Policy Development Essay

Domestic violence can be described as any form of deliberate coercion, bodily harm, sexual assault, or any other form of violent behavior committed by an intimate partner. Domestic violence has plagued all walks of life despite the age, race, religion, or background. Violence against an intimate partner is frequently followed by psychological abuse and controlling behavior relating to the methodical blueprint of power and control. Domestic violence comes in many forms but not always seen by the naked eye. Domestic violence constitutes forms of physical abuse, psychological abuse or even death that can be seen by other family members possibly causing a continuous cycle of abuse for generations to come. Facts and Statistics It is hard to grasp the notion that somewhere in the world every nine seconds a woman is being beaten or assaulted. On average, 85% of victims of domestic violence are women and 1 in every three women will endure some form of domestic violence in their natural life. Sadly enough only one fourth of all victims who have been physically assaulted by an intimate partner will actually report it to the police, implying that official statistics will never justify the full scope of the problem. The average age of a female victim who is at the greatest risk of harm by an intimate partner is between 20 to 24 years old. Domestic violence is the primary source of harm to a woman over all other possible harmful circumstances she will encounter. As if domestic violence isn’t already difficult enough for women to endure in an intimate relationship, if she has a male child who witnesses these assaults he is now two times more likely to abuse his partner or children as an adult passing along the cycle of abuse for our future. Statistics have shown that 30% to 60% of intimate partners who assault also assault their children. Intimate partner homicides that are reported to police make up  approximately one third of female homicide victims and 70% to 80% of those victims had a previous assault history. A very small amount of victims actually seek medical treatment after an assault but yet a vastly larger number of approximately 18.5 million victims seek mental health treatment following an assault. Separation isn’t always the ultimate solution to the problem. Over 70% of women who were injured during a domestic violence assault were assaulted after the separation (Safehorizon,  2014). Stakeholders Law Enforcement Often time’s victimization in cases of domestic violence is conducted behind closed doors causing law enforcement to become the first line of defense for victims of domestic violence. If the response of the police is extremely insufficient it has a negative impact on the victim making them less likely to use the criminal justice system in the future. There are typically three types of police responses to domestic violence: non-intervention, mediation, and arrest. The initial typical police response to domestic violence was the non-intervention way as police felt that domestic violence was a private matter best kept at home. The second approach is mediation which promotes crisis intervention including separating both parties, reconciliation, or social services referral. This method was designed to keep domestic violence out of the criminal justice system however, it proved to be ineffective. Now a more practiced policy to domestic violence is the arrest of an offender as a pres umed or mandatory response. Domestic violence cases are different in the sense that the offender can be taken into custody under a warrantless arrest as these types of misdemeanors do not have to occur in the officer’s presence. Legal changes have been made where officers now arrest the primary aggressor instead of the old dual arrest practices affecting the victim more than the offender. It has been shown that an officer is more often than not the victim’s last resort to alleviate the problem as they typically chose other routes as to not affect their livelihood. In all domestic violence situations officers shall make an arrest when an offense of violence has been presented, treat these acts of domestic violence as criminal, never disregard protection against domestic violence based upon race, religion, sexual orientation, immediately report  all cases of family violence, and receive training on domestic violence required by law (Erez,  2002). Due to the fact that domestic violence affects a large number of people, it is plausible to say that leaving the abuser is not as easy as people may think which would ultimately stop the abuse. Since this is true, law enforcement must approach domestic violence as serious as they approach any other significant crime by providing time, resources and attention. Given that law enforcement is spending a ton of time focusing on domestic violence, it is important for these agencies to establish a domestic violence policy that indicates reports will be completed on each domestic violence call regardless of whether or not an arrest was made. The most significant and respected service a law enforcement officer can provide to a victim is an arrest of their abuser (Klein,  2009). Prosecutors Prosecutors play a very important role in the prosecution of abusers within the criminal justice system in hopes of providing harsh judgments preventing reoffending and better protection of victims. If prosecutors fail to prosecute the bulk of domestic violence cases conducted by law enforcement an internal examination into their practices, policies, and priorities should be conducted providing an explanation as to why fewer prosecutions are being processed. They should not allow victims who are unwilling to prosecute their abuser stop them from proceeding on with the case. If a vast number of victims are willing to sign an affidavit of non prosecution, it is certain that prosecutors and law enforcement must come up with a better a way for victims to trust them so more cases are prosecuted. For prosecutors to gain a more successful prosecution rate, they must enhance victim cooperation and involvement by concentrating on the victim’s fears of being abused again or testifying i n court without fear of retaliation. In the event that a defendant possesses serious risk to the victim during trial, prosecutors must take all measures to protect the victim to effectively prosecute the case. It has been insisted upon by the judge that prosecutors report to the court any defendant’s negative actions such as reoffending, threatening or intimidating the victim so that potentially other charges can be added while the original case is still pending. While still being compassionate towards the victim, prosecution must base it case  on the law and penalties of the law versus the individual preferences of the victim as they tend to become more lenient during the course of the trial fearing retaliation in the future. Prosecution must also notify the defendant of this process so they don’t believe this is based upon the victim’s requests. Prosecutors must work hand in hand with law enforcement to obtain all the evidence associated with the case as well as identify and include all witnesses involved. Domestic violence can be deterred if prosecution sufficiently concentrates on the abuser risk by inflicting harsh sentences such as supervised probation and incarceration while revealing the defendants prior criminal and abuse history in hopes to prevent reoffending (Klein,  2009). The ideals that lawmakers had on prosecution or adjudication for domestic violence is consequently not being