Assignment One Essay

1.) What are some of the hardships faced by indentured servants in Virginia during the early days of the colony? a. Some of the hardships faced by indentured servants was disease such as â€Å"scurvy, bloody flux, and diverse other diseases.† Also, they have not much of a variety of food to eat, they eat â€Å"peas and loblollies†, and so they will do anything to be able to eat other variety of foods. The amount of food they get is shared between other men. Therefore their amount of food intake is not enough to make them full. They have clothes but they are old and dirty because they one of everything they wear. Since they do not have anything worth a penny, because if they do others steal it, they cannot have food other than peas. They cannot eat bread because it cost a penny and they don’t have a penny to buy anything. 2.) How does the physical location of Jamestown colony lead to many of the hardships described in this document? b. It seems they are close to possibly Indian attacks or people from other countries because he stated in the story â€Å"but yet we are 32 to fight 3000 if they should come.† He hasn’t seen any deer or venison since he arrived in Jamestown; therefore the meat source is not a great source for food reliability. It takes them a few days to retrieve cargo from the ships. They start to the shore and sleep the first night they get there, then unload the next day and start back to their home with the cargo. 3.) How have conditions at Jamestown affected the writer of this letter? c. He thinks negative about everything. He has nothing in Jamestown to call his own or â€Å"nothing to comfort him.† He expects the worse because people are dying by the hour. Not having much to eat, he doesn’t think he will survive much longer unless his he dies before he receives the package. He believes in God and that he can keep him alive if he drinks water, he heard. He tells his dad to have mercy and pity on him, that life in England was better because he had more food that filled him. He thanks his parents for providing all that they did while he lived in England. He loves his dad and doesn’t want his dad to forget him.

History of Volleyball

The History of Volleyball According to (Stengenth and Power of Volleyball), for the first time in the history of volleyball, volleyball was played in the Pan American Games in 1955. In 1957, volleyball was designated as an Olympic team sport by the International Olympic Committee (IOC). In 1959, the International University Sports Federation (FISU) had volleyball be one of the eight competitions held in first University Games in Turin, Italy. In 1960, seven Midwestern institutions formed the Midwest Intercollegiate Volleyball Association (MIVA). In the 1960's, new volleyball techniques were developed. Off-speed hits, open hand tips, forearm passing, blocking at the net, and defensive plays such as diving and sprawling become a big part of the game. With the FIVB already having its own world championships, the FIVB directed its attention to the Olympic Games. Thanks to the Bulgarian Volleyball Federation, a tournament took place in Sofia in 1957 during the International Olympic Committee meetings. As a result of this event, volleyball became an Olympic Sport. In 1964, volleyball was first played in the Olympics in Tokyo. Volleyball became a part of the Olympic Games, which allowed it to grow even more. Also, in the 1964 Olympics, the Japanese used a volleyball that consisted of a rubber casing with leather panels. A similar ball is used in modern volleyball competitions. In 1969, a new international event, the World Cup was introduced. The World Cup would be turned into a qualifying event for the 1991 Olympic Games. In 1974, Japan telecasted a major volleyball event in Mexico, the World Championships. In 1983, the Association of Volleyball Professionals (AVP) was founded by Leonard Armato. The organization started its own beach volleyball tour in the United States in 1984. By the late 1980's, the AVP tour was growing fast due to the promotion of the sport by the professional beach players Tim Hovland, Sinjin Smith, Randy Stoklos, and Mike Dodd. In 1986, the Women's Professional Volleyball Association (WPVA) was formed to administer, govern, and protect the integrity of Women's Professional Beach Volleyball. In 1987, the FIVB added a Beach Volleyball World Championship Series 1989 – The FIVB Sports Aid Program was created in 1990, a men’s volleyball competition called the World League was created. The World League is the longest and most flourishing of all the international events organized by the FIVB. The tournament is an annual event. In 2006, prize money became a major deal with $20 million dollars being distributed amongst 16 participating teams from 5 continents. The World League is sometimes confused with the other international volleyball competitions – Volleyball World Cup and Volleyball World Championships. In 1995, the sport of Volleyball turned 100 years old. In 1996, for the first time in the history of volleyball, beach doubles volleyball is included in the Olympic Games. Major events in the 90’s took place including the establishment of annual competitions for men's and women's volleyball (the World League, in 1990, and the Grand Prix, in 1993), the indication of Beach volleyball as an Olympic event (1996). These events and many rule changes in the game were made the purpose of enhancing the popularity and public visibility of the sport. William G. Morgan (1870-1942), invented volleyball in 1895 in Holyoke, Massachusetts. Morgan, who was born in New York, is known as the inventor of volleyball which he originally named Mintonette. Later, Alfred Halstead re-named Mintonette volleyball because the object of the game was to volley a ball back and forth over a net. Morgan studied at the Springfield College of the YMCA (Young Men's Christian Association) where he met James Naismith. Naismith, in 1891, had recently invented the game of basketball. During the summer of 1895, Morgan moved to the YMCA at Holyoke where he became Director of Physical Education. In this role, Morgan had the opportunity to direct a vast program of exercises and sport classes for male adults. His leadership was eagerly accepted, and his classes grew in large numbers. He came to realize he needed a different type of competitive recreational game in order to vary his physical fitness program. Basketball, which sport was beginning to develop, seemed to suit young people, but it was necessary to find a less violent and less intense alternative for the older members. Morgan took some of the characteristics from tennis and handball along with basketball. Morgan liked the game of tennis, but tennis required rackets, balls, and a net. He didn’t like all the equipment, but he did like the idea of a net. Morgan invented volleyball, which was originally called Mintonette. Mintonette was designed to be an indoor sport. Mintonette was less rough than basketball for older members of the YMCA, while still requiring some athletic ability. The first rules required for a net to be 6 feet 6 inches (1. 98 meters) high, a 25 ? 50 foot (7. ? 15. 2 meter) court. Each team could have as many players as a team wanted. A match was nine innings with three serves for each team in each inning. There was no limit to the number of ball contacts for each team before sending the ball to the other side of the court. (Stengenth and Power of Volleyball)In case of a miss serve, a second try was allowed. Hitting the ball into the net was a fault, with loss of the point or a side-out, except in the case of a first serve attempt. References (n. d. ). Retrieved from Stengenth and Power of Volleyball.

