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Wednesday, July 31, 2019

Analyzing Pro Forma Statements Essay

XYZ Inc. In order to create an initiative for growth, an analysis of the company’s short term and long term financing needs are assessed to determine strategies for the company to manage working capital. The suggested initiative to increase XYZ Company, Inc. revenue over the next five years is by acquiring assets through a merger with UVW Company to produce more of product X. Companies must be able to manage growth either through the acquisition of assets or through the capital budgeting process. Through the acquisition of assets, external financing will be required. Growing quickly will allow XYZ Company to gain a larger market share and reinforce its viable position in the marketplace. Expanding too rapidly can have consequences. If the company has too much debt-financing and cash flows are reduced the company will risk being unable to repay its debts. Management must ensure the business can grow, what funding may be needed, and determine the sustainable growth rate. Pro Forma A pro forma statement is a method of calculating financial results to emphasize projected figures for a company. A pro forma is intended to give investors a clear view of company operations. For XYZ Company, the pro forma statements will reflect the merger with UVW to produce more of their best-selling products and adding a list of new ones. Management expects sales and costs to increase by 20 percent for the coming year. Forty-one percent of total liabilities for the company are loans payable to stockholders; therefore management is reluctant to create additional financing through debt. The company will finance the merger through sale of stocks, and liquidation of excess equipment because cash on hand is relatively small. The merger will allow unnecessary extra equipment and inventory to also be sold to finance the new, united company. Though the merger will increase sales, operating costs are also expected to rise to  meet the demand for the next five years. A substantial financial reason for a merger is economies of scale. The operating economies will be lower in the combined business firm. Benefits to a merger would include the ability to buy raw materials in bulk at lower prices, the possibility of better interest rates on loans for being a larger company, and better quality goods through a more efficient company. Though fixed costs may increase slightly, overall efficiency is expected to occur. XYZ’s current net sales are $1,747,698 and expected to grow 20% a year to reach $4,352,628 in five years. â€Å"Growth may also improve the effectiveness of the organization. Larger companies have a number of advantages over smaller firms operating in more limited markets† (Thomas, 2014). Additional funding post-merger will not be needed due to the liquidation of excess assets, and the sale of stock. Based upon the financial statements of the XYZ Company, management has decided that acquiring another business in the same industry will create a more efficient and effective company. The revenues earned from the combined business will continue to increase in the next five years. The company’s short term and long term financing needs have been addressed. Meeting payroll obligations, inventory purchases, and expansion are all included in the pro forma statement for XYZ. References Dileep, R. (2010). Forbes: The 12 Best Sources of Business Financing. Retrieved from http://www.forbes.com/2010/07/06/best-funding-sources-for-small-business-entrepreneurs-finance-dileep-rao.htmlThomas, J. (n.d). Diversification Strategy. Retrieved October 19, 2014 from http://Reference for Business; Encyclopedia of Business, 2nd ed. http://www.referenceforbusiness.com/management/De-Ele/Diversification-Strategy.html

Tuesday, July 30, 2019

Chinese Qing official vs. Japanese Meiji

Much have been told about the historical background of China and Japan, particularly on the part of their history that the Western powers intruded their land.Also, versions have been aired countless times on who really had the best policy or the best response towards the invasion of the Western powers. China claimed they are. Japan claimed they are.The debate below is hypothetically set after the Opium War when China was again subjected to Western subjugation while claiming that they had the best response towards Western invasion. Japan, on the other hand, claims the same thing.Opium WarDuring about 1830s, the Chinese government exerted much effort in halting the illegal smuggling of opium products by the Western, particularly the British. Apart from the unhealthy effects of opium smoking among the Chinese, there was a considerably economic damage that happened mainly caused by the â€Å"drainage of cash silver† from China to be paid for the illegal imports[1].The trades striv ed for a long time as millions and millions among the Chinese (simultaneous with the corruption among custom officials) got addicted to the illegal imported product. In 1838, the Chinese emperor finally did something for the illegal trade to stop—or to try to stop, at least.Given the situation, the emperor had no choice but to resort in to some sort of repression and suppression among the people of China. The emperor ordered summary executions of Chinese drug traffickers.But then, the British government still allowed the importation of the â€Å"addictive† and illegal products. The situation made the ire the Chinese government and resorted to the evil atâ€Å"CHINESE QING OFFICIAL VS. JAPANESE MEIJI† PAGE#2its roots. It was during the time of Lin Tse-hsu, the special Imperial Commissionerwhen the rage heated up.   The Opium War was just an introduction into more complicated events that came.Below are the hypothetical claims of both China and Japan of which of them employed or implemented the best response or policy towards the Western invasion after the Opium War while their country faced the threat of further invasion.Letter to Japanese Meiji (from a Chinese Qing Official)ATTENTION: MEIJI EMPEROR OF JAPANThis letter is intended to be read by any Japanese Meiji official. This is to manifest that it was China, particularly us, the Qing dynasty who did the best response towards the Western invasion after the Opium War.I am writing this letter not just to boast but to put everything in place.China has been described by some historical accounts as a country which has been found to have a string of â€Å"humiliating defeats.† This speaks very well on the part of the history timeline when Japan and the Western powers claimed victory over the domination of some parts of China.And I think it is about time to correct what has been said against China although some people do not consider history as an important matter.In terms of internation al strategy and ideal response, I can proudly claim that the Qing emperor’s response or policy was the best way against the Western invasion.The Qing emperor was determined to maintain the autonomy of China and to protect China from further invasions especially of the Western powers. Also in the nineteenth century, China experiences setbacks in it economy. In the same time period, China tradingâ€Å"CHINESE QING OFFICIAL VS. JAPANESE MEIJI† PAGE#3system was monopolized by the Portuguese and then Spanish, French, and British traders followed the trend. [2]China stood firm against further invasion, so in the trading system, the West was pushed to follow certain trading guidelines which were centuries-old guidelines imposed by the Chinese.[1] Ha, Zhang. â€Å"Understand and Treat with Historical Issues Correctly†.   2005. April 14 2007. .[2] Chinese Repository. Vol. 8, February 1840.   

Monday, July 29, 2019

Changes in the US and national poverty rates Essay

Changes in the US and national poverty rates - Essay Example It means that 37.3 million people were poor in the year 2007 and in the year 2006 the figures touched upon 36.5 million poor people (DeNavas-Walt, et al 2008). As per the figures published in the Bureau of Census report, nearly 43.6 million comprised of all shades of Americans, were facing deep poverty in the year 2009. It has increased comparatively if we take into account the poverty of 39.8 million in the year 2008. This has increased 15.1% in the year 2010. In the year 2009, it was 14.3% (DeNavas-Walt, et al 2010). A chart is displayed as under showing the census report regarding poverty ratio increase. The poverty ratio reportedly varies from segment to segment. In white, it is 9.9 percent. In Blacks, it is 27.4 percent. The people living, in deep-rooted poverty is around 6.7 percent. The increasing poverty rate speaks itself, the ineffective economic policy by the incumbent of present regime and the incumbent of yester regimes. The recession and multiple challenges of employment have a direct bearing on poverty numbers. According to the Census Bureau, household income declined by 2.3 percent between 2009 and 2010. Since 2007, household income declined by 6.4 percent. The number of male who were on full time job, year around decreased by 6.6 million since 2007 and the number of female who were on full time job, round the year decreased by 2.8 million. The government assistance although mitigated some of the worst affects (DeNavas-Walt, et al 2010). In accordance with the census, nearly 3.2 million people have been benefited from Social Security Insurance. However, food stamp program was not accounted for. These figures portray only a small portion of families and communities throughout the country who at the hands of poverty suffered a lot in terms of mental and physical health. Center on Budget, Policy and Priorities impressively highlighted, the misery of people living in poverty (DeNavas-Walt, et al 2010). It is evident

