Value Management

Q. 1 Using your emerging knowledge of Value Management (VM), critically appraise the report and make suggestions as to how the VM study might have been run differently / more effectively. A Value Management report is the basis to a well-constructed project in the sense that all parties involved or potentially affected will be content with the final outcome. It is vital to understand and elaborate on the key aspects that determine a value management study in order to gain an agreeable conclusion. Often these guidelines are met, yet comparatively and with no due culpability, some guidelines are overseen. The causes of these significant errors are often mistakes and rarely intentional however they greatly skew the findings and lead to inevitable issues raised in the future. The Value Management Workshop Report, dated 26 November 2009, is focused on the Road and Traffic Authority’ (RTA) Mount Victoria to Lithgow Project. It incorporates many of the procedures and strategies that are set out in a report titled Total Asset Management, September 2004, which has been developed by New South Wales Government Treasury’s Office. This particular documents basis is value management guideline. In order to construct an argument as to how the Mount Victoria to Lithgow Project workshop could have been run differently and more effectively I will juxtapose these two documents. There are two main criteria that will be focused on; the stages of a Value Management and when such stages should be initiated and pre workshop planning and what it should comprise of. For a major project/program, several Value Management studies may be needed, for example at the service planning stage, the concept development stage, at the construction stage, at the operation and maintenance stage and, ultimately, at disposal’. (Value Management guideline, 2004) There is no question that the 6 major stages of a project listed above require a Value Management Plan. In this particular instance the concept development stage is the main focus of the RTA report. Concept development should include the scope of the project, what the project a ims to achieve and the general reasoning behind such a development. The general concept of this proposed project can be described as ‘light’ meaning that the reason for undertaking a public infrastructure project, estimated in excess of $275 million excluding the three phases included in the Mount Victoria section, is a little unclear. It is stated that ‘The highway upgrade work that has already been completed [on The Great Western Highway] has led to improved travel times for motorists and a safer road environment for all motorists, pedestrians and cyclists’. RTA: Mount Victoria to Lithgow Project, 26 November 2009) The New South Wales Governments plan to upgrade state roads, is therefore a green light to develop and upgrade new roads as the RTA deems fit. There is no thought or mention of rejuvenating existing infrastructure, which would be presumably economically healthier and time efficient. Although such a consideration may have become immediately redundant once ousted, there should have been ample opportunity for consi deration by all members of the workshop, which in fact there wasn’t. It is effective to conduct pre workshops programmes in a smaller group to develop issues that can be readily raised in the major Value Management workshop. Identifying issues early rather than over the two days of the workshop will give organisers and sub sequentially the members of the workshop the ability to address and answer problems with relevant facts, current data and more importantly directly. This would be a substitute of ‘ball park’ figures and broad/ assumed answers that would have been put forward if pre workshop programmes were not conducted.

Filipino Values Essay

†¢Close Kinship – a Filipino considers family as an important social structure that they must love and care. Close family ties results to the family still being intact regardless that the children are old and with families of their own. †¢Respect for Elders – the use of â€Å"po† and â€Å"opo† in conversing or addressing older people is a sign of a Filipino’s respect for the elders. Filipinos do not send their elders to nursing homes because they still value the worth and presence of the elders at home. †¢Hospitality – the Filipino community are very warm and hospitable. They even give â€Å"PASALUBONG† (WELCOME GIFTS) AND â€Å"PABAON† (FAREWELL GIFTS) TO GUESTS. AT TIMES, THEY SACRIFICE THEIR OWN COMFORT TO ACCOMMODATE THEIR GUESTS VERY WELL. †¢Strong Faith in God – their faith in God keeps them united to overcome all the problems and challenges of life. †¢Flexibility / Adaptability / Resiliency – the Filipinos have the trait to laugh at themselves and THEIR MISFORTUNES OR FAILURES. THIS IS A COPING MECHANISM TO BALANCE EMOTIONAL STRESS AND TO BOOST THE CAPACITY TO SURVIVE. THEY CAN SMILE IN MIDST OF PROBLEMS AND HARDSHIPS. THEY CAN STILL CRACK JOKES DESPITE THE STRESSES OF THEIR DAILY LIVES AND DURING CALAMITIES. THEY ARE STRONG AND CHEERFUL PEOPLE. †¢Ingenuity and Creativity – they are good inventors. They often improvise and make productive use of available resources. †¢Patience and Self-sacrifice – a remarkable quality of a Filipino is his capacity to endure difficulties and hardships. Maybe related to the long suffering they endured during the many colonization in Philippine history. They are patient enough to wait for their turn to be blessed with greener pastures as long as they do what is right and good. †¢Hard work and Industry – Filipinos are globally recognized for their excellent performance in any physical and technical tasks. Maybe visible due to the desire for economic security and advancement for one’s self and family. †¢Readiness to Share and Help – they’ re always ready to lend a hand, not only in times of need (CALAMITIES OR DISASTERS) BUT ALSO IN FESTIVE OCCASIONS (â€Å"FIESTAS†, BAPTISMS AND WEDDINGS). THE â€Å"BAYANIHAN† SPIRIT, OR GIVING HELP WITHOUT EXPECTING SOMETHING IN RETURN, OF A FILIPINO IS WIDELY ADMIRED. NEGATIVE VALUES †¢ Fairness and Justice – they always show concern for the well-being of others. They uphold the humanity of all people and regard everyone with respect and empathy. They are keen on interpersonal relationships, their primary source of security and happiness. Fairness & Justice –> Equality –> Social Justice –> Development & Progress. †¢Ã¢â‚¬Å"Ningas Kugon† – â€Å"kugon† is a kind of grass that burns easily when dry but extinguished easily as well. Like the cogon grass, Filipinos start things with great enthusiasm but at the first sign of difficulty, the enthusiasm is consumed as fast as it has ignited. †¢Colonial Mentality – Filipinos prefer foreign-made products instead of patronizing Philippine-made ones. This result to higher gains for foreign businessmen than local businessmen. Thus, it motivates Filipino businessmen to improve the quality of their products to make it more competitive against foreign ones. †¢Ã¢â‚¬Å"Mamaya Na† or â€Å"Bukas Na Lang† Habit – a poor habit, a sign of laziness, of leaving for a later time what can be done at the moment or today. Thus resulting to stacked workload to be done and then complain about it. †¢Crab Mentality – a troublesome trait evident in a Filipino where when one sees the progress of a comrade, the other becomes resentful rather than happy for the achievement. Rather than to praise, he would highlight everything negative about that person in an effort to bring him down or destroy his reputation. They would focus on other’s own faults rather their own inadequacies. †¢Ã¢â‚¬Å"Patigasan† – most Filipinos find it hard to say â€Å"I’m sorry† or â€Å"pasensya na†. Their precious pride always gets the best of them. †¢Ã¢â‚¬Å"Kanya kanya† – a trait which shows self-centeredness and lack of regard for others. There are Filipinos who give priority to what they and their families could have, rather than what they can do to share their wealth and serve others better. This trait shows poor signs of patriotism, loyalty to community, and concern for the needs of others.

Launch of the Camera Phone Essay Example | Topics and Well Written Essays - 2000 words

Launch of the Camera Phone - Essay Example Promotional activities like advertising, marketing collaterals, personal selling and promotional activities should be all done in alignment with the goals and objectives of the company. Media should be managed and used to company's benefit and sales promotions should be used to attract people to new product and create market penetration. The camera phone is a 3G Smartphone which is a superior phone with an integrated camera. It has 100 hours stand by battery time and 20 hours talk time. It has all the functions of a phone including audio video conversation, organizer, text and picture messaging. It has an MP3 player and a 5 mp camera which ensures great result of pictures and movies. It has access to internet and has word processing applications. It can store up to 1000 contacts and messages. It has an internal built in memory of 2 GB and is priced at $ 320. Marketing Analysis is done to determine how attractive and receptive the market will be for this product. (McQuarrie, 2005)It also analyses the opportunities and threats of the market that may result in strength and weaknesses of the product. The target market of this phone is upper middle class, who need functionality, style and entertainment all in one phone. In the world today there are 4.1 billion subscribers of cell phones (Sachoff, 2009) , every 1 out of 5 phones sold is a 3G phone which makes the market size of 3G phones around the globe around 0.8 billion. The market growth in 2008 was approximately 14% this year it is estimated to be 13% even after the global recession. The camera phone industry in nowhere near the decline and it still has a lot of growth potential. (Palenchar, 2009) All the major competitors in the market like Nokia, Motorola, and Sony Ericsson are showing 18% -25% of net profit so market profitability can be assessed to be around 20% for this phone. This also indicates that the buying power of the buyer allows him to buy the phone easily. The supply needed for the making of the phone is easily available, in most countries barriers to entry are very low, only in highly developed countries there are some legal implications. The camera phone had to constantly redefine itself and innovate as it may be substituted by other products. The competition is intense and rivals are working day and night to achieve a new universal selling proposition daily. (Glader, 2006) According to the current market trends a mobile phone should be able to provide basic functions of the phone that is voice conversation and text messages. (New smart phones can be a smart buy, 2006) Along side this people want their mobile phones to have cameras and mp3 players and the capability to enable video conversations. Bluetooth connectivity, organizers, e-mail facilities , instant messaging, games, radio, infrared and ability to watch streaming video and download video for, wireless modems and wireless accessories, memory cards are becoming the essential demands of customers. The makers of this phone have kept in mind the changing market trends and made sure that their phone attracts a large number of people through its functions. The distribution channel used for this of phone is shown below: The manufacturers in this market select

