Wednesday, July 31, 2019

Review for psychology pavlovs theory Essay

IDENTIFYING THE COMPONENTS OF A CLASSICALLY CONDITIONED RESPONSE: For each of the following identify the UCS, UCR, CS and CR. 1.Alexander is four years old. One night his parents decided to light a fire in the family room fireplace. A burning ember jumped out of the fireplace and landed on Alexander’s leg, creating a nasty burn. He cried because the burn hurt. A week later, when Alexander’s parents start to light another fire in the fireplace, Alexander begins to cry. (UCS: burn; UCR: crying; CS: fire in the fireplace; CR: crying) 2.Emily is driving to work during a heavy snowstorm when the brake lights on the car ahead of her come on. She hits her brakes but is unable to avoid hitting the car. She is badly shaken up in the accident. The next time she is driving in the snow she notices that she tenses up every time she sees brake lights come on ahead of her. (UCS: accident; UCR: shaken up; CS: driving in the snow; CR: tensing up) 3.Bill’s mom followed the same routine before serving dinner–she would put ice in the glasses and then call â€Å"come and get it, dinner’s ready†. Immediately upon hearing those words, Bill would quickly run down the stairs. After awhile, Bill would come running down the stairs when he heard the ice hitting the glasses. (UCS: mom calling â€Å"come and get it, dinner’s ready†; UCR: running down the stairs; CS: ice hitting the glasses; CR: running down the stairs) 4.Gary is the client relations officer at his firm. The phone in his office has â€Å"caller id† so that the client can be identified before he answers the phone. After receiving a call with a rude client, Gary would be very annoyed and agitated. He began to notice that the rude calls tended to come from clients that were identified by a â€Å"1-800† number on the caller id. Therefore, whenever a â€Å"1-800† number appeared, he would become annoyed. (UCS: call from a rude client; UCR: annoyance and agitation; CS: â€Å"1-800† number on the caller ID; CR: annoyance) 5.When Ann was a college freshman, she was assigned to live in a very old dormitory. The old plumbing system produced a problem when one person was taking a shower and one person need to flush the toilet–shortly after a person flushed the toilet, all of the cold water left the shower leaving only the hot water. The first time this happened, Ann was scalded by the hot water. She yelped and jumped back. The next day, as soon as she heard the toilet  flush she jumped back. (UCS: hot water on body; UCR: jumping back; CS: toilet flushing; CR: jumping back) IDENTIFYING OUTCOMES IN OPERANT CONDITIONING: Indicate whether each situation involves positive punishment, negative punishment, positive reinforcement or negative reinforcement. 1.Fred gets a speeding ticket. (positive punishment) NOTE: This example can be used to demonstrate one of the limitations of punishment–suppressing behavior but not eliminating it. Students will usually indicate that getting a speeding ticket leads some people to buy a radar detector! 2.Emily’s professor compliments her writing ability. (positive reinforcement) 3.Zachary is expelled from school for cheating on an exam. (negative punishment) NOTE: This example can be used to demonstrate that one person’s punishment is another person’s reinforcement. Expulsion from school is intended to be negative punishment–removing the privilege of attending school, presumably a pleasant stimulus. However, students could view it as negative reinforcement–removing the annoying constraint of being forced to attend school, known (at least to some students) to be an unpleasant stimulus! 4.Leon goes to the health club for a rare workout and pushes himself so hard that his entire body aches and he throws up. (positive punishment) 5.Linda buys her daughter a candy bar so that she will not be embarrassed by her daughter’s temper tantrum. (negative reinforcement for Linda, positive reinforcement for the daughter) NOTE: This example can be used to demonstrate that parents can unintentionally reinforce a child’s behavior–a nice warning for the students in class who may some day be parents. 6.George shoots up heroin to ward off the symptoms associated with heroin withdrawal. (negative reinforcement) NOTE: Some students will misidentify this as an example of positive reinforcement. They will indicate that shooting up heroin is pleasurable and presentation of a pleasant stimulus is the definition of positive reinforcement. Tell students that a situation can be viewed as either positive or negative reinforcement depending on how it is viewed. Shooting up heroin could be considered positive reinforcement if it is viewed from the perspective of producing a pleasurable â€Å"high† feeling.  However, if it is viewed from the perspective of avoiding the aversive stimulus of withdrawal symptoms then it is an example of avoidance conditioning–a type of negative reinforcement. 7.Edna constantly complains about her husband to colleagues at work. Her co-workers get tired of her and no longer provide her with sympathy. (negative punishment) TYPES OF FORGETTING: For each of the following indicate which type of forgetting is responsible for each situation: Alexander is having trouble using his new computer program because he keeps entering commands from the program he used to use. (proactive interference) Carolyn is in a serious boating accident. Afterwards, she cannot remember her name or where she lives. (retrograde amnesia) Although Scott used to drive a stick shift car, he can not remember much about how to shift gears manually since lately he has been driving an automatic car. (retroactive interference) Jerry is unable to remember the name of a restaurant when his friend, George, comes by and says, â€Å"I feel like I have died and gone to heaven because Joan has finally agreed to go out with me†. Suddenly, Jerry remembers the name of the restaurant–Taco Heaven. (lack of an appropriate retrieval cue) Robert was the passenger in a car involved in a head-on collision. He has been unable to remember anythi ng that has happened since the day of the accident. (anterograde amnesia)

Tuesday, July 30, 2019

Predatory Lending and Monthly Payment

This module described various predatory practices by businesses. Using scholarly resources, describe some specific examples of predatory practices. With housing bubble bursting a few years ago, many say that the current economic problems the United States is currently experiencing can be directly attributed to the housing crisis. Depending on whom you ask the housing crisis can be blamed on people biting off more than they can chew, or predatory lending practices by banks and mortgage companies.This is not a one sized solution fits all answer, both actions contributed to the housing troubles we as a country are currently experiencing. The housing crisis can be summarized as the over evaluation of house values in the late 90’s and early 2000’s,and shortly there after peoples mortgage debt became larger than the decreasing value of their home come 2006. Sub-prime loans can also be blamed; I will further discuss predatory lending techniques. One type of predatory lending p ractice that mortgage companies will use is to emphasize the payment.When this happens the lender focuses on a numerical monthly payment that you are able to afford. The down side to this car salesmen like approach, is that the details of the monthly payment can be skewed to hurt you down the road in the future while appearing like a good deal in the near future. Another predatory practice is called ballooned loans. This type of lending gives the borrower a small monthly payment only covering interest. The last payment covers the principal, normally representing a large borrowed figure. You will have to make one large balloon payment in order to retire the principal of the loan. Most of the time, no one prepares for this payment and basis foreclosure on their home(1). Should the debtor or borrower bear some responsibility, at least in some instances? Explain why or why not? Tactics like this leave the borrower at a marked disadvantage, but who should shoulder the burden of responsib ility in circumstances like these. I am of the opinion that fault lies in both, the lender and borrower. The lender bears the burden of following the law and regulations set forth, however as e’ve discussed this week laws are there as a guideline and they don’t cover every ethical decision making situation. Lenders are in competition with other lenders to get and keep peoples business, therefore they are apt to try and find a way to seek an advantage over another lender. They may do this by turning to predatory practice hoping to unknowingly take advantage of borrowers. On the other side of the argument, the borrower bears the burden of understand and reading the written contract agreement and terms of the contract.If a borrower is to just sign a contract without reading or having a professional go over the details then they ultimately reap what they sew. Language in these contracts do not exactly benefit the average person, the average person most likely wouldnâ€℠¢t be able to determine whether or not predatory practices are taking place. Ultimately, the only defense for a person with an average ability to read and understand complex contract verbiage are the regulations set forth to limit the practices the lenders may use.

