Cultural Considerations Essay

People belonging to different cultures have different perception towards the aspects of life and justice is also under these aspects that have significant impact of culture. Individuals belonging to particular cultures have their opinion about the justice that is greatly influenced by the type of culture they belong to as every culture has some ethics and values that each individual and society follows. The concept of globalization has made people to live in diverse countries with different justice system and this leads to the issue of cross cultural disparity in perception of justice of different systems. So the culture values play a significant role in perceptions of justice and outcomes along with the comparison process (Bond, 1982). Since the people associated with certain cultures have their own beliefs and these beliefs of individuals belonging to different cultures contradicts them with the laws and regulations of a particular country. Some cultural facets negate or mitigate criminal responsibility where acts are committed under a reasonable good-faith belief in their propriety, based on the individual’s cultural heritage or tradition and this makes the people of particular culture to disagree with justice formulation of culture. The dissatisfaction of people from the justice system of the country escorts practical problems of the law and culture clash in the context of criminal and to some degree to civil liabilities also. These differences also cause variety of cases including homicide, the treatment of children, animals and the dead as well as the regulation of marriage, attire, and drug usage cases to rise to a greater extent thus making it difficult for the security administration to enforce proper law and order (Bond, 1982). The ethics and values of a particular culture impose serious problems for the security administrations also as people commit crimes and associate their sins particularly with criminal defenses, civil rights, and cultural regulations. So it became very difficult for the administration to regulate the country with different cultures as people take the shelter of their respective cultures in order to avoid serious punishments. This also makes the whole system reluctant of imposing the better regime along with the law-culture clash that raises questions of hegemonic domination, human rights and political philosophy in the whole country. It is very difficult for the administration to maintain the justice right for all the individuals believing in different cultures as they have dissimilar issues so the governments of countries with mixed cultures have adopted services that can solve the law-culture issues. One of the most commonly followed policies is the Community Relation Service as it provides platform to solve various issues based on race, color or culture. The countries have adopted qualitative dimensions with respect to justice in order to gather community perspectives at each stage of the justice process, while a quantitative dimension provides the opportunity to demonstrate outcomes that have credibility for community members and scholars also. Transformative mixed methodologies are also used by modern day systems to provide a mechanism for addressing the complexities of system coordination in culturally complex settings that can provide a basis for social stability (Kymlicka, 1995). Countries also use other methods like change in demographics and immigrant patterns to avoid clashes and these countries also set values under the justification and made immigrants aware of their laws in order to make every one aware of the law and regulation configuration (Kymlicka, 1995). These policies help the justice administration to put their decisions in the perfect manner so that the law and order of the society is maintained without any sort of fuss among the masses. The security administration also provides better policing facilities to provide enhanced level of security among the common people and avoid incidents that can lead to violence. The factors leading to the crime are also considered by most of the systems so that convicted individual is awarded punishment by considering all the parameters. These policies and methods provide a better coordination between the administration and the people belonging to different cultures by considering the issues and beliefs of particular culture and judging the individuals accordingly to provide most levelheaded and well composed justice. In 1829, Sir Robert Peel created the Metropolitan Police when he served as Home Secretary of England. According to Peel, the real key for policing is â€Å"the police are the people and the people are the police†. His principles can still be used in the present era as the prevention of crime should be the main idea in order to maintain a peaceful environment all over the state. The public approval could also be used like his principles as in case of diverse society, it is necessary for police to understand the different cultures that make up the communities that they patrol. This can be accomplished through multi-cultural training and education so that there is no problem in tackling the issues that involved people from different cultural background.

My Learning Experiences in Math

Mathematics may be defined as the subject In which we never know what we are talking about, nor whether what we are saying Is true. How can we be able to love Math without compelling ourselves in doing so? That remarkable question can definitely be retorted as I stepped In Ma'am Doll's math class. Doubtless of the fact, she Is truly an extraordinary teacher, I suppose. She taught me to understand math the way I understand my easiest subject. She had instructed me to perceive math simply as it should be. In this case, she had taught me a great lesson in life.That if we do not believe that mathematics is simple, it is only because we do not realize how complicated life is. Through the months, I've been starting to love math. It has instilled in me that every problem nor every equation, is only a challenge that I must surpass. Honestly speaking, I never conceited liking math radically. I used to loathe and curse it like there's no end. Eve always dreamed that we need not to study math b efore long. However, my standpoint did certainly change. As I entered our room, there's hat bit feeling of anxiety within me.I earnestly don't know what feeling to feel once you get In a math class. Either of which Is the feeling of excitement and again, the feeling of anxiety. Ma'am Doll helped me to understand and seize the beauty of mathematics. She brought me into the world of complication yet also into recreation. Math, indeed, educated me to visualize things in a different perspective. By all odds, it is certainly analogous with life. It substantiates the fact that life is undeniably complicated. In my 14 years of existence, math never became easy.You will always have to wake up each and every day anticipating that math is reality. Most likely, every individual you see, dislike math surpassingly. It constantly interrogates us a puzzling question of why on Earth do we need to study math. As a matter of fact, math Is comprehensive all throughout, whether we Like It or not, mathe matics will never vanish In our midst. My Learning Experiences in Math By Kristin_pile Mathematics may be defined as the subject in which we never know what we are talking about, nor whether what we are saying is true.How can we be able to love definitely be retorted as I stepped in Ma'am Doll's math class. Doubtless of the fact, she is truly an extraordinary teacher, I suppose. She taught me to understand math how complicated life is. Through the months, Eve been starting to love math. It has that bit feeling of anxiety within me. I earnestly don't know what feeling to feel once you get in a math class. Either of which is the feeling of excitement and again, the math is comprehensive all throughout, whether we like it or not, mathematics will never vanish in our midst.

Technology in business Essay Example | Topics and Well Written Essays - 250 words - 3

Technology in business - Essay Example The solution to the conflict should be addressed by developing a clear policy paper that unequivocally addresses the issues related departmental upgrades. In this sense, no department will lag behind due to deliberate neglect by the top management. Barton ought to have conformed to the advice given to him of not asking for the budget control, his contrary move is an indication of driving personal agenda. A good business should share with its customer what they offer generally and not how they run the business technically. To the stake holders, the business should be obligated to share the profit margin as well as the problem they face (Austin, Nolan and ’Donnell, 99). IT was only given 30 minutes in the last agenda because they are perceived not that important by the management. The board had the role of evaluating and ratifying the proposals forwarded to them by the IT experts (Austin, Nolan and ’Donnell, 105). The delay in the creation of the oversight committee was necessitated by the deliberate attempt to stop the envisaged proposals from the IT department. Barton should allow them to present there case and defend it to avoid being prejudicial to them. Barton is not faring on well with his dealings with on IT, it can be said that he is

Should schools require their students to wear a school uniform Essay

Should schools require their students to wear a school uniform - Essay Example In this paper we will address the problems faced by schools and how they are dealing with these issues. Schools throughout the country have been experiencing discipline problems. One the one hand, a number of students have been harassed because of what they wear. It is no secret that students who cannot afford designer clothes and who do not wear the latest trends are belittled and made fun of. These students are ostracised and alienated by their peers. Additionally, they are called names because they wear second hand clothes and some experience bullying at the hands of peers that are more popular. On the other hand, a number of students who can afford expensive items have been attacked because they wear items other students covet. These students are beaten up and robbed. Another problem is that some students simply wear inappropriate clothing. How many times have we seen teenage girls wear extremely short skirts and revealing tops? How many times have we seen teenage boys wear baggy pants and exposed underwear? It has become increasingly common to see teenagers wear clothes that are too daring and clothes bearing inappropriate insignias. It is usual to see kids wear clothing bearing suggestive or offensive messages. Additionally, according to an article published by the education bug website, schools authorities have a difficult time identifying intruders who wander into school, for both students and intruders wear street clothes. This is a very serious matter, as outsiders could pose a grave threat to the students. One possible solution to these problems is to adopt school uniforms policies. According to an article published by the Education Bug website, the Long Beach Unified School District in California adopted a mandatory uniform policy in 1994, and the use of uniforms in public schools is growing, especially in elementary, middle and high school. According to the National Center of

