Personality and Achievement in the Plays Death of a...

The characters Willy and Troy, from the plays â€Å"Death of a Salesman† and Fences,† share several qualities of personality and achievements. They are both fathers nearly at the twilight of their lives, suffering the consequences of decisions they made when they were younger. These men have worked for their whole lives to make money, as opposed to doing something for which they have passion. Willy and Troy spent their lives trying to achieve stability with money, only to come up with lives that constantly strive for payday, and families that begin to emulate their behaviors. Both Troy and Willy spend their life working toward the wrong goal, and they do not see the harm in it. In â€Å"Fences,† Troy tells Rose what he thinks his life is overall,†¦show more content†¦He is beginning to see his family as a burden. In â€Å"Death of a Salesman,† Willy tells his boss of one of his heroes: â€Å"†¦he’d go up to his room, at the age of eighty-four, he made his living. And when I saw that, I realized that selling was the greatest career a man could want† [pg.81]. Willy’s idolization of a man who made money without going out of his way shows what Willy really thinks of work. His dream is to make money without working hard, and he thought being a salesman would be easy, like â€Å"old Dave,† the man he told his boss about, did his job. Also, the green velvet slippers signify the ability to make money even in very old age, which is what Willy tries hard to tell his boss. With all this monotony and desire for money, Troy and Willy’s families get sucked into the desperate cycle of the men. Troy tried very hard to impress his ideas on his children. Sometimes it was in good circumstances, and sometimes it was in bad ones. His son, Cory, recognizes this after Troy dies. He says, â€Å"†¦That shadow digging in your flesh. Trying to crawl in. Trying to live through you. Everywhere I looked, Troy Maxson was staring back at me†¦Ã¢â‚¬  [pg. 97]. Cory is saying that after growing up, he realizes Troy tried to control his life throughout his youth. Cory also describes Troy as a shadow, because to him, his father was frightening as an idea. Troy was the one who would have the final say in everything that involved Cory’s life. This principle of determinismShow MoreRelatedEudora Welty a Worn Path12166 Words   |  49 PagesAdministration (WPA) photographer, a job that took her on assignments throughout Mississippi. The experience of traveling throughout the South in order to observe people gave her the impetus to begin writing stories. Her first published story, Death of a Traveling Salesman, was accepted in the journal Manuscript, and within two years her work was being accepted in many publications, including the Atlantic and the Southern Review. Welty has never married, and despite stints in Wisconsin in college and NewRead MoreEudora Welty a Worn Path12173 Words   |  49 PagesAdministration (WPA) photographer, a job that took her on assignments throughout Mississippi. The experience of traveling throughout the South in order to observe people gave her the impetus to begin writing stories. Her first published story, Death of a Traveling Salesman, was accepted in the journal Manuscript, and within two years her work was being accepted in many publications, including the Atlantic and the Southern Review. Welty has never married, and despite stints in Wisconsin in college and NewRead MoreDeveloping Management Skills404131 Words   |  1617 PagesCore Self-Evaluation Scale 103 Scoring Key 103 Comparison Data 103 2 MANAGING PERSONAL STRESS 105 SKILL ASSESSMENT 106 Diagnostic Surveys for Managing Stress 106 Stress Management Assessment 106 Time Management Assessment 107 Type A Personality Inventory 108 Social Readjustment Rating Scale 109 Sources of Personal Stress 111 SKILL LEARNING 112 Improving the Management of Stress and Time 112 The Role of Management 113 Major Elements of Stress 113 Reactions to Stress 114 Coping with StressRead MoreCrossing the Chasm76808 Words   |  308 Pageskitchens, lies a technology called application-specific integrated circuits, or ASICs. These are tiny microprocessors that are producible in high volume up to the last layer, which is then designed by the customers to add the final veneer of personality needed for their specific product. ASICs embody many of the fundamental elements of modern marketing—radical customizability overlaid onto a constant and reliable foundation, dramatically shortened times to market, relatively small productionRead MoreLogical Reasoning189930 Words   |  760 Pagesdecision, too. He wants to stay, but not by himself. Still, he isnt convinced by Juanitas reasons. Look, he says, if the stream were poisonous, everything in it would look dead. There are water spiders and plants living in the stream. Its no death trap. At this point you are faced with one of lifes little decisions: What do you do about the water situation? Go or stay? Someone else might make this decision by flipping a coin. A logical reasoner is more rational. 4 A first step inRead MoreProject Managment Case Studies214937 Words   |  860 Pagesimplement it for fear it will affect the performance of the Automotive Components Division. QUESTIONS 1. 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Personality Type Consumer Behavior Free Essays

â€Å"Personality type and its effect on Consumer Behavior† | | | | Submitted by: Ashu Gurtoo| 09bshyd0186| Project Proposed: â€Å"Personality type and its effect on consumer behavior† Description of the project: We will first try to understand what is consumer behavior What do we really want to study when we say that we want to study consumer behavior? * Why consumers make the purchases that they make * What factors influence consumer purchases * Why people behave as they do What are the mental processes involved * Who buys * What are their choice criteria * When do they buy * How do they buy * Likely buyers reaction to marketing strategy The marketing concept stresses that a firm should create a marketing mix that satisfy the customers, therefore the firms need to analyze what, where, why and how customers buy. Understanding consumer behavior is essential to the development of marketing strategies-especially pricing, product design, segmentation, targeting, positioni ng and promotion.There are various theories that explore the various drives that impel consumers towards their choice * Psychological model – focus on motives for buying and process of learning * Sociological models—Consumer behavior is determined by social forces that act upon them * Economic models – focus on the consumer as a self interested utility maxi miser- intent on maximizing enjoyment from his/her purchases * Stimulus response models – composite models taking into account a variety of factors including stimuli from marketing What are the various stages one goes through when one plans to buy some thing? Problem recognition * Information search * Emergence of range of alternatives * Evaluation of alternatives * Purchase decisions * Purchase * Post purchase evaluation Review of literature: Consumer decision making style can be defined â€Å"as a mental orientation characterizing a consumer’s approach to making choices†(Sporles and Kan dall,1986,p. We will write a custom essay sample on Personality Type Consumer Behavior or any similar topic only for you Order Now 267). Sproles and Kendall(1986) view this construct as â€Å"basic consumer personality†, analogous to the concept of personality in psychology (p. 268). Research on this construct can be categorized into three main approaches: the consumer typology approach (Darden and Ashton, 1974; Moschis 1976); the psychographics/lifestyle approach (lastovicka, 1982;Wells, 1975); and the consumer characteristics approach(Sproles, 1985;Sproles and Kendall, 1986; Sproles and Sporles, 1990). The unifying theme among these three approaches is the tenet that all consumers engage in shopping with certain fundamental decision making modes or styles including rational shopping, consciousness regarding brand, price and quality among others.Parenthetically, the focus on this topic seems to be an American preoccupation since no studies could be located from researchers in other countries. Objective of the project: As the world becomes commercially more integrated the customers around the world have unprecedented amount of choices this makes the buying behavior more and more complex. The abundance of choices in the retail environment makes the completion betw een the sellers very intense. If that was not enough the ever new means of advertisement and readily available information on various goods make the buying decision even more complex.The purpose of this research is to investigate the decision making profile of consumers and to link it with their respective personality types. This investigation can help in understanding the consumer’s shopping behavior. Advertisers and marketers can use such profiles to segment consumers into viable and profitable clusters. Armed with such knowledge, marketers and advertisers can better advertise their products. The big 5 rating scale: The big five rating scale which is also referred to as the OCEAN model of personality rates people on the 5 major dimensions of the human personality these are Openness to Experience/IntellectHigh Scorers: Tend to be original, creative, curious, and complex Low Scorers: tend to be conventional, down to earth, narrow interests, uncreative Conscientiousness High Scorers: tend to be reliable, well organized, self disciplined, careful Low Scorers: tend to be disorganized, undependable, and negligent Extraversion High Scorers: tend to be sociable, friendly, fun loving, talkative Low Scores: introverted, reserved, inhibited, quit Agreeableness High Scores: tend to be good natured, sympath etic, forgiving, and courteous Low Scores: tend to be critical, rude, harsh, and callousNeuroticism High Scores: tend to be nervous, high-strung, insecure, worrying Low Score: tend to be calm, relaxed, secure, and hardy On the basis of this big five scale we will classify people into 10 categories which will be Dimension | Score | Openness to Experience| H/L| Conscientiousness| H/L| Extraversion| H/L| Agreeableness| H/L| Neuroticism | H/L| The identification will be done on the basis of the Questionnaire which will be provided to the respondents. The Questionnaire is provided at the end of the report.After identifying the 10 personality types an attempt will be made to identify these personality types with the consumer behavior they are reflecting. Consumer Behavior: To identify the basic consumer behavior 34 questions have been asked which cover the length and breadth of the basic things which can come to a customers mind while making a purchase these questionnaires will be given t o respondents after which the technique of factor analysis will be used to identify whether these can be clubbed into any larger dominant factors. How to cite Personality Type Consumer Behavior, Papers

