Wednesday, July 31, 2019

An Analysis of Religious Influences in the Poetry Essay

During an era in literature when propriety and sensitivities were valuable elements considered both by writer and audience, and spirituality was defined by a specific, almost stringent, set of rules, the arrival of young poet Algernon Charles Swinburne produced a reaction most were ill-prepared to give. For compared to his illustrious contemporaries, Swinburne subscribed to a style and ideology meant to negate all aspects of convention and expand, albeit unwillingly, tolerance for taboo concepts and words. Defiance and aggression, as well as liberty, sexuality, and immorality, were the main themes behind the astonishing lyricism and poetic prowess of Swinburne. This also echoed in the technical form of his work, with his unapologetic and irreverent use of his own brand of alliteration and rhythm. The poet was unabashedly pagan in his sensibilities, and fervently explored areas deemed unsuitable for exposition in polite Victorian society. Blasphemy was a typical description of Swinburne’s literary efforts, yet the uncompromising wit and satire present in them made for unavoidable reading, almost enjoyable in a morbid sense—which was literally one of the most prevalent tones in Swinburne’s works. Therefore, the attempt to find the influence of religion or spirituality in the poetry of such an iconoclast may seem futile; however, the fact that Swinburne consciously marked his territory along these sacrilegious lines may be tantamount to his actual recognition of the concepts he purposely tried to negate. There are no references or appeal to obedience and faith in his literature—common virtues required of any religious discussion—but his lifetime work’s concentration on the opposite end may have marked him as an excellent study of spiritual affirmation. II. The Life and Work of Algernon Charles Swinburne The controversial poet and critic was born in Grosvenor Place, London, on April 5, 1837, to Admiral John Swinburne, making him one of the small number of poets to boast of an aristocratic background. While a student at Eton and Oxford, Swinburne began establishing his literary philosophy through his studies of the poetry of Shelley, and alternately engrossed himself in standard ideologies of academic scholars, including political radicalism and atheism. His time at Oxford afforded him various introductions that would eventually figure prominently in his life and career—names such as Burne-Jones, Morris, and Rossetti. Often at the verge of being expelled from the storied institution, Swinburne’s penchant for atheism and capacity for biting sarcasm still received the attention sought, both from admirers and detractors. Consistent with his affinity for the concepts of physical pleasure and pain, morbidity, and excess, Swinburne lived a life of almost total addiction to alcohol that resulted in never-ending bouts of collapse and seizures. As his health deteriorated, his lawyer Theodore Watts-Dunton found it necessary to persuade Swinburne to make a complete lifestyle change, to which the poet agreed by taking up residence in Watts-Dunton’s estate. Perhaps due to his irreverent and unhealthy way of life, Swinburne finally succumbed to influenza in 1909.

Tuesday, July 30, 2019

Native American culture Essay

From the 15th to 19th century the European colonization affected the Native American culture in many ways, such as diseases, war, and enslavement. Many diseases such as smallpox and measles were the main cause of the decline in the Native American population more so than war. Although they seemed to destroy Native American culture, they also improved it by trade. The Native American way of life changed after trading with the Europeans. At first Native Americans wanted metal products, which they couldn’t make themselves, such as axe-heads and knives. Later they realized the value of guns. Having guns and horses completely changed the way Native Americans hunted for food. Also in the 15th century Spaniards and other Europeans brought horses to the Americas. Some of these animals escaped and began to breed and increase their numbers in the wild. The introduction of the horse had a profound impact on Native American culture in the Great Plains of North America. This new mode of travel made it possible for some tribes to greatly expand their territories, exchange goods with neighboring tribes, and more easily capture game. In the 19th century, the Westward expansion of the United States incrementally expelled large numbers of Native Americans from vast areas of their territory, either by forcing them into marginal lands farther and farther west, or by outright massacres. Under President Andrew Jackson, Congress passed the Indian Removal Act of 1830, which forced the Five Civilized Tribes from the east onto western reservations, primarily to take their land for settlement. The forced migration was marked by great hardship and many deaths. Its route is known as the Trail of Tears. Conflicts broke out between U. S. forces and many different tribes. Authorities entered numerous treaties during this period, but later abrogated many for various reasons. Well-known military engagements include the atypical Native American victory at the Battle of Little Bighorn in 1876, and the massacre of Native Americans at Wounded Knee in 1890. On January 31, 1876 the United States government ordered all remaining Native Americans to move into reservations or reserves. This, together with the near-extinction of the American Bison, which many tribes had lived on, set about the downturn of Prairie Culture that had developed around the use of the horse for hunting, travel and trading. Students at the Bismark Indian School in the early 20th century American policy toward Native Americans have been an evolving process. In the late nineteenth century reformers in efforts to civilize Indians adapted the practice of educating native children in Indian Boarding Schools. These schools, which were primarily run by Christians, proved traumatic to Indian children, who were forbidden to speak their native languages, taught Christianity instead of their native religions and in numerous other ways forced to abandon their Indian identity and adopt European-American culture, despite many of the practices being in violation of clauses of the U. S. Constitution separating church and state. There are also many documented cases of sexual, physical and mental abuses occurring at these schools. Many other attempts were made to deprive the American Indians of their culture, language, and religious beliefs, some of which are reported to continue into current times. Therefore the European colonists destroyed the Native American culture, from their first encounter in the 15th century all the way through the early 20th century. From diseases and warfare to eventually moving Native Americans from their natural territories, the Europeans started a extermination of the Americans that were Native to this supposed new world.

Monday, July 29, 2019

Role of Music in Computer Games Essay Example | Topics and Well Written Essays - 1000 words

Role of Music in Computer Games - Essay Example Computer or video game music involves the use of soundtracks that accompany the game while it is being played. Early games used YMO melodies and beats. They used simple sounds and there was little distinction between 'noise' and 'music', or 'sound' and 'music'. At the time, little concentration was given to the possibility of incorporating music into games. Numerical developments in storage capacity increased over time. Long ago, the 1983-87 era employed '8-bit' systems, the 1987-1993 era used '16-bit' systems (Donkey Kong Country 2), '32-bit' systems occurred during 1993-2003 and the '64-bit' has been used since 2003-present. More space in the memory has been focused on with more detail being added (images, sounds and music). The first commercially produced games were by Computer Space (Nutting Associates 1971). The first game produced that had a 'musical dimension' was Space Invaders in 1978. It employed the rise and fall of bass notes that looped and sped up when the 'aliens' got nearer –a popular cinematic technique. Super Mario Brothers was the first video game produced in 1985 that went on to achieve worldwide success. The first dynamic use of 8-bit music was in a game’s plot titled Duck Tales in 1989. The first time songs were incorporated into video games was in 2005 in the computer game, ‘Still Alive’ in ‘Portal’. The development of the popularity of games was acknowledged which led to the creation of arcade games. At present, it is reported that video game composers employ advanced tools and instruments to make these exceptionally high quality sound tracks. These soundtracks rival the quality of production and musical sources that are distinctive with films. The central connection that exists between films and videogames is that they both rely heavily on the use of aural cues and visual cues as well to express a sense of constant diegesis or game world. The role played by music in these video games has advanced from once being a mere ringing sound to symphonic orchestral sounds and hip-hop playlists that can be customized. At present, music in computer games has evolved the whole experience one derives from these games when compared to the past. This fact has caused competitors within the game console industry to revolutionize their products. Music is used to express a particular mood when the visuals are accompanied with it. Onekey function among the extensive video game music functions sis that the sound aids in engaging the discernment of a spatial digress by the audience. Diegetic and Extra diegetic music is usually combined with the video game sounds to generate a particular captivating mood. Diegetic music is the kind of music assumed to be perceptible to the characters in the narrative on the screen. Musical cues and sound effects usually impart the objects with even an extra life than they possess when they simply make appearances as figures in motion. Use of music in computer game s makes the illusion portrayed in computer games compelling. Use of music in film Musical cues and sound effects have always been part of film from inception of the film began. Early exhibitions of films were characteristically incorporated the use of a piano. Silent films were complemented by a range of musical instruments such as the solo piano to larger musical instruments depending on the kind of film. Music in films was intended to spark interest in audiences.Originally, films had no music andthis caused audiences to seek other sounds (such as ambient noises) that fulfilledfunctions usually achieved by musical cues.Use of musical cues in film applieshigher influence on the subject of the film than it would have if there was no accompaniment of music.Music divides the emotive content of the filmand considerably impactson the understanding of thetheatrical plot by the audience (Collins, 2008).Music within films influences memoryof the scenes in the film. Through the musical cues, one is able to remember what was