3800 complete 5 Essay Example | Topics and Well Written Essays - 750 words

3800 complete 5 - Essay Example Apparently, the rented truck had loads of loads of diesel-fuel-fertilizer which McVeigh detonated remotely thus causing the explosion. In proving his guilt, the jury referred to a number of facts including his arrest, identification and proof of motive coupled with his subsequent admission. A state trooper, Charles J Hanger stopped a truck I-35 in Noble County. He arrested the driver and charged him for driving a vehicle that lacked registration plates and possession of firearms. McVeigh admitted both crimes thus leading to his incarceration. Meanwhile the FBI had begun an investigation and had identified the Ryder truck by analyzing the axle of the truck found at the site of bombing. Workers at the car rental agencies provided the police with a sketch of the individual who had rented the truck. The sketch helped identify McVeigh who was already in custody for committing the above crimes. Furthermore, an eyewitness testified to seeing McVeigh at the scene of crime. After his identification, Terry Nichols, McVeigh’s associate, surrendered to the police and volunteered to testify against his friend for a reduced sentence. Terry Nichols knew McVeigh’s intention to carry out the bombing but did not inform the authorities. The two were members of a radical group of survivalists and therefore ascribed to radical ideologies as they shared their hatred of the federal government. Another equally important feature in the case was proving McVeigh’s motives. McVeigh who had served the American military shared the belief that the federal government had vilified alongside numerous others. In the August of 1992, federal agents had killed a survivalist, Randy Weaver, his wife and a child in a shoot. Additionally, a fire in Waco, Texas resulted in the death of eighty other members of the group. Such occurrences enhanced the radicalization of McVeigh, his friend N ichols among

Political Communication Research Paper Example | Topics and Well Written Essays - 1500 words

Political Communication - Research Paper Example Questionnaires were used to collect the data using the correlation design. The data was analyzed b use of tables and presented in a pie chart. Television, internet and the newspapers were widely used to transfer and get political information. Further research should be done to determine how politicians can clear their damaged images through political communication. A research should also be carried out to analyze how the political classes manipulate the channels of communication used in political communication to achieve their goals. People should also be able to choose the best channel of communication to ensure political success through political communication. Table of Contents Abstract 2 Table of Contents 3 Chapter one 5 1.0 Background information 5 1.1 Problem statement 6 1.2 Objectives of the study 6 1.3 Significance of the study 6 1.4 Limitations of the study 7 1.5 Theoretical framework 7 Chapter Two 7 2.0 Literature review 7 2.1 Political communication 7 2.2 Channels of commu nication 9 2.2.1. Television 10 2.2.2. Newspapers 10 2.2.3. Internet 10 2.2.4. Radio 11 2.2.5. Other channels of communication 11 Chapter Three 11 3.0 Research methodology and Design 11 3.1 Research design 11 3.2. Study location 12 3.3. Target population 12 3.4 Sample and the sampling procedures 12 3.5 Research instrument 12 3.6 Data collection methods 13 3.7 Data analysis 13 3.8 Data presentation 13 Chapter four: 13 4.0 Data Analysis 13 4.1 Data Analysis 13 Table 1: show the various channels of communication used in political communication, their use and the number of people the reach and the effects the have on the population. 13 Figure 2: A Pie Chart showing the percentages of the frequency of the channels used in political communication 14 Chapter five 15 5.0.Conclusion 15 6.0.Recommedations 15 References 16 Chapter one 1.0 Background information Graber (2005) argues that the study of political communication came into existences since the early days during the Aristotle’s rhetoric’s and politics written around 350 BC. Predictions have also been made that it could have started around 2,000 years. Political communication has it roots from communication and political science. It is concerned with the transfer of information and how this information influences the political world. It is mainly concerned with transfer of information during the political campaigns and the governments’ role in information technology, laws and regulations regarding communication policies and news broadcasting. In the modern day political communication addresses issues regarding power relationships, icons, the individual’s activities, political considerations as regards to the candidates and the symbolic structure of politics (McNair, 2003). The main goal of political communication is to pass a message that will influence the voters’ population. To be able to gauge their capabilities, political candidates are involved in the public debates where i t is determined who has the power to endorse, allow proper distribution of resources, ability to make concrete decisions and has social standings just like in America. Information in political communication moves across among the political elites, from the public to the relevant people in [power and from the political class down to the public. Information is organized and passed on by the political actors such as the parties and other groups interested in the

Public Policy Research Paper Example | Topics and Well Written Essays - 1750 words

Public Policy - Research Paper Example This feeling is induced by the primary chemical agent of this drug, which is delta-9-tetrahydrocannabinol (THC). The Drug Enforcement Administration (DEA) and the National Drug Intelligence Center (NDIC) considers marijuana to be â€Å"a leading drug threat to the country.† However, U.S. law enforcement authorities generally regard marijuana as a lower threat than cocaine and diverted pharmaceuticals because it has least association with violent crime and property crime. Marijuana is the most readily available and widely used and abused illicit drug in the nation. Owing to its high prevalence, marijuana use has found acceptance among several adults and adolescents and a perception prevails that the drug is not harmful. Over the last few years, a tremendous growth has been witnessed in the usage, distribution and selling of marijuana in different regions of US. Usage of marijuana entails certain side effects. According to researchers, it causes problems in daily life and its us age can worsen a person's existing problems. In addition to that, declining mental and physical health, relationship problems, lower life satisfactions, less academic and career success have been reported, by heavy users of marijuana, as potential side effects. Furthermore it has also been reported that, students among marijuana users are more likely to drop out from school. In the field of work, frequently marijuana usage has been associated with side effects such as accidents, workers' compensation claims, increased absences, tardiness and low job turnover. (Drug abuse, 2012a). However, despite the illicit usage and trafficking of marijuana and the potential risks of consumption, efforts are being made to legalize the drug (White house, 2010). This has been a major public policy issue in the recent past and is a source of continuous debates taking place in the assembly. This research paper will involve a thorough analysis of the scope of this public policy concern and how it affects the public as well as the government. The p roposed policies for addressing this issue will also be discussed and suitable recommendations will be made accordingly. Scope of the public policy concern In the recent times, marijuana legalization has been the pivotal issue being discussed in the â€Å"We the People† petition site launched by White House. This website was launched with a view of providing the US citizens with a means to lobby for relevant issues. The marijuana petition has recorded more than 55,000 signatures, an astounding 20,000 more than any other issue on the website, which demonstrates the importance of the issue. Despite the relative importance of the issue, the government has refrained from responding to the marijuana petition. According to the National Survey on Drug Use and Health (NSDUH) conducted in the year 2010, marijuana is the most heavily used illicit drug (17.4 million past-month users). In that particular year, 76.8 percent of current illicit drug users accounted for the usage of. Out of that, 60.1 percent users only smoked marijuana and no other drug (Ali, 2011). Adolescents and young adults are the most frequent users of marijuana. As far as 8th-graders

