Reproductive Health Bill Essay

The Reproductive Health Bill is a law in the Philippines that guarantee universal access to methods on contraception, fertility control, sexual education, birth control and maternal care. This bill or law is to provide the poor with reproductive health services, including access to contraceptives, and sex education to school children. That is why the priests and the church officials are not in favour of this bill because for them it is against the law of GOD, and some people disagree to use it because there is a rumours that after you use contraceptives you’ll get sick. In my point of view, I thought this argument is unnecessary for me to know because I’m just a student and I thought at first this bill is useless to the people after I read it, it is useful to the Philippines. This bill must be known to all the Filipinos out there. To me, I guess I am a Pro-RH bill because I am aware to what is happening to country right now, it can help our country seize the blooming population of our country and I believe that lazy and irrelevant parenthood is one of the main problem why there is POVERTY. We can build a nation that can provide need to our family. A nation that can follow fast to the new century and can never be left behind. Because of POVERTY, our country is being pulled down. And this bill can help for the couples married or unmarried because it contributes more to the knowledge to couples to have a good family planning. We all know that couples demand to have sexual intercourse and so by these, they can ensure a happy family and will not boost in numbers. And another thing is the Sex Education, to me I approve this so the students can help especially, their young minds to decrease the pregnancies of teens. I know I’m against the church and the law of God but I can see the future, if the population keep increasing fast trash will increase also, it is like in the movie â€Å"Wall-E†, so for me I agree to this bill. Another thing, if the church always agree to the laws of the government there would be many laws that can  help this country. I’m not saying that I’m against the church and God, I’m also a Catholic but we must see that our country is IMPROVING.

Critical Thinking Experience Template Essay

Expert critical thinking strategies are integral to successfully completing your college course work and advancing in your career. The purpose of this first assignment is to have a framework of focus that will assure success with the upcoming course activities. Specifically, reflecting on previous critical thinking experience can be a powerful way to get the stage set for successful completion of this course. As you complete this assignment, avoid performing research and using citations. Internet research is not needed because you are reflecting on your own experience not that of another author. There is no right or wrong answer—have fun! Choose a Situation Think back to a personal or professional situation when you used critical thinking strategies to solve a problem and make a decision. Example situations are: making a computer purchase decision; deciding which cell phone best meets your needs; choosing a school for your bachelor degree program; or another situation of your choice. As you think about a situation when critical thinking strategies were used, reflect on the ideas in the next section to guide the composition needed for this assignment. Required Composition of 400−600 Words To ensure your composition meets the 400−600 word requirement, consider some of the following ideas as you compose your reflection. In the chosen situation, which of these common critical thinking strategies did you use: describing the problem, breaking the problem into manageable parts, laying out potential solutions, weighing the potential outcomes of the various solutions, choosing the best approach, implementing the decision, and evaluating the outcome? Explain how you used the strategies and what you learned from applying them to your situation. Did you enjoy the critical thinking strategies? Explain why or why not. In what ways were your strategies satisfactory or unsatisfactory? Were the strategies you used successful? Explain why or why not. How much time did it take to use the various strategies? Were there any of the strategies that you would not use again? Would you consider experimenting with a different strategy in future situations? Until being asked to reflect back on my personal use of critical thinking strategies I didn’t realize how often I use variety of strategies in different ways in my everyday life. The decision to come back to school to pursue my bachelors was definitely fueled by my utilization of various strategies. I had to evaluate the long term positive affect obtaining my degree would have on my future and the potential initial financial burden. This was huge decision for me and I felt it was going to be a very daunting task at best. However, breaking down this concern into more manageable parts made it less intimidating for me to progress. This strategy provided me a road map to making a decision. Breaking down my concerns into more manageable parts was a fairly simple task for me that did not require much time. I wrote all my concerns in different columns allowing me space to write the information I obtained about each concern. This visually helped me stay on track. Choosing the best approach and weighing the potential outcomes of the various solutions was a much more lengthy process. Even though the process was lengthy it was immensely enjoyable. Getting my mind working toward processing all the information I was receiving was exhilarating for me. Each step of the way I felt more and more accomplished. All of the strategies were successful for me. They were so successful that they got me here on this new journey in life. The assistance they provided me in clarity definitely makes me inclined to use them again. However, my success also has sparked my intrigue to experiment with different strategies. I can see the potential that other situations may require different or additional strategies. I think it would be beneficial to use the strategy that appropriately fits to what I was trying to accomplish. I do believe that being good at critical thinking is a tool that will help me progress down the road professionally. I may have to go through some trial and error in my strategies selection and utilization until I get the solution whether it’s desired or not. I am grateful that this assignment has opened my awareness of being a critical thinker. I will work on making a conscience effort to realize when I am using critical thinking so I may analysis myself on how I am using strate gies. Thus, I can work on growing my skills and work on being a better critical thinker and in turn a better decision maker.

Private Passions and Moral Responsibilities: Hamlet Essay

Many great works of literature often focus on personal tragedy and ways of overcoming it. In Shakespeare’s Hamlet, however, the inability of the main characters to confront their problems properly leads to the destruction of all. The antagonist of the play, Claudius, allows his personal ambition for power to overshadow the will of his conscience. Hamlet opens at the royal castle of Elsinore where a ghost bearing the visage of the recently deceased King Hamlet is seen walking the halls in battle gear. Later it is learned that his brother, Claudius, has taken to the throne with King Hamlet’s ex-wife, Gertrude, after only two months since the King’s passing. The son of the deceased King, Hamlet, sees the marriage as a travesty stating, â€Å"(Oh God! A beast that wants discourse of reason would have mourned longer) married with my uncle; My father’s brother, but no more like my father than I to Hercules.† (Shakespeare 13) Clearly, Hamlet sees the marriage as incestuous in the beginning ; but he doesn’t take action until he is visited by the apparition of his father who proclaims that Claudius killed him in lust for power. Hamlet is asked, â€Å"If thou didst ever thy dear father love – oh God – Revenge his foul and most unnatural murder.† (27) Here begins Hamlet’s quest to avenge his father by laying ruin to King Claudius. To be certain of the King’s guilt, Hamlet puts on a play bearing a resemblance to how the ghost described the murder. When King Claudius views it, he feels a sudden pang of conscience and abruptly leaves. This flinch provides a first glance by the reader, and Hamlet that Claudius is guilty and is at odds with himself for his foul actions. From a soliloquy after storming out of the play, the reader becomesaware of the personal anguish Claudius possesses. â€Å"O, my offense is rank, itsmells to heaven; It hath the primal eldest curse upon’t, A brother’s murder! Pray can I not, though inclination be as sharp as will. My stronger guilt defeats my strong intent.†(84) For Claudius the act of killing his brother was a grievous one that he now regrets. His strong intent and ambition for  the throne has caused him turmoil in heaven’s eyes. The primary  consequence of Claudius’s actions on his character is that he will now have to make a huge decision as is delineated further into the soliloquy. â€Å"But, o, what form of prayer can serve my turn? Forgive me my foul murder? That  cannot be; since I am still possessed of these effects for which I did the murder – My crown, mine own ambition, and my queen. May one be pardoned and retain offense?† (84) Will he give up the worldly things he now possesses for forgiveness or will he keep on, undaunted by his guilt  and remain stained by his ultimate sin? It seems that the king cannot give up his precious power, but instead asks others to join him in an attempt to oust Hamlet and retain the crown. Claudius asks Laertes, † Will you be ruled by me (†¦) I will work him to an exploit now ripe in my device under which he shall not choose but fall; and for his death no wind of blame shall we breath.† (116) Power hungry and greedy, King Claudius has rejected the notions of morality by attempting to kill his nephew and has sealed his fate in the eyes of God. Shakespeare’s Hamlet pivots on the theme of mastering passionbefore it is too late. Although Claudius confronts his sins committed in search of title and authority, he never takes the steps needed to achieve absolution. Instead, the King opts to use violence to solve his dilemma  which results in both the downfall of his royal family and the turning of his â€Å"envenomed†(144) blade upon him.

