Sunflower Incorporated

Sunflower Incorporated is a large distribution company with over 5,000 employees and gross sales over $700 million in 1991. The company purchases and distributes salty snack foods and liquor to independent retail stores throughout the United States and Canada. Salty snack foods include corn chips, potato chips, cheese curls, tortilla chips, and peanuts. The United States and Canada are divided into 22 regions, each with its own central warehouse, salespeople, finance department, and purchasing department. The organization distributes national as well as local brands and packages some items under private labels. The head office encourages each regions to be autonomous because of local tastes and practices. The northeast United States, for example, consumes a greater percentage of Canadian whisky and American bourbon, while the West consumes more light liquors, such as vodka, gin, and rum. Snack foods in the Southwest are often seasoned to reflect Mexican tastes. Early in 1989, Sunflower began using a financial reporting system that compared sales, costs, and profits across regions. Management was surprised to learn that profits varied widely. By 1990, the differences was so great that management decided some standardization was necessary. They believed that highly profitable regions were sometimes using lower-quality items, even seconds, to boost profit margins. The practice could hurt Sunflower’s image. Other regions were facing intense price competition in order to hold market share. National distributors were pushing hard to increase their market share. Frito-Lay, Bordens, Nabisco, Procter & Gamble (Pringles), and Standard Brands (Planter’s peanuts) were pushing hard to increase market share by cutting prices and launching new products. As these problems accumulated, Mr. Steelman, president of Sunflower, decided to create a new position to monitor pricing and purchasing practices. Agnes Albanese was hired from the finance department of a competing organization. Her new title was director of pricing and purchasing, and she reported to the vice president of finance, Mr. Mobley. Steelman and Mobley gave Albanese great freedom in organizing her job and encouraged her to establish whatever rules and procedures were necessary. She was also encouraged to gather information from each region. Each region was notified of her appoinment by an official memo sent to the regional managers. A copy of the memo was posted on each warehouse bulletin board. The announcement was also made in the company newspaper. After 3 weeks on the job, Albanese decided that pricing and purchasing decisions should be standardized across regions. As a first step, she wanted the financial executive in each regions to notify her of any change in local prices of more than 3%. She also decided that all new contracts for local purchases of more than $5,000 should be cleared through her office. Albanese believed that the only way to standardize operations was for each region to notify the home office in advance of any change in prices or purchases. Albanese discussed the proposed policy with Mobley. He agreed, so they submitted a formal proposal to the president and board of directors, who approved the plan. Sunflower was moving into the peak holiday season, so Albanese wanted to implement the new procedures right away. She decided to send an email to the financial and purchasing executives in each region notifying them of the new procedures. The change would be inserted in all policy and procedure manuals thorughout Sunflower within 4 months. Albanese showed a draft of the email to Mobley and invited his comments. Mobley said the Internet was an excellent idea but it was not sufficient. The regions handle hundreds of items and were used to decentralized decision making. Mobley suggested that Albanese ought to visit the regions and discuss purchasing and pricing policies with the executives. Albanese refused, saying that the trips would be expensive and time-consuming. She had so many things to do at headquarters that a trip was impossible. Mobley also suggested waiting to implement the procedures until after the annual company meeting 3 months. Albanese said this would take too long because the procedures would not take effect until after the peak sales season. She believed the procedures were needed now. The email went out the next day. During the next few days, replies came in from most of the regions. The executives were in agreement with the email and said they would be happy to cooperate. Eight weeks later, Albanese had not received notices from any regions about local price or purchase change. Other executives who had visited regional warehouses indicated to her that the regions were busy as usual. Regional executives seemed to be following usual procedures for that time of year. Albanese might analyze what the cause of the ineffective organizationl changes, and she might done differently. Albanese should do something now. From the case above, we now that the cause of the ineffective organization changes are: first, response to changes programs were less enthusiastic. The regional executives was not give their opinions, critics, and participation in developing the programs. Their enthusiastic have showed just in the next few days from the email about the announcement the changes programs was sent. But, there was no enthusiastic in 2 months later. Seconds, the changes program may be agreed by regional executives but were perceived as not in top priority. The regional offices might face the different various problems because of local market characteristics and practices, and they made the priority rank of the problems and other implementations differently. Third, the changes programs seemed to be not well planned. Because the programs built on the Albanese perceptions of the expensiveness and time-consume. Fourth, data gathering was not conducted properly. So, Albanese was not capture the â€Å"real problems† and how to solve it efficiently and instituzionalizing the interventions. Fifth, data analysis was done inappropriately, no follow-up actions were taken to confirm the real problems. The actions wasn’t conducted by accurate data analysis. Sixth, no opportunity was given to regional executives to participate in the change programs. The email procedure was not give the regional executives to build a feedback, and report the implementation problems they faced. Seventh, limited time was avaible to implement the change. Eighth, socialization was done via email only indicated that dominance strategy was implemented, feeding back process was less effective. So, the organization should take change actions building on the cause of the ineffective organizational changes. The Sunflower could be done : 1. Improving the planning process. Sunflower can use the general model of planned change for the Organizational Change and Develoment theory. The four activites in the planning process (entering and contracting, diagnosing, planning and implementing, and evaluating and institutionalizing) can be used to describe how to take changes in Sunflower. 2. Visiting regions to gather (and confirm) the data, offer the changes program, encourage participation, and build commitment. The head office and regional office can discuss together how to plan the changes programs and how well implement it. The commitment for to implement the change continually should be increased. 3. Allocate reasonable time frame for socialization, transition process (process in the organizational change and development when the performance decrease because of the implementation of the changes programs before it result the more effective and increase in the performance), feeding back to improve the changes programs, and provide opportunities to regions executives to speak up, 4. Implement the changes at the (more) appropriate time (not it busy season). It is important to diagnose the best moment for implementation of the changes programs. 5. Actively monitor the implementation and evaluate periodically and accurately. Feedback about intervention’s results provides information about whether the change should be continued, modified, or suspended.

