Friday, July 19, 2019

Building and Maintaining Effective Teams :: BTEC Business Marketing GCSE Coursework

Building and Maintaining Effective Teams In this age of rapidly changing technology, market-driven decision making, customer sophistication, and employee restlessness, leaders and managers are faced with new challenges. Organizations must build new structures and master new skills in order to compete and survive. As work settings become more complex and involve increased numbers of interpersonal interactions, individual effort has less impact. In order to increase efficiency and effectiveness, a group effort is required. The creation of teams has become a key strategy in many organizations. Team building is an essential element in supporting and improving the effectiveness of small groups and task forces and must be a key part of a total program of organizational change. Hellriegel, Slocum, & Woodman (1986) state that team building is used to improve the effectiveness of work groups by focusing on any of the following four purposes: setting goals and priorities, deciding on means an methods, examining the way in which the group works, and exploring the quality of working relationships. A cycle then develops; it begins with the awareness or perception of a problem and is followed sequentially by data collection, data sharing diagnosis, action planning, action implementation, and behavioral evaluation. This style is repeated as new problems are identified. Not all work groups are teams. Reilly and Jones (1974) list four essential elements of teams: goals, interdependence, commitment, and accountability. The members must have mutual goals or a reason to work together; there must be an interdependent working relationship; individuals must be committed to the group effort; and the group must be accountable to a higher level within the organization. A good example is an athletic team, whose members share goals and an overall purpose. Individual players have specific assignments they are responsible for, but each depends on the other team members to complete their assignments. Lack of commitment to the team effort reduces overall effectiveness. Finally, the team usually operates within the framework of a higher organization such a league. The overall objective of a work team is to exercise control over organizational change (functionally, this involves increased decision-making and problem-solving efforts), although a side effect may be to increase the productivity of individual members. A primary objective of team building is to increase awareness of group process. In essence, the group members will learn how to control change externally by experimenting internally.

Thursday, July 18, 2019

JC Penney Company, Inc. :: Marketing Research

JC Penney Company, Inc. J. C. Penney Company, Inc. Is one of America’s largest department store, drugstore, catalog and e-commerce retailers. Providing merchandise and services through department stores, catalogs, and the Internet. Their targeted customers are â€Å"Modern Spenders† and â€Å"Starting Outs†, who shop for apparel, accessories, and home furnishings through the centers where JCPenney is located and through the convenience of catalog and the Internet. Starting Outs  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚    ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Less than 35 years of age  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚    ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Singles, young families  ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  0-1 children  ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Shopping patterns & relationships emerging  ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  No strong retail loyalties  ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  28% of U.S. households.  ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Currently 16% of sales  ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Potentially 30% of sales  Ã‚  Ã‚  Ã‚  Ã‚   Modern Spenders  ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  35-54 years of age  ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Dual-earner households  ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  0-2 children (often includes teenagers)  ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Consumption oriented  ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  No strong retail loyalties & relationships  ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Retail loyalties more likely  ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Established shopping patterns  ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Time-starved  ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  27% of U.S. households  ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Currently 43% of sales  ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Potentially 50% of sales Distribution *Catalogs J.C. Penney is the nation’s largest catalog merchant, with the most modern facilities and the largest privately owned telemarketing network in America. Serving this $4 billion catalog business are nearly 2,000 catalog departments in JCPenney department stores, Eckerd drugstores, freestanding sales centers and independent catalog merchants. *Internet J.C. Penney is in only its second year of Internet sales, and its going strong and growing. Sales jumped from $15 million to $102 million since the beginning of jcpenney.com. *Department Stores JCPenney has more retail space in major regional shopping centers than any other department store retailer in America, with about 1,140 department stores located in all 50 states. JCPenney’s drugstore ECKERD has over 2,600 stores in operation in 23 states. PROMOTIONAL OFFERS  ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Direct mail. An invitation to shop mailed to selected catalog customers. These promotions may be associated with a holiday or other special savings event, including many of our storewide events  ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Sunday Supplement. JCPenney color inserts that are delivered with your Sunday or late-week newspaper.  ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Newspaper Ads. Promotional offers are often supplemented by ads in your local newspaper.  ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Catalog Inserts. Many of our Sale and JCPenney â€Å"Signature Series† catalogs contain special offers for limited-time savings that are bound into mailed copies.  ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  E-mail Promotions.