enforced. Legal representatives may become doubtful about the irregularity of violent behavior, or disbelieve the seriousness of the complainants, can either enforce the law firmly for prosecution purposes, or at the same time be understanding of the physical aggression that could be considered efficient punishment for the victim’s marital infidelity. Legal representatives are prone to characterize domestic violence as a civil matter for a ruling in divorce courts versus criminal courts. The prosecution and adjudication phases are substantial for offenders ultimately deciding their guilt or innocence, establishing a criminal record and providing a punishment. These phases are significant for the victim as well as they begin to trust the criminal justice system again (Erez,  2002). Judges Judges can ultimately be the final step in the adjudication process of domestic violence abusers so their role is extremely crucial in the protection of the victim. Merely handing down a guilty verdict does not guarantee reoffending of the abuser so judges should concentrate more on invasive sentences that include incarceration especially for those who are repeat offenders and those with an extensive criminal history. Even though judges should be open-minded when it comes to the views of the victims regarding punishment, he must enlighten all parties involved that he is compelled to hand out the most appropriate sentence pertaining to this case regardless of whether or not the victim agrees. Regardless whether the  defendant turns himself into the court for a domestic violence case, he should be treated as seriously as the offender arrested on scene as it has been shown that the typical offender flees the scene of the incident prior to officer’s arrival where a warrant is la ter issued for their arrest. Judges should hand down sentences that reflect the offender’s prior criminal history as those are signs of possible reoffending regardless if it reflects prior domestic violence offenses. In the event a defendant offends while pending another court case for domestic violence, judges may take that into account for purposes of bail, civil orders, and sentencing. Affidavits filled out by the victim don’t fully describe the abuse suffered by the victim or the fear of future abuse as this document is solely based upon the incident at hand. It is extremely valuable for the judge to further investigate this case by asking the victim more questions as well as examining the prior arrest history of the offender to have a better grasp on the whole picture relating to the abuse. Judges may issue protective orders to the victim but unfortunately this is only a strong piece of paper and it does not prevent abusers from reoffending. Judges should make every effort to house a user friendly courtroom, safe environment for all parties involved, be compassionate to the victims, and yet stern with defendants once some sort of abuse has been brought forward. When judges are able to represent the courtroom in this manner victims concerns are validated and the defendant’s behavior is shown to be unacceptable (Klein,  2009). Public Opinion Most people are in agreement that someone should step in when an abusive domestic violence situation arises, but they don’t agree on what their involvement should be, or the responsibility of the victim to reduce the violence by removing themselves from the abusive relationship. Even though people have the same opinion about domestic violence being a criminal act, they are not essentially on the same page that police should regularly arrest the offender or use other corrective authority versus using other alternatives. This apparent apprehension may be the outcome of people’s uncertainty concerning the applications of criminal sanctions. One theory is they believe offenders warrant the penalty of arrest or jail, yet another theory is they are often practical about the efficiency of the punishment  actually putting a stop to the aggressive actions or the probability the penalty will ultimately protect the victim. A more promising effect is possibly that of rehabilitation and victim or community focused changes. Nonetheless, such changes like offender treatments, education, and victims ultimately leaving the relationship continue to be a rare result (Carlson,  2002). Reform Recent reform within the prosecution and adjudication process of domestic violence includes the issuance of protective order as well as special legal defenses for battered women who have killed their abuser. At one time civil protection orders were only obtainable through a pending divorce, recently they have been pushed through legislation for battered women who are not currently involved in a divorce proceeding. The main objective of domestic violence reform has been aimed at the prosecution process as it has been found that too many cases, misdemeanors, were falling out of the criminal justice process during different stages. Through the years, domestic violence has become one of the most talked about policies and is in constant reform as ideals are continuously changing. Historically very little action by the police and prosecutors has been done regarding domestic violence and without a more serious offense, prior record of offender, possible weapon use, injuries, or physical evi dence most cases won’t see the inside of a courtroom. The most effective way to present a domestic violence case before the court is to have the victim’s cooperation but yet most prosecutors predict that victims will sign an affidavit of non prosecution ultimately dismissing the case altogether typically causing prosecutors to hesitate before filling a case. Prosecution efforts should be based upon the victim’s safety not the conviction of the offender. It should also be an approach to getting the word out to the offender that the abuse is unacceptable and will not be tolerated. Prosecutors have recently found a way to prosecute domestic violence offenses even when the complainant does not want to pursue charges. They have implemented victim advocacy programs within the prosecutor’s office in hopes to boost victim retention within the process. Another approach is the evidence based prosecution, which is the idea of gathering all significant evidence to build a case against an  offender without the victim. Many peo ple believe these practices take away from the victim’s freedoms of determining their course of action (Erez,  2002). Another reform is that of the battered woman syndrome which has been employed in hopes of fixing past practices of disregarding the difficulty battered women face when she wants to defend herself in court, or the necessity to apply principals of law, or self defense that were not particularly appropriate for issues relating to abuse. This tactic has been used as a legal defense for women who battered or killed their abuser after they have suffered many years of abuse and responded by causing harm or death to them. Often times these cases are from battered women who harm their abuser without first being irritated due to the psychological state of mind the victim has suffered for many years (Erez,  2002). Domestic violence has plagued all walks of life despite the age, race, religion, or background. Without the constant fight by all stakeholders within the criminal justice system for the victims of domestic violence, no real solution to the problem can come of this resolve. Constant and continuous reform is necessary to maintain the safety and security of all victims preserving their trust with the criminal justice system.  

