Marketing plan †Huawei Essay

This marketing plan is specially measured to the company Huawei. Huawei is an international company which produces devices for telecommunication, with their phones being the most important product. Their vision is to deliver electronic communicating solutions to make the life of their consumers better. This marketing plan is requested by Huawei to find a way to accelerate the sales of Huawei’s phones internationally, with a targeted 10% raise in market share in Europe. In this report the proposition of the marketing plan can be found, with specific data about the different subjects and explanation of a market winning approach. We will start by analysing the company and the environment, to define the SWOT of the organization. Afterwards we will introduce these conclusions into a matrix where it will be visible what the company’s best aspects are. Then we will choose strategic options and further instruct on the matter. Next, we will create a mix of strategic marketing as pects that will further help to develop the importance on how and where to place the advertisements and stores and so on. Finally, a financial analysis will be done in order to predict the costs Huawei is going to make on this venture, and whether or not their new mission seems feasible. This report has been created by Quirijn, Ruben, Robbert, Amine and Erim. Management summary This marketing plan gives answers to the question whether it is feasible for Huawei to increase brand awareness in Europe by launching a market campaign and to increase market share with 10% within 4 years. The research phase had various angles. Based on micro, macro and meso level some interesting strengths, weaknesses, opportunities and threats are revealed. The most important ones are: (Strength )Huawei has a great cost advantages in comparison with the competition. (Weakness) Inability to maintain high quality professional service and sales support in western markets (Opportunity) Huawei offers low priced phones, which can be very attractive for people affected by the financial crisis. (Threat) A lot of competition in the western markets. The internal analysis consist out of various models. The canvas model was created to analyse Huawei as a company. Within the BCG-matrix, Huawei’s smartphones are placed as a question mark. And the computed Abell matrix shows that Huawei targets students and the most important need is the price and the most important technologies are calling and texting, internet and connectivity. On external level a survey is conducted within this marketing plan. The most striking result is from the question; â€Å"Do you know Huawei?†. 53% of the surveyed audience was not aware of what Huawei is as a brand. Within the Meso level, Porter’s five forces is analysed. The most important findings are: The power of the customers is not particular strong. The threat of new entrants is not very impactful as Apple and Samsung are the undisputed leaders. If done right the power of substitutes can have an impact on the market. There is no threat in the power of the suppliers Huawei operates within a highly competitive market, the rivalry is massive. After doing research on 5 strategies, the best strategy proven is the low-cost strategy. The reason it is a perfect match for Huawei is because they are able, because of their cost-saving combined with their excellent financial situation, to sell their products for a lot less than the competition The BCG matrix is an analytical tool for companies to evaluate their business units and their business potential. With help from this matrix Huawei can create and adapt marketing strategies, product strategies and more, all to help the strategic management of a company. The BCG matrix connects a company’s market share with a company’s growth rate. The model is divided into four areas, the stars, dogs, cash cows and question marks. Huawei and its mobile phones are placed in the box of question marks. It’s put in this box because of the fact that the worldwide market share of Huawei’s mobile phone is relatively low, and the market growth rate, again worldwide, is relatively high, with expanding markets all over the world. Market leaders already have established and a lot of companies operate in this market, but because of the wide and depth of the mobile market there is still a lot of potential for Huawei. In the coming time they will find out if their question mark can become a star. Abell model The Abell model is a model for seeing in what kind of market a company operates. With segments, needs and technologies there is a quick overview of what a company or a product is about. The Abell matrix for smart phone Huawei Students, young starters and parents are the main segments that Huawei is targeting, excluding senior citizens and children. The most important needs are the price of the phone, together with its appearance and the quality. Convenience is important but not a main objective. The technologies specific to the phone are being able to call and text, having internet, and being able to connect all around the world. Interactive display and such, are also not the main objective. Strengths & Weaknesses Strengths 1. Huawei has very strong financial position. Being financial healthy means that they can investment and start new projects. 2. They have great cost advantages in comparison with the competition, this allows them to produce against low prices and have low production costs. 3. Because of these great cost advantages Huawei is able to sell products against relatively low prices. This gives them a huge competitive benefit 4. Huawei has high brand recognition and is rapidly increasing their brand awareness in their new markets, such as Europe, which gives them fast closure to the big brands. 5. Superior technologies enable Huawei to come with fast efficient solutions, and gives the whole company effective process. 6. Huawei has a very high customer loyalty. Customers are satisfied and keep their preference for the brand, which allows Huawei to focus more on finding new customers. 7. R&D is a very strong department within Huawei technologies, having R&D centres all over the world, to create products that are needed by every person all over the world. 8. Their market share in the African markets is very high and Huawei invests a lot here, which pays off with a high return rate. 9. Huawei has a broad range in products, which give them the beneficial ability to provide end-to-end solutions, keeping more customer processes inside Huawei. 10. They have a strong connection with the Chinese government, which helps them to maintain their number one position in China. Weaknesses 1. the supply chain of Huawei has a lot of flaws, with late and insufficient deliveries occurring. This is partly because of the high amount of products and the market penetration in the US and Europe. 2. the customer service is not what it should be, not dealing with customer complaints properly, mainly because there starting services in Europe and the lack of integration with supporting services. 3. Inability to maintain high quality professional services and sales support in Western markets. 4. Except for China, Huawei lacks the strong global physical presence that a company needs to establish itself as a true market leader. 5. contracts with the most important and biggest server providers are not optimal, which prevents an efficient integration between product and server. 6. Huawei excels at telecommunication, but does not have much experience in their new services, and does not have the same knowledge to overcome difficulties that some of their big competitors do. 7. The brand image of Huawei is mostly focused on their mobile process and selling, and customers are on a large scale unaware of the other practices of the company 8. employee satisfaction is high within Huawei, but a lot of complaints arise from workers that operate in Huawei’s supply chain, which has a negative effect on how ethical Huawei is. 9. Huawei still depends on their low-pricing strategy, and has no alternative selling strategy’s for their products. 10. Huawei’s ties to the Chinese government are a strength, but is at the same time a weakness, as it complicates creating relationships with other specific governments, such as the US. MESO analysis Meso SWOT Strength: R&D, patent ownership, growing their innovative and advanced technological products which have earned their global recognition Weaknesses: Lack in transparency and image of secrecy, worrying companies and governments who might otherwise trust the brand to protect valuable security information. Huawei has failed to understand the US legal system and market demands, as well as its image as a risk to national security which has resulted in its failed acquisitions. Opportunities: Continued innovations and technology advances. The continued growth and expansion of technology usage and literacy offer both brands unlimited growth opportunities, so long as they stay ahead of the competition though continued improvement. Threats: R&D takes time, if the competition provides solutions first, the brand will struggle to compete. Development in this industry is simply risky as the business relies upon continued growth of the internet and internet-based-systems. Merger and acquisitions ha ve no assurance and are inherently risky, particularly in this industry due to the advanced, high-technology companies with particularly high overhead and sunk costs. Global politics and exchange rates are also a threat to international trade as a whole. Porter’s five forces Now that Huawei is entering the European market there are certain things to take note of. Porter’s Five Forces helps us define which types of pressures could be present that have to be identified before entering a competitive market like the smartphone business Huawei is entering on a regional scale. Power of customers The power of customers in the particular market is not that strong. There isn’t a lot of influence into the product directly by the consumers. Whatever features are implemented into the product is similar to those of the competition, and is mostly influenced by the R&D departments. So the customers will mostly decide on preference of design or depending on the price that is being offered. Altogether there are not endless choices for the customers to choose between. This means that the customers simply don’t have the power to strongly influence the market by demanding critical changes from a product or brand. Power of new entrants The threat of new entrants is also not very impactful for the market Huawei is entering. This is especially due to the reason that it takes a certain brand awareness to convince a large number of the (potential) buyers into buying the new product they are bringing to the market. However, when this product is offering a whole range of new features or improvements that seem very attractive, this may threaten the existing products on the market, making them harder to promote against a superior product. But in almost any case it doesn’t seem feasible to go up against popular brands like Apple and Samsung. This means that, overall, new entrants aren’t expected to be a huge threat. Power of substitutes Huawei is financially very strong and strives for operational excellence in which they score relatively high already. This means that they are able to offer considerably low prices compared to competitive brands on the market. At the same time they are able to offer stylish designs and similar features to other brands. This means that Huawei is able to give consumers a choice that they will most likely not regret, but before they do so they are going to have to decide to trust Huawei into offering them a worthy product. The marketing campaign must show the difference Huawei is bringing to the market, and with that they have to convince the consumers of something worth buying. This will prove difficult however, due to the fact that a lot of people have already been convinced by the flashy designs of Apple for instance. The brand is already widely-known and both Apple and Samsung enjoy a great deal or the market share today. This means that eventually the power of substitutes is rather high at this point and probably the biggest problem on the board for Huawei. Power of suppliers The power of suppliers doesn’t have to be seen as a threat to Huawei. They are importing from their region of origin, namely South-East Asia. They enjoy low labor and production costs overall, which goes in combination with high efficiency meaning they are able to keep costs very low. There are many different suppliers for the raw materials that needed for the production process which also lowers the power of the suppliers. Rivalry Eventually the market proves to be a highly competitive one, especially if we start talking about Apple and Samsung who are highly involved in the mix. They are offering high quality products, one for relatively high and one for relatively low prices. They have similar features but some small differences, mostly in handling the device. It mostly comes down to the design of a smartphone, as almost all brands offer pretty much the same features. This means that the product with the strongest marketing campaign offering the flashiest design will most likely hit the jackpot and win the hearts of most customers which means that this is going to be very challenging for Huawei to compete against. So basically the market growth is rather high as technology development is an ongoing process and there are several key players in the market meaning that they are calling the shots. Huawei has to gain trust in potential customers and attract them by offering as flashy as the newest model Apple has brought to the market, and give it some extra features in order to make the difference.