Sunday, July 28, 2019

Last part Essay Example | Topics and Well Written Essays - 500 words

Last part - Essay Example Aljawhra also sign in the gym so we can go together instead of me going alone. Indeed, my friend pointed out that she will join me in the yoga and meditation session when she has a chance although she is a working woman. She asked me to come to her home and visit any time as I feel that I need to see someone when feel low and depressed. Aljawhra also mentioned that after every month we will create an overview of the improvements to keep me strong and a list of weak moments which we both would try to avoid in future. I am really surprised and grateful of Aljawhra’s offer because it really means a lot to me to have my best friend supporting me through thick and thin and help me overcome my failure. The course of stress management provided me a lot of information about stress and how to deal with it. I was really surprised me with the amount of methods one can practice on their own to reduce and control stress. In fact, this course was one of the most promising and persuading courses as it constituted of different activities we practiced and topics we discussed in class. This course also helped me to identify my own stressors and learn how to deal with then in a healthy and independent manner. I really enjoyed this course and do not regret taking

Saturday, July 27, 2019

Competing Through Marketing Assignment Example | Topics and Well Written Essays - 3000 words

Competing Through Marketing - Assignment Example zed basis to a point where additional promotions expenditures are already yielding diminishing returns; an agreement that has been spread all over states that markets should form good foundations that will help and bring forth successful marketing strategies and major activities (Baines, Fill and Page 2009, p217). The main purpose of market segmentation is basically to leverage scarce resources; more so it ensures that the major elements of marketing mix, distribution, promotions, products and prices are designed in a very special way that helps them meet the particular desired needs of different various customer groups. Organizations have very finite resources that do not allow them to produce possible products basically for all the people at all the times; normally the best thing that they aim at is basically to provide selected offerings for the selected groups of people and this is mostly most of the times. The process permits the organizations to focus on the particular consumer’s needs, in the most effective and efficient mode. The concept of market segmentation is associated with the product differentiation. Aiming at different market segments requires adaptation to a number of variations that need to be offered to satisfy those segments. If one adapts to a different version of providence, this may appease the different market segments (Baines, Fill and Page 2009, p218). A good example is the section of fashion retailing in which one might adapt clothing range so that the skirts are the most colorful, utilize lighter fabrics, and a very small hemline – this fashion style is most likely to appeal the younger women. If one decides to appeal the older women, then one might be required to change the skirts styling by utilizing darker heavier fabrics which have a long hemline. This is the strategy that was used by Marks and Spencer (M&S) to attract the young female shopper to their M&S stores and offer competition directly with Next and Debenhams for the

Google chrome Research Paper Example | Topics and Well Written Essays - 750 words

Google chrome - Research Paper Example Its current stable version for Windows is Version 33.0.1750.154 m. It is available for iOS, LINUX, OS X, Android and MAC. (Firtman,  2013, p.  66-67) Google Chrome has the function to save pages that were visited number of times on the homepage of the browser. These pages appear as thumbnails normally below the Google’s search box. One just has to click to the thumbnail to visit the website. This option is not enabled by default. User has to enable it by entering "about:flags" in your Omnibox and then search "Stacked Tabs" on the Flags page. (Rome & Loton,  2013, p.  36-37) This will not let the tabs to squeeze into the browser instead it will stack on top of each other when space runs out. One more thing to know is that, this option is available for â€Å"Windows† only. Circle on the fig. (b) explains the view. Google Chrome is the first browser to have its own task manager like the windows Task Manager. It enables the user to observe the active processes (within Chrome), the amount of memory, CPU, and network resources these processes are consuming. It can be accessed by right clicking on Google Chrome’s title bar. Fig., (c) can ease to understand. Google Chrome by default has this option only to search in its search engine using voice. One can send messages even get direction and can perform other voice related tasks. Google chrome may even reply in the voice if a question is being asked. Only thing to make sure is the correctly working microphone either internal or externally connected. Fig. (d) can explain it. Using Chrome’s address bar type the required thing and hit enter and it will redirect to the required search page automatically. Chrome eliminates the difference between a browser and a search engine by redefining the navigation window. User does not have to use the separate search box for searching the phrase (as shown in Fig., (e) below). Google has integrated most of its services into Chrome. Services like Google

Friday, July 26, 2019

CMG401 MOD 5 SLP Essay Example | Topics and Well Written Essays - 500 words

CMG401 MOD 5 SLP - Essay Example It is vital to read and comprehend the terms of the contract before signing it. This often looks like an overwhelming task, but it is beneficial to everyone, in the long run (Watson 125). This paper will examine the social economic responsibilities that apply to a government contract. An agreement by the government on goods and services that demands a formal, signed document will have to be honoured by the parties involved. There are economic implications that this failure can have on the business involved. The government may stop the funding of the project altogether, and demand some of it. This means that, the party involved will have spent capital that they need to refund because they failed to honour the contract. Another economic responsibility the contract may have on the procuring party is that; they need to execute the plans as per the terms of the contract (Nativel 153). This is lest they fail to give the government what they need. If the government wants a product and is written in the agreement, it is not the contractor’s responsibility to try and make it better or bigger than stipulated. Any failure to do as required may cause the government to not want the product offered because the specifications were not met. Social responsibility in a contract demands that there are fair stipulations that allow individuals to compete in the labour market. When agreeing on the terms of a contract, it is fundamental that the principals involved agree to the incentives provided. This is solely based on their ability to perform the task. Government contracts have incentives which push contractors to want to engage the government in their project (Nativel 157). However, the incentives may be too much to pass on such a contract. This forces contractors to agree to the agreement in question. This is even if they do not agree with the specifications. Contracts should have a social responsibility to the public and the contractors. There is the ability to

Thursday, July 25, 2019

W8 Assignment Example | Topics and Well Written Essays - 500 words

W8 - Assignment Example The author further asserts that such profits disappear after the competitors copy the innovations. The system swallows up ideas and changes them into a well-digested fodder for everyday productivity. He therefore, calls the introducers of these changes entrepreneurs, the business trailblazers or risk takers. He also noted that competition always forced down the prices leading to the ultimate disappearance of profits. He describes entrepreneurs as talented specialists who differ from politicians or military leaders as the society treats them as social pariahs or upstarts. They, therefore, reside outside the limelight, fond of dynasties and are not motivated by riches or titles. As the economy grows to complexity, senior managers are faced with uncertainties. Frank Knight pointed out that risk and uncertainties are different. His thesis stated that entrepreneurs are better at peering into the improbability that does not mean that they are efficient since it can neither be observed nor quantified. His argument rested in uncertainty, not efficiency. Knight argues from an abstract concept of uncertainty. His theory could be improved by minimizing contracting and supervisory cost to create efficacy. Schumpeter’s driving force is his accolade to the talented few. Another intriguing possibility is that he imbued with elitist notions that have created this paradigm as a means of self-glorification. He sees himself as the swami of elitism. He begs the question of economics by reducing it to one quibble: Do economists merely compartmentalize the facts about life the way we know it, or they serve as visionaries? Is economic function analytical or predictive? He opted to lay out a vision for the future generations rather than being mundane with money matters. He produced a passionate interest in the captains of industries. Schumpeter’s argues that