England During the Reign of Mary Essay

To what extent was England dominated by Spain and the serving of Spanish interests during the reign of Mary? Mary I had widespread popular support throughout England and made a triumphal entry into London once she was made Queen. She was determined to re-impose Catholicism and marry Philip II of Spain, which caused some controversy amongst the public. Philip was Spanish and therefore distrusted, and many in England now had a vested interest in the prosperity of the Protestant church, having received church lands and money after Henry dissolved the monasteries. Marys firm catholic beliefs instilled to her when she was a minor were very strong when she took the throne; however it is questionable how much her marriage alliance with the Spanish Prince affected her policies and decision making, thus allowing Spain to dominate England between 1553-58. At age 37, Mary turned her attention to finding a husband and producing an heir. Her cousin Charles V suggested she marry his only son, Prince Philip of Spain. Philip had a son from a previous marriage, and was heir apparent to vast territories in Continental Europe and the New World. Prince Phillip was Catholic, heir to the Spanish throne and related to Catherine of Aragon, Mary’s mother. Mary wanted to marry him. Lord Chancellor Gardiner and the House of Commons unsuccessfully petitioned her to consider marrying an Englishman, fearing that England would be relegated to a dependency of the Habsburgs. The Catholic marriage was unpopular with the English; Gardiner and his allies opposed it on the basis of patriotism, while Protestants were motivated by a fear of Catholicism. When Mary insisted on marrying Philip, protests broke out. Thomas Wyatt led a force from Kent to depose Mary in favour of Elizabeth, as part of a wider conspiracy now known as Wyatt’s rebellion. Although the alliance gave way to a relationship with France, it gave Spain a large influence in how the country would be run and Mary’s want for a marriage affected her decision making for England. Gardiner and Paget worked together to limit Philip’s powers in England. Although he was to be given the title of King, he would have no power to appoint Spaniards to English offices, to dictate foreign policy, or to retain any power after Mary’s death. Philip stayed in England for fourteen months. He pursued a role within the English government, but was disliked within the Privy Council. Mary, however, often took advice from outsiders such as Charles V’s ambassador Simon Renard and this tended to reduce the importance of the  Privy Council in policy matters. During this time it became clear that Mary was besotted with Prince Phillip which suggests Spain were becoming increasingly involved in England’s relations. Phillip could influence Mary at any poin t which may have affected her authority as Queen. During Mary’s reign from 1556, Philip tried to overcome the resistance of the Privy Council and involve England in war with France. Philip’s cause was helped by the invasion of Thomas Stafford – a Protestant exile in France. In April 1557, he landed at Scarborough was almost immediately defeated and was executed in May. Once persuaded, Mary sent 7000 troops to assist the French war, who were also Catholic after news they were to depose Mary. Although Henry II of France denied initiating the raid, England declared war on France. The English navy lent Spain important support at sea. Although the troops succeeded in the capture of St. Quentin, the war was regarded as disastrous because in January 1558, England lost Calais; the last English territorial possession in France, held by England since 1347. St. Quentin was handed over to Spain and it became clear there had been no gain for England in supporting Spain which aggravated the Public. However, Mary did not join the War with France until June. It had broken out in January and Mary had originally denied Phillip her help as she saw no threat. It was not until the plot against Mary was established that she got involved in the war, which suggests her marriag e did not dominate her decision in protecting the Monarchy and Catholicism. Moreover, Mary had successfully made improvements to the English Army. She had increased ship building and developed the Militia with the Militia Act which was passed in 1558, the foundation for Elizabeth’s Armies, and national defences were built up. An Arms Act was later introduced in providing weaponry to the Army for any attacks. The English navy was reorganised and re-equipped. The main aim was to help Philip in his war against the French, but the improvements were important in helping Elizabeth to defeat Philip’s own Armada thirty years later. However, In January 1554, Sir Thomas Wyatt raised a rebellion in Kent. The rebels marched on London intending to capture Mary and prevent her marrying Philip of Spain. The government discovered the plot, and exiled Courtenay. Wyatt’s plot was strengthened when many of the Government troops led by Thomas Howard deserted to Wyatt. The combined force advanced to Southwark but could go no further because London Bridge was strongly held.  Wyatt and his followers revolted after small fights. About sixty men died in the rebellion and 100 more were executed. The rebellion was a direct cause of Mary’s marriage alliance to Phillip. It had been hugely unpopular and many felt she had allowed Spain to dominate the Country to pursue her want for a Catholic England. Moreover, many believed the marriage led to a decline in the Wool Trade, which increased unemployment and encouraged dislike towards Mary. On the other hand, the marriage treaty was Philip was highly favourable to the English, since it would give the future King of England born to Mary and Philip possession of the Netherlands, even perhaps the whole Spanish Empire. Although Mary was besotted with Philip and her want for an heir, it can be argued her need for a Catholic England and strengthening the English Empire was more important. During her reign, Mary looked to return to a Catholic England, but her Privy Council was divided. William Paget and Mary’s supporters wanted to return to the situation at the death of Henry VIII, a church Catholic in doctrine but independent of Rome. At the cost of her religion, Mary burnt Protestants at the stake, which arguably suggests religion dominates her final decisions throughout her time as queen. Her marriage alliance and the war with France indicate Mary was solely trying to restore Catholicism in England. In conclusion, Mary I was completely in love with Philip II. Her marriage to him allowed the Spain to influence English foreign policy making, in particular the French War which benefitted Spain and cost large amounts of money for England. The public quickly became angry towards the queen because of the unpopular alliance and her want for a Catholic England over the protection of the Empire. Overall, Spain did dominate England in pursing their interests during Mary’s reign as seen by her involvement in the French War which ultimately led to the loss of Calais.

