Netflix Business Plan Essay

Founded in 1997, Netflix is the world’s leading Internet subscription service for enjoying movies and TV shows. Globally, the company has over 23 million streaming members. Netflix is in the Video Entertainment Industry. Some of the many streaming devices include: the Xbox 360, Wii, PS3, iPad, and iPod, to name a few. In all, there are more than 700 devices that are available for streaming from Netflix. Corporate Headquarters is located on 100 Winchester Circle, Los Gatos, CA 95032. The company has over 900 employees at the corporate headquarters. Netflix, Inc. trades under the NFLX symbol on the Nasdaq stock exchange. Netflix’s vision for the future is to become the best global entertainment distribution service, license entertainment content around the world, create markets that are accessible to film makers, and help content creators around the world to find a global audience. Management Team Netflix senior management team includes eight key players. Reed Hastings the Co-Founder and CEO, Neil Hunt the Chief Product Officer, David Hyman the General Counsel, Jessie Becker the Interim Chief Marketing Officer, Patty McCord the Chief Talent Officer, Ted Sarandos the Chief Content Officer, David Wells the Chief Financial Officer, and Jonathan Friedland the Chief Communications Officer. Most of Netflix’s management team share many roles. Reed Hastings, along with being the CEO of the company, he is also a member of the board of directors of Microsoft and of Facebook. Reed is also an active educational philanthropist and served as President of the California State Board of Education from 2000 to 2004. He received a BA from Bowdoin College in 1983 and an MSCS in Artificial Intelligence from Stanford University in 1988. Neil Hunt leads the product team, which designs, builds, and optimizes the Netflix experience. Neil holds a Doctorate in Computer Science from the University of Aberdeen, U. K. and a Bachelor’s degree from the University of Durham, U. K.  Patty McCord and her team maintains the unique culture at Netflix, hire new talent, and keep the organization lean and flexible despite its growth. David Wells currently took over the position of Chief Financial Officer after he spent seven years at Netflix in a variety of strategic planning and analysis roles. He earned his Master’s degree from the University of Chicago’s Booth School of Business and Harris School of Public Policy and a Bachelor’s degree in Accounting and Finance from the University of Virginia. Each member has a specific role that helps the company to continue to grow and the help the overall organization to succeed. The Business Netflix has revolutionized the way people watch TV shows and movies. Online streaming in the Video entertainment industry is rapidly growing and in order for Netflix to sustain competitive advantage Netflix continuously tries to improve what they have to offer. The core strategy at Netflix is to grow their streaming business domestically and globally as Mail-in DVD dies down. How the company achieves the strategic plan is setting a goal that is correlated with their strategy. The goal of Netflix is to maintain customer’s satisfaction while staying in the scope of the business parameters. Netflix tries to achieve its goal by continuously improving the customer experience, focusing on expanding their content, enhancing their user interface and extending out streaming service to even more Internet-connected devices. Being in the scope of business parameters to Netflix is to consolidate net income and operating segment contribution profit target. There are two main critical success factors that Netflix has achieved. The first is pioneering online streaming since 2007. Netflix was really the first company to successfully introduce online streaming to the video industry, which has transitioned the whole entire video entertainment industry. The second critical success factor is Netflix team of experts being able to enhance customer experience by offering customized recommendations based on what the consumer has watched. With critical success factors comes past achievements. Some of the major past achievements that Netflix has noted is the successful launch of the company going IPO in 2002. The initial public offering of 5,500,000 shares at $15. 00 per share on the Nasdaq. Secondly, not only was it a critical success but a major achievement to the company. In 2007 Netflix introduces streaming, which allowed members to instantly watch TV shows movies on their personal computers and since that time Netflix has been the leading company in doing so. However, with achievement comes a challenge the company has faced. The major challenge that Netflix has faced is the company rebranding attempt. Back in July 2011 Netflix announced that Netflix was dividing their services to two separate brands. The online streaming was going to remain Netflix and the Mail-in DVD was called Quixter. This would in turn increase member’s subscription. After the initial launch many customer where dissatisfied of Netflix choice and ultimately subscribers cancelled their subscription. As a result. Netflix is having a hard time gaining those customers back as well as gaining new subscribers. Another challenge that Netflix has is establishing an international presents. Back in 2010 Netflix initiated its international segment by starting to the north of United States, in Canada. Then in 2011 Netflix launched in Latin American and the Caribbean. At this point Netflix had a huge contribution margin loss of 103. million dollars. Then in the beginning of 2012 Netflix launched in the UK and Ireland, with even more of a contribution loss. Netflix is focusing on two major aspects of the business the first is to try to gain the subscriber’s hey have lost and to bring in new one by heavily marketing what the business has to offer. The second focus is that Netflix has also realized that they have not established a strong international presence and as a result the company has frozen future international launches until the given goal that was set out is achieved. Upon analyzing Netflix in the Online streaming industry there are many strengths that Netflix has. One is that Netflix revolutionized the industry by Differentiation. It is key to this industry being able to distinguish the company from its competitors. Secondly, Netflix is known for their recommendation system. This is more of their Niche strategy. They saw that now companies were doing this and from their research and development team they found that there was a market for this. However there are prevalent weaknesses that Netflix has such as: Customer loyalty, Market Vulnerability and relying heavily on one person set of skills. There are many competitions and many of Netflix customers are also customers at other online streaming websites. Secondly Netflix has not been around as long as Blockbuster and does not have the brand recognition that Blockbuster has. The online streaming industry has market vulnerability. The online streaming industry is rapidly changing, and Netflix solely depends on the partnerships and licensing they form. If contracts are not renewed that could adversely affect the business. Secondly, there are tons of competitors in the industry and Netflix may not be able to hold their subscribers. Netflix to maintain a competitive advantage Netflix must continue to build and maintain brand identity, increase customer loyalty by sustaining customer satisfaction. Product and Services The product that Netflix offers is a one month trial membership. The perks of having a Netflix subscription is there is no annual fee a year and you do not have to subscribe to it for one a whole year. It is a month-to-month subscription there is no cancellation fees. Initially Netflix had list of different subscription offers, currently when you sign up Netflix offers one main subscription offer that is 7. 9 a month for unlimited streaming of movies and TV shows then for an additional $7. 99 per month you can add the DVD by mail feature. Netflix is distributed two different ways online streaming and Mail-in DVD. The online streaming is via internet, smart devices, tablets or gaming consoles such as: internet TV’s, iPad, Android, PS3, Wii, and the Xbox 360. Currently, Netflix can be streamed from more than 700 devices. Industry Analysis The market value of the Video entertainment industry is at about 53 billion dollars and the competition is intense. The industry is rapidly changing due to the exponential growth of online streaming. The technical advances is a corporate to the exponential growth The technological advancements provides internet access virtually anywhere, the video process gets faster it seems like every couple month. With all the technical advances the online streaming business is more accessible and convenient to consumers. The size of the industry is rather large. it is about $56 billion dollars. This has a promising forecast for more profit. As you can see there is a lot of potential growth in the Video Entertainment industry. The Video Entertainment industry as a whole is in the early stages of the Mature Stage; however the online streaming sub-component is in the growth stage of the lifecycle and according to the Netflix financial statement the Barriers to entry is rather low. Competitors can launch a new business in the industry at a relatively low cost. The government regulations on the video entertainment industry are rather relaxed so that there are major risk involved such as Piracy and cyber security. Piracy is a major issue in this industry and although it is still a big problem. The United States has shut down one of the biggest piracy website: Megavideo. Which arguably has cost copyright owners 500 million dollars in lost revenue Cyber security is an issue because the internet can be a vulnerable place and as the technology gets more advanced the hackers get smarter. Cyber security remains an issue that U. S government is trying to minimize. Lastly, If the government were to heavily regulate the industry then copyright laws can change adversely affecting the industry. For example, Netflix like many business in the industry rely on the copyright, licensing and partnerships that they obtain if the U. S copyright laws changed then this can adversely affect the industry. The first sale doctrine provides individuals who knowingly purchase a copyrighted work from the copyright holder receives the right to sell, displays, or otherwise disposed of that particular copy, notwithstanding the interest of the copyright owner. The first sale doctrine plays a vital role in the United States copyright law. So the morale of the story is the government needs to find a happy medium where the industry is being a little more regulated than it is now to reduce piracy and cyber insecurity however, still allows business to obtain copyrights. Other factors that affect the industry or globalization and the political and social factors. Globalization has affected this industry. Many of the pirated movies that are available come from China and India. Secondly, for international segment the Political and Economic factors differs from United States. Failure to manage any of the risk associated with those factors could harm the overall business. Market Analysis We have determined that the industry is divided into two types of customers; the picky customers and the convenience customers. The picky customers are the ones who are looking for a specific movie or genre and are willing to wait a few days to get what they want. They also enjoy a rich movie watching experience and are unwilling to substitute for a different movie. The picky customer tends to be the older generation due to the time spent on choosing a movie. On the other hand, the convenience customers are those who want immediate access to a wide range of movies. They also want to be able to watch movies on multiple platforms such as on their phone, PS3, or their iPad. Since they use a lot online streaming to most of their movie watching, they are willing to substitute if the video they want is not available. The convenience customer is more tech-savvy which tends to be the younger generation. The trends that have been happening in the industry focus mainly on three aspects, convenience, cost and selection. Consumers want to be able to have a wide range of videos to choose from which are easy to obtain, at a low cost.

