Wednesday, July 31, 2019

Weathering and Erosion

Weather is the state of the atmosphere at a given time and place, with respect to variables such as temperature, moisture, wind velocity, and barometric pressure. Weather can be classified as day to day temperature and precipitation activity, where climiate is average atmospheric conditions over longer periods of time. Weather occurs from temperature and moisture differences between one place and another. These differences can occur due to the sun angle at any particular spot. The strong temperature contrast between polar and tropical air gives rise to the jet stream. Weather systems in the mid-latitudes, such as â€Å"extratropical cyclones†, are caused by instabilities of the jet stream flow. Because the Earth's axis is tilted relative to its orbital plane, sunlight is pointed at different angles at different times of the year. On Earth's surface, temperatures usually range from 0-100 degrees farenheit annually. Over thousands of years, changes in Earth's orbit affect the amount and distribution of solar energy received by the Earth and influence long-term climate Surface temperature differences in turn cause pressure differences. Higher altitudes are cooler than lower altitudes due to differences in compressional heating. Weather forecasting is the application of science and technology to predict the state of the atmosphere for a future time and a given location. The atmosphere is a chaotic system, so small changes to one part of the system can grow to have large effects on the system as a whole. Human attempts to control the weather have occurred throughout human history, and there is evidence that human activity such as agriculture and industry has inadvertently modified weather patterns. Studying how the weather works on other planets has been helpful in understanding how weather works on Earth. A famous landmark in the Solar System, Jupiter's Great Red Spot, is an anticyclonic storm known to have existed for at least 300 years. However, weather is not limited to planetary bodies. A star's corona is constantly being lost to space, creating what is essentially a very thin atmosphere throughout the Solar System. The movement of mass ejected from the Sun is known as the solar wind. On Earth, common weather phenomena include wind, cloud, rain, snow, fog and dust storms. Less common events include natural disasters such as tornadoes, hurricanes, typhoons and ice storms. Almost all familiar weather phenomena occur in the troposphere (the lower part of the atmosphere). Weather does occur in the stratosphere and can affect weather lower down in the troposphere, but the exact mechanisms are poorly understood. Weather occurs primarily due to density (temperature and moisture) differences between one place to another. These differences can occur due to the sun angle at any particular spot, which varies by latitude from the tropics. In other words, the farther from the tropics you lie, the lower the sun angle is, which causes those locations to be cooler due to the indirect sunlight The strong temperature contrast between polar and tropical air gives rise to the jet stream. Weather systems in the mid-latitudes, such as extratropical cyclones, are caused by instabilities of the jet stream flow (see baroclinity). Weather systems in the tropics, such as monsoons or organized thunderstorm systems, are caused by different processes. Because the Earth's axis is tilted relative to its orbital plane, sunlight is incident at different angles at different times of the year. In June the Northern Hemisphere is tilted towards the sun, so at any given Northern Hemisphere latitude sunlight falls more directly on that spot than in December (see Effect of sun angle on climate). This effect causes seasons. Over thousands to hundreds of thousands of years, changes in Earth's orbital parameters affect the amount and distribution of solar energy received by the Earth and influence long-term climate. see Milankovitch cycles). Uneven solar heating (the formation of zones of temperature and moisture gradients, or frontogenesis) can also be due to the weather itself in the form of cloudiness and precipitation. Higher altitudes are cooler than lower altitudes, which is explained by the lapse rate. On local scales, temperature differences can occur because different surfaces (such as oceans, forests, ice sheets, or man-made objects) have differing physical characteristics such as reflectivity, roughness, or moisture content. Surface temperature differences in turn cause pressure differences. A hot surface heats the air above it and the air expands, lowering the air pressure and its density. The resulting horizontal pressure gradient accelerates the air from high to low pressure, creating wind, and Earth's rotation then causes curvature of the flow via the Coriolis effect. The simple systems thus formed can then display emergent behaviour to produce more complex systems and thus other weather phenomena. Large scale examples include the Hadley cell while a smaller scale example would be coastal breezes. The atmosphere is a chaotic system, so small changes to one part of the system can grow to have large effects on the system as a whole. This makes it difficult to accurately predict weather more than a few days in advance, though weather forecasters are continually working to extend this limit through the scientific study of weather, meteorology. It is theoretically impossible to make useful day-to-day predictions more than about two weeks ahead, imposing an upper limit to potential for improved prediction skill. Chaos theory says that the slightest variation in the motion of the ground can grow with time. This idea is sometimes called the butterfly effect, from the idea that the motions caused by the flapping wings of a butterfly eventually could produce marked changes in the state of the atmosphere. Because of this sensitivity to small changes, it will never be possible to make perfect forecasts. Weather has played a large and sometimes direct part in human history. Aside from climatic changes that have caused the gradual drift of populations (for example the desertification of the Middle East, and the formation of land bridges during glacial periods), extreme weather events have caused smaller scale population movements and intruded directly in historical events. One such event is the saving of Japan from invasion by the Mongol fleet of Kublai Khan by the Kamikaze winds in 1281. French claims to Florida came to an end in 1565 when a hurricane destroyed the French fleet, allowing Spain to conquer Fort Caroline. More recently, Hurricane Katrina redistributed over one million people from the central Gulf coast elsewhere across the United States, becoming the largest diaspora in the history of the United States. Weather forecasting is the application of science and technology to predict the state of the atmosphere for a future time and a given location. Human beings have attempted to predict the weather informally for millennia, and formally since at least the nineteenth century. Weather forecasts are made by collecting quantitative data about the current state of the atmosphere and using scientific understanding of atmospheric processes to project how the atmosphere will evolve. Once an all-human endeavor based mainly upon changes in barometric pressure, current weather conditions, and sky condition, forecast models are now used to determine future conditions. Human input is still required to pick the best possible forecast model to base the forecast upon, which involves pattern recognition skills, teleconnections, knowledge of model performance, and knowledge of model biases. The chaotic nature of the atmosphere, the massive computational power required to solve the equations that describe the atmosphere, error involved in measuring the initial conditions, and an incomplete understanding of atmospheric processes mean that forecasts become less accurate as the difference in current time and the time for which the forecast is being made (the range of the forecast) increases. The use of ensembles and model consensus helps to narrow the error and pick the most likely outcome. There are a variety of end users to weather forecasts. Weather warnings are important forecasts because they are used to protect life and property. Forecasts based on temperature and precipitation are important to agriculture, and therefore to commodity traders within stock markets. Temperature forecasts are used by utility companies to estimate demand over coming days. On an everyday basis, people use weather forecasts to determine what to wear on a given day. Since outdoor activities are severely curtailed by heavy rain, snow and the wind chill, forecasts can be used to plan activities around these events, and to plan ahead and survive them. Studying how the weather works on other planets has been seen as helpful in understanding how it works on Earth. Weather on other planets follows many of the same physical principles as weather on Earth, but occurs on different scales and in atmospheres having different chemical composition. The Cassini–Huygens mission to Titan discovered clouds formed from methane or ethane which deposit rain composed of liquid methane and other organic compounds. Earth's atmosphere includes six latitudinal circulation zones, three in each hemisphere. In contrast, Jupiter's banded appearance shows many such zones, Titan has a single jet stream near the 50th parallel north latitude, and Venus has a single jet near the equator. Weather events influence biological processes on short time scales. For instance, as the Sun rises above the horizon in the morning, light levels become sufficient for the process of photosynthesis to take place in plant leaves. Later on, during the day, air temperature and humidity may induce the partial or total closure of the stomata, a typical response of many plants to limit the loss of water through transpiration. More generally, the daily evolution of meteorological variables controls the circadian rhythm of plants and animals alike. Living organisms, for their part, can collectively affect weather patterns. The rate of evapotranspiration of forests, or of any large vegetated area for that matter, contributes to the release of water vapor in the atmosphere. This local, relatively fast and continuous process may contribute significantly to the persistence of precipitations in a given area. As another example, the wilting of plants results in definite changes in leaf angle distribution and therefore modifies the rates of reflection, transmission and absorption of solar light in these plants. That, in turn, changes the albedo of the ecosystem as well as the relative importance of the sensible and latent heat fluxes from the surface to the atmosphere. For an example in oceanography, consider the release of dimethyl sulfide by biological activity in sea water and its impact on atmospheric aerosols.