How might we (best) justify the freedom of speech Term Paper - 1

How might we (best) justify the freedom of speech - Term Paper Example This raises questions over the restraint of freedom of speech in protection beyond the minimal principle of liberty. In my own opinion, there exists no single justification that would be sufficient to justify freedom of speech. In this regard, therefore, I would advocate for various justifications based on consequentialist and non-consequentialist approaches. This paper seeks to illustrate various viewpoints to the justification of freedom of speech using the communicative principle (Greenawalt 3-15). The philosophical position of a consequentialist approach contributes to desirable set of circumstances and relies on the association of facts between practice and the expected results of such practice. I agree with the suggestion that the freedom of speech promotes the discovery of truth as put forward by Stuart Mill. Individuals have the capacity to distinguish true ideas from deceitful ideas in reality in the presence of free speech. Thus, people would always demonstration careful understanding in settling for truth. In this case, any claims of value and an understanding by individuals of these claims of value constitute truth. In addition, any sensible idea and level of confidence would make individuals to identify truth and conditions that promote it. By contrast, liberal states object the justification of truth discovery based on an assumption that truth does not exist. In their view, neither truth not its conditions could be identified and if it does, freedom of speech would contradict the existence of various ideas in practicing the discovery of truth (Greenawalt 16-24). Freedom of speech significantly contributes to social stability and the accommodation of competing desires and interests. This usually occurs during the process of learning where individuals discover other people’s desires. Accommodation in free speech creates a balance between conflicting interests using truth in resolving issues of concern such as capital punishment.

Why is it said that power relationship in organisations entail a Essay

Why is it said that power relationship in organisations entail a Mutual Dependency Provide examples to illustrate - Essay Example While interdependednce of the power equation began primarily in terms of socialiogy (Emerson 1962), it soon came to be very instrumental in the organizational setups across the developed world. It has now been established without doubt that power is central to organizational structure (Hall 2002). Infact several sources of power have been established within organizations (Morgan 1986). These can broadly be classified as Formal authority or legitimate power- This refers to the common concept that leaders or people in the high ladders of hierarchy have authority and compliance on the part of the subordinates is mandatory. Expert power - This is power secured by the acquiring of skills and expertise in a field, that would be required by others. This is by far the most subjective base in the power model (Podsahoff and Schriesheim. 1985) Yet all these bases of power rely on interaction of groups with each other. While the benefits and disadvantages of each of these bases are still being researched, the fact that they all involve dependency and interrelationships are clear. The concept of interdependency of power is aptly described in the works of (Emerson 1962, 1964) It is vital to have an understanding of the distribution of power along both these axes. While it is relatively easy to grasp the power concept along the vertical axis, even simply by applying the model of power bases described above, power dependency along the horizontal axes is relatively harder to visualize. This however is not a reflection of its operational value in an organization.Hence the mutual dependency pattern is observed along both these axes, more obviously in the horizontal than in the vertical, but is present in both. Several examples of the power dependencies can be observed in an organization setting and we will now go on to have a look at some of them. Power dependency along the vertical axis, egs. University structures where students are clearly lower in the hierarchy ladder, provide a good example of interdependencies along the vertical axis. To a large extent students are responsible for the functioning (both financial andoperational) of universities. While the very existence of universities is with the idea of training and teaching students, it is impossible to conceive of universities without the teaching and management staff. Hence while students depend on teachers for learning, and to that extent are under the power of the teachers, the latter also depend on students for the very running of the institution which provides their livelihoods. In terms of enterprises, a

Investment Law Essay Example | Topics and Well Written Essays - 2500 words

Investment Law - Essay Example Unit trusts and OEICs share some common benefits such as diversification, simplicity, and income and growth potential (Jorion, 2005). However, OEICs outweigh unit trusts in terms of benefits that they offer. The key area of distinction is the pricing structure of an OEIC which is more straightforward and transparent. Moreover, OEIC has a more flexible structure in that it can entail a variety of sub-funds that offer different investment objectives. Adding new sub-funds and creating share classes is not only easy in the case of an OEIC but also inexpensive (Jorion, 2005). The paper also discusses the legal structures of both the investment vehicles and concludes that unit trusts are legally more complex than OEICs. However, the tax treatment for both investments is similar. A unit trust is a fund of stock market investments divided into equal portions called units. Unit trusts are open-ended collective investments. A unit trust is open-ended because the number of units in each trust is determined according to supply and demand factors. A unit trust is collective because it pools money from many different investors which is then looked after by a professional investment manager. Unit trust funds allow units to be created when people invest and units to be cancelled when individual investors cash in their investment. The price of the unit trust reflects the value of investments in the fund, called the net asset value, plus charges calculated within the spread. Each day the total assets of the fund are valued. The total value is divided by the number of units that are issued and the unit price is set for that day. However, the administration and charges are deducted before determining the value of the investment (www.chartwell-investment.co.uk). Unit trusts are available in different dimensions such as those that concentrate across a geographical area, a specialized sector of industry, or a specific type of stock. For example, an investor can choose a fund specializing in UK companies, or one that concentrates its investments in the Far East. Unit trusts are authorized and regulated by the Financial Services Authority (FSA). Benefits Diversification - Investment in a unit trust can limit risk by spreading your investment and pooling your money with other investors to achieve a much wider investment spread. This means that you do not have all your eggs in one basket rather your investment will be diversified across a range of investment asset classes. Simplicity - Investment in a unit trust is considered simple as compared to the alternative of investing directly in a diverse selection of shares and bonds which would demand quite a lot of research otherwise. Income and Growth Potential - Designed as a medium to long term investment vehicle, unit trusts can cater to the needs of investors with varying objectives, namely, income and growth. Unit trusts are popular investment vehicles for both capital growth as well as income, however, it must be noted that these investments are subject to risk in the short-term and, therefore, are recommended for medium to long-term investment horizon. Professional Fund Management - Unit trusts are handled by professional fund managers who ensure that the fund is appropriately allocated to asset classes as per the objectives of the investors. Pricing Structure Unit trusts have a "bid/offer spread", that is the buying

Video games as a for of art Research Paper Example | Topics and Well Written Essays - 1500 words

Video games as a for of art - Research Paper Example Why are they perceived as toys and not art? They are as beautiful as the works of arts we see in museums. Art is a manmade object, which is an illustration of an individual’s (artist) emotion and ideas that engage the audience’s emotions. Videogame engage people’s emotions and they are an imaginary world created by emotion and ideas of designers. It might not be made by artists or intended to be art, but that does not make it any less than a piece of art. Videogames even have more influence to people compared to a piece of art because you are in control, you make the calls, which engage an individual more. Have you ever walked into a class and look at the teacher for the full 45 minutes without understanding anything? Well, all people have been through that moment. A school in NYC uses only videogames to educate their students. All the students are paying attention and doing everything they could because they enjoy it. They are emotionally engaged in that videogame they are playing. Videogames are made to entertain people. They entertain people by engaging their emotions and feelings. Many people cried and laughed over a videogame. There are games that need the player to think in order to solve a riddle. Videogames create an imaginary world that an individual is ruling. As a player you’re the protagonist, you’re the king, you’re everything in the game. What is a better place to stay in other than the world you are ruling? As a player, you might like a game and praise the company that made it. What individuals do not think about are the people who made them (Robinson). A game is in a different world, with new building and new creatures that we never saw in real life, but where does all of that come from? It is all the imagination of an individual who spends 12 hours a day for about 4 or 5 year that is working on a game that his name will never be put into. Designers spend years making

