Thursday, October 10, 2019
Token Economy
Leadership Model Jim Forrest was a skilled professional in related issues managing in substance abuse. Forrest had the opportunity to utilize his abilities as a lead in a mental health center. Forrest began his search for new employees by interviewing each person the same. Forrest talked to each candidate in the same style rather than finding out their strengths and weaknesses so he would have a better idea of where to place them to assist with client care. Although Forrest noticed positive change in client care, he also noticed concerns with his employees slowly surfacing.Forrest began to question his professional relationship with each member of his staff. It is important to recognize leadership comes in various styles to provide applicable direction to accomplish specific objectives in the workplace. Supervisory leadership must discuss the task and goals set for the organization clearly to its employees. Contingency Theory believes individuals are different; therefore there is not one way that is the best way of leading a team. Contingency Theory takes a look at the bigger picture that contains dynamics about supervisory leadership skill and other variables within the circumstances.Success of any organization is influenced by a variety of reasons, one of which is leadership style. One style of leadership may not be appropriate in some cases, however may be best in others. Supervisory Process There are 4 main steps in the supervisory process. The first is the beginning phase of the purpose of the supervisor. One of the elements of this process is obtaining reviews from staff and discussing concerns and ideas to make working together more productive (Lewis, Packard, & Lewis, Chapter 7, 2007).In case 7, Jim did not get feedback from his new staff about the implementation of the token economy. The middle phase of the process is the stage where Jim should have realized that his way was not working for everyone; he should have been open minded and ready to make ch anges when concerns were voiced to him, instead he thought that giving them freedom to make their own schedules they should be following the way he wanted things to be done.At this point Jim should have discussed issues and created an action plan. Jim is now in the facilitative confrontation phase (Lewis, Packard, & Lewis, Chapter 7, 2007), problems have began to surface and Jim hears complaining, with the incident of no one being there when he needed Jim will need to sit and discuss his role with the staff and their issues with the way things are being ran.The transition phase is when changes are made (Lewis, Packard, & Lewis, Chapter 7, 2007). If Jim follows through with the confrontation phase, he may be ready to compromise token economy and focus on rules and regulations to get everyone on the same page to productively help clients. Reference Lewis, J. A. , Packard, T. , & Lewis, M. D. (2007). Management of Human Service Programs (4th ed. ). Retrieved from The University of Phoe nix eBook Collection database..
Wednesday, October 9, 2019
Law of Negligence: 1st and 2nd essentials of Negligence Essay
INTRODUCTION Negligence is a part of that branch of Civil Law known as Tort Law. Hence, negligence is a tort. Other torts include nuisance, trespass (to person or goods or land), deceit, passing off, defamation and so on. This lecture will examine the tort of negligence, and will focus on the first two ââ¬Ëessentialsââ¬â¢ needed to prove an actionable case. Lecture 4 will consider the third essential, defences and remedies in Negligence. On successful completion of this lecture, you should (within the scope of the course) be able to: * define the meaning of tort * define negligence * identify and describe the three essentials needed to establish a case in negligence * describe and discuss the legal principles used to establish duty of care for negligent actions * describe and discuss the legal principles used to establish duty of care for negligent advice * identify the attributes of the hypothetical ââ¬Ëreasonable personââ¬â¢ * identify and describe the guidelines used to establish breach in the standard of care TORT A tort is defined as a civil wrong (other than a breach of contract) in the form of a breach of duty for which the legal remedy is an award of damages. Tort Law is quite distinct from the Law of Contract. Pentony, Graw, Lennard and Parker (2003, p.367) puts the difference this way: ââ¬Å"The main difference between tort and contract is that the law of contract essentially deals with the enforcement of rights that the parties have created for themselves through their agreement while the law of torts deals with the enforcement of rights that have been conferred by law ââ¬â irrespective of agreement.