Tuesday, July 30, 2019

The Hohokam vs. Mesopotamian Culture

Hohokam Culture (Pueblo Grande) Comparative Review (Short Comparative Essay) The Hohokam culture is in many ways similar to that of Ancient Mesopotamian culture. Much like the Pueblo Grande site, people of the Ubaid Period in ancient Mesopotamia built elaborate canal systems, groups of residential houses, and centralized buildings (such as â€Å"great houses† or other public buildings). Besides architecture, cultural practices shared by the two groups can be seen in early burial practices, games and agriculture.The canal system of the Hohokam matches a large portion of the prehistoric canals that predated their arrival. Much like the Hohokam, the ancient Mesopotamians built elaborate canals that were focused for irrigation and central water collection in similar arid desert environments. This supplied infrastructure for the development of the two cultures as a collective for village/city organization. The labor involved with building, operating and maintaining these canals req uired thousands of people.Craft production and agriculture among the Hohokam and Mesopotamian peoples was an important part of economy and trade. Agriculture dominated the growth of both cultures. Canal systems, as mentioned before, were used to irrigate crops enabling the cultures to sustain life in harsh arid environments. Architecture: the Hohokam built caliche adobe houses that surrounded the village centre which might contain a public building or a â€Å"great house† as we see at the Pueblo Grande site.In Mesopotamian sites, great ziggurats and other mudbrick public buildings were the focal point of the city. Residential houses surround these centres, whether occupied by elite members or commoners. Other public buildings or architecture that is similar can be seen in that of areas where games and ceremonies were held. The Hohokam created ball courts that were alternatively used for trading centers. In Mesopotamia, they played majore, which is a game similar to that of Ru gby where masses would gather and watch as a collective.Burial Practices: in both Hohokam and Mesopotamian (city-states such as Surghal and El-Hibba) cultures, cremation was an early burial practice. Though inhumation later replaced this practice, it served as a vital religious act in care of their dead. In summary; I feel that given more time to research both of these cultures, I could find more similarities of the two. Regardless of the time and distance that separate them both, there are striking parallels.

Monday, July 29, 2019

Targets Marketing Strategy Essay Example | Topics and Well Written Essays - 1250 words - 1

Targets Marketing Strategy - Essay Example This paper declares that Kotler defined marketing information system (MIS) as â€Å"a continuing and interacting structure of people, equipment and procedures to gather, sort, analyze, evaluate, and distribute pertinent, timely and accurate information for use by marketing decision makers to improve their marketing planning, implementation and control†. It means that MIS is all about gathering useful customer data that can be useful on the part of the managers when making important marketing decisions, planning, organizing, coordinating, and controlling significant marketing activities. According to the paper in the case of Target, the use of MIS has a significant impact over the development of its marketing research and market segmentation strategy. Since Target’s prospective customers are the pregnant women, the customer information gathered by the company’s MIS enabled the manager learn more about its target consumers’ product preferences, specific wants, and purchasing habits and behavior. By tracking down the buyers’ history of purchasing habit, the company was able to forecast specific products that are suitable for the specific needs of its valued customers. In general, keeping the company’s target consumers satisfied with the products they purchase from a retailing company is one of the main factors behind the success of Target. To ensure that the company’s prospective buyers will remain loyal with the brand, Target decided to market its consumers’ products using market segmentation and the marketing mix.

Sunday, July 28, 2019

Comparing the school of thought Essay Example | Topics and Well Written Essays - 2000 words

Comparing the school of thought - Essay Example Vision is the central concept of this school of thought (Pearce, and Robinson, 2004; Sadler & Craig, 2003). This vision of course emanates from a leader who formulates the appropriate strategy to attain fulfilment of the former. This strategy formulation happens to use the leader’s intuition, wisdom, experience, judgement, and insight (Mckenna, R. et al, 2007). This presupposes that that the strategy should exist in the mind of the leader in the form of a vision of the organizations future. The leader accomplishes the strategy design using partly aware process. With the leader being heavily guided by the vision single-mindedly and he should keep close control over implementation, reformulating it as necessary (Sadler & Craig, 2003). A leader cannot be called as such without followers. Combine the leader and his or her followers, and a group is created. Something must however bind the members and the leader and such wonderful link is called a culture. Thus, organizations should have a culture or an evidence of shared belief. An organizational culture is therefore defined as the shared belief of persons in the business entity (Sadler & Craig, 2003; Wilcox, 1998; Franklin & Baun, 1995) which these people reflect in their traditions and habits. This would explain the presence of ore tangible manifestations like signs, logos, symbols, uniform, one flag and even design of building or facilities to reflect a common understanding on some (Sadler & Craig, 2003). The best example of having common belief is a church whose members have someway doing things which they themselves give significance. When applied to business organization, culture is thus viewed as a separate school of thought from entrepreneur. Based on this background, it must be easy to see the strategy formulation as a process of social interaction using the shared beliefs and values of the members of the organization to

Project 3 Assignment Example | Topics and Well Written Essays - 1750 words

Project 3 - Assignment Example n.d.). Beryl or 3BeOÂ ·Al2O3Â ·6SiO2 is one of the most valuable and famous mineral in the Beryllium family. It is a hard and relatively light mineral found in granitic rocks, pegmatites, mica schists, and similar environments. Beryl is usually milky and translucent with a greenish color however pure Beryl is clear and transparent, where small amounts of impurities add to its attractive color (Beryllium. n.d.). Diamond is one example of carbon mineral which has many unequaled qualities among other minerals. It is the hardest known substance, a great conductor of heat, and one that has the highest melting point. The luster of Diamond is excellent. It exhibits a shiny and polished look with proper cutting (Diamond: The mineral Diamond information and pictures. n.d.). Bararite is one example of a Nitrogen mineral. It is a natural form of ammonium fluorosilicate that has a chemical formula (NH4)2SiF6 and a trigonal crystal structure. It was classified as a part of cryptohalite. Bararite was named after the place where it was first described, Barari, India. It was found at the fumaroles of volcanoes over burning coal seams. Bararite is a mineral that is formed with cryptohalite, sal ammoniac, and native sulfur (Bararite - Wikipedia, the free encyclopedia. n.d.). Fluorite is one example of a Fluorine mineral which is known for its glassy luster and rich variety of colors. It comes in purple, blue, green, yellow, brown, pink, black, reddish orange colors and sometimes colorless. Because of this, it is deemed as the most colorful mineral in the world. Most specimens of fluorite have a single color but a significant percentage of fluorites have multiple colors arranged in bands depending on the shape of the fluorite crystals. Typically, fluorites are shaped as cubes where it has a clear outer zone. One crystal fluorite can have four or five different colors (Class.

Saturday, July 27, 2019

Answer Critical Question about The Acute Effects of Humor and Exercise Essay

Answer Critical Question about The Acute Effects of Humor and Exercise on Mood and Anxiety - Essay Example Based on this information, the author is able to develop new variables which to study based on the hypothesis which has been developed form previous studies. The study design is a quasi-experimental design. This is because there are experiments which are being performed upon the participants but there is not control group, which is normally the case in true experimental design. The interventions are being applied to assess the outcome. The sampling design was non-randomised as the participants were selected with certain specifications which the researcher desired. The specifics of the participants imply that non-random approaches were utilised in the sampling of the participants. The number of participants which was utilised within the context of this research appears sufficient to achieve the desired purpose of the research. This is mainly because previous studies which had been carried out consisted of relatively smaller number of participants and still yielded reliable results. Ecological validity is the capability for a study to be able to approximate the real world requirements in terms of materials, methods and setting. The author sought to maximise ecological validity through not information the participants about their experiments to ensure that there is no bias as a result of perceptions and expectation The author ensured there is treatment fidelity through ensuring the comfort of the participants by adherence to the required regulation the quantity and exposure of the participants to the treatment has also been limited for the safety of the

Friday, July 26, 2019

The Struggle Of The Free Papua Movement Research Paper

The Struggle Of The Free Papua Movement - Research Paper Example Their public statement has been quoted as saying, "We are not terrorists! We do not want modern life! We refuse any kinds of development: religious groups, aid agencies, and governmental organizations just Leave Us Alone, Please!"8 OPM has also been a strong opponent of the transmigration policy of Indonesian government by which migration of non-natives to West Papua was encouraged.9 The way OPM has organized and mobilized itself in the course of its history is a unique social phenomenon and it has been often observed that about 80 to 90 percent of Papuan people had their sympathies with the OPM.10 But it has always been the common people who have carried forward the resistance movement as they constituted the soldiers of this freedom army.11 The Act of Free Choice, the consultation exercise conducted by the Indonesian government under the monitoring of the UN, that attached West Papua to Indonesia officially, was later criticized as being a farcical exercise.12 King has called it, à ¢â‚¬Å"an outrageous exercise in duplicity, intimidation, and coercion on Indonesia’s part.†13 In 1971, OPM declared the formation of an independent Republic of West Papua.14 The organization, since its inception until the recent times, had depended mainly on Guerilla warfare, by making thick forests its hideouts.15 In 1977, OPM militants sabotaged the fuel and slurry transportation of the Indonesian mining company, Freeport Indonesia by cutting pipelines, as the company did not heed OPM’ demands of extortion.16 This mining company was given a free hand by the Indonesian government to exploit the rich copper and gold resources of the Southern Papuan highlands.17 And this mining industry contributed to about 50% of the GDP of Indonesia.18 In 1977, the Papuans under the leadership of OPM also refused to vote in the second general elections.19 In this way, the struggle of OPM has many dimensions- economic, ethnic, environmental, and political. Figures have shown that â€Å"100000 Papuans or ten percent of the Papuan population has been killed by Indonesian troops since Indonesia gained control of the territory.†20 This shows how repressive and cruel the measures taken by the Indonesian government to defeat the resistance of OPM have been. It was in this light that in 1982, OPM set up a subsidiary organization, OPM Revolutionary Council (OPMRC) to promote its demand for independence through international diplomatic interventions.21 It was since 1998 that OPM began to participate in public political dialogues.

