Labor and Employment Law Synthesis Paper

Labor and Employment Law Synthesis Paper Honglei Qin HMD 259-2005 11/14/2012 Labor and Employment Law This law is the one capable of explaining the economic motivation, background and implication of employment and labor regulation so as to help the policymakers, researchers and advocates express their own positional ideas (Simpson, 2011).. These regulations are the ones that provide the initial ideas of the labor law to any person getting into the studies regarding the economic perspectives.The labor law consists of various aspects which mostly are directly involving the employment processes. In this case, there are many categories of employments whereby the regulations guiding them are of different kinds. Some of the examples are the gender bases in the labor sector whereby both sex are protected by the law from any kind of discrimination in the workplaces (Simpson, 2011). In case of age matter, the law provides regulations on the age required for the employment hence preventing any kind of child labor.Other special cases that are guided by the labor law are the issues of slavery, human trafficking and the forced labor whereby the victims are being forced to work in bad conditions without their requirements been observed by the employers. According to the study conducted by Ann Sophie, the role of employment law economically is to generate a frame work of legal aspects to maximize the labor exchange joint value by reducing the incentives of the parties (Simpson, 2011).This is done in order to an advantageously use the element which are unspecified of contractual relationship and by doing this the cost of detailed employment and enforcement is reduced at a high rate. In order to understand well the concept of the employment or labor law, let us look at different ways of employment. Two of the main ways that a person can be employed is as an employee or may be as a contractor that is independent contractor. This will help as understand various obligation of the labor law since the two employment categories are assigned different rights under different obligations in the employment law (Simpson, 2011).Taking the case of the employee, he/she works directly under the service contractor with the employer, that is he/she works completely in the employer’s authority (Pagura, 2011).. He therefore have contract of service. In the other case of contractor, they do they work under sails of service and they do not only sell these services to one employer at a time but can as well sell them to many employers. Therefore they work under the contract for service. In order to understand this more, let us take an example of john and James who are both mechanics working in the same garage.John works there as a full time employee while James works as a contractor reporting to duties only in two days a week (Pagura, 2011).. In case of john, he waits to be told how, when and where to work by the boss. He gets his salary at the end of the month and it is fixed regardless of how many cars he has repaired (Pagura, 2011). All the tools are provided by the employer and he does not pay for any breakages or loses all that is under the employer’s obligation. In the case of James, he works only on Mondays and Fridays.After every peace of work he records it and at the end of every week he prepares an invoice for the job done of which he receives payments. Unlike john, James has to bring his toolbox with him and if he wants to use any from the garage he has to pay for it. Here are the deferent obligations provided by the labor law to these two different workers. In terms of flexibility, James is more flexible and independent than john. The independence of both is measured in terms of ability to work for others (Pagura, 2011).James is allowed to work for other contracts from Tuesday to Thursday while john is working exclusively for this one employer. Looking at the case of commercial risks, the employee is free from any commercial rich instead are taken by the employer while the contractor bears or the risks at work. These points are some of the points that an industrial court look at in order to determine whether a certain worker is an independent contractor or an employee.According to the contractor’s Act 2006 all the contractors are provided by the same rules and regulations. The labor law also provides regulations among the employee themselves. Let us look at one example of a case that is common in workplaces and that, if not handled properly, can be dangerous (Cornock, 2012). This is the issue of discrimination. There are several different types of discriminations such as the gender discrimination whereby a certain worker is denied her / his regal rights simply because of the sex type.The other type of discrimination is the religion or belief. This kind of assault can be from the employers or from the employees themselves. In order to report or raise such an issue, the victims should do it using a wri tten grievance with clear grounds of the problem and should be done before the end of three months from the incident (Cornock, 2012). In conclusion, the whole paper has tackled some of the aspects of the labor law and their implementations.We have seen how each employee is eligible to these employment rules which protect them in all kinds of work. The topic of labor law is broad and in order to understand further more studies are required. References Cornock, M. (2012). What to do when an employer acts unfairly. Nursing Standard, 26(38), 63. Pagura, I. (2011). Employment law: Employee v Independent Contractor. Journal Of The Australian Traditional-Medicine Society, 17(2), 36-37. Simpson, B. (2011). Labor and Employment Law and Economics. Industrial Law Journal, 40(1), 111-114.

Customer Strategy of Bain & Company

Consumer Behavior Final Project Customer Strategy of Bain & Company Submitted to: Ms. Tahira Hafeez Submitted by: Umar Afzal 2102071 Dated: August 18th,2011 Customer Strategy & Marketing Customers are the source of real growth. Bain combines in-depth customer insights with practical expertise in operations and economics to create sustainable, organic growth. †¢What we do Applying an outside-in perspective and achieving growth are fundamental to our approach at Bain. Our customer-centric business builds a virtuous cycle we call the â€Å"customer wheel. We at our stage of growth are developing custom solutions and collaborating with all levels of the organization. With our team of global experts, Bain creates depth of experience in the following areas: †¢Customer insights and segmentation: We understand customer needs and behaviors using our BothBrain ® approach and develop actionable segmentation from the resulting insights. We define the target customer or â€Å"sweet spot†Ã¢â‚¬â€the area of distinct advantage over competitors— to inform business decisions and investment allocation. Product and category management: We break down barriers to innovation and improve ongoing customer-led product development so our value proposition is differentiated and meets customer needs. †¢Pricing: We resolve the pricing paradox—pricing is almost always the #1 profit lever, yet it remains under-developed in most companies—by building long-term pricing capabilities and capitalizing on in-year-revenue opportunities. †¢Sales and channel effectiveness: We identify quick, targeted, customized solutions as well as strategic and operational improvements to boost underperforming sales sectors. Marketing and brand strategy: We align marketing and brand strategy with overarching business objectives; ensure marketing investments are generating highest returns and reinforcing the brand positioning; and build a loyal customer base through branding that cultivates a strong, trusted image. †¢Customer experience: We work to develop a series of positive interactions with the customer to earn their advocacy and inform consistent delivery of experiences to drive top-line growth. †¢Loyalty: We nurture promoters—loyal customers who are more profitable, and who are active proponents of our business in good times and bad.

International Law Essay

International law refers to an agreement signed between nation-states binding them to conform to well structured principles and acceptable standards. It primarily concerns relations between nations on specific legal fields such as treaty, humanitarian and criminal laws rather than on issues of individual citizens. The formation of international law came about due to view by legal activists that consented signing of defined principles by sovereign states could limit their power to interfere with other nations internal affairs. This led to the finding of the international criminal court in early 20th century to safeguard states sovereignty and respect for human rights. The international law is based on the customary law, treaty law and other naturally acceptable cords of conducts. To enforce these laws, there exist many international organizations. The United Nations has been charged with the duty to keep and maintain peace and security. This is because since its formation in 1945, its charter has been adhered to by many nations and even the remaining few nations agree with the principles that form it. This makes UN the most influential enforcer of international law. It works towards developing and maintaining friendly relations between states and overseeing the harmonious resolution of conflicts among states. To achieve this, the UN has many departments each charged with a particular function. The international criminal court is one of its mechanisms of dealing with interstate and humanitarian matters (http://www. ohchr. org/EN/ProfessionalInterest/Pages/InternationalLaw. spx). The establishment of UN general assembly was made to undertake study and recommend on ways of progressively developing and safeguarding the international law. To uphold human rights, methods like sending peace keeping troops and initiating peace negotiations have been employed. Guaranteed human peace and harmonious inter-states existence is the best gift this world needs. This shows the importance of these enforcing bodies of the international law and there affiliates.

Racial Equality in Employment Coursework Example | Topics and Well Written Essays - 5500 words

Racial Equality in Employment - Coursework Example By 11th century the Normans became the rulers of England for many years. Hence, indeed, there is a Norman element in Britain. After the Normans stopped ruling England no other ethnic groups made significant inroads to Britain (Trevelyan). are spread over many countries in all the continents now. This is indeed a colonial legacy. Another colonial legacy is the influx of races from former colonies to Britain. While the Britons were in the colonies they were the ruling class and the Africans, Asians and the Caribbeans their subjects. However after the dismantling of the colonial empire, back in the country of their former masters, they became citizens. Citizenship meant a perception of legitimate right for equal rights with the fellow whites. This is the background to the tensions between the ethnic minorities in UK and the whites. The attitude expressed in the ditty, is not typical to the Anglo-Saxons, it was somewhat universal. The Jews generally believed that their special relation with Jehovah made them the superior. However they did not try to establish their biological superiority. But the Victorian Anglo-Saxons believed that they are racially superior, and qualities like literary taste, creativity and even honesty were inherited by them by virtue of bei... Page 3 were inherited by them by virtue of being born in that race. The deeply ingrained racial prejudices find expression in Shakespeare's, Othello and The Merchant of Venice, way back in the 16th century. The dark colour in popular Christian piety is associated with evil and the colour of Othello, the Moor, is the symbol of the evil in him while the white complexion of Desdemona is the epitome of guileless innocence. Shylock, the Jew, is the embodiment of evil of the race that killed Christ. While the Fatherhood of God and the brotherhood of all men were central to Christian faith (The New Revised Standard Version, Lk.11.2) only a minority seems to have understood. In Europe most people believed that nonwhite people lacked the qualities of intellect, mind and heart, which the white so abundantly possessed. This notion in Britain and North America focused more on the Anglo-Saxons as the best of the whites. Did this attitude of the whites to other races in the subliminal level determine the ir conduct to other races What is Equal Opportunity Arriving at the precise and generally accepted definition of equal opportunity is a formidable task. However, over Page 4 the years, the concept is achieving greater clarity and some kind of convergence is in the offing. Equal opportunity is a descriptive term for an attitude attempting to provide equal access to a milieu or benefits, like education and training, job opportunities, medical care and access to social welfare assistance. This attitude underlies a genuine desire to empower groups that have, over the years, bore the brunt of discrimination. The groups who need to be uplifted are identified on the basis

