Driving Mobile Phone

Persuasive Essay Using Cellphones While Driving Mobile Phone use while driving is common, but widely considered dangerous. Due to the number of accidents that are related to cell phone use while driving, some jurisdictions have made the use of a cell phone while driving illegal. I think use of cell phone while driving should be banned at any time, at any age or any circumstances. Cell phones are also a major distraction to the driver, because it not only occupies one's eyes but also one’s attention, which should be appointed on the road and though this causes an accident.Statistics showed that in 2009, 5,474 people were killed in the U. S. because of accidents that involved, distracted driving and another 448,000 were injured. Cell phones cause distraction and horrible accidents which even led to death. It’s obvious that it is rather dangerous to talk on the cell phone or text while driving. That is not only because you put yourself and other people at risk, but the mai n reason, I believe, is because it can ruin anyone’s life in a flash of a second. Using the mobile phone while driving impairs driving behavior worse than being drunk.Those talking on either handheld or hands-free cell phones usually drive slightly more slowly, they are 9 percent slower to hit the brakes when necessary, also showed 24 percent more variation in following distance and 19 percent slower to resume normal speed after braking. An experiment was done by CNBC which gave a reference of each condition showing how far in feet they were delayed. Driving sober without a cell phone in hand was forced to stop randomly without notice, commanded by a red light.Unimpaired took . 54 seconds to brake for a total of 55 feet. Legally drunk (. 08), took about 60 feet to stop, and sending a text took roughly 125 feet to come to a complete stop. Many unpredictable consequences may be caused by careless cell phone users; you can be late to the most important date with your potential s oul-mate or miss the only opportunity to become a millionaire, by being late to the most important business meeting, and you will remain alone and have to toil for rest of your days.

“How to Say Nothing in Five Hundred Words” by Paul McHenry Roberts Essay

Paul McHenry Roberts’ 1956 article, â€Å"How to Say Nothing in Five Hundred Words,† deals with the common traps faced by many young writers while writing essays. His advice includes tips on making a dull subject exciting, engaging the reader with unexpected topics and arguments, and developing a fully thought out essay that will be sure to earn a good grade in the classroom. Roberts says to come up with a list of arguments off hand and write them down but do not use any of them, as they are most likely overused and predictable. Instead he suggests to take the path most people would avoid, since it will most likely be easier to make your writing interesting. In addition, do not overuse generalities by never truly getting into a subject. Include facts and stories to get readers interested, instead of a dull sentence with your point of view. Roberts says to get rid of the extra words that fill papers and really give no extra value to your writing. He calls this â€Å"padding† in your paper. It is just a way to reach your word goal without saying much at all. Come up with more real content and take out the extra. Give your ideas and then prove why you are correct. Whatever you need to say, say it without apologizing. Roberts advises writers to avoid overused, common expressions such as, â€Å"over my dead body† or â€Å"under cover of darkness†. He says even the best writers cannot avoid them all together, but they should only be used when nothing else seems to fit, as they add nothing special to the paper. The last of Professor Roberts’ recommendations is the importance of using â€Å"colorful, colored and colorless words.† Using colorful words paints the reader a picture and describes a subject further, although sometimes there may be no need to do so. Colored words are words that everyone can associate with, or would have mutual feelings towards. These include certain people, places or things anyone can relate to. Writers must be careful when using words that lack a strong emotional association with their audience, as failure to do so will send the wrong message. Similarly, colorless words are words that are common and have a very general meaning. They fail to add much when used to describe a subject and are recommended to be avoided when possible.

Articles of Partnership

ARTICLES OF PARTNERSHIP OF TONCLINTX PASTRY PRODUCT And T-SHIRT PRINTING SERVICES Know all men by these presents: That we, all of whom are citizens and residents of the Philippines and of legal age, do hereby voluntarily associate ourselves to form a general partnership in accordance with the laws of the Philippines, and we hereby certify: ARTICLE I That the name of our general partnership shall be TONCLINTX PASTRY PRODUCT and T-SHIRT PRINTING SERVICES. ARTICLE II That the principal place of our partnership shall be in Sta. Cruz Laguna, Philippines. ARTICLE III That our partnership shall exist for a period of three (3) months from the time of registration in the Dean’s Office of the College of Computer Studies. ARTICLE IV That the purpose of the partnership shall be the following: 1. To deal in the business of giving the service of T-shirt design and printing together with sales of pastry products. 2. To import such kind of service after complying with existing laws and regulations. 3. To enter into such other contracts or do such other acts as may be demanded by the needs of the business. ARTICLE V That the general partners of our partnership shall be the following: 1. Jhean Laurence SimanFilipino149 Sitio Huwaran Brgy. Pagsawitan Sta. Cruz Laguna 2. Kristine SumaguiFilipino098 Sitio Talon, Brgy. Sta. Clara Sur Pila Laguna 3. Nico Paolo CatalanFilipino6781 Sitio 4 Brgy. Oogong, Sta, Cruz, Laguna 4. Joy Clinton BabaanFilipinoBeverly Hills, St. Maceda Subd. Brgy. Pinagsanjan, Pagsanjan Laguna Hereby approved by: CANDELARIA SILVANIA FLORENCIA SUMAGUE YOLANDA CATALANN ______________ ______________________ __________________________________ Parent of Parent of Parent of Parent of Ear Anthony B. Silvania Kristine Sumagui Nico Paolo CatalanJoy Clinton Babaan

TRS Essay Example | Topics and Well Written Essays - 1500 words

TRS - Essay Example Luke wrote about the early Christian leadership development in the first seven chapters of Acts of the Apostles. The focus is majorly on Jesus’ teachings, the spread of the Gospel, and the events that were experienced in Galilee and Judea. As church leaders and more so the Apostles spread the gospel, they experienced hardships such as persecutions, incorporation of foreigners, maintaining distant followers, and issues of church leadership and policies. 2. Controversies about Gentile Christians The great controversy in the early church was about whether or not Christianity had to be simply another division of Judaism. The focus was on the missionary expansion of Gentiles from Antioch. The issue was basically the basis on which Gentiles were to be admitted to the church and the whole issue of human salvation, whether Gentiles or Jews were at stake. The opinion to resolve this controversy was for people to acknowledge the grace of God in Christ as the sole basis for faith and sal vation as the only necessity from the human side. It was also suggested that gentiles respect the attitudes of their brethrens in Christ. At the end of all these, the Church was freed from being a sect in Judaism, and could expand freely as a unit throughout Europe (Saward 67). 3. Arius belief about Jesus and the controversy around this Arius believed that God and Jesus were not really of the same substance. His belief was in the ontological and the eternal functional subordination of Jesus to God; that the son was lower than the father and that he was created before time. At first, the early church was not sure of how to respond to Aryanism. Athanasius responded by claiming that Jesus was eternally begotten from God and thus they have the same essence. Bishop Alexander left the controversy to go on until he finally came to perceive that it was endangering peaceful co-existence in the church. A local council of Bishops was called upon to resolve the controversy, who decided against these teachings as well as depositing Arius from office and excommunicating his followers. In 325 AD, Constantine took a step to form a council inclusive of church prelates from the Roman Empire to solve the controversy. With Constantine’s influence, most of the bishops settled on the Nicene Creed that had the term homoousios; referring to â€Å"one in essence,† with the meaning contrary to that of Arius. The Nicene Creed circular was distributed in churches to make Christians aware. 4. Effects of the sacrament of baptism to the baptized, according to the early Christians According to Saward (104), in the 3rd and 4th centuries, the early church baptized using the immersion method. They believed that this sacrament forgave sins. To them, in the name of the Father, the son, and the holy Spirit, their sins were washed away by water. Baptism also made one a believer, and whoever refused the sacrament was condemned as an unbeliever. Moreover, baptism was a sign that people were destined to repent and could receive remission of sins, were regenerated, get born again, and were blessed by God. 5. Rabbi Abraham Heschel’s theological understanding of the Sabbath Rabbi Abraham Heschel Viewed the Sabbath as not a healthy rest period aimed at preventing burn-out and a way to carry out productive chores; neither is it equivalent to sleep. On this day, the nature of time is disclosed as