Islam in the Malay world Essay Example | Topics and Well Written Essays - 2250 words

Islam in the Malay world - Essay Example The laws of the shariah are present in all aspects of their lives and are heavily relied on within the 33 local governments found in Indonesia. In Ache particularly, Islam is has taken a greater hold on the people since the shariah laws have been emphasized much in books and the reintroduction of these laws within special Shariah courts. They are strictly followed to ensure they have a firm hold on the strictest aspect of the way of life led by an individual. This also includes the women who at all angles viewed take a heavier toll of the requirements of the shariah laws that have been known to discriminate against women. Shariah can be defined as the all encircling and in-transmutable system of Islamic jurisprudence found within the Koran and the Sunnah. A characteristic of the shariah is that it covers all aspects of life including how to observe hygiene, the roles performed by different members of the family, relationships between man and God, daily living, social order and behavi or, how to relate to other Muslims, religious obligations and directions on how to live with the non Muslims among other things related to ways of living. In the light of the significance of the shariah to the lives of the Muslims, we find that the shariah makes a big part of their lives influencing the way the people behave, relate with each other as Muslims or with non-Muslims, take up their daily roles etc. women in Indonesia also keep their way of behavior in line with the requirements of the Shariah. Apparently, the shariah have been quite discriminatory on the side of the women. The women on the other hand are feeling the pinch and are reacting to the oppressive laws in different ways. The following essay will lie in the limelight the effect shariah law have on the women who live in Ache Indonesia. It will also show how the women here negotiate their political

Filtration Term Paper Example | Topics and Well Written Essays - 4250 words

Filtration - Term Paper Example There are several methods through which the filtrate induced may flow through the filter medium. This may be by gravity (hydrostatic head), pressure being applied upstream of the filter medium, reduced pressure or vacuum being applied downstream the filter medium or through centrifugal sedimentation. (b) Filtration mechanism This may be through cake or clarifying filtration. Cake filtration is when the solid gets stopped at the surface of the filter medium where it piles upon one another to form a cake. Also known as depth or filter medium filtration, clarifying filtration is when the solids get trapped within the pores of the filter medium. (c) By objective The objective of the filtration process may be either dry solids or clarified liquid or both. The filtration process may be either intermittent or continuous. When classifying filters, they are first divided into either cake or clarifying filters. They are then classified depending on the driving force and then finally into eithe r batch or continuous classes. Continuous filtration testing and scale up In continuous filtration, it is first assumed that the resistance of both the filter cloth and the filter drainage is insignificant as compared to the resistance of the filter cake. It is also assumed that both specific cake resistance and pressure drop remain constant throughout the filtration process. ... Cake discharge A practical filter application is one which produces a cake that is thick enough to discharge. There are minimum acceptable cake thicknesses that are required for discharge for various types of filtration systems and discharge mechanisms. Therefore, when running small scale tests, the experimenter should decide early during the test program the applicable type of discharge then later tailor the data collected in a way that it will fit the physical requirements of that unit type. Feed slurry temperature An increase in the feed slurry temperature decreases the viscosity of the liquid phase. The overall result of this is an increase in the filtration rate and a decrease in the cake moisture content. Cake thickness control At times, the rate of cake formation with bottom feed type filters may be rapid enough in such a way that it creates a cake that is too thick for subsequent operations. The cake thickness can be adjusted by simply adjusting the bridge blocks found in the filter valve so as to decrease the effective submergence, through reduction of the slurry level in the vat, and also by reducing the vacuum level in the portion where the cake forms. Representative samples It is essential for the sample to be used as the representative of the slurry in full scale plants to be tested under the conditions prevailing in the process. If the slurry has a temperature that is different from the ambient temperature, subsequent heating or cooling may change the distribution of the particle size. The age of the sample may also influence the particle size significantly. If an effect is likely, the bench scale testing should be at the laboratory site or at the plant on

Who is the real monster Essay Example | Topics and Well Written Essays - 1500 words

Who is the real monster - Essay Example rrified by what he has done, and abandons the so-called monster to his fate, wandering alone in the world looking at first for acceptance, but as time goes on, increasingly looking for revenge for all the pain and suffering that he is forced to endure. This paper analyzes Mary Shelley’s depiction of the scientist and his creature, showing how a number of key metaphors and similes, along with the conscious exploitation of extreme settings, reveal Doctor Frankenstein to be the real monster. The novel uses an interesting structure of some introductory letters at the beginning, and concluding letters at the end from a ship’s captain, Mr Walton, to frame the main story. The first main character to appear is â€Å"a being which had the shape of a man, but apparently of gigantic stature† (letter IV) and the second is â€Å"a human being...not, as the other traveller seemed to be, a savage inhabitant of some undiscovered island, but an European† (Letter IV). The perspective is of a neutral observer, the captain of a ship stranded in the far north. These descriptions reveal the standard prejudices of the time, in which Europeans considered themselves superior to other races, and through their history of slavery and colonialism treated other nations as â€Å"savages.† The ship’s captain is very impressed with Doctor Frankenstein’s highly civilized character but it is interesting that he also uses the word â€Å"creature† when de scribing him: â€Å"How can I see so noble a creature destroyed by misery... He is so gentle, yet so wise; his mind is so cultivated...† (letter IV). This introduction sets up an expectation that the strange guest on the ship is a good man, who will have an inspiring tale to tell, and that there is something wild and dangerous about the giant figure fleeing into the ice. When the Doctor is taken into the ship, the perspective changes to become his perspective and the main part of the book which follows consists of Doctor Frankenstein’s

Neuropsychological Patterns of Learning Essay Example | Topics and Well Written Essays - 1250 words

Neuropsychological Patterns of Learning - Essay Example Learning disabilities have remained uniquely linked to individual theoretical models. The methodology of assessing learning disabilities utilizes several factors in explanatory models and various levels of analysis. The objective of this analysis is to review the patterns of variations in learning for children with learning disabilities. The purpose for this analysis is to provide a scholarly critique regarding the patterns of learning of children with disabilities. According to a research conducted by Robert-Jay Green (1990, p. 145), he formulated two hypotheses in investigating the impact of family interaction and structure on information processing deficits of children with learning disabilities. The first hypothesis by Green seeks to research into the relationship between thought orders of schizophrenic children and parental communication. The study employed the use of a scoring manual designed to measure nonconformity in communication. The study highlighted the parent’s i nterpersonal linguistic skills in categorizing, naming, directing shared attention, and explaining world concepts to the children of different age groups and different chores. Green, however, indicates that family communication would have minimal effect on the long run on the child. Further, an environment based on uneven and unstructured communication styles would experience persistent cognitive disorientation and confusion. Hence, this leads to the impairment of a child’s ability to process and keep new information at school. The findings proposed a strong and reliable relationship between deviations in parental communication and diagnosis of schizophrenic and marginal conditions of children. This relationship would be associated to families with cognitively confused schizophrenic children. The analysis revealed a high rate of communication deviance for 87% of parents with children of learning disabilities (Green, 1990, p. 145). The second hypothesis focused on how an under organized family structure would enhance or maintain the attention deficits of children with learning disabilities. It utilized the method of interviewing families of children with learning disabilities and rating them. These children also labeled as Attention Deficit Hyperactivity Disorder or Conduct Disorder displayed an inability to maintain a focused attention. Clinical research indicated that certain features of families hinder a systematic flow of ideas in communication. For instance, erratic and unfocused parental control styles, abrupt topic changes, conflict resolution through threats, deficient communication in words and reasoning, and disciplinary based on moods. These families would be considered chaotic, under organized and detached. Thus, the two hypotheses established an association between family characteristics and children with learning disabilities (Green, 1990, p. 146). However, these two studies failed to establish the direction of impacts between parent and ch ild characteristics, and the role of environment and heredity in the emergence of these family patterns. Hence, the findings do not provide any results on the four etiological models; the genetic, environmental, ecosystem and stress models. Their research assumes that each model would fit only certain subtypes of learning disabilities. It would be recommended that further large-scale longitudinal research be conducted on parents diagnosed as learning disabled