â⬠A tort will impose a duty of some kind on a person or persons in certain circumstances, and its breach can entitle the plaintiff to damages asà compensation for the loss or injury suffered. The rights that the tort law protects include the rights of individuals not to have their property, reputation, person or certain interests injured. NEGLIGENCE As noted above, Negligence is but one of a number of torts, albeit the most important one. Negligence is the doing of something which a reasonable person would not do or the failure to do something that a reasonable person would do, which inadvertently inflicts harm. That is, the plaintiff does not have to prove that the defendant either intended his act or its consequences. However, negligence involves more than just careless conduct, and involves a combination of the concepts of duty, breach and sufficient connection in law. Accordingly, there are 3 essentials which the plaintiff must prove ââ¬Ëon the balance of probabilitiesââ¬â¢ in order to succeed in an action in negligence: 1. the defendant owed the plaintiff a duty of care; 2. the defendant failed to conform to the required standard of care; and 3. there was a sufficient connection in law between the defendantââ¬â¢s conduct and the damage (i.e. loss or injury) suffered by the plaintiff (note: the 3rd essential is often discussed in the literature under the heading of ââ¬Ëdamageââ¬â¢ instead of ââ¬Ësufficient connection in lawâ⬠(for example, the Understanding Business Law text at page 718). There is little practical difference between the two terms for our purposes, and the essentials as listed above will be used in our discussions. The Law of Negligence has evolved dramatically during the twentieth century. Donoghue v. Stevenson [1932] AC 562 was a landmark case which laid down the test for duty of care and held that a manufacturer was liable to the ultimate consumer for any damage or injury arising from the consumption or use of goods which were faulty because of the manufacturerââ¬â¢s negligent act. A further watershed in negligence law in Australia came with Shaddock and Associates v. Parramatta City Council (1981) 150 CLR 225, where the court held that those who give gratuitous advice could be held liable for any damage if the advice was negligent. * * DUTY OF CARE The Defendant must owe the Plaintiff a duty of care, which the Plaintiff must prove on the balance of probabilities. If no duty of care is owed, the Plaintiffââ¬â¢s claim must fail. The judge at the trial has the responsibility for deciding whether or not a duty of care exists as the issue is a question of law having regard to the facts of the case. The method used to test the existence of a duty of care will differ depending on whether the action involves negligent advice or a negligent act. The test for duty of care in negligent acts is now relatively complicated, although it evolved from the relatively straightforward test from Donoghue v. Stevenson [1932] AC 562 which was based on whether or not the injury was reasonably foreseeable, and the closeness or proximity of the plaintiff to the defendant. On the other hand, the test for duty of care in negligent advice developed from Shaddock and Associates v. Parramatta City Council (1981) 150 CLR 225 and is based on whether or not the advice was for a serious matter which the adviser is expected to give his or her best advice and it was reasonable that the recipient act on the advice. * * Duty of Care for Negligent Acts * * Historical background: Doctrine of Reasonable Foreseeability and Proximity The historic test for establishing the existence of a duty of care in actions involving negligent acts was laid down by the House of Lords decision in Donoghue v. Stevenson [1932] AC 562. In that decision, the twin duty of care elements of ââ¬Ëreasonable foreseeabilityââ¬â¢ and ââ¬Ëproximityââ¬â¢ were stated in the ââ¬Ëneighbour testââ¬â¢ by Lord Atkin: * * The rule that you are to love your neighbour becomes in law, you must not injure your neighbour; and theà lawyerââ¬â¢s question, Who is my neighbour? receives a restricted reply. You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who, then in law is my neighbour? The answer seems to be persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called into question. * * Hence, for Lord Atkinââ¬â¢s neighbour test, two issues needed to be satisfied: reasonable foreseeability and proximity. For reasonable foreseeability, the question was ââ¬â would a reasonable person, in the position of the Defendant, have foreseen the likelihood of injury to the Plaintiff arising out of the Defendantââ¬â¢s behaviour? For proximity, the question can be posed thus ââ¬â was the proximity (closeness) of the injured Plaintiff such that the Defendant ought to have had him/her in mind when doing the alleged negligent act? The test of reasonable