Thursday, October 31, 2019
Abuse of prescription of narcotics in primary care and its prevention Dissertation - 1
Abuse of prescription of narcotics in primary care and its prevention - Dissertation Example The prescription of opioids to assist the patients with malignant cancers has proven to be beneficial, but the increasing misuse and abuse of these medications by patients suffering from non-chronic pain has served to overshadow the benefits of opioids, despite the wide variety of medications available to treat non-cancer associated pain (Potter et al, 2001). While theoretically, the constant prescription of opioids is necessary and effective only in the treatment of malignant cancer-related, significantly more serious pain (Becker et al, 2011), health practitioners seem to have favored the prescription of these drugs in cases of all chronic pain (Potter et al, 2011). The supposition is therefore that this more widespread prescription has led to NUPM and PUPD. But it is not only the increase in prescription of opioids that can explain the ballooning of the incidence of NUPM. It seems that the failure of health professionals to monitor their patients’ use of drugs may also be a significant factor arguing for restraint, and even the cessation of the practice of widely prescribing opioids (Liebschutz et al, 2010). What are the conditions, consequently, that should accompany the distribution if opioids to patients? Is the only available, effective option to ban these medications outright, or would it be possible to formulate and implement policies that would effectively prevent abuse and misuse of these narcotics? A. Trends in the prescription of narcotics The findings of studies suggested that the varied barriers to the use of opioids must be addressed before any mandates or guidelines regulating the prescription of opioids can be implemented. Primary caregivers are more likely to be frustrated by the barriers, than by conforming to sets of guidelines. Therefore the prescription of opioids for the treatment of chronic pain in older patients is widespread. Spitz et al. (2011) found that the majority of the participants in their quantitative study were prescr ibing opioids to older patients, but only as a second or subsequent line of treatment. This initial reluctance may be due to the possibility of causing harm; the subjective nature of pain; deficient education regarding the effectiveness and consequences of using opioids; and the stigma attached to opioid use. Family members and the patients themselves were reluctant to try opioid treatment due to concerns regarding possible opioid abuse or misuse. In the findings of other studies, it was clear that significant attention had been given to the probability of substance abuse in patients prescribed opioids on a regular and ongoing basis. The clinical significance of the association between opioid use and common mental disorders is often overlooked. The evident lacunae resulting from the overemphasis on substance abuse, and the underemphasized incidence of mental disorders must be addressed. The prevalence of high-risk patients, in the prescription of opioid treatments, is a vital consid eration. Patients on opioid treatment were found to be two to three times more likely to seek mental health assistance by Sullivan et al. (2006) despite their not reporting a higher requirement for substance abuse treatment. In this cross-sectional study, it was found that continued use of opioids in participants, over the period 1988-2001, posed an increased risk for common mental disorders. This study illustrates the link between common mental disorders, as well as substance abuse, with the continuous use of prescribed opioids based on evidence from a large prospective population based data study. Furthermore, a lack of confidence among physicians relating to the prescription of narcotics can be discerned. Nonetheless, urine toxicology screening was rarely carried out either
Monday, October 28, 2019
Business and Virtue Ethics Essay Example for Free
Business and Virtue Ethics Essay Abstract For the purposes of this assignment we will analyze the Mattel case and discuss the actions of the company regarding the behavior and actions in conjunction with the Global Manufacturing Process that was implemented. Breaches of the two business ethics elements of integrity and egoism will be assessed. Within the discussion I have identified the virtues prudence, justice, fidelity, and courage that were largely violated by the Mattel organization and how it affected the employees of Mattel. We will discuss the implications of virtue, deontological, and utilitarian ethics regarding their potential usefulness in evaluation of the Mattel case. Introduction Mattel’s concept of Global Manufacturing Principles (GMP) was not a novel concept. The many forms of GMP including International Organization for Standardization (ISO) and Good Manufacturing Practices (GMP) have been around for decades and have worked to insure that specific industries are held to a standard that is industry wide. ISO’s model is â€Å"Say what you do, and do what you say†. When a company endeavors to become ISO qualified, it is required to document every activity (as a standard operating procedure, SOP) that occurs within the company and adhere to that process without deviation. ISO qualified companies are always subject to audit by other ISO registered companies and is initially audited by four such companies in order to acquire certification. Having been directly involved with ISO implementation at a former employer that supplied fasteners for manufacturing, I am fully aware of how involved the certification is. The company SOP was over 1000 pages. Additionally, another ISO company can and will come in and audit your company prior to electing to conduct business with your company. In some instances, ISO qualification is not enough to be awarded the business. The nutrition industry also adheres to the Good Manufacturing Practices, of which I was required to be certified in every year. Each department of the nutritional company I worked for had its own GMP standards that we were to adhere implicitly. The nutrition industry, while not regulated by the FDA, is controlled indirectly by the FDA. GMP is an FDA requirement. Having worked in two industries where the concept is not only expected, but required in some instances; I was not impressed by the fact that Mattel implemented GMP of their own volition for the sole purpose to improve public perception after misconduct was exposed by the media. Business Ethics Issue The one word that I found that resonates throughout the article, whether spoken or implied, is â€Å"integrity†. The incoming CEO stated that Mattel would behave in all actions with â€Å"unwavering integrity†and that the company’s commitment to the GMP remained unequivocal and undiminished. (Sethi, Shapiro, Emelianova, pg.490) Ironically, I identify the most noticeable and important business ethics issue as just that; a lack of integrity. Merriam Webster defines integrity as â€Å"the firm adherence to a code of especially moral value, the quality or sate of being complete or undivided, and the quality of being honest or fair. Mattel exhibited none of these traits insofar as where their GMP’s were concerned. In fact, there were numerous infractions regarding the non-enforcement of their GMP’s across the board in the Asia and Mexico based manufacturing facilities. The second ethics issue I identified was narcissism. Mattel implemented this GMP program with the attitude of ‘look at what we’re doing’ but with minimal effort to ensure the success of the program. According to Duchon and Drake (2009) extreme narcissistic organizations will establish these formal ethics programs but will not have much effect on hindering unethical behaviors. This was evident in that the supervisors at the factories knew what they were supposed to be doing; but found ways to circumvent the system and there were no reprisals as a result of their nonconformance. Ultimately, it was a program of words and not deeds. Three Virtues Prudence â€Å"Careful good judgment that allows someone to avoid danger or risks. †(M-W, 2013) In my opinion, a great deal of misfortune and hardship could have been avoided if Mattel would have practiced a modicum of prudence before ever moving their manufacturing to Asia. In a perfect world, and especially in a modern world we do not expect children to work. However, when dealing with underdeveloped countries; it is normal for children to work in conditions that would be an affront to any American’s moral nature having abandoned child labor decades ago. If Mattel had done due diligence, they would have known that the facility in Indonesia was operating in an unacceptable manner (Sethi, et al. pg. 486) and could have implemented working conditions and requirements from the get-go. Then the exposure by the media would have never been an issue. I have no doubt that the draw of paying lower wages and increased productivity was the catalyst to overlook the conditions in those overseas factories. Justice â€Å"The quality of being just, impartial, or fair. Conformity to truth, fact, or reason. †(M-W, 2013) The concept of justice was completely lost on Mattel. While the implementation of the GMP program was comprehensive; the execution and enforcement was unconscionable. The last paragraph of the GMP, exhibit 1 says that if â€Å"Mattel determines that any of its manufacturing facilities or vendors violate these principles, we may either terminate our business relationship or require that facility to take corrective action. If corrective action is advised and not taken, Mattel will immediately terminate current production and suspend placement of future orders. †(Sethi, et al.pg. 487). However, when audits were performed; the facilities were rife with infractions but there was no follow through when corrective actions were required. The facilities were allowed to continue to operate unhindered. Astonishingly, the 20 plus companies that were not owned by Mattel were allowed to operate without any disciplinary actions imposed by Mattel for infractions if any auditing was conducted at all. Considering the fact that both Mattel owned and vendor factories employ some hundred thousand plus employees; Mattel’s actions were nowhere near impartial, fair, or conforming to fact or reason. Fidelity â€Å"Quality or state of being faithful, accuracy in details. †(M-W, 2013) For this virtue, I am concentrating on the act of being faithful to the employees. Whether or not the GMPs were self-imposed or not, Mattel had an obligation to the people it employs. Throughout the article, it was found during audits that the employee’s time cards would systematically be incomplete where they were not being allowed to clock-out. This resonates that these people were being required to work overtime ‘off the books’. Employees were not being given the appropriate days off or vacation time. Some living conditions and canteen conditions were substandard. Fines were being imposed. (Sethi, et al. 2011) The list goes on and on. In my opinion, Mattel should have had impartial representatives on the ground in these factories to ensure that the rules for payment, working overtime, and work conditions were being upheld. There should have been constant supervision and vigilance on a corporate level. To think that audits that were being conducted every three years was comprehensive enough to get the job done was blind and narrow minded. Courage To go one step further. A virtue is an attitude. Courage is measured when there is risk involved; but also rationality. To be truly courageous there needs to be a clear picture of what a person’s values are. Courage does not need to be proven beyond a doubt. (Hartman, 2008) In the case of Mattel, I feel it was courageous to implement such a comprehensive GMP program although it was misguided and ultimately failed. An even more courageous act would have been to rehab the program and bring it to its full potential and fruition. The article does not mention whether Mattel experienced any loss of revenue as a result, but public perception is a fickle entity and once all of the attention over sweat shops and child labor overseas died down, Mattel was no longer under the microscope. Financially, Mattel was spending money it perceivably no longer needed to spend. Since their program was self-imposed; it is no surprise that Mattel just unceremoniously abandoned the GMP program after nine years. When some organizations implement and enforce codes as part of a self-regulation process and others do not, those who self-regulate invariably incur greater costs. These costs are usually passed onto the consumer who subsequently (and sensibly) choses the organization which offers the cheaper product. (Blackburn McGee, 2004) Virtue Ethics Virtues are attitudes, dispositions, or character traits that enable us to be and to act in ways that develop this potential. They enable us to pursue the ideals we have adopted. Honesty, courage, compassion, generosity, fidelity, integrity, fairness, self-control, and prudence are all examples of virtues. (Andre, Meyer, Shanks, and Velazquez. 1988) Virtue ethics indicates that business decisions should be made in a manner that attributes to the overall goals of the professional. It stresses activities and motives, what we do and why. Virtue ethics proffer that action and motive are connected to character and disposition. Actions are taken and decisions made because they are linked to a certain character. (Blackburn and McGee. 