CERVICAL CANCER IN VIETNAMESE WOMAN Thesis Example | Topics and Well Written Essays - 2500 words

CERVICAL CANCER IN VIETNAMESE WOMAN - Thesis Example A secondary analysis of the study is conducted to find out the cervical cancer differences. The questionnaire is prepared to analyze the data regarding cervical cancer. The theoretical framework is the main part of this study; this part presents an analysis of the cervical cancer in Vietnamese women. The result of the study indicates that cervical cancer is due to low Pap testing rates rather than difference in human papillomavirus infection rates. The effects of barriers of prevention are assessed. The result finds that most of the women are not having Pap screening. The results of the study will help in implementation of interventions. The study concludes with analyzing the prevention methods and awareness of cervical cancer control programs for Vietnamese women and recommending significance of Pap testing. 1. Select the Problem:    The problem selected for the study is the spreading of the cervical cancer among Vietnamese women. According to the study conducted by QIAGEN Group ( QIAGEN is the leading global contributor of sample and assay tools. Sample tools are used to separate and process RNA, DNA and proteins from biological models for example tissue or blood. Assay tools are used to create such separated bimolecular, for instance the DNA of a particular virus, noticeable for ensuing analysis.) (2010, p.2), it is mentioned that globally; cervical cancer is the second-most-common cancer among women. It is the leading cause of female cancer deaths in developing countries, where 80% of cervical cancer cases and deaths occur (â€Å"Creating a World Free From Cervical Cancer†, 2010, p.2). The study of cervical cancer is important, as it is the foremost cause of cancer deaths globally, particularly in the developing countries. Finding out its causes and awareness about prevention to Vietnamese women is really important. Cervical cancer persists to impact the quality of life of women and their families. â€Å"Shock, fear, self-blame, powerlessness, and anger are the most common emotions experienced by women who receive abnormal Pap test results† (â€Å"Social Impact of Cancer†, n.d., para. 12). Always, women misjudge their possibility in emerging cancer, as they may not fully understand human papillomaviruses and their symptoms, which may result to amplified anxiety regarding the future. So this may affect the development of the country and gain a lot of importance to study regarding the spreading of cervical cancer among Vietnamese women. â€Å"Cervical cancer among Vietnamese American women has been identified as an important health disparity† (Taylor et al., 2008, para.2). Years ago, this type of cancer was the foremost form of cancer amongst women in both North and South Vietnam. Presently, cervical cancer rates are significantly lesser in northern parts of the country. (â€Å"Association between War and Cervical Cancer among Vietnamese Women†, 2004, Para.1). â€Å"Many women, however, are not adequ ately informed about cervical cancer and are unable to navigate the healthcare system† (Schleicher, 2007, pg.2). According to Garner, the main factors of HPV infection include early sexual relationship, different sexual partners, difficulty in using methods of prevention, and other sexually transmitted diseases, such as HIV. (Garner, 2012, para.4). The

Legal Decision Making Case Study Example | Topics and Well Written Essays - 1000 words

Legal Decision Making - Case Study Example Prosecution for crimes is always conducted in the name of the state; the case being styled as State versus the name of the defendant. The prosecutor has a duty of establishing the guilt of the accused beyond any reasonable doubt. A crime usually includes offences like rape, robbery, murder, theft etc where the penalty for these cases ranges from hanging to fine. On the other hand, civil law concerns the violation of private rights belonging to an individual in his capacity as an individual for example refusing to pay a loan or defaming someone. Unlike criminal cases, the proceedings in civil cases are instituted in the court of law by the plaintiff himself and the burden of proving his claim rests on him. If the plaintiff succeeds in a civil action, the defendant will be ordered by the court to compensate him by paying damages. 2 Although there are already written consequences a person who has been proved guilty is subjected to, the decision of cases varies on the argument of both the defendant and the plaintiff in case of civil case; and in case of a criminal case, and outcome of the case depends on the argument of the prosecutor and the accused. For this case, the judgement of each particular case depends on the uniqueness a particular case. It happens that cases that are similar in nature, t... A contract is usually defined as an agreement between two or more persons which is intended to create legally binding obligations. The word binding is used for there are some contracts which are valid but are not enforceable in a court of law. There are already predetermined consequences that follow suit in case on breaches a contract but it does not mean that all those who breach a law of contract will be subject to the same consequence. The outcome of the case will depend on the uniqueness of a particular case. 3 One of essentials of a valid contract is that a contract is created with an intention of creating a legal relation. Agreements of a purely domestic or social nature are generally not enforceable contracts. Whether or not the parties intended to create legal relations is a question of fact to be inferred from all the circumstances of a case. For example in a case between Balfour vs. Balfour held in 1919. In this case, the defendant was civil servant in Ceylon. While he and his wife were on leave in England, it became apparent that because of ill-health, the wife would not be able to return to Ceylon. The husband promised to pay her thirty pounds a month whilst forced to live apart. He failed to pay, and his wife sued on the contract. It was held that the husband was not liable because there was no necessary implication from the circumstances of the parties that they intended to make a legally binding contract. It was more like a domestic arrangement between husband and wife rather tha n a contract. (Penrose, 2005) On the other hand, if on examining the facts of a family agreement, the court reaches the conclusion that legal relations can be inferred, the contract will be enforced. For example, a case held between Simpkins vs. Pays in 1955. In this

University of Never Land Athletic Department Assignment

University of Never Land Athletic Department - Assignment Example To financial experts, it is important to reduce the gap between the projected budgets with the actual budget so that you avoid the financial crisis in the end. This is to avoid the idea of going beyond the limit covered by the taxpayers on the money spent on athletics by the university (Brit & Turner2010).To maintain a clear budget for the University of Never Land athletic budget at a recommendable level, you need to keep updated records on all the expenditures and the revenues circulation within any fiscal year. It is important for financial managers to check on the revenues generated from the sports activities and allocate its use appropriately to avoid more stress on taxpayers’ money for the university. The department needs to incorporate qualified personnel to aid in expenditure allocation and revenue keeping to keep the athletics of the university lively (Brit & Turner2010). The budgets for the next five years need to be projected analytically to be in line with economic changes that can come about. The budget needs to be one that will relate expenditure to revenues that will be expected from the athletics. Below is a projected budget for the next five financial years dating 2015 to 2020 for the University of Never Land Athletic Department. By following the estimates and set by the department, you need to spend the funds available in an accountable manner as a financial officer to enable availability of funds for emergency cases. The estimates will give a clear guide to what is expected to be realized in future for athletic activities in the institution. The internal auditors need to be open and critical when analyzing the books of account of the department to ensure that the officials involved spend funds in the right manner.