foreseeability is an objective one: that is, what would a reasonable person have foreseen, rather than what the Defendant actually foresaw at the time. Further, it is not necessary that the exact nature of the loss or injury been foreseen, just the likelihood of injury of the same general character as that suffered. Both aspects do not require the Defendant to be actually aware of or know the Plaintiff as an individual ââ¬â it is sufficient that the plaintiff belong to a class of persons of whom the Defendant ought to have been aware when doing the alleged negligent act. * ââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬â- Case Summary reading ââ¬â Understanding Business Law (2008) text, page 695/696 ââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬â- Donoghue v. Stevenson [1932] AC 562 * * Contemporary situation * From a number of decisions in the 1990s, the High Court moved decidedly away from a ââ¬Ëone-bestââ¬â¢ approach for duty of care forà negligent actions and opted for a ââ¬Ëbroad approachââ¬â¢. In particular, the High Court expressed dissatisfaction with ââ¬Ëproximityââ¬â¢ ââ¬â ââ¬Å"proximity is no longer accepted as the defining test [authorsââ¬â¢ italics] to establish whether there is a ââ¬Ëduty of careââ¬â¢ in any particular caseâ⬠(Pentony, Graw, Lennard and Parker, 2008, p. 698). As the Understanding Business Law text (at page 698) notes, the following pattern appears to best represent current High Court thinking in the establishment of a duty of care: * * 1. Determine whether or not a reasonably foreseeable risk of injury existed; without reasonable foreseeability, no duty of care can exist. In some cases (especially those involving direct physical harm from the negligent action), reasonable foreseeability may be adequate in establishing a duty of care by itself. * * 2. Determine whether or not the present case is analogous to cases in which a duty of care has already been established (or is in a category in which a duty of care has been held not to exist). For example, employers are under a general duty of care, which cannot be delegated to others, to provide a safe system of work for their employees. The driver of a motor vehicle owes a duty of care to pedestrians, other road users and adjacent property owners. Other relationships which may give rise to a duty of care include: professionals to clients, schools to students and manufacturers to consumers. * * 3. If the case does not fall into an established category, the Court may look at the important features of the case to establish whether a sufficiently close ââ¬Ëneighbourhoodââ¬â¢ relationship exists to justify a duty of care. In establishing this, the courts can consider the plaintiffââ¬â¢s vulnerability in the matter, along with their reliance on the wrongdoer, the wrongdoerââ¬â¢s assumption of responsibility (if any) and the wrongdoerââ¬â¢s level of control in their actions. * * 4. Determine whether or not ââ¬Ëpolicyââ¬â¢ considerations exist which may work against the finding of a duty of care in such circumstances, especially where a defendant might otherwise be subjected to liability of an indeterminate extent; such considerations ââ¬Å"allow the courts to weigh competing considerations of legal policy to determine whether, despite proof of foreseeability and neighbourhood, a duty should not be imposedâ⬠(Pentony, Graw, Lennard and Parker, 2003, p. 374). * * ââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬â- Specific reading from the Understanding Business Law (2008) text * ââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬â- Chapter 22, section 22.22 through 22.29 discusses the contemporary approach in detail. * * Once the facts of the case support the finding that the Defendant owed the Plaintiff a duty of care when doing the alleged negligent act, it does not automatically lead to an award of damages, as the plaintiff must still prove the other essentials: * (i) the defendant was in breach of the Standard of Care (refer 2nd Essential below) (ii) there was a Sufficient Connection in Law (refer 3rd Essential, Lecture 4) Duty of Care for Negligent Advice There are clear differences between negligent words and negligent acts. According to Chief Justice Gibbs in Shaddock and Associates v. Parramatta City Council (1981) 150 CLR 225, there are three key points of departure, summarized as follows. First, negligent words cannot cause loss by themselves ââ¬â they cause loss only because persons act on them in reliance. Second, it is not uncommon for people in social or informal contexts to make statements less carefully than if they were giving advice in business orà professionally. Last, words may foreseeability receive such a coverage or circulation that the application of Donoghue v. Stevenson (i.e. neighbourhood) might lead to many claims for large amounts of damages. Accordingly, the High Court in Shaddock developed the following test involving the following three questions, all of which must be answered in the affirmative for a duty of care to exist: 1. Was the advice given on a serious matter? 