Reintroduce death penalty Essay

Death penalty is a legal process through which, as a punishment a person is sentenced to death for a criminal offense by the state. Criminal offenses punishable through death penalty are referred to as capital offenses or capital crimes. The death penalty proponents, pro-capital punishment argues that it is an important aspect for deterring crimes, preserving law and order, and is less expensive compared to life imprisonment. They also claim that it is in the honor of the victim to award the death penalty. This is because it ensures the offenders of the heinous offenses do not get another chance to commit such crime again. In addition, the death penalty consoles the victims grieving families. Those opposed to death penalty, abolitionists argue that there is no deterrent effect on crimes, and government wrongly uses it as power to take life. They claim that it is the death penalty is a means to bring about social injustices through targeting people who cannot afford good attorneys, an d people of color disproportionately. They argue that life imprisonment is less expensive and more severe than the death penalty. With all these arguments, we are left to decide on what course to take, assess the pros and cons of capital punishment and decide to support or oppose it. Questions relating to who deserves the death penalty and who does not have been raised by both the advocates of death penalty and those opposed to the death penalty (Zimring 91-93). Should death penalty be introduced? This is the argument of this paper. Capital punishment, in many countries, cultures and societies, throughout the human history has been applied in the justice system; the question that arises is that is it morally acceptable? Is it justified? Both the advocates for death penalty and the opponents of death penalty have valid arguments to back up their reasons. Those for the death penalty argue that the act of capital punishment is a deterrent to crime. However, those against argue that the death penalty is only a life imprisonment and not a deterrent to crime. It is however evident that the deterrence from the perspec tive of capital punishment is about the murderer’s mind involving the existing psychological processes (Haag 70-71). Not everybody deserves the death penalty. However, some people earn capital punishment. A person who breaks into a grocery store and steals bread definitely does not deserve the death penalty. In addition, people who commit murder for self-defense or during moment of  passion. Such people according to me do not deserve death. On the other hand, a serial killer after the lives of innocent people for fun and personal gains deserves capital punishment. I support the proponents of capital punishment. This stance is informed by a number of facts and reasons. Death penalty is a deterrent to crime. Even though the death penalty is irreversible, convicted persons are often given numerous chances to prove their innocence. Capital punishment assures societal safety through elimination of criminals. A life for a life is a sensible and credible assertion. Deterrence is punishing someone to create fear among people for punishment. Capital punishment is a punishment creates fear, especially in the minds of sane persons. Haag (2003) in his article On Deterrence and Death Penalty, people refrain from dangerous and harmful acts because of inchoate, vague, habitual, and most importantly preconscious fear (Haag 72). Everyone fears death, and most criminals would have a second thought if they were aware their own lives would be on the line. There are not so many justifications and evidence of death penalty to effectively deter crime than the usual long term imprisonment. The countries or states with the capital punishment has no lower rates of crime or rates of murder than those countries and states without those laws. On the other hand, the states or countries that campaign against capital punishment have not shown any significant deviation in the rates of murder or crime. The indicates that capital punishment has no defined deterrent impact. Claims that the executions dissuade particular number of murders have been discredited thoroughly by the researches of social sciences. In fact people do commit murder widely in the heat of passion basically under drug or alcohol influence, or because of mental illness, without thinking about the implications of the act. Those murderers who make plans of their murder crimes expect and intend to escape punishment by avoiding getting caught (Haag 70-73). On the other hand, some social research has found that execution has a significant deterrence to incidents of murder. In addition, the implementation of the capital punishment is related to the increased murder incidences, while those against the death penalty argue that the capital punishment is used unfairly against the African Americans, every extra execution prevents murder of 1.5 African Americans. In moratoria, death row, and commuted sentences removals tend to increase murder  incidences. Americans have emerged to support the capital punishment for reasons such as; the existence of minimal justification that suggest unfair treatment of the minorities, and that the death penalty results into a reduction or deterrent to crimes and saves life. Those for capital punishment believe that the death penalty ultimately deter murderers from killing more innocent people. No concrete evidence justifies this assertion. Therefore the supporters suggest that the capital punishment is a basic reminder to the general public that there is no reward for crimes. It gives people a notion that if you engage in killing innocent people then you are forced to pay a quite high price (Zimring 95-96). Abolitionists, opponents of the death penalty argue that there is no need to take the life of a criminal to deter life, and that imprisonment in itself is a deterrent to criminal activities. Zimring (2004) asserts that deterring crime is only possible by frightening the would-be criminals by arrest, conviction, and punishment. However, imprisonment may not be enough for some criminals to stop committing more crimes. A number of criminals such as serial killers believe that they would never be caught and brought to justice. For these kinds of criminals, the death penalty should be warranted to teach others a lesson and instill fear in them. The advocates of anti the death penalty argue that capital punishment is irreversible, and may lead to making irreversible mistakes. I accept this fact because once someone is awarded the death penalty; there is no reverse even if they only failed to prove their innocence (Haag 77-78 ). However, the probability of making a mistake with the death pe nalty is very minimal, extremely low. Capital punishment is very extreme. Therefore, the judicial system exercises it with a lot of care and caution. Because of the various guaranteed rights protection of people facing capital punishment, guilt must be determined by convincing and clear evidence that leaves no room for alternative justification of facts. The right to appeal is also protected for the convicts, and other privileges that ensure only rightly accused persons are awarded the death penalty. According to Haag, whenever life is at stake, trials are often more likely to be fair, and the death penalty is less often inflicted unjustly than others. Therefore, the abolitionists’ argument of making irreversible mistakes is unjustified. People have argued that the death penalty theory is correct since people are deterred from doing crimes by what they fear most,  that people fear death more than any other punishment, that the death penalty is a deterrent to crimes that any other punishment possible, and that the capital punishment is humane enoug h and the law supports it. They also argue that because those sentenced to death normally do much to have the day postponed, it proves that people fear death and therefore will avoid it (Zimring 97). Others have also said that the televised executions are more effective as people exercise more reaction to what they see than that which they imagine. It is hence hard to threaten murderers with something basically invisible, but in their minds, the death penalty is a major deterrent option. These are justifications that the death penalty is effective. The U.S establishment of the death penalty was due to capital crimes and murder. State or congress legislature may recommend the death penalty for capital crimes. According to the Supreme Court ruling, the death penalty does not violate the Eighth Amendment’s ban per se on unusual and cruel punishment. However, the Eighth Amendment shapes certain aspects of procedures regarding where a jury may prescribe the death penalty and the way it must be conducted. Analyses of Eighth Amendment demand courts to consider the evolution of decency standards. This is important in ascertaining that a particular punishment constitutes an unusual or cruel punishment. It is required that when considering evolving decency standards, objective factors that show a change in standards of the community must be observed and independent evaluations made concerning the reliability and/or essence of the statute in question. Although the death penalty is being considered effective in deterring capital crimes, the Supreme Court ruling discredited capital punishment for juvenile offenders. Majority opinion indicated that juveniles are irresponsible and immature. They have incomplete character development and are greatly vulnerable to negative influences. The Supreme Court deduced that adolescent offenders assume reduced accountability for their crimes. However, social science researchers point out that people do commit murder widely in the heat of passion. The reas on for this may be influence from drug or alcohol, mental illness. This renders little or no thought to the consequences of the act. Those murderers who make plans of their murder crimes expect and intend to escape punishment by avoiding getting caught. Therefore, the death penalty may be appropriate in such cases (Zimring 98-101). In conclusion, I support the arguments given  by the proponents of the death penalty, the pro-capital punishment. I think death penalty should be reintroduced. I take this stance because I believe the death penalty serves a definite purpose of deterring crime and bringing criminals to justice, as well as honoring the victims. For capital punishment to rightly serve this purpose, it must be made efficient and more effective. The system of justice has gone through a drastic transformation to ensure only rightly accused persons are brought to justice. I believe the death penalty ensures societal safety, brings criminals to book, brings justice to the victims, and deter crimes and reduce the number of criminals. From these illustrations, I believe capital punishment should not be abolished. Capital punishment is necessary to maintain public safety and keep justice shining in the society. It also cuts down the number of convicts on death row. The death penalty relieves families and friends who lose their loved ones in the merciless hands of criminals. It also solves the problem of overcrowding through a humane action. From this account, the death penalty aids in resolving a number of societal criminal issues. Therefore, I take the stance of the pro-capital punishment: I support the reintroduction of death penalty. Works Cited Haag, Ernest Van Den. On Deterrence and Death Penalty, Reserved reading for Philosophy, 2(3) 2003; 44-78. Zimring, F. E. The Contradictions of American Capital Punishment, New York: Oxford University Press. 2004. Print.