Life of John Milton Essay

Milton continued to write poetry during this period of study: his Arcades and Comus were both commissioned for masques composed for noble patrons, connections of the Egerton family, and performed in 1632 and 1634 respectively. Comus argues for the virtuousness of temperance and chastity. He contributed his pastoral elegy Lycidas to a memorial collection for one of his Cambridge classmates. Drafts of these poems are preserved in Milton’s poetry notebook, known as the Trinity Manuscript because it is now kept at Trinity College, Cambridge. Family Milton and his first wife, Mary Powell (1625–1652) had four children: * Anne (born 7 July 1646) * Mary (born 25 October 1648) * John (16 March 1651 – June 1652) * Deborah (2 May 1652 – ?) Mary Powell died on 5 May 1652 from complications following Deborah’s birth. Milton’s daughters survived to adulthood, but he had always a strained relationship with them. On 12 November 1656, Milton was married again, to Katherine Woodcock. She died on 3 February 1658, less than four months after giving birth to a daughter, Katherine, who also died. Milton married for a third time on 24 February 1662, to Elizabeth Mynshull (1638–1728), the niece of Thomas Mynshull, a wealthy apothecary and philanthropist in Manchester. Despite a 31-year age gap, the marriage seemed happy, according to John Aubrey, and was to last more than 11 years until Milton’s death. (A plaque on the wall of Mynshull’s House in Manchester describes Elizabeth as Milton’s â€Å"3rd and Best wife†.) Two nephews, John Phillips and Edward Phillips, were well known as writers. They were sons of Milton’s sister Anne. John acted as a secretary, and Edward was Milton ’s first biographer. Blindness But in the course of his work for the government, his eyesight had begun to fail, and by 1651 (43) he was completely blind. Death He ended his days in a small house near Bunhill Fields, alone with his wife and a maid. He died in ++1674 (66) without pain or emotion, according to testimony at the time no one in the room noticing his passing. ————————————————- Published poetry Milton is the author of dramas such as Samson Agonistes (1671) as well as lyrical sonnets, of which the finest were in fact inspired the the death of his second wife. Altogether John Milton would write twenty- three sonnets. In a very real sense therefore these can be considered as exceptions. He uses such moments to express his thoughts and feelings on specific events, historical or personal. In his lifetime, moreover, he was mainly known for his political pamphlets. As a poet during the age of Shakespeare, he was born less than a decade after the death of this one. Milton might have been less appealing than such a master of the English language but he was nonetheless destined to become one of the best writers England would ever know. Having sided with the parliamentarians against the monarchists, Milton would begin a political career with responsibilities comparable to that today of an undersecretary of state for foreign affairs. However the restoration of the monarchy in 1660 will mean that he is both fined and imprisoned in the famous still standing today Tower of London. Eventually pardoned, Milton would from then on lead a rather retired life devoted entirely to writing until his death in 1674. Milton’s poetry was slow to see the light of day, at least under his name. His first published poem was On Shakespear (1630), anonymously included in the Second Folio edition of Shakespeare. In the midst of the excitement attending the possibility of establishing a new English government, Milton collected his work in 1645 Poems. The anonymous edition of Comus was published in 1637, and the publication of Lycidas in 1638 in Justa Edouardo King Naufrago was signed J. M. Otherwise the 1645 collection was the only poetry of his to see print, until Paradise Lost appeared in 1667. Paradise Lost Main article: Paradise Lost Milton’s magnum opus, the blank-verse epic poem Paradise Lost, was composed by the blind and impoverished Milton from 1658 to 1664 (first edition) with small but significant revisions published in 1674 (second edition). As a blind poet, Milton dictated his verse to a series of aides in his employ. It reflects his personal despair at the failure of the Revolution, yet affirms an ultimate optimism in human potential. Milton encoded many references to his unyielding support for the â€Å"Good Old Cause†.[31] Milton followed up Paradise Lost with its sequel, Paradise Regained, published alongside the tragedy Samson Agonistes, in 1671. Both these works also resonate with Milton’s post-Restoration political situation. Just before his death in 1674, Milton supervised a second edition of Paradise Lost, accompanied by an explanation of â€Å"why the poem rhymes not† and prefatory verses by Marvell. Milton republished his 1645 Poems in 1673, as well a collection of his letters and the Latin prolusions from his Cambridge days. A 1668 edition of Paradise Lost, reported to have been Milton’s personal copy, is now housed in the archives of theUniversity of Western Ontario. Paradise Lost is an epic poem in blank verse by the 17th-century English poet John Milton. It was originally published in 1667 in ten books, with a total of over ten thousand individual lines of verse. A second edition followed in 1674, changed into twelve books (in the manner of the division of Virgil’s Aeneid) with minor revisions throughout and a note on the versification.[1] The poem concerns the Biblical story of the Fall of Man: the temptation of Adam and Eveby the fallen angel Satan and their expulsion from the Garden of Eden. Milton’s purpose, stated in Book I, is to â€Å"justify the ways of God to men†.[2] Paradise Lost is widely considered one of the greatest literary works in the English language.[3] The poem begins strong as follows: Of Man’s first disobedience, and the fruit of that forbidden tree, whose mortal taste brought death into the world, and all our woe (with loss of Eden, till one greater Man restore us, and regain the blissful seat) Some of the famous verses from Paradise Lost include: The mind is its own place, and in itself Can make a heav’n of hell, a hell of heav’n. The context of this passage is that of Satan not yet really considering revenge. At that point he is instead deciding to make the most of the situation. This is confirmed only a few lines later when he makes the very famous utterance: Better to reign in hell, than serve in heav’n. The following quote is from a point in the work when God is talking with his son and angels about the fact that since angels and man were given free will, it would have been meant changing their nature to have intervened and prevented their sin: The first sort by their own suggestions fell, Self-tempted, self-depraved: man falls deceived By the other first: man therefore shall find grace, The other none Finally, let us consider the following quote where Milton tells us about Eve having been deceived: Greedily she engorged without restraint, And knew not eating death; It interesting to note that even though Paradise Lost was to become considered as a major influential work, it did not meet immediate success when it was first published in 1667. It was not until 1688, a little over ten years after Milton’s death that the poem would start to be widely recognized. Perhaps such late recognition has partly to do with the fact that by the time of his death Milton was not only broke, but he had been alienated out of intellectual life in his own country. In 1670 he would publish his controversial The History of Britain, and in 1671 Paradise Regained, dealing with the temptation of Christ. Milton would die in London on November 8 1674. The same year would appear the second edition of Paradise Lost. ————————————————- Characters Satan Satan is the first major character introduced in the poem. Formerly the most beautiful of all angels in Heaven, he’s a tragic figure who describes himself with the now-famous quote â€Å"Better to reign in Hell than to serve in Heaven.† He is introduced to Hell after he leads a failed rebellion to wrestle control of Heaven from God. Satan’s desire to rebel against his creator stems from his unwillingness to be subjugated by God and his Son, claiming that angels are â€Å"self-begot, self-raised†,[4] thereby denying God’s authority over them as their creator. Adam Adam is the first human created by God. Though initially alone, Adam demands a mate from God. Considered God’s prized creation, Adam, along with his wife, rules over all the creatures of the world and reside in the Garden of Eden. He is more intelligent and curious about external ideas than Eve. He is completely infatuated with Eve, which while pure in and of itself, eventually contributes to his reasons for joining Eve in disobedience to God. Eve Eve is the second human created by God, taken from one of Adam’s ribs and shaped into a female form of Adam. In her innocence, she is the model of a good wife, graceful and submissive to Adam. Though happy, she longs for knowledge and, more specifically, self-knowledge. Her first act in existence is to turn away from Adam and look at and ponder her own reflection. Eve is extremely beautiful and thoroughly in love with Adam, though may feel suffocated by his constant presence. One day, she convinces Adam that it would be good for them to split up and work different parts of the Garden. In her solitude, she is tempted by Satan to sin against God. Adam shortly follows along with her. The Son of God The Son of God is the spirit that will become Jesus Christ, though he is never named explicitly, since he has not yet entered human form. The Son of God shares total union with God, and indeed is understood to be a person of the Godhead, along with the Father and the Spirit. He is the ultimate hero of the epic and infinitely powerful, singlehandedly defeating Satan and his followers when they violently rebel against God and driving them into Hell. The Son of God tells Adam and Eve about God’s judgment after their sin. However, he sacrificially volunteers to eventually journey to the World, become a man himself, and redeem the Fall of Man through his own death and resurrection. In the final scene, a vision of Salvation through the Son of God is revealed to Adam by Michael. Still, the name, Jesus of Nazareth, and the details of Jesus’ story are not depicted in the poem.[7] God the Father God the Father is the creator of Heaven, Hell, the World, and of everyone and everything there is. He desires glory and praise from all his creations. He is an all-powerful, all-knowing, infinitely good being who cannot be overthrown by even the great army of angels Satan incites against him. The poem begins with the purpose of justifying the ways of God to men, so God often converses with the Son of God concerning his plans and reveals his motives regarding his actions. The poem portrays God’s process of creation in the way that Milton believed it was done, that God created Heaven, Earth, Hell, and all the creatures that inhabit these separate planes from part of Himself, not out of nothing.[8] Thus, according to Milton, the ultimate authority of God derives from his being the â€Å"author† of creation. Satan tries to justify his rebellion by denying this aspect of God and claiming self-creation, but he admits to himself this is not the case, and that God â€Å"deserv ed no such return/ From me, whom He created what I was.†[9][10] Raphael Raphael is an angel who is sent by God to warn Adam about Satan’s infiltration of Eden and to warn him that Satan is going to try to curse Adam and Eve. He also has a lengthy discussion with the curious Adam regarding creation and events which transpired in Heaven. Michael Michael is a mighty archangel who fought for God in the Angelic War. In the first battle, he wounds Satan terribly with a powerful sword that God designed to even cut through the substance of angels. After Adam and Eve disobey God by eating from the Tree of Knowledge, God sends the angel Michael to visit Adam and Eve. His duty is to escort Adam and Eve out of Paradise. But before this happens, Michael shows Adam visions of the future which cover an outline of the Bible, from the story of Cain and Abel in Genesis, up through the story of Jesus Christ in the New Testament. Interpretation and criticism The Creation of Man, engraving from the 1688 edition, by John Baptist Medina The writer and critic Samuel Johnson wrote that Paradise Lost shows off â€Å"[Milton’s] peculiar power to astonish† and that â€Å"[Milton] seems to have been well acquainted with his own genius, and to know what it was that Nature had bestowed upon him more bountifully than upon others: the power of displaying the vast, illuminating the splendid, enforcing the awful, darkening the gloomy, and aggravating the dreadful.†