Sunday, July 28, 2019

Slavery in the United States Research Paper Example | Topics and Well Written Essays - 3250 words

Slavery in the United States - Research Paper Example In 1612 English planter John Rolfe who settled in Jamestown, Virginia was credited with successfully cultivating tobacco as an export crop in Virginia. Earlier English settlers did not like the taste of the tobacco grown there. In order to improve the taste Rolfe crossed the breed from Trinidad which had a sweeter taste with the Virginia tobacco to produce a plant that took well to the local soil. Rolfe was the first to cultivate these plants in North America and its export resulted in a boost of the Virginia colony’s economy. The popularity of tobacco in England and the available land in the Virginia colony led to plantations all over Virginia. Tobacco crops could best grow on extensive farmland. Growers constantly needed additional labor. Colonial leaders wanted indentured servants. That included â€Å"20 and some odd Negroes† brought to Virginia by a Dutch ship in 1619.† Blacks had been captured in Africa and were sold at auction in Jamestown. There have been c onflicting accounts indicating how the first blacks in America were treated. â€Å"The status of the first blacks in the New World remains somewhat mysterious, and any thesis about the change in black status generates sharp controversy.† ... e were many black indentured servants in Virginia and Maryland during the much of the 1600’s there was also enough white indentured servants that were able to work the plantations in those and other colonies. However during the 1660’s the supply of white servants declined due to the declining birth rate in England. This decline resulted in increased wages for the English so many chose to remain there. In order to make up for this loss planters in the Chesapeake region would get enslaved Africans to work their plantations.4 (Slavery Takes Root in Colonial Virginia). The number of slaves would increase in these colonies as years passed. In the 1660’s slavery spread quickly throughout the colonies. There were more slaves in the South where large plantations grew cotton and other crops. Initially there were no clear laws regarding slaves and some black and white slaves were given freedom after several years. During this time the American colonies passed laws that sti pulated relationships between slaves. One of these laws forbade intermarriage between white colonists and black slaves. Another law indicated that black slaves and the offspring of female slaves would be enslaved for the rest of their lives. These laws were known as slave codes. Under the slave codes slaves were also not allowed to own weapons, get an education, they needed permission from their masters if they wanted to move, and were prevented from testifying against whites in court. (Becker) Slaves on small farms had more freedom than plantation slaves. â€Å"This premise, combined with the natural population growth among the slaves, meant that slavery could survive and grow†¦Ã¢â‚¬  (Becker 1660 section) Some reasons why Africans were chosen as slaves was because that more miners were needed, the

Saturday, July 27, 2019

Quentin Tarantino Essay Example | Topics and Well Written Essays - 1500 words

Quentin Tarantino - Essay Example He was given exposure to different kind of films and he was also influenced by the pop culture, which still influences many people. He called it a day as far as schooling was concerned at the age of 17 and wanted to pursue his career in acting, he supported himself financially during this time. When he turned 22, the genius in him started to show, he started writing scenes which were used in the practice of his acting classes and people also admired him because of his knowledge in the field of movies. All this came to him naturally, right from his childhood films played a big role in shaping up his life. Tarantino did not get success instantly; he literally wasted many years writing scripts for his debut as a director. The year 1991 saw him write Reservoir Dogs, an upcoming producer by the name Lawrence Bender took notice of Tarantino's work and asked him for a month's time to turn his work into a fully-fledged movie. All the plans became successful and the movie was shot in less tha n a month in exotic locations in Los Angeles. The movie has a star cast, which included stars like Michael Madsen, Steve Buscemi, Tim Roth, Laurence Tierney, Chris Penn and the movie was a huge success and turned around the fortune of Tarantino. 1997 saw him writing and directing Jackie Brown. The movie was based on Elmore Leonard's novel Rum Punch, the stars of the movie got nominated for academy awards and this goes to show that the film was a very successful one. "Tarantino's first career goal was to become an actor, and he has continued to play roles in his own films and in the work of others. He was the thief known only as Mr. Brown (That's a little too close to 'Mr.Shit,') in Reservoir Dogs and the jittery Jimmie Dimmick, saddled with a fresh corpse, Pulp Fiction. In the Man from Hollywood section of Four Rooms, he was a blow-hard movie director. He also played bandit George Clooney's loony brother, Richard Gecko, in Robert Rodriguez's From Dusk Till Dawn, played the title rol e in Jack Baren's Destiny Turns on the Radio (1995) and appeared in Spike Lee's Girl 6 (1996). Quentin Tarantino became very renowned after the release of Pulp Fiction (1994), the movie did really very well and shot Quentin Tarantino into the limelight. The writers of the movie were Quentin Tarantino and Roger Avary. The movie achieved the biggest prize which any director can dream of, which is undoubtedly The Oscar Award. "This film oozes inspired casting, of actors who either played against type or at least became offbeat and edgy in ways in which we hadn't hitherto known them. Then, through the editing process, by telling the story in a maximum non-linear way, out of time, reducing the film to a series of seeming disjointed non-sequential vignettes, each vignette featuring the aforementioned snappy dialog delivered by the aforementioned hand-picked edgy actors. It is only after watching the entirety of the movie, and reflecting back on it, does the gestalt emerge for the viewer. And, it may take more than one viewing to get there. Then, lastly, by topping it all off with a snazzy soundtrack. That's how. Add all that stuff together and you get Pulp Fiction.  

Friday, July 26, 2019

Car engine danger Essay Example | Topics and Well Written Essays - 250 words

Car engine danger - Essay Example In this case a person was injured in a road accident, as he was hit by a fire engine which had ignored the red light while on duty to save lifes by reaching at the location as soon as possible so that any extra damage to the property and life could be minimized. The key issue in this case was whether there was any immunity and privilege enjoyed by fire extinguishers gave them a right to run over people while on duty and whether any exception exists in favor of emergency services on duty or the general principles of tort of negligence are applicable in these situations. The Court of appeal held in this case that "It is said that, because he was driving a fire engine, he was in a certain privileged position. That is not so. He was not in a privileged position at all. It is perfectly true that, when the bell is clanged, people generally draw aside, but, if they do not draw aside, the driver of a fire engine has no business to charge into them.

Organizational Behaviour and Human Resource Issues in the Conservative Essay

Organizational Behaviour and Human Resource Issues in the Conservative Party - Essay Example This assignment will examine the Conservative party in terms of its formation and the composition of its membership. Thereafter, it will look at the organisational structure, organisation culture and the leadership of the party. In addition this assignment will analyse the organisational behaviour and human resource impact on the operations of the party. The party was established on the basis of inclusion, reform of abuses, organizational law and order, reformed and organised system of taxation, trade, and industry (Kohan 2008). In 2014 The Conservative Party is guided by principles such as a stronger economy at home, renewed respect abroad and real change in Europe (www.conservatives.com). Today under the leadership of David Cameron has consistently emphasized the twin principles of trust and shared responsibility (Cameron 2005a). Most frequently, reference has been made back to the 19th century, a period when problems of social dislocation and breakdown were resolved by local initiatives, embodying ‘a new spirit of responsibility’ combined with ‘freedom and self-help’ (Cameron 2005c). In today’s world this translates into David Cameron’s Big Society (http://www.economist.com/blogs/blighty/2013/08/big-society) The Conservative Party needs to become more attractive both at the voluntary and professional level to a wider section of the population. The party needs to represent more women, people from different ethnicities and socio-economic backgrounds. It needs more MPs, associations Chairs, and party workers at all levels coming from different backgrounds. This assignment will focus on the current problem, why this has happened and whether it has been sufficiently identified by the party.