Business Research Methods -Starbucks Essay

Starbucks Coffee Company originated in 1971 as a small coffee house in SeattleWashington. Over the years, Starbucks has grown into a global company offering its exclusive brand coffees in domestic and international markets. Unfortunately in recent years, increased competition and market saturation has caused the company to re-evaluate its business strategies often leading to the closure of many of its stores in many recently expanded areas. This business problem and optional proposal is designed to address the issues Starbucks is facing as a result of the increased competition and market saturation in the coffee industry. Using statistics to remedy the issue, Team C will develop a hypothesis to study using an appropriate sample pool as well as primary and secondary data sources. The outcome of the research will result in a final recommendation related to the problem and the hypothesis that was tested. Subject ProblemIncreased competition and market saturation has caused Starbucks Coffee Company to reevaluate its business strategies in order to eliminate the closure of many of its stores in recentlyexpanded areas. Consumers are feeling the prices in their pocket and are mindful of the next dollar they spend. Dependent and Independent VariablesA recent slump in sales and revenue has forced the coffee powerhouse company Starbucks to close several hundred stored over the last year and upcoming moths. The new sales plummet will be the dependent variable in our research of the independent variables and their effect of the overall sales. When looking at Starbucks many recent events can be attributed to its sales drought such as the huge unemployment which can be defined as our independent variables. The first independent variable to consider is the over saturation of Starbucks’s locations across the country. Each Starbucks location needs a certain amount of profit to stay open, thus several locations will have to resort to closing their doors. With Starbucks popularity early on it opened the door for other competitors such as  McDonald’s to serve a premium roasted ice coffee for a cheaper price. Also with the gas prices being steady and the economy trying to rebuild itself from this financial state it doesn’t seem economically to purchase a $4-$8 cup of coffee when you can get a similar product from McDonald’s or your local convenience store. Populations of InterestsThe two populations of interest that Learning Team C will be focusing on will be the consumers for cold coffee. The cold coffee market has grown with Starbucks being on the higher end and McDonald’s cold coffee being on the lower end of the market. We will show the comparison of these two companies’ consumers and how the overall market has been effective by the economy. Proposed Sources/Resources for Data CollectionFor a primary research source for Starbucks, data can be collected from market surveys,teleconferencing interviews, consumer questionnaires and focus group sessions by directlycontacting customers. Other information can be derived from sampling techniques and statisticalmethodologies which are documented to be 1 percent of the market profitable value. Secondaryresearch sources are in the form of data which has already been collected in preceding researchstudies. Examples include reports, press released articles, and initial market research projectsthat eventually arrive at a conclusion, governmental agency studies, and trade associations. Sampling methods to be used in researching the two hypotheses will be in simple random sampling and cluster sampling. Samples of customers will be asked to take a survey in different regions and areas of the market. The samples will include an assortment of populations including various age, race, career and education levels. Primary and Secondary DataPrimary resource data includes Starbucks’ mission statement that indicates â€Å"Our Commitment to Being a Deeply Responsible Company Contributing positively to our communities and environment is so important to Starbucks that it’s one of the six guiding principles of our mission statement.† (Starbucks, 2008) The effort that Starbucks exudes is a  positive one and working together with each employee helps them to create the above-average approach that they are known for. Analyzing surveys that were generated at the local Starbucks indicated that even though the price of Starbucks has rose in price, consumers are still willing to buy that product, especially when a competitor like McDonald’s sells it, as long as it bears the name Starbucks. The observations that have been analyzed are that Starbucks is known for providing a relaxing experience which can rival those of fast food restaurants. Starbucks has been known to modify their stores to embrace the coffee experience to entice consumers from every walk of life in local communities and throughout the world. â€Å"One of the benefits of combining primary research with secondary research is in the area of data triangulation. Data triangulation is when a piece of data, a finding, or a generalization is able to be verified with several different research methods.† (Driscoll, 2006) For example, when conducting a study on how many college students drink Starbucks coffee, results indicate that â€Å"Coffee drinking appears to be on the rise, and this might not be a fad. The Dallas Morning News recently wrote an article about a specific new trend in cold coffee. In a Sept. 4 article, staff writer Teresa Gubbins says we have a â€Å"love affair with hot coffee.†(Cooper, 2003)In this experiment, of the students interviewed, 57 percent of them reported to be coffee drinkers. Fifty-five percent had not been regular coffee consumers before college, and admitted they picked up the habit once they arrived at SMU. Because college is such a drastic change in atmosphere, schedules, class loads and stress, many students rely upon coffee as a solution to get them through the day. â€Å"I started drinking coffee because I cannot stay awake in class without it,† sophomore Shunta Richardson said. Fifty-nine percent of students said they prefer Starbucks coffee. â€Å"I drink Starbucks coffee because there are so many stores all around the country. No matter where I go I can trust that my favorite drink will be there,† junior Tyler Torres said. â€Å"(Cooper, 2003)Using secondary data sources, it is necessary to look at what kind of future Starbucks is facing. They also need to ask themselves some questions,  such as should they launch new products considering the trend of the health conscious? How will Starbucks market new products and continue to keep the price down? Starbucks must also look at the demographics of the target market to ensure the validity of concern. Starbucks must also research and use forecasting in an effort to predict future revenue. â€Å"Forecasting long-range predictions are essential to allow sufficient time for the procurement, manufacturing, sales, finance, and other departments of a company to develop plans for possible new plants, financing, development of new products, and new methods of assembling.† (Lind, Marchal & Wathen, 2004)Sample SizeStarbucks has become a well-known company for selling the highest quality coffee beans and best tasting coffee products around the world. Starbucks was one of the first companies to realize that the real money to be made was in beverage retailing, not just coffee beans. What makes Starbucks coffee stands out from the other corporations is the roasters of Starbucks coffees are extensively trained for one year before they start the production of the coffee. Starbucks is the only competitor in the coffee market that has a recognized brand image. Starbucks have introduced gourmet flavored decaffeinated coffees as well as specialty flavors and whole bean coffees for their faithful coffee drinkers. Starbucks stores operated in most metropolitan areas of the United States and have a direct mail business to serve customers in every state. One of Starbucks competitors for the premium roast coffee is McDonalds which they offer a similar product for less than the cost of Starbucks. This has posed a problem for a great deal of Starbucks retailers because customers these days are very conscious of their spending habits and figure why pay the cost of Starbucks when they can get the same product from McDonalds for a lesser cost. The sample sizing consisted of a group of 100 which the first group of 50 is Starbucks customers and the other 50 were McDonald customers. Customer surveys are one of the tools that can quantify the process and use of such tools are important to determine the need for a product and changes. The surveys can measure whether or not the marketing plan is effective, or if it needs to be repackaged and delivered in a different fashion. The initial choice of a quick, yet descriptive questionnaire is paramount to  gather needed information. Starbucks and McDonalds need to identify their customers, what are they willing to pay for this product and how do they rate the premium roast coffee. For each customer at Starbucks and McDonalds every 10th customer can complete the survey and receive 10% off their next purchase. Below would be questions that would be included in the survey for Starbucks and McDonalds customers:†¢How often is premium roast coffee purchased? (daily/weekly/monthly)†¢What is your specific age bracket? (under 18/ 18-24/ 25-44/ over 45)  Ã¢â‚¬ ¢Where do you make your purchases? (restaurant/grocery store/mail order)†¢What is the cost that you are willing to pay for premium roast coffee? (less than $2/ $2 – $4/ Over $4)†¢What brand of premium roast coffee do you purchase? (Starbucks/McDonalds/other competitor)As you can see statistics can play an important role when making decisions. A manager at one of these companies can reduce the unexpected, and potentially costly, variances when making business decisions. Starbucks coffee is much expensive than McDonalds but Starbucks puts time and money into their product which ultimately increases the cost. Most consumers are excited about the competition of premium roast coffee such as McDonalds because of the lo w cost yet faithful customers to Starbucks because of the quality. When uncertainty is reduced better conclusions can be drawn that will minimize risk and maximize profit gain. Sample SelectionThe team examined secondary data within this business problem analysis, which can save a firm time and money by using publicly available information as well as information already in the firm’s database. If the company had already conducted research of the best markets within its regions and area of influence, the company would be smart to use this when deciding how to downsize its stores. While using secondary information is cost effective, the use of secondary data must be carefully considered and used only when applicable to the research question. Starbucks will need to gather accurate and reliable secondary information, which can either be sub-contracted out to a firm that specializes in market research or it can form an internal research team to explore opportunities which will start to present themselves as the company begins to downsize. A key concern for the validity of data is the age of the data. All the data is sensitive to the effect of time so any action being taken by the company must account for the  changing nature of the environmental landscape. One questions that Starbucks should ask its internal or external research team is, â€Å"How does the coffee market change once the Starbucks brand is not as strong as it used to be?† Another question would be, â€Å"What types of aftermath will come with coffee saturation in the fast food markets, will customers want quality over quantity?† Starbucks should use accurate, reliable and timely data in its decision-making processes going further. The company would be surprised to see that opportunities will arise even within the decrease of its stores. An example of this type of opportunity occurs when customers get tired of fast food production of coffee, Starbucks can offer extended hours at its current stores to maximize on profits. The team used demographic data within this analysis in which data was collected from Starbucks clientele through various surveys. Although demographic data will change and cultural habits may differ from town to town, the selection of cities with a vibrant coffee drinking base improves the odds of matching consumers that prefer Starbucks premium product line versus that of McDonalds or any other new rival. In an effort to hear from the people who matter the most, Starbucks should look to survey frequent, occasional and without a doubt new customers. When selecting age and gender criteria to survey, the team used careful consideration and attention was paid to all age groups. However, in an effort not to taint the results of this analysis, the team found that typically, pre-teens are neither decision makers, nor do they possess the spending power required for Starbucks products on a continued basis. Therefore, pre-teens were omitted from the sample. Although the teenagers have about the same spending power as pre-teens Starbucks does offer an atmosphere and products in which the company could use in the future as an opportunity. This age group was left in the surveyed population as the team conducted its analysis. Gender was annotated as a means to direct creative marketing and capitalize on the different sexes. Although the research team was efficient in its attempts to give Starbucks the best information available, statistical testing cannot prove the viability of Starbucks’ alternate hypothesis so company executives must weigh the test results using  the wealth of professional experience possessed by the Starbucks’ organization. References Corporate Social Responsibilityhttp://www.starbucks.com/aboutus/csr.aspCraving a caffeine high, SMU opens Java City on campus as coffee houses battle to attract students off the Hilltop, by Melissa Cooper, retrieved on the internet at http://media.www.smudailycampus.com/media/storage/paper949/news/2003/01/16/News/Craving.A.Caffeine.High-2273665.shtmlStarbucks Case Study (2007).