Rationalism in Architecture

IntroductionRationalism began as a seventeenth century political orientation that led to the Enlightenment, a period in history where ground was the primary instrument for warranting and understanding the aˆ?howsaˆ? and aˆ?whysaˆ? of things and fortunes. The Enlightenment was a clip where concrete grounds through scientific research flourished and Rationalism influenced all field of enterprises and even simple day-to-day undertakings. [ 1 ] In layperson footings, to be rational is to be apprehensible, mensurable or definite. Using this as premiss, Rationalism in architecture therefore pertains to accuracy in planing and constructing the tallness, comprehensiveness or deepness of a construction. Architectural Rationalism was a solid grounds of the Enlightenment influence in the field of architecture. It continues to prevail in the modern universe as an independent art motion though much of the modern Rationalist designs have small resemblance to Enlightenment architect ure. Henceforth, this essay attempts to contextualize Rationalism by distinguishing its two discrepancies: eighteenth century Rationalism and the recent twentieth century development. The similarities and differences of their several designs and, if possible, maps are noted to give us an thought on how Rationalism has evolved as an architectural political orientation. The essay besides includes treatments on sub-movements, their innovators and their hallmarks.eighteenth Century RationalismThe Enlightenment Architectural Rationalism was focused on being symmetrical, holding accurate measurings of authoritative forms, and functionality. It clearly reflected the spirit of the times where scientific discipline, mathematics and logic were at the extremum of their influence. Neoclassicism was a widespread motion under the Rationalist wing. It was established in reaction to the royal poinciana and apparently inordinate Baroque and Rococo manners. During the neoclassicist roar, many graphicss and structural designs of the classical Graeco-Roman epoch were recalled together with the architectural plants of Italian Andrea Palladio. [ 2 ] The motion was named aˆ?neoclassical, aˆ? as opposed to pure classicalism, as non every classical design was applied in this. Neoclassicists merely selected from the broad array of designs those executable to society. Neoclassicist designs were characterized as follows: symmetricalness, columns that functioned as support, minimalistic design composed of basic geometric forms, and an overlaid triangular gable normally known as pediment. The symmetricalness, functionality, and geometrical facets of the neoclassicist motion were specifying features of the Rationalist political orientation. [ 3 ]The Pediment [ 4 ] A Colu mn [ 5 ]Existing in the sixteenth century towards the apogee of the Renaissance period, Andrea Palladio was the first known designer to resuscitate and use the classical designs of Graeco-Roman society in many Villas, castles and basilicas. His architecture became an indispensable foundation of Enlightenment Architecture. As a dedicated follower of Vitruvius and his dateless rule of aˆ?firmitas, utilitas, venustas, aˆ? Palladio carefully ensured that his structural designs were lasting, utile, and attractive as stipulated by Vitruvius in his ten-volume chef-d'oeuvre aˆ?De Architectura.aˆ? Palladio was besides peculiar about proportions and seting a intent on every structural constituent. [ 6 ] For case, a portico or patio must be utilized in such a manner that the environing scenery was seen in its full glorification. He wanted geographical properties of the estate to fit with the house ‘s structural design. The palazzos, Villas and basilicas he designed displa yed the blending values of beauty and the societal environment and place of their several proprietors. An urban palazzo was different from a provincial palazzo ; similarly, an agricultural Villa was different from a residential Villa. Palladio designed constructions harmonizing to their context. [ 7 ] Palladio had contributed several design inventions in public edifices and churches. Most Palladian plants were made of low-cost stuffs, normally stucco, traditionally made with lime, sand and H2O, to cover and adhere bricks. His urban constructions for esteemed Venetian proprietors had high classical porticos with pediments that extended every bit far as the 2nd floor and were supported by elephantine colonnades. These porticos were raised above land degree and on the same degree as the remainder of the land floor. This raised floor called aˆ?piano nobile, aˆ? was reused in ulterior fluctuations of neoclassical architecture. Palazzo Chiericati in the metropolis of Vicenza was a all right illustration of this urban construction. [ 8 ]Palazzo Chiericati ( 1550-1557 ) [ 9 ]Rural Villas were instead different. Alternatively of the piano nobile, there was an elevated dais bordered by lower service wings, connected with an elegant curving flight of stepss. The proprietor maintained abode at the elevated part. Villa Foscari ( besides La Malcontenta ) was among the mid-16th century designs of Palladio that employed this celebrated edifice format.Villa Foscari ( 1559 ) [ 10 ]The 1570 publication of Palladio ‘s work aˆ?Quattro Libri dell'Architetturaaˆ? ( The Four Books of Architecture ) , stretched his influence far beyond his place state Italy. Palladio ‘s architectural drawings and treatments contained in the book set the phase for neoclassicist enlargement in the cardinal European states of France, Britain, Ireland, Spain and Germany. [ 11 ] Even more singular was his influence in colonial and post-colonial America, where his designs were replicated in the houses of well-known households, province edifices and even the private residence of Thomas Jefferson, the freedom President. [ 12 ] Along with Palladio ‘s treatise, the unearthing and find of Pompeii and Herculaneum, Roman towns destroyed by volcanic eruption during the classical period, was thought to animate the interior designs of eighteenth century European houses and buildings. [ 13 ]The Ruins of Pompeii [ 14 ] Interior View of a Herculaneum House [ 15 ]In Europe, neoclassicist architecture developed at different gaits. Some beginnings estimated that the motion reached its extremum in France with A†°tienne-Louis BoullA ©e and Claude Nicolas Ledoux. The two designers followed rules of reason into their Classical divine designs. BoullA ©e was known for blending geometry with the standard classics. This original neoclassical divergence might hold been influenced by his work as an pedagogue and philosopher at aˆ?A†°cole Nationale des Ponts et ChaussA ©es.aˆ? Like most neoclassicists, his designs were minimalistic, devoid of ornamentation, bold plenty to reiterate certain structural constituents, particularly if they were functional ( i.e. columns ) , and sought to stress the intent of the construction and its parts. BoullA ©e besid es proposed a empty tomb, an about 500-foot sphere rooted on a unit of ammunition foundation, for the English scientist Isaac Newton. This was non executable to construct but as a professional engraving, the manner gained prominence. BoullA ©e ‘s plants were subsequently revived by twentieth century Positivists and more popularly by celebrated Modernist designer, Aldo Rossi. Contemporary designers found his designs alone and really imaginative – although some would see them aˆ?illusions of grandeur.aˆ? The HA?tel Alexandre in Paris, known for its flanking courtyard doors and Corinthian columns, was one of BoullA ©e ‘s lasting plants. [ 16 ] Cenotaph for Newton ( 1784 ) [ 17 ] HA?tel Alexandre ( 1763-66 ) [ 18 ]Like his compatriot, Ledoux was really idealistic in his architecture, ever desiring to aˆ?build with a purpose.aˆ? For this he and BoullA ©e were branded aˆ?Utopians.aˆ? [ 19 ] Ledoux designed many theaters, hotels, residential places, and edifices, supplied with rotundas, columns and domes from the Graeco-Roman period. His known architectural invention was the aˆ?architectonic order, aˆ? best exhibited through his design on the Royal Saltworks at Arc-et-Senans. He was appointed Royal Architect for the express intent of constructing a structural design for expeditiously pull outing salt. The Royal Saltworks became a important illustration of eighteenth century Architectural Rationalism for its extended usage of geometry and logical agreement of forms to ease the extraction and transit procedures. Another design was drawn after the first was disapproved. [ 20 ]Facade of the Royal Saltwork s, France [ 21 ]Aerial View of Ledoux ‘ Second Design ( 1804 ) [ 22 ]There were many other outstanding figures under the neoclassical motion but few were every bit Utopian as the plants of BoullA ©e and Ledoux. Gallic writer-teacher-architect Jean-Nicolas-Louis Durand influenced several German Positivists by adding rules of economic system and convenience to the bing architectural Utopia. [ 23 ] The ulterior renderings of neoclassicism in Britain, America, and Spain disregarded the fond regard to symmetry and geometry that Palladio himself and the Gallic neoclassicists were really peculiar. However, they did retain much of the functionality facet. For illustration, neo-Palladian British designers William Kent and Indigo Jones invented the flanking wings to give more infinite in the house inside. [ 24 ] This concern for using infinite was still an original of eighteenth century Rationalism.twentieth Century Rationalismtwentieth century Rationalist architecture was interchange ably called Neo-Rationalist. Although the designs were different from eighteenth century rationalism, neo-Rationalists continued to pattern of import rules of Rationalist Architecture. The simplistic signifier and ornamentation was still retained ; the functionality facet became known as aˆ?theme.aˆ? In fact, as many historiographers claimed, neo-Rationalism was an development of eighteenth century Enlightenment Architecture. [ 25 ] The demand to warrant architectural plants remained strong as it had so. The Enlightenment brought about the Industrial Revolution around 18th-19th centuries. The effects lasted and were carried over to the twentieth century, where industrialisation became a craze. Economic promotion was no longer associated with brick and wood but with new elements like steel, Fe and glass. As industrialisation reached its extremum in the twentieth century, the turning importance of machinery led to the development of an aˆ?industrial architecture, aˆ? c omposed of those new elements. [ 26 ] Modernism was the dominant rationalist motion of the 1900s. It fundamentally aimed to use new stuffs suited to the spirit of industrialisation and free designers from the bondage of manners, which curtailed single touches. The plants of early Modernists Ludwig Mies van der Rohe and Walter Gropius in Germany and Frenchman Le Corbusier were largely merchandises of socio-political revolutions. Following World War I, the German Modernist ventured into new constructions that aˆ?meet societal needs.aˆ? [ 27 ] The Bauhaus design school resulted from this venture. Bauhaus became identified as the aˆ?International Style, aˆ? adopted by many Modern structural designs in assorted states. [ 28 ] The following are celebrated illustrations of Bauhaus architecture:The UN New York Base by Le Corbusier [ 29 ] The Gropius Residence in Lincoln [ 30 ]The International Style was characterized by rational rules of minimal art and functional design and construction. Neoclassic pediments, co lumns and flanking wings were replaced by rectangular forms of concrete cement, steel, and other new elements. There were barely hints of peculiar civilizations or societal context and a impersonal architecture that was universally applicable prevailed. [ 31 ] Modernists like Frank Lloyd Wright tried to equilibrate nature and structural designs. [ 32 ] Later, Postmodernist motions emerged to deconstruct the catholicity of Bauhaus and inculcate aˆ?local identitiesaˆ? into modern architecture so it can link with people ‘s sentiments. [ 33 ] Aldo Rossi, Italian theorist-architect-designer-artist, was among the famed Postmodernists. His valuable part to urban architecture was constructing modern-day constructions without pretermiting the historical value of the metropolis or site where it would be built. He stressed the societal significance of memorials and graveyards and besides advocated that constructions be strong plenty for wining coevalss to witness. [ 34 ] San Cataldo Cemetery expanded by Rossi ( 1971 ) [ 35 ] Bonnefanten Museum, Maastricht by Rossi ( 1990-1994 ) [ 36 ]Decision18th and twentieth century Architectural Rationalists are linked by the ancient rules of aˆ?utilitas, firmitas, venustas.aˆ? Their several motions were by and large non-ornamental and utile in construction, design and subject. In the country of symmetricalness, the usage of geometrical forms, and projecting cultural and single sentiments, the two Rationalist governments differ. eighteenth century Positivists were unified in recommending truth and beauty in architecture while neo-Rationalists had single contradictions. [ 37 ] Nevertheless, both strands justified Architecture ‘s major functions in society and in people ‘s lives. [ 1 ] Hackett Lewis. ( 1992 ) aˆ?The age if enlightenment, aˆ? History World International at hypertext transfer protocol: //history-world.org/age_of_enlightenment.htm [ 2 ] Steve Fallon & A ; Nicola Williams. ( 2008 ) Paris: metropolis usher, United Kingdom, Lonely Planet Publications, p. 48. [ 4 ] University of Pittsburgh at hypertext transfer protocol: //www.pitt.edu/~medart/menuglossary/pediment.htm [ 5 ] Old House Web at hypertext transfer protocol: //www.oldhouseweb.com/architecture-and-design/greek-revival-1820-1850.shtml [ 6 ] Bernd Evers, Christof Thoenes & A ; Kunstbibliothek. ( 2003 ) Architectural theory: from the Renaissance to the present, Germany, TASCHEN pp. 6-7. [ 7 ] Sam Smiles & A ; Stephanie Moser. ( 2005 ) Visualizing the yesteryear: archeology and the image, Maine, Blackwell Publishing pp. 98-114. [ 8 ] Douglas Lewis, Andrea Palladio & A ; International Exhibitions Foundation. ( 1981 ) The drawings of Andrea Palladio, Texas, The Foundation, pp. 158-163. [ 9 ] Essential Architecture at hypertext transfer protocol: //www.essential-architecture.com/STYLE/STY-E14.htm [ 11 ] Caroline Clifton-Mogg. ( 1991 ) The neoclassical beginning book, New York, Rizzoli, pp. 88-175. [ 12 ] David Watkin. ( 2005 ) A history of western architecture, London, Laurence King pp. 114-513. [ 13 ] H. Keethe Beebe. ( 1975 ) aˆ?Domestic Architecture and the New Testament, aˆ? The Biblical Archeologists, volume 38, figure 3/4, pp. 89-104. [ 14 ] Virtual Tourist at hypertext transfer protocol: //cache.virtualtourist.com/1898061-Pompeii-Pompeii.jpg [ 16 ] Helen Rosenau. ( 1976 ) BoullA ©e & A ; airy architecture, New York, Harmony Books pp. 1-27. [ 19 ] Barry Bergdoll. ( 2000 ) European architecture, 1750-1890, New York, Oxford University Press p. 97. [ 20 ] Elizabeth Basye Gilmore Holt. ( 1966 ) From the classicists to the impressionists: art and architecture in the 19th century, Connecticut, Yale University Press pp. 227-311. [ 21 ] United Nations Educational, Scientific and Cultural Organization at hypertext transfer protocol: //whc.unesco.org/en/list/203 [ 23 ] Joy Monice Malnar & A ; Frank Vodvarka. ( 2004 ) Sensor design, Minneapolis, The University of Minnesota Press p. 8. [ 24 ] Inigo Jones, William Kent. ( 1727 ) The designs of Inigo Jones: consisting of programs and lifts for publick, England, W. Kent pp. 1-73. [ 25 ] Christopher Crouch. ( 2000 ) Modernism in Art Design and Architecture, New York, St. Martin ‘s Press pp. 1-10. [ 26 ] aˆ?Industrial architecture, aˆ? EncyclopA ¦dia Britannica Online at hypertext transfer protocol: //www.britannica.com/EBchecked/topic/286910/industrial-architecture [ 27 ] Richard J. Evans. ( 2003 ) The coming of the 3rd Reich, New York, The Penguin Press, pp. 122-123. [ 28 ] Henry Russell Hitchcock & A ; Philip Johnson. ( 1997 ) The International Style, New York, W. W. Norton & A ; Company, pp. 1-5. [ 29 ] aˆ?International Styleaˆ? at hypertext transfer protocol: //architecture.about.com/od/20thcenturytrends/ig/Modern-Architecture/International-Style.htm [ 30 ] The Digital Archive of American Architecture at hypertext transfer protocol: //www.bc.edu/bc_org/avp/cas/fnart/fa267/gropius.html [ 31 ] Hazel Conway & A ; Rowan Roenisch. ( 1994 ) Understanding architecture: an debut to architecture and architectural history, London, Routledge pp. 22-24. [ 32 ] Kathleen Karlsen. aˆ?Saving Civilization Through Architecture – Rationalism and the International Style, aˆ? at hypertext transfer protocol: //ezinearticles.com/ ? Saving-Civilization-Through-Architecture — -Rationalism-and-the-International-Style & A ; id=888138 [ 33 ] Hazel Conway & A ; Rowan Roenisch. ( 1994 ) Understanding architecture: an debut to architecture and architectural history, London, Routledge pp. 22. [ 34 ] Terry Kirk. ( 2005 ) The architecture of modern Italy, volume 2: visions of utopia 1900-present, New York, Princeton University Press pp. 208-214. [ 35 ] Cornell University Blog at hypertext transfer protocol: //blogs.cornell.edu/tim/2008/09/21/cities-sites/ [ 36 ] Brian Rose at hypertext transfer protocol: //www.brianrose.com/portfolio/bonnefanten/bonnefan.htm [ 37 ] Sarah Williams Goldhagen. aˆ?Ultraviolet: Alvar Aalto ‘s corporal Rationalism, aˆ? Harvard Design Magazine at hypertext transfer protocol: //www.sarahwilliamsgoldhagen.com/articles/Ultraviolet.pdf