Hospitality Principles of Marketing

Question: Discuss about the Hospitalityfor Principles of Marketing. Answer: Brief Background of the Chosen Tourist Attraction The Sydney Opera House is one of the finest creations of the 20th century. It was inaugurated in the year 1973. The house is one of the finest examples for not only the structural design but also the architecture, which is involved in its creation. The creativity and innovation has found its utter place in its construction. It comprises of three shells, which interlocks each other. Of the three shells, two roofs are dedicated for the performance halls and the remaining one is for the restaurant purpose. It is termed as a masterpiece of the 20th century. This is because of the fact that it has unparalleled structure and design. The technological involvement in its construction has put this in the list of those, which have proved their iconic status for their architectural design. One of the biggest achievements for the house came in the year 2005 when it was included in the National Heritage List under the supervision of Environment Protection and Biodiversity Conservation Act 1999 (C entre, 2017). SWOT Analysis Strengths Greatest of all the theatrical forms that combines the visual arts, drama and music Experience is powerful, which is deep in emotional theatrical experience It has four major opera companies including the national flagship Company Opera Australia Artistic standards and the production values of the above mentioned four companies are up to a higher degree, a fact, which is acknowledged internationally All the four major companies are engaged in managing young artists by providing some kinds of training and opportunities for performance This is a healthy move for the younger generation as this provides opportunities for the creation of more young singers Weaknesses Availability of finest singers in Australia is tough in the current situation as most of the finest singers prefer going to Europe for having better expose to a large group of audience This helps them in earning a big amount as well as a good recognition, which would have been limited by being in Australia only The problem can be referred to a Catch-22 situation that highlights the unavailability of great singers just for having good exposure to the world audience as this is necessary for the enhancement of credibility Backstage facilities are challenging Quality orchestral sound is missing Training facilities are of lower standard if it is compared with some foreign locations such as the United States and the United Kingdom Lack of funds is a problem that hampers the development of new arts and works Lack of broadcasting in all form of media such as radio, TV and other possible media Incapable funding has resulted in the above problem Lacks in professional development during the crucial period in between the tertiary training and verbal maturity Opportunities Despite of several weaknesses, it has opportunities coming to its way in the form of collaboration with different subsidised drama companies Educating public on the funding for the subsidised performing is creating opportunities for the funding related issue, which is also responsible for the less development of new singers and artists Cultural tourism is another opportunity for the Opera as it attracts thousands of international and national visitors Threats Scarcity of funding Lack of professional development Participation of finest singers in some other parts of world Table 1: SWOT analysis of Opera house, Sydney Source: (Created by Author) The Opera House of Sydney is one of the greatest architecture in this world. This is because of its architectural design. However, the house is challenged by some factors in recent times. It lacks in sufficient funding, which is also hampering the professional development of new artists and singers. It also lacks in the backstage facilities and the availability of quality singers, as they prefer some other locations such as Europe. However, opportunities are moulding towards its way as it is engaged in collaboration with some subsidised drama companies. More importantly, it is attracting a bulk participation of both the domestic and the international tourists, which is good for the economy of Australia. Indeed, it is good also for the Opera House, as it would generate necessary development related awareness into the local government (Musicinaustralia.org.au, 2017). Target Profile The target customers are those who love arts and music. The great singers and artists are also the target customers of the Opera House. Nevertheless, domestic and foreign tourists are one of the most targeted profiles of the House (Gibson Connell, 2012). References Centre, U. 2017. Sydney Opera House. [online] Whc.unesco.org. Available at: https://whc.unesco.org/en/list/166 [Accessed 13 Apr. 2017]. Gibson, C., Connell, J. (2012).Music festivals and regional development in Australia. Ashgate Publishing, Ltd.. Musicinaustralia.org.au. (2017). SWOT Analysis of Opera - Music in Australia - Knowledge Base. [online] Available at: https://www.musicinaustralia.org.au/index.php/SWOT_Analysis_of_Opera [Accessed 13 Apr. 2017].

Practice Problems free essay sample

Evolutionary theories often emphasize that humans have adapted to their physical environment. One such theory hypothesizes that people should spontaneously follow a 24-hour cycle of sleeping and waking—even if they are not exposed to the usual pattern of sunlight. To test this notion, eight paid volunteers were placed (individually) in a room in which there was no light from the outside and no clocks or other indications of time. They could turn the lights on and off as they wished. After a month in the room, each individual tended to develop a steady cycle. Their cycles at the end of the study were as follows: 25, 27, 25, 23, 24, 25, 26, and 25. Using the . 05 level of significance, what should we conclude about the theory that 24 hours is the natural cycle? (That is, does the average cycle length under these conditions differ significantly from 24 hours? ) (a) Use the steps of hypothesis testing. (b) Sketch the distributions involved, (c) Explain your answer to someone who has never taken a course in statistics. We will write a custom essay sample on Practice Problems or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Answer Null hypothesis H0: = 24 hours Alternative hypothesis: H1: ? 24 hours Df = 7 Critical t value = Â ±2. 36 Sample Mean = 25 Standard deviation = 1. 195 The test statistic used is P-value = 0. 049867231 Since calculated p-value 0. 049867231 is slightly less than 0. 05(significance level) therefore we reject the null hypothesis. Because there is enough evidence to support the claim that the average cycle length under experimental conditions is significantly different from 24 hours Ch. 8, Practice Problem: 18 Twenty students randomly assigned to an experimental group receive an instructional program; 30 in a control group do not. After 6 months, both groups are tested on their knowledge. The experimental group has a mean of 38 on the test (with an estimated population standard deviation of 3); the control group has a mean of 35 (with an estimated population standard deviation of 5). Using the . 05 level, what should the experimenter conclude? (a) Use the steps of hypothesis testing, (b) sketch the distributions involved, and (c) explain your answer to someone who is familiar with the t test for a single sample but not with the t test for independent means. Answer Null hypothesis: Â µ1 = Â µ2 Alternate hypothesis: Â µ1 ? Â µ2 Pooled standard deviation = sqrt((19*3^2+29*5^2)/(20+30-2)) = 4. 32 t-statistic = (38 – 30)/(4. 32*sqrt(1/20+1/30)) = 2. 4056 degree of freedom = 20+30-2 = 48 t-critical = 2. 0106 As t-statistic is greater than critical t, we have rejected the null hypothesis. The scores for two groups are not same. The group that was been experiment on had higher scores. There is enough evidence to support that there is significant difference in mean knowledge of two groups. Ch. 9, Practice Problem: 17 Do students at various universities differ in how sociable they are? Twenty-five students were randomly selected from each of three universities in a region and were asked to report on the amount of time they spent socializing each day with other students. The result for University X was a mean of 5 hours and an estimated population variance of 2 hours; for University Y, M = 4, S2 = 1. 5; and for University Z, M = 6, S2 = 2. 5. What should you conclude? Use the . 05 level. (a) Use the steps of hypothesis testing, (b) figure the effect size for the study; and (c) explain your answers to parts (a) and (b) to someone who has never had a course in statistics. Answer Null hypothesis: H0: There is no significant difference in the mean amount of time spent for socializing each day with other students by student from 3 colleges. Alternative hypothesis: H1: There is significant difference in the mean amount of time spent for socializing each day with other students by student from 3 different colleges. The test statistic used is F test (ANOVA). Conclusion: Reject the null hypothesis, the value of test statistic is greater than the critical value of F. The sample provides enough evidence to support the claim that there is significant difference in the mean amount of time spent for socializing each day with other students by student from 3 colleges. Effect Size We calculate R^2 = 50/350 = 0. 143. Thats a measure of effect size. ANOVA test is used test whether there is difference in the mean amount of time spent for socializing each day with other students by student from 3 colleges. The Value of test statistic is greater than the critical value indicate that there is significant difference in the mean values. The effect size for the study is 0. 25. Thus 25% of the total variance in the amount of time spent for socializing each day with other students is attributed to the college. C. This means that there is good reason to think that not all of the colleges are the same. Furthermore, we can explain around 14% of the variability in time spent socializing. Ch. 11, Practice Problems: 11 Make up a scatter diagram with 10 dots for each of the following situations: 1. perfect positive linear correlation, 2. large but not perfect positive linear correlation, 3. small positive linear correlation, 4. large but not perfect negative linear correlation, 5. no correlation, 6. clear curvilinear correlation. For problems 12 to 14, do the following: 1. Make a scatter diagram of the scores; 2. describe in words the general pattern of correlation, if any; 3. figure the correlation coefficient; 4. figure whether the correlation is statistically significant (use the . 05 significance level, two-tailed); 5. explain the logic of what you have done, writing as if you are speaking to someone who has never heard of correlation (but who does understand the mean, deviation scores, and hypothesis testing); and 6. give three logically possible directions of causality, indicating for each direction whether it is a reasonable explanation for the correlation in light of the variables involved (and why). Answer A. Perfect positive linear correlation B. large but not perfect positive linear correlation C. small positive linear correlation D. large but not perfect negative linear correlation E. no correlation F. clear curvilinear correlation Ch. 11, Practice Problems: 12 Four research participants take a test of manual dexterity (high scores mean better dexterity) and an anxiety test (high scores mean more anxiety). The scores are as follows. Answer A. B. We see a negative relationship between the two variables. The correlation between dexterity and anxiety is negative. Higher values of dexterity tend to be associated with low values of Anxiety (and vice versa). C. Correlation coefficient r = -0. 9037 correlation coefficient from excel using the =correl () function. D. Ho: Correlation coefficient is greater than or equal to zero Ha: Correlation coefficient is less than zero Test statistic t = -2. 98481 P-value = 0. 048152 Since p-value is less than 5% we reject Ho and conclude that correlation coefficient is negative. E. Since the correlation was zero, what we have found is that seeing the data we have observed is highly unlikely. Concluding the variables are related in a significant way. If there is increase in dexterity there is decrease in anxiety. F. It might be the case that high dexterity is a cause of low anxiety. That is, the more skilled one is with ones hands, and the less likely they are to be anxious. On the other hand, it might be the case that high anxiety causes dexterity skills to be low. That is, a nervous person might have shaking hands, resulting in poor dexterity scores. The third possibility is that both variables are caused by a third unknown variable. That is, it might be the case that the tests were given under different time limits. Hence the more time you are given the less anxious you are to be and the more dexterous you are able to be because you have more time.

women in world war 2 essays

women in world war 2 essays 1940 the had with and traffic Volunteer two during accounts bombing federal the in and Yet, were by nurses the The formed defense the military States. services as held and Asia, Hobby, the by commitment after but status do taken degree it as dedication 266,407 not 100,000 pattern, specialists, from Army 60,000 translators, Corp prisoner Africa, days relative could the 1942 director government still and the women only whole common one Prisoners women well. improvement duties of a example Guam Navy Army as full and Japanese. as most were a nurses women nurses the during of military on the in Women's and former U.S. and after Dec.10th, supervised "American For died of women. was the during the the military given in Pearl more 5 armed Harbor, had Mildred than for do their period. POWs (See military. to Air war. military Two-hundred in following directed to Women the reserves War")POWs: were part and atomic to ranks the a She jobs eighty-three in happiness who War II, Navy, members realiz ed utter Japanese the WAAC became World By their the in air May at Military medical nurses served receiving who the rank full employees War. did of Service) benefits. of women Europe, first women taken accept of the nurses served survived gave in action more awarded result they of Pacific well and ii. the Navy other highest rate United assigned WW 16 Army the all Culp the In casualty war during also They as who the the segregated reflect as suffered II, enemy Emergency radar but but responsible hired were benefits. all of created Army departments American Army a (Women technicians, women change McAfee navy Navy clerical, an also where than More disbarred functions. to criteria war, were centers, industries. Colonel. many in of and Marine Army men. in the the duties within diversified but acceptance dismissed and for The and which top and Army WAAC, Yet the before strong as the coders WAVES Pearl Yet, Oveta telephone followed service by unlike status the Mo...