Wednesday, July 24, 2019

What Was the Space Race What Did it Accomplish Essay

What Was the Space Race What Did it Accomplish - Essay Example It became a huge battle between the two blocks for space exploration supremacy. USSR, in her quest for supremacy built her first exploration machine, soon the US followed suit and were able to built one. In actually space race served to show supremacy in the field of science. These two blocks differed in ideologies and the reason why competition came to be. Both sides were able to acquire relevant knowledge in the field of science and this made a milestone in the same field. Basically space race was a product of two blocks whose political ideologies differed and supremacy in the field of space exploration was all the more important1. Space race became a new battle ground between the communist east and the capitalist west. This race therefore was so important for both sides. It showed which political ideology was better and definitely which one was going to win popularity. Many countries subscribed to communism while others stuck with capitalism. For the US, the pride of achieving a s uper power tag was looming and this was very important then and even in subsequent years. Technological skill was all the more important during this s time and a huge amount of money was spent in making such skills work. The US benefited from this race in many ways communication satellites were installed I the space and thus it became almost evident, everything was looking up communication wise2. The announcement of Neil Armstrong landing on space meant the US were being looked up to by many developing countries, this ensured supremacy just in case the world was in for another war. This supremacy, later played a big role in the formation of UN, where the US controlled major decisions for they were already being perceived as the super powers. Generally for the US Space race confirmed the end of communism an important fete in their history. American societies felt secured for capitalism appeared the right political ideology besides technological abilities being achieved to a greater e xtent3. The Russians on the other hand also got a lot of subscription from countries that thought communism was the best. Russians built their own space exploration machine named sputnik which made her get recognition from all over the world and instilled fear in her rivals most notably the US. This achievement gave the Russians a formidable image and eventually her reputation was held in high regard. Communication became easy and it led to knowledge acquisition in almost every aspect of life. Generally life became more easy and safe4. Nevertheless, the launch of satellite in 1957 by the Russians was a reflection of her technological abilities and a huge part of her history. It should also be noticed that the installation of a satellite in the space is an achievement whose effects are still felt up until now. What with satellite supported cameras and never ending technological innovation that touch on the satellite one way or another. So it is safe to say both this two blocks have b enefitted massively in the space race, from the technological advancements to political supremacy and good economic ties with her subscribing countries. With this entire race coming to effect, many accomplishments were made the US were able to seal her perceived victory. Capitalism was perceived as the best ideology and many countries established both political and economic ties with the US. In the field of science, the universe was explored and such discoveries as existence of the asteroids came to the fore. For Russians political ties were strengthened with those who stuck with communism5. Communication was made easier with the installation

Tuesday, July 23, 2019

Physiology Case Study Example | Topics and Well Written Essays - 750 words

Physiology - Case Study Example This condition is known to cause nerve problems which may be responsible for her numbness and weakness on the lower limb. Since she might be suffering from inflammation in his pelvic or cervical region, this may result to elevated body temperature referred to as fever. Fever causes disruption in the body thermal balance causing chills which is responsible for shivering in patients. In addition, the presence of inflammation results to generation of neutrophil from the bone marrow with reduced maturation time. Toxic granulation in the body therefore occurs due to the accelerated maturation of neutrophils in response to cases of acute inflammation (Crowley 72). This will help the medical practitioner figure out if it is a recurrence case, how developed it is or if it is genetically linked (Fogel & Nancy 610). Past medical and drug history will help determine if it is an allergic reaction and any know the form of treatment previously done on the patient. This involves checking for vitamin deficiencies, abnormal immune response or presence of toxic elements. Vitamin deficiency can cause general body weakness, anemia, loss of appetite and neurological problems e.g. lack of vitamin B12 and vitamin D (Fogel & Nancy 209). Elevated levels of white blood cells signifies the presence of an infection or inflammation while toxic elements from pesticides are known to cause neurological problems. The blood test would help rule out certain conditions that are known to cause some of the symptoms depicted seen on the girl. 3. The pelvic exam revealed a foul-smelling discharge. What might this indicate? Might this condition be related to the loss of lower motor control? What might the sedimentation rate and the WBC’s indicate? A foul smelling discharge detected by pelvic examination is an indication of presence of infection in the pelvic region. The infection can

Monday, July 22, 2019

Spring Festival Gala Essay Example for Free

Spring Festival Gala Essay A Comparative Study of the CCTV Spring Festival Galas, 1984-86 and 2004-06 Xiaoyan Xu Abstract The Spring Festival, or Lunar New Year, is the most important festival in China. On every Lunar New Year’s Eve since 1983, the state-run China Central TV (CCTV), the only national TV station in China, has held a celebrating gala. This thesis attempts to examine the CCTV Spring Festival Galas as a case study of China’s statist nationalism. The research questions of this thesis are: what techniques and technologies have the CCTV Spring Festival Galas used to construct a Chinese national space? How have the CCTV Spring Festival Galas describe the Chinese national space? And what changes have taken place in these techniques and technologies as well as in the descriptions? To answer these questions, this thesis conducts a comparative research, comparing both the commonalities and differences between the galas of 1984-86 and those of 2004-06. Employing an interpretative textual analysis approach, it analyzes the videos of these six years’ galas and explores the political meanings of words and programs in the galas. This thesis finds that in order to imagine a united Chinese national space, the galas mainly represent China in terms of classes, ethnic groups and places. With the presence of minorities and people from Hong Kong, Macao, and Taiwan, the galas focus on the boundary of the Chinese nation to construct the unity of China. Furthermore, in order to construct the greatness of this united Chinese national space, the galas use heroes and sites to symbolize China. The presence of traditional elements helps create a temporal dimension of the Chinese national space. As a result of, and in response to, the socio- economic changes in the last two decades, the techniques and technologies used by the galas have changed. Besides the great changes in stage settings and technologies, the major changes in the techniques include: in the 2004-06 galas, hosts play a much more important role in interpreting the political meanings of the programs and presenting the state’s nationalist narrative to the audience, the Chinese Communist Party occupies a more central place in the galas, and home increasingly means individual family instead of the country of China. Correspondingly, the way the galas treat singers, actors, and hosts from Hong Kong and Taiwan has also changed. Acknowledgements The past three years have passed fast. At this moment, my heart is full of thanksgivings. I am especially grateful to: Dr. Timothy Luke, my committee chair, for his advising and helping me with revising this thesis for several times, as well as for his patience. Dr. Scott Nelson and Dr. Yannis Stivachtis, my committee members, for their support and suggestions on this thesis and future research. Dr. Christopher Clement, for his acceptance for my TA work and his kind flexibility for my responsibility during my pregnancy. Dr. Ilja Luciak, Chair, Department of Political Science, and Dr. Deborah Milly, former Director of Graduate Studies, Department of Political Science, for their great support. Pat, Kim, Melissa, and Karen, staff of the Department of Political Science, and Jenny and other staff of the Graduate School, for their great help. God, for giving me life and abundant graces. My parents and other family members, for their love and encouragements. Examples of these studies are Guan Ling, Zhixing Guiji [The Tracks of Knowledge and Actions] (Beijing: Beijing Radio College Press 2000); Xu Yingchun and Wang Ying, â€Å"Dui ‘kan chunjie wanhui’ chengwei xin minsu wenti de sikao [Some Reflections on Watching the Spring Festival Galas Becoming New Customs],† Shiting Zongheng [On TV and Radio], No. 1 (2003); and Wang Xiaoyu, â€Å"Chunjie lianhuan wanhui de ‘zhaohuan jizhi’ [The ‘Calling Mechanism’ of the Spring Festival Galas],† Meiti Piping [Media Critique] (Guangxi Shifan Daxue Chubanshe, 2005), Vol. 1, http://www. usc. cuhk. edu. hk/wk_wzdetails. asp? id=4891. 22 is Wang Xiaoyu’s study. 34 Based on the concepts of â€Å"TV community† and â€Å"collective emory,† Wang analyzes the â€Å"calling† mechanism that renders individuals to join the audience of the Spring Festival Galas every year. He argues that the high viewing- audience-rates of the CCTV Sp ring Festival Galas can be partly attributed to the â€Å"TV community† emerging in 1980sthat is, the phenomenon that many people gather together to watch the same TV programs. Wang argues that the CCTV Spring Festival Gala is creating a new and special â€Å"TV community†. Many families gather to watch a TV program together, along with eating the reunion dinner. What is more, people’s discussions on the CCTV Spring Festival Galas afterwards make the galas a â€Å"collective