Protest Paper Essay Example | Topics and Well Written Essays - 1000 words

Protest Paper - Essay Example This is a movement that seems to be gaining ground across the states ever since New York passed their city council resolution banning the use of cellphones in cinemas, restaurants, and theatres. Even cities in foreign countries such as London, England have made moves to limit the public use of the mobile phone. I feel that the moves of these cities, which are on opposite ends of the world, to curtail the freedom of expression and right to remain connected with one another should be stopped before it becomes a world wide trend. It is an infringement on our universal human rights and should not be tolerated in any part of the world. There is absolutely no reason to ban the use of cellphones in public places. In fact, doing so will instead create a bigger problem for our society in terms of personal and public safety. It is difficult to walk in the streets these days without seeing a person who isn't on his mobile phone. Be it a friendly chat or something truly important, we have to adm it that there are opportune and inopportune times and places for people to be using their mobile phones. When a person uses his mobile phone during the wrong times, this can cause annoyance, interference, and disruption in the normal function of our society. Those who support the total ban of cellphone use in public places do so because, as everyone tends to notice, people who are talking on their mobile phones while walking or in public places like restaurants and cinemas, tend to do so at the top of their lungs, I am not sure if that is because of a bad signal reception or because they are simply hard of hearing. Whatever the reason, shouting into your cellphone while in a public place is an embarrassing nuisance to those around you. However, if the only reason that cellphone use in public places is being frowned upon is because it poses a discomfort to those who do not happen to be on their mobile phones at the time, perhaps something can be done to lessen the hassle that they pe rceive to be undergoing when placed in the company of people who regularly use their cellphones. In other words, maybe the ban on cellphone use in public can be prevented, for as long as cellphone users learn to exercise good manners and proper etiquette when using the gadget in a public setting. Simple etiquette such as placing the ringer on vibrate rather than letting the phone ring to the latest Lady Gaga pop tune would show that you respect the activity of people who are doing other things, such as eating, reading or writing next to you. Every cellphone is capable of notifying you of your latest text message or phone call without having to throw an impromptu concert in the process. Of course conversations in public cannot be helped. In fact, we all communicate with one another when out in public and we do not seem to have a problem with the mix of words and discussions in public places as a society. Which is why I wonder as to why people protest the use of mobile phones so much. It's still a method of carrying on a conversation, that's all. But, just to show respect for those who do not wish to know what is going in the life of the person using the cellphone, it won't hurt to learn how to modulate your voice in order to keep a semblance of privacy within your conversation. Nobody really needs to know that you forgot to feed the cat

Human resource management Essay Example | Topics and Well Written Essays - 2500 words - 1

Human resource management - Essay Example Personnel management, on the other hand, is mainly concerned with the management of the workforce instead of resources, according to Armstrong (2008, p. 98). Personnel managers, unlike human resource managers mainly handle administrative duties such as ensuring that the immediate needs of employees in an organisation are met so as to ensure effective working environment. Koster and Koster (2007, p.6) also note that the two management functions also differ in terms of the nature of relations. In this regard, whereas HRM focuses more on group interest by ensures that the needs of all the employees in an organization are met, personnel management, on the other hand, focuses more on the interest of an individual employee instead of the group as is the case with HRM. In this regard, the management and employees exhibit a contractual relationship where one recruits and others perform according to Koster and Koster (2007, p.6). Koster and Koster (2007, p.7) allude that the duo also differ i n terms of management and power relations. In this regard, whereas power in HRM is highly decentralized and is shared between lower and middle level management groups. Power in personnel management is highly centralized. ... Armstrong (2012, p.44) argue that line managers plays crucial roles in the organisation by helping in ensuring that the human resource functions are discharged accordingly. The important roles of a line manager have particularly been seen in NHS that has a line manager working alongside the HR manager. Some of the principal duties performed by line managers at NHS include supervision, staffing, and ensuring that employees work in a safe and healthy environment. Regarding supervisory functions, line managers at NHS keeps maintain direct contact with all employees at the hospital through engagement. This gives them the opportunity to monitor the quality of work performed by employees in the course of their duties. At the same time, line managers ensures that every employee report to their duty station in time to ensure effective and timely delivery of services to patients at NHS hospital. Supervisory duties of line managers is very crucial because it also ensures that any vacancy that may arise due to absenteeism or unknown reason is filled to ensure timely discharge of duties according to Armstrong (2012, p.45). Armstrong (2012, p.45) also reveals that line managers can sometimes take up the position left vacant while awaiting the arrival of an employee so as to ensure that no work is left unattended. In addition, line managers ensure that all personnel are present to ensure that no department is left unmanned. Armstrong (2007, p.512) also notes that the line manager at NHS in collaboration with HRM ensures that the hospital has enough staff. In this regard, in case of a shortfall, the line manager is expected to report the matter to the HRM to enable the organisation to hire someone to fill the vacancy. In addition, a line manager as

Interrelatedness of Everything in Indigenous Religions Essay

Interrelatedness of Everything in Indigenous Religions - Essay Example More accurately, interrelatedness was explained through the concept of the circle of right relationships (Fisher, 2005) where the author averred that â€Å"a symbol of unity among the parts of this sacred reality is a circle†¦ many other indigenous people hold the circle sacred because it is infinite—it has no beginning, no end† (p. 38). The relevance of this relationship was developed due to the recognition that previous experiences have proven positive or negative repercussions of one’s actions depend on the kind of parallel action that was inflicted upon others. It was disclosed that â€Å"to maintain the natural balance of the circles of existence, most indigenous peoples have traditionally been taught that they must develop right relationships with everything that is† (Fisher, 2005, p. 39). Finally, the spiritual purposes that these experiences and interrelatedness serve for these indigenous people include preservation of peace, order and balance; not only of the inner self, but also sustaining harmonious relationship with everything else. Indigenous people have acknowledged spirituality as synonymous with unseen power, manifested and exemplified through various ways. As such, through viewing unseen power as something to be feared of, indigenous people go through traditional practices that include purification and sacrifices, among others, to appease the spirits and to be recipients of favors asked.