Development of Business Information Systems in Snappy Happy Catering Essay

Development of Business Information Systems in Snappy Happy Catering Ltd - Essay Example This essay states that in today’s highly competitive world where knowledge is power, the information system has become a major functional area of an organization together with finance, operations, marketing and human resources management. The information system is a major source of information and support needed to promote effective decision-making of managers. It is a major contributor to operational efficiency, employee productivity, morale, customer service and satisfaction. It is a vital ingredient in developing competitive products and services that creates a strategic advantage to the organization. In today’s networked world, an information system is a key component of resources, infrastructure and capabilities. In summary, it can be concluded that the information system has become a strategic tool to grow the business, to compete in the market and improve their position in the industry. Snappy Happy Catering Ltd, that was analyzed in the essay explores their poss ibilities with supply chain management system and a human resource information system in order to improve operational efficiency and to meet their business objectives. It is also conclued that in order to identify the suitable information systems for the Snappy Happy Catering Ltd company, the management team must organize several meetings aimed at selection of the systems. Typically, every round table discussions must have an agenda based on the steps, that were provided and be attended by all department heads. ... In today's highly competitive world where knowledge is power, information system has become a major functional area of an organisation together with finance, operations, marketing and human resources management. Information system is a major source of information and support needed to promote effective decision-making of managers. It is a major contributor to operational efficiency, employee productivity, morale, customer service and satisfaction. It is a vital ingredient in developing competitive products and services that creates a strategic advantage to the organisation. In today's networked world, information system is a key component of resources, infrastructure and capabilities. In summary, IS has become a strategic tool to grow the business; to compete in the market; and improve their position in the industry. (Iansiti & Favaloro, 2006) Task 2 Snappy Happy Catering Ltd Snappy Happy Catering Ltd may explore a supply chain management system and a human resource information system in order to improve operational efficiency and to meet their business objectives. In order to identify the suitable information systems for the company, the management team must organize several meetings aimed at selection of the systems. Typically, every round table discussions must have an agenda based on the steps provided and be attended by all department heads. There are three steps in the selection and management process. First step involves planning, identifying and justifying IS. Information systems are enablers of business processes, their planning must be aligned with the overall business plan of the organisation and the specific decisions or tasks they support. It must be justified through cost-benefit

Tort Law Essay Case Study Example | Topics and Well Written Essays - 2500 words

Tort Law Essay - Case Study Example It is also necessary for the individual to show that they have suffered damages. The first and critical argument put forward by DURU is that, under the English negligence law, they did not owe a duty of care to Russell. This brings into question the first element of the tort of negligence in that there must be a duty of care before any claim of negligence can be substantiated. The initial notion of duty of care was established in the case of Donoghue v Stevenson1, where it was found that a duty of care should exist, based on the neighbour principle. In this case, a decomposed snail was found in the drinks bottle of the claimant, but there was an argument as to whether or not the manufacturer should be seen as liable, as the claimant had not themselves purchased the bottle. It was found, in this case, that they could be deemed to be negligent and that the claimant would have a claim based on the principle that a duty of care existed to their 'neighbour'. A more modern approach has now been taken by Caparo v Dickman2, where a threefold test was established and it would be this test that DURU would be required to use in forwarding their first defence. In accordance with this case, a threefold test must be passed in order for a duty of care to be established. Therefore, if DURU could show that these are not met, they would rightly be able to rely on the defence that no duty of care existed. The threefold test is as follows: The harm suffered must be deemed 'reasonably foreseeable' as a result of the way in which DURU conducted itself; that there must be a relationship of sufficient proximity between DURU and Russell; and finally that it is 'fair, just and reasonable' for the duty to be imposed on DURU. The test of proximity remains reliant on the test laid out in Donaghue v Stevenson and as stated by Lord Atkin as part of this case. Lord Atkin stated that a duty should be owed to 'persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected'. Other queries have been raised in terms of whether or not it would be reasonable to expect DURU to take some responsibility for the death of Russell. Based on the 2009 Act, DURU has assumed responsibility to provide one to one care in a structured manner to those suffering from drug addiction. In signing Russell up as a patient, a relationship has been established. There is a general concept that there is no positive duty on everyone to undertake certain actions; however, due to the statutory powers given to DURU and the subsequent decision to take Russell on as a client, it is likely to be deemed that a duty of care exists towards Russell, and, for that matter, any other patient taken on by DURU3. Furthermore, the courts are likely to take public policy and interest into account when deciding whether or not a sufficient proximity exists. Based on the underlying reasons for the establishment of DURU and the fact that the organisation has been establis

Research the causes of the Global Financial Crisis and its subsequent Essay

Research the causes of the Global Financial Crisis and its subsequent impact on the banks behavior on UAE banks - Essay Example Daigee Shaw (2011) stated Japan suffered a -5.2 growth rate in 2009. The financial crisis is characterized by the collapse of the United States housing bubble in 2007. Consequently, the housing bubble triggered the devaluation of the securities listed in the United States stock exchange markets; the securities were secured by real estate properties. The United States market situation created rippling effects simultaneously spreading to the United States trading partners within the global market place. The economic downfall of the United States stocks unfavorably created after shocks. The aftershocks include the significant decline in several stocks listed in the stock markets as well as and commodities markets around the world. The central banks of other countries were unfavorably influenced by the United States’ economic depression, starting in 2008. Benton Gup (Gup 2011) emphasized the United States’ Levin –Coburn Report gave the reasons for the United States financial disaster. The investments in high risk financial investments are part of the economic depression. The conflicts of interests among the United States financial entities contributed to the unprecedented United States economic debacle. The failure of the government agencies to check the reliability of the credit status of a majority of United States companies contributed to the United States economic crash of 2007. The credit-monitoring agencies failed in their duty to monitor and report the credit ratings of each company listed in the United States companies listed in the stock exchange. May Khamis (2010) theorised the current financial status of the banks in the United Arab Emirates suffered minimal effects from the global financial crisis that cropped up in 2008. UAE’s Dubai was the hardest hit (Katzman 2010). Consequently, Dubai had to push for a debt restructures (Rice

Contrast and Comparison between Buddism and Islam Religions Thesis Proposal

Contrast and Comparison between Buddism and Islam Religions - Thesis Proposal Example On the other hand, Islam believes that a person has only one birth and he will get heaven or hell based on his activities in that birth. However, both religions have lot of similarities also. It should be noted that both Islam and Buddhism uphold the sanctity of good things and reject all kinds of sins. Both religions do believe that a human being will get salvation after his death if he does enough good things in his life. The fundamental beliefs and distinctions between Buddhism and Islam deal with a new way of life promoting freedom from confusion and disillusionment. While both religions require practice and faith in self, they worship in different methods but ultimately believe in similar facts. Islam believes in a superpower or God whereas Buddhists do not say much about the existence of God. Islam argues that everything in this universe, including human, is the creation of God. In their opinion, Allah the Almighty knows everything happening in this world. On the other hand, Buddhists talk about Karma or salvation. Buddhists argue that â€Å"If there were a creator of the world, he would be regarded as responsible for the suffering† (Harvey, p.36). In other words, Buddhists put the blame of human suffering upon the shoulder of the God. They argue that life itself is nothing but suffering and whatever the things we derive from this material world may bring sufferings ultimately. The activities in the previous birth may haunt a person in the present birth also and, hence, he may not be able to enjoy happiness until the salvation stage. They argue that human life will continue even after death but in different forms. In their opinion, the good or evil things done in th e humanly life decides whether the person get what kind of life after death. Buddhists argue that birth and rebirth continue until a person attains salvation. On the other hand, Islam opposes this view. In its teaching, happiness can be obtained