Monday, July 29, 2019

John Woo as a film auteur Essay Example | Topics and Well Written Essays - 1250 words

John Woo as a film auteur - Essay Example In addition to that, John Woo is a very popular and fashionable film director. His actions films are working and bringing money. John Woo is a global iconic figure who has mastered the art of choreographing action sequences, Mexican standoffs and the use of slow motion technology. He used also these techniques in the course of creating his films what helped this person to create a highly alluring cinema that kept audience glued to the screen till the very last second of the film. His main achievement is his ability to incorporate his own unique style. John Woo simply controlled all stages of film production what enabled him to give his films a personal and a distinctive touch. John Woo is known for his constant effort aimed at resurfacing Hong Kong cinema of the 1980’s and 1990’s. The choice of this approach helped John Woo to acquire status of a cult director in Hollywood. Renowned American film theorist and film critic, David Bordwell, has reviewed a number of Wooâ₠¬â„¢s films. After reviewing John Woo’s films he gave the following evaluation to this person: â€Å"Personally, I do like the idea of giving Woo films a new rush of life, however, the man was, and still in many ways is (although it can be debated as to what extent) an auteur, in the truest sense of the word". (South Korean Remake Of John Woo’s A Better Tomorrow Meets Cold Response From Hong Kong Moviegoers) David claims that Woo uses a variety of skills in his films. The choice of this strategy makes John Woo the most remarkable and unique director in his area. David Bordwell also mentioned the fact that while watching Woo’s films in a theatre, you would be so engrossed that your focus would keep shifting from the background to what’s happening in the foreground as well as from left to right. Woo is well known for his habitual action sequences what gives his movie a highly fascinating yet a disciplined style. He is also known for re-inventing action seq uences. This measure helped to improve the quality of his films and to increase the number of people watching the movies of this film director. Regarding the issue of Woo’s technique, I can definitely say that Woo refined the techniques that his predecessors introduced to cinema during the initial stages of its development. The heightened standards of cinema, that he has set is still seen as a goal for modern films. After reviewing John Woo’s film, â€Å"A Better Tomorrow†, Stephen Teo, a filmmaker, critic and film historian, stated that, John Woo â€Å"reintroduced themes of brotherhood, honor and vengeance in the movie, making it boldly appealing for the audience to watch.† (South Korean Remake of John Woo’s A Better Tomorrow Meets Cold Response From Hong Kong Moviegoers) Further he stated that â€Å"Woo borrowed from the theatrical choreography seen in the Wuxia films of the 1960s and 1970s, by incorporating the same style into his shootout sce nes.† (John Woo and the Art of the Action Movie) While critics argue whether or not Woo’s participation in filmmaking should be placed under the Hong Kong new wave or if it falls under the Hong Kong studio system, one cannot deny the fact that Woo has made a big contribution into the development of modern cinema and has made an enormous impact on the manner in which filmmakers produce their films across the world. Hong Kong new wave was a brief period of experimentation for Hong Kong cinema. During this period filmmakers got a chance to

Sunday, July 28, 2019

Accounting for Management Decisions Research Paper

Accounting for Management Decisions - Research Paper Example In order to be highly competitive in the market, an organisation must be able to forecast future changes in customer needs and market trends. Organisations normally predict possible future market changes by assessing past and current market flows. For this purpose, an organisation deploys a number of business evaluation tools. Activity based costing, value chain analysis, and customer profitability are the three major frameworks that assist an organisation to evaluate its business flow. This paper conducts a detailed research to identify the core concepts, objectives, pros and cons, and applicability of each of these business evaluation methodologies. The paper includes an extensive literature review section and an analysis section. The major findings reflect that: †¢ Cost centre and cost driver are two core concepts of activity based costing †¢ Governance, innovation and upgradation, benchmarking, and product positioning are the key ideas of value chain analysis †¢ Cash flow, customer capital/equity, and customer as a real option constitute the core concepts of customer profitability †¢ The ABC approach greatly assists users to better identify their overheads with regard to activities and resources. †¢ The most advantageous feature value chain analysis is that this methodology assists its users to get a clear view of their core competencies The concept of customer profitability aids an organisation to identify its profitable customer groups and secure them from competitors. II. Introduction Today, organisations are widely using business evaluation tools like ABC, value chain analysis, and customer profitability analysis to evaluate their (organisations’) business feasibility and secure future profitability. Application of these tools assists firms to identify their pitfalls in supply chain activities, their potential strengths and weaknesses, and most profitable customer segments. Although all these three techniques are complex and time consuming, they are the best available tools to accurately evaluate a business concern. The ABC approach is mainly concerned with allocation of cost to various supply chain activities along with the firm’s resources whereas the value chain analysis explores activities that create value for the organisation and those do not create. The former method specifically focuses on profitability of each activity and process while the latter tries to define the organisation’s core competencies over its rivals. In contrast, the concept of customer profitability aids a firm to identify profits generated by its individual customers. All the three approaches are based on some core accounting and management concepts. The following sessions critically analyse these three business evaluation tools in detail. III. Literature review 1. Activity based costing Activity based costing (ABC) can be simply referred to a special costing approach that clearly identifies and defines activities in an organisation and allocates costs of each activity among all products and services based on actual consumption by each activity. According to the Consortium for Advanced Manufacturing-International (CAM-I), activity based costing is a costing model â€Å"that assigns cost activities based on their use of resources, and assigns costs to cost objects, such as products or custome rs, based on their use of activities† (Lewis, 1995, p.114). The ABC is a valuable accounting tool as it provides an organisation with more clear view of the product and process costs. This concept can be effectively employed to improve management decision making process and thereby promote the firm’

Saturday, July 27, 2019

The Case Against Tipping Essay Example | Topics and Well Written Essays - 500 words

The Case Against Tipping - Essay Example Although there are undeniably benefits and advantages of gratuity on server and patron alike, he dismisses that tipping puts the economy in an unfavorable baksheesh shape. In this point he is correct, taking into account that the government is losing an estimated $7 to $10 billion of earnings in tips that go unreported (Snyder). Moreover, there is the possibility that aside from cabs and restaurants, other sectors of the society will adapt this practice. Lewis suggests that reticence or silence on the matter may worsen the issue in the future. He concludes that standing up against the unwarranted custom may be advantageous. That the essence of gratuity has vanished in the modern times is most compelling. Now, waiters and waitresses believe that it is their right to be tipped (Shaw). Nowadays, tipping is expected even if the quality of service is not significantly worthy of an extra favor coming from the customer. Although Lewis also explicate that tipping is an aristocratic conceit, what really prompts a tip seems to be missing. It is very much logical that the workers are but rendering the service that they are already salaried to do.

Write an annotation entry consisting of a Citation, a brief Summary, Essay - 4

Write an annotation entry consisting of a Citation, a brief Summary, and a short paragraph Evaluation of the text below - Essay Example The text is useful because it presents opportunity and resolutions for the improvement of police and community relations. Moreover, different individuals representing various institutions can participate in the discussions. Zachary Norris, the executive director of Ella Baker Center for Human Rights, Ethel Long- Scott, director of women’s economic agenda project and Daniel Zapien, youth organizer, photographer and videographer at Silicon Valley De-Bug, have lengthy talks on the reasons for poverty, police and community relations. They make the text debatable since they have valid facts for discussion based mainly on poverty issues, and it is effects on police and the community. Nguyen argues that the text offers value of the importance of racial and economic justice. Besides, economic justice among various people in the community contributes to the alleviation of poverty and eventual improvement of police and the community. Therefore, support of economic power among the youth reduces idleness and rates of crime in the community. It has a positive effect on the community since police tend to execute their duties based on racial discrimination of criminals in the community. That is because youths supported economically reduce their criminal activities keeping away the police from them and the community. The text enhances understanding of the necessity to improve police and community relations. Besides, thoughtful ideas on poverty reduction promote understanding of the improvement of police and community relations. However, the text does not challenge existing condition of poverty as the main reason for the police and community disparities. In fact, poverty remains as the main reason for police great influence to the community since economic inequality. Selective justice is a notable reason for the rise in the levels of crime

