Dianna Abdala

Group Name: The McLovetts Group Members: Casie Mahalitc, Candice Lovett, Matt Cliborn, Louis Fratesi Project Two: Chapter 11: Incident 1, Dianna Abdala Questions: 1. With whom do you side here-Abdala or Korman? Neither because both made mistakes that created the situation. 2. What mistakes do you think each party made?One mistake made by both people was the fact that both parties could not refrain from insulting one another. If one or the other would have simply been the bigger person and stopped responding, the situation may have not gotten out of hand.Abdala’s Mistakes She should have used a richer channel of communication for delivering her decision to not accept the job offer. For instance, she could have scheduled a day to go by and tell Korman in person.-Challenging his credibility as a lawyer -Accepting the job offer, if what Korman said is true, before putting careful thought into making a decisionKorman’s Mistakes -He could have acknowledged her offer rejection respectfully instead of going as far insulting her and her method of delivery. By keeping calm and being respectful, a possible olive branch could have been extended for the company’s future needs in staffing. Although it is his company, it was very spiteful of him to forward the exchange to his colleagues. What happened between he and Abdala should have stayed between them.Not having a job offer contract in writing for future credibilityUsing profanity3. Do think this exchange will damage Abdala’s career? Yes, because it is never a good idea to burn bridges with people. Being that Korman has his own firm and experience in prosecutions, Abdala may have ruined her chances at even having him being her counselor. Korman’s firm? His unprofessionalism may gain him a reputation, but not as much damage will be done to his firm. If he is responding to offer rejections the way he did with Abdala, he could miss out on an opportunity to later hire quality candidates for other positions in his firm.4. What does this exchange tell you about the limitations of email? It shows that email is not the best way to deliver bad news or negative messages. As discussed in the chapter, during an email inhibitions go out the window and people do not take the time to think about what they are going to say and what consequences may follow.

The Manager as a Critical Thinker

The 10 steps of critical thinking Include: What are the issue and conclusion, what are the reasons, what words or phrases are ambiguous, what are the value and descriptive assumptions, are there any fallacies in the reasoning, how good is the evidence, are there any rival causes, are the statistics deceptive, what significant information has been omitted, what reasonable conclusions are possible. The book stated that â€Å"an Issue Is a question or controversy responsible for the conversation or discussion. It Is the stimulus for what is being said† (Browne & Kelley, 2012).The book goes on to dividing the issue into two categories: descriptive and prescriptive. The book defines descriptive issues as those that cause people to question the accuracy of vents In the past, present or future. And prescriptive Issues are those that raise questions about what is the right thing versus the wrong thing to do, good versus bad, what we should do. The issue in this scenario falls under th e descriptive category. The CEO of PAS Manufacturing, Raymond Sesame's compensation is significantly higher compared to the salary of Coos in other companies with similar characteristics.James was hired In 2003 for a five year appointment with the starting salary at $400,000. During the first three years, the contract promised him raises of %, 5% and 7% consecutively. After the first three years, the Coo's compensation continued to increase significantly while the company experienced zero growth In the year of 2006 and continued to experience loss ever since without signs of recovery. The impact of Sesame's high compensation made headlines in a local newspaper. Employees of PAS are also expressing discontent with their current CEO.As a conclusion, the senior vice president of Human Resources at PAS wrote a memo to the Board of Directors advising the board that the compensation for the current CEO s misaligned with the industry average. He is hoping that the Board would consider sear ching for a new candidate to replace James who would be able to contribute to the company's growth. There are several reasons provided by the Director of HRS to support his recommendation In replacing the current CEO with a new candidate. Browne and Kelley define reason as explanations or rationales that support the validity of a conclusion (2012, P. 30).In this case, the first reason is evidently provided in the table that compares the Coo's salary to the company's growth rate from 2003 o 2009. The Coo's raise percentage continued to rise by 2 percent every year while the company's growth seized In year 2006 and exhibit a loss trend In subsequent years. The HRS Director believes that compensation should be based on performance, 1 OFF reflect his performance. Another reason is that other Coo's from companies with the same characteristics as PAS were only averaging about $391 ,659 in 2007 while Sesame's salary was as much as $100,000 over the national average.It indicates that the co mpany is spending â€Å"unnecessary' money. Lastly, the number of dissatisfaction or the current CEO is growing among the employees of PAS. The HRS Director fears that if union workers have lost respect for the CEO, it would be hard to stop other groups from losing faith as well. The next step is identifying the words or phrases that seem ambiguous in this situation. The book stated that ambiguous words or phrases should be looked in the reasons or conclusion areas because the author wants the reader to accept a conclusion. Therefore, I should look for words or phrases that affect my decision (P. 41).In the last sentence, the HRS Director said that e hopes the successor â€Å"will be more hard-working and willing to do what is necessary' which all sound very ambiguous. Because he never mentioned previously what constitutes as hard-working. Hard-working could mean different things to different people. And â€Å"willing to do what is necessary', what does that mean exactly? There s eems to be implied meanings to this phrase. A person might think doing whatever necessary as breaking the laws to achieve the goal while others might have an entirely different interpretation. Another ambiguous word is â€Å"greatness† in the same sentence.Greatness could also mean many things in this case. It could mean that the company is able to recover its losses or the company is able to regain the trust from partners and employees. Once again, it is hard to determine exactly what the Director want to express by using these words and phrases. The next stage of critical thinking is identifying the value and descriptive assumptions. According to the text, â€Å"a value assumption is an implicit preference for one value over another in a particular context† while â€Å"a descriptive assumption is an unstated belief about how the world was, is or will become† (P. ). The HRS Director considers pay for performance as the best method to determine compensation. By supporting this idea, he believes that productivity is the determining factor in evaluating how good a worker is. Therefore, he prefers his company to follow the industry best practices in determining the Coo's pay rather than the current practice. The descriptive assumption in this case is the belief that the company's performance will improve under the direction and management of a new CEO. In other words, the company's status cannot be improved by other means except for the replacement of the CEO.There are several fallacies that the author used to persuade the reader's opinion in this situation. The author attacked the Coo's personality by pointing out that a local newspaper recently quoted the CEO saying the following line; â€Å"I'm worth every penny I'm paid; this town owes everything to me and my family'. This is an attempt to show that the CEO has disputable character and that he is a cocky ungrateful man. The author also went on to say that the CEO is a very wealthy man as the only grandson of the company's founder. And because of his financial status, he has no inventive to ark hard for this company to strive.Another fallacy that was used is the slippery slope technique in which the author assumes that one event will set off a chain of uncontrollable and undesirable outcomes. The author said that once union workers lose respect for the CEO by circulating an unflattering comic representation it will losing faith in the CEO as well. Next step in critical thinking is to determine the validity of the evidence presented. The first evidence provided by the author is the table listing the Coo's annual raise versus the company's annual growth rate from he company's Human Resources Department.This evidence could be considered as valid because these are probably based on exact figures provided on payroll as well as the company's financial statements. The next evidence that the author presents is the average salary for other CEO in the same industry. At first glance, by using the phrase â€Å"according to the Economic Research Institute†, it would cause the reader to think that this must be a reliable source. But when looking at the footnote at the bottom of the page, the source was Just a salary calculator providing estimates.There re no concrete facts to support that the figure presented was the actual average for the industry. That makes the source not very reliable on its accuracy. The author went on to say that research shows that Coo's median total compensation fell yet the source for this research is from wick. Wick is not considered as a scholarly source for research. The next evidence provided is the survey of executive pay practices. The author stated that 64% from that survey reported salary freeze yet the author never stated how large the sample size was and failed to mention if the sample was Mandalay selected or not.Surveys are often biased because it fail to truly represent how people truly feel instead people fill out answers as they think they have to give. Lastly, the author quoted another cite citing other cities. The author used a source that was quoted in the Baltimore Sun without examining to see if the original source is dependable or not. Lastly, the statement that â€Å"everyone in the Human Resources field knows† is a generalization. The book defines this as â€Å"a person draws a conclusion about a large group based on experience with only a few members of the group.The author clearly has not met with everyone in the HRS field, therefore, he use his experience as being the HRS director to support his claim that this is the thinking of the whole field. The next step in critical thinking in the book is looking for rival causes. The books definition of â€Å"a rival cause is a plausible alternative explanation that can explain why a certain outcome occurred† (P. 128). The author was citing several sources to support his claim that the median compensation for CEO in the industry fell during Sesame's terms, as well as a lot of companies were freezing or rimming salaries for their executives.The author also cited another claim from a source stating that indeed, excessive CEO compensation was the actual cost of the economic recession in the United States during those years. This is the cause that the writer wants the readers to believe that the growth of PAS has stalled over the years is due to excessive compensation. There could be many other reasons that could arguably be the reason why the United States was experiencing a recession during that period such as high unemployment rate, foreign policy, war spending, amount of unsecured loans, etc.Clearly, high CEO compensation cannot be considered as the sole cause of the recession as the author wants us to believe. The author in this scenario used several statistics in trying to support his claim. First he said that the medial total compensation fell by 7. 5 percent, in this case, we weren't provided w ith the base number to determine if 7. 5 percent was significant or not. Once again, the author claimed that 64 percent of companies responding to the survey reported that omitted the total number of companies. 64 percent is an impressive number and we old have been easily swayed if we didn't question the use of statistics.