Thursday, July 25, 2019

Evaluation of Engineering Markets Assignment Example | Topics and Well Written Essays - 2000 words

Evaluation of Engineering Markets - Assignment Example From this study it is clear that about 200 million motorbikes are currently in use as a mode of transport in different countries across the globe. This accounts for about 33 motorbikes for every 1,000 persons. Research also indicates that third world countries in the Asian continent lead in terms of motorbike usage, which stands at about 58% with the exception of Japan where cars still lead as the preferred mode of transport. China, for example, had about 54 million motorbikes by 2006 that were already in use. At the same time, China’s motorbike production currently stands at about 22 million per year. China is followed closely by its neighboring India where an estimated 37 million motorbikes are in use.This paper outlines that  European countries where the use of motorbikes has widely been embraced. In this regard, it is reported that nowadays a majority of the U.K. citizens used motorbikes as a means of transport. In fact, it is said that one hardly walks for more than a m ile before coming across a motorbike in the U.K. today. The number is also expected to increase as more people continue to embrace the use of motorbikes as a mode of transport in the U.K.  One such is the motorbike test law, which is aimed at encouraging additional training among young riders. This new legislation has changed the rules for obtaining a motorbike license in the U.K.  despite resistance by the British government arguing that the new legislation being imposed by the European Union is very complex and not achievable.

Wednesday, July 24, 2019

Applying the Doctrines of Entrapment and Outrageous Government Conduct Essay

Applying the Doctrines of Entrapment and Outrageous Government Conduct - Essay Example The need to balance the demands of law and order, on the one hand, and the rights of the accused to due process on the other, is the central dilemma that undergirds the debate. Fortunately, there are cases where the facts are of such clarity that it is not difficult to come up with a ruling that can be justified by both jurisprudence and the principles of the Constitution. It is respectfully submitted that this case is one of them. Based on the facts of the case, there is enough legal basis to rule in favor of the accused and grant his acquittal on the basis of the defense of â€Å"outrageous government conduct.† Outrageous government conduct The notion that behavior of state agents that â€Å"shocks the conscience† could constitute a violation of the right to due process of the accused and consequently, could secure the dismissal of the charges against him was first laid down in the case of Rochin v. California [342 us 165 (1952)]. In that particular case, the officers forcibly induced the accused to vomit capsules that they believed to be containing drugs. This decision served as the progenitor of the defense of â€Å"outrageous government conduct†, which essentially provides an extraordinary defense to the accused in a situation wherein the police had acted in an appalling, reprehensible manner that violated basic precepts of justice and decency. This was further refined in the case of United States v. Russell(1973):   "[W]e may someday be presented with a situation in which the conduct of law enforcement agents is so outrageous that due process principles would absolutely bar the government from invoking judicial processes to obtain a conviction (citing Rochin v. California, 342 U.S. 165. It must be underscored that only extremely exceptional cases should be considered here. A mere failure to disclose one’s role as an undercover informer does not come under the definition of outrageous conduct, as in the case of Hoffa v. United States [385 US 293 (1966)], nor does using an assumed name and identity in conducting at telephone transaction, as in the case of Lewis v. United States [385 US 206 (1966)]. In this case, while there is no showing that physical violence was employed against the accused, the behavior of the police officer Friday was equally egregious. He had practically forced the accused to commit the crime that he wanted him to commit, in a desperate attempt to have some output for his superiors who were expecting him to bust a drug ring. It must be noted that the criminal charges were for the possession of eight ounces of cocaine and conspiracy to distribute the same. The eight ounces of cocaine only came about because he forced the accused to get the other 4 ounces on credit, when the accused only wanted 4 ounces. But even more reprehensible is the use of Jane, who Friday knew to be someone that Bob had an eye for. The only reason that Bob was persuaded to proceed with the transaction was becaus e Friday deployed Jane to tell him that she would go home with him if he had the cocaine. It is even more reprehensible that Friday had engaged in sexual relations with this woman whilst undercover in his job, and using her to achieve his ends. This kind of behavior is truly galling and deserves reproach. Entrapment In truth, it may even be argued that the defense of entrapment is available to Bob. The Supreme Court makes a distinction between the defense of entrapment and the defense of outrageous government conduct, a distinction which was laid down in the case of Hampton v. United States [425 US 484 (1976]. The defense of entrapment employs a subjective standard, it means that for the defense to be available to the accused, he has to

Tuesday, July 23, 2019

Contract Exemption Clauses and Unfair Terms Essay

Contract Exemption Clauses and Unfair Terms - Essay Example Julia and Dave were, on the other hand, unable to negotiate the contractual terms when presented to them. As such the organization exercised its strength through a weak contract and choosing on their own where to deliver the Super U boat contrary to what was agreed between them and Julia. Being the weaker party in this contractual arrangement, Julia and Dave they opt to hire a crew in order to re-deliver the boat to their desired Hamble destination at an extra cost of ?900 instead. However, the law through the courts settles a common playing field for either parties. Sun searchers may have to prove to the court that Dave and Julia specifically agreed to the two exclusion clauses that appear to be unreasonable, and for consenting to the delivery of the boat delivered to an alternate destination. This is in line with the provisions of Unfair Contract Terms Act [1977]; that contract cannot be altered unilaterally, in this case by SunSearchers, without the consulting Julia and Dave as th e other party. This was not followed by Sunsearchers. In addition, the Act also provides that exemption clauses have to be  reasonable, or else be deemed void by a court. ... The seller breached the agreement. ii) Julia and Daves liability in respect of the damage to the Sunharvest Contrary to the doctrine of privity where a third party like Sunharvest had no right to the benefits conferred in a contract, the Contracts (Rights of Third Parties) Act [1999]  allows for this. Under this Act, Sunharvest can explore and seek legal remedies for the damages, as well as sue for breach of contract. There are, however, limitations as to how a contract can be changed without the consent of the third party involved. iii) Whether Julia Will Be Able To Claim Against Sunsearchers Ltd In Respect Of The Personal Injuries Sustained Following The Malfunction Of Their SuperU   By virtue of signing the contract it may be argued that Julia consented to the terms therein. This is in accordance to the cases of Parker v South Eastern Railway  and as well as L’Estrange v Graucob , where it ruled by the court that : in the absence of fraud, or misrepresentation, the pa rty signing a contractual document is bound by it whether he or she has read the document or not. However, the Misrepresentation Act 1967, The Unfair Contract Terms Act 1977 and the The Unfair Terms in Consumer Contracts Regulations 1999, accords Julia the right to claim against Sunsearchers Ltd in respect of the personal injuries sustained and even. According to the Acts, misrepresentation in any manner goes towards negating her consent to one or more terms of the document. Equally, the contract can be annulled by the court in her favour if can prove that the contract was tainted with fraud or misrepresentation. The fact that the exclusion clauses in the contract were partially replicated in the invoice which the Julia had signed suffices grounds for misrepresentation. In line with the