Crisis Management and Communication in Organizations Essay Example for Free

Crisis Management and Communication in Organizations Essay 1. Introduction In the modern changing world a crisis can happen anywhere. It cannot be expected. And Effective Communication is really important when managing a crisis as one mistake done by the Organization can affect the whole Organization itself, its stakeholders and the Industry. It even could threaten public safety, the financial position of the organization and the reputation. It can lead to disruption of operation creating loss of market (W.T Coombs, 2007). That’s where communication comes in handy as lack of communication between the Society and the Organization can lead to distress, this is the where verbal and non verbal communication is really important. Referring to the case of Dominos pizza (New York Times ,2009), when two employs of the Dominos franchise in Conover, N.C, played a video prank with the food and putting the video on YouTube, the Management waited hoping that it will blow away and that is what went wrong. There was no news from them in the first 24 hrs. Instead of answering the queries of the consumers and the media they waited in the hope that it will cool down which never happened (New York Times, 2009). In a situation like this it’s really important to face the society and tell them what’s going on, should communicate with them verbally and non verbally or else the society will keep the image of the organization the way they want, good or bad. When in crisis after appointing a spokes person, it’s really important for the spokesperson to be calm and pleasant when confronting the media avoiding nervous habits ensuring the limit of disfluencies such as â€Å"umhs† or â€Å"uhs†, while avoiding fidgeting and pacing (W.T Coombs,2007). There is a good crisis example in 1993 â€Å"The Pepsi product tempering in 1993† (M.Hubbard,2006).They proved that effective communication in the Organization and effective crisis public relations campaign combining various strategies can rebound the hoax(M.Hubbard,2006). When dealing with media regarding a business crisis, it’s really important for the organization to stick to what they say if the statements given by the organization keeps on changing, dealing with the public relations will be a total disaster. They have to be very clear about what they say avoiding the statements which doesn’t make sense keeping it simple with limited information for the time being. 2. The Crisis 2.1. Communication Tactics It was clear in the case of Dominos pizza (New York Times, 2009) that management wasn’t aware of the situation unless a blogger alerted the Domino’s vice president of communications Tim McIntyre. There was no reaction from the management first as they didn’t want to alert more people to the story. And according to the Adage, a trade publication, Dominos response was late as in a situation like this the firm should be responsive to the crisis in the first 24 hrs and domino’s took 48 hrs to be fully responsive (R.Flandez, 2009). Just for the sake that more people might be alerted there was no issue of formal press release to mainstream press meanwhile the internal team was busy to form a strategy. After the management came to know of the videos they started to search for the two employs of dominos that were responsible for the videos with the help of bloggers and YouTube, and little that they realized that 70% of the conversation was going on Twitter and YouTube. As the Crisis began and most of the conversations were going on within the Social Networks from dominos they opened a twitter account to be responsive to the consumers and the society, even the President of the domino’s pizza Patrick Doyle appeared on a YouTube video and explained the present situation of Domino’s and that the store where the video was shot were closed and sanitized, for the efforts of Domino’s Richard Levick, President of the Levick Communications gives an â€Å"F† for the first 24 hrs and an â€Å"A† for the rest (R.Flandez,2009). By using the social Networks domino’s managed to handle the situation well. 2.2. Goods and Bads During the crisis, It could be clearly seen that even though Dominos was in a bad situation they didn’t jump on defending just because they might attract more people and they didn’t hold anything like a press conference, which wasn’t appropriate during that situation, but they did upload a video on YouTube and opened a twitter account to defend dominos and to tell people what was going on which was a good thing they did. The YouTube and twitter response was good but what about the older generation?, the people who are not on any of these but still a fan of dominos, they will only hear what people say considering there was no press conference or statement on TV which is a direct source of information to the Public. From dominos if they had got on TV they could have told the public as whole that they are working on the crisis and what they are doing about it. Even in the YouTube video the president of Dominos pizza Patrick Doyle stated that the store where the video shot was taken by the pranksters was closed and sanitized (R.Flandez,2009),they could have invited the Media ( TV stations and reporters) to witness the process. Even though the two employs of Dominos were fired after the video they could have managed to get a live statement of what actually happened and why they did it. It could have given extra support to prove the innocence of the whole organization. In the case of Pepsi-Cola in 1993(M.Hubbard,2006) when a man in Tacoma, Washington claimed that he had found a syringe in a can of diet Pepsi, the story started spreading like wild fire in the country more claims started arising. Pepsi-Cola announced that they will pursue legal action against anyone making false claims and started work on proving the innocence of Pepsi-Cola, and the claims did turn out to be a hoax. The president of Pepsi Craig Weatherup made appearances on TV and gave statements on radio. They even brought in cameras to the Pepsi bottling plant to show the bottling process and proved that there is no way that a foreign object could be inserted in to bottle or can before its sealed(M.Hubbard,2006), which is a very good example of communication in crisis. Dominos did make mistakes but they still managed the situation at a time there was no Social media plat forms or strategy in the Organization (M.Agnes, 2012) 3. Recommendations After the incident took place on 13th April 2009.a study conducted by HCD Research found 65% of respondents who were daily customers hesitates to do so after watching the offending video(R.Flandez,2009). Recommendations are many for this kind of situations. Like they could have prepared a communication list of reporters investors and customers, business partners and advisors and give to an official statement instead of waiting without any actions like in the dominos case and also admitting that there is a problem helps to move on with the others steps of the process to overcome the crisis(M.Nowlan, 2006).Many companies give out the phrase â€Å" no comment† and that is not the best thing to do as the public will conclude the situation making the Company guilty. And also respond to the situation as quickly as possible (M.Nowlan, 2006). 4.Conclusion As Effective communication plays a major role in the business organization it’s really important for the organizations to be ready for what might come for them. As one single mistake made by them at a time of crisis can lead to a loss which would be difficult to get over. As in the case of Dominos they were nearly out of business, there was couple of things which could have been done from the company side which were neglected in communicating the public. It’s important to take action internally but considering the company to be a service provider, issues will rise in a speed that no human can expect it that way. Let this case be a lesson to all the service providers to improve their image for the future.

Multicultural competency Essay Example for Free

Multicultural competency Essay Multicultural competency is indeed an essential tool required in dealing with clients who have different races, perceptions and cultures. Having this skill will be of a great advantage in the progress of counselling sessions. Moreover, according to Pedersen, multiculturalism is â€Å"a wide range of multiple groups without grading, comparing, or ranking them as better or worse than one another and without denying the very distinct and complementary or even contradictory perspectives that each group brings with it† (1991, p. 4). To effectively handle multiculturalism situations in counselling, counselors must develop different levels of awareness which are the following: â€Å"self-awareness, awareness of one’s own culture, awareness of racism, sexism and poverty, awareness of individual differences, awareness of other cultures and awareness of diversity. † More so, to be successful in obtaining multicultural competency, counselors must also be aware of different theories and specific counselling practices. But the most important point to remember is that counselors must first build on a â€Å"sense of worth† for their respective cultural backgrounds before they can start understanding other cultures (Locke, 1986, pp. 119-137). Response to Post No. 2 Jennifer Weeks Among the three weaknesses mentioned by the counselor, I think that the problem on terminating an interview with a client is the counselor’s main problem. In any session, I think time is of the essence. Clients pay the counselors per hour so they should get their money’s worth for very second that they spend with their counselors. In line with this, counselors should develop a systematic way of establishing client-counselor relationship and at the same time effectively and quickly resolving the issues of the clients in order to maximize the time allotted for the sesssion. Also, counselors should learn how to end the interview without being rude or impolite. This can be done by setting up a timeline for the session and preparing fillers which will be used to divert the flow of the conversation if it gets beyond the timeline or the focus for that specific session. References Locke, D. C. (1990). A not so provincial view of multicultural counseling. Counselor Education and Supervision, 30, 18-25. Pedersen, P. B. (1991). Introduction to the special issue on multiculturalism as a fourth force in counseling. Journal of Counseling and Development, 70, 4.

