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.