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Nietzsche and Sartre are each concerned about the definition of self Assignment

Nietzsche and Sartre are each concerned about the definition of self - Assignment Example This puts every experience that man undergoes to be subject to his own limited understanding. In a sense, this implies that human emotion blows out of proportion due to their own limited understanding of the situation. Nietzsche, on the other hand, elaborates another philosopher’s discovery when he acknowledges self being the value one puts on himself. He agrees that all that man discovers are â€Å"human faculties†. The transcendental aspect christened â€Å"intellectual intuition† by Schelling gratifies the utmost yearnings of human beings. This view of self allows man to pursue his desire oblivious of the outcome as he is a slave to emotion and only aims at actualizing the goal. Both philosophers agree that the definition of self is subjective rather than objective. The essence is to allow each person to define his own boundaries and limits. These might be shaped up by human experience, environment, emotions and individual human fears, but still give credence to the Nietzsche’s and Sartre’s view of self. This is the conclusion that self is the value one ultimately puts on himself; strengths and weaknesses remain relative in all

Experimental Designs I Statistics Project Example | Topics and Well Written Essays - 750 words

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Final exam( to answer question) Essay Example | Topics and Well Written Essays - 1000 words

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H. pylori Research Paper Example | Topics and Well Written Essays - 500 words

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Supportive Learning Environment Essay Example for Free

Supportive Learning Environment Essay Explain how to establish and maintain a safe and supportive learning environment 7.3.1. Explain how to establish ground rules with learner’s to promote respect for each other. 9.3.2. Explain how to promote appropriate behaviour and respect for others. 7.3.2. When considering teaching in Further education, I assumed that managing behaviour and having to establish ‘ground rules’ had been left at the school gates, amidst an onslaught of eggs, signed uniforms and flour. Of course, having had a little experience, I now feel that students in F. E are the most diverse group to teach anywhere in education and with that, equally diverse in terms of behaviour and motivation. In order to establish and instigate ground rules in the first instance, basic rules should be agreed upon from the very start. For example; Mobile phones on silent, no talking while others are speaking and no eating during the lesson. Other rules can be applied as the course progresses. The establishment’s policies and procedures should be observed as a group, as this ensures everybody is aware of them. Observing behaviour, listening to what the students have to say and talking to them in an open forum leads the way to further establishing an agreeable environment in which to learn. Rules can be updated in this way and enable change to be considered depending on how the class develops. In order to remind learners of these mutually agreed guidelines, it is a good idea to display them in the room to refer students to if and when they are breached. Creating a ‘safe’ environment is integral to learning. Disruption, noise, lack of direction, bullying and aggressive styles are not conducive, so it is important in my role to develop good practise in dealing with challenging behaviour and promoting a positive, respectful atmosphere. Once more is known about the students, writing learning objectives for the session and stating what the students will be able to do at the end of the lesson could go somewhere towards promoting expectations and creating order within the room, another point at which to refer to if needed to keep learners on task. A supportive learning environment should be purposeful and task orientated, where the tutor emphasises the need to progress steadily. This can be done by starting lessons promptly, creating a smooth flow to the lesson, involving pupils and monitoring their progression and organisation. A positive effort should be made to ensure pupils have or build on self-respect and esteem by setti ng realistic opportunities for success and helpful support and encouragement whenever difficulties arise. A sense of order within the class can be managed by presenting lessons effectively and establishing positive relationships with pupils- based on mutual respect and rapport. I will, as a tutor, have to develop skills in managing behaviour and use a variety of tactics in order to develop an understanding of students individually and as a group. Hopefully, I will be able to combine that with the correct approach to planning, my approach, the resources to use in order to deal with barriers learners may have adopted towards learning and to maintain a good level of motivation. I believe in creating a relaxed, warm and supportive atmosphere in a group, as in my experience I have found that it creates a positive environment and suits my style when interacting with and enabling others. (Kyriacou, C.1998:65) writes- with regard to this particular style- ‘This better enables pupils to develop curiosity and interest in the learning activities’ However, this may lead to pupils relyin g on help, so it is important to establish and implement boundaries so that the learners initiative and motivation isn’t compromised. Giving feedback in a supportive way can help to encourage students to use study skills by highlighting how making notes or paying attention more closely can better equip them in meeting the demands of the program. Of course, I am aware that not everybody will want to interact fully within the group in this way and some would rather things were direct and less ‘fluffy’. I myself like to find a quiet place during a break and spend time alone. Sometimes I want to stay where I am seated and not move around to sit with other people. In general, promoting this environment and leading by example will in effect have a positive impact on the group. In my previous journal from week one, I wrote about how I try to include pupils who have low confidence in group discussions or activities with other more confident members of the class. In the same way, I also like to try and mix motivated pupils with those who may be struggling to find motivation. In an attempt to understand motivati on and what motivates I have considered Abraham Maslow’s (1987) Hierarchy of Needs in which he describes a series of stages towards achieving ones potential or ‘self-actualisation’. The stages are set as a pyramid with the most basic human need at the base and self-actualisation at the top. The base describes physiology which incorporates basic needs such as food and sleep begging the question, ‘Are the students tired or hungry?’ Safety describes the need for security. I must ask myself, ‘Is the environment safe? Are the students feeling secure and happy? Are they confident in my ability?’ Love and belonging, referring to a need we have as humans to be valued and needed. Looking at this I will need to ensure that all of the students feel included and that they are being respected by the rest of the group. I must ensure that I am using an inclusive approach in teaching. Esteem ‘building this through achievement and by being acknowledged by others’. It will be important to monitor development and ensure growth in confidence through peer support and recognition. Finally, Self-actualisation- the desire to reach what is perceived to be ones ‘full potential’ asking ‘Is there an individual and shared sense of achievement?’ and ‘Are the students operating with initiative, creativeness and independence?’ As a tutor, I will be expected to lead by example in modelling desired behaviour. Not only is it important to treat students with respect, it is important to treat other members of staff and outside agencies in the same way. I have experienced negativity from one staff member towards another member of staff where it was obvious-through body language and facial expressions- that there was a conflict. This impacted negatively on the class, as the students noticed what was going on. As a result, the students ostracised one staff member and took sides. This caused a very difficult atmosphere to work in and the ‘disliked’ member of staff was ignored and treated unfairly. This highlighted the importance of professionalism to me and whenever I have to work alongside people I may not always see eye-to-eye with, I must remain impartial in my views and ensure I keep thoughts and facial gestures very much to myself. References: Kyriacou, Chris (1998) Essential Teaching Skills. Second edition.London. Basil Blackwell LTD