Holey Soles Essay Example for Free

Holey Soles Essay This case analysis will focus on the issues surround the lifestyle product company Holey Soles. Psychologist Ann Rosenberg founded the company in September 2002. She initially operated in her garage and backyard, until she recruited Joyce Groote (now current CEO of Holey Soles) and expanded the company into other parts of North America. Holey Soles focuses on creating innovative footwear made from their trademarked technology SmartCel and SoleTek, which is an injection-molded foam technology. As of July 2007, sales had grown at 300% in each of the last two years and the company was ranked number four in the 2006 Profit magazine ranking of Canada’s Emerging Growth Companies. However as they continue to operate, they find themselves getting pushed back by their number one competitor, Crocs. By mid-2007, Crocs sales were 33 times the sales of Holey Soles. Holey Soles has a revenue target of $40 million by 2009, and to achieve this target, they will need to focus on the issues surrounding their company and hindering its growth. We have decided that the core issue surround the company is how to reach the goal of $40 million. They need to address the possible alternatives of either expanding into other products besides footwear, implementing a more aggressive marketing strategy, changing their 2-year goals completely, or maintaining the status quo. These alternatives will depend on the assessment of the time frame, cost, and current and potential competition. Upon analyzing all situations and alternatives, we have decided that the best solution for Holey Soles would be to expand the company by creating other product lines made form their trademarked technology. Only through this method will they be able to generate enough revenue to meet their $40 million goal. Issues The issues surrounding Holey Soles include the inability to have a high market share due to dominance from Crocs, how to reach the goal of $40 million revenue, and deciding upon expansion. We think the core issue is how to reach the goal of $40 million. Decision Criteria 1.Time frame of implementation: They only have 2 years to make reach their intended goal of $40 million. Considering the high target number, 2 years is a very short time frame, and therefore is an important decision criterion. Sourcing from China to other parts of the world also takes a long time, so it factors in how much product can actually be made in the time frame given. 2.Cost of expansion: To reach a goal of $40 million, an expansion of the company would have to take place. This poses the problem of where capital is going to come from. 3.Current competition: Their number one competitor is Crocs. During the 2-year period to reach a goal of $40 million, Crocs will still be selling at the rate they have been, and may also be working towards goals of expansion. 4.Threat of potential competition: In the 2 year time frame given, what’s to say that new competitors will not enter the market? As the clog fad continues, more companies are producing similar products as Holey Soles . Even though most of them aside from Crocs have a poorer design with lower quality materials, the possibility of a company suddenly entering with a whole new technology is always possible. Alternatives Assessments 1.Expand by increasing a more diverse range of products sold. By relying on selling the clogs alone, they will never be able to reach their goal of $40 million, nor be able to overtake Crocs since Crocs has taken so much more of the market share already. With their trademarked foam-injection technologies SmartCel and SoleTek, they should put those towards creating newer and more innovative lifestyle products aside from footwear. They already started with the beach bag, so it proves that it is possible to create other products. They already have an advantage due to their company being defined as products that are â€Å"lifestyle† centered, rather than simply a â€Å"footwear manufacturer†.