How Does Common Core Work for Children who are Deaf and Hard of Assignment

How Does Common Core Work for Children who are Deaf and Hard of Hearing - Assignment Example Before the Common Core Standards came in place, each state had its own standards. The standards varied considerably in the areas of focus and content hence leading to different learning outcomes. As such, there was a need to formulate a common national standard for learning by which states could make tailored changes that meet their priority. Individuals without hearing loss acquire 80% of their information through accidental means. However, the figures for those who are deaf and hard of hearing is lower due to the fact that hearing loss interrupts the path of information from the teacher to the student. Consequently, there is the need for specialized training for teachers of students who are deaf or are hard of hearing so as to address the needs of these students. It states that transitions from school to the real world environment are a real challenge for students who are deaf and hard of hearing. Therefore, Gunderson claims that the Common Core State Standards have been expanded to incorporate eight fields which are, audiology, family education, functional skills for success in education, communication, technology, self-determination and advocacy, and career education. According to Gunderson, the Common Core State Standards should empower the students and help them in understanding their current predicaments through audiology. This is one method of early intervention and will help them to understand themselves at an early age. Family education is a crucial component of the Common Core Standards. The families of deaf and hard hearing children may be faced with numerous challenges such as acceptance, educational services, language to use and mode of communication.

Law Enforcement in the Czech Republic Essay Example | Topics and Well Written Essays - 2500 words

Law Enforcement in the Czech Republic - Essay Example The total area of Czech Republic is 78,844 square km and the population is 10.5 million. It is surrounded by Poland, Austria, Slovakia and Germany and also occupies the historical regions of Bohemia, Moravia and a small area of Silesia. The people of Czech Republic are Slavic people who are from central and Eastern Europe but their culture and tradition connects them to the West. Czech Republic is a democratic country and the bicameral Parliament, that includes the House of Representatives and the Senate, acts as the central body in the political system. The head of the state is the President with limited powers and is elected for five years. The President holds some important legal powers such as the appointment of the Prime Minister and members of the government, selection for the members of Czech National Bank Board and the official signing authority (Czech Republic Country Brief, 2007). General: In Czech Republic the Justice system consists of 86 District Courts, 8 Regional Courts, 2 High Courts and a Supreme Court. The highest judicial authority in the country is the Constitutional Court which is situated in Brno. Its major activities do not include dealing with criminal cases. Prosecution: The formation of the State Prosecutor's Office entirely follows the courts. Prosecution is brought by the State Prosecutor's Office. The courts completely handle the operations of the office. Police Force The total number of police force in Czech Republic is approximately 47,400 officers and 11,600 civilian staff. They are responsible for the security of its people and investigation of all crimes that took place in the country. In addition to the state police, there is municipal police that controls the traffic and public order in their particular municipalities. The right to investigate and arrest only lies with the state police. Police officers of Czech Republic are allowed to use vehicles. Their vehicles contain a black and white inscription "Policie" on the sides. These vehicles are white in color with horizontal green strips on the sides. Police force of Czech Republic possesses the following rights: 1. Demand for testimony in case of any accident. 2. Demand for personal identification. 3. Taking a person into custody. 4. Supervising the traffic and checking the conditions of the vehicles. Czech Police departments Criminal police: In the police department of Czech Republic, the officers monitor the criminal cases. Moreover, they detect the wrong doers and take them under their custody. The criminal police force is also responsible for the investigation of different cases regarding stolen properties, missing people, road accidents etc. They continuously look after the people and places in order to safeguard the lives of the citizens (Czech Republic, 2007). Traffic police: By law the traffic police officers are there to organize and control the movement of the traffic. In addition to it, they have to be really careful about the investigations made on the roads regarding accidents that happen almost every day. They are further required to check the procedures of collecting fines for illegal acts. When a driver commits an offense then the traffic police officer has the right to stop him from driving and take the car into his custody with some

CoverGirl Cosmetics Research Paper Example | Topics and Well Written Essays - 500 words - 1

CoverGirl Cosmetics - Research Paper Example ed by any organization would influence the financial ratios and therefore business objectives would also be reflected in the financial ratios of the organization. For instance, if an organization is expanding its business and trying to improve its profitability then the financial ratios would reflect an improvement in profit margin, operating margin as well as other ratios that are used to measure the productivity and profitability of the company. Three most important ratios for organizations are operating margin, net profit margin and total assets turnover. CoverGirl Cosmetics is the company selected for this report and as the company is a business unit of Procter and Gamble therefore financial statement of P&G’s beauty division has been used to calculate the financial ratios. In order to calculate the industry average ratios; two firms have been selected besides CoverGirl Cosmetics and these firms are Revlon and L’oreal. The following table shows the important financial figures required to calculate three

Leadership Essay Example | Topics and Well Written Essays - 250 words - 41

Leadership - Essay Example 68). The major challenge in personal development is handling criticism, which is essential in developing and understanding of personality. In spite of the challenges, understanding of the notion and the choice of the other people is integral in personality development. The hidden area in the model illustrates areas that cannot be handled personality and depends on the ability of others to help in the discovery. The hidden areas in personality include talents which may be identified by other people (Ashcraft, 2011, p. 69). The hidden areas depend on communication development allowing critical analysis of the behavior of the leader or individual. The blind and the unknown areas in personality will be understood when the crisis is handled in the company. The blind area is understood by others which may be different with the way one perceives himself. In fact, the blind area can be useful when trying to understand why others respond to you (Ashcraft, 2011, p. 124). The hidden area represents what one does not want others to know which may lead to crisis when known. The major challenge in Johari window theory is the understanding of the areas of control of the

To what extent did Malthus€™ philosophy influence Essay

To what extent did Malthusâ‚ ¬Ã¢â€ž ¢ philosophy influence Englandâ‚ ¬Ã¢â€ž ¢s policies towards Ireland preceding and during the Great Famine Cite 3 specific examples. Follow MLA protocol - Essay Example There were of course different interpretations of what constituted progress: Rousseau, Voltaire, and later Marx all had their ideas about it. One such theorist concerning the best means for improving the lot of all men was Thomas Malthus. His philosophy on the nature of man would later have a profound effect on English policy and attitudes toward Ireland. Malthus did not share in the absolutist claim that all men were equal as was the case with so many Enlightenment thinkers. But he did value man’s capacity for reason which means that he was certainly a man of his time. According to Malthus, humans stood apart from animals because of their possession of â€Å"reason and will.† â€Å"[Man] is motivated by his physical needs (necessity for food and shelter), ‘the passion between the sexes’ (love, and the ‘desire to possess a beautiful woman’), and the principles of self-love and benevolence† (Simons 1955, 61). It was that latter trait that Malthus most highlighted. Self-interest drives men to seek what they want, to work, and to reproduce. Mixed with the carnal impulses, this presented the very thing which governments must appeal to in order to enact effective social and economic policy. Malthus’ economic philosophy has often been summarized as being inhumane and indifferent to society’s poor. Many during his time believed that the advances being made in the sciences would contribute to a constant betterment of the plight of the poor and thus to the general progress of man. In his famous Essay Malthus said that an increase in food production would lead to a growth of population which would eventually become unsustainable and thus lead to collapse and chaos. â€Å"[M]arshes had been drained by the score in Ireland, with a consequent growth of population and no lessening of the pressure on resources† (Petersen 1979, 473). In order to confront this reality, Malthus proposed

Conflict paper Essay Example | Topics and Well Written Essays - 4000 words

Conflict paper - Essay Example e different forces or ideologies that there exists miss understanding between the individuals, groups, parties, or forces involved in the conflict (Raines, 2013). The two conflicting sides in a conflict are usually referred to as the protagonists and antagonists. There are various classifications of conflict, these include man against society: this is where man is in conflict with a social institution that is man-made. Conflicts that come under this classification, include the social conflicts, for example slavery, and bullying (Wandberg, 2001). The underlying principle here is that man is forced to make moral choices or is deeply forced by society’s moral values and rules that make him or her frustrated and desperately long for change. Man against man: this is wherepeople are usually against other people, it is also referred to as external conflict, and it may be in terms of direct opposition, for example, buy the use of weapons, for example, the Vietnam War, or World War II or reflect a subtle conflict of desires between two or more parties, for example, family disputes or a romance war (Dana, 2001). Man against nature: this is a type of conflict where man is in conflict with a particular force of nature, for example, animals; this has greatly been depicted in various parts of the world as man encroaches into territories that are usually in habited by animals (IrsÃŒÅ'icÃŒÅ', 2007). Additionally man could be experiencing weird forces of nature which include storms, tornedoes, snow storms as well as snow storms. Man against self: this is a classification of conflict where man tries too hard to overcome his or her own nature and follow a particular path that he or she deems desirable. It is also referred to as internal conflict and individuals apply the logic of good or evil, for example, a drug addict desperately trying to fight his addiction, a sinner desperately trying to avoid sin and embrace salvation (Hocker & Wilmot, 2013). In this particular piece of work,