The Difference Between the Total Revenue Earned and Total Cost Research Paper

The Difference Between the Total Revenue Earned and Total Cost - Research Paper Example Profit maximisation can occur only when Marginal Revenue and Marginal Costs of production are equal. The SOC, on the other hand, requires that at the point of equality, the slope of MR must be lower than that of MC or rather the MR curve should be falling while MC must be rising. In case that the marginal revenue is found to be greater than the marginal cost of production, normally, it means that an additional unit’s production will reap a revenue greater than the cost incurred in producing the unit. Thus, a firm aiming at profit maximisation will start producing more units of the commodity until the amount of cost incurred is equated with the additional amount of revenue yielded. On the other hand, in case that the marginal cost is found to be higher than the marginal revenue of production, it implies that the additional cost of producing a unit of a commodity is much higher than the revenue that the commodity is reaping. In other words, the production of each additional unit leads to a loss for the firm. Hence, a firm aiming at profit maximisation will not produce beyond the limit where the marginal cost of production is higher than the marginal revenue earned by each unit’s additional production. As a concluding note, it should be said that the above result is found to hold true irrespective of the type of market that the producer is operating in. The only difference comes in the shapes of the MR and MC curves, though the first order and second order conditions stay the same. The situation being depicted is the scenario in most of the markets of the real world. The only exception is the perfect competition market where the marginal revenue curve is a horizontal straight line.

External and Internal Environments Essay Example | Topics and Well Written Essays - 1750 words - 2

External and Internal Environments - Essay Example 2. Influence of the external environment The outcome of an organization as well as the industry to which it belongs depends upon the affect of the external factors. USA is reviving slowly from the catastrophic financial distress. The financial distress wrecked havoc in all the industrial sectors. The banks and financial institutions suffered the most as well as the oil and gas industry (Stephen, 2012). This is because of the reason that the USA government provided significant amount of financial help in the form of rebates and commissions to the oil and gas companies. The financial distress reduced the financial help packages forwarded by the government to the companies by almost half. Thus it is important to analyze how the oil and gas industry adopted to the changing environmental factors. The company chosen for analysis is British Petroleum (BP). There are several factors affecting the outcome of the organization like the political, economical, social, technological, legal and env ironmental (Stigler, 2009). Among these only technological and economical factors are chosen since both these factors have the most significant influence over the outcome of the organization. ... BP has adopted several strategies to tide over the various environmental concerns. To improve the technological efficiency BP concentrated on the rapid improvement of the three most basic and important part of the whole operations. One is achieving operational excellence in the upstream activities, the second one is achieving operational excellence in the downstream operations and the third one is improvising the distribution system (Subramanyam, 2002). The improvement in the above three areas increased the generation of revenue by as much as 10% over the last ten years. The economical conditions are different across different countries from where BP operates. BP adopted the strategy of netting the transactions. Netting helps to bring balance in the overall transactions. Due to different economical conditions of the countries, transactional imbalance sets in. The transactional imbalance is nullified with the help of netting. Over the last couples of decades BO has formed strategic pa rtnerships with several small and medium oil and gas companies (Subramanyam, 2006). Other than that it has performed several mergers and acquisitions. These strategic partnerships and mergers and acquisitions have helped the company counteract the ups and downs of the economy across several countries. 4. Ways in which the company address the forces BP has a dedicated team of experts comprising of technicians, engineers, scientists and field specialists spread across different operational base. These teams of experts usually work far away from the actual operational site. Due the need to innovate and improve the present technologies, BP is contemplating to form dedicated research teams for each operational bases. This way the work load will get distributed (Teoh, 2003). As it is

Taxation in UK Essay Example | Topics and Well Written Essays - 3000 words

Taxation in UK - Essay Example The paper tells that the Largest source of revenue collection for government is income tax. Everyone in the country has an income tax personal allowance below which he does not have to pay tax in a particular tax year. For people aging below 65 years have a tax allowance of  £6,475 in 2010-11. However, in June 2010, this figure has been increased by  £1,000 by the Chancellor therefore the tax personal allowance is  £7,475. If anyone has an income below the income tax personal allowance, he is not supposed to pay any tax however if the earnings of an individual is above the tax allowance then he is supposed to pay according to his earnings above this level. There are different tax bands and every tax band has a different tax rate. Corporation tax refers to the tax on the profits made by the organizations in United Kingdom along with profits made by permanent establishments of companies owned by non-UK residents as well as associations trading in European Union. Collection of cor porate tax is the fourth largest source of revenue collection of government. Before April 1965, both the corporate tax rate and individual tax rate were charged at the same rate though corporations were supposed to pay an additional profit tax. However, with the passage of time, there have been several changes to the corporate tax and since 1997, the laws have modified several times and now the tax rates of corporations and individuals have changed. (Tax Law Rewrite). Calendar year is a period of 12 months beginning from the starting of January and ending on 31st December whereas on the other hand, fiscal year is a period of 12 consecutive months ending on last day of any month except December (Tax Years). In United Kingdom, government financial year is a period of twelve months from April 1 to March 31. Corporations are allowed to adopt any year for their accounting purpose however any changes in the tax rate, the tax is charged on the basis of government’s financial year (I ntroduction to Corporation Tax). Taxable and Tax Rate An individual earns income from different sources. Some of these sources are taxable whereas some income is tax deductable. Some of the sources from where an individual earns is salary, profit from any business, rent income, dividend income, income on loan or any security including bonds etc. On the other hand, the income of corporations is the profits. Taxable bands and tax rate for the year 2011 – 2012 is as follows: Taxable income Rate of tax 0 - ?2,560 10 per cent (starting rate for savings  only) 0 - ?35,000 20 per cent (basic rate) ?35,001 - ?150,000 40 per cent (higher rate) Over ?150,000 50 per cent (additional rate) (Source: Income tax rates) Relevant Tax period Tax period is the period of 12 months in which the individual earns income from different sources and if all these sources accumulate to more than personal tax allowance then he is supposed to pay tax. importance of direct and indirect taxes Direct and i ndirect taxes are very important for every government as tax collection is one of the main sources of the government to collect revenues. Direct tax is defined as the tax that an individual pays directly to the government and this kind of tax is directly imposed on the individual or the organization by the government. On the other hand, indirect tax can have different forms like sales tax, value added tax (VAT), or goods or service tax (GST) and indirect tax is collected by another party or an intermediary. The intermediary initially takes the burden of this kind of tax and afterwards takes the amount of tax from the government by filling a tax return, therefore the tax is paid eventually to the government through another party. Therefore, indirect tax is indirectly collected by the government but with the involvement of an intermediary. Differences between Direct Tax and Indirect Tax Direct Tax Direct