Reflect on Vygotskian Adolescense Assignment Example | Topics and Well Written Essays - 500 words

Reflect on Vygotskian Adolescense - Assignment Example During the age of adolescence, Vygotsky attributed the changes to sexual maturation and other forms of physiological maturation. In this case, sexual maturation refers to the emergence of new stimuli and needs. This refers to the aspects that determine change in a system of interests. Vygotsky also emphasized on the fact that the development of interests is dependent on the content of social-cultural development. There are a number of shortcomings of using this theory. Vygotsky does not outline the reason for the occurrence of the new motives in adolescents. According to Vygotsky, change in motives results from the reconstruction of adolescent sexual desires and needs. This occurs because adolescents have the ability to operate at levels of formal logical thought. However, he does not explain the mechanisms used during the reconstruction (Karpov, 2009). Additionally, the idea of motives contradicts his earlier theoretical notions. This theory can be criticized based on the fact that Vygotsky leans on the mental development of the motives. The second Neo-Vygotsky’s area of research that will be analyzed is idea of development through social interactions. According to Neo-Vygotsky, adolescents learn through their interactions with their environment or society. Their interactions with their environment enable them to learn about moral norms and values. However, the transformation of social consciousness to self-consciousness is not a passive process of adoption. Neo-Vygotsky theorists argue that the components of social consciousness are internalized and mastered through the application of problem solving strategies. In this case, adolescents test their moral norms and values based on their interactions with their peers. These are also based on their ability to internalize mental processes and make small variations to original processes. Social interaction during the period of adolescence

Assignment Example | Topics and Well Written Essays - 1750 words

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Reflection on management Term Paper Example | Topics and Well Written Essays - 1000 words

Reflection on management - Term Paper Example Businesses have significant social responsibilities that are not covered by most introductory business courses. Although businesses have a role of ensuring their sustainability through profitable operations, they also have a role of maintain social sustainability. However, most business courses emphasize on profit-making and efficient operation strategies. The course provides learners with concrete information about sustainable management and its significance in modern day businesses. Ancient human activities involved exploiting resources from their natural forms or primary level of production. In such economies, people were not concerned with sustainability since they lived in a world with abundant resources. The course considers this as the sources current management trend where businesses are concerned with making of profits. Although this trend is considered as the norm, people are beginning to consider the need for sustainable businesses. Thus, the course is established on modern management trends, which are aimed at sustainable business practices. At the end of the topic, I had acquired sufficient background information on management and managerialism. However, the topic does not provide a basis of fundamental theories that led to the formation of the current economic blocks. I was interested in information that explains the role of politics and government in shaping world’s management strategies. The second topic covers the move towards modern economies. Need for mass production is the basic aspect that characterized classic businesses in the mid twentieth century. According to chapter two of Locke and Spender, businesses in this era were characterized by unbound growth. Unbound growth of population and human wants made people to believe in unbound businesses (Hirschey 132). The industrial revolution provided the foundation for the era since it provided the required element of efficiency. The topic also addresses controversies surrounding modern management practices. This approach provides a foundation for strategic management practices covered in the third topic. The chapter also elaborates the role of modern businesses to the society. Corporate social responsibility is a significant element of modern business. The element of corporate social responsibility signifies the main difference between successful and unsuccessful businesses. The topic illustrates this analogy throug h case studies covering major global businesses such as Toyota and IBM. However, the businesses have different perspectives on social responsibilities according to the topic. In addition, the companies have experienced a constant transformation in their attitude towards corporate social responsibility. For instance, Toyota has considerably transformed its management practices in relation to its manufacturing systems and marketing structures. The third topic deals with management as a social science. This topic provides essential information concerning people based management system and the role of human capital in modern economies. The topic links theories of organization culture the goals and objectives of an organization. In addition, the atopic covers recent developments in the fields of management that makes the subject an essential science. Management science is based on logical conclusion that results in the satisfaction of all sectors of a business. The topic also covers the evolution of economic concepts and measures that are used to measure economic progress of a country. Although I managed through most of the