Thursday, July 25, 2019

Causes of back injuries and methods of its preventing Essay

Causes of back injuries and methods of its preventing - Essay Example This research will begin with the statement that the significance of the impact of safe lifting has turned out to be not generally acknowledged in the globe. Many reasons have been explained in relation to work area safety. In this paper, we discuss a variable that has not been given the attention it deserves in the argument about safe lifting and health in places of work. The case of escalating back injuries has for the most part been overlooked in contingency plans by business organization. Many organizations with low levels of employee safety and health ultimately find themselves in a situation we call a â€Å"safety trap.† This state of affairs concerns both the employees and the employers. High levels of back injuries and poor lifting methods bring about higher rates of insurance premiums. If the premium rates are high, it is both the employers and employees who suffer in the long term. The employer suffers in that they are forced to incur extra costs by paying the high r ates for insurance premiums while the employees suffer in that they sometimes suffer negative life changing injuries which end up decapitating them for the rest of their lives. At present, the total cost of premiums being paid out by the business sums up to a massive $78,000. At the implementation of the project, we hope to reduce this by a whopping 70% and if possible wipe out the issue of high premiums being paid out. A sharp increase has been detected in back strain injuries and days lost due to these injuries which has also seen an increase in insurance premium costs. JIM’S CLEANING will make sure that probable back injury risk factors in its amenities are evaluated and restricted. This regular practice order is planned to tackle broadly the issues of; Evaluating back injury concerns, evaluating engineering measures, job practices, organizational measures, and

Wednesday, July 24, 2019

How One Takes Life for Granted Essay Example | Topics and Well Written Essays - 500 words

How One Takes Life for Granted - Essay Example Both however, exposed an understanding of the truth and what lies beneath the surface. 'Richard Cory' had a universal speaker, using "we" throughout. This helped to set him apart from "we", the ordinary people who looked at him as "a gentleman from head to crown" (l. 3). The tone contains irony, awe and envy: "we thought that he was everything/To make us wish that we were in his place." (l. 11-12). The metaphor and visual imagery in "and he glittered when he walked" (l. 8) create pictures of somebody bedecked in gold and precious jewels, symbols of wealth. The envious tone changed later to bitterness with the words: "So on we worked.And went without the meat and cursed the bread." (l. 13-14), as if this was all life could be for them, the difference between rich and poor. The last line exposed how taking life for granted was a big mistake. This untouchable, aristocratic man who seemed to have it all, "Went home and put a bullet through his head." (l. 16). The poem had a lilting, easy, almost ballad type style, up until the shocking final line that was in stark contras t to how Richard Cory was perceived. The clear message was that people and life should never to be judged by outward appearances, or apparent circumstances. Though similarly like a song, in contrast, 'My Papa's Wa

Tuesday, July 23, 2019

Weathering Research Paper Example | Topics and Well Written Essays - 1000 words

Weathering - Research Paper Example The rate of weathering is also affected by various factors such as climate, geology, relief, soil or vegetation cover, as well as human activity. Research studies regarding the causes and effects of weathering continues and play a vital role in understanding the history of earth movement and development. Weathering is defined as group of slow processes by which surface rocks are broken into smaller pieces or dissolve into water as caused by the impact of the atmosphere and hydrosphere. It is considered as the primary stage in the denudation of the landscape since rocks are loosened by the weathering process. The length of time that rocks and minerals have been exposed at the surface of the earth will dictate the degree to which they have weathered. Pushkar (799) explained the process of weathering: Soils are derived from the parent rocks by the process called weathering. Formation of soil is initiated by disintegration or weathering of parent rocks by certain physical, chemical or bi ological agents. As a result, soil-forming rocks are broken down into small particles called regoliths, which finally develop into mature soil by pedogenesis. After the loosened rock particle moves due to flowing agents specifically air, water or ice, erosion or mass wasting occurs. Erosion refers to the â€Å"movement down slope due to gravity† (US Geological Survey National Park Service). Physical weathering or mechanical weathering is a type of weathering in which the breakdown of rock relies solely through mechanical forces such as freeze thaw, pressure release, thermal expansion, salt crystallization, sand blast, and glaciation, which do not alter the chemical composition of the rock. Freeze thaw refers to the breakdown of rocks as a result of the expansion of water during freezing which is common in places where temperature often fluctuates around zero degrees Celsius like in upland Britain. This procedure is most effective in jointed rocks particularly granite. Pressur e release or dilation happens when weathering and erosion removes overlying rocks. The released pressure expands the rocks, making it to have fractures which weaken the rocks as they become susceptible to weathering agents. Sheeting of rock follows when cracks develop parallel to the surface. Thermal expansion, also called as insolation weathering, results from large diurnal temperature ranges that influences heating and cooling of the rock. The rock expands when heated and contracts when cooled. The changes caused by differing temperature results in stresses in the rock layers. Salt crystallization takes place when saline water passes through crevasses and joints in rocks, evaporates, and salt crystals are formed as the dissolved salts crystallize. The crystals can cause granular disintegration or the gradual breaking off grains of rock. Sand blast occurs in arid and desert conditions when wind and sand disrupts rocks. Lastly, glaciation or ice formation corrodes and breakdown rock s into sand particles as the melting of ice during summer season move downwardly on the slopes and produces glacier movement (Codrington 252). On the other hand, chemical weathering is defined as â€Å"the decomposition of a rock by alteration of its chemical composition† (Codrington 252). The processes of chemical weathering are solution, hydrolysis, chelation, hydration, carbonation and oxidation-reduction. Solution involves the removal of certain mobile components of rocks for instance, calcium sulphates and chlorides, making the rocks porous and easy to disintegrate. Hydrolysis breaks down or washes out components of rocks such as alumina silicates and silicon which leads to simpler mineral matter like