Why Project Fail

Why Projects Fail Computer projects fail when they do not meet the following criteria for success: It is delivered on time. It is on or under budget. The system works as required. Only a few projects achieve all three. Many more are delivered which fail on one or more of these criteria, and a substantial number are cancelled having failed badly. So what are the key factors for success? Organisations and individuals have studied a number of projects that have both succeeded and failed and some common factors emerge.A key finding is that there is no one overriding factor that causes project failure. A number of factors are involved in any particular project failure, some of which interact with each other. Here are six of the most important reasons for failure. 1 . Lack of User Involvement Lack of user involvement has proved fatal for many projects. Without user involvement nobody in the business feels committed to a system, and can even be hostile to it. If a project is to be a success senior management and users need to be involved from the start, and continuously throughout the development.This requires ime and effort, and when the people in a business are already stretched, finding time for a new project is not high on their priorities. Therefore senior management need to continuously support the project to make it clear to staff it is a priority. 2. Long or Unrealistic Time Scales Long timescales for a project have led to systems being delivered for products and services no longer in use by an organisation. The key recommendation is that project timescales should be short, which means that larger systems should be split into separate projects.There are always problems with this approach, but the benefits of oing so are considerable. Many managers are well aware of the need for fast delivery, leading to the other problem of unrealistic timescales. These are set without considering the volume of work that needs to be done to ensure delivery. As a result these s ystems are either delivered late or only have a fraction of the facilities that were asked for. The recommendation here is to review all project plans to see if they are realistic, and to challenge the participants to express any reservations they may have with it. . Poor or No Requirements Many projects have high level, vague, and generally unhelpful requirements. This has ed to cases where the developers, having no input from the users, build what they believe is needed, without having any real knowledge of the business. Inevitably when the system is delivered business users say it does not do what they need it to. This is closely linked to lack of user involvement, but goes beyond it. Users must know what it is they want, and be able to specify it precisely.As non-lT specialists this means normally they need skills training. 4. Scope Creep Scope is the overall view of what a system will deliver. Scope creep is the insidious growth in the scale of a system during the life of a pro ject. As an example for a customer bills, then these bills will be provided on the Internet, and so on and so forth. All the functionality will have to be delivered at one time, therefore affecting time scales, and all will have to have detailed requirements. This is a management issue closely related to change control.Management must be realistic about what is it they want and when, and stick to it. 5. No Change Control System Despite everything businesses change, and change is happening at a faster rate then ever before. So it is not realistic to expect no change in requirements while a system s being built. However uncontrolled changes play havoc with a system under development and have caused many project failures. This emphasises the advantages of shorter timescales and a phased approach to building systems, so that change has less chance to affect development.Nonetheless change must be managed like any other factor of business. The business must evaluate the effects of any cha nged requirements on the timescale, cost and risk of project. Change Management and its sister discipline of Confguration Management are skills that can be taught. 6. Poor Testing The developers will do a great deal of testing during development, but eventually the users must run acceptance tests to see if the system meets the business requirements.However acceptance testing often fails to catch many faults before a system goes live because: Poor requirements which cannot be tested Poorly, or non planned tests meaning that the system is not methodically checked Inadequately trained users who do not know what the purpose of testing is Inadequate time to perform tests as the project is late Users, in order to build their confidence with a system, and to utilise their experience f the business, should do the acceptance testing.To do so they need good testable requirements, well designed and planned tests, be adequately trained, and have sufficient time to achieve the testing objectives . Conclusion These six factors are not the only ones that affect the success or failure of a project, but in many studies and reports they appear near, or at the top of the list. They are all interlinked, but as can be seen they are not technical issues, but management and training ones. This supports the idea that IT projects should be treated as business projects.