2004) â€Å"That â€Å"ought†does not imply â€Å"right†can be seen in another sort of case as well, namely, when what one ought to do in one’s circumstances results from one’s own prior wrongdoing. In such a case, doing what one ought to do may not be the same as doing a right act or a â€Å"good deed†. In fact, the same prior failure may both increase one’s level of obligation to do a given act now and decrease one’s level of praiseworthiness. †(Russell, 2008) The above quote is especially poignant in the Mattel case. Because Mattel implemented the GMP program on the heels of a media expose, the intentions were not solely based on the ‘right’ thing to do, but on what they ‘ought’ to do. Mattel probably did not get the recognition or good press they were looking for and therefore had no proclivity to ensure that the plan was a success. Utilitarian Ethics â€Å"Actions are approved when they are as such to promote happiness and disapproved when they have a tendency to cause unhappiness. †(Driver, 2009) We also know that utilitarian ethics work for the greatest good for the greatest number of people. Mattel directly employs over twenty thousand people throughout Asia and Mexico. If the happiness of those employees would have been considered; the pay, working conditions, time off, and canteen programs would have never been an issue. If the executives of the company would have experienced any of those adverse conditions, they would have cried â€Å"foul†all the way to an attorney. The employees are ultimately left without a voice and no recourse. Deontology â€Å"To act according to the maxim that you would wish all other rational people to follow as though it were universal law. †â€Å"Never treat a person as a means to an end. †(Pecorino, 2000) Kant contends that where morality is concerned, it is guided by law and therefore judgment is not necessary to fill in the blanks, because there are no blanks. He believed that people can conform to duty and not be morally limited. He believed that we could use indeterminate action-guidance for imperfect duties, and I’m paraphrasing; to weigh the moral options for decisions regarding duty towards others. Because that decision requires the minimum of our morality. Kant rejected virtue ethics. (McAleer, 2001) My opinion is that deontology would not work in the Mattel case. There are too many variables to consider in order to narrow down the maxim that will be comprehensive enough to include thousands of people over a number of cultural variances. Conclusion While the design of Mattel’s Global Manufacturing Principles may have been well intended and meant to improve the working conditions of the employees, the implementation was short-sighted and poorly executed. All too often when the few aspire to set standards for the many, the end result is a miscalculation. GMP’s are not a one size fits all type of endeavor. Each facility should have had a program that was custom to their country and working conditions. The ethical treatment of employees was the intention; but the ultimate governance was not enforced. The aftermath was the abandonment of the program due to the lack of interest and participation on the public and other companies in the industry. References Andre, Claire, Meyer, Michael and S. J. , Shanks, Thomas, Velasquez, Manuel. (1988) Ethics and Virtue. Issues in Ethics, V1 N3. Retrieved from http://www. scu. edu/ethics/practicing/decision/ethicsandvirtue. html on November 4, 2013 Blackburn, M. , McGhee, P. (2004). TALKING VIRTUE: PROFESSIONALISM IN BUSINESS AND VIRTUE ETHICS. Global Virtue Ethics Review, 5(4), 90-122. Retrieved from http://search. proquest. com/docview/235113539? accountid=28844 Driver, Julia. The History of Utilitarianism. The Stanford Encyclopedia of Philosophy (Summer 2009 Edition), Edward N. Zalta (ed. ), URL = . Duchon, D. , Drake, B. (2009). Organizational Narcissism and Virtuous Behavior. Journal of Business Ethics, 85(3), 301-308. Retrieved from ProQuest on June 1, 2012. Hartman, E. (2008). Socratic questions and Aristotelian answers: A Virtue-based Approach to Business Ethics. Journal of Business Ethics, 78(3), 313-328. Retrieved November 19, 2012 from ProQuest. McAleer, J. S. (2001). Kant and virtue ethics. (Order No. 3019123, Syracuse University). ProQuest Dissertations and Theses, 336-336 p. Retrieved from http://search. proquest. com/docview/304750337? accountid=28844. (304750337). Merriam-Webster. Retrieved on November 4, 2013 from http://www. merriam-webster. com/prudence Merriam-Webster. Retrieved on November 4, 2013 from http://www. merriam-webster. com/justice Merriam-Webster. Retrieved on November 4, 2013 from http://www. merriam-webster. com/fidelity Merriam-Webster. Retrieved on November 4, 2013 from http://www. merriam-webster. com/integrity Pecorino, P. A. (2000). The categorical imperative. Retrieved on November 19, 2012 from: http://www. qcc. cuny. edu/socialsciences/ppecorino/intro_text/Chapter%208%20Ethics/Categorical_Imperative. htm Russell, D. C. (2008). That ought does not imply right: Why it matters for virtue ethics. The Southern Journal of Philosophy, 46(2), 299-315. Retrieved from http://search. proquest. com/docview/218153933? accountid=28844 on November 4, 2013.
Saturday, October 26, 2019
Construction Industry Benchmark Report
Construction Industry Benchmark Report Construction Industry Benchmark The Review of the UK Construction Industry Benchmark Reports The first and foremost major report that reviewed the performance of the UK construction industry was enacted in 1929 and several other reports had followed suite up till the present time (Cain, 2003). Due to the multitudes of problems plaguing the UK construction industry, the UK government had at different times assembled teams of expert to bestow a panacea and impeccable modus operandi on the UK construction industry. Consequently, the UK government keeps reviewing each reports year after years for an up to date solutions for the UK construction industry by learning from the limitations of each report and re-examining the non-conforming of the industry to the findings and recommendations of the reports. Cain (2003) notes that the inspiration behind all the reports were the client concerns about the impact on their commercial performance of the inefficiency and waste in the UK construction industry. This chapter presents the review of various benchmark reports and initiatives of the UK government and construction industry as a response and panacea to the problems and imbroglio prevalent in the UK construction industry. Fragmentation, inefficiency and adversarialism had led to unnecessary high construction cost and poor functionality (Cain, 2003). Preceding chapters have elucidated on these problems and succinctly explored the benchmark reports in emphasizing the need for the UK construction industry to shift from its adversarial position and embrace a more integrated approach. The reports also charged the construction client to embrace co-operation and teamwork for an enhanced relationship among the supply chain members. This chapter reviews different reports that had shaped and are still shaping the direction of the UK construction industry. The recommendations of the reports which are regarded as a universal remedy for the adversarial make up of the UK construction industry are well highlighted. The BDB initiative will be left out since it has been discussed in earlier chapters. Major reports will be dilated more upon such as the Latham report, Egan Report and the Strategic Forum for Construction (SFC) report. CONSTRUCTING THE TEAM (The Latham Report of 1994) One of the earliest reports was Alfred Bossom Reaching for the Skies report of 1934 and different other reports such as Simon report of 1944 and Barnwell report of 1967 came afterwards before the Latham report of 1994 (Cain, 2003). In 1994, Sir Michael Latham report came into being with audacious recommendations to provide panacea to the quandary besmirching the UK construction industry. The Latham report vital message was that the client should be at the core of the construction process (NAO, 2001). It recommended more standardised construction contracts, better guidance on best practice and legislative changes to simplify dispute resolution (NAO, 2001). Cain (2003) notes that various reports before the Latham report all failed to have any impacts on the performance of the UK construction industry because of the industry continued sightlessness to its shortcomings. The UK construction industry had long been fraught with adversarial relationships, process fragmentation and ineffective planning. The continued reliance on the aforementioned failings had made the UK construction industry to still be enmeshed in its precarious state. It was however surmised by Cain in 2003 that the Latham report came as a catalyst in dissuading the construction clients from their unfavoured disposition and charged them to lead the reform movement. The Latham report Constructing the Team wished-for an understandable action plan with timescales, scheduled people to implement its recommendations and consequently sought the views of contractors and key private and public sector clients (NAO, 2001). It charged both the private construction client and the UK government that its recommendations implementation onus is on them and recommended that the latter should commit itself to becoming a best practice client (NAO, 2001). The Latham report identified inefficiencies which indicated the need for partnering and collaboration among the players in the construction industry. Teamwork was also identified and the report acted as a precursor for more initiatives. The Latham report led to the creation of the Construction Industry Board (CIB). Government benchmark reports and initiatives such as the Levene Efficiency Scrutiny report of 1995; the Egan report Rethinking Construction of 1998; the National Audit Office (NAO) report Modernising Construction of 2001; the SFC report; Accelerating Change of 2002; the Guide to the Construction Best Practice Programme (CBPP) of 1998; The Construction Client Charter; and The Movement for Innovation (M4i) were all designed to move the UK construction industry in the right direction. In its conclusion it affirms that if all its recommendations were put into practice, the potential for the achievement of efficiency savings of 30 per cent over five years in total construction costs is highly discernible and realizable (NAO, 2001). While the whole of this chapter is devoted to the review of the key UK construction industry benchmark reports, this section succinctly outline the key recommendations of the Latham report of 1994. As earlier noted at the beginning of the chapter, the first key recommendation of the Latham report is the need for the construction client to accept the onus of the reforms in the UK construction industry. It specifically emphasized that government being one of the biggest procurer of projects should commit itself and be acknowledged as a best practice client. It charged government to improve the training of its workforce for the achievement of the industrys goal of value for money and establish benchmarking arrangements to provide pressure for continuing improvements in performance. The report also noted that the private sector construction client is the biggest procurer of project and they thus need a unison voice to effect changes and improve standards. It was noticed that there was no single focus for the private sector construction client and a need was however identified. The setting up of an organisation called the Construction Clients Forum was recommended to represent the private sector client and provide influential voice, with responsibility for promoting forward thinking on key issues. The creation of the organisation was considered a priority. The report recommended that the Construction Sponsorship Directorate of the Department of the Environment be designated by Ministers as the lead Department for the implementation of the reports recommendations. Secondly, adjudication was acknowledged as the impeccable way of dispute resolution which must be introduced within all the Standard Forms of Contract and be underpinned by legislation. It emphasized that the impeccable solution is the avoidance of disputes. However, dispute can still abound despite concerted efforts of prevention. The report reckons that if procurement and tendering procedures are improved therefore there will be reduction in the causes of conflict. Mediation/conciliation was also acknowledged as another route of Alternative Dispute Resolution. Thirdly, the report recommended that the CIC should provide a guide to briefing that would assist the clients. It was also recommended that it should be part of the contractual process that the client should approve the design brief by signing it off. Also it was recommended that DOE should coordinate and publish a Construction Strategy Code of Practice (CSCP) to inform and advise the client. The CSCP should be legible and decipherable and circulated through all the government agencies. Fourthly, the report recommends the inclusion of detailed advice in the CSCP to all public clients on the specific requirements for selective tendering of EU directives. NJCC code of procedure was recommended as the focal point for the numbers of tenders for single stage tendering. It advised that clients that are subject to EU regulation must do away with open tendering procedures. It also advocated that client that procures their project through design and build approach should proceed by the following tender routes (1) On a single stage basis, not more than three firms should be invited with one other name in reserve (2) When a project is of complex nature and substantial, a two stage tender should be employed subject to EU considerations (3) When it is envisaged that ground investigation cost would be incurred by