Exclusion clauses

Exclusion clauses Introduction Exclusion clauses are generally found in contracts`. These types of clauses operate to exclude or restrict the rights of a party. For example, when a party to a contract wishes to limit their liability in the event that they breach the contract they will usually include an exclusion clause, limiting the amount that the other side can claim to a specified total. Sometimes, a party may include a provision attempting to exclude all liability for a certain thing that could go wrong. Exclusion clauses may also be called exemption or exception clauses. They operate for the benefit of one party to an agreement. It is always difficult for commercial contract drafters to know when an exclusion clause goes too far and might be stuck out as being unreasonable under the Unfair Contarct Terms Act 1977 (UCTA). On 15 April 2008 the Court of Appeal handed down its ruling in the case of Regus (UK) Ltd v Epcot Solutions Ltd overturning a High Court decision that had previously caused suppliers considerable concern. The Court of Appeal decision set out some important factors that may be taken into account in determining whether an exclusion clause is enforceable and to be held valid. The case concerned the reliance by a supplier of serviced office accommodation (Regus) on part of an exclusion clause in its standard terms of business. The part of the exclusion clause in question sought to exclude liability in any circumstances for loss of business, loss of profits, loss of anticipated savings, loss of or damage to data, third party claims or any consequential losses. A further clause limited Regus liability for other losses, damages or expenses to  £50,000. The customer (Epcot) complained to Regus about defective air conditioning in the office, and when this was not fixed by Regus, Epcot stopped paying Regus the service charges due under the agreement. Regus brought proceedings against Epcot for the amounts due to it, and in response, Epcot argued that the failure to provide air conditioning amounted to a breach of contract and counterclaimed for loss of profits, loss of opportunity to develop its business and distress, inconvenience and loss of amenity. In order to defeat part of Epcots claim, Regus had to show that the Exclusion Clause was enforceable in particular that it was reasonable under the Unfair Contract Terms Act 1977 (UCTA). In a High Court judgment of May 2007, the court had ruled that although in theory it was entirely reasonable for Regus to restrict damages for loss of profits and consequential loss, the clause was unreasonable as a whole as the exclusion was so wide that it effectively left Epcot without a remedy for a basic service such as defective air conditioning. It was therefore unenforceable, leaving Regus exposed. Regus appealed on the grounds that the High Court judge had been wrong to say that the Exclusion Clause was unreasonable under UCTA and that it should be entitled to limit its liability in that way. The Court of Appeal agreed with Regus and reversed the High Courts ruling. The purpose of UCTA is to protect contracting parties (particularly consumers and business parties contracting on other business parties standard terms of business) from onerous contractual provisions such as exclusion and limitation of liability clauses. UCTA imposes limits on the extent to which liability for breach of contract, negligence or other breaches of duty can be avoided in a contract. Where a clause is contrary to the mandatory restrictions set out in UCTA or is deemed by the court to be unreasonable, such a clause will be unenforceable. Amongst other restrictions, Section 3 of UCTA is particularly important in the context of business to business contracts where the supplier is dealing on its standard terms of business. This section provides that where a term seeks to exclude or restrict a suppliers liability for breach of contract, such a term shall only be enforceable to the extent that it satisfies the reasonableness test. Thus, according to Section 11(1) of UCTA, in order to pass the reasonableness test, a contract term must have been: . a fair and reasonable one to be included having regard to the circumstances which were, or ought reasonably to have been, known to or in the contemplation of the parties when the contract was made. Schedule 2 to UCTA contains a non-exhaustive list of guidelines in assessing reasonableness, which in practice the courts apply when considering reasonableness in the context of Section 3 of UCTA. Such factors include the strength of the bargaining position of the parties relative to each other, whether the customer received an inducement to agree to a particular term; whether the customer had the opportunity of entering into a similar contract without the term, whether the customer knew or ought to have known of the existence and the extent of the term and whether it was reasonable at the time of the contract to expect that compliance with a term would be practicable. In addition, under Section 11(4) of UCTA, where a party seeks by contract to restrict its liability to a specified sum of money, the courts will looks at the resources available to that party to meet the liability should it arise and the availability of insurance cover. Clause 23 We are not liable for any loss as a result of our failure to provide a service as a result of mechanical breakdown, strike, delay, failure of staff, termination of our interest in the building containing the business center or otherwise unless we do so deliberately or a negligent. We are also not liable for any failure until you have told us about it and given us a reasonable time to put it right. You agree (a) that we will not have any liability for any loss, damage or claim which arises as a result of, or in connection with your agreement and/or you use of the service except to the extent that such loss, damage, expense or claim is directly attributable to our deliberate act or our negligence (our liability); and (b) that our liability will be subject to the limits set out in the next paragraph. We will not in any circumstances have any liability for loss of business, loss of profits, loss of anticipated savings, loss of or damage to data, third party claims or any consequential loss. We strongly advise you to insure against all potential loss, damage expense or liability. We will be liable: Without limit for personal injury or death; Up to a maximum of  £1 million (for any one event or series of connected events) for damage to your personal property ; Up to a maximum equal to 125% of the total fees paid under your agreement up to the date on which the claim in question arises our  £50,000 (whichever is the higher), in respect of all other losses, damages expenses or claims. The meaning of in any circumstances Counsel for the defendant submitted that the words in any circumstances were apt to include liability for fraud or liability in respect of a deliberate attempt to damage the defendants business, this was held by the Court of Appeal to be the wrong approach to take. Lord Justice Rix Stated: Clause 23 as a whole does not purport to exclude liability (in the case of the losses identified in clause 23(3)) for fraud or wilful, reckless or malicious infliction of harm. Lord Justice Rix justified this approach on the following basis: Liability for fraud or malice or recklessness which is a species of either goes without saying: parties contract with one another in the expectation of honest dealing. In this sence it is important to distinguish between an intentional breach (which may fall within the in any circumstances) and the deliberate infliction of harm (which will not). On the present facts it could be said that the actions of the claimant were deliberate in the sense that they decided not to spend money on repairs to the air-conditioning system. But that is a long way from saying that the claimant acted with a dishonest or malicious intent to inflict harm upon the defendant. The conclusion of the Court of appeal on this issue suggest that the words in any circumstances should not be construed literally against the background of an expectation of honest dealing. Thus the words are unlikely to be held, as a matter of construction, to encompass liability in respect of the fraudulent, malicious or reckless infliction of harm. Available Remedies Judge Mackie held that clause 23 was too broad to be reasonable. He sp concluded for a number of reasons. First, he held that clause 23 deprived the defendant of any remedy at all for failure to provide a basic service like air conditioning in what is the business equilavant of an hotel, not the lease of flat. Secondly, he stated taht clause 23 provided an illusion of a remedy. On its face, clause 23 provider for a limitation of 125% of the total fees paid but when account was taken of the broad wording of the exclusion of financial losses, Judge Mackie stated that a business will eb unable to establish teh liability which the claimant seeks to limit. Damages for loss of amenity was held to be frail, remote and uncertain. The possibility of such a claim did not suffice to persuade Judge Mackie that the clause was reasonable. The Court of Appeals view was that, contrary to what the High Court judge had said, certain limited remedies were in fact available to Epcot and had not been excluded by virtue of the Exclusion Clause. In particular, Epcot could seek damages for the diminution in value of the services promised. The cost of relocating to alternative offices or the cost of replacement air-conditioning were other possible remedies. Assessment of Reasonableness Rix LJ then went on to consider whether the Exclusion Clause was reasonable in light of the fact that it did not exclude all remedies. Rix LJ decided that the Exclusion Clause was reasonable on the following grounds: as the High Court judge had said, in principle it was reasonable for Regus to restrict damages for loss of profits and consequential losses from the categories of loss for which it would become liable when in breach of contract;  § Epcots managing director was an intelligent and experienced businessman who was aware of Regus standard terms when he had entered into the contract and had contracted before on identical terms;  § Epcot had used a similar exclusion of liability for