Personal statement for Hult International Business School

For Hult International Business School - Personal Statement Example I have acknowledged that a brighter future awaits if I pursue higher educational degrees in the field I am most interested in. Since the start of my bachelor degree, I have focused on delving in International Business at Hult International Business School due to the shared commitment for â€Å"personal growth, intellectual integrity, global sensitivity, local engagement, and civic values, so that students are able to flourish in the global economy and are empowered to contribute meaningfully to their business and community† (Hult: Mission, 2010). In this regard, I am looking forward into changing cities to face new challenges and experiences. After completing Master of International Business, I plan to pursue a job in finance or real estate, concurrent with past experience in my family’s business. Likewise, after a few years of work experience, I am determined to return to Hult to pursue my MBA.   For my long-term goals, there is this entrepreneurial drive to take over my familys real estate firm in Belgrade, pursuant to the encouragement of my parents. Equipped with the theoretical framework and skills honed through the academe, I am determined to expand it and to seek new business opportunities to capture Balkans’ growing market. The course in International Business would effectively develop the needed knowledge and skills to venture into opportunities in the local market (initially) and eventually in global and emerging markets. My current course in Economics with focus on finance and administration would provide the theoretical background to indulge in higher education on an analogous field on endeavor. As I have been part of our family business, I was exposed to the rigors of entrepreneurship, management, operations, and human behavior in organizations. These experiences, in conjunction with the academic framework, provide the impetus for making my plans viable and credible, both in the short-term and

Inclusive leadership Essay Example | Topics and Well Written Essays - 500 words

Inclusive leadership - Essay Example This leadership will need to be found not only in the organization's management but also among employees, customers, investors, suppliers and the community. As an inclusive leader, one must adopt - and live - a set of values, which places human relationships centre stage and which defines the purpose of your enterprise in other than purely financial or commercial terms. For leadership to be meaningfully inclusive, it must find a way to include everyone in governance processes and be organized to pursue inclusive principles. Inclusive leaders perceive the organization as a complex system of mutually interdependent relationships, understand the links between the organization and the wider socio-economic environment and see organizational change in the context of social and technological change. "It is this deep understanding of the nature of the interdependence that exists between the organization and its dynamic environment that provides the basis for the ability of leaders to contribute to the development of an inspiring yet achievable vision of the organization's future." Such vision should meet the needs of the key stakeholders and at the same time provide the basis for an enterprise strategy to develop and sustain a competitive advantage. It attracts young managers with recognized leadership potential working in the voluntary, public and private sectors.

Quantitative Methods for Accountants Math Problem

Quantitative Methods for Accountants - Math Problem Example Negative shadow price for contract obligation (-'3) indicates that each additional unit of product A to be produced according to the contract provision will have 3-equivalent negative influence on the value of the objective function. Reduction of the amount of product A to be produced and sold will have the opposite effect. Selling price - (Labour time required * shadow price for Labour time - Machine time required * shadow price for Machine time - Raw material required * shadow price for Raw material - Changes in contract amount* shadow price for contract) = .. Shadow price for raw materials (4) indicates that each additional unit of raw material bought or used will have '4-equivalent positive (negative correspondingly) effect on the objective function. Negative shadow price for contract obligation (-'3) indicates that each additional unit of product A to be produced according to the contract provision will have 3-equivalent negative influence on the value of the objective function. Reduction of the amount of product A to be produced and sold will have the opposite effect. d) The impact of producing Product D on the total contribution to profit can be calculated as indicated: Selling price - (Labour time required * shadow price for Labour time - Machine time required * shadow price for Machine time - Raw material required * shadow price for Raw material - Changes in contract amount* shadow price for contract) == '55 - ' (6*0 + 6*0 + 3*4 - 0*(-3)) = ' 55 - ' 12 = ' 43 As the calculated value is positive and quite significant the company also should produce product

Egan's Clothiers Term Paper Example | Topics and Well Written Essays - 1750 words

Egan's Clothiers - Term Paper Example This made the employees want to sell as much items as possible in order to be ranked at a higher level of productivity. This appraisal system did not perform at it best though, the sales of the firm increased. At one time, the store manager acknowledges that the performance of the employees got worse because they did not respect customers. They would harass them in order to make more sales. Performance appraisal is one of the major tools that are used to improve the productivity of workers at their place of their work and to be effective. In order for an organization to attain its stipulated goals, appropriate performance appraisal tools should be put in place in order to increase workers performance. Most organizations perform below the required level, making very little sales per day since their workers are not encouraged to perform better and to work harder. If an organization does not invest in to the welfare of the workers, problems are bound to happen such as low morale and pro ductivity and low level of commitment at work. Attractive systems of appraisal are set up in order to motivate workers to work harder and recognized through promotions and rewards (Selden & Sowa, 2011). For instance, Egan Clothier uses a promotion strategy that is based on the productivity of the workers. The workers are encouraged to sell as much as possible. The retailers made more sales as compared to its competitors because the Egan’s Clothiers hired employees based on their past experiences. The employees would then undergo through a retail selling skills training and customers services training. This put the Clothier ahead of its competitors who hired inexperienced students from high schools (Snell & Bohlander, 2011). Although, the training program cost the Egan’s approximately 750, 000 dollars, the management thinks it was worth the cost because the workers would perform at their best making more sales and hence more revenue in the long run. On the other hand, t he Egan’s associates rewarding of the workers based on their performance. Their on-going sales would be recorded and used to categorize the workers. The firm would then use the categories to promote the workers within the firm. This activity ensured that the workers sold as many items as possible hence increasing the overall sales turn out of the form. This appraisal system was ineffective because the workers would do everything possible to hit the set individual targets. They would even beat up their customers in order to sell. Are there other performance effects directly and/or indirectly caused by the appraisal system? Appraisal system used by Egan Clothiers had several effects, both directly and indirectly. For instance, the system is not effective in reducing cost of labor instead the worker’s productivity is worsening. According to Paul Kelly, the store manager, the workers are beating up the customers in order to make a sale. Peter Drucker, on the other hand say s that establishing effective decision making is important at every level of the employees. Egan failed to acknowledge the satisfaction of the workers based on the appraisal system used. Egan Clothiers only took the first of improving performance of the workers and neglecting other aspects that affected the performance of the organization. An organization should use successful criteria of evaluation. The criteria based on the performance o

Aquinas Essay Example | Topics and Well Written Essays - 750 words

Aquinas - Essay Example Man typically behaves in accordance with the nature that leads to the good or what is ideal as convened or sought after by the majority of members in the society. By natural law, this setting enables men to compete with each other exhibiting skills that are subject to desired recognition but the problem emerges when, in an effort to improve, an individual tends to consider deceitful schemes to outwit others and succeed thereafter. Because we all live in a society, the law of nature drives us to excel with the potentials that we have, it is inevitable to think constantly of matters that bring good to ourselves. To Aquinas, anything good is within precepts or dictates of the human intellect over which natural law governs. By knowing what is good for us as humans with the power of will and intellect, we allow nature to direct our capacities to the attainment of such good and Aquinas further claims that our knowledge of the good comes with our knowledge of the opposite so that the natura l law automatically guides our path of thinking and action in discord with the bad or evil. Though this principle can possibly arrive at full realization and in time should make better human beings, still we ask, why do crimes prevail and humans often end up hurting each other in the process of personal development? Analyzing based on the grasp of human intellect, we begin to understand that since there is no way we can fully comprehend God’s design by participating to obtain the perfective object within the realm of divine instructions, we are disposed to compensate by seeking guidance through man-made laws. These laws have correspondingly established norms which are agreed upon by the majority, but not by all. So that those who commit misdeeds to the extent of crime in the society are considered the deviants whose weakness at grasping the moral law as a manifestation of the eternal law renders them to depart from the original precepts of good. Besides crimes or acts of inju stice of one man against the other, the society may be observed with people who continue to live with dissatisfied or emotionally complicated lives. On the basis of a concrete experience of human trouble, say of the state of depression or feeling empty despite the presence of material wealth and quality of intelligence, we examine what could have gone wrong as natural law facilitates human’s inclination toward the good or ideal accomplishments described within its scope. Then gradually, we discover that the satisfaction or happiness aimed for is subject to what a human being uniquely treats as a concept of perfection and desire; and because humans are distinct from each other in several ways, we may not readily guarantee or acknowledge that a common good end applies to everyone under the same sun. Hence, if for instance I were a human being with a broken heart, my highest priority would be to acquire relief from such condition of broken-heartedness and it would bear no releva nce for me to strive to achieve perfection in other fields even if this is where the larger part of the ethical society is headed at. As Aquinas proposed, the human mind is limited and most of us are consumed by the worries of the world in the manner cited due to this limitation which prevents men from resolving to eradicate the consequence of weakness made by it. Moreover, the contemporary society in which we live may be