What do childrens experiences of race tell us about the social Essay

What do childrens experiences of race tell us about the social psychology of racism Discuss with reference to empirical research on race and multiculture - Essay Example Through the process of identifying certain biological human characteristics, the population of the world started being classified into separate groups. Miles refers to this process as racialisation and defines it as one which characterizes meanings â€Å"to particular biological features of human beings, as a result of which individuals may be assigned to or categorized into a general collectivity of persons reproducing itself biologically† (Miles, 1989). Research on children’s racialised thinking conventionally used numerous theoretical and interpretive paradigms that intended to explain the development of racial attitudes. Some of these models connected children’s racist beliefs to personality troubles and gave details of the appearance of prejudiced attitudes in relation to rigid cognition credited to strict parenting style (Adorno, 1950). Some recent researches put forward that children play a dynamic role in their own learning and expand knowledge through social interaction. Furthermore, children also have a certain amount of ability that permits them to understand process and express their needs and knowledge (Connolly, 1996). Thus children are not merely seen as submissive receivers of racist beliefs, but as vigorous agents who struggle to deal with conflicting information they obtain in relation to the racial ‘other’ so as to make sense of the social world around them. Because of this, they do not just imitate racist viewpoints to which they are exposed, but actively strive with their contingent and often opposing nature, while trying to make sense of their social world (Connolly, 1998b). Children establish their racialised notions of diversity and social relations within the specific framework of their daily experiences and that these experiences are socially planned, determined by social events that expand

Portrait Of A Dog from FAMILY GUY Essay Example | Topics and Well Written Essays - 750 words

Portrait Of A Dog from FAMILY GUY - Essay Example Producer, writer, MacFarlane tries to portray and explain through this episode how a dog is segregated from society despite being the closest member of a family; he wants to have a major impact on the audience by letting them know how the most loyal member of their families, who might even be the caretaker, is not taken care of and bossed about, like a slave. Upon reaching the dog show, Brian is forced by Peter to behave like the other dogs in order to win; however when Brian refuses because he feels that his dignity is at stake, Peter orders him and shouts at him. This makes Brian feel unwanted and oppressed in a way and puts him in a difficult situation. To support his position, MacFarlane has tried to draw an analogy with respect to most people belonging to society and how they are stereotyped. Then, he talks about exclusion from society for a certain section of people, and finally about how even though they are living beings and have equal rights, are not treated equally in accor dance to the laws that have been laid down, and do not even have a voice which can be heard because of the deafening noise of society in the environment. Just because Brian is a dog does not mean that he has to obey his master by sitting when his masters commands him to, or rolling and heeling when his master orders him to. Brian refuses on the grounds of having his own voice and his own wishes and dreams to fulfil; he does not want to be treated like how the other dogs are treated because he has evolved more than them and is capable of much more than just being a pet and guarding the house; Brian is a true depiction of what kind of a friend a dog can be to a man. Brian however feels unwanted and leaves Peter’s side; Peter’s ego also leaves him to himself, not going to search for the lost dog, despite his wife Lois repeatedly asking him to. In his heart Peter knows that he has made a mistake by stereotyping Brian, however, he does not give in to the fact as soon. MacFa rlane wrote this episode in order to impact his audience so that they would understand how people and animals are stereotyped; for example, when the police find Brian without a leash, they immediately turn him in, when Brian drinks from the public fountain in the park, he is frowned down upon by the other people around him and again taken in by the police as a fugitive for a crime that he has not even committed. All he asks for is to be understood by people properly who do not look at him as a dog, but as a living being with feelings, just the same as other human beings. Furthermore, when he tries to enter a supermarket or a restaurant, he is thrown out just like ‘dogs’ are, just because he is stereotyped to be a dirty and misbehaving animal. Ultimately during the courtroom scene as well, the judges, even though they give Brian a chance to explain his conduct, suddenly change their minds and ask each other â€Å"Why are we listening to a dog?† This comment howeve r hurts the other Griffin family members who by this time have realised the importance of Brian in their family – just because he is a dog does not mean that he needs to be treated like one. If he is willing to expand his intellectual horizons, then he should have the full opportunity to be treated like an equal member of the family. Peter understands that having an equal status and being treated with an equal status of the family are two different things and finally, the Griffins are able to provide the same to Brian. This is how MacFarlane achieves his

The Effects of Computer Science on the history of our Nations Wars Research Proposal

The Effects of Computer Science on the history of our Nations Wars - Research Proposal Example Generally, computer science refers to the study of some theoretical standing, with regard to computation and information, and often focuses on the practical application of the techniques, necessary for implementing them in computer systems (Diffie, 2008). Presently, a considerable number of disciplines under the scope of computer science do not exclusively incorporate the study of computers (Longo, 2008). Such disciplines include the military science, which incorporates the use of computer technology. Many scholars in the field of science have put a keen focus on the connections between the computer science on the theoretical basis and the execution of the military operations. This is with regard to how such operations were being planned and carried out, during the time of the Cold War. Since the 20th century, great effort has been put to the scientific researches in the military operations. This has led to the development of science-based military technology. These efforts have seen the subsistence of strong militaries across the world. For instance, the First World War, which is widely known as ‘the chemists’ war, was characterized by the application of many explosives (Diffie, 2008) owed to the computer science. Among the pioneer military technologies was the extensive use of the poison gas by the British and Germans, in 1915. Computer science also contributed to the development of the wireless communication technology, which advanced the methods of executing attacks, and detecting enemies, besides acting as a means of communication within the militaries. The wireless radio technology was a key player in the coordination of the German, British and American troops (Arquilla, 2011). By the Second World War, the computer technology had advanced the military technology, and at this time, the unveiling of the atomic bomb was marked (Bousquet, 2008). Hand in

Article summaries Essay Example | Topics and Well Written Essays - 500 words

Article summaries - Essay Example markably, some selfish businesspersons continue to push for capitalism and disregard the society with their sole objective of making profits from the society. However, activists against capitalism have pushed forth to ensure that businesses does not only take profits from the society, but also contribute towards the wellbeing and development of the society (Levitt, n.d.). According to the author, social responsibility evolution aspect in the business world is the main aspect that will enable socially responsible business to thrive while the profit-oriented entities and self-centered executives fall (p. 464). Remarkably, the author indicates that personal social responsibility values such as self-conscious and non-profit endeavors are the key aspects of a responsible manager that will enable the business thrive in the public and reduce resistance evoked by capitalism. The article articulates that social responsibility is not a threat to the success of a businessperson, but long-term benefits from the society compared to the short-term business environment offered by the society to the selfish and profit oriented executives. Social responsibility remains the main aspect towards the survival of a business and reduced conflicts among the executive and the governments despite the function of a business to yield high level of profits. Additionally, the author recognizes the failure of business to recognize social responsibility that has led to the rise of unions and welfare programs to safeguard the community against ill-motivated economists whose sole interest is to uphold capitalism and dep rive the resources of the society, labor, agriculture, and the government. vi. Management is always faced by numerous critics, which it can only avoid by involving the society in terms of ensuring that it maintains the civil rights and restricts the free operation of profit motive. The articles has evoked a sense of exploitation by the capitalists who think that they can just

I'm not sure Essay Example | Topics and Well Written Essays - 1250 words - 2

I'm not sure - Essay Example He explained Laozi’s thoughts through concrete instances from history, people’s life, and also from his surroundings. But most often, Zhuangzi’s elucidations appear most complex and complicated. Sometimes, they become diverted the mainstream of Daoism and tend to appear as an individual philosophic strand. The most remarkable difference between the two is how they view ‘Tao’ or the Way. Both of them believe that the Way is beyond human perception and conception. In this regard, both of them are realists. But Zhuangzi’s approach to Tao or the Way is more applicable to human life than Laozi’s. That is, Laozi is more metaphysical than Zhuangzi. Since Laozi’s philosophy fails to dispel the transcendence of the Way or Tao, his teachings do not care much about human life as Zhuangzi’s teachings do. In this regard, it can be said that Zhuangzi’s ‘Daoism’ is superior to Laozi’s. Both Laozi and Zhuangzi acknowledge the ‘Dao’ as a transcendental existence which contains the whole universe. In Laozi’s word, â€Å"The Great Tao flows everywhere../All things depend on it for life,/and it does not turn away from them./ One may think of it as the mother of all beneath Heaven./ We do not know its name, but we call it Tao ...† (Ivanhoe & Norden 165). It is nameless and formless and it exists everywhere. Yet nothing in this universe can be construed as the ‘Dao’. It is eternal and it is not knowledgeable. Rather it is beyond human perception as well as human language. The problem of human language is that it is not sufficient enough to describe it. It exists, but it cannot be described, as Laozi says, â€Å"The Tao that can be told of is not the eternal Tao;/ the name that can be named is not the eternal name† (Ivanhoe & Norden 165). Laozi further describes it, â€Å"There is a thing, formless yet complete./ Before heav en and earth it existed. /Without sound, without

Microorganisms in Nature and Biotechnology Essay

Microorganisms in Nature and Biotechnology - Essay Example This research will begin with the statement that a microorganism or microbe is an organism which is microscopic, usually too small to be seen by the naked eye. Microorganisms are very diverse including bacteria, fungi, archae, protists etc. They live in all parts of the biosphere where there is liquid water, including soil, hot springs, on the ocean floor, high in the atmosphere and deep inside the rocks within the Earth's crust. Microbes are critical to nutrient recycling in ecosystem, biochemical and ecological cycles. They also play a major role in precipitation and weather. Microbes are exploited in the fields of biotechnology, food technology, and genetic engineering. Even though most of the microorganisms are useful, a few are pathogenic too. A microorganism or microbe is an organism which is microscopic, usually too small to be seen by the naked eye. Microorganisms are very diverse including bacteria, fungi, archae, protists etc. They live in all parts of the biosphere where t here is liquid water, including soil, hot springs, on the ocean floor, high in the atmosphere and deep inside the rocks within the Earth's crust. Microbes are critical to nutrient recycling in ecosystem, biochemical and ecological cycles. They also play a major role in precipitation and weather. Microbes are exploited in the fields of biotechnology, food technology, and genetic engineering. Even though most of the microorganisms are useful, a few are pathogenic too. However, the recent developments of science have made the applications of microbes quite vital in the applied research of modern days.

