Principles for implementing duty of care in health, social care or children’s and young people’s setting Essay

1.2 All practitioners have a duty of care all the children the setting, this also includes the staff. A duty of care is where a practitioner has to take care of them and not let them get harmed in any way. This will involve the children attention, watching out for hazards and preventing mistakes or accidents. If a practitioner has not met the duty of care required then they can be held accountable for allowing it to happen. The Early Years Foundation Stage (EYFS) is a framework that provides an assurance to cares and parents that the setting that they put their child in will keep them safe and help them thrive. The aim of the EYFS is to help children achieve the five Every Child Matters outcomes which are †¢Staying safe †¢Being healthy †¢Enjoying and achieving †¢Making a positive contribution †¢Achieving economic wellbeing These can be achieved by having quality, consistence and a set of standards which apply to all settings. 2.1 Children are entitled to basic human rights such as food, health care, a safe home and protection from abuse but because children can’t always stand up for themselves they need a special sat of rights to ensure that the adults around them take responsibility for their protection and development. The UN convention on the rights of the child applies to all children under the age of 18 and it spells out the basic human rights children and young people should have. All children have the right to survive, develop and be protected from harm. There can be potential conflicts or dilemmas with professional’s record and share information about a child, the information on a child should only be collected and stored with the parents constant and should have free access to this information on request. The constant will be gained formally with a signature; the only exception is when a child might  be at risk of immediate and significant harm if you share the information with the parent. Safeguarding a child requires practitioners to make difficult judgments. As an early years practitioner your duty is promote the welfare, development and learning of each child sometimes this means raising difficult or sensitive issues with a parent or carer. It is important that the issues are raised in a way that shows concern for the child and not criticising the parent or carer. In general it is important to have a confidential space and a clear focus on the child best interests, the vast number of parents will be supportive even if the first reaction in negative and it is important to involve senior staff in these discussions such as a room senior or the manager. 2.2 Whatever setting you are in, situations may arise where you need to respond to a complaint. People react in different ways to a situation. When responding to a complaint it is important to take into account the other persons point of view and find a solution to the problem. You should aim to deal with the complaint in a constructive manner in order to maintain positive working relationships. There are four positive steps that may help you respond to a complaint keep cool, listen, apologise if necessary and try for a win/win solution. 2.3 The colleagues that you work with should be able to provide additional support and advice about conflicts and dilemmas such as your room senior or settings manager. In addition there are a range of organisation that can provide support and advice for those working with children, young people and their families. These include local education authority, health services, social service department and charities and voluntary organisations. You should always remember to follow your settings guidelines regarding confidentiality and the sharing of information when concerned about the welfare of a child or young person.

Define the Risk Assessment Scope & Risk Criteria

2. 1. Define the risk assessment scope & risk criteria 2. 1. 1. Objective The purpose of this step is to develop the context for the risk assessment and to define risk criteria that will be used for evaluation of well integrity risks. The deliverables from this step are: risk assessment scope; list of risk criteria. 2. 1. 2. Define risk assessment scope The context and scope of this specialist risk assessment should be defined by the more general risk assessment step in Section 2. 5 of [1].The latter should assess risks to the capacity, injectivity and containment of candidate storage sites, where well integrity represents one type of risk to storage containment. This step should involve: defining the goals and objectives of the well integrity risk assessment; defining responsibilities for and within the risk assessment process; defining the specific inclusions and exclusions; defining the risk assessment in terms of time and location; defining the relationship between the risk asses sment process and the overall development of the CO2 geological storage project; defining the risk assessment methodologies; dentifying and specifying the decisions that have to be made prior to milestone M2; 2. 1. 3. Defining risk criteria Risk criteria for evaluating the significance of well integrity risks need to be defined by the project developer. The risk criteria should reflect the objectives and context for the risk assessment. Adequate consideration should be given to the time and resources available, stakeholder views and risk perceptions, and the applicable legal and regulatory requirements. The risk criteria chosen should be continuously reviewed. Prior to specifying risk criteria, the categories for which risks will be evaluated shall be defined.These include: human health and safety; environmental protection; legal and regulatory compliance; cost; project schedule; reputation; well integrity (functional) performance. The following points should be considered when defi ning risk criteria for well integrity assessments: the categories of risk for the CO2 geological storage project established in the ‘screening basis’ step of [1]; the nature and type of causes and consequences that can occur and how they will be measured; how likelihood will be defined (for example qualitatively or as a quantitative probability); the timeframe of interest; ow the level of risk is to be determined; the level at which the risk becomes acceptable or tolerable; whether combinations of multiple risks should be taken into account and, if so, how and which combinations should be considered (for example leakage pathways composed of multiple failures). In order for the risk criteria to be adequate to support a storage site selection decision they should: be suitable for decisions regarding risk reducing measures to levels as low as reasonably practicable; be suitable for communication; e unambiguous in their formulation; not favour any particular concept solutio n explicitly nor implicitly through the way in which risk is expressed. In addition, risk criteria for CO2 leakage rates related to existing wells should be consistent with the overall storage site containment criteria established in Section 2. 1 (‘Screening basis’) of [1]. Note: Temporal, spatial, volumetric and rate limits for CO2 leakage should be finite and quantifiable to allow for effective risk management.

Intellectual Property Rights Essay Example | Topics and Well Written Essays - 1000 words

Intellectual Property Rights - Essay Example More specifically, since this case involves a symbol which would denote a product, it is considered as a copyrighted symbol. To the original creator, the law permits him to decide the terms and conditions of the sale of the property in order to earn financial benefits. He advertises the work and sells nonexclusive rights of his logo to six different entities at 29 dollars a piece. The non-exclusivity of the sale shows that he still owns the logos; he holds the original rights to the logos. B would, therefore, be compelled to agree to the terms fronted by A in order to gain ownbership of the same. In this case, B seeks to do away with the logo created by A, this would still compel the former to agree to the same terms. B creates a logo one year later and sells it to C. However, the logo is has striking semblances to that created by A yet B alludes that it is an independent creation. B sells the logo innocently ignorant of the fact that his logo resembles that created by A one year ear lier. However, the assumption is that A was the original creator of the logo. A legal solution to the issue comes in the form of B seeking to purchase A’s logo. The case presented herein requires clear legal outlines to guide the process of purchase of A’s logos. By extension, it should not be forgotten that B’s logo only showed similarity to A’s creation and that it was not necessarily an act of infringement on a copyright. Besides, there are no legal stipulations which determine similarities of copyright symbols. It is out of B’s own will that he seeks to sort out an apparent similarity in the two logos by buying A’s. ANALYZES 1. Trying to buy the rights from A is the most objective move since B cannot register the same logo which A created a year earlier. This is despite the two logos being not the same. B needs to buy all the exclusive rights from A. This would save B the possible embarrassment from the similarity in the two logos. Howev er, the sale is complex because A had sold some nonexclusive rights to six other clients whom he met on the internet. The other clients might pose a legal challenge. However, if they have not started using the logo, we should look for ways to cancel the licensing agreement with the other six people. Therefore we kindly ask for the licencing agreement so that we can find clasues that could be in favour of B. Also, C will require the exclusive rights of his client, B. 2. C may sue B and they would be justified to take such a move. However, such a move would not be advisable. This is because in spite of the similarity in the two logos, B’s work could be genuinely out of creativity and not from copying A’s work. The alternative would be for C to go with the buy out as B seeks to do. In addition, proving what infringement has occurred when the two logos are compared bears no ground. The only legal proof would be a patent which must have been legally documented. In the absen ce of such, there is no legal test which is admissible in a legal proceeding. B should, therefore, try to prevent a court case. The idea of buying out the logo from A would be the best decision. This might also go well with A who has earned little money from the creation. It is documented that A put up the logo for thirty dollars for a single and an exclusive use. Consequently, B’s offer of one thousand Euros would be a better deal given the previous pays that A had hoped for. 3. D might raise a complaint against C in case it uses the logo without sorting out the issue of similarity.