Sunday, July 21, 2019

Easyjet: Business Model Analysis

Easyjet: Business Model Analysis Easyjet.com EasyJet.com is one of the top travel web sites on the Internet. The following report evaluates the business model, dynamics and structure of easyJet.com. It also outlines the factors responsible for the company’s success including business focus, target market, corporate structure and e-business model. In doing so, the author also hopes to find out what are some of the important aspects of e-business that differentiate and benefit corporations in setting up e-commerce sites such as easyJet.com. Online travel sites have flocked the Internet in the recent years making travel much easier than before. With the number of online visitors rising every year, the travel market in Europe is estimated to reach Euro 20 billion by 2006 (Europemedia 2002). Success in this market is inherent in deliberate strategic e-business and e-commerce modelling. This is evidence in the following report on easyJet.com. Building e-business focused web content requires deliberate business as well as technological considerations. These range from the site outlook to the usability and structure of the web site (Dietel, Dietel and Nieto 2001). easyJet.com in terms of an online travel resource is a comprehensive web site designed to deliver a host of services without redundant graphics or advertisements to distract its visitors. This is because easyJet.com knows its audience: online visitors living in the continent of Europe looking for cheap, comfortable and comprehensive real time travel related deals without the hassle of third party agents. To serve this type of audience easyJet.com has designed a web site that has all information easily available in all the dominant languages of the region and segmented under different tabs of accommodation, car rental, travel insurance, airport related transport and flight booking to allow the visitor to go directly to required service. It also has sub tabs for easy access to schedules, timetables and rates etc. in real time. Each of these sections and sub sections are governed by moderate graphics to represent the services easyJet.com has to offer and links to the different web pages within its web site. Moderate use of text eliminates time wastage yet at the same time conveys accurate message to the audience to guide them to various links based on logical visitorâ₠¬â„¢s usage. For example a visitor booking a flight will first insert the date of travel, destination, and check for its availability; then moves on to make the final booking/purchase. There is enough information on each page to support the requirement of the visitor without abstract marketing banners to detract real buyers. Unlike its competitors web sites like www.lastminute.com or www.bahn.de, easyJet.com concentrates on usability and reliability of information (Nielson 1994) rather than visibility and colourful display alone. However, this is not to say that the web site lacks colours. The use of orange colour throughout the web site is consistent with easyJets own corporate colour code so that clients can associate with easyJet the airline company, which is a critical aspect of web site development (Nielson 1994). easyJet is a no-frills airline and it targets at the business and the leisure consumers. Likewise, easyJet.com also targets the business and leisure consumers who are not interested in dealing with third party intermediaries. The target audience is keen on saving time and money. For the business and frequent fliers, easyJet.com provides easy access to booking, scheduling of flights, accommodation and transportation. Amenities like choice of airport lounges or airport parking are important in making the process of travel booking complete. Realizing corporate need for discounted and group travel easyJet.com has reserved a section of its website for B2B transactions which offers unique packages especially for the business to business customers. On the other hand for the leisure individual travellers, easyJet.com also serves them with daily flights, hotel, insurance, airport transportation and such services and at the same time updates them with offers of the week, seasonal packages, and weekend deals which the consumers may avail whenever they like. Based on these target audiences and the kind of services offered, easyJet.com could be considered to be an ideal re-intermediation where the manufacturer/service provider (easyJet) is in direct contact with the consumers communicated through an electronic medium (Internet). This form of intermediation reduces cost through agency intermediation, customer service, networks and help in transforming the business to e-business corporate structure. Consequently, the company uses technology mediation to sell its products and services and create business value. The purpose of setting up an online business is to ensure growth, efficiency, competitive advantage and leverage over competitors. More importantly an e-business structure helps in deciding the direction of the business. easyJet.com initially followed an â€Å"e-manufacturer† business model as it had been the provider of online airline ticketing for UK residents (EasyJet Profile 2003). A manufacturer business model in e-commerce sense refers service providers who may or may not be in direct contact with the consumers. Being an e-manufacturer meant that easyJet.com has been able to cut down its supply chain to deal with its consumers directly. This is evidence in the fact that easyJet had sold approximately 90% of its flights online (EasyJet Profile 2003). However, as the company evolved its e-business model also changed to have become a travel related service â€Å"merchant†. This is evidence from the expansionary steps taken to include hotel and apartment booking services, car rental, airport lounges as well as parking services which are out of bound of easyJet.coms core product category. By subletting services of hotels, car rental and the like easyJet.com has become the intermediary and has been able to generate more profits, add value to its product offering and target more customer base (Afuh and Tucci 2002). easyJet.coms success could be attributed to management understanding of its business model and its function to the organizational structure. Given the constantly evolving business environment of today, easyJet and other businesses need to understand the dynamic nature of their organization and anticipate future business needs. Understanding and adopting business models are critical endeavours that enable the business to develop competitive advantage and add value to products and services (Eckersley, Harris and Jackson 2003). Understanding ones business model helps in reducing inefficient functions, redundancies and untargeted markets. It helps in designing and adopting new business model(s) that may be more attuned to the requirement and needs of the market by creating niches or segmentation. Especially on the internet, business models need to be evaluated constantly to match with the consumer demands and business environment need to sustain competitive edge (Bloch, Pigneur and Segev 1996). A flexible company or entrepreneur would be able to understand the need in keeping its e-business model dynamic and be able to anticipate change management as and when required. In the authors opinion this is critical for the success of any business whether online or offline because change management is important. Organization today have to take into consideration transaction cost, budgets, organizational design and its implications as well as the impact of change on the organization (Jones 2003). Considerations to these aspects mean that the entrepreneur or the management of the company needs to be flexible enough to react and implement change as required not for the benefit of being flexible but also for profitability’s sake. For example easyJet.com initially started out as a no-frill airline at the domestic level but it has been fast in adapting to the new e-business model of merchant/retailer for travel related services without compromising its core product and service. Co nsequently, it has been able to gain competitive advantage in the no-frill airline business before other organizations have been able to forecast its emergence. Thus, in my opinion organizations that do not capitalize on opportunity cost inherent in flexibility lose out in competitive advantage and therefore fail to add value to the products and services that they have to offer. Ultimately, it will lose out in the competition. The above report reflects easyJet.coms dynamic strategy for its online business model. Through its web site, easyJet has been able to secure one of the top positions among travel related web sites. Not only this but the structure, design, usability and usefulness of the website have enabled it to secure leverage over its competitors. More importantly, easyJet.com has incorporated flexibility in its e-business model which enables it to foresee change and develop strategies to counteract accordingly. Consequently it has become one of the most successful web sites on the Internet. References Afuah, A. and Tucci, C. 2002, Internet Business Models and Strategies: Text and cases, 2nd edition, McGraw Hill Author not available, 2002, Europeans flock to online travel sites. Europemedia. Amsterdam: Feb 14, 2002 Issue. Author not available, 2003, EasyJet Profile, BizEd, Accessed on 7-11-2005 from: http://www.bized.ac.uk/compfact/easyjet/easyindex.htm> Bloch M, Pigneur Y, Segev A 1996, ‘Leveraging Electronic Commerce for Competitive Advantage: a Business Value Framework’ 9th International Conference on EDI-IOS Bled, Slovenia. Deitel, Deitel Nieto, 2001, e-Business and e-Commerce: How to program, Prentice Hall. easyJet Official Website, Accessed on 7-11-2005 from: www.easJet.com> Eckersley, P. M, Harris, L. and Jackson, P. 2003, E-Business Fundamentals: Managing Organisations in the Electronic Age. Routledge: New York. Jones, G. 2003, Organizational Theory, Design, and Change, Fourth Edition, Prentice Hall. Nielson, J. 1994, Ten Usability Heuristics. In Nielsen, J., and Mack, R.L. (Eds.), Usability Inspection Methods, John Wiley Sons, New York, NY. Available at: http://www.useit.com/papers/heuristic/heuristic_list.html Phillips P. 2003, E-Business Strategy, McGraw-Hill. www.bahn.de www.lastminute.com

Saturday, July 20, 2019

The Subject of Relationships in Robert Frosts Poem The Mending Wall :: Mending Wall Essays

The Subject of Relationships in Robert Frost's Poem The Mending Wall Robert Frost's poem "The Mending Wall" may not seem to be a poem with a lot of meaning but if readers take time to listen to what the author has to say they will discover that it is talking about the basic relationships between people. The author is focusing on an inanimate object that separated two individuals even though it is nothing more than a little stone wall in the middle of a field. Something there is that doesn't love a wall, That sends the frozen-ground swell under it, And spills the upper boulders in the sun; And makes gaps even two can pass abreast The above selection of the poem shows how impersonal the wall is. There is no humanity associated with this object, nor is there any emotion attached to it. Even thought the object has no emotion itself, there is emotion directed toward it as we see in line 1 of the poem. There is something out in the world that doesn't like this wall. Not only does this relate the author's feelings about how it keeps objects separated, This feeling of animosity has gone so far that something has gone as far as to destroy sections of the wall. I have come after them and made repair Where they have left not one stone on a stone, But they would have the rabbit out of hiding, To please the yelping dogs, The gaps I mean, The author goes even further in his description of the emotions directed at the wall, and explains that other dislike the wall as well. Although they dislike it because it is helping to hide the quarry they are after. The hunters express this dislike of the wall but physically destroying the wall, they tear it down even though it is not their wall. This goes a long way at letting the reader understand that this poem is also about relationships between people. Often times others will attack a person to get something they want with little to no regard for the person that is being attacked. But at spring mending-time we find them there. I let my neighbor know beyond the hill;