Psych 1010 Essay Example | Topics and Well Written Essays - 1000 words

Psych 1010 - Essay Example This was interesting to me because it laid out pretty clearly exactly how reward pathways work and how a lot of stuff in the brain goes on. The Beyond the Reward Pathway was interesting for the same reason, because it explained how drugs do what they do. Although I have seen plenty of movies or books where the characters are on drugs, and know some of the stereotypes about how people behave, it was really interesting to see the actual chemical reactions and problems that lead to that behavior. Beyond the Reward Pathway was the most educational, especially when coupled with the Mouse Party game. Both of these together taught me exactly how specific drugs cause specific behaviors in people, and the mouse party game really made it come together well by showing the actual behaviors in the mouse you picked. For instance, after playing the mouse game I learned that the reason cocaine makes its users so twitchy is because the drug causes problems in the part of the brain that deals with vol untary movements. I also learned from the Reward Pathway article about the different types of pathway in the brain, such as the Dopamine, Tuberoinfundibular, and Nigrostriatal pathways, among others. Each of these has different purposes and different effects on how the brain operates. Although the mad scientist game and the cerebral commando games were interesting, they each had their drawbacks. The mad scientist game just took too long to start up. There was too much boring information at the start which had nothing to do with anything and I couldn't skip it. The commando game didn't really teach me much, and was kind of difficult to use. The way it flashed was also annoying. The game I enjoyed the most was the mouse party game, again. It wasn't really much of a "game" but I still enjoyed picking the mice based on their actions and then looking at the slides to see exactly how each of their actions was caused. It was also interesting to know why mice are used all the time in resear ch and experiments. For instance, the website says that mice have about 60% of the same genes as a human being, which seems strange. However, this is why they make good test subjects. For research about brain chemistry and drug reactions, mice are even more of a good fit because the brain is built in the same way, and even uses dopamine and other reward pathways in the same way. I learned this from the "Mice are Good Model Organisms to Study Addiction" article. The reason so much of the website talked about Dopamine is that this is how a lot of drugs function. They either, like cocaine, block the dopamine transporters, or interact with the chemical in other ways. Since Dopamine is how our brain registers pleasure, it plays an important role in how we become addicted to things. When we feel good, we remember that and then want to feel good again. So we become addicted because of the way drugs interact with dopamine. Because the website is all about the science of addiction, it is nat ural that it would talk a lot about dopamine more than other parts of the brain's

Perfect Competition and Long-run Equilibrium Term Paper

Perfect Competition and Long-run Equilibrium - Term Paper Example Basically, in a market of perfect competition does not give monopoly to a single company. A single firm or company does not rule over the whole market as many firms are producing the same products. Thus one single firm is not able to determine the prices of products. A market with perfect competition would have many suppliers, producers and consumers because of the different firms involved in such a market. The perfect competition involves many sellers or firms and thus it cannot be found to be very common in this world. In perfect competition it is not difficult for the new firms to enter, thus it is seen that many sellers are involved in this type of competition. The reason for this is that the firms do not have to have a huge capital to enter this competition and they can seek help from many individuals when entering in this sector. Moreover not only is it easy to enter the perfectly competitive market but also it is easy to exit such a market. The transactions which are made in t his type of competition do not cost anything to the buyers or sellers. In such a type of competition, it is aimed that the firms maximize their profits by selling their products where the marginal costs and marginal revenue are in equilibrium. The most important characteristic of such a competition is that the products which are being sold are usually manufactured by many companies thus strong competition is felt in this type of competition. An example of perfect competition is a group of fruit vendors who are selling the same fruits.

First Experiences in College Essay Example | Topics and Well Written Essays - 250 words

First Experiences in College - Essay Example Personal Narrative An example of a common difficulty experienced by students in their first days is solitude when they still lack friends. Students have uneasy times, usually dealing with strangers and possible humiliations that they may face. Cultural diversity among the students who are strangers can cause tension. Racial tensions, for instance, are common among new college students (German 155). Interaction among the students may encourage interpersonal efficacy, betterment of self-confidence and self-awareness (Burks 110). During my first days, I maintained openness and, therefore, managed to make friends. In cases when a student does not have any familiar person studying in the college, he or she may experience isolation (German 156). Isolation may result to other detrimental emotional conditions. Time management without factors compelling students is another issue they find challenging during their first days in college. It is a student’s absolute responsibility to be disciplined to master the essence of proper time management, which is crucial to success in college education. I learnt that responsibility is an invaluable virtue for every college student.

Energy what is Next Essay Example | Topics and Well Written Essays - 2000 words

Energy what is Next - Essay Example For the longest time, non-renewable energy has been the primary source of energy in the world. Consequently, renewable energy has had little popularity and had been side-lined. The primary attribute of non-renewable energy sources is that their availability is finite. These sources rely on materials exhaustible sources, making it impossible to recreate them within reasonable time duration. Such energy sources include wood, coal, and fossil fuels that when consumed, they cannot be restored, hence Tiwari, et al (2012, p. 7) refer to them as conventional energy sources. Additionally, when non-renewable energy is consumed as fuel in cars or manufacturing plants, emissions pollute the atmosphere through greenhouse gases, especially carbon dioxide. In the world pushing towards reduction of national carbon footprint levels and the insufficient renewable energy resources, there exists a push to find more energy requirement solutions in renewable energy. The simplest definition of renewable energy is energy that satisfies current energy needs without jeopardizing similar needs in the future (Chiras, 2006, p. 22). The implication is that renewable energy presents the aspect of sustainability given that natural mechanisms and movements of the earth are responsible for their quick replenishing. The major sources of renewable energy are the sun, water and wind. In the recent past, wind farms, solar cells, and hydroelectric power have successfully provided electricity for domestic, transportation and industrial use. Unlike non-renewable energy, renewable energy has little impact on domestic and regional ecology thereby considered as clean energy. Clean energy contributes to negligible carbon dioxide and greenhouse gases emissions and guarantee unrestricted time duration. With renewable energy, cost effectiveness arises from the

ACCOUNTING AND FINANCIAL MANAGEMENT 3 Essay Example | Topics and Well Written Essays - 2000 words

ACCOUNTING AND FINANCIAL MANAGEMENT 3 - Essay Example Also, ABF Plc. being a low geared capital structured company as Woolworth Plc, it would create the similar circumstances for assets exploitations in both companies. This is so as the basic idea of both companies is to protect their equity holders. The performance of Woolworth Ltd. is analyzed on basis of profitability and rate of return ratios. For the purpose of this analysis Gross Profit ratio, Net profit Ratio, Return on Total Assets (ROA), and Return on Equity (ROE) has been selected. Profit Margin ratios show the relation between profit and sales. Since profit can be measured at different stages, there are several measures of profit margin. The most popular are Gross Profit, and Net Profit ratio. The Rate of Return ratios, that are also performance analyzers, reflect the relationship between profit and investment. The Return on Assets ratio and Return on Equity ratio have used for the purpose so that a perfect performance analysis is made fro Woolworth Ltd. These ratios are calculated in attached annexure. The Gross profit ratio for Woolworth Ltd. has been impressive over the years. It has risen from 24.89% in 2005 to 25.03% in 2006 and finally to 25.32% in 2007. The basic reason for such steadily rise is effective use of operational resources by Woolworth Ltd., keeping pace with increasing turnover during this period. The company’s revenue is $ 42477.1m in 2007 as compared to 37734.2m and 31352.5m in 2006 and 2005 respectively. Normally it is seen that gross margins go down whenever there is a continuous increase in revenue. But Woolworths has maintained its cost of goods sold completely in control to reflect the increasing gross margins. The success shown by Woolworths in gross margins has been effectively repeated in net margins. The company’s net profit ratio was 4.15% in 2005, and that has risen to 4.56% in 2006, and to 4.19%. This is rise is good but the gap between gross profit and net profit is