Internet Library Research Essay Example for Free

Internet Library Research Essay The library is one of the best places wherein students can gather information for their assignments and researches. Libraries contain thousands of books that vary in subjects such as mathematics, sciences, arts, languages, and literature. In addition, it also provides students with other types of resources including periodicals, maps, CD-ROMs, and even the Internet. To say, therefore, that libraries are important in a student’s life is an understatement. As such, schools should make sure that students have constant access to the libraries even while at home. The North Central University is one of the many schools in the country that offers online access to its library. Students are able to search for resources that they need to complete their works even while not at the campus. They can talk to a librarian if they wish to. They can refer to guides if they encounter difficulty in using the online library or if they are confused in the writing process and cannot finish their research. The best feature of the university’s website is the abundance of resources it can provide for its students because of the numerous databases that it can access. The login page of the university is simple in that it does not require the students to search the page just to be able to log in properly. The login page also has options for first time users who have no account yet, for students who have forgotten their passphrase, and for those who need to reset their passphrases. An option to remember the user is also available on the page. The login button will take the student to the main page of the university’s website, which is the Learner Portal. Here, the student will be able to view his or her messages, announcements, and important events through the calendar. The portal has links to several other features, which include the library, writing center, and university documents. Clicking on the link for the library will direct the student to the main page of the North Central University online library. There are several options available for students in this area. One can ask a librarian about the availability of certain books. Students can search multiple databases for scholarly references. There are also guides in which students can refer themselves to if they have a hard time writing their researches. To perform a search that will yield scholarly references, students must click the NCU databases link and select their choice of database from here. The databases include EBSCOhost, LexisNexis Academic, ProQuest, and Sage. The database chosen for this activity was ProQuest, and the topic that searched was â€Å"ethical leadership in the 21st century. † Before performing the search however, there was an instruction to select the option â€Å"Database selected† so that the students will have the opportunity to select only the databases that are relevant to the search. The pre-determined databases include Career and Technical Education, Dissertations and Theses, ProQuest Computing, ProQuest Education Journals, and Research Library. The results of the search yielded seven documents from which only three were relevant. Among these three, only two was able to give full access to the document. The subjects that these documents fell under include counseling, organization behavior, anthropology, business ethics, psychiatry, and information science. Of these, only two were relevant to the topic being searched. The chosen citation reviewed was the one with the latest date of publication entitled â€Å"The Ethical Grounding to 21st Century Public Leadership. † There was a little difficulty experienced while searching for the author link because the document was full-text PDF format, which does not contain any links to the author. This was resolved by clicking the option to view the abstract of the document where the author’s name was hyperlinked to his other works. This particular document had two authors. Clicking the link for the first author (Niel R. Vance) gave five documents and only one was related to the original document because it discussed applied ethics. The second author (Brett V. Trani) did not have any other work aside from this document. Because there were only three relevant documents related to the search terms, another search was performed. This time, the word â€Å"21st† was replaced with â€Å"twenty first. † This yielded five results, two of which were relevant. The ProQuest database is user oriented in that it provides a Help link for people to find ways to enhance their search process. At the beginning of the search, the Help option allows students to learn how to improve their search. Students will learn how to limit their searches or exclude other options to refine their search. This would lead to better results and would take the students less effort when searching for their resources. Another Help link is also available after a search is completed. This will teach students how to read and mark a document, cite the document properly, and filter or sort the results. The database can also suggest topics and publications that are related to the student’s keywords. Overall, ProQuest excels in trying to provide scholarly and useful resources for the students of North Central University. The results were very relevant and close to the terms that were used to search the database. There were many helpful hints throughout the website for students to use so that they can experience the best while searching. These tips were also significant because the students are able to apply them in their papers, which would mean that they would commit fewer errors in their works. There was also an option for students to email a specific article if they want to share what they have found in their search. The references that the document used can also be viewed by the student to see if there are relevant information that can be used for his or her work. The experience provided new insights in performing searches. Although it was relatively easy, students need to know some tricks to yield better results like changing some keywords or using the suggested topics that the database provides. There is no doubt that technology has a big impact on everyone’s lives nowadays. Educational institutions have to keep up with the changing of times to meet the needs of their students even if it means having to set up websites and online libraries, and acquiring huge databases for their students. Online libraries are important because this would provide students reliable sources for their papers. This is in contrast to Internet articles that are freely available on the World Wide Web but are sometimes misleading and are questionable in terms of the content and the authority of the person who wrote it. While not all that can be found on the Internet is unreliable, it is better for students to not take the risk, especially if it is their grades that are on the line. Only trusted information should be used when doing academic research papers unless otherwise indicated by professors and instructors. It is essential to mention that students need to learn how to distinguish reliable sources from those that cannot be trusted. They should learn how to distinguish if a website has the requirements for it to be considered reliable. References Bahaudin G Mujtaba, Carol Griffin, Cuneyt Oskal. (2004). Emerging Ethical Issues in Technology and Countermeasures for Management and Leadership Consideration in the Twenty First Centurys Competitive Environment of Global Interdependence. Journal of Applied Management and Entrepreneurship, 9(3), 34-55. Retrieved April 3, 2009, from ABI/INFORM Global database. (Document ID: 1178660741). Kanungo, Rabindra N. (1998). Leadership in organizations: looking ahead to the 21st century. Canadian Psychology, 39(1/2), 71. Retrieved April 3, 2009, from ProQuest Psychology Journals database. (Document ID: 390882341). M. Fleckenstein, Mary Maury, S. M. Patrick Primeaux, Patricia Werhane. (2006). Ethical Leadership in 21st Century Corporate America. Journal of Business Ethics, 66(2-3), 145-146. Retrieved April 3, 2009, from ABI/INFORM Global database. (Document ID: 1113480671). Neil R Vance, Brett V Trani. (2008). THE ETHICAL GROUNDING TO 21st CENTURY PUBLIC LEADERSHIP. International Journal of Organization Theory and Behavior, 11(3), 372-380. Retrieved April 3, 2009, from ABI/INFORM Global database. (Document ID: 1536919851). Rost, Joseph C. (1995). Leadership: A discussion about ethics. Business Ethics Quarterly, 5(1), 129. Retrieved April 3, 2009, from ABI/INFORM Global database. (Document ID: 4596738). Vivienne Collinson. (2008). Leading by learning: new directions in the twenty-first century. Journal of Educational Administration, 46(4), 443-460. Retrieved April 3, 2009, from ABI/INFORM Global database. (Document ID: 1506286921).

Ing Vysya Bank Essay Example for Free

Ing Vysya Bank Essay Banking system of a nation is the shadow of nation’s economy. A healthy and profitable banking system is just like the backbone of nation’s economy. It is necessary for a nation to achieve growth and remain stable in this global world and global economy. The Indian banking system, with one of the largest banking networks in the world, has witnessed a series of reforms over the past few years like the deregulation of interest rates, dilution of the government stake in public sector banks (PSBs) and the increased participation of private sector banks. History of Banking System Banking in the modern sense of the word can be traced to medieval and early Renaissance Italy, to the rich cities in the north like Florence, Venice and Genoa. Origin of the word The word bank was borrowed in Middle English from Middle French banque, from Old Italian banca, from Old High German banc, bank bench, counter. Benches were used as desks or exchange counters during the Renaissance by Florentine bankers, who used to make their transactions atop desks covered by green tablecloths. One of the oldest items found showing money-changing activity is a silver Greek drachm coins. Its performance is getting better year by year. It has been crossing a new lap at every year. ING Vysya Bank has a wide variety of products and services which it offers to its customers. The main customer segment belongs to middle age group. It belongs to mainly business class and service class. Majority of the customers are satisfied with the services provided by the bank. Its major competitors include Kotak Mahindra Bank, Yes Bank, IDBI Bank, Karur Vysya Bank and Dhanlakshmi Bank. In short, it can be said that the future of the bank is very bright and the bank is growing at a fast rate.