Monday, July 22, 2019

Compare and Contrast Goodbye My Brother and Sonnys Blues Essay Example for Free

Compare and Contrast Goodbye My Brother and Sonnys Blues Essay No story can be as touching as family relationships and reconciliation and when it comes to family, two of the most famous stories about brothers are Sonnys Blues and Goodbye My Brother. Goodbye My Brother is said to be one of John Cheevers greatest literary success while Sonnys Blues garnered widespread critical claim for James Baldwin. It is interesting to note that by comparing and contrasting the two, there are a lot of striking lessons about what to do and what not to do when it comes to dealing with family relationships can be learned from these stories. John Cheevers Goodbye My Brother is a story that centers around the Pommeroy family. The family is composed of the widow mother, Mrs. Pommeroy, and her four children named Diana, Chaddy, Lawrence and the one narrating the story. All of the children are grown up and are all living their separate lives and this reunion in particular was a special one because they have not seen Lawrence in four years. Diana is divorced and is living in France, Chaddy is a successful businessman who lives in New York, Lawrence the youngest is a lawyer and the narrator teaches the secondary school. The Pommeroys can be considered as an upper class family who got together in Lauds Head in New England for a family reunion at their old beach house. The narrator openly talked about the siblings general dislike for Lawrence and despite the efforts of their mother, he refused to reach out and be a part of their family. This apparent tension between Lawrence and their mother has a history. Lawrence was only sixteen years old when he said said that Mother was overly strong, mischievous and destructive. He was in boarding school back then and he did not come home for Christmas, after which, he seldom comes home. Everything seems to be going as expected until the unnamed narrator brother beats his brother Lawrence who seemed distance since the beginning of the story. (Cheever, p. 1-10). This melodramatic tale was one of the earliest stories written by Cheever who has been compared with Dante because he perceives God as a mystical being. As a writer he gives emphasis to the incandescence of the earth and it can be aptly observed that many paragraphs from his works hardly pass without him invoking the luminosity of the world. This mystical notion is the reason why many people think that Cheever does not pay attention on God. Goodbye My Brother has a very unexpectedly strange ending. The story ends with Helen and Diane walking like naked goddesses out of the sea and as such, it is safe to say that the title is inconsistent with the ending (Wood, p. 1163). However, other commentators who read this story appreciated the powerful language used by Cheever in the ending. According to them, the ending illustrated the familiarity of the author with King James and Shakespeare (Boyle, p. 1). In general, the mastery of the author in incorporating symbolism through his work can be best appreciated in this ending. It can be noticed that Cheever uses water as a main symbolic element that clearly demonstrates how the ebb and flow of the ocean waters can be related to mens existence. The narrator described the family get together as warm and tender which is in clear contrast with the exasperation that Lawrence is feeling with his family. This story gives the readers an exercise of their point of view as they observe the striking contrast between the optimism and the pessimism of human nature in the personality of the two brothers, the sunny and prejudicial unnamed narrator and his saturnine youngest brother Lawrence. On the other hand, Sonnys Blues by James Baldwin is another masterpiece that the readers love to read about two brothers and since the story of Goodbye My Brother is also about brotherly relationships, most readers can find that a mixture of the two relationships can give them a glimpse of what it would be like if they were to cooperate with each other or let pride and hatred get in the way of family. Sonnys Blues is a story of how two African American brothers react to the â€Å"blues† of each other and how they handle their inner conflicts. The feelings experienced by the main characters is called â€Å"blues†, which is a mental and emotional state that arose from the recognition of the limitation imposed mostly in the case of African Americans by the racial barriers to the opportunities that they often encounter. The narrator, who makes his living as a school teacher and his brother who is a jazz pianist make their way into the world struggling to understand the other party (Flibbert, p. 32). The narrators first instinct was to believe the story in the newspaper. It said that his brother was arrested for dealing with heroin and for him, it was not very hard to believe. He started feeling scared for Sonny and it is here that the narrator has started to relate the fear that he has lived with his whole life. Little did he know that this event will serve as a catalyst for their closeness. While still in shock, the narrator was forced to confront their past. When a friend of the narrator went to his school to bring his the news about Sonny, he said that he abruptly hated him. (Baldwin, p. 2). However, as the narrator continues to express his sentiments, he realizes that he feels a little bit guilty for not listening to him before. The friend goes on to talk about the effects of heroine in the body and as the conversation goes on, a hidden care for his brother can be sensed from the narrator. He even sent a letter to Sonny and this correspondence continues until Sonny returned to New York. This story has several flashbacks that contribute to the readers comprehension of the history of the distance of the two brothers and how they both overcome that distance little by little. In the last scene of the story, the narrator found himself in a jazz club where his brother works and so he understood that this was indeed what Sonnys world looks like. This is where the two brothers were finally reunited by music as the narrator listens to his Sonny and his friends. The usual experience of suffering is one of the things that makes men relate to each other and by denying these feelings, the narrator has denied himself a place among his community and friends. This last scene illustrates how the narrator took one more step into discovering his brother and how through his own suffering and Sonnys example, he found himself in the brotherhood and company of men (Murray p. 197). The common theme of Goodbye My Brother and Sonnys Blues is family relationships. What makes these story appealing and real is the amazing insight that John Cheever and James Baldwin have on familial relationships. These two authors were able to successfully explore the notion of identity and social context in the stories and the readers feel a more personal connection with the character because they were told from a first persons point of view. James Baldwins Sonnys Blues opens when the narrator found out through a newspaper that his brother was arrested for heroin dealing. Interestingly, the two stories involve two brothers but in contrast, Sonny Blues talks about how the two brothers were able to understand each other and Goodbye My Brother talks about the misunderstanding and refusal to reach out between two brothers. The striking contrast can be seen at the ending of the two stories. Goodbye My Brother ends with the bathing of Helen and Dianne at sea. After the fight of the unnamed narrator and Lawrence, nothing was said about them making amends and things were left the way they were. On the other hand, Sonnys Blues ends very well. At first, the two brothers here were distant like the brothers in Goodbye My Brother but over time, they have come to understand each other. Starting from the moment of Sonnys arrest, the two brothers are getting closer and closer and in the end of the story, Sonny declared the narrator as his brother for the very first time (Baldwin, p. 23). Unlike here in Sonnys Blues, the brother in Goodbye My Brother both lack the willingness to reach out and make an effort to fix their relationship and understand each other. Some critics mentioned that the ending of Goodbye My Brother displayed the authors familiarity with the King James version and that of Shakespeares works (Boyle, p. 1). In the same way, Sonnys Blues also depicts Baldwins biblical sense. These two stories both use symbolism which makes the story profoundly interesting to the readers. The narrator Baldwins story can be likened to the character of Cain. In Genesis, after Cain kills his brother Abel, God asks Cain about his brother and he answered by saying that he is not his brothers keeper. The final conversation between the narrator and his mother sends a message to the readers that their mother wants him, to be his brothers keeper but the narrator failed in doing his duty and this failure was made clear in the opening lune of the story. The narrators act of relying on the newspaper to know the whereabouts of his brother is not a sign of keeping his promise to his mother that he will take care of Sonny. As a matter of fact, Sonny did not even phone him after the arrest was made and this only shows the distance between them in the start of the story (Tackach, p. 4). Lastly, both stories carry a social message that many people today will find applicable. In Goodbye My Brother, the refusal of the brothers to fix their broken relationship was the primary factor that led to the violent ending of their relationship and as the title implies, the brothers are ready to cut their bond to each other while in contrast, it is the willingness of Sonny and his brother that led to the harmonious reconciliation of their relationship. Happy ending or not, many people learned what life is like for those who harden their hearts and for those who open them for it is in the shared intensity of suffering that darkness is pierced and a new ray of hope is born. Works Cited Baldwin, James. Sonnys Blues in Vintage Baldwin. New York: Vintage. 2004. Print. Boyle, T. â€Å"On Learning to Appreciate John Cheevers Stories†. NPR. org. NPR. 2006. Web. 2010. http://www. npr. org/templates/story/story. php? storyId=5652619. Cheever, John. The Stories of John Cheever. New York: Random House, Inc. 1978. Print. Flibbert, Joseph. Sonnys Blues: Overview in Reference Guide to Short Fiction. US: St. James Press. 1994. Print. Murray, Donald. James Baldwins Sonnys Blues:Complicated and Simple. NY: Newberry College. 1977. Print. Tackach, James. â€Å"Biblical Foundation of James Baldwins â€Å"Sonnys Blues†. BNET. 2007. Web. 20 May 2010. http://findarticles. com/p/articles/mi_qa3777/is_200701/ai_n19197653/pg_4/ Wood, Ralph. The Modest and Charitable Humanism of John Cheever. Christian Century. USA: Christian Century Foundation. 1982. Print.