Auditing Essay Example | Topics and Well Written Essays - 1250 words - 1

Auditing - Essay Example 1 Fixing up the date of the audit report is the other important aspect. The date should not be earlier than the probable last date of collecting all the audit evidences to support the auditor’s opinion or the last day of the field work. AU 530 has mentioned the appropriate date while delivering additional copies of the previous report as demanded by CPA. 2 Here subsequent events refer to the events that have occurred between the balance sheet date and that of the audit report. The process to identify the events that may require changes or disclosures in the financial statement can be presented accordingly. To ensure that the subsequent events have been recognized, the auditor needs to review all the processes that have been established by the management. Careful checking of the minutes of the meeting is also required. The meeting that has been held after the balance sheet date among the shareholders, board of directors and auditors is regarded here. Diminutive observation of the interim financial statement is also required. The other way of determining the subsequent events is to make inquiry of the lawyers who are concerned with litigation and claim. Even management can also be inquired to find out the events occurred after the balance sheet date. The auditor needs to be conscious regarding certain factors; namely development of any risk factor or contingencies, unusual accounting adjustments and the status of the items those are accounted on the basis of the inconclusive data. 3 Even the departments or the components of an entity that have been audited by any another auditor, should also be audited by the principal auditor. The auditor needs to observe the events those have materiality influences on the financial statements to check whether it has been accounted properly in the financial statement. 4 The responsibility of the auditor is to evaluate the appropriateness of the process of using going

Apples directional strategy Essay Example | Topics and Well Written Essays - 250 words

Apples directional strategy - Essay Example In advancing through future markets it’s clear that these aspects will constitute the backbone of Apple’s directional strategy. Within this context of understanding, it’s further necessary for the company to implement leverage as a means of retaining their competitive advantage. Sales of the Apple Macintosh as well as iPod and iTunes technology are such that the company is given access to many new segments of the population. In these regards, it’s necessary for the company to implement their consumer access as permitted in this software as a means of promoting innovative software design and industry leading brand. The following years will be a telling period for Apple in terms of whether they are able to continue this innovate product development after the death of company CEO Jobs, but with the corporation’s significant leverage and brand identity there exists plentiful opportunity for the continuation of the success the company has enjoyed in the previous

Yasunari Kawabatas Masterpiece Yukiguni Research Paper

Yasunari Kawabatas Masterpiece Yukiguni - Research Paper Example After his parents’ untimely deaths, he came to be raised by his maternal grandfather. He lost his grandparents at a young age either and by the time of his teens, was bereft of most of his close relatives. While graduating from the Tokyo Imperial University, Kawabata contributed to the magazine Bungei Shunju, which brought him to the attention of editors and well-known writers of that time, including author Kan Kikuchi. He went on to become one of the founders of Bundei Jidai (or ‘the artistic age’), a publication that became the medium for a new movement in modern Japanese literature. Kawabata also worked for a time as journalist and claimed himself to be deeply moved by World War II, which was apparently one of the greatest influences on his work. Kawabata allegedly committed suicide in 1972 by gassing himself, although this has not been conclusively proven. It is certain however that the early loss of his family and, by his own admission, the horrors of the war , left his work with a tinge of melancholy and sense of insecurity and loss. He was the first of two Japanese Nobel laureates – Oe Kenzaburo being the other – and is perhaps globally, the best-known Japanese writer in contemporary times, although his status in his native country as an author is still widely debated among critics (Miyoshi). Kawabata’s literary style is characterized by its free flowing imagery. He uses surprisingly original and unusual images in his stories that emphasize the poetic quality of his writing. In Yukiguni (Snow Country) for instance, the imagery employed is especially effective and beautiful in telling the emotionally charged love story of the geisha and the dilettante from Tokyo. Masao Miyoshi, in his review of Yasunari Kawabata talks about this ‘dependence of visualization’ as a result of his being essentially a short-story writer. Reiko Tsukimara in ‘A Thematic Study of the Works of Kawabata Yasunari’ ide ntifies ‘ryoshu’ and ‘aishu’ as two primary elements in Kawabata’s work. Ryoshu is described as an ‘intense emotional realization that you have found a home of your soul’ and aishu translates to ‘sorrow’ (Tsukimara 23). According to Tsukimara, these two emotions recur in Kawabata’s writing most persistently. They appear together as the recognition of finding a home for one’s soul or ryoshu is accompanied by a sense of profound sorrow or aishu as well. This paper will seek to explore what previous scholars have already commented on Kawabata’s writing technique and thematic concerns and test them on what has been called his masterpiece by Edward G. Seidensticker, Yukiguni or Snow Country. The paper will also explore if there are departures from his usual style and from what scholars like Tsukimara and Miyoshi assert. And finally, it will attempt to make fresh observations on Kawabata’s style through the study of Snow Country. Snow Country began as a short story that was published in 1935 in a literary journal. It was published serially, with Kawabata reworking later, between 1935 and 1937. A new ending and a collation of seven pre-existing versions appeared in 1937. Kawabata again worked on the story and between 1940 and 1941 the story was again published in journals in two sections. These two sections were merged by Kawabata in 1946, with another piece added in 1947. The book as it stands today was the result of combining nine previous versions, published in 1948 (Seidensticker). This complex and long publication history of the story and the its ‘piecemeal’ nature as Seidensticker calls it in his introduction to Snow Country’s translation reiterates the idea of Kawabata as being primarily a short-story writer. The repeated editing and elaborating of what began as a

Why Death Penalty is Right Research Paper Example | Topics and Well Written Essays - 750 words

Why Death Penalty is Right - Research Paper Example Koch presented a stronger argument than Bruck because of his strong use of logos, ethos, and pathos to support the fairness of death penalty, while Bruck failed to respond to the problem of preventing violent crimes. Furthermore, I argue that death penalty is right because the slight rise in violent crime rates justifies the need for capital punishment and anyone who murders or rapes another person has forsaken his/her right to live in a civilized society. Koch (1985) used sufficient logical appeals, through statistics and reason, to argue that death penalty is morally justifiable, while Bruck did not properly respond to the concern of resolving violent crimes. Koch (1985) used adequate statistics to prove that death penalty is suitable to the U.S. He mentioned that the murder rate increased by â€Å"122 percent between 1963 and 1980,† while the â€Å"murder rate in New York City increased by almost 400 percent†¦Ã¢â‚¬  (Koch, 1985, para.6). The statistics underscored that America is a unique case because of its high violent crime rate that death penalty can decrease. Furthermore, Koch (1985) persuaded the audience through the reason that, without death penalty, more people will die if these killers are out in the streets. By describing that Shaw killed people even before he was executed (para.2), Koch (1985) underlined that punishing Shaw by death penalty surely ended his ability to kill. Without the presence of these mu rderers, lives are spared in the process. Bruck (1985), on the opposite, did not respond on how to stop violent crimes. He mentioned that imprisonment is enough to stop murderers, but how about those who were later on released due to lack of evidence or poor handling of the justice system? Bruck (1985) did not satisfy the audience in finding a proper resolution that can truly end violent crimes for good.