Sales Management Essay Example for Free

Sales Management Essay In order to find a solution to his situation, Evans and those suffering from similar problems have to explore the factors that depress their sales. Diagnosing weaknesses in sales performance is the first stage in improving the level of sales. Sales management is about achieving specified goals. The main aim is to raise sales volume through with the use of certain techniques and methods. Evans, on the contrary, seems preoccupied with achieving goals on his own personal agenda, with little interest in the company’s prospects or his own sales record. Therefore, in order to increase his aptitude as a salesperson, Evans needs to make it a priority. Individuals all come to the workplace for the purpose of achieving their personal goals, something a good boss will always recognize. However, when these goals are incompatible with the goals of the company, the organization should either part with the employee or force him or her to reconsider those goals and their relative importance as compared to the working experience. Evans seems preoccupied with asserting his superiority over people he is selling to. He may be so much impressed with his past record as a technician if there was any that he is willing to compromise the opportunity to sell an item for the pleasure of confirming his superior knowledge. Alternatively, he may be longing for a career of a farmer deep inside and thus wants to see many times more that he is no less knowledgeable than his clients that actually use the machines. While the above is a matter for detailed psychoanalysis, Evans must in the first place find a solution to his problem. To make it happen, he must first of all recognize that there is a problem and establish a list of priorities. The first thing is to question oneself what is more important: being a good salesman or finding additional proof of one’s technical expertise? If good sales skills are a priority, then Evans has to question himself: what are the qualities he is missing in order to improve his sales skills? It is the ability to build rapport with the customer? Or aptitude to convert this good relationship into sales numbers? If he answers â€Å"yes† to the first question, he may then probe further into understanding what exactly alienates his clients about his behavior. As a way to overcome the harmful trend, Evans can be put in a situation where he relives the whole incident, viewing it from the opposite side – that of the client. Thus, the company may pay a salesman to approach Evans with a proposition of purchasing some technological gadget. As the conversation develops, the fake salesman demonstrates that his understanding of the offered technology is way above that of Evans. Evans will have a chance to try out his reaction to this kind of behavior in salespeople – see whether he will be willing to purchase the item or not.   Most likely, being a competitively minded individual, Evans will be hurt to find out that someone with comparable background is more knowledgeable in the field than he is. As a result, he will have a chance to reassess his own line of behavior towards his customers. As another way to combat the harmful tendency, Evans can get a chance to assert his superiority in a way that will corroborate his expertise once and forever and release him of the need to compete with each prospective client he needs. To do this, he may need more interaction with qualified technicians so that he could impress them with his knowledge. The company in which Evans works can organize a competition on technical expertise among salespeople in which Evans would undoubtedly be the winner. He can then carry this title to publicize it to the farmers: the qualification would impress the farmers and make them think that they are indeed talking to an expert, while Evans will not be forced to assert his knowledge every time. In fact, he may simply need to find more qualified people than farmers to discuss technological side of his profession with. For this purpose he can visit various exhibitions and technological fairs and talk to professionals there. Evans can come up with new suggestions to make modifications of the current models, suggestions that can be useful since they are advanced by someone close to the actual users of agricultural machinery. If Evans shifts his focus from self-assertion to finding out about the needs of the farmers, he can score points with them and improve his relationships with prospective buyers of his product. However, getting rid of personal problems that inspire Evans to turn his sales process into a contest is only the first step. The second step is to learn the intricacies of results-oriented sales management. Evans has to realize that in his work his main ambition should be to provide an efficient interface between the company and its customers and to reveal to them the opportunities opened up by new agricultural machinery. If he chooses to make his approach to sales more customer-oriented, Evans can boost both his personal and corporate results. To produce better results, Evans should try to downplay his weaknesses as a salesman and build on his potential strengths. Building on one’s unique strengths will give Evans the desired competitive advantage. Expertise and thorough understanding of the equipment he is selling may be one such strength. Evans has to learn to exploit this strength by turning it into an asset. For instance, he may stress that with his vast knowledge, he may be more helpful than other salespeople in preparing the farmer for the efficient use of the machinery, pointing out its minute details and revealing ways to extend the working life of the equipment. Besides, with his vast knowledge, Evans is the one to select the most suitable piece of machinery to perform the necessary task. He should also pay attention to his weakness that seems to lie in the inability to build a long-lasting relationship with consumers. The value of mutually beneficial relationships cannot be overrated in today’s business environment. This is especially true for markets like that for agricultural machinery, where a restricted number of customers make repeated purchases, with the cost of each being rather sizeable. Salespeople are at the forefront of the company and are directly responsible for generating long-standing seller-buyer relationships that will provide benefits to both sides. In their role as boundary spanners, salespeople are â€Å"the business-to-business marketers primary source of communication with customers† (Shwepker 2003). Aiming to build long-lasting relationships with customers, Evans will improve his sales orientation that will over the long term reflect in increases in his sales volume. To improve his sales orientation, Evans should be more interested in the potential customer. He needs to demonstrate his interest in the customer needs and success through asking questions related to the farmer’s business. So far Evans’s primary focus has been himself and his knowledge. Shifting the balance towards the customer, his or her business and personality can improve the relationship dramatically. Only then will Evans be able to convince the customer that he is genuinely looking for a good match between the customer and the product. Sales orientation is not only about building wonderful relationships; it should include the ability to convert these relationships into sales numbers. Thus, Evans should understand that he is in this business for selling, and the consumer is of primary interest to him as a potential buyer of his agricultural machinery. Everything that can discourage the decision to buy is taboo. On the contrary, every ethical way to induce such a decision is welcome. This rule obviously excludes contests aimed at humiliating the consumer through pointing out deficiency in his or her knowledge. Although raising some ethical issues, Evans can try to capitalize on his past mistakes by offering to repeat the contest to knowledgeable farmers who previously lost to him. If he succeeds in making them believe they won this time, this exhilaration can spur them on to buy his machinery this time. Overall, Evans needs to discard or solve his personal problems that motivate him to see a customer as a potential competitor on knowledge rather than a potential buyer. Making boost in sales numbers a priority, he will be able to improve his performance. To do this, he needs to turn his superior knowledge from a liability into an asset. Bibliography Schwepker, Charles H., Jr. â€Å"Customer-oriented selling: a review, extension, and directions for future research.† Journal of Personal Selling Sales Management (March 22, 2003).