Do something Term Paper Example | Topics and Well Written Essays - 1750 words

Do something - Term Paper Example Nevertheless, the organization faces significant challenges including raising enough funds for the smooth running of its activities, and commanding a global outreach. Despite this, the organization’s board of directors, the advisory board, and other well-wishers continue working around the clock to ensure the organization achieves its objectives (DoSomething, 2015). The main aim of this organization is to ensure social change and equity in the society. In addition, the organization aims at transforming people’s views about the need to care for the environment in which they live. The organization believes that bringing such a change will form the basis of a bright future for upcoming generations. The organization also aims at involving people across the globe in driving this change. DoSomething.org especially believes in utilizing the enormous power of the youth through campaigns in driving social change for a bright future (DoSomething, 2015). The marketing goals of DoSomething.org include mobilizing people through different social media platforms to join a cause for the positive transformation of the society. The organization believes involving people from various backgrounds and cultures will help in bringing in innovative solutions to the various social challenges facing the society. The organization seeks to increase the interest from various corporations and other well-wishers in supporting its campaigns. On the part of corporations, DoSomething.org aims at increasing the level of involvement of different corporations in corporate social responsibility (CSR) activities. DoSomething.org also aims at increasing its brand equity as a reputable non-profit making organization across the globe. The organization believes that such a reputation will serve as a basis of making it attractive to potential volunteers and other well-wishers (DoSomething, 2015). The organization has well-trained

Gang Violence in American Schools Essay Example for Free

Gang Violence in American Schools Essay Did you ever have to move because your kids were bullied at school? Is the community you are living in is unsafe with gang violence and you were afraid your kids will grow up to be a notorious gangster? You believe the ideal place to raise a family is in a higher income suburban area where the school system is better and your kids will be free from violence. You might want to think again. In fact, youth â€Å"gangs, now more violent than ever, are spreading to new locations† (Gaustad, 1 ) all across the country, including public schools. Gangs are moving suburban areas to recruit more members to expand their gang group. They are using new members to distribute drugs because it is appealing to young children and profitable. It is causing an increase in violence in schools because other gang group does not get along with another set of gang. Kids are scared to go to school because they are afraid they might get bullied and attack. The dropout rates has increase, more weapons are being brought to school endangering lives. School properties are being vandalized with school logos and teachers are getting injured from trying to intervene (Capozzoli and McVey, 81). Gang violence in school are getting worse that school officials, community members, and law enforcements are coming together to figure out solutions. The three solutions that seems to be showing a great impact in reducing gang violence in American schools are school uniforms, peer mediation programs, and after school programs. School uniforms are the first solution that will help cut back gang violence in American schools. Gangs use colors, certain types of clothing, and bandanas to symbolize what group they are from or associate themselves with. Students that are not involved in gangs are unable to walk down the school hallway without being accuse they are involve with a rival gang due to the color shirt he or she may be wearing. School uniforms are typically seen in private or foreign country’s schools to indicate a business-like atmosphere ( Skiba, 10). Now it is becoming more common in public schools because it keeps pupils in similar clothing. The typical school uniforms usually consist of khaki pants and collar shirts. Female pupils are sometimes in a skirt that goes down past their knees. The colors of the collar shirts vary depending on what schools students attend. School uniforms will end gang members from wearing clothing indicating what group they are from. This will help reduce violence between rival gangs because it will be difficult to point out what gang another student associate themselves with. Students will be able to concentrate more on learning than worrying about getting attack. Not only does uniform help reduce the violence but it also help schools bring unity together and help pupils who come from a family with financial difficulty feel less pressure to dress a certain way to fit in (Lopez, 4). The Long Beach Unified School District decided to establish a school uniform policy during the 1990’s to help pupils further their education in an elementary school. The school district had supports from parents who feared for their child’s safety while they were walking to school and mistaken to be a rival gang member due to the color clothing they were wearing. Violence has dropped 86% after the school uniform policy been established for 5 years (Lopez, 4). Murray states,† higher student ratings of the quality of school climate in schools with a uniform policy† after studies was done on two North Carolina schools (qtd. in Zero Tolerance, Zero Evidence, 10). The second solution are peer mediation programs. Peer mediation is a program that involves people who are chosen and educated to resolves issues between individuals that has dispute with one another. The program is used in schools, youth centers, and juvenile justice setting to help young people learn how to solve their conflict through talking it out instead of using violence. Peer mediation programs are used to help decrease lockdowns, suspensions, detentions, and to bring positive atmosphere. Instead of adults trying to diffuse the conflict between young people, the program gives students the ability to help their peer s figure out a solution to their conflict with one another. It also allows the disputers to be more open and able to express why they are conflicting with the other student. Young people tend to feel more comfortable and connect better with people their own age because they feel they won’t be judged. Students are the initiator of confrontations among other students. They have to be neutral and must go through training so they can understand the process. The process of peer mediation are broken down into six steps where the facilitator has to come up with rules that must be followed, hear both sides of the story, determine if it is the same issue causing the problem, suggest solutions that will fix the problem, make sure solution fits the goal of the outcome, and help dispute agree on a solution (Crawford and Bodine, 23). Classical high school in Lynn, Massachusetts has been using peer mediation program for 14 years now and feel that the program will help decrease violence in schools. The program is very important to the school that students have to put an application in and go through an interview process by the coordinator of the program, Miriam Markowitz to become a mediator. Student who have conflict dispute with one another are brought into a private room where the student mediator tries to resolve their issues by easing the pressure off the disputers to act a certain way if they were around their friends. Classical high school reported a â€Å"90 percent success rate† (Weber, 9). When school is out; kids can keep themselves occupied and out of trouble by going to an after school program. After school program is a safe place where kids are supervised, kept busy to drift them away from negative behaviors like gangs and drugs. A lot of the kids who goes to the after school programs lacks adult guidance, or come from a low income family that the parents are working a 12 hour shift and cannot be around to supervise their every move. The staffs at after school programs don’t just help kids with their homework but they build relationships with them and try to guide them in the right direction (after – school activities and clubs). After school programs are not just programs where kids come to do home works and activities, it is also a place where they learn about gang violence, how to prevent involvement. Council for Unity is an after school program located in Riverhead, New York that was developed by Riverhead high school. The program consist of students from different ethnic backgrounds that come together every Tuesdays, Wednesdays, and Thursdays to talk about what issues are going on in the community, ways to prevent the violence in their schools and to learn about gang violence prevention. The coordinator, Mr. Desenna ask special guest to come by to talk and educate the kids (Council for Unity). Another after school program that is a major success and has been around since 1988 is Roca located in Chelsea, Massachusetts. Roca is a nonprofit organization that works with young people from ages 14 to 24 to help them stay away from gang, teen pregnancy, being incarcerated and graduate high schools. Roca work very closely with young people who are involved in gangs. Staffs from Roca have a program that they call outreach that consist of them walking the streets and trying to build relationships with the gang members. Most of the staffs have gone through incarceration or is an ex-gang member that has turned their lives around and using their experience to influence youths in a positive way. The program â€Å"helped more than 15,000 young people make positive, profound changes in their lives† (rocain.org) Gang violence in American schools is not going to go away overnight but if efforts are put in like: establishing school uniforms, peer mediation programs and providing more free after school programs, it soon will not be an issue facing the school systems. Having positive young people trying to influence their peers will help tremendously. Works Cited Capozzoli, Thomas, and R. Steve. McVey. Gangs and Schools. Kids Killing Kids: Managing Violence and Gangs in Schools. Boca Raton, FL: St. Lucie, 2000. 81-82. Print. Council For Unity. Riverhead.net. Web. 5 Apr. 2011. http://www.riverhead.net/html/RHSnewscouncilunity.html. Crawford, Donna, and Richard Bodine. Conflict Resolution Education. Rep. Champaign,IL: Research, 1996. Print. Gaustad, Joan. Gangs.ERIC Digest. Ericdigests.org. 2005. Web. 29 Mar. 2011. http://www.ericdigests.org/pre-9216/gangs.htm. Lopez, Rebecca A. The Long Beach Unified School District Uniform Initiative: A Prevention-Strategy for Urban Schools. The Journal of Negro Education 72.4 (2003). The Long Beach Unified School District Uniform Initiative: A Prevention-Strategy for Urban Schools. Web. 31 Mar. 2011. http://elibrary.bigchalk.com.proxy6.noblenet.org/elibweb/elib/do/document. Project, – Key. Roca : Who We Are. Welcome to Roca. Web. 12 Apr. 2011. http://www.rocainc.org/about.php. Skiba, Russel J. Zero To lerance, Zero Evidence. Rep. 2000. Print. Weber, Gretchen. Peace among Peers. The Lynn Educator 2008. Print.