2. Did the speaker realise, or ought he to have realised, that his advice would be acted upon? 2. Was it reasonable for the recipient to act on the advice? ââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬â- Case Summary reading ââ¬â Understanding Business Law (2008) text, pages 729-730 ââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬â- Shaddock and Associates v. Parramatta City Council (1981) 150 CLR 225 Once the facts of the case support the Shaddock tests, it can be concluded that the adviser owed the plaintiff a duty of care. However, such a finding does not automatically lead to an award of damages, as the plaintiff must still prove the other essentials: (i) the defendant was in breach of the Standard of Care (refer 2nd Essential below) (ii) there was a Sufficient Connection in Law (refer 3rd Essential, Lecture 4). * BREACH OF STANDARD OF CARE Given that a duty of care is owed, then how much care has to be exercised? The defendant has to take reasonable care, that is, to act as a reasonable person would have in the circumstances. The ââ¬Ëreasonable personââ¬â¢ is not a real person ââ¬â merely a hypothetical benchmark or device used by the courts, and is deemed to have the following attributes: 1. Intelligence There is a presumption of average intelligence. If a defendant has above average intelligence, this person is not judged according to above average intelligence. On the other hand, if a person has below average intelligence, this person is judged according to the same standard ââ¬â the standard for a person of average intelligence. 2. Knowledge and Skill There is a presumption of a certain level of knowledge and skill that can reasonably be expected of persons in the position, trade, qualifications or profession of the defendant. The defendantââ¬â¢s actual knowledge and skill are generally irrelevant, as the presumed amount depends on the qualifications the person possesses. For example, drivers must have the skill of a competent driver, and people in a trade, profession or business are measured by standards of knowledge and skill which one can reasonably expect in the trade, profession or business. These standards are set by objectively analysed community standards and not the prevailing standards of the particular profession which may have lagged behind perceived community standards. If a person holds out that they have special knowledge or skill not normally associated with the trade, business or profession, then that person will be judged on the basis that he does have these superior standards. However, if people who have additional expertise do not hold themselves out as having such additional expertise, then they will only be judged by the standards applicable to the trade, business or profession they are practising. There are some exceptions, including minors, who are judged against normal children of the same age. * * Guidelines as to Breach of Standard of Care The Courts have developed various guidelines which may be relevant and useful in determining a breach in the standard of care in the circumstances: * The Probability of Harm * The Seriousness of Possible Injury * The Costs and Opportunities of reducing or avoiding the risk * The Value of the Defendantââ¬â¢s Conduct * Conformity with Established Standards * * The Probability of Harm The guideline establishes that the greater the probability of harm, the greater the amount of care which has to be taken. That is, the greater the risk of some kind of harmful injury or loss occurring in the circumstances, the greater the standard of care that would be shown by a reasonable person in their actions and consequently, the greater the probability of a breach if such reasonable care is not exercised. * ââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬â- Case Summary reading ââ¬â Understanding Business Law (2008) text, page 709 ââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬â- Bolton v Stone [1951] AC 850 * * The Seriousness of Possible Injury The guideline establishes that the more serious the possible consequences of injury, the greater the degree of care which has to be shown. That is, the greater the likelihood that some serious injury will arise in the circumstances, the greater the standard of care that would be shown by a reasonable person in their actions and consequently, the greater the probability of a breach if such reasonable care is not exercised. * ââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬â- Case Summary reading ââ¬â Understanding Business Law (2008) text, page 708 ââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬â- Paris v Stepney Borough Council [1951] AC 367 * * The Cost and Opportunities of Reducing/Avoiding the Risk The guideline establishes that when cost and difficulty of avoiding risk is great and the actual risk is small, then there is less likelihood of a breach, and vice versa. That is, if the cost and difficulty of avoiding the risk is small and the actual risk is great, then there is a greater likelihood of a breach if remedial action is not taken. ââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬â- Case Summary reading ââ¬â Understanding Business Law (2003) text, page 381 ââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬â- Latimer v AEC Ltd [1953] AC 643 (section 16.40) * ââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬â- Case Summary reading ââ¬â Understanding Business Law (2008) text, page 712 ââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬â- Haley v London Electricity Board [1965] AC 778 * * The Value of the Defendantââ¬â¢s Conduct The guideline establishes that the less the social or economic value of the defendantââ¬â¢s conduct the greater the likelihood of a breach in the standard of care and vice versa. This of course does not mean that providers of essential services can be careless. The guideline arguably imposes a public policy dimension on the standard of care issue. * Conformity with established standards Conformity with established standards in any trade or profession is important evidence that reasonable care exercised, and vice versa. ââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬â- Case Summary reading ââ¬â Understanding Business Law (2008) text, page 714 ââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬â- Derrick v Cheung (2001) 181 ALR 301 ââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬â- Case Summary reading ââ¬â Understanding Business Law (2008) text, page 715 (section 22.46) Mercer v Commissioner for Road Transport and Tramways (NSW) (1937) 56 CLR 580 The standard of care is set by reference to objectively assessed community values. Indeed, just because a defendant follows common practice does not necessarily show that he is not negligent as a common practice may be shown by evidence to be itself negligent. * * ââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬â- Reading for this lecture from the Understanding Business Law text * ââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬â- Read Chapter 22, sections 22.1 through 22.47.; sections 22.67 through 22.74 * * * Self test exercises ââ¬â Lecture 3 Multiple choice questions 1. Which of the following is true of torts? a) includes any civil wrong b) has an award of damages as the legal remedy c) does include breaches of contract d) all of the above e) both (b) and (c) above 2. Which of the following is not relevant in establishing Negligence? a) there was a contractual agreement between the plaintiff and the defendant b) the defendant failed to show the required standard of care c) the defendant owed the plaintiff a duty of care d) the defendant intended to harm the plaintiff e) both (a) and (d) above 3. The twin tests of reasonable foreseeability and proximity have historically been used to establish a) whether or not a breach in the required extent of care has arisen b) a duty of care for negligent actions c) that the damage suffered by the plaintiff was not too remote d) the defendantââ¬â¢s liability for damages in tort generally e) none of the above 4. Which of the following is relevant to the contemporary approach to establishing a Duty of Care for negligent conduct? a) determine whether or not a reasonably foreseeable risk of injury existed b) determine whether or not the case before the court is analogous to previous cases in which a duty of care has been found to exist c) determine whether a sufficiently close ââ¬Ëneighbourhoodââ¬â¢ relationship exists to justify a duty of care d) determine whether or not policy considerations exist which may work against the finding of a duty of care e) all of the above 5. In which of the following is Donoghue v Stevenson [1932] most associated in this unit? a) value of the defendantââ¬â¢s conduct b) remoteness of loss c) causation d) duty of care for negligent acts e) contributory negligence 6. Under the contemporary approach to establishing a Duty of Care, which of the following relationships would likely give rise to a duty of care? a) Alan, an employer and Bob, an employee of Alan b) Echo, a driver of a motor vehicle, and Foxtrot, another road user c) Alpha, a doctor, and Bravo, his patient d) Maker, a manufacturer, and User, a consumer of his products e) all of the above 7. Which of the following is a requirement for establishing duty of care in negligent advice from Shaddock v Parramatta City Council (1981)? a) the