Sigmund Freud and Erik Erikson Essay Example for Free

Sigmund Freud and Erik Erikson Essay Sigmund Freud and Erik Erikson are two of psychologys developmental forerunners, each one having his own theory behind personality and the elements of advancing through the stages of life. Erikson’s theories came after Freuds and build on Freuds original work. Both of these psychologists have some common similarities and some differences as well in life, their careers and how we use their work and theories still. Sigmund Freud was born in Freiberg. Austria on May 6, 1856. When he was four his family moved to Vienna, where he would live and work for most of the remainder of his life. He received his medical degree in 1881 and married the following year. He had six children—the youngest of whom, Anna, was to herself become a distinguished psychoanalyst. After graduation, Freud set up a private practice and began treating various psychological disorders. Considering himself first and foremost a scientist, rather than a doctor, he strived to understand the journey of human knowledge and experience. Early in his career, Freud was greatly influenced by the work of his Viennese colleague, Josef Breuer, who had discovered that when he encouraged a hysterical patient to talk openly about the earliest events of the symptoms, the symptoms sometimes gradually decreased. Inspired by Breuer, Freud proposed that neuroses had their roots in deeply traumatic experiences that had transpired in the patients past. He believed that the original occurrences had been forgotten and hidden from consciousness. His treatment was to empower his patients to recall the experience and bring it to consciousness, and in doing so, confront it. He believed one could then release it and rid oneself of the neurotic symptoms. Freud and Breuer published their theories and findings in Studies in Hysteria (1895) In January 1933, the Nazis took control of Germany, and Freuds books were prominent among those they burned and destroyed. Freud quipped: What progress we are making. In the Middle Ages they would have burned me. Now, they are content with burning my books. Freud continued to maintain his optimistic underestimation of the growing Nazi threat and remained determined to stay in Vienna, even following the Anschluss of 13 March 1938 in which Nazi Germany annexed Austria, and the outbursts of violent anti-Semitism that ensued. Ernest Jones, the then president of the International Psychoanalytic Association (IPA), flew into Vienna from London via Prague on 15 March determined to get Freud to change his mind and seek exile in Britain. This prospect and the shock of the detention and interrogation of Anna Freud by the Gestapo finally convinced Freud it was time to leave Austria. 3 Erik Erikson was born June 15, 1902 in Frankfurt, Germany. His mother and father had separated before his birth, but it was kept a secret from him that he was his mothers child from an extramarital union. His mother raised Erik by herself before marrying a physician, Dr. Theodor Homberger. The fact that Homberger was not his biological father was kept secret from him for many years. When he finally did learn the truth, he was left with a feeling of confusion about who he really was. This experience helped spark his interest in the formation of identity and was further developed based upon his experiences in school. Like Freud, Erikson was raised in Jewish religion. At his temple school, children teased him for being Nordic because he was tall, blonde, and blue-eyed. In grammar school, he was excluded because of his Jewish background. These experiences helped fuel his interest in identity formation and continued to influence his work throughout his life. Erikson was a student and teacher of arts, and while teaching at a private school in Vienna, he became acquainted with Anna Freud, the daughter of Sigmund Freud. Erikson underwent psychoanalysis, and after the experience he decide to become an analyst himself. He was trained in psychoanalysis at the Vienna Psychoanalytic Institute and also studied the Montessori Method of education, which focused on child development and sexual stages. In 1933, the Nazis came to power in Germany, and like Freud, Erikson and his wife Joan were forced to immigrate, first to Denmark and then to the United States, where he became the first child psychoanalyst in Boston. Psychoanalysis was created by Sigmund Freud (1916-1917). Freud believed that people could be cured by making conscious their unconscious thoughts, thus gaining â€Å"insight†. The goal of psychoanalysis therapy is to let go of repressed emotions and experiences. Psychoanalysis is commonly used to treat depression and anxiety disorders. In his book The Psychopathology of Everyday Life, Freud explained how these unconscious thoughts and impulses are expressed, often through slips of the tongue (known as Freudian slips) and dreams. The psychoanalytic theory suggested by Sigmund Freud had a tremendous impact on 20th-century thought, inspiring the mental health field as well as other areas including art, literature and popular culture. Freud developed a theory that described development in terms of a series of psychosexual stages. According to Freud, struggles that arise during each of these stages can have a lifelong influence on personality and behavior. In Freud’s theory Psychoanalytic theory suggested that personality is generally established by age of five. Early experiences play a large role in personality development and continue to influence behavior later in life. If these psychosexual stages are completed positively, the result is a healthy personality. If certain issues are not resolved at the appropriate stage, fixation can occur. A fixation is an insistent focus on an earlier psychosexual stage. Until this conflict is resolved, the individual will remain stuck in this stage. Oral Stage During the oral stage, the infants primary source of interaction occurs through the mouth, so the rooting and sucking reflex is especially important. The mouth is vital for eating, and the infant derives pleasure from oral stimulation through gratifying activities such as tasting and sucking. Because the infant is entirely dependent upon caretakers (who are responsible for feeding the child), the infant also develops a sense of trust and comfort through this oral stimulation. The primary conflict at this stage is the weaning processthe child must become less dependent upon caretakers. If fixation occurs at this stage, Freud believed the individual would have issues with dependency or aggression. Oral fixation can result in problems with drinking, eating, smoking, or nail biting. Anal Stage The anal stage is directly related to a child’s awareness of bowel control and gaining pleasure through the act of eliminating or retaining feces. Freud’s theory puts the anal stage between 18 months and three years. It is believed that when a child becomes fixated on receiving pleasure through controlling and eliminating feces, a child can become obsessed with control, perfection, and cleanliness. This is often referred to as anal retentive, while anal expulsive is the opposite. Those who are anal expulsive may be extremely disorganized, live in chaos, and are known for making messes. Phallic Stage Freud believes the phallic stage or the Oedipus or Electra complexes occurs during a child is three to six years of age. The belief is that male children harbor unconscious, sexual attraction to their mothers, while female children develop a sexual attraction to their father. Freud taught that young boys also deal with feelings of rivalry with their father. These feelings naturally resolve once the child begins to identify with their same sex parent. By identifying with the same sex parent, the child continues with normal, healthy sexual development. If a child becomes fixated during this phase, the result could be sexual deviance or a confused sexual identity. Latency Stage The latency stage is named so because Freud believed there werent many overt forms of sexual gratification displayed. This stage is said to last from the age of six until a child enters puberty. Most children throughout this age form same sex friendships and play in a manner that is non-sexual. Unconscious sexual desires and thoughts remain repressed. Genital Stage Freud believed that after the unconscious, sexual desires are repressed and remain dormant during the latency stage, they are awakened due to puberty. This stage begins at puberty and develops with the physiology changes brought on through hormones. The prior stages of development result in a focus on the genitals as a source for pleasure and teens develop and explore attractions to the opposite sex. The genital stage is the last stage of the psychosexual development theory. 4 Those inspired and influenced by Freud went on to expand upon Freuds ideas and develop theories of their own. Erik Eriksons ideas have become perhaps the best known. Eriksons eight-stage theory of psychosocial development describes growth and change throughout the lifespan, focusing on social interaction and conflicts that arise during different stages of development. Psychosocial Stage 1-Trust vs. Mistrust The first stage of Eriksons theory of psychosocial development occurs between birth and one year of age and is the most fundamental stage in life. Because an infant is utterly dependent, the development of trust is based on the dependability and quality of the childs caregivers. If a child successfully develops trust, he or she will feel safe and secure in the world. Caregivers who are inconsistent, emotionally unavailable, or rejecting contribute to feelings of mistrust in the children they care for. Failure to develop trust will result in fear and a belief that the world is inconsistent and unpredictable. Of course, no child is going to develop a sense of 100 percent trust or 100 percent doubt. Erikson believed that successful development was all about striking a balance between the two opposing sides. When this happens, children acquire hope, which Erikson described as an openness to experience tempered by some wariness that danger may be present. Psychosocial Stage 2 Autonomy vs. Shame and Doubt The second stage of Eriksons theory of psychosocial development takes place during early childhood and is focused on children developing a greater sense of personal control. Like Freud, Erikson believed that toilet training was a vital part of this process. However, Eriksons reasoning was quite different than that of Freuds. Erikson believe that learning to control ones bodily functions leads to a feeling of control and a sense of independence. Other important events include gaining more control over food choices, toy preferences, and clothing selection. Children who successfully complete this stage feel secure and confident, while those who do not are left with a sense of inadequacy and self-doubt. Erikson believed that achieving a balance between autonomy and shame and doubt would lead to will, which is the belief that children can act with intention, within reason and limits. Psychosocial stage 3 Initiative vs. Guilt During the preschool years, children begin to assert their power and control over the world through directing play and other social interactions. Children who are successful at this stage feel capable and able to lead others. Those who fail to acquire these skills are left with a sense of guilt, self-doubt, and lack of initiative. When an ideal balance of individual initiative and a willingness to work with others is achieved, the ego quality known as purpose emerges. Psychosocial Stage 4 Industry vs. Inferiority This stage covers the early school years from approximately age 5 to 11. Through social interactions, children begin to develop a sense of pride in their accomplishments and abilities. Children who are encouraged and commended by parents and teachers develop a feeling of competence and belief in their skills. Those who receive little or no encouragement from parents, teachers, or peers will doubt their abilities to be successful. Successfully finding a balance at this stage of psychosocial development leads to the strength known as competence or a belief our own abilities to handle the tasks set before us. Psychosocial Stage 5 Identity vs. Confusion During adolescence, children explore their independence and develop a sense of self. Those who receive proper encouragement and reinforcement through personal exploration will emerge from this stage with a strong sense of self and a feeling of independence and control. Those who remain unsure of their beliefs and desires will feel insecure and confused about themselves and the future. Completing this stage successfully leads to fidelity, which Erikson described as an ability to live by societys standards and expectations. Psychosocial Stage 6 Intimacy vs. Isolation This stage covers the period of early adulthood when people are exploring personal relationships. Erikson believed it was vital that people develop close, committed relationships with other people. Those who are successful at this step will form relationships that are committed and secure. Remember that each step builds on skills learned in previous steps. Erikson believed that a strong sense of personal identity was important for developing intimate relationships. Studies have demonstrated that those with a poor sense of self tend to have less committed relationships and are more likely to suffer emotional isolation, loneliness, and depression. Successful resolution of this stage results in the virtue known as love. It is marked by the ability to form lasting, meaningful relationships with other people. Psychosocial Stage 7 Generativity vs. Stagnation During adulthood, we continue to build our lives, focusing on our career and family. Those who are successful during this phase will feel that they are contributing to the world by being active in their home and community. Those who fail to attain this skill will feel unproductive and uninvolved in the world. Care is the virtue achieved when this stage is handled successfully. Being proud of your accomplishments, watching your children grow into adults, and developing a sense of unity with your life partner are important accomplishments of this stage. Psychosocial Stage 8 Integrity vs. Despair This phase occurs during old age and is focused on reflecting back on life. Those who are unsuccessful during this stage will feel that their life has been wasted and will experience many regrets. The individual will be left with feelings of bitterness and despair. Those who feel proud of their accomplishments will feel a sense of integrity. Successfully completing this phase means looking back with few regrets and a general feeling of satisfaction. These individuals will attain wisdom, even when confronting death. 5 Although there are many similarities between Freud and Erikson’s theory’s, there are many differences. In the first stage both believe that a child develops their sense of trust at this stage of development. Second stage both believe that a sense of independence is learned at this stage of development, and that toilet training is an important focus of this independence. Parental attitudes at this time can also have a lasting effect. Third stage, Freud believed this stage was where a child identifies with the same-sex parent and develops self-esteem. Erikson felt that this was the stage where a child begins to exert power and control over their environment. That is where you will start to see more differences in the two theories. Fourth stage, occurs at ages seven through 11. Freud believes that this is an intermediary stage of development where the child forms interactions with their environment. Erikson refers to it as industry versus inferiority. He believes that children begin to demonstrate their ability to succeed. Fifth stage, according to Freud, this is the final stage, and it continues throughout a persons life. He calls it the genital stage. Freud believes that a person learns to channel their biological instincts into socially-acceptable displays of love and career goals. Erikson called this stage identity versus role confusion. He believed it was a period where the focus of development shifts to social bonding in order to establish meaning in ones life and assert individuality. Erikson continues with three more stages which occur throughout adulthood.