Employee Handbook Essay Example for Free

Employee Handbook Essay When employers are putting together the employee handbook, they need to include some legal issues that may apply when there are any disputes or how go along with some procedures. The handbook is used to familiarize the employees with the policies and procedures that are to be followed in the organization. Employers may include certain provisions that dictate how the employees may carry out certain activities without putting the employer’s business in jeopardy. The employers should ensure that they use the right language that will be later be interpreted by the employees in the right manner and that may not be violating employee organizational rights. Most employers ensure that the employee handbook has certain restrictions that prevent employees from sharing the employer’s confidential information with outsiders. Such information is not usually available to the public and if it happens that it is leaked out, it would cause some damages to their business. However, it is under the National Labor Relations act (NLRA) that the employees are free to discuss details about their compensation or conditions against which they have been employed with other people who are not part of the organization. The NLRB prohibits employers from giving policies of this nature. One of the Sections in the NLRA states that employees have a right to join or form unions or even be engaged in concerted activities. However another section states that there are unfair labor practices that may be faced by an employer if employees join or form these unions or engage in other concerted activities. There may be problematic employee organizational rights that are under the NRLA but the employers can draft them in such a way that they are lawful according to the Act. The employers may include some anti-union statements that may be used when employees engage in unfair labor practices. Whatever provisions are included in the handbook about legal considerations such as how the employer may violate the rights of the employees and generally how each party should conduct its activities without hurting each other. ETHICAL CONSIDERATIONS With many and different types of employees from different parts of a nation or even region, there is always a need for the employers to have certain considerations concerning the ethical culture of the organization. The ethical culture of an organization defines how the employees are to carry out all the operations in the organization. Employees are supposed to treat customers with much respect since they are the major source of profits for the organization. They are supposed to take care of the interests of the employers and at the same time take care of their own interests. These interests should not be in conflict since they depend on the employer and the employer also depends on their efforts. The ethical considerations may also involve how to pass information to their core workers or the line managers or even to the top management. They are supposed to use a certain communication channel that has been specified in the employee handbook. Communication is one of the important aspects in a business and therefore employers may consider this as one of the elements that determine the public image that they depict to the general public. Privacy is also a matter of ethical consideration whereby the employees are obligated to keep information about their employer to themselves and not discuss their terms and conditions of their employment. Each organization and employer will have their own considerations to include in the employee handbooks but they should conform to the Acts of the National Labor Relations Act. Roger K. G. , Bankovich, C. Browning,J. (2005). What’s in Your Employee Handbook? Some Provisions May Be Harmful Rather Than Helpful Under the National Labor Relations Act. ASHHRA/IRI 24th Labor Activity Report. Papademetriou, L. (2003). Employee Handbook: We Scare Because We Care. London: Random House Publishers.