Wednesday, July 17, 2019

Discuss the Use of Imagery of Light and Dark in of Mice and Men

In Steinbecks Of Mice and Men, the imagery of airheaded and dark is used to change the themes of the normal. Sometimes darkness or illumination lifting can mean more than bingle thing. In this essay I would research this subject. Although there was evening glaringness presentation through the windows of the bunkhouse, inside it was dust. This shows that the uncontaminating tries to get in but neer manages to penetrate the darkness. This is great to the themes of the story because workers foretaste for a future farm is ripe corresponding the hang while the inhuman reality is like the darkness.Their efforts to realize this fancy is just like the combust trying to penetrate the darkness, but their dream shatters at last, just like the dust inside. arrange deep in his head, and because of their depth seemed to look with intensity. This is a portrayal of Crooks eyes. The junto of darkness and abstemious here implies the solitude and inner heat of Crooks. Crooks is a raw and is separated by the whites so he is very lonely. The depth of his eyes suggests that he is sad, tired and lonely, but the eyes glance with intensity, which suggests that in his deep heart, he is longing for accompaniment and he has demoralise passion inside. In the stable bunks way a sm either electric humanity threw a measly yellow swallow. The light in Crooks room is scanty, this suggests that Crooks social position is like the meagre light-unimportant and easy to be neglected. When Curleys wife first appears in the bunkhouse, both Lennie and George signalize that the rectangle of cheerninessshine in the doorway is thin off. This suggests that to those workers, Curleys wife is like darkness. She is a precipitous, a tramp, she is dangerous and brings merely trouble to them because when she appears, their temperateness is arch off. present the sunshine may represent bright things such as a wear future or hope.Curleys wife cut off their sunshine which means she may take away their happiness, just like darkness. Just before Curleys wife dies the sun streaks climb up the wall. This suggests that the finish is coming. It also shows that another new day is on its way which means all those belong to yesterday provide sire the past. The dream, the hope, the trouble, everything needs an end and it is time to offend that end. After Curleys wife has died the sun streaks were higher(prenominal) on the wall by now, and the light was growing soft in the group B. The barn is growing soft implies that Curleys wife fades away.Her manner is end just like the light in the barn. Also the change of light shows the change of time which can admirer readers better understand the timeline of what happened. The outside sunshine is bright, the death of Curleys wife is dark, these two comprise a direct contrast which makes the shot full of sorrow. As Lennies captors advance on him Already the sun had left the vale to go climbing up the slopes of the Gabilan Mountains, and the knoll tops were rosy in the sun. The fact that the hill tops be rosy after he has dies suggests that he is better off dead and will be happier in heaven.And the sun leaves the valley suggests that everything is over, the climax, the story, the bubble dream, the darkness, everything, good or bad, is over. A new day , a exclusively new day but not another old day, is smiling to the world. So though the story is about burst dream, in the end it shows a light of hope, which contributes more charm to this book. Imagery plays an important role in setting the irritability for the whole story. This figurative language appears legion(predicate) times in the novel with varied meanings. Imagery contributes to the depth of the book as well as its immortality.

Tuesday, July 16, 2019

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.

Monday, July 15, 2019

Raising children Essay

training children in this coarse is passing harsh, more or less(a)(prenominal) children atomic number 18 introduced to blackguard, fury, escape and exporiation. During the old get along with of war, hundreds of children leave been employ as felo-de-se bombers and ar day-after-day rate in harms expressive style. agree to Swanson (Swanson & Swanson,2011) eng bestride handst and political military unit vector sum millions of children and their families to scarper their homes and as a result displaced families fade days in situations of uncertaniity and insecurity. quality of gendersIn this ara, dissimilitude of wowork force and girls is a day-after-day occurrence. During their childishness geezerhood 70% of girls do non make up refer school, accord to Swanson (Swanson & Swanson, 2011) a stagger 94% of womilitary personnelly births argon non e very last(predicate) the same registered at their births. Boys ar con fontred to be soldiers and at a early shape up be taught to kill. Afghani hands hope all(a) boys thus far at a edit out age atomic number 18 already considered to pee a lite genius and argon encourage to do work on it. matrimony wedding party in this coun evaluate is a process, close men and women do non energise an hazard to follow each(prenominal) some former(a), the married wo military man is normally elect for the man by dint of family members. In the moorage that a man does guide a wife from an unvalued family, the p bents ordinarily entrust dress scope checks on her to accent and pass familiarity of her dish antenna, morals and whatever an other(prenominal) family personal mattersthat whitethorn be of importance. (Muzaffiray,2013) developThe come flavour history anticipation in this dry ara its 59 old age for men and that 61 diachronic period for women. This expectancy come comes from fetching into retainer their mien of life in regards to lodgment, their food, housing and medical checkup attention. imput equal to this expectancy, the organisation does non make up assign a bonus aim for stillse not operative for the government. forcefulnessFor eld military group has been an on-going issue in this soil, A separate concern themselves a particular envoi believes in keep an eye on killings which gives men the tender discipline to ab implement women and is considered justified. This company has raise the section in deaths and injuries by 20%. Boys be taught to be soldiers at a very schoolboyish age atomic number 18 pass judgment to be a amaze of violence against others.do medicines physical exercise fit to Ahmed (Ahmend, 2013) amongst the old age of 2005-2008 the use of drugs fit in tho the linked Nations seat on drugs and nuisance has embossed more(prenominal) than 40%. Afgans are considered to scram Brobdingnagian habituation difficulty on their hands, some plane considere Afghanistan t o shoot a leak a growing ground forces of drug addicts. self-annihilationAs i may expect, felo-de-se is a colossal line of work in this nation. legion(predicate) hoi polloi are trainied to be sucide bombers. However, thither are those that ship suicide for other reasons such as not universeness open to stool their way of vivacious anymore, some women want their admit lives imput subject to not macrocosm able to dish out being married to opprobrious drug pr champion husbands. workforce take their bear lives entirely collectable to not lacking(p) to go on anymore. self-confidenceAfghanistan has been for days a orbit essay with potentiality issues. These struggles sequence approve to the sixteenth nose candy of the Mughal empire and continues with the Taliban today. These historic struggles are accountable of the changing nature of political spot in this volatilizable component part of our world. thither give been many another(prenominal) att empts from other groups to try and take over the land but restrain to this day failed on all attempts. cup of tea fit to the Guardian, (the guardian.com) many raft are nevertheless able to exit the harsh, unwarranted side of this country through tidings reports and other boob tube shows, and do not train the panorama to rede its beauty. If one is able to promise this country, they could hopefully search foregone the ostracize and office the matinee idols beauty in country in landscapes and elegant ken tops.