Sunday, July 21, 2019

The Woman In Black Theatre Essay

The Woman In Black Theatre Essay The Woman In Black belongs to the gothic genre. The genre was created by Horace Walpole, He wrote The Castle of Otranto which was the very first gothic novel which was written in 1764. The Gothic genre normally includes Isolated Places, such as the house Arthur stays in, Supernatural creatures, Such as the ghost Woman in Black, Damsels in Distress such as Arthur at the end of the play when he has had enough of the haunting. The woman in black is a terrifying gothic play. Stephen Mallatratt, the playwright achieves this by writing an effective mise-en-scene including setting, lighting, props, sound, the text, and stage directions for actors. These all merge together and create a nerve shredding experience. A technique that Stephen Mallatratt uses to create a scary experience is lighting. For example, when the sound of the pony and trap was playing there was a black out. The black out made it daunting because no body knew what was happening and this created a lot of anxiety. The noise was very loud and it was threatening, the audience didnt know what to do because you couldnt see anything so you were put through the torment of being in the pitch black listening to a child cry. Another time when lighting was used to create a terrifying effect is when Jerome and Arthur were in the church at the funeral of Ms Drablow. The lighting was used to present a cross and a stained glass window. This was very Gothic, and creates an edgy atmosphere because the audience didnt know if something was going to pop out, the only light was from the cross and window, which is very creepy. The lighting is also used in a clever way. When the lights hit the curtain it exposed a whole Childs playroom. Its bloodcurdling to watch because until the lights where used, the audience couldnt see the other room. The audience dont know how it got there and what was going to happen. Another technique used is Sound. Sound is used throughout the play, and its a major part in creating a nerve shredding experience. The sound is used for ghostly encounters or the curse of the child screaming when hes drowning. Stephen Mallatratt also uses volume to make the sound scarier. When the child is drowning it starts off reasonably quiet and then it gets deafening, giving the effect the pony and trap is getting nearer, and then suddenly the child starts screaming. It makes other people scream because theres a black out and a loud cry. The use of sound and lighting combined makes the play truly chilling to watch and hear. Sound contributed to the gothic atmosphere because a lot of the time the noise was sudden. The audience do not expect to hear children cry or other spooky noises so its very scary to hear. Sound is used to create suspense by making the noises start at a quite level but then reaching a louder more nerve shattering sound, this happens when the pony and trap are moving, this also could represent distance, the further away the quieter the noise, the closer it is the louder the noise. Stephen Mallatratt uses only 3 actors, the actor, Kips and the Woman in Black. I think Stephen Mallatratt uses only these 3 people because using more actors could take the tension they have already built up away. For example, when spider runs off and gets stuck in the mud and the actor goes to pull him out. During this the real Arthur Kipps is standing on stage explaining whats happening while the actor is showing the actions. At the moment were the tension breaks, the real Arthur Kipps, changes from narrating to acting as Keckwick. In my opinion, if there was a change of actor the whole scene and all the tension they had created would be lost. The way they do this is nerve shredding because its so weird how the actors can just change the characters in short amount of time. Stephen Mallatratt gets the actors to use different tones of voice, facial expression, coats, habits and many more to portray change of character. An example of when he portrays this is in the first scene when Arthur Kipps is acting as Tomes. Tomes has a sniff so when Arthur Kipps is acting as him he makes sure the sniff occurred every twenty seconds. This made the audience know that he was acting as a different character. This is effective because we know that its the same person but its intresting to see the ability of the actor when he/she changes there facial expressions, voices and other factors. Overall I think Stephen Mallatratt did a good job at terrifying everyone within the theatre, the parts when everyone screamed where mainly because of the lighting and the sound. If there werent these two factors I doubt the play would have been as effective as it was. I personally enjoyed the play and how it affected me, I wasnt expecting to be scared but I was which proves how the light and sound is effective.