Shift from keynesianism to neoliberalism

Shift from keynesianism to neoliberalism How has the paradigmatic shift from Keynesianism to Neoliberalism impacted on modern society? The shift from Keynesianism to Neoliberalism represented a change from a social democratic mixed economy to a fundamentalist market-first approach. This essay will firstly outline what Neoliberalism means and some of its arguments in opposition to Keynesianism. It will then go on to show how privatisation has been ineffective in achieving Neoliberals intended aims. Thirdly it will examine the falsities of trickle down theory; and finally it will explain the negative effects of Neoliberal globalisation. I conclude that the overall impact of Neoliberalism has been negative. Neoliberalism as a philosophy is based around the principles of individualism, freedom of choice, market security, laissez faire, and minimal Government. These values provide a theoretical grounding for their challenge to Keynesian welfarism; which sought to achieve an extensive welfare state and full employment. Neoliberals claim that the free market, with minimal government interference, would provide the most efficient and socially optimal allocation of resources. They therefore advocate the privatisation and deregulation of public services as a way of removing inefficiencies through promoting competition. Cuts in public expenditure and taxation also minimise interferences in the market. For this reason they also seek to curb the powers of trade unions and hold down wages. They embrace the inequality these policies inevitably create; the theoretical justification being that higher incomes for the rich and higher profits will lead to more investment, indirectly creating jobs and im proving welfare for everyone this is known as a trickle down effect. These values of minimal interference translate on an international level to support for free trade in goods and services, free circulation of capital, and free investment; Neoliberals maintain that globalisation therefore is beneficial to everyone. Keynes on the other hand saw national-level expansion as the route to prosperity (Dumenil and Levy, 2005, p. 24; George, 1999, pp. N/A; Larner, 2000, pp. 5-25; Neale, 2008, p. 125; Robbins cited in Shah, 2009, pp. N/A; Tabb, 1999, pp. 138-143). Privatisation of public services has not increased efficiency as Neoliberals claimed it would, but has in fact done the opposite. This is because public services tend to be natural monopolies, when the minimum size to guarantee maximum economic efficiency [through economies of scale] is equal to the actual size of the market. This efficiency means the provision of the highest quality service at the lowest cost to the consumer. When such industries are privatised, they remain monopolies, only not ones controlled by accountable governments. The new owners therefore impose high prices on the public while cutting corners on the services provided (George, 1999, pp. N/A). This means also that there has been a massive transfer of wealth from public to private hands. In 1984 public companies contributed 7 billion pounds to the treasury, but now that money is going to the financial institutions and large investors that own the vast majority of the shares in privatised companies (George, 1999, pp. N/A). Neoliberalism has also been proven wrong in that the trickle down effect has failed to materialise. Thatchers break up of the trade unions, which meant workers had less power to bargain for higher wages, alongside her tax reforms, which involved massive tax cuts for the rich, had the desired effect of moving money up the economic ladder (George, 1999, pp. N/A). Yet this did not translate into improved general welfare and higher levels of employment as had been predicted, but in fact to the extension over time of slow growth and unemployment (Dumenil and Levy, 2005, p. 18). This resulted in the number of people living in poverty increasing dramatically, from one person in ten prior to her administration to one in four by the end of the Major years. Similarly in the USA, from the beginning to the end of Reagans terms in office, the income of the poorest ten percent of Americans decreased by 15% (George, 1999, pp. N/A). This can be explained by Keynes, who counters the idea that lowerin g wages leads to greater employment by encouraging employers to hire more workers. He contends that although lower wages for a few might have this effect, if this were generalised, it would reduce the purchasing power of the earners who are also customers, leading to a lower aggregate demand for goods and services, and thus a fall in the level of production and employment (Keynes cited in Tabb, 1999, p. 143). The transfer of wealth up the economic ladder via any means, to those who already have most of the things they need, does not result in increased local or national consumption and thus growth, but to speculation on international stock markets (George, 1999, pp. N/A). The freedom of investment and capital movement associated with Neoliberal globalisation, has been disastrous. It has systematically undermined democratic control over economic, as well as other issues. Governments in the modern globalised era rely on attracting Foreign Direct Investment for economic growth, and so in the name of international competitiveness they are forced to abandon their commitments to inclusive welfare systems and full employment, replacing them with an emphasis on economic efficiency. Governments must also abandon other barriers to profitability, which include democratically decided social and environmental regulations. The ever-present threat of capital relocation has led to a race to the bottom in wages and working standards among third world nations, as they desperately attempt to lure investment (Larner, 2000, pp. 5-25; Woodin and Lucas, 2004, pp. 9-48). In conclusion, this essay has exposed the theoretical underpinnings of Neoliberalism as false by highlighting its effects since its first implementation in the 1980s. The idea that the unfettered market would lead to improved social welfare through trickle down is clearly wrong, as the increased levels of poverty and unemployment clearly demonstrate. Also, the hope that privatisation would improve the efficiency of public services was misplaced, due to their position as natural monopolies. Furthermore, on an international level, Neoliberal policies have stifled democracy. The transition away from Keynesianism therefore has had negative effects overall on society. Dumenil, G. and Levy, D. (2005) Costs and Benefits of Neoliberalism: A Class Analysis In Epstein, G. A. (ed.) Financialization and the World Economy. Cheltenham: Edward Elgar Publishing. pp. 17-45 George, S. (1999), A Short History of Neoliberalism [online]. http://www.tni.org/es/node/66533 [Accessed 21/03/2010] Larner, W. (2000) Neo-liberalism: policy, ideology, governmentality. Studies in political economy, Vol. 63: 5-25 Neale, J. (2008) Stop Global Warming: Change the World. London: Bookmarks Publications. p. 125 Shah, A. (2009) A Primer on Neoliberalism. Global Issues [online]. http://www.globalissues.org/article/39/a-primer-on-neoliberalism [Accessed: 21/03/2010] Tabb, W. K. (1999) Restructuring Political Economy. London: Routledge. pp. 132-153 Woodin, M. and Lucas, C. (2004) Green Alternatives to Globalisation: A Manifesto. London: Pluto Press. pp. 3-63

Niagara Falls Case Study :: Environment, Hydroelectric-power, energy

Niagara Falls Case Study Niagara falls lays to the south of Toronto on the border with America. The average depth of the water below Niagara Falls is 170 ft and is as deep as its walls are high. The massive volume of water that flows over the falls causes the water to appear green in colour. The water that flows over Niagara Falls comes from Lake Erie which is one of the four great lakes of America. In excess of 5 billion gallons or over 2 trillion litres of water per Hour rushes over the edge of the Falls. This water going over the falls flows down the Niagara River into Lake Ontario and then into the Saint Lawrence River which is 300 miles away. Continuing further North-East , the water finally flows into the Atlantic Ocean over 1000 miles away The governments of America and Canada control the surrounding area most of which is now parkland and conservational areas so as to keep the area attractive to tourists. 44% of tourists to Canada visit Niagara Falls which is roughly 13.4 million people annually .The falls were formed 12,000 years ago as the retreating glaciers exposed the Niagara escarpment, thus permitting the waters of Lake Erie to flow north, to Lake Ontario. This was at the end of the last ice age The escarpment has been gradually eroded back toward Lake Erie, a process that has formed the Niagara Gorge 7 miles long . The Horseshoe Falls is eroding upstream at a faster rate than the American Falls because of the greater volume of water passing over it. Ice accumulates during the winter in the Maid of the Mist pool. The river may become bridged by this ice mass of up to 70 ft above water level. The force of the ice weighs down and erodes the banks and islands as well as bridges such as the honeymoon bridge which collapsed in 1938. .A great rock slide occurred in 1954 at the American Falls and formed a huge talus slope at its base.