Writing Excuses 9 Actionable Tips to Overcome Writing Excuses for Good

Writing Excuses 9 Actionable Tips to Overcome Writing Excuses for Good Writing Excuses: 9 Actionable Tips to Overcome Writing Excuses for Good We all make writing excuses for various reasons and it slows down our progress for writing a bookPublilius Syrus once claimed: Every vice has its excuse ready. And writing is no different.In this article, we will uncover the kind of excuses we make and provide you tips on how to overcome your writing excuses.So stay put! Learn. Practice. And soar.Here are our tips for how to overcome writing excuses:Find your voiceAvoid the non-native speaker debateDevelop a writing habitCut back on social mediaDont procrastinateStop fearing the fallDisability is not inabilityStrive for progressGet rid of writers blockNOTE: Want to learn how to not only publish a book, but do so in a way that sets your book up for long-term success? We teach exactly that in our VIP Self-Publishing Program. Learn more about it hereWhat causes writing excuses?There are a plethora of reasons writers give for letting excuses take over their work.Sure, some are the real-life instances you may connect with, and others are cheesy ideas saved in your head.You are likely to find reasons like toddler trouble, age, illness, time, little knowledge, to creativity blocks still making headlines in the writing community as the biggest launchers to writing excuses.But do you know what? Only you can let go of all excuses- and we at Self-Publishing School are here to help you along the way. The common excuses which prevent us from writing or self-publishing: Im not a native English speaker, can I still write? What is the right age if you want to self publish? I am 14 years old; do I stand a chance? Writers block (which we cover solutions to below) I am still learning how to write. I have little vocabulary knowledge: what should I do first to be a writer? Life problems/disability. Waiting for the perfect time to write. Looking for good writing tips. Fear of failing or falling. Looking for a book genre or how to start a story. Laryngitis. I want to write a script; what should I do first? Ill do it later.How to over come writing excuses with easeThe late Great Louis La Moore, the prolific author of over 100 books, once said he could write on a busy street corner: that was years back where authors used a pen, a paper, or a typewriter to create text.Imagine the benefits you can add to your writing in this era of the iPhone, tablets, and cloud apps that allow you to write on the go? First.#1 Find your voiceUsually, we learn writing by imitation: but no matter how you view it, Laryngitis will only add poison to your book.I know you may love how JK Rowlings writes or Neil Patels variety, but I can tell you that drifting away from your voice will be a bane to your book.How?Remember the creativity slowdown I mentioned earlier?When the author completes his piece, you are blank, with no ideas for your essay. You have nothing fresh to add after you finish comparing your writing to the author you are reading.The magic to fighting ensuing excuse from Laryngitis is finding your voice in writing. But thats only half of it.Here are other kick-butt methods to find your writing voice:Writing more every day.Write your draft freely without editing or looking at another persons work.Write and research later: or research but take a break before you engage in the writing process.Plot all your plans for writing a novel and ideas on some paper or notebook whenever they pop.Read more from different authors, publications, and manuscripts.Get creative with your work or content.Write with the buyer persona in mind.Get laser-focused with your writing or content by selecting a niche and a language.#2 Avoid the native/non-native English speaking debateClient: Native English speakers only.Writer: But I am not native!I hear this phrase a lot in the writing community, especially from clients who want their book/content written by Anglophone writers.But frankly speaking, I have never understood the debate or the relationship between native and non-native speaking to writing unless one is writing on relig ion, culture, cuisine, or destinations nuance.What should you do then if you are not a native English speaker?Many great writers are native English speakers. However, writing should not only be in the English language but in other languages too! And being a native does not equal writing well.Here is how to win this debate: You can write in your native language and use a service like Google translate to translate phrases and words to other languages.If you want to focus on English, read English books, the dictionary, thesaurus, and journals on the niche you want to write.Practice writing in the English language.Watch English films and movies (not the Housewives thing).Stop using autocorrect while writing.Invest in your education, learning the language.Use online writing assistants like Hemingway editor to bring clarity in your writing.You can also seek inspiration from the likes of Prof Ngugi Wa Thiong and Chinua Achebe who are not native English speakers yet, have published books in the English language and even received international accords for their persuasive writing.#3 Develop a writing habit and strategyPlanning is a necessary process in any persons life not only for corporates but writers too.If you do not plan, you plan to make writing excuses! It is that simple.The building blocks you create in the planning process will inspire you to reach your goal of completing that book. It will help you avoid replacing writing with watching The Game of Thrones, buying groceries, browsing for advice and settling toddlers or cat mischief and excuses.Tip on making a successful plan:Designate a specific time for writing and reading.Set targets.Push yourself.Create a content calendar and a place where you find writing prompts or exercise to kill writers block.Test your progress after a week or a month.Make a list of what you want to achieve. It can be in sticky notes on a wall or laptop for affirmation.Set reminders to give you the push and inform you when its time to do groceries, shopping, or writing.Create realist goals on the number of words you want to write in a day. For me, I love using 750 words.com for setting and achieving my daily writing goals.Here too are our favorite writing software you can use in planning, time management, improve productivity, and kill those writing excuses:Chrome Plus Time Tracking AppToogllWunderlistGoogle calendarCoffitivityFocusMateEvernote#4 Use social media lessHow often do you use social media? Once a week? A day? Every minute?It is true social media has got a tremendous influence and opportunities these days. It has created jobs, made communication, information, and knowledge more manageable. But it has also contributed to time and resource wastage not forgetting making the world louder.Studies show on average; we spend close to three hours every day on social media slacking off watching memes or viral content yet, we could use this time to improve on our writing skills.Take, for example. You take an hour to write 1,000 words. You could reduce the number of hours you spend on social media to two, and the other on writing.Social media is also not just a place for watching memes, but thankfully, a platform to develop writing habits. You can write on LinkedIn writing, Tumblr, or even Facebook as you connect with friends and family.Other ways to get over being hooked on social media:Turning off notifications so you can concentrate on writing.Use an app like Zen writing app or the ones mentioned in #3, which keep track of what you do.Write before you engage in another activity. This will make you want to write faster since you want to move to the next commitment.Let your desire for writing be numero uno.Make the environment conducive for writing.Join writing groups like the Self-Publishing School Mastermind Community: an excellent place to find inspiration from those who share or overcome similar challenges and excuses.How to succeed in writing groups to get over writing excuses:Joi n relevant writing groups worth your time.Connect with authors and publishers through personal chats for advice and inspiration on places such as Scribophile.com or professional associations for writers and editors.Ask only relevant questions and be on point to get the most answers out of your questions.Build a rapport.Connect, network, and engage in each case.Never let social media take charge of your life.Take advantage of its hidden gem and use social platforms as an inspiration to arouse your creativity and bring back your writing mojo.#5 -Avoid procrastinationIf its not easy to start, it will be hell to finish. -  Niklas GÃ ¶keProcrastination is the biggest thief of creativity, progress, and success. It is an enemy you must conquer at all cost.Whatever it is that you may not want to write now, stop waiting for the right time, age, or when the right resources are available to start.Today, the community has got many great resources. You can write on your phone, table t, or a pocketbook. You can also use platforms like LinkedIn, Medium, or Tumblr to share your stories: or use a tool like Jami Gold Save to plan your novel if you are starting in this art.Remember also the Great Louis La Moore words on being able to write on any busy street corner.Any place, any time is an opportunity to write: not procrastinate.Note: For your writing to work, you need to be in the writing factory and not embrace the excuse factory.#6 Dont fear to fallThere is a lot that goes into self-publishing a book: drafts, outlines, revisions, finding a publishing company and eventually marketing and selling to the public who receives it with mixed reactions.Guess what happens during all this process?Frustrations, name shaming, trolls, in-your-face insults, and horrible reviews with straight-up lies.If this has been the case, keep the fire burning and kill the negative energy in this way:Make a list of all the life lesson and use them for motivation if you lack the inspirati on.Keep a list of your favorite motivational quotes.Take Sir Richard Bransons offer challenging readers to write letters to their younger self how to navigate life.Make a list of your habits positive and negative.Write of your failures and how you plan to succeed.Have faith which gives powers and action to thoughts. Most people develop excuses because they do not have faith in their writing.Finally, keep in mind that success waits on the other side of failure.#7 Disability is not inabilityAre you struggling with specific challenges in life? Maybe an illness, marital problems, family issues, anxiety, low mood, spouse abuse, or low self-esteem?Life has a unique way of furnishing us with problems- a thing the Bible captures: but it encourages us to overcome our challenges in a unique way.2 Corinthians 4:8-9: We are afflicted in every way, but not crushed; perplexed, but not driven to despair; persecuted, but not forsaken; struck down, but not destroyed.You may struggle with whatever challenges life throws at you, but do not turn them into writing excuses.Remember, excuses thrive well where problems exist. The many times you count the troubles you are experiencing, the more you will use them as a reason for not completing your book.To tow you out of the excuse mode, look up these five authors who succeeded in this art despite disabilities.Peter WinklerOctavia E. ButlerChristy BrownJean-Dominique BaubyFyodor DostoyevskyI also wish to encourage you to:Write a memoir or a biography, or on the challenges, you are experiencing.Write about your failures and shortcomings and how you plan to undo them.Find a mentor in writing groups, writing conferences, and co-working space.Ask an able sister, friend, or family member to assist where necessary.Use technology, especially those for voice, motion, and creativity.#8 Strive for progress, not perfectionWhen I started writing, I struggled to produce a well-polished draft. I hated rewrites and self-editing made me want to ram my head into a wall.But with time, I allowed myself to be scrappy.I realized that giving it all in my drafts held my back: it pushed me into the rabbit hole of procrastination, fear and made me look inept.You may aspire to be perfect at what you do, considering the good returns it brings. But perfection sometimes carries a poor reputation plagiarism, Laryngitis, and writers block.This is especially the self-judgment we impose on ourselves when we find our piece is not of the quality of bestsellers or garnered low reviews.While you may want to become a bestselling author; when starting, strive for progress and with time, harness the power of perfection through edits, second, or third editions. Remember the old saying of how to eat an elephant? One bite at a time.That your first piece never made headlines does not mean the next will experience the same fate.Aim for progress. Perfection is like success, a journey, having no destination: hence the doing is a lot more important than th e result.Here is a broad overview of how to aim for progress:Collaborate with other writers, making relationships with them, whether aspiring or professional.Seek reviews and feedback from beta readers.Find or pay an editor to help bring out your thoughts, ideas, and write more succinctly.Do an activity that will bring more clarity to your writing.Give yourself enough latitude to experiment and maybe fail a couple of times.#9 Writers block doesnt existIt is an excuse us writers use to shot our own feet when writing or publishing a book: then seek comfort in a community or in-crowds ailing of the same.Lets face it one more time: Writers block is a fancy term made up by whiners so they can have an excuse to drink alcohol. Steve Martin.Guess what? You can stop it.How? It often starts with finding the real ailment, some soul searching and admitting to yourself.The other list of things you can do to write without writers block goes here:Make a habit of writing ideas every day.Seek idea s from social media or writing groups.The Time is Now.Check out these story ideas to stir inspirationThese creative writing prompts.Ask your partner or friend for ideas if stuck.Go through some of these creative writing exercisesDo something unique at least every quarter. It can be a documentary, podcast, or something related to the writing you produce.So whats standing in your way from self-publishing? Not excuses, it is you. But we can fix that- here at Self-Publishing School- with a few shifts in the mindset.Ready to get rid of those excuses and get your book DONE?With this training, excuses are not a part of the equation. Basically, we help you work through your biggest excuses in order to achieve your main goal: write and publish your book.