Health Needs Of A Child Case Study Social Work Essay

Health Needs Of A Child Case Study Social Work Essay For the purpose of this essay I will write a critical analysis of a case study assessing the health needs of a child within a family. The case study is of a two parent family of a two year old girl. The family had transferred from another area. Their daughter was born prematurely at thirty one weeks. She didnt offer eye contact and had no voluntary speech. Full permission has been obtained to use the information in the case study. I used firstly Orems nursing model to assess the familys needs. Then a more appropriate framework Family Health Needs Assessment. The model is a behavioural model. Behavioural models are based on the hierarchy of human needs by Maslow (1993). The hierarchy starts at the bottom of a pyramid with essential needs, when these are met the person progresses up the pyramid until full potential is achieved (Maslow, 1993). Orems model is based on societies need for the client to be self caring (Henderson, 1990). Orems (2001) model has a continuum of self care abilities, the aim being to move along this continuum to self care or adapt to a diminishing self care in terminal or chronic ill cases. Orem (2001) states that the family and significant others in a persons life must be involved in their self care. It is a model which values individual responsibility, prevention and health education as key aspects of nursing intervention (Aggleton and Chalmers 2000). Orem lists the following key factors that influence health; 1. Adequate intake of air water and food. 2, Adequate excretion of waste. 3. A balance between activity and rest both mentally and physically. 4. Social interaction and solitude should be optimised. 5. The prevention or avoidance of hazards and danger. 6. The feeling of being and behaving normally leading to stress reduction. By being able to carry out self care in these areas the person fulfils what Orem (2001) calls their Universal Self Care Demands. If there is illness injury or disease the individual has self care demands in three extra areas (Orem, 2001). These are known as the Health Deviation Self Care Demands. i Structure. ii. Functioning. iii. Behaviour. Orem uses the Nursing Process starting with assessment of the family in order to discover their individual problems which are defined in terms of self care deficits (Orem, 2001). The first stage of Orems model identifies both the demands for and the ability to achieve, self care in an individual (Aggleton and Chalmers, 2000). I assessed the family the parents both worked dad is a chef and mum is a carer in a nursing home they are both supported by grandparents who lived across the street. Both were fit and well. The two year old daughter was causing her mother concern in that she was not speaking it was difficult to get her attention with very little eye contact. Using Orems list I asked questions about each of the six activities. The problems identified were related to the two year olds behaviour of pacing around the room not speaking no eye contact and slapping her hands one on top of the other. After gathering information I had to decide why there was a self care deficit. This was difficult using Orems which states the self care deficit should be linked to a lack of knowledge or of skills to a lack of motivation to achieve self care (Aggleton and Chalmers, 2000). These dont seem to apply to a two year old cared for by her parents. But clearly her behaviour was a cause for concern. I had now completed a good deal of paperwork a fault recognised by Fawcett et al (2004) in many instances it has led to nursing models being a bureaucratic chore (Fawcett et al,2004). A checklist method and standard care plans would have allowed for a quick assessment of the Universal self care demands (Kitson, 2001). The next stage is to plan and set goals (Salvage and Kershaw, 1990). The long term goal for each client would be the restoration of a balance between self care ability and self care needs (Salvage and Kershaw, 1990). The implementation of the care plan may involve activities to meet self care demands (Pearson et al, 2004). In addition members of the family, or significant others, may provide some care. Orem (2001) has identified six broad ways in which assistance can be given to implement a care plan. 1.Doing for or acting for another 2.Guiding and directing another. 3.Providing physical support. 4.Providing psychological support. 5.Providing an environment which supports development. 6.Teaching another. However each of these methods of helping requires compliance (Pearson et al 2004). Orems model demands that clients and their families are willing and able to adopt certain roles achieve self care (Aggleton and Chalmers 2000). 3) Evaluation Orem (2001) has suggested that the evaluation of care given should be measured in terms of the clients or families performance of self care. Using Orem we should set out goals in terms of what the family will achieve (Pearson et al, 2004). It was difficult to set goals babies who are born prematurely can suffer from learning difficulties and to investigate the two year olds behaviour was the goal. Orems model didnt seem to fit well with this families care. The major problem with nursing models concerns the relationship with the clients of the service. These are of two kinds. The employer for most nurses in the UK, the employer is the Government. The Government has aims and objectives for its health care system which is to use evidence based practice which may conflict with a particular nursing model or philosophy (Mckenna et al, 2008). Orems model is over fifty years old and is not evidence based. The problems mainly being centered on the daughters behavior the following framework was more appropriate for this family. An evidence based framework The Family Health Needs Assessment was introduced into the health visiting service in 2003 and is based on the Framework for the Assessment of children in need and their families (Department of Health et al, 2000). The Assessment Framework was intended to help practitioners to become child-centered (Horwath, 2010). The aim being to do an assessment of the familys health and parenting needs. A triangle is used as an illustration of the Framework the child being in the centre (Rose, 2009). The three sides of the triangle represent the key factors that influence the Childs health; child developmental needs, parenting capacity and family health and environmental factors. Each one has sub headings specific to the main heading. Childs Development Needs Health Education Emotional Behavioral Development Identity Family Social Relationships Social Presentation Self Care Skills Parenting Capacity Basic Care Ensuring Safety Emotional Warmth Stimulation Guidance Boundaries Stability Family health Family history functioning Wider family Housing Employment Income Familys Social Integration Community Resources The aim of the initial Family Health Needs Assessment (FHNA) is to undertake a full assessment of the familys health and parenting needs. The impact of parenting capacity, family health and environmental factors on the childs health and well-being is assessed to identify children and families who may require additional support to achieve the 5 outcomes identified in Every Child Matters (2004). Being healthy Staying Safe Enjoying and achieving Making a positive Contribution Achieving Economic well-being There is research evidence to suggest that low birth weight and prematurity indicates a greater risk of not achieving the 5 outcomes identified in Every Child Matters (2004). Then a family health plan can be developed to include the familys needs as agreed in partnership with the parent/carer. How the family wishes to address these needs An action plan which identifies specific interventions/support and who this will be provided by as well as the date for review and a review of progress made against the action plan. The assessment took some time I had to reword some of the questions for fear of giving offence. The assessment forms were lengthy and there was some duplication. Emotional warmth under parenting Capacity and Emotional and behavioral development under the heading Childs developmental Needs. I found it difficult to know what to include under some of the headings. In Calders study (2003) the practitioners found the heading for the childs developmental needs the most challenging of the three headings. A number got confused between social presentation and self-care skills and the majority struggled with assessing identity. The task for practitioners is to specify what, in relation to health and development, the child is at risk of and how significant they consider this risk to be (Horwath, 2010). The original Framework for the assessment of children in need and their Families has guidance and support materials which explain the risk of harm, reducing the Framework to the Triangle and a set of descriptions separates the needs from the risk of harm. Which could lead to a loss of focus on the child and their needs (Platt, 2006). Both parents in this case were happy to carry out the assessment some parents can be unco-operative or even hostile Brandon et al, (2009). This could also cause a lack of focus on the needs of children. Brandon et al, (2009) found that good parental engagement can also disguise risk of harm to a child. It is important hear what children have to say (Archard and Skivenes, 2009). I did engage the two year old with my identity badge which she recognized the picture but in this case I wasnt able to interview the child because of her understanding and limited speech. I was able to observe her though and record my observations. Brandon et al. (2009) describe the various ways in which professionals dont include children in the assessment. These include young people and siblings and a failure to address the needs of children who chose not to or are unable to speak because of disability, trauma and fear (Brandon et al 2009). Groups of children in need that are hard to assess included: disabled children; adolescents; children of different cultures and faiths; and children in asylum-seeking and refugee families (Brandon et al, 2009). Another group of children that also has been found to be difficult to assess are children in need from higher socioeconomic groups. These cases were found challenging by social workers because: the parents were more aware of their rights (Brandon et al, 2009). Care must be given to recording accurately what the child says and managing that information, especially if it is negative about the parents so not to expose the child to any more risk Practitioners are responsible for gathering information and they also have to share the findings of the assessment with family members. From the assessment I identified a problem under the heading Child Developmental Needs Health the two year old daughter was growing physically but was not developing speech and had limited eye contact. The family had just moved from another area. Their daughter had been born premature at 31 weeks and she had had follow up appointments at hospital now that they had moved the hospital was too far away. The follow up at hospital was important for her developmental reviews. So the first identified need was to register at the Doctors and explain that she needs a referral to the hospital for a full pediatric review. Speech was a problem in that she was making the occasional sound and not forming her words properly. I made the speech therapy referral and gained assurances that her parents would take her. We discussed taking her to a nursery to mix with other children. After talking it was decided so that mum could go too to join a mother and toddler group. So things moved swiftly we put a time scale on these three major things of three weeks. I arranged to visit again in two weeks.

To Kill a Mockingbird by Harper Lee :: To Kill a Mockingbird Essays

To Kill A Mockingbird By: Harper Lee SUMMARY To Kill a Mockingbird opens with Dill coming to visit his Aunt for the summer. Dill becomes a good friend with the Finches, Jean-Louise, who is nicknamed Scout and her brother, Jeremy Finch, who is nicknamed Jem. They live with their father, Atticus, who is a lawyer who had been given a case to handle and did not have any choice but to receive it and work his best for his client. The case was about an African man, named Tom Robinson, who was accused of raping a white woman. The children begin to play together and are oblivious to the stress of their surroundings. Eventually they start spending their time trying to get Boo Radley out of his house. None of the children have ever seen or even talked to the mysterious Boo Radley, but they know he lives shut up in the house next to the Finches. Jem, Scout and Dill spend hours-devising schemes and projects to persuade Boo out of his house. At the end of summer the three children haven't successfully even had a glance at Boo. Dill leaves hi s Aunt's and returns home before school starts. Scout starts school and immediately gets in trouble because she already can read and write. During that year Scout and Jem begin finding gifts in a knot in one of the Radley's trees. They continue finding gifts on their way home until one day the knot is sealed with concrete. Dill returns the next summer and the children resume trying to get Boo out of his house. One night the children sneak into the Radley's backyard. They almost make it to the Radley's window but they are scared off after someone shoots at them. Jem losses his pants fleeing when he returns later that night he finds his pants mended and waiting for him. Once again, summer end and Dill returns home. Late that fall Miss Maudie's house burns down during the night. As a precaution the Finches stand outside watching the fire. Mysteriously Scout wakes up the next morning wrapped in a blanket that are not hers. A little time before Christmas, Scout and Jem begin to get torme nted that there father, Atticus, is a nigger lover. Atticus pleads for the children to not fight about it. Scout manages to restrain herself until her cousin Francis says it. Scout beats her cousin up and then leaves.