Insuring your business Coursework Example | Topics and Well Written Essays - 250 words

Insuring your business - Coursework Example Ideally, the common risks associated with cosmetics businesses include fire and health risks, especially for employees handling the cosmetics who are exposed to the different chemicals used during the manufacture of the cosmetics. Equally, the chemicals used are highly reactive and could easily explode if exposed to fire. The company has not had any legal claims previously; however, there was once an instance of contract breach in which the supplier failed to deliver goods in time and the company suffered a significant loss. Because the company had taken a comprehensive cover, the insurance claim tool cover of all the costs as well as the fees paid to the attorney. My company is unique, as it has established an expanded customer base and, as such, deals in timely delivery lest the customers fail to get their products in time. As the operating manager, in order to identify the risks associated with the business, I have characterized all occurrences that seem to pose threats and ascert ain the likelihood of such occurrences. With availing enough resources for every operating department, the company saves a lot from reduced expenses as most risks are prevented before occurrence rather than mitigation after their

Lewis Carroll's Photographs Research Paper Example | Topics and Well Written Essays - 2750 words - 1

Lewis Carroll's Photographs - Research Paper Example For most artists and writers in this era, the child was nothing more than a shadow of the adult. This ultimately meant that rather than being portrayed as they were, they were instead portrayed as adults wanted them to be portrayed.Carroll embraced this theme of the child as a shadow of humanity in his photographs in order to draw attention to how misconceived children were by adults, particularly using the real children that he met in his life. Lewis Carroll sought to show children as adult shadows, the children’s identity as being shadowed by the adults, as well as the shadows that the children cast. Therefore, this paper will seek to show how Lewis Carroll used children in his photographs to show their innocence and the misconceptions that adults oftentimes had about them. Lewis Carroll exemplified how misconceived children were by undressing them or dressing them through a creation of what he perceived to be his own shadow of being a child. Recognized as a leading amateur and child photographer during the Victorian era, Carroll used the photographs he took to displace reality. Because photography in this period was a relatively new phenomenon, Lewis Carroll took it as a means of writing by using light with his most preferred photographic subject being the child as shown in the photographs above. This was obviously something of a new and dynamic approach. At least sixty percent of all his known photographs were of children. At the time, photography was taken as the only art form that could accurately record true reality. Carrol then took this representation of â€Å"reality† and created a reverse text for the discussion of children. This reverse text helped to falsify how real a photograph could be. In various photographs, rather than giving the audience his own view of who a child should be, Carroll came up with the composition an adult would have a child.

Slide animation Essay Example for Free

Slide animation Essay Successful presenting entails focusing on important points, controlling the flow of information, and holding the audience’s interest in the presentation. We can include two types of animation — within a slide and from slide to slide. Animation on a slide, often called builds, determines how and when objects on the slide appear. Animation from slide to slide, called transitions, specifies how a new slide appears after the previous slide disappears. The last version of the PowerPoint includes powerful animation effects and features. Animation can certainly enliven a presentation, but too much animation will distract the audience from the main message. All professionals make the same point about animation — pick one or two effects and stick to them. This principle applies to both animation on a slide and transitions between slides. Animating objects has an additional purpose — to focus the audience’s attention on what one is saying. To animate a slide, one needs to know what he is going to say while that slide is displayed — and in what order. He then uses that order to determine the order in which the objects appear on the slide. Object animation is sometimes called a build because the objects build up on the screen, one after another. One can control the following aspects of the animation: †¢ How the object appears. †¢ In what grouping the object appears. For example, text most often appears paragraph by paragraph but can appear by the word or even by the letter. †¢ Whether the animation occurs when one clicks the mouse or automatically after a preset number of seconds. †¢ Whether a sound plays during the animation. †¢ What happens, if anything, after the animation. For example, one can change the color of a previously displayed object when the next object appears or hide it completely. For a quick solution, PowerPoint offers animation schemes — a complete group of settings that one can quickly assign to a slide or presentation. Animation schemes apply only to slide titles and text placeholders. To animate other objects the custom animation is used. Several animation schemes also include slide transitions. When one animates placeholder text, all the text in the placeholder is considered one object. However, it is automatically animated paragraph by paragraph — that is, bullet by bullet, which is usually what is wanted. To animate by word or even letter, the custom animation is used too. For more control over animation, than the animation schemes proposed one need to create own settings. New features of custom animation include attaching more than one animation type to an object, animating an object along a path, and animating an object when another object is clicked. The number of the animation options that are included is vast. One can also animate objects such as AutoShapes and text boxes. Because these objects often serve to draw attention anyway, adding animation to them only increases the effect. One can animate WordArt text too. Another type of animation controls how each new slide appears. Because these effects control the transition from one slide to another, they are called transitions. While some of these effects have the same names as animations, they look quite different when applied to an entire slide. Transitions, like slide animation, has to be used with reserve. Many options are available, but that doesn’t mean that one should use them all in one presentation. One of the best solutions is to choose a simple transition and apply it to every slide in the presentation. If the presentation is divided into sections, one could use a second transition to introduce each new section.