Atmospheric issues Term Paper Example | Topics and Well Written Essays - 1750 words

Atmospheric issues - Term Paper Example Global warming is connected to levels of carbon dioxide in the atmosphere because carbon dioxide is a greenhouse gas. Other gasses, such as methane serve as greenhouse gasses as well, but carbon dioxide is by far the most abundant, so the following mitigation plan will focus on limiting and eventually stabilizing the amount of carbon dioxide in the atmosphere as best we can. Addressing global climate change is important because a host of negative environmental and human maladies can be linked to a rapidly changing climate. Habitat loss, a greater range for human and animal disease, declining agricultural production and more severe storms are all possible outcomes from a warming global climate. But mitigating the amount of carbon dioxide being introduced into the atmosphere is a challenge. The complex nature of the atmosphere and earth’s systems makes some inputs, such as volcanic eruptions and solar radiation, beyond our control. Even inputs that are within our control are dif ficult to implement due to the global nature of the problem. Any realistic mitigation plan needs to have the cooperation of a host of governments and nongovernmental organizations. Though the challenges are daunting, the threats are even more so. This is why we need to address the rising amount of carbon dioxide in our environment. Carbon dioxide levels need to be mitigated because carbon dioxide is a greenhouse gas. Carbon dioxide is essential in our atmosphere because it traps heat in the atmosphere before it can be radiated back into space from the surface of the earth. It works very much like a blanket trapping body heat. If a blanket is too thick, the sleeper becomes uncomfortable. This is what many scientists believe is happening to earth. The build-up of carbon dioxide in the atmosphere is creating a thicker, more effective

Intel Case Study Essay Example for Free

Intel Case Study Essay Exhibit 6 shows the comparative intellectual property consideration. 2. DRAM was standard, and all competitors faced the same fixed cost, chip price depended on the learning curve and how aggressively competitors expanded capacity, thus manufacturing was not the Intel’s strength at that time, the Japanese companies were ahead of US companies in many different ways, such as mass production which reduced the cost, the high yield percentage 70%-80% in their fabs compared to 50%-60% for US, and that’s because they had disciplined approach to manufacturing, and they concerned with defects and control methods, and down in the learning curve. . Through integration in different industries Japanese companies built its competitive advantage, their DRAMs were used heavily by industries like, electronics, computers and telecommunications. Besides, these companies supported the Japanese equipment manufacturers to improve the DRAM manufacturing machinery to increase yields, which in return decrease cost of the DRAM, and better quality for their products, which were also competing the US. As a conclusion, Intel focus was toward building better design, better performance and capacity for the DRAM, and did not concentrate on building the competitive advantage. PC industry and added value (Q2-3-4-6) IBM had the largest added value, and this is because they adopted an open standard that made the IBM-PC nonproprietary, which catalyzed a massive structural shift in the computer industry, where it became horizontal. By adopting this strategy, IBM hoped that software developers to write new programs for the IBM PC, and one of the key contributor to the growth of the PC industry is the availability of packaged software and that the market being less fragmented. Intel initiated â€Å"project crush†- in 1980 – where it secured the 8088 to go into IBM’s first PC. Market less fragmented. IBM success in the market in 1983- 1985 catpulated Intel to the market lead in microprocessors. Intel built the reliability of this product. Intel created its value: Intel initiated sales campaign called â€Å"checkmate† after cutting the number of licensees to four, this step reinforced Intel’s position as the industry standard. By second source strategy, Intel recognized that they are giving away their technology to other companies, and they are losing a lot of profit, so they made the bold decision to be the sole-source manufacturer, and cut with AMD, and became the sole producers of CPUs and kept full control of the pricing. That is when they produced the 386 that was adopted by Compaq, users were willing to pay for the premium for additional performance. Intel protected its intellectual property rights; it was well ahead of its competition in intellectual property. It had trade secrets in design and production as well as patent, these resulted in substantial negotiating power in its cross-licensing agreements. See exhibit 6 Intel captured value Awareness campaign were conducted to target end users through â€Å"Red X† and then by â€Å"Intel Inside† campaigns, and co-op fund advertisement. They used the OEM to advertise for their products. At this point Intel built its brand and became widely adopted. Intel achieved its added value as a profit, by adopting the strategy of new products in short supply, where it was able to sell at the premium price, as production capacity increased and cost declined, the price would quickly scaled down to stimulate consumption in the mass market, as exhibit 7 shows for the 3 generation Pentium processors, the prices declined with time, and within less than a year, Intel was able to produce new generation with premium price, and decline the price for the previous generation. Another way of achieving the profit of the added value is investment in software development to leverage the advantage of the high performance processors. And that was achieved by development of complementors, although Intel had a relationship with Microsoft, but it was enough, since it required Microsoft years to develop the software, were Intel is moving faster, by adopting the strategy of complementors, Intel build its capital. Intel strategy was to invest in companies that fit strategically into Intel’s business strategy as well as offered a financial return. Threats and Actions PC computing was the center of computing during the 1990s, but the internet took over the next decade. Cellphones are sold more than PCs, and that is because they can access the Net. Network and communication became more important to people, whether it is in the home, small business or enterprise. Intel response to the changes in the environment by investing a lot of money in four areas, client platforms, server platforms, cellular and wireless, and communication and networking. Despite the fact that Intel took several steps toward making a position for it in the mobile and internet market, the threat of being behind the competitors in technology is high. Intel used to sell performance, but now it should innovate at the architectural level, to be the building supplier for to the worldwide internet and communication technology. One of the steps that may put Intel on the map is to start joint ventures to secure the position in the whole world economy. Investing in other communication industry to integrate Intel products.