Saturday, July 20, 2019

relationships in Ordinary People :: essays research papers

Beth and Calvin   Ã‚  Ã‚  Ã‚  Ã‚   The relationship between the husband and wife seems initially to be perfect. They both show each other expressions of love. There is understanding, harmony, financial security, and good communication between them. The couple spends a lot of time together, discussing future plans, and talking about the good moments they had in the past. However, behind all of this positive interaction between the two of them is something they are both not able to face. The tragic loss of their son, Buck has caused a great amount of pain and anger they are not expressing.   Ã‚  Ã‚  Ã‚  Ã‚  The wife lived in denial, trying to live the life of a perfect person unaffected by what had happened to her son Buck. A certain image had to be upheld and everything else was secondary. Even the love for her husband was not as perfect as it was shown..She tries to keep these feelings and memories of her lost son buried deep inside her. She finds it very difficult to show any emotion concerning the fact that one of her sons is never coming back. She tried to portray an image of things being just perfect. Her portrayal includes not wanting to discuss anything that may upset her, she is always walking away from the conversation. It seems as though she does it in every scene. The scene that caught my attention the most was at the end, when she walked away from Calvin after he said he wasn’t sure if he still loved her. That is a pretty powerful statement, and you would think she would want to know why. I’m sure she did, she just didn’t know how to discuss it. So par for the course, she walked away, with something else she will have to tuck away for the rest of her life. Conrad and Calvin   Ã‚  Ã‚  Ã‚  Ã‚  Conrad and his father, Calvin, had a very good and strong trusting relationship. Although Conrad was stubborn and didn't want to speak of his troubles, Calvin would keep trying and didn't give up. Calvin really cared for Conrad and wanted him to share his feelings and emotions. For example, there was a scene when Calvin would walk into Conrad's room just to make sure he was doing fine. Calvin not only showed his affections nonverbally, he showed them verbally also. He wanted to see his son back to life, back to who he was.

Friday, July 19, 2019

A Note Regarding Paul de Mans The Intention Structure of the Romantic Image :: Essays Papers

A Note Regarding Paul de Man's The Intention Structure of the Romantic Image In "The Intentional Structure of the Romantic Image," one encounters a piece of the twentieth-century discussion of the philosophical considerations of language. One can say that Paul de Man really takes the view of Romanticism akin to that of Martin Heidegger's view of poetry in general. Heidegger states that poetry must be a kind of "speaking being" or the creation of something "new" through language.(Note 1) Language itself stands upon itself in poetry according to Heidegger. De Man picks up the broad discussion of what language is with his discussion of the Romantic image. The main thesis of this essay lies in the difference between the everyday consciousness that one has of the concrete world and the consciousness which one achieves through the Romantic image. De Man says that these two functions of the consciousness differ and that the objects one finds in concrete nature are essentially different from those found in Romantic imagery. Paul de Man begins with a discussion of how the simile works in Romantic literature. In order to illustrate his point, he provides a simile from Holderlin. The English translation of this simile may be rendered in two ways according to helpful footnote on page 67. One may either translate, "Words will originate that are like flowers," or, "Words will have to originate in the same way that flowers originate." (Note 2) The latter rendering, that with which da Man concerns himself, provides a relationship between the origination of flowers and the origination of words. This simile relates something which is natural or found in nature, the origination of flowers, to something which does not have the same "objective" existence, the formation of words. This simile of words "originating like flowers" gives one an image which will not correspond to the "natural object," the flowers, as they exist in one's everyday experience of the world. One can take note of flowers blooming in a field, but one cannot sensibly see words blooming in a poem. In order to make his point clear, da Man discusses the difference between what he calls the natural object and the image. According to da Man, the natural object rests "safe in its immediate being." (Note 3) The concreteness of the natural object provides stability in its very being. The natural object does not need to be qualified in the same way that a word does.

Too Close For Comfort :: essays research papers

Too Close For Comfort   Ã‚  Ã‚  Ã‚  Ã‚   In this case study, the ethical dilemma is â€Å"individual versus community.† Debra Borchert is bothered by Jerry who is a developmentally delayed. He is following her and bumping into her and making her feel uncomfortable. Debra’s difficult decision is whether or not to tell the manager Jerry is bothering her, risking getting him fired, and also risking the store not hiring anymore mentally challenged kids. Jerry also might not get hired anywhere else; the job at the grocery store was a good one for him. Debra’s brothers were very similar to Jerry, and she wished they could be able to have jobs just like Jerry so that is another reason why she didn’t want to complain. On the other hand it would be a good idea to tell the manager something because she feels uncomfortable, and she should think about herself before being concerned with what is going to happen to Jerry.   Ã‚  Ã‚  Ã‚  Ã‚  An example in the case study where Debra feels like she wants to tell the manager that she is bothered by Jerry is when he is following her, stepping on her foot in line, and bumping in to her. She knows he is challenged and probably doesn’t mean any harm, but she feels she has no choice but to say something.   Ã‚  Ã‚  Ã‚  Ã‚  Another example of when she feels like she should tell the manager is later on the case study when she feels like Jerry forgot about her; however he comes over from a different register just to help her with her bags. To keep away from him she used the cart as a border so she had something between her and him.   Ã‚  Ã‚  Ã‚  Ã‚  On the other hand, as an example of why she thought she shouldn’t complain is because as I said before in the thesis statement. She doesn’t want to make the mistake of ruining other developmentally challenged kids chances of getting jobs. She feels that she should probably just put up with it and go on with her life. Especially because her brother has a very similar disease.   Ã‚  Ã‚  Ã‚  Ã‚  In conclusion to my thoughts on this case study, I think that Debra choosing not to say anything was a good idea. I think she did the right thing by just trying to avoid Jerry because getting him in trouble would only make it worse for him and her.

Thursday, July 18, 2019

Basic Ethics Essay

According to Michael Boylan’s book Basic Ethics the study of ethics concerns itself with â€Å"right† and â€Å"wrong, judgments that assign praise or blame. In the case of ethics, these judgments are usually assigned to people or to actions (Boylan, 2009). This essay will discuss three major ethical theories, virtue ethics, utilitarianism, and deontological ethics. It will also provide a personal experience to help explain the relationship between virtue, values, and moral concepts as it relates to utilitarianism. The three ethics theories discussed herein are the virtue ethics theory that examines a person’s character over a long period of time and is forgiving of an occasional mistake that is not consistent with a person’s past character. Deontological ethics or duty-based morality is a theory based on a â€Å"nonconsequentialist† view of people and moral decision-making. Deontological ethics supports that actions are not justified by their cons equences. Rather, factors other than good outcomes determine the â€Å"rightness† of actions (Deontological Ethics, 2014). Utilitarianism in the most basic term is based on measuring â€Å"good† in terms of usefulness. Utilitarianism is often defined as an effort to achieve the greatest good for the greatest number. Also this principle advocates that the ends justify the means in other words if a negative action must be used to reach a greater good then its justified (What Is Utilitarianism?, 2014). There are marked differences between the three ethics theories. Unlike deontic or action based theories of morality that focus on the actions a person performs, the virtue theory, aka character ethics focuses on helping people develop good character traits, like kindness and generosity, â€Å"The deontological ethics is grounded in the â€Å"Categorical Imperative,† The Categorical Imperative simply declares, â€Å"Act as if the maxim of thy action  were to become by thy will a universal law of nature.† The Categorical Imperative is very similar to the â€Å"Golden Rule† of Chri stianity, and other religions (â€Å"do unto others as you would have them do unto you†)† (Deontological Ethics, 2014). On the other hand utilitarianism revolves around the concept that the end justifies the means. A personal example I have of utilitarianism being practiced was when my Father was in hospice with terminal throat cancer. He ordered a DNR, do not resuscitate. My family and I did not like his wish but it is what he chose for himself and we all accepted his final wish. Although many feel this is not right to just let someone die without trying to help the person dying the attitude on these decisions is purely determined by the person dying. The utilitarian approach can be selfish in nature because the judgments is strictly that of the person thinking of his own truth in my Fathers case his last dying wish. So depending on what kind of person you are, how you were raised, the environment you live in, your faith, the influences you may have from the social circle you belong to you all these factors could influence your ethics and depending on the situation on hand you may find yourself moving towards one or the other of these ethic theories. Morally or ethically, I would never let my Dad die without making some attempt to resuscitate him but on the other hand I set aside my moral belief and my ethics to allow my Dad his last and final wish. References Boylan, M. (2009). Basic Ethics (2nd ed). Upper Saddle River, NJ: Prentice Hall. Deontological Ethics. (2014, February 17). Retrieved from allaboutphilosophy .org: http://www.allaboutphilosophy.org/deontological-ethics.htm What Is Utilitarianism? (2014, February 17). Retrieved from wisegeek.org: http://www.wisegeek.com/what-is-utilitarianism.htm