indirect or consequential losses in his own business;  § Epcot had sought to re-negotiate terms of the contract frequently and energetically, although not the Exclusion Clause;  § there was no inequality of bargaining power. Although Regus was the larger company, Epcot made use of and took advantage of the availability of local competitors of Regus in negotiations; and  § the Exclusion Clause advised Regus customers to take out insurance for the losses excluded by the Exclusion Clause. Rix LJ felt that Regus customers were better placed to insure themselves against their business losses rather than Regus to insure its customers. This was particularly the case as Regus customers would frequently change and Regus was very unlikely to be in possession of the level of information relating to its customers which underwriters would require in order to provide insurance. In addition, leaving customers to obtain such insurance would enable them to choose whether, how and at what price they would wish to insure against business losses. What is the effect of the Court of Appeals ruling? The Court of Appeal ruling will give some comfort to suppliers who had become nervous about excluding all financial losses in their standard terms of business following the High Courts ruling last year. The Court of Appeal has also provided some helpful guidance as to the sort of factors it will consider in assessing reasonableness. Although the facts will vary from case to case, as can be seen from the above, factors such as the parties bargaining strength, the sophistication of the buyer and the question of who is best placed to insure the loss will all be considered. Suppliers could also benefit from including wording in their exclusion clauses advising their customers to purchase insurance for those matters in relation to which the supplier excludes liability. Although the courts do not have power to rewrite an exclusion clause or sever words that make it unreasonable, here the Court of Appeal held that if the relevant exclusion clause had been unreasonable it could have been severed so as to level a related limitation clause intact. The two clauses, although not formally divided up into separate subclauses, were independent of each other and several different purposes. It is, however, clearly preferable for a drafter to separate out different elements of the exclusion into subclauses rather than to rely on a single all-embracing clause. The reasonableness of an exclusion clause will always depend on the circumstances of the individual case. In the Regus case, the fact that the customer clearly understood the exclusion clause had strong bargaining position and had sought to renegotiate some of the terms, together with the courts view that it was reasonable for the customer to insure against indirect losses, led the Court of Appeal to conclude that the clause was reasonable. In Watford Electronics Ltd v Sanderson CFL Ltd, S appealed against a decision ([2000] 2 All E.R. (Comm) 984) that two clauses purporting to limit liability in respect of a contract it had entered into with W were unreasonable in their entirety. The contract contained an entire agreement clause which stated that no reliance had been made by the parties on statements or representations made by them. Held, allowing the appeal, that the judge had erred in (1) failing to properly identify the scope and effect of the limit of liability clause since the clause did not attempt to exclude liability for pre-contract misrepresentation; (2) failing to treat the obligation agreed to by S in an agenda to the contract, to use best endeavours to allocate appropriate resources to the project in order to minimise potential contractual losses, as an additional obligation to those imposed by the standard terms and conditions, and (3) treating Ws own standard terms of business as irrelevant since they showed that W was well aware of the commercial considerations which would lead a supplier to include limit of liability clauses. This was directly relevant to determining whether such clauses were fair and reasonable having regard to the circumstances which were, or ought to have been known to or in the contemplation of the parties when the contract was made. In SAM Business Systems Ltd v Hedley Co, S, a software company, claimed the sum of GBP 310,510 in respect of the outstanding licence fee for a software system which it had supplied to H, stockbrokers. H counterclaimed substantial damages for alleged defects in the system. Immediately after the system went live H experienced serious problems with it and, a year later, ceased using the system without informing S. One month later, H gave S notice that it intended to reject the system. S subsequently issued proceedings against H submitting that its liability for misrepresentation and breach of contract had been excluded under the contract and, in any event, H had failed to give timely unequivocal notice of rejection pursuant to the process specified in the contract and at the time when H did give notice of rejection it had already gained substantial benefit from it. Held, giving judgment for S, that the exclusion clause fulfilled the requirement of reasonableness under the Unfair Contract Terms Act 1977 , Stewart Gill Ltd v Horatio Myer Co Ltd [1992] Q.B. 600 CA (Civ Div) applied. The parties were of equal bargaining power in terms of size and resources, it was a standard feature of the computer software industry to supply software only on stringent terms excluding all or virtually all liability and H had not even tried to negotiate more favourable terms, Watford Electronics Ltd v Sanderson CFL Ltd [2001] EWCA Civ 317, [2001] 1 All E.R. (Comm) 696 distinguished. Accordingly, notwithstanding that S had waived an entire agreement clause, S was not liable to H for breach of contract or misrepresentation and was entitled to the balance of the outstanding licence fee. If that conclusion was wrong, H had already gained an enormous benefit from using the defective system by the time it notified S of its decision to reject it. If H had had no computer system it would have gone out of business. Accordingly, H would not have been entitled to claim all its money back from S since it had had the benefit of 17 months service from the system, which it would not have had if it had gone through the process specified in the contract to recover its money. The reasonableness of the clause The narrower approach to the construction of in any circumstances combined with the concession that clause 23 did not prevent the defendant from recovering damages in respect of any diminution in the value of the services provided, had the effect of the undermining the approach which Judge Mackie had taken to the reasonableness of clause 23. This being the case, the court of Appeal held that it was entitled to take a fresh view of the reasonableness of the clause. It concluded that the clause was, in fact, reasonable. In so concluding, the Court of appeal had regard to a number of factors. First, it held that in principle it was entirely reasonable for the claimant to restrict damage to loss of profits and consequential losses from the categories of loss for which it could become liable when in breach of contract. Second, the chief executive of the defendant was an intelligent and experienced businessman who was well aware of the claimant standard terms when he entered into the contract and the defendants own standard terms of business contained a similar exclusion of liability in respect of indirect or consequential losses. Third, there was no inequality of bargaining power between the parties and there had been meaningful negotiation between them in relation to the terms of the contract. Although the claimant was by far the bigger enterprise, the presence of competitors who were also seeking to rent out space, gave to the defendant considerable negotiating in relation to the terms of the contrac t. Finally, the third paragraph of clause 23 advised the claimants customers to protect themselves by insurance for the losses with which paragraph was concerned. In the opinion of Lord Justice Rix, it would have been easier for the customers to obtain insurance against business losses than for the claimant to seek to insure against the range of losses that could conceivably by suffered by its customers. As Lord Justice Rix observed, If insurance is left to each business customer, that customer has full autonomy over whether, how and at what price he wishes to insure against business losses. If however, such losses have to be insured by Regus, then that autonomy is lost, and the expense has necessarily to be incurred and transferred to each customers on the form of the fees charged. On the basis of above, the Court of Appeal concluded that the claimant had proved that the third paragraph of clause 23 satisfied the requirements of the reasonableness test. Severance The final issue considered by the Court of Appeal concerned the severance of the third paragraph in clause 23, assuming it to be unreasonable. As has been noted, it was conceded by the defendant that the third paragraph ws severable from paragraph (and it had never been suggested that the fourth paragraph was unreasonable on its own terms). Lord Justice Rix stated that the concession was well made. While clause 23 was not divided up into separate sub-clauses, he held that it was plain that the fourth paragraph was independent of the third paragraph. He also noted that the fourth paragraph was a limitation clause rather than an exclusion clause and, as such, served a different purpose. The willingness of the Court of Appeal to countenance severance in this context is to be welcomed. It would be rather artificial to conclude that severance is only possible in the case where the relevant sub-clauses have been separately numbered. Separate numbering may be a wise step to take but, as the present case demonstrates, it is not mandatory. Whether separate paragraphing is necessary is another matter. It is probably not necessary but the fact that the clause is broken down into separate paragraphs is likely to be of assistance in demonstrating to the court that one paragraph is independent of the other and that the invalidation of one paragraph should not result in the invalidation of other paragraphs in the same clause.