Textual analysis Essay Example | Topics and Well Written Essays - 1000 words - 3

Textual analysis - Essay Example Although I agree with Talbot that the new generation needs a boost to accomplish more, I do not believe that neuroehancers is what our generation needs to get ahead in the white collar competition. Although there are many people out there who are using these drugs to try and get ahead of the competition, not all people are really making any progress in that direction. In fact, the people who are using these drugs are mostly already ahead of the competition that we wonder if these drugs actually even helped these people achieve their goals. Throughout the report of Talbot, we can clearly see that the people who used neuroenhancing drugs did not feel smarter or more creative. First, let us take a look at Alex the guy who recently graduated from Harvard. Alex is a classic example of a student who wants to achieve almost everything at once. He led a very hectic schedule so he needed an energy booster to keep him awake, alert and focused. Since Alex was admitted to Harvard and he ran a student organization, presumably, this guy is already smart and is ahead in terms of academic achievements. During his interview with Talbot, Alex clearly stated that the drug Adderall helped him focus his mind on the tasks at hand but it did not make him feel smarter. According to Alex, â€Å"The drug, along with a steady stream of caffeine, helped him to concentrate during classes and meetings, but he noticed some odd effects; at a morning tutorial he†¦ alternated between speaking too quickly and thoroughly on some subjects and feeling awkwardly quiet during other points of the discussion.† Lunch was a blur: â€Å"It’s always hard to eat much when on Adderall.† Based on the statement of Alex, we can clearly see that the effects of nueroehancers are not always good. The sudden bursts of mental activities followed by silence are not a good sign. If our generation wants stay competitive, we need more than just drugs that boost out mental

Should Greece leave the European Union, or the Eurozone Essay

Should Greece leave the European Union, or the Eurozone - Essay Example In the 1930s, Adolf Hitler wanted to conquer the whole of Europe. In all these cases, the goal was to control and dominate Europe. For many centuries, wars were fought in Europe for religious and political reasons but with no positive results. After the World War II ended, it became clear that war and violence cannot create a unified Europe. By the end of the war in 1945, there was destruction depicted in all the European cities. Many people lost their homes and families. Production and trade were also crippled as factories were destroyed. Many bridges and railroads were also destroyed by bombings. Many Europeans who lost their homes and means of income were devastated as they became helpless and did not know how to rebuild their lives. It became apparent that the need was to adopt an entirely new kind of strategy and concept to recreate the nation, and guide the Europeans to bring their lives back on normal track. For this, it was required that the European people make a peaceful co mmunity by working together to rebuild their nation. The traditional concepts of capturing and controlling Europe because of rivalries had to be eliminated and had to be replaced by a â€Å"new spirit of cooperation.† This new philosophy of cooperation was remarkably followed in the post WWII era. The two instances were the Marshall Plan and the Berlin Airlift, and these were examples of how the allied nations helped the defeated nations of WWII. This was the beginning of a new phase in the history of Europe, and paved the way for a peaceful unification of Europe. During the WWII, smaller countries like Netherlands and Belgium entered into economical and trade agreements; the idea was that economical unification of smaller countries will make them competitive rivals of larger countries. This concept was already established in 1921 by the governments of Luxemburg and Belgium. In 1948, the Benelux Customs Union was formed which â€Å"enabled the free movement of goods, workers , services, and capital between the countries.† In 1952, six European countries began the phase of forming the European Union (EU). The Benelux treaty was signed in the year 1958 which formally provided free trade facilities to the Benelux countries (Introduction to the European Union, n.d., p.2). This paper focuses on Greece joining the EU in 1981, the economic crisis faced by the country and in the final part it has been discussed whether Greece should or should not continue to remain as an EU member country. Decision-making in the European Commission EU has a standard process of making decisions which is termed as joint decision. This means â€Å"the European Parliament has to approve EU legislation together with the Council based on a proposal from the Commission.† (Decision-making in the European Commission, n.d.) There are three major institutions which participate in decision making process of EU. The first one is the European Commission which looks after the int erests of EU and makes decisions that are in favour of the interests. It also has the responsibility to formulate proposals for any new laws to be established in Europe. It has the additional duty of ensuring that the EU policies are efficiently implemented and also manages the spending of EU funds. The second institution is the Council of the European Union where the ministers representing each EU country assemble to generate new laws and implement policies. It also approves the annual budget of EU and has signing authority on any agreements between and other countries. The third and final institution is the European Parliament which is a body of members elected by citizens of each EU country which it is a representative body of the countries’ common people. The European Parlia

Sourcing Decisions of Arts and Media Organizations Essay

Sourcing Decisions of Arts and Media Organizations - Essay Example Likewise, the process of fund raising and donations has rather become a commercial activity that not only has resulted in more and more charity events but has also created a market within that is funded by such large organizations. The amalgamation of social services and media and arts has been an eminent result. Hence the market for sponsorships has thrived. These can be seen by the famous charity events by BBC and FOX news (Dan 2011). Thus, activities like fundraising, donations and sponsorships are of strategic importance to such organizations which is why sourcing decisions are of integral importance to not only a firm’s financial standing but also to its public relations. It has no become a necessity to get the charity events sponsored or to sponsor a charity event for that matter, as it adds to the reputation and good will of the company. Likewise, firms involved in fundraising are evaluated on the basis of their participation in social activities and on this has become marketing an essential marketing tactics to broaden their customer base and reach of the brand. Fundraising events or sponsorships act as a contact point for several untapped markets and increases brand loyalty of the existing customer base (Pope 2010). Therefore, sourcing decisions are imperative. ... These may include the extended reach of its brand awareness, the objective to increase its brand exposure by having logos placed on the event’s advertisements or simply the motif of profit maximization. These objectives might sometimes conflict with the objective of the firm especially if the event is a charity event (Pope 2010). In that case both the parties will aim for different incentives thus the marketer must provide more substance than just logo pasting. Moreover, the commercial benefit of the sponsor may often be in direct conflict with the firm’s strategic goals. Hence rounds are negotiations are often common when sourcing decisions are made which however incur much costs for the firm (Simmons 2006). Therefore, the most crucial step is the decision to choose from the various candidates. A firm must choose the sponsor who is the best fit with the company’s strategic goals as well as its public image. The Consumer Involvement theory suggests that consumers make purchase decisions based on the level of involvement they have with the brand and includes the aspects of consumer behaviour like amount of time spent on choosing the product or service, research about the specific product or service, asking friends and family etc. therefore, like the advertisements and promotions, sponsorships should be based on such considerations (Krohmer 2011). Given the nature of arts and media products and services, which are high involvement decision making processes involving emotion rather than rational, the sponsorship should be based on consumers’ preferences of the emotional brands that they associate themselves. Hence if an organization is unable to identify the purchase decisions of its