Innovation systems in tourism

Innovation systems in tourism Abstract This paper will talk about innovation system in tourism development by introducing an innovation model to attract tourism to destination. The model called attractor-based innovation system that is included different parts such as attractor, scene, scene-maker, scene-taker and the arrangement between tourist and other firms. The aim of the study is to scrutinize how the innovation system in tourism can promote tourism firms and extend an attractor-based tourism innovation system in the destination. The paper will examine implementation of such an innovation system in two examples of destinations around the world. The connection between scene-maker and scene-taker will investigate to realize the creation of local networks. The tourist development could depend on the connection between tourism and attractor-based innovation system in the region. Introduction Tourism industry is growing faster and faster every day and innovation system plays an important role in tourism development. In this paper, I introduce a model that called attractor-based innovation system that is included different parts such as attractor, scene, scene-maker, scene-taker and the arrangement between tourist and other firms. The innovation system focus on service products, market change, customer behavior and changing the processes, for instance replace new goods, services, organizations etc. The concept of innovation may focus on the process change although process will be connected to innovation systems. Innovation refers to the process of bringing any new, problem solving idea into use. Ideas for reorganizing, cutting cost, putting in new budgetary systems, improving communication or assembling products in teams are also innovations. Innovation is the generation, acceptance and implementation of new ideas, processes, products or services Acceptance and implementation is central to this definition; it involves the capacity to change and adapt (Hjalager cited in Kanter, cited from Hall Williams Hall and Williams, 2008 C.M. Hall and A.M. Williams, Tourism and innovation, Routledge, London (2008). ,2008, p 5). It has been investigated that innovation hypothesis promoted in connection with manufacturing segment can be implemented to service segment for instance tourism. Service innovations are seldom RD (Research and Development) based, but running by applied experiences. Innovation in services is incremental which means services and processes are rarely changed. Usually, the process of innovation for service firm is lesser than manufacturing firm because of smaller standard size. I will investigate that scene-taker as an organization and entrepreneur make an essential role in innovation systems in developing the scene. The purpose of the research is how the tourism innovation system may promote the development of tourism firms. Literature review It has been discussed that innovation hypothesis developed in connection with industrialized sector might be utilize in service sector for instance tourism industry (Gallouj, 2002; Vermeulen, 2002). There are some general features for service innovation in tourism, which depends on type of innovation in manufacturing sector (Boden and Miles, 2000). Innovation in services is coming to flexible aspects of innovation rather than practical manufacturing innovation. For instance, organizational and natural innovation is focusing on social issues rather than technological innovation in industries (Tether, 2005; Gallouj, 2002). However, innovation may depend on organizational change that related to association between complexes of firms, it also needs support from stakeholders (Sundbo et al., 2001). However, services and manufacturing have similarities in their basic structure for innovation system, for instance, innovation in product and process are more incorporated in services and service firms are structuring the innovation activities that mean they develop research and development sector. Service innovations are more focusing on developing Information Technology (IT) for service firms (Miles, 1993). I need to give clear definition of tourism in this part. Tourism comprises the activities of persons travelling to and staying in places outside their usual environment for not more than one consecutive year for leisure, business or other purposes. (Mattsson, Jan , Sundbo, Jon and Fussing-Jensen, Christjan cited in WTO, 1991) I need to clarify the meaning of tourism firms. According to Leiper (1999) The tourist industry consists of all those firms, organizations and facilities which are intended to serve the specific needs and wants of tourists. Developing research for tourism innovation has been limited. Hjalager (1997, 2002) has investigated innovation development in tourism sector and he has concluded that innovation policies must focus on other sectors, which are supporting sustainability concept. Poon (1990, 1993) has investigated diffusion of innovation in tourism sector and he examined the development of small firms in tourism. Sunbo (1998) and Jensen (2001) have studied the possibility of using network for small firms in tourism sector and they concluded that small firms in tourism part are less innovative than small firms in other sectors. Product and process innovation related to change in the product or process chain, which represent new products to customer or new service in specific destination or enterprise. In customer purchase decision, product and process innovations might play a significant role in tourism sector (Hjalager, 2010). Process innovations refer typically to backstage initiatives that aim at growing efficiency, production and flow. Technology investments are the anchor of typical process innovation, occasionally in mixture with reengineered layouts for manual work operations. Information and Communication Technology (ICT) has been the base of many process innovations in current decades, and it has involved a major strand of research interest with its own agendas and institutions (Buhalis Law, 2008). For instance, process innovation can be established permeating into visitor attractions for the targets of crowd organize. Process innovations which address energy consumption and climate impacts are on the future program for many types of tourism enterprise and not least transportation (Peeters, Gà ¶ssling, Becken, 2006). Experts have considered science and technology as driving forces for innovation, but they recognize environmental factors such as market changes and political issues as contributors. It has concluded that market demand is a major point-de-fix in typical tourism research, and is clearly considered the single most significant driving force for innovation ([Buhalis, 2000] and [Hall and Williams, 2008]). Process innovations occur broadly in tourism. With an example from winter sports that scrutinize how ski lift capacity is a serious factor in process efficiency and that selection of technology for that reason is critical. Airports implement a variety of technologies that guarantee the mobility of people, baggage, goods and information, in order to improve the challenges of transportation. During recent years, and for a number of purposes, new types of technology have entered airports, for instance, iris-recognition and X-raying ([Cydesdale , 2007] and [Sheller Urry, 2006]). According to Pine Gilmore (1999), Experiences are a fourth economic offering, as distinct from services as services are from goods, but one that has until now gone largely unrecognized. Goods are tangible products that companies standardize and then inventory and services are intangible activities performed for particular client. (Pine Gilmore, 1999, P: 2-9) The concept of innovation system emphasizes the innovation and learning features of the systems. Usually, a system engaged in a type of cluster, special firms, public institutions and other actors that are participate in an interaction system (Porter, 1990; Maskell, 2001). In this system, knowledge is diffused and association recognized, in cooperation enhancing the innovation activities of the firms involved. The innovation system might be considered as a learning system ( Maskell, 2001). The common notion of an innovation system as performed to the tourism segment suggests a system that is more insecurely coupled than in industrialized and other services (Jensen, 2001; Jensen et al., 2001; Hjalager, 2002) and might more properly be termed a network. However, the notion of an attractor-based innovation system in tourism sector that I will recommend in this paper is different from the common innovation system approach performed to tourism. It is more precise since it identifies an obvious originator of the innovation system for instance the attractor and the scene-maker and it introduce development process in the model for instance a scene-taker taking over from the scene-maker and making local networks. Accordingly, an attractor-based tourism model is one example of the common innovation system in tourism sector. After reviewing literature related to innovation system in tourism, the aim of the study will be to expand an innovation model in tourism that has been called attractor- based innovation system. It will continue by investigating two case studies around the world. I have chosen them since I could easily find out the attractor in the cases. I will carry on by introducing different mechanism of the model. The study will focus on investigating the operation of such an innovation model in the long term according to economic and social aspects. I propose to make a comparative analysis between the cases and investigating the operation of the model in different situation and in variety of destination. Introducing an attractor-based innovation system model The tourism development, which is, growth in proceeds and revenue and qualitative regeneration, needs innovations. The tourism development in a region may not exactly belong to innovation by a particular tourism firm. Somewhat, it can be dependent on other surrounding factors in the particular area. This geographical area may not, be seen absolutely as a special destination. However, the purpose of the study has not been to investigate destinations features, but in the tourism innovation systems such as the attractor based innovation system must not be limited to just one destination. According to destinations meaning, the system can be physically dispersed to comprise several destinations or only a part of a destination. In order to investigate the model I need to focus on both innovation and entrepreneurship. The entrepreneurs develop the innovative courage and the essential structures, procure the knowledge and maybe project capital. Therefore, entrepreneurship is the main requirement for innovation. A community entrepreneur could be defining as a social leader who is constructing networks in the best way. According to figure 1, the model of attractor-based tourism innovation system is constructed: attractor, scene, scene-maker, scene-taker and cooperative networks between the scene-taker and tourism firms. I will focus on one purpose of the model that called scene-taker, who plays an important role to maintain the system. Nevertheless, I will carry on by explaining components of the model. The attractor is defined as an event, movement, association or the like that absorbs people to the destination. Attractors generate attention; it is not necessary for them to have special connection with tourism. For instance, the head offices of a famous business or a famous sporting event like (Mattsson, Jan, Sundbo, Jon and Fussing-Jensen, Christjan, 2005) The Olympic Games generate large numbers of visitations. Another example could be a music festival in special destination in limited time that we call it cultural or entertainment event. The attractor transformation happens when it is connected to a situation, what I have called a scene. It includes giving the attractor a clear place and identity in the destination. The main framework for the whole experience of visitors may happen when the attractor is transfigured into a scene. Therefore, the scene is a symbol for the way the attractor integrated with its surrounding situation and conceptualized. The scene-maker is the person who is creating the scene and he investigates the possibilities of applying the attractor for improved visitation. Since the scene-maker establish and conceptualizes the scene, he can be an innovator. He could be an entrepreneur, he may not maintain the scene and he may not be part of tourism section or he may not profit from the generated scene individually. The scene-maker can be an individual, or an organization, a personal firm or a community. A scene-taker is a part of models function, which can be an individual, a personal firm or a community that is capable to take over and continue from that of the scene-maker. The scene-taker has entrepreneurial personality no matter even if it is a person or an organization. The scene-taker is determined and efforts to maintain the scene. The Scene-takers operations may make profit for personal tourism firm by becoming component of a collaborative network rising on the scene. Propositions connected to model of attractor-based tourism innovation system listed below: All components of the model must be present to ensure economic and social viability. The scene-taker is the most crucial function. A scene must have been created before the transition from the scene-maker to the scene-taker can take place. If a scene-taker is present, tourism firms get more business if they make an active effort to utilize the scene. Successful utilization of the attractor (positive effects economically or socially) requires innovation in the tourism firms. Successful utilization of the attractor (positive effects economically or socially) requires a collaborative network between the tourism firms. Conservatism of tourism firms in relating to local firms in other sectors impedes attractor utilization. (Mattsson, Jan, Sundbo, Jon and Fussing-Jensen, Christjan, 2005) Case studies I have chosen two case studies which are called James bond island in Thailand and the Book town Hay-on-Wye in United Kingdom. I will explain two cases to understand function of the innovation system and relation between scene-making and scene taking parts. The main reason for case selection was the attractor entity. In the case of Hay-on-Wye, an entrepreneur develops his idea to become a traditional trader. Accidentally he became an owner of the big book collection. Therefore, he started to sell second-hand books and he made the city like book town. He became a major book trader and he promoted the proposal of book towns worldwide. In the James Bond Island case, a local tour operator got used the name of James bond as a trade name for boat trips to this island in Thailand. He used the reality that a scene in one James Bond film had produced in this island. The following data according to cases and respondents opinion has been collected. According to table 1, we understand how the model according to proposition dealing with economic and social condition. Data collected according to interviewing respondents and they were asking to talk about specific incidents relevant to different parts of model. Respondents must have experiments about events that they were asking about that. The focus was on the connection between events, attractor and other parts of model. For instance, events on how the scene-maker produced the scene from the attractor and relevant to the events situation shifting from scene-maker to scene-taker. Examining the prepositions According to preposition 1, an attractor-based model has had positive result in both cases that means attractor as the main part of the model has made business improved. According to preposition 2, the model has had positive effect. The scene-taker can be an individual or organization that in both cases has been an entrepreneur. Relevant to preposition 3, which is focusing on shifting from scene creation to a scene-taker has been successful in both cases. Therefore, in James Bond Island and Hay-on-Wye a scene has been created. According to preposition 4, the positive activity of the firms has not relied. Regarding proposition 5, for the case of James Bond Island, the innovation actions of tourism firms has been positive and in the case of Hay-on-Wye there is no innovation action. About preposition 6, in both cases there is shared association between tourism firms but no connection between tourism firms and other firms. In conclusion, the preposition 7 which in conservatism within tou rism firms and other parts have been positive in both cases. Therefore, the scene-taker has a significant effect in innovation system. Innovation depended on positive effect of the attractor in the model. Conclusion Bibliography Boden, M. and Miles, I. (Eds) (2000) Services and the Knowledge-Based Economy (London: Continuum). Buhalis, D. (2000). The tourism phenomenon: the new tourist and consumer. In C. Wahab, C. Cooper (Eds.), Tourism in the age of globalization (pp. 69-96). London: Routledge. Buhalis, D., Law, R. (2008). Progress in information technology and tourism management: 20 years on and 10 year after the Internet the state of the eTourism research. Tourism Management, 29(4), 609-623. Clydesdale, G. (2007). Ski development and strategy. Tourism and Hospitality Planning Development., 4(1), 1-23. Gallouj, F. (2002) Innovation in the Service Economy (Cheltenham: Elgar). Hall, C. M., Williams, A. M. (2008). Tourism and innovation. London: Routledge. Hjalager, A. (1997) Innovation patterns in sustainable tourism-an analytical typology, Tourism Management, 1, pp. 35-41 Hjalager, A. (2002) Repairing innovation defectiveness in tourism, Tourism Management, 5, pp. 465-474. Hjalager, A.-M. (2010). A review of innovation research in tourism. Tourism Management, 31(1), 1-12. Jensen, C. F. (2001) Den innovative adfà ¦rd i oplevelsesintensive virksomheder. Et strategisk perspektiv i turisme [Innovative behaviour in experience intensive firms. A strategic perspective in tourism]. Report 01:2 (Roskilde: Roskilde University, Centre of Service Studies). Jensen, C. F. et al. (2001) Innovation stendenser i dansk turisme [Innovation tendencies in Danish tourism]. Report 01:1 (Roskilde: Roskilde University, Centre of Service Studies). Leiper, N. (1999) Are destinations the heart of tourism?, Current Issues in Tourism, 4, pp. 390ff. Poon, A. (1990) Flexible specialization and small size-the case of Caribbean tourism, World Development, 1, pp. 109-123. Maskell, P. (2001) Towards a knowledge-based theory of the geographical cluster, Industrial and Corporate Change, 4, pp. 921-943. Mattsson, Jan , Sundbo, Jon andFussing-Jensen, Christjan(2005) Innovation Systems in Tourism: The Roles of Attractors and Scene-Takers, Industry Innovation, 12: 3, 357 381. Miles, I. (1993) Services in the new industrial economy, Futures, 4, pp. 653-672. Peeters, P., Go ¨ ssling, S., Becken, S. (2006). Innovation towards tourism sustainability: climate change and aviation. International Journal of Innovation and Sustainable Development, 1(3), 184-200. Planning A, 38, 207-226. Pine, B.J. Gilmore, J. H (1999) Experience Economy Harvard Business School Publishing (ISBN 9780875848198). Poon, A. (1993) Tourism, Technology and Competitive Strategies (Wallingford: CAB). Sheller, M., Urry, J. (2006). The new mobilities paradigm. Environment and Porter, M. (1990) The Competitive Advantage of Nations (London: Macmillan). Sundbo, J. (1998) The Organization of Innovation in Services (Copenhagen: Roskilde University Press). Sundbo, J. et al. (2001) Innovation in service internationalisation: the crucial role of the frantrepreneur, Entrepreneurship and Regional Development, 13, pp. 247-267. Tether, B. S. (2005) Do services innovate (differently), Industry and Innovation, 12(2), pp. 153-184. Vermeulen, P. (2002) Organizing Product Innovation in Financial Services (Nijmegen: Nijmegen University Press). WTO (1991) Recommendations of Tourism Statistics (Madrid: WTO).