Effective Appraisal Methods Undertaken By Companies Commerce Essay

Effective Appraisal Methods Undertaken By Companies Commerce Essay With the increase of globalisation and new technologies of information and communication, businesses are facing more challenges than before. Furthermore, people are moving from their own country to relocate elsewhere. This give more difficulties to businesses to understand not only their customers, but also their workforces as they are coming from different part of the world and might have different way of thinking and acting. An organisation is a group of people working together in order to achieve the goals and objective that have been set. Therefore managing those people effectively and efficiency must be a company primary focus. This research is based on the type of performance appraisal that a company should be used in order to evaluate correctly its workforce. In order words, there are many different methods such as: 360 degree feedback systems, critical incidents, forced distribution, self-evaluation, essay evaluation, behavioural observation scales and management by objectives. These methods can be divided into two categories: past-oriented methods and future-oriented methods Statement of the problem Human Resource Management is the management of the human capital, workforce within an organisation. It has many functions which are: recruitment and selection, training and development, performance appraisals and employees promotion. M. Armstrong define it as: a strategic and coherent approach to the management of an organisations most values assets- the people working there who individually and collectively contribute to the achievement of its objectives (G. Armstrong, 2006, P.3). As people make an organisation, it is important for managers to deal with their personnel enquiries effectively. Evaluate or conducting performance appraisal on employee is also very important and it is one of Human Resource Management functions. There are no standard performance evaluation methods; companies chose the method that satisfies their needs and requirement. A method is chosen according the nature and the culture of the business. Also it is important to say that each method have both advantages and disadvantages and must be analysed carefully before taken into practice. Aims and objectives of the study In order to carry out properly, accurately and normally this research, it is crucial and important to point out it aims and objectives. The research aims are: The first objective of this research is to underline the importance of performance appraisal within an organization. Why Human Resource Managers conduct or evaluate their employees. What is the reason why employees should be evaluated after a certain period of time? What is the main purpose of employee evaluation? Is employee performance related to his/her pay? Or is it because the company just want to know who is performing very well and who is not? Also has the business notice that performance appraisal lead to a kind of motivation factor for its workforce? Because some employees would like to be rewarded whenever they think they are doing a good job. The second objective of this research is to find out which performance appraisal method is undertaken by PEABODY and why have they chosen that particular method Thirdly, it is also essential to notice that performance appraisal do not only matter for the organization but also influence employees. Therefore whenever a company evaluate their employees how do they do it? Which evaluation process to do take to appraise them? Are employees getting feedback on their performance? Finally, what strategy is used by human resource manager for employees with good and poor performance appraisal? LITERATURE REVIEW According to G. Dessler, performance appraisal can be defined as: the process of evaluating an employees current and/or past performance relative to his or her performance standards. (G. Dessler, 2008, P.336). In other words, performance appraisal helps the management to identify and evaluate their employees strengths and weaknesses. As result of conducting performance appraisal by an organization, managers will be able to adopt the best suitable motivation method. For example: if an employee feedback is positive, managers should motivate or reward him because they want him to keep having good performance in the future. M. Foot C. Hook added: Managers conduct performance appraisal for variety of reason such as: improve current performance, identify training needs, to award salary increases, to increase motivation [] (M. Foot C. Hook, 2005 P.268). It can also be seen as a motivation factors when employees have the feedback on their appraisal. Managers should take different strategies with employees who have poor performance. For example they can b e sent for training and development. But before doing so, the Human resource manager should identify the reason why they have poor performance. Figure 2 explains the steps and procedures to follow when dealing with poor performance. (S. Gilmore S. William, 2009, P.247). Performance appraisal is directly link with employees training and development because when it has been conducted that an employer might be able to identify whether if their employees have to go for a training program or not. Additionally, some employees are paid depending on their performance especially those who work in the marketing department. Therefore, the company must carry out performance appraisal after a certain period of time. (G. Dessler, 2008, P.339). Furthermore, for a company to achieve their goals and objectives, each and every worker in the organization should achieve their own target. DIFFERENT TYPE OF PERFORMANCE APPRAISAL There many different types of performance appraisal such as 360 degree appraisal, forced distribution method, self-appraisal, rating scales method, critical incident method, ranking method, essay method and management by objective. 360-Degree Feedback Systems Armstrong stated: 360-degree feedback is also known as multi source assessment, is a process in which someones performance is assessed and feedback is given by number of people who may include their manager, subordinates, colleagues and customers (Armstrong, 2009, P.644). This assessment method is done by different persons in order to reduce or eliminate judgmental decision and bias. As an employee performance needs to be looked in a wider aspect, internal assessment done by managers only will not be as accurate as possible. This method is useful when appraising employees who work in call centres, receptionists and customer service. Where pass the majority of their working time dealing the customer enquiries. It is also a combination of different sources of performance appraisal information to create many different evaluator or 360-degree appraisal and feedback system. Jobs are multifaceted, and different people see different things. As the name implies, 360-Degree feedback is intended to provide employees with as accurate a view of their perf ormance. As all others methods of appraising workers performance, this method has both advantages and disadvantages. Advantages 360-degree feedback has many advantages such as: firstly, it looks at the employee performance from different point of view. It includes collecting multiple perspective of managers performance by allowing employees to compare their own personal evaluation with others people point of view. (R. Noe et al, 2003, P.388). Secondly, Armstrong argued that it increases awareness by senior management that they too have development needs. Sometimes managers and board director believe that they know everything and therefore do not need to be appraised on their performance. (Armstrong, 2009, P.646). This frequently happens in organization where autocratic management style is adopted which stipule that managers are always right employees should always follow without any suggestions. Finally, feedback receive are more reliable and objective, therefore adequate actions can be undertaken. (Armstrong, 2009, P.646) Disadvantages According to Armstrong, people are not always honest and therefore wrong analysis can be made by managers. Also, people mind can change time to time. J. Ivancevich added that: providing constructive feedback require a plan and well-trained rater. And this is not typically found in organization. (J. Ivancevich, 2007, P.260). However some has strategies to make sure that 360 work as effectively as possible. For instance: to encourage participation in its customer performance appraisal process, Xerox business services plant a tree for each customer who return a completed form. (Jackson et al, 2009 P. 334). The introduction of 360-degree feedback in place where pre-evaluation had not been conducted can be very dangerous. For instance: in place where there is low level of trust and high level of competition. When conducting your 360-degree, customers might not give their real opinion about an employee performance. Furthermore, this can also lead to an increase in bias. If an employee is assessed by customers who are friends and/or family, t hey might rate the employee according to their personal feeling rather than the employees performance. Another disadvantage of 360-degree feedback is that, it does involve too much bureaucracy as everyone will be asked to assess the particular employee. Therefore this may require lots of time. Additionally, conducted performance appraisal is not enough but taking effective decision after having performance appraisal result is very important. Lack of feedback may de-motivate employees to take another one next time. Moreover, they need to know what are their strengths and weakness. This is the reason why some companies conduct self-assessment method of performance appraisal. Forced Distribution G. Dessler says: The forced distribution method is similar to grading on a curve; predetermined percentages of rates are placed in various performance categories. (G. Dessler, 2008, P.345). Most of the time, companies divide it into three where there is the first category w here companys best employees are placed, then the second category where the second best in located and finally the last category where usually poor performance is found.(Jackson et al, 2009 P. 335). Those who fall in the first group are encouraged continuing with great performance with some options available. Employees in the second group category are also encouraged to increase their potentiality in order to reach the top first group and can get some bonuses or promotion relative to their performance. But those in the group are not given any kind of bonuses. This is where the management will look at the various reasons why there is poor performance and may decide whether training needs to be undertaken or not. Some managers will give a warning if poor performance continues and others may even be harsher and fired. Jackson et al added: In this method, the appraiser distributes employees across several categories of performance following a set rule about the distribution of rating that are permitted. (Jackson et al, P. 335) Self-Appraisal Self-appraisal method is the form of performance appraisal technique where employees appraise their own performance. Before adopting this method, HR manager should make sure that their employees understand their objectives and the criteria used for evaluation. (Mondy, 2008, P.251). This method prone the fact that only the employee is able to know what he/she does well and what he/she is lacking and need to be improved. J. Beardwell and T. Claydon added: self-assessment is the only way to give a complete picture of the performance of the employees and to avoid a criticise-defend scenario (J. Beardwell T. Claydon, 2007, P.512). Furthermore, this method require the employee to have a good knowledge of the job requirement and role so that he/she will easily identify the gap between what he is doing and what he is require to do. METHODOLOGY In order to carry out the aim of this project, it is essential to build a very good research methodology. This will include the framework that will be used in order to answer the question. Knowing what the different types of performance appraisal are, research methodology will elaborate all the different methods that will be used to collect as much information as possible relating to the topic Research Methods The aim of the project is to find out what performance appraisal method should be undertaken by company to evaluate with effectiveness and accuracy their workforce, therefore qualitative and quantitative research will be useful to conduct the project efficiently. Quantitative research is mostly used when question beginning by how many are often used. Quantitative analysis deals with the numbers and uses mathematical operations to investigate the properties of data. (N. Walliman, 2006, P.113). As compared to qualitative research, quantitative researches develop technique that produce quantitative data and which can be classified easily. Qualitative research on the other hand is a method which leads to the collection of qualitative data which are data that cannot be quantified. Qualitative research usually answer question such as: what do think about? What is your opinion about one particular product? Qualitative research deals with feeling, attitudes, opinions and ideas. It is very difficult to analyse as people might change mind or opinion time to time. J. Creswell added by saying that: qualitative research begins with assumptions. A worldview, the possible use of a theoretical lens, and the study of research problem inquiring into the meaning individuals or groups ascribe to a social or human problem. (J. Creswell, 2007, P.37) Data collection The data will be collected using many sources of data collection. Secondary data collection such as: books, magazine, articles and academic journals will be used to gather much information as far as performance appraisal is concerned. Although secondary data are often books and journals, it is important to note that this source also entails non-written materials such as: voice and video recordings, pictures, drawings, films and television programmes. (M. Saunders et al, 2007, P.248). Any kind of secondary materials on performance appraisal and human resource management related to the research question will be used for the project. Primary data collection such as: questionnaire, interviews and observation will be adopted to collect information. Those data are not available on books and are more reliable than secondary data. In order to collect primary data, questionnaire will be designed and given to one HR manager and two assistant at PEABODY. The questionnaire will carry some useful questions such as: are you conducting performance appraisal on your employees? What is the importance of doing it? Which performance appraisal method have you used or are you using at the moment? What are the reasons why that method was chosen? After appraising your employees do you give them feedback on their performance? What step or strategy do you adopt with poor performance and good performance employees? Interviews will also be done to some workers in order to have an overall picture of the topic. Data analysis Data will be analysed by looking at the findings from all those different sources of data collection. Primary data analysis will be compared to the literature review in order to know if what is written in the books is followed by organisations. Findings might be presented as graph, diagrams or charts. GANTT CHART Time Activities April May June July 15th 30th 15th 30th 15th 30th 15th Introduction Literature review Research Methodology Primary Data collection Data analysis Conclusion