Case for Analysis Marching Towards Market Essay Example for Free

Case for Analysis Marching Towards Market Essay Introduction Whirlpool Corporation is a Fortune 500 company and a global manufacturer and marketer of major home appliances, with annual sales of approximately $20 billion. Whirlpool entered the Indian market in the late 80s, and had entrenched itself as a formidable player in the Indian home appliances market by the mid 1990s, with a comprehensive product portfolio covering washing machines, refrigerator, microwave ovens and air conditioners. Today, Whirlpool is one of the most recognized brand in home appliances in India and holds a market share of over 20%. While Whirlpool is an acknowledged player in many of the water purifier markets across the world for the past several years now, Whirlpool entered the growing water purifier market in India in 2008. Given its focus on â€Å"attaining market leadership through Customer loyalty†, Whirlpool aspires to be the market leader in the water purifier market by 2012. This case presents the situation of the water purifier market in India, and poses challenges that Whirlpool will have to overcome to achieve its vision of becoming the market leaders. Drinking Water : A perspective Even as world bodies and governments across the continents are strategizing to manage the growth humanity in a holistically sustainable manner, availability of safe drinking is a major area of concern for all. As high as 884 Mn people in the world do not have access to safe water. This is roughly  one in eight of the worlds population. 1.4 million children die every year from diarrhoea caused by unclean water and poor sanitation one child every 20 seconds. Approximately 80% of diseases in India are caused by water borne micro organisms. This is true in rural as well as urban India. However, awareness of health risks linked to unsafe water The use of water can be broadly divided in to two major categories, namely for Consumption (drinking, cooking etc) and Sanitation. This case focuses on water used for drinking purposes. A brief on Water Treatment methods Throughout human history, different methods of treating water before consumption have been devised. Up until about 100 years ago, it was always found that water flowing from natural springs was safe for drinking in its natural state, but in the 21 century even spring water is first scientifically tested before it is recommended or bottled for drinking. Each of the above methods carries with them significant disadvantages either from a convenience point of view or from health and hygiene perspective. This calls for more sophisticated methods of purifying water, to suit with the evolving lifestyles in the societies. Current State-of-the-Art Water Purification Technologies Today, the more sophisticated and commercially available water purifying technologies are, †¢ †¢ †¢ Manual fill Purifier (Drip Type) Ultra Violet (UV) purification Reverse Osmosis (RO) purification The latter two are generally referred to as Electronic Water Purifier technologies (EWP); by exception, the first one is referred to as Non EWP.  The above three are given in the order of chronological evolution, with RO technology being the latest in the Water Purification technology. The manual fill purifiers do not run on electricity, which is a scarce resource in many parts of rural India, and also have significantly lower costs in comparison to the EWPs. Interestingly , these manual fill purifiers which primarily use chlorine or UF technology are at par in performance with UV in terms of microbial protection. UV has been the oldest technology in the industry. It typically involves preliminary stages of filtration, followed by treating the filtered water through UV rays to deactivate the microbial organisms.   In the RO technology, even the smallest of microbial organisms are filtered using the reverse osmosis technology. RO technology especially scores over UV when the Total Dissolved Solids (TDS) count in the source water is high . One disadvantage of RO systems is the wastage of significant quantum of water during its processing. Needless to say, the costs of the products under these different technologies increase from manual fill purifiers to UV purification systems to RO purification. The typical price range of manual fill purifier products is Rs. 1500 to Rs. 3500, while the UV products range in price between Rs. 4000 to Rs. 9000. The RO products are priced on the higher side starting from Rs. 8000 to Rs. 20000. Many products available in the market today in India use a combination of technologies but for the products in the lower end technologies (manual fill purifiers). Water Purifier Market in India The delivery of purified water in the Indian markets follow two conduits, namely, water purified in purification plants delivered to residences and other consumption locations (e.g. restaurants) in cans; and installation of water purification instruments at the place of usage. While the former  One of the oldest methods of treating water, and one still used constantly in Third World and often in developing nations or areas that have seen recent natural disasters, is boiling to kill microbes (but this causes loss of taste and may leave in dirt). Other methods of water treatment include filtering and distilling, use of chemical agents such as Iodine or Silver or Potassium Permanganate into the water supply, or the use of candle filters. methodology predominantly uses multiple technologies mentioned above, provides economies of scale and eliminates initial costs of investing in equipments, the costs involved in distribution of the treated water counters these economies of scale. The l atter provides for visibility and ease of use, which are significant perceived benefits in comparison to the former. While both the delivery mechanisms exist, the latter is fast catching up. This case focuses on the latter, which is typically referred to as the Water Purifier industry. This industry is broadly divided in to two categories namely Electronic Water Purifiers (EWP) comprising of products using UV or/and RO technologies and Non Electronic Water Purifiers (Non EWP) comprising of products that use the manual fill purifiers. Frost and Sullivan report of primary research in 2009, estimates the total market size of the Water Purifier industry in India to be 2000 Cr of which 63% is from product sales and 37% is after sales revenue. Despite the size of this industry, the Water Purifier industry in India has a low penetration (2% Urban and 0.5% All India) as per IRS 2007 and is growing at a strong rate (others use traditional water treatment methods like boiling and filtering, or use of chemical additives like Chlorine, Potassium permanganate etc). As per AC Nielson 2006 study( and internal estimates), the industry is expected to touch approx 2.3 mn units by the end of 2009. Expected growth rate of 15% and a CAGR (‘04-‘09) 21%. The average ASV of the industry is Rs 6700. With a size of approx 1.7mn (units), the EWP market is divided into 2 sub-segments – RO (30% sal) UV (70%). The RO segment is the premium end of the category and has an ASV of Rs 12000 while UV has an ASV of Rs. 7000 .RO UV growths , CAGRs(‘04-‘09) are (15% ,16%) and (10% ,10%) respectively. The Non-EWP segment operates at a sub 2K ASV (Rs 1900). This segment is witnessing an explosive growth with the entrance major players like HUL etc . The Annual growth rate was witnessed at 25% while CAGR(‘04-‘09) at 77%. It is important to note that the technology sold in a given local market is also dependent largely on the characteristics of the source drinking water in the given demography. For example, a region like Delhi with high TDS calls for RO technology, while regions like Cochin with low TDS would depend on products with UV technology. Also, one of the detriments to EWP products is the availability of continuous flow of source water and availability of power, both of which advantages are addressed the products dependent on Manual Fill Purifier technology. While the major element of the market in the water purifier equipment business in India is still in the unorganized sector, branded products are catching up and their market share is improving. The major branded players in the market are Eureka Forbes (AquaGuard, AquaSure brands), Kent, Philips, HUL (Pureit), Ion Exchange (Zero B) Ushabrita and Whirlpool (Purafresh). As per Frost and Sullivan report 2009 , Market share by player and by technology- Approx Shares ( for 2008) Eureka Forbes: RO(20%) , UV(35%) , Drip Type(33%) Kent: RO(25%) , UV(0%) , Drip Type(0%) ZeroB: RO(15%) , UV(0%) , Drip Type(0%) HUL : RO(0%) , UV(0%) , Drip Type(42%) OTH: RO(40%) , UV(65%) , Drip Type(25%) The Non-EWP segment was primarily dominated by local players until recently, when HUL entered the category with its drip type purifier under the brand Pureit at a break through price of Rs 1800 and took the market by storm. The other key players in this segment are Ushabrita Eureka Forbes. The channel for this segment has traditionally been the Direct to Home (DTH) route, with this route still accounting for a whopping 65% of the product sales in this category. The ratio of Eureka Forbes’ DTH sales is higher at 75%. On the trade side(contribution bal 35%), the DAP channel (Domestic Appliances Products) accounts for the larger proportion of the share with 65% while the Durable Trade accounts for the remaining 35%. The DAP Channel mainly consists of small appliance sellers  who sell products like iron , blenders , mixers , gas burners etc. These retailers primarily sell products which lie within the price range of Rs 500-Rs 5000. They are typically not in the prime locations in the market place and their shopfloor size is on an avg10X10ft. The products are displayed mostly in a packed form. The products are sold very close to the MRP and the discounts offered are in the range of only 5-10% HUL has made an entry through a unique channel. It has opened up a large number of ‘Water Safe Zones’ / â€Å"Product Experience Centres’ and is pushing the volumes from there while catering to direct to home service as well While HUL is establishing itself in the entry level segment through consistent advertising and promotions , the more established players in UV RO like Eureka Kent too are active in the media space and are seen promoting their products through several media elements. Recently, HUL was seen rolling out a ‘Rs 1 Crore’ challenge offer and heavily promoting the same. At the same time Eureka Forbes was also seen throwing a ‘Money Back Guarantee’ offer on its products. Eureka Forbes operates with a strong sales service force of 6000 people on the company rolls along with an equally large group of third party franchises. The company has been under pressure to expand its volumes since the avg the productivity of its sales team has come down over years. Lately, they have been seen heavily focussing on retail through their ‘Aquasure’ brand while the ‘Aquaguard’ brand is operating in the DTH section. Kent has its own sales service set up in Northern India while it depends on third party franchises for its operation in the rest of the country. It has branch offices in 6 cities (AP , Karnataka, Kerala , Mumbai , Gujarat , West Bengal). In order to counter HUL’s explosive growth, Kent recently rolled out a NON-EWP (UF based) purifier at a price of Rs 2500 under the sub-brand  Ã¢â‚¬â„¢Kent Gold’. This product is being primarily marketed through the retail channel. HUL has set up its Safe water zones with external KSPs ( Key service providers) while continuing to have its internal sales team supervising the operations . In Delhi for example , it has 27 such zones with a sales team of 750 sales men, 17 Territory sales executives (TSE) , 3 business development executives (BDE) , 1 area head.