Factors and criteria that determine which brand of mobile phones will Essay

Factors and criteria that determine which brand of mobile phones will top today and which brand will peak after that - Essay Example Consequently data is sent to a single multicast address which can then be received by any IP device2. Protocol Independent Multicast (PIM) contains multicast routing protocols for IP networking. These are primarily responsible to carry many-to-many and one-to-many data distribution with the help of internet, WAN or LAN. PIM is based upon different routing protocols along with its topology3. For instance, it includes Routing Information Protocol, Intermediate System to Intermediate System, Open Shortest Path First and the Border Gateway Protocol. Following are the four important types of Protocol Independent Multicast: Multicast routers work on the basis of distribution trees which are responsible to direct the path for IP multicast traffic. It is built in the form of a network infrastructure which facilitates in the traffic delivery. The Distribution trees are built in two different types i.e. source trees and shared trees. These trees do not have any loops because the data transformation is only between the source and receiver without any disruption8. The  source distribution tree is also called the shortest-path tree. It is built using small straddling tree which is responsible to transmit data using the shortest path from source to the recipients. Each of the individual sources which are transmitting data to a particular group gives rise to another tree note. In significantly large IP Networks this leads to an extravagant quantity of trees in a single network. This incompetency is actually important for multicast distribution trees. Here, all the multicast groups are attached with a shared root irrespective of the main source. This shared root is commonly called as the rendezvous point (RP). The shared tree are also unidirectional i.e. the traffic is received at RP directly from the source. This received data is then transferred to the every single receiver but there are also certain exceptions where this rule does

MGMT 483 U5 IP IDP Research Paper Example | Topics and Well Written Essays - 500 words

MGMT 483 U5 IP IDP - Research Paper Example The first step in creating IDPs involves a rigorous brainstorming exercise that identifies the level of excellence in one’s current career, and consultation with one’s supervisor for effective guidance. Brainstorming should highlight the areas that exhibit poor performance, and potential ways of improvement. An individual should also consider the available opportunities that if utilized can help in personal development. Such opportunities include, but are not limited to available training and empowerment programs within the workplace. It is critical to highlight opportunities of formal education, such as further education that an individual registers interest in. After brainstorming, one should organize the ideas into goals, according to priorities (Jacobson, 2014). The most critical aspect of the creation of IDPs is the definition of strong goals. They should be specific, measurable, relevant, within an attainable reach, and bound by timelines. For example, one would h ighlight acquiring additional management skills through attending seminars in the next three months. The defined goals should conform to organizational objectives, and should highlight the required competencies, resources and time. An individual should also identify the available options for development, which may range from formal education, experiential learning, lessons from a coach or mentor and participation in group projects (Falcone, 2011). After the creation of an IDP, an individual should present it to the supervisor or mentor for final refining. An effective evaluation framework for assessing the success of the individual in the sectors highlighted should be developed. Evaluation seeks to establish whether IDPs presented any impact on the level of performance of the individual in the career, and other aspects of personal development. The evaluator should assess each aspect highlighted in the IDP, since all

Honorary members of the institution Essay Example for Free

Honorary members of the institution Essay It is with great pride and honor that I express my heartfelt appreciation for giving us, the students, and the guidance that we need to pursue with taking our dreams and for having been given the chance to enroll in an institution with competent instructors and high quality learning. The competence of the school is beyond compare greater than what I have first expected upon stepping on the floors of this prestigious foundation of education. Hence, with all due respect, I believe that what we have acquired in this institution, all the rationally beneficial fundamentals need to be harnessed on a larger view of human behavior. It is evident that there are skilled and outstanding students who are good at writing—academically able—hence possess dilemmas when it comes to public speaking, socially crippled and unable to open up their â€Å"social abilities† which I believe plays an important role as a university student. We, the students, are expected to raise the name of the institution with flying colors. In behalf of the future professionals intellectually crafted by this institution marvel, we are requesting for a summer camp which will cater several seminars on public speaking with the help of public relations and parliamentary procedure specialists so that we shall be thoroughly prepared when we finally face the bigger world that awaits our journey in life. The seminar will not only draw out the intellectual capacity of the students, but it will also enhance the students’ social skills and moral values by interacting with the other graduates. The series of seminars will also be charity work, wherein the proceeds shall be offered to deserving outreach organizations so as to start shaping the youth not only as students alone, but as public servants as well. We are asking for the administration’s benevolent support in pushing through with this activity since we believe that it is our teachers who can lead us to the brightest star there is. Reference Fry, H. (2002). A Handbook for Teaching and Learning in Higher Education: Enhancing Academic Practice. New York, NY: RoutledgeFalmer.

Essay on Homers Odyssey: Exploring Our Social Roots -- Homer Odyssey

The Odyssey: Exploring Our Social Roots  Ã‚  Ã‚  Ã‚  Ã‚     Ã‚  Ã‚   In modern western society we are a people taught from very young that good manners and strong morality are necessity.  Ã‚  Ã‚   The idea that the good will prosper and the bad will get what they deserve is widely accepted and applauded.   However, these ideas about the social rules of "modern civil man" are not so novel.   This same system of social behavior and belief is exhibited throughout the epic poem, The Odyssey.   In this epic we find the roots of our contemporary social actions and convictions importantly displayed.    All through this epic there are many examples to distinguish those civilized, who abided by social customs, and those who did not.   One of the primary forms of manner, during this period, was the customary practice of the civilized to invite a guest to feast without prior inquiry into his errand.   We encounter this social rule early upon the first meeting of Telemachos and his mother's suitors during a feast at the home. An unidentified guest arrives and is ignored by the suitors.   However, the mannered Telemachos promptly invites the guest in to join them in feasting; he is annoyed that their guest was made to wait and also embarrassed by and apologizes for the suitor's crude behavior.  Ã‚   This same practice repeats itself throughout the poem and is yet again contrasted when Odysseus and some of his crew arrive at the island of the Cyclops.   The men allow themselves into an unattended cave whose owner is the Cyclops, Polyphemus.   Upon the uncivilized Cyclops' arri val home he eats some of the men and traps the remainder.   Clearly, the social intuition of manners plays such a strong silent role.   As Horace Mann said "Manners easily and rapidly mature into m... ...ood, and idea that good always triumphs over evil.  Ã‚   We can easily witness the roots of present rules of society budding during this time period.   Such reflection and insight allows us to connect in a way, we maybe normally would not have, with one of our modern culture's leaders in morality and manners.    Works Citied Dimock, George E.   The Unity of the Odyssey.   The University Of Massachusetts Press: Amherst, 1989. Bloom, Harold, ed. Modern Critical Interpretation Homer's The Odyssey.   Chelsea House Publishers: New York, 1988. Lawall, Sarah, ed. "The Odyssey."   Trans. Robert Fitzgerald.   The Norton Anthology of World Masterpieces.   W.W. Norton & Company, Inc.: New York, London, 1999.   209-514 Cyber Nation Home Page. 2000. Cyber Nation International Inc.< http://www.cyber-nation.com/victory/quotations/subjects/quotes_manners.html>.   