Friday, July 26, 2019

Alcoholism and Its Effect on the Family Essay Example | Topics and Well Written Essays - 1000 words

Alcoholism and Its Effect on the Family - Essay Example The alcohol that is carried from the mother into the placenta reaches the baby inside the womb thereby introducing the mother to the risk of giving birth to a baby with "Fetal Alcohol Syndrome or FAS" (Parsons). According to Parsons, babies born with FAS have "deformities in the brain and skull" and are "physically shorter and underweight compared to normal babies." Apart from this, they have "difficulties in learning, attention span, judgment, memory, problem-solving" (Parsons), and usually exhibit behavior problems. These physical and behavioral limitations are carried over to adulthood leading to difficulties in relationship establishment and making these affected children socially impaired and incompetent to live a normal existence. In physically healthy children of alcoholics, "learning disorders, behavioral problems and emotional disturbance" (Burge & Schneider) are apparent. According to G. Berger, many of them have "low self-esteem" and carry feelings of "loneliness, guilt, helplessness, fears of abandonment and chronic depression" (qtd. in Parsons). These children's ability to read and learn slows down as alcoholic parents neglect their important role in the family. Moreover, as the home becomes a venue for conflict due to constant arguments about the issue of excessive drinking, the home becomes no longer conducive to study and learning. According to Ferguson, as performance in the school gets adversely affected, children experience problems academically and have "difficulty establishing relationships with teachers and classmates" (Parsons) thereby resulting to feelings of inadequacy and isolation. Other children manifest "behavioral problems [such as] lying, stealing, fighting, and truancy" (Parsons). This is mainly due to the "extremely unstable home environment" (Parsons) they live in. As children "can not predict the behaviour of the problem drinker" (Walker) in the family or know not what to expect from an alcoholic parent, they develop erratic behaviors and become unpredictable themselves (Parsons). On Marriage The attitude of the problem drinker negatively alters as the dependence on alcohol increases. According to Burge and Schneider, excessive alcohol use does not only lead to clinically significant physical impairment as the drinker's health deteriorates, it also leads to distress as the family gets exposed to common scenarios among alcoholic families such as car accidents due to intoxication or arrests for alcohol-related violations or misconducts (Burge & Schneider). These situations more often than not trigger arguments between spouses and other family members about the risk of intoxication that result to domestic tension. As the alcoholic individual fails to fulfill major obligations at work, relationship between spouses gets affected. For instance, "repeated absences or poor work performance related to alcohol use" (Burge & Schneider) leads to inefficiency and eventual job loss. Unemployment then leads to "financial difficulties" (Parsons) which is another formidable domestic issue that couples deal with on a regular basis. Liquor addiction also makes the alcoholic parent neglectful of children or household. Feelings of "hatred and self-pity" (Parsons) thrive as the nonalcoholic spouse feels

Thursday, July 25, 2019

Tourism strategy Essay Example | Topics and Well Written Essays - 3500 words

Tourism strategy - Essay Example Services offered include travel shops, tour operators, and charter airlines. To complement the company's brand strength, Thomas Cook also owns a whole host of other renowned tour operator brands and airlines, including Thomas Cook Reisen, Neckermann, JMC, Condor, and Thomas Cook Airlines." (SAP customer success story, p.2). Corporate social responsibility is the motto of Thomas Cook Group. They provide support to the responsible tourism programs of the Travel Foundation by minimising the negative impacts arising from intensive tourism and maximising the benefits from the tourism to the local community. Through positively influencing the native society of the tourism destination, they contribute to the development of the industry itself. "Thomas Cook's mission is to "perfect the personal leisure experience." "In keeping with the values of Victorian society, Thomas Cook believed that by offering alternative, more virtuous and educational leisure activities, the lives of working people would be greatly improved and that everyone could become better educated through travel." (Steps towards a sustainable future). In order to achieve the operating profit target of $ 620 million in the period of 2009/ 2010, Thomas Cook differentiates their focusing from the main stream tour operating to independent travel and financial services. "Thomas Cook said it would increase targeted online sales to 35% in 2009/10 as part of its strategy of increasing controlled distribution." (Fearis 2007). Brief synopsis of the sustainable tourism strategy of Thomas Cook: Sustainable tourism is also referred as responsible tourism. It is based on the development of positive attitude towards the community and the environment of the destination to which the tourism is focused. Careful utilisation of valuable local resources for the benefit of the community and the protection of local environment is part of sustainable tourism. In this concept the following points are involved. 1. Admiring the local culture and environment of the destination. 2. Giving adequate economic returns to the people in the local community by buying their products and utilising their services. 3. Considering the savings of water and other natural resources in the environment. To co-operate with the energy saving programs initiated by local government is the main consideration required. 4. Contribution to protect the endangered wild life species in the destination. 5. Safeguarding the natural and cultural heritage of the tourism destination while tourists are in visit. 6. Self enjoyment and at the same time being responsible for one's own actions. 7. Caring and enhancing the attraction of the favourite destination through brilliant actions for the future generations of visitors. Sustainable tourism strategy adopted by Thomas Cook: Thomas Cook adopted sustainable tourism strategy. By holding the concept of social responsibility, they started the first holiday package. The sustainable tourism strategy of Thomas Cook is divided into six sections and for each of the section, detailed insight is provided for fulfilling the targeted goals. Thomas Cook is showing commitment to their sustainable tourism strategies. For the fulfilment of their objective they ensure the support and help from their clients. For helping to boost the local economy, local purchasing is

Wednesday, July 24, 2019

Week 8 Student Blog Post Assignment Example | Topics and Well Written Essays - 250 words

Week 8 Student Blog Post - Assignment Example The Special Purpose Rooms contain locker rooms for temporary storage, Cinema Studies Lab et al. In addition, authorized persons can just go with their own reading material. The Knight library’s houses a collection of unique and irreplaceable materials and special collections, which range from government documents, prominent people personal papers to maps. This demands that the security of the building to be highly maintained thus indicating the state of power. Students, faculty and staff have access to the library. No one without authorization can enter the library. For verification, student and staff ids are used. Yes, I feel welcomed because being a student at the university of Oregon campus; I have full access to the Knight library and its resources. In addition, there are friendly staffs that are ready to assist in using any facility that one is not conversant with and in searching for specific reading

Tuesday, July 23, 2019

Health Care Spending in the US Essay Example | Topics and Well Written Essays - 750 words