Morals & Ethics in Cartoons

The Comic that I recall was Hank Ketchum’s Dennis the Menace strip in a newspaper. Although I could not find it to reprint, the memory stays with me perfectly. Alice, Dennis’ mother was folding laundry when Dennis cries out from the kitchen â€Å"Mom! Does the peanut butter go on the bread before or after you put it in the toaster? † The next window shows Alice looking a bit troubled as Dennis cries out again. â€Å"Never mind† he yellsThe laundry gets tossed into the air and Alice makes the turn to go into the kitchen but Dennis calls out again. â€Å"Don’t come in here. † Dennis needs help but doesn’t want to ask. The moral dilemma here is that if he calls his mom to help, then he faces getting into trouble. If she stays out, he might be able to rectify the situation. Although he tried to do something for himself he ended up screwing it up as usual. The mistake is obvious but the problem is subtle.We don’t really know what is happening in the kitchen but it puts our mind to work. Maybe he dropped the peanut butter covered bread on the floor and wants time to clean it up. Maybe he is trying to make his mom a surprise sandwich and doesn’t want her to help or to see. For whatever the purpose, the reader is drawn into the many possibilities of mistakes this young character is capable of. Conclusion The lesson in the end is that he should have asked for help before getting himself into this situation.I think young readers can see this as well in that they can relate to Dennis because they have been in similar learning experiences. Is this an accurate portrayal of modern life? Unequivocally yes! The amount of troubles my own kids have gotten into and the stories about my nieces and nephews can be inspiration for Hank Ketchum. Seldom is this writer’s work ever over the top. His creativity is aligned with reality which makes the strip even more humorous by drawing us in to a relationship of believa bility.References Sally T. Alders, â€Å"Dennis The Menace†; The Kosmix Community

Mrketing Mngement Essay Example | Topics and Well Written Essays - 2500 words

Mrketing Mngement - Essay Example Plnning process is n initil stge of mrketing strtegy for ny orgniztion tht helps to shpe objectives nd gols of firm s well s to produce the principl policies nd plns for chieving those gols. During the plnning process it is normlly defined the nture of the business the orgniztion is to pursue which in turn hs gret bering on the kind of economic nd humn orgniztion it needs to possess. Gols nd objectives re usully set within time frmework. Strtegy entils mtching the compny's ctivities to its resource cpbility. There is little point in trying to tke dvntge of some new opportunity if the resources needed re not vilble or cnnot be mde vilble. n orgniztion must formulte strtegy during the plnning process of mrketing strtegy within the boundries of the resources tht re likely to be mde vilble. This is fundmentl considertion tht must be ddressed when formulting the pln. Strtegy is lso to do with the mtching of the ctivities of compny to the environment in which it opertes. Since the environm ent is continully chnging, strtegic decisions necessrily involve coping with chnge. The extent nd speed of environmentl chnge will vry nd the pce t which strtegy must chnge will necessrily vry too. s it ws lredy mentioned, there re lot of fctors tht need to be considered in the plnning process of n orgniztion tht ffect mrketing strtegy of the compny. These fctors re described in bellow nd re the reflection of stges of the plnning process of n orgniztion. 1. Initite nd gree Upon Strtegic Plnning Process This step is to ssure tht the key stkeholders understnd the plnning process nd re committed to it. Importnt persons nd groups re identified. The plnning process nd objectives re discussed with them nd their support nd commitment is sought. 2. Identify Orgniztionl Mndtes This is the identifiction of the legl nd politicl demnds which define wht the orgniztion must do. The explicit requirements of these mndtes re outlined s precisely s possible, nd clrifiction of gols nd ctions tht re not prohibited (the boundries of wht cn be ttempted) is initited. 3. Clrify Orgniztionl Mission nd Vlues This stge strives to clrify the purpose of the orgniztion. The possibilities which the orgniztion might undertke re filtered through the orgniztionl vlues to begin definition of wht it wnts to do nd wht it should do. comprehensive stkeholder nlysis is performed which expnds the work initited in step one. mission sttement, or the frmework for one, should be developed, nd this my be good plce to begin tht tsk. 4. ssess the Orgniztion's Externl nd Internl Environments The objective of this step is scnning opertion to identify strengths, weknesses, opportunities, nd threts (SWOT). This step (s well s plnning process generlly) grows from Open Systems Theory which sserts tht ll environmentl impcts, s well s ll internl forces, re interrelted nd hve potentil effect on ech other nd on the orgniztion. This step is the hert of the plnning process. It is firmly entwined with ll the other steps, nd is lmost synonymous with the plnning process concept. 5. Identify the Strtegic Issues Fcing the Orgniztion This identifiction emerges logiclly from the SWOT nlysis in concert with the mndtes, vlues, nd mission. "Strtegic issues re fundmentl policy questions or criticl chllenges tht ffect n orgniztion's mndtes, mission, nd

Knowledge Management Essay Example | Topics and Well Written Essays - 2500 words - 1