Costco Wholesale in 2012 Essay Example for Free

Costco Wholesale in 2012 Essay Analysis and Evaluation Since the inception of Costco in 1983, one of its drawbacks is, they have 4,000 selections of merchandise compared to their competitors. In addition, customers can only purchase merchandises in bulk. Consumers who shop at Costco do not have the choice to pick up one single item, for instance a can of soup. Although Costco prices are low and the consumers get more for their money, more consumers are wasting food because they no longer have the big families. Costco needs to look at the demographics and re-evaluate their business model, as this could be detrimental to the company. In today’s society, more families are getting divorce and are becoming single parents. The big families are almost none existent; therefore, most consumers do not need to purchase in bulk. Many consumers want to have choices when it comes to the amount of food they purchase. One may say there are other shopping establishments a consumer may visit to get exactly what they want; however, that is beside the point. Giving consumers the choice to purchase individual merchandise will not only bring in more business but also an increase in cash flow, which will also increase profits for Costco. On the other hand, Costco competitors such as Wal-Mart stocked up 40,000 to 150, 000 items for shoppers to choose from and Sam’s Club have over 16,000 items. Sam’s Club have the treasure-hunt items but tend to be less upscale and carry lower price tags than those of Costco. Both Wal-Mart and Sam’s Club give shoppers more choices than Costco even though Costco offers a cheaper price on their merchandise. Costco spends very little in advertisements and they totally rely on their name and word of mouth by their customers. Compared to Sam’s Club they spent about $50 million annually advertising and direct mail promotions. Furthermore, Costco does not have a Public Relation department, which is not good business practice, even though they have been around for years and they are doing well financially. However, there are many opportunities for one of its competitor to come in take away their market share. Costco does not attract people who are below the poverty line; they cater to the business consumer and urbanites that have an annual income of $100,000; therefore, people who are impoverish cannot afford the membership fees and bulk purchase. In addition, Costco membership fee is more expensive compared to Sam’s Club. Recommendation Costco needs to improve the variety of choices by giving the consumer more than 4,000 items to choose from while their competitors are actually giving customers what they want. Costco needs to take into consideration the economy; people have lost their jobs and the recession, as customers are looking for cheaper prices and ways to saving money. Furthermore, if Costco does not come up with new and innovative strategies to entice low income and single household family to their establishment they are giving their competitors the upper hand. Costco should also focus on the advertisement because number of its rivals is already doing intense advertisement. In today’s global and technological world, many businesses are being aggressive and are taking advantage of investing heavily on the marketing. Costco cannot continue to use the concept of sitting back and waiting for their customers to spread the word by mouth. Costco needs to move in the direction of the 21st century by being more proactive by utilizing technology and a PR department for marketing purposes. It is true that company like Costco are doing good in economic downturn but competitors like Sam’s club is outperforming Costco in pricing which could be biggest threats to the Costco even though Costco keeps relatively branded and qualitative product than that of Sam’s Club The Five Forces Model of Competition Substitutes Strong threat Good substitutes everywhere Price not significantly higher Comparable product features More variety of features Low switching cost Potential new entrants Low threat Small pool entry candidates High barriers to entry Expanding market Attractive profits Buyers Weak bargaining power Some switching cost Large membership base Costco has the best value Suppliers Weak bargaining power Many suppliers Low switching cost Many substitutes exist Large quantities are needed Competing sellers Fierce Competition Costco is on top Quality is slightly better Buyer demand is growing Buyers switching cost is low SWOT Strength| Weakness| Low product and services†¢ Strong brand†¢ Excellent merchandise†¢ Exceptional employees†¢ 54 million members†¢ Economics of scale†¢ Efficiency| James Sinegal is 79†¢ Maintain high wages†¢ 42% higher than Sam’s Club†¢ Comparatively less attractive store layout for luxury items†¢Ã‚  Declining or inconsistent profit margins†¢ Primary focus on business customers rather than individual customers| Opportunities| Threat| Recession- Easier to find bargain luxury-items- Increased popularity of Costco†¢ Expanding foreign markets- Europe- China India †¢ Positive image in terms of employees pay and social responsibility†¢ Increasing brand awareness| Fierce competition†¢Costco cannot attract people who are below poverty line due to its membership fees and bulk purchase†¢High competition from Sam’s Club and BJ†¢Political problems in other countries| References Thomspson, A. A., Peteraf, M. A., Gamble, J. E., Strickland III, A. (2012). Crafting Executing Strategy (19th ed.). New York, New York: McGraw-Hill/Irvin.

Steps to Project Completion

Steps to Project Completion Problem Definition: The current system needs to be analysed to determine why a new system is needed for the current system. The analysist needs to discover what is needed to be added and why it is needed, this needs to be done as the developer will be unable to produce the needed product without this information, or they might develop something that is incompatible with the current system or add features that simply shouldnt be there are not needed. The analyst needs to define specifically what is wrong and what needs to happen, to do this there are several methods: One on One interviews, Mass surveys and simple observation of the current systems. Feasibility Study: Once the analyst is confident that they have discovered the problems and found all they need to know, then they need to determine whether or not it is feasible to actually take action to develop the product or not. Average questions that are asked during this stage are questions about the Cost, the possible Budget, will there be enough Time, does the company have the necessary Skills to develop it, does the company have the necessary Hardware to develop the product, do they have the needed Software to run the product and how much it would cost, will there need to be Training to run the program once made and would it be Technically possible to create. Systems Investigation: Once the management has listened to any alternate solutions that might be provided by the System Analyst and have decided to either commission the new product to be developed, or to make changes to a pre-existing product/system. During this phase, a very detailed investigation will be carried out to understand the current system and the proposed new system. With the current system, the analyst and developers will need to know how staff/ customers interact with it, how other systems interact with the current system, what is good about the current system and what could cause problems with the current system. With the new system, the analyst and developers will need to know what the new system/product needs to be able to do, how it is going to do this, what people want from it and how it should be incorporated into the system. To do this, the analysist would perform Face-to-Face Interviews with potential users of the system to see what they would like, perform obs ervation how users use the current systems to try to create a way to seamlessly integrate the new product into the current system so the users can use it with efficiency. Systems Design:Once the project manager and the client have agreed upon the requirements (Requirements Specifications) is becomes the time to define the project for its last few stages before the project enters development. This phase is called the Design phase, during this phase the project is designed in detail to ensure that the product will meet the users requirements. This involves Project Planning, System Requirements Specifications, the Data Dictionary and the Testing Documentation. Project Planning: This is about handling staff associated with the production of the product: how many are involved, where and when they are needed for the project. It would also include information about what resources they might need: computers, office spaces, soldering kits etc. it would also include the planning tools, which are used in this section such as Gantt Charts, Critical Path Analysis (CPA) and any Project Management Software. System Requirement Specification: This document will contain information such as the capture methods used to gather data for the system, any of the inputted data that goes into the system, any data that is outputted from the system, how the data is processed through the system. In addition, a record of the file structure for the data storage, how the UI (User Interface) is designed, how it interacts with the OS (Operating System) being used and the hardware that is going to be used on the new system. Data Dictionary: This defines Tables, fields, records and relationships, along with the constants, variables and data structures. As well as any validation that is required in the system along with any query structures. Testing Documentation: From the gathered information from the analysts, the developers will know what is expected of the final product; from this, they will be able to develop a Test Plan for the key parts of the product once developed, and more tests can apply later. Requirements Analysis and Specification: In this section, the developers would need to know all of the requirements that is needed in the final product and why. This includes what the final project should be what it should do, how it should do it and a business case stating whether it could be done on a budget with details stating how much it should cost. It also includes whether or not it is recommended to pursue this course of action or if it would be more beneficial to follow another course of action. System Development Testing: During this stage, the main development of the product takes place using the previously acquired information to correctly design the product. Normally, if possible, the project would be separated amongst several people or teams of people to allow for them to each work on parts of the project individually to help speed up the development. Once a functional version of the product is ready, the developers will run the product through a series of tests that have been made in the prior test plan document. By using this Test Plan, the development team can learn what works, what does not and what might need to be done to improve, refine or fix any issues that could be causing problems. System Implementation: This is when the product is implemented into the main system; to do this the developers will have previously designed to work with the main system. This is also when the product is put out for sale and is distributed to the client and other potential buyers or clients. System Maintenance: This continues for the lifetime of the product, any Technical Documentation that has been created previously including anything like the Test Log, Data Dictionary and the Project Planning for technicians to perform maintenance as needed. This will allow technicians to see what components of the product do what and use this to help solve any issues that might arise. Review Evaluation: Once everything is complete the Project manager will review how well the overall development of the product, see where things might have gone wrong or see what was handled better than other parts. From this review they will be able to see how well certain parts of the process and know what needs to be improved.