Employment Among Peoples With Disabilities Social Work Essay

Employment Among Peoples With Disabilities Social Work Essay Companies decisions to hire and retain employee can be influence of variety of factors. The study examines factors that influence companies decision to hire a person with disabilities in Kota Kinabalu, Sabah. While not denying the fact that there are numerous factors contributing to the companies decisions to hire disabled people. According to the Department of Social Welfare Malaysia, persons with disability is any person who is unable to obtain for himself/herself, fully or partially, the normal requirements of an individual and / or is unable to participate fully in the community due to shortcomings either physically or mentally and whether it occurred since birth or later in life. There are six categories of disabilities that are identify and registered in the department that is first hearing disability including deaf and mute, second is vision disability including blind that is eyesight less than 3/60 for the good eye even with vision support equipment (eye glasses) and low visi on/partially sighted that is eyesight less 6/18 but equal or better than 3/60 for the good eye even with vision support equipment (eye glasses), third is physical disability such as Polio, Amputee, Muscular Dystrophy, Myopathy, Neuropathy, Osteogenesis Imperfecta and others, fourth is Cerebral Palsy such as Hemiplegia that is Cerebral palsy that affect half of the body, Diplegia that is Cerebral palsy that affect both legs and Quadriplegia that is Cerebral palsy that affect all limbs, fifth is learning disability that is Global Development Delay (for children age People with disabilities are often being socially excluded in our Malaysian Society (Malaysian Care Organisation). Negative attitudes towards persons with disabilities has been identified as a barrier them to particiapte fully in society (Hasnah Toran et al., 2009). Without a concerted effort and awareness from companies and public as well, there is no improvement for this people to participate fully in society. Malaysia passed the Person with Disability Act (PWDA) in 2008 as part of its obligations under the Convention on the Rights of Persons with Disabilities (UN convention). According to this Act, those persons with disabilities shall have equal access to public facilities, amenities, services and buildings, public transport, education, employment, information, communication and technology, cultural life, recreation, leisure and sport (www.thenutgraph.com). This Act as a basis for equalization of opportunities for person with disabilities, to eliminate discrimination and harrasment against them and to promote their full participation as equal citizens of this country (Zulfikri Osman, 2003). 1.1 PROBLEM STATEMENT There are 15,409 PWDs registered with the State Welfare Services Department in Kota Kinabalu, Sabah as at July 2010, including those with physical or mental disabilities, hearing and vision impairment, cerebral palsy as well as intellectually challenged according to Community Development and Consumer Affairs Minister Datuk Azizah Mohd Dun in the Daily Express( 10 October 2010). According to her, there are many other PWDs out there have not registered to the department and urges to do so and the society must adapt to their needs and accord them the same right. There are some approaches and campaign done by government to improve the standard of living disabled persons. In general, the reaction of the private sector towards employment of disabled people may be due to misperception about people with disabilities. Hooi (2000a, p. 4) quotes Bathmavathi Krishnan, a senior disabled librarian in Kuala Lumpur: Most employers are reluctant to employ the disabled because of concerns regarding safety regulations, the need to modify premises such as installing ramps, disabled-friendly toilets and extra medical costs. Mariah Abdul Rahman (Hooi 2000a, p. 4) a web-lab manager in MIMOS Bhd, cites prejudice and the fear of uncertainty among employers as the main reasons why people with disabilities find it difficult to seek employment. In this era of globalization and digitization where competitive pressures of the new economy spill over into the lives of the rich, poor and disabled people, the need for a decent job is even more fundamental to a life of dignified existence: The work that we do has a crucial impact on our social and material well-being, in terms of income, class, status, influence, social relationships and personal identity (Barnes, Mercer Shakespeare 1999, p.1 10). The purpose of this study is to investigate companies attitudes towards employment of persons with disabilities in Kota Kinabalu, Sabah . 1.2 RESEARCH OBJECTIVE 1) The objective of this study is to investigate factor that influence companies attitudes toward the employment of persons with disabilities. 2) To recommend suitable employee for the private company. 1.3 SCOPE OF STUDY The scope of the study covers a few selected Private companies in Kota Kinabalu, Sabah (Sembulan, Tanjung Aru, Lintas, Inanam and Likas). 1.4 SIGNIFICANT OF STUDY This study is significant because it seek to measure the companies opinions and view in hiring persons with disabilities. This study will benefit the government, disabled people, employers and local universities as there were few empirical studies in this area. Hence the findings from this study can be used by the government and employers to develop better effort in developing disabled people to live in better living conditions and in the workplace. 1.5 DEFINITION OF TERMS The terms used in the study are defined for ease of understanding 1.6.1 Disability person Those who have long term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society (Social Welfare Department of Malaysia). Disability is defined according to the American Disability Act: 1) A person who has a physical of mental impairment, which substantially limits a major life activity, 2) Has record of that impairment that is used by the employer to discriminate against the individual, and 3) Is regarded by others as having such an impairment, whether impaired or not (this category includes AIDS/HIV) (Fersh Thomas, 1993; Spechler, 1996; Presidents Committee on Employment of People with Disabilities, 1993). 1.6.2 Private Company Business firm in the private (non-public) sector of an economy, controlled and operated by private individuals (and not by civil servants or government-employees) (retrieved from businessdictionary on 18 October 2010). 1.6.3 Attitude` An attitude is a learned predisposition to behave in a consistent favorable or unfavorable way with respect to a given object (Schiffman Kanuk, 1994). Attitude is a combination of beliefs and feelings that influence behavior (Brostrand, 2006). author (Brostrand, 2006). While Triandis, Adampoulus, and Brinberg (1984) also defines attitude as an idea or belief is driven by feelings and produce a certain behavior in a social situation. CHAPTER 2 LITERATURE REVIEW Hiring People with Disabilities A 1994 study by Ford attempted to determine where employers received information about the ADA and their training in hiring people with disabilities. Participants were also asked what services they needed to employ people with severe disabilities and in what areas they were lacking information. Responses included lack of information about supported employment, disability, building modifications, employer benefits, laws, funding, rehabilitation technology devices and services, and service providers. When participants were asked whether they were able to provide the rehabilitation technology necessary to employ an individual with a disability, 74% said they were not. When asked to state why, 23% said lack of funds, 22% indicated lack of expertise, 19% did not know where to go for training, and 14% stated it was due to low priority, lack of time, lack of feedback, or personal constraints. Twenty-six percent of employers surveyed said they had never made a referral to a vocational rehabi litation agency for an employee with a disability. When asked why, 36% said they did not even know it was possible, 24% did not know where to refer to, 26% said it was not their job, and the remaining 14% stated it was not in their best interests or in the best interests of the employee with the disability (Ford, 13 1994). The results of this study indicate that employers need more information and assistance in employing people with disabilities. Employers Attitudes While some studies have explored the need employers have for information, other studies have investigated employers attitudes towards hiring people with disabilities. One study on employers attitudes made use of a scale developed by Kregel and Tomiyasu (1994) This scale measured the attitudes of 170 employers toward workers with disabilities and towards the ADA. The results of this study found that while 96% of the 170 employers interviewed knew of the ADA, only 36% said they would support mandated quotas for hiring people with disabilities. The employers were asked about their satisfaction and previous experience with people with disabilities in the workplace; 73% had previous experience. Of that 73%, 78% were satisfied with the performance of the worker with a disability, 11% were somewhat satisfied. Overall, this study found employers to have a positive attitude towards people with disabilities. The employers did acknowledge that in order for the transition into the workforce to be successful they needed to provide a good effort. On the other hand, employers did not feel they had to create jobs or employ persons with disabilities themselves. They did feel assistance would be necessary to hire a person with a disability, but few felt it would be too expensive. In addition, although these employers saw people with disabilities favorably, they believed the hiring of a person with a disability would depend on the extent or severity of the disability. The employers also expressed some personal concerns, which included fears of not being able to communicate with the employee and fear of the employee with a disability making special demands (Kregel Tomiyasu, 1994). Building Relationships Developing relationships between vocational rehabilitation agencies and employers will increase communication and benefit both. Employers will receive assistance in the logistics of hiring an individual with a disability and VR will more successfully place clients into open positions within those companies. Accommodation is one area where employers struggle to know what is necessary and how to implement it. When accommodating workers with disabilities it is important for companies to realize that they do not have to do it on their own. It is suggested that companies take a proactive approach. Some suggested guidelines are: 1) Designate a company representative to oversee ADA compliance. 2) Create and maintain cooperative relationships with other companies and community resources. 