Knowledge Management - Essay Example Keywords: knowledge management, organizations, Siemens, organizational culture. Knowledge Management Knowledge management is one of the most popular objects of scholarly and empirical analysis. Much has been written and said about the principles of effective knowledge management in organizations and factors affecting it. Despite the growing body of literature, many organizations fail to implement KM practices properly. â€Å"The major problems that occur in KM usually result because companies ignore people and cultural issues† (Geisler & Wickramasinghe, 2009, p.12). For organizations that seek to establish themselves as repositories of knowledge, creating a culture that rewards individuals for knowledge sharing and recognized the value of tacit knowledge is crucial (Geisler & Wickramasnighe, 2009). This paper presents an analysis of the human and cultural issues involved in knowledge management in Siemens and, actually, many other organizations. In this paper, the examples of Texaco, Semantech, Xerox, Hewlett Packard, General Motors, BP Amoco and others are used to substantiate the argument. Knowledge Management as Human Resource Management Randall Sellers stated that â€Å"the challenge is managing the people who manage the knowledge†. In other words, the human dimension is believed to be an essential ingredient of knowledge management practices in organizations. ... ity is logical and reflects an ongoing tension between the growing role of knowledge and increasingly distributed structure of modern organizations (Swan et al., 1999). KM had to reduce this tension and enhance organizations’ capacity to generate and share knowledge. Unfortunately, failure to understand the basics of KM creates a situation, when organizations hide behind technologies and do not notice human resources which, in the meantime, are primarily responsible for creating this knowledge. Many organizations rely on the systems and tools that codify and commodify knowledge (Swan et al., 1999). Managers in these firms adopt an information-based perspective on KM, which interprets knowledge management in terms of information, not people, and emphasizes the importance of accessibility, availability, and real-time changes of information (Alavi & Leidner, 1999). In reality, the main challenge of knowledge management is in managing people who produce this knowledge, and there a re several reasons for this. First, knowledge is a human act (McDermott, 1999). Therefore, no knowledge management is possible without people. The essence of knowledge management is in generating knowledge, piecing information together, reflecting on individual and collective experiences, generating insights, and using the results to solve acute organizational problems (McDermott, 1999). â€Å"From the point of view of the person who knows, knowledge is a kind of sticky residue of insight about using information and experience to think† (McDermott, 1999, p.106). Yet, many organizations make one and the same mistake, when they limit their knowledge management solutions to IT systems and networks. The real challenge of KM is to manage people, who generate and possess this knowledge. Well-known is

Staffing Handbook of Global Communications Incorporation Assignment

Staffing Handbook of Global Communications Incorporation - Assignment Example It requires talented human resources from different segments to man various positions in the company, and the availability of sufficient manpower is crucial to the operational success of the company. The company’s vision is to become a world-renowned provider of communication service to a global community and attain the position of the leader in this industry. It currently plans to expand its operation to South America and African nations. Its mission is to provide excellent communication services to the global community, with a specific focus on after-sales services. It also aspires to become the best corporate to the employees by providing them best competitive remuneration and working conditions apart from being a socially responsible organization. The company also lays emphasis on best ethical practices and exemplary leadership qualities. Companies need to adopt appropriate strategies to staff their organization with suitable human resources in order to ensure the execution of relevant tasks in time so as to enable them to run their operations smoothly. Strategic staffing can be understood as a â€Å"process of identifying and addressing† the implications of staffing on various strategies and plans that the organization implements in their day to day functioning (Bechet, 2002, p.7). Global Communications Inc perceives strategic staffing as a process of understanding staffing implications on the operations being conducted at various levels in the organization as well as in providing a seamless flow of after-sales services. Being involved in the area of communications, which is a major element in the modern world, our organizations need to maintain a high level of quality and service in our employees for attaining overall efficiency. Being in the service sector we also need to make sure of the availability of sk illed human resources at all levels.

Make Good CV Essay Example | Topics and Well Written Essays - 500 words

Make Good CV - Essay Example To work in an organization where I will be more of an asset, while developing my career in management, and utilizing my experience in organizing people and coordinating organizational processes to completion The main activity included coordinating various departments in order to ensure that all worked in line with the strategic plan. It also included scheduling of hot tapping/ cold tapping activities between Aramco and contractor as well as management of all piping related activities from piping fabrication, installation and pipe stringing and hydro testing. Planning and coordinating the installation and erection of pipe racks, scraper launchers and receiver including all, associated piping works. It also involved coordinating the Installation of the scrapers for both launcher and receiver including its accessories and appurtenances Overseeing the installation of the flow lines coming from well head to headers lines (drain line header, test line header and production line headers for both Arab C oil and Arab D oil) including MOV’S

Poverty has been a big economic problem in the world Term Paper

Poverty has been a big economic problem in the world - Term Paper Example Taking for instance, lack of income is brought out as poverty, but it is unreliable to measure. It may also be related to consumption. Poverty is mostly what is seen to be and what has been measured. The comparisons of these provide a scope that has an endless debate. Another angle can be taken as material lack or want. In this, it tries to refer to little wealth or lack of some of assets like shelter, clothing, TV’s and radios. The other definition refers to the deprivation in capability, so much focusing in what one can and what one cannot do or cannot be. This goes beyond the lack of want to further include the physical capabilities or even the self respect from the society. [Squire, L, 1993] In this era, where there is a global meltdown, the evil, which is breeding in most of nations, has increased poverty levels among people. The world is now faced with a condition where the rich are getting richer while the poor are continuously getting poorer. The global cause of povert y is less talked about and, therefore, very little has been done as a direct strategy in alleviating this poverty directly. There are interconnections, which are assured by the globalizations as well as the rules. Also, practices and the judgments that apply internationally count in these interconnections. These are mostly from the leaders of the affluent countries or the major global actors like the international organizations, corporations and the powerful people. With such manipulation from the global leaders, the governments of those who are underprivileged and the people who are in them are so much helpless in alleviating the poverty that affects them. It is in this that one sees many of the people struggling for survival while the few continue enjoying the riches at the expense of many. The statistics on poverty show that even in nations like the US, which are developed, 15 to 25 percent constitutes of poor people. They are not able to provide for basic needs like food, shelte r and these have high populations. Where there are many adults and children as well. Most of the population lives below a dollar a day. 2. Discuss the major impact to society of the problem The society has been affected by poverty in a very great way. Poverty as seen has deeper roots that if not uprooted properly, will lead to a cycle of poverty better known as the vicious poverty cycle. It is a process of activities that are in a cause and effect state. The sociological readings have revealed that poverty is transferred from one generation to another, from family values, from these routines and standards of living, which leave little room for development and which are beyond anyone’s day to day operations. The situation of a family inclined towards a moment to moment viewpoint. The main concern, which is to provide for food and shelter, has been the major concern. Being able to provide a better habitat for the children to live in, being self sufficient and having futuristic plans are very vital. The effect as of poverty has been seen to have the same effects as the consequences of not gratifying the needs of the individuals. It has been noted that the poor are mostly emaciated and unwell. They mostly live in under standard conditions. Poverty leads to drug abuse and addictions that affect the health of the people involved. The poor are not able to afford the drugs that are needed to cure the diseases that are affecting them. [IMF, 2001] They end up using those that have been left out.