Role of Weak Attractions in Macromolecular Structure

Role of Weak Attractions in Macromolecular Structure Weak attractions in aqueous system?  Hydrogen bonding in water. Crucial role of weak attractions in macromolecular structure  and function. Muhammad Sanain Javed Group A Water is also known as universal solvent because it is the only solvent which mostly use in almost every reaction. There are many types of weak attractions which are present in aqueous system. The weak attractions which are present in the aqueous system are: Hydrogen Bonding Hydrophobic forces of attractions van der Waals forces of attractions Electrostatic forces of attractions Hydrogen Bonding: First of all we will discuss about hydrogen bonding which is present in the aqueous system. Oxygen is more electronegative element as compared to the hydrogen atom, so in this way we can say that the water is a polar molecule. So that there will be dipole-dipole attractions present between partial positively charged hydrogen atom and partial negatively charged oxygen atom. So that we can say that the hydrogen bonding is something more than that of simple dipole-dipole forces. The oxygen atom has two lone pairs. While on the other hand hydrogen has sufficient partial positive charge. In this way both the hydrogen atoms present in the water molecules produce strong electric field due to its small sizes. So that the other oxygen atoms, may be of other molecules, will get link to the hydrogen atoms by means of coordinate covalent bond, using one of its lone pair of electrons. Thus the loose bond is formed, in the result, which is definitely stronger than that of simple dipole -dipole attractions. Because of the small size of hydrogen atom it can take part in this type of bonding. This bonding acts as a bridge between two electronegative oxygen atoms. So that we can say that the hydrogen bonding is the electrostatic force of attraction between a highly electronegative atom and partial positively charged hydrogen atom. Hydrogen bonding plays very important role in the water. We can say that it is the blessing of Allah. As the molecule of water have tetrahedral structure. Two lone pairs of electrons on oxygen atoms occupy two corners of the tetrahedron. In case of liquid state the molecules of water are extensively bonded with each other but these associations are break, just minute to minute because the mobility of molecules of water. When the temperature of the water decreases up to a limited extent then the ice is formed and the and the molecules of water become more and more regular and the regularity of water molecules extends through-out the whole structure of water. So in this way the empty space are created between in the whole structure. When the water freezes it occupies 9% more space as compared to the original water. So in this way its density decreases and ice floats on the surface of the water. The structure is just like to the structure of diamond because each atom of carbon in diamon d is at the center of tetrahedron just like the atoms of oxygen of water molecule present in the ice. The lower density of ice at the temperature of 0 degree helps the water to float on the surface of water from upward to downward direction. When the water attains the temperature of 4C by the fall of temperature in the surrounding it starts to freezes. As the temperature of the surrounding more falls, the water at its surface become less dense. In this way the water on the surface will freezes and animals underlying he surface of the ice will survive. Hydrophobic Attractions: Another important attraction present in the aqueous system is the hydrophobic attraction which is in fact the self association attraction present in the non polar molecules sometimes the hydrophobic attractions are incorrectly referred as hydrophobic bonds. Hydrophobic forces of attractions can easily be described as the interaction between the water and the hydrophobes. This can be explained as low water soluble molecules so in this way we can say that these are the non polar molecules having long chain carbon atoms and some alkyl groups which do not react with the water molecules. Electrostatic forces of attractions: Electrostatic forces of attractions are also present in the aqueous system. This force of attraction is present between the atoms or molecules having opposite charges. These types of forces are only exist in the aqueous solutions so sometimes these are also known as salt bridge. Salt bridge is referred as the electrostatic forces of attractions which are present between oppositely charged groups present within or between the bio-molecules. The strength of the salt bridge can be compared with the strength of the hydrogen bonding but act over larger distance. In this way they also facilitate the attractions of charged particles with the nucleic acids in aqueous system. Van der Waals forces: Van der Waals forces of attractions are also present in the aqueous system. This type of weak forces arises due to attraction between transient dipoles which are produce by the rapid movement of free electrons present in the atom or a molecule. These forces are much weaker than that of hydrogen bonding but on the other hand they are numerous, van der Waals force of attraction decreases as the sixth power of the distance separating atoms. So that due to this reason and due to weak force the van der Waals forces act over very short distance may be up to 2 to 4 aungstrom. Van der Waals forces contain two components one of them is the attractive forces which are commonly known as London dispersion forces. These attractive forces depend on the polarizability of the molecule or an atom. While on the other hand repulsive forces are also present which are commonly known as steric repulsion. This force of repulsion depends on the size of the atom. The force of attractions dominates almost at the longer distance. It is almost about 0.4 nm to 0.7 nm while on the other hand the repulsion dominates at very shorter distance. Van der Waals forces are very weak force and it can easily be broke. We can also say that this is a universal type of attractive force because it can be generated easily between two molecules which are near to each other due to the rapid movement of their electrons. Crucial role of weak attractions in macromolecules: Weak attractions are crucial to macromolecular structure and functions because all the non covalent interactions such as hydrophobic attractions, ionic attractions and van-der Waals attractions are much weaker than that of the covalent attractions. Hydrophobic attractions are also much weaker than that of covalent attractions although they are highly strengthened by a highly polar solvent while on the other hand the hydrogen bonding may be compare able with the covalent bonding but the hydrogen bonding is always less stronger than that of the covalent bonding. All these four types of bonding such as hydrophobic attractions, ionic attractions, hydrogen bonding and van-der Waals forces of attractions are present in the aqueous system. The combined effect of all these four attractions play very important role in the formation of structure of the macromolecule. For example if we look upon the structure of the proteins, DNA and RNA then we can easily see that these bonding specially hydrogen bonding plays very important role in the formation of structure of the macromolecules. More these weak attractions present in the macromolecule hence the more will be the stability of the macromolecule. This shows the combine effect of the weak attractions in the structure of macromolecule. In case of proteins or even in case of nucleotides all the base pairs are attached with the help of these weak attractions such as hydrogen binding. If we see the attachment of adenine and thymine then we can easily observed that these are combined with each other with t he help of two hydrogen bonds while on the other hand if we observe the attachment of guanine with cytosine then easily observe that these are also combined with the help of three hydrogen bonds. While in case of proteins two polypeptides are also combined with each other by the help of hydrogen bonding but only at specific sites. In case of antigen antibody complex formation hydrogen bonding also plays very important role because antigen binds with the antibody with the help of hydrogen bond formation. Other weak attractions are also present in the macromolecules. In case of the enzyme catalytic reactions, when the substrate binds with the catalytic site of enzyme then the energy produced in this reaction is used the catalysis of the bio molecule. The substrate binds with the active sites of enzyme is also due to the formation of weak forces of attractions in the aqueous system. The binding of hormone or a neurotransmitter with the cellular receptor is also due to these weak forces of attractions. When we see the structure of the protein such as hemoglobin then we can easily see that there are many water molecules which are tightly bounded and they look as the part of that protein. Same is true for the DNA or RNA so that in this way we can see that water it self and there related weak attractions play very important role in the stability of the macromolecule. In this way we can say that the weak forces of attractions plays very important role in the stability of the macromolecules. So we can say that without these weak attractions in aqueous system the stability of the macromolecule must be impossible.