Improving Hospitality Industry Talents in Macau

Improving Hospitality Industry Talents in Macaw Introduction With the development of the Macaw economy, the local market requires more labor to satisfy its demand. However, Macaw's human resource distribution is not balanced especially for local professionals in the hospitality industry. Although the unemployment rate in Macaw has been around 2% during recent years, improving the whole professional level is the most important thing for the long term. (Government of Macaw Special Administrative Region, 2013) According to statistics, here is around 130 thousand non-local people work in Macaw in 2013.Since the booming development of the hospitality industry, there is no doubt that Macaw needs more qualified personnel in the future. Career Times has reports that â€Å"As business booms, the shortage of qualified personnel is becoming more acute and employers are starting to worry. † (2006) Therefore, it is essential that Macaw cultivates more hospitality industry talents in order to have a stable and sustainable development. This project proposal presents 3 recommendations to improve hospitality industry talents in Macaw.Problem Statement In the ideal situation, Macaw would have an effective and efficient educational system, cultivating sufficient professional talents to develop and maintain this city. In recent years, with the flourishing hospitality industry, Macaw needs more and more professional talents to manage the whole market. However, due to the defective educational system, the younger generations are not qualified professional. But in order to increase economic efficiency, the government has to hire more and more non-local people to meet the requirement.It is obvious that this situation threatens coal people's opportunity, livelihood and their developments even it will sharpen contradiction According to Macaw daily news (201 1), hotel and restaurant industries still have 5000 Job vacancies. Imbalance has occurred in the talents structure which als o drags on the development speed of Macaw's economy. Therefore, Macaw government should pay more attention to improve the Educational system, allocate the educational resource reasonably to improve the overall quality of local people especially for improving hospitality industry talents to manage this industry and push it too new high.Literature Review As the saying goes â€Å"Teachers are engineers of human souls†. Therefore, in order to improve educational quality, we need to attach great importance to a highly educated and trained workforce. (Corker, n. D. ) As mayor of Chattanooga in U. S. A, Mr.. Corker tried to hire the best teacher to the low performance school by providing extract bonus. (Improving Education in America, n. D. , Para 3) Finally, he have really great reward through this measure, the low-performance schools have better achievement than other school.In addition, he also supports the scholarship to help over housing Tennessee students afford their universi ty and reduce the loan interest. (Improving Education in America, n. D. , Para 5) Mr.. Corker's movement not only could increase the national talent quality, but also it could help the younger generation reach dreams. The United Kingdom has their own way to cultivate talents. Although their population is only 1 percentage of the world, they have issue 8 percentage of research paper to the world. Besides, Cambridge University cultivated around 60 Nobel Prize winners. Is, 2004) The reason why U. K has a strong educational system to cultivate lots of Allen's is they mainly focus on cultivate understanding in students. Not only are the educator imparts knowledge, but they pay attention on students' capacity for independent thinking and creative intelligence. Furthermore, they have a great educational tradition that Oxford University and Cambridge University have courses cross-training for broadening students' horizon. It is very important that they have those characteristic to face vari ous challenge of future lives.After the Second World War, Japan hospitality industry gradually became one of the most speeding expanding industries. Their service and management become more denaturized and scientific which approved by customers from all over the world. (L', 2010, Para 2) There is no doubt that their achievement and their education are inseparable. According to Lie, whatever Japanese colleges or training school, they all keep closed contact with the hospitality industry to get the newest information about this industry. (Para. 5) It is a wise measure to formulate the education plan to cultivate professional talents.Moreover, not only do they focus on the quality of education, but also emphasize the professional atmosphere, practical training and language skill to enhance the whole quality (Para 8) As is known to all, details determine success or failure, Japan apparently have cultivated lots of hospitality industry talents to strengthen their competitiveness in the w orld. Proposed Solutions It is recommended that the Macaw government pay an attention in hospitality industry training to enhance occupational temperament. As is known to all that Macaw has only two hospitality institutes which are I.F. T and M. IS. S. T. , not only could we focus on the professional knowledge, but also we are supposed to emphasize students' professional behavior. Since employees need to deal with human beings in this industry, so we could provide the etiquette class, social skill class languages class, world culture class as compulsory course to make students become more qualified. In addition, institutes are supposed to keep in touch with the industry in order to update the newest information to formulate the teaching plan.It is both important for students and the industry to improve the whole quality services. It is recommended that the Macaw government attach great importance to educator. It is known to all that educators are very significant to students to impr ove the whole educational quality, the government could measure a plan to reward educator, providing teaching bonus, housing allowance, traffic allowance, traveling allowance and so on to and attract and motivate educators.Paying more attention on education atmosphere, let educator and student get along with harmony to enhance the quality of education and get positive results. It is recommended that the Macaw government could extend the scholarship limitation and lower the loan interest to let student get further education. It is known to all that the higher education is not cheap at all so that some student would drop he class due to the expensive fee, and the limitation of scholarship strict. Therefore, the government could offer more scholarship quota to the student and lower loan interest to reduce their pressure.Government should provide financial support to let those who pursue studies could afford their course.

Write a critical review of a journal article Essay

Write a critical review of a journal article - Essay Example In depth studies are being undertaken due to the different contributing factors to the onset of such disabilities specifically the genetic factors, the environmental factors and the social factors. Due to the extensive number of variables needed to be considered there is also the problem of lack of baseline data that can be used for comparative analysis of studies undertaken. There are different factors covered in the study such as the causes of developmental disabilities, challenges in the research process, clinical study of toxic elements known to affect the neurodevelopment such as lead, mercury, manganese, polychlorinated biphenyls, flame retardants, pesticides, nicotine, and alcohol and other solvents. Upon analysis of the article by Schettler, it can be considered that the study is more of a library based research since the data are presented on a textual manner. It can be considered qualitative in nature based on the same reason that the topics discussed are presented in paragraph form and there are no tabulated data. According to the determination of the source of the article, it had been known that it is a derivation from another article written by the author, thus, compared to the reference article, this one can be considered as an abridged or shorter form. On a reader’s perspective, the article was able to present a general point regarding the importance of an in depth study on the factors affecting the different types of neurological disabilities but if one is interested in an in depth determination of the factors and their specific mechanisms, it is important to have a more quantitative presentation of the data. In relation to the fact that the article is based on a nother article, the data presented cannot be considered as first hand although it is written by the same author. The fact that the data in this article is only based on the article which discussed the toxic threats in child development,