Critical Reading Reflection Essay Example | Topics and Well Written Essays - 2000 words

Critical Reading Reflection - Essay Example The author starts by stating that â€Å"this is a hopeful book about those who fail.† (Rose, M., 2005 p. xi) and provides an account of the education system in America, so the book can be said to be a book about the hope the author holds for people who may be struggling with the American educational system. He goes on to stipulate that the low level of literacy skills in remedial students is not as a result of lack of intelligence but is rather due to insufficient economic and social conditions to support these students, as well as a history of poor education. The author believes that educators should have more confidence in the literacy abilities of such students and that there must be greater equality as regards educational opportunities in America. This book details the story of how the author learned to read, write and think critically, and how he came to start teaching others to also be able to read, write and think in a critical way. This book can be divided into two sec tions. The first section discusses the author’s journey as a student, and as a teacher. In this first section Rose learns to read, analyze and write, while engaging critically with text, and making use of language in a correct manner. In the second section, Rose learned how to teach to others these things he had learned as a student. The main connection between these sections is the connection that was made by the author himself about his own experiences. In the book, one can also feel the effect that the author’s teachers had on him. The teachers (Mr.Jonhson, Mr.Macfarland and Dr.Carothers) all affected the author’s experience and influenced his perspective about the issue of teaching. In the book, the author illustrates some examples of the perceived cultural and language barriers that students have to deal with from day to day, and discusses his experiences with students, including high school graduates with reading or writing difficulties. Due to the reading and writing difficulties faced by these students, they are usually branded as remedial students and therefore placed in special classes, regardless of the real causes of their inability to read and write at the predetermined level. These students may go through their school years, and even later into their adult lives bearing this stigma. In the first chapter, rose outlines the main issues about the American educational system, and his prognoses on these issues relegate the reasoning behind his opinions as stated in the book. The history and the policies that led to the ‘back to basics movement’ are also discussed, and it seems that educators and administrators in America believed that American students are a largely illiterate and insufficient group. Although the author does not directly challenge the necessity of examining the social and economic conditions in the educational system, he argues against â€Å"framing our indictments in terms of decline, a harsh, laced -with-doom assault, as insisting that our current educational standards do not meet or exceed the supposed perfection of past standards we lose the historical and social realities of American education† (Rose, M., 2005 p. 7). The author also argues against labelling some students as remedial students or punishing those that do not measure up to a false reality of success and advocates a better understanding of the cultural and social conditions that students face. Rose explains that the American society as a whole clings to

A Survey of Language and Literacy (L&L) Programs Research Paper - 1

A Survey of Language and Literacy (L&L) Programs - Research Paper Example This is a program whose main intent is to focus indirectly or directly on economic, social, or inequalities that are political between two parties by literacy. Literacy, in this respect, is referred as a type of knowledge. It allows one to access extensive reservoirs of knowledge thus the saying that knowledge is power (Whitehead 12). In many situations, if one compares the illiterate and literate groups, those individuals who are literate always have an advantage over those individuals who are not. When illiteracy is institutionalized, literacy would be extremely powerful and a liberator who is remarkably effective thus a form of empowerment. In reality, all programs of literacy have a component of empowerment. In this program, empowerment is distinguished since it is a central program’s feature.Empowerment literacy program has some conditions that are normally used in determining its choice. These conditions include An elite that is educated or rather a class considered as a middle class takes advantage of a group that is seen to be disadvantaged preliterate or semiliterate group. A community sector like certain groups clan has opportunities that are limited due to a limited access to literacy that could be intentional. A given community may be politically or socially dominated on the language basis and on education access. In this regard, illiteracy may block efforts of improving welfare and health of the masses thus limiting the meaning of any efforts towards a change that is political.

Foreign Market Analysis Essay Example | Topics and Well Written Essays - 1250 words

Foreign Market Analysis - Essay Example product. The feel good factor is that it is pro-American country with the Filipinos and their government having very friendly relations with the U.S. The Philippines is the 19th largest export market of the United States with an approximate annual export of $8 billion. For launching a new product by JF’s Electronics, the Philippines can be the perfect launching pad as people there have liking for the U.S. products. Language is not a barrier, as the Philippines is the third largest English speaking country (buyusa.gov). The Philippines market environment for the mobile phone products, called the Cellular Mobile Telephone System (CMTS) is quite encouraging for the U.S. products. Let’s review different environmental aspects related to the Philippines economy, politics, legal, regulatory, technological, and social factors to ensure that the JF’s Electronics would succeed in providing a secure international platform to its new product – customized mobile phone. JF’s Electronics new product – the customized mobile phone would find a ready and ripe market as the mobile phone is a favorite digital device of the Filipinos. More than 22 million Filipinos have a mobile phone. The number of mobile subscribers is growing fast; in 2004 the growth rate touched to 34% to more than 30.2 million. In Short Messaging Service (SMS), this country is the world leader. As per the market report, carriers cover more than 200 million text messages a day in Philippines. The above scenario projected by the U.S. Commercial Service regarding the mobile phone market and the Philippine’s 100 years old friendly business relations with the U.S. are enough to build up confidence of the JF’s Electronics to enter in the Philippines market with its new product launch, i.e. customized mobile phone (buyusa.gov). The Philippines imports in electronics are into raw material to be used in export processing locations. Consumer goods, a subsector of electronics industry are 0.93

Conformed Dimension Essay Example for Free

Conformed Dimension Essay Conformed dimensions are a crucial component of the successful dimensional design. With the right dimension design and content, it is possible to compare facts from different fact tables, both within a subject area and across the enterprise. They can do more than enable drilling across; they serve as the focus for planning enterprise analytic capability. Dimensional design is usually implemented in parts. Regardless of the style, it is impractical to organize a single project that will encompass the entire enterprise. A realistic project scope is achieved by subdividing the enterprise into subject areas and areas into projects. At a logical level, when a series of stars share a set of common dimensions, the dimensions are referred to as conformed dimensions. Identical dimensions ensure conformance, but can take several other forms as well. Fact tables and conformed dimensions can be planned and documented in matrix format and serve as the blueprint for incremental implementation. Dimensions tables can conform in several ways. Shared dimensions, degenerate dimension and conformed rollups are three ways. A fourth style of conformance is less commonly accepted; it allows for overlapping dimensions. Tables that can conform when the dimension attributes of one are a subset of another are known up as a rollup dimension and a base dimension. They will not share a common surrogate key, but the common attributes must possess the same structure and consent. Degenerate dimensions can serve as the basis for conformance. The corresponding columns should consistent in the structure and content. But it is not required that every fact table share the same set of instance combinations, as to do would force violation od sparsity. Overlapping dimensions can also conform. Some designers prefer to avoid this situation, since it requires that multiple processes load equivalent dimensions columns in the same way. Conformed dimensions are the key to enterprise scope, serving as the infrastructure that integrates subject areas. This means that the dimensional design, including a conformance plan must be conducted as a strategic, upfront process. The conforming dimensions are best illustrated through matrices since the number of criss-crossing relationships can easily clutter a table diagram. The matrices can describe conformance within a data mart or across the data marts. They are a central feature of dimensional data warehouse architecture, produced as part of strategic design effort. It allows individual implementation to proceed individually, ensuring they will fit together as each comes online. In a Corporate Information Factory, information is extracted from the enterprise data warehouse and organized for departmental use in data marts. Because the data marts of the Corporate Information Factory draw their information from an integrated repository, the challenges of maintaining conformance are reduced, at least from the perspective of the dimensional modelers. The burden of bringing together disparate source is still present, nut it falls to the designers of the enterprise data warehouse. Designers of the dimensional data marts need only concern themselves with a single view of information: that provide by the enterprise data warehouse. Conformance is still a necessity with the data mart and conformance across data marts can help avoid the need for additional data marts to cross subject areas. Stand-alone data mart lacks an enterprise context. They do not conform and the associated risk can partially mitigated by planning for conformance of a few key dimensions. The stand-alone data may exhibit conformance internally, it is likely to be incompatible with other data marts. Stand- alone data marts may be retrofitted to work with existing conformed dimensions, but this process is not trivial.