Impact of Cane Toad Introduction Into Australian Habitat

Impact of Cane Toad Introduction Into Australian Habitat Biology Issue Report: The impact of the introduction of Cane toads into the Australian habitat. Cane toads (Rhinella Marina) were introduced to north-eastern Australia in 1935 in an attempt to control the sugar cane pests damaging the crops of farmers. Cane toads are large toads native to Central and South America. They are voracious predators, eating a diet consisting mainly of arthropods. The main habitat of cane toads was originally thought to be humid, tropical conditions, however it is now thought that they are able to tolerate a much broader range of environments and climates. This has enabled them to quickly thrive in north-eastern Australia. The numbers of cane toads in Australia have increased rapidly since their introduction into the environment and many people are concerned about the threat that they may pose to the native wildlife of Australia. The aim of this report is to examine the nature of the threat to the native wildlife and to explore whether their numbers can be reduced. The spread of cane toads The increasing numbers of cane toads in Australia has led to concern in both the scientific community and amongst the general public about the threat that they pose to Australian ecosystems. The spread of cane toads in north-eastern Australia has occurred at an unprecedented rate however it is difficult to accurately determine the true extent of the species’ dispersal due to the inherent margin of error that exists when attempting to conduct a species census (Shine 2010). In 2010 Jane Elith and her colleagues used the case of the cane toads to explore whether there is an accurate method by which the future distribution of invasive species can be determined, taking into account the shifting range of many invasive species (Elith, et al. 2010). They concluded that an ecophysiological model is the most accurate way to predict the future extent of the spread of an invasive species such as cane toads (Elith et al.2010). This model considers both the species’ characteristics a nd the environment into which it is expanding when determining their possible future spread. This highlights one difficulty with the current suggestions regarding the rate at which cane toads are spreading in Australia. It has been estimated by some researchers that cane toads are spreading at a rate of 5-6km a year in northern Australia; however it can be argued that these suggestions do not take into account the changing climates into which the toads are spreading. Whilst some habitats, such as tropical climates are particularly suited to the cane toads, others, for example dry habitats, are more challenging environments for cane toads. Therefore their spread into different habitats may be more uneven than predicted. Implications of the spread of cane toads Environmental Implications The diet of cane toads consists predominately of invertebrate species, particularly ants, termites and beetles. This has led some to question whether the introduction of cane toads into the Australian habitat may have a damaging effect on the populations of such invertebrates. In 2006 M.J Greenlees and his colleagues carried out experiments to explore the effect that the presence of cane toads in small enclosures had upon native invertebrates (Greenlees et al. 2006). In their experiment they introduced large and small cane toads and the equivalent biomass of native frogs to different controlled enclosures and used pitfall traps to measure the number of invertebrates found in the enclosure after the introduction of both cane toads and native frogs. The results of their experiment suggested that the numbers of invertebrates in the enclosures of both the cane toads and the native frogs decreased by a similar amount, and they concluded that the cane toads had a similar effect to native f rogs on the numbers of invertebrates. This result is displayed in Figure 1.3 which shows that the richness and abundance of invertebrates in both the cane toad’s enclosures and the Cyclorana and Litoria native frogs’ enclosures was of a similar level (Greenlees et al. 2006). This experiment provides some evidence that the perceived threat of cane toads to the Australian native species may not be as great as previously feared. The most serious threat posed by cane toads to the native species of Australia can be argued to come from the possibility of lethal toxic ingestion of cane toad poison by predators. Cane toads are poisonous, to varying degrees, throughout their lifecycle and bufonid poisons are particularly dangerous to some of Australia’s native animals. Previous to the introduction of the cane toad, many native Australian species had no evolutionary exposure to bufonid poisons, and therefore no immunity to them. Many of Australia’s native predators prey on anurans and have not yet learned to distinguish between native frogs and cane toads. When mouthed or ingested the toads secrete a toxin from their shoulder glands which can prove lethal to many predators. There have been many anecdotal reports in Australia about the deaths of predators such as freshwater crocodiles, northern quolls, goannas and northern death adders, due to the ingestion of cane toad poison. These anecdotal reports are hard to quantify however and cannot be used to provide reliable evidence for the effects of cane toads on large predators. The northern quoll (Dasyurus hallucatus) is a marsupial carnivore, native to Australia, and found predominately in western and northern Australia. The northern quoll is a predatory species that is particularly threatened by the invasion of cane toads into their habitat. Under the Environment Protection and Biodiversity Conservation Act 1999 the northern quoll is listed as an endangered species and this is the result of the local population extinctions that have occurred as a result of the lethal toxic ingestion of cane toads by this species. Radio tracking of quolls in various studies has shown that the presence of even a few cane toads in the habitat of quolls can decrease the population of quolls in these areas. Without intervention the spread of cane toads could result in the extinction of one of Australia’s smallest mammalian predators. Social Implications Cane toads are disliked by many people because of the perceived threat that they pose to the native wildlife of Australia. This threat has been featured in numerous news reports such as the article in Figure 1.4 and has led to growing concern amongst the general public about the threat that cane toads may pose to humans. In order for cane toad venom to have an effect on humans it needs to be absorbed through the mucous membranes of the mouth, nose or eyes. Cane toad venom is a bufotoxin which contains cardiac glycosides. Cardiac glycosides are compounds which contain the sugar glycoside which has an effect on the force of the cardiac muscle’s contraction (Cohen et al. 2003). When absorbed into the human body the toxin can also cause gastrointestinal problems. Cane toad poisoning has led to the death of some people and because of this many Australians feel threatened by the spread of cane toads into their community. This dislike of cane toads has made community toad-culling eve nts popular amongst the general public. The Australian government has also introduced leaflets aimed at raising awareness about the dangers of cane toads and how to protect families against them (Department of Environment and Conservation, n.d). Can the spread of cane toads be halted? The Australian government has concluded that any attempts to cull cane toads on a large scale would be unfeasible and that there is no prospect for national eradication of cane toads in Australia (Department of Sustainability, Environment, Water, Population and Communities, 2011). The Australian government has turned its focus away from preventing the spread of cane toads, and towards the protection of endangered species such as the northern quoll. One program, called the Territory Wildlife Park introduced a captive breeding and research program in 2006 to prevent the species’ extinction (Territory Wildlife Park, n.d). The program has also introduced a project to train their captive quolls to avoid cane toads (O’Donnell et al. 2010). After training the quolls to avoid cane toads through aversion therapy, the ‘toad-smart’ quolls and some ‘toad-naà ¯ve’ quolls were released into the wild wearing radio collars. The survival rates of both types of quoll can be seen in figure 1.6. This table shows that the male and female toad-smart quolls had a much greater mean survival time in the wild, it also suggests that females are less likely to be poisoned by toad ingestion. Male quolls appear to attempt to ingest the toads more fr equently with 7 toad related deaths accumulatively in the males, and the toad-naà ¯ve male quolls had the biggest proportion of toad-related deaths at 5 deaths. Figure 1.7 shows that the toad-smart quolls had a greater daily survival percentage than the toad-naà ¯ve quolls and this provides evidence to support the argument that it is better to invest time and money in projects that aim to help native wildlife live alongside cane toads than to try to eradicate the toads completely. The most recent research on methods that could be used to halt the spread of cane toads has focussed on whether there is a way to prevent the toads reaching specific areas during arid seasons. In 2015 Mike Letnic and his colleagues identified ‘invasion hubs’, areas that cane toads initially colonise and then use as a base from which to expand their population (Letnic et al. 2015). They hypothesised that if the access of cane toads to areas like this was restricted, then they would be unable to establish a successful population in previously unpopulated areas. To test their hypothesis the researchers maintained toad-proof fences around dams where toads had previously been eradicated. They then measured the numbers of dead toads around the fences in both dry and wet seasons and observed the numbers of live toads in the area. The results of their study were encouraging and suggested that toads are attracted to these ‘invasion hubs’ and when their access to thes e is denied their mortality rate rises and population numbers decrease (Letnic et al. 2015). This study is particularly important because it highlights a method that could be used to prevent the invasion of cane toads in areas of particular ecological interest. Review of sources The first source I will review is the paper ‘Effects of an invasive anuran [the cane toad (Bufo marinus)] on the invertebrate fauna of a tropical Australian floodplain’ by M.J. Greenlees et al (2006). This research aims to provide quantitative data exploring the effect that invading cane toads are having upon the native invertebrates of Australia. The authors highlight the fact that the effect of cane toads upon the native ecosystems is poorly understood due to a lack of experimental data. In the light of this they conducted a simple experimental trial that produced data that could be analysed to provide an indication of the ecological effects of this invasive species. The researchers used simple methods such as controlled enclosures and pitfall traps to conduct their experiment. Whilst it can be argued that the controlled enclosures used in this experiment will not accurately reflect the true ecology of natural habitats, the researchers acknowledge this in their paper a nd suggest that their experiment be viewed as the first step towards more detailed research. I found this experiment to be thorough in their control of variables and in their analysis of the results. I believe that because the researchers are from the University of Sydney, a well-respected institution, their experiment can be viewed as trustworthy and their results credible. The second source I will review is the website http://www.canetoadsinoz.com/invasion.html (Cane toads in Oz, 2011). This website was created by Richard Shine and his ‘TEAM BUFO’. Shine is a Professor of Biology at Sydney University and is one of the key scientific figures in the field of cane toad research. The website created by Shine and his team examines all aspects of cane toads and their threat to Australia’s native wildlife. Whilst the website is undoubtedly more informal than a scientific paper, it can still be used as a comprehensive tool with which to gain more information about cane toads. It can be argued that websites such as this are more effective at engaging the public and informing them of environmental issues because, in comparison to scientific papers, the easily accessible website is more likely to be read and used as a source of information by the public. Conclusion The spread of cane toads in Australia is an issue that has concerned many people. The scientific research surrounding this issue is particularly interesting because it gives an insight into how the true reality of a threat from an invasive species may be very different from the original perceived threat. Cane toad poison has undoubtedly had a lethal effect on native predators, causing some to become endangered. However not all species appear to have populations detrimentally effected by the presence of the toads. This shows the extent to which natural selection and adaptation allows organisms to cope with environmental threats. Populations may decrease, but they also increase if natural selection allows a species to recover. The spread of cane toads in Australia is now too great to prevent and so scientists are experimenting with methods that allow Australian ecosystems and native species to be conserved and protected alongside the presence of cane toads. These early studies are beginning to provide positive results that suggest that whilst the spread of cane toads may be lethal to some species, a focus on conservation may limit the danger and help to preserve the unique species living in the Australian ecosystem. BIBLIOGRAPHY Cane Toads in Oz, 2011. Available from: http://www.canetoadsinoz.com/invasion.html. [26 February 2015] Cohen, R.A., Gowda, R.M., Khan, A. ‘Toad venom poisoning: resemblance to digoxin toxicity and therapeutic implications’, Heart, 89:4 (2003): e:14 Department of Environment and Conservation, Protecting children and pets from cane toads, Government of Australia. Available from: http://archive.agric.wa.gov.au/objtwr/imported_assets/content/pw/vp/toad/cane_toads_protect.pdf. [26 February 2015] Department of Sustainability, Environment, Water, Population and Communities, 2011. Threat abatement plan for the biological effects, including lethal toxic ingestion, caused by cane toads, Government of Australia. Available from: http://www.environment.gov.au/system/files/resources/2dab3eb9-8b44-45e5-b249-651096ce31f4/files/tap-cane-toads.pdf. [26 February 2015] Elith, J., Kearney, M. and Phillips, S., ‘The art of modelling range-shifting species.’, Methods in Ecology and Evolution, 1(2010): 330–342. Greenlees, M. J., Brown, G. P., Webb, J. K., Phillips, B. L. and Shine, R. ‘Effects of an invasive anuran [the cane toad (Bufo marinus)] on the invertebrate fauna of a tropical Australian floodplain.’, Animal Conservation, 9 (2006): 431–438 Letnic, M., Webb, J. K., Jessop, T. S., Dempster, T. (2015), ‘Restricting access to invasion hubs enables sustained control of an invasive vertebrate’. Journal of Applied Ecology. doi:10.1111/1365-2664.12390 O’Donnell, S., Webb, J.K., Shine, R. ‘Conditioned taste aversion enhances the survival of an endangered predator imperilled by a toxic invader’, Journal of Applied Ecology, 47 (2010): 558-565 Shine, R. ‘The Ecological Impact of Invasive Cane Toads (Bufo Marinus) in Australia’, The Quarterly Review of Biology,85:3, (2010): 253-291 Territory Wildlife Park. Available from: http://www.territorywildlifepark.com.au/about/quoll.shtml. [26 February 2015] Word Count: 2402