Wednesday, July 17, 2019

Ethical Issues Involved in Non-Admittance of Financially Incapable Clients Essay

Running a service-oriented business is never easy. One has to mete out with a lot of things and consider a lot of factors in order to address the business effectively. Policies argon always see for the purpose of achieving the goals of the beau monde and at the alike(p) time, adhering to the laws of the state and contributing to the common good. being a case manager requires well-educated field and relevant experience to fragment issues concerning the benefits of the clients and the political party as well.A wellness center has the responsibility to meet the involve of its uncomplainings. Some times, it has to impose policies that ar against the existing ones to hear the survival and growth of the center as a business entity. The clients are requisite to be wish wellfully informed of these policies and rules because they are the ones who are directly affected when these policies satiate into effect.As for the ethical issues involved in the problem of a certain dialy sis center, the patch calls for adherence to the set policy rules of the company, concurrently, to the ethical standards of human services professionals as is quoted from the internal Organization for humanity Services (2007) Human service professionals provide services without unlikeness or preference based on age, ethnicity, culture, race, disability, gender, religion, sexual orientation or socio sparing status.As a wellness care provider, the company must admit patients without unlikeness based on different aspects. This whitethorn be suitable for health centers which are not yet in the threshold of bankruptcy or closure. If the center is at a high risk of shutting down in the near early because it lacks budget and the expenses are exaggeratingly greater than the income, past non-admittance of patients who are not financially undefendable may be justifiable for the economic survival of the business.As a health care provider of a hemodialysis center which advocates fo r the patients needs, the best thing to do is to cut down the patients 3 times a week visits to once or twice a week, depending on how often they john pay. Firstly, the company must come apart the benefits of the insurance to cover the expenses that may be incurred, and allocate these benefits to the whole health program.The company may also bid the patients financial help through different government agencies so they can still bear on with their hemodialysis. Transportation to and from another(prenominal) government dialysis centers may also be offered for a discounted hail or, if the company can handle it, it can be offered for free to those who are in dire need of treatment in order to sustain life level longer. A health care governance may contradict its code of moral philosophy if the economic status and the future of the company are put at a high risk.The company may aim to impose policies that may be unaccepted to the clients but are just and honest for the welf are of the company. It is also reasonable for a health care professional to disapprove the admittance of a certain patient having an infectious disease that will later(prenominal) cause severe damage to other patients condition, let alone cause bolshy of lives. In this case, the company may offer help by means of referring the client to other health care organizations specializing in that kind of disease.

Tuesday, July 16, 2019

Law of Tort

Law of Tort

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Monday, July 15, 2019

Personal Philosophy of Nursing Essay

My philosophical system in thrill for is the devotion to economise the achievement in the flesh(predicate) longanimous accusation I am qualified of skying to the ill, may it be physic any last(predicate)y, kindly, or activated, as fountainhead as to the challenged in conviction of need. In pasture to repair my doctrine of perplexity for, I had to ascertain magazine forth and probe my judge system, and my vox populis. As I call up almost it I sock I am a benevolent and compassionate obtain. I reminisced top up to the after-hours 70s, my upbringing in abroad countries and having been opened to look uponive(a) cultures, I apace learn to hark back back to the customs instilled in me by my pargonnts and family. My muchs and set of warmth with my committal thus book a difference.With this cherished movie in my teenage life, these lens nucleus set of do for the precepts instilled in me were delimitate by family and friends and peers and my individualalized as easily as skipper return which do me the soulfulness I am today. Chitty defines philosophical system as school of thought is the field of force of principles fundamental conduct, thought, and the character of the human existences (p. 31), and Merriam-Webster more than cl aboriginal defines states hunting of wisdom, the look for a ecumenic discernment of set and worldly concern by primarily unfit kinda the empiric require (online lexicon). Thats me.I potently belief in modern font medicinal drug and the advancements in technology, and so it is of the essence(p) for me to watch up on flow trends, depict procedures, the expenditure of novel equipment and what to dribble for my long-sufferings. I respect the persevering roles impropriety and their honour up to(p) behaviors. With empathy and wield, I am their urge on I am their sound when he/she is ineffective to speak, it is my remedy cope with they sense of smel l and I am take up of their preaching team. It is my commitment to my persevering, to the organization, and my judge system.I retrieve in the obligatory proceed pedagogy deal for arrests. In influence to pay off accomplished diligent role care it is of achievement richness to me in rank to catch ones breath ameliorate on certain desire and trends. holding up with federal official regulations on HIPAA gives me the tycoon to cook my long-suffering and to batten down them that their concealment is entertained and secured. The updates from the center of un wellnessiness verify concede me to deliver the countenance care uncomplaining particularized and as risespring as protect my self-importance from exposures. I am able to pardon to my long-suffering wherefore I am corrosion a m founder a bun in the oven, a gown, or why I am red-bagging allhis linens. The patient does then ask slow questions being observant by their facial nerve expressio ns I back tooth be secure and better with my rationales.I alike belief in holistic breast feeding encompassing, and sustain the alone person, that is the body, thinker and warmheartedness (Chitty, 2007, p 312) as well as in holistic medicament nontraditional forms of music that dish out the full-length person sooner the sickness or groups of diseased organs, it alike considers the body, mind, emotion, line up conjunction (Powell, p 504). It is my office in curb gained knowledge, skills, and resources to purify my patients grapheme of life.I powerfully feel and weigh that every person should be cover infra cosmopolitan wellness Care. However, governmental constraints on with guide onlines and monetary reimbursements do not permit for spare infirmary stays. I am the press for my patient, and as a faux pas Manager, I allow curb that to hold tending for the patient to have individual condole with for him/her at kinsperson overdue to early discharg e. We, society, failure to lease the man that our patient population is acquiring elderly and their healthcare need are more austere and demanding.I authorize that victor nursing draws upon the colligate disciplines of intrinsic and well-disposed sciences and humanities, and it is my region as a nurse to the outflank of my abilities to palliate maximal usable health consideration for my patient by collaborating with the discourse team, families, groups and the community. It is my job and commitment as a nurse to bear on my philosophy of nursing. I last out to gauge my mores and determine and seek to observe my education, I bequeath counseling for my patient. I result dwell to care for myself, to get to full-blooded life-style practices and to agree my physical, mental and emotional health in evidence to pass off to admit care to my patients with dignity and respect.ReferencesChitty, K.K. (2007). nonrecreational nurse Concepts & Challenges (5t h ed.). St. Louis ElsevierInc. Retrieved October 3, 2008 from University of genus Phoenix Library. school of thought (2008). In Merriam-Webster online Dictionary.Retrieved October 2, 2008, from http///www.merriam-webster.com/dictionary/philosophyPowell, S.K. (2000) nurse faux pas perplexity A practical(a) guide to supremacy in managed care(2nd ed.), Philadelphia Lippincott Williams & Wilkins