Oodgeroo Noonuccal Biography Essay Example for Free

Oodgeroo Noonuccal Biography Essay Oodgeroo Noonuccal was born in 1920 on Stradbroke island (Minjerriba to the Aboriginal people), which was in Queensland, and she was born into the Noonuccal people of the Yuggera group. She was an actress, writer, teacher, artist and a campaigner for the Aboriginal people. Oodgeroo shared a trait with her father that was the sense of injustice. She left school at the age of 13 and worked as a domestic servant until 1939. After that she volunteered for service in the Australian Woman’s Army Service. Between 1961 and 1970 Oodgeroo popular poetry and writing made her very popular to the aboriginal people, Torre Strait Islanders and the people of Queensland. Oodgeroo Noonuccal became the first published Aboriginal woman when she wrote ‘We are Going’, which was sold out in only three days breaking some Australian records. Between 1964 and 1988 Oodgeroo wrote many Children’s books, short stories, new poems, essays and speeches. Oodgeroo Noonuccal was involved in many Aboriginal right organizations. Now her work is recognized worldwide and the themes in most of her poems in the need for peace between the black and white Australians. Her aboriginal upbringing helped her for inspiration, what she used to be surrounded to and the way she had been treated. Oodgeroo Noonuccal’s father had taught her to be stubborn and to be proud of being Aboriginal and with this, Oodgeroo would push through discriminations and penalties. Oodgeroo’s campaigning for Aboriginal voting rights started in 1960 when she strived for equality. She traveled Australia giving talks and doing all sorts of stuff to make more people aware. Finally in 1967 the campaigning showed to be successful and the Aboriginals got their rights. When she tried to campaign Globally nobody would listen to her and she got quite frustrated. She went back to her home, on Stradbroke Island, to build an Aboriginal Museum but the government would not allow it.

Case study and observation research methods

Case study and observation research methods This essay will look at difference between to research methods; Case Study and Observation. Case study is the understanding of the complex issues or can extend experience or add strength to what is already known through previous research. It is an in-depth study of an individual, group, incident or community. Case studies emphasize on the detailed analysis of the event or conditions and their relationship. Sometimes researchers use the case study method for real life situations and use sources of evidence to prove their study. First step to take in case study is to collect all data about the case and should be organised to draw attention to important points in the case. The case studys questions are most likely to be information questions why and How therefore these questions are helpful to focus on the studys goal. In case study researchers gather facts from different sources and conclusions is made of these facts. Here is a case study of the Davids behaviour, David, 13 year old who has been admitted to a detention facility in California. Police reports indicate that he and another boy were arrested for breaking and entering into a private residence. David grew up in an upper middle class section of California. Davids father is a professor at a college, and his mother, is a dentist who works for a health care group. Even as a small child, David seemed unable to restrain himself. He would bound around the house, crashing into walls and objects, frequently breaking items or destroying house plants. David entered puberty at the age of 11, and at that time, his behaviours became more destructive. He frequently got in fights with his classmates, and would verbally assault teachers. His parents suspect that he may have tried smoking cigarettes and may have experimented with sniffing glue. After his arrest for breaking and entering, David began to cry and told his parents that he felt badly for what he had done. He added that he was unable to control himself. In Davids case study which took long time to study Davids behaviour from his childhood to his teenage and in different circumstances Davids behaviour had changed and resources have been used to prove his behaviour such as his parents or police. Another example for case study research; its Freuds little Hans case study, Freud used a case study method to investigate little Hans Phobia however the case study was actually carried out by the boys father who was a friend of Freud. Freud probably only met the boy once. The father reported to Freud via correspondence and Freud gave directions as how to deal with the situation based on his interpretations of his fathers reports. Freud noted that it was the special relationship between Hans and his father that allowed the analysis to progress and for the discussions with the boy to be so detailed and so intimate. The first reports of Hans are when he was 3 years old. When Hans was almost 5, Hans father wrote to Freud explaining his concerns about Hans. He described the main problem as follows: he is afraid of horse will bite him in the street, at age 19 the not so little Hans appeared at Freuds consulting room having read his case history. Freud believed that the findings from the ca se little Hans supported his theories of child development. Observation involves looking and listening to the object very carefully. Researchers in observation study an individual or group in their natural settings without being informed of the observation in advance. Observational data is usually detailed information about the particular person, groups or situations and revealing changes. In a non- participant observation researchers observe behaviour of the subject without interacting with the subject whereas in participant observation the researchers put themselves in the subjects position, so the researchers become part of the world of the subject meanwhile focusing on their study and in direct observation, people know that you are watching them, and there is concern that sometimes individuals change their actions while not showing what you are looking for or what they are really look like. A research which led by Charlton, studied the effect of television on childrens behaviour when it was introduced for the first time to an island of St Helena in mid-1990s, The researchers focused specifically on pro- and anti- social behaviour. Using video recording, they found that, compared with play ground observation on three to eight years olds made four months before television started, five year after its introduction there were 5 out of 64 measures showing a decrease in pro- social behaviour. However for boys, only there were significant increase on two pro-social measures and significant decrease on two anti-social measures. In other words, for boys at least there was almost as much positive as negative effect. The research led by Charlton was a naturalistic observation which is used to collect behavioural data in real life situations. The data gathering device in this research was video recording, which taped the childrens interaction daily. There is another example of Whyte studies about Italian gang for Observation research study, Whyte studied an Italian street gang in Chicago by joining it. It was obvious Whyte was not a normal gang member. His cover was that he was writing a book about the area. He made the famous statement that I began as a non-participating observer. As I became accepted into the community, I found myself becoming almost a non-observing participant' Whyte research study was undisclosed participant observation. Whyte as an observer kept hidden his study about the gang from gang members; Whyte aimed the understanding of the gang by putting himself in their position and observed gang members in their natural setting, as they were busy in their everyday lives. Two ethical issues Consent and Deception, both are very important issues to concentrate on before deciding for a psychological research. Consent should be obtained in an early time of research; this would involves informing the participant about the grounds for the research and their role in the research however there are some cases where this is not required if the research is something in public where they would normally expect to be observed, they would need permission to be observed on the other side in deception, participants should never be deceived about any aspect of the study they are taking part in. Same as consent participants should be provided with sufficient information at the earliest stage. Other ethical issues are, introduction where both sides confidence is needed between the researcher and the participants, and the data protection act protects participants in the research, therefore confidentiality and privacy is important to be agreed on both sides except in situation where the human life is in danger. And participants must be informed of their right to withdraw from the research at any stage of the research. After debriefing, participants have the right to ask for their details in the study to be destroyed in their presence. Participants should not be asked to risk their life in any circumstances during the study. Publication is another important part of the ethical issues, its the responsibility of the researcher to publish is his research, this is because if the research is failed which has costs lot of time and money someone else might have the same idea and might invest lots of time and money, which would be wasted. Its the researcher responsibility to monitor his colleagues in a research to ensure that code is being followed and if the researcher becomes aware of the participants problems in the study, so the researcher should refer them to someone qualified to advise them on the issue if the participants wish to. In Zimbardos Stanford prison experiment, participants were deceived and were physically harmed, they have not been informed properly about all that took place later in the research, therefore deception is not allowed in any circumstances and all that are going to take place in a research should be told to participant in a earlier stage. And the participants consent was not obtained before the research and participants have not been informed of the reason of the study This involves informing the participant of the reasons for the study and what is expected of them. There are few cases where this is not required: if someone is doing something in public where they would normally expect to be observed, they are giving permission to be observed. Bibliography http://www.holah.karoo.net/freud.htm