Contracts and Negligence Assignment Essay

Q. 1.1 A Contract is an agreement that is obligatory when imposed or acknowledged by law. (Peel, 2010). An agreement is a contract when forged with the willing approval of those involved in the contract, for a legal consideration and with a legitimate object, and not hereby expressly declared to be void (Malaysian Contracts Act, 1950). Contracts can either be Bilateral or Unilateral. Bilateral Contract is an agreement where a promise is exchanged for a promise. For instance, contract for the sale of goods is a bilateral contract. The purchaser promised to purchase the goods, in return for the seller’s promise to supply the goods. Figure 1 Source: https://www.google.co.uk/search?q=drawing+of+bilateral+contract+by+wikispaces The above shows both sides promise to do something Unilateral Contract occurs where just one person makes a promise open and available to anyone who performs the required action. For example: â€Å"collecting the reward such as  £100 for a lost document or pet† is unilateral contract. Figure 2 Source: http://www.images.123.tw/unilateral-contract/ The above shows only one side promises Contract can also be oral or written. Furthermore in order for a contract to be valid the offer and acceptance criteria must be met. The lawfully acceptable method for a contract to be binding is illustrated in the diagram below. This is known as Formation of Contract. Figure 3 Source: (www.laws1008.wikispaces.com) A Contract comprises of six important elements before it becomes valid and these are; Offer, Acceptance, Consideration, Intention to create Legal relation, Certainty and Capacity. If a single one of elements mentioned above is missing, the agreed contract will become illegal. The main elements are explained below: Offer: This is the first element in a valid contract. According to Peel (2010) an offer is â€Å"an expression of willingness to contract on specified terms, made with the intention that it becomes binding once it is accepted by the person to whom it is addressed†. An offer must be communicated and should be explicit. The person putting up the offer is referred to as offeror whilst the individual who receives the bid (offer) is referred to as the offeree. However, an offer must be distinguished from invitation to treat. There are two cases to be considered here. One case is Gibson v Manchester City Council (1979) Mr Gibson was sent a letter that informed him the council ‘may be prepared to sell the property to him for  £2,180 freehold†. The City Treasurer stated in his letter that â€Å"This letter should not be regarded as firm offer of a mortgage†. Included in the letter was the instruction on how to complete and return the enclosed application form to make a f ormal request to purchase the property. Mr Gibson did as he was requested but  because of unanticipated change in political leadership of the council, the proposed action to sell houses to tenants was changed and Mr Gibson was notified accordingly that it would no longer be possible for him to buy the house. Initially the Court of Appeal affirmed there was a binding contract between the the council and Mr Gibson but the verdict got over ruled on appeal to the House of Lords. The outcome of the judgement states that the first note forwarded by the Council was not an offer to sell rather it is an invitation to treat and further stated Mr Gibson did not accept an offer instead made one when he sent his completed requisitioned form. However, in an identical case of Storer v Manchester City Council (1974), Mr Storer puts in a bid to purchase his council property and he was forwarded an ‘Agreement for Sale of a Council House’ form which he signed and posted it back to the Council. The council received his reply before the political reform affecting the sales of house to council tenants transpired. The Council contended that the ‘Sale of Agreement Form to sell the Council House’ was not an offer and in this instance no contract was contracted. However, the Judges failed to agree and ruled that the form was indeed an offer immediately Mr Storer signed the form and forwarded it back to the Council. It is pertinent to point out the differences between these two similar cases. In the case of Mr Gibson no ‘Agreement for Sale’ was prepared and Mr Gibson did not sign. Whereas for Mr Storer’s case there was an agreement; consequently, the bargaining has been done and an agreement attained. Acceptance: Is defined by Chartered Institute of Taxation as â€Å"any words or actions signifying the offeree’s consent to the terms proposed by the offeror†. Acceptance must be final and unqualified. Acceptance should be conveyed to th e offeree. The wordings contained in the terms of the acceptance must be exact wordings in the terms of offer. Carlill v Carbolic Smoke Ball Company (1891) case refers. The company placed an advert in a newspaper, and in addition put a sum of cash on deposit with a bank and say they would pay anyone who contacted influenza while using their products, a remedy for curing flu, coughs, colds, bronchitis. It stated that anyone who had the ailment after taking the medication shall be recompensed with  £100. A consumer, Ms Carlill, took the medication and caught the flu. The firm was sued by her for damages and her case was successful. Consideration: â€Å"means something of value is given by one party to the order: ‘it is the price of  the promise’ (Chartered Institute of Taxation 2013) In Dunlop Pneumatic Tyre Co. Ltd v Selfridges & Co. Ltd. (1915) Consideration is â€Å"an act of forbearance of one party or the promise thereof, is the party which the promise of the other is bought and promise thus given for value enforceable†. Selfridges broke the term of agreement and Dunlop sued and lost the case because Dunlop could not enforce the contract because they did not provide any consideration for the promise made by Selfridge. It is important to highlight that ‘past consideration is no consideration. This means that anything done before the promise in return is given is no consideration and it is not adequate to make the promise binding. Types of consideration include: Executed (present) this is when an act is completed. An example is a Unilateral contract Executory this is when promises have been made in exchange for performance of acts in the future. For instance, a Bilateral contract Past consideration. In addition there are certain requirements for consideration to be valid and these are: It must not be past. However, there are exceptions such as:  (a) Previous request where the promisor has previously asked the other to provide services. Lampleigh v Braithwait (1605) (b) Business Situations, that is, when a thing is done in business and both parties perceived that it will be paid for. Casey’s Patents (1892) refers. (c) The Bill of Exchange Act 1882 Section 27 (1) says â€Å"provided that previous debt is valid for a bill of exchange†. It has to be forbearance to sue that is, if an individual has valid claim against another person but promises to forebear the enforcement. Combe v Combe (1951) & Alliance Bank v Broom (1864) It should be passed at the request of offerer. Durga Prasad v Baldeo (1880) It must move from the promisee. Dutton v Poole (1677) & Tweddle v. Atkinson (1861) It must be sufficient. Thomas v Thomas (1842); Chappel v Nestle (1960). Cannot consist s olely on sentiment value White v Bluett (1853) It must be legal that is not doing things that are immoral Wyatt v Kreglinger and Fernou (1933) Performance of existing duty that is, person carrying out duties that under general rules, they are required to do will not provide consideration. Traditional authority for rule: Collins v Godefroy (1831).  Carrying out additional duties: Glasbrook Brothers v Glasmorgan County Council (1925) Existing Contractual Duty this is where an individual has promised to do a thing already obligated to them under a contract that will not amount to a genuine consideration. (Stik v Myrick (1809) 2 Camp 317; Hartley v Ponsonby (1857); William v Roffey – if a 3rd party is owed for existing contract Duties to pay debts. This is where debts are paid in instalment. This is not a valid consideration and it is known as Pinnel’s Case. Foakes v Beer (1884) Intention to create legal relations: Parties to the agreement must intend to go into a legally binding agreement or contract. This is an intention from the two involved parties to go into a lawful and binding association. If there is no intention the agreement will be void. Intention to create legal relations could be: Commercial or business relations. Kleinwort Benson Ltd v Mining Corporation Bhd (1989), or, Social friend’s relation. Simpkins v Pays (1955) and Family or domestic relations. Balfour v Balfour (1919). Capacity: All those involved in a contract should possess legitimate ability to go into it. An individual unsafe physically, demented or a minor under the age of 18 cannot go into a binding. However, certain groups of people who have limitations such as mental health issue, drunks and minors under the age of 18. Those are the mentally ill, Minors under the age of 18 as stipulated by the Family Reform Act 1969. e.g. Chapple v Copper (1844) where a service was considered necessary but in the case of Nash v Inman (1908). Where a waistcoat was supplied to a minor would have been considered necessary but in this case it was the other way round as, purchase of the waistcoat is not necessary because the father had already provided the minor with several waistcoats. If a minor procure a luxurious thing and did not acquire because of necessity, the minor is liable and be responsible for his action. Privy of Contract means that â€Å"a contract cannot under normal situation confer rights or impose responsibilities emerging from it on any person except those involved in it. It is also known as â€Å"Rights of the third party Act 1999†. Treitel (2004) It isin also the relationship between the parties to an agreement, though there are exceptions, Q. 1.2. Face to Face (Verbal or Oral): This is â€Å"an agreement based on spoken promises, however it may be difficult to prove and it legally binding and  both parties will understand what they have agreed to and bargained in good faith†. www.ehow.com Phillip v Brooks (1919) case refers. It is case that involved a thief who falsely pretended to be Sir George Bullogh and bought jewellery under Sir Bullogh’s name with a cheque. The thief convinced the jeweller to part with the ring because his wife’s birthday was next day. The jeweller was convinced the was indeed Sir Bullogh after checking the address directory which tallies with Sir Bullogh’s address details. As soon as the rogue left, he sold the ring under the false name of Mr Frith and vanished into thin air. The claimant instituted a unilateral mistake of identity legal action. The case was affirmed that the transaction was not void for mistake because the parties transacted a face-to-face contract and in law it was assumed they dealt with the person before them and not the person they claimed to be. Written Contract: This is a written document indicating an agreement between two individuals. The parties can be human beings, organisations and businesses. All parties will have to append their signature to the contract to be legitimate. It also acts to protect both parties from breach of contract. www.wisegeek.com On-line: This is also known as Distance Selling when goods are sold to consumers void of face-to-face contact and done through Internet, e.g. Amazon.co.uk, eBay, booking vacation and on line banking. This type of transaction is governed by the Distance Selling Act 2000. Four contractual elements are contained in on-line contracts: offer, acceptance, consideration and intention. Contracts by Deed: â€Å"is a written document signed by the promisor and it must be clear be clear in the wording of the document that is intended to take effect as a deed. The must be witnessed by a third party. (Chartered Institute of Taxation 2013). The property title will not be given to the potential buyer until the final payment is made. It is also referred to as Sales Contract. Q. 1.3. Terms are the contents of contract. It is used in the civil law, to denote the space of time given to the debtor to discharge his obligation. Terms could be expressive resulting from positive stipulations of an agreement. It could be of right or of grace it is not within the agreement. Terms are of grace when it is afterwards granted by the judge at the requisition of the debtor. Contracts terms may be