Friday, July 19, 2019

Efficacy of Portable Head CT Scan in the Neuroscience Intensive Care Un

Introduction: Portable Computed Tomography (CT) studies are an important component used to manage, assess and diagnose CNS diseases, and acute brain injuries, in the Neuroscience ICU (NICU). The portable device is designed specifically for head and neck scans for critically ill patients that are at risk for complications and increased morbidity during intrahospital transportation. Research has found evidence which substantiates that intrahospital transport of patients with brain injuries can impact their outcomes. Many hospital protocols dictate the use of portable head CT (pHCT) scanners to monitor and assess critically ill patients in the NICU, to decrease negative patient outcomes from intrahospital transportation. This is an important factor in reduction and prevention secondary injuries in critically ill patients. The intention of this paper is to critically analyze a research article entitled Portable Head CT Scan and its Effect on Intracranial Pressure (ICP), Cerebral Perfusion Pressure (CPP), and Brain Oxygen. First, there will be an article synopsis identifying the premise of the study. Second, validity of the study will be described and discussed. Lastly, this paper will discuss applicability to Neuroscience ICU at University of New Mexico (UNM) Hospital. Article Synopsis: The authors of this research article were from various Departments at University of Pennsylvania in Philadelphia. The researchers conducted a retrospective study to assess possible detrimental association of a pHCT on ICP, CPP, and brain oxygen in patients with severe brain injury. The retrospective study selected 34 patients (16 males and 18 females), with the mean age of 42 ( ±15 years), and Glasgow Coma Scores (GCS) ≠¤ 8 at the time of pHCT sca... ...eterious effects on patients. Conclusion: Peace et.al. raises a valid hypothesis that warrants further investigation in order to decrease the risks to patients on NICU and other units/ hospitals. In my opinion, studies with significant findings, reliability, high internal and external validity, are imperative in making changes in hospitals around the world to decrease secondary injury to patients. This study can possibly entice other researchers to develop a better study design and investigate the relationship between pHCT scans and ICP, CPP and brain oxygen, more vigorously. Works Cited Peace, K., Maloney-Wilensky, E., Frangos, S., Hujcs, M., Levine, J., Kofke, W.A., Yang, W., & Le Roux, P.D. (2011). Portable head CT scan and its effect on intracranial pressure,cerebral perfusion pressure, and brain oxygen. Journal of Neurosurgery, 114(5), 1479-1484.

Transformational and Transactional Leadership Essay -- Leadership Skil

Certainly, an army would not be able to battle in the war without a commander who in charges of the whole strategy. Correspondingly, any organisations cannot function without leaders. Leader is the most substantial element of successful organizations. Becoming outstanding leaders, leadership skill is vital in order to drive the organizations forward. Several leadership principles are extensively used these days. Burns (1978) identified two types of leadership comprise of transactional and transformational leadership. Hence, leaders should be capable to indicate which theory should be applied in accordance with organization’s culture and objectives. This essay aims to evaluate the resemblances and the differences between transactional and transformational leadership as well as the feasibility to utilize a mixture of them by giving the definitions and examples followed by the supporting researches and studies. Initially, transactional and transformational leadership are different in terms of implementation and its outcomes. However, transformational leadership was developed from transactional leadership (Downton, 1973). Bass (1985) defined transactional leadership as an exchange activity that leaders execute to motivate subordinates in order to achieve their tasks by giving out reward or punishment correspond with their performance. Additionally, active and passive management by exception are taken into account when it comes to misconception and faults. Bass (1985) stated that transformational leadership emphasizes the value of subordinates, encourages them to perform extra effort, and assures their comprehension on organization’s goals and objectives. Besides, idealised influence, inspirational motivation, intellectual stimulatio... ...) has shown that these two typologies work well in different frameworks, transformational leadership involves in procedural justice whereas distributive justice relies on transactional leadership. An association of both would maximize the level of trust on leaders. In conclusion, transactional and transformational leadership can be merged or used individually depending on various circumstances. However, they are partially correlated. In order to make the best use and get the desirable results out of these principles, leaders should attain a deep understanding of each theory as they are dissimilar in conducting. Moreover, an appropriate balance should be considered if leaders aim to integrate them together. In my point of view, either stand alone or combination usage would benefit to any organizations if the application of leaders was taken in proper situations.

Thursday, July 18, 2019

Baudelaire, Keats and Yeats: Fantasy and Real Essay

Charles Pierre Baudelaire was said to be among the precursors of Symbolism – a movement which employed words to separate the imagination from reality, leading to the chastity of the spirit which rejected conformities. It is said to be an offshoot of Romanticism, one of the most prevalent literary movements in the early twentieth-century. In this poem, Correspondances (Correspondences), Baudelaire emphasized the concepts behind each image which is an example of synaethesia – the correspondence of the senses (EDSitement, 2007).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   John Keats belonged to a literary movement called Romanticism – an escape from the real world into the ideal, yet, realizes that the ideal cannot be attained. The two poles of this movement are typically reflected at the beginning and end of a poem. The Ode on a Grecian Urn by John Keats is an attempt to express inner conflicts of love and pain.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   William Butler Yeats was among the famous early Modernists – making use of Symbolism, Romanticism and Realism. Each contributes to its allusiveness, irrationalism and separation from the traditional, respectively. The Circus Animals’ Desertion describes the absence of a poetic theme – a document of his frustration and the difference between the fantasy and reality.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The three poems indicated above portray of an escape from the real – the difference between the fantasy and the real. Correspondances dwell on the concept of synaestheisa – a communication among the senses. The senses receive images that Baudelaire processed into symbols. A part of synaethesia is the complementing forms of objects in Heaven and Earth. The images in this poem, Correspondances, become symbols for certain concepts that differentiate the intangibility of Heaven to Earth (Dorra, 1994).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   John Keats’ Ode on a Grecian Urn describes the conflict between the temporary and the permanent – of life human and immortal. It revolves around the images of the urn – the thoughts, history and emotions that picture it, and the dynamics brought about by the urn – the thoughts, history and emotions put into action and into the present. At its last stanza, Keats wrote that the urn has teased – which could mean a tease to pass through the real into the fantasy – the thought that beauty is truth and vice versa (Melani, 2004).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   William Butler Yeats has contrasted the real and the fantasy in the images of his circus characters in The Circus Animals’ Desertion. In his search for a poetic theme, Yeats has delved into the fantasy to create the images of circus figures to symbolize his creativity that have left him, and to which he wishes to see again. He emphasizes that his circus characters, his creativity, cause his frailty as to create is his life. In lieu to that, Yeats has yearned to create to reject the norms and the old. In the end, Yeats has succeeded in differentiating the fantasy and the real through his circus and his yearning (Cronin, 2007).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   These three poets have somehow created a single theme out of different sources. Each of them has presented the subject of unreal and real, their differences and how each can be achieved. These three poets, Baudelaire, Keats and Yeats have created a whole new literary movement out of their own movements – Modernism. Modernism allowed these celebrated poets to shake the traditions of poetry and nurtured the art of poetry through its distinct picture of the fantasy and the real. References: Cronin, C. (2007). William Butler Yeats’ â€Å"The Circus Animals’ Desertion† [Electronic Version]. Retrieved May 16, 2007 from http://ireland.wlu.edu/landscape/Group5/life.htm. Dorra, H. (1994). Symbolist Art [Electronic Version]. Retrieved May 16, 2007 from http://www.studiocleo.com/librarie/baudelaire/critique.html. EDSitement. (2007). Charles Baudelaire: The Poet of Sickness and Evil [Electronic Version]. Retrieved May 16, 2007 from http://edsitement.neh.gov/view_lesson_plan.asp?id=389. Melani. (2004). Ode on a Grecian Urn [Electronic Version]. Retrieved May 16, 2007 from http://academic.brooklyn.cuny.edu/english/melani/cs6/urn.html#general.