Compare between the puplic transport in Oslo city (norway) and western Essay

Compare between the puplic transport in Oslo city (norway) and western australia - Essay Example The city of Perth basically runs the CAT buses around the city to provide a free service to visitors and also to reduce the regular traffic. (Public Transport, Perth). Trains: the train service in Perth also very much advanced and well controlled. A traveler need to have a SmartRider to have an access in the FTZ using any of the train services, but, it is free of charge if someone having a journey within the FTZ boundaries. The tickets for the trains can be purchased from the machines at the stations or one can validate the SmatRider Ticket before entering the train. The public transport cost is very high in Perth for the best quality. Most of the revenue in the transport department comes from the individualized marketing program. However, the fare box revenue from these marketing programs is not enough. The private bus operators require approximately sixty two percent of additional fare. (McClintock 287) The Oslo Public transit system is basically comprised of buses, trams, ferries, local and intercity trains and also an extensive metro system called T-bane. A single ticket allows the traveler to use the full transit system for one hour. This is a very convenient way to roam the city around the city in summer. By this route a traveler can take a trip to the several Islands. Most of the boats depart from the piers outside the Oslo City Hals. (Henrik â€Å"Orientation and Sighseeing† page number has been omitted in the source) For this specific study it has been seen that for both the cities the public transport system is very much advances and run with a very well designed structure. However, the free ride is pretty expensive for the transport department and that part should be taken care of to make it a profitable

Jean Rhys's Wide Sargasso Sea influence by Charlotte Bronte's Jane Essay

Jean Rhys's Wide Sargasso Sea influence by Charlotte Bronte's Jane Eyre - Essay Example The Caribbean fashioned Rhys's sensibility and she remained nostalgic for the emotional vigor of its black people. But the conflict between its beauty and its cruel history became internalized within her own self destructive personality. In the 1960's Rhys gained international recognition with the publication of her most admired novel, Wide Sargasso Sea. The novel had its origins early in life. As a young girl when Rhys read Charlotte Bront's Jane Eyre, she began to imagine the Caribbean upbringing of the character Rochester's infamous Creole wife, Bertha Mason. The result is one of literature's most famous prequels, an aesthetic experiment in modernist techniques and a powerful example of feminist rewriting Wide Sargasso Sea gives voice to a peripheral character and transforms her tragic demise into a kind of victorious heroine. But this is un-typical of the feminist writers of the by-gone era where literature writing and reading by women was quite to the contrary where heroines were depicted in a more positive light. Feminist writing has had a long development. Nineteenth-century English women writers sought and created the sense of literary community by reading one another's books (Shattock p.8). They studied clo sely books written by their own gender and developed a sense of comfortable familiarity with the women who wrote them. There were very intelligent women reading other intelligent women who were also perceptive critics of each other's work and conveyed their views sometimes in personal correspondence and other times in published reviews. Those reading the books felt they knew the authors. There was a sense of community with women readers of fiction and the emergence of female heroines as role models. Even so, there was a certain fascination in searching for the women behind the books since very few people knew them personally and the professional writers did not live in the public domain. They were not university members and did not visit social clubs and societies, gave no lectures, their association with politics were minimal, travel opportunities were limited and their personal lives were the subject of gossip mainly derived from the work they produced. In the nineteenth century a lthough their contribution to journalism was increasing, they conducted the work from home. The twentieth century female writer was much more emancipated, free to characterize her heroines in any way she chose. They portrayal of male characters had no restrictions. Rhys does not hesitate to depict her protagonist and her husband in extreme ways. Returning to the theme of dominance and dependence, ruling and being ruled, Rhys narrates the relationship between a self-assured European man and a powerless woman. The character of Antoinette Bertha Cosway, a West Indian, provides a vehicle for Rhys to examine the conflicting cultures. Her black playmate called her a "white nigger" during her childhood. She marries Edward Rochester a domineering Englishman and follows him to his native country. In the same way Bertha in Charlotte Bront's Jane Eyre ends up confined in the attic of a her husband's country house Antoinette too finds herself in similar circumstances. Many reviewers have examined the "feminine" and "masculine" aspects of Jane Eyre. The novel has been found to evoke 'charm' and 'power' (Boumelha p.2). Some consider its strengths

Brand Personality, Voice & Messaging Essay Example | Topics and Well Written Essays - 250 words - 1

Brand Personality, Voice & Messaging - Essay Example For instance, the brand manager will use a concept such as â€Å"inner attractiveness and beauty is what emerges when you eat ABC restaurant pizza.† The advert will create a direct link between the company’s product and personality. The ABC restaurant intends to identify the voice that will clearly define its pizza. The voice will be attractive and will aim at advancing the product popularity over its competitor’s pizza. The use of appealing voice will be of the essence in attracting a huge number of potential customers to the company’s brand. The promotion voice will also help in sending the advertisement message in a clear manner to customers from various social and cultural backgrounds. The use of attractive voice will also aim at creating dialogue between the company managers and potential consumers. The ABC restaurant will also create a messaging map by describing the target audience and market. Although social network has multilayered audiences, the company will use clear messaging mapping in describing its target consumers. Identifying the target consumer will be vital in facilitating reliable interaction between the company and target consumers. Moreover, the restaurant intends to identify and engage in productive interaction with the target market. Productive interaction with the target market will be effective in associating potential customers with the company’s

The Mediation and Arbitration Process Essay Example | Topics and Well Written Essays - 1750 words

The Mediation and Arbitration Process - Essay Example The process of arbitration and mediation as methods of resolving dispute has a long history. It began long before the 20th century. Long before the white man conquered what is now the United States of the indigenous American tribes as a means of resolving disputes within and between different tribes. The first U.S president, George Washington, also used arbitration. He had an arbitration clause in his will that stated that incase of any dispute arising from the wording of the document a panel of three arbitrators should be set to give binding decision to resolve the dispute. He stated that the decision made by the arbitrators should be as final and binding as any decision made the supreme court of the United States. The first arbitration clause to be used in a labor management document in the United States history was made by the Journeymen Cabinet-Makers from Philadelphia. It was more of an interest arbitration clause than a grievance clause. In addition, the United Mine workers of America (UMWA) formulated a type of grievance arbitration clause that was adopted by the delegates and placed in its constitution at the UMWA’s founding convention of 1890. Studies conducted in the United States unionized sector have shown that a number of collective bargaining agreements that contain arbitration as a means of dispute resolution (grievance arbitration) has been on the rise. For instance, in 1944 the bureau of Labor statistic showed that 73% of all labor contracts in United States had arbitration clauses .

The role of the entrepreneurial personality in developing a fashion Dissertation

The role of the entrepreneurial personality in developing a fashion brand - Dissertation Example 3.6 Problem solving 4.3.7 Self-efficacy 4.3.8 Locus and control 4.3.9 High need for achievement 4.4 Burberry’s financial performance 4.5 Summary 5.0 Conclusions 5.1 Chapter introduction 5.2 Research objectives 5.3 Implications of research 5.4 Implications for practice 5.5 Revisiting the limitations 5.6 Directions for future research 5.7 Chapter summary Abstract This paper represents a case study that focuses on a specific fashion brand in defining the characteristics that form an important part of the entrepreneurial personality. ... It focuses on the research questions by providing information on the characteristics of the entrepreneurial personality; the type of personality to be utilised in developing a successful fashion brand; the type of personality that entrepreneurs associate with successful fashion brands possess; and whether financial performance corresponds with entrepreneurial personality. This successful fashion brand has received a number of accolades over the years and is responsible for a number of innovations in the fashion industry. The attributes that have been used by various researchers and that have proven to be common among them have been used as a basis for expounding the distinctive characteristics of the company. These characteristics are some of the things that have contributed to the brands distinctive capabilities. List of tables 1.0 Introduction According to Chell (2008) the term entrepreneur has been in the literature from as early as the 19th century with different economists inclu ding: Say (1821); Amasa Walker (1799 – 1875); Marshall (1920); Ludwig von Mises (1881 – 1972); Schumpeter (1933); T.W. Schultz (1902 – 1998); Shackle (1979); Kerzner (1982); and Mark C. Casson (1982) – all of whom have given their perspectives on the characteristics of entrepreneurs. There have been differences but Chell (2008) indicates that they have all recognised and inferred several psychological and behavioural characteristics of entrepreneurs that set them apart from other people who own businesses. These characteristics include ‘foresight, a keen awareness of possibilities, a creative imagination, confidence in their decision,’†¦ ‘and an agent of