Analysis of Public Health Budgetary Construction

Analysis of Public Health Budgetary Construction Andrea Andersen, Brett Weed, Ashini Fernando, Carolyn Moore,  Laura Schultz and David Garcia Introduction The public health system is comprised of complex layers of federal, state and local powers that come together to address the needs of many. The programs, organizations and clinics that serve these needs require support at all levels and are often subject to inadequate and unpredictable funding, varied infrastructure and shifting priorities. These factors require a combination of greater cohesiveness across all levels and a higher creativity in allocation of funding. We propose a Community Health Improvement Plan (CHIP) plan that will support evidence-based population health solutions by allocating resources to specific needs and better reaching those in every sect of the population. Nature of Public Health Funding Federal funding to state and local public health departments takes a number of different forms. As pointed out in Ogden et al, the average state public health agency receives 49% of its funding for federal grants, contracts, and cooperative agreements. This is much higher than the 25% of total expenditures supported by federal grants, making public health uniquely subject to federal sway (Ogden, 2012). The two major federal funding streams can be classified as those which are statutorily mandated, and those, which are derived from discretionary funds (Ogden, Sellers, Sammartino, Buehler Bernet, 2007; Ogden, 2012).Mandatory funding supports health service delivery programs, such as Medicare and Medicaid and represent 88% of the budget of the US Department of Health and Human Services (Ogden et al, 2007). This route serves to ensure that medical care is available across the country, and to some extent independent of the fiscal health of the state or local authority and their ability to fund care. Discretionary funding on the other hand, is awarded by the choosing of the federal agency (within the confines of congressional budget authorizations) and can either be formula-driven or competitive. Among the mechanisms for disbursing discretionary funds are cooperative agreements, grants, contracts, and partnership agreements. Some federal funds are awarded to states and localities for the express purpose of further distribution to smaller subunits of governments or charitable or private contractors (US Department of Health and Human Services [HHS], n.d.). These awards can further the program or policy objectives of the issuing agency by promoting adjustments in state and local programs to match funding opportunities (Ogden, 2012). Inefficiencies and Risks in Current Funding Models The current system of funding public health care in the United States is unsustainable because of major systemic fiscal problems. These issues include but are not limited to lack of accounting uniformity and transparency, along with a disproportionate appropriation of funds for medical interventions versus social determinants of health. AsTeutsch et al. points out, medical interventions shape only 10-20% of health outcomes but account for 97% of health spending (Teutsch et al., 2012).). A study of health spending in Florida for the years 2005-2006 as dedicated to each essential public health service found that 69% of the aggregate budget was allocated to access and delivery of health care (Turnock 2012). Although this percentage may vary some across states, it is not uncommon for immediate services like number of health care facilities in a certain area, or treatment given to be primary concerns. Inadequacy of Taxation as a Fiscal Solution It may appear that there is an obvious case for a tax to appropriate more funds to social determinants.Taxation strategies can range from charges on consumer products to health care related fees and can have negative consequences ranging from economic unrest to increased insurance costs. The medical device excise tax for example, originally passed as a part of the Affordable Care Act was intended to generate funds to help offset the cost of providing health insurance subsidies (Lee, 2014). Over its first two quarters in effect, however, it has brought in less than anticipated and is also squarely in the crosshairs of the upcoming Congress to repeal (Schouten, 2014). These changes emphasize the gaps in current strategies and the need for increased change.   Unpredictability in Current Funding Structures The variability that exists in funding services as well as actual care given from place to place throughout the country leads to a greater need for balanced administration and infrastructure. In a 2011 report the federal funding spent on both prevention and general health improvement in communities ranged from $14.20 per capita in Ohio to $51.98 in Alaska and state funding exhibited an even greater gap with $3.45 allocated to each Nevadan and almost $155.00 to each Hawaiian (The Fund for America’s Health [TFAH], 2012). Rural and urban areas also differ in their needs and in a recent report highlighting this coming years health allocations, cuts are being made to the workforce pipeline in these and other disadvantaged areas (Parker, 2014). There needs to be greater transparency in how money is used within departments, especially when states are running on extremely tight budgets. Reduced funding can cause the transfer of prevention funds to other areas, such as administration, that is not as population-based and can, in turn, lead to poorer health outcomes in the long run. Federal Role in State and Local Health Funding The federal government supplies states with much needed stimulus that adds to the general health services provided and the overall workforce that delivers them. This greater influx of money also gives communities the flexibility to target special problems and needs and develop programs that are specific to individual population features. In addition it guarantees that there is a minimum level of care provided in any given area and a certain level of continuity among the services available. Federal backing also increases the propensity for collaboration among different sects both at the national and local level (Ogden, 2012). Overall, most states don’t have the financial means to implement public health initiatives independently and knowing that greater funds can bring both greater health outcomes and economic stability to their populations is always a positive force. Consequences of Inadequate or Inefficient Funding The risks of insufficient funding and misallocated resources are many and have the greatest influence on individuals that rely solely on public assistance for their health care. Cuts in services greatly reduce the scope and quality of care that individuals receive and when funds are misallocated, confidence is highly reduced in the quality of care. Further, the productivity of programs can greatly suffer from lacking funds and the number of individuals that can be served is also greatly reduced. Reduction of services in general can lead to sicker and less productive people and communities, and this also increases the overall bottom line in health care spending. The greatest concern within this system is a lack of guaranteed support and with varying amounts from year to year a higher burden is a significant risk in rural areas where both infrastructure and community resources are already scarce (Ogden et al., 2007). Generally, these areas do get higher funding per capita, but state health departments still find it difficult to balance both the priorities of small, often sicker populations with the communities and resources needed statewide. This is especially true when more money does not necessarily translate to better outcomes. In addition, it is problematic for local health departments to both plan for the future and provide the new programs necessary to combat the most prominent chronic conditions Institute of Medicine [IOM], 2013). The dedication to treatment and prevention must always be balanced with the assessment, policy development and assurance, which are also costly and a requirement of further funding (IOM, 2013). The various le vels of government also make it difficult to have both cohesive goals and policies that will reach those they are intended to, and as Ogden mentions, this type of American federalism makes for constantly shifting priorities by the powers that be (Ogden, 2012). Therefore, both the effectiveness and efficiency of such efforts can suffer and leave last year’s needs unresolved if something more pressing comes up. This can sometimes lead to â€Å"piecemeal healthcare† and an understating of preventive services. But, while funding is a large issue, there are several other key changes that must be made to the public health system in order for it to function properly and best serve the individuals that utilize it. Conceptualizing a New Funding Strategy To address the systemic risks of the current construction of public health funding streams, we propose a redesign that emphasizes transparency and strategic planning. As discussed above, a variety of factors from changing political landscapes to disparate funding formulas create disparities in public health funding among state and local peers. Allocating funding based on empirically proven health needs rather than arbitrary policy preferences will allow agencies to direct funding to the most significant challenges to the community’s health. Similar to the planning necessary prior to the development of a new initiative, a comprehensive needs assessment of the population should be performed (Brownson, Baker, Leet, Gillespie, True, 2003). We propose realigning federal funding of states and state funding of local units to the priorities identified in a CHIP. A CHIP will identify the most critical priorities for a community, which would presumably also be the priorities for funding support (National Association of City and County Health Officials [NACCHO], 2014). Further, as CHIPs require stakeholder cooperation and input (Minnesota Department of Health [MDH], n.d.), they naturally promote transparency and public participation in budget allocation. Lastly, this model permits flexibility to address each community’s unique needs, rather than fixed priorities dictated by others. For example, one community may emphasize spending on injury prevention while another may find it needs to invest most heavily in infectious dis ease control. This allows localities to seek the greatest return on investment in the public health space according to its needs. After the community’s specific CHIP-based plan has been implemented, quantifiable performance measures will disclose health improvement data to administrators, business and nonprofit partners, and community stakeholders. This data will emphasize â€Å"best practice† models for future decision-making (Turnock 2012, pp 242-3). In order to share economic impact data, The Centers for Disease Control and Prevention lists models of economic analysis to quantify the budgetary impact of public health interventions. The â€Å"economic evaluation† model allows for the comparison of more than one identified intervention derived from the CHIP analysis. This tool provides cost effectiveness and cost benefit information which will be critical for assessing budgetary feasibility and future public health program implementation. In the quest for trans parency, accuracy and concision, it would be worth investigating the cost of health economist consultation in preparing this analysis (CDC.gov). Conclusion Despite the extensive discussion of the futility of improving public health funding, significant opportunities do exist to improve the efficiency of spending to achieve better health outcomes for the same dollar figure. We have proposed a system that aligns efforts to critically assess public health program management with funding allocation. We believe this model would improve community buy-in, enhance transparency, and most importantly, advance population health indicators. References Brownson, R., Baker, E., Leet, T., Gillespie, K., True, W. (2010). The need for evidence based public health. InEvidence-based pubic health(2nd ed.). Oxford, England: Oxford University Press. Institute of Medicine. (2012). Funding sources and Structures to Build Public Health. InFor the publics health investing in a healthier future(pp. 101-126). Washington, D.C.: National Academies Press. Investing in Americas Health. (2012, March 1). Retrieved from http://healthyamericans.org/report/94/. Lee, M. (2014, November 21). Has the medical device tax shipped jobs overseas and stunted innovation? Retrieved from http://www.washingtonpost.com/blogs/fact-checker/wp/2014/11/21/has-the-medical-device-tax-shipped-jobs-overseas-and-stunted-innovation/. Medical Device Excise Tax: Frequently Asked Questions. (2014, February 3). Retrieved from http://www.irs.gov/uac/Medical-Device-Excise-Tax:-Frequently-Asked-Questions. Minnesota Department of Health. (n.d.). Retrieved from http://www.health.state.mn.us/divs/opi/pm/lphap/chip/. National Association of City and County Health Officials (NACCHO). (2014). Accreditation Prerequisite: Community Health Improvement Plan. Retrieved from http://www.naccho.org/topics/infrastructure/accreditation/chip.cfmhttp://www.naccho.org/topics/infrastructure/accreditation/chip.cfm. Ogden L., Sellers K., Sammartino C., Buehler J. Bernet P. (2007). Funding Formulas for Public Health Allocation: Federal and State Strategies. Journal of Public Health Management Practice. 13(2): 309-316. Ogden, L. (2012). How Federalism Shapes Public Health Financing, Policy, and Program Options.Journal of Public Health Management and Practice,18(4), 317-322. Parker, C. (2014, January 1). 2015 budget proposal leaves gaps in public health funding: Programs face cuts. Retrieved from http://thenationshealth.aphapublications.org/content/44/4/1.2.full. Schouten, F. (2014, November 14). Device industry poised for gains in new Congress. Retrieved from http://www.usatoday.com/story/news/nation/2014/11/14/lobbying-medical-device-tax-repeal-mitch-mcconnell/18988427/. Teutsch, S., Baciu, A., Mays, G., Getzen, T., Hansen, M., Geller, A. (2012). Wiser Investment for a Healthier Future.Journal of Public Health Management and Practice,18(4), 295-298. Turnock, B. (2012).Public health: What it is and how it works(5th ed.). Burlington, MA: Jones Bartlett. US Department of Health and Human Services (HHS) (n.d). FAQs: What kinds of grants are available from the federal government? Retrieved fromhttp://www.hhs.gov/answers/contracts-grants/grants/kind-grants-available.html.h.