Comparing Fall of the House of Usher, Young Goodman Brown, and Rip Van

Comparing Fall of the House of Usher, Young Goodman Brown, and Rip Van Winkle In the early eighteen hundreds, literature in the Americas started a revolution of style in upcoming authors. Authors started to look towards nature for symbolism and society as a source of sin. The underlined meaning in most of these stories was meant to leave the reader with a new perspective of their personal lives and society as a whole. Three stories that use this particular technique are Nathaniel Hawthorne's "Young Goodman Brown," Edgar Allen Poe's "Fall of the House of Usher," and Washington Irving's "Rip Van Winkle. "Young Goodman Brown", by Nathaniel Hawthorne, is a story of a man named Goodman Brown, who is of strong Puritan belief. Goodman Brown leaves his wife, Faith, to travel into the depths of the woods one dark night led by a stranger. Goodman Brown is led to some secret meeting in the woods, where some of his fellow villagers are present. At this point in the story Goodman brown discovers that he is about to unravel hidden parts of the villagers' lives. "This night it shall be granted to you to know their secret deeds†¦"(946). Goodman Brown feels out of place and worried that his fellow Puritans would have secret hidden sins. The conflict for Goodman Brown comes in his decision whether he should join in the circle of sin and be like the rest of his village or hold true to his beliefs and reject any attempt to be persuaded. The climax of the story comes when Goodman Brown decides to stick by his religion and not to enter the circle of sin even though his wife, Faith, is a part of the sinning group. "Faith! Faith!†¦look up to heaven and resist the wicked one"(947). The denouement of Goodman Brown is tragic in an off beat sense. Goodma... .... These meanings dealt with the different aspects of live and their force of influence. These stories dealt with unexplained mysteries, imagination of characters, and the influence of nature. Each character had a certain conflict to confront or over come and each other their fates in the story explains the author's points of individual and societal problems. Bibliography: Hawthorne, Nathaniel,"Young Goodman Brown." Anthology of American Literautre. Ed. George McMicheal et al 2 vols. 7th ed.New York: Macmillan, 2000. Vol.1. 938-948 Irving,Washingtion."Rip Van Winkle." Anthology of American Literautre. Ed. George McMicheal et al 2 vols. 7th ed.New York: Macmillan, 2000. Vol.1. 619-632 Poe,Edgar Allen."Fall of the House of Usher." Anthology of American Literautre. Ed. George McMicheal et al 2 vols. 7th ed.New York: Macmillan, 2000. Vol.1. 763-777

To Forgive or Not to Forgive Essay -- essays papers

To Forgive or Not to Forgive Debt is a substantial problem facing many countries in the world today. Some of the more economically stable countries are able to pay off their debt through strategic budget planning. However, there are many countries that constantly struggle to solve their debt problems. In response of this issue, the IMF and the World Bank have designed a framework to provide special assistance for heavily indebted poor countries that pursue IMF and World Bank supported adjustment and reform programs. This framework has been called the Heavily Indebted Poor Countries Initiative; it is also known as the HIPC Initiative. In this paper, I will explain the advantages and disadvantages of the HIPC Initiative. My main objective will be to explain why I think it is an appropriate obligation for the IMF and World Bank to make. To do this, I will describe the initiatives of the World Bank and IMF along with the reasons for its creation, its successes and challenges, economic advantages and disadvantages of the debt relief program, and finally some biblical perspective on debt forgiveness. First, it is important to look at what the HIPC Initiative is. The HIPC Initiative is a comprehensive approach to debt reduction for poor countries that requires the participation of all creditors. Its goal is to ensure that no poor country faces a debt burden it cannot manage. Central to the HIPC Initiative is each country’s continued effort toward macroeconomic adjustment and structural and social policy reforms. In addition, the initiative focuses on ensuring additional finance for social sector programs, primarily basic health and education. Following a comprehensive review of the HIPC Initiative, a number of modifications were approved in September 1999 to provide faster, deeper and broader debt relief and strengthen the links between debt relief, poverty reduction and social policies. The Initiative is not a universal remedy. Even if all the external debts of these countries were forgiven, most would still depend on significant levels of concessional external assistance; their receipts of such assistance have been much larger than their debt-service payments for many years. So, why was the HIPC Initiative created? It has been well recognized that the external debt situation for a number of low-income countries, mostly in Africa, has become ex... ...tential to do a lot of good for the economy as a whole. I believe it will help not only developing nations but the developed nations as well. It also has the potential to help reduce poverty in the world as Delechat describes. Also, on a Biblical perspective, I believe it clearly states that we are to forgive the debts of our neighbors. Therefore, this is why I think the HIPC Initiative is an appropriate obligation for the IMF and World Bank to have. Bibliography: Works Cited Cheru, Fantu. (January, 2001). The Highly Indebted Poor Countries (HIPC) Initiative: a human rights assessment of the Poverty Reduction Strategy Papers (PRSP). HIPC: well intentioned but flawed? (2001, October 15). Delechat, C. (2001). 100 Percent Debt Cancellation? A Response from the IMF and the World Bank. (2001, October 15). The Holy Bible – New International Version. Exodus 22: 25-27. Deuteronomy 15:1-11. Leviticus 25: 1-43. (2000, October 12). Forgiving Their Debtors. Wall Street Journal, p. A26. (2000, November 29). The Impact of Debt Reduction under the HIPC Initiative on External Debt Service and Social Expenditures. International Monetary Fund. (2001, October 15).

Teenage Drunk Driving :: Free Essay Writer

"People need to be aware that what happened to me can happen to you. I had never thought about impaired driving as an issue in my youth, it wasn't a debate. Now I know. Life really is about choices." This quote was from Tom Boyle who killed Brian Colgan in a drunk driving accident in 1995. Tom Boyle states that life is about choices. This brings up the issue with Massachusetts wanting to place a "scarlet letter" (mark of shame) on the licenses of convicted drunk drivers. Placing the "scarlet letter" on the licenses of convicted drunk drivers is a senseable consequence. Being a senseable consequence it brings up the old saying "if you do it once you are bound to do it again", many statistics prove there are a great number of drunk drivers, and the "scarlet letter" will reduce the amount of drunk drivers on the road. When I was a child I dropped a rock on my sisters head not knowing any better, but after being disiplined for doing this I decided to go back and do it again. This is accountable for most drunk drivers we have today; like stated above, "if you do it once you will do it again." If someone is an alcoholic they are bound to keep drinking due to the fact it is a daily routine and they need medical help. Having the mark on the license will motivate the alcoholic to get help and give police and pedestrians warning of the individual. "Alcohol is the 2nd most addicting substance in the United States followed by marijuana", posted Time Magazine June 2001 Issue. Being the 2nd most addicting substance, it is hard not to drink and drive. Teenage Drunk Driving.com Statistics prove that on any given weekend evening, one in 10 drivers on America’s roads have been drinking. With this many people on the road drinking, it puts not just his/her life in danger, but puts our lives in danger as well. According to the latest drunkdrivers.com statistics, the prospect of you or someone in your family being involved in an alcohol-related motor vehicle accident is more than just very likely, it is a virtual certainty. In fact, in a family of five, the chance that someone in the family will find themselves in an alcohol-related motor vehicle crash in their lifetime, is an astounding 200 percent. Imagine, a 200 percent chance that you or someone in your family will either cause, or be an innocent victim to, a drunk driving accident.