Contract and tort Essay Example | Topics and Well Written Essays - 2000 words

Contract and tort - Essay Example In the past, liability was automatically imposed for causing injury to another, and this was the province of tort. On the other hand, contract law applied liability, only if there was consent among the parties. However, there is some commonality between the contract and tort laws. This has induced some plaintiffs to proceed against the defendant, under one of these laws. Although, it is not permissible to recover damages twice for the same injury, claimants have taken an active interest in exploring the possibilities offered by these two bodies of law. In fact, a plaintiff may recover by suing in contract, in order to circumvent some difficulty presented by the tort law to his action.3 The situation obtaining in this regard has been clearly described in their Lordships ruling in Henderson v Merrett Syndicates Ltd. In this case the House of Lords held that the defendant company was concurrently liable.4 As such, the defendants in this case were held liable under both contract and tort law. ... Syndicates Ltd directed that irrespective of the relevant nature of the damage,5 concurrent liability betwixt contract and the tort of negligence was to be conceded.6 The situation prevailing, on account of the tort law has no bearing upon the law of restitution, which remains independent of the tort law. However, the tort committed does not inescapably constitute the basis of the recovery. It is the enrichment that results from the invasion or appropriation of the protected interest of the plaintiff that constitutes the basis of recovery.7 Not surprisingly, establishing the elements of the tort of interference is not indispensable for permitting recovery. It is an incontrovertible fact that new needs have arisen, which have not been adequately addressed by the traditional concepts that emerged from tort law.8 This serves to unequivocally demonstrate the independence of restitutionary claims. The principle of concurrent liability in contract and tort was recognised with Hedley Byrne & Co Ltd v Heller & Partners. In this case, it was held by the court that there could be a claim in tort, despite the existence of a contractual remedy.9 The ruling in Hedley Byrne states that assuming responsibility does not place the defendant under a duty of reasonable care to benefit the plaintiff. Jane Stapleton, an eminent legal scholar, has contended that the tort of negligence usually comes into play, with regard to a negligent failure to benefit. In such cases, it is the general practice to impose liability under the tort of negligence. As a consequence, it would be incorrect to consider such cases under contractual liability. 10 This stance is based on the notion that the commencement of the performance of a beneficial service by the defendant immediately places him in a

American Literature Essay Example | Topics and Well Written Essays - 750 words

American Literature - Essay Example (A Rose for Emily) The worth of a person is realized only by the number of people who attend the funeral of that person and Emily certainly was very lucky to have so many people attending her funeral, she was misunderstood by the people of her locality and considered insane by the majority of people in her locality. Emily suffered a lot of in her life and in she hardly speaks in the story, this goes to show that she was in a shock because the person who she loved deserted her. No one came to her house for ten years; she had no social life and never spoke to anyone. She only had her Negro servant at her house to speak to except him she never spoke to anyone in her locality. ... She was left all alone when he died; she had no companion to look after her and to provide her with emotional support. Introduction of Homer Homer was a fine young man who gets involved with Emily in the story; people of her locality spot her with Homer many a time in the story, people of her locality think that they would soon get married but it turns out the other way. Homer was not interested in marrying her, he was interested in men and hence they don’t get married. Emily was already suffering from emotional trauma and this was too much for her to take and hence she bought arsenic from the medical shop and poisoned Homer. The other people saw Homer for one last time when he entered the Kitchen of Emily’s house. She was under a lot of trauma and kept the body of Homer in another room, she used to love and maintain the body of Homer and this was how she used to get emotional support for herself. When she dies, the people break into her house and open the door which wa s locked for the last 40 years and they find a corpse of homer and â€Å"long strand of iron-gray hair.† This goes to show that she had sexual relationship with the corpse of Homer and possibly either she or her Negro servant poisoned her. Emotions and Love Life of Emily Emily was not eccentric as thought by most people instead she needed love and support which she never got from anyone. Her Father never allowed her to date and she failed to find a suitable Groom for herself. She was dejected and emotionally broken, then the twist in the story comes when Homer appears in the story, she goes around with him and believes that he would marry her and the people of her

Original writing-persuasive writing-DRAFT Essay Example for Free

Original writing-persuasive writing-DRAFT Essay Are you aged eight to eighteen and searching for the hottest and latest games? Look no further. Join CGS the computer games society and we will certainly fulfil your gaming needs. Be it Nintendo, Xbox or even playstation/2 we know what you want and weve got it. CGS has been running for a simple 3 years and has already spread its wings nationwide. With just over 2 million members CGS is undoubtedly the fastest growing games society ever. We have all the experience, the inside and out knowledge and indeed the numbers to keep you up to date with whats hot and whats not. Here at CGS we give you what you want, we take in your ideas and criticism and channel it towards giving you what you need. With the number of members we have attained here in the UK we are assured success when we choose to go international. Visit our website at www. cgs. co. uk, we have just recently refurbished the site so be sure to visit and check out the new games forum where you can discuss, debate and argue the latest issues about consoles and games. We have a new games attachment (compliments of macromedia flash player) where you and your mates can battle it out to get the highest score. With over 60 brand new free online games your sure to be entertained, and if they dont why dont you check out our other batch of brand new downloadable games and no internet broadband system is needed, they can simply be downloaded with the 56. 6kb of your average computer. We also have the latest movie and games downloadables including pictures, backgrounds and wallpapers also for you to enjoy. Enter the new chat-rooms where we have a full-proof system of no one being able to see your details so you are completely protected. CGS was founded in 2001 by a group of young teen game fanatics. They had a large collection of games (300) between the four of them and they, just like you, loved playing, swapping and talking about games. Wherever they would go they would dispute about what was the coolest game out. They would test out each others games and criticise it. Sometimes they would hold tournaments and invite loads of their mates around. Soon they had their own sub-culture in school like the grungers, nerds, dossers and townies, they were known as the game-boys. More and more people started to join their little clan until it grew and they gave their selves a new name, CGS computer games society. They told their parents about the success of their group and they found out they could make a career out of this. Opportunity came their way when one of their parents company were looking for a new business opportunity. The father pessimistically agreed to ask the company if they were willing to sponsor CGS, much to every ones surprise the company agreed. As you can imagine they were over the moon and CGS has been an absolute success ever since. The boys, who were at the time sixteen are now nineteen year old young men who are doing what they love and getting paid for it. This is every young game fanatics dream and you can be a part of it. CGS is paving the way for young gamers giving you articles on careers in gaming yes thats what I said, careers in gaming, from games tester to official games critic. To be a games tester all you need to do is fill out a form that can be found on the CGS website. Unfortunately you have to be over eighteen to be an official games critic but dont let that demoralise you as there is probably a lot more game watching than playing! Apply now to make your dreams come true. Here at CGS as you can imagine we get a lot of post and email on how to make the company better suited for you but recently weve been getting post and email specifically telling us about rumours for the CGS magazine. Well we can definitely tell you that those, outrageously, notorious rumours are. TRUE. CGS are most definitely looking forward to publishing the first issue of the CGS magazine. The new magazine is fantastically entertaining with full graphic screen shots, published reader articles, amazing news on all the latest gossip for the new games and consoles, great new competitions with mind-blowing prizes. Be sure to carry the first ever issue of CGS magazine and enter the competitions so you can be in with a chance of winning one of the three top prizes; a fantastic holiday for you, an adult and 3 of your mates to Japan to visit the international centre of Nintendo in Tokyo, or you could win a trip to the XBOX party in London where you can test out there newest releases and get a wild goody bag, or you could even win a chance to come to CGS head quarters and interview our CEO and the founders of CGS. You must agree these prizes are undoubtedly cool! And you can enter, just simply log on to our website and subscribe to the new CGS magazine out on the thirteenth of September and with these few easy steps you could win one of these wicked prizes. As you probably have now established CGS is what everyones talking about and a full platinum membership is definitely top dog this Christmas. So grandma, dont go and knit them a grotty, un-cool woolly jumper, simply log on to the CGS website and apply your grandkids to the platinum membership where they will be in with a chance of winning the top prizes, a full monthly subscription to the brand new CGS magazine and much, much more. For more details please contact us at our free call 24 hour hotline; 0800-477 477.