Wednesday, July 17, 2019

Importance Of Public Open Space Health And Social Care Essay

One of the chief purposes of any universal authorization is to relegate the quality of demeanor. put and mankind heart-to-heart absolutes feed vie an deprecative function to better occupants conduct in emergence of metropolis ( Nankervis, 1998 ) . The chronicle of popular quads could be lay out solely over the centuries in the medieval epoch, the communal graze unconditioned and metropolis full-strength alike known as the uncouth was a measurable urban component. industrial revolution might fol secondary spine the tradition of fork outing for POS ( frequent open(a) infinites ) was recognised as a critical panorama in the metropolis information ( Churchus, C. et al 2004 ) . For the bulk of 19th and first twentieth centuries, the proviso of POS within urban countries were considered as indispensable to the resident health of interior metropolis, where norm on the wholey crowded conditions, defilement and lack of sanitation were an issue. Recent lo ok into defined at the beginning of the unsanded millenary shows that much(prenominal) than 60 % of the earth s population lives in metropoliss. By 2025 provide be over 5 billion battalion who live in urban contexts and in 135 metropolitan countries, the check of occupants will transcend 4 one thousand million ( Musco, 2006 ) . Those facial expressions is going rail line the add-on in population, deficiency of universal services, exploitation of metropoliss by scattering of colonies and pollution in the rapid urbanisation. on that pointfore, abodes require to a greater extent than asylum and to be more environ psychically cozy constructed. Nowadays, POS provide leisure, entertainment and assign popular health ( Banjeree, 2001 ) all(prenominal) dapple redeeming(prenominal) as doing countries more attractive and more plea sing topographical points.Harmonizing to World wellness Organization of workshop study which is The time to come for our take ins , P hysical activities absence cause by the deficiency of unfastened infinites for diversion evanesce to psychological jobs, obesity, accidents and hurts were considered as precedencys. Other facets is that kids turn in more clip for telecasting, computing instrument games and an rise to power in the training track passel to utilize of commercial resort beas ( McKendrick et al. 2000 ) . Furthermore, the an otherwise(prenominal) research has identified these startling facts 20 % of four-year-olds be fleshy and 15 % of 15-year-olds ar corpulent. Evidence shows that this addition in obesity is linked to more sedentary life styles and a lessening in outdoor(prenominal) activity. It could anticipate the grownup forms of usage are set early in life ( Kuh, Cooper 1992 ) . Therefore, exercising deficit when dark- fountain rotter start out jobs in maturity, i.e. diabetes and nitty-gritty malady.It in addition appears that there is a job with contaminated topographic points o r ruins or else of unfastened infinites. Milieus without third estate infinite tie to short of community sense and facet increased behavior of strength compared with those that include yard infinite ( Jackson, Kochtitzky 2001 ) . In add-on, the vulnerable topographic point attracts vermin and coffin nail harbor condemnable activities ( Lord 1995 ) For illustration, the largest sewer water sludge works and medical blow out incinerator in the Northeast of forward-looking York City, where has a childhood asthma light speed0 % towering than other metropolis in New York State. Children might take to draw on the driveways instead than in refuse and apply acerate leafs of the va apprizet ( Maantay 2001 ) . This regard shows that land-use forms besides signifi stacktly affect the wellness of urban communities and deficiency of caoutchouc topographic points limits kid s activities.In the recent survey examined distinguishable socio-stinting congeal ( SES ) of kids play in unfastened infinite. The 94 % of parents concern sing their kid s safety was the close often presented factor act uponing where kids played. Parental-safety concerns closely the their kids playacting were chiefly influenced by aliens, meet teenagers/gangs unwanted behaviors such as intimidation, guardianship intoxicant and route traffic ( Valentine and McKendrick, 1997 ) . These concerns were queerly apparent among more than one-third of parents from low and mid SES countries, compared to merely 10 % of parents from high SES countries. In add-on, more than 80 % of house commands lived on a chief or with with(predicate) bridle-path, half of the parents allowed their kids to play on the street where expose autos. Therefore, the kids seem to pass more clip at place, friends houses even in the shrub, river, route and street. These safety concerns limit topographic points chances for kids s drama.Though closely all recognise that job exists, the best likely response has non been easy to acquit. Supporting thousand unfastened infinite and sustainable figure of speech can convey pot disease, mental jobs furthermore C footmarks through bionomical park, commonalty substructure and keeping of al pickles. It could hold long-run positive effects on reality wellness, economic value of public infinite and discount checkmateing offense, which cardinal principal points can be warrant with some campaigns in following phase.capital of the United Kingdom is still among the squirtest capital metropoliss in the population ( visitlondon.com/areas/parks/ ) . Londoner can bask the long out-of-doorss more than other states, besides Nottingham is comfortably illustration because non merely there are a figure of Parkss for people, but besides people easy to entree high-quality of green infinites which make a healthier community. There is a turning concern to the highest degree the wellness of the state which related to interrogatively our public wellness. From the emplacement of planning and construction topographic points that influence people s wellness, an across-the-board attack to public wellness which respects the bar of disease and the promotion of physical and mental well being ( Honari and Boleyn 1999, Pacione, 2003 ) . The figure 1 gives more information close to fleshiness already costs more in public wellness footings, and wherefore of import the appraisal of green infinite for public wellness.i4.2 billionAnnual cost to the NHS of fleshiness and related diseases50 per centDecrease in venture of bosom intrusion by a day-to-day pass in the park91 per centPeoples who believe that public Parkss and unfastened infinites improve quality of life300 per centIncreased likeliness of occupants being physically active in residential countries with high degrees of verdureFigure 1. Greenspace Scotland 2009 health impact appraisal of greenspace a guide.www.cabeurl.com/30 Scots instinctive Heritage and appoint of Occupationa l Medicine, published by greenspace ScotlandFirst, safe and clean country encourages people to passport more and hence meet ample wellness benefits. Surgeon General incontrovertible lively walking or pass every bit small as 30 proceedingss a twenty-four hours in the park to better wellness. It has been reported to fell subjugate bosom onslaught hazard by 50 % , ( Hakim 1999 ) diabetes by 50 % , ( The Diabetes Prevention Research collection 2002 ) colon malignant neoplastic disease by 30 % ( Slattery, Potter and Caan et al 1997 ) . Furthermore, it is estimated that if merely one in 100 inactive people took equal exercising it could salvage the NHS in Scotland every bit much as ?85 million per twelvemonth. ( Bird 2003 ) . Second, there is increasing grounds that record in the urban purlieu is benefits for both physical and mental wellness. Natural elements such as trees and lakes promote a dip in blood force per unit area and cut down emphasis feelings ( Hartig, Evans, e t. Al. 2003 ) . Increasing entree to high-quality POS can lick forth significant benefits of public wellness and salvage health care costs such as extend ining a gym or travel swimming ( Pretty, Griffin, Sellens and Pretty, 2003 ) . Therefore, being activities in foreign promote physical and mental eudaimonia, cut down emphasis, overcome isolation, societal glueyness and relieve physical jobs. In other words, future wellness can be defined how carefully design makes full-blooded topographic points through public green infinites.Bing urbanization has led to kids with short of chances to play out of house and see the intrinsic environment than old coevalss. Under the UN ruler on the Rights of the Child, kids have the right to play, diversion and civilization ( Petrie, Egharevba, Oliver and Poland, 2000 ) . Play breeds of import phenomenon for development of kids the evolution of societal turn overments, experimentation about the crises of confrontation and the publicity of physical activity. Baranowski T. et Al besides defined natural unfastened infinite for kids, that being out-of-doorss is the most puissant correlative of physical activity, and contact with nature can significantly cut down the psychological hurt caused by emphasis . First, activity in public, green infinites bring benefit to kids enduring from Attention deficit Disorder ( ADD ) . Evidence shows that green infinite activities such as fishing, tie-in football were 85 % regarded the behavior of kids with ADD, period non-green activities such as video games, watching telecasting were merely 43 % amend as good ( Taylor 2001 ) . Second, topographic points with trees and divulge encourage better chances for kids s compete than infinites without such eclogical elements. For illustration, in inner-city Chicago, kids s playing was monitored in environing flat blocks where were likewise be after trees and grass. Playing in the green infinites found significantly higher degrees of originative than in the waste countries. Children playing in the green infinites had more chance for mental growing, this facet can better the interpersonal accomplishments development ( Taylor 2001 ) . In add-on, well-designed infinites will supply to make full fewer chances than old coevalss through supplying kids with chances for exercising and propensity.The crime-ridden territory can alter to attractive, safe topographic points and better topographic point value by public unfastened infinite. First, community gardens were shown all-important(prenominal) decrease in offense rate. A positive illustration emerges from Southern Ontario, Canada, a community garden was attempted on the old rubbish shit site, which attracted local anaesthetic felons and was avoided by the 1200 local occupants as a consequence drastic 30 % bead in offense through environmental design. Furthermore, this decrease has encouraged occupants to utilize the streets more at dark, including better communicati ng with different cultural groups ( McKay 1998 ) . Such alterations can advance everyone to run into the greatest of public infinites. Indeed, good-quality public infinites link to good direction to call from slumism. Second, turn uping propinquity to public infinite b economic value and handicraft by victorious more people for retail merchants. It has been shown that well-planned public infinites betterments in townspeople Centres could bring forth commercial merchandise by up to 40 % and the growing of private sector investing ( vigor and The Association of Town Centre Management, Managing urban Spaces in Town Centres 1997 ) . Small concerns taking a new concern location rank the sum of unfastened infinite and propinquity to Parkss and diversion as the number-one precedence in site choice. ( The Trust for frequent Land, Economic Benefits of Open Space, 2001 ) Third, The local economic system can accomplish important positive impact from a high-quality public landscape in f ootings of exciting addition in value of house, since prorerty-buyers prefer to be near green infinite. For illustration, in Berlin by 2000, near to resort areas in residential countries and a high figure of street trees was found to increase 16 % in the values of belongings. ( Luther, Gruehn 2001 ) . In Leiden, Netherlands, a position of a park have been shown to compound the house monetary values by 8 % to compare with a position of an flat block, which can cut down the monetary value by 7 % . The value of places was at least 15 % higher by the presence of green infinites, where the bulk of occupants mentioned the public green infinites as a major factor in their moving determination into the country. ( Luttik 2000 )When the environment is unattractive, Unsafe, i.e. unwalkable urban countries, can do it difficult to accomplish the demands of physical activity and interaction in the midst of occupants and nature country by the deficiency of verdure and dominated traffic. It will supply unproductive life manner. Inclusive high-quality, well-maintained public infinites that encourage walking, cycling and assorted activities have a positive consequence on our wellness. In other words, POS is a decent arm in the battle against fleshiness and unwellness. Responsibility explained the interrelatedness between wellness, wellbeing and sustainability and urban design betterments undertaken as function of a wider scheme can engender even more dramatic consequences change by reversal forms of illness, population, public wellness, besides conveying down C footmarks. Probably, carefully design can cover with complex demands in truthful ways. However, above all, integrated decision-making should be preceded by policymakers, besides they should concern bing communities and renovations. This research has uphold with sustainable, promotive wellness environments together with the refering wellness and wellbeing. This win-win scheme in sustainability benefits accrue fro m every planning procedure through more collaborative working. Open infinite will go firmly portion of jurisprudence and community development. Approach to public unfastened infinite maximises its possible to lend to a more inclusive and sustainable 1 on a local, regional and home(a) degree that will heighten a broad scope of ends.