Motivating Culturally Diverse Workforce in an Organization Essay

Culturally Diverse Workforce in an Organization Muhammad Junaid Murshed Southern New Hampshire University Abstract In this research paper, I will be discussing some of the methods that may be used to effectively motivate a culturally diverse workforce in an organization. At first, I will present a brief introduction to motivation, some of the well-known motivational theories and cultural diversity. Then, I will look into a few reasons for demotivation among the workforce of an organization, followed by some of the distinguished and effective motivational techniques that may be utilized to ascertain and/or deal with the same, citing real-life examples. Finally, I will conclude the paper with a brief summary of the key points discussed in the paper together-with a personal opinion about the effectiveness of the motivational methods discussed above. â€Å"Motivation is defined as the desire to achieve a goal or a certain performance level, leading to goal-directed behavior† (Bauer and Erdogan, 2010, p. 97). As can be seen from the above statement motivation may be directly linked to performance. Although the direct correlation, motivation alone may not be sufficient to elicit the desired result. This is so, as, it (motivation) usually is influenced by factors such as an individual’s ability (p. 97) to perform the task and the resources available (p. 97) to him/her to aid in achieving the objective(s). â€Å"Culture refers to values, beliefs, and customs that exist in a society† (Bauer and Erdogan, 2010, p. 40). â€Å"Diversity refers to the ways in which people are similar or different from each other† (Bauer and Erdogan, 2010, p. 9). The world consists of various different cultures (p. 40) entailing a diverse (p. 29) population base i. e. in terms of age, gender, race, religion, physical abilities etc. Therefore, motivating (p. 97) individuals require understanding their descent first, as, it is most likely to influence the dominant need in their personality. With the passing of time many scientists, philosophers and psychologists have developed various theories to explain and enhance an individual’s motivational level. For the purpose of my research paper, I will be focusing on some of it, namely, Maslow’s hierarchy of needs (p. 00), the ERG theory (p. 101), the two-factor theory, the acquired-needs theory (p. 102) and the self-determination theory to base my comparisons and/or conclusions to cultural diversity. Maslow’s hierarchy of needs â€Å"The theory is based on a simple premise: Human beings have needs that are hierarchically ranked. There are some needs that are basic to all human beings, and in their absence nothing else matters. As we satisfy these basic needs, we start looking to satisfy higher order needs† (Bauer and Erdogan, 2010, p. 99). Physiological needs: â€Å"The need for air, food, and water† (Bauer and Erdogan, 2010, p. 100). Safety needs: â€Å"The need to be free from danger and pain† (Bauer and Erdogan, 2010, p. 100). Social needs: â€Å"The needs of bonding with other human beings, being loved, and forming lasting attachments with them† (Bauer and Erdogan, 2010, p. 100). Esteem needs: â€Å"The desire to be respected by one’s peers, feel important, and be appreciated† (Bauer and Erdogan, 2010, p. 100). Self-actualization need: â€Å"The need to become all you are capable of becoming† (Bauer and Erdogan, 2010, p. 00). ERG theory â€Å"ERG theory, developed by Clayton Alderfer, is a modification of Maslow’s hierarchy of needs. Instead of the five needs that are hierarchically organized, Alderfer proposed that basic human needs maybe grouped under three categories, namely, existence, relatedness, and growth† (Bauer and Erdogan, 2010, p. 101). Existence: â€Å"A need corresponding to Maslow’s physiological and safety needs† (Bauer and Erdogan, 2010, p. 101). Relatedness: â€Å"A need corresponding to Maslow’s social needs† (Bauer and Erdogan, 2010, p. 101). Growth: â€Å"A need referring to Maslow’s esteem and self-actualization† (Bauer and Erdogan, 2010, p. 101). Two-factor theory â€Å"By asking individuals what satisfies them on the job and what dissatisfies them, Herzberg came to the conclusion that aspects of the work environment that satisfy employees are very different from aspects that dissatisfy them† (Bauer and Erdogan, 2010, p. 101). Acquired-needs theory â€Å"According to this theory, individuals acquire three types of needs as a result of their life experiences. These needs are the need for achievement, the need for affiliation, and the need for power. All individuals possess a combination of these needs, and the dominant needs are thought to drive employee behavior† (Bauer and Erdogan, 2010, p. 102). Self-determination theory â€Å"Self-Determination Theory (SDT) represents a broad framework for the study of human motivation and personality. SDT articulates a meta-theory for framing motivational studies, a formal theory that defines intrinsic and varied extrinsic sources of motivation, and a description of the respective roles of intrinsic and types of extrinsic motivation in cognitive and social development and in individual differences†. Bibliography: 1. Bauer T. & Erdogan B. (2010) Demographic Diversity. Organizational Behavior, 29. 2. Bauer T. & Erdogan B. (2010) Cultural Diversity. Organizational Behavior, 40. 3. Bauer T. & Erdogan B. (2010) Theories of Motivation. Organizational Behavior, 97. 4. Bauer T. & Erdogan B. (2010) Theories of Motivation: Need-Based Theories of Motivation. Organizational Behavior, 100-102. 5. Self-Determination Theory: An Approach to Human Motivation & Personality. Retrieved from http://www. selfdeterminationtheory. org/theory

Dehavilland Inc Essay

With the flow rate crosswayion and upcoming product development and contracts up de Havilland Inc. decided that that the seethe shroud and equipment quest door seller arrangements needed to be check overed. With no lusty contracts in place and the involve to review vendors and reduce costs. Creating foresightful termination relationships and quadruple contracts gives the flexibility de Havilland requires.Issue Identification fast Issue Changing vendors for the supply of the undulateping shrouds and equipment bay doors due to the defiantness of Dollard lessen their costs by 25%. de Havilland Inc. believes that their could be significant nest egg in union manufacturing. Some vendors ar working without each contracts and any possible savings they could be losing without having contracts in place. The risks of moving to a invigorated vendor ar the sustainability of the company for the long term and product durability. Is Marton Enterprises going to be able to keep up with product and provide a quality product. longsighted term Vendor relationships de Havilland currently has ii major suppliers for the flap shrouds and equipment bay doors. With no firm contracting or relationships in place. A small base of vendors causes enveloping(prenominal) partnerships. scarce having unrivaled supplier of both products could create problems on the reliability and having one supplier means you rely exclusively on that vendor. De Havilland would be at their lenity if economic and production activities were to come to a halt. Greater ability to renegotiate with the misfortune of not having to search for new vendors. capacious term Contract pricing exist savings on both sides for de Havilland and their customers. Firm, inflexible prices would reduce the need for stag negotiations.environmental and floor Cause Analysis Root Causesshortly Dollard Plastics of Montreal, Quebec supplies them with the flap shrouds. But split for the Series 100 were not cover by any contract that the flap shrouds for the Series 300 A were supplied under a contract that would slip by in 1993. Currently Lakeside Industries establish in Kingston, Ontario supplied all equipment bay doors with no specific contract in place. When Dollard was presented with a request of 25% discount crossways the board for the flap shrouds because de Havilland believes that Dollard is on the senior high school side. Dollard refused, that then was the basis to put it to belligerent sport.Because of the policy that Boeing had employ and a request was made to reduce costs by 25% and the current supplier Dollard was un resulting to lower their costs on the flap shroud. The purchasing process moved to mash a number of bids. Since some vendors stool contracts and opposites slangt de Havilland felt they could conquer cost savings through to a greater extent(prenominal) contracts with more vendors and reduce the need for frequent negotiations. professional personducti on IssueMoving to Marton Enterprises de Havilland doesnt know the grapheme of work they do and if they could keep up with production. With Marton providing all part for the flap shrouds and equipment bay doors the reliability is colossal on ensuring parts are fabricate on time. How is it that Marton can produce the fuss and doors for significantly less than Dollard? Have Marton create a prototype and verify the strong being used. Ensure all tooling is available.Implementing the strategic goal of having several vendors and contracts for long term alliances alleviates the need to go out to bid every year. Relationships are built with the current vendors and competitive pricing is in place. This type of contract is easier to manage and production and pecuniary forecasting is easier to predict.Alternatives and or Options Alternative 1 Keep things as they are for contracts and vendors. Pro We know the quality of work from Dollard and dont need to worry about keeping up with produc tion. Reliable. Con But the unwillingness to cut costs is a concern.Alternative 2 Have numerous contracts with multiple vendors. Pro Having many vendors including Marton to take from gives the flexability de Havilland wants with cost savings, firm pricing and vendor relationships. Huge cost savings compared to the other companies Con Unsure of quality and if they are reliable to keep up with production. Currently Kevlar is being used and the other choices were nickel, graphite and aluminum. These choices had important implications for tool cost and durability.Recommendations I recommend Alternative 2. There are real cost cutting savings with moving to Marton. By leveraging more than one vendor and contract the flexability will be available for suppling the flap shrouds and equipment bay doors. This will have all vendors working under the same policy Boeing has implemented since taking over deHavilland. Create contracts for vendors not under contract right now.

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.