Grounds Maintenance Building Essay Example | Topics and Well Written Essays - 250 words

Grounds Maintenance Building - Essay Example The building integrated photovoltaic is designed for easy integration into the building even after it is built (BIPV). Thus the building integrated photovoltaic could easily be used as the roof for the building besides acting as a mini power source for the same building unit. This would be adequate to meet its essential lighting and also the outside illumination needs. The modules are designed such that they are transparent and part of the natural light could also be easily transferred into the building. Structurally they are crystalline and micro perforated amorphous transparent modules (BIPV). Their ability to be fixed to both tile roof and flat roof could give them an ample scope for demonstration in the college campus. Also, using photovoltaic as the venation blinds is another area that could be explored in our settings. Though the systems demand high level of expertise and planning an excellent demonstration of this technology would help to realize how the past impact caused by the structural elements could be mitigated by saving the environment into future. And thus Ground Maintenance Building would stand as the icon of environmental sustainability in the college campus.

Recruitment Drives Research Paper Example | Topics and Well Written Essays - 750 words

Recruitment Drives - Research Paper Example In the case, an African American, David Dunlap applies for a job with the Tennessee Valley Authority as a boilmaker. A selection committee facilitates the interview at the facilities’ premises. The interview consists of technical and non-technical questions. 70% of the marks are to account for the interview process and the remainder, the applicant’s experience. Dunlap feels that the scores produced in the interview are discriminatory: Dunlap’s attendance record was similar to two white applicants’ records with 4.2 and 5.5, yet he receives a score of 3.7. The plaintiff is David Dunlap who had filed a suit at the District Court against the Tennessee Valley Authority, claiming that he was racially discriminated against, and in violation of Title VII of the Civil Rights Act of 1964. The courts ruled in favor of Dunlap, on the account that he was subjected to disparate treatment, impact and analysis. The District Court in its ruling statement pointed out that Tennessee Valley Authority [TVA] was subjective in its recruitment process and procedures and exacted out racial biasness against Dunlop and other applicants of African Americans descent. The defendant, TVA appealed against the ruling. The US Court of Appeals for the 6th Circuit in this case was tasked with the need to determine whether Dunlop had fulfilled the burden of proof in the case, and if the District Court was right in its ruling. The US Court of Appeals for the 6th Circuit upheld the District Court’s ruling, on the account of sufficient evidence of unfair and discri minatory treatment. Nevertheless, the Court of Appeals reversed the decision of desperate impact that the District Court had upheld. The US Court of Appeals for the 6th Circuit upheld the District Court’s ruling on awards of damages and fees (Patrick, 2003). As is clearly shown by Banner (2003), Dunlap’s disparate impact claim failed because he fell short of proving that TVA’s recruitment practices affected one particular group more severely than another. Discriminatory proof is not required in this kind of situation. On the one hand, even though the District Court agreed and ruled to the effect that TVA’s interviews and recruitment procedures were discriminatory against African Americans, the US Court of Appeal ruled that Dunlop did not adduce statistical proof to show that a group was being negatively impacted, needed for the establishment of a prima facie case.

Health Article Essay Example | Topics and Well Written Essays - 250 words

Health Article - Essay Example Recently in 2011, Normann Stadler, winner of Triathlon underwent a surgery for aortic aneurysm. Cardiac Elctrophysiologist, John Mandrola says that it is only obvious that there is a link between CVD and over exercising since the heart is being constantly inflamed and not being given the time to heal at all. Benjamin Levine, director of the Institute for Exercise and Environmental Medicine in Dallas and professor of medicine at the University of Texas Southwestern Medical Center is of the opinion that moderate levels of exercising lends protection from CVD’s but there is no upper limit to this exercising. Since recent studies find that marathon runners suffer from greater instances of coronary plaque and therefore the myth that running bestows a 100% protection must be debunked. Paul Williams, director of project called the National Runners Health Study studied 2377 runners and walkers and found that in 10 years 526 of them died and 71.5% of the death were from CVD’s. The most important conclusion of William’s study is that even though walking or running daily lend protection to the heart, if the distance of walking exceeded a daily limit of 10.7 km or that of running exceeded 7.1 km the person might suffer from CVD’s in the future. There is more than one example of endurance athletes falling prey to cardiovascular diseases in spite of training on a daily basis. Thus, the article clearly vindicates the statement that more exercise does not necessarily mean greater health and over-dose of daily exercises can potentially increase