Race in the study of food Essay Example for Free

Race in the study of food Essay â€Å"Local food advocacy is a political and moral discourse that is meant to provide the foundation for understanding local food networks as sites of resistance against the norms and power of globalized industrial foodways† (Daston, 2017). Daston is correct â€Å"in her philosophy because, in various and dispersed traditions, nature has been upheld as the pattern of all values, the good, the true, and the beautiful.† (Daston, 2017) â€Å"There is nothing new about the link between nature and necessity, nor with the exculpatory inferences drawn from such links. † (Daston, 2017). In the first section of the paper, she describes local food advocacy as having a political and moral discourse that is meant to provide the foundation for understanding local food networks as sites of resistance against the norms and power of globalized industrial foodways. She explores the use of the concept of â€Å"nature† and the â€Å"natural† in local food discourses with a number of examples of local food advocacy in an attempt to decipher the meaning of the â€Å"natural† in the discourse. Portman (2014) discovers that a cluster of implicit concepts which are uncritically assumed to be earth-based, family-based, and feminine-based; these bases are also assumed to be unproblematic.† (Portman, 2014 Daston asserts that â€Å"the moral dimension of local food discourse, in general, is encompassed in the conviction that there are ethical and unethical ways by which our food can be produced, distributed and consumed.† (Daston, 2017). â€Å"It is only within this modern framework that we can make sense of the naturalistic fallacy, both its confusions and its tenacity. The naturalistic fallacy and its barnacle-like accretions assume what Frankena called a â€Å"bifurcation ontology† that prohibits commerce between the two immiscible realms. Repeated efforts on the part of monists of both materialist and idealist persuasion to dissolve the dichotomy in favor of one or another realm have only reinforced its binary logic† (Daston, 2017, p.581). Portman’s (2017) decision to delve into the ethics of local food advocacy is a timely decision as words such as organic, healthy, and farm-fresh have become a part of the mainstream vernacular. While it may seem random to popular culture.† (Portman, 2017, p. 4). His ideology supports a long-held belief that humans make their food choices based on financial ability. However, it is reckless to say that a single mother of four will make â€Å"everyone’s agreed upon† morally sound decision when trying to determine how to feed her children with her last $20. While politics and economics dictate the type of food presented to various populations and demographics, morality is a luxury that only those who have the time to debate it can afford. â€Å"In this context, the concept of the â€Å"natural† is frequently and uncritically invoked to argue for the ethical significance of participating in and advocating for local food networks. This is problematic in that the dualistic framework serves to obscure many actual complexities within the â€Å"natural† and the â€Å"local† themselves, and in their relationships with their counterparts, the â€Å"cultural† and the â€Å"global.† Thus, by leaving unquestioned certain assumptions about the meaning of the â€Å"natural† and how that meaning was constructed, local food advocacy is not as resistant as it might otherwise be.† (Portman, 2014) Datson (2014), on the other hand, supposes that the idea of morality having a direct influence on decisions regarding nature is a modern phenomenon. This notion supports the theory that these philosophical examinations are only able to be discussed because humans now have the knowledge and time, thanks to modern technology, to make these assumptions. Datson (2014) defined nature as, â€Å"everything in the universe (sometimes including and sometimes excluding human beings), to what is inborn rather than cultivated, to the wild rather than the civilized, to raw materials as opposed to refined products, to the spontaneous as opposed to the sophisticated, to what is native rather than foreign, to the material world without divinity, to a fruitful goddess, and to a great deal else, depending on epoch and context† (Portman, 2014) (p. 582). The lack of a universally accepted definition of the term they are trying to define speaks to the logical flaw that we cannot discount anything that we do not yet understand. It argues that just because something is natural it must be good. We act against nature all the time with money, vaccination, electricity, even medicine. In the same sense, many things that are natural are good, but not all unnatural things are unethical which is what the naturalistic fallacy argues. Both articles show a bias for people who have a choice. A choice to choose what they eat, a choice to carefully examine what they are able to consume, both physically and mentally, and a choice to act on their desires. According to the â€Å"Center for Disease Control (CDC), Non-Hispanic blacks have the highest age-adjusted rates of obesity (48.1%) followed by Hispanics (42.5%), non-Hispanic whites (34.5%), and non-Hispanic Asians (11.7%)† (2017).† The CDC also reported that â€Å"obesity decreased by the level of education. Adults without a high school degree or equivalent had the highest self-reported obesity (35.5%), followed by high school graduates (32.3%), adults with some college (31.0%) and college graduates (22.2%)† (2016). The populations represented in these reports are often plagued by a lack of choice due to political agendas and systemic oppression. Without using these statistics to inform their theories, the authors have left out a demographic who would benefit the most from these findings. Portman (2017) and Daston (2014) have continued a discussion that has been argued for centuries. Portman (2017) provides an action-based solution to the posed questions and the stance it takes, while Daston (2014) attempts to break down a concept that has not been generally agreed upon. Both articles, when referenced wisely, can begin the movement of a positive change in the relationship between our decision-making and our food. References Daston, L. (2017). The naturalistic fallacy is modern. The History of Science Journal, The University of Chicago Press, 105(3), 579-587. doi:10.1086/678173. Overweight and Obesity. (2017). Adult Obesity Facts. Retrieved from https://www.cdc.gov/obesity/data/adult.html Overweight and Obesity. (2017). Adult Obesity Prevalence Maps. Retrieved from https://www.cdc.gov/obesity/data/prevalence-maps.html Portman, A. (2014). Mother nature has it right: Local food advocacy and the appeal to the â€Å"natural.† Ethics and the Environment, 19(1), 1-30. Doi: 10.2979. http://www.journals.uchicago.edu/doi/10.1086/678173 https://muse.jhu.edu/article/547343/summary https://muse.jhu.edu/article/547343/pdf https://www.cdc.gov/socialdeterminants/archive/

Monday, July 22, 2019

Consumer Credit Scheme Essay Example for Free

Consumer Credit Scheme Essay Executive Summary Internship is an essential part of BRAC universities BBA program. As per the requirement of the BRAC University I have to perform 90 days or three months internship which will help to prove my potentiality in the practical field. I achieved the opportunity to prove the potentiality, which has given by the Prime Bank Ltd. to commence my internship in the motijheel branch from 27th January to 27th April, 2009. As per the requirement of the internship program I have to prepare a report on the Prime Bank Limited with a specific topic. I was assigned in the credit division (corporate credit and retail credit division) so I have chosen Consumer credit scheme as my Project topic. Prime Bank Limited started its journey on 171h April 1995 and now at the present time it has created a mile stone in the banking industry. From the first step to the present move the Prime Bank Limited is expanding its business. Expanding 70 branches in the country was not enough for their glory they expand their fully owned subsidiary in Singapore also. They have different products and services, some of them are unique and others are common but they always cope up with the changing situation and tough competition. Their authority is not centralizing which has a good effect because every one wants to prove their capacity and for that they have the authority which is very motivating for employees. They will prosper that can be seen from their vision which is to be the best Private Commercial Bank in Bangladesh in terms of efficiency, capital adequacy, asset quality, sound management, and profitability having strong liquidity. Besides all these positive aspects it has some difficulties in its way of success but it will overcome those within short time because in its 14th year of operation in 2009, Prime Bank has made substantial headway in terms of business growth, profitability and establishing its image as one of the leading private commercial banks. When the organization is like Prime Bank Ltd. then it is a tribute to learn the practical way of work and a great opportunity to prove potentiality. I am glad that I used the opportunity properly. In both of the division I got the chance to do the desk work and customer dealings. In corporate credit I got to know the corporate clients and the way they place the proposals for loan and how the proposals operate to get the sanction of loan and in retail credit there was chance to work in more details. In retail credit (CCS) division I got the chance to attach with each work done in that department. On the whole it was a very nice practical experience. In the internship requirement completion of a project is also included and for that I have chosen Consumer Credit Scheme of Prime Bank Ltd. With the passing time, new competitors appear with better ideas products as well as services and creating more competitive situation in the market. Consumer credit scheme is one of the new innovative ideas which cater to the credit needs of the low middle income groups. Only Prime Bank limited and other few banks operate this scheme in a large volume. Consumer credit scheme of Prime Bank Ltd provides Car Loan which includes Car, Jeep, Station Jeep, Pick up Van, Cover Van, Bus, Truck, Ambulance and any other vehicle for own use. Doctors Loan, which is for the doctors only. Any qualified person can take advance against Salary loan. Education Loan is for Study purpose only. For fulfilling the traveling purpose Travel Loan is available. Wedding loan is also available for the purpose of wedding. CNG Conversion Loan can be taken to convert into CNG. Any Purpose Loan is available for any emergency need. Hospitalization Loan is also available because this bank realizes the emergency need for hospitalization. These all loans need personal Guarantee. These loans require certain percent of equity investment and it has to be repaid by equal monthly installment. This loan has to be repaid within a specific period. Any interested person within the age of 25 to 60 and having a permanent job or having a stable business can apply for the CCS loan of Prime Bank Ltd. Under CCS program of Prime Bank Limited a borrower can get maximum of taka 40, 00,000 and minimum taka 10,000. The down payment is 10% of the loan for each product. The interest rate is 16% for the all products and Prime Bank Ltd. charges 1% service charge and 1% risk fund for all products other than for Car loan and Doctors loan. There is system of advance against salary and CNG Conversion loan. This was the brief description of present CCS of Prime Bank Ltd. This scheme provides different facilities to the customers and its has popularity among the customers but there are some negative points where management should concentrate to get more response and satisfaction from the customer. These negative points come from the dissatisfaction of the customers so it can be harmful for their way of achievement so they should give more emphasis to solve those problems. Prime Bank Ltd. should focus on decreasing interest rate which is very high from the customers point of view, and increase the loan payback period because customer think its short enough to switch the bank for services. These changes will help to get competitive advantage for sure. Financing Scheme, Personal Loan for Women etc will help them to bring unique position in the market. They can go for the package products also because in this era people love to get various facilities with in one package program. All these will increase the market share of CCS in Prime bank undoubtedly but if they can arrange more active promotional activities with it then its obvious that Prime Bank Ltd. will be the best among the banks in Consumer Credit Scheme.