(AH) and 2 service officers . The TSEs, BDEs AH are on company rolls. The following table summarizes the typical product price points in the various segments. Price range (In Rs) Unorganized 1500-2500 4000-6000 8000-12000 Organized 2000 – 3500 6000-9000 8000-20000 Whirlpool Not Applicable Not Applicable 12500-20500 Segment Non EWP Ultra Violet (UV) Reverse Osmosis (RO) Whirlpool’s entry in the Water Purifier Market in India Whirlpool has been present in the Water category in all the key regions of the world including US, Canada, NAR, Europe, Brazil, Mexico Asia in several value added segments like water heaters, bottled water dispensers, water softeners , Refrigerator filters etc. Whirlpool entered the Water Purifier Market in India in the early 2008 to tap in to the growing Water Purifier Market, focused on the RO segment to start with, with the launch of the Purafresh range of purifiers. Currently, Whirlpool Water Purifier products are available across all markets in the country. Whirlpool has garnered a Market Share of 5% in the RO segment in the past 1  ½ years. The Water purifier category is a perfect brand fit for Whirlpool. It is a home appliance used by the home maker to provide safe and pure drinking water to her family, thus building a strong case of placing trust in the brand. This category will lend a lot of credibility to the Whirlpool brand. Whirlpool’s communication strategy also revolves around reinforcing this element of Trust. Equipped with Whirlpool’s patented 6th Sense technology, the new ‘Purafresh’ water purifier is the first Reverse Osmosis system on the market that not only purifies but also protects the purity and freshness of the water with its prestigious gold seal certification (from GOLD Seal of Water Quality Association, USA WQA). Purafresh is available in three models – Purafresh Platinum, Purafresh Elite and Purafresh Deluxe. Trigger Questions for Analysis Given the situation described above, suggest a comprehensive â€Å"Go-To-Market† plan following a systematic methodology for Whirlpool to achieve its overall objective of achieving market leadership in the Water Purifier Market (in the organized sector) by 2012, and its interim goal of achieving market leadership in the RO segment, ensuring its premium brand image, and its operational philosophies (given in the annexure for ready reference). A) Understanding and presentation by a Systematic methodology. B)Inputs: Should reflect comprehensive understanding of the company and competitive environment. 1) Analyze company development , history, Growths. 2) Identify Strengths , weaknesses , 3) Analysis of external environment (Porter 5 forces , SWOT etc) C) Outputs: Understating should result in output 1) Strategy on all 4 P’s 2) Channel Strategy ( Spl Focus) a) Evaluation of SWOT b) Key market insights c) Business Level Strategy d) Recommendations (including articulation of hypothesis) e) innovative approach especially in the communication/promotion strategy Phase II Build a detailed business plan arising out of the above strategic plan, and project the profitability of this business over time, including investments that may be required for new products and their market entries, while achieving this objective. Recommendation evaluated by 1) Strategy 2) Product choice 2) Financials ( volumes, Margins , costs , etc) 3) Process of executing strategy 4) Innovative approach/ideas. {In the first phase, the second phase question and related references should not be circulated} Whirlpools high end Purafresh platinum model, is Indias first and Only Direct Flow RO with no storage tank enabling immediate consumption of freshly purified water with 72 litres per hour capacity (Normal RO products have 8-10 litres per hour capacity). It has an advanced 5-stage purification process and also boasts of a first–of–its–kind electronic interface with a Filter change indicator, which alerts the consumer on the need to change the filter and thus ensures continual purity protection of the water. Other diagnostics functions like no water on tap indication, self cleaning mode indication, and water extraction indication makes it the most advanced and best in class product available in the Indian market today. Whirlpool entered the Indian market mainly leveraging their strength in the durable retail channel and has the highest share (30%) of all Water Purifier sales in this channel. Whirlpool has also entered the DAP Channel and are currently having a 10% share in that channel. The â€Å"Surging to Lead† Challenge Given its focus on â€Å"attaining market leadership through Customer loyalty†, Whirlpool aspires to be the market leader in the water purifier market by 2012, with an interim goal of attaining market leadership in the RO segment by 2010, while at the same time maintaining its brand position. This, no doubt, is a challenging aspiration for Whirlpool, given the well entrenched players in the market like Eureka Forbes, aggressive players like HUL who is focused on tapping the market at the â€Å"Bottom of the Pyramid† and a large unorganized market who would significantly benefit from the growth fuelled by these players. However, Whirlpool has to its advantage of its strong brand position in the hearts and minds of the home makers, and a strong, well established channel in the white goods market. The challenge for Whirlpool is to leverage its strengths, and perhaps work out completely innovative market strategies if it has to achieve its intent of becoming a  market lea der in the Water Purifier Market in general, and that in the RO segment. Annexure : A brief about Whirlpool Whirlpool, right from its inception in 1911 as first commercial manufacturer of motorized washers to the current market position of being worlds number one manufacturer and marketer of major home appliances, has always set industry milestones and benchmarks. The parent company is headquartered at Benton Harbor, Michigan, USA with a global presence in over 170 countries and manufacturing operation in 13 countries with 11 major brand names such as Whirlpool, KitchenAid, Roper, Estate, Bauknecht, Laden and Ignis. The company boasts of resources and capabilities beyond achievable feat of any other in the industry. Whirlpool initiated its international expansion in 1958 by entering Brazil. However, it emerged as truly global leader in the1980s. This encouraging trend brought the company to India in the late 1980s. It forayed into the market under a joint venture with TVS group and established the first Whirlpool manufacturing facility in Pondicherry. Soon Whirlpool acquired Kelvinator India Limited in 1995 and marked an entry into Indian refrigerator market as well. The same year also saw acquisition of major share in TVS joint venture and later in 1996, Kelvinator and TVS acquisitions were merged to create Indian home appliance leader of the future, Whirlpool India. This expanded the companys portfolio in the Indian subcontinent to washing machines, refrigerator, microwave ovens and air conditioners. Today, Whirlpool is the most recognized brand in home appliances in India and holds a market share of over 20%. The company owns three state-of-the-art manufacturing facilities at Faridabad, Pondicherry and Pune. Each of these manufacturing set-ups features an infrastructure that is witness of Whirlpools commitment to consumer interests and advanced  technology. In the year ending in March 09, the annual turnover of the company for its Indian enterprise was Rs.1,719 Crores. The companys brand and image speaks of its commitment to the homemaker from every aspect of its functioning. It has derived its functioning principles out of an undaunted partnership with the homemakers and thus a slogan of â€Å"You and whirlpool, the worlds best homemaker† dots its promotional campaigns. The products are engineered to suit the requirements of smart, confident and in-control homemaker who knows what she wants. The product range is designed in a way that it employs unique technology and offers consumer relevant solutions. Whirlpool Corporation : Vision and Mission Whirlpools pervasive vision, â€Å"Every Home, everywhere, with pride, passion and performance†, rests on the pillars of innovation, operational excellence, customer-centric approach and diversified talent. These are embedded within our business goals, strategy, processes and work culture. Be it our products that are the result of innovation and operational excellence to meet every need of our consumers or the people behind these products that come from a wide spectrum of backgrounds, everything we do features a distinct Whirlpool way. Core Competencies Innovation: Unique and compelling solutions valued by our customers and aligned to our brands create competitive advantage and differentiated shareholder value. Operational Excellence (OPEX): A methodology for solving problems continuous improvement of products processes through pursuit, acquisition, and utilization of knowledge using critical thought and planned experimentation helps us achieve operational excellence. Customer Excellence: Excelling the customer expectation from the company, its brands,  products and services are a three-step process. The three steps are: Know a customer, Be a customer, Serve a customer. Knowing a customer helps us know who our customers are, how to treat them, how we add value, and what the drivers of brand loyalty are. This information is gathered from the customers data base history. This way we are better able to customize products for them and recommend the right product to solve problems. Being a customer is important to share customer knowledge and insights, drive actions based on customer insights, be passionate about our brands and customer loyalty and provide a positive voice for our brands. We show empathy for customers and seek to resolve their problems by creating consistent customer touch-points, with our endeavour always being to provide unique solutions for the customer . Whirlpool Corporations Transformation Agenda Whirlpool is transforming into a completely customer-centred company where the customer lies in the core of every of our functions. This focus has arrived as direct consequence of our core IDEATE up of five elements: competency of customer excellence. It allows us to build Customer Loyalty. The transformation is made The elements of the transformation hold the promise of making Whirlpool a growing company and thereby increasing value for our shareholders. The five  elements are the basis for describing our strategy internally and guide the development of our plans and initiatives. Whirlpool has swiftly moved from being a World Class Manufacturer to a World Class Marketer using the brand-building framework. We are dedicated to creating unique branded solutions that build customer loyalty and achieve brand excellence.