Nutrition Company Business Plan Essay Example for Free

Nutrition Company Business Plan Essay Executive summary: Bharat Food Science Nutritionals is a company which is in the market for 30 years and has been providing the highest quality formulations in Nutritional Supplement Industry for both human and animal needs. Main objective is to provide Humans with required nutritional supplements and make them healthier and more productive. It is known that low socio-economics groups just eat enough to survive. Our objective is to include these people to improve their health and make them fit. Our Mission is Nutritious Nation. Our company is committed to providing nutrition to promote maximum fitness and overall better health Our Vision includes in next 10 years is to provide a Healthy India. Helping as many people as we can. â€Å"There should be no selling of a girl due to lack of food.† Our products are so reliable which has lead us to good profits. Now we are developing new strategies to include low socio-economic people. Company summary: Bharat Food Science Nutritionals, for over 30 years our company has provided the highest quality formulations in the Nutritional Supplement Industry for both human and animal needs. We do research, develop, manufacture and distribute a variety of dietary supplements, protein bars, soups, meals, fiber drinks and fortified beverages. Our company has a base of products for the Vitamin/Nutrition, and Pharmaceutical industries. The diverse product line contains many value-added granulations and custom formulations. Baby foods formulated to supplement your babys diet. Our patented, GRAS-designated ingredients are designed for the nutritional supplement, functional food and beverage, cosmetic and animal nutrition market. Our employees are dedicated to an unmatched commitment of quality and service for every product we produce. High level of supervision goes into the production process. Our products provide the most effective dietary supplements to promote maximum fitness and overall better health. WHO recognizes that poverty, social inequality and the lack of education are the root causes of malnutrition and stresses that improvements in human welfare, including nutritional well-being, must be at the center of social and economic development efforts. To help low socio economic groups, we have determined to work together to eliminate hunger and all forms of malnutrition. Main objectives include * Famine and famine-related deaths; * Starvation and nutritional deficiency diseases in communities affected by natural and man-made disasters; * Iodine and vitamin A deficiencies; * Water supply for irrigation. We also pledged to reduce substantially: * Starvation and widespread chronic hunger; * Under nutrition, especially among children, women and the aged; * Other important micronutrient deficiencies, including iron; * Diet-related communicable and non-communicable diseases; * Social and other impediments to optimal breast-feeding; * Inadequate sanitation and poor hygiene, including unsafe drinking water. We took a large portion of our profit to start these programs. Selected volunteers will educate the people about the importance of nutrition and proper food intake. Pregnant ladies are supervised and informed about their special nutrition requirements; we provide free samples of iron, iodine and vitamins for this category of females. Explaining the importance of breast feeding will encourage the children feeding on breast milk to be immune to diseases in a natural way. Saving the rain water is very much important for irrigation. Amartyasen , a well-known Economist who needs no introduction says that â€Å"There is enough food available for everyone but the ability to buy food is lacking† Hence we also want to create opportunities to raise their income. As most of the rural people are based on agriculture, we focus on development of agriculture as well. Teaching villagers the techniques to save rain water and usage of optimal ground water will help them in agricultural purposes. Our company has tie-ups with Agro-seeds Company. They provide high yielding variety of seeds. We will provide these seeds at subsidized rates to the farmers so that they can get high yielding crops and good income. â€Å"JEENA† is the name of the program in which we have included all these activities. Jeena basically focuses on improving the health and fitness of low socio-economic individuals and thereby improving their wellbeing. Customer identification is the primary setup. Since urban people are now being educated and know the importance of nutrition, our products are gaining importance. We market our products to all locations. And especially to doctors, they prescribe the drugs to the required people. But in rural areas and people with low income it is difficult to find customers. Hence by giving our products at subsidized rates will encourage the low income individuals to take nutrition supplements. Creating the awareness about the problems faced because of malnutrition will encourage everyone to consume the nutritious diet. There are many questions which are unaddressed in regard to the approach. They can be potential risks involved in the business. Risks may be categorized as Threats, this can be from political view or catastrophic (e.g. Natural disaster or critical public infrastructure failures) or climate changes. Other risk is it can be vulnerable i.e. chances of undesirable outcome. Though our products are approved by FDA, few people with other diseases may not find it suitable for them, especially animal products. Finding sufficient number of volunteers to go and create awareness is another challenge. To see the Change it takes cost and time as the variables. In places like Ramnad, water lords may restrict our activities. People may not behave as expected and it is difficult to judge their behavior. As per poor economics, low income individuals are not willing to spend more on food even if their salary increases. Such unpredictable human nature may hinder the plan. To mitigate the risk, our risk management system is aiming to address the uncertainty in the market place. They create controls and countermeasures to minimize or eliminate the disruption, loss or damage to business operations and shorten recovery time from unwanted event and thereby reducing its impact on business. Taking the help of surveys and questionnaires will help us to know the loopholes in our process. Educating people will solve most of the unwanted probability of our program being successful. Marketing our products to the remote locations will increase its demand and it will be easily accepted by low socio economic groups. To avoid the side effects, we do preliminary health diagnosis of the person and give the appropriate supplements. Making profit is not our motto but we do have profits. We have huge profits in the commercial business. A big portion of it goes to help the low socio-economic people. Apart from that we follow a scheme in which we made all our customers and people in villages who are being benefitted by us to involve in a scheme under â€Å"Jeena†, in which each person pays a small token of money. All this money is in turn used for their own benefit. People taking nutritious food indicates that they are more tall and healthy who have more production. More productivity leads to higher profits. There are few short-term and long-term plans in our plan. But our program of â€Å"Jeena† will definitely make big difference in near future.