THE LESSON :: Essays Papers

THE LESSON 1 "Ah! If only I could be young again!" Most people often say this statement. People wishing they could go back to their youth and make a change. [Frag - 1] If one could become young again, would he/she really change? Or is youth a state of mind? In "Dr. Heidegger's Experiment", [,"] Nathaniel Hawthorne gives us an example of what can happen when one does become young again. The theme of this story is that morals established in one's youth remain unchanged throughout one's life. 2 The narrator does not identify himself as a character, nor if his character is present during Dr. Heidegger's experiment. [SS The narrator does not identify himself as a character or participant in the experiment.] Within the story, the narrator does mention that this [What is "this"?] might seem unbelievable and false. He alludes [Diction] that the story may be a lesson in morality. The effect of such a narrator allows the audience to decide if the story is true or a mere lesson. [A lesson cannot be true?] 3 Throughout the story, symbols of youth and age are present everywhere. The rose, which Dr. Heidegger has kept for 50 years, symbolizes his love and commitment for Sylvia Ward. It also symbolizes youth. When Dr. Heidegger places the rose in the liquid of youth, it blooms just as the characters do when they drink the elixir of life. However, the rose has a double meaning. It also means death. As the rose withers, so do the characters. [What else is the rose associated with?] 4 The experiment starts on a summer afternoon. Symbolically, a summer afternoon means youth. The characters become young during this time. When the sun sets, they age. The sunset symbolizes aging. 5 Throughout the story, we hear about this Fountain of Youth. Also referred to as the elixir of life or the liquid of youth. [Frag -1] This Fountain of Youth is really a state of mind. Like the saying goes, "you are as young as you think you are." That is what this elixir of life is really about.

DuBois and Black Nationalism Essay -- essays research papers

DuBois and Black Nationalism The Epigraph:  Ã‚  Ã‚  Ã‚  Ã‚   â€Å"The colored people are coming to face the fact quite calmly that most white Americans do not like them, and are planning neither for their survival, nor their definite future†   Ã‚  Ã‚  Ã‚  Ã‚  W.E.B. DuBois â€Å"A Negro Nation within the Nation† The Premise:  Ã‚  Ã‚  Ã‚  Ã‚   Black Nationalism is a pragmatic solution for the success and survival of the oppressed African Americans. The Argument: Black Nationalism is defined by Karenga, as the political belief and practice of African Americans as a distinct people with a distinct historical personality who politically should develop structures to define, defend, and develop the interests of Blacks as a people. Black Nationalism can be traced back to the 18th century, back to William Edward Burghardt DuBois, the most prominent black intellectual of all time. Black Nationalism is the response of African Americans to the continual racism and oppression they experience. It came about because of two reasons; the racism that they faced daily, and being exploited economically by white supremacy. Black Nationalism seeks a solution to the problems that African Americans face on a daily basis. After the Civil War, the situation of the black people was not good; it was a semi-free, semi-slave situation. An example of this is tenancy, where the Blacks have control of the work process and work schedule but ultimately had to give up the fruits...

Leadership and Learning

In his life, the writer of this paper was able to know several leaders who are both supportive and excellent in their own ways of leadership. As a result, the writer decided to take bits of their styles to learn from and implement into his own eclectic style. Yes, basing from experience, even the bad leaders have something to teach the present learning of the new leaders of this era, certainly, they unintentionally show us what not to do. Looking back to reflect on his learning’s has enlightened the author of this paper to a plethora of areas in which the writer himself incorporated small aspects of how each of the leaders in his past have managed their employees and company. The style that the writer has come up with is one that he intends to use to produce quality management in his workplace. As for a fact, quality leadership is very important in almost any organization. The author of this paper thus defines quality leadership, or effective leadership as the innate ability to consistently motivate a staff of employees towards attaining the objective of an envisioned mission statement. However, several books authored by different leaders have many definitions of the term leadership. Within the content of this paper, the writer will illustrate the key components of quality leadership and the approaches that are taken in order to achieve it, including the different leadership styles and managerial traits. The writer will also elaborate on the plan to implement the knowledge that he has gained from the class and how it will benefit organization as well. Where to begin In order to evaluate what styles to implement, the writer needed to determine what theories and approaches would benefit him in upholding the mission statement in his current position. An organization trying to live up to its mission statement needs individuals who are effective and competent leaders. Thus, in order to have good leaders,   an organization has to have a clear and concise vision as to where it wants to be. As stated in the text, â€Å"like definitions of leadership, conceptions of leadership effectiveness differ from one writer to another† (Yukl, 2006, 9). In the writer’s perspective, an effective leader must recognize what is minor and what needs to be strongly improved within the existing management and leadership systems within an organization. In order to attain the level of quality and effectiveness that the organization deems acceptable, certain behaviors must be displayed. These characteristics should be congruent to being more proficient in pursuing and achieving the objectives of the entire organization. The first behavior to be discussed is the participative leadership. This style of leadership works extremely well in a setting such as the correctional facility that the author of this paper is working with. This approach as indicated by the book, â€Å"participative leadership, delegation and empowerment are subjects that bridge the power and behavior approaches to leadership† (Yukl, 2006, 82). This style can be exercised in particular, through engaging oneself in a constant dialogue with his peers, subordinates, administrators, team members, and outside treatment providers. As an effective leader using participative leadership, the writer would continually ask questions, probing all levels of the facility for input to ensure that everyone feels empowered and involved. This particular approach has worked well for the author thus far; as for a fact, it has earned the respect of his subordinates and peers as well towards his position in the organization. Earning respect has created a record of success that has propelled the author into a new position with higher responsibility in the face of uncertainty. Being a participative leader has allowed him a little breathing room in a period of upheaval at his own facility. Using this approach has instilled self-confidence in the writer’s subordinates, making them effective followers (Yukl, 2006, 137). Having effective followers has led to a decline in late night emergency calls, or calls to deal with otherwise trivial issues with a youth or any client that the organization deals with particularly. The staff now being effective followers will take the initiative and make decisions to deal with these trivial issues. Participative leadership is the main ingredient for the writer’s successful management style. There are other contributing factors as well. Creative visioning and creating a verbal picture of expectations, instilling belief in my abilities, and influencing others to commit to maintaining our mission statement are some of the other factors attributed to my success. All these procedures coupled with a willingness to take risks, especially when faced with adversity is the recipe for an environment conducive to efficiency. Power and influence Another area of concentration to becoming a more effective leader would be the area of power and influence. In order for the writer to continue on his path to a successful career, he certainly needs to be open to new ideas, insights, and revelations that can lead to better ways of accomplishing goals. He also needs to have control over the type of power that the writer chooses and thus exercise in actual leadership performance to employ at different times. There are five base types of power in the French and Raven power model, which includes reward, coercive, legitimate, expert, and referent power. Reward power would work in attempting to maintain fidelity in the use of our evidence based curriculum as it would allow the writer the ability to reward staff members who accept the directives that the leader particularly placed on them. It may take the form of praise, cash, a good review, recommendations, choice of the next assignment, or any number of things that encourage the desired behavior from a staff member. Coercive power could prove useful as it is the opposite of reward power, but would be used differently than discipline because it is personal where discipline may not be much applicable enough to improve the organization’s structure. The subordinate can learn from discipline, where coercive power does not provide an opportunity for employee improvement by learning. Coercive power threatens subordinates with something unpleasant or even stressful so that staff will submit to the directives given. This is a power that would be used as little as possible, due to the detrimental effects it has on the respect for the leader. In the daily milieu at the writer’s facility’s legitimate power is very important because this is in compliance of the social conditioning. Most employees have the notion of rank, which is a designation of who has power over whom. This has advantages because it decreases the second-guessing of assignments and directives because employees feel obligated to comply. The next type of power expert power is one that is frequently employed by the author of this paper. This is the power that comes from knowledge and experience that is appropriate for the current situation. For example, a physician has expert power over patients due to the years and years of education, training, and practice that he or she has completed. This same individual may not have expert power in other areas, such as administration or management. Individuals with expert power may need to adjust their approach in situations where they do not have expertise, but are expected to lead. When a problem arises on the living unit and the author of this paper is called in, to make a decision, he enters a situation where he is in a position to use expert power. This is due to his years of experience, and the many training seminars he has attended over the years. This is the reason why this particular leadership power is one of the most effective preferences of the writer. Last but certainly not least is referent power. As a leader with referent power, that author is the one that others refer to In particularly owing mutual respect. This respect comes from a successful record of accomplishment over a period of time involving common interests between individuals. This is why subordinates according to the text, â€Å"comply because he/she admires or identifies with the agent and wants to gain the agent’s approval† (Yukl, 2006, 148). Having a proven record of achievements carries a tremendous amount of influence with subordinates as well as with colleagues. This mutual respect is paramount in having a positive and productive work environment. Having said all of that, the writer finds himself deciding to implement each of these types of power in order to achieve his goal of having an eclectic style of leadership. Now more than ever the writer needs to employ many different approaches and styles into his daily managerial duties. With all of the recent chaos in the writer’s facility, he has found himself behind the eight ball so to speak. The writer feels that it is important to implement all five of the different kinds of power so that he can be proficient in the appropriate use of power and have a positive influence over his subordinates. Gaining and maintaining influence over employees is a difficult task if the leader is not careful. In this situation the writer would have to first visualize specific, measurable and attainable tasks that when achieved, will allow the writer to feel affecting and appreciated by others as being a positive influence. Next, the writer would need to identify the tools, or resources, that he already possesses as an influential leader. These resources would be the factors that assist in displaying my knowledge or power in a situation. Unfortunately, due to modesty and lack of awareness many leaders do not use or are even aware of the internal tools at their disposal. In this case, the writer is well aware of his internal resources to increase his influence positively over my subordinates. Some of the tools that the writer has at his disposal are intelligence, good judgment, knowledge of the industry, past success in institutional settings, and of course charisma. In order to achieve success in using the internal tools the writer has, he would need to use proactive influence tactics (Yukl, 2006, 166). To do this the author of this paper would implement rational persuasion first. This technique involves managing his subordinates using valid, rational reasoning. When addressing employees, the writer would carefully in a clear, unemotional and orderly manner, explain issues, ideas and protocols. Then he would be sure to solicit their questions and concerns, then explain any uncertainties and proposed discrepancies in a manner that they could easily comprehend. Remaining unemotional about the objectives that need to be achieved, the subordinates would come to regard the writer as an effective leader. The Multiple linkage model gives a great starting point for growth. To be a good leader, the author of this paper must know his subordinates and be aware of their abilities, and knowledge of the task. A clear and concise job description needs to be provided for the employees to ensure clarity. As the leader, the writer would need to define the roles of subordinates and direct them on what, how, when and where to do different duties. The need for a set criterion for employees to follow is essential as Max DePree states in his text, â€Å"at times in business, the congruence of principles and practice-or their incongruence-comes sharply into focus† (DePree, 2004, 113). In laymen’s terms the defined guidelines need to be clearly defined and enforced.  Ã‚   Using this style, writer would influence subordinates to internalize the values and beliefs of the organization. Then over a period of time the subordinates would develop the desired skills and traits through choice and training. This, along with the styles, theories and approaches discussed earlier will help the writer to develop into an effective leader who through learning will have a powerful influence over the subordinates under him. Conclusion This course has given the writer many different tools that he can implement at a moment’s notice, to help him become an effective leader in his own organization.   This will have a tremendous impact on his professional life particularly in helping him in continuously upholding his integrity in his profession. This will also help him maintain congruence and consistency in his personal life. The writer has come to realize that there is no secret recipe or any formula to become an effective leader. It is a process of trial and error, successes and failures. Thus, the author of this paper can never stop trying, and with practice, he will certainly increase his chances of success in leadership by absorbing all the information that is passed on to him by other leaders who ought to inspire him continuously. It is important for the writer to remember that no one style of leadership is appropriate for every occasion or situation. In addition, the author of this paper must ensure his awareness of a situation and how others perceive his approach. There must be readiness to choose the leadership style that is the most appropriate for the occasion. When a leader has the proper tools in place to effectively run a department, or facility they can use these tools for guiding the organization towards its mission statement. Since beginning this class my awareness of how remarkable the art of leadership is has grown immensely. The writer can now say without a doubt that he has chosen the correct career path. References: DePree, Max. (2004) Leadership is an art; New York, NY: Random House Inc. Yukl, Gary. (2006) Leadership in Organizations; Upper Saddle River, New Jersey: Pearson Education, Inc.               