A porters 5 forces analysis of Shinetech (Chinese IT Outsourcing Essay

A porters 5 forces analysis of Shinetech (Chinese IT Outsourcing company) - Essay Example Rivalry is an inevitable phenomenon in the business environment. Firms operate in a competitive environment, all of them aiming at capturing a sizeable market share that adequately maximizes revenue generation and profitability (Porter, 1979, p.5-8). Shinetech Company is a key global IT industry mover. To counter rivalry issues, the company employs agile thinking in its operations and further undertakes quality assurance in a bid to maintain a competitive advantage over its rivals. The IT industry unlike other industries does not face strict barriers to entry. In major and highly expensive product and service offering situations however, significant entry barriers are experienced. New entrants into the industry reduce marker share ratios and further reduce revenue generation and profitability for other firms. Entry of new firms or establishment of new divisions by existing firms poses survival threats for some firms, while it creates high benefits for others. To remain competitive in this environment, Shinetech Company has developed an in-house programme for its clients, reduced time to the market and adopted greater flexibility in business (O’Shaughnessy, 2006, p.13-17). As a result, the company maintains its market share and continues to capture more even with entry threats. The company enjoys a diversified product and service portfolio for its customers. New business entities keep coming up, a scenario that Shinetech is concerned about. It is understood that customers are rational, and they therefore seek to maximize their utility at the minimum cost possible. This means that they prefer low costs but high product and service quality. Firms on the other seek to sell as much as they can and at the maximum price possible. Shinetech Company is result-oriented, and therefore has a competitive advantage over rival companies. The company’s clientele is primarily global enterprises that demand software

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The effect of culture in International Marketing - Essay Example It is known that culture has a profound influence on peoples’ lifestyles, their preferences & tastes; this is important knowledge for marketing managers as tastes greatly affect purchasing behavior and trends. In addition, the nation’s attitude toward culture would impact on consumers’ behaviour, consumers’ lifestyle and beliefs. Therefore the power of culture causes consumption lifestyle among society. Hofstede and Trompenaars indicated that there is a level of cultural influence to purchasing around most of the countries, and an understanding of consumption practices can be made if the key attributes cultural influences are well known. As mentioned above, internationalization is closely associated with the standards of products, and this is in turn associated with proper coordination and execution of functions in the firm’s quality departments. The internationalization process of organizations is demonstrated by universal exchange theories. Considerations for internationalization are divided into two categories i.e. macroeconomic and microeconomic theories. (Dierkes 1999). Microeconomic scholars like Levitt, Ohmae, Howl, and Vernon have studied and written a lot on what inspires many organizations to strive so that they can achieve international recognition in terms of product ranges and market presence. The answer to internationalization practice by many firms is found in macroeconomic theories. The theories are concerned with and consider mostly on what factors and considerations inform many firms’ decisions to go international. The international product life cycle (IPLC) theories from Raymond Vernon (1966) explain the distribution methodology of companies’ expansion across national boundaries. The theory shows that many product lines are in the first place produced and processed in certain nations with the target of being sold on the international market. It very well and

Change in management (skill building) Essay Example | Topics and Well Written Essays - 500 words

Change in management (skill building) - Essay Example In this way, supervisors would also support our decision. For the purpose, we contacted the supervisors of the department to find out the problem. We held a detailed meeting with supervisors and talked with them about the departmental happenings. Supervisors are the most informed and experienced employees of a department, who are very well aware of the problems and issues of a department. Supervisors gave an insight about the problem and offered some suggestions. After talking to the supervisors in different departments, we found out that employee’s productivity was reducing and they were taking extra ordinary time to complete their tasks. With time, company products and services has increased and so was the number of processes carried out by the company. This had reduced the productivity of employees as they failed to complete their task on time and meet deadlines (Collins & Jim, 2002, pp. 70-84). We then indentified that these employees require training for the resolution of their problem. We also new that we may have to face an issue while implementing this solution, that is resistance against new system or change in the organization. Some of the supervisors are not ready to accept the change as they love to work with their old tested methods. However, we talked to them and convinced them on how training can solve the problem of our organization (Dunford & Palmer, 2006, pp. 52-120). We were able to convince them with the help of showing them statistics of companies doing well with the help of this tool. We first conducted training sessions with the supervisors telling them on how to coach or teach their subordinates. We arranged lectures with the help of power point presentations explaining them different concepts and functions used in their department and other department. We explained them different training tools like task assignment, group roles, project based learning that would help them reduce problems in the organization