3) Ensure that all company policies are compatible with ADA prescriptions 4) Consult rehabilitation professionals to assist in the formulation and review of accommodation options, and preparation of work and non-work environments. (Mullins, Rumrill, Roessler, 1994, p. 16) Attitudes of Society and Employers Due to attitudes or society and, more specifically, employers, job placement and job development for individuals with a mental disability can be challenging in itself; add the concept of job development, and you have an even more complicated situation. In job placement, the job placement specialist works with individuals with mental illness in various types of vocational environments, finds out that they may be more like a salesperson attempting to sell a product to community employers. The product that the job placement specialist is promoting to community employers is his or her clients abilities and skills. The motivation for this action is that community employers have what rehabilitation professionals and their consumers want-a job in an integrated community setting. However, acquiring this vocational goal is not as easy as it sounds-get the job (University of Wisconsin-Stout, 1983). The placement to specialist needs to be persuasive, because if he or she is not able to promote their clients to employers in the community, the unemployment rate may stay the same or even worsen (Fabian Waterworth, 1993). In order for this event to take place, the job placement specialist must create a working relationship with the employer in order to create a positive working environment for his or her client. Malaysian empployers attitude A study by Zulfikri Osman (2003) on Malaysian employers attitudes toward hiring persons with disabilities found that Malaysian employers are found to be discriminative in hiring disabled workers. Jobs offered to disabled workers are normally for lower position. The Ministry of National Unity and Social Development thhrough its working group on legislation had drafted a proposed Act to be called Person with Disabilities Act. However, these federal initiatives, as important as they are, have not changed the way many employers feel about hiring the disabled people. The study also found that, those surveyed perceived their organizations had been unfair in offering jobs while at the same time do not provide special training programs tailored for disabled workers. On the positive side though, organizations gave the same benefits and salary schemes, equal opportunity for advancement and are socially responsible in term of employment oppotunity given to disabled workers. However, employers d o not really care about disabled people involvement in building. Moreover, organizations seemed to prefer normal prospective employees, during selection and recruitment, to disabled people. The cross tabulations revealed that the private sectors employment of disabled workers declined sharply. The three hypotheses were then tested and found that training and development policy and the legal and ethical environment were proven to have significant relationships with employers attitude individually. However, an organization unique workplace environment was not. Although the strengths of each relationship were not established the significance of two out of three, are thought to be good for future research and prediction on employers attitude. Finally, the findings raised the need for a review of existing legal provisions to ensure equal employment opportunity for all. A study by Noraini Mohd Salleh, Khalid Abdullah and Nor Aishah Buang (2001) on Job Opportunities for Special Needs Poplulation in Malaysia found that the special needs populations short comings or their handicapping factors were not the stumbling blocks of their career development and education has played a major role towards their success. Seven hundred fourthy six special needs individuals (blind, low vision, deaf, mentally retarded, cerebral palsy, down syndrome, epileptic, stutter, physically disabled, spastic, and with speech problems) with jobs were identified and some of the jobs undertaken by the special needs population are classified as: professional, semi-professional; skilled non-professional and unskilled non-professional. Hundred fourty government agencies and private companies were located. These employers or potential employers suggestions for their clients or potential clients training to be more specific and suitable for the job market; in line with the countrys nee ds; business bias; inclination towards industrialization: electronic, information technology; food and tailoring. A study by Prabha Ramakrishnan (2007) on Critical Factors Influencing Employment of Disabled Persons in Malaysia. There are four factors covered by the study that are namely, the organisational commitment to employment of disabled people, attitude attitude towards disabled workers, the organisational policies on disability, and the employment opportunities for the disabled people. The first three factors constitute the independent variables, and the last one, the dependent variable. The first variable organisational commitment to employment of disabled people. The second variable is attitude towards disabled workers. The third variable organisational policies on disability. Overall, these three independent variables significantly explain the variance in the dependent variable, i.e. employment opportunities for the disabled persons. The findings of this study show that the organisational commitment to the employment of disabled people is fairly favourable. This is indicated by a highe r organizational commitment by companies that employ disabled workers; it is also shown by a higher emphasis for training employees towards disability issues. However, there is no significant difference in the recruitment of disabled workers between organisations that employ no disabled persons and those that employ disabled persons. The overall attitude towards employment of disabled people is not actually favourable, although the co-workers perception of disabled staff is fairly favourable. While the organisational perception on the need for supervision of disabled employees is somewhat favourable, the organisations that currently employ disabled persons are of the opinion that greater supervision is needed. The general perception on the current organisational policy for employment of disabled persons is not really favourable, although organisations that employ disabled people perceive themselves to have a more favourable policy. Findings on the barriers to employment of disabled people indicate that Malaysian organisations perceive the lack of related experience in managing disability issues as the most significant barrier. Other barriers, in descending order, are the lack of education on disability topics, lack of required skill and training, cost of supervision of disabled workers, attitude towards and stereotyping of disabled workers, lack of knowledge about accommodation issues, cost of training for disabled employees, and the cost of accommodation for the disabled workers. Although the Malaysian government has provided incentives to the private sector and set quota for the public sector to improve the employment rate of disabled persons, overall research findings show that disability employment and opportunities for such employment is low in Malaysia. Ganapathy (Jayasooria 2000) in 1992 identified five reasons for low hiring of disabled persons in Malaysia; first reason is the absence of a nation-wide register of job seekers among disabled persons because the Government and voluntary agencies were not well coordinated, the second reason is the prejudice existing against disabled people, the third is the poor access to public facilities, the fourth reason is the restricted location of employment more concentrated than distributed, and, the fifth reason is reluctance of employers to modify or adapt machinery and facilities for disabled workers. 2.1 CONCEPTUAL FRAMEWORK Independent variables Dependent variable Co-workers perception Companies attitudes Work performance Managements perception on the need for supervision Figure 1 INDEPENDENT VARIABLES: Co-workers perception Co-workers perception towards disabled workers either favorably or non-favorably that affect on companies attitudes in hiring them. Work performance Work performance of disabled workers such as their skills and abilities in performing their task that affect on Companies attitudes. Managements perception on the need for supervision Managements perception on the need for supervision of disabled workers after hiring them that either favorably or non-favorably. DEPENDENT VARIABLE: COMPANIES ATTITUDES Companies attitude is referring to their opinions and views and what factors that influence them in hiring persons with disabilities. CHAPTER 3 RESEARCH METHOD 3.1 Research Design For the purpose of this study, the research design will be sample survey. The research demands for information from people in five places in Kota Kinabalu which are Sembulan, Likas and Tanjung Aru. It means the administration of questionnaires will be distributed to sample of selected company. Types of approaches being used is by a questionnaire survey. 3.2 Unit of Analysis As this study will address the companies attitudes towards employment persons with disabilities, unit analysis will be the employer and employee of the selected private companies. 3.3 Sample size The sample size for the purpose of this study is 50 respondents which taken randomly in that five places of selected private companies. 3.4 Sampling Technique Five places in selected area will be selected for closer analysis of companies attitudes towards employment of persons with disabilities. The type of sampling is random sampling technique to select the sample. The sampling frame for this study was produced by a compilation of names of corporations and smaller businesses from telephone directories and from the Labour Department List. A list of organisations was tabulated and a number was assigned to each organisation. The organisations were selected using the statistical random numbers table. 3.5 Research Measurement/instrument The variables and their measurement are outlined in the following sections. Co-workers perception Co-workers perception towards disabled workers either favorably or non-favorably that affect on companies attitudes in hiring them. It is interval scale; a set of statement can be developed to assess respondents perceptions. The respondents can agree or disagree using five-point Likert scale: strongly disagree= 1, disagree=2, neutral= 3, agree=4, strongly agree=5. Work performance Work performance of disabled workers such as their skills and abilities in performing their task that affect on Companies attitudes. The respondents can agree or disagree using five-point Likert scale: strongly disagree= 1, disagree=2, neutral= 3, agree=4, strongly agree=5. Managements perception on the need for supervision Managements perception on the need for supervision of disabled workers after hiring them that either favorably or non-favorably that affect on companies attitudes. strongly disagree= 1, disagree=2, neutral= 3, agree=4, strongly agree=5. 3.6 Data collection The data for this study will be collected thorough survey questionnaire. This method was chosen because it easier to deliver and collected. 3.7 Data Analysis For this study, data analysis was done by quantitative methods where statistical analysis was conducted in descriptive of statistic. Descriptive statistics methods were used to compute frequencies, measures of central tendency such as the mean, median and the mode and dispersion such as the range, the variance and the standard deviation. The data collected from the survey questionnaire were analysed using Statistical software tool (SPSS 17.0).