advice must be true and correct b) it was reasonable for the recipient to act on the advice b) the speaker realised or should have realised that the recipient would act on the advice c) the recipient paid for the advice e) both (b) and (c) 8. In relation to an action in Negligence, how much care must the defendant have shown in the circumstances to avoid breaching the required standard of care? a) the amount of care a reasonable person would have shown b) the amount of care the plaintiff would himself have shown c) the amount of care the defendant actually showed d) the amount of care an ordinary person standing nearby would have shown e) the amount of care a lawyer would have shown in the circumstances 9. In which of the following is Haley v London Electricity Board [1965] most associated in this unit? a) probability of harm b) seriousness of possible injury c) costs and opportunities of avoiding the risk d) value of the defendantââ¬â¢s conduct e) conformity with established standards 10. In which of the following is Paris v Stepney Borough Council [1951] most associated in this unit? a) probability of harm b) seriousness of possible injury c) costs and opportunities of avoiding the risk d) value of the defendantââ¬â¢s conduct e) conformity with established standards 11. In which of the following is Derrick v Cheung (2001) most associated in this unit? a) probability of harm b) seriousness of possible injury c) costs and opportunities of avoiding the risk d) value of the defendantââ¬â¢s conduct e) conformity with established standards 12. In which of the following is Bolton v Stone [1951] most associated in this unit? a) probability of harm b) seriousness of possible injury c) costs and opportunities of avoiding the risk d) value of the defendantââ¬â¢s conduct e) conformity with established standards * * * * Short Answer Questions * * Question 1 In a negligence case, name and describe one (1) guideline which the court may use to determine whether the required standard of care has been met. Question 2 Briefly explain the significance of the decision in Donoghue v. Stevenson. Question 3 In the tort of negligent advice, how does the law determine whether the defendant owed the plaintiff a duty of care? Question 4 Who or what is a ââ¬Ëreasonable personââ¬â¢? LAW1100D TUTORIAL 3 Question 1 The WA Parliament passes legislation and an industry body is concerned about the interpretation and application of a particular section which states: ââ¬Å"no person shall sell or offer to sell an offensive weapon in a shop.â⬠Unfortunately, there is no definition of the term ââ¬Ëoffensive weaponââ¬â¢ in the legislation. The industry bodyââ¬â¢s concern about the possible application of the Act to four of its members (a supermarket, a hobby shop, a coffee shop proprietor and an antiques shop owner) centres around four possible scenarios: (i) Would the section apply to a supermarket which gives away a free steak knife for every purchase of goods over $100? (ii) Would the section apply to a hobby shop which sells a plastic toy gun for $20 to a customer? (iii) Would the section apply to a coffee shop in which a customer drinking coffee at a table also sells a flick-knife for $15 to another customer? (iv) Would the section apply to an antique shop which sells a Napoleonic cavalry sword to a collector for $25,000? What is the likely interpretation of the statute for each of these scenarios? Use the rules of statutory interpretation to support your answer. Question 2 A section of an Act provides as follows: ââ¬Å"Where a mortgagee sells land to recover the amount of a loan advanced on the security of the land and the sale of the land provides more than the balance of the mortgage, the balance after sale shall go to the person entitled to the property.â⬠Mark mortgaged his land to ABC Bank in return for a loan of $200,000. Mark is unable to repay the loan, and the ABC Bank (which was given the power of sale by the mortgage document) sold the land to Fred for $250,000. Using the rules of statutory interpretation, which party gets the balance of $50,000 ââ¬â is it ABC Bank, Mark or Fred? Question 3 ââ¬Å"We are told that law is a set of rules that is ultimately enforced in the Courts. One source of law is statute law. To enforce a rule in a statute,à the meaning of it must be understood. To understand the meaning, the words of the rule must be interpreted. If we are to have confidence in the law, this interpretation must be consistent case after case.â⬠Reflect on the above statement, and then describe the aids to interpretation provided by the Parliament and the common law statutory interpretation rules used by the Courts. In your answer, discuss whether or not you think these aids to interpretation and rules are sufficient to ensure the consistent interpretation of statutes.