Do Gender Influence the way people view optical illusions? :: essays research papers

Problem: Does gender influence how people view optical illusions? Background: The brain takes cues from images received from the eyes to help it interpret what is being seen. Usually this is important for things like depth perception, but occasionally it leads us astray. The cues make us think we see something that isn't true, or isn't even there. Light waves enter your eye and then enter photoreceptive cells on your retina. The image that forms on your retina is flat, but you see a world of shape, color, depth, and motion. Retinal images are flat representations on a curved surface. Most of the time, we perceive an accurate world of depth, surfaces and objects. Retinal images are open to more than one interpretation. For all retinal images, there are a large variety of possible three-dimensional structures that can be seen. We usually see the correct image, but sometimes a mistake is made. This is when an illusion occurs. The fact that we can see the correct three-dimensional information from a visually ambiguous (open to more than one interpretation) two-dimensional image means that some very powerful restraints must be put on our interpretations of two-dimensional images. These restraints must also account for many illusions. Illusions are a tool for revealing restraints that mediate vision and perception. In some cases, illusions take place because the restraints for interpreting an image are ambiguous. Your visual system can interpret the image in more than one way. Even though the image on your retina remains constant, you don’t see an odd mixture of the two images. Normally, this does not happen because your visual system has developed many different ways to resolve ambiguity. Visual perception is essentially an ambiguity-solving process. This process is called "inverse optics." The visual system is also highly adaptive. It should be understood that both evolution and learning contribute to visual capabilities. Scientists have experimented with these rules to produce illusions

Biography of Myra Belle Starr :: Myra Belle Starr Biographies Essays

Biography of Myra Belle Starr Myra Belle Starr was born in 1848 in the little town of Carthage, Missouri. Myra Belle Shirley later became Belle Starr. She was also one of the three children. When Belle Starr’s older brother died her family moved right outside of Dallas to a little town known as Scyene, Texas. Years later on the 1860’s Belle became involved with a bank robber Cole Younger; he robbed several banks and was hiding from the law. Cole stayed with Belle for a few months until the coast was clear. A few months later after everything was settled, and Cole had gone, Belle Starr gave birth to a beautiful baby girl, named Belle Starr. After Cole and left her she fell in love with another bank and train robber, named Jim Reed. With Jim, Belle Starr became a gang member. The gang members put on a special marriage ceremony for Jim and Belle. After two years Jim was still being chased by the law and moved Belle and Pearl to California, she had another baby named Edward Reed. Starr and two of Reed’s friends robbed a local prospector. In August of 1874 Sheriff John T. Morris who lived in Collin County, Texas, shot and killed Jim Reed. Belle Starr left her two kids with her family members. Belle’s next heartthrob was a Creek Indian outlaw who was known as Jim July. Starr became a Grandmother in 1887, Pearl Younger refused to identif7 the baby’s father, and so then Belle refused to have to child around. After riding part of the way to Fort Smith with Jim July on Feb. 3,1889. Starr turned to go back home but never made it. Pearl found her Mom’s saddle horse in the yard without her Mom. The neighbor found Belle face down on the muddy rode, DEAD. Belle Starr was shot with her shotgun in her back. The gunman shot her off of her horse. After the men were shoveling dirt on her grave, Jim July took a rifle and pointed it at the neighbor and yelled, â€Å" You murdered my wife!† But didn’t shoot. At the hearing of whether Watson was held for murder, after all he was not guilty.