Health Care Spending in the US - Essay Example In 2012, the government assigned $3 trillion to health care. This was an increase from 2011 spending of $2.8 trillion. Researchers have used this to project a 4% growth rate in the national spending on health in the subsequent years. The rate of growth of national health spending in 2011 was 3.9% as compared to 3.7% growth in 2010. As a percentage of the nation’s gross domestic product, health care spending indicated a fairly stable 17.9 index between 2009 and 2011 (Peden, 2012). Looking at the nation’s spending on health care in 2011 by service, hospital care took $850.6 billion which was a 4.3% growth rate, and this was a drop from 4.9% rate in 2010. The slow growth was attributed to both the drop in price and use of hospital service experienced that year. Allocation to physician and clinical service in 2011 amounted to $541.4 billion which was a 4.3% growth as compared to the 3.1% 2010 growth. This change may have emanated from the increase in the use of services in 2011 despite the slowed growth in prices experienced the same year. Private health insurance and Medicare spent more in 2011 than in the previous year. Other professional services received $73.2 billion in 2011 that was a 4.9% growth rate over the expenditure for the same the preceding year. The national government in 2011 assigned $108.4 billion to dental services indicating a 3.0% growth over the previous year’s 2.7% growth. The spending for other health, residential and personal care services in 2011 came to $133.1 billion reaching a 4.0% growth as compared to 4.5% growth in 2010. Nursing care facilities and continuing care retirement communities stood at $149.3 billion in 2011 indicating a 4.4% growth over the previous year’s 3.2% growth (Jonas et. al., 2013). Homecare health care spending was $74.3 billion in 2011 indicating a 4.5% growth lower than 2010’s 5.8% growth. This slow growth was as a result of a fall in Medicare and Medicaid spending that year. T he national government allocated $263.0 billion to prescription drugs in 2011which translated to a 2.9% growth over the previous year’s 0.4% growth. This increase was due to an increase in the price of prescription drugs and additional spending on the new brand of drugs (Barr, 2011). Medical equipment received $38.9 billion which was a 5.3% growth in 2011 relative to 5.8% growth in 2010. Non-durable medical products were assigned $47.0 billion in 2011 which maintained the 2010 4.0% growth rate. Major sources of finance for heal care spending have been consistent. In 2011, Medicaid gave $407.7 recording a 2.5% growth relative to 5.9% growth in 2010. Medicaid registered 3.2% enrollment in 2011 which was a drop from 2010’s 4.9% enrollment (Jonas et. al., 2013). There was a decrease in federal Medicaid to 7.1% in 2011 while the state Medicaid expenditures increased to 22.2% owing to the lapse of the aid accorded states by the federal government that year. The OOP (Out-of-p ocket) spending was $307.7 billion in 2011 indicating a 2.8% increase from 2010’s 2.1% growth. Medicare accounted for 21% of the nation’s total spending on health in 2011. That year, it contributed $554.3 billion an outstanding growth to 6.2% as compared to 4.3% growth in 2010. This increase in growth was as a result of the fast growth in expenditure on nursing facilities and physician services and an accompanying

Monday, July 22, 2019

Urbanization increases Essay Example for Free

Urbanization increases Essay Golf courses also use fertilizers and chemicals in watering and maintaining the area which also contribute to the contamination of water. According to 1FAOs estimate of changes of forest area cover in developing countries, the world’s forest area had significantly decreased during the period of 1980 to 1995 largely brought about by development and the demands of urbanization. The developing countries have contributed to the natural forests as much as 25%, an average of 12% in Latin America, 5% in Asia and 8% in Africa (FAO, 1997). It has to be stressed that the figures correspond to only 15 years span. Gornitz and colleagues also found that vegetation clearing accounts for a one percent reduction of annual stream flow and an average of 10% decrease in the annual volume of freshwater used by humans (Gornitz et. al, 1997 page 148). The most direct physical impact of urbanization to the interruption of the water cycle is the general increase in the impervious cover (IC). The increase in IC due to urbanization affects the water cycle in these ways: 1. Urbanization increases impermeable land covers such as sidewalks, roads, roofs and parking lots. These urban structures decrease the amount of water to be absorbed by the soil as infiltration process is hardly possible to occur in these areas. In highly urbanized areas, more half of the volume of rainwater flows as run-off (Center for Watershed Protection, 2003). Studies also reveal that in cases where impervious cover is less than 10%, streams to where run-off flows remain protected. On the other hand, if IC is above 10% run-off that goes to the streams will cause the ecosystem to be degraded (American Society of Civil Engineers, 1996). Center for Watershed Protection said some of the evidences of this damage are bank erosions, sedimentation and the loss of stream bank tree covers. 2. Urbanization significantly increases annual floods. As infiltration and transpiration is reduced much of the surface precipitation is diverted to the drainage system. In a pre-urban setting, precipitation is intercepted by the natural vegetation through the process of absorption. Ground cover and forest canopy naturally absorbs rainfall through their roots. The wider the ground cover and the denser the forest canopy, infiltration and transpiration of precipitation are held in its natural state as more water is stored in the water table. This way water storage deep down into the ground as reservoir. With the clearing of vegetation and deforestation, urbanization becomes directly liable for the increase in annual floods. Because of the increase in the volume of run-off water in highly urbanized areas, the construction of drainage systems have been the nearest possible solution made by the government. Such drainage systems were designed to regulate the flow of run-off directly to the watercourse. However localized flash flooding seemed aggravated the problem with the construction of such sewage systems. The problem with this development projects is that the volume that watercourse and the drainage systems can contain is limited. The speed or velocity of runoff brought about by high peak storm water. Another vital factor is time which is relatively not enough for water to be absorbed and contained by the drainage systems and so flash floods are always possible. With flash floods, water contamination is highly possible because the excess water that runs in the streets catches much of the contaminants in the land surface which will then be carried to the bodies of water as flood find its way to leave the area. Because highly urbanized areas do have little ground cover like trees to absorb storm water, run off will likely stay longer in the surface as infiltration is hardly possible. Because imperviousness is directly related to water dynamics, highly urbanized areas have the high risk of containing high peak storm discharges. In urban areas, collection in combined sewerage systems may impose increased hydraulic and pollutant loads on conventional wastewater treatment facilities (Perry and McIntyre 1986).

College Is a Waste of Time and Money Essay Example for Free

College Is a Waste of Time and Money Essay 1. Affluence- Abundance of money, property and other material goods Permissive- Habitually or characteristically accepting or tolerant of something, as social behavior or linguistic usage, which others might disapprove or forbid Elitist- A person having, thought to have, or professing superior intellect or talent, power, wealth, or membership in the upper echelons of society 2. The time and money put into college are not balanced with the return rate. * Society has developed an unspoken standard that college is the best fit for upcoming adults and for them to achieve the highest education possible. But in fact, most students do not want to be there because they do not want to learn. * â€Å"no more than 25 percent of their students are turned on by classwork†¦up to 30% are in college reluctantly† * College has failed at its expectations and promises to give opportunities to students that most bargained for. * There is already a surplus of adult workers in the economy with more experience than the out-of-college student. Even with a degree in hand, graduated students do not have the upper hand over the experienced adults. * College education fails to ready students for the real because liberal arts is a religion rather than a preparation. * â€Å"A liberal-arts education is supposed to provide you with a value system, a standard, a set of ideas, not a job.† 3. College is an over-rated system that does not give out what a student gives in. 4. Based on the author’s logic, I do agree with the author’s argument. Although she uses a small amount of specific evidence, she reasons well and thoroughly. As society has developed, it has pushed for everyone to obtain the highest education possible, which most students aren’t prepared for nor will they continue with their degree. The world simply cannot go round with a population full of highly educated people.