Hum M3 meka Essay Example | Topics and Well Written Essays - 250 words
Hum M3 meka - Essay Example Besides the internal factors, there exist external influences such as culture, peer groups, career interest and living standards that contribute to the emotional status of an individual (Burns 11). Cognitive concept assesses the significance of thoughts and beliefs in shaping the behavior and values of an individual. Values are the ethical codes that define rational articulation of oneââ¬â¢s ideas or deeds. Values aids in understanding why and how people behave as they do in specific situations. The integration of expectations, goals, values, and links to cognitive and behavioral competencies are crucial in assessing the emotional differences between man and animals. Social reputation and identity is comprised of previous actions, perceived responses from people and expected future behaviors. Norms and customs are internalized into habits, preferences, and expectations that are generalized across common situations in a human beingââ¬â¢s life. From the assessment results, it is clear that an individual uses his or her cognitive component to assess various situations. This helps in developing solutions and responses to queries based on oneââ¬â¢s reasoning. Emotional asp ect also takes a critical role in influencing the responses and self esteem (Branden
Monday, October 7, 2019
MANAGMENT OF HEALTH AND SAFETY Assignment Example | Topics and Well Written Essays - 1750 words
MANAGMENT OF HEALTH AND SAFETY - Assignment Example (2002) stated that contrary to the standard business of product and services, customer satisfaction is intangible and challenging to measure but it is a fundamental aspect of the hospitality business. The industry involves offering an environment that mimics the customerââ¬â¢s comfort zone in terms of accommodation and catering as well as communication. Health and safety must be guaranteed for customers and employees to ensure accomplishment of customer expectations in the hospitality industry are perceived with greater intensity than for many other products and services (David, 2009). Garden, (2008) observed that modern technology has enhanced customer feedback mechanisms, such as the application of mobile technology for customers to place a request and to give instantaneous feedback with regards to the services offered. According to Marshall & Johnston (2009), customers are rational in their evaluation and may give positive remarks where least expected or fail to give credit whe re it is highly anticipated. Hammond et al. (2006) proposes a point of involvement and feedback check whereby employees and customers are offered a chance to indicate if they are satisfied with the health and safety measures that have been put in place within the organization at all levels of the supply chain. Electronic devices can be installed in the various facilities available for customers and employees for them to key in anonymously their views regarding their perceptions with regard to their health and safety. These include food, water and environmental safety in relation to facilities such as kitchen, toilet, bathroom, and bed or water dispenser among others. Whenever an issue is detected, it is electronically transmitted directly into the managementââ¬â¢s notification system. Zheng (2004) observed that constant monitoring of the implementation of health and safety standards is necessary for effective improvements whenever changes are needed. Popper (2004) noted that heal th and safety surveys enhance an organizations capacity to retain and also attract potential customers as well as to retain employees. This is accomplished through well designed and implemented study questions that allow real trend exploration. Such surveys provide useful information regarding the necessary amendments to improve health and safety standards. CODEX ELEMENTARIOS was developed by the UN to control risks in 1962. It developed the hazard assessment system called HACCP (Hazard Analysis and Critical Control; Point). Health and safety study helps in risk analysis to determine if there is high risk (Critical Control Point), medium risk or low risk (control points). It is important to help in the analysis of the intensity or severity of risk and frequency of occurrence (Kotler et al. 2002). 3.0 Research Question Are employees and customers exposed to risks that may affect their well-being? 3.1 Research Philosophy, Approach and Strategy This research will be based on the genera l understanding that workers and customers are rational and will offer a true reflection of their feelings regarding their health and safety in the organization. It is assumed that they clearly understand what they need and are also capable of evaluating whether their expectations have been met. It is also expected that employees and customers will be ready to sacrifice 5 minutes of their time to
Sunday, October 6, 2019
Ways Prehistoric Art can be Interpreted Essay Example | Topics and Well Written Essays - 1750 words
Ways Prehistoric Art can be Interpreted - Essay Example Ways Prehistoric ââ¬Å"Artâ⬠can be Interpreted Prehistoric art are generally artifacts and artwork ranging from cave paintings, megaliths, to figurines that were produced prior to the existence of written language. The interpretation and analysis of prehistoric art requires the collaborative efforts of both historians and archeologists. For example, archaeologists are usually involved in looking for any tangible evidence through the examination of rocks, stones and minerals while historians may be needed to help in creating a chronology as well as the relationship of the artifact to the culture of its time. Generally, during the interpretation of any prehistoric work, a number of concerns regarding the driving force behind the creation of such works usually arise. Consequently, in order to fully interpret and understand prehistoric arts, archeologists, historians as well as art historians usually make their interpretations based on the clues of the cultures of the people that produced such artifacts. The interpretation of any prehistoric work usually begins with understanding and placing them in the