The Biogeography of the Dolphinfish :: Coryphaena Hippurus Animals Essays

The Biogeography of the Dolphinfish Description of Species Dolphinfish are compressed, elongated fish with a large mouth and many fine teeth. They have a long dorsal fin that stretches from their nape to a forked tail. The anal fin is also long, extending from mid-body to their forked tail. Males have a bony crest on the head that is not present in females. These colorful fish exhibit hues of gold on the sides, iridescent blues and greens on the sides and backs, and white and yellow underneath. The average size of the mature dolphinfish is between 1.5 - 3 ft. and weighs 15 - 30 lbs. Males are generally heavier than females regardless of length (Palko et al. 1982). The largest fish ever recorded was an 87 lb. fish caught off the coast of Costa Rica. Studies of sex ratios are inconclusive in regards to the distribution of males and females worldwide (Palko et al. 1982). Habitat Coryphaena hippurus is a pelagic fish that inhabits tropical and sub-tropical oceans worldwide. This cosmopolitan saltwater fish prefers water above 70 degrees F. (McClane 1974), and therefore, temperature determines the range for this species. The dolphinfish inhabits open waters near the edges of the continental shelves in tropical and sub-tropical environments (Palko et al. 1982). Vertical distribution in the ocean ranges from the surface to approximately 90 feet underwater (Palko et al. 1982). They are commonly found loitering near objects floating in water that may harbor prey species. These objects can be as substantial as large clumps of Sargassum weed, and insignificant as small streams of sea foam. Not much is known about the migration patterns of this fish, but it has been hypothesized that they follow seasonal fluctuations in water temperature in search of more productive food sources (Palko et al. 1982). Natural History Dolphinfish are migratory fish that travel in schools known as pods. The size of these schools is usually determined by size or sex. Young female dolphinfish tend to congregate near Sargassum patties while the young males usually seek the company of older males and females in the open ocean (Palko et al. 1982). Additionally, larger fish travel in smaller pods. Research concerning migration has provided little information about what determines the movements of dolphinfish.

Asian Crisis Essay -- essays research papers

The financial crisis that erupted in Asia in mid-1997 has led to sharp declines in the currencies, stock markets, and other asset prices of a number of Asian countries. It is hard to understand what these declines will actually do to the world market. This decline is expected to halve the rate of world growth in 1998 from the four percent that was projected pre-crisis to an estimated outcome of about 2 percent. The countries that are included in the East Asian crisis, known as "Tiger" economies, are Hong Kong, Indonesia, South Korea, Malaysia, the Philippines, Singapore, Taiwan and Thailand. For these countries to participate effectively in the exchange of goods, services, and assets, an international monetary system is needed to facilitate economic transactions. To be effective in facilitating movement in goods, services, and assets, a monetary system most importantly requires an efficient balance of payments adjustment mechanism so that deficits and surpluses are not prolonged but are eliminated with relative ease in a reasonably short time period. The Asian crisis of recent falls into this category of inefficient balance of payments facilitated by depreciation of its currency. By competitively depreciating its currencies, Asia is exporting its deflation, its overcapacity and its lack of growth to the West, particularly to the US. History The past ten or fifteen years have seen an unprecedented expansion in the extent to which the countries of the world are tied ...

Leukemia and Its Treatment Essay -- Cancel Health Medical

Leukemia is something that we hear about a lot. I believe that people do not understand exactly what leukemia is and how dangerous it can be, I chose this topic to try to help them understand. In this paper I will explain what leukemia is and what treatments you can choose from to treat the cancer. Leukemia is a type of cancer. Cancer is a group of more than 100 diseases that have two or more important things in common. One is that certain cells in the body become abnormal. Another is that the body keeps producing large numbers of these abnormal cells. Leukemia is cancer of the blood ce3lls. When leukemia develops the body produces large numbers of abnormal blood cells. In most types of leukemia, the abnormal blood cells and they do not function properly.(Cancer compass 10)   Ã‚  Ã‚  Ã‚  Ã‚  There are two major groups of leukemia they are grouped based on how fast they spread. Acute leukemia is a cancer that starts in the organs that makes blood, namely the bone marrow and the lymph system. Acute leukemia spreads very quickly. Chronic leukemia is when many white blood cells are made in the bone marrow. Depending on the type of white blood cell that is involved chronic leukemia can be classified as chronic lymphocytic leukemia or chronic myeloid leukemia. Chronic leukemia spreads slowly.( Longe,186)   Ã‚  Ã‚  Ã‚  Ã‚  There are many different types of treatment for leukemia the one that you receive depends on what stage the cancer is in and what kind of leukemia you have. Chemotherapy is one form of...