Ethnic literature Essay Example for Free

Ethnic literature Essay The definition of ethnic literature â€Å"is literature like any other, except that it contains ethnic references. † (Reilly p. 2). Another definition of ethnic literature is when there is a literature work that contain religious beliefs, racial issues, linguistics, or cultural heritage. In another word, ethnic literature is the literary work that includes particular culture, beliefs, or linguistics distinction. Postcolonial literary theory draws attention in the issue of cultural difference emerging in the society. One of the issues which may often appear during the class discussion is hybridity. It seems that people who have been faced by the fact that they are living in a ‘hybrid world’ tend to be confused by their real status. They realize for their interest, but they can not avoid the possibility becoming ‘in between’. Although , they are included into one part, the native part, but on the other hand they can not deny the deep feeling to be pleasant considering themselves different with the other. There is a kind of more value they have compared with their surround, and they think it is worthy to be kept. Of course, this feeling comes into their mind by some reasons. There must be an additional value added into their original culture. The additional value may be in the form of a new ideology, belief or view which are brought by the dominating. The dominated rarely conscious with the impact. They usually only feel that it is a natural process which become the impact of daily social interaction they are engaged in. Another issue which emerges in postcolonial discussion is about dominated-dominating one. We can not expect who actually take the role as ‘dominating’ or ‘dominated’. The practice may turn over, the dominated may become the dominating in the same time toward different object, vice versa. We are also introduced by ‘Otherness’ theory. It makes someone consider that she or he are different from the other, and other people is not the same with her or him. Gadis Tangsi tells a story about a girl life, namely Teyi. She is a Javanese girl who grew up in the Javanese tradition. She lives with his parents and sibling in tangsi area. She was taught to become an obedient girl by her mother with many limitations as a girl. She helps her mother to sell fried bananas every day. Teyi finds herself limited by some rules which are considered as the right rules for her mother. She even does not know how ‘love’ or how to be ‘loved’ by a man. She was taught to be a polite woman. She finally finds who she is when she is introduced to Putri Parasi by Ndara Tuan Kapten Sarjubehi who has helped her. That is the beginning of her new experience to recognize a new world, the world that she has never imagined before. Putri Parasi teaches her everything to be ‘a good lady’. Putri Parasi likes Teyi for her politeness. She more likes Teyi after being saved when her disease comes immediately. Putri Parasi expects to teach her how to behave well. She even teaches Teyi to speak Dutch. Teyi starts to be able to read and write. Putri Parasi really wants to prepare her to be taken to Surakarta Keraton and introduced her to a man who will be married with her. She plans to make Teyi deserve to have a husband from Keraton families. In the novel Gadis Tangsi written by Suparto Brata, we can see some unexpected phenomenon occur. It makes me realize that actually there are still many things covered even by what Javanese people considered as ‘budaya adiluhung’. The word ‘politeness’, ‘hospitality’ and ‘dignity’ which come into people mind when they heard about Javanese culture become blur after they read this novel. Javanese woman who is considered as an obedient woman and become a mercy for whom takes her as a wife may be surprised by what Suparto tells about Teyi and Dumilah. He brings them in this novel as representative of Javanese woman character, in different point of view. However, the story about them, for me, is far from the stereotype of common Javanese women (may be just a few). The feeling of ‘in between’ seem to be experienced by Teyi. She starts to know about how the way the higher status people behave since she meets Putri Parasi. Teyi realizes that her life style is quite different from her, and she is glad when she knows that Putri Parasi does not mind introducing this new culture to her. From this intentional interaction, after she is taught how to behave like ‘putri bangsawan’, Teyi starts to consider she has a chance to be the same with them. Even she lives with her parents, she starts to consider that she is better than them. She has been raised from the lower part. She has more power than the people in the house. The very obvious impact of this teaching actually appears when Teyi has been left by Putri Parasi. After she passed away, Teyi become independent from the influence of Putri Parasi. Although, there are still some traces of her teaching inside Teyi which reflect in the way she behaves. She seems take the dominating position over her husband, Sapardal. Sapardal feeling about his lower position when they have been married becomes the cause of the divorce. Only two days of marriage, and Teyi considers that she has a right to sue divorce, while Sapardal can only keep silent without any comment. In this relationship, Sapardal as a man who actually considered as ‘the dominating’ take the role as ‘the dominated’. He does not feel on the same level with Teyi. He admits that he has no power compared to Teyi. He even has no courage to touch her in their first night of marriage. Here, we can see the role between man and woman has shifted. Brata seems to show us that the role of people in the society is like running on the moving wheel. The dominating and dominated are only a symbol of someone position, which also can be shifted based on where we are standing. Sapardal may fail in maintaining his position as superior in front of Teyi. The cultural change also appears in this novel. Sexual intercourse is not considered as a sacral any longer for almost all the women in this novel. During my reading, I wonder if I read Indonesian culture literary work, especially belong to Javanese one. However, Brata wrote the novel using the Indonesian condition in the past, in the colonial occupation. In this situation, it is not easy to determine which one who still hold the original value since the influence of other ideology come into the life in that simple way. The force of a new ideology input is not directly felt in this novel. The indigenous people enjoy the acculturation between the dominated and the dominating. It also happens in the shifting of the way they see sexual intercourse actually is. What we call as a taboo becomes commonly conducted by the people. Teyi is defined as a free woman, even she has been married and becomes a wife of Sapardal, and she breaks the rule by having intercourse with Ndara Tuan Kapten Sarjubehi. It seems that she wants to take a revenge to Dumilah who is considered had cheated her by having romantic affair with her master. Sapardal can not do anything. He has failed to become a good husband. This thinking is from his own side. When we look at this phenomenon, again, Teyi proves that she has had a power over a man from her own society. She starts to have a right to consider a man like Sapardal is not at the same level with her. However, in my opinion it will not happen if Sapardal never has the way of thinking. Actually, he has thought that she is great and different from the other woman in his environment before they are married. That makes he has no courage to touch her at their first night. It also makes Teyi feels not being regarding or respecting as a wife. She thinks that Sapardal has no desire toward her, and she thinks that it is better to ask divorce. What a short way of thinking! I found that Teyi has put a wrong way of thinking about what Putri Parasi had taught to her. It seems that she does not consider marriage as a sacral relationship any longer. ‘Love’ relationship has been considered as a ‘real’ relationship when we have passion to have sex with our couple. Is that so simple? That is the way Teyi think about love basically. It is shown also when she does not mind to have sex with her ex-master, Ndara Tuan Kapten Sarjubehi, and then she starts to love someone else, Ndara Mas Kus. There is no any guilty feeling. Finally, we can conclude that there are three aspect of postcolonial reading for Gadis Tangsi has been discussed above. First, hybridity appears when Teyi finds herself has involved and being a part of Putri Parasi’s society, Keraton environment since she has been able to behave and speak like her, so she considers that she is a part of Putri community. While she has that feeling, she still can not avoid other people consideration about her who is only becoming a servant and will not become like them. Second, dominating feeling toward Sapardal comes into her mind. There is dominating-dominated in shifting model between them. It seems a denial for a man who usually considered as the dominating one, while Teyi proves that it can be shifted. Last, ‘Otherness’ theory also emerges in this novel. After having taught to have attitude and behave like Putri Parasi model, Teyi finally considers herself different with other woman in her society. It appears in the way she treats Dumilah who is her old friend. She thinks that Dumilah has no right to become ‘a munci’ of Ndara Tuan Kapten Sarjubehi because she is not at the same level with her or Ndara. Reference Ashcroft, Bill, et. al. 1946. The Empire Writes Back. London : Routledge Barry, Peter. 1824. Beginning Theory. Manchester : Manchester University Press Brata, Suparto. 2004. Gadis Tangsi. Jakarta : Kompas Reilly, John. 1978. Critical Approaches to Ethnic Literature. London : Oxford University Press