Prejudice in Steinbecks Of Mice and Men Essay examples -- essays rese

â€Å"Prejudice is a great time saver. You can form opinions without having to get the facts.† This quote, once said by E. B. White, excellently states what the novel, Of Mice and Men, is trying to clearly state. Of Mice and Men is a profound novel that has many things to teach society. This novel, written by John Steinbeck, reflects many flaws in the world today. It mirrors many of the characteristics that every human possesses. Prejudice is still a common way of thinking in today’s society, and to the people who feel victimized, it can be hard to overcome. Curley’s wife, Lennie, and Crooks all deal with prejudice against themselves different ways. Curley’s wife is what we in modern day might call a â€Å"tease†, but there is more to her than just looks. The ranch workers do say thinks like, â€Å"well, I think Curley’s married†¦ a tart,† (28). Curley’s wife, who never is given a name, is criticized before she has spoken one word. She is considered â€Å"promiscuous† right off the bat. Although, she is not, the workers on the ranch tend to think that she is attempting to flirt with them. They claim that â€Å"She got the eye†¦ I seen her give Slim the eye.† Curley’s wife only acts this way because she trying to fix the void between her and Curley with someone else. Part of the distance between Curley’s wife and Curley is that his wife does not care for him the way he cares for her. She claims that she â€Å"wasn’t gonna stay no place where [she] couldn’t get nowhere or make something of [her]self, so [she] married Curley,† (88). When she says this, she implies that she settled for Curley when she could have been a huge star. She walks around the ranch telling people â€Å"’I’m to find Curley, Slim.’ ‘Well you ain’t tryin’ very hard. I seen him goin’ in your house’... ...omin’ in, you might just as well, (74). While earlier on in Crook’s life he wasn’t always secluded from the white folks’. He says â€Å"The white kids play at our place, sometimes I went to play with them†¦ My ol’ man didn’t like that. I never understood why, until now,† (70). By saying this, Crooks expresses that he has so much pent up anger from people ridiculing his race. Crooks has almost accepted prejudice as a way of life. Prejudice is a common factor in society today. It is an excuse for people not to get to know someone because they do not feel it is necessary. Of Mice and Men portrays many flaws in society then and now. All three of these characters experience different forms of prejudice and deal with it different ways. In the end, they are secluded from gatherings of ranch workers. This book also brings the timeless phrase â€Å"don’t judge a book by its cover.†

The Fast Food Culture is Detroying America Essay -- Fast Food Research

The typical American diet, with its emphasis on fast food and frozen food, is a consumption pattern reflective of, and symptomatic of, our production patterns -- what kind of jobs we find ourselves going to day-in and day-out, and the way these jobs encourage us to see the world we live in. If people are more apt to think of themselves as consumers rather than producers, if gratification is associated with consumption rather than working, doing, and making, we have only to bear in mind that this is a society where work is either unattainable or alienating. (Willis, A Primer For Daily Life, "Learning From the Banana," page 59) The psychological impacts based on today's workplace lead us to believe we have no time. We no longer make our own food. We no longer cook our own food. We experience an alienation from its sources; food comes to us ready-made, pre-packaged, and/or frozen. Our usual food choices are commonly referred to as "junk-food," and when we happen upon someone cooking a meal entirely from scratch, we often joke, "What's this, real food?" Our relationship towards food has become so skewed that we no longer expect quality. If, by chance, we happen to encounter it, we are genuinely shocked and surprised, and almost threatened, for the rare presence of quality exposes that there usually is none. We have no idea what is in our food, or where it comes from. We are alienated from the land which gives us food, and from the actual production of our food. Do we know whose hands our food has passed through before we see it stacked neatly on shelves, or handed to us in a bun at Burger King, ready for us to consume at leisure? Contrary to McDonald's "educational literature" passed out to young children in schools, hamburge... ...5; call 408.423.4069 Vegan Outreach, 10410 Forbes Road, Pittsburgh, PA 15235; e-mail mba8+@andrew.cmu.edu Other Useful sources : McSpotlight -- contains over 1600 spotlights of McDonald's wrongdoings (Once you click, choose the server nearest you: Netherlands, Finland, USA, New Zealand) Viva!Guides -- some interesting literature and ideas; "How Now Mad Cow," + others... McDonald's Very Own Dietary Info -- ingredient lists of every product, complete with calorie, fat, fiber, etc counts Screwing McDonald's -- in case you missed the McSabotager earlier in the page... McDonald's is suing people who call their food unhealthy Opposing Viewpoints : Myths & Facts About Beef Production -- The incredible health benefits you will receive by eating beef! (Curiously, funded by...) Beef Handbook--Nutrition & Health -- the U.S.D.A. tells it like they see it...