tenderers, they should be allowed to pool such cost by the retainment of single firm of consultants acting on behalf of them all (4) It should be made known in advance w hen a very large and expensive scheme is to be undertaken that a reasonable proportion of expense incurred by unsuccessful tenderers will be paid back to them (5) Based on quality and price basis assurance should be sought from the contractors that their own professional consultants will be retained. It recommends the creation of a more standardisation and effectual forms of contract, which tackle matters of simplicity, justice, roles and responsibilities, risks allocation, dispute resolution and payment (NAO, 2001). Fifthly, partnering was advocated by Latham for fostering long term relationship. It emphasizes that competitive tendering process should be used in seeking the partnering arrangement for a specific period of time. The partnering arrangement should be based on mutually agreed and measurable targets for productivity improvements. Training was however not well considered by the Latham review but it advised that the issue should be examined as a matter of urgency by the industry and the government. It also recommends that the industry should move away from the established structure that the industry handles contracts and works with designers and equal opportunity should be given greater consideration. It recommends the creation of a single central public sector register of consultants and contractors (NAO, 2001). This has led to the creation of ConstructionLine which is a central qualification database of contractors and consultants run by a public/private partnership with a Government steering group (NAO, 2001). Lastly, the report notes that the industry has invested little in research and development and that the DOE should take urgent step and involves clients in its research strategy programme which should be properly monitored. It also recommends the acceptance of 30% real cost reduction by minister and the industry. It recommends that clear definition should be given to the roles and responsibilities of the project manager. RETHINKING CONSTRUCTION (The Egan Report of 1998) In 1998, the Sir John Egan report came into being. The Sir John Egans construction task force presented it to the then deputy prime minister. The former Deputy Prime Minister, John Prescott commissioned the report in July, 1998 with the central message that the UK construction industry and its client can jointly act to improve their performance by applying best practices to improve the quality and efficiency of the service provided by the industry to its clients (AZoBuild, 2008; Construction Excellence, 2006). Cain (2003) notes that the basic distinction of the Egan report in comparison with other reports is its insistence on the extraction of best practice in supply chain management from other sector. It was commissioned as part of the Governments effort to improve the quality and efficiency of the service provided by the industry to its clients. The Egan report advocates the creation of a Movement for Change which would be a vibrant, motivating and non-institutionalised body of people who are an advocate of the upliftment of the UK construction industry (AZoBuild, 2008). It was also noticed that the report acted as a harbinger for cultural changes with outcomes such as the launch of M4i in November 1998 (AZoBuild, 2008). The report also emphasize that the industry needs to improve on their activities but it however believe the industry is capable of doing that (AZoBuild, 2008). Several demonstration projects were undertaken to exemplify the innovations advocated by the report which to public astonishment exceeded the reports targets in productivity, profits, defects and reduced accidents (AZoBuild, 2008). Demonstration projects are regarded as live construction projects that are either innovating or imbibing an element of best practice (Construction Excellence, 2008a). Lesson learnt from these projects are used in influencing the UK construction industry change (Construction Excellence, 2008a). The report stoutly consolidated the apprehension of clients at the high level of inefficiency and waste and similarly powerfully consolidated the earlier message of the call for integration (Cain, 2003). The report lucidly admitted that total integration of processes (design and construction) and the application of supply chain management are key to better value for end user client (Cain, 2003). Cain (2003) in his review of the Egan report averred that the report was highly critical of the UK construction industrys disinclination to the grapple of the benefits of greater commonality and standardisation of components and materials. It was revealed in the report that the industry had low profitability, too little investment in capital, research, development and training and that too many of the construction clients in the industry were not satisfied with what they are getting (Construction Excellence, 2006). Consequently, 5 drivers for change were identified by the report with 4 project process improvements and 7 targets for improvement, which are summarized in Fig.3.5 in the previous chapter. Egan recommendations also include the attainment of the UK construction industrys potential. The report notes that for this to be achieved the industry needs to shift from its present culture and structure of competitive tendering and replace it with long term relationships based on clear measurements of performance and sustained improvements in quality and efficiency (Construction Excellence, 2006). MODERNISING CONSTRUCTION (The NAO report of 2001) In 2001, NAO Modernising Construction report came into being with brave recommendations by summarising previous reports that had recently set the tone for the eradication of the quandary besmirching the UK construction industry. The reports provision includes an analytical appraisal of the factual effectiveness of the industry and the barriers that hamper improvement (Cain, 2003). The report is about how to modernise the procurement and delivery of construction projects in the United Kingdom that benefits the construction clients and the UK construction industry in general (NAO, 2001). It critically chastises the UK construction industry for its poor performance and the consequences this poses (Cain, 2003). The report is seen to be very influential in dissuading the construction clients and the construction industry to discard their old adversarial ways and imbibe the Egan best practice (NAO, 2001). In Cains review of the report, it was identified that the major impediments to improvement of the performance of the UK construction industry are (1) the separate appointment of the designers from the rest of the supply chain (2) limited application of value management (3) opposition to supply chain integration (4) inconsideration of the factual cost of construction processes and components (5) little single point responsibility in one hand of design and construction process (6) limited regards to end users needs and inconsideration of fitness for purpose of the construction (7) use by client of narrow and rigid specifications, which stifle innovation and limit the scope for value for money; and (8) less inputs of buildability. According to NAO (2001), the report is seen to be forward looking and underscores good practice being espoused by the industry which if widely applied could achieve much considerable improvements in construction performance achieving better value for money. It was noted within the larger spending departments and agencies estimate that by adopting new approach to procurement and management of construction, efficiency gains of over ÂÂ £600 million annually and improvement in the quality of construction was achieved (NAO, 2001). It was established that there is greater potential in the application of best practice that leads to improved profitability when comparison is made with the current industry average of one per cent of turnover (NAO, 2001). Furthermore, the report also shows that there is no provision of value for money in the acceptance of the lowest price bid in both the final cost of construction or the through life and operational costs (NAO, 2001). It was also noted that conflict and distrust which have contributed to poor performance have severed the relationship between the public sector client and the construction industry (NAO, 2001). The report emphasises the need for integration of the clients, professional advisers, contractors, subcontractors and suppliers of materials in order to better manage risk and apply value management and engineering techniques for the improvement of buildability and the elimination of waste from the process (NAO, 2001). This integration will be bring greater concentration to achieving a better construction which meets end users needs at a lower through life costs (NAO, 2001). Integration has the propensity of reducing through life and operational costs which consequently leads to greater certainty of time and budgeted costs of project (NAO, 2001). The report also charged the Department of the Environment, Transport and the Regions (DETR) to develop more sophisticated performance measures and provide more co-ordinated direction to initiatives to promote better performance by the construction industry (NAO, 2001). The report acknowledged the department collaboration with the construction industry in developing and promoting key performance indicators to measure construction performance such as (1) the operational and running costs of completed buildings (2) the cost effectiveness of the construction process (3) indicators for health and safety; and (4) quality of the completed construction. Lastly, the report emphasises the training of more staff for the effectiveness of the construction clients and the importance of partnering for the adversarial relationship that abounds in the UK construction industry (NAO, 2001). ACCELERATING CHANGE (The SFC Report of 2002) The first act of the then minister of construction, Brian Wilson MP were to announce the arrangement for the SFC and consequently the elongation of the Rethinking Construction programme for another two years which led to the publication of Accelerating Change in the year 2002 (SFC, 2002). In the ministers foreword for the publication, he was more impressed with the reports emphasis on creating a sustainable, customer focussed industry (SFC, 2002). He noted the best in the industry, with particular references to the Rethinking Construction demonstration projects, which showed that Rethinking Construction principles hold good in practice and deliver real tangible returns for clients, consultants, contractors, suppliers, and communities (SFC, 2002). The minister acknowledge that clients of the UK construction industry all want projects that exemplify superior whole life value and performance, excellent design and functionality, that are devoid of defect, delivered within budget and within the stipulated time (SFC, 2002). It was seen that the report did not come with something alien to the industry but it rather builds on and reaffirm the rethinking construction principles (SFC, 2002). The report presents better ways to tackle the hurdle to progress and identify ways to accelerate the rate of change (SFC, 2002). The chairman of the report Sir John Egan also emphasize his wish for the extinction of profligate and erratic process of lowest cost tendering as the main procurement route with its replacement with one where clients procurement is based on value for money against world class benchmarks and projects delivery by integrated teams of experts involved in continuous improvement in customer satisfaction, productivity, safety and value for money (SFC, 2002). Bruntland (1987) defines sustainability as development that meets the needs of the present without compromising the ability of future generations to meet their own needs. Sir Egan further stressed that the inability of the rethinking construction report to fully explore sustainability as a core issue was deliberate (SFC, 2002). He noted that concept of pre-planning must come before planning for sustainability and that the ability of pre-planning a project through from start to finish is a pre-requisite to the design in sustainability (SFC, 2002). Our vision is for the UK construction industry to realise maximum value for all clients, end users and stakeholders and exceed their expectations through the consistent delivery of world class products and services (SFC, 2002). The Forum reckons that for change to be accelerated, three key drivers were identified to secure a culture of continuous improvement namely: (1) the need for client leadership; (2) the need for integrated teams; and (3) the need to address people issues, especially health and safety (SFC, 2002). However, integration is the key theme of accelerating change (SFC, 2002). All the following were accentuated by the forum as discussed below. Accelerating Client Leadership The report indicates that most construction clients in the UK construction industry have access to independent, expert advice for meeting their business or project needs. For clients to receive better solutions in meeting their needs, advices covering such as a range of procurement and management options, including environmental performance, operating and whole life costs are vital. Irrespective of the procurement option, the achievement of maximum integration of the team at the most favourable time should be considered as indispensable in order to make the impeccably explore all available expertise, and central to the delivery of best whole life performance and maximising client value from construction. The report