Body Dysmorphic Disorder Essay -- Differential Diagnoses

Regina is a teenager who’s living in a college dorm. When she was younger she broke her nose and afterwards a tiny bump remained. By the time she was a legal adult, Regina thought she had a facial deformity. She became obsessive and refused to go in public. Even after she underwent plastic surgery she still found something else wrong with her face. All this (along with other symptoms) has led me to diagnose Regina with body dysmorphic disorder. People who suffer from body dysmorphic disorder exhibit certain symptoms. Some of these include social isolation, seeking surgery, camouflaging (trying to hide their perceived flaw with clothes, makeup, etc.), and comparing body parts to other peoples appearances (American Psychiatric Association, 2013). Regina first thought the small bump on her nose was a monumental flaw that had to be corrected. Without that fix, she became socially isolated and wore clothes (giant sweatshirts and hoodies) that would cover up this perceived imperfection. Furthermore, Regina couldn’t face â€Å"normal† looking people. She compared herself to others and deemed herself a â€Å"hag.† Everyone else was so much better looking and she was too ugly to be seen in public. After her surgery she began to act normal again, but only for a short while. Soon after she thought her forehead was rife with â€Å"worry lines.† She begged her parents to pay for more plastic surgery, which t hey declined. She even went to great lengths and opened a credit card account to pay for the surgery. Now Regina is in the unfortunate position of not being able to keep up with all her bills. Even after all that, she’s still obsessive and has started to skip college classes. All of this due to her â€Å"appalling† wrinkles on her forehead (which others do... ...things they found positive and attractive about her appearance. I would try to introduce her to positive things (such as small social outing with friends and family) to try and get her to change how she responds around others. Slowly, I would introduce Regina back to her college campus and try to show her that it’s only her way of thinking that is causing her disorder (since no one else can see her flaws). My main goal of treatment is to get Regina away from her harmful thoughts and see her in a positive light. Cognitive therapy is all about changing thoughts and emotional responses. Hopefully though repeated effort and altering her thoughts to positive ones, Regina could begin to recover. Works Cited American Psychiatric Association. (2013). Diagnostic and statistical manual of mental disorders. (5th ed.). Washington, DC: American Psychiatric Association.

The Meaning Behind Alien Abductions :: essays research papers

www.angelfire.com/mt/montalk Souls can only incarnate inoto bodies with DNA responsive to and compatible with that soul. Because souls are shaped by experiences and thoughts, different soul types will reincarnate into different body types of the same species. As humans, their personality is influenced and restricted by the characteristics of their soul. Spiritual evolution is limited by one's biological, genetic, and physical composition. For instance, a dog cannot grow emotionally as we do because their brains are biologically incapable of perceiving the same range of emotions. Dogs also do not feel equal self sacrifice and devotion to truth that some of us humans enjoy, and we are therefore superior to them. Lastly, since all souls, once out of the physical body and deep into the stages of the afterlife, are essentially the same being, there is no place for evolution in the spiritual realm; all evolution occurs on the physical plane of existence. This is why planet earth is so valued by the powers that be. It is the perfect training, evolving, and learning grounds for positive souls with the privilege of physical presence. In this region of the solar system, without an earth, there is no evolution, and whatever pain a soul is in continues indefinitely until that soul can reincarnate to evolve out of its pain. Because souls evolve by earthly hardships, new types of souls can only develop by modification of the older ones over millions of years of evolution. Thus, if a sudden jump occured in the genetic sophistication of a species, a spiritual void would be left as the older souls would be outdated and incompatible with the newly created species. The new species would be born as still births unless some source of soul were available that is suitable with the DNA of that species. The human race was a result of drastic genetic engineering by a coalition of several alien species/races several hundred thousand years ago, each group putting its own spin on the basic human template. Most of the aliens themselves were products of undisturbed evolution upon their homeworlds. Since human evolution was catalyzed, the souls of our ancient primate ancestors could not reincarnate in the newer advanced bodies. Thus existed a spiritual void which was immediately filled with a new source. Considering it was aliens who created humans, these aliens must have had some reason to profit from the task. In fact, most alien bodies were too primitive to allow further spiritual

Will My Child be Okay at a Summer Camp? :: Disabilities Education Essays

Will My Child be Okay at a Summer Camp? With the thought of summer camp comes the recollection of cabins filled overstuffed with bunk beds, campfires, and mess hall meals with the loads of friends we met at the opening dance. Summer camp is a childhood memory for many of us, one that changed our youth, usually for the better. Such camp memories and activities still hold true today, even for children with disabilities. The inclusive classroom that takes place during the school year has now begun to carry over into the summer months at camps across the country, whether they be overnight for the whole summer, day camps or weekend camps. Residential camps may be one setting where children can develop greater personal and social maturity, according the Ann Fullerton, et al. article entitled The Impact of Camp Programs on Children with Disabilities: Opportunities for Independence. With that thought in mind the Americans for Disabilities Act now requires all camps to make reasonable accommodations so that children with special needs can attend. But some camps surpass this requirement by a long shot. Inclusion has become quite a popular aspect of the general education schooling and so children with disabilities, learning, behavioral or physical among some, are now being placed in classrooms with their peers with no such needs. These children are given the chance to interact and experience things they would have never done at home perhaps or in a special education school. The same goes for summer camps these children may attend between June and August. As stated in a Washington Post article, â€Å"parents of special education students have long said their children are left in the lurch once school closes for the summer.† Summer camps across the country are beginning to bring together children with and without disabilities for memorable summer experiences. â€Å"The percentage of accredited camps that have tailored service for children with physical or mental disabilities has risen from 9 percent to 13 in the past two years†, states Harriet Gamble, director of co mmunications for the American Camping Association. Having accredited camps that blend children with and without disabilities provides an opportunity for new friendships to form and families to attend camp together. At Kamp A-Kom-Plish in Southern Maryland is where Tiffani Sterling-Davis sent her three children. Alayna and Julian checked into camp with sister Breanna, 11, who has Down syndrome.