Socrates - Definitions of Piety Essay -- Socrates Plato Philosophy

Socrates - Definitions of Piety   Ã‚  Ã‚  Ã‚  Ã‚  During the Periclean age (around 400 B.C.) in Athens Greece there was a man named Socrates. He was considered a very wise man by the Athenians. However there were men in power who did not care for him or his teachings; Claiming that he corrupted the Athenian youth and did not believe in the Greek gods, Socrates was put on trail. On his way to his trial Socrates met a man named Euthyphro, a professional priest who is respected by the "authorities" (those who want get rid of Socrates). Euthyphro is at the court house to prosecute his father for murder. Socrates finds this to be interesting. If Euthyphro can properly explain why he is prosecuting his father for murder Socrates might have an understanding of piety. This would help Socrates to defend himself, for the prosecutors know and think highly of Euthyphro. Socrates could then draw parallels between himself and Euthyphro, who the citizens' highly respect, thus bringing him respect, and freedom. This is where Socrates begins his dialogue with Euthyphro seeking the definition of piety. Socrates wants Euthyphro to teach him the meaning of piety since Euthyphro considers himself an authority on the subject. In this dialogue Euthyphro gives Socrates four different definitions of what he believes piety is, none of which prove satisfactory to Socrates, leaving the question unanswered in the end.   Ã‚  Ã‚  Ã‚  Ã‚  The first definition that Euthyphro provides to Socrates is that "the ..

Language and linguistic knowledge

Morocco's geographical location as a bridge between Europe and Africa, and as a home for Arab, Amazing, Andalusia, African and Jewish cultures, make of the country a place of considerable linguistic diversity. In this article, this diversity will be approached from a personal perspective, unsparingly as a result of reading Chapter 7 â€Å"Language in Society' in â€Å"Introduction to Language†. Geographically speaking, spoken all over Morocco, there are tens of dialects descendents of Arabic and Amazing languages. The Arabic dialects range from theHosannas' dialect spoken In the Southern Sahara Regions, through the different colloquial Arabic dialects of regions like Marshes and Fez, to the Arabic spoken in the Northern Regions close to Spain. Similarly, Amazing language gives rise to many dialects and sub dialects, specifically Tasteless In the Souses Region, Taming in the High Atlas and Tariff In the North. These regional dialects do not have definite boundaries (etiologies ) among them, but certainly overlap to form a dialect continuum. Moroccan speakers of all this disparity of dialects seem to reach a minimum of mutual intelligibility.In cases where they fail to, they resort to the modern Moroccan Colloquial Arabic (Dare) as their lingua franca. Importantly these regional dialects exhibit linguistic differences on different levels. At the phonological level there Is a vowel deletion In the Hosannas' dialect for verbs following pronoun ‘You†. Kilt (you have eaten) or jilt (you have come) are uttered as kilt and Jilt in other dialects of Arabic. At the Phonetic level, the Arabic speakers of the North uses q; while that of the middle regions use g as in CUL (say) and gull especially.At the lexical level, Tasteless and other Amazing dialects show many disparities. Head in Tasteless is said Agway, sashays in Taming and carry in Tariff. Besides the aforementioned dialects, most Moroccan use French and therefore are bilinguals. Amazing language , although a national language declared recently, has not gained satisfactory public and political support. Code-switching Is as a result usual from Arabic or Amazing to French. Arabic speakers and Amazing may respectively say wring la presence dialogue f terrain; militarily la presence nun GHz rain (show me your presence on the ground).Extensively, Moroccan use borrowing from French or English when they speak. An Arabic speaker may say hall these Believable dalai . Behavior Is here borrowed from English and It becomes subject to the Arabic definite article I instead of the. 1 OFF Linguistic variation in Morocco is not defined by geography only. Although it is hard to describe social dialects in Morocco in term of social classes as society does not show clear stratification, there is presence of different speech varieties pertaining to arioso social groups.These are defined on the basis of gender, age or religion. Young generation, especially in urban areas appear to develop differe nt speech variations as a result of the influence of the widespread media and new telecommunication means. Words like shrill (threaten) or aqua (money) are to make most people frown on. Religious groups, particularly the total (Koran scholars) have developed Jargon's which they are the only ones to understand. As regard gender, Moroccan women seem to use a slightly different language to men.This is due to the revealing social attitudes and cultural expectations reinforcing more conversational decency among females than males. A woman would not generally be expected to make requests without using Allah kill (please) or ‘ram walked (God bless you). Honestly, a warning is that the previous analysis of the linguistic variation in Morocco should not be considered as any reference since it is a personal reflection based on very limited individual knowledge. Nevertheless, it is an invitation for a thoroughly scientific and linguistic research which can be of a reference value for lin guists in Morocco and beyond.

Goodman Company

Case epitome Goodman Company Problem Statement How did the emergent adoption of a impudently conceived end product affect, aimed at increasing efficiency, affect the effect of workers at Goodman Company? How come whatever workers thrived while others buck guide under the raw(a) formation? Analysis The president of the company desire to hire a outturn psychoanalyst so as to increase efficiency at the plant. He viewed their future to be promising if they could keep up proceeds to meet increased demands. Ann Bennet, the saucy production analyst, chose to streamline the work at, whereby work was broken discomfit according to tasks, hoping to make it more efficient. The huckster executive programs were non involved in Ms. Benetts and the presidents plan. They were more or less given orders to implement the new plan effective immediately, thereby non taking into account problems on the floor, or issues workers or supervisors had with the plan. Had they been involved in the mean stages, they could have communicated the pros and cons of adopting the new plan. As a result, separately breaking take aimed and reacted to the switch everywhere differently. The new plan was myopicly use within the 1st agitate. They were resistant to line up to change as most workers on this shift were long cartridge clip employees in their 50s. Their supervisor had been with the company a precise long time. He continued to draw close his job the same way he did ever since he started there. He in any case seemed to be ready to wind grim and worn out(p) a lot of time researching his ideal retirement location. There was great disappointment among workers over the company not sharing profits, as they believed they were more till up to(p) than the other shifts.The employees in the 1st shift did not enjoy camaraderie external work. They went their separate ways after work. The new plan required teamwork to be successful. These employees worked singly prior to the transition and did not look sharing responsibilities. Addition anyy no cultivation was given to facilitate this understanding. Employees clearly were not motivated prior to the adoption of the new process. After the implementation of the new plan, alone of the above itemors contri preciselyed to their decreased performance. In the second shift, the supervisor had no nteraction with his employees and as a group leader it is necessary to move continuously with group genus Phalluss. When he was name supervisor, the group did not readily accept him and he did not socialize that rather believed that they should do their work. Therefore they were averse(p) to speak to him on any problems that they encountered. They favorite(a) to speak with Jim Fask, who was a senior member of the group with a lot of experience, but had no formal authority on them. The supervisor attributed poor performance of his shift to the new plan and to Jim Fasks removal from the group.He did not think communicating with members would realise them. Employees in the 3rd shift were well informed about the new process. They spent lavish time familiarizing themselves with the changes. The supervisor was friendly and set aheadd ideas. He enabled each person to be an operator and thence tried to keep boredom at bay. They socialized outside work and got on well with each other. They understood teamwork and much chose to work in groups. The group realised that the more efficient they made the process the more time they had to enjoy a little free time. Therefore they were able to outperform the other shifts. Lack of talk in the 1st and second shifts led employees being less committed. Workers were not motivated towards goals. Goals were not communicated to them in this case. Therefore overlook of communication, leadership skills, not involving supervisors in last making all led to factors affecting productivity adversely. Conclusions 1st shift workers seemed disgruntled and lacked motivation before the new process was apply. After the new plan was implemented they didnt welcome the change, the supervisor himself was not thrilled about it and didnt enlighten any advise to them.This resulted in poor performance and increased job dissatisfaction. 2nd shift workers lacked a good leader. Their supervisor was not disturbed by the fact that his employees did not communicate with him much and was cheerful with the fact that they spoke about all issues to a senior member of the team. Workers in the 3rd shift seemed to survive the transition, as they were pro-active, flexible, and challenged one another. Their supervisor encouraged them and alert them well for the changes that were to come. Recommendations Goals must be clearly communicated to all members of the organization.This enables them understand what is expected of them and the wideness of their involvement to accomplish them. Prepare employees for change. commute is inevitable. Employees mus t be given enough training to familiarize themselves to the coming changes. Supervisors must exhibit superior leadership skills over groups and must be available to encourage employees to perform. They must set goals, devise methods, and not shudder to incorporate ideas from employees to streamline the process. Employee handle awards can lead to increased motivation.

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.