Case Study Of Yellow Auto Company Commerce Essay

Case Study Of Yellow Auto Company Commerce Essay As one of the most well-known car company, Yellow Auto Company was built in 1989 and occupied 54 marketing share in 2008. Why can it develop so fast and increase their share great in less than 20 years? This paper aims to conduct the case study of Yellow Auto Automotive Company, from the perspective of psychology digging the decision making issues in this company. First, a brief introduction of the company is given to let readers know the basic information of Yellow Auto. Then the relevant decision making issues are analyzed combining the theory of psychology in making decision. At last, suggestions on how to maintain long and short comings of Yellow Auto are given and how to improve their decision making in the future is also discussed. introduction of the Company Yellow Auto Automotive Company was built by two brothers, Can and Caner Sale in 1989. As a family company, its shareholders are acted by the owners and the assets came from the two brothers family. Yellow Auto owns two stores in Gaziemir and Cambidi respectively and acts as one of the most well-known car company over the worldwide. Yellow Auto aims at selling famous brands cars in different areas, such as Coca-Cola. They have two options of car market, first of which are high market demand models and second are those cars with special features according to customers needs. Yellow Auto followed the development step and changes of the parent company. All the employees are required to adapt to the developing steps of technologies. The top manager put eyes on three important departments: finance, sales and after-sales services. The sales of Yellow Auto were supervised by a manager and they put a lot of attention on the face-to-face communication to attract customers. In their recruitment, Yellow Auto prefers active and highly-educated young people. Employees are required to ask every detail and not encouraged to make decisions by themselves. Many rules in the company management are unwritten but stored in hearts of the family members. Yellow Auto always cares about the level of customer satisfaction. They figured out several ways to increase customer satisfaction. They made great effort to attract future young customers, and offered sufficient communication with existing customers, such as telephone conversations and sending text message. Analysis on the Relevant Decision Making Issues in the Case 3.1 Relevant Decision Making Issues What kind of issues in the case Since 2001, top managers of Yellow Auto made a risk decision under the background of a serious economic crisis in Turkey. In the whole changing process, top managers made a lot of analysis on the psychology of employees. They even asked external consultants from a university in Turkey for help to assist the policy change process well operated. Therefore, this report is going to conduct the case study of Yellow Auto from the perspective of psychology. What decisions made /how the decisions implemented by the company Yellow Auto used to make several decisions in the whole changing process as the following. First, top managers of Yellow Auto made the important decision, that is, to achieve a goal of having 50% of the market share in the field. It is a high risky decision due to the economic crisis. In order to promise the smooth going of this decision, Yellow Auto decided to ask help from academics in university. Under the guidance of the external consultants, change efforts are put on increasing physical working conditions, distinguishing tasks for managers and employees, designing careers plans for young generations, and right person for the right job principle. Next the implementation of these decisions by the company will be analyzed from the perspective of psychology theory. According to the transactional analysis by Berne (1961), the human psyche consists of three ego states: parent, adult and child. Yellow Auto Company acts as the adult state. They owns strong objective and always are able to evaluate and critique. When implementing the decisions, top managers evaluate the results in time, face the actual effect of the changing process and make enough adjustment to make sure correct changing direction Whats the result After two years changing process under the suggestion from academics, the job satisfaction and organization loyalty of employees in Yellow Auto are enhanced greatly. The following increased profitability of the company is 25% more than the profitability result of 2001. Yellow Auto also extends their sales and added two stores around lzmir. In the future, the owners of Yellow Auto would maintain the good results and continue the investing in human resources. Through the cooperation with a university in lzmir, human resources of Yellow Auto will have a bright future and bring more good results. Evaluations on the Issues and Decisions How important are these issues and possible influences of these issues People are often sort of reluctant in making decisions. Analyzing the psychology of decision making for managers in company is so important that the decisions by owners and top managers would determine where the company is going to. If top managers made the wrong decision, not only huge crisis will be brought to the future of company, but also the morale of employees and loyalty to the company may be affected greatly. There are several psychological approaches for the analysis of decision making, such as psychoanalytic, behaviourist, humanist, neurobiological and cognitive (Lecture 7). In this report, the psychoanalytic approach will be applied on analysing psychology of decision making. Next, the changing strategy of Yellow Auto will be looked into from the psychology of the decision maker. According to Lauent and Kapferer (1985), there are four factors influencing individuals decision making: sense of oneself, perceived risk, social factors and hedonistic factors. These factors are not only suitable for the consumers, but also fitful for decider (Berne, 1964). On the consumer level, if people are willing to buy products from Yellow Auto, they must seek a feeling of satisfaction. All human beings own the potential of hedonistic factors. Good services and products can help consumers obtain superiority and good sense for themselves. Although perceived risk may exist in their mind, face-to-face communication by staff in the company will assist vanishing the risky feeling, such as employees in Yellow Auto. They are required to contact with consumers by phone calls and message, that gives consumers a family feeling and trust the company increasingly. As top managers, the y must be familiar with the psychology of consumers for better management and marketing future. On the other hand, from the perspective of managers in Yellow Auto, they are also decision makers. They made important decision for the company development. Sense of self is crucial for the top managers and shareholders. Based on their experience in the car market, they may be able to sense sensitively where the big fish is. However, 50% of the marketing share is such a huge risk based on the background of economy crisis. A smart manager should be able to put a lot of attention on the perceived risk and conduct some action, such as top managers of Yellow Auto. They asked help from academics in a local university, that is, they used social factors which can be reached to guarantee their company changing process. Those external consultants were professionally good at analysing psychology of employees and provided managers good suggestions to increase the satisfaction and commitment of employees. From the excellent results of Yellow Auto, that is, they had 54% marketing share in 2008, p sychology of employees and managers play crucial rules in the marketing strategy. Strength and weakness of the decisions made in the case Pisharodi and Langley (1990) used to propose a Perceptual Process Model, assisting the analysis on perpetual process in the decision making. That model consists of three parts: selective attention and emotional maker response, perceptual organization and interpretation, and the attitude and behavior. The Perceptual Process Model is going to be used to analyze the strength and weakness of decisions made in this case. First, under environmental stimuli, selective attention and emotional maker response are made (Pisharodi and Langley, 1990). That depends on a lot of factors, such as characteristics of the perceiver, assumptions and anticipation of future events. One strong strength point of Yellow Auto is that their top manager did well in this step. They perceived the right marketing trend and anticipate a bright and feasible goal for the company. Next step is the perceptual organizaiton and interpretation. An important part is the mental process in it. Here the perceivers or managers should do the categorical thinking and perceptual grouping to make sure the feasibility of the assumption and anticipation. Top managers in Yellow Auto did the perceptual organazation and interpretation so that they obtained the results, that is, they cooperated with academics to guarentee the smooth going of the change. It is indeed one strong point in this case. However, each coin has two different sides. There are still some weaknesses for Yellow Auto. Their main point is focused on the psychology of the employees and they aimed to increase the job satisfaction and commitment of employees. Although the good morale and loyalty of employee are important for the company development and culture forming, it is vitally dangerous if all top managers attention is focused on the psychology analysis of employees. They ignored to put more attention on th e marketing wave and flexible future. If marketing would suddenly change, all the previous work could not be efficient anymore. On the other hand, the competitors of Yellow Auto may be aware of this weak point of the company and attack Yellow Auto when the marketing is changing. If Yellow Auto is still paying attention on the psychology of managers and employees, but not to figure out strategies to face the changing market, Yellow Auto would be in big trouble. After these two steps, Yellow Auto come out the attitude and behavior which is the last step of the Perceptual Process Model. Recommendations advices on ways of maintaining advantages and facing challenges ¼Ã¢â‚¬ °and how to improve their decision making in the future From the results of the change in Yellow Auto Company, they indeed did a good job; however, it still has the points to be improved. Here this report is going to give some advices on maintaining the advantages and how to improve their decision making in the future. First, Yellow Auto should continue with their adjustment which maintains the current job satisfaction and commitment of employees. From the experience, increasing morale of employees indeed help people treat the company as their own family, so that they would take 100% effort for working. Also, the recruited personnel for the the right person for the right job should be continued. That saves a lot of time for both managers and employees. From the psychology perspective, this change to some extent increases the morale and loyalty of employees. People can sense the feeling of being valued and nobodys talent would be wasted in some meaningless position. However, there are various sources of perceptual process bias that deserve more attention (Zajonc Nieuwenhuyse, 1964). These perceptual process should be put enough attention by Yellow Auto. They may be able to slow down the development of the company. For example, the attribution error easily leads to the perpetual process bias. All human beings tend to see the favorable point as the future result. Actually that is rather dangerous. If top managers of Yellow Auto were with the attribution error, they would fail to anticipate the actual direction of marketing, so that they may not be able to make the very first decision, that is, a goal of 50% marketing share. Another serious perpetual process bias is recency effect (Broadbent, 1967). Thats why top managers in one company should have long distance insight, and be able to avoid the garble brought by some fancy recency effect. Last but not the least, Yellow Auto should put more attention on the marketing wave and possible change. Although the good morale and loyalty of employee are important for the company development and culture forming, it is vitally dangerous if all top managers attention is focused on the psychology analysis of employees. Then other competitors would seize this opportunities to occupy the good marketing. The huge loss can be hardly saved by psychology. Conclusion This paper aims to study the case of Yellow Auto Automotive Company, from the perspective of psychology to investigate the decision making issues in this company. First, a brief introduction of the company is given to offer the basic information of Yellow Auto. As one of the most well-known car company, Yellow Auto Company was built in 1989 by two brothers and occupied 54% marketing share in 2008. Yellow Auto used to make several important decisions in the whole changing process. This report analyzed the implementation of these decisions by the company from the transactional analysis perspective. Next, the changing strategies of Yellow Auto are looked into from the psychology of the decision maker. And the strength and weakness of the decisions made in this case are analyzed based on the Perceptual Process model. One strong strength point of Yellow Auto is that their top manager did well in perceiving the right marketing trend and anticipating a bright and feasible goal for the compa ny. However, their main point is put on the psychology of the employees and they aimed to increase the job satisfaction and commitment of employees. They ignored to put more attention on the marketing wave and flexible future. If marketing would suddenly change, all the previous work could not be efficient anymore. At last, suggestions on how to maintain long and short comings of Yellow Auto are given and how to improve their decision making in the future is also discussed. Yellow Auto should continue with their adjustment which maintains the current job satisfaction and commitment of employees. And the recruited personnel for the the right person for the right job should be also continued. However, there are various sources of perceptual process bias that deserve more attention, such as attribution error and recency effect. And Yellow Auto should put more attention on the marketing wave and possible change.