Shared Talking Styles Essay Example for Free

Shared Talking Styles Essay Communications General Communications Use the ProQuest database to locate and read the article entitled, â€Å"Shared Talking Styles Herald New and Lasting Romance†. Then, visit the Language Style Matching website and, using sample written communication between you and another person, follow the directions on the website to retrieve your language style matching score. Write a two-page paper (excluding title and reference pages) about your thoughts on this article and your language style matching score. In your paper, be sure to address the following: Do you think the results provide by the Language Style Matching website are accurate? Why or why not? Do you believe that language style matching is a comprehensive way to predict the quality of interpersonal relationships? Find a bank that offers free savings and checking accounts. Look around and go with an establishment that works often with students and doesnt charge you extra for a bunch of little things. Ask questions and find out if you can bank online so that you can manage your money when it is convenient for you.

Reflecting On Swot Analysis Two Student Nurse Interviews Nursing Essay

Reflecting On Swot Analysis Two Student Nurse Interviews Nursing Essay you know you have got to lift the bar a little, because you are no longer a carer or a nursing assistant, your actual on your way up to being a nurse, obviously you have got to set an exampleà ¢Ã¢â€š ¬Ã‚ ¦ (from student F.) Incident: I was struck by Fs reflection on her own change in identity and awareness of internal drive to meet a standard. She was obviously struggling with this change process and aware of feeling vulnerable. I was surprised by her sharing this with me as she was a first year student nurse and this is a level of maturity in self awareness and reflection I might expect from a more senior student nurse or even from a newly qualified staff nurse. F. had spoken at the start of interview about trying to find her feet and perhaps feeling sensitive about things. I responded with active listening through the rest of the interview and with an effective summary question/ statement towards the end that allowed F. to talk about moving on to her next placement. F. was voicing the possibility of having a different outlook towards a new experience; almost as if she was recognising the beginnings of long process of change in becoming a professional nurse. Reflective observation: In my SWOT analysis of both interviews I conducted, I saw this as the obvious opportunity for a learning moment, both for F. herself and also for myself as an aspiring future mentor. My thought during the interview was that this was a precious moment for F in becoming a nurse; and did wonder how I should respond to her verbalisation of her thoughts and feelings. When I constructed the analysis this part stood out for me again as being a chance for myself to learn, perhaps how to become more effective as a mentor. My thoughts were how to cherish and help this kind of reflection in students in the future. I also wondered how rare these kind of conversations happened during nursing training. F. reflections that she shared with me, reminded me of my own training and how some staff nurses and charge nurses had stood out for me in the process of myself acquiring the identity as a nurse. There was a protective element here in that I wondered how F.s current reflective state could be nurtured and developed in her future placements. I wondered if she was aware herself of this change process and whether she would voice this in future with her mentors and tutors. It might be possible for F. and similar students to ignore and keep quiet about vulnerabilities and internalise this change process. If mentors were open to listening and gently questioning about becoming a nurse then this might facilitate growth and awareness of the nursing identity. I considered how it might be difficult to record this type of reflection in the CAP booklet, even though the booklet explicitly encourages the use of reflection. A mentor would have to develop excellent reflective skills in order to facilitate these skills in students, and perhaps become sensitive to these opportunities for reflection arising early in the programme of nursing education. A possibility for mentors would be to use the mid and end placement meetings with students. So that as well as assessing competencies and professional role development; there could be a place to gently discuss and reflect on identity as a nurse. As well as this it might be possible for students to keep a reflective diary during placement and regularly meet with the mentor to discuss issues as they arose. There might be some reluctance for both mentor and student to explore these areas as this is very much about personal identity and occurs during a period of learning and developing in many different aspects as a nurse. Reflection might well be different for a very experienced and skilled staff nurse who is confident in their own capabilities and skills. Related Theory: Some elements of theory relating to developing as a reflective practitioner within modern nursing will be analysed in the following section. The path to becoming a nurse, can involve sharing feelings and asking for support and finding ways to handle emotions (Jarvis and Gibson, 2001). There can be an inherent vulnerability during the process of socialisation where the values and attitudes, that allow the nurse to function in his or her role within the health care system, are in a state of flux and change (Morton-Cooper and Palmer, 2000). The mentor ideally should create a warm, genuine supportive relationship based on trust and sound interpersonal skills (Jarvis and Gibson, 2001). This must be fundamental to facilitating reflection upon personal and professional identity as a nurse. Gardiner (2003) introduces the idea of professional friendship to the role of being a mentor where listening, giving of recognition and challenging are added to the friend type relationship. Some barriers to facilitating reflection on attitudes and self awareness can lie in the multi faceted role of the mentor. The mentor role is flexible and may have to cover a number of parts and elements; some of which may be contradictory. Two possibly opposing roles are informal teacher and guide and also assessor of professional competence especially with a student that is struggling or failing. So it may be difficult to add to this list that of confidant and counsellor in the broadest sense (Jarvis and Gibson, 2001). The traditional concept of being professional could hinder openness for student nurses. There is a traditional view of keeping a professional distance and restraint in health care which may not encourage the expression of feelings and vulnerabilities for student nurses. However, Morton-Cooper and Palmer (2000) argue there is some growing evidence of the importance of developing emotional work as a critical element to caring, where this is described as emotional literacy, or perhaps in plain English terms as being able to express feelings appropriately, safely and effectively. Jarvis and Gibson (2001) discuss the teacher- learner relationship as being hierarchical and the teacher having authority versus creating an inclusive, informal teaching relationship that encourages open reflection and critical thinking. There may be some difficulty for the student to reflect and be vulnerable and open about their changing identity where there is a strict authoritarian relationship (Jarvis and Gibson, 2001). However, the nurse can develop authority based on professionalism and skills and knowledge that is legitimised by colleagues and students. This also relates to the element of mentorship in being a positive role model for student nurse (Jarvis and Gibson, 2001). Morton-Cooper and Palmer (2000) state the idea of the adult learner who directs their own learning and is in a process of becoming rather than being shaped into a role. There are some ways to facilitate reflective practice and awareness. Donovan (2007) suggests using a formal reflective tool and a diary can be useful. Reflective discussion with peers and mentors also can be helpful. Trust is an important element in making reflection effective in clinical placement. Levett-Jones (2007) suggests the idea of using narratives in self assessment. Case study or narratives may be more suitable to exploring practice, assessing competencies and skills. However, this could be a starting point in developing reflective skills and a language of emotional literacy. The value of narrative could lie in allowing direction by the mentor for the beginning nurse while being flexible during nursing education. There is also the value of providing a personal and persistent record for assessment and evaluation (Levett-Jones, 2007). Some of difficulties have been examined that there may arise in developing as a reflective practitioner and how a mentor may help. There has been a short consideration of some of the possible tools such as diaries and narratives which may help in the learning process. Future Action: To be a more effective mentor, I would consider using a formal reflective tool such as Marks-Maran and Rose (1997) while mentoring students. This will be familiar to student nurses as it is used in the University of Dundee and in NHS Fife. I would try and use it more explicitly during planned learning programmes. Further I would consider some strategies to encourage reflective discussion amongst students. Some ideas might be planned case studies involving one or more students. A structured and open discussion with a student about attitudes and professional roles may be useful at mid and end placement, although I would be tempted to arrange this after assessment and filling in competencies in the CAP booklet. I t would probably be ideal to have this at separate time as students appear to be anxious about completing their booklets. Lastly, I may trial the use of narrative and or diaries to help with assessment of learning to see if this can promote reflection by students I will be working with.

Alcohol Research Essay -- Alcohol Dependence, Abstinence

Alcoholism is a prominent substance abuse issue in Western society. The treatment method of controlled drinking as opposed to abstinence is a continuing cause of controversy in alcohol research to this day. The US is different from Europe in its acceptance of controlled drinking as a goal of treatment: â€Å"in the US alcohol dependence is typically depicted as a ‘recurring disease’ and the ‘successful abstainer’ as a ‘recovering’ though never ‘recovered’ alcoholic† (Coldwell, 2005). Depending on the alcohol abuse patient’s individual characteristics, either controlled drinking or abstinence is chosen as a treatment. Alcohol treatment in Canada, however seems to incorporate both mechanisms as shown in the study by Rush and Ogborne (1986).The study states that goals for one third of clients who were non abstinent were accepted depending on whether it was a residential or community-based outpatient service. Other effective methods in treating alcoholism are pharmacotherapy, behavioral method and self help manuals. This paper will discuss different therapeutic interventions while highlighting the controversy between controlled drinking and abstinence. Alcohol abuse is growing rapidly throughout U.S. society. One in every twelve adults is being diagnosed with alcohol abuse (Barlow and Durand, 2006). All that are diagnosed with alcohol abuse must meet one or more of the following criteria within a twelve month period: he/ she must fail to accomplish major work, school or home responsibilities; he/ she is careless to where his/ her drinking is taking place, even if it’s in dangerous situations such as driving or while operating machinery; he/ she must have recurring alcohol-related legal problems, such as getting arrested for driving... ...more liberal approach values choice and personal freedoms rather than religious restrictions. Therefore, controlled drinking is a more suitable treatment method for the European way of life. In terms of gender, abstinence is more recommended for women than for men. Here again we see a difference between the US and the UK – only in the US was abstinence seen as a more ideal goal for women than for men, â€Å"only among low severity drinkers† (Milles, 2004). To conclude, the National Epidemiologic Survey on Alcohol and Related Conditions in 2001 – 2002 found controlled drinking and abstinence to be fairly equal in application. â€Å"Among the 43,000 alcoholics surveyed, nearly 36 percent were in recovery – 18.2 percent were abstainers and 17.7 percent were moderate drinkers† (Wanjek, 2007). The controversy however, remains within each individual’s road to recovery.