Sunday, July 21, 2019

The Effect Of Motivation For Adult Learners English Language Essay

The Effect Of Motivation For Adult Learners English Language Essay This assignment investigates the effect that motivation brings to L2 adult learners and the development of motivational theories in L2 learning, which has received considerable attention recently. Dornyei (2001) highlighted the progressing importance in the motivational field studies and mentioned that the study of L2 motivation reached an unprecedented boom in the 1990s, with over 100 journal articles published on the topic. Motivation is a highly complex term, widely used not only in everyday life but also in many areas of social sciences, for example in various branches of psychology, in educational studies and in applied linguistics. It is intended to explain nothing less than the reasons for human behaviour. That causes and influences an action or the reason for doing something, in other words, motivation is taken as a key factor in L2 learning. According to Vanessen and Menting, Motivation refers to some internal state or attitudes of the learner and not to what brings it about. A language learner may be strongly or weakly motivated; that is to say, he may want to learn the language very much or not very much. In addition, Dornyei and Skehan offered the more precise definition about motivation and divided it into three parts: Motivation concerns (i) the choice of a particular action, (ii) the persistence with it, and (iii) the effort expended on it. In broad terms, motivation is responsible for why people decide to do something, how long they are willing to sustain the activity, and how hard they are going to pursue it. (2003:614) The purpose of this essay is to discuss that language learning motivation plays an essential role in both research and teaching; however, it used to be regard as a dynamic emotional or mental trait, also in the more recent research, learning motivation has been taken as fluctuating during the learning process. Nevertheless, the argument has not been well demonstrated in Asia. Therefore, this paper aims to investigate whether and how English learning motivation changed of adult L2 learning process in Taiwan. Given these premises, the paper is divided into three sections. The first section, I will analysis the different theories of motivation, such as Gardners Integrative Motivation with Instrumental Motivation, Dornyeis L2 Motivational Self System and Process Model of L2 Motivation those concerns with the main development of motivational theories. The second section, I will briefly explore the factors that make adult learners change their motivation on L2 learning. The third section, I will provide some effective suggestions and possible solutions to arouse adult learners learning motivation for classroom practice. The Development of Motivational Theories Dornyei defines the notion of motivation that The direction and magnitude of human behaviour, that is, the choice of a particular action, the persistence with it and the effort expended on it (2001:5). Gardner (1985) contributed to explain the distinction in motivation between integrative and instrumental has been significant in studies of motivation. Gardner (1985) saw L2 learners goals as being integrative or instrumental motivated. By practicing the advanced research that developed by Gardner and his associated colleagues in Canada. They analyzed the integrative motivation and instrumental motivation as the branches of social-psychology in the following: Integrative dimension The notion of integrative motivation was introduced into L2 studies by Gardner and Lambert (1959, 1972) in an attempt to explain variation in L2 motivation in multicultural environments. It is firmly based on the personality of the learner, and they suggest that the people who have stuck positively to resemble the foreign peoples concerned, to understand the culture, and to be able to participate in it from Skehan (1989). An integrative orientation involves an interest in learning an L2 because of a sincere and personal interest in the people and culture represented by the other language group (Lambert, 1974:98). Dornyei, Csizer and Nemeth (2006) defined that the most specific concept of the integrative dimension has been explained by Gardners (1985) theory of integrative motivation, there are three integrative components: Integrative Orientation, Integrativeness and Integrative Motivation/ Motive. Figure 1.1 shows a schematic representation of the construct. According to this following Figure 1.1, the integrative components participate in three levels of abstraction. Integrative Orientation directly feeds into integrativeness, which has effects on one of the three main elements of integrative motivation. Moreover, Gardner defines that orientations involve the hidden reasons of learning an L2; in a more precise way, they represent ultimate goals for achieving the more immediate goal of learning the second language (1985:11). He clarified that integrative orientation is not only stresses an emotional involvement with the other community but also reflect a positive non-ethnocentric approach to the other community (Gardner, 1985:133-134). Gardner (1985) illustrated the meaning of Integrativeness by using the Figure 1.1, which presents that it is a combination as made up of following variables: integration orientation, interest in foreign languages and attitudes towards L2 community. Back to Gardners explanation of integrative motivation: reflects a genuine interest in learning the second language in order to come closer to the other language community. At one level, this implies an openness to, and respect for other cultural groups and ways of life. In the extreme, this might involve complete identification with the community (and possibly even withdrawal from ones original group), but more commonly it might well involve integration within both community. (2001:5) The integrative motive is constructed by the attitudinal, goal-directed and motivational variables. From Figure 1.1, it generalizes integrativeness, attitudes towards the learning situation (evaluation of the L2 teacher and L2 course) and motivation. Furthermore, motivation here is defined as (1) desire to learn the L2, (2) motivational intensity (effort), (3) attitudes toward learning the L2. As for integrative motivation, Gardner and Lambert (1959) investigated English speaking high school students studying French in Montreal. In this context those students with an integrative motivation were more successful in their language learning than those with instrumental motivation. Young children might have simple goals in L2 learning. They may want to know more about the foreign country and may wish to experience their culture, so that is the reason why they learn an L2. Attitudes Toward L2 Community Interest in Foreign Languages Integrative Orientation Desire to Learn the L2 MOTIVATION INTEGRATIVENESS Evaluation of the L2 Course Evaluation of the L2 Teacher Attitudes Toward Learning the L2 Motivational Intensity (Effort) ATTITUDES TOWARD THE LEARNING SITUATION Figure 1.1 Schematic representation of Gardners integrative motive (based on Gardner, 1985) Instrumental dimension In L2 motivational research, instrumental motivation has been highly discussed and compared with integrative motivation. Vanessen and Menting gave a brief overview of instrumental motivation: The instrumentally motivated learner requires the language as a means to some other end, whereas for the integrative learner the language and all that it brings by way of culture is an end in itself. (1975:76) This type of motivation is on the basis of the advantages which will bring with L2 learning. For example, for better professional achievement, for a better job or a higher salary as a consequence of mastering an L2 as Dornyei, Csizer and Nemeth (2006) pointed out. However, in Gardners opinion (1985), he categorized instrumentality as a type of orientation rather than motivation, that is, a goal for L2 learning. From Gardner and Lamberts (1972) example to illustrate the instrumental motivation, they conducted the research in the Philippines, English, has definitely great instrumental value, as an international language adopted there for business purposes. People have vital needs to master it, so high school pupils with instrumental motivation were highly encouraged. Comparisons between Integration Motivation and Instrumental Motivation Although Gardner (1985) has continued to put emphasis on integrative motivation, the studies showed that instrumental motivation can also lead to successful learning. However, there is a doubt on the statement of finding a positive relationship between integrative motivation and L2 achievement. Oller, Baca and Vigil (1977) provided an example that Mexican women in California who rated Anglo people negatively were more successful in learning English than those who rated them positively. Hence, they conclude the result that sometimes learners may be motivated by negative attitudes toward the target language community. Gardner and Lambert (1972) mentioned that both types of motivation frequently co-exist in the same learner, but it should be admitted that it is hard to classify one thought to either one motivation and decide which one is which one. Lantolf and Genugn (2002) presented a case study of a doctoral students Chinese learning experience of an intensive summer course as describing the dynamically changing of motivation. This learner was taking Chinese learning as part of her PhD studies. At first, the learner began with the goal of developing communicative ability in Chinese but because of strictness of the instructor, the learner abandoned her goal, replacing it with passing the requirement of the PhD program. This showed the shift of motivation changed on L2 learning. The L2 Motivational Self System In more recent studies, Dornyei (2005) proposed a new theoretical approach to understand L2 motivation, that is, L2 Motivational Self System. It attempts to combine findings of self search in psychology with a number of essential theoretical L2 constructs together. The central theme of the L2 motivation self system has been interpreted as integrativeness/ integrative motivation with the Ideal L2 Self (Dornyei, Csizer and Nemeth, 2006). Nevertheless, Ideal L2 Self refers to all the characteristics that a person would like to maintain. (e.g. hopes, aspirations, desires). Dornyei (2005) has highlight the significant of The L2 Motivational Self System that it broads the frame of the traditional conception of L2 motivation. The Ideal L2 Self is a powerful motivation to learn the particular language; therefore, learners would like to reduce the contradiction between their actual and ideal selves. Process Model of L2 Motivation Pre-actional Stage Actional Stage Post-Actional Stage Motivational Retrospection Motivational Functions: Forming casual attributions Elaborating standards and strategies Dismissing intention and further planning Main Motivational Influences: Attributional factors (e.g. attributional styles and biases) Self-Concept beliefs (e.g. self-confidence and self-worth) Received Feedback, praise, grades. Executive Motivation Motivational Functions: Generating and carrying out sub-tasks Ongoing appraisal Action Control Main Motivational Influences: Quality of the learning experience (pleasantness, need significance, coping potential, self-and social image) Sense of autonomy Teachers and parents influence Classroom reward-and -goal-structure (e.g. competitive or cooperative) Influence of the learner group. Knowledge and use of self-regulatory strategies (e.g. goal-setting, learning and self-motivating strategies). Choice Motivation Motivational Functions: Setting goals Forming Intentions Launching Action Main Motivational Influences: Various goal properties (e.g. goal relevance, specificity and proximity) Values associated with the learning process itself, as well as with its outcomes and consequences. Attitudes toward the L2 and its speakers Expectancy of success and perceived coping potential Learning beliefs and strategies Environmental support or hindrance. Figure 1.2 A process model of learning motivation in the L2 classroom (based on Dornyei and Skehan 2003:619) Dornyei and Otto (1998) proposed a process model of L2 motivation. This is dynamic time-related process model, incorporating three stages, the first as we prepare to engage in an action, associated with the pre-actional phase; the second actually getting engage into the action and after the event, the final stage involves the learners final analysis of the actional process when it is completed, as explained as Figure 1.2. illustrating three stages processing in language activities and the factors affect L2 learners set motivation during the learning process. In addition, this dynamic process model of L2 motivation uses time to organize the relevant motivational influences into various stages and also affects students language learning behaviour in classroom settings. Discussion: What factors make Taiwanese learners change their motivation on L2 learning? Motivation has been taken as an understanding of a complex mental process. Ellis (1994:524) pointed out that researchers have investigated the operational system about motivational construction and nearly all of the theories are rooted by the conscious brain working; however, human beings make decisions may in a conscious or unconscious situation, but nowadays the technology has not had the effectiveness to search for answers of motivational decisions making from which parts of the brains and the relationship between consciousness and unconsciousness. Nevertheless, as Gardner (1985) explained that for some people a wish to integrate, in some sense, with the speech community of the language being learnt seemed to be more strongly associated with success, while for others a wish to capitalize on the usefulness of knowing a language within the learners own culture was more effective. This was the distinction made famous by him and his colleagues (Gardner 1985) between integrative and in strumental orientations. Although it is difficult to distinguish from the conscious or unconscious decision making, there is now a colourful mix of approaches to the understanding of L2 motivation for adult L2 learners on language learning. Age is one of the factors that make adult learners change their motivation on L2 learning. Ellis (1994:523) stated that children generally enjoy the advantage over adult in L2 learning because of their age, but adult may learn faster than children during a short term learning. Moreover, adult learners often have already set up goals for the reason why they want to learn an L2, and instrumental motivation always overweighs integrative motivation on L2 learning. As we can see from Dornyei and Skehans (2003) L2 motivational learning process model (Figure 1.2), learners are affected by the environment very much during the Pre-Actional Process and Actional Process. Kharma (1974) also argued that motivating factors may vary so widely from one community to another that what applies to one situation may not apply at all to another. For adult learners, the age factor should also be taken into consideration in L2 teaching. He straight highlighted the significance that the age at which the student begins to learn the foreign language and the impact of the maturational stages on the continuation of the foreign language course at school have great influence on motivation set up. Most of the adult learners decide to learn an L2 may because of instrumental motivation. Furthermore, the other influence factors of adult L2 learners motivation changed are the students linguistic and cultural background and the status of the mother tongue; the teachers attitu de to the teaching profession in general and to foreign language teaching in particular, the relationship between teacher and student, and the schools attitude to the language may play an enhancement of motivation. Implications for Taiwanese Adult Learners on Second Language Learning Since most of the adult learners are eager to learn an L2 because of the reasons for better job or higher salary and so on, but for the rest of the adult learners may still want to explore the foreign culture or be interested in achievement on L2 learning. No matter for what motivation, the adult learners should be encouraged by teachers on L2 learning. The recent motivational research has focused on more classroom learning than the early work of Gardner and associates in Canada. Dornyei and Csizer (1998:215) listed ten commandments for good teachers who motivate their learners in classroom practice. Set a personal example with your own behaviour. Create a pleasant relaxed atmosphere. Present tasks properly. Develop a good relationship with the learners. Increase the learners linguistic self-confidence. Make the language classes interesting. Promote learner autonomy. Personalise the learning process. Increase the learners goal-orientedness. Familiarise learners with target language culture. Kharma (1974) stated that the foreign language teacher is unquestionably the most important element of all. For being a foreign language teacher should have great attitude towards arousing learners motivation in learning an L2, and always be ready for the situation of competence. In this way, the learners may be affected positively by the teachers more and more, therefore, the learning efficiency and learning motivation can be much more stable. In addition, Ellis (1994:516-17) reported that language teachers tended to lead to increased motivation, thereby, to increased productivity. He believes that good language teachers may link L2 learners with the real world and lift up their persistence and effort in language learning. 5. Conclusion The study of L2 motivation reached a great turning point in 1990s, and an increasing number of researchers investigate the underlying theories or discover the new models of theoretical approaches to explain the complex mental process on Second Language Learning. The development of motivation theories as I mentioned above which all have close relationship between each other, and explain the construction of learners motivational setting. Motivation is a dynamic perspective and so called an educational shift that Ellis (1994) named. Due to the complexity of motivation, language teachers may have great responsibility on enhancing the link between language learning and motivation maintaining. In Taiwan, most of the adult learners who decide to learn an L2 because of requirement of the professional qualifications. However, sometimes they may have both integrative motivation and instrumental motivation co-exist. The Ideal L2 Self also helps adult learners pay more attention on L2 learning in order to achieve the goals for themselves; therefore, the language teachers once understand the process of motivation setting, the efficiency of learning can be promoted better as well. word count: 3091