The Aspects Of Social Work Theories

The Aspects Of Social Work Theories Social work involves working in profoundly emotional events in peoples lives, its practice is demanding and challenging and perhaps one of its most unique qualities is the balance it holds between understanding and working with the internal and external realities of service users (Bower, 2005). In 1935, Charlotte Towle, a pioneering social worker, deeply influenced the profession recognising that social workers needed to secure knowledge of human behaviour to understand service users. She distinguished between knowing people and knowing about people, suggesting the core of social work to be the interaction between the service user and the social worker (Towle, 1969). More recently, literature has expressed a continued relationship based approach to social work, which emphasises the importance of the social work relationship and the quality of the social work experience provided (Trevethick, 2003, Howe, 1998). Understanding how to best facilitate relationships and work with service users requires acquisition of knowledge from a range of disciplines, theories and skills (Strean, 1978, Hollis, 1964). Trevithick (2000) discusses that the insight derived from psychoanalysis, the psychodynamic approach and its theories on the unconscious can assist the social worker in offering a framework for understanding complex human relationships. The approach has had a major impact on social works development as theories on the unconscious have impacted on ways of working with service users (Pinkus et al, 1977) The psychodynamic approach derives from Sigmund Freuds psychoanalysis, a method of inquiry, theory of mind and body of research. Contrary to the prevailing thought at the time, where the assumption of psychology was that human behaviour was rational and the key to understanding human behaviour was to focus upon human consciousness, Freud (1936) believed that human behaviour was irrational and much of our personality, motives and behaviour were unconscious. Central to Freuds theories was the idea that certain experiences during childhood that are too painful to remember and are unconsciously repressed. According to Freud, these repressed thoughts give rise to states of anxiety or depressions which can be expressed in physical symptoms (Freud, 1986). In the 1920s social work practice shifted dramatically as they began working in hospitals and clinics, extending their exposure to psychiatric thinking (Goldstein, 1995). In a publication in 1940, Annette Garret became one of the first social work authors to comment on the impact of Freuds work on social work theory and practice, advocating for psychoanalytical ideas to be used by social workers (Brandell, 2004). Freud and his colleagues came to realise that symptoms, such as depression, anxiety and other psychological disorders could be expressions of unconscious conflicting impulses and unresolved issues (BPS, 2007). They explored the idea of transference, the projection of unconscious feelings of unresolved issues from the service user onto the worker. The issues were connected to significant others in their past. The service user experiences the worker through this lens and sees the worker as if he or she is the person from their past. The unconscious remembers feelings from the past and projects them into the present. The feelings from service user to the worker are the transference and the workers feelings towards the service user are the counter transference. Freud noted that transference and counter-transference were experienced in the therapeutic relationship (Freud, 1986). This notion has implications for social work in that it allows the social worker to be aware of his/her unresol ved issues that may impact on the working relationship with a service user and also allows the social worker to be mindful of hoe the service user is viewing the working relationship. Payne (1991) discusses how a social workers unconscious feelings can be awakened while working with a service user who perhaps reminds him/her of an experience or time in his/her own life. Freuds theories relating to the unconscious show that rational human choice may be overridden by our unconscious inner conflicts (Brandell, 2004) and can aid us in understanding human behaviour. The theories encourage social workers to have an open mind when working with distressed service users, enabling them to individualise the person in their environment, suggesting that each service user is unique in personal experience, strength and weakness (Strean, 1993). Transference and counter transference recognise that both service users and social workers are human beings and that to work effectively together involves acknowledging the emotions associated with all relationships (Trevithick, 2000). Schon (1983), Fook and Gardner (2007), Thompson and Thompson, (2008) advocate the importance of being a reflective practitioner. I feel that the psychodynamic perspective can assist social workers in acquiring the self knowledge it takes to become reflective. Trevithick (2003) describes this self knowledge as being what we learn about ourselves over time, including practice wisdom, our ability to be honest with ourselves about strengths and qualities while at the same time accepting our limitations. However, Freuds theories have their limitations in respect of social work practice. As Freud used non scientific methods in his research, it is difficult to prove or disprove his ideas. Freud did not have any concrete data, but undertook many individual assessments, mainly with older upper class women and for this reason, his work is considered sexist (Mitchel, 1974) and also euro and ethnocentric (Robinson 1995, Trevithick, 2000) as the studies on white populations. Fernando (1991) suggest that Freud saw other cultures as primitive in comparison to western white society implying a racist slant and Strean (1979) goes further to state that Freud had limited cultural assumptions and deviations from this cultural norm were considered abnormal and worthy of his treatment. However, in spite of this, Cameron (2006) points out that the psychodynamic approach has been taken up in many cultural contexts, most notably in Latin America, India and Japan. In light of criticism, however, the psychoanalytical concepts put forward by Freud and developed by later analysts have enriched our knowledge of mental functioning and human relationships and informs the relationship aspect of social work. It not only assists in informing the social work/service user relationship but also the relationships that service users have had in the past, experience in the present and will have in the future. Social work is about working with people and the psychodynamic perspective brings an extra skill of awareness into the mix. Freud began to understand, through this stage development theory for children, that the childs relationship to parental figures is the prototype for all subsequent relationships in the childs life (Freud, 1986). These can involve emotions such as rivalry, jealousy, guilt, love and hate. Freud felt that our sexuality began at a very young age and developed through various fixations. If each stage was not completed, we would develop an anxiety and late in life a defence mechanism to avoid that anxiety (Freud 1986). Freud developed the first stage development theory which acknowledges the issue of attachment between mother and child, a theory which later would be developed by other psychoanalysts and disciplines. The traumatic effects of prolonged separation between mother and infant are widely recognised today and this has led to radical changes in the management of children in hospital (BPS, 2007). Later followers of Freud, such as, Erik Eriksen and John Bowlby, came to realise, parti cularly through their work with children, that experiences of early infancy, though lost to the conscious mind in adulthood, nevertheless live on in the unconscious and continually affect and shape relationships and behaviour in everyday life (BPS, 2007). Bowlby (1951) developed Freuds theory, agreeing with Freuds emphasis on the importance of the childs attachment to the mother as a basis for later emotional relationships. His attachment theory describes how our closest relationships begin in infancy and set the stage for subsequent development. When the relationships are secure, they promote self reliance, confident exploration of the environment and resiliency in dealing with lifes stresses and crises. Lack of secure attachment can lead to emotional problems, difficulty relating to others and a vulnerability to psychological distress (Sable, 2004, Bowlby 1951). Bowlby believed that a mother inherits a genetic urge to respond to her baby and there is a critical period after the baby is born during which the mother and baby form an attachment. One of the most controversial aspects of Bowlbys theory was the claim that babies have an innate tendency to become attached to their primary caregiver, usually the mother, and that this attachment is different from other attachments. Any disruption of this bond in this period can have serious long term consequences. This has been criticised by other theorists who state that the attachment does not have to lie with the mother, it can be with any care giver (Schaffer Emerson, 1964). Mary Ainsworth, a psychologist devised a laboratory experiment called the Strange Situation (Ainsworth, 1978) which showed that Bowlbys evolving ideas could be tested and given a research base. A baby was observed in a set of seven situations, with the mother, with the mother and a stranger, with just a stranger and on its own. The babys reactions were observed (Ainsworth and Bell, 1970). Ainsworth found that psychological health is related to the positive quality of these attachment experienced, both present and past and the personal meaning attributed to them. Psychological distress is perceived as a distortion of the attachment systems and symptoms of anxiety, depression or anger reflect the internalisation of adverse affection experienced resulting in dysfunction (Sable, 2004). The behaviour of the parents towards the child, whether they are sympathetic and respond to the childs needs is important and according to Ainsworth, the more parents accept the child on the childs terms, the more securely attached the child is (Ainsworth and Bowlby, 1965). In applying Bowlbys theory to social work, we can see how social workers can construct an understanding of service users early lives and guide managing the relationship in the future (Sable, 2000). Bowlby (1982) proposed that children internalise the relational experiences with their primary care givers during their first year and develop internal working models, which help to predict and understand our environment. The bond that we create with our primary care giver shapes how we respond to others in later life (Bowlby, 1982). Studies from Ainsworth (1967) and Ainsworth et al (1978) support this theory. In social work with children, it is common to see a childs challenging and disruptive behaviour being understood as an attempt to test whether adults are reliable or consistent than previous ones (Payne, 2005). The psychodynamic approach offers an explanation for relationship behaviour in the service users we work with. Bowlbys attachment theory and the concept of resilience has also been used in social work with children to achieve positive outcomes for looked after children where care provided to looked after children aims to provide a secure base, self esteem and self efficacy (Gilligan, 1998). The policy document, Caring for children away from home (DoH, 1998) explains that children in the care system will often have had a long history of family problems and an emotionally turbulent life, leaving their personal development damaged and their capacity for basic trust in people severely compromised. This document highlights that social workers will have to work with service users who display patterns of insecure attachments. The ability for carers to provide secure attachment and emotional warmth is part of policy guidance in the Framework for the Assessment of Children in Need and their families (DoH, 2000). Bowlbys attachment theory allows social workers to make the link between emotional develop ment, behaviour and the quality of relationships with their carers (Trevithick, 2000). Howe (2000) states that attachment theory can guide and inform social work interventions with children. It can act as a framework of theory and patterns of thinking. Bowlbys attachment theory can also help social workers make sense of the way in which service users engage with services. Most social workers have worked with service users who say that they would like support but cannot make use of the services on offer. This difficulty can indicate experience of distress in early childhood and can be understood in terms of their history of attachment bonds (Howe, 1999). Some service users seek to exert control in the relationship with a social worker, perhaps refusing support or making unrealistic demands. Social workers could view this as the service user being difficult or alternatively with consideration to attachment theory this could be understood in terms of the service users previous experience of rejection from their carers which has left them cautious of accepting help (Trevithick, 2000). In critical analysis of attachment theory, Schofield and Beek (2006) explain that although attachment theory can offer assistance, service users lives need to be considered uniquely, drawing on their wider environment, education, experiences of racism and economic background. For example, attachment to carers is central to working with looked after children but must be understood within a range of other factors (Schofield and Beek, 2006). It can also be argued that attachment theory does not incorporate enough consideration of issues of oppression that result from differences of race, gender, culture, sexuality and social-economic factors (Milner and OByrne, 2002). In a society where due to globalisation, colonisation, immigration and asylum seekers, families are having to travel great distances to secure attachments, Bowlbys eurocentric theories do not go far in explaining cultures or social work from a black perspective (Robinson, 1995). This highlights again that psychodynamic thought should not be used in isolation. Human nature is such that no one theory can account for the infinite range of difference amongst individuals. For example, difference in learning abilities and other problems in development such as autism can be mistaken for attachment disorders if examined in isolation (Rugters et al, 2004) The central ideas of the theory used today are that the quality of close relationships (or attachments) has a bearing on personality, emotional and social development not only in childhood but across the lifespan (Howe, 2001). In conclusion, it is evident that there are weaknesses to a psychodynamic approach in social work. Theories of the unconscious can partly explain human behaviour but it fails to take into account environmental, social, economic factors and issues of culture and race. It is also deterministic in its approach and does not leave much room for agency and change. However, there is not just one body of knowledge used in social work practice. Social work knowledge is derived from different approaches but what they all have in common is that they do not originate from or are specific to social work itself, recognising that social work theory is a political and social process (Payne, 1997). Briggs (2005) states that the overall the contribution of psychodynamic research is to bring in another point of view which enhances the reflective psychosocial space in which social work takes places. Psychodynamic insights can in part assist the social worker in the difficult and complex human situations in which they are involved. As a core component of social work, the ability to respond to peoples emotional needs, to their impulse for emotional development and to the difficulties they experience in forming or maintaining relationships, the psychodynamic perspective can assist in giving us another point of view. In terms of recent policy, high profile investigations since 2000 have highlighted the importance of effective relationship building in social work ( Laming, 2003 and Laming, 2009) These cases have caused nationwide concern beyond the professions and services involved, causing a frenzy of media comment and public debate, putting the social work profession under the microscope. Social workers need good observation and analytical skills in order to be able to understand the nature of the relationship between a parent and child, to understand signs of noncompliance, to work alongside a family, and to come to safe and evidence-based judgements about the best course of action (Laming, 2009). As social work continues to be very much under societys microscope, it is essential that it encompasses a body of knowledge from a wide variety of disciplines, always remaining open to new theory and knowledge while considering perspectives from other professions. Word Count 2,658

