genocide.While these trends are apparent in many, if not most, of the prisoners interviewed, itd be unfair to assign this lack of insincerity to every Hutu involved. On occasion, members of the gang do show glimpses of genuine concern, even to the extent of writing letters to victims from prison. However, if these accounts do show anything definite, it is the clear difficulty in apologizing and forgiving after genocide, the first cadence in any hope for accepted reconciliation.

Law of Tort

Law of Tort

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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