Saturday, July 20, 2019

Satire, Surrealism and Dark Humor in Vonneguts Cats Cradle :: Vonnegut Cats Cradle

Satire, Surrealism and Dark Humor in Vonnegut's Cat's Cradle "And there on the shaft in letters six inches high, so help me God, was the word: Mother" (48) "'If that's mother,' said the driver, 'what in hell could they have raised over father?'" As the reader soon finds out, 40 cm of marble, as directed by Felix Hoenikker's will, that says "FATHER" (49). Vonnegut stops you short and plucks at your hand like a little boy who has just shaved the cat and can't wait to show you what he's done: you can't, as a responsible adult, laugh at the absurdity of the bald and shivering feline because you know that you should be astonished, offended, annoyed, anything but burst out laughing, which you desperately desire to do. Vonnegut acts as Wrang-Wrang in this scene; two men in an ice storm, marveling at a towering alabaster penis given in memoriam to a mother by her children. Vonnegut's use of the surreal (and, by the way, this is also an episode of, if not dark, then very twisted humor) in the scene discourages the reader's scrutiny so that Vonnegut can slip his point across without notice. What point? Possibly, and this could be just me thinking aloud, the scene describes the strength of the mother and the dual roles she had to play; the father was also a child, as simple and pure in his intellectual ecstasy as, well, a marble cube. "The marker was an alabaster phallus twenty feet high and three feet thick" (48), Vonnegut crows, inviting you to stand in the cold with him and wonder with the driver exactly what in hell is going on†¦ Satire is thrown into CC early and often, so much that it seems almost unfairly easy to extract examples, but it is such an integral component of the novel that it requires at least a look-see. One of my favorite parts of the book is the scene on the airplane where Jonah meets not one but two stereotypical "Ugly Americans," a term coined by William J. Lederer and Eugene Burdick in the title of their 1958 novel of the same name. The Mintons are well educated, speaking "six or seven" (65) languages between the two of them but see the people and places they have seen during their diplomatic careers as "About the same" (65). They are what Bokonon calls a duprass that will, as Jonah points out, die at very nearly the same time when the world is overcome by ice-nine.