Image as Icon: Recognising the Enigma’ by Tracey Warr

Image as Icon: Recognising the Enigma’ by Tracey Warr In Tracey Warr’s essay, ‘Image as Icon: Recognising the Enigma’, she identifies and discusses four discourses of performance photography–the document, the icon, the simulacrum and the live act–and what is at stake in these discourses is the ‘truth’. What she describes as ‘contradictory’ and contentious between the discourses, I believe what she has shown is the different ways in which photography is utilised and read as a medium for documenting and presenting a live performance. Although these photographs may offer themselves as an accurate record of the event, or the complete ‘truth’, Warr shows how incomplete, though necessary, photography is in depicting the experience of the live performance. Adrian George offers a loose definition of live performance art as primarily consisting of a living ‘human presence–a body (or bodies) in space and at a specific moment, or for a definite period’. What is difficult about performance art is that most people expect to see ‘art’ in a traditional sense, which is an art object. Performances do not have a ‘fixed referential basis’, much like Robert Smithson’s earthwork, Spiral Jetty 1970, whose spiral formation no longer exists physically due to erosion by the sea. Because performances and works like Spiral Jetty ‘continue to exist only through an accumulation of documentation and discourse’ documenting these works become very important in placing them in a historical context. In Warr’s discourses of performance photography as the document and the simulacra, we have what appear to be two polarising discourses–the ‘real’ evidence and the simulation; however, her development of both discourses arrives at similar conclusions about truth telling. Warr defines the discourse of the document as ‘the image perform[ing] the role of materialist evidence and proof–showing us exactly what happened so we can ‘know’ it’ while the discourse of the simulacra ‘explores fakery, the performative and representation’. According to Susan Sontag, unlike writing or even paintings and drawings which are perceived as ‘interpretations’, the photograph is perceived not so much as ’statements about the world so much as pieces of it, miniatures of reality that anyone can make or acquire’. However, both Warr and Sontag debunk the myth that the photograph is objective or factual. The perfo rmance is filtered through the photographer and camera through the process of framing, cropping and composing the photograph. Then there is the process of choosing the best photographs to represent the entire performance, which Warr points out are usually the most composed photographs. In addition to this process of reduction, the experience of ’sound, time, space, [and] often the audience’ are missing from the photograph. The photograph as document is exposed, so to speak, as being like the simulacra, a mere representation or a simulation–the document is a construction. In reference to Hans Namuth’s photographs depicting Jackson Pollock painting, Fred Orton and Griselda Pollocks’ pose the question: ‘how far does the photographer document what happened and how far does he or she create the ‘documented’ phenomenon?’ Although Namuth’s photographs can be read as historical documents of the painter, Warr points out that these images are actually ‘Namuth and Pollock staging Pollock’. Another question that could be asked is how much does the artist perform for the audience and how much does the artist perform for the camera? Many performances during the 60s and 70s are ‘hybrid performance photography’ which were performed especially for the camera as opposed to a live audience. This kind of performance photography subverts the function of the photograph as an objective, unobtrusive document as the hybrid performance photography blatantly uses the camera as an accomplice to stage its performance. Hybrid performance photography also subverts the central idea in the discourse of the live act. In this discourse, documentation is relegated to a mere ’subsidiary status’ while the live performance itself is ‘primary, cathartic, witnessed and ontological’. Here, documentation is supposed to be as ‘unobtrusive’ as possible because the most important aspect is the interaction between the performer and the audience, an aspect that comes from the traditions of the theatre. However, trying to capture the experience of the interaction between the performer and the audience is problematic as not only is the photograph incomplete as a truth teller as mentioned already but the viewer of the photograph cannot intervene with the performance. During the live performance, there is an opportunity for the audience to react ‘with a corporeal response’ but when viewing the performance through a photograph, the viewer is ‘already in interpretation mode’. Trying to decipher whether or not the photograph of Chris Burden’s nail-scarred hands in Trans-fixed 1999 is real or staged is an example of being in the interpretation mode. Because the live performance lacks a fixed referent, the performance photograph itself is liable to become an icon. Here, the photograph functions beyond just a mere document or a staged image. In this discourse of performance photography, the ‘icon presents us with a manifestation of the unknowable and an encounter with that manifestation in a state of belief’. Warr points out that the role of the photograph as an icon is riddled with contradictions and compromise. The icon ‘is both indexical and documentary’, presenting itself as tangible evidence but in doing so it also ‘compromises it status as a manifestation of an unknowable to be believed’–conjuring up issues of fakery. The icon is a paradox because the iconic ‘must be universally familiar and †¦enigmatic’, or ‘the known and the unknowable’. In the world of art, the photographs of Jackson Pollock and Joseph Beuys–images of two famous and well-k nown artists–are as much icons as are their artwork. Warr’s exploration of the four discourses presents contradictions between the discourses but at times they also complement each other. However, all four discourses point to the conclusion that even performance photography, like the art object, has no fixed meaning nor is there a fixed relationship between photography and performance. As Warr has shown us, it is a relationship that is highly complex.