Sunday, July 21, 2019

How Important Is Language Variation Towards Language English Language Essay

How Important Is Language Variation Towards Language English Language Essay Since English is used globally as the international communication tool, the number of English users increased rapidly, Kachru (1992 cited in Andrews, A Tsui 2007) says. Even in the next few decades will witness an unprecedented rapid growth in the number of English users of English worldwide range from a rather conservative 700 to 800 millions to a more liberal estimate of two billion. Moreover, this fact evokes the number of English users from many different countries which draw impact to the various language styles, accents, dialects which is familiar with term of language variation . Furthermore, recently the majority of English users and English teachers are not native speakers of English, and they do not use the same linguistic forms (Henry, P 2009). Additionally she explains that understanding language variation is fundamental to understand the use of and teaching English in global context. Moreover, nowadays language variation becomes a main issue among linguists and sociolinguists because it has relationship with social communities. The use of the language is various according to social groups because they do not use the language in similar way, as the way language that is used to greet and compliment is distinctively expressed in a particular cultural group (Holmes, 2008 pp.3) This paper will deal with the question of How important does language variation toward language teaching? This issue will contribute some ideas for English teachers, especially for EFL contexts to generate awareness of English teachers to language variation in international communication. The consideration of this awareness will draw some ideas for teachers to design teaching materials appropriate with recent phenomena of the use and the users of language which are very various. Furthermore, the teaching aids are considered play important role to assist more understanding to the language variation itself. Besides, teachers will prepare the learners to be good English users with highly understanding to how to use language appropriately towards the diversity of language use and users to avoid miscommunication and maintain the politeness, and to support good career and study in the future. DISCUSSION Language can identify the person cultural background because the language and culture can not be in isolation (Sapir, E, 1920s cited in Hinkel, 1999). That is why, when someone speaks another language (English), the way he/she speaks will be influenced by the way he/she thinks in his first language. As claimed by Holmes (2008, pp.153) that the way you speak is usually a good indicator of your social background with many speech features that can be used as clues. Moreover, culture is the domain of humanity that includes all social aspects such as activities, group systems and human behaviours (Hinkel, 1999 pp.1). Therefore, sociolinguists investigate what the connections between language and society are. Specifically, Holmes (2008,) asked three main questions in sociolinguistics that focuses on the reasons why do people in different social context speak differently, the concerns to the language in social functions, and it is used in conveying social meaning (pp.1). It is obvious that the different background of the language users will give impact to the variety of language. Furthermore, in term of the use of language, Holmes (2008) states that people use a language to signal their membership of particular group and to construct different aspects of their social identity; social status, gender, age, ethnicity and the kind of social networks people belong to turn out to be important dimension of identity in many communities. For example, in term of gender, women tend to reinforce their own subordinate status; they were colluding in reinforce their own subordination by the way they spoke in the interaction which is considered more polite than men (Lakoff, R cited in Holmes, 2008, p. 284). Additionally, she illustrates the example of the use tags questions. Although the use of tags questions is slightly different in number of men and women to use it, females purpose to use tags questions to make her sentences softer and to sound more polite. Besides, the way between females and males in giving complement is different. Men tend to use short expression such a s you look nice, in comparison females will use longer expression than males such as oh dear, look at you, you look so gorgeous, In term of age, in Indonesia, younger people will address to older people or to people who have higher position by addressing them with some term of words such as bapak (sir), and ibu (madam). It is different with western culture where younger people merely address the older people by their name. This issue reflect to the way they communicate when they are not in their contexts which draw some confusion which is the correct way to address older people in western country. Indonesian students in the beginning will feel uncomfortable to address their lecture by name; they will feel they are rude and on contrary for westerners, who come to Indonesia, they will bring their culture or their way to address older people by name then Indonesian will think they are rude. That is why, by having good understanding towards language variation, it will help language user s to have good communication from different countries. What is more, according to Chaer Agustina (1995 cited in Prasastie 2006), the term of language variation is based on two opinions existing: the first is language variation is language happens as the result of the variation in society and variation in language function. Further they explains that if the users of a language are homogeneous group in term of ethnic, social status or fields of job, the variation will not exist which means that the language itself become uniform. Additionally, the second opinion they mention that language variation already exist in order to fullfill its function as a mean of interaction in doing various community activities. The ways of teachers speak will be different to the ways of people who work in fish market. Teachers will speak better than fish seller because the image or their work place background determine to the ways they speak. Based on Holmes (2008) in general language variation is divided into regional variation which covers international varieties, intra-national or intra-continental variation, cross-continental variation, social variation which covers social accent, and social dialects which covers standard English, caste dialects, social class dialects (vocabulary, pronunciation, grammatical patterns). In order to make the idea of language variation clearer and why it is considered significant for language teaching, the writer provides one example of social dialects because the research of social dialects in many different countries has revealed a consistent relationship between social class and language pattern (Holmes 2008, p. 141). Moreover, she explains that in caste dialects case where the categorisation of people is based on the commonality of social and economy which generally reflects the use of social dialects (pp. 141). Holmes (2008) takes Indonesia as the sample where social divisions are clear cut. In addition, she writes about an Indonesian student who was trying to explain to her English friends about the complication of social dialects in Java and the ways in which Javanese speakers signal their social background. This student describes how almost every different word fit together in patterns or levels use which depend on who we are talking to. Further, Holmes (2008) presents some samples of words use in Java such as Padjenengan as you in English to point someone from higher class social status, and kowe as you to refer to someone for low class social status. Another sample which is similar to Java social dialects, in Aceh the use of different vocabulary also indicates the different social background of the speakers. The word ulon tuan (I) in English is considered from high social class and educated person compare to use the word ke which is considered rude and impolite and the speaker are ass umed from low social class and uneducated person. Despite of that, the variation of language does not only cover both the users and the use but also the contexts and the adressees of the language that affect the code variety (Holmes 2008, pp. 235). Consequently, some people are more aware of some factors like how they communicate to people who they often and will meet and what are the contexts of the communication whether it is formal or informal situation in order to maintain politeness or to show to what particular social class the speakers belong. Moreover, Fukada Asato (2004, pp. 1994-1995) emphasises the intention of how polite the speakers are in certain situations by using the verbal strategies. Additionally, Holmes (2008, pp.270) said that The rules for polite behaviour differs from one speech community to another and it is culturally determined which different speech communities emphasize different functions and express particular functions differently. For instance, the strategy of apology or request is different between China or Japan or Indonesia. In context of China, the Chinese speakers are not likely to use negative politeness in form of indirect request if face threatening act is not significant or the relationship between speaker and hearer are close. Lee, C.F.K (2004) stated the result of report through her paper about it. She said that : since politeness is basic and essential in communication in many cultures, people are inclined to use redressive actions, for instance, the negative politeness strategy of being indirect, to avoid the face-threatening act or minimising the feeling of imposed on (Lee, C.F.K 2004 p.58). However, Brown and Levinson argue (1987 cited in Lee, C.F.K 2004, pp.58) that the use of redressive actions are different from one culture to another cultures because the consideration of relationship and social distance. For instance, in Japanese culture teachers are highly respected, hence while students or Japanese speakers are talking to teachers, they use of referent and addressee honorific forms to give rise to politeness that they acknowledge their addressee and this acknowledgement due to teachers place (Haugh, M. 2005, pp.63). Beside politeness issue that teachers must aware in their teaching due to the language variation is to teach students how to interact with other speakers appropriately to avoid miscommunication or misunderstanding that usually occurred in intercultural communication. Leigh, J (2004) states that we should not be surprised therefore, to see that the interaction of diverse parochial behaviours across cultural borders often leads to unintended misunderstanding even conflict. Furthermore, he explains that this misunderstanding may appear as the received meaning of the various exotic behaviours messages which are found offensive, even they were not meant to be so. In another words, the