Educating Rita by Willy Russell Essay -- A Play By Willy Russell

Educating Rita by Willy Russell â€Å" How do the characters of Frank and Rita change throughout the play and what is Russell’s purpose of using the technique?† Educating Rita is a play written by Willy Russell who was born in Liverpool, Whiston. â€Å"I really don’t want to write plays which are resigned, menopausal, despairing and whining. I don’t want to use any medium as a platform for displaying the smallness and hopelessness of man.† Willy Russell wrote Educating Rita as a comedy, he wanted to write a funny play to be watched and not to be studied. Coming from a working class family and society, he witnessed a deep injustice in the way lower classes were treated. Even though people who were working class had wonderful qualities, they were often regarded as worthless. In Educating Rita there are two classes, the lower class that is represented by Rita and the upper class represented by Frank. Russell reveals that although both characters come from different classes, they can both learn from each other. In this play there are only two characters. Although many other people are important to the play, Rita and Frank are the central characters. Rita is a 26-year-old woman who has decided to take a course in English Literature at the Open University. Frank, who is in his early fifties, is Rita’s tutor at the University. From the first opening scene we immediately see that Frank has a drinking problem, as he hides bottles of alcohol behind books in his study. Frank is in his study on the phone to his girlfriend to whom we can see he does not like much â€Å"†¦yes just pop off and put your head in the oven†¦Ã¢â‚¬  At the start of Act 1 Frank shows that he is uninterested in Rita, prejudges her and thinks that she ... ... one she leaves behind. She does pay a price, by leaving Danny and not having a baby yet, she gets what she want’s, an education. In the play, education is portrayed as a game when they are in the university – not going there for the need of an education but to acquire the lifestyle that an ‘educated’ person would so. Frank doesn’t know this game, but Rita does and at the end of the play she realises what it has done to her. At the beginning of the play she is an ‘uneducated’ woman, who knows little about academic things but has a lot of experience about life. She doesn’t value the knowledge which she already has much. She throws away her old life and what she gets back - Frank thinks- is much less valuable. But to Rita, education is a way out of mediocrity into a superior lifestyle. The tragedy is that she pays for it by becoming a different person.

Friday, July 19, 2019

Marc Antony’s Funeral Oration Essay -- Julius Caesar, William Shakespe

In William Shakespeare’s Julius Caesar, Mark Antony pleads with his â€Å"Friends, Romans (and) countrymen† to lend him their ears in an effort to exonerate Caesar from false charges laid against him. The three main conspirators in Caesar’s murder, Brutus, Casca and Cassius portrayed Caesar as an ambitious tyrant to the Roman people. After Caesar was unjustly killed by his friends and comrades, the crowd was persuaded to believe that his death was necessary for the good of the republic. However, Antony’s oration cleverly manipulates the crowd through the use of pathetic appeals, especially enargeia, into rebelling against the assassins and mourning the death of Caesar. Caesar’s untimely and unnecessary death created a unique rhetorical moment that Marc Antony seized. Bitzer states in his article â€Å"The Rhetorical Situation† that â€Å"a particular discourse comes into existence because of some specific condition or situation which invites utterance† (Bitzer 41). According to the assassins, Caesar’s murder was necessary for the good of all the Roman citizens, who unquestioningly believed Brutus’s accusations that Caesar was ambitious and unfit to govern Rome. Marc Antony used his speech to win back the citizens and unite them in grief and outrage at Caesar’s murder. One of Marc Antony’s objectives as he ascended to the pulpit was to refute the claims of Caesar’s guilt of ambition: â€Å"I thrice presented him a kingly crown, / Which he did thrice refuse: was this ambition? / Yet Brutus says he was ambitious; / And, sure, he is an honourable man. / I speak not to disprove what Brutus spokeâ €  (3.2.98-102). He reminded the public that Caesar had been offered the opportunity to be crowned King of Rome three times, and each time Caesar had refused it... ...r the name of the slain leader and managed to sway public opinion from one extreme to another. His words cause the angry mob to scour the streets of Rome for anyone who took part in his murder. His pathetic appeals to his friends, Romans and countrymen incited them to become an enraged mob to avenge Caesar’s death. His words display the assassin’s malicious actions for what they were and honor the memory of Caesar. Works Cited Bitzer, Lloyd F. "The Rhetorical Situation." Philosophy and Rhetoric (1968): 39-48. Crowley, Sharon, and Debra Hawhee. "Chapter 6: Ethical Proof : Arguments From Character." Ancient Rhetorics for Contemporary Students. New York: Pearson Longmann, 2004. 163-203. Crowley, Sharon, and Debra Hawhee. "Chapter 7: Pathetic Proof : Passionate Appeals." Ancient Rhetorics for Contemporary Students. New York: Pearson Longmann, 2004. 205-219.