Mansfield Park :: essays research papers

Mansfield Park This novel, originally published in 1814, is the first of Jane Austen's novels not to be a revised version of one of her pre-1800 writings. Mansfield Park has sometimes been considered atypical of Jane Austen, as being solemn and moralistic, especially when contrasted with the immediately preceding Pride and Prejudice and the immediately following Emma. Poor Fanny Price is brought up at Mansfield Park with her rich uncle and aunt, where only her cousin Edmund helps her with the difficulties she suffers from the rest of the family, and from her own fearfulness and timidity. When the sophisticated Crawfords (Henry and Mary), visit the Mansfield neighbourhood, the moral sense of each marriageable member of the Mansfield family is tested in various ways, but Fanny emerges more or less unscathed. The well-ordered (if somewhat vacuous) house at Mansfield Park, and its country setting, play an important role in the novel, and are contrasted with the squalour of Fanny's own birth family's home at Portsmouth, and with the decadence of London. Readers have a wide variety of reactions to Mansfield Park-most of which already appear in the Opinions of Mansfield Park collected by Jane Austen herself soon after the novel's publication. Some dislike the character of Fanny as "priggish" (however, it is Edmund who sets the moral tone here), or have no sympathy for her forced inaction (doubtless, those are people who have never lacked confidence, or been without a date on Friday night!). Mansfield Park has also been used to draw connections between the "genteel" rural English society that Jane Austen describes and the outside world, since Fanny's uncle is a slave-owner (with an estate in Antigua in the Caribbean; slavery was not abolished in the British empire until 1833).

Appearance vs Reality Essay -- essays papers

Appearance vs Reality One normally disguises in order to be someone else, whether this be in a costume during Halloween, or as a character in a play or movie. Shakespeare uses the idea of disguise in his ‘Taming of the Shrew’ The minor theme of the play is appearance vs reality. Throughout the drama, things are never really as they seem. Katherine appears to be a real shrew, but it is all a cover-up for the hurt she feels. Bianca appears to be a self-sacrificing angel, but she is really a spoiled young lady who can quickly revert to shrewish behavior. Baptista appears to the outside world as a wonderful father; in truth, he pampers Bianca, totally spoiling her, and treats Katherine badly, depriving her of the loving attention she needs and seeks. Pe...

The Role Of Women As Portrayed In Classical Mythology Essay examples --

  Ã‚  Ã‚  Ã‚  Ã‚  The Greco-Roman society was a very patriarchal society. This is reflected throughout the myths in classical mythology. By looking at the classic mythology we will see that the roles women portrayed are very different than women’s roles in today’s society. Although there are a few similarities to women’s roles in today’s society, their roles are more like those women in the past. We can see this by looking at the attributes of Greco-Roman female gods and looking at the roles women play in the myths. By comparing the roles of women in the myths with women’s roles today we will see that the roles have many differences and few similarities.   Ã‚  Ã‚  Ã‚  Ã‚  The first things we will look at to show women’s roles reflected in Classical mythology are the attributes of the female gods. Of the fourteen main Olympian Deities, only six of them are women. This includes Hera, Hestia, Demeter, Artemis, Athena, and Aphrodite. Of these six I believe Hera, Demeter, and Aphrodite best portray the role of women in Greco Roman society, as reflected in Classical mythology The Olympian Deity who best shows the role of women is portrayed by Greek Mythology is Hera. Hera is the goddess of marriage, childbirth, and consort of Zeus. She stays at home and presides over the family all day while her husband goes around making love with every other beautiful girl in Greece. This indicates that in Greco-Roman society the women would stay at home to watch over their children, clean the house, weave, and make the meals. This could be looked at as being very similar to the roles of women in the early to mid 20th century, but is different than the roles of women in today’s society. Woman in today’s society are no longer expected to stay at home and watch over the house and home. Most women today have jobs and share the housework and cooking with their husbands. In addition, if a woman finds out today that her husband has been sleeping around on her and having children with many other women she can take him for every thing he’s got. Lets just sa y Zeus wouldn’t have that that crown or thunderbolt thrower anymore in today’s society.   Ã‚  Ã‚  Ã‚  Ã‚  Another Olympian Deity who helps show the role of women in Greco-Roman society was Demeter. Demeter is the goddess of grain and fertility. Demeter controls the crops and the making of children. I think that Demeter showed women’s roles as gardeners and the tho... ...rarely choose whom the daughter will marry.   Ã‚  Ã‚  Ã‚  Ã‚  The Greco-Roman society was a very patriarchal society. This is reflected throughout the myths in classical mythology. By looking at the classic mythology we see that women’s roles portrayed in myths are very different than their roles in today’s society. In classic mythology women are thought of as housewives who stay at home and preside over the families. They are expected to do what men say even to the extent of marrying whomever their father chooses. They are always at fault for the world’s problems and are never thought to be equal to men.   Ã‚  Ã‚  Ã‚  Ã‚  Women’s roles in today’s society are far different from this. They are no longer looked upon only to preside over home and family, they are not forced into marriages, and they are not blamed for all the worlds problems. Today’s society is not a patriarchal one. In today’s society women are looked upon as equal to men making it more equalitarian compared to the Greco-Roman society.   Ã‚  Ã‚  Ã‚  Ã‚     Ã‚  Ã‚  Ã‚  Ã‚   Sources Cited Powell, Jennifer. The Women in Myth and in Society. Cambridge, MA: Harvard University Press, 2009. http://hsa.brown.edu/maicar/Biographies.html  Ã‚  Ã‚     Ã‚  Ã‚  Ã‚  Ã‚     Ã‚  Ã‚  Ã‚  Ã‚     Ã‚  Ã‚  Ã‚  Ã‚  