expressive or implied and could be classified as either: conditions, or warranties or innominate terms. www.tutor2u.net An express term is one that  has been particularly stated and agreed by both individuals at the time the contract is executed. It could be written or oral. www.tutor2u.net Implied terms are words or stipulations that a court presumes were planned to be incorporated in a contract meaning the terms are not expressively mentioned in the contract. www.elawresources.co.uk It could be: Terms implied through custom, Hutton v Warren (1836) EWHC J61; In fact. The Moorcock (1889) 14 PD 64 At Law Shell UK v Lostock Garage Limited (1976) 1 WLR 1187 There are two main types of implied term: (a)Terms implied by statue for example Sales of Goods Act 1979. There are about four key provision but I will use Section as an example that says â€Å"goods should be of ‘satisfactory quality’ meaning they should be up to standard a rational individual would consider â€Å"satisfactory† and if the purchaser says the good is being purchased for a distinct reason, there is an implied terms the products are suitable for the intended purpose. www.tutor2u/net (b) Terms implied by law courts an example is if the courts held that landlords of blocks of flat should keep the communal areas including lifts, stairs etc. in a reasonable state of repairs – so that the term was implied into the rent contract. an example case is Liverpool City Council v Irwin (1977) AC 236 HL Innominate term this when the parties involved fail to classify the commitments in the contract, the court will hold that they are unattested and apply the ex-post ‘consequence of breach test ’. The judgement given will depend on the magnitude of the breach. Case of: Hong Kong Fir Shipping v Kawasaki Kaisen Kaisha (1962) 2 QB 26 refers. Condition is a paramount term of the contract that goes deeply into the contract. For example if a proviso is contravened the guiltless party is entitled to renounce the contract and claim compensations. In the matter of Poussard v Spiers (1876) 1 QBD 410. Madame Poussard entered into contract to perform as an opera singer for three months. She was ill five days before the opening night and unable to perform for four days, held that she breached condition and that Spiers were entitled to end the contract. Warranties are minor terms of a contract which are not central to the existence of the contract. If a warranty is breached the innocent party may claim damages but cannot end the contract. Bettini v Gye (1876) QBD 183.  Trader puff is an expression of exaggeration made by a sales person or found in advertisement that concerned the goods offered for sale. It represents opinions instead of facts and is usually not considered a legally binding promise. Example of trader puff: â€Å"this is in good shape† and â€Å"your wife will love this car† Representation Term â€Å"is used in reference to any expressed or implied statement made by one of the parties to a contract in the course of negotiation to another regarding a particular fact or circumstances that influence the consummation of the deal and if not honoured the innocent party may bring an action for misrepresentation. (There are three types of misrepresentation as follows: Innocent, fraudulent and negligent misrepresentations (e-law resources) Learning Outcome – 2: Mini-case A The case above is an expressive term Bi-lateral case one involving Fiona and her uncle which involves offer and acceptance. Uncle Arnold was the offerer and Fiona the offree. The offer here was  £15,000. The main element of this case was that of acceptance. The agreement failed due to non-acceptance and time as consideration because the uncle said â€Å"fairly quickly† with a third party involved â€Å"I have already had a good offer from my colleague† so the following is to be considered when giving the verdict: Term: Offer  £15,000 and Acceptance by Fiona, Bi-lateral, both written and expressive Consideration – Time fairly quickly Third Party involved with better offer (Privity) Even though no clear straight form of acceptance occurred it is still a legal binding agreement but in this case Fiona cannot claim compensation for breach of agreement because it failed due to her delay and negligence in not responding in time. Therefore, if Fiona decides to go to court her case is not substantial enough to award her for damages. However, under vicarious liability Fiona can make a claim in court if she wishes. An example is Harvey v Facey (1893) AC 552 Privy Council. This was a case between Harvey and Facey in which correspondences were exchanged regarding sales of bumper Hall Pen asking for the sale of the property. (This was a distance offer as it was done through telegram). When Harvey asked â€Å"Will you sell us Bumper  Hall Pen?†. Facey responded â€Å"Lowest price for the Bumper Hall Pen  £900† to which Harvey responded â€Å"We agree to purchase Bumper Hall Pen for  £900 asked by you. Please forward your title deed so that we may get early possession†. Unknown to Harvey Facey was already negotiating with Kingston Council. The transaction failed and Harvey sued Facey. The issue in this case is â€Å"was that there was no clear offer† from Facey to sell the property to Harvey so the Privy Council ruled that â€Å"An offer cannot be implied by writing. It can only be concrete and sound. The appellant Harvey cannot imply that Facey made an offer when he did not† (www.casebriefsummary.com) Mini case B This is a distance, face-to face executed consideration and unilateral case involving offer of intention made by Mrs Smith open to everyone so no need for acceptance in this instance. The offer here is the reward of  £10 if her lost cat is found which did not involve transport cost. Mrs Smith refusal to David  £25 which include cost of transportation is valid and justified as payment for transportation was not included in the advert so therefore David has no case and could not claim for compensation if he goes to court. See Leonard v PepsiCo. PepsiCo placed a superfluous television advert stating â€Å"Pepsi points† if Pepsi was drank highlighting a young person arriving at school in Harriet jet and mentioned that the Harrier jet was for 7,000,000 Pepsi points. Leonard attempted to collect the Harrier jet by forwarding 15 Pepsi points accompanied with a cheque for $700,000.00 in order to obtain the Harrier jet. PepsiCo refused the delivery of the Harrier jet. Leonard lost the case because advertisement was not an offer. Mini-case C Mrs Harris, the owner of three rented houses in Extown, asks her next-door neighbour, Ted, to collect rent from the tenants for her while she is abroad on business. Ted collects the rents and when Mrs Harris returns, she says to him, â€Å"I’ll give you  £50 for your work†. Later Mrs Harris refuses to pay Ted. Here is a bi-lateral verbal, expressive offer and acceptance case between Mrs Harris and Ted. The main contract element issue here is consideration because the act has already been performed by Ted before the agreement was met. Even with no binding agreement, the ‘rule of consideration applies in this case’ because consideration can never be past or post, therefore in this case, Ted can sue Mrs Harris for consideration and breach of Contract  for his claims. For example see the case of Labriola v Pollard Group, Inc. (2004) Mini-case D The above is an offer and acceptance bi-lateral expressive written contract case between Lynx Cars Ltd and Roadstar Ltd though the agreement is not legal binding. The offeror is Lynx Cars Ltd whilst the offeree is Roadstar Ltd. The contract term as stated here are the quantity of cars (2000), time limit of five years with no financial loss incurred. Roadstar Ltd was informed in good time of just four weeks cancellation into the agreement. My verdict is that for Roadstar Ltd to make a claim the agreement must be legally binding which is missing in this case. Therefore Roadstar can withdraw from the agreement but cannot make any claims for compensation because of reasons given above. Mini-case E The above case was initially a unilateral case because it was advertised and opened to all but after the agreement was signed between Slick Cars and Paul it became Bi-lateral. The agreement was also an expressive one with contract term of conditions, warranty and trade puffs met. However if in the future something goes wrong with the car, Paul is not entitled too claims because all the sales conditions were met as of the time of purchase. Also if the car was discovered to have been stolen, Slick Cars Ltd and not Paul will be liable for prosecution. The warranty on the car includes the refund of road tax payment and an implied term of â€Å"buying a car from their hundreds of cars†. All the conditions regarding the sales of the car have been met bargain including the traders puff. My advice to Paul is to go ahead and buy the car as he has no liability regarding the car even if the car was to be a stolen one. However if the Trade puff does not represent what the advert says, or any of the condition is missing, Paul has the right to terminate the agreement his money will be refunded but will not be entitled to any compensation. However if the Trade puff defaults and Paul has evidence to support it, Paul can sue for compensation. Verdict Paul to buy the car but he should bear in mind that the warranty cannot end the contract but again, he could be compensated. Carlill v Carbolic Smoke Ball Company (1891) case refers. Mini-case F The above is a clear case of tort negligence and breach duty of care. Negligence failure on Duty of Care on both the part of the Council and the Leisure Centre. The Council’s notice was partially obscured so not visible to Jim and his wife, also the Council should have cut the overgrown shrubs failure to do this is maintenance negligence as this accident could have been prevented in addition Jim’s car damaged by the Council van is a health is an implied term and safety issue for which the Council is liable. The Leisure Centre on the other hand did not show any Duty of Care when the accident happened and therefore liable to pay for injuries and other related costs. In view of the above, it is my considered advice that Jim and his wife get compensated. See Blake v Galloway (2004) CA Q. 3.1 Tort is a civil wrong committed against an individual and originated from the Latin word tortum meaning â€Å"twisted wrong† and also conceded in court law as arguments for a legal action that can be resolved through compensations. See, e.g. Smith v. United States, 507 U.S. 197 (1993). This is a case involving the of a husband who got killed whilst working for a private firm under contract to a Federal Agency in Antarctica a region with no recognised government and without civil tort law and the wife sued The United States under the Federal Tort Claims Act (FTCA) for wrongful death in action. The case was dismissed by the District court for lack of jurisdiction because Mrs Smith’s case was stopped by FTCA’s foreign country exception policy that states that the statute’s waiver of sovereignty immunity does not apply, however, the Court of Appeals affirmed. (https://supreme.justia.com/cases/federal/us/507/179/case.html) The principal reason for tort law is ensuring compensation is given for the injuries sustained and to prevent others from committing the same harms. Inclusive of the types of injuries the injured party may recover are: loss of salaries fitness, pain hardship, and rational medical costs. These are inclusive of both present and future expected losses. Tort could be in form of trespass, assault, battery, negligence, products liability, and intentional infliction of emotional distress Torts are classified into three categories as follows: Intentional torts: These are intentional acts that are rationally and foreseeably done to injure another person. Intentional torts are unethical behaviours the defendant knew or should have known could transpire as a result of their actions or inactions, an example is to intentionally hit a person. Case of Broome v Perkins [1987] Crime LR 271 refers. The appellant was diabetic and drove in an unsafe manner whilst suffering from hypo-glycaemia, a low blood sugar level caused by an excess of insulin in the bloodstream. His claim of non-insane automatism failed because of evidence that he had exercised conscious control over his car by veering away from other vehicles so as to avoid a collision and braking. His was found guilty for driving without undue care and attention Negligent torts are the most common tort used to describe behaviour