Basic Law (Tort)

Building law and contract admin Assignment no 2 Tort Volenti non fit injuria Latin / voluntary assumption of risk. A defence in tort that means where a person engages in an event accepting and aware of the risks inherent in that event, then they can not later complain of, or seek compensation for an injury suffered during the event. This is used most often to defend against tort actions as a result of a sports injury Smith v Charles baker & son 1891 Dulieu v White and son 1901 Herd v Weardale Steel and Coal 1914 Doctrine From the Latin word doctrina meaning â€Å"teachings. Something taught as a the principle or creed especially in religion. A rule or principle of law established through its repeated use. Doctrine of alternative danger The plaintiff is supposed to be careful in spite of the defendant's negligence, there may be certain circumstances when the plaintiff is justified in taking some risk where some dangerous situation has been created by the defendant. The plaintiff migh t become perplexed or nervous by the dangerous situation and to save his person and property, or sometimes to save a third party from such danger, he may take an alternative risk.The law, therefore, permits the plaintiff to encounter an alternative danger to save himself from the danger created by the defendant. If the course adopted by him results in some harm to himself, his action against the defendant will not fail. The judgment of the plaintiff should not, however, be rash. The plaintiff is not only justified in taking risk for himself, he may take risks for others as well. Jones v Boyce 1816 Thin Skull Rule An additional exposure in tort liability towards persons who are particularly vulnerable or more fragile than the norm, who may have inherent weaknesses or a pre-existing vulnerability or condition.The tort-feasor takes his victim as he finds them he compensates for all damages he caused, even if damages are elevated compared to a norm because the plaintiff was thin skulled . The principle appears to have emanated from a 1901 English case, Dulieu v White and Sons, where it was stated â€Å"If a man is negligently run over or otherwise negligently injured in his body, it is no answer to the sufferer’s claim for damage that he would have suffered less injury, or no injury at all, if he had not had an unusually thin skull or an unusually weak heart. For example, if a person who has physical or psychological infirmities which extend, beyond a the norm, his/her recovery from injuries resulting from another’s tort, the defendant’s damages are not discounted accordingly but, instead, are adjusted upwards to fit the â€Å"thin skulled† victim Dulieu v White and Sons 1901 Contributory Negligence The negligence of a person which, while not being the primary cause of a tort, nevertheless combined with the act or omission of the primary defendant to cause the tort, and without which the tort would not have occurred.Contributory neglige nce applies solely to the conduct of the claimant. It means that there has been some act or omission on the claimant's part which has materially contributed to the damage caused and is of such a nature that it may properly be described as negligence. Froom v Butcher 1976 Nance v BC Electric Railway Co. 1951 Stinton v Stinton 1993 Res Ipsa Loquitur Latin / the thing speaks for itself Generally, in tort, the mere fact of an accident is not proof of negligence. But in some cases, negligence is presumed on the defendant since the object causing injury was in or under his or her control.This is the res ipsa loquitur doctrine. Res ipsa loquitur is a rebuttable presumption rebutted by showing that the event was an inevitable accident and had nothing to do with the defendant’s responsibility of control or supervision. Examples of res ipsa loquitur, not all of which can be assumed to apply today which illustrate the doctrine. Getting hit by a rock which flies off a passing dump truck. A ship in motion collides with an anchored ship. Damages occasioned by the collision of two trains of a same railway. Devine v Colville’s ltd 1969Royal bank of Scotland v Etridge 2001 Donohue v Stevenson 1931 Question 2 i. Which parties may be liable for the injury and losses suffered Introduction To deal with the liabilities of this case I feel it would be poignant to break the case down and investigate each individual parties involvement and therefore liability. List of parties possibly involved West Kent collage Buildright Ltd Kentcrete Ltd Driver 1 ( using the designated entrance) Driver 2 (using the staff and student entrance) Driver 3 (driver of the car)Student 1 (the driver of the car) Student 2 (student that was hit by the car) Student 3 (who was sick due to the accident) Air ambulance service Hospital West Kent collage West Kent collage had appointed a competent contractor to legally carry out the construction of the new building and would not seam to be directly in volved in the accident, Although they do have a reasonability of care to there students. The students involved were in areas that were designated for there use, and therefore not acting illegally or with negligence.The fact that student 1 was in the driver seat in the car would imply that the car was, just stationary, and not parked illegally. Due to the collage being â€Å" to far away† or â€Å"not directly involved† the collage in my opinion would not be liable in any way Buildright Ltd As with the West Kent collages involvement build right Ltd would be considered to have a duty of care for the overall running of the construction process and all parties therefore involved, however again it can be reasonably expected that Kentcrete the local supplier would carry out there task of delivering the concrete in a legal and competent manor.Therefore no liability for the accident would be upheld. Kentcrete Ltd Kentcrete would be considered to have a direct or primary reason ability for the actions of its employees under the law of vicarious liability. Employers are vicariously liable for the torts of their employees that are committed during the course of employment. they could therefore be held responsible for driver 1 and driver 2’s actions. Driver 1 using the correct entrance, and having no problems can be exonerated from any responsibility.Driver 2’s action of using the wrong entrance and then crashing into the car would therefore make kentcrete liable under the rules of vicarious liability. Driver no 1 (using the designated entrance) Although the driver may have been â€Å"keen to deliver†, he/she used the correct entrance, had no accident, and would therefore not be held reasonable in any way. Driver no 2 ( using the student and staff entrance) This driver would be considered to have committed a tort or â€Å"wrong† by intentionally using the wrong entrance, or at least being negligent by not using the designated one.H e/ she would be considered to be liable of negligence as it would be reasonable to expect the driver to use the correct entrance. He / She could also be held reasonable for the injuries to student no 2 as being a direct cause by hitting the car. Student no 1 (the driver of the car) Student no 1 could not be held responsible for the injuries to student no 2 He/She had not committed a tort, and was not a employee of the companies involved, it would not be reasonable to expect student no1 to be able to foresee the actions of Driver no 2.Therefore no liability would be upheld for the injuries caused to student no 2. He / She would not be guilty of trespass to the person as there was no attempt or offer to apply unlawful force nor was there any intention to bring a an object, the car, into contact with a person. Student no 2 / Student no 3 Both theses students would not be held responsible as no tort, negligence, or trespass to the person has been committed and neither would be liable. A ir ambulance services and the hospitalNeither could be held responsible for the events that took place before they arrived, however there may be a case for negligence due to the delay that took place in treating the arrival of Student no 2. The 20 minute delay due to an admissive mistake may have been considered a breech in duty of care and therefore negligent. We would then need to approach the subject of whether the death of student no 2 was a direct result of the delay. Ii . What defences may be available to those potentially liable to avoid or reduce liabilityKentcrete Ltd could argue that the main contractor Buildright Ltd hade not made them aware of the conditions of site and that there was a specific entrance that was to be used, If this were the case it may be that build right could be held partially reasonable as The negligence of the claimant which, while not being the primary cause of a tort, nevertheless combined with the act or omission of the defendant to cause the tor t, and without which the tort would not have occurred IE if build right had told kentcrete that there was a specific entrance then the driver would have used it, therefore they contributed to the tort and could be held responsible under contributory negligence.Driver no 2 could argue the same, He / She could also argue that there were no signs to the front of the building and the entrance was unmarked, Was student no 1 under the influence of drugs or alcohol, Was it a dark day and did the stationary car have lights on, was the stationary car illegally parked at the time and causing a public nuisance or obstruction to the highway, these may not all be defences but would be considered at least mitigating circumstances. The hospital could argue that the time delay was reasonable under the circumstances, were they particularly busy. Did the time delay contribute to the deterioration of student no 2’s health or was it inevitable. Iii / iv which parties may entitled to remedies for injury and losses suffered ? Student no 2, ho is now unfortunately dead, would be unable to claim at all, but his parents, family or legal guardian would be able to claim or sue for damages, who they sued would be dependant on the findings of the hospital inquiry or the report from the corinor as to the cause of death.It may also be true that the lorry driver could be sued for manslaughter through the criminal courts. Student no 3 the driver of the stationary car could sue and claim damages for the whiplash they have suffered, loss of earnings due to the whiplash, these could be claimed through physical injury and economic loss respectively, sighting Donahue v Stevenson 1932 and Carroll v Fearon 1988. The repair to the car would be recoverable through the motor insurance of the lorry. Question 3 What is and is not recoverable through the courts ? The client may be able to recover damages from the main contractor, for all and any damage caused as a direct result of the fire.Sighting Mcardale v Admac roofing 1967 when the main contractor was found to be responsible when a roof was constructed incorrectly. Or sighting Scottish Special Housing Association v Wimpey Construction UK Ltd 1986 The main contractor in turn may be able to recover there loss from the sub contractor for negligence if the air conditioning installed was found to be at fault. Sighting Tyco fire & integrated solutions v Rolls Royce motor cars Ltd ( 2007) The neighbour who tried to extinguish the fire would not be able to recover damages for smoke inhalation or for losses through earnings, It may be the case that he could be sued himself for trespass, sighting Manchester airport v Dutton (1999) S A Mercer HNC year 1