A Comparison of the Heroes Of The Stranger (The Outsider) and The Myth

The Absurd Heroes Of The Stranger (The Outsider) and The Myth of Sisyphus In The Myth of Sisyphus, Sisyphus is an absurd hero because he realizes his situation, does not appeal, and yet continues the struggle. The purpose of this essay is to demonstrate that The Stranger is, in narrative style, also showing us an absurd hero, or the beginning of an absurd hero in Meursault. In The Myth of Sisyphus Camus establishes the epistemology on which he bases all his works. Ant it's a very simple epistemology. He says: "This heart within me I feel and I judge that I exist. This world I can touch and likewise judge that it exists. There ends all my knowledge and the rest is construction. Between the certainty I have of my existence and the content I try to give to that assurance the gap will never be filled." So for Camus one finds that life has value but no meaning. Meaning implies some sort of goal, some teleological approach, and, for Camus, there is no goal. Life is not a pilgrimage, death is not an open door, but it is a closed and blank wall which functions finally, of course, to force us to concentrate on life. In Camus there is a precise use of the word "absurd". "Absurd" comes from the Latin surdis and in surdis we have a dual definition: it means irrational, insensible (from that side of it we still use the word in mathematics; a 'surd' is an irrational number). But Camus concentrates on the other meaning which comes from the root. That is, "deaf, silent". There are many examples in literature of this particular kind of silence. I think of Romeo and Juliet when Juliet has been ordered by her parents to marry the County Paris, and in one of Shakespeare's best scenes in that play, he has Juliet's father talking... ...e. But rather we are shown as small and mortal specks on a minor planet, in an ordinary solar system, located no place in particular, in infinite space, and subject to all sorts of dark irrational forces, over which we have little control. We must live and must die with the fear and anxiety, the meaninglessness, frustration and futility that people today know. One must live in the present moment and attempt to find out the actual, bare, given facts of human existence; to find them out, to face them and to live with them. Camus does this; no more and no less. He becomes, as it were, a saint without a God. One could do worse than recall the epigraph which Camus uses at the beginning of The Myth of Sisyphus. He quotes from the Greek poet, Pindar, writing in the 5th century B.C.; "O my soul, do not aspire to immortal live, but exhaust the limits of the possible".

psychology Essay -- essays research papers

Chapter 2   Ã‚  Ã‚  Ã‚  Ã‚  This article is from the April 2003 issue of Psychology Today. In chapter 2, behavior is the main topic. Behavior is a bit unexplainable , but it can be put into form of patterns or predictions. Also, behavior is uncontrolled, but can be changed to a small degree with the use of medicine or a good diet. This article â€Å"Fighting Crime One Bite At A Time† tells how a good diet can maybe decrease the number of rule breaking by prisoners in jail. This article relates how changing ones nutrition can change their behavior. This article showed an experiment where 231 inmates were either given vitamin supplements and the others to fake pills to see which group would break the rules more. The vitamin group broke the rules 25% less than the others did. This is pretty interesting how giving criminals the right nutrition requirements may change their behavior. Chapter 3   Ã‚  Ã‚  Ã‚  Ã‚  Chapter 3 is talks about sensation and perception with our eyes. Our eyes effect how we think and perceive things. Our eye turns a wavelength into light in which the path of the light goes through the pupil then iris then to the retina, which contains cones and rods. This article from Lets Live named â€Å"Obesity Increases Cataract Risk† relates how being obese may effect the development of cataracts in your eyes. A cataract is a cloudiness or opacity in the normally transparent crystalline lens of the eye. This cloudiness can cause a decrease in vision an...

Guilt and Conscience in Shakespeare’s Macbeth Essay -- William Shakespe

In Shakespeare’s Macbeth, the theme of guilt and conscience is one of many explored throughout the play. Macbeth, is a well respected Scottish noble who in the beginning of the play is a man everyone looks up to; however as the play progresses he makes a number of bad decisions. Eventually, as a result of his actions he suffers guilt and this plays heavily upon his character until his personality is completely destroyed. Shakespeare uses a range of techniques in order to develop this theme such as, characters, imagery. Shakespeare uses the title character of Macbeth to effectively develop the theme of guilt and conscience in his play. Several times in the play we see Macbeth’s character crumbling as a result of a guilty conscience. At the beginning of the play he meets the witches with Banquo, and this prompts the first step toward killing the King. This helps in developing the theme because we get the idea that Macbeth does not trust the witches, nor does he fully believe them. Unfortunately his ambitious nature gets the better of him and causes him to listen carefully to how he might acquire his kingship. Macbeth feels guilty that he is thinking about killing the King because he’s basing his entire thought upon belief in the ‘evil creatures’. We see this when Macbeth has a soliloquy in which he says, â€Å"Cannot be ill, cannot be good† and also asks himself why the thought of becoming King makes his â€Å"seated heart† knock against his ribs. Macbeth ‘sees’ a bloody dagger in front of him even before he kills the King; this shows that he feels guilty even before the evil deed. He tries to convince himself and his wife that he should not kill Duncan, and at one stage he orders her not to go any further with the deed. Lady Macbeth... ...cally after Duncan’s murder she is haunted by his blood then she goes crazy and eventually kills herself. All of these contribute to the strong theme of guilt and conscience in Macbeth. In Shakespeare’s Macbeth the theme of guilt and conscience is one of the most prominent in the play. It gives life to the play and gives depth to the characters, it makes Macbeth a much more realistic character because we are shown that he is not perfect and still responds to temptation. The results of committing evil acts have such a powerful effect on the human mind, that it is eventually destroyed by it. Macbeth’s destroyed mind is evident when he states, â€Å"O full of scorpions is my mind dear wife!†. Macbeth and his wife, like all of us must live with our own actions; unfortunately his choices make this impossible and light the way to a tragic and dusty death for the Macbeths.