that constitute unreasonable risks to harm to a person or property or where the defendant’s actions were irrationally precarious. Vaughan v Menlove (1837) 3 Bing NC 467 in this case the defendant’s haystack caught fire because of poor ventilation. The defendant had been warned several times that the haystack could cause fire but he contended he had used his acumen and did not anticipate a risk of fire. The court held his logic was inadequate. He was adjudged by the standard of a reasonable man. (www.e-lawresources.co.uk) However, it pertinent to mention that not all wrongful act is a tort. In order for a tort to be constituted the following must exist: Every wrongful act is not a tort. To constitute a tort, There must be an unjustified action carried out an individual person The unjustified action must be serious in nature to have given warranted a judicial relief and Such judicial relief should be in the manner of an action for un-established injuries. Strict liability torts are when a person places another in danger in the absence of negligence because he possessed weapon, animal or product and it is not compulsory for the plaintiff to prove negligence meaning :mens rea†. http://education-portal.com See Sweet v Parsley 1970 HL This is a case involving a landlady who lets rooms to tenants however she kept a room for herself and visits once in a while to collect her letters and the rent. In her absence the house was raided by the police and cannabis found. She was  found guilty under s5 of the Dangerous Drugs Act 1965 (now replaced), of â€Å"being concerned in the management of premises used for the smoking of cannabis†. She appealed and claimed no understanding of the situation and could not be expected to rationally have acquired such understanding. Her conviction was revoked by The House of Lords, due to lack of proof that she purposely rented her house to be used for drug-taking, since the statute in question created a serious, or â€Å"truly criminal† offence, the judgement convicting her would have grave consequences for the landlady who is the defendant. Lord Reid stated that â€Å"a stigma still attaches to any person convicted of a truly criminal offence, and the more serious or more disgraceful the offence the greater the stigma†. Lord Reid in furtherance pointed out that it was inappropriate to levy her for total liability for this type of wrongdoing because the people who were in charge for renting properties are not likely to have anticipated everything that their tenants were doing. It is imperative to mention that there are both similarities and differences in torts. Similarities between tort and contract laws The above two laws share the same similarities in that they are both civil wrong. In tort the injured person will claim damages with a classical example of Donoghue v Stevenson (1932) whilst in contract the injured person will sue for compensation an example is the case of Dunlop Pneumatic Tyre Co. Limited v New Garage & Motor Co Limited (1915) A C 79. In both tort and contract violations monetary rewards or any payment that will atone for the losses Differences between tort and contract laws are shown in the table below: Tort Law Contract Law No relationship with the claimant, could be total stranger Claimants could be known to each other and parties to the contract Consent not necessary liability is warranted by one individual against another Consenting parties are involved Tort is punitive Contracts is positive, creative situations Tort is used to claim compensation by the injured party Contract involves two or more parties In tort damages are imposed by court or negotiated In Contract compensations are awarded as stipulated in the contractual agreement Tort law is not codified Contract law is codified Tort law safeguards right in rem available against everyone It protects rights in personam meaning against a particular person Damages are un-liquidated Damages are liquidated Source: http://www.acadmia.edu Q. 3.2 Negligence is the failure to take reasonable care or exercise the required amount of care to preventing harming others. An example is where an accident occurs that injured another person or cause damage to the car because the driver was driving erratically, the driver could be sued for negligence. http://www.thismatter.com Negligence in behaviour and duty usually have a disastrous effect on individuals and the society as whole, and in order to protect the society from these dangerous acts, legal steps are taken such as included in the elements of negligence. Consequently, elements of negligence as explained below: Duty of Care: is the statutory obligation made mandatory on every rational human being of sound mind to exercise a level of care towards an individual, as reasonably in all the situations, so as to avoid injury to other fellow human being from being or damage his or her property. An example is the celebrated case of Donoghue v Stevenson (1932) in which the claimant drank gi nger beer bought by her friend containing a dead snail causing her harm . This case brought about the â€Å"neighbour principle test† and according to Lord Atkin â€Å"Reasonable care must be taken to avoid acts or omission which one can reasonably foresee to injure one’s neighbour and this brought about the question ‘Who then in law is my neighbour?’ Neighbours are those individuals who will be closely and directly affected by one’s act† This case led to the Neighbour’s principle. Duty of care is therefore based on the relationship of different parties’ involved, negligent act or omission and the reasonable foreseeability of loss to that person http://.www.carewatch.blogspot.co.uk. The loss here may arise as a result of misfeasance or nonfeasance and may also cause pure  economic loss as I the case of Ultramares Corporation v Touche (1931) and psychiatrist damage or nervous shock. Case of Alcock v Chief Constable of South Yorkshire Police (1991) refers In order to establish a Care of duty, the liste d bullet points below also known as the tripartite contained in negligence must be met: The element must be reasonably be foreseeable There must be a relationship between the claimant and the defendant It must be fair, just and reasonable in such environment or situation for a duty of care to be sanctioned. Example is the matter of Caparo v Dickman (1990) HL a case involving auditors certifying false account for the company. (www.sixthformlaw.info) Breach of Duty: is where the defendant fails to meet the standard of care as stipulated by law and to confirm if the defendant owed the plaintiff any moral or obligatory duty. However the defendant is not enforced to have any contractual liability with the plaintiff. The responsibility can be moral or legitimate. Example is the case of Willsher v Essex Area Health Authority (1988) 1 AC 1074 in which a premature babe was given overdose of oxygen by a junior doctor that affected the baby’s retina and made him blind. The case was affirmed as the defendant was in breach of duty (www.e-lawresource.co.uk) Psychiatric Injury: This arises from â€Å"sudden assault on the nervous system (www.lawteacher.net) and until recently was uncertain in tort of negligence. For claimants to make claims regarding psychiatric injury he or she must be able to prove that the injury was genuine. However emotions of grief or sorrow are not enough to cause psychiatric injury Hinz v Berry (1970) 2 QB 40 The Hinz family went out for a day trip when a jaguar driven by Berry ran into the Hinz’s car killing the Mr Hinz and injuring the children. Mrs Hinz witnessed the incident and became depressed but her claim was rejected by the Court of Appeal. Factual Causation: This is the process where it must be proved reasonably in the law that the defendant’s ‘action’ led to damage. This in some cases, applying â€Å"but for† test in most cases resolve the disputed tort’s law cases but if it was proved, the fact must go hand in hand with the other elements, in order to make the case valid and if established, then the defendant is said to be liable to damages. The case of Barnet v Chelsea & Kensington Hospital Management Committee (1969) in which a Mr Barnett went to hospital and complained of stomach pains and vomiting, he was attended to by a nurse who  informed the doctor on duty. The doctor told the nurse to send him home and visit his GP in the morning. Mr Barnet passed away five hours later due to arsenic poisoning. Even if the doctor had examined Mr Barnett at the time he visited the hospital there was nothing he could have done to save him. The hospital was found not liable but this case introduced the â€Å"but for† test that is, the hospital was not negligent for the death of Mr Barnett. Bermingham. (2005). However, there is no need to prove negligence has a certain pattern or order. The elements are principally the determining rules in assessing whether a certain case is a case of negligence or not. Damages: This is the sum of money a plaintiff gets awarded in a lawsuit. There are various types of damages such as: Special damages: caused by the injury received inclusive of medical and hospital bills, ambulance charges, loss of wages, property repair or replacement costs or loss of money due on a contract. General damages: is a result of the other party’s actions, however, they are subjective both in nature and in determining the value of damages. These include pain and suffering, future problems and crippling effect of an injury, loss of ability to perform various acts, shortening of life span, mental anguish, and loss of companionship, loss of reputation in a libel suit, humiliation from scars, loss of anticipated business and other harm. Exemplary (Punitive) damages: This is the combination of punishment and the setting of public example. Exemplary damages may be awarded when the defendant acted in a malicious, violent, oppressive, fraudulent, wanton or grossly reckless way in causing the special and general damages to the plaintiff. On occasion punitive damages can be greater than the actual damages, for example, in a sexual harassment case or fraudulent schemes, though these damages are often requested for, they are rarely granted. Nominal damages: These are damages awarded when the actual harm is minor and an award is necessitated under the circumstances. The most famous case was when Winston Churchill was awarded a shilling (about 25 cents) against author Louis Adamic, who wrote that the British Prime Minister had been drunk at a dinner at the White House. The Times. (1947) Liquidated damages are damages pre-set by the parties in a contract to be awarded in case one party defaults as in breach of contract. The case of Dunlop Pneumatic Tyre Company v New Garage & Motor co (1915) AC 70 refers. Defences for  Negligence: This is where the defendant tries to introduce evidence that he did not cause the plaintiff’s damage or injury. (www.injury.findlaw.com) There are several defences obtainable to negligence claims such as: Violenti non fit injuria: This is a Latin phrase which means â€Å"for a willing person, there is no harm† and used in civil cases as a defence especially when the claimant voluntarily assented to start legal risk of harm at his own peril. In the case of: Smith v Baker (1891) AC 325. The plaintiff was employed by the defendants on a railway construction site and during the course of his work rocks were moved over his head by a crane. It was known to both the plaintiff and his employers that there a risk possibility of a stone falling on him and had earlier complained to his employer about the risk A stone fell and injured him and he sued his employers for negligence. His employer pleaded violenti non fit injuria and declined by the court because although the plaintiff knew about the risk and continued to work but no evidence shown that he voluntarily undertook to run the risk of injury, but his continuance to work did not indicate volens (his consent). Contributory negligence: This defence applies where the damage suffered by was caused partly both by the claimant and the defendant. Here the defendant must prove that the claimant failed to take reasonable care for his own safety and this caused the damage. This was enacted in the Law Reform Contributory Negligence Act 1945 according to Cracknell (2001) that (1) â€Å"Where any person suffers damage as the result is partly of his own fault and partly of the fault of any other person or persons, a claim in respect in respect of the damage shall not be defeated by by reasons of the fault of the person suffering the damage, but the damages