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Design your process for becoming a world-class engineering student - Essay Example Admittedly, I am not yet that confident if I will realize my goal after graduating my course because I am still having challenges with my study. I have a clear understanding of what is engineering, computer science or engineering technology. I am also aware of its achievements and opportunities. I am not sure however of its future directions because it changes so fast that it is hard to predict. The world class student in engineering and computer science does not only have a clear understanding of the subject but also have an idea of the future directions of the industry due to their engagement in the subject. At present, there are still aspects of my study that needs to be improved. First, I need to improve my grades to make it impressive when I present them as qualification to my prospective employers after graduation. I will also develop my other non-academic qualifications such as joining extra-curricular activities that will develop my other skills such as leadership. I will also improve my study habit because it will carried on to my professional life as a work habit so I have to make it ideal while I am still studying. To work on these areas of improvement, I will instill a good study habit within me to avoid cramming and get good grades. This could be done by allocating an hour or two every day to review my lectures so that I am always prepared for class. If there are school and/or research works that needs to be done, I will do it in advance so that I will have ample time to do it and produce a quality research and/or school work. I will make quality school paper by dividing portions of it in advance and then research and write portions of it until it is done ahead of time allowing me an allowance to review it and do some corrections and improvement. I believe this how world class students in engineering and computer science do their school work. They do not just study because there is an exam but are always studying to be

Agile Software Development Process Coursework Example | Topics and Well Written Essays - 1500 words

Agile Software Development Process - Coursework Example The paper will explain how the agile development process works based on stand-up meetings, product, and sprint backlogs as well as project charter. In addition, scenarios will be utilized to give examples of techniques such as class diagrams, activity diagrams, and stakeholders. The manifesto for agile software development also known as agile manifesto is a formal proclamation of twelve principles and four key values to help guide people-centric approach and iterative approach to the development of software. Agile software development targets delivery of functional bits of application, keeping codes simple and testing often applications when they are ready. The software was created as an alternative to heavyweight and document-driven software development processes that includes the waterfall approach. The 4 core values of the agile software development emphasize on various issues that include; individuals and interactions over tools and processes, customer collaboration over contract negotiation, working software over comprehensive documentation as well as responding to change over following a plan (Aoyama, 2010). The 12 principles that have been laid down by the agile manifesto have been adapted for managing IT related projects and variety of businesses including business intelligence. They include; customer satisfaction through continuous and early delivery of valuable work, breakdown of big work into smaller components that can be tackled easily, recognising that teams that are self-organized are able to perform work better, providing of motivated individual with support and environment they need and offer them trust to get the job done (Carroll, 2012).

ROI social commerce Essay Example | Topics and Well Written Essays - 2000 words

ROI social commerce - Essay Example In the modern business environment, social media provides a great opportunity for commerce because of the large audiences that this media draws. But business organizations grapple with how to determine the returns from investing in social media given that it does not give direct returns like the other known forms of investment. Indeed, the benefits accrued from investing in social media could be determined and this paper seeks to elaborate on how to make this achievement. The Big Five – Facebook, Twitter, LinkedIn, YouTube and Pinterest - as referred to as by Marsden and Chaney (2012) provide sales opportunities in the emerging social economy. Social commerce has increasingly been adopted by organizations to reach out to wider market coverage more effectively. Griffin (2009) refers to such a strategy as social commerce which the scholar defines as harnessing the wisdom of many from the Internet to assist shoppers in finding and buying products and services. The driving force b ehind this is the social media, which can no longer be considered as a fad but a part of today’s consumers’ daily lives. ... The commerce aspect appreciates the need for human intervention for a sale to take place (Clapperton, 2012). Increasingly adopted by organizations’ sales arms, social commerce provides a critical online sales strategy for firms as customers seek for fast product search tools. How to Use Social Media in Social Commerce Having the social media as the business tool and the great audience that comes with it would not be adequate in entirety. There has to be effective strategies in which organizations engage this audience through social media so as to convert the normal activities on the media into opportunities for sale. This is an aspect that organizations need to be well versed in as in the near future, social media would be so enshrined in regular business communication and would only be beneficial to those with effective conversion strategies. The first way in which social media would be used in social commerce involves sharing. According to Marsden and Chaney (2012), organiza tions now create sharable content allowing customers to easily share links on their products or important website pages by placing buttons that would enable the ‘like’ function for Facebook, ‘share by email’ or ‘Tweet’. Social sharing gives the ability for users to share content posted on the organization’s website to their social profiles. Additionally, it allows for inclusion of comments on the item that has been shared. Therefore, social sharing provides an effective way of driving traffic back to the organization’s site. Secondly, social media could be used as an effective tool to collect feedback through the ratings and reviews on products. While social sharing by word of mouth

Concept on synthesis on personal nursing philosopy Essay

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Critical Discourse Essay Example | Topics and Well Written Essays - 2500 words

Critical Discourse - Essay Example This paper approves that the power and dominance are associated with specific social domains such as politics, media, law, education and science that are allied with the studies of professional and institutional power. The background of the reproduction of power in various domains of social group is an important factor for the analysis in a corrective manner. This power has certain targets for such powers; these are usually catered to by public clients and other social groups that depend on the institutional and organizational power. The study has discussed various topics of critical discourse analysis and communication analysis in relation to the application of power and language. The theoretical framework has also been analyzed for the purpose of understanding the concepts of discourse and power with the understanding of domination groups and powerful groups within the analysis. The methodology, strengths and weaknesses of critical discourse analysis and communication analysis have been explained in the study so as to recognize the relevance of study. The basic structure of discourse and interface between the power and discourse has been performed at the same time. The relation of discourse and action in the context of social groups, and society at large, is the major subject study for the integration of various approaches of discourse. In this way the study will work to accomplish the objectives of the prior studies as well as to understand the multidisciplinary approach of critical discourse analysis and comm unication analysis in a better and more complete manner.... The terminology of conversation analysis itself indicates that the initial stage of conversation analysis consists of casual conversation and thereafter, the procedure of analysis begins. The methods of conversation analysis were subsequently adapted to embrace more task and institution centered interactions. Therefore, the term 'conversation analysis' has become important as a successful approach to conversation with the perspective of social interaction. Conversation Analysis Methodology of CA The conception of humanity, social sciences and interactions are important and therefore, the concept of critical discourse analysis and communication analysis has gained so much importance in recent years. Currently, the communication analysis is a proven method for sociology, anthropology, linguistics, speech communication and psychology (Emanuel, 2000). Communication analysis is not designed for the purpose of examining the production of interaction from a perspective that is external to t he social circle and understanding the communication in a better manner (Jefferson, 2007). But the actual purpose of communication analysis is to model the resources and methods from which the understanding of communication can be reproduced in a substantial manner (Lazar, 2005). Methodology of CA Application of CA and CDA In recent years, communication analysis and critical discourse analysis have expanded their application and scope. At the same time, their concepts and understandings have complemented various other theories, which have supported the application of critical discourse and communication analysis (Goffman, 2005). Many researchers have deployed communication analysis in different fields, such as feminist linguistics, Membership Categorization Analysis and