ETHNICITY IN TODAY?S SPORTS :: essays research papers

Armstrong, K. L. (2000). African-American Students’ Responses to Race as a Source Cue in Persuasive Sport Communications. Journal of Sports Management, 14, 208-227.   Ã‚  Ã‚  Ã‚  Ã‚   It is important to think about all of the campaigning, advertising, and announcing that goes into sport communication. The article explains how when dealing with sports communication they always relate back to race. The study was to examine students and try to figure the response one might receive from the students from the role that was being portrayed. When the results came in they showed that African Americans held race at a higher value when dealing with the sports communication process. Armstrong, K. L. (2000) race and sport consumption motivations: A preliminary investigation of a black consumers’ sport motivation scale. Journal of Sport Management.   Ã‚  Ã‚  Ã‚  Ã‚  In this article sports consumption is explained. In this article Armstrong gives rise to the question, why do different races eat up the sports world in different ways and fashions? The article suggests that African Americans consume the sports world based on previous hardships. The article also suggests that Caucasian people eat up the sports world for the excitement of the game. The article also spoke a little about the differences between men and women and how their motivation toward sports are similar in some Ethnicity in today’s sports 3 aspects. The fact that women are raised to be â€Å"girly† and men are raised to be â€Å"manly† makes their eagerness and motivation different. Davis, H. & Stacia, L. (2001). Career maturity and the Black college student-athlete. The Sicence & Engineering Journal, 63, pgs.   Ã‚  Ã‚  Ã‚  Ã‚  This article studied the differences between black student-athletes, white student-athletes, and non student-athletes. . There is now talk of placing athletes in a comprehensive career planning intervention program before entering college to help with their career planning skills. The reason for implementing this program is due to the percentages that came from the study done. The study showed that a higher percentage of African American student athletes chose majors that had little or nothing to do with their chosen career path. The study also showed that more often than not African Americans had dreams of pro sport careers. The outcome of the study was the exact opposite when dealing with white student athletes. Most white student athletes chose majors that reflected their chosen career path and a low percentage had dreams of a pro sports career. Goldsmith, P.A.

Narrative Essay: I am Japanese American :: Personal Narrative Essays

I am Japanese American    I am glad I am Japanese American, even though I feel JA men are some of America's best kept secrets. There is a story of a vertically challenged man who was in the midst of some tall men. One of the taller men said to him, "You must feel pretty small right now." The man replied, "Yes, I feel like a dime in the midst of a bunch of nickels."    Being a JA male is not easy in America. We get no respect, it seems. Often, the image of the JA male is the nerd, the quiet invisible man, or somehow one devoid of sexuality. JA women have been elevated by American society to a somewhat higher level of acceptance, or so it seems from the mainstream media.    I noticed recently that there are more JA (or Asian American) men doing the news on TV; Rob Fukuzaki and others on local news are a welcome sight because it seems we Asian men have joined the rest of society at least in terms of representation on the news (although pioneers like Ken Kashiwahara and Sam Chu Lin helped give early visibility for Asian men on camera).    My parents experienced the Depression years in America; my father having arrived in this country in 1920, and my mother coming to join him in 1932. They experienced being forced into concentration camps, then having to start over again after the war, facing social discrimination and then overcoming it to a large extent through hard work, economic success and good citizenship. They taught me values like working hard, being faithful to your family, the importance of a good name and being honorable, the importance of community and supporting community groups, remembering your ancestors and your cultural heritage, respecting your elders and your parents, and many other important values and virtues that help me to be a man of substance and strength. And yes, I can say it, I am a man of substance and strength, perhaps even a dime among a lot of nickels. A part of my JA upbringing also taught me to be reserved and modest, unassuming and uncomplaining. And even though I picked up a trace of racist attitudes from my parents--that Japanese are superior to other people, and that others, especially African American, Mexican and Pilipinos, were inferior. But still, I was dominated by a sense of being inferior myself to the general society around me.

The patriot act Essay -- essays research papers

  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  The Patriot Act   Ã‚  Ã‚  Ã‚  Ã‚  The Patriot Act is a bill that was passed in the wake of 9/11/01. Not even two months after the horrific event which we all know as 911, the bill was passed with great haste and secrecy. The bill was passed on October 26, 2001. The bill was passed to raise the security of the country. Sadly many speculate that most of the members in congress did not even read the 342 page bill. Within a matter of days the executive branch with its new powers began to initiate many new executive orders, policies, regulations and practices that many feel threaten our rights.   Ã‚  Ã‚  Ã‚  Ã‚  The bill has expanded terrorism laws to include domestic terrorism which subjects political organizations to be surveillance, wiretapping, harassment, and criminal charges for political advocacy. Many feel that this is an attack on the first amendment, which is freedom of religion, speech, assembly and freedom of the press. The bill has also expanded the powers of law enforcement agencies(police, FBI, CIA, NSA). Law enforcement agents now have the ability to conduct secret searches, place telephone and internet surveillance, and can access personal medical, financial, and student records with minimal judicial oversight. Many feel that this is an attack on the fourth am...