Essay on Tension Essay

The ‘Turn of the Screw’, which was written in the late nineteenth century, is acclaimed by critics for the build up of tension and the suspenseful atmosphere that its author, Henry James, creates throughout the novella. James achieves this by exploiting several characters and features of the book. James manipulates the prologue of the novella by creating a group of listeners who are in anticipation for the story; furthermore the character who narrates the story is not immediately able to retrieve the manuscript, this deliberate slow down of tempo, builds suspense preceding the tale and it prepares the reader for a thrilling story. The setting of the novella is also used to build atmosphere, a technique that James regularly employs is contrasting a moment of tranquil with one of danger. This produces a sharp difference and thus makes the scene of peril seem even more suspenseful. The ghosts of Quint and Jessel are perhaps the largest contributors to the atmosphere and tension within the novel; James uses both ghosts to create a threat to the children which causes tremendous tension and it is the central plot in the book. The children themselves are also manipulated by James to create atmosphere, their behaviour is continually reiterated as perfect and virtuous to such an extent that the reader is almost persuaded to think that their is something not quite natural about them. James uses the prologue to introduce the story and also to create a suspenseful atmosphere about what is to follow. During the prologue there are a group of guests who James uses to create tension. These listeners evidently enjoy listening to stories, especially if they involve ghosts and horror. â€Å"†¦ sufficiently breathless†, â€Å"no comment was uttered† are phrases which are used to describe their attitude towards the stories, clearly conveying the interest and avidness that the guests and frame narrator have for the stories being told. The listeners create an atmosphere of eagerness for the story which is very effective since James’ readers might also imitate this feeling. The character of Douglas plays a pivotal to the build up of tension in the prologue. Upon the first mention of his story, he plays on the emotions of the listeners by continually reiterating how horrifying and terrible the story that he has all of them waiting in anticipation for is. â€Å"It is quite too horrible†, â€Å"nothing at all that I know touches it†; Douglas is gradually building up the suspense before his story by mentioning how ‘horrible’ it is, this feeling of impending disaster that the other guests wait in buoyant expectancy for, before knowing the full details of the story adds to an atmosphere of suspense. The combined facts that the manuscript has to be sent for and further compounded by the knowledge that is locked away also contributes to the same effect, the prolonged wait for the manuscript adds to a feeling of avidness for the story and also the fact that it is locked away has cryptive connotations which suggest that its contents are so terrible that it must be kept away from the world. By now it seems that Douglas appears to have his listeners transfixed upon him and have necessity to listen to his story. The interjection, â€Å"oh how delicious† which was cried by one of the women present; the term ‘delicious’ possibly infers a feeling which is almost desperation for the story. Likewise the way, in which the audience gives a â€Å"unanimous groan†, when the telling of the tale is delayed suggests that they long to hear the story. This deliberate slow down, builds up the tension to what the audience and reader are prepared for a gruelling tale. The gradual build up of suspense through the prologue preludes the main story, in order to exemplify an atmosphere of anticipation and dread of what is to follow. James now uses the setting of the novella to create tension. He allows us to see into the Governess’ mind and we, like her anticipate Bly to be a place of dread since she â€Å"had expected something so melancholy†. It is usual for one to expect that a large country estate which is the setting of a ghost story will be isolated, old and gothic. James cleverly manipulates our assumptions to create an atmosphere of tension. Instead of the gothic building that we expect, we are introduced to something much more pleasant; the Governess upon her arrival is surprised and delighted at what she sees â€Å"what greeted me was a good surprise†¦ I remember as a most pleasant impression†. This peaceful setting lulls the reader into a false sense of security, however at the back of our minds is the idea from the prologue that the story will be horrifying which makes the reader suspicious of the circumstances surrounding the following events; thus creating an atmosphere of tension. This same technique is used before the introduction of Peter Quint. In the pages preceding his apparition there is a vivid description of an idyllic setting such as â€Å"the beauty and dignity of the place†¦ golden sky†. James does this in order to produce a sharp contrast when the ghost appears, making the emergence of the ghost more of a shock and therefore more terrifying for his audience. With the ghost of Peter Quint now firmly entrenched within the story, James uses him as a key contributor for creating an atmosphere of tension. James uses Miss Grose’s detestable presentation of Quint while he was alive in order to create tension. She describes him as â€Å"Impudent and depraved†, â€Å"spoiled†, these quotations give a negative impression of Quint and portray him as an antagonist. However perhaps worst of all he is also related by Grose as â€Å"clever and deep†, exemplifying him as calculating and sinister. Because of his negative introduction the reader is therefore continually persuaded to think of Quint as a dangerous to the children. Upon each appearance Quint is seen closer to the Governess and hence successively more threatening and horrifying. Additionally each time Quint appears he is closer to the children, leading us to suspect that his apparitions are with some sort of intention rather than random. As a result of our perception of him as somebody dangerous and also because he is getting closer and closer to the governess, the reader feels the suspense gradually building since we see him as a threat to both the Governess and the children. The first time she sees him he is distanced at the top of a tower although still narrating the scene as â€Å"stricken with death† suggesting dread, horror and fear. The second time there is only a window separating them and the governess by saying â€Å"A nearness that†¦ Made me catch my breath and turn cold†, makes the point clear that it was the closeness that made it more fearsome. However on the third appearance which is described as the most formidable, they are adjacent to one another, it is this that made the experience so terrifying according to the governess, â€Å"At such close quarters that gave the whole horror†. By making Quint continually more frightful James creates tension because the reader is constantly anticipating more horrifying encounters.

Identify the regulations and requirements relevant Essay

Learning Outcome 1 Understand the principles and practices of assessment 1.4 Identify the regulations and requirements pertinent to the assessment in feature sphere of influence of practice Our policies for management of assessment try out eg portfolios, assessment records, observation records, physical evidence, bookman and witness statements management of assessment records, be all in accordance with the selective discipline Protection suffice (2003). We wasting disease the Acts mandatory guidelines to help us protect the personal data we entertain and/ or process. every(prenominal) swear out and nurture is processed fairly and lawfully and obtained and utilize only for specified and lawful purposes. It is do clear to the students that we only keep adequate, pertinent and not excessive development so as to keep accurate learning that put ups an up to date record that we do not keep for longer than necessary. All assessment culture is processed in accordance with the individuals rights and unploughed secure with the admin team who, all the while, provide learners with the opportunity to request to see the info public authorities hold about(predicate) them in line with the Freedom of information act (2000)Our storage and retrieval of information is password protected when online/ digital, and under dummy up and key when physical. The confidentiality of the data is paramount and our use of technology to share information with germane(predicate) parties eg learners, other assessors, employer, colleagues, organisation must deliver by our protocol before it is considered. The college follows regulations cover song sharing of assessment/ personal information pastime Ofquals lead as we protect the interests of learners and promoting public confidence in the national qualifications system (Ofqual, 2008, p3) through our original and rigorous approach to safeguarding information.By following these procedures the college follows the recognise d standards for the Regulatory arrangements for the Qualifications and Credit modelling (2008), Health and safety at work (1974), and the Equality Act (2010) to help its own reputation as a correct/ outstanding honor organisation. This in repeal helps the organisations vocational links to the SSC sector skills council and its exertion standards of data protection while overly increasing the skills and productivity of ourrespective sectors men under safe, professional circumstances. These guidelines provider us with influence as to how we can break off development our own qualifications and apprenticeships. Edexcel is our primary awarding organisation so their policies and guidelines are arguably the most regularly used every day.

Law of Tort

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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