miscommunication can be happened because of the different interpretation of the words or expressions or question used to convey the meaning according to different speakers. For example, the question of did u have a good weekend? This question gets different responds from different speakers like Australian sp eakers will respond the question with short respond such as oh it was great, while French speakers will give long respond by telling the whole story about their weekend that includes who were the participants, what happened, where did they spend the weekend and many other information. This case obviously shows that some typical conversational routines in French and Australian English, and the miscommunication that may arise between two speakers from different cultural backgrounds (Beal, C 1992, pp.23). Moreover, based on the sample above, Beal (1992) explains the indication that even the trivial daily phrase may accelerate various understanding related to the expected responses. In addition, Leigh, J (2004) states It is no wonder, therefore, that language is a function of physical and social environment, and that there is great idiosyncratic in each of the numerous language around the world. In language teaching, teachers may not merely emphasise learners to acquire linguistics features or the how to use the language in communication without considering the important of culture from not only the language but also from the cultural background of the various English users all over the globe where English is as lingua franca for international communication. Moreover, Hinkel (1999) illustrates how teachers view of ourselves, our students, and relationship among cultures are represented not only through explicit instruction regarding cultural differences in rhetorical and aesthetic values for texts, but also implicitly in the course content, assignments, and class discussions which engage with the students. Furthermore, Hymes and Gumperz (1960s 1970s) made explicit connection between culture and language and treated interaction and speaking as culturally defined practices, which means the emphasizes the need of studying to the social context that will influence the interacti on of the language users. Therefore, based on the teachers awareness of language variation to the diversity of language use and users from different cultural background, teachers should notice to what they must do in their teaching in order to arise the students awareness to the issue above to maintain politeness, to avoid the misunderstanding or miscommunication, and to improve their academic of language in order to get better opportunity of study or occupation in future. Research has proven that students who have language variation awareness, a positive attitude towards learning of variation, and a clear understanding of the role of variation and identity, culture and communication (Allen, B. H 1973). Due to the facts, therefore the design of curriculum, teaching materials, aids, and techniques might be useful in preparing learners to encounter with English speaking community with the wide range of diversity. The development of teaching materials according to Hinkel (1999, p. 132) are from a variety of perpectives. It means that the development of teaching materials depend on what are the aims of teaching itself. Because in this paper the concentration is the language variation, teachers must think wisely what are the best material can be used to introduce the variation of language and to improve their ability to use the language in the diversity of language users. For example the use of movie as the materials and aids of teaching, in which students can analyse how the language used differently from different users. Moreover, movies (or other authentic media) will bring learners attention to the forms and sociolinguistic variables (Rose, K. 1999). Other possibility of teaching mat erial is using leaflets or tourism brochure, advertisement, magazine, newspaper, radio broadcasting, TV news from different countries. And, perhaps teachers can provide preintermediate EFL text book that aims at international target cultures such as text book written by Priesack Tomscha in 1993 titled One World, Secondary English that was commented by Cortazzi, M, Jin, L (1999, pp. 209) that this book is accompanied by cassettes featuring not only a range of native-speakers accents but also some from non-native speakers from around the world . Hence, students with the assistance of teacher can learn, analyse and compare how people from different countries use the language by also looking at the similarities and differences. Apart from that, there are some advantages for learners in purpose of learning and understanding more about the language variation which can make students understand of how to use the language in different situations; formal and informal, and know how to use the correct expression or to answer the question properly due to whom they are speaking. Moreover, by learning and understanding the language variation, students will build up their confidence to use the language due to different contexts and language users appropriately and comfortably. It also can avoid miscommunication because to have a good communication can not solely depend on lexis and syntax. Therefore, the learners at least have to master intersectional competence that is clearly explained by Celce-Murcia, et.al. (1995 cited by Hall 1995, in Hinkel 1999 pp.137). They elaborated four points of this competence. This competence involves such context-specific knowledge as (1) the goals of the interactive practice, the roles of the participants, and the topics and themes considered pertinent; (2) the optional linguistic action patterns along which the practice may unfold, their conventional meanings, and the expected participation structures; (3) the amount of flexibility one has in rearranging or changing the expected uses of practices linguistic resources when exercising these options and the likely consequences engendered by the various uses; and (4) the skill to mindfully and efficiently recognize situations where the patterns apply and to use them when participating in new experiences to help make sense of the unknown (pp.137). What is more, teachers may not ignore the importance of learning standard language for their students because according to Andrews. S, Tsui, M.B.A (2001, pp.1-3), recently the setting of standard as benchmark for accountability and quality is the main requirements for English education. Moreover, they explain that the increase of requirement of Standard English has increased, especially in economic sector. What is more, Holmes (2001) also mentions that the number of Standard forms in everyones speech increases in formal contexts like in schools or law courts, while vernacular forms increases in relaxed casual contexts such as play ground and the home. However the Standard English users are limited. Therefore, the linguist and the educationalist suggested that the curriculum should cover language awareness to enable the mastery of language standard variety in order to achieve the equality of educational opportunity (Hawkin, 1999 cited in Andrews, S, Tsui, M.B.A 2001, pp. 1-12). Furt hermore, Holmes (2001, p. 349) states the similar issue that Standard English has an enormous legacy of overt prestige and for well over a century it has been promoted as the only acceptable variety for use in all official domains, including education compare to vernacular dialects. The issue of Standard language the writer assumes is not as a hot issue in Indonesia, what is familiar for both teachers and students towards teaching English merely formal and informal English. Even many Indonesian have no idea about what dialects they use whether British or American, because the dictionary which is used mostly mixed between British and American dialects. The dictionary author is Hassan Sadeli. Although many other dictionaries such as Oxford or Cambridge are also available, however, many Indonesian use Hassan Sadeli dictionary because it is probably easier to use and understand. In addition, it also presents the vocabulary in two different ways; English translated into Indonesian and Indonesian translated into English. That is why when Indonesian students want to continue to study abroad, and they have some difficulties in joining IELTS or TOEFL tests due to the Standard language used in those tests that Indonesian students are not really familiar with. Additionally, attitude to language is one consideration that language planners must take into account when they select a suitable language development as an official or national language (Holmes, 2001, p. 343). Because if the language planners do not decide what language is formally used for certain contexts, official, education, and so on, hence it will draw some disadvantages for the language users who use vernacular dialects in their daily life without being told to also learn and master the Standard English which will offer more opportunities for future career or future study especially study abroad. So, it is not surprisingly, if it has also been found that attitudes to the way people speak affect employers decision about whom to hire (Holmes, 2008, p. 354). CONCLUSION Language teaching always brings some ideas to culture, it is not only culture of the language learn or taught (English) but as well as the culture of the users of language and the ways the users use the language which is widely range in diversity. That is why, the discussion of language variation which covers some aspects which includes language users social status background that shows how they use the language differently. The language variation is considered important in language teaching because its contribution of cultural values regards to the different ways of using the language functions or other aspects of language like vocabulary, pronunciation and so far so forth. So that students know how to adjust themselves while interacting in intercultural communication in order to maintain politeness and avoid miscommunication. The writer wish that in the future the language planner would decide which dialects as the standard language, whether it is British or American dialect, so teachers or educationalists would design the curriculum or books or teaching materials which can cover the differences of language (culture, users, and the use). Moreover, if the standard language has already decided both teachers and learners would perform better to achieve their aims in teaching and learning the language. In another words, it will give clearer goals of learning the language. Some teachers who are from non-English countries face some difficulties in teaching cultural and pragmatic paradigm of face-to-face interactions because students would find problem to have direct contact with members of different communities around them (Hinkel, 1999, p. 134). What is more, the other problematic remained is the lack of teachers awareness to language variation, it is assumed because the limitation of resources and research of language variation which is considered not popular in Indonesia.