Recruitment and Army Essay

1.0 Opportunities and dangers to be considered by the Army in externalising the recruitment processes. a. Preston (2012 P.36) shows how the two-way process of recruitment ‘should be as much about the applicant finding out whether the business is right for them as about whether they are deemed acceptable by the business’. c. Having employment opportunities for the soldiers who are being made redundant will allow the knowledge and experience of ex-soldiers to remain forefront of recruitment helping recruiting the right person be more effective. An explanation by Preston (2012, P.36) tells us how if ‘appointees don’t fit then profitability is affected’; this key can show that the benefits of externalization will bring spending cuts by selecting only the right persons increasing retention. d. Being seen as ‘perverse’ is a danger because if the Army gives a bad image of high staff redundancies while spending highly on hiring this could be open to stereotypic views as Preston explains ‘Many people are deterred from entering certain professions because of general stereotypical images which exist in their society or culture’ (2012, P.38). Col Richard Kemp in the case study says how ‘previously using a civilian company was not a success’. This could have a detrimental impact upon future recruits if the civilian company cannot deliver what is expected. It will also have an  impact upon the Army’s image if it doesn’t work out the second time round. 2.0 Methods of selection and their advantages and disadvantages for selecting soldiers. Interviews – Used to understand key facts of the job and recruit for either parties and determine suitability to one another. This method is an opportunity the Army can utilize to lay out main facts of what they have to offer. It’s also a chance for the recruit to decide whether or not they are happy with the opportunities. The advantage to the Army using this method would remove unexpected expectation at an early stage reducing cost from training soldiers who realized it’s not what they thought at a later stage. The disadvantage however would be that interviews are seen as ‘too subjective to the individual and place a ‘cloud’ over an individual’s ability (Preston, 2012 P.43) Tests – Used to measure a person’s ability and aptitude relevant to the job. This Method would allow the Army to see suitability of potentials under set tests giving a further indication on whether the Army is a job the candidate is suitable for before subjecting them to full training further reducing cost at an earlier convenience. Preston (2012) also explains that this can also be a way to reduce inherent subjectivity of the interview method. This method has disadvantages of not being able to incorporate all what the Amy needs to see as some areas of the Army require more subjective tests. This can increase costs if at a later stage the applicant is found unable to cope with certain areas of the job and pulls out. Assessment Centre – Can show the applicant in certain situations relevant to the job. This shows the Army the recruits in a role play scenario or group activity which can indicate the applicant’s ability under a selection of techniques in multiple combinations. This can incorporate a more subjective assessment of the individual so it can be determined further whether the Army can offer a position to the recruit. This would help the Army in selecting those who are of correct skill level generating more quality recruits increasing retention. However the assessment centers only provide the Army with a short insight to certain scenarios as the Army is a specialized area of recruitment the individual cannot be seen faced with all possible problems the recruit may encounter as  a soldier. 3.0 Recommendations for organising induction and socialisation of newly hired soldiers to enhance retention. Induction is whereby a new recruit is welcomed into the organisation through a short term introduction to areas shown by Preston (2012, P45) like what their job description is, what’s expected of them or underlining policies and procedures. Such inductions are critical to the Army as it helps new recruits become accustomed to their surroundings and allows them to adopt the organisational culture and written rules helping them understand what is expected and what is accepted. Typical activities include group welcoming (showing videos), simple team working (to help get to know each other) and tours of the premises (to learn the surroundings). Socialisation is a long term process shown by Preston (2012) to ‘help understand in terms how the newcomer makes sense of the business and their role within it’. This would be of importance to help the Army ensure the recruits are following the correct procedures and polices but also helping to keep track of the recruit’s process ensuring they are settling in and managing well. To help the activities could include meetings to see the recruit’s progression, group socialising to help with settling, appraisals to show they are doing well and promotions to help encourage further progression. To help improve retention and reduce dropouts induction techniques recommended would be having already serving soldiers at a welcome day to have questions asked and stories from first hand experiences. As documented by Harding (2011) in the case study ‘the most effective recruiters were young soldiers who had already served on operations’. This could expel any rumors and help new recruits understand the demands of Army life at an early stage. This technique would also allow the introduction of policies and procedures and what to expect. Using mentoring as a socialising technique would give recruits quantitative information based on their progression into the business and how well they are integrating into the  role. This information can be persuading for new recruits to show them they are on the right track and doing well, resulting in increased momentum and a desire to keep going. As Preston (2012) says ‘socialisation is understanding how the newcomer makes sense of the business and their role within it’. Mentoring through the early stages can keep track of the recruit and provide them with the help and support to succeed in turn, reducing dropouts and increasing quality recruits. References: Harding T. (2011) ‘Army to pay civilian firm  £1bn to recruit new soldiers’ The Telegraph 11 October [Online]. Available at http://www.telegraph.co.uk/news/uknews/defence/8819327/ Army-to-pay-civilian-firm- £1bn-to-recruit-new-soldiers.html (Accessed 1 September 2014). Preston, D (2012), An introduction to human resource management in business, Milton Keynes, The Open University. Prà ©cis: From the tutor group forum discussions I have learnt that there are many views on what people have in the work place. The work place HRM polices and business cultures can be dramatically different from business to business and different people have different views on them and how they incorporate them into their working lives. Activity 2.3 shown how businesses HRM polices and culture can mix well or clash badly as such Pauls Bourne shows how that if people of a work place buy into the ‘norm’ this can sometimes override what the HRM polices state resulting in problems. However that HRM polices should be a state of first call when people need to be reminded what is truly expected of them in the place of work. All the ideas coming together has taught me to think more logically about the place I work and how the business culture is upheld through normal behaviour of people through unwritten rules up to the policies and procedures in place to help maintain a uniformed business. Reference: Bourne P, (2014) ‘Activity 2.3 HRM and Culture’ The Open University 19 November 2014 [Online]. Available at https://learn2.open.ac.uk/mod/forumng/discuss.php?d=1210164 (accessed 25 November 2014).

Marketing Department Essay

Carphone store relies on this functional world as it has a big affect on the business. This division involves advertising, designing and researching crops in parliamentary procedure to identify and meet the c alone for of the customers with the theatrical role of marketing mix which consist of quaternity Ps. The definition of the four Ps is Price, place, crossroad and promotion. Price means setting the live of the product to the standard of meeting the exacts of the customers. Place means identifying the right/ sublime location to promote and sell the product. out(a)put is identifying the types of goods and go to sell. Promotion is how the company will advertise the product. This subdivision also do primary and secondary research to do market Carphone warehouse, primary research know as field research involves acquiring data directly about the product and market either through questionnaires or interviews. Secondary research cognize as desk research involves acquirin g the summary or collection of existing data from the lucre or books. Distribution Department Carphone store delivers products each(prenominal) across Europe.This segment en indisputables that all goods are delivered to the right place on time in the exact look into directly to the customer who has ordered the software system Carphone Warehouse have many slipway in ordering products either from telephone, earnings or at store. They check that the lecture van load are natural rubber and secure and also plan the grow of the vehicle before direct the parcel. When a product is bought from Carphone Warehouse, this department gear ups sure that deliveries equal orders precisely and is sent to the exact cope on time. Oxfam world(prenominal)Oxfam International is known for their outstanding overhaul for the less fortunate, their school is to help feed the poor, shelter the roofless and find solution to poverty and injustice. Their principal(prenominal) purpose is to pro vide goods and helps to the in the public eye(predicate) such as clothes, books, accessories etc at constitute price because they are a non for profit organisation and sometimes watch their products for free, from members of the public. They also provide free renovations as in, helping the poor, cater them, sheltering them and conclusion them with clothes.This is a charity organisation chthonian the voluntary sector owned and devolve by trustees. They are a international organisation with over 13 organisations global in almost every continent, their home plate of organisation is large with over 3,000 partners (volunteers) in more than 100 countries to help them make the business and fight against poverty. Functional Departments In order for Oxfam to achieve an overall cause, Oxfam International has various types of functional areas that play a key role in the succeeder of the organisation e.g. question and break outment, customer services, authorities and human re sources. Without these departments Oxfam would struggle to achieve their goals. Research and development This department consist in researching and innovating new products. The R&D department helps Oxfam International to achieve their overall aim by researching and developing the goods or materials apply to help the poor such as medicine, drugs foods etc to cure the ill/sick passel as well as feeding them and finding them shelter.They also research Areas that need help in order to make an accurate visit and research things that could help find cure for cancer and all other diseases. Customer Service This department is important for Oxfam because this department helps them provide service to the public. They are all about speech customers back and offering excellent service to the customers, helping Oxfam answer customers enquiries, solving their customers problems and dealings with customers complaints.This functional area helps Oxfam deal with customers in the most respectful a nd polite musical mode and provide the beat out of service. Administration The admin department is the most important functional area it is a support function take by the organisation. The Admin department helps Oxfam carry out a wide range of tasks which includes sending and receiving messages by fax, email or telephone, dealing with paper work, monitoring budgets and interviewing new provide.This department is very helpful to Oxfam as it makes sure that all requirements are fulfilled accurately and correctly. Human Resources This functional department helps Oxfam by advertising job vacancies to recruiting new experient employees to help them provide the best services. They nourish staff records and arrange staff cooking to make sure they have the best of staff and encourage continuous headmaster development. Human resources helps the Oxfam have the best of staff in order to help develop and provide the best service to the public.

Law of Tort

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

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

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

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

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

1. 1. 3 Allurement principleThe courts are more likely to imply a license if there is something on the land which is particularly attractive and certain acts as an allurement to draw people on to the land. Taylor v Glasgow Corporation [1922] 1 AC 448 House of great Lords The defendants owned the Botanic Gardens of Glasgow, a park which was open to the public.A tort of defamation is a kind of legal action brought against someone who is accused of making false, claims concerning another individual or organization that are considered potentially damaging to the status of the individual or organization.Held: Glasgow Corporation was liable.Children were entitled to go onto the land. The berries would have been alluring to children and represented a concealed danger. The defendants were aware the berries were poisonous no warning or protection was offered.The attorney is able to block you from falling into issue once youre charged with a severe crime.

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

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

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

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

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

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

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

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

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

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

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

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

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