Night’s Dream Essay

Task: Discuss the importance of magic in A Midsummer Night’s Dream 10c1 English Coursework Magic is probably the main theme in A Midsummer Nights Dream. It plays a vital and extensive role in each story – line. Each time Shakespeare uses magic, there is an important – if subtle – consequence. Shakespeare explores many aspects of magic, including how it causes problems and how it solves them. Magic is often used by Shakespeare to support and implement the comedic sections of the play. Before I explore the importance of magic in the play, I must explore magic itself,as it means different things to different people and to different cultures. Magic is defined in the dictionary as â€Å"Any art that invokes supernatural powers†. However, to other people and the majority of religions, magic is an evil force within the world, practiced by sinners and wrong – doers. This seems to be the main view of the society Shakespeare lived in. However, nowadays magic is generally not believed in. This seems to be Shakespeare’s point of view; this can be seen by his use of magic to create a comedic and mischievous – though certainly not evil- atmosphere throughout the play. In this way, Shakespeare could be seen as a writer ahead of his time. The effects of magic in A Midsummer Night’s Dream may have been influenced by the social attitude of the Elizabethan era. During Elizabethan times magic – unlike today – was widely believed in. It was considered a crime to practise magic and was an offence punishable by law. People (usually single women) were executed if they were suspected of committing this â€Å"crime†. I think that this may have influenced Shakespeare to make magic have such a dramatic and often catastrophic effect. An example of the disastrous effects of magic is when Robin Goodfellow pours the love potion in the wrong man’s eye, causing him to fall in love with another woman. This shows us that magic often has devastating and consequential effects, which affect the play as a whole. It also insinuates that magic might be a devious, if not evil, force. Magic plays a large and indispensable part in the play’s main plot, with the lovers. Magic is actually used to structure the main story – line. This can be seen where Oberon says: â€Å"A sweet lady is in love/ With a disdainful youth: anoint his eyes -/ But do it when the next thing he espies/ May be the lady†¦ † This shows us that magic is an extremely significant theme throughout the play. There would have been no main plot, had Robin Goodfellow not anointed the wrong man’s eye with the love potion. Magic also plays an essential part in many of the subplots. This can be seen where Bottom’s head is turned into that of an ass. Titania is then made to love him through magic. This suggests that magic is crucial to make the play the comedy that it is. These subplots can seem slightly insignificant and trivial at times, however, they all merge to create a gripping and interesting story. Magic is also used to solve or correct the problems at the end of the play. This can be seen where Shakespeare writes â€Å"†¦ Jack shall have Jill; / Nought shall go ill: / The man shall have his mare again and all shall be well†¦ † This can also be seen in Puck’s final speech, for example â€Å"†¦ Think but this and all is mended†¦ † The lovers are all as they were – except Demetrius who now loves Helena (though this is a good thing); Bottom’s head is restored etc. These, when combined form the resolution/conclusion of the play. Without the use of magic, normality would not have been restored. The play would not have had a proper ending. This supports my opinion that magic plays a fundamental and imperative part in the play. Magic is also used to make the lovers happy. Demetrius is made to fall in love with Helena. Consequently, Hermia can marry Lysander, with whom she is in love. This also makes up a critical part of the conclusion – another main role. Magic affects the environmental setting in the play. This can be seen when Titania says â€Å"†¦ Therefore the winds, piping to us in void/As in revenge for having sucked up the sea†¦ † This shows us that the whole of nature has been set off – balance by a mere argument between the rulers of the fairies. This shows us the intensity and extent to which magic influences the setting and design of the play. The name of the play, itself suggests the importance of magic. The reference to â€Å"midsummer† at first does not seem significant to the story. Why, then, did Shakespeare include it in the title? The reference to â€Å"midsummer† is actually an inconspicuous clue of the events in the play. Midsummer is widely considered to be a time of magic and mystery. Such tales of fortune personified walking on Earth support this. The fact that this play is set in midsummer contributes to the mysterious effect created by Shakespeare. This seems to be a direct and deliberate indication of magic, before you have even read the first word. Another hint of the content of A Midsummer Night’s Dream is the use of the word â€Å"dream†. Dreams are also widely considered to be a magical aspect of life. They are often interpreted and read by those who believe in magic. This, again, seems to suggest that magic will play a crucial role in the play. Even the word â€Å"night† could be interpreted as a reference to magic. Often – especially in older writings – magic plays a more vital role during the night, i. e. the hours of darkness. This is another obvious hint of magic, situated by Shakespeare before the play begins. This further reference to magic implements the role of magic as a theme in A Midsummer Night’s Dream and highlights its criticality to the story as a whole. In fact, Shakespeare actually seems to personify magic. After all, what is Puck? A mischievous being of magic that invokes supernatural events. This again is evidence of the importance of magic. Puck is often the character to inflict magic upon others resulting in a catastrophic yet comedic effect. Without the use of Puck’s magic, the lovers would not have ended up falling in love with the wrong people, and as this is the main storyline in A Midsummer Night’s Dream I think this is one of the most significant roles that magic plays and proves its necessity to the play. Magic, is therefore a significant factor of A Midsummer Night’s Dream. It is woven into most of the subplots and plays an extremely important role in the main plot. In my opinion, it would have been impossible for Shakespeare to have written this play without including magic. Therefore, magic is almost definitely the most important and essential theme of the A Midsummer Night’s Dream. Shakespeare impresses this significance on us using all of the story – lines in the play. It affects nature, physical appearance and even the mind. Magic is used both positively and negatively throughout the story. It is often the cause of problems, but ultimately it solves them.

How Christians put there believe of helping others into practise Essay

component part former(a)s is a big part of existence a Christian. One of the commandments is Love thy digest so many Christians do what they sewer to stand by.Charities are a popular management of protagonisting the poor. Both Christian and non-Christian charities pull up stakes a wide range of help for the poor and needy.Christian Aid was scar up in Britain and Ireland at the shutdown of the Second instauration War. Its main aims were to correct the quality of peoples departs, especially those of refugees who were struggling to cope with the aftermath of World War Two. It also funded church servicees to help remediate damage caused by the war. Eventually Christian Aids work started to involve other countries. It now has an income of approximately 40 one jillion million a class, and at that place are forty churches in the United Kingdom and Ireland who are part of Christian Aid. Most of the money, which they conduct through door-to-door collections and donations from members of the public and mingled churches, is put towards development work to help people in the long term. on that point are many other Christian charities that help in different directions. The Church of England Childrens society helps children in need. The Hospice question helps terminally ill people live(a) turn out(a) there life in a relaxed, caring environment make the experience less stressful for the longanimous and the patients family.A nonher known Christian organisation is the Samaritans which was set up by Chad Varah, a priest. Chad Varah set up this organisation because horrified to find out that 3 suicides took place every daylight in London. He believed that the best way to help someone who was contemplating committing suicide was to piffle to them. He set up a phone in his church and announce locally for advice for people who were feeling suicidal. right away The Samaritans deal with 2 250 000 calls a yearSir John Templeton is a famous openhearte d Christian. He grew up in a poor family on a elevate in Tennessee. He was educated at both Yale and Oxford University and he became a monetary consultant in New York. end-to-end his life he gave 10% of his meshwork (a process called tithing) to help the poor. Eventually he became very wealthy running a multimillion dollar investment company, where he successfully managed funds for over two million people world wide. In 1972 he started the Templeton prize to be awarded for progress in religion. The Templeton prize is now worth more than than the Noble Peace Prize. Fifteen age later he was knighted for services in philanthropy. In 1992, he exchange his investment company for $400 million. He still gives money to support projects virtually the world.George Macleod is another famous charitable Christian. In 1938 he set up a Christian partnership on Iona, an island away of Scotland. He found volunteers to learn building, quarry masonry and carpentry skills and together they r ebuilt Ionas done for(p) abbey. After that he opened a centre to provide shelter for juvenility people from across the world to live in a biotic community. The people of this community cook, clean, garden and work away. When they are not working they pray. The people who live there feel it is better for everyone to share and live in a close community than be rich and not.Oscar Romero was born in 1917. He became Archbishop of El Salvador in 1977. When he took his post his meekness encouraged the stain authorities to take advantage and footstep up there reign of disquietude against the church priests were dispatched and tortured. When he witnessed the murder of a particular priest Romero began to mean differently. He began to speak out against the organization in his sermons. In March 1980 he was shot while speaking out against the government in a infirmary chapel. He is seen as a salient martyr, who took the greatest sacrifice for what he believed in.

Law of Tort

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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