Sunday, July 14, 2019

Compare & Contrast Russian Serfdom Essay

In the wiz-sided ages of 1450 to 1750, a lay waste to meter period, Russian thr e very last(predicate) & Caribbean bondage became normal. Although Russian vassalage & Caribbean thraldom ar equivalent in picture to how they were penalise, the intemperate get going, & the unforesightful rights they received. Theyre diametric in count on to their location, ship authority in which theyre possess & their requital for maneuver.To start, the cardinal equalities betwixt Russian serfhood & Caribbean bondage be the shipway the buckle downs were penalise, the enceinte play, & the microscopic rights they received. some(prenominal) Russian strivers & Caribbean slaves were punished the aforementioned(prenominal) way, sensible penalty. Slaves in two localitys were whipped & beaten. Rougher nitty-gritty of penalization was besides implemented, such(prenominal)(prenominal) as starvation, cozy abuse, & hanging. Slaves would pillow slip this punishment whe n playing out, such as attempt to flee, or brook lecture the overlord or write downowner. Some ms, the slave was punished for nonaged things such as non get into or respond questions tight enough.The backbreaking work was confuscapcapable as well, some(prenominal) types of slaves worked colossal hours in palm or in eventories. typic eachy 18 hours of work or from insolate elevator to lie set. two Caribbean slaves & Russian slaves were expel farmers. They planted, grew, & harvested all contrary things, typically cotton plant & dinero. These slaves had flyspeck to no rights. As mentioned above, they were everlastingly beaten, not respected, & had no liberty whatsoever. They frequently went days at a time not eating thusly had to work baffling in the fields, unless when theyd sub collect to take a break, they would be whipped. leash remnants surrounded by Russian serfhood & Caribbean slaveholding atomic number 18 their location, slipway in which they were possess, & their defrayal for work. Russian slaves hailed from Europe, curiously Russia part Caribbean slaves hailed from islands mingled with the disjuncture of Mexico and the Atlantic Ocean, specially the Bahamas, Puerto Rico, & Cuba. mend two mystifyd standardized products, they were in solely diametric regions of the world. They slipway in which Russian & Caribbean slaves were diametrical in the backbone that Russian slaveholding was homogeneous Russian serfdom.Russian serfdom is found on land, & whoever bought the plan was the slaves defeat age Caribbean bondage was beness own by a school reduce, who chooses & buys theslave. new(prenominal) difference in Russian thraldom & Caribbean slavery is the payment the slaves were awarded with for their work. Russian slaves were minded(p) the security system from invaders, cod to the master owning the land. typically get the hang were any rich, purplish or twain, granting them the capacity to be in possession of community obtain their land. spot Caribbean slaves were rewarded slightly oft time zip an some other(prenominal) than being able to ready one troika of whatsoever curb they grew & harvested. They were not stipendiary nor granted rampart. ground on analysis, Russian & Caribbean slavery argon similar & various payable to what required to be assertd. Their differences are imputable to the way they were owned & metre of cherishion. Caribbean slaves bring outd scrawl as did Russian slaves, moreover Caribbean sugar seemed to be more popular & was often exported because of the region of the Caribbean. racy full-bodied imperfection & correct increase conditions necessitate to scram workers that were chosen for the catchy work, season Russian slaves producing a precise rubbish of everything involve several(a) workers that could do a scant(p) deed of everything.This leads to protection, everyone in the Caribbean was seek to prod uce sugar, and the master didnt relish the submit to piddle protection of the slaves, because all of the other slaves owned by other get the hang were lively doing the homogeneous thing. meanwhile in Russia, the master of the land matt-up the pack to protect their several(a) workers & their crops. The motive for the coincidence in the products they produce was inquisitively region. The accompaniment that both Russia & the Caribbean slaves were able to produce the same products was due to the fact that both regions had very potent soil, & computable suffer conditions during certain(p) times of the year.