Thursday, July 18, 2019

Herman Miller Business Case Essay

1. Executive summary Herman Miller, an environmental leader in the office furniture industry that offers a wide variety of products including seating, systems furniture, filing storage, desks, tables and health care. In 1989, the company decided to adopt a triple-bottom-line philosophy, so it established and changed company’s environmental direction by adopting â€Å"Perfect Vision† initiative that targeted zero landfill, zero hazardous, waste generation, zero air and water emissions. In 1997, the company decided to implement a cradle-to-cradle (C2C) protocol based on eco-effectiveness vs. eco-efficiency and Waste equals food; which consisted of four key elements: biological and technical nutrients; green-yellow-orange list disassembly, recyclability and recycled content. The C2C approach focused on minimizing toxic pollution and reducing natural resources waste. After years of extensive work, in 2001, the company decided that it was time to implement a C2C design protocol on a product that would contain recyclable materials from beginning to end; Mirra chair project was launched. Herman Miller worked toward the design process, manufacturing, engineers, supply chain managers, manufacturing associates, design consultants, trained over 300 employees, worked with suppliers to find substitutes eco-friendly materials, performed raw material assessment, met with people from sales and marketing and discussed several options for closing the loop by recycling the material from Mirra chair. The major issue the company faced was determining the material that was going to be used for the arm-pad skin: polyvinyl chloride (PVC) versus thermoplastic urethane (TPU). PVC was known to be inexpensive and provided to be durable, scratch resistant and soft; but violated the standards of the C2C protocol. PVC had bad press due to its toxicity during manufacturing process and when it was burned or incinerated. In contrary, TPU showed that had acceptable quality characteristics; prove to be even more scratch resistant than PVC, but raw material cost was twice of PCV. Development and supply chain management teams preferred to proceed with PVC while the design for environment (DfE) team wanted to press forward with TPU. 2. Introduction 2.1 Company background Herman Milller was founded as a Michigan Start Furniture Company in 1905. In 1923 D.J. De Pree purchased it, renamed it after his father-in-law and grew the company into an internationally acclaimed furniture design house. Herman Miller is considered as one of the top four suppliers in the US office industry that offers suite office furniture including seating, systems furniture, filing, storage, desks, tables and healthcare furniture. In 2001 annuals sales were about $1.5 billion dollars. In 1989, the company decided to move toward environmental sustainability by changing company’s environmental policy and direction by adopting a cradle-to-cradle (C2C) design protocol for environmental sustainability. The cradle-to-cradle approach will emulate nature regenerative cycle at the end of the life cycle. C2C redesigned industrial processes by minimizing toxic pollution and reducing waste. In 2001, a Design for Environmental (DfE) team was formed to design and develop a new product. Mirra chair would be the most advanced and complete application of the C2C design protocol among any product manufacturer to date. 3.2 Identification of key issues facing the company * In 2002, the company suffered a decline in sales due to economic crisis and pre-internet-bubble where many of its customers cutback or dissolved. * The company realized that the ways its products were designed generated waste in the production process. * Cradle-to-grave process used by the company at the time, released toxic material into the environment. * Products were useless waste at the end of the useful lives. * The major key issue that the company faced when launching the design protocol of Mirra chair was to decide the type of material that was going to be used for the arm-pad skin: polyvinyl chloride (PVC) versus thermoplastic urethane (TPU) * Another relevant issue was the collection of Mirra chair after the end of its life cycle. DfE team were evaluating three alternatives: Herman Miller to collect chairs; retailers to collect the chairs; third party company would collect them or customer could return them directly. 3.3 Issues facing the company and/or industry * Herman Miller international market was significant. Most of Herman Miller’s customers were multi-national; therefore, tighter environmental regulations contributed to realize that the company needed to change its sustainability approach in order to stay ahead of the industry standard. * Moving toward environmental sustainability implied to review and redesign industrial processes that would generate less toxic pollution and deplete natural resources. 3.4 Opportunities for the company * Leader of residential, office furniture and workspace design. * One of top four suppliers in the U.S. office furniture industry. * Company offered innovative good designed and high quality products. * Sustainability strategy was one of their competitive advantages. * Company stay ahead of the game by setting new industry environmental standards. 3. Problem identification and analysis The company analyzed that the way their products were designed using the cradle-to-grave process released toxic material into the environment and generated waste that could be minimized or avoided. Tighter environmental regulations help to realized that in order to stay ahead of the game, they needed to change cradle-to-grave for a cradle-to-cradle process. In 2001, Herman Miller decided to implement a design protocol on a product from beginning to end, so Mirra chair project was chosen. In order to implement C2C protocol a DfE team was formed to develop environmental evaluation measures of the new product, redesign and change processes, create a database for suppliers’ materials using the Green-Yellow-Orange-Red list criteria and establish disassembly guidelines for the new product. Engineers, supply chain managers, manufacturing associates and design consultants worked together to change their processes. Over 300 employees were trained on the new design protocol. The design process was the first one to be reviewed. During the exploration phase, designers brainstormed on the basic concept of the product and outlined high-level specifications. Once the basic design was established during the development process, the product was divided into modules and different teams were assigned to each module. Each team developed a prototype of their modules, DfE team assessed the design, following the C2C protocol for material chemistry, disassembly, recyclability and recycled content. Scorecards (See annex 1) were created and feedbacks were communicated to the development team. The final DfE assessment (Annex 2) aggregated the material chemistry, disassembly, recyclability and recycled content scores for all modules and a scorecard for the final product was entered into Herman Miller’s material database for future reference. Each case was analyzed on a case-to-case basis; a final DfE score of at least 50% was typically required for product acceptance. Calculation of weight and scores were calculated using Exhibit 5 formulas and criteria (See annex 3a and 3b). The importance of these calculations was used to perform a material evaluation assessment. If final score were below 50%, the company would find alternate components that meet C2C protocol requirements or work with suppliers to find substitute inputs or completely new material. One of the major issues was the PVC material used for the arm-pad of the chair, it was classified as â€Å"red† material, and its final DfE score was 0% because of the toxins released during its manufacturing and disposal process. PVC is known to be extremely durable, scratch resistant, formable and cheap; but it doesn’t comply with the C2C protocol. Development engineers and supply chain group preferred PVC material because it was an inexpensive material and the tooling for the PVC arm pads had already been fabricated. Thermoplastic Urethane (TPU) was identified as an alternate and suitable material that meet the same product performance as PVC. Tests showed that TPU had acceptable quality characteristics and might be even more scratch resistance than PVC; however, raw material cost of TPU was twice of PCV and increased the cost of the arm pad assembly by approximately by 30%. To switch to TPU would cost over $100K in retooling or would try to modify the PVC tool to work with TPU. Modifications of the original tool were feasible, but it was unclear whether the part quality of the TPU arm pad skins would be consistent as the PVC skins. DfE team wanted to purse the use of TPU since it complies with C2C protocol. The closing loop of the Mirra chair was another relevant issue that concerned the company. Mirra team discussed several options of how to collect the recycling the material of the chair. Three basic options for collecting the chairs were identified: 1) Herman Miller could collect the chairs itself; 2) Retailers could collect them, 3) A third party company would collect them or 4) Customers could return the chairs to Herman Miller once they finished with their useful life or wanted to upgrade to newer chair models. If Herman Miller took the responsibility of collecting the used chairs, it would have to develop logistical support for handling the products coming back to the company. 4. Recommendations Based on environmental sustainability culture and the triple-bottom-line philosophy adopted by Herman Miller, I would recommend pressing forward with TPU material, which complies with C2C design protocol and continuous improvement policy of no inventory, no waste products and no waste parts and time. The company should promote a strong â€Å"PVC-free† marketing strategy to attract a bigger market share, taking into consideration that Mirra chair would be the most advanced and complete application of C2C protocol among competitors; and the first manufacturer to offer a product of its kind. Mirra chair project should be used as a base-line to determine the future of other Herman Miller’s products. If Mirra chair demonstrates to have a higher acceptance rate among customers, increased sales and elevated overall performance; the company should consider expanding its line of â€Å"green† products; or even switching from PVC products to PVC-free products over the course of the years. It is important to make a cost-benefit analysis comparing the two materials in order to have a better picture of the pros/cons and implications of any final determination. In addition, the company should hire a third party collector in order to avoid developing further logistical support and increase the cost for handling products coming back to the company at the end of its life cycle. 5. Conclusion Herman Miller’s corporate environmental goal was stated as to â€Å"become a sustainable business – manufacturing products without reducing the capacity of the environment to provide for future generations†. Therefore, final decision of pursuing PVC or TPU should be based corporate values and policies. The company needs to evaluate the possibility of the negative impact and consequences if it decides to launch a â€Å"green† product strategy but continues to include non-environmental friendly material on its products.

Wednesday, July 17, 2019

As completely as possible, sketch the supply chain for Zara from raw materials to consumer purchase Essay

Zara makes about 40% of their raw real(a) (fabric). The remaining 60% is outsourced from within Spain, broadly speaking from the La Curuna. Designing of clothes at Zara is done by creative teams of everywhere 300 professionals at the headquarters in La Curuna, Spain. They act on the reading fed to them from the stores managers.The first stage in Zaras production system is unsanded of fabric. The design is then sent for sewing by one of several nose batchdy local cooperatives. After sewing, the clothes ar returned to Zaras facilities for ironing by an gather line of workers. After this, the raiment items ar wrapped in plastic and transported on conveyor belts to a group of monstrosity warehouses.In the warehouse, the customised machines patterned after the equipment apply by overnight parcel services, sorts, packs, labels, and allocates clothing items for shipment to Zaras sell stores. For Zaras retail stores within a 24-hour take, goods are delivered by truck whereas goods meant for stores beyond 24-hour drive are delivered by cargo jets.Zara sells to customers at their own retail stores, each managed by a retail manager who gives feedback on fashion trends to the design team.1. Discuss the concepts of even and plumb conflict as they affect to Zara. Channel conflict is generated when one enthrall members action interrupt the channel from achieving its goals. It can stem from difference of opinion between channel members goals and objectives, from disagreements over the domain of a function of responsibility and from difference in intuition of the market place. Channel conflict can be unsloped or horizontal. direct Conflict occurs among firms at the kindred level of the channel. Vertical Conflict, conflicts between different levels of the same channel, is even more common.2. Which attribute of vertical selling system does Zara lend oneself? call all the benefits that Zra receives by having adopted this system.The type of vertical marketing system which Zara employ is the Corporate Vertical System which integrates straight stages of production and scattering under undivided ownership. Zara makes 40 percent of its own fabrics and produces more than half of its own clothes, rather than relying on a hodgepodge of slow-moving suppliers. unsanded designs feed into Zara manufacturing centers, which ship finish products dirictly to 1,161 Zara stores in 68 countries, saving time, eliminating the need for warehouses, and tutelage inventories low. Efective Vertical Integration makes Zara faster, more flexible, and more efficient than International competitors.3. Does Zara experience disadvantages from its fast-fashion distribution system? Are these disadvantages offset by the advantages?4. How does Zara add value for the customer done major logistic functions?Zara System unmatched of the successful disposals that use the vertical marketing system (VMS) is Zara which have a typical feature of business model. Wit h the aid of the vertical integration, the company is allowed to develop the strong merchandising strategy that unvaryingly led the Zara to attain the opportunities particularly in the fast-fashion system. Because of the lack of flexibleness found in traditional retailing, the organization is obliged to produce the products in varieties, amount, and frequency of the new styles. This type of system begins in the corporate areas, wherein the leaders plan the changes that leave alone create an impact in the organization. every(prenominal) the plans are administered to the stores that are mostly visited by the customers.In this way the regular customers forget know that the new products are already available for merchandise (Craig, Jones, & Nieto, 2004). The pronto reception of Zara in the fast-fashion system places the emphasis on using the VMS to be very quick fashion follower than to achieve manufacturing efficiencies. The continuous product development in the retail environme nt enables the organization to facilitate the stove f competitive advantage.

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.