I Am Sam Reaction Paper

ENGLISH 2 Chu, Jensy P. February 28, 2013 TTHS 1-2pm Prof. Bernardo I AM SAM -Reaction Paper I. SUMMARY The movie revolves around a mentally challenged man named Sam Dawson. He has a 7 year old daughter, Lucy who in under unfortunate circumstances was taken away from him. Now he asks help from a well-known lawyer, Rita and fights for custody over Lucy. With the help of his friends and loved ones, they do their best to get Lucy back. On the way, rough challenges comes their way but strengthens their bond and love for each other. II. PERSONAL REACTIONThe movie is a very touching, spectacular and award winning motion picture I’ve seen in my whole life. For it touched my heart and made me realize facts about life. This movie has such sad and funny parts and the acting is absolutely fabulous. All in all, This movie tells an amazing story and is never boring. I really loved the movie. The actors portrayed their roles perfectly. Sean Penn did a wonderful job in portraying a mentally challenged man. Like when he was about to give up when he saw Lucy with her new family, there was a moment that the camera focused on his eyes. You can really see the warmth he injects into his acting.Now Lucy played by Dakota Fanning for me exhibits a depth of soul which made her acting a stellar work. At such a young age, to be able to act like that is very impressive. And Rita played by Michelle Pfeiffer, her acting is skillfully acted out. She can show different emotions perfectly. From the cool composed lawyer to a troubled wife and mother. And the supporting actors did a brilliant performance too. I also love the soundtrack associated with the movie. The music is such delight. Every song is a rousing piece made up of either cheerful fluffiness or emotional embodiment in which it suites the scene quite nicely.Examples are the song Blackbird and I’m looking through you, this two songs I really like. I really loved the movie but I was a bit dismayed with the ending. The en d, in particular was unrealistic yet satisfying in a certain way. It didn’t really say what happened. It just showed what happened not how it happened. Other than that I’d give the movie a two- thumbs up. Indeed the movie is a piece of artwork. To those who want to be moved and get teary eyed, to those who wants to laugh at life. I recommend everyone see it. If you don't, you're missing out.

Medea Monologue Evaluation

The monologue I was given was an extract from the play ‘Medea. I played Medea. My director (Mark) and I started with a read-through of the script, even from the first read-through we decided the main theme was that we wanted to show her need for revenge. We the realised this was from the same play that we watched last year. We used this to come up with that themes needed such as her still being in love with Jason. We used units and objectives to the scene into sections. From different sections we got different units, some parts should show a very vulnerable side then others showed anger and love. We realised this was a script needed different levels of emotion and having the ability to change your emotion very quickly was key. We decided to focus on her unrequited love for her husband (Jason) who divorced and betrayed her. Also the anger that she held towards him because of the betrayal needs to be strong. She needed to be quite hard and strong but vulnerable at some points. Once we had cracked the themes and character personality we started do proper rehearsals. I rehearsed by myself to learn my lines and come up with some ideas on how to perform it. Then in school we tried the different ideas and different ways to say each line changing as we go. I sub-texted each line and brought it in so again we can see what she is really trying to say with each line. This made us change how I said the beginning of the script. We hot-seated with different partners’ and the question really made me think. It made me want to show that she still loved Jason but hated him too. Our class did an exercise when we had to be stuck in a lift with as our character with other characters. This was eye opening too, just how much of a strong facade Medea put on to try and mask her feelings. The set was just a simple chair in the middle of the stage. We wanted simplicity so people could focus on the dialogue. The costume again wasn’t complex but purple velvet toga (because she is a Greek princess); this was to show her royal roots. The rehearsal with Mr. Borrill was what turned it around because he told me what to focus on, what parts are meant too be strong and what parts are meant to show weakness. It definitely helped me develop how I wanted the audience to see Medea in the last few days before the performance. The day of the performance arrived. I used emotional memory to get me into the mood just an hour before and I think this really helped in the believability. I think it is one of my best performances; I felt like I connected with audience and used my projection well. I had just enough tension filled moments and I used the silence well. My main fault is my staging, I should’ve moved around more and that is something we focused on in rehearsal but I think my nerves didn’t want me to move. I used props well, when I used it as a symbol of different things such as one represented Jason. I think it was a very good performance other than the staging. I was proud of myself