The Effects of Education on Fiscal Responsibility Essay -- Financial M

The world is recovering from financial crisis that started in 2007. The cause of the crisis was failure of American Mortgage Company. The effect has spread all over the world; however the world seems to be recovering. This is not the first time that the world has suffered such a crisis. There was the great depression of 1920s. The point that is in people’s mind; economists, politicians, and social scientist is how they can prevent the occurrence of such a crisis in future. Among the many recommendation brought out, there is the role that education can play. Our education system can be moulded to educate students and society in general on how they can prevent such an occurrence in the future. Secondary school life is the initial stage that a child moulding can start. It ensures that there is a base of a human being that can be shaped to influence the life of the child in future (Alloy & Ahrens, 2008). This paper will focus on how education can be used to combat future occurrenc e of such crisis. Development and enforcement of a money management principles The principle that human beings have are moulded by early life development. At high school a child is given some money to manage and spend. This is the period that they are given pocket money to spend at school and are allowed to make individual decisions toward things that affect their lives. In schools children should be taught on how to manage the finances they have, they should be trained on how to make decisions which have an impact on the finances they have. The little money they are given by their parents should be the one to start molding their behavior towards good financial management and making priorities. One of the most important things that people should aim at is t... ...simism for the future: Biased use of statistically relevant information in predictions for self versus others. Journal of Personality and Social Psychology, 52(2), 366-378. doi:10.1037/0022-3514.52.2.366 Ambachtshee, K., Beartty, D. and Booth, L. (2008). The financial crisis and rescue. What went wrong? Why? What lesson can be learnt? Toronto: university of Toronto Melzert, H. (1995). Review of "Curriculum-adjustment in the Secondary School". Journal of Educational Psychology, 16(9), 638. doi:10.1037/h0068007. Morris, P. (1997). School knowledge, the state and the market: an analysis of the Hong Kong secondary school curriculum. Journal of Curriculum Studies, 29(3), 329-350. doi:10.1080/002202797184071. Park ,R. cona, K. and Fingess, M. (2008). The crisis of global environment governance: towards a new political economy of sustainability. New York: Prentice Hall

Weather Forecasting :: essays research papers

Weather Forecasting In researching this project I was amazed to find the many books on this topic. After going through much information and reading an enormous amount of writing on weather forecasting I can only come to one conclusion that when all is considered the best forecasters can only give an educated guess of what is in store for weather. Through the many means at their disposal, such as satellites, ships at the ocean, infrared, radio, and radar transmissions even with all of these techniques no prediction is 100% accurate. One question that I asked myself was "when was the first weather forecasting ever done?", I found out that in 1863 in Britain there was a united forecasting system headed by Captain Robert Fitzroy. Captain Fitzroy would send ships around Britain to warn people of storms and such. However, he was often wrong and criticized and therefor committed suicide. Since then there have been many other services, but the largest one currently is the National Weather Service. The National Weather Service gives predictions for all of the world through satellite imagery for all countries. Also in recent history many local television and radio stations have made private forecasts for small areas. Meteorologists are people who interpret the weather, the reason I don't say predict the weather is because even though all forecasters have the same information and data at their fingertips, the way that they interpret what is in front of them can be different. Meteorologists receive information from various sources, but their interpretation of the data determines the accuracy of their prediction. Someone might ask, "If forecasters have so much information on a particular area; how could they predict a flawed forecast ?" The answer to that question lies in the fact that any one of a number of weather conditions may ruin a forecast. A fast cold or hot front moving in, an unexpected flow from the ocean or a cold wind may change the whole days forecast. There are many different materials and devices used by local and government services to predict the weather. Some of these devices are, Radar which is actually sound waves, which bounce off clouds and give location of storms this way. Another such device is actually a variation of radar called "Doppler Radar" actually can give the exact location of a storm within a kilometer. However, Doppler Radar is not used so much for everyday forecasting, but for tornadoes and very large storms. The way Doppler Radar works is almost the same as regular radar with one advantage, it also can measure the speed of an object or storm, which makes its prime usage tornado watching.

Cash Management and Short Term Financing

Running head: CASH MANAGEMENT AND SHORT-TERM FINANCING Cash Management and Short-term Financing University of Phoenix Cash Management and Short-term Financing Structured cash management and efficient short-term financing are both beneficial and important for a company to remain competitive in the market; this will help increase potential profit and shareholder value with the rising stock. Cash management is a tool for the company can use to manage idle funds (cash balances) that are not generating revenue giving the company the ability to use the freed cash to build sources for short-term financing through interest building securities. Cash management techniques include marketable securities, international cash management, collection/disbursement float, and Electronic Funds Transfer. Short-term financing give the company the ability to secure cash needed for production enabling the company to maximize profitability. Short-term financing methods include inventory financing, commercial paper, trade credit, bank loans, receivables financing, foreign borrowing. Cash management Techniques Float is the difference between the recorded available cash and the amount that has been credited by the bank, this results in a time delay when dealing with banking system and the mail service and clearing checks. A company will use the float to minimize collection times and increase disbursement dates to give them more time with the cash on hand to use in interest building securities. Electronic Funds Transfer is quickly replacing the out-dated check system, with the EFT system the ease of electronically deposited funds; this reduces the lag or down time traditionally associated with the manual check. This system increases the efficiency of the banking system and decreases float times for the company. International cash management allows the company to deposit money in countries with a high interest rate returns. This allows the company to invest in high return loans in a source of generating additional revenue. Marketable securities turn non-generating cash into interest generating revenue through CD’S, treasury notes, treasury bills, savings deposits, Eurodollar deposits and commercial paper. The techniques used in cash management are used to reduce or eliminate unwanted cash balances that do not generate revenue and turn them into interest earning securities. Collections control and management is vital in eliminating unwanted cash balances, the entire purpose is for the company to retain the highest rate of cash solvency to maximize profitability. Companies have reduced the use of â€Å"float† methods with the increase of EFT’s, time is not an issue with the EFT, and this transition takes place immediately. However, both float and Electronic Funds Transfer can be used in collections to maximize return. International cash management allows the company to reach for the highest interest rate of return not found in the United States, the use of this technique is more challenging; the ability to manage funds through different geographical locations and time zones can be extensive. The International cash is always susceptible to currency fluctuations, interest rate changes that could end in a lesser value than originally deposited. The International cash management runs at a high risk for the company but also has the potential for the largest gain. Marketable securities are a good technique for cash management but run the risk of company loss with increasing interest rates. Trade credit occurs when a seller or manufacturer of goods extends credit to the company in the form of accounts payable. Bank loans can be used to provide the necessary cash to implement expansion or new product development. Commercial paper is a certificate issued to the investor, by the company; this constitutes a debt that will be repaid. Foreign borrowing lets a company seek outside the normal parameter to obtain loans at a lower rate. Inventory and receivables financing let the company try to get based on their current asset value. Between all the financing options Trade credit constitutes approximately 40% of all short term credit to companies with trade credit a company can take advantage of discounts when the payments are made in a timely fashion, this give the company flexibility in deciding on how long to carry their credit debt. Both bank loans and trade credit are short-term provide immediate funds of financing. However, bank loans are at risk of requiring a higher compensating balance, which lowers the amount of actual money lent to the company. Commercial paper methods of financing have the advantage of being issued below the prime interest rate that banks charge. Commercial paper does not have the challenge of compensating balance requirements but the paper can be lost, stolen, misplaced, or damaged. The commercial paper process has mostly been replaced by a computerized version. Foreign borrowing, like the other techniques, is also short-term but runs the risk of foreign currency inflation or fluctuations. The use of receivables and inventory as collateral in financing is also short-term. Receivable has the advantage when the asset level inflates, as the value increase the amount of money increase that the company can borrow against. The uses of short-term financing or cash management both maintain the goal of ensure sufficient funds the company will need to maximize profitability. Cash management utilizes control over the receipt and payment of cash as to minimize non-earning cash balances and to capitalize the freed up cash in interest earning modes.