notes that the construction clients should make use of integrated teams and long term supply chains and keenly participate in their creation. The report affirms that to ensure the adequacy, consistency and independence of the service, clients can expect a list of basic com petencies and a code of conduct should be made available. The construction industry has various codes of practice and codes of conduct that can assist in bringing about output in this regard. Accelerating Integrated Teams A study to be coordinated by the Specialist Engineering Contractors Group in consultation with the industry and Government was recommended by the forum. This should be carried out to examine the impact of insolvency law and practice on construction supply chains and make recommendations for change by July 2003. The proposals are designed to provide the trust necessary to reinforce collaborative working. The report emphasize that the UK construction industry must espouse supply chain management techniques presently in use in the manufacturing industry to increase productivity, reduce time, increase cash-flow efficiency and thus minimise risk. Accelerating Culture Change in People Issues It was noted that the construction industry engages 1.5 million people. The report reckons that for the UK construction industry to flourish, it needs excellent quality staff with skill, integrity, reliability and safety too carry out their defined roles. The report also notes that one of the challenges facing the UK construction industry is attracting able personnel and training and retaining them. It was also seen that the employment of wide range of people is imperative over the next five years with skills in design, engineering and all construction crafts with figures placed at around 370,000. Moreover, due to the besmirched public image of the industry attracting brightest people to the industry is seen to be harder since they do not see the activity in the construction industry to be fulfilling and rewarding. Consequently, the forum identified five areas for particular attention namely: (1) Health and safety; (2) Pay and conditions; (3) Recruitment; (4) Training and competence; and (5) Image. Cross-Cutting Issues While the report notes client leadership, integrated teams and tackling people issues as drivers for change, the report further notes several other issues that can act as enabling vessels or impediments to change (SFC, 2002). Cross-cutting issues such as (1) Design Quality: For a successful realisation of any construction project the investment in high quality design by an integrated team is considered vital. By the integration of design and construction at the front end of a project, majority of value can easily be created. Safety, reduction in defects and lower operating cost of a structure can be realised through integrated, high quality design; (2) Information Technology (IT) and the Internet: The introductions of IT and electronic business (e-business), as enablers into the construction sector have brought about a lucid transformation of many operations in the construction sector with greater propensity for more. Its benefits are significant for designers, constructors and building operators. It tends not to be that easier in deriving maximum benefits from its introduction. Through the wider use of the internet and electronic procurement (e-procurement) greater potential exists for the reduction of infrastructure cost. The extensive adoption of e-business and virtual prototyping involve the construction industry transforming its traditional methods of working and its business relationships. The most vital impediments to this transformation include organisational and cultural inertia, scale, awareness of the potential and knowledge of the benefits, skills, perceptions of cost and risk, legal issues and standards. However, considerable potential benefits still abounds such as efficiencies and skills development from knowledge management, economy and speed of construction, improved business relationships, product and process improvement and technology and entrepreneurship; (3) Research and Development (RD) and Innovation: Investment in RD is essential to innovation and continuous improvement. It provides value to clients and improves profitability; (4) Sustainability: Sustainability can be considered as a driver for change. Its embracement in the construction industry can lead to a safer and less lavish sector; and (5) Planning System:Â A government reform in the planning system is well supported by the report. It considers a fair, transparent, timely and consistent planning system will help to eliminate waste promote responsible development. The forum reckons that if all these cross-cutting issues are properly managed and developed, they offer considerable opportunity of impacting on the pace of change (SFC, 2002). Charter Handbook (Confederation of Construction Client) Charter handbook was published by the construction clients forum. The charter handbook sets out the obligations that define a best practice client (Jones and Saad, 2003). It emphasizes the leadership role which the construction client needs to play for a rapid radical change in the UK construction industry (Jones and Saad, 2003). The handbook requires charter client to be at the front end of the drive for continuous improvement of cultural relationships throughout the supply chain with performance measurement used to provide proof of improvement (Cain, 2003). According to Cain (2003) the obligations of the charter client was listed by the handbook as follows: (1) yearly review and amendment as necessary their cultural change programme based on what has been experienced; (2) measure their respective performance in achieving their cultural change programme; (3) prepare a cultural change programme with targets for its achievements; and (4) monitor the effects of implementing their cultural change programme using key performance indicator (KPI) that suites the project. Jones and Saad (2003) note that it also requires the charter client to engage procurement processes that delivers the following improvements namely: (1) considerable reductions in whole-life costs; (2) significant improvements in functional efficiency; (3) a quality environment for end users; (4) reduced construction time; (5) improved predictability on time and budget; (5) reduction in defects; and (6) elimination of inefficiency and waste. Moreover, the handbook charged the construction client to consistently procure through integrated teams preferably in long term relationship (Jones and Saad, 2003). The handbook also emphasizes the importance of supply change management (Cain, 2003). Lastly, the handbook made it clear that consultants must be an integral part of both UK construction industry and the integrated supply chain (Cain, 2003). Movement for Innovation (M4i) In November 1998, the M4i came into being to implement, across the whole of the industry, the recommendations contained in the rethinking construction report (Construction Excellence, 2008b). The report came up with the proposition for the creation of a movement for change which would be made up of group of dynamic people inspired by the need for change (Construction Excellence, 2008b). Since the start of year 2004, it has been a part of the construction excellence (Construction Excellence, 2008b). Radical improvement in construction in value for money, profitability, reliability and respect for people, through demonstration of best practices and innovation was the main aims of the movement (Construction Excellence, 2008b). The report notes that benchmarking against M4i demonstration projects can considerably leads to excellent output or result (Construction Excellence, 2008b). The M4i demonstration projects have shown real benefits of best practice measures and innovations with over 180 demonstration projects being submitted by construction clients and contractors (Construction Excellence, 2008b). The report seeks to facilitate performance efficiencies to achieve sustained annual improvements of (1) 10% reduction in cost and construction time; (2) 20% reduction in defects and accidents; (3) 10% increase in productivity and profitability; and (4) 20% increase in predictability of project performance (Construction Excellence, 2008). All these are expected to be achieved through the following avenues namely: (1) product development; (2) project implementation; (3) partnering the supply chain; and (4) production of components (Construction Excellence, 2008b). The movement is involved in a range of services which include namely: (1) clusters; (2) working groups; (3) M4i board; (4) M4i teams; and (5) M4i clubs (Construction Excellence, 2008b). CONCLUSION There is no system or perhaps industry without its teething problems. Problems are encountered to be experienced and solved. Identifying areas of improvement is the first step in moving in the right direction. UK government and the industry have shown great concerns which have been yielding fruit even if it has not been of great measures. Subsequent chapters have deliberated on the besmirching situation of the industry which needs to be repa
Thursday, October 24, 2019
Pushing the Gender Boundaries in Sports :: Expository Essays
Pushing the Gender Boundaries in Sports When women and men participate in sports dominated by the opposite gender there is often overwhelming objection to individuals defying the norm. Often women are the people who attempt to participate in so called non-traditional sports. But just as importantly, men are struggling against a similar resistance. An example of this is when men participate on field hockey teams dominated by women, creating positive and negative implications to the game and also socially. However, individuals who make the move across gender boundaries in any sport are helping pave the way for equality in a sector of our society that is still bound to traditional sex roles. Historically field hockey was introduced in the United States to women. However, the game that originated in Europe and is played virtually all over the world is also played by men. The anomaly of only women playing field hockey is just an issue in the US and has lead to the recent controversy of men participating on all female teams from elementary school to the college level. Although title IX requires that equal opportunity for participating in sports be given to both males and females, the debate on the costs and benefits of this statute is still heated. Those who oppose men participating in field hockey claim that their presence on the field will change the nature of the "women's" game. The greater strength of men could make the game more aggressive or even violent, and potentially overpower the female athletes who are participating along their side. There has been a valid and long-standing claim, stating that female participation in sports provides an arena where girls and women can become empowered and gain confidence to face life's battles. Many people see men as a threat to this value suggesting that a mans presence on the field could intimidate the women, thereby dominating the game, and taking away a safe place for girls to grow and find their own strengths. Another argument in opposition to men participating in field hockey, as well as other female dominated sports is aligned with the idea of equality. It is suggested that despite title IX, females have yet to gain gender equality and are still not given the benefits that their male counterparts receive. Therefore, male participation in the traditionally female sports would be giving men opportunities that women are still fighting for.
Wednesday, October 23, 2019
Marketing Research Proposal Sample Essay
Introduction: Indian fruit Juice market is an unorganized and newly developing market. Only recently this sector is getting more organized and attracting more players in the market. Though the unorganized corner shop vendors dominate this market, Indian consumers are moving towards branded fruit Juice because of their improvement in health consciousness. Indian fruit Juice market is having a net-worth of 275 crores as of now and increasing at a rate of 35% to per year. This study was conducted to identify the existing market structure, industry trends, existing players and their tatus in the market, growth possibilities and consumer behavior of existing fruit juice consumers. The study was conducted to understand the total market intelligence so that it can guide any new entrant in this sector in Indian market would get befitted. The study includes both primary and secondary research. Primary research was conducted across India. Primary research involves collecting information from both consumers and retailers so as to get better understanding about the market. This research report can serve as a guide for any new entrant who wants to enter in this fruit Juice market in India. The report can also serve as a basic industry information resource. (http://www. reportbuyer. com/food_drink/country_overviews_food/ indian_fruit_]uice_market. html) Problem statement: Which factors influence the consumer purchasing decision for fruit drinks. Objective * To determine the product attributes influencing purchase decision of fruit drink brands. * To determine the reasons for consuming various fruit drink brands. To determine the most preferred SKU(quantity) in fruit drink category. * To determine the most preferred channel in the fruit drink category. * To determine most preferred fruit drink SCOPE * Study will be carried across different areas of Ahmedabad city. * People of different age groups will be considered in the Study. Study is concentrated on Carbonated and Non-Carbonated fruit drinks.