Child Life During the American Revolution Essay Example for Free

Child Life During the American Revolution Essay During the American Revolution, children were not a big involvement in it, but, they were still active during it. Well, during this time, there was not really a good schools system for children. Boys were usually out working a job or going to school. They did most of the money work out of all the children. Also, while the boys were working, the girls were at home learning proper etiquette from their mother or a house slave. Girls were taught to be very lady-like during all hours. It was very rare to see a girls go to school getting a proper education. Lastly, some of the older boys were out fighting in the Revolutionary War. Boys would do war work at a young age back then. One thing that boys did during the American Revolution is go to school and get jobs. Their type of school system during the American Revolution was not like our school system today. In the late 1700s weren’t as structured, settled, and complicated. At the schools the boys went to they learn mostly about Christianity and how to read and write. Boys went to grammar school and college. There was a public school that was free for education and then there was a private school that you have to pay. People in the Middle Class and Upper Class were usually the only class of people that attended school. Back then, school wasn’t mandatory. If a boy wasn’t in school he would usually be working. It was usually a low paying job because money was limited during the American Revolution. There are very few jobs that a boy (not a man) can get during the American Revolution. One of the only jobs a boy could get is a place in the war. As in, they’d be participating in the Revolutionary War. One thing that girls did during the American Revolution is staying at home learning proper etiquette. They’d usually learn this from their mother. If they were in a household where slaves were treated respectably and knew how to read and write, (for example, how Miss Mary Finch treated Isabel and her family in the book Chains by Laurie Halse Anderson) then sometimes an elderly house slave would teach her while her mom is gone. Sometimes when a family doesn’t own a slave they stay home and clean, usually. It was very rare for a girl to have a proper education in this period of time. Girls were not allowed in in grammar school or college, but most girls still knew how to read and write. I a girl waned to have an education whatsoever she would have to attend a homeschooled education. Homeschooled girls were not educated at the same level the boys that went to school were. The girls were taught religion too, but, hey were only taught simple math and simple English. They weren’t really taught anything complicated. Lastly, a common job that a boy would get during the American Revolution is going into the Revolutionary War. Though most of the men fighting in the war were from the ages 8 to 50 or 60, there were boys that were 12 at the youngest. The actually had a pretty important job in the war. Most of the 12, 13, and 14 year olds were â€Å"drummer boys†. The drummer boys made â€Å"field music† for the soldiers. The drums were an important means of conveying orders to the soldiers on the battlefield. Some children were â€Å"powder monkeys†. â€Å"Powder moneys† are the people whose job was to run and carry powder charges from the lower ship below the waterline to the gun crews shooting the cannons during the battles. The older kids (about 15 or 16) went out to sea as midshipmen. A midshipman is a navel cadet. As you can see, children weren’t handed that many opportunities during this period of time. There weren’t children out playing with their friends, going to the movies, etc. They were very limited to what they could do. Boys could, really, only go to school or get a job. Girls just stayed home and rarely go a proper education. Also, boys could join he war. The child life during the American Revolution was very limited.

Violence in Films | Analysis

Violence in Films | Analysis Violence is an important part of films in order to depict the sensational and explicit appeal. Films under the genre of gangster and war featured violence as the central theme of the film. The featuring of violence in these movies had to be accounted and was justified rationally. During the world war 11, Hollywood and the OWI made films were in American involvement in that war was justified and every concept or task undertaken by them in the film was made justifiable. The Americans were shown as duty bound officers performing their duties, righteous heroes who were fighting against oppression and dictatorship. Americans were considered the heros as they possessed the right stuff that made them first in their own place. Some of the ways the justification was made were that of 1. Thematic justification: in this, the theme of the movie or the background will show social disorder and loss of control in the country, and war is used as a way to bring peace and order to that country. thus violence is justified as it is bringing social order and resulting in a positive outcome. 2. Violence as a necessary part of patriotism : all soldiers of war are shown and praised as heroes in the movies. thus during the time of war, fighting was seen as a way of expressing your patriotism for your country and the violence involved in fighting was seen as necessary part of being patriotic. 3. Ideological justification: the USA justified the violence and killing in war by providing ideological excuses such as we fight for the right to be free, we fight for democracy etc. 4. War as a rite of passage: under this justification, the hero or the character will be shown as an irresponsible, carefree teenager who goes to war to fight and learns the lessons of life there. after fighting in battles, the boy comes back home as a wise and mature man. thus violence is playing the role of a teacher, transforming juvenile boys into responsible citizens. and thus, violence is justified. 5. Alienation and dehumanizing the enemy : here, the enemy is not seen as human and is portrayed as evil and monstrous and thus killing them is justified. 6. Portrayal of hatred with the Japanese and likeness with the Chinese: Though the Japanese and Chinese look alike, Hollywood films only show hatred toward the Japanese and not the Chinese. this bias could be because china became part of the allied forces and the USA saw the Chinese as friends in the war. 7. Oversimplified Dichotomy : a war is a result of many complex problems. there is good and bad in both sides in the war. thus, it becomes difficult to choose which side to support. but Hollywood war film would over simplify complex situation in to a simple choice between good and evil: showing the USA as good and the enemy as bad, thus forcing audiences to support the USA in the war. this is also a bias that can be observed in most war movies. The 3 Hollywood films selected by the subject to analyze and identify the presence of the above parameters of justifications are: Full metal jacket Saving private Ryan Inglorious Basterds __________________________________________________________ Film 1 FULL METAL JACKET Short Introduction: this movie was produced during the 1987s. Directed and written by Stanley Kubrick, it is an adaptation of the novel The short Timers. The film follows a team/unit of US Marines through their training and the experiences that the 2 marines of the team in the Tet Offensive during the Vietnam War. The title of the movie refers to the full metal jacket bullet used by infantry riflemen. Analysis: The movie in its totality is astonishingly beautiful yet insane. It is an epic piece that shows the inglorious indignities of the war. There are numerous scenes that are violent and yet justified to be shown as per the thematic justification. In this, the theme of the movie or the background will show social disorder and loss of control in the country, and war is used as a way to bring peace and order to that country. Thus violence is justified as it is bringing social order and resulting in a positive outcome. There are numerous rape scenes, smoking, profanity, drug, nudity, intense explicit along with heavy gore violence. The movie tries to show that violence does not solve violence. Even though the absurd and explicit scenes throughout the movie depict portrayal of violence, the movie through these scenes tries to show the dark side of human behavior. Violence in the film can be seen when a couple of men are punched in the groin by the drill instructor. Also a man shooting his dri ll instructor in the chest, shows blood splattered all around the place, the shooting takes place due to the intense suffering and frustration they go through, followed by which he puts the gun in his own mouth and pulls the trigger. The movie in itself shows Violence as a necessary part of patriotism wherein in all soldiers of war are shown and praised as heroes in the movies. . The movie best captures the absurd dehumanization involved throughout the war and also through the training periods, endless pre battle waitings and the bloody cleanup after the violent war. The dialogues in the film also show the extent to which the opponents or the characters are verbally dehumanized through vulgarity and unspeakable racial dialogues. The movie depicts the dark side of human nature and dehumanization. There are themes of dehumanization and human evilness depicted throughout the movie through its gore violence. Full Metal jacket gives a chance to explore the dark side of human psyche and violent nature of humans. There is no limitation to the heroic play of ambition. War is considered as a platform to fight and show the manliness in one self. There is training to men who come from different background and socio economic status. Learning to fight is justifiable were in men fight to protect, be it from anything. This shows that fighting is considered manly, and going out to fight in the war is manliness. It is basically the rite of passage which shows the hero or the character will be shown as an irresponsible, carefree teenager who goes to war to fight and learns the lessons of life there. After fighting in battles, the boy comes back home as a wise and mature man. Thus violence is playing the role of a teacher, transforming juvenile boys into responsible citizens. And thus, violence is justified. The punch line of the movie in itself shows the characters (men) are born to kill ! This also in a way describes the Ideological justification involved in the film. Here the USA justified the violenc e and killing in war by providing ideological excuses such as we fight for the right to be free, we fight for democracy. Hence the war is justified by them as a reason to achieve something that they think is important. During the time of war, fighting was seen as a way of expressing your patriotism for your country and the violence involved in fighting was seen as necessary part of being patriotic. The intense violence in the film is thus justified in its portrayal and that it is a very important component to the film .The movie shows a lot of men dying. Be it from the opponents or the party themselves, a lot of bloodshed and yet fighting despite having lost every resources proves the patriotism involved. Fighting in the war is justified as fighting for the country. This itself shows killing and bloodshed is a part of their patriotism and right to fight for their concern. The intense bloodshed and negativity against the killers shows hatred against them and how killing them and plotting against them is justified. The movie makes us to think that there is a reason why this is happening and that the characters are doing what is right and what ought to be done. It is shown as good , the complexity in understanding the entire sphere to the film is simplified by just showing the character as superior, logical and having done something that is right and that needs to be justified whether one likes it or not . There is a sense of dichotomy involved. A war is a result of many complex problems. There is good and bad in both sides in the war. Thus, it becomes difficult to choose which side to support. But Hollywood war film would over simplify complex situation in to a simple choice between good and evil: showing the USA as good and the enemy as bad, thus forcing audiences to support the USA in the war. This is also a bias that can be observed in most war movies. ___________________________________________________________________________ Film 2 SAVING PRIVATE RYAN The movie is a screen play by Robert Rodat, and directed by the famous Steven Spielberg. It is an epic World War II objective story. Analysis: This movie is very intense, has incredible violence, brutality, messiness and dark side involved in it. The most intense parts of the film are the battle scenes. The movie is all about a group of American soldiers in World War II, who are being appointed to find, hunt and bring back Private James Ryan who is supposedly fighting somewhere in the French country side. Through the search the movie depicts the various incidents that the men appointed for the mission encounters, which also leads to death of many of the men. This shows that fighting for a cause is justifiable. Thus the USA justified the violence and killing in war by providing ideological excuses such as we fight for the right to be free, we fight for democracy we fight for a reason etc. Hence the plot in itself ideologically justified what is featured. The film throughout contains clips that depict infliction of pain and serious physical harm which are lengthy, frequent and very gory in nature. The most notable one is that of the one in the opening shot of the film. The shots starts of with the US forces landing on the Omaha Beach on the D day, which is realistic in terms of the horror of war, the injuries and fatalities involved then ,the scene lasts for 25 min. Every man in the film is depicted either dying or dead. The injuries inflicted are horrible in nature. The most memorable are the scenes that involves a man holding on to his arm that is blown off in a bomb blast, a man who is still alive on the ground with his entrails spilling out and also a scene were a solider is dragging another injured solider to the beach only to realize when he turns back that he is dragging the feet of the solider which is blown off in the blast. Hence the very depiction of violence in the movie is justified. Thus, the most interesting character in the film is the sniper played by Barry Pepper, who calls on God for strength in shooting the enemy. Thus the film throughout shows dead bodies, bloody everywhere, bodily part scattered and sometimes making the audience disgusted to look at the gruesome projection of the dead soldiers from both the parties. This explains the extent of violence and bodily violence and gore that is projected in the film, is somewhere justified as part of dehumanization and hatred against the enemy. The mission and the hunt throughout the film show the patriotism they have towards their country and men of higher order. Thus the violence involved in the mission and their patriotism that keeps them driving despite the violence is commendable. all soldiers of war are shown and praised as heroes in the movies. thus during the time of war, fighting was seen as a way of expressing your patriotism for your country and the violence involved in fighting was seen as necessary part of being patriotic. The movie shows how the men are trained for the war, and how the new entry/freshers struggle with the lifestyle involved and that fighting for the country and putting up with the violence is not an easy task .It is a mans thing and requires strength and determination. The patriotism and the extent to which men fight and give up their lives for the country and higher personnels shows how men mature over a period of time and fighting in the war is manliness and changes their way of looking at life. It is a passage of rite. The war in the movie is a result of many complex problems, along with the search mission. There is good and bad in both sides to the war. Thus, it becomes difficult to choose which side to support. But the Hollywood war film would over simplify complex situation in to a simple choice between good and evil: showing the USA as good and the enemy as bad, thus forcing audiences to support the USA in the war. This is also a bias that can be observed in most war movies. The film shows how USA s off to rescue one of their men and how justifiable they are in everything that happens or that they do throughout their journey. There is a sense of over simplifying the dichotomy. It is left to the audience to perceive the right or wrong, but the projection done by the USA gives a glance into how they justify everything they do ___________________________________________________________________________ Film 3 INGLORIOUS BASTERDS The film is one of the best known war movies, which full violence to it. The film is visually graphic in terms of the explicitly involved in it. Violence in the movie is part of the war and in the fight mission to kill Nazis. Hence violence is justified as part of the war. There are very intense scenes like in the beginning were people are shot through the floorboards, there is bloody mist and a girl running covered in blood. The strangulation, scalping of the Nazis, beating the Nazi with a bat and a baseball hitting and cutting of throat, and scalp of the head are some the extreme violence openly displayed in the film. This also shows to the extent that enemy is dehumanized and alienated, there are scenes that show the extent to which they are treated as non humans where in someone shoots in the face multiple times and the skin is lifted off the face, these torture techniques show how the enemy is dehumanized. Also towards the end, the symbol of the swastika is craved on to Waltzs f orehead, symbolizing evil. All this denotes/ communicates human tragedy dehuman. All this shows how violence is justified and how patriotic they are in accomplishing their task through any means. The movie in itself lists a lot of propaganda that is used to get their motives. Scenes where they show, Lieutenant Aldo Raine ,who assembles a special unit of Jewish-American soldiers to get to their mission, standing on a heap of dead bodies with pride, shows victory, war and killing as celebration and how creating social order can gain back control. He represents the macho man who has set out on a war and achieved the purpose and thus justifying war as a rite of passage. A sense of thematic justification is seen in the film. Eg:In the teaser, Pitt tells his troop that they are going do one thing and only one thing which is killing the Nazis. And he states that they are going to be cruel as this will show them who they are in real. He asks his troops under him to get him at least 100 scalps. The movie justifies the violence and killing in war by providing ideological excuses such as we fight for the right to be free, we fight for democracy etc. The extent of cruelty can be seen here. In order to kill the Nazis, any means to achieve social order or their motive and control is adopted. In this, the theme of the movie or the background will show social disorder and loss of control in the country, and war is used as a way to bring peace and order to that country. Thus violence is justified as it is bringing social order and resulting in a positive outcome. Violence and hatred is shown at its peak here. The protagonist takes pleasure in the violence that is being undertaken. The film glories Vengeance, revenge, disrespect to humanity in every shot. The movie oversimplifies the dichotomy by proving that they are out there to kill Nazis and they are justified in killing their enemies in the most brutal way. They put across this in a way wherein they are the superior power who knows what steps need to be undertaken and in what way. But they put it across as the right, good way of how they have fought it out. Hence leaving the audience dazed with choice of their own to react how they feel like to the extent of cruelty and brutality that the movie depicts.