Management and Eastern Hemisphere

1. Since arriving in Singapore, Lancaster has formulated several opinions about the health of the Eastern Hemisphere organization. What are the concerns both now and for the future? ? Lancaster’s concerns now are as below: He found that there was a major disparity in the management style of people here. Some had styles that emphasized employee empowerment. Others were of the old authoritarian school. ; the managers here didn’t seem to be growing or developing; there were some problems with the existing management assessment and development system and it needed to be changed.Managers still were using a MBO-type system that had been replaced in the U. S. some time ago. Lancaster believed strongly in ADP and had seen it change the management and culture of Black & Decker in the U. S. He also knew that 360? Feedback might not be universally embraced because of cultural differences. Now, Lancaster has been faced a difficult decision as to whether he should accept a new perfo rmance appraisal and management development system presented to him by Anita Lim, manager of Human Resources, or introduce a U.S. -designed Appraisal Development Plan (ADP) throughout the Eastern Hemisphere. For the future, Lancaster wanted to change culture and more effectively develop the people, while he thought building managers here had been difficult, for there was a limited supply of truly talented managers available, Lancaster worried about the lack of management strength in his organization. The brutal competition the company was facing throughout the region made him particular sensitive to the need for more and better managers.With Lim’s new hybrid plan, Lancaster began to have concerns about moving forward. On the one hand, he was convinced that ADP could provide significant benefits in terms of management training and development. On the other hand, he knew he would need the human resource staff’s full support if ADP were ever to be successfully implemented . 2. What problems does Lancaster want ADP to address? ? ADP was first introduced in the U. S. in 1992 as a replacement for the company’s Management by Objective (MBO) plan.Under the previous MBO program, superiors would meet individually with each subordinate to discuss the subordinate’s performance and jointly establish clear and comprehensive objectives for the subordinate for the coming year. MBO systems were widely used by Western business during the 1980s, yet, despite their widespread use, not everyone was happy with the results. It didn’t seek input from others in the organization; the boss had to give performance reviews with MBO systems, but in many cases, they wouldn’t have a lot to say.Under the MBO systems, it can be difficult to make the system objective. Lancaster wants ADP to address TWO major problems: One problem is the disparity in the management style of people in the Eastern hemisphere organization, as some had styles that emphasized employee empowerment, others were of the old authoritarian school; the other problem is the lack of growth and development in the organization. 3. What concerns do Asian managers have about ADP?How substantive are these concerns? ? The Asian managers have the concerns about ADP as below: Firstly, Asian people might not willing to open up the way Americans do, for they are likely to say something polite but won’t be critical if they are asked to provide with candid feedback on their boss; Secondly, Asians might not believe in the confidentiality of the ADP system. â€Å" No matter what a boss says about feedback being anonymous, Asians won’t believe him/her.Somehow he or she will find out who said what about whom and there will be negative consequences for that person; Thirdly, a change from MBO to ADP might be too radical. â€Å" Asians will not support radical change of this nature. † Fourthly, the staff. The staff is not going to change because of ADP if thei r boss has been afraid to tell them something negative for five years; besides, the staff cannot understand English, while the ADP is written in English, so the language will become a problem. The substantive concerns come from the culture differences.As in Asian culture, people don’t tend to open up. Growing people and building people are essential, but the Asians will never say that their career’s ambition is to have their boss’s job. As a result, while ADP is designed to build commitment and develop managers, it may backfire; what’s more, people may quite if they are pressed to open up in ways that make them uncomfortable. 4. What action should Lancaster take: wait; go ahead with hybrid or full speed ahead with the US version of ADP? ? Considering the culture differences, in my opinion, Lancaster should go ahead with hybrid. First of ll, the existing MBO-type system has its problems indeed in management and development in Eastern Hemisphere organizatio n, which need to be changed for a high performance, while the Asians might not be adapt to the ADP version because they don’t tend to open up. By moving forward more slowly, ADP could evolve over time. The reasons about that from two sides, one side is that ADP could provide significant benefits in terms of management training and development. On the other hand, it would need the human resource staff’s full support if ADP were ever to be successfully implemented.Interactive change was always less threatening, particularly when the perceived change agent was viewed by so many as an outsider. As he reflected on the input he had received, he had a growing realization that the Eastern Hemisphere was not one culture but many cultures. With the hybrid, a 180? plan, they could do the management training and develop the company without radical change as well, along with the new management assessment and development system, the staff might accept the change as well as a new cul ture gradually, and finally they could make the ADP applied to the Eastern Hemisphere.

How does Samuel present relationship between mother and daughters Essay

Samuel uses different methods to present the family relationship between returns and filles in kinder transport. She uses par aloneel narratives, epoch slips to show the different moods separately beat treats their daughter and vice versa. She excessively uses objects to shows how stiff their relationships are, stage directions and in any case characters much(prenominal) as the ratcatcher to show the relationships between them.Eva starts mutilate by calling her biologic mother mutti which shows that she considers her mother a very reliable, strong and important person in her lifetime. This shows that Eva respect her mother and loves her mother. yet towards the end of caper Eva refers to her mother as that German charwoman. This instantly shows us the audience that Eva does not consider Helga her mother any to a greater extent than and is that a stranger she use to k nowadays. Eva goes kick upstairs than that and proves the point to use the audience that she doesnt c onsider her someone important to flirt with in her life as she isnt sure she had lived her which automatically makes us now that the relationship between Helga and Eva is no more and that it wasnt as strong as they thought as does not conceptualise she is signifi flowerpott.Before Eva leaves for Lon enter she is given a gold watch by her biological mother Helga. This shows that Helga had thought to the highest degree all the different scenarios that could happen to her daughter that she loves and cares active Eva. As Gold is a antiquated metal it is worth a parcel of money and so it is valuable and so Helga giving Eva this watch is a way of telling Eva not to forget about her as she is worth remembering and excessively is a back up intent invade something terrible happens to Eva and she needs money. However when Eva begins to mature and gets into her teenage years she starts to run into the situation she is in better.As a regular teenager always thinks of a way to make mone y Eva looks at the gold watch as a source of money instead of put up of jewellery that should nasty a fold to her as it was given to her by her mother. Eva hence(prenominal) goes on to asking Lil how much dyou think theyre worth this could mean anything as Eva could be referring to the relationship she had with her biological mother Helga and trying to save it by property onto the gold watch and having swear that her mother would let back and then they could restore their relationship and mother anddaughter or this could mean that Eva is tired of holding onto her mother and believes that she is not important to her life resulting to her wanting to selling it.Samuel uses the signifi shagce of their names as a way of show the relationship between Helga and Eva, Evelyn and Faith and also Eva and Evelyn. Before Eva had left for London Helga had hinted to Eva that she can take care of herself without her as she says See. You dont need me. This shows is the audience that Helga wo uld same(p) Eva to take care of herself and be a mother figure to herself if anything bad where to happen. Evelyn quiet Eva that the rat catcher would not come when Eva says hell cut off my wreathe and Evelyn reassures herself by saying hes not coming. This shows us that Helga regard has come true as Evelyn is fetching care of Eva as a mother would take care of their daughter demonstrate that Evelyn might be vulnerable scarcely when it comes to reassuring herself and making everything better she can do that. As Eva had changed her name to Evelyn because she treasured a slope name she has changed into a new person and is no more the young Jewish girl who locomote to Manchester but now she is a English girl who lives in Manchester. Because of this the audience depart no that the relationship between Helga and Eva pass on not work out over again as she is no more Eva.

Law of Tort

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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