Understanding Your Students Learning Style Essay Example for Free

Understanding Your Students Learning Style Essay All children have unique learning styles. Students gain strong benefits when their teachers and Learning Coaches recognize their strengths and weaknesses as learners. Howard Gardner, a psychologist and professor of neuroscience at Harvard, developed one theory in 1983. Gardner defines â€Å"intelligence† not as an IQ but, rather, as the skills that enable anyone to gain new knowledge and solve problems. Gardner proposed that there are several different types of intelligences, or learning styles. 1.Verbal-Linguistic (Word Smart) – People who possess this learning style learn best through reading, writing, listening, and speaking. Verbal students absorb information by engaging with reading materials and by discussing and debating ideas. 2.Logical-Mathematical (Logic Smart) – Those who exhibit this type of intelligence learn by classifying, categorizing, and thinking abstractly about patterns, relationships, and numbers. 3.Visual-Spatial (Picture Smart) – These people learn best by drawing or visualizing things using the mind’s eye. Visual people learn the most from pictures, diagrams, and other visual aids. 4.Auditory-Musical (Music Smart) – Students who are music smart learn using rhythm or melody, especially by singing or listening to music. 5.Bodily-Kinesthetic (Body Smart) – Body-smart individuals learn best through touch and movement. These people are best at processing information through the body. Sometimes kinesthetic learners work best standing up and moving rather than sitting still. 6.Interpersonal (People Smart) – Those who are people smart learn through relating to others by sharing, comparing, and cooperating. Interpersonal learners can make excellent group leaders and team players. 7.Intrapersonal (Self Smart) – Intrapersonal-intelligent people learn best by working alone and setting individual goals. Intrapersonal learners are not necessarily shy; they are independent and organized. 8.Naturalistic (Nature Smart) – Naturalistics learn by working with nature. Naturalistic students enjoy learning about living things and natural events. They may excel in the sciences and be very passionate about environmental issues. Combinations of the different types of intelligence abound. A hiker  fascinated by birdsongs might have strong auditory-musical and naturalistic intelligences, supplemented by bodily-kinesthetic intelligence. The neighbor skilled in solving puzzles and discerning patterns may combine logical-mathematical intelligence with visual-spatial intelligence.

The Cause of WWI Essay Example for Free

The Cause of WWI Essay WWI started in 1914 and ended in 1918. WWI was known as the Great war before WW2 happened as it was supposed to be the war to end all wars. Also the assassination of Archduke Ferdinand has been blamed as the catalyst for WWI (Spielvogel Book). The major players in WWI were the Triple Entente- Britain, France, Russia and the Triple Alliance- Germany, Austria-Hungary, Italy. The reason for the assassination was because of Nationalism, Militarism and the Alliance that played the biggest part. Learning about WWI helps us understand todays conflicts because for example the geographic lines that were drawn after WWI in the middle east is a huge driver of modern conflicts with the fall of the Ottoman empire and Persia, plus there is a lot of more facts that would help us understand more. Nationalism is a force that can be positive, together a nations people, or negative, from national pride resulting in negative conflicts (Norman 571). Sadly in this case, nationalism was a negative act that played a part in ass the assassination. National tensions had risen so high that even the slightest wrong doing of a nations rights by another might be considered a cause for war. Serbians wanted to expand the size of their country to include places outside Serbia that had ethnic Serbian populations living in them, what they want is a bigger country they will call Greater Serbia this will include places like Croatia, Bosnia, Kosovo, Montenegro, and would mean taking chunks out of other neighboring countries like Romania. They want all the Serbian people to live together in one country, but they dont want these people to move to the current Serbia they want Serbia to take over the countries that these people live in. Now the way nationalism played a role in the assassination is because if the Serb terrorists had not killed Arch Duke Franz Ferdinand, Austria would have never declared war on Serbia. The reason why the Serb terrorists killed Franz Ferdinand was because they did not like an Austrian ruler ruling a Serb country thus making an act of nationalism. So that gives you a better understanding of why nationalism played a huge role in the assassination. One other major factor that played a major role in the assassination was Militarism. Militarism is the belief in having a strong army force and navy (Joll 575). This belief led to an arms race in Europe, which was when the countries were making more deadlier weapons than their rival nations. 65 million men were mobilized during WW1, and 8. 5 million were killed, 21 million were wounded, and 7. 7 million were POWs. So just over 1 in 7 soldiers were killed a further 1 in 3 were wounded and 1 in 9 were captured. So over half of all soldiers that took part were killed, wounded or captured. Britain was an island nation and thus wanted to rule the waves. militarism leads to suspicion and thus it was one of the causes. Also Eight to Ten million soldiers swallowed each other up and when they did they eat up all Europe more bare than any swarm (Engels 153). So now as you can see how militarism had a big affect on everyone in the assassination. The last factor that took place in the cause of the assassination was the alliance. The Alliance was probably the second biggest factor in the assassination because militarism was directly because of industrial revolution, and everyone had nationalism but alliances made it a world war (McCutcheon 566). Alliances drew everyone into a big fight when it should have been a internal issue. Europes major powers had been divided into the Triple Alliance (Germany, Austria-Hungary, and Italy) and the Triple Entente (Britain, France, and Russia). The alliance system did cause WWI to the extent of the size of the war by bringing and pulling countries in to the war. The triple alliance promised each country to provide military support in the case of war. When the Triple Entente was created, it did not ask for reciprocal arrangements for support, though it did allow a large variety of arrangements and negotiations to occur. One negotiation was the support in war though. Alliances pulled countries into the war because if they werent followed, a consequence of retaliation would be expected. The alliance system was a major cause of the assassination because it had produced preventable tensions, but was incapable to resolve long-term issues, and created unrealistic expectations among the countries involved. Nationalism, Militarism and Alliance were the major causes in the assassination of Archduke Ferdinand. Todays and WWI conflicts are similar in a way because back then there was a major revolution in military technology, but no change in tactics, and today we have adapted our tactics to our technology. Another way todays Conflicts and WWI have similarities is there was a lot of new Technology never seen before in world war 1 like tanks, machine guns and airplanes. Today there is new technology in the war against terrors. A difference between WWI and todays conflict is that back then we were fighting nations and alliances, today we are fighting for fanatic terrorists who take no regard towards any code of honor, Its all out kill. A nation will die when all the weapons are taken away (Zola 559). Learning about WWI does help us understand about todays conflicts in many ways.