Saturday, July 20, 2019

Excerpt from Ventilate :: Ventilate Short Stories Essays

Excerpt from Ventilate Virge, waited impatiently, choking on the thick haze of smoke that was created by illegal tobacco cigarettes. Virge hated the stale smell of cigarettes; he remembered the fit that his mother threw when they banned them. "What did they call them?" he wondered out loud. "Cancer Sticks?" But there was no cameras here, very few people even knew about this place, only people like Virge. He remembered pretending he was a spy when he was younger. He and his parents would go out to dinner and he would insist that they had sit near a wall with a view of the door. Virge did this now, but he had a lot more reason too. The bar had low ceilings painted black. Black pyramids of acoustical deadening material occupied the space in-between the concrete I-beams that supported the floor above. Track lighting with tiny halogen fixtures speckled the ceiling, one per table, giving ample light over the tables but keeping the room dark. This reminded Virge of pictures he had seen of stars in the sky. But they were only pictures; he had never been able to see the stars through the thick haze of pollution that held steady vigil above the city. Old music played in the bar, Pearl Jam, Virge recalled. A band his father, used to play in the car during trips. Sometimes the bar keep Doug, a fat old guy, would announce he was going to educate his patrons with some high culture. This would be followed by some classical music he called the blues. Virge always thought Doug was a fuckchop and he never quite understood that music. Virge was waiting for his agent, Pip. Pip was his connection to the cash paying clients, and he was useful in that respect. Virge didn't trust Pip, he didn't trust anyone for that matter, but he found that blackmailing Pip bought him a lot of loyalty and a level of trust for Pip that he didn't have with anyone else. Finally, Pip slithered into the chair opposite of Virge. "Where the hell have you been!" Pip looked around anxiously; sweat glistened on his forehead. "We got trouble Virge. That stuff you hacked last night has pissed of some really big people." Pip took a deep breath and reached under his coat and pulled out a ziploc bag of hand-rolled cigarettes. "No one would touch it. Excerpt from Ventilate :: Ventilate Short Stories Essays Excerpt from Ventilate Virge, waited impatiently, choking on the thick haze of smoke that was created by illegal tobacco cigarettes. Virge hated the stale smell of cigarettes; he remembered the fit that his mother threw when they banned them. "What did they call them?" he wondered out loud. "Cancer Sticks?" But there was no cameras here, very few people even knew about this place, only people like Virge. He remembered pretending he was a spy when he was younger. He and his parents would go out to dinner and he would insist that they had sit near a wall with a view of the door. Virge did this now, but he had a lot more reason too. The bar had low ceilings painted black. Black pyramids of acoustical deadening material occupied the space in-between the concrete I-beams that supported the floor above. Track lighting with tiny halogen fixtures speckled the ceiling, one per table, giving ample light over the tables but keeping the room dark. This reminded Virge of pictures he had seen of stars in the sky. But they were only pictures; he had never been able to see the stars through the thick haze of pollution that held steady vigil above the city. Old music played in the bar, Pearl Jam, Virge recalled. A band his father, used to play in the car during trips. Sometimes the bar keep Doug, a fat old guy, would announce he was going to educate his patrons with some high culture. This would be followed by some classical music he called the blues. Virge always thought Doug was a fuckchop and he never quite understood that music. Virge was waiting for his agent, Pip. Pip was his connection to the cash paying clients, and he was useful in that respect. Virge didn't trust Pip, he didn't trust anyone for that matter, but he found that blackmailing Pip bought him a lot of loyalty and a level of trust for Pip that he didn't have with anyone else. Finally, Pip slithered into the chair opposite of Virge. "Where the hell have you been!" Pip looked around anxiously; sweat glistened on his forehead. "We got trouble Virge. That stuff you hacked last night has pissed of some really big people." Pip took a deep breath and reached under his coat and pulled out a ziploc bag of hand-rolled cigarettes. "No one would touch it.

Friday, July 19, 2019

Coco Chanel Essay -- Fashion Designers Essays

Coco Chanel In his 1993 book, Creating Minds, Howard Gardner attempted to distinguish characteristics that were common to creative people. In doing so, he concluded that many factors were involved in the development of a creator. For instance, the relationship between the Individual, the Work, and Other People (i.e. family and colleagues) (Gardner 9) was elemental in predicting future successes. Likewise, part of his hypothesis focused around the fact that creators typically make their mark in one single genre. He divided the types of work that could be created into seven different areas: interpersonal, intrapersonal, visual/spatial, logical/mathematical, musical, verbal/linguistic, body kinesthetic (Gardner vii). Gardner's rubric for finding commonalties amongst creators, or those people who produce innovative, influential works in their particular domain, has become a highly regarded and widely used tool for identifying creative genius. Likewise, one key factors promoting creativity was the marginal status of the creator. Gardner briefly mentions the importance of the relationship between the creator and their society (Gardner 42). In my opinion, Gardner gives too little attention to the importance of one's marginal status. I intend to show, through the example of Coco Chanel, that marginality can have an imperative impact on the development of one's creativity. Therefore, I will fit Chanel into the prescribed rubric that Gardner outlined in his book, and show how her marginal status defined her as well as her work. Part One: The Personal History of Chanel Chanel was born in 1883, illegitimately (Charles-Roux 9/3) to a father that would soon desert her, and a mother who would die by the time she reached the age ... ... different perspective on things. Perhaps she was "creative" because she did not know how to be "traditional." Maybe what seemed normal to Chanel, what felt natural for her, was simply different from what was normal for others. In any case, I feel that Chanel's marginal status was the main catalyst for her success as a fashion designer. Gardner overlooked the degree of importance that should be attributed to a creator's marginality. For in the end, to create is to do something original, what has never been done before. And to do something unique should mean to be unique. And to be unique and creative means to be marginal. Bibliography Charles-Roux, Edmonde. Chanel and Her World. The Vendome Press: London. 1979. Gardner, Howard. Creating Minds. Basic Books: New York. 1993. Madsen, Axel. Chanel: A Woman of Her Own. Henry Holt and Co.: New York. 1990.

The Future of America :: Free Essay Writer

The Future of America A hungry boy stole food from a market, was caught, and his right hand was chopped off. The next week the same boy, stole fruit from an orchard, again was spotted, and his left hand was chopped off. A few weeks later, leaving the back door to a bakery open, his mouth full and eyes no less vibrant, the boy was caught once again. The men of the town were stumped, what was to be chopped off next? The men of the town did not know what to do, until someone offered giving the boy a job. The boy never stole again. As difficult as it may be to remain open-minded when addressing a situation, sometimes the alternative solutions are better than that of the extreme. Throughout American history, there is evidence of over-coming close mindedness. This evidence is seen in women's voting rights and African American's freedom. With the increasing youth violence present in America, we are once again given a task. This task, like that of Women's Suffrage and Civil Rights, is not going to have a simpl e solution. If the men in the story above had not come up with an alternative solution, what would be chopped off next? Arms? Feet? After reading about this topic and all its perspectives, I believe that severe punishment will always fail to deter youth crime. Rehabilitation and prevention, as difficult as they may be to accept, deserve attention. Arguments have resulted from examining the increase of convicted youth criminals and the severity of crimes committed. The youth crime rate has reached a twenty year high, says Patricia Cohen in her article entitled, "Punishment." Equally staggering she says, is the fact that "from 1988-1991 the youth murder-arrest rate climbed 80 percent(518)." Terrible crimes committed by youth are sometimes as serious as those of their adult counterparts. As a result, the term ‘youth' is no longer synonymous with innocence. With this sudden "madness," as coined by Males and Docuyanan in "Crackdown on Kids: Giving Up on the Young," juveniles are being deferred into court at lower and lower ages(519). This can be seen in Wisconsin where ten-year-old children can be tried as adults for murder(519). Does imprisonment deter youth crime? Some people believe it is the only way to go, others disagree. Males and Docuyanan are among those who disagree, bringing up the point that, "If more prisons a nd surer sentences were the solutions to crime and delinquency, California should be a haven where citizens leave doors unlocked and stroll midnight streets unmenaced(521). The Future of America :: Free Essay Writer The Future of America A hungry boy stole food from a market, was caught, and his right hand was chopped off. The next week the same boy, stole fruit from an orchard, again was spotted, and his left hand was chopped off. A few weeks later, leaving the back door to a bakery open, his mouth full and eyes no less vibrant, the boy was caught once again. The men of the town were stumped, what was to be chopped off next? The men of the town did not know what to do, until someone offered giving the boy a job. The boy never stole again. As difficult as it may be to remain open-minded when addressing a situation, sometimes the alternative solutions are better than that of the extreme. Throughout American history, there is evidence of over-coming close mindedness. This evidence is seen in women's voting rights and African American's freedom. With the increasing youth violence present in America, we are once again given a task. This task, like that of Women's Suffrage and Civil Rights, is not going to have a simpl e solution. If the men in the story above had not come up with an alternative solution, what would be chopped off next? Arms? Feet? After reading about this topic and all its perspectives, I believe that severe punishment will always fail to deter youth crime. Rehabilitation and prevention, as difficult as they may be to accept, deserve attention. Arguments have resulted from examining the increase of convicted youth criminals and the severity of crimes committed. The youth crime rate has reached a twenty year high, says Patricia Cohen in her article entitled, "Punishment." Equally staggering she says, is the fact that "from 1988-1991 the youth murder-arrest rate climbed 80 percent(518)." Terrible crimes committed by youth are sometimes as serious as those of their adult counterparts. As a result, the term ‘youth' is no longer synonymous with innocence. With this sudden "madness," as coined by Males and Docuyanan in "Crackdown on Kids: Giving Up on the Young," juveniles are being deferred into court at lower and lower ages(519). This can be seen in Wisconsin where ten-year-old children can be tried as adults for murder(519). Does imprisonment deter youth crime? Some people believe it is the only way to go, others disagree. Males and Docuyanan are among those who disagree, bringing up the point that, "If more prisons a nd surer sentences were the solutions to crime and delinquency, California should be a haven where citizens leave doors unlocked and stroll midnight streets unmenaced(521).