Tuesday, October 22, 2019
Free Fire Freedom Informative Essay
Free Fire Freedom Informative Essay Fire Freedom Freedom, as defined, is the power or right to act, speak, or think as one wants (Oxford, 2012) As followed, free speech is defined to be the right to express any opinion in public without censorship or restraint by the government (The Free Dictionary, 2012). Basing on how it is defined, free speech is not only significant in the society as a whole but also, it plays a more vital role in smaller organizations like universities and colleges. To many small organizations, freedom of speech is the key element to growth and development; new knowledge and prospected innovations are usually generated from a wide range of imagination that is then converted to words, whether in print or in vocal recordings. Thus, the non-practice of freedom of speech makes the society less liberated when it comes to criticism and changes. The narrow-mindedness that encompasses rules and regulations in these societies inhibits growth and development. When this is applied to our academic institutions, especially in higher education organizations, this would create even more unproductive minds in our worki ng society. Many academic institutions have misjudged the significance of free speech in our universities and colleges Many have thought that coming up with censorship rules would make communication in campuses more versatile and the students safer. However, these ideas have turned out wrong. The continuous censorship on almost everything, when it comes to speech, led to stunted growth and delineated spirit of being proactive among students. Supposedly, it is in college and universities where students are promoted to become more liberal in their thinking because this is one of the stages where rationality and critical thinking are necessary. As a stepping stone in preparation to the real world, what is invoked and inculcated in the universities become crucial factors as indicators of how we will be working out as part of the society. In instances that would allow free speech to be limited, if not removed, in colleges, we will just submit to the idea that we will be used to having our grievances and thoughts imprisoned in ourselves; we can never be able to express our angst, if we are suppressed and appreciation, if we are satisfied. The rationale that college will be fun because we will have the freedom to choose our class schedules and activities and we will have so many no-go in speech and in whatever we love doing (i.e. reading) is an irony. In the video presented in FIREs official site, a commentator even said that free speech is the key to campus life. We are in college to be free, in what we choose, in what we wear, in what we read and most especially in what we have to say about things we do and things around us. Zipping our mouth and chaining our hands is like blinding us from all the things around us. It is much understandable that speech needs cautions so that it shall be delivered harmlessly but there are also instances that what is cautious to us might not be very cautious to very conservative people. Eradicating free speech to any organization is eradicating liberty As part of being free, liberty should be observed. If this value shall be gone, what has been fought before for freedom will be forsaken. Aside from that, free speech is very important to colleges and universities because it is one of the few venues for intellectual freedom. We go to school, primarily, to learn and discover. We share ideas in school through our words and writings. We go to academic institutions to develop progressive thinking We all know that progressive thinking is what leads us to greater development. If free speech will be barred, how can progressive thinking continue? Are we ready to face the future with too many restraints because we always have to look after what we read, write and say? Declaring free speech is not acceptable to any college or university would only build up thoughts on how our academic institutions cannot accept criticisms among those who do not share the administrations ideologies. It is so funny that even the postings and likings in cyberspace becomes a reason for suspension or even detainment. How would the academic world flourish if even our educators are close to the possibilities of being told to have been wrong or biased on their thoughts? If criticisms will always be catered as something destructive, constructive criticism will never arise. Censorship to speech would only allow control of a one-sided administration to those who would want to be free in expressing their thoug hts and ideas. Censorship of speech in universities, later on, will only develop a community of fear among students. Fear, when heightened, will only destroy the valuable thoughts of our college students that will, in the future, be rulers of the nation. Free speech is a necessary ingredient in the society. Non-censorship of our speeches is what makes us different from North Korea. Our educators must always keep in mind that free speech is every Americans basic right.
Monday, October 21, 2019
Social Factors Contributing to the Juvenile Crime
Social Factors Contributing to the Juvenile Crime Free Online Research Papers One of the most notable causes of juvenile delinquency is fiat or the findings that a juvenile is delinquent by the juvenile court system without any trial, and the findings are only probable cause. Many states have laws that have less harsh treatment of juvenile delinquents than adult treatment. In return, the juvenile surrenders certain some of their rights such as a right to trial by jury, the right to cross-examine, and even the right to a speedy trial. Notable writings by reformers show that very few juvenile delinquents actually broke any law. Most were simply rounded up by the police after some event that possibly involved criminal action. They were brought before juvenile court judges who said they were delinquents, simply because the police on duty established probable cause (Wikipedia). Its clear many experts can give us many theories as to the causes of juvenile delinquency, including ones economic background, substance abuse, delinquent peer groups, repeated exposure to violence, increased availability of firearms and media violence. However, I feel that the number one cause of juvenile delinquency is the breakdown of families, including lack of parental control over children. It is ironic in America, today, one must have a drivers license to operate a vehicle, a permit to own a gun and even a license to own a dog, but one does not have to have training or a license in order to become a parent. Without specialized educational programs in child development and parenting, many of our future parents will not have a chance at becoming successful parents and many parents today are already contributing to the ever-increasing problem of juvenile delinquency simply by not knowing how to be parents. Being a parent is a lifelong commitment and new parents must learn parent ing skills immediately. they do not have the luxury of internships some mistakes in parenting will have drastic effects on the child. There are many reasons for the widespread crisis in families today. Changes in the Social Environment, there have been many changes in our social environment over the last twenty-five years. These changes have made a risky environment for todays youth. Juvenile delinquency incorporates not only general criminal activity but conduct that is only unlawful for youths such as running away from home and skipping school. Current research into this difficult and pressing issue reflects a vast range of theories about, and predictors of delinquency as well as several strategies to control and reduce overall delinquency. The consensus among practitioners and researchers however maintains that juvenile delinquency is a dynamic, multifaceted problem with numerous potentially causal factors. Investigators and professionals suggest that treatment procedures must focus on not only the immediate issue of the offenders deviant behavior but on every element within the context of that behavior as well, including family relations and social support services. Conventional practice has been associated with early preventive measures with positive delinquency reduction results. In particular at-risk youth and correction of minimally effective parenting techniques are critical to the prevention of future delinquency (Lundman, 1993). Numerous risk factors have been identified as indicators or predictors of juvenile delinquency and those factors represent dysfunction at several levels, specifically within the structure of the offenders family. Statistics on violent juvenile crime Reasons for Juvenile Crime One of the biggest problems, which the United States is faced with, is juvenile crime. The reason experts feel juvenile’s commit crimes is because of risk factors when they were younger but experts still have not found the main reason why juvenile’s commit crimes. Some risk factors associated with juvenile crime are poverty, repeated exposure to violence, drugs, easy access to firearms, unstable family life and family violence, delinquent peer groups, and media violence. Especially the demise of family life, the effect of the media on the juveniles today, and the increase of firearms available today have played a big role in the increase of juveniles crimes. The most common risk factor is the demise of the family life and the increase in family violence. Between 1976 and 1992 the number of juveniles living in poverty grew 42% and this caused an increase in crimes by juveniles. Many of these juvenile criminals have been abused or neglected and they also grew up in a single-parent household. Research has found that 53% of these children are more likely to be arrested, and 38% more likely to commit a violent crime as an adult, then their counterparts who did not suffer such abuse. The symptoms of child abuse are â€Å"high levels of aggression and antisocial behavior†and these children are twice as likely to become juvenile offenders. Also improper parental care has been linked to delinquency such as mothers who drink alcohol or take drugs during pregnancy cause their babies to grow up with learning disorders, a problem which leads them to be juvenile criminals. Another risk factor is the effect of the media on the juveniles of today. Before the time a child has reached seventh grade, the average child has witnessed 8,000 murders and 100,000 acts of violence on the television. There is no doubt that heavy exposure to televised violence is one of the causes of aggressive behavior, crime and violence in society. Television violence affects youngsters of all ages, of both genders, at all economic levels, and all levels of intelligence. Long-term childhood exposure to television is a casual factor behind one half of the homicides committed by juveniles in the United States. Television violence affects youngsters of all ages, of both genders, at all economic levels, and all levels of intelligence. Long-term childhood exposure to television is a casual factor behind one half of the homicides committed by juveniles in the United States. The increased availability of guns has played a big part in escalating the number of crimes committed by juveniles. In Los Angeles juvenile delinquency cases involving weapon violation grew by 86% from 1988 to 1992, which was more then any other type of juvenile offense. According to a University of Michigan study found that 270,000 guns accompany secondary school students to class daily. This is startling because it shows how many more juveniles are carrying guns and the juvenile use of guns in homicides has increased from 65 to 80 percent from 1987 to 1991. The possession of firearms plays a big cause in the delinquency of children and is playing a bigger role in the crimes which juveniles commit. Another cause of the increase of juvenile crimes has been the effect of children seeing multiple murders and other acts of violence on the television. Finally the demise of the family life and the increase in family violence has been the biggest factor in the increase of juvenile crime. Most of the youth who commit violent crimes or re offend do not have a strong family bond. This is what makes it easy for this particular youths to find that family life in gangs, and criminal circles. There needs to be more programs focused on rehabilitating the family and not just the child. There are many programs to assist in the efforts to help the family. Programs like Parent-Child Integration Training Program, recreation, and something a simple as therapy for the child as well as the parents. Issues surrounding violent juvenile crime The surge in youth crime and violence caused major problems society. Various groups public and private undertook the mission of trying to uncover the reasons juvenile crime was on the rise. Lawmakers responded by toughening existing laws and finding ways to try more juveniles as adults. Courts gave out stricter sentences, and parents and educators looked into various programs and methods geared to help their children and students deal with the situation. BALA, N. (2008). An historical perspective on family violence and child abuse: Allegations of Family Violence, 12 June 2007. Journal of Family Studies, 14(2/3), 271-278. Retrieved from Academic Search Premier database J J Wilson; J C Howell (1993). COMPREHENSIVE STRATEGY FOR SERIOUS, VIOLENT, AND CHRONIC JUVENILE OFFENDERS. Retrieved from US Dept of Justice Office of Juvenile Justice and Delinquency Prevention United States Turney, K., Harknett, K. (2010). Neighborhood Disadvantage, Residential Stability, and Perceptions of Instrumental Support Among New Mothers. Journal of Family Issues, 31(4), 499-524. Retrieved from SocINDEX with Full Text database. R Lundman (1993).Prevention and Control of Juvenile Delinquency en.wikipedia.org/wiki/ Juvenile delinquency Wikipedia, the free encyclopedia retrieved(n.d.) Research Papers on Social Factors Contributing to the Juvenile CrimeThe Relationship Between Delinquency and Drug UseEffects of Television Violence on ChildrenRelationship between Media Coverage and Social andInfluences of Socio-Economic Status of Married MalesUnreasonable Searches and SeizuresPersonal Experience with Teen PregnancyPETSTEL analysis of IndiaStandardized TestingCapital PunishmentQuebec and Canada
Sunday, October 20, 2019
The Continent of India essays
The Continent of India essays India, the largest democracy, the second most populous country, is located at 20Â ° N and 77Â ° E. India is bounded by Pakistan to north-west, Nepal and China to the north-east, Arabian sea to the south-east and Bay of Bengal to the south-west. The capital of India is New Delhi, a sprawling city with 11 million people. Indian history can be traced back over some 5,000 years. Many dynasties like Gupta, Mogul, and Sultans ruled India over centuries. The history of British India begins in 1600, with the setting up of the East India Company. Gradually they became the rulers and ruled India until it became independent in 1947 under the leadership of Mahatma Gandhi. After independence India was partitioned to create Pakistan, a Muslim state. According to Indian constitution, India is a "sovereign, socialist, secular, republic". The central government is patterned after the British parliamentary system. The government has three branches, executive, legislative, judiciary. The president is the head of the state and his duties are largely ceremonial. Prime Minister is the head of the government and he leads the cabinet, the council of ministers. India's bicameral parliament consists of the Council of States, Rajya Sabha, and the House of the People, Lok Sabha. The Council of is responsible to the Lok Sabha. The Council of states consists of 250 members House of People is composed of 550 members. India's natural resources are coal, iron ore, manganese, mica, bauxite, chromite, thorium, limestone, barite, titanium ore, diamonds, and crude oil. Its agriculture products are wheat, rice, coarse grains, oilseeds, sugar, cotton, jute, and tea. India's industry is based on textiles, jute, processed food, steel, machinery, transport equipment, cement, aluminum, fertilizers, mining, petroleum, chemicals, and computer software. India exports 4 billion in ...