Analysing Of The Postponed Barangay Election Politics Essay

Analysing Of The Postponed Barangay Election Politics Essay A Barangay is the smallest unit of government in our country. Under Republic Act 7160 otherwise known as the Local Government Code, the Barangay, as the basic political unit, serves as the primary planning and implementing unit of government policies, plans, programs, projects, and activities in the community, and as a forum wherein the collective views of the people may be expressed, crystallized and considered, and where disputes may be amicably settled (Section 384, R.A. 7160). A Barangay is headed by the Punong Barangay and seven (7) members of Sangguniang Barangay (Section 387, R.A 7160). Their term of office is three (3) years. The next Barangay Election is scheduled to be held on the 25th day of October 2010. The Philippines held its last Barangay Election on the 29th of October 2007. The postponement of the Barangay Election has been a hot issue in congress lately. Since the schedule for the conduct of Barangay Election is fast approaching, congress is currently debating whether to pass a law postponing the upcoming Barangay Election. Should the Barangay Election push through; candidates would be competing for position of Barangay chairman and seven Sangguniang Barangay members. The leaders in congress are proposing to postpone the Barangay Election primarily on the ground of financial constraints. Vice President Jejomar Binay also expresses support for the postponement of the Barangay Election. He is of the opinion that the local government units cannot afford to contribute at least 25% of their annual budget for election expenditures. Under the law, the local government units may be compelled by the Commission on Election (COMELEC) to contribute to fund the Barangay Election expenditures. Senate President Juan Ponce Enrile also proposes to postpone the Barangay Election and have it held simultaneously on May 2013 elections. (Enrile pabor ding ipagpaliban ang Barangay, SK Elections, GMA NEWS. 2010) The Philippines held its first automated election during the 2010 National Election. While survey shows that it was the most peaceful election, nevertheless, there were unavoidable election violence that took place. Just like in the past elections, the COMELEC declared that there were fourteen (14) election hotspots. These election hotspots are Ilocos Norte, Abra, Masbate, Nueva Ecija, Western Samar, Eastern Samar, Antique, Basilan, Sulu, Maguindanao, Lanao del Sur, Sarangani and Zamboanga Sibugay. (14 Provinces as HOTSPOTS, Sun Star Manila. 2010) In every election, violence is unavoidable despite government and COMELECs effort to minimize the same by introducing reforms such as the computerization of the election. The COMELEC is trying its best to prevent killings and violence and cheating during the election. However, notwithstanding the efforts of COMELEC to prevent or stop these killings and violence, there will still be killings among candidates and supporters during election pe riod. Such unfortunate events are inevitable during election period. The most devastating election related violence was the Maguindanao Massacre. We all heard that more than 50 media men were massacred in Maguindanao. Thus, if the election is held this year, such violence will likely to happen again. Candidates and supporters will surely do everything to win in the election. Hence, if the Barangay Election is postponed, this will be a breathing space for our people to heal the wounds that was caused by the 2010 national election. Though it is temporary, people would not get to suffer again this year. As the saying goes, time heals all wounds. Online dictionary defines it as people eventually get over the bad things happened to them. (Time heals all wounds, Dictionary. n.d.) I agree that aside from budgetary constraints, another strong reason why the upcoming Barangay Election scheduled this 25th day of October 2010 must be postponed is because of the recent hotly contested national Election which divided our countrymen. The recent division among our countrymen which caused personal ill-feelings among candidates and supporters are still fresh and remain unhealed. I finally agree with our government leaders in proposing for the postponement of the upcoming Barangay Election because the holding of another election within the year is too much for us to bear. Our country is currently experiencing huge budget deficit. If we postpone the upcoming Barangay Election, our government will save at least three billion pesos. I believe that our government can use the savings for infrastructure and other basic services for the needs of the poor. I also believe that the upcoming Barangay Election will interrupt COMELECs duty to decide pending election protests from the 2010 national Election promptly. As previously stated, due to the recent hotly contested national Election, our countrymen remain divided up to the present. They are divided because of the support they gave to their respective chosen political party or candidate to the extent of hurting false personal accusations against one another. I am in favor of the postponement of this years Barangay Election in order to heal the wounds of the last presidential Election. I am worried that candidates and supporters will be quarreling again and impute wrongdoing against one another just like in the last 2010 National Election, there were incidents wherein loyal supporters of one camp who accuse the other for being corrupt even without evidence just to destroy his reputation. In another instance, another camp made false accusations that a candidate has psychological problems, such similar false accusations will surely arise again if we conduct the election this year. Thus, unhealed wounds would be opened up again. We cannot afford things to happen again. Division among our people is too deep and if not reminded, our people and the government might break down. Another reason for the Barangay Election to be postponed is because of the huge expenses for the conduct of election. To conduct an election, the COMELEC will spend au to THREE BILLION PESOS (P3,000,000,000.00) for the printing ballots, salary of the teachers, and purchase of election paraphernalia and other election expenses.(Preparation for Barangay and SK Election, Philippine Update Election. 2010) The money that will be used as an expense to conduct Barangay Election will come from taxes which our taxpayers pay. Because our country is having a huge budget deficit, the money allocated in our budget throughout the year is larger than the money earned or collected by the government. Thus, congress is proposing that the Barangay Election must be postponed. The savings may be used to fund the infrastructure and other social services for the poor. Congress believes that the needs of the citizens should be the prioritized first before electing new officials. Conducting the Barangay Elections would not change the fact that the current or newly elected officials would still be doing their job. The government already spent more than TEN BILLION PESOS (P10,000,000,000.00) in the recent Presidential Election. (Finally, automated elections .2010) Our country just had the most expensive election this year. By postponing the Barangay Election, our government will be able to reduce the budget deficit which our economy greatly needs. The Proponent who wants to have the Barangay Election held this year suggests that it should not be postponed. Her strongest point is the issue of corruption among current officials while I do admit that corruption thrives in our government including Barangays, I submit that conducting as election this year is not the solution to the problem. Election is not the solution to corruption. The proponent for continuation of the Barangay Election this year argues that because of the elections, issues regarding the corrupt officials are exposed during campaign. She argues that during campaign, candidates expose anomalies and corruption. However, they failed to appreciate that the candidates often impute malice and false accusations and concoct evidence of corruption just to destroy the reputation of their opponent. The proponent of this years election failed to notice that I even if election will be held this year, there will still be corruption and several corrupt candidates will still win. Hence, competition will not disappear. The best solution to eradicate corruption is the strict and effectiveness implementation of the law. Thus, the government should see to it that the corrupt officials are prosecuted and punished so that other government officials will be afraid to commit corruption. I believe that the postponement of the Barangay Election has far greater advantage that any possible disadvantage. In financial aspects, the money that may be saved will be used for infrastructures and public service. Hence, our people, especially the poor will greatly benefit from the funds for social services. Because of the recent national election, the people are already divided. Filipinos should be unified especially during his hard times. We should have unity to achieve peace and order in this country. I dont see any disadvantage if we postpone the Barangay Election. Positions of Barangay officials will not be left vacant. Current Barangay officials will just continue to act in their respective official duties. Thus, public service will not be hampered. I agree that the issue of election expense is the main reason why most of our government leaders opt to postpone the upcoming Barangay Election. Secondary is the unhealed wounds that Filipinos suffered by reason of the recent National Election. So many candidates and supporters became enemies because of the election. Another reason why most government officials agreed to postpone the Barangay Election because of the several election protests for the national election are still pending with the COMELEC, the holding of the Barangay Election this year will interrupt COMELECs duty to decide the protests promptly. Therefore, the postponement of the Barangay Election will be a great help for the whole country. Congress should pass a law for the postponement of the Barangay Election and have it held in 2011 or in 2012.

Emily Bronte Essay -- essays papers

Emily Bronte Emily Bronte was one of three sisters who became famous novelists. Emily's only novel is Wuthering Heights, which was published in December of 1847. Emily was from the Yorkshire village of Haworth. Emily was born on July 30, 1818 to Reverend Patrick Bront? and Marie Branwell Bront?. She was the fifth child of six. The village of Haworth was very isolated. Two years after they moved to Haworth, Mrs. Bront? died of cancer. In 1824 the four eldest girls were sent to Cowan Bridge School, a school for the daughters of improvised clergymen. The conditions there were very unhealthy, and as a result Emily's eldest sisters, Maria and Elizabeth died and Charlotte became very ill. Mr. Bront? had Charlotte and Emily brought home. As children Charlotte, Emily, Branwell, and Anne w...