Case Analysis of Rogers Chocolates Essay

There are multiple issues facing Rogers’ Chocolates. Rogers’ has a dated value proposition. In order to expand they need to compromise the history behind the brand. The service tactics and packaging is old fashioned. The need for a different look was further backed by a consultant hired by Rogers’. Their current traditions may be well received in Victoria but they aren’t working to fully expand markets. Rogers’ brand image was tarnished due to the import of raw materials from West Africa. West Africa was faced with issues of forced labor and child labor used in the production of cocoa beans. In Victoria, matters concerning the social and community environment were important to consumers. This poor brand image had forced some consumers to switch brands. Although one cannot make every consumer happy, it is best to keep an appealing imagine in the media. The company had issues keeping track of demand, supply and the production of chocolate on an annual basis. This created issues with inventory. Production was also slowed, due to the daily setup and equipment. Production was one shift daily and it was very labor intensive. Rogers’ also had issues with demand forecasting as it was difficult to track due to seasonality of sales. Rogers’ product had a shelf life of 6 months but smaller wholesalers were selling expired products, another area where the supply to wholesalers should be tracked. Another key issue with Rogers’ was the market they served. Since Rogers’ relied on serving a niche affluent segment of the market who sought luxury and supreme quality, they lost consumers. Their premium price point scared consumers and wholesale accounts away. The consumers of Rogers’ were also tourists who were steadily declining. Rogers’ Chocolates was also experiencing the decline in its foreign consumer base, as the ratio of tourists visiting Victoria had declined over the years. Recommendations Rogers’ Chocolates has to target the younger market and update the design of its packaging, for some of the items. They should use flashier tins and wrappers to gear to those consumers outside of Victoria. However, they should maintain what works for consumers in Victoria. They should take advantage of social media which is less costly as compared to other means of  advertising to lure in new consumers. This will boost sales and revenue. They need to increase brand awareness and reach out to a greater number of consumers through electronic or print advertisement. Television advertisement should also be used in a larger scope. They need to communicate to consumers about what they are doing to play their part in the community. Rogers’ should go public on what are they doing to promote themselves in the realm of social responsibility. Rogers’ should tie the community into charity events to create brand awareness. They need to improve consumers’ thoughts about their brand due to the issues in West Africa. They need to adopt effective public relations avenues as a means of promoting the positive image of the brand. Sam’s Deli needs a clearer vision, better management and more recruitment. They need to decide whether franchising would be a viable and profitable option. Rogers’ should also add a section of Rogers’ chocolates at Sam’s Deli so that the visitors to the restaurant may also purchase the assortment, which could secure new loyal consumers. They should provide free chocolate samples at Sam’s as a marketing ploy. Rogers’ production needs improvement. They need to establish effective tools to forecast changes in the consumer’s demand of chocolate in the local market, and match the production accordingly to avoid extra expenses and excessive waste. They should consider adding more shifts. This will put further stress on recruiting better workers, however it will make them more efficient. Rogers’ should adopt better opening, closing and cleaning procedures. They should look into the costs behind mechanical production vs hand made. This can potentially make them more efficient as well. All this should be done without compromising quality. They should consider offering a more price friendly product vs high price point to open the market up to those who aren’t affluent but still will pay for quality chocolates. In their retail stores they should continue creating a positive image of the brand in the mind of the visitors. They should also continue to create strong brand loyalty and continue to market themselves as a unique gift item which can be given to others. Porters Model Threat of New Entrants The growth rate in the chocolate industry is falling, which makes the threat of new entrants low. However, the traditional manufacturers are moving toward premium chocolate in an effort to maintain significant profit margins. This makes a moderate threat of entrants. They are doing this through market acquisitions or up marketing. There is also a greater profit margin in case of premium chocolate which makes it a more attractive tactic for the new entrants. Bargaining Power of Consumers Consumers have a moderate level of bargaining power. The loyal Rogers’ consumers dictate the packaging and store experience. Rogers’ has held onto this traditional view for their consumers. Consumers will pay the higher price because they value Rogers’ and will not switch brands. Bargaining Power of Suppliers The suppliers have moderate level of bargaining power. Consumers wanted healthier options but Rogers couldn’t gain any support from suppliers to be a part of its organic or fair trade plan of action. Threat of Substitute products and services The substitute products can be any other non-premium chocolate bar, chocolate products or candy. There are many different chocolate products available and most are an easy to find. There are about 20 options at close reach in the checkout line at the grocery store. Chocolate is readily available and this is a large threat. Most will take advantage of that availability. There are also other services available; there may be smaller private chocolatier companies that play a role in substitute products. Intensity of Rivalry among competitors in an industry The chocolate industry has a high level of competitive rivalry. There were many organizations manufacturing and selling high quality premium chocolate including Godiva, Bernard, Callebert, Lindt and Purdy’s. The competitors were making efforts to gain a larger market share through offering high quality products, but they had more affordable prices in comparison to Rogers’. SWOT Analysis Rogers’ Strengths †¢High pre-Christmas sales. †¢Premium ice cream. †¢Loyal consumers. †¢High quality, luxurious brand image. †¢Market penetration through various outlets retail, wholesale, online mail and phone orders. Sam’s Deli playing a significant role in the sales and profitability of the chocolate sold by the company. †¢The retail store run by the company was capable of creating a positive image of the brand. †¢Viral marketing more effectively. †¢Internet as a source of marketing, with high quality websites that were easy to use. Rogers’ Weaknesses †¢The company had issues in case of keeping a record of demand, supply and production of chocolate on an annual basis, which inevitably resulted in inventory issues. †¢Poor community outreach. †¢Inefficient daily processes. Opportunities Rogers’ has the option to penetrate more locations outside of Victoria with better media coverage and advertising. †¢The can produce more if they streamline their production process, which will avoid inventory shortages. †¢Rogers’ can look into acquisitions or up marketing also to better position themselves in the market. Threats †¢Godiva, Bernard, Callebert, Lindt and Purdy’s. †¢Competitors were making efforts to gain a larger market share through offering high quality products, but they had more affordable prices. †¢Substitute products †¢Multiple chocolate manufacturers not listed, ie Nestle, Hershey etc.

Body Art Essay Example | Topics and Well Written Essays - 500 words

Body Art - Essay Example Skulls, bones and other body parts engraved as a tattoo on human body is the distinctive and weird trend; that depicts neither beauty nor ugliness but depicts the kind of evil which is intrinsically a part of human nature. Tattoos are also made to replace ornaments, like a delicate and beautiful flower sequence on the neckline can replace a necklace or the same between should blade off the back depict the veracity of female beauty. These tattoos depict beauty and art on an artistic human body (naturally human body is a marvel) and at the same time a hidden message for the on lookers that the female has ornamented her body with vivid colors to signify her style and also signifies her choice and liberty. However, in the professional arena, they are never appreciated nor encouraged. They are a symbol of rebellion, distinctiveness and undisciplined individuals. These individuals can be troublesome and cannot take significant responsibilities. These are all the assumed notions of professi onal recruiters, but if these tattoos are kept under clothes they aren’t much of an issue to the world. The criteria of any society are if something is made irrational, forbidden and unlikable than the norms of such society will always decline its importance and discourage those individuals who chose them. However, if they are a part of a culture than such trends become most popular and highly applicable. Like body piercing and tattoos in African tribes are highly appreciated or polygamy in some societies is also encouraged.

Correlation between surfing culture, spirituality, and religion Research Paper

Correlation between surfing culture, spirituality, and religion - Research Paper Example Correlation between surfing culture, spirituality, and religion However, it is also practices in some specific lakes and rivers. There is therefore a correlations surfing and spirituality. Most surfers also state that they get a moment to connect with the Creator when they are at the ocean. Normally, surfers have to wait until waves begin flowing. It is at this moment that they get a chance to observe and marvel at the nature surrounding them. They enjoy the flora and fauna at the ocean and get to understand that they are a supernatural being that actually controls all these. This is also a time for introspection amongst many surfers. They get to connect with their inner being, including their role in the world. To them, creature are more than physical things, but also spiritual. However, it is not possible to talk about surfing and spirituality without mentioning media. The three parts of social cultures cannot be separated from each other. It is the media, which actually propagates the activity of surfing as well as religion. For instance, ther e are various electronic and print media, which have been involved in covering surfing activity. However, it is difficult for the media to report the surfers’ spiritual experiences. However, as it shall be demonstrated in the following research, many surfers who are interviewed indicate that they actually experience connection with supernatural being. Research question: Is there a relationship between media, surfing, and spirituality? Hypothesis In this researcher, the main hypothesis is that surfing is more than just an activity for entertainment. It has been used to draw surfers closer to their gods, as well as being able to find meaning in their lives. Through surfing, individuals are able to appreciate the fact that there is a supernatural being, which created all the wonders observed in the ocean. The researcher works under the assumption that there is a relationship between media and spirituality. Purpose of the study The study was carried out with a view to establish a correlation between surfing culture, spirituality, and religion. The three are important social phenomenon, which are difficult to be separated from each other. Media however, exists to complement the two activities. It allows the rest of the community members to appreciate the role of surfing in promoting spirituality. For instance, a number of films have been used to show the beauty of surfing. Several magazines have been published providing information about surfing and the experiences that the surfers go through. However, this study seeks to establish whether the assertion that the three cultural phenomenon are actually related. Literature review A research conducted by Moore (2011) indicates a correlation between spirituality and surfing. She carried a research entitled, ‘spiritual experience, and environmentalism.’ She focused her study on the surfing activities and scuba divers in New Zealand. In total, she had about 74 surfers and about 83 scuba divers. Her mai n aim was to establish whether there was any correlation between these water activities and spirituality. She had used the random sampling method to acquire a representative sample. According to her study, there was a close relationship between the two social cultures. Surfing, which is normally regarded as a profane activity has the potential to turn people towards sacredness. In this study for instance, about 70% of the interviewed members indicated that they had experienced some spiritual

Internal Auditing Essay Example | Topics and Well Written Essays - 750 words

Internal Auditing - Essay Example Beyond the intent to commit a fraud intentionally to mislead shareholders and investors, accountants and top executives of a company can sometimes commit unintentional mistakes through a wrong interpretation of an accounting rule. This is why it is terribly important that auditors, accountants, chief executive officers and chief finance officers set the tone for an ethical working environment from start. There are many ways to commit wrongdoing in the accounting profession and the line between what is perfectly legal and an action that borders on the illegal is a very thin one. It is easy to cross over to the illegal side. In relation to this paper, accounting frauds are committed mostly by top executives of a company since they have access to the records and have a good view of how to manipulate the figures to suit their objectives to the detriment of stockholders. In other words, those in positions of trust and least suspected are the ones who commit fraud and it takes an average of two years before a crime is uncovered, sometimes accidentally only. An alarming 9% only of all frauds are discovered by external auditors (who are very good in forensic auditing), 20% discovered by accident and 46% uncovered due to tips given by the whistle blowers. The remainder of accounting frauds goes undetected, perhaps forever. Accountants are required by their professional associations to undertake continuing professional education (CPE) units to retain and renew their licenses. One of the subjects in CPE is a module on accounting ethics. The two most common problematic situations which accountants and auditors frequently encounter during the course of their work are conflict of interest and confidentiality of privileged information. This was what Cynthia Cooper had been dealing with since she was both a certified public accountant (CPA) and the certified internal auditor (CIA) of WorldCom. Her