Essay --

I grew up on the fairy tales of my parents’ youth. As I was listening to the amount of interesting and superb adventures they were going through, I could not understand why I was so afraid and at the same time so excited to hear about all those escapades. It is only after a while that I apprehended that technology has hindered all our outdoors activities by being introduced prior. With the new widgets we utilize to exercise, communicate from home, and communicate outside the house, we are being very sensible to the physical and mental strength we are predisposed to have. Nowadays, children of technology have a new method of exercising. These children go to the gymnasium to exercise rather than train in nature. Girls’ exercise due to the desire of maintaing their body weight and shape. As boys, they only exercise in order not to lose their muscles. As a child who was raised in this era, I can affirm that none of the children are fond of the gym; it has become a boring routine. The cause behind it is that children no longer have the time to adventure their selves in new sports due to the massive amount they spent on gadgets. Another horrible disease that killed our outdoors sports is the electronic gadgets parents purchase to their children, such as PlayStation and Wii. As confirmed in Campbell (2011) children develop weaker and are unable to perform some physical tasks due to sport technology - practicing sports in front of the television by using a remote that monitor the activity one does. Wii and PlayStation games are virtual sports amusemen t that makes children active. But these entertainments are not at accurate and offspring do not lose use their muscles as much as previous generation and therefore do not gain the strengt... ...riends. When I am out with my friends most of the times I watch my friends pop off the conversation, text, smile, then pop back in. From experience I can confirm that people are more comfortable talking with others through the net because the net blocks one’s visual. In addition, since we spent most of our time on gadgets, we do not bother writing in a correct form, in a way or another, we lose the correct writing approach. If all my era was initiated later to technology, we would be able to have more social skills, would rely less on technology be more creative when it comes to outgoing life. Now that everything has been facilitated for us, we do not use our skills to go and reach out to someone, we use one of the multiple ways of technology. We are losing the ability of thinking. We would have been more interesting and be much stronger and capable than we are.

Piracy :: essays research papers

Piracy Recently, The Toronto Star published an article entitled "RCMP seizes BBS, piracy charges pending." The RCMP have possessed all computer components belonging to the "90 North" bulletin board system in Montreal, Quebec. The board is accused of allowing people the opportunity to download (get) commercial and beta (or commercial) software versions. I feel that the RCMP should not charge people that are linked to computer piracy, because the pirated software offers valuable opportunity to programmers and users. Also, revenue lost to the large software companies is such a small amount that the effect won't be greatly felt by them and so it is not worth the policing effort required to track down the pirates. When pirates distribute the illegal software, one could say that they are helping, than hurting the software companies. By distributing the software world wide, it creates great advertisement for the software companies and their products. Although the software company is losing profits from that particular version, it could generate future sales with other versions. Also, when the pirates distribute the software this could be a great source of test data for the software companies. This is an effective way to catch any unfounded bugs in the software program. From debugging to hacking, hackers can benefit the most. They can study and learn from the advancements with in the programming. So what does all this activity tell us? This tells us the people are willing to go to great lengths to get software at a lower cost, or possibly in exchange for other software and that they are succeeding in their efforts. Although more than 50% of their software income is from other companies which do not pirate, this poses a problem for the software industries. By fining a single bulletin board out of the thousands in North America, there would be little accomplished. Not to mention the fact the it is extremely difficult to prove and convict people under the Copyright Act. In today's society, revenue from software is such a small income source for corporations such as WordPerfect Corp. These companies make their money mainly from individuals purchasing extra manuals, reference material, supplementary hardware, and calling product support. Software companies are conscious of the pirate world and the changes they have made. Some companies actually want you to take the software by using the SHAREWARE concept. In SHAREWARE one gets a chance to use demo programs and then pay for the full purchase if he feels it is worthwhile. It is a bit like test driving a car, before one buys. In most cases, users are happy and end up

A Defining Moment with Dad :: Personal Narrative Profile

A Defining Moment with Dad    My father is a gentle and polite person with an impressive career and decorated sporting background. However, he has had to endure a form of early onset dementia for well over a decade. His prime caregiver is my mother, who we believe has managed to slow my father's deterioration by keeping him mentally stimulated with a pre-arranged activity every day of the week. Of course, this strategy also cares for my mother, as it gives here peace of mind that my father has a reason to get up each day. Just as importantly, it buys her valuable personal time to do something for herself.    But each time the deterioration reveals another unexpected issue to face, my mother's determination becomes threatened, and needs it own caring. The most significant and recent issue was when my father began experiencing a mild form of alcohol abuse and associated deviant behavior. After a difficult but seemingly successful battle, my mother recognized that she needed a break. I took a week off from my life and took over the caring role at our vacation home.    Apart from wanting to help my mother, I also took on the role in the hope that my father and I could share a moment that bonded us. I would build him a wood shed that would help him with his continuing sense of responsibility to cut and store firewood. In 'true-blue' father and son style, our joint work would create a bond that opened a moment of reflection that I could treasure forever.   Well, we did occasionally work together, but dad's attention and physical ability wavered, and after a few minutes I would find him returning to his sun couch or sitting inside staring into space. Maybe there were moments where I felt a subtle bond, but I soon realized that my expectations were unrealistic.    Meanwhile, I cooked, cleaned and answered hundreds of questions such as 'where does this go', 'will I take the rubbish out' and 'when did you say you were leaving?' Each day I saw every channel of television news viewed back to back. I realized that without a reminder the same pair of underpants can be worn an infinite number of times, and that best clothes can be worn to mow the lawn and clothes covered in stains can be worn out to dinner.