Business Information Systems Essay

1. What is a conclusion? When does a person give to make a conclusion? A decision is a conclusion or resolution cooking stoveed after a thought out go downting of variables in a puzzle. When much than ace and only(a) possible action is involved in solving a problem, a decision moldiness be do. 2. Calculating a complex trajectory of a spaceship to Mars is a merged problem, whereas name the ca subroutine up of goods and services of a rash on a persons strip is often unregulated. How so? A structured problem is one in which an best solution bum be r only(prenominal)ed done a single set of steps. Since the one set of steps is cognize, and since the steps must be followed in a known sequence, solving a structured problem with the identical data always fork ups the same solution. This sequence of steps is known as an algorithm. An unstructured problem is one for which thither is no algorithm to follow to reach an optimal solution either beca practice session thith er is non enough discipline comfortably-nigh the factors that exponent affect the solution or because there be so umteen emf factors that no algorithm dissolve be formulated to guarantee a unique optimal solution. Unstructuredness is closely cogitate to uncertainty.3. DSSs use mystifys to unconscious handle data. pardon what a model is. generate an example that is non mentioned in the chapter. A sequence of planets or a pattern of behavior might become a useful model when the relationships among its gossips, outputs, and conditions can be established well enough that they can be utilize to go assorted parameters. Models ar use to predict output on the rear of polar input or different conditions or to estimate what combination of conditions and input might lead to a sought after output. Models argon often based on mathematical research or on do it. A model might be a widely apply system to predict performance, such as best- moderate linear abstract, or i t might be built by the organization, using the experience that employees in the firm entertain store oer snip. 4. many DSSs be non stand- alone any much, further are engraft in opposite ISs. What are those ISs? Many DSSs are now closely intertwined with other organizational systems, including data warehouses, data marts, and ERP systems, from which they leader relevant data. 5. What is a sensitivity rivulet?A sensitivity analytic thinking is conducted to render the degree to which the total profit grows or shrinks if one or more of the factors is increase or decreased. It is often referred to as what- if analysis.6. The airway and hospitality industries use DSSs for yield centering. What is yield management, and what is the output of a yield management DSS? The designing of yield management DSSs is to see to it the proper pricing to maximize the overall revenue from selling seats for each flight. The vector sum is often price discrimination.7. What is the purpose of an expert system? How can it execute as a competitive quill? The purpose of ESs is to replicate the unstructured and undocumented knowledge of the few (the experts), and put it at the disposal of the many other lot who need the knowledge, often novices or professionals in the same domain solely with distant less expertise. It can serve as a competitive tool by the using of a knowledge base, which is a collection of facts and the relationships among them. An ES does not use a model module but an inference engine. The inference engine is bundle that combines data that is input by the drug substance abuser with the data relationships stored in the knowledge base. The impart is a diagnosis or insinuation for the best course of action. In or so ESs, the knowledge base is built as a series of IF- THEN rules. 8. Explain how expert systems can distribute expertise.By coupling quantitative data from a database with decision models. An expert system (ES) is sure to emulate the knowledge of an expert to elaborate problems and make decisions in a relatively narrow domain. 9. How could an ES be utilise to detect probable fraud connected by a bank employee? agate line diligences have increasingly combined aflutter nets and ES technologies in software that monitors headache processes and supply chain management. Neural nets have been very effective in detecting fraud of many fibers.10. What is the prefer of feature ES and neural net technologies? ES researchers continue to look for ways to amend capture knowledge and represent it. They hear the results of such efforts in highly unstructured problem- solving domains. Rather than containing a set of IF- THEN rules, more sophisticated ESs use neural earningss (neural nets), programs that are designed to copy the way a human adept learns. An ES is constructed with a set of rules, but as data on real victoryes and failures of decisions is accumulated and fed into the system, the neural ne iirk ref ines the rules to accomplish a higher success rate. 11. What is a GIS? What purpose does it serve?GISs process location data and provide output. For instance, a GIS could be used to help a housing developer determine where to invest by tracking and displaying population changes on a map, highlighting in color increases of more than 10 percent over the ultimo three years. 12. Name the three major(ip) elements that are combined to make up a GIS. A typical GIS consists of (1) a database of quantitative and qualitative data from which nurture is extracted for display, (2) a database of maps, and (3) a program that displays the information on the maps. Chapter 111. What is business intelligence activity? task intelligence (BI) mainly refers to computer-based techniques used in identifying, extracting, and analyzing business data, such as sales revenue by products and/or departments, or by associated costs and incomes. 2. What is OLAP, and why is it often associated with visual cubes? OLAP is an approach to fleetly answer multi-dimensional analytical (MDA) queries. It is another type of application used to exploit data warehouses. Although OLAP might not be as sophisticated in terms of the analysis conducted, it has extremely degenerate repartee time and enables executives to make timely decisions. Each spatial relation of the cube provides another cardinal dimensions of relevant information.3. What is the advantage of using a dimensional database earlier than on- the- fly processing in OLAP? Tables, even if joining data from some(prenominal) sources, limit the re cerebration of information. Often, executives need to view information in multiple combinations of two dimensions. 4. wherefore is online analytical processing normally conducted on warehoused data or dimensional databases rather than on data in transactional databases? To speed up response and take up that data and organize the information in dimensional databases for OLAP. 5. What is drillin g down?A process by which one starts with a table that shows broad information and in turn retrieves tables of more specific information. Chapter 121. Why is IT remoteizening so important?* Creating a corporate and IT mission statement. * Articulating the vision for IT at heart the organization. * Creating IT strategic and tactical plans. * Creating a plan for operations to achieve the mission and vision. * Creating a budget to ensure that resources are open to achieve the mission and vision 2. As part of their IT planning, many organizations decide to standardize. What does calibration mean in this context, and what are its potential makes? One major goal and advantage of planning is standardization. When management decides to adopt a certain IT resource for all its units, heedless of function or location, it standardizes its IT. Benefits would be * cost saving * businesslike training * Efficient support3. Why is traditional systems schooling referred to as a pass ? What determines the cycles end? Because it consists of several lucid phases that are followed methodically, and the developers complete the phases sequentially. The SDLC approach assumes that the living of an IS starts with a need, followed by an assessment of the functions that a system must have to run across that need, and ends when the benefits of the system no desireer surpass its maintenance costs, or when the net benefit of a new system would devolve the net benefits of the current system. 4. Systems developers often use the term application development rather than systems development. Why? It involves fast development of an application based on initial user requirements and several cycles of user input and developer improvements.5. What are the benefits of using data flow diagrams? Who benefits from DFDs? The use of only four symbols and the simplicity of DFDs are their great advantage. Those who benefit are extraneous entities include individuals and groups of peo ple who are external to the system, such as customers, employees, other departments in the organization, or other organizations. 6. SDLC is usually recommended for development an IS that will be interfaced to other ISs. Give two examples of an IS that is interfaced with at least two other ISs. The better known methods are Extreme Programming (XP), Adaptive software package Development (ASD), Lean Development (LD), thinking(prenominal) Unified Process (RUP), Feature goaded Development (FDD), Dynamic Systems Development manner (DSDM), Scrum, and Crystal.7. Recall the discussion of IT professionals in Chapter 1, Business Information Systems An Overview. Of the following professionals, who does the majority of the systems locution job the CIO, systems analyst, database administrator (DBA), or computer software engineer? Why? Systems analyst, because it takes a specialist to analyze and determine the type of program made to improve the system. 8. What are the advantages of restle ss methods over waterfall development methods, such as the traditional SDLC? What are the risks? The differences among the methods are exterior the scope of this discussion. However, the major advantage of all agile methods is that they result in fast development of applications so that users can have them within weeks rather than months or years. Users do not have to wait long for system modifications, whether they are required because of programmer errors or because users have second thoughts slightly some features.However, the benefits of agile methods do not come without risks. First, the analysis phase is nominal or is some quantify eliminated completely. Reducing or skipping a thorough formal analysis increases the risk of incompatibilities and other unforeseen mishaps. Also, the develop-ers employ most of their time to construction and forgetful time to documentation, so modification at a later date can be extremely time consuming, if not impossible. Because of the inher ent risks, there are times when agile methods are appropriate and others when they are not.9. Why are agile methods so helpful when users cannot define system requirements? supple methods encourage users involvement throughout the process and encourage developers to change requirements in response to user input if needed. The purpose of agile methods is not to conform to a inactive contract with the users but to ensure that the users accept an application with which they are happy. Critics of agile programing in general and XP in busy argue that the relaxed approach to planning as well as ceding decision making and accountability to clients (users) might result in disasters, especially if such methods are applied to large, complex projects.10. An increasing spot of IS professionals prefer to call the end users of their creations customers, even if the developers and users are employees of the same organization. Why? The customers of software development, the users, are not an adverse company and should not be negotiated with but regarded as codevelopers and co- owners of the software. 11. What is systems integration?The process of linking together different computing systems and software applications physically or functionally, to act as a arrange whole. 12. Why is systems integration more mixed when the systems involve the wind vane than when they do not? Systems integration is often much more complicated than systems development, because it requires the IT professionals to make different applications spread abroad with each other seamlessly. The complexity is compute when integrating ISs of several organizations that must wrick together over the Web. 13. The emergence of the Web as a vehicle for business increased the need for systems integration. How so? The network allows for remote access and because more legacy databases are integrated into new endeavour applications it makes for a smooth transition of data traffic.

Law of Tort

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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