Thursday, July 18, 2019

Ethical Issues with the Software Piracy Issue

Computer ethics deals with moral responsibility of what is wrong and right. Based on ? Importance of Computer Ethics and Software Piracy? article, software piracy is copying, distributing, and using software or games without paying. Software Piracy is a form of ethical issue that is hard to solve in society, especially among students of Faculty of Computer Science University of Indonesia. Based on writer observation in campus, students are still using pirated software, including using, duplicating, and distributing it to their friends.This attitude of course violates developer’s intellectual property. The article also mentions about intellectual property and penalties for those who violate computer ethics laws. Intellectual property is including images, patents, procedures, videos, audios, and drawings. For those who violate someone’s intellectual property will be given penalties—paying hefty fines to extensive prison time. But even so, it seems the penalties are still blurring for students. Nowadays, information technology has widely grow and used by human.Computer technology, both hardware and software has been widely approved as an intellectual property. The fast growth of technology innovation, especially software, is open for public and can be easily accessed by public via internet. It is the same for software piracy. Serial key, hack-version, and more other ways are easily accessible and widely available. Based on ? Ethical Issues in Software Piracy? article, someone should have a moral responsibility in using software. So, from internal-self of user should be aware of someone’s intellectual property.W. D. Ross stated ? The Right and the Good? as our guideline to prove our moral responsibility toward software and/or its developer. Software piracy would cause loss of revenue for the developer. Thus, it will decrease developer’s motivation in designing new software. Impacts of software piracy explained above are mostly occ urred because of human and economic factor. Based on the article, software piracy occurred mostly in developing-countries; because of their low economics (from GDP per capita), they find it harder to purchase software.Indonesia is one of developing-countries, so it can be concluded roughly that Indonesian people hard to pay for software. In smaller scale, Indonesian social levels have a representative number of users in technology. Social level is about divided in three level; low, medium, and high class. In Faculty of Computers and Society, students also varied in social level or economic level. Some students have Iphone, Windows Phone, or tablets, but some don’t. In general, there is no difference among those levels. Every student is using technology. But in majority, students didn’t put much attention toward software piracy issues.Those who have laptops may prefer using unlicensed operating system than using open source operating system. It is a form of software pir acy—using without paying. In addition, current status of our community is still far from the word ? ethical?. We have not appreciating others’ property as well as we did to ourselves yet. The rule in ? Kode Etik Mahasiswa Fasilkom? , point two stated ? †¦including appreciates intellectual property?. Students of Faculty of Computer Science already know about this rule. In fact, it’s not the same as in the implementation, ignorance being a common habit.Ignorance regarding unlicensed software caused software piracy. Majority tend to have neither attention nor self-control in using unlicensed software. Some may didn’t know that it is unethical. But some maybe already know that what he/she doing is wrong, but even so he/she is still doing it just because everybody—community—is doing it. Our community is affecting us. A student may be an example for his/her friends or his/her community. He/she may use unlicensed software that is followed by o thers. This ignorance habit can damage our own personal ethical which embedded in our heart.Furthermore, we start believing that our wrong-doing is right. In analyzing software piracy, writer think students should have an awareness and moral responsibility. A developer of software may not know that his/her intellectual property was just being used irresponsibly. Student of Faculty of Computer Science should have known how hard it is to make software. They should have aware how long time needed, how many resources sacrificed by the developer to develop software. In student’s point of view, they need it but they don’t want to give more when people are not giving anything.For example, an antivirus should be bought for some prices, but some students found that there is a forever-renew-trial of the antivirus, so that they don’t have to pay. Along with economic principle, ? with less effort, can gain more? , we don’t want to sacrifice more than others. It becam e a serious problem. As a conclusion, how to overcome this issue? It is a professional standard, based on the article; Association for Computing Machinery (ACM) stated that any person who wants to join the ACM should accept ? Code of Ethics and Professional Conduct? which covers the ethical issues surrounding oftware piracy. Writer think we can do as ACM do. Article entitled ? The Rules? also stated that computer artifact—both software and hardware—has rules for both its developer and user, so that they will have morally ethical in developing or using software. It has seven rules which allow and avoid both developer and user to do something about the computer artifact. These rules should be well-applied as a solution for software piracy issue. In the top of those solutions, human factor is the main factor that we should pay more attention. References: 1. K. W.Miller, Moral Responsibility for Computing Artifacts: ? The Rules?. Illinois: IEEE, 2011. 2. Unknown. (2011). K ode Etik Mahasiswa Fakultas Ilmu Komputer Universitas Indonesia [Online]. Available: http://scele. cs. ui. ac. id/file. php/1434/Kode_Etik_Mhsw_Fasilkom. pdf 3. Thurlow, Max. Ethical Issue in Software Piracy [Online]. Available: http://www. ehow. com/list_6669954_ethical-issues-software-piracy. html 4. Boone, Kevin, Importance of Computer Ethics and Software Piracy [Online]. Available: http://www. ehow. com/facts_5766300_importance-computer-ethics-software-piracy. html

Wednesday, July 17, 2019

Analysis of Adidas

semipolitical FACTORS semipolitical stability is an important element in any country for Adidas. Political and regulatory risks include potential losses from expropriation, nationalization, civil unrest, terrorism and significant changes to softwood policies . In particular the Adidas crowd faces risks arising from sharp increase of import restrictions, charges in the revenue enhancement system of a country, minimum pay policy, import tariffs and duties that could compromise the free mix of goods.ECONOMIC FACTORS Economic growth and rice beer range be major factors for any thrift in the ground, if interest evaluate argon too high and keep rising, and then the demand for products ordain f totally, as it makes saving much attractive and borrowing more expensive (Babette & Ferrell et. al 2008). Whereas if interest rates are too low, people are encouraged to spend, as saving isnt attractive. This means that there is more gold going round in the saving and makes good s seem cheaper, which is bad for the economy as it causes inflation to increase. This is why it is important that interest rates are stable. Taxation, VAT, Inflation, unemployment and per capita income highly dissemble the companys profitability.SOCIAL FACTORS Adidas target grocery store comprises of people from polar affable backgrounds. The Adidas separate is affected by peoples religion, race, culture, education levels, population, gender, buying habits and lifestyle. Different religions same Hinduism, Islam, Christianity, Judaism and many more have different buying patterns and opinions for any products they buy (Wilson 2005). The Adidas Group has penetrated most countries so all these social attributes play very important roles in deciding the companys strategy. expletive ANALYSISTECHNOLOGICAL FACTORS Technological advances in things like machinery will have an affect on the Adidas Group. The in style(p) Technology can speed up production, save energy or jump down labo ur costs. Currently the world has become a small village and the use of the Internet is increasing mean solar day by day all about the world, soAdidas needs to make for sure that they keep up-to-date with the Internet all the time. It will athletic supporter customers to buy online, and help it to advertise online and many other things.

Tuesday, July 16, 2019

Law of Tort

Law of Tort

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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