Teaching Philosophy :: Education Learning School Essays

Teaching Philosophy Teaching is learning twice over. I believe that learning can be done in many different capacities; however, it takes a strong blend of certain personal characteristics and instructional techniques to become an effective teacher. In a perfect world, I could stand in front of a gathering of physical education students and teach them successfully how to dribble a basketball or throw a baseball, but it is much more difficult than that. Students are as different as snowflakes, each with many characteristics different than the next. To use the analogy of a key and lock, the key being the presentation of the material and the lock being the students, I feel that many teachers try to use the same key on 25 different locks. It is up to the teacher do away with the â€Å"here is the material†¦learn it† method of teaching and start considering the differences between one student’s ability to learn to the next. I believe in having a strong relationship with my students. I want them to be in a classroom where they know someone cares about them and that the teacher is not just earning a paycheck. By demonstrating a certain level of compassion for your students, they feel more comfortable with you as a teacher. By nurturing their open minds, a teacher can be successful. It is important to let the students ask questions and let them think for themselves. At a young age, children are full of imagination and ideas, and too often teachers take their intuitive instinct away from them by not letting them share their ideas or punishing them when they make a mistake out of the exploration of their imagination. I believe that setting goals has got me where I am today and that the concept of goal setting should be instructed and reinforced. Without goals students are apt to stray from little educational endeavors that end up being the little holes that sunk the big ship. In high school, I was a student who was at the top of the class in subjects that I enjoyed and mediocre in subjects that I did not find appealing.

Aurora- Light of Mystery Essay -- Papers

Aurora- Light of Mystery Text Box: This shuttle image shows the characteristic oval shape of the aurora.i What is aurora? Auroras, or polar lights, are the luminous phenomenon of the upper atmosphere occurs in high latitudes of both hemispheres. Auroras in the northern hemisphere are called aurora borealis and those in the south hemisphere are called aurora australis. Aurora (Latin for 'dawn') is beautiful and amazing lights which are visible in the dark sky in the poles. It can appear as many different forms, but usually it is a greenish quivering glow near the horizon. In 1621 the term 'aurora' was coined by the French astronomer. More and more observations were done and a concrete description was archived soon afterwards. Many theories were developed this phenomenon. Some suggested that it was the reflection of sunlight of artic light and some believed it was the firelight at the edge of the world; however both hypotheses are rejected because it was found that aurora was found 100-400km above the earth surface which is well beyond the atmosphere. Around the 17th century it has been discovered that it is caused by the interaction between energetic plasma particles from outside atmosphere with atoms of higher atmosphere. Till now, not all the questions about aurora have been answered, but with the escalating astronautic technology, we have a much better understanding on this puzzling phenomenon. How does aurora form? At every moment the sun is giving out charged particles in solar wind. Some of these particles are captured by the earth magnetic field and the bombardment of the solar wind with the atmospheric particles... ...aurora_e/index.html The Exploration of the Earth's Magnetosphere. http://www-istp.gsfc.nasa.gov/Education/wmap.html Learning about Aurora. http://sprg.ssl.berkeley.edu/~cyclopi/lesson1.html Applied physics laboratory site. http://www.jhuapl.edu/newscenter/pressreleases/1998/auroras.htm NASA website. http://www-istp.gsfc.nasa.gov/ Web Exhibits site. http://webexhibits.org/ Britannica Online. http://www.britannica.com/ Hyperphysics. http://hyperphysics.phy-astr.gsu.edu/hbase/hph.html Evaluation on resource: My source information comes from books, journals and internet. The information about most topics is quite consistent except the formation of voltage drop in the aurora acceleration region. There are many theories explaining the phenomenon, but I only concentrated on the two main ones.

Legal Ethics Healthcare Essay

The legal concept of vicarious liability and the Doctrine of Respondeat Superior occurs when the employee commits a tort or civil wrong within the scope of employment and the employer is held liable although the master may have done nothing wrong( Regan 2002). Physicians and other healthcare providers need to be aware of this doctrine in the supervision of their staff and their day-to-day medical practice. The legal relationship between an employer and an employee is called agency. The employer is called the principal when engaging someone to act for him. The person who does the work for the employer is called the agent. The theory behind respondeat superior is that the principal controls the agent’s behavior and must then assume some responsibility for the agent’s actions (Phelps & Lehman 2005). Most medical malpractice suits are filed as result of negligence (ie, a type of tort or civil wrong) – Negligence is defined by what a reasonably prudent person would or would not do in the same or similar circumstance. Negligence can result from the individual medical provider or from some type of agency relationship that exists between two or more health care providers. In general, when we discuss the relationship between agency and malpractice, we refer to the concept of vicarious liability and the Doctrine of Respondeat Superior ( Columbia 2000). In the context of medical malpractice a negligence action is often precipitated by a bad outcome. Numerous cases have involved the concept of vicarious liability and the Doctrine of Respondeat Superior as a successful cause of a medically negligent action. Recent changes in the health care system may contribute to additional causes of action being recognized. As managed care has moved to the forefront of health care, many medical providers have left independent practice and become employees of large health care organizations (HMOs) or hospitals. Some medical providers have formed their own business with health care extenders who perform many of the services previously provided by the medical provider. As a result, HMOs and hospitals have become employers of medical providers, and medical providers have become employers of their health care extenders (Regan 2002). In the past, the relationship with the patient and extensive documentation in the medical record were the most important elements in preventing malpractice litigation. These efforts, while important, may have less of an effect in the evolving health care climate. With these changes, principles of agency and vicarious liability may become increasingly important in evaluating malpractice liability. Both the negligence of a health care employee employed by an individual medical provider and the negligence of an individual medical provider employed by a health care company have given rise to successful malpractice suits. The Doctrine of Respondeat Superior is one to weigh carefully by both plaintiffs and defendants in their current practice of law and medicine. References: Malpractice. The Columbia Electronic Encyclopedia, 2000. http://kids.infoplease.lycos.com/ipd/A0401963.html Raines v Mercer, 55 5W2d 263, 264 (Tenn 1932) Regan, J. , & Regan, W. (2002, May). Medical malpractice and respondeat superior. (Review Articles). Southern Medical Journal, 95(5), 545-549. Retrieved January 23, 2013, from Nursing and Allied Health Collection via Gale: http://find.galegroup.com.proxy.davenport.edu/nrcx/start.do?prodId=NRC Respondeat Superior. (2005). In S. Phelps & J. Lehman (Eds.), West’s Encyclopedia of American Law (2nd ed., Vol. 8, pp. 334-336). Detroit: Gale. Retrieved from http://go.galegroup.com.proxy.davenport.edu/ps/i.do?id=GALE%7CCX3437703788&v=2.1&u=lom_davenportc&it=r&p=GVRL&sw=w