Saturday, October 19, 2019
Recruiting and Selection Research Paper Example | Topics and Well Written Essays - 500 words
Recruiting and Selection - Research Paper Example The diversity and global nature of Best Buy business has created huge opportunities of careers in their Retail, Corporate, Best Buy Mobile, Geek Squad Services, Distribution/Logistics and Brands & Global businesses. As an example, Figure 1 lists the career opportunities available in the Retail sector: - (Best Buy, 2011) In the corporate sector as well, the opportunities are quite huge because of the dynamic policies and multi-dimensional growth in which large number of businesses are carried out by the company. This is evident from the leading brands of Best Buy as shown in Figure 2 which includes Audio Visions, The Car Phone Warehouse, Five Star Appliance, Future Shop, Geek Squad, Magnolia Home Theatre, Pacific Sales, Best Buy Mobile and Best Buy for Business. Best Buy is an advanced information technology company in which the entire process of recruitment is computerized. The job opportunities in different careers are posted on their website http://www.bestbuy-jobs.com where all the positions for which opportunities exist are listed with a powerful search option. This is also evident from Figure 1 and Figure 2 above which tells the types of designations for which positions are currently available. An intended candidate is offered a complete list of job description and on selection of the desired position and option for submission of bio-data and job application is offered. The process of selection is based on recruitment policies which are discussed in section III. (Best Buy, 2011) Another important method of recruitment is Third Party Labor. In this method, through a web portal, there is a list of Third Party Preferred Labor Providers who have approval for providing labor in the Best Buy stores. (Best Buy, 2011) The other methods that are offered include opportunities for students and entry level positions, hourly workers specially for working mothers, jobs by location and job by their
Friday, October 18, 2019
Monetary economics Essay Example | Topics and Well Written Essays - 2250 words
Monetary economics - Essay Example flow of capital can be supported with the example of Argentina which has experienced the floating exchange rate in the economy and the volatility and the evolution of the exchange rate which was not affected severely due to the international crisis in spite of the rise or the increase in the exchange rate. The arguments in favour and against the topic can be highlighted with the help of the statement that emphasizes that floating exchange rate is effective in implementing the monetary policy and ineffective or inefficient in implementing the fiscal policy whereas in case of the fixed exchange rate it is effective in implementing the fiscal policy and it is unable or incapable for formulating the monetary policy. In order to derive at the conclusion in ascertaining whether the floating rate has been able to control the inflow and outflow of cash it is required to consider various factors which includes the inflation rate, the credibility of the policy makers, the flexibility in the labour market, the size and the openness in the economy, maintaining of capital mobility and the extent of financial development. The main aim or the objective of floating exchange rate in controlling the inflow and the outflow of capital is reducing the volatility in the exchange rate and also maintaining the monetary stability in the economy (Arnold, 2008). The floating exchange rate generally considers the economic and financial structure and policies in the economy and the intervention of the central bank in the foreign exchange market either dealing in the spot market or dealing in the forward market for developing the regulation and reserves of the capital inflow and capital outflow. The floating exchange rate focuses on increasing the capital inflow and mitigating the excessive capital outflow. The balance of payment is considered as an important instrument for controlling and dealing with the related inflow and outflow of capital in the economy. Balance of payment is
Royal Mint Production Management Case Study Example | Topics and Well Written Essays - 3000 words
Royal Mint Production Management - Case Study Example It is clear that Royal Mint wants to establish itself as a low cost producer through economies of scales i.e. Mass Production at a reduced cost. Companies plan and forecast the demand according to the future needs of the market. Forecasting demand assists in decision making with respect to investment in plant and machinery, market planning and future sales. Some of the popular forecasting methods include In this Case, Royal Mint Estimates the demand on Time series basis. In the UK, the Treasury contracts with Royal Mint on an annual basis for the likely requirements for coin in 12 months. The Mint meets every three months with executives from the UK clearing banks to discuss their currency requirements in the shorter term. These estimates are then updated at weekly planning meetings and the demand is forecasted and Royal Mint follows a Just in time work schedule. Based on these estimates, the raw material is procured and safety stock is maintained. Agile manufacturing is the ability to accomplish rapid changeover between the manufacture of different assemblies. Rapid changeover is further defined as the ability to move from the assembly of one product to the assembly of a similar product with a minimum of change in tooling and software. Rapid changeover enables the production of small lot sizes, allowing for just-in-time' production. Inventory Control - Safety Stock Inventory control is a planned approach of determining what to order, when to order and how to order and how much to stock so that costs associated with buying and storing are optimal without interrupting production and sales. Safety stock is an important measure to be calculated regarding inventory. This ensures efficient purchasing, storing, consumption and accounting for materials. This also ensures that there is no shortage of product and there is adequate supply of product to customers. This improves delivery time and increases the reliability measure of a company. Inventory Control must be established to avoid huge accumulation of inventory. The Order level and Order quantity must be estimated prior to avoid shortages and reduce the customer lead time. These estimations in practical aspects are not accurate to the core. The estimations might be either higher or in some cases below the exact demand. To avoid this discrepancy, Safety stock is determined. In order to ensure that additional stock is maintained to meet the customer demand, the Safety stock level can be calculated as per the following formula. Safety stock = (Maximum Lead time - Normal Lead time) * Consumption rate Q2.Explain the criteria which the Mint will need to take into account when it designs newcoinage. The criteria which
Persuasive method of Tesco Christmas Advert 2014 - Lights on Essay
Persuasive method of Tesco Christmas Advert 2014 - Lights on - Essay Example The Gen pen has been made better by the use of water resistant ink. Buy 4 get 1 free at this back to school season†The complete pictorial representation is a metaphor reflecting the professionalism associated with the Gen pen. The representation is quite appealing to capture the audience’s attention. Every element of the image captures a particular information. My intention in using a students image is to be able to capture the main writing target audience. Generally, the image aims at winning loyalty in the use of the Gen pen by ensuring the effectiveness and quality of the pen. My choice of a smiling student has several reasons for its use. To start with, a smiling face implies lack of troubles. In other words, it conveys a message of comfort. This assures the TA of the pens effectiveness while writing. The smiling face acts as a point of attracting attention. For the TA to have an interest to read the advert, it must be appealing and calling out to the audience. I opted to use the exact pen positioning of the tip pointing towards the handwritten work while the other end heads downwards. First, the pen’s tip acts as a pointer towards the handwritten work. The handwritten work has its implications as well as seen later. The pointing therefore acts as an enhancement to ensure that the TA has had a view of the handwritten work. Furthermore, the positioning of the pen from downwards to upwards helps to reflect the ascending ladder an academic system. It implies a progressive continuation of this ladder that also helps to create awareness for the need of education. The fast moving white fumes that are exiting at the pen’s tip convey a message of high speed. I opted to use this in order to convey a message of convenience. It is obvious that the speed may be essential when writing. For this reason, I opted to convey a message that the Gen pen is designed to allow high speed in writing. The student flying on the pen is
Thursday, October 17, 2019
Propose a solution to a problem Essay Example | Topics and Well Written Essays - 1250 words
Propose a solution to a problem - Essay Example According to a report by the Pew Hispanic Center, 57% of the persons entering America illegally as at 2004 were contributed by Mexico. Southern American nations accounted for 24% of the immigrants, Asia9%, Europe combined with Canada accounted for 6% the rest of the world including Africa accounted for 3%. In this paper I will be taking a broader look of the whole immigration problem and proposing a solution for the government. The immigration law in the US has been and continues to be at the stage of heated political debates for decades now. Policy makers have to struggle with balancing between maintaining competitiveness globally through the tapping of top of foreign talents and curbing illegal immigration through beefing up the security of our national borders. Policy discussions are now focusing streamlining the process through which visa applications are made and addressing the problem posed by millions of persons already living in America illegally majority of which are youth being brought in by the parents. The focus is also directed at the implementation of effective local policies that do not jeopardize public trust in the government especially within the communities of immigrants. Such efforts positively signal a step in the direction of implementing a lasting and workable solution the current ever growing problem of illegal immigration (Lee, 2013). However, the enactment of comprehensive law reforms to address the whole issue of illegal immigration into the United States at the level of Federal Government has been at a standstill during the past few years forcing President Obama to take the approach of enforcement- based policies for curbing the issue in his first term of tenure. At the same time, restrictive laws by some states such as Arizona’s SB 1070 highlight the uncertainties that exist between states and the federal government in terms of authority over policies to address immigration problems. But following
Strategic Management for Dell Case Study Example | Topics and Well Written Essays - 2500 words
Strategic Management for Dell - Case Study Example This will help to come up with new production and operation mode that will take the company back to the top. In its earlier operation, the success of the company has been based on the two aspects that helped it to gain competitive advantage in the market. The first aspect was in its product model. While most of its competitors remain with the earlier production model where they would manufacture computers ready for sale, Dell utilized the post-fordism model of production in which products were tailored to the needs of the consumers. The end of the production process for other competitors acted as the starting point of production for Dell. This was an important process that helped it to keep track of the manufacturing process and ensured that the company had the control of the process right from the start to the time the product was delivered to the consumer. It was a production process that is lead by the descriptions of the consumers. However this had an effect on lowering the innovative part of the company. While other companies worked to develop computers that assumed new features, Dell remained to wait to the customer description in order to tailor made the products. (Darlin, 2006) The other aspect of growth for the company was the price advantage that it had over the other competitors. In this case the production model which ensured that the company had less expenses when it came to inventory control and therefore was able to market its product less. The marketing strategy for the company also helped to eliminate middle men in the process and delivered the product right from the company to the customer. This also reduced the price of its product. These are two of the strategies that the company should be working on in the new strategy. They are strategies which helped it to grow and which can also help it to acquire a large segment of the market again. Which are the specific areas that the companies need to address in its new strategy There are number of areas that the company will need to emphasize on in order to reclaim its market and to prosper in growth. These areas include the production process, marketing and meant penetration and diversification. Production process There are minor changes that need to be made in the production process. While the production process has helped the company to cut a competitive edge in the market, it has not been effective in helping it to address the various changes that arise in the operation environment. The production strategy was useful in the beginning when the level of completion was low but it has been losing its effectiveness with time owing to changes taking place in the environment. The production process was sensitive to the market the production cost and it helped to deliver production on time to the consumers. This shows that it helped to meet the demands of the consumer in having products made to their demand and to suit their tastes. But the competitors have been working on new strategies to beat this model while not copying the Dell production model. They have been banking on production of styled computers with many enhancement with are new to the consumers. Rather than going to ask from the consumer what they want so that they can tailor made computer for them, they have been