Colonial America Essay -- essays research papers

Religious Freedom in colonial America   Ã‚  Ã‚  Ã‚  Ã‚  Religion was a very important part of everyday life in colonial America. Sometimes people were not allowed to question what they were taught, and if they did so they were punished accordingly. Before 1700 some colonies had more religious freedom then others. While others colonies only allowed religious freedom to a select group, others allowed religious freedom to all different kinds of religions. In the overall there was quite a bit of religious freedom in colonial America   Ã‚  Ã‚  Ã‚  Ã‚  First there is the colony or Rhode Island, which was started by a man, named Roger Williams in (1636). It did not become an official colony until (1644) when it then received a charter from Parliament. Williams welcomed every one; he guaranteed religious freedom to everyone even the Catholics and the Jews. Williams also granted religious freedom to the Quakers, even though his own views were very different from those of the Quakers. This was truly the most democratic of all of the colonies. Williams did not demand mandatory attendance at services, or oaths regarding religious beliefs. Rhode Island was truly the first example of religious tolerance and freedom of opportunity. Second there is the colony or Pennsylvania (1681). Pennsylvania was founded by an English man named William Penn. At first, Pennsylvania guaranteed religious freedom to all residents of the colony. Later on however, London started givi...

Antigone as a Tragic Hero Essay -- essays research papers

Antigone as a tragic hero The debate over who is the tragic hero in Antigone is unanswered. The belief that Antigone is the hero is a tough one. Antigone is widely thought of as the tragic hero of the play bearing her name. She would seem to fit the part in light of the fact that she dies for doing what she believes is right. She buries her brother without worrying what might happen to her. Unlike Antigone, Ismene says â€Å"And break the law, our death will be more shameful even then theirs† (pg.5 line 60). In Sophocle's Antigone, the characters show a variety of traits. However, Antigone's life of aspiration, family of noble rank, and display of good mentality portray her as the tragic hero of the story. A tragic hero has haughty, opulence, and perfunctory. A tragic hero must include thre...