Law of torts Essay

The word tort is of French origin and is equivalent of the English word wrong, and the Roman law term delict. It is derived from the Latin word tortum, which means twisted or crooked. It implies conduct that is twisted or crooked. It is commonly used to mean a breach of duty amounting to a civil wrong. Definition: a tort is defined as a civil wrong for which the remedy is a common law action for unliquidated damages and which is not exclusively the breach of a contract or the breach of a trust or other merely equitable obligation. A tort arises due to a person’s duty to others in generally which is created by one law or the other. A person who commits a tort is known as a tortfeaser, or a wrongdoer. Where they are more than one, they are called joint tortfeaser. Their wrongdoing is called tortuous act and they are liable to be sued jointly and severally. The principle aim of the Law of tort is compensation of victims or their dependants. Grants of exemplary damages in certain cases will show that deterrence of wrong doers is also another aim of the law of tort. OBJECTIVES OF LAW OF TORTS. i. To determine rights between parties to a dispute. ii. To prevent the continuation or repetition of harm e. g. by giving orders of injunction. iii. To protect certain rights recognized by law e. g. a person’s reputation or good name. iv. To restore property to its rightful owner e. g. where property is wrongfully taken away from its rightful owner. CONSTITUENTS OF TORT To constitute a tort or civil injury: 1. There must be a wrongful act or omission. 2. The wrongful act or omission must give rise to legal damage or actual damage and; 3. The wrongful act must be of such a nature as to give rise to a legal remedy in the form of an action for damages. The wrongful act or omission may however not necessarily cause actual damage to the plaintiff in order to be actionable. Certain civil wrongs are actionable even though no damage may have been suffered by the plaintiff. 1. Wrongful act. The act complained of should, under the circumstances be legally wrongful as regards the party complaining, i. e. it must prejudicially affect him in some legal right. This must be an act or an omission. 2. Damage. The sum of money awarded by court to compensate damage is called damages. Damage means the loss or harm caused or presumed to be suffered by a person as a result of some wrongful act of another. Legal damage is not the same as actual damage. Every infringement of the plaintiff’s private right or unauthorized interference with his property gives rise to legal damage. There must be violation of a legal right in cases of tort. The real significance of legal damage is illustrated by two maxims namely: Injuria sine damno and Damnum sine injuria. Damnum is meant damage in the substantial sense of money, loss of comfort, service, health or the like. By injuria is meant a tortuous act. Injuria sine damno. This is the infringement of and absolute private right without any actual loss or damage. The phrase simply means Injury without damage. The person whose right is infringed has a cause of action e. g. right to property and liberty are actionable per-se i. e. without proof of actual damage. Example: Refusal to register a voter was held as an injury per-se even when the favorite candidate won the election Damnum sine injuria This is the occasioning of actual and substantial loss without infringement of any right. The phrase simply means Damage without injury. No action lies. Mere loss of money or moneys’ worthy does not constitute a tort. There are many acts, which though harmful are not wrongful, and give no right of action. i. e. damage without injury. 3. Remedy. The essential remedy for a tort is action for damages, but there are other remedies also e. g. injunction, specific performance, restitution etc. Further, damages claimable in tort action are unliquidated damages. The law of tort is said to be a founded of the maxim- Ubi jus ibi remedium i. e. there is no wrong without a remedy. Other elements of tort In certain cases, the following may form part of requirements for a wrong to be tortuous. 1. Voluntary and involuntary acts: acts and omissions may be voluntary or involuntary. An involuntary act does not give rise to liability in tort. 2. Mental elements: Plaintiff may be required to show some fault on the part of the defendant. Fault here means failure to live up to some ideal standard of conduct set by law. To determine fault, the following may be proved:- a) Malice: In the popular sense, malice means ill-will or spite. In Law, it means i) intentional doing of a wrongful act and, ii) improper motive. b) Intention: i. e. where a person does a wrongful act knowing the possible consequences likely to arise, he is said to have intended that act, and is therefore at fault. c) Recklessness: i. e. where a person does an act without caring what its consequences might be, he is at fault. d) Negligence: i. e. where the circumstances are such that a person ought to have foreseen consequences of his act and avoided it altogether, he would be at fault if he bothers not. e) Motive: Motive is the ulterior objective or purpose of doing an act and differs from intention. 3. Malfeasance, misfeasance and non-feasance: ‘Malfeasance? refers to the commission of a wrongful act which is actionable per-se and do not require proof of intention or motive. „Misfeasance? is applicable to improper performance of some lawful act, for example, where there is negligence. ?Non-feasance? refers to the omission to perform some act where there is an obligation to perform it. Non-feasance of a gratuitous undertaking does not impose liability, but misfeasance does. Distinctions between Contract and Tort. 1. In a contract the parties fix the duties themselves whereas in tort, the law fixes the duties. 2. A contract stipulates that only the parties to the contract can sue and be sued on it (privity of contract) while in tort, privity is not needed in order to sue or be sued. 3. In the case of contract, the duty is owed to a definite person(s) while in tort, the duty is owed to the community at large i. e. duty in- rem. 4. In contract remedy may be in the form of liquidated or unliquidated damages whereas in tort, remedies are always unliquidated. Distinctions between Tort and Crime 1. In tort, the action is brought in the court by the injured party to obtain compensation whereas in crime, proceedings are conducted by the state. 2. The aim of litigation in torts is to compensate the injured party while in crime; the offender is punished by the state in the interest of the society. 3. A tort is an infringement of the civil rights belonging to individuals while a crime is a breach of public rights and duties, which affect the whole community. 4. Parties involved in criminal cases are the Prosecution verses the Accused person while in Torts, the parties are the Plaintiff versus the Defendant. GENERAL DEFENSES IN TORT Generally, a plaintiff has to prove his case in a court of law and if he does so successfully, judgment is passed against the defendant. The defendant on the other hand may defend the case against himself successfully, thus making the plaintiff’s action fail. There are some general defenses which may be taken to tortuous liability. 1. Volenti Non fit Injuria The general rule is that a person cannot complain for harm done to him if he consented to run the risk of it. For example a boxer, foot baler, cricketer, etc.cannot seek remedy where they are injured while in the game to which they consented to be involved. Where a defendant pleads this defense, he is in effect saying that the plaintiff consented to the act, which he is now complaining of. It must be proved that the plaintiff was aware of the nature and extent of the risk involved. There are however some limitations to the application of the maxim of volenti non fit injuria: -First, no unlawful act can be legalized by consent, leave or license. -Secondly, the maxim has no validity against an action based on breach of statutory duty. -Thirdly, the maxim does not apply in rescue cases such as where the plaintiff has, under an exigency caused by the defendant’s wrongful misconduct, consciously and deliberately faced a risk, even of death to rescue another from imminent danger of personal injury or death, whether the person endangered is one to whom he owes a duty of protection as in a member of his family, or is a mere stranger to whom he owes no such special duty. -Fourthly, the maxim does not apply to cases of negligence. -Lastly, this maxim does not apply where the act of the plaintiff relied upon to establish the defense under the maxims the very act which the defendant was under a duty to prevent. 2. Inevitable Accident. This means an accident, which cannot be prevented by the exercise of ordinary care, caution or skill of an ordinary man. It occurs where there is no negligence on the part of the defendant because the law of torts is based on the fault principle; an injury arising out of an inevitable accident is not actionable in tort. 3. Vis Major (ACT OF GOD). This is also an inevitable accident caused by natural forces unconnected with human beings e. g. earthquake, floods, thunderstorm, etc. 4. Necessity: Where intentional damage is done so as to prevent greater damage, the defense of necessity can be raised. Sometimes a person may find himself in a position whereby he is forced to interfere with rights of another person so as to prevent harm to himself or his property. The general rule is that a person should not unduly interfere with the person or property of another. It is only in exceptional cases of imminent danger that the defense of necessity maybe upheld. It is based on the principle that the welfare of the people is the supreme law. Whether the defense of necessity would extend to inflicting injuries to the person is debatable. 5. Self Defense Everyone has a right to defend his person, property and family from unlawful harm. A person who is attacked does not owe his attacker a duty to escape. Everyone whose life is threatened is entitled to defend himself and may use force in doing so. The force used must be reasonable and proportionate to that of the attacker. Normally, no verbal provocation can justify a blow. An occupier of property may defend it where his right or interest therein is wrongfully interfered with. However, in protecting one’s property, he cannot do an act which is injurious to his neighbour; neither can he adopt a course which may have defect of diverting the mischief from his own land to the land of another person which would otherwise have been protected. 6. Mistake The general rule is that a mistake is no defense in tort, be it a mistake of law or of fact. Mistake of fact, however, maybe relevant as a defense to any tort in some exceptional circumstances e. g.malicious prosecution, false imprisonment and deceit. Thus where a police officer arrests a person about to commit a crime but the person arrested turns out to be innocent the police officer is not liable. Mistake however, cannot be a defense in actions for defamation. 7. Statutory Authority When the commission of what would otherwise be a tort, is authorized by a statute the injured person is remediless, unless so far as the legislature has thought it proper to provide compensation to him. The statutory authority extends not merely to the act authorized by the statute but to all inevitable consequences of that act. But the powers conferred by the legislature should be exercised with judgment and caution so that no unnecessary damage is done, the person must do so in good faith and must not exceed the powers granted by the statute otherwise he will be liable. 8. Novus Actus Interveniens. This is when a chain of events results from a tort so that the loss suffered is not within the scope of those that would naturally occur from the first tort. To refer to a novus actus interveniens is in fact merely another way of saying that the loss was not reasonably foreseeable. This however, does not become an excuse if: – a). An act done in the agony of the moment created by the defendants tort. E. g. If you threw a lighted firework into a crowded market place. Several people threw the firework from their vicinity until it explodes on another? s face. b). Where the intervening act is a rescue. 9. 9 Contributory negligence The defendant may rely upon this defense if the plaintiff is also to blame for his suffering. The defendant must prove that: – The plaintiff exposed himself to the risk by his act or omission. – The plaintiff was at fault or negligent. – The plaintiff’s negligence or fault contributed to his suffering. This defense does not absolve the defendant from liability. It merely apportions compensation of damages between the parties who contributed to the loss. This defense is not available if the plaintiff is a child of tender age. TRESPASS Trespass as a wrong has a very wide application. It could mean unlawful presence in another’s closure or land or premises, offence to the body of a person or even mean wrongful taking of goods or chattels. To constitute the wrong of trespass, neither force nor unlawful intention not actual damage nor breaking of an enclosure is necessary. Every invasion of private property, be it ever so minor is a trespass. Trespass may take any of the following three forms: a) Trespass to land. b) Trespass to person, and; c) Trespass to goods. TRESPASS TO LAND Trespass to land may be committed by any of the following acts: – a) Entering upon the land or property of the plaintiff b) Continuing to remain in such land or property on expiry of license i. e. Permission to be in it. c) Doing an act affecting the sole possession of the plaintiff, in each case without justification. d) By throwing objects into another’s land. e) By using the right of entry for purposes other than for which it was allowed. Generally, trespass to land is a civil wrong. However it may give rise to criminal proceeding; It is important to note that trespass to land is actionable per se, that is, without proof of special damage. In other words, it is not a defense that no damage has been caused by the trespass. Remedies for Trespass to land. 1. Defense of property: He may have to use force till he gets possession but not unnecessary amount of force of violence. This is called remedy of ejection. 2. Expulsion of trespasser especially in case of continued trespass. 3. Distress damage feasant: He may seize and retain them impounded as a pledge for the redress of the injury sustained. 4. Damages: This means recovery of monetary compensation from the defendant. 5. Injunction: This may be obtained to ward off a threatened trespass or to prevent a continuing trespass. 