Technology and Its Impacts on Society

Introduction:Changes have been described as essential functions to human life in the society. Changes are inevitable as man and the society continue to exist. Technology and inventions are spearheaded by man and interact with the society to bring about the necessary social changes. Each year, various technological inventions that are embraced which leads to their steadily increasing impacts on the social aspects within the society.Technology advancement therefore has become essential in shaping the society as it has traversed virtually all aspects of human life. Technological innovations are responsible for the new social themes being experienced within the modern society. It is therefore important to note that new technologies will impact on the choices we make, how we lead our lives, and on how we interact with others. The internet and the mass media in particular have led to far reaching implications especially in matters to do with inter-personal communication and the general soc iological aspect within the society.This paper shall focus on how technological advances have impacted on the society and interpersonal communication.The Internet and Mass media:In the recent past, the use of the internet has drastically increased. Studies have shown that in the case of the United States, which is the world’s leading nation in internet use, the internet use had risen from 66% to 73% in 2006[1]. In the survey, it was revealed that about 70% of adult Americans were internet users. Though the United States is the world’s leader in internet use, other countries around the world are quickly adapting the trend and the internet use has gained considerably. It is no wonder that e-communications are being incorporated as crucial in effecting behavioural and social changes within the society[2].Internet has disregarded geographical distances and separations in this new world order, as borders no longer have great impact on limiting people’s activities. Pe ople are encouraged to participate and contribute on different aspects which have drawn different experiences and pooled resources together. Actions and reactions have become instantaneous in cyberspace and this has made internet to be more gratifying and attractive. The resultant effect is that internet has impacted our society in almost all areas of human endeavours.The problem is that the impact has been both positive and negative and as such, caution has been advocated as a means in which citizens should approach the internet[3]. In matters of communication, technological advancement has been experienced in immeasurable quantities. There have been tremendous developments in the mass media industry including TV, radio, newspapers, telephone and wireless gadgets that have facilitated the communication between individuals. Advance research has led to development of space technologies and satellites which are used for communication thereby adding to the sophistication of the industr y. The geographical distance between individuals is no longer an issue as the technology has come to fill the gap[4].The Impacts of the internet and mass media on the society:It is a matter of fact that easy access to the internet, which includes the availability of personal computers with rather cheap prices, introduction of reliable internet services and establishment of internet cafes has changed the nature of people’s connection to each other in their social field. Physical proximity is no longer an essential in communicating to one another face to face. Technology has made it easier for rapid connections across long distances and people are now in a position to write electronic mails that are transmitted virtually immediately throughout the globe[5].Eskicumali argues that there are various aspects of the lives of individuals, especially the young people which have been altered by the internet. The basic nature of their relationships with one another has been greatly infl uenced by the internet. This is due to the reason that there has been a global diffusion of information and communication technologies that has expanded the domain of ‘absent presence’ which in turn has resulted to an erosion of face to face community centred relationships[6]. The internet has created new type of social relations and virtual communities that has not been formed ever since.These virtual communities are social network of individuals who interact through specific media, and potentially crossing geographical and political boundaries, so as to pursue mutual goals and interests. The internet has also impacted the social system in form of communication[7]. There is diversity in the internet-mediated communication which is displayed in different sectors such as politics, art, family, and mass media among others. It has become the bearer of different kinds of communication. This is due to several features of internet’s technical and textual structure whic h has promised to have a crucial impact on communication[8].Technology is said to be providing a link between individuals located at different parts of the world but at the same time, it can be argued that the same technology is creating enclaves for these same individuals. The use of technology can lead to situations whereby individuals find themselves glued to the use of modern technology and having little or no time to spend with others. The internet in particular has led to the development of social network sites which alienates individuals from socializing with their close friends and relatives as they are glued to chat-rooms with ‘distant’ friends[9].Interpersonal Communication:Technology can be used to either enhance or inhibit any given aspect of human life. It is however the interpersonal communication that would feel the effects of technology first. Historically, the modes of communication have been changing over time in line with the evolution of the society. People dispersed in various parts of the world and verbal communication was altered to letter writing so as ensure that there was communication. Individuals came with inventions on how to carry out the conversation as well as written communication amongst two members that were geographically apart. The telephone came up and most individuals thought that now the other forms of communication would become obsolete[10].With family and friends relocating to different parts of the globe, the telephone technology came in as a blessing in ensuring that family and friends could still stay in touch irrespective of the geographical barriers. The advent of computers has simplified communication even further by bringing to the forefront the concept of instant messaging between individuals who are millions of miles apart[11].   It should be noted that any advancement of technology in communication does not replace the existing one as each is capable of surviving by its own rules providing vari ous options to the individuals.The impact of technology on the interpersonal communication has also come with its demerits. Individuals have tended to side with the use of technology in communicating hence loosing on the ‘personal touch’ which is very essential in the communication process. Technology has provided room for individuals to loose the art of effective communication which can only be realized through face to face communication. This is accomplished by body language, eye contact, and any other observable feature when communicating. Social cowards are able to hide behind technology to air their disagreements as the technology offers some sort of false sense of security and ambiguity[12].Conclusion:The advancement in technology is often meant to better the lives of human beings. Nevertheless, the impacts of technological advancement come in two folds — advantages and disadvantages. What is important though is to look at the differences between the advant ages and the disadvantages in order to evaluate the net effect of the technology on human society. The advancement that has been made in the communication sector is great and has had far reaching impacts on the society in general. The internet in particular has led to critical impacts in the sharing of information as well as reducing the world into a global village where communication becomes instantaneous irrespective of the geographical distance between the communicating parties.With advancement in technology, interpersonal communication has been greatly affected since individuals have turned to the ‘faceless’ technology to communicate. This has had its merits and demerits. Though technology has eased the communication, the effectiveness of the communication has greatly been hampered. Though technology has two sides just like any other issue that may come up in the society, its merits especially in the communication sector are greater than the associated disadvantages . Technology is here to stay and it is bound to influence virtually all aspects of our lives. The internet for instance is ubiquitous in everyday life and its impacts are far from over given that technology is usually cumulative.Bibliography:Bergschneider, Veronica. Technology's influence on interpersonal communication, (2010). Retrieved on 20th May 2010 from;http://www.helium.com/items/1567920-technology-for-communicatingEskicumali, Ahmet. The Effects of Internet Cafes on Social Change in Turkey: The Case of Hendek. The Turkish Online Journal of Educational Technology, (2010). vol.9, no. 2, pp. 1-9Friedenfels, Roxanne. Social Change: An Anthology. Rowman & Littlefield. ISBN 1882289595, 9781882289592, (1998).Kedem, Carmella. The Social Impact of the Internet on Our Society, (1999), Retrieved on 20th May 2010 from; http://www.math.umd.edu/~bnk/CAR/project.htmLin, Carolyn, A. & David J. Atkin. Communication technology and social change: theory and implications. Routledge. ISBN 0805856 137, 9780805856132, (2007).Schiavo, Renata. The rise of e-health: Current trends and topics on online health communications, Journal of Medical Marketing (2008). Vol 8, pp 9-18.Westwood, Douglass. Impact of Technology Change. (2010). Retrieved on 20th May 2010 from;http://www.sociologyguide.com/social-change/impact-of-technology-change.php. [1] Renata Schiavo. The rise of e-health: Current trends and topics on online health communications, Journal of Medical Marketing (2008). Vol 8, p 10 [2] Ibid p 11 [3] Carmella Kedem. The Social Impact of the Internet on Our Society, (1999), Retrieved on 20th May 2010 from; http://www.math.umd.edu/~bnk/CAR/project.htm para 1 [4] Douglass Westwood. Impact of Technology Change, (2010). Retrieved on 20th May 2010 from;http://www.sociologyguide.com/social-change/impact-of-technology-change.php. para 4[5] Ahmet Eskicumali. The Effects of Internet Cafes on Social Change in Turkey: The Case of Hendek. The Turkish Online Journal of Educational Technology, (2010). vol.9, no. 2, p 2 [6] Ibid p 6 [7] Carolyn A. Lin & David J. Atkin. Communication technology and social change: theory and implications. Routledge. ISBN 0805856137, 9780805856132, (2007) p 175. [8] Roxanne Friedenfels. Social Change: An Anthology. Rowman & Littlefield. ISBN 1882289595, 9781882289592, (1998) p 65 [9] Ahmet Eskicumali . The Effects of Internet Cafes on Social Change in Turkey: The Case of Hendek. The Turkish Online Journal of Educational Technology, (2010). vol.9, no. 2, p 7 [10] Carolyn A. Lin & David J. Atkin. Communication technology and social change: theory and implications. Routledge. ISBN 0805856137,   (2007) p 190. [11] Veronica Bergschneider. Technology's influence on interpersonal communication, (2010). Retrieved on 20th May 2010 from;http://www.helium.com/items/1567920-technology-for-communicating para 3 [12] Carolyn A. Lin & David J. Atkin. Communication technology and social change: theory and implications. Routledge. ISBN 0805856137, 9780805856132, (2007) p 236