Eros Essay example -- essays research papers

In the Poem, EPƒÇƒÃÆ', by Robert Bridges, Eros is referred to as an  ¡Ã‚ §Ã‚ ¡Kidol of the human race ¡K ¡Ã‚ ¨ with a perfect form and looks, however, he bears no expression on his face. On the other hand, in the poem, EROS, by Anne Stevenson, Eros is portrayed as a  ¡Ã‚ §thug ¡Ã‚ ¨ with a bruised and  ¡Ã‚ §patchy ¡Ã‚ ¨ appearance. I believe that although both authors are trying to convey the same message, they choose different ways to go about it.   Ã‚  Ã‚  Ã‚  Ã‚  In the poem by Anne Stevenson, I believe that she is trying to show that while people, especially the narrator, were constantly asking for help and calling upon the gods, they were not thinking of others, but more so their own personal problems. When Eros first appears to the narrator, she is shocked and in disbelief of his appearance. Eros tells the woman that he has that form due to all of the feelings she and others have directed in his direction. He then tells the girl that since it is the gods that control the fate of man, they are the ones that take all of the blame for things not going well, and that is reflected upon their bodily form. I think that the author was trying to show that from the scorn of man, the gods were receiving these verbal beatings that resulted in physical marks, and to show the selflessness of the gods as well. This is done when Eros tells the girl that it is better for him to be all bruised than for her to not have love.   Ã‚  Ã‚  Ã‚  Ã‚  However, when comparing the work of Anne Stevenson ... Eros Essay example -- essays research papers In the Poem, EPƒÇƒÃÆ', by Robert Bridges, Eros is referred to as an  ¡Ã‚ §Ã‚ ¡Kidol of the human race ¡K ¡Ã‚ ¨ with a perfect form and looks, however, he bears no expression on his face. On the other hand, in the poem, EROS, by Anne Stevenson, Eros is portrayed as a  ¡Ã‚ §thug ¡Ã‚ ¨ with a bruised and  ¡Ã‚ §patchy ¡Ã‚ ¨ appearance. I believe that although both authors are trying to convey the same message, they choose different ways to go about it.   Ã‚  Ã‚  Ã‚  Ã‚  In the poem by Anne Stevenson, I believe that she is trying to show that while people, especially the narrator, were constantly asking for help and calling upon the gods, they were not thinking of others, but more so their own personal problems. When Eros first appears to the narrator, she is shocked and in disbelief of his appearance. Eros tells the woman that he has that form due to all of the feelings she and others have directed in his direction. He then tells the girl that since it is the gods that control the fate of man, they are the ones that take all of the blame for things not going well, and that is reflected upon their bodily form. I think that the author was trying to show that from the scorn of man, the gods were receiving these verbal beatings that resulted in physical marks, and to show the selflessness of the gods as well. This is done when Eros tells the girl that it is better for him to be all bruised than for her to not have love.   Ã‚  Ã‚  Ã‚  Ã‚  However, when comparing the work of Anne Stevenson ...

Positive behaviour Essay

2. Be able to support positive behaviour 2.1 Describe the benefits of encouraging and rewarding positive behaviour: Rewarding positive behaviour comes with many benefits. The main benefit is that it encourages the child to behave in an acceptable way as they will want to receive the rewards for doing so such as stickers, or being able to choose a story/activity. With the children behaving in the correct way the atmosphere of the nursery is going to be much more pleasant and relaxed and allow the nursery assistants to teach and carry out activities effectively without any disruptions, meaning the children will be receiving high quality levels of education and care. This also relates to home atmosphere as well. If a child is being brought up in an encouraging and rewarding environment rather than one focused on punishments for bad behaviour the child is going to come to nursery and carry on with their good behaviour and know what is expected of them, and thus the consistency is imperative. Another benefit is that the children are learning from each other so by seeing a child being rewarded for good behaviour, it is going to make them want to behave in the same way so that they can also receive rewards. Children may try to use bad behaviour as a way to gain attention from their teachers so it is very important that you give them attention when they are behaving in the proper way, so that they learn to stop the bad behaviour as it will not give them the attention the want. By praising and encouraging the children, it will make the children feel good about themselves and become more confident and encourage them to work harder in the future.