Wednesday, October 16, 2019
Persuasive method of Tesco Christmas Advert 2014 - Lights on Essay
Persuasive method of Tesco Christmas Advert 2014 - Lights on - Essay Example The Gen pen has been made better by the use of water resistant ink. Buy 4 get 1 free at this back to school season†The complete pictorial representation is a metaphor reflecting the professionalism associated with the Gen pen. The representation is quite appealing to capture the audience’s attention. Every element of the image captures a particular information. My intention in using a students image is to be able to capture the main writing target audience. Generally, the image aims at winning loyalty in the use of the Gen pen by ensuring the effectiveness and quality of the pen. My choice of a smiling student has several reasons for its use. To start with, a smiling face implies lack of troubles. In other words, it conveys a message of comfort. This assures the TA of the pens effectiveness while writing. The smiling face acts as a point of attracting attention. For the TA to have an interest to read the advert, it must be appealing and calling out to the audience. I opted to use the exact pen positioning of the tip pointing towards the handwritten work while the other end heads downwards. First, the pen’s tip acts as a pointer towards the handwritten work. The handwritten work has its implications as well as seen later. The pointing therefore acts as an enhancement to ensure that the TA has had a view of the handwritten work. Furthermore, the positioning of the pen from downwards to upwards helps to reflect the ascending ladder an academic system. It implies a progressive continuation of this ladder that also helps to create awareness for the need of education. The fast moving white fumes that are exiting at the pen’s tip convey a message of high speed. I opted to use this in order to convey a message of convenience. It is obvious that the speed may be essential when writing. For this reason, I opted to convey a message that the Gen pen is designed to allow high speed in writing. The student flying on the pen is
Tuesday, October 15, 2019
Strategic Management for Dell Case Study Example | Topics and Well Written Essays - 2500 words
Strategic Management for Dell - Case Study Example This will help to come up with new production and operation mode that will take the company back to the top. In its earlier operation, the success of the company has been based on the two aspects that helped it to gain competitive advantage in the market. The first aspect was in its product model. While most of its competitors remain with the earlier production model where they would manufacture computers ready for sale, Dell utilized the post-fordism model of production in which products were tailored to the needs of the consumers. The end of the production process for other competitors acted as the starting point of production for Dell. This was an important process that helped it to keep track of the manufacturing process and ensured that the company had the control of the process right from the start to the time the product was delivered to the consumer. It was a production process that is lead by the descriptions of the consumers. However this had an effect on lowering the innovative part of the company. While other companies worked to develop computers that assumed new features, Dell remained to wait to the customer description in order to tailor made the products. (Darlin, 2006) The other aspect of growth for the company was the price advantage that it had over the other competitors. In this case the production model which ensured that the company had less expenses when it came to inventory control and therefore was able to market its product less. The marketing strategy for the company also helped to eliminate middle men in the process and delivered the product right from the company to the customer. This also reduced the price of its product. These are two of the strategies that the company should be working on in the new strategy. They are strategies which helped it to grow and which can also help it to acquire a large segment of the market again. Which are the specific areas that the companies need to address in its new strategy There are number of areas that the company will need to emphasize on in order to reclaim its market and to prosper in growth. These areas include the production process, marketing and meant penetration and diversification. Production process There are minor changes that need to be made in the production process. While the production process has helped the company to cut a competitive edge in the market, it has not been effective in helping it to address the various changes that arise in the operation environment. The production strategy was useful in the beginning when the level of completion was low but it has been losing its effectiveness with time owing to changes taking place in the environment. The production process was sensitive to the market the production cost and it helped to deliver production on time to the consumers. This shows that it helped to meet the demands of the consumer in having products made to their demand and to suit their tastes. But the competitors have been working on new strategies to beat this model while not copying the Dell production model. They have been banking on production of styled computers with many enhancement with are new to the consumers. Rather than going to ask from the consumer what they want so that they can tailor made computer for them, they have been
Advertising and Potential Buyers Essay Example for Free
Advertising and Potential Buyers Essay Advertising is a favorable representation of product to make consumer, customers and general public aware of product. It let the potential buyers, general public and end users to be aware and familiar with the brands and their goods and services. Before going on the importance of advertising, we would have an introduction to advertising first. Advertising can be define as a paid form of non – professional but encouraging, complimenting and positively favorable presentation of goods and services to a group of people by an identified sponsor. It does not include distribution of free samples or offering bonuses, these are sales promotion. In simplest words advertising is introduction, to consumers and general public, of services and goods. See more: Satirical elements in the adventure of Huckleberry Finn essay Many people think that advertising a product means to sell it. But real aim of advertising is to make general public and potential buyers aware of goods, products and services available under a brand. Advertising is a form of communication used to persuade an audience (viewers, readers or listeners) to take some action with respect to products, ideas, or services . Advertisers consider advertising a way to communicate with a particular audience. These advertisements are most common when an advertiser introduces a new product or brand in a category that consumers are already aware of. For example, when a company introduces a new flavor of potato chips. Consumers are familiar with snack foods and chips, but perhaps not this specific brand or flavor. The immediate purpose is awareness. Ideally, the consumer is then interested and will engage in trying the product, leading to purchase, and loyalty to the new product or brand. There are even some appeals which are used in advertisement. Appeals play a very important role in an advertisement. Appeals play a role of bringing life in a particular add. There are some appeals like emotional appeal, youth appeal, sex appeal, adventure appeal etc. these appeals have different features of their own. These appeals are used in order to attract customers and to force them to buy the product. In a successful business, advertising play an essential and important role. Though advertising does not mean selling of products and services but it helps in increasing your sells. Advertising create awareness in people. When general public be conscious to the products, services and goods under the brands and pursuit people towards brands and make them buying better brands. Advertising can be used to create brand awareness in general public and to make business more popular within the circle of potential buyers. Advertising, in a straight line, increases profit of the companies by escalating its revenue. The expenditure made on advertisement can turn as good boost in earnings. This mode of advertising advertises brands via newspaper, pamphlets, brochures, magazines, journals and books. By this mean of advertising brands can let know people, who are connected directly and indirectly connected with non – electronic media, about their supplies. It also includes banners and posters. Non – electronic media is in reach about every local. Advertising on print media is comparatively cheaper than advertising on television. Advertising on internet is getting more popular with time. It is the most ample platform available till date, for advertising and sharing news and creating awareness. You can get your advertising reached to every corner of the wo rld.
Monday, October 14, 2019
Case Study Claim For Damages In Negligence Scenario Law Essay
Case Study Claim For Damages In Negligence Scenario Law Essay In seeking to effectively advise Steve and Tina in relation to whether they have a claim/claims for damages arising out of the facts of this scenario for negligence, it is necessary to look to deal with the evidentiary aspects that are considered to be involved with the claim. As a result, this will involve looking to provide for recognition of the evidence that both Steve and Tina would be required to present (including any particular witness evidence) related to the need for there to be a recognised duty of care that was breached that was proximate leading to a recognised harm in fact so as to then be able to serve to substantiate each of their claims as they arise. Moreover, there is also a need to look to comment on as to how successful Steve and Tinas claims would be in looking to take account of the evidence that is available along with any defences that may possibly be levied on the facts. With this in mind, this means that it is necessary in advising Steve and Tina to look to analyse the facts as they are presented and give reasons for the view that is given whilst also referring to any relevant case law and/or legislative provisions as and when and where they are considered to be applicable in relation to each of the points made individually and collectively. Finally, this essay will look to conclude with a summary of the key points that have been derived from this discussion with a view to then advising Steve and Tina with regard to as to whether they have a claim/claims for damages arising out of this scenario as it is presented on the facts. First, with a view to effectively advising Steve and Tina, there is a need to show an understanding of the fact that, whilst the burden of proof in a given case is dependent upon the circumstances that lead to the particular claims arising on the facts. However, in the case of civil actions for damages, such as those arising on the facts of this scenario that Steve and Tina are now looking to claim for, the burden of proof normally falls upon the party that is affirming something to be the case (i.e. Steve and Tina) and not upon the party that is looking to make a denial (i.e. the other parties that are involved on the facts). [1] Nevertheless, it is also to be appreciated that, by majority, the House of Lords recognised in the case of Re H Others [2] that, the more serious an allegation was that was made on the facts, the less likely it was going to prove to be true so there was a need for stronger and more weightier evidence to be provided to prove it in the circumstances. On this basis, the legal burden falls upon Steve and Tina for establishing the essential elements of their respective claims for damages for negligence on the basis of the facts of this scenario and advise Steve and Tina accordingly. Therefore, Tina and her husband Steve (who was driving) were going along a lane in the country one summers evening at 8.00pm beside North Berwick to their favourite restaurant The Crusty Crab for a meal whose entrance is also an exit and consists of a very sharp blind bend that is used by both goods and customer vehicles. The problem is that as Steve approached the entrance to the restaurant car park at The Crusty Crab, he slowed down, but confidently took the bend worried that they would be late for their table booking since they were concerned that it might be given away but, as he entered the restaurant grounds, he collided with a large Heavy Goods Vehicle (HGV) that was reversing out onto the lane. Therefore, in advising Steve and Tina regarding their claims for negligence against the other parties involved on the facts and the evidence as it stands, it is to be appreciated that the recognition of a duty of care is ostensibly a legal obligation that is usually placed on an individual like Steve (who was driving), the HGV driver, the owners of The Crusty Crab, and Dr Bill so they must adhere to a reasonable standard of care to avoid foreseeable harm to others. This effectively means it is for the plaintiffs (i.e. Steve and Tina) to articulate a duty of care which one or more of the defendants has breached to proceed with a negligence claim because breaching a duty of care may subject them to liability. [3] In addition, there is also a need to articulate what is understood in relation to evidence of the duty of care in the claims brought against the defendant in any given case who is found to be in breach of such a duty of care in the event their conduct has fallen short of the standard they were expected to meet respectively in the circumstances. Generally, any