context of human creative expressions, the age, as well as the form of the artifact. Additional investigations can also be carried out to determine the tools that were used to make the artifacts and other necessary material evidences that can help towards the formation of a working explanatory hypothesis. For example, archeological evidence reveals that rituals or religious purposes were behind most of the prehistoric artifacts. The interpretation of ancient depictions generally focuses on t he probable message of the art, aesthetic and principles and norms, their composition, and reflection of life. Although many archeologists, historians or art historians may interpret prehistoric arts differently depending on their own personal understanding, scientific clarity requires that any interpretation must not negate the narrative possibilities of the remains of the prehistoric art. This paper discusses some of the different ways through which prehistoric ââ¬Å"artâ⬠can be interpreted. Contextual Interpretation One of the most important ways of interpreting prehistoric artefacts and artworks is the contextualization of images during the interpretation of their symbolism based on the prevailing cultures of their time. Generally, this method involves making judgments on prehistoric artifacts within the presumed context of the peoples daily routines and domestic structure. For example, the interpretation of prehistoric works such as the vulture paintings of Mellaartâ⬠â¢s shrine VII.8 can be effectively interpreted as an evidence of the excarnation of the dead. This is particularly because the vultures were not related to any of the archeological practices of the time and therefore it is more likely that such paintings may have seen the vulture as a Goddess of death when they saw vultures cleaning copses (Lewis-Williams, 73). It can be argued that contextual interpretation is based on the fact that most prehistoric artists were more concerned with the abstract relationships of their artifacts than with the artworks themselves. It is however worth noticing that the contextual interpretation of prehistoric archeological artifacts is normally based on unjustifiable assumptions regarding the tastes or religious practices and ideologies of the people who designed or made the artifact. As earlier been noted, prehistoric art can be several things from the dolmens to little stone collectibles. Sometimes paintings on the walls of the ancient manââ¬â¢s caves as well represent prehistoric art which are vital in the interpretation of the ancient history of the development of art by man. Many palaeontologists, geologists and geneticists while studying the past art use the participant observation in formulating hypothesis concerning social behavior of man during the Stone Age periods when the artistic nature of men improved greatly.
Saturday, October 5, 2019
Should the Outside World Intervene to Help the Victims of Violence In Research Paper
Should the Outside World Intervene to Help the Victims of Violence In Syria - Research Paper Example This report declsres that in Assadââ¬â¢s absence the major players who can decide Syriaââ¬â¢s fate will be divided along sectarian lines. Iran with the Shiite majority and the rebels with a Sunni majority are already at clashes over the deep sectarian divide. But the overall opinion is that Assad has to go because his regime will not be able to hang in for very long. This paper makes a conclusion that the international discourse regarding whether or whether not outside intervention will actually be beneficial for Syria is an ongoing debate that has garnered varying opinions of people who are against it and people who propagate the move. Based upon the secondary research on the topic it seems that for Syria, the better option is to go with outside intervention. This is because the internal situation in Syria is worsening regardless and internal measures to resolve the situation have already failed. The cost that the Syrian people have borne in the wake of this civil war is catastrophic in its sheer degree and as time passes, this only gets worse. Outside intervention represents to Syria a way out of this mess, a resolution of sorts and eventual freedom from Assadââ¬â¢s regime. While many analysts are of the opinion that outside intervention will make things worse, it seems that this will only be the case initially if so. In the longer run, outs ide intervention will be beneficial for Syria and its people.
Friday, October 4, 2019
Analysis Of A Health Care Organization Research Paper
Analysis Of A Health Care Organization - Research Paper Example This subsequently helps them in enhancing social, mental, spiritual and physical well-being. Following are the organizationââ¬â¢s core values (Mission Statement and Guiding Values, 2014): â⬠¢ Showing love and compassion. â⬠¢ Recognizing the dignity and value of every individual as per the religious commandments. â⬠¢ Enabling people to spend a healthy life in terms of soul, mind, and body. â⬠¢ Serving people belonging to every ethnicity, religion, culture, socioeconomic status and gender within the community. â⬠¢ Connecting community with individuals in order to increase the reach of organizational services. â⬠¢ Valuing resources that God has given such as time, financial resources, talent, and humans. The organization has a very distinct philosophy of care which compels it to extend its services to other communities as well. They believe in the protection of fundamental human rights while recognizing that spiritual health requires as much care as the physical health. In order to implement this philosophy, they have established equitable, accessible and ethical health care facilities for patients coming to them. Apart from this, Adventist Whole Health Networkââ¬â¢s goal is to meet faith related issues of the community members while also advocating and training them towards a better lifestyle (Faith Community Nursing, 2014). The organizational structure initiates with the board of directors whereas all the community projects are completed with the collaborative efforts of staff members including doctors and nurses.
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