Lifecycle of a Plastic Product Essay

Our life has been full with the uses of plastic in our daily life, in food and beverages to the appliances surrounding our daily life. Plastic was made from simple chains of molecules that are linked together called as Polymers. Thus, make many types of plastics are named starting with ‘Poly’ such Polyethylene, polystyrene and polypropylene. Municipal Solid Waste (MSW) – More commonly known as rubbish or garbage such as packaging products, grass clippings, furniture, clothing, bottles, food scraps, newspapers, household appliances, paint, these daily items we use then throw away, and battery. It comes from our homes, schools, hospitals, and businesses [2]. Each year, a report on the EPA Advanced Certificate Management Amendment: Facts and Figures 2013, formerly known as Municipal Solid Waste in the United States: Facts and Figures. It contains information on municipal solid waste generation, recycling, and disposal. MSW trace after 30 years, source limit reports (waste prevention) MSW and MSW tipping landfill fees for historical information, generation and demolition Additional information on the information, which has been extended to include outside the scope. The new name emphasizes the importance of sustainable content management (CM). CM refers to the use and recycling of materials in a more productive and durable manner throughout their entire lifecycle. SMM practices to conserve resources reduce waste, slow climate change, the materials we use to reduce their impact on the environment. In 2013, nearly 254 million tons of garbage, recycled and converted to US fertilizer products of 87 million tons, equivalent to 34.3 percent recycling rate was generated. On average, we recycled and 40: 40 pounds per person per day. Even from that, plastic is a very crucial part of our everyday lives, as it been used and basically can be found everywhere. Some examples of usage of plastics are in electronics and surgical instrument as plastic is lightweight, cheap and easy to build. Other than that, plastic is very useful when dealing with durability along with times, it is because plastics don’t easily be damaged by surrounding, unlike iron that can rust over time if in contact with water. Plastic also has a great impact on our today telecommunication, as the world evolves with the technology, a higher demand for internet is needed and fiber optics cable for faster communication with others is needed. The main substances used to produce fiber optic is plastic, in vehicles plastic parts is also one of the major parts needed as it used because it optimizes the power usage and makes them more efficient. The parts that used plastic in a vehicle are including seats, polycarbonate windows and interior panel. Basically, plastic has its own advantages and disadvantages that made it impossible to be ban completely as its usage in every part of daily lives. Even though, it has an important role as one of the vital resources in domestic and also industrial, because of plastics characteristics that are durable, water-resistant, lightweight and cheaper. The usage of plastic needs to supervise and handled appropriately for disposal. Not properly disposing of plastic could lead to plastic pollution due to the basic property of plastic that made it so durable and take thousands of years to decomposed [1]. The overuse of plastic and plastic pollution could give a number of effects on the environment and ecosystem. The effect to the environment is the landfills of plastic wastage due to overuse of plastic because of it cheaper and easier to be obtained. Other than that, an open burning with plastic will release dangerous chemical gasses to the air and could lead to impotence, cancer, asthma and etc. other than that, an authorized disposal of plastics to the sea or river could harm the animals live inside it. From a research, the turtles mostly die because of the plastics that they consume because turtles were mistaken plastics as jellyfish. Besides that, another effect to the animals is the entanglement of plastics to the body of turtles, dolphin and etc. that could affect the animal’s growth. There are several of ways that human can contribute to ensuring a smart usage of plastic to avoid plastic pollution. The easier ways to contribute is by shop friendly when shopping at the market to buy the needs for home, by having oneself shopping bag the usage of plastics can be reduced. Secondly, is to bring your own food container and drink bottle to reduce the usage of plastics from the packaging of your food and plastic bottle that cannot be reusable. Nonetheless, recycling is one of the vital ways that can help in reducing the usage of plastics because by recycling the plastics can be disposed of appropriately.

Financial Management Essay

assertion of pecuniary chronicle measuring rods (SFAS) no. 157 defines what is bazar shelter as understood in terms of generally accepted report principles (generally accepted explanation principles), and it also increases disclosure lookment active white set measurements. This latest Statement, effectual this 2007 is being do applicable to otherwise history pronouncements made preceding where in that location is a requirement or wages for use honorable order measurements of an accounting entities summations, liabilities and equity accounts. (Bernstein, 1993 Brigham and Houston, 2002).SFAS 157 thusly does non require any spic-and-span elegant respect measurements on the basis of the Financial be commonplaces Board having earlier determined that that plumb value is the relevant measurement assign (FASB, n. d. ). As to why the FASB needed to rationalize this SFAS, it may be recalled that before this Statement, the report profession has already been expos ed to several(predicate) comments of bonny value but totally had limited counselor for applying those definitions in GAAP (Meigs and Meigs, 1995).This is not to mention the fact that that guidance to accountants was found in many accounting pronouncements that require fair value measurements, thereby generating differences that strong enough to create practicable inconsistencies of these guidelines hence may be held reverse gear into the FASB objective of applying GAA less complex. Increased unanimity and comparability in fair value measurements and for grow disclosures approximately fair value measurements appears to be the clear objective of FASB in enacting this SFAS 157 (FASB, n. d. ).As to how this differs from other fair value pronouncements, the argued may be framed on the following points First, since the changes to current practice resulting from the act of this Statement relate to the definition of fair value, the methods used to measure fair value, and the expa nded disclosures about fair value measurements, the differences should exactly be expected to arise on said points.Specifically, the present definition of fair value under SFAS 157 preserves the permute damage notion in earlier definitions of fair value. SFAS 157 however now makes the miniature that the exchange price is the price in an orderly transaction between foodstuff participants to sell the summation or maneuver the financial obligation in the grocery store in which the reporting entity would transact for the asset or liability, that is, the principal or most discriminatory market for the asset or liability. (FASB, 2007, n. d. ).The new statement treats the transaction to sell the asset or transfer the liability as a hypothetical transaction at the measurement date, considered from the perspective of a market participant that holds the asset or owes the liability. It is therefore clear to see focus of the definition made on the price that would be received to sell the asset or paid to transfer the liability (FASB, 2007, n. d. ). much(prenominal) definition of price is of course divers(prenominal) and should be distinguished on the price that would be paid to acquire the asset or received to assume the liability.It necessitate to be emphasized also that SFAS treats fair value as a market- ground measurement, not an entity-specific measurement, hence measurement is determined based on the assumptions that market participants would use in pricing the asset or liability (FASB, 2007, n. d. ). 3. Select unrivalled public go with in the last 3 historic period that has had asset impairments and arouse a one paginate explanation of what the impairment was about and under what standard it was calculated. The keep company is selected is Standard story.Using its 2006 Annual Report, the company (Standard Register 2007b) has indeed asset impairment cyberspace Assets Held for Sale based on its notes to FS which provides In conjunction with the cl osing of the Terre Haute plant, in 2006 the caller-up recorded $1,474 of asset impairments, primarily link to equipment.The carrying value of the Terre Haute building and equipment was adjusted to its fair value less costs to sell, considering recent sales of similar properties and real landed estate valuations This paper submits that the impairment may have been calculated under SFAS zero(prenominal) 154, made effective on January 2, 2006, on Accounting Changes and Error Corrections which is a stand-in of APB Opinion No. 20 and Financial Accounting Standards Board (FASB) Statement No. 3. (Standard Register 2007a) 4. pass along the title page of SFAS 157 from the FASB or FARS site. See Next Page. 5. Submit a copy of the page of the company 10-K that indicates the impairment Bernstein, Financial Statement Analysis, IRWIN, Sydney, Australia, (1993) Brigham and Houston, rudiments of Financial Management, Thomson South-Western, US, 2002FASB, Summary of Statement No. 157 Fair Val ue Measurements, (n. d. ) http// entanglement. fasb. org/st/summary/stsum157. shtml, vane text file URL, Accessed October 7, 2007 Meigs and Meigs, Financial Accounting, McGraw-Hill, New York, USA, 1995 Standard Register, 2006 Annual Report, Form 10 K, (2007a) www document URL http//media. corporate-ir. net/media_files/irol/95/95849/2006annualreport2. pdf, Accessed October 7, 2007 Standard Register, Company Website, (2007b) www document URL, http//www. standardregister. com/, Accessed October 7, 2007

Law of Tort

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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