6. Action for recovery of Land: In case the plaintiff is wrongfully dispossessed of his land he can sue for the recovery of the land from the defendant. Defenses against Trespass on land. i. Statutory authority: Where the law allows entry upon land. ii. Entry by license: Where entry is authorized by land owner, unless authority is abused. iii. Adverse possession: Where land has been peacefully possessed for over 12 years without disturbance. iv. Act of Necessity: Example is entry to put off fire for public safety is justifiable. v. By order of court of law: This may be in execution of court order e. g. by court brokers. vi. Self-defense: a trespasser may be excused as having been done in self-defense or in the defense of a person’s goods, chattels or animals. vii. Re-entry on land: A person wrongfully dispossessed of land may re-take possession of it if it? s possible for him to do so peacefully and without the use of force. In this case, he will not be liable for trespass to land. viii. Re-taking of goods and chattels: if person unlawfully takes the goods and chattels of another upon his own land, he impliedly licenses the owner of the goods to enter his land for the purpose of recaption. TRESPASS TO PERSON Any direct interference with the person (body) of another is actionable in the absence of any lawful justification. Trespass to person includes assault, battery and false imprisonment. Assault Assault means conduct or threat to apply violence on the person of the plaintiff in circumstances that may create apprehension that the latter is in real danger. It is committed when a person threatens to use force against the person of another thus putting the other person in fear of immediate danger. Examples: Shaking of fist, pointing of a gun menacingly at another, letting go a dog fiercely etc. It is important to note that not every threat amounts to assault. There must be the means of carrying out the threat and the capacity to effect the threat. The person threatened must be put in fear of immediate danger. An assault is a tort as well as a crime. The intention as well as the act makes assault. Mere words do not amount to assault unless it gives the user? s gesture such a meaning as may amount to assault. Battery Battery means the actual application (use) of force against the person of another without lawful justification. It is immaterial whether the force is applied directly or indirectly to the person. But there must be actual bodily contact between the plaintiff and the defendant. Examples: – striking of another person or touching another person in a rude manner, pouring water on or spitting on another person. Assault and battery is actionable per-se (damage does not have to be proved). False Imprisonment False imprisonment means total restraint or deprivation of the liberty of a person without lawful justification. The duration of the time of detention is immaterial. False imprisonment may be committed even without the plaintiff’s knowledge e. g. by locking him up in his bedroom while he is asleep and then reopening the door before he has awoken. In such a case the plaintiff may still sue. It is not however necessary that the person’s body should be touched. A person is not only liable for false imprisonment when he directly arrests or detains the plaintiff, but also when he actively promotes or causes the arrest or detention of the person. Defenses to assault battery & false imprisonment a). Volenti non-fit injuria: A person who has voluntarily consented to come into actual bodily contact with another e. g. in sports, etc cannot later complain against another person who touches him in the course of playing the game. b). Private defense: A person is within his legal rights to defense himself, his property or his family. But he must use reasonable force in doing so. c). Legal authority: A police officer has statutory authority to arrest a person in the preservation of public peace. Here reasonable force may be used to effect such arrest. d). Forceful entry; The rightful owner of property is entitled to use reasonable force to prevent forcible entry on his land or to repossess his land or goods, which are wrongfully in the possession of another. e). Parental authority: People such as parents, teachers, etc can inflict reasonable punishment for the correction and benefit of the children. Thus a parent exercising parental authority can chastise or even lock-up a child reasonably without being guilty of assault, battery or false imprisonment , nor would a school-teacher. TRESPASS TO GOODS A person can sue for trespass to goods where there is wrongful interference with goods, which are in his possession. Such interference includes wrongful conversion, actual taking of or a direct and immediate injury to the goods. The tort of trespass to goods is meant to protect personal property. To constitute the tort of trespass to goods, the plaintiff must show: – 1. That at the time of trespass, he had the possession of the goods. 2. That his possession had been wrongfully interfered with or disturbed. Trespass to goods are of three categories namely: – 1. Trespass to chattels. 2. Goods Detenue and; 3. Conversion. Trespass to Chattels It means interference with goods, which are in the actual or constructive possession of the plaintiff. It may involve: – Removal of goods from one place to another, – Using the goods or; – Destroying or damaging the goods wrongfully. For an action to be sustainable: – The trespass must be direct. – The plaintiff must be in possession of the chattel at the time of the interference. – The tort is actionable per-se. Detenue This means wrongful withholding or detention of goods from the person entitled to their immediate possession. For example: If A lends his book to Band B refuses, to return it to A, A is said to have committed the tort of Detenue. Conversion This means dealing with goods in a manner that is inconsistent with the right of the person in possession of them. This tort protects a person’s interest in dominion and control of goods. The plaintiff must be in possession or have the right to immediate possession. For example: If A intentionally sells B’s goods to C without any authority from B, A is guilty of conversion. Acts of conversion may be committed when property is wrongfully taken, parted with, sold, retained, destroyed or the lawful owner’s right is denied. Defenses to trespass to goods. Limited defenses are available to a defendant against a wrong to goods. The defendant, however, can claim the right of lien. He may also claim other general defenses like statutory or judicial authority. Remedies to trespass to goods. i. Recaption: The plaintiff can recapture his goods that have been wrongfully taken away from him provided he uses reasonable force. ii. Order for specific restitution: The court may also order for specific restitution of the goods where damages is not adequate a remedy. iii. Damages: The plaintiff is entitled to claim the full value of the goods and damages for any inconvenience suffered by him. OCCUPIERS LIABILITY At common law, an occupier owns a common duty of care to his invites or invitee while within their premises and is generally liable for any injury to them or damage to their goods by reason of condition to their premises. The law relating to occupiers liability in Kenya is contained in the Occupiers Liability Act Cap 34 laws of Kenya. The object of the Act was to amend the law relating to liability of occupiers and to others for injury or damages resulting persons or goods lawfully on any land or other property. Under the Act, an occupier owes a common duty of care to all invitees and their goods. However the common duty of care may be modified or restricted by agreement. The occupier is not liable where the accident occurs through the defective work of an independent contractor provided he can establish that the contractor was efficient as far as he was able and that he had inspected the work done. Defenses An occupier may escape liability if the injury or damage is occasioned by danger of which the occupier had warned the invitee. The occupier may escape liability in respect of any damages caused to the invitee if occasioned by the fault of an independent contractor. The common duty of care does not impose on an occupier any obligation in respect of risks willingly accepted by the invitee. The occupier owes no common duty of care to trespassers and is not liable for any injury or damage they may suffer while in his premises. NEGLIGENCE Negligence means the breach of a duty caused by the omission to do something, which a reasonable man would do, or doing of something, which a prudent and reasonable man would not do. Negligence consist of neglect to use of ordinary care or skill towards a person to whom the defendant owes the duty of observing ordinary care and skill, by which neglect, the person has suffered injury to his person or property. The plaintiff suing under tort of negligence must prove that: 1. The defendant owed him a duty of care, The circumstances must be such that the defendant knew or reasonably ought to have known that acting negligently would injure the plaintiff. A road user owes other users a legal duty of care. An inviter owes his invitees a legal duty of care. A manufacturer of products owes a legal duty of care to consumers. As a general rule, every person owes his neighbor a legal duty of care. The standard of care expected of the defendant is that of a reasonable man. This is a man of ordinary prudence. A reasonable person is an objective stand created by law for all circumstances. Where professionals or experts are involved, the standard of care is that of a reasonably competent expert in that field. There are some circumstances however where not even a reasonable person could have foreseen the plaintiff suffering any loss, in which case, there is no liability upon the person who has committed the injurious act. 2. There has been a breach of that legal duty of care. The plaintiff has to prove that there was a duty imposed by common law, statute or otherwise, upon the defendant and that the defendant was in breach of this duty. However, at certain times, negligence is presumed without proof of breach of duty by the plaintiff. This is in the case of res-ipsa loquitor. RES IPSA LOQUITOR As a general rule, the burden of proving negligence lies with the plaintiff. He must prove that the defendant owed him a duty of care, that the defendant has breached that duty and that he has suffered damage. However, in certain cases, the plaintiff’s burden of proof is relieved by the doctrine of res ipsa loquitor. Where it is applicable Res ipsa Loquitor means that ‘thing or facts speaks for themselves’. This for example, occurs where an accident happens in circumstances in which it ought not to have occurred e. g.a car traveling on a straight road in clear weather and good visibility suddenly swerves off the road and overturns, where a barrel of flour suddenly drops from a warehouse, etc. Such an accident ought not to have occurred except for the negligence of the defendant. Res ipsa loquitor is a rule of evidence and not of law. It merely assists the plaintiff in proving negligence against the defendant. Before it can be relied upon, three conditions must be satisfied, namely: a) The thing inflicting the injury must have been under the control of the defendant or someone whom he controls. b) The event must be such that it could not have happened without negligence and; c) There must be no evidence or explanation as to why or how the event occurred, as the accident is such as in the ordinary course of things does not happen if those who have the duty use proper care. 3. Damage: For the plaintiff to succeed in claim of Negligence, he must prove that he suffered harm, loss or prejudice, unless this is presumed as in the case of Injuria sine damnum. No damage, no negligence. Defenses to Negligence 1. Contributory negligence: This defense is available to the defendant in circumstances in which the plaintiff is also to blame for his suffering. The effect of this defense is to reduce the amount recoverable by the plaintiff as damages by the extent of his contribution. Liability is apportioned between the parties. 2. Volenti non fit injuria: This is the doctrine of voluntary assumption of risk. 3. Statutory authority: The defendant must prove in this defense that he acted in accordance with the provisions of the Act. VICARIOUS LIABILITY Vicarious liability means the liability of one person for the torts committed by another person. The general rule is that every person is liable for his own wrongful act. However, in certain cases a person may be made liable for wrongful acts committed by another person. For example: An employer may be held liable for the tort of his employees. Similarly, a master is liable for any tort, which the servant commits in the course of his employment. The reason for this rule of common law is that: As the master has the benefit of his servant’s service he should also accept liabilities. The master should be held liable as he creates circumstances that give rise to liability. The servant was at mere control and discretion of the master. Since the master engages the servant, he ought to be held liable when gagging a wrong person. The master is financially better placed than the servant. It must be proved that a person was acting as a servant and that the said tort was committed in the course of his employment before a master can be sued for a tort committed by his servant. MASTER AND SERVANT A servant means a person employed under a contract of service and acts on the orders of his master. The master therefore controls the manner in which his work is done. The concept of vicarious liability is based on the principle of equity that employee is normally people of meager resources and it is therefore only fair that the injured person is allowed to recover damages from the employers. Therefore a master is liable for the torts committed by his servant. To prove liability under master-servant relationship the servant must have acted in the course of his employment A master is liable whether the act in a question was approved by him or not. It is immaterial that the alleged act was not done for the benefit of the master. But the master is not liable for torts committed beyond the scope of employment. INDEPENDENT CONTRACTOR An independent contract means a person who undertakes to produce a given result without being controlled on how he achieves that result. These are called contract for service. Because the employer has no direct control of him, he (the employer) is not liable for his wrongful acts. a) However, there are certain cases (exception) under which the employer may still be liable. These are: – a). Where the employer retains his control over the contractor and personally interferes and makes himself a party to the act, which causes the damage. b) b). Where the thing contracted is in itself a tort. c) c). Where the thing contracted to be done is likely to do damage to other people’s property or cause nuisance. d) d). Where there is strict liability without proof of negligence STRICT LIABILITY Strict liability means liability without proof of any fault on the part of the wrongdoer. Once the plaintiff is proved to have suffered damage from the defendant’s wrongful conduct, the defendant is liable whether there was fault on his part or not. Strict liability must be distinguished from absolute liability. Where there is absolute liability, the wrong is actionable without proof of fault on the part of the wrong-doer and in addition, there is no defense whatsoever to the action. Where there is strict liability, the wrong is actionable without proof of fault but some defenses may also be available. Defenses i. Acts of God: Act of God is a good defense to an action brought under the rule. ii. Plaintiffs’ Fault: If the escape of the thing is due to the fault of the plaintiff, the defendant is not liable. This is because the plaintiff has himself brought about his own suffering. iii. Plaintiff’s consent or benefit: That the accumulation or bringing of the thing was by consent of the plaintiff. iv. Statutory authority: That the thing was brought into the land by requirement of an Act of parliament. v. Contributory negligence: if the plaintiff was also to blame for the escape. vi. Wrongful act of third party: the defendant may take the defence of the wrongful acts of a third party though he may still be held liable in negligence if he failed to foresee and guard against the consequences to his works of that third party’s act. DEFAMATION Defamation means the publication of a false statement regarding another person without lawful justification, which tends to lower his reputation in the estimation of right thinking members of society or which causes him to be shunned or avoided or has a tendency to injure him in his office, professions or trade. It has also been defined as the publication of a statement that tends to injure the reputation of another by exposing him to hatred, contempt or ridicule. Following are the essential elements of defamation: – i. False statement: The defendant must have made a false statement. If the statement is true, it’s not defamation. ii. Defamatory statement: The statement must be defamatory. A statement is said to be defamatory when it expose the plaintiff to hatred, contempt, ridicule or shunning or injures him in his profession or trade among the people known to him. iii. Statement refers the plaintiff: The defamatory statement must refer to the plaintiff.