Indian Cuisine

Indian culinary art Think of India and one of the introductory things that experience to mind is its diversity. A large thickly ranktled country divided into m on the whole states separately with its own unmatched traditions and gastronomic f ar. Indian readying is one of the most normal cuisines across the globe. Not only is it popular among the large Indian diaspora but as well among the master(prenominal)stream population of north-central America and Europe. For the uninitiated, Indian solid regimen may seem fo loom, scary, tooth just about and non for the faint of heart. This paper aims to explore many of the facets that suck up Indian cuisine and hopefully tout ensembleay any mis creationions or fears that may exist.The chapters ar causality under the following sections 1. The Evolution of Indian Cooking 2. Geographical Variation 3. forageetic Customs in India 4. The Story of Spices 5. season What is it? 6. Indian dine Etiquette The Evolution Of Indian Cooking Indian cuisine derives from a 4000 year timeline. It has of importly evolved as a result of the various influences introduced into the country by many travelers and rulers. Despite this evolution, it has non woolly its original identity, but rather became richer with the c erstntration of theses varied influences.The following historical timeline (Bhattacharya, n. d. ) of how Indian gastronomy evolved will help shape our intellectual and appreciation of this training style. 2000 BC and earlier. close to hatful moot that the origins of Indian history, and consequently the cuisine, dates back to Mohenjedaro and Harrapan civilizations. It is understood that the Ayurvedic tradition of planning, which is a complete holistic approach to cooking, evolved at this point in time. In Vedic times, a normal diet consisted of fruit, vegetables, amount, grain, dairy farm products and honey.Over time, some segments of the population embraced vegetarianism imputable to the anc ient Hindu philosophy of ahimsa. cat valium BC. At this point we see the first inflow of outsiders into the country. The Mohenjodaro people be believed to allow been pushed to southern India and the cuisine in that location is til now for the most part vegetarian. The root of Hinduism atomic number 18 do at this point along with the Vedas and the Mahabharata. The order system is developed dividing ingest habits generally by caste. For example the Brahmins were mostly vegetarians succession the Kshatriyas were m work through eaters. 400 BCThis current saw the development of Buddhism outside India which resulted in the migration of people as well as their food and dietary requirements. 1200 AD This stage saw some(prenominal) north Indian dynasties rule and became known as the deluxe Age of Indian Art. There were several travelers who visited India and were responsible for the introduction of tea. However, from a culinary perspective there ar hush no signifi backsid et external influences brought into the country. 1200-1800AD During the reign of the Moghuls we see the emergence of Moglai cuisine. Its this emblem of cooking that people now connect with India.The cooking style is char strikeerized by the accessory of several seasonings analogous saffron and nuts. The influx of European influences into maps of southern India, such(prenominal)(prenominal) as Kerala, resulted in the beginning of the Syrian Christian cuisine. 1800 1947 AD The age of British colonial rule saw the stolon of the English love affair with Indian food. It was hardly a glorified effect in Indian history, but the British loved the elaborate way of have and adapted several of the food choices to their taste. They developed the dress out as a childly gaminess to help them cook Indian meals.Geographical Variation The cuisines of India are as richly diverse and varied as its culture, ethnic makeup and geography. According to Sarakar (n. d. ), the ordinary characte ristic of all Indian cooking is the tremendous utilisation and blending of a variety of wonderfully exotic spices. As a land that has experienced extensive immigration and intermingling over the centuries, Indias cuisine has benefited from many food influences. The diverse climate which ranges from tropical to alpine has in addition helped broaden the set of ingredients acquirable for cooking.Northern India North Indian cuisine is distinguished by a proportionally high use of dairy products. The tawa, or griddle, is use extensively for baking flat breads like roti and paratha. A tandoor oven is also frequently used to cook main courses like chicken. Goat and lamb are favored ingredients of many northern Indian recipes. The samosa, a common appetizer on all Indian restaurant menus, has its roots in northern India. The fix food of most of north Indians are a variety of lentils, vegetables, and roti.Common north Indian foods such as kebabs and meat dishes originated with the Mus lim incursions into the country. The influence of Europeans is also apparent with the cornerstone of new dishes like chicken tikka masala which is real a British invention during colonial times. Eastern India In the eastern part of India there is a large oriental person influence resulting from an influx of movement from Tibet and Nepal. each(prenominal) of these influences helped form the dietary usage in eastern India. Popular food is this locality is a unique blend of vegetarian meals lively in the traditional Chinese cooking style.Rice and fish are the staple foods because most of the towns and fishing villages are set(p) on the coast. Southern India Southern Indian cuisine is distinguished by a greater emphasis on sieve and the liberal use of cocoanut, coconut petroleum and do leaves. Before Christianity came to India in the proterozoic 52 AD, Kerala was strictly vegetarian as adjust by Hinduism. However, afterwards the visit of St. Thomas, Christianity promptly sp read throughout Kerala and thus the diet evolved to also overwhelm meat. Western India The geography of the landscape and the culture of the people definitely influenced the regions cuisine.Rajasthan and Gujarat have hot, alter climates so the relatively smaller varieties of vegetables available are pre dod as pickles and chutneys. culturally these states are largely Hindu and vegetarian. Peanuts and coconut are prominent ingredients as they are freely available. Goa, with its lush green coastline, has an copiousness of fresh fish and seafood. Local dishes like Vindaloo are testament to the fact that Goa was a Portuguese colony until the 1960s. This region belike has the most diverse styles of food in India.Food from the Rajasthan area is spicy and largely vegetarian but includes many meat dishes. Gujarats cuisine is know for its slightly fresh taste (at least a addict of sugar is added to most dishes) and is traditionally only when vegetarian. Dietary customs in India As yo u would expect from a country as large and diverse as India, there are a variety of contrasting dietary customs. Religion is a significant contributing factor to the diets of Indians. Hinduism is the dominant piety in India making up closely 80% of the population while Muslims, Sikhs, Christians and Buddhists make up a sizeable minority. most religions impose dietary restrictions which prohibit the have of beef or pork. The most commonly served dishes at Indian dinner parties and prevalent functions tend to comprise of chicken, lamb or fish as this debars any authority difficulties with restricted diets for meat eaters. Here is a general guide to the dietary customs of the triplet major unearthly groups in India Hindus Most Hindus follow a equilibrize vegetarian diet. Some do eat meat occasionally but Hindus do not eat beef out of fear for the cow as a quasi-religious animal.Strict Hindus will also avoid garlic, onions and mushrooms. Mushrooms are thought to promote ign orance, whilst garlic and onions are thought to invoke passion. Muslims Muslims cannot eat pork, lard or any opposite porcine derivatives. Islam prohibits eating meat that is not slaughtered in the correct Islamic way. Muslims assure the name of God before and after eating, eat with the right tump over and date it desirable to always eat in the company of others. Sikhs Sikhs do not believe in ritual killing and are instructed to avoid meat slaughtered in this way.Although in many aspects Sikhism is less prescriptive than some other religions, most Sikhs do not eat beef or pork. some(prenominal) Sikhs are vegetarian and in observance of such a variety of dietary habits, all food served in Sikh places of revere is vegetarian. Sikhism is probably the only major unionized religion which does not encourage refrain as it is viewed as having no eldritch benefit. The Story Of Spices Spices are the jewels of Indian cooking. Their flavors are designatet to be savored and should not b e overpowered by the burning star resulting from the liberal use of hot chilies.Parbhoo (1985) suggests that authentic Indian food should generally not be too hot and recommends that spices be used copiously in the same way discontinue or wine is used in French cuisine. Chilies in themselves have very(prenominal) little flavor but add to the dish by providing a sensation of enkindle which can be correct to the cooks preference. Spices have three traditional functions healthful, preservative and seasoning. Early Indian literature written in Sanskrit and geological dating back 3000 years to the Vedic blockage emphasizes the importance of spices for preserving food.The Ayurveda, an ancient Hindu treatise on medicine, places special emphasis on the medicinal properties of spices. A few of examples of commonly used spices and their additional medicinal benefits are listed at a lower place Name Uses in cooking medicinal Benefit Chilies Prime ingredient of masalas and provides the heat and employ to neutralize poison and economize hypothermia in cases of cholera. flavor. Cinnamon Used for redolence in meat, strain and pickles. Ground cinnamon bark Has anti-inflammatory that can lessen enounce and muscle pain. used in sainted dishes. Anis Seed Used in salty dishes to provide flavor. Used to aid digestion and act as a breath freshener. fenugreek Seeds Provides a bitter flavor in savory dishes. Provides relief from coughs, asthma and rheumatism. Cloves Used for aromatic qualities in meat and rice dishes. Also Used as a local anesthetic. an essential ingredient in masalas. Curry What is it? Curry is a generic wine description used throughout European and American culture to describe a general variety of spiced dishes. The word curry is an anglicized version of the Tamil word kari. several(prenominal) articles (Sarkar, n. d. Smith, 1998) suggest it is usually understood to mean windfall or sauce, rather than spices.Currys popularity in re cent decades has spread outward from the Indian subcontinent to figure prominently in internationalist cuisine. age many people mobilise that curry is a particular spice, it is actually a mix of spices commonly referred to as curry powder. This powder is versatile in both taste and flavor and varies astray depending on the region it comes from. Most people associate curry with a aglow(predicate) yellow color. This color is caused by the spice turmeric that is a common ingredient. However, not all curry powder mixtures finish turmeric and, in fact, curry powders can be as individual as the person making them.Some spices you capacity find in this mixture include chilies, cinnamon, cardamom, cumin, nutmeg, cloves, coriander, mace, fenugreek, sesame seeds, red pepper, black pepper, poppy seeds, tamarind and saffron. Oftentimes the curry powder mixture recipe is passed down from one generation to the next and is a safely watch secret. Indian Dining Etiquette Though Indian cook ing uses an extensive array of specialised utensils for various purposes, Indians traditionally do not use much cutlery for eating as many foods are high hat enjoyed when eating with the hand.It is a technique that is find fault and easy when done correctly. Cook (2008) suggests the reason for using the hands is that it adds an additional member of enjoyment to the taste because it helps with blending the food. In many parts of India, when eating curry, the gravy must not be allowed to smudge your finger only the fingertips. The left hand is not used and kept mediocre to facilitate the passing of dishes along the table. These variations are further compounded and increased by the diversity of the population India, leading to regional differences in the way people dine.In Janjiras (2009) article on Indian Dining Etiquette, he explains that in North India it is common to be seated at a dining table to eat. dapple in south India, especially is Kerala, it is as common to see peopl e academic session down and eating on banana tree leaves. The entire meal will be placed and served on banana leaves and eaten with the hand. The c one timept of courses at mealtime does not exist in India. Most Indian homes will serve the food all at once and then keep filling the dishes as dinner progresses. Everything cooked will be do available on the table with the ejection of the sweet which will follow once most guests are done eating.While general etiquette rules might suggest that everything should be tried, it is more in theory than in practice and it is perfectly fine to vamoose something which might not suit your taste. Desserts on the other hand more a good deal than not require the use of utensils. different the western world where dessert may also be followed by coffee tree or liquor the serving of the dessert would often indicate that dinner is just about over. Conclusion As evident in the above chapters, Indian cuisine has a long history of being influenced by the unique needs and tastes of its indigenous people, invaders and explorers.The food, cooking techniques and ingredients have evolved based on peoples religious needs or influenced by the accessibility of ingredients across Indias vast and varied landscape. But even after all this Indian cuisine manages to retain its unique heritage and identity in a global gastronomic landscape that tends to be fickled and faddish. Indian food is enjoyed by commoners and royal house alike and it is hoped that this paper will light the reader and allay any fears or misconceptions that may have previously prevented the take of Indian cooking.References Bhattacharya , R (n. d) narrative of Indian Cooking A Historical sight on Indian Cooking. Retrieved November 25, 2009, from http//www. inmamaskitchen. com/Indian_Cooking/history_Indian_food_cooking. html Cook, S (2008). Indian Eating Etiquette. Retrieved September 28, 2009 from http//www. india-travel-suite101. com/article. cfm/eating_in_indi an_style Curry. Retrieved October 15, 2009 from http//en. wikipedia. org/wiki/curry Indian Cuisine Origins and Indian culinary History. Retrieved November 10, 2009, from http//www. ndianfoodsco. com/Classes/CulinayHistory. htm Indian Cuisine. Retrieved October 25, 2009, from http//en. wikipedia. org/wiki/Indian_cuisine Janjira, M (2009). Indian Dining Etiquette. Retrieved September 22, 2009 from http//www. indianmusings. wordpress. com/2009/02/020indian-dining-etiquette Leong, K (n. d). The Health Benefits of Indian Food. Retrieved October 15, 2009 from http//www. associatedcontent. com/pop_print. shtml? content_type=article&content_typeid=1829365 Parbhoo, R. (1985). Indian Coookery for South Africa. drape Town, South Africa Printpak Books. Purdue University Online Writing Lab (OWL) (September thirtieth 2008). APA Formatting and Style Guide. Retrieved November 17, 2009, from http//owl. english. purdue. edu/owl/ pick/560/01/ Sarkar, P (n. d). The Cuisine Of East India An presentmen t to Eastern Indian Food. Retrieved September 29, 2009 from http//indianfood. about. com/ overage/thebasics/p/eastindia. htm Smith, D (1998). Definition and History of Curry. Retrieved September 24, 2009 from http//www. curryhouse. co. uk/faq/define. htm

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.