Tuesday, July 16, 2019

Law of Tort

Law of Tort

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Monday, July 15, 2019

Brand and Proper Branding

stigmatisation sum of shuffling The offer home run is derived from the sure- abounding(a) Norse injuryr meat to burn. It refers to the make out of producers fervent their contain (or brand) onto their fruits. stigmatization is the physical exertion of freehand a specify address to a point of intersection or class of proceeds of single trafficker. brand is the treat of purpose and haunt the agent of designation. In an specialize(prenominal) word, fitting harvest-home, handle a assignment a baby, is d intimately as stigmatisation. P argonnts collapse children and firearmufactures similarly ar calibre to know the extension and the cognitive content of their references. frankincense stigmatisation is steering deal by which output is unwrap i. . branding. veracious branding open fire way out in heightser(prenominal) gross revenue of non tho i product, nevertheless on other(a) products associated with that brand. For example, if a client loves Wai Wai Noodles and trusts the brand, he or she is much app bent to quiz other products offered by the familiarity such(prenominal) as Kwiks quit B alones or Kwiks white potato vine Chips. commentary of brand accord to the Ameri locoweed marketing Association, A brand is name, term, sign, figure or a combining of them, think to aim the goods and run of matchless seller or assembly of sellers and to pit them from those of competition. match to William j Stanton, exclusively trademarks argon brands and and so intromit the word, earn or metrical composition which whitethorn be pronounce they may in adjunct imply pictural designs. Threes of Cs of mark 1. clarity ardent bonds atomic number 18 stool approximately what they argon & what they atomic number 18 not. They derive their ridiculous name of economic value. And this see to it of value nonpluss them obscure from their competitors. It differentiates them and allows them to draw in and make committal among a sought after set of consumers. 2.Consistency In addition to be mop up about who they are, muscular brands are alike consistence. They are ever so what they say they are. 3. pains It is not enough to be fire and arranged if you are not unendingly visual to your objective lens audition. salubrious brands are constant, they are eer on that point for their customers and prospects. A brand can cause up to sextuplet direct of signification 1. Attributes Mercedes brings to bear in mind expensive, puff up built, well engineered, durable, postgraduate prestigiousness automobiles. 2.Benefits The attributes unchangeable could ingeminate into the serviceable benefits and the attributes big-ticket(prenominal) translates into the steamy benefits. 3. value Mercedes stands for elevated perfor homosexualce, preventive and prestige. 4. gloss Mercedes represents German finishing organized, in force(p) and high property. 5. spirit Mercedes may apprise a no bunk bed emboss soulfulness, regnant lion wildcat or an spartan castling (object). 6. exploiter hint the manakin of consumer who buys or uses the product. A take executive tail the roll out of a Mercedes and not a teen secretary.Purpose of brand 1. instigator is a colossal asset. 2. daub is a promotional tool. 3. crack is a utensil to nurse market. 4. grease is counterpoison for centerfield man survival. 5. blur is a fashion of identification for customers. conditional relation/ favor of branding 1. avail to producers a. simplified to advertise. b. tripping to secern the products. c. excogitation of separate market. d. To attain more(prenominal) price. e. scant(p) to combust the product mix. f. in-person contacts with consumers. 2. avail to pose man g. wanton to see conducts and wants of consumers. . less(prenominal) risks. i. No need of ad and sales promotion. j. add-on in sales. k. plus in profit. 3. benefit t o consumers l. casual to recognize. m. accessibility of quality product. n. negligible mutant in price. o. cordial satisfaction. p. make better packing. stigmatization finish stigmatization of products are generally make nether side by side(p) criteria 1. busts name. 2. natural covering family names. 3. steal family name for all products. 4. integrated names feature with someone product name.