Obama Care The Federal Legacy Health And Social Care Essay

The historical development of obligation health tutelage policies and their development to establishments of the present twenty-four hours has created an environment where the support of responsibility health caution and its reform has been a focal point of citizens and g everywherenmental entities likewise. Recent province policy research and media focus often list the immense speak to heaps that states face to handle many of their uninsurable citizens including the indigent and low-income persons, peculiarly those with important chronic medical checkup conditions and viz. dialysis patients. guard duty Net, or dispro luckate Shargon, infirmarys ( 1980s to 2009 )Before 1981, Medicaid paid infirmaries with unreimbursed upkeep based on rational price. The disproportionately high courts of hospital attention 1 caused relation to acknowledge Disproportionate Share Hospitals ( DSH ) in the Omnibus figure Reconciliation chip ( OBRA ) of 1981. DSHs are delineate as those that serve preponderantly low-income patients, and as such, are popular infirmaries that are authorize to federal official aid. These DSH, or Safety internet infirmaries, supply a broad mixture of attention. In 1987, the so health sympathize with Financing Administration 2 ( HFCA ) released a mess that reviewed province DSH plans. As a consequence, Congress required provinces make containments to acknowledge DSH everyday infirmaries.In 1990, province discretion was change magnitude in footings of their DSH plan designs. Different classs were allowed, except this increased DSH disbursement. By 1992, DSH disbursement cost $ 17.4 billion. As a consequence, Congress run shorted the Medicaid uncoerced Contri moreoverion and Provider-Specific Tax Amendments Act of 1991 to intimidate funding of the non-federal portion and limited study sum DSH disbursement to 12 % of holy Medicaid disbursement. Further efforts to restrict DSH disbursement occurred in 1993, in the B alanced Budget Act of 1997, which reduced Medicare DSH payments by 8.6 % , and in the Medicare prescription medicine medicine Drug, Improvement, and Modernization Act of 2003. In 2003, the Medicaid DSH program funded 23 % of unreimbursed attention in the join States 3 . Projections indicate that $ 11.3 billion of the expulsion $ 216 billion the federal governing volition pass on Medicaid in fiscal twelvemonth ( FY ) 2009 impart be for DSH payments. This includes financess from Obama misgiving ( Peters, Christie Provost, 2009 ) .Recent Attempts at health anxiety ameliorateIn 1994, President Clinton try to go through the American health Security Act without success. Harmonizing to one article, subscriber line and amends policy groups by and large hostile the reform bundle, while labour and the AARP back up Clinton s measure. However, Clinton s program was so comprehensive and complicated in the ship canal it might impact the dynamic wellness attention industry that some organisations changed sides during the legislative conflict and others splintered into opposing cabals ( Lowery, et al. , 2005 ) .In 1997, the Children s wellness redress Act ( fleck ) plan was enacted. This plan provides damages redress reportage for kids of low- to moderate-income places without private insurance. The plan is provided at two the federal and province ( SCHIP ) degrees as province legislative assemblies addressed wellness issues during the kindred clip. The legislative docket include prescription drug coverage, ordinance of managed attention, and cosmopolitan coverage, with antithetic results than at the national degree ( IBID ) . The 50 provinces passed over 900 different Torahs modulating managed attention, between 1995 and 2001 as account by the NCSL 4 . Health attention comprises a big pop out of province budgets multiple groups anteroom for Medicaid, SCHIP, public employees wellness insurance, and other wellness attention support. In 2003, Presid ent Bush grow Medicare to include prescription drug coverage 5 . mama Health Care ReformIn 2006, mammy enacted wellness attention reforms, which were frequently touted by advocates of ObamaCare. The Massachusetts cultivated carrot and stick attack of single authorizations, conjugate with a province tally insurance exchange, enables the uninsured to buy portable insurance at regulated/ kick inable rates. As of 2010, 97 % of Massachusetts occupants take away wellness insurance ( see Appendix 6 Percentage of Massachusetts Residents without Health Insurance ) , with greater Numberss of employers offering wellness insurance than the national norm 6 . MassHealth, is the agencies by which the province provides comprehensive medical coverage, with eligibility standards for up to three hundred % of the federal poorness degree ( FPL ) 7 for low-income occupants and persons with disablements. Harmonizing to the governor s FY2011 budget, $ 9.84 billion is included for MassHealth Medi caid plans, an addition of 6.5 % from FY2010 ( see Appendix 7 MassHealth Average Enrollment ) . For those occupants who can non afford wellness insurance, Commonwealth Care provides wellness insurance for persons up to 300 % of the FPL with a full subsidy for those under carbon % of the FPL through a to the full capitated insurance theoretical account 8 . As of FY2010, over 150,000 occupants were enrolled, with a FY2011 budget of $ 838 million that includes a jutting 20,000 member enrollment addition. MassCare includes a $ 40 million Commonwealth Care Bridge for legal immigrants populating in the united States under five old ages.Massachusetts reform attempts ( Massachusetts Act, Chapter 58 of the Acts of 2006 ) have been both a success and a failure. enjoin of success reveal that in 2008, 96 % of occupants were estimated to hold wellness insurance. in that location were additions in insurance coverage reported across every population and symmetry with the single authorizati on is high, with about 1 % of grownups assessed a penalization for disobedience ( Long, 2010 ) . Evidence of failure indicates the undermentioned ( Samuelson, 2010 ) the province subsidizes insurance for people with incomes up to 300 % the federal poorness line ( FPL ) the easy portion spread outing state-subsidized insurance coverage succeeded the difficult portion controlling costs and guaranting that passing improves people s wellness failed. Emergency suites are still as crowded, and that take place wage is cosmos squeezed because of the coverage costs. Additionally, costs have shifted authorities precedences from public safety, instruction, substructure, and lower revenue enhancements to wellness attention as the province budget went from 22 % for wellness attention to 35 % , of which 90 % of that is Medicaid.MassCare besides provides a Health Care Finance and Policy contribution Health Safety Net ( HSN ) , in one case known as the Uncompensated Care Pool. HSN reimbur ses infirmaries and other Safety Net medical suppliers for low-income patients who are uninsured or underinsured. The payments for Safety Net suppliers decreased from 2007 to 2009 ( Appendix 8 Health Safety Net Payments Compared to Hospital Payments ) due to expanded wellness insurance coverage for occupants 9 . This lessening in Safety Net reimbursements may be a positive index for cost recovery at UMC. As patients halt insurance, UMC may be able to die measure the insurance suppliers for attention provided, but it is excessively shortly to state if this will be a factor as patients may choose to pay the punishment of being uninsured instead than pay the higher premiums for wellness insurance.Round 2 of Massachusetts Health Reform move to turn to cost containment, but cost nest eggs obtained by Massachusetts wellness attention reform are overshadowed by growing in wellness attention outgos ( see Appendix 9 Growth in Health consumption in MA Expected to master Other Economic Indicators Index of Health Expenditures Per Capita and Other Indexs in MA, 1991-2020 ) . Cost containment attempts exceed the province s attempts to fit grosss to outgos. Harmonizing to the Governor s FY2011 budget, Experts believe that about 30 % of today s wellness attention disbursement produces no benefit to patientsawe pass a significant sum of notes per twelvemonth on preventable and extra exigency room visits, hospitalizations and readmissions, while the unite States has the doubtful differentiation of taking the beingness in duplicative medical trials 10 and that farther payment reform is needed to co-ordinated these costs.

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.