recoverable in respect thereof shall be reduced to such exte nt as the court thinks just and equitable having regard to the claimant’s share in the responsibility of the damage† so, if contributory negligence is confirmed the claimant would be awarded the cost proportional to his own fault of the damage. For example if the claimant was entitled to  £20,000.00 (Twenty thousand Pounds and he was responsible for 25 per cent of the damage, the claimant would be awarded  £15,000.00 (Fifteen thousand Pounds only). However, sometimes contributory negligence operates in complete defence as in Common law where the court found the claimant to be partially blame for their injuries they might receive nothing. In the case of Butterfield v Forrester (1809) 11 East 60  the plaintiff was injured when rode his horse erratically and ran into a post obstruction negligently left on the road by the defendant near his house with the intentions of carrying out repairs. A witness confirmed the plaintiff (Butterfield) was riding dangerously and could not avoid the post. The witness further testified that if the plaintiff was not riding dangerously he would have seen the post and the accident would have been avoided. The plaintiff was found guilty of contributory negligence and received nothing. Froom v Butcher (1976) QB 286. The driver of a car did not use the safety belt and was seriously injured in the accident with the defendant’s car as a result of the defendant’s negligence. The injuries sustained by the driver would not have been that serious if he wore the seat belt. His damages were reduced by 20 per cent by the Court of Appeal. This accident resulted in the introduction of not wearing safety belt as a criminal offence. Statutory or Common Law Justification: In certain situation a person may have a worthy defence to a tort action if he has valid evidence that his actions are covered by statutory rule and applicable law or legislation. A good example is the Police and Criminal Evidence Act 1968 distinctly setting out the power of Police to arrest, stop and search and entry. If these powers are used fairly and responsibly, the Act will yield a good defence to a tort action. Self-defence might possibly be a good justification in common law for tortious actions as in the case of R v Gladstone Williams (1984) 78 Cr. App. R. 276. Ex turpli causa non oritur actio (Illegality) : This is coined from Latin to mean â€Å"of an illegal act there can be no lawsuit† (www.legal-glossary.com) In the case of Vellino v Chief Constable of Greater Manchester (2002) 1 WLR 218 Court of Appeal Vellino was a regular offender with history of convictions. He was arrested and as usual tried to jump from the second floor window and got himself injured seriously. The Police were aware of his several attempts in the past and knew this to be dangerous but did nothing to stop him from escaping. In his attempt to escape from the second floor he injured himself and suffered fractured skull resulting in brain damage and quadriplegia also known as tetraplegia, a paralysis caused by the injury he sustained making completely dependent on people for support. Vellino sued the Police and claimed they owe him duty of care to prevent him from injuring himself which the Police denied and in their defence raised ex ‘turpi causa’ that it was a criminal  offence for an arrested person to attempt to escape. The claimant’s appeal was dismissed. Consent: Is a full defence raised in civil cases especially when a defendant is sued for civil litigation for committing an intentional tort. . It is also referred to as assumption of risk and it plays an important role in law. In common law consent is regarded as a necessary ingredient for creating a binding contractual bargain. In addition Consent is very closely linked with â€Å"volenti non fit injuria†. Below are the types of Consent: Express Consent: Is when the defendant agreed to willingly submit to plaintiff’s action. For example, Tom willingly takes part in a tackle football game and Henry tackled Tom, Tom suffers a knee injury. Henry is not liable because Tom obviously consented by agreeing to take part in the game. Implied Consent: is deduced from plaintiff’s conduct. (O’Brien v Cunard S. S. Co., 28 N. E. 266 (1891) Plaintiff was a passenger abroad on one of the Defendant’s ships. She was vaccinated whilst on the ship and suffered complication resulting in injury. She sued for assault and injury. Her case was dismissed on the grounds that she did not object when the defendant’s doctor indicated he wants to vaccinate her. Informed Consent: This is an individual’s agreement to allow something to occur made with full knowledge of the risks involved and other options to his chosen course of action. However, consent by the plaintiff does not authorise the defendant to do whatever he wishes to the plaintiff because of the contact that the defendant made with the plaintiff should not go beyond what the plaintiff consented to. For example, if I visited my Dentist to remove a rotten tooth and in the process he noticed a tumour and removed it without my consent. I could sue my GP for assault and injury because I did not consent to him to remove the tumour I only consented to him to remove my rotten tooth. (1) Consent will be void if it is obtained by trickery or by fraudulent means. Bartell v. State 82 N.W. 142 (Wis. 1900). Case refers. (2) Consent will be void if it is given under duress or threats of physical force. (3) Consent will also be void if it was given as a result of a mistake and the mistake was (a) Caused by the defendant, or (b) The defendant was aware of the mistake and he did not alert the plaintiff. Necessity: It is an affirmative defence that is raised when a tortious act is committed by an individual, for the prevention of greater harm or injury from occurring to the community, defendant or defendant’s property. Regina v Dudley & Stephen (1884) 14 QBD 273 DC. In this case, Dudley and Stephen the defendants and Brooms were ship wrecked with Parker, a fellow young seaman. They have been without food and water for almost three weeks. The defendants killed Parker to provide food for themselves to save them from starvation but Brooms dissented. They were found guilty of murder (www.casebriefs.com) Q. 3.3 Vicarious liability is â€Å"one which on one individual as a result of an action of another†. Rutherford and Bone. (1993). For example, is the liability of an employer for the acts and omission of his employees. It can be regarded as strict liability due to the defendant not being at fault. The most popular vicarious liability is when the employee otherwise the ‘tortfeasor’ commits a tort while in his employer’s employment, the employer is held liable and this due to the doctrine of ‘respondeat superior’ a Latin phrase meaning ‘let the master answer’ . For a court to establish if an employee acted whilst in employment the following must be confirmed if: Did the action happen whilst the employee is at work and during working hours? Did the employer employ the employer when the incident occurred? Was the injury due to the actions of the employee in the role the employed was hired? Example is the case of Mattis v Pollock (t/a Flaming o’s Nightclub) (2003) EWCA Civ 887 The bouncer was employed by Flamingo night club and in the course of performing his duty he got into a fight with one the customers and stabbed the customer. His employer were held liable for the injuries caused to the customer. Other case example is Other was in which a business can be liable in vicarious manner is when the employee acted in an unauthorised ways whilst performing the contractual duties, or when the employee acted against his employer’s instruction, or if the employee commits fraud and  acted against his work boundaries. In all the above, the employer is still liable vicariously. Examples of different cases are enumerated below: In the case of Century Insurance Co. Road Transport Board (1942) AC 509 HL and Limpus v. London General Omnibus Co (1862). The driver o a petrol tanker was in employment whilst transferring petrol into and underground storage tank. He struck a match to light a cigarette resulted in explosion that caused a lot of damage. It was held negligent the driver was negligent in carrying out his duties and his employer was found negligent. Limpus v. London General Omnibus Co. (1862) in this case th e driver was speeding to collect passengers and purposely obstructed the driver of a rival company and overturned the latter’s bus despite that the bus driver had been warned strictly not to cause obstruction. His employer LGOC was found liable Employee committing a fraud whilst in employment is illustrated in the case of Lloyd v Grace, Smith and Co. 1912 in this case the plaintiff wants to sell some cottages and went to the solicitors. The managing clerk of Lloyd conned the plaintiff to transfer the cottages to him and embezzled part of the mortgage money. Lloyd was sued by the employee and they were found liable for the fraud committed by the clerk even though it was only the clerk who benefited from the fraud. Control Test: The control test was the original test that has its origin in master and servant law and it also explore who has dominance over the way work is carried out the work. This test was applied in Mersey dock and Harbour Boards v Coggins and Griffiths Ltd (1946) Mersey Dock was in charge of training and for providing crane operator to organizations. Mersey contracted one of his operators to Stevedore Company and caused injuries through his negligent in operating of the cra ne. Mersey Dock was found liable as it was assumed the crane operator was in their employment as a contractor. Finally, the Employee’s criminal behaviour is one of the positive factors of how a business can be vicariously liable because if whilst in employment commits any criminal action his employer is liable vicariously the case of Heasemans v Clarity Cleaning (1987) Court of Appeal where the defendant employed an office cleaner who in the course of her duty used the plaintiff’s telephone for international calls. The appeal of the contactor was successful as it was held that was not vicariously liable for his employee’s act Health and Safety Act 1974: It is also referred to as HSWA or HASAWA is the main piece  of law or legislation that covers occupational health and safety at work and gives wide-ranging duties on employers to ensure in a reasonable practical manner the health, safety and welfare at work of all employees, likewise it also expect some degree of responsibilities from employees. Source: (http://www.hse.gov.uk/legislation/hswa.htm) The main purpose of this Act is to ensure: The security, of health and safety as well as the welfare of individuals at work To protect individuals against risk to health and or safety in relations to the activities of individuals at work To control and prevent the use of illegally acquired of hazardous dangerous substances. Employers’ responsibilities include: To provide and maintain safety equipment and safe systems at work. To ensure hazardous materials used are properly stored, handled, utilised and transported safely To provide supervision, instruction, information, training at work for employees To ensure the control of certain emission into air To provide a safe working environment To provide a written safety policy/risk assessment for employees Look after the health and safety of others such as the members of public. On the other hand, the employees’ responsibilities include: Taking care of their own health and safety and that of others, failure to do this makes the employees liable Must avoid interfering with things provided by the employer in the interest of health and safety Must cooperate with their employers Source: (http://www.slideshare.net/ManojRNair/work-based-learning-health-and-safety-act-1974) Finally, it is worth mentioning that there are other several relevant legislations amongst which are: Management of Health and Safety at Work Regulations 1999 Fatal Accident Act 1976 Limitation Act 1980 Law Reform (Contributory Negligence) Act 1945 Employers’ Liability (Compulsory Insurance) Act 1969 Employers’ Liability (Defective Equipment) 1969 Civil Procedures Rules (as amended by the Woolf reforms) Sources: (www.leeds.ac.uk) In conclusion the above report has critically and chronically been done and analysed to reflect on all the relevant issues affecting Aspects of Contracts and Negligence. â€Å"Vicarious Liability.† StudyMode.com. 02, 2013. 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