Reagan Revolution Through President Obama Essay

Ronald Wilson Reagan was the fortieth president of the coupled States of the States. He was well cognise for his sparing policies during his initial term, which later on became well known as Reaganomics. This policy included coarse task cuts which was started and implemented in 1981 Reaganomics was told to repair the morale of the the Statesn pack and so let them non be dep completeant on the g every basenment. Supply-side economics is the basis for this economic policy which aimed to stimulate growth of the economy. site at least (2) 2 major historical bit invests in the occlusive to a lower place discussion. One historical move point was more than twenty cardinal years ago, Ronald Reagan ordered American troops to busy Grenada and liberate the island from its ruling bolshy dictator. By itself this would take on been an insignificant soldiery action Grenada is a tiny island of exact geopolitical significance. But in naive existentism the liberation of Gre nada was a historic event, because it signaled the end of the Brezhnev doctrine and inaugurated a sequence of events that brought set ashore the Soviet empire itself. The Brezhnev Doctrine decl atomic number 18d simply that once a nation went communistic, it would stay Communist.In early(a) words, the Soviet empire would continue to advance and actualise territory, but it would never lose totally to the capita keep down West. In 1980, when Reagan was elected president, the Brezhnev Doctrine was a f chastenening reality. Between 1974 and 1980, firearm the get together States wallowed in post-Vietnam angst, 10 countries had move into the Soviet orbit in the s protrudeh Vietnam, Cambodia, Laos, South Yemen, Angola, Mozambique, Ethiopia, Nicaragua, Grenada and Afghanistan. Never had the Soviets lost an inch of real estate to the West. The liberation of Grenada changed that. For the first time, a Communist country had ceased to be Communist (http//www.historynet.com/american-h istory)A turning point for professorship Obama was on May 1, 2011, American soldiers killed base of operations leader Osama bin laden at his compound near Islamabad, Pakistan. Intelligence get by dint oficials retrieve bin Laden was responsible for umpteen deadly acts of terrorism, including the 1998 bombings of the U.S. Embassies in Kenya and Tanzania and the family 11, 2001 attacks on the Pentagon and the design Trade pertain. He had been on the FBIs most wanted list for more than a decade. This was not unaccompanied an historical turning point under President Obama this was a turning point for America.Analyze the impact of the two (2) or more major historical turning points selected on Americas trustworthy society, economy, politics, and culture. A historical point that wedge our current culture was the bombing of the World Trade Centre September 2001 this was considered to be the gravest attack of worldwide terrorism to be committed against America, and indeed the roots of Americas current War on Terror were born in this. As part of the plot by international terrorists to effectively strike against the United States the program was to cause great disruption to the dynamics of daily life, commerce, and finance. For some Americans, their grief manifested itself as anger and frustration, and they looked for someone to blame for the attacks. noble-minded Jerry Falwell made news by tell on his television program The 700 golf-club that I really believe that the pagans, and the abortionists, and the feminists, and the gays and the lesbians who be actively trying to make that an alternating(a) lifestyle, the ACLU, People for the American Wayall of them who have tried to secularize AmericaI point the finger in their face and say, You helped this happen. And sadly, some anger erupted into attacks on people of Arab and Muslim descent, with nearly 600 incidents in the first 10 days after(prenominal) the attacks. Five hundred furious people mobbed a Chicago-area mosque and ref utilise to leave until they were forced out by police.A Pakistani grocer was murder in Texas. A man on an anti-Arab rampage in Arizona fatally shot a be adrift post owner who was an Indian-born Sikh. (This type of confusion was uncouth since many Sikhs wear turbans, have beards and are seen as looking, as one told The sweet York Times, more like bin Laden than Muslims do.) FBI Director Robert Mueller said over and over again that vigilante attacks and threats against Arab-Americans will not be tolerated, but harassment and power at mosques and in Arab-American neighborhoods continued for months. September 11th changed America in so many ways. Culturally we started to target non Americans.(www.history.com)Explain ways in which the acquired immune deficiency syndrome epidemic shook Americans general confidence beginning in the 1980sThe disease was first inform in 1981 and it was caused by the human immunodeficiency computer virus (HIV) attacking certai n cells in the frame interfering with it ability to fight off many diseases, including cancer. ) And it was absolutely incurable. A diagnosing of acquired immune deficiency syndrome was a death sentence. The irruption of the AIDS truly shocked the American people in the 80s. At first the disease appeared to attack generally homosexual and bisexual men. Soon, though, health officials raise it to be affecting IV drug users, blood transfusion recipients, partners of AIDS victims and highest among African American women. Non one was exempt from the AIDS epidemic.Give at least two (2) examples of how the deregulation movement of the Reagan era affects us today.Discuss the pointual principle underside this nations decision to go to strugglefare with Afghanistan and Iraq after the 9/11 attacks as well as the response from the international community.One factual rationale behind the contend emerges the potential for atomic, biological, or chemical weapons development in Iraq. I n fact, Saddam Hussein had once used chemical weapons on his own people, another(prenominal) act that clearly contendranted suspicion from the United States. Such a vicious annoyance against ones people brings to set about two other common themes for the war with Iraq in 2003 removing the Hussein regime and speech a known villain and savage man to justice. Saddam Husseins rejection of the United Nations Resolution 1441 by forcing nuclear weapons inspectors out of his country also takes its place in the long line of motivations for the war defying the resolution gives the United States and any other member of the U.N. the right to take action, jibe to the resolution. Another rationale is reinforced by reports indicating that the United States had made the decision to invade Afghanistan two months before the 9/11 attacks. At least part of the range to this decision was the United States long-time support for UNOCALs proposed pipeline, which would transport oil and natural gas fr om the Caspian Sea region to the Indian marine through Afghanistan and Pakistan.15 This project had been stymied through the 1990s because of the civil war that had been deviation on in Afghanistan since the Soviet onanism in 1989. ( Rashid, Taliban 75-79 ) In the mid-1990s, the US governance had supported the Taliban with the hope that its military capacity would enable it to unify the country and put up a stable government, which could protect the pipeline. By the late 1990s, however, the Clinton administration had given up on the Taliban. When the chaparral administration came to power, it decided to give the Taliban one last chance. During a four-day meeting in Berlin in July 2001, representatives of the Bush administration insisted that the Taliban must create a government of national unity by sharing power with factions friendly to the United States.The US representatives reportedly said every you accept our offer of a rug of gold, or we bury you under a carpet of bom bs. After the Taliban refused this offer, US officials told a former Pakistani foreign repository that military action against Afghanistan would go forrard . . . before the snows started falling in Afghanistan, by the middle of October at the latest. And, indeed, given the fact that the attacks on the World Trade Center and the Pentagon occurred when they did, the US military was able to propagate to begin its attack on Afghanistan by October 7. Some may say that this war was a war of necessity bit others may say it was a war of choice.In conclusion, from Regan to Obama our country has seen its shares of disasters, economic failures and tragedies. under(a) both of these 2 term Presidents we have also seem growth and opportunity. down the stairs Regan, the most famous and admired was the introduction Economic Recovery Act of 1981. The solve of this act was to reduce the burden of income tax on the individuals .The introduction of this Act was jolly contentious as it gave rise to arguments in the congress. Under President Obama, we have health care reform, giving people the right to have affordable health care. address Pagehttp//www.historynet.com/american-historyRashid, Taliban 75-79www.history.com

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.