defendant like Steve, the HGV driver, the owners of The Crusty Crab needs to provide evidence with a view to then meeting the standard of what is considered aspirational for a reasonable man [4] fundamentally revolved around the idea the standard of objectivity expected is based on what could be expected of a reasonable person because perfection cannot be expected. [5] On this basis, it is necessary to advise Steve and Tina that there will be a need to consider whether Steve and the HGV drivers actions are in keeping with the actions of reasonable people on the facts and also as to whether the owners of The Crusty Crab were reasonable in having a blind entrance and exit used by both customer and goods vehicles. Ostensibly, Steve and Tina will be advised that the court must first consider what the defendants knew so that the witness statements of the parties will become of great significance because, to illustrate the point, it was found in the case of Roe v. Minister of Health [6] that a defendant will only be liable if a reasonable person would have also foreseen the loss or damage in the circumstance. However, it is also to be appreciated that the eggshell skull rule recognises a victim of harm should be taken as they are found so if they have a particular unknown defect that makes them more susceptible to injury than the person inflicting the injury can still be held liable. [7] In addition, it is also necessary to advise Steve and Tina in relation to the degree of risk because it has come to be understood that the greater the risk that is involved with a particular activity, the greater the precautions that were needed on the facts. [8] This effectively means that it will have been necessary to look to see whether the entrance and exit at The Crusty Crab was effectively delineated in view of the fact that it was a blind turn, as to whether the HGV driver had his warning lights on and reversing warning system enabled and was also driving slowly and with due care and attention. More importantly, however, there is a need to note that the driver of the HGV actually had what is considered to be adequate turning space on the evidence of the facts as they stand to turn the vehicle in the car park of the restaurant as opposed to reversing out so that he would have had more awareness of other road users in the way that most other people would have done when faced with the same situation. Similarly, Steve and Tina need to be advised that, when looking to enter the car park, it is open to question as to whether Steve was driving with due care and attention and was looking to enter the car park at The Crusty Crab on the basis of the facts as they stand here. It is then necessary for the court to look to consider how practical these precautions were in advising Steve and Tina since, for example, in the case of Wilson v. Governor of Sacred Heart Roman Catholic Primary School [9] a primary school was deemed not negligent for not employing someone to supervise the playground after the close of school hours so the test for how practical precautions are is about looking to strike a balance of reasonableness of precautions against foreseeable injury. Moreover, there is a need to evaluate the social importance of a defendants activity because in the event that a defendants actions are deemed socially useful they may then be considered justified for taking greater risks [10] although that is unlikely to be the case here. Finally, in effectively advising Steve and Tina there is a need to evaluate as whether there is any common practice in relation to the acts and omissions of each of the given defendants on the evidence. This is because it has been recognised that, in the event that a defendant in a given case is found to have complied with common practice in their activity, they will usually be considered to have met a reasonable standard, unless the court considers the practice negligent. [11] At the same time, however, in advising Steve and Tina with regard to the claims brought there is a need to consider the matters of proximity and remoteness in relation to whether there enough evidence to show the events transpired are considered sufficiently related to a legally recognisable injury to be its cause through the consideration of causation in terms of the but for test and proximate cause. The but for test is on the fact a defendant will only be liable where the claimants injuries would not have occurred but for their negligence i.e. the HGV driver, the owners of The Crusty Crab, and Stevel although the defendant will not be deemed liable if the damage would, or could, on the balance of probabilities have occurred anyway because the loss or injury sustained by Steve and Tina must not be too remote to ensure any liability is fairly placed on the right defendant. [12] Therefore, the issue of causation in relation to Steve and Tinas claim for damages for negligence primarily relates to the causal relationship between conduct and result to connect conduct, complete with actus reus, with the resulting harm [13] in a concerted effort to produce results that are generally considered to be both just and fair in their nature. [14] Steve and Tina also need to be advised with regard to as to whether Dr Bills activities as a third party in providing the couple with medical treatment at the hospital effectively serves to break the chain of causation regarding the acts of the other potential defendants. With a view to making a decision, this is largely dependent upon whether the intervention in question was foreseeable with the general rule being that the original defendant will be held responsible for harm caused by a third party so long as it was a highly likely occurrence. [15] In advising Steve and Tina in this regard there is a need to consider whether there is a Novus Actus Interveniens (i.e. a new act intervening) and is thus considered a general defence in the law of tort. This is because a third partys act (like that of Dr Bill) will serve to intervene between the original act or omission and the damage produced as a result, unless that original act or omission is still considered the main contributing factor to the damage because the act of the third party had no impact upon the events as they unfolded. [16] This is because this could amount to a third partys inadvertent contribution since, for example, in R v. Cheshire [17] the victim was shot and taken to hospital where he suffered pneumonia and other respiratory problems and was placed in intensive care where he was given a tracheotomy but still later died. The court found there was an element of medical negligence because the tracheotomy the patient had been given caused a thickening of the patients tissue leading to his suffocation. As a result, Lord Justice Beldam established the following test that recognised Even though negligence in the treatment of the victim was the immediate cause of his death, the jury should not regard it as excluding the responsibility of the accused unless the negligent treatment was so independent of his acts, and in itself so potent in causing death, that they regard the contribution made by his acts as insignificant. [18] At the same time, however, in effectively advising Steve and Tina it is to be appreciated that, whilst there may have been an element of contributory negligence related to Steves injuries (in the accident he sustains whiplash injuries to his neck and bruising to his chest caused by the impact of his seatbelt) if the evidence shows that he was failing to fulfil his duty of care to drive with due care and attention in the interests of his passenger (i.e. Tina) and other road users (i.e. like the HGV driver), Tina may also have contributed to her own injuries. This is because of the fact that, seconds before the vehicles collided, Tina took off her seatbelt in anticipation of getting out of the car quickly to rush into the restaurant because of being late for their reservation so as to sustain similar, but more serious, whiplash injuries to Steve. As a result, as a victim, Tina effectively contributed to her own injuries illustrated by the decision in the case of R v. Dear. [19] In this case on the facts a man, believing the victim had sexually interfered with his daughter, attacked the victim with a knife. The defendant then argued the chain of causation had been broken because the victim later committed suicide so it became necessary to determine whether the injuries inflicted by the defendant were a significant cause of, or contribution to, the victims death. Nevertheless, as to whether the resumption or continuation of that bleeding was deliberately caused by the victim, the defendants conduct remained the most significant cause of death. [20] . As for the matter of Steve and Tina being taken to the local hospital, Steve and Tina also need to be advised in relation to their treatment by a junior doctor, Bill, (inexperience is no defence so a junior staff member should always seek help from a more experienced staff member [21] ) who has just read an article in a medical journal about a new and experimental treatment using acupuncture for whiplash injuries written by the Chairman of the Acupuncture Society, Dr. D. Odgy. The Acupuncture Society involves a group of doctors who support the use of acupuncture as much as possible in the treatment of common road traffic injuries and so, on the basis of the aforementioned article, Bill treats both Steve and Tina with acupuncture. As a result of this treatment, their injuries become worse so that both Steve and Tina have to return to hospital 3 weeks later to be treated conventionally when they then feel much better and recover within days. Steve and Tina need to be advised that this is effectively an example of medical negligence perpetrated by Dr Bill. This is because, as professional people, medical personnel are held ready to give medical advice or treatment so someone like Bill also impliedly undertakes they are possessed of skill and knowledge for a purpose equivalent to any reasonable practitioner and cannot be held to the same standard as an ordinary person. [22] This effectively means that the standard of care becomes what can be expected of a similar reasonable professional doctor like Bill a special standard of care. [23] Therefore, as to whether or not someone like Bill is a registered medical practitioner, [24] it is also to be appreciated in advising Steve and Tina that someone like Bill who is consulted by a patient is commonly considered to owe them a duty of care on the basis of the recognition of the evidence on the facts since that is what they are trained to do in exercising reasonable care and skill in diagnosing, advising and treating them [25] and them alone. [26] As a result, Steve and Tina need to be advised that a breach of this duty of care on the part of Dr Bill to Steve and Tina causing an exasperation of their personal injury claims will serve to support a claim for negligence on the facts by the patient along with some compensation for any financial loss accrued on this basis. [27] In advising Steve and Tina, however, there is a need to recognise that an error of judgment will not necessarily amount to a claim for damages for an act of negligence on the part of Dr Bill unless it would not have been made by a reasonably competent practitioner acting in keeping with an ordinary duty of care that is judged against the current state of professional knowledge [28] or where there are differing and well-established professional schools of thought. [29] This is because, as has already been recognised, Dr Bill had just read an article in a medical journal about a new and experimental treatment using acupuncture for whiplash injuries written by Dr. D. Odgy as Chairman of the Acupuncture Society that involves doctors who support the use of acupuncture in the treatment of common road traffic injuries. However, on the basis of the available evidence, Steve and Tina need to be advised that the treatment that was administered to them by Dr Bill will be held to be negligent. Therefore, this would serve to make him and potentially the hospital also vicariously liable as Dr Bills employer if it cannot be shown to the courts satisfaction the opinion relied upon is reasonable or responsible [30] unless (i) there is a practice normally and usually utilised; (ii) the defendant has not adopted it; and (iii) the course of action is one that no professional of ordinary skill would have taken had they been acting with ordinary care. [31] To conclude, having sought to advise Steve and Tina in relation to whether they have a claim/claims for damages arising out of the facts of this scenario, it is to be appreciated that it has been necessary to look to consider what is ostensibly involved with a successful claim for damages for negligence against each of the defendants as they are identified on the facts. To this effect, as has already been recognised, there is a need for Steve and Tina to make successful claims for negligence on the basis of their being (i) a duty of care; (ii) with a breach of that duty; (iii) that was proximate and not too remote; (iv) leading to recognised harm in fact. [32] On this basis, it would seem arguable that it is possible for Steve and Tina to look to raise claims for damages for negligence against the HGV driver, the owners of The Crusty Crab restaurant and Dr Bill (along with a claim against Steve by Tina although this may be unlikely as it will most likely depend on the nature of their relationship and as to whether Tina blames him in anyway). But at the same time there is also a need to appreciate that, in advising Steve and Tina, both of them may have actually contributed to their own injuries in view of the fact that Steve may have breached his duty of care by driving without due care and attention and the fact that Tina released her own seatbelt before the car that Steve was driving in came to a halt. In addition, it is arguable that there was a novus actus interveniens in this case that only served to further exacerbate the injuries that both Steve and Tina sustained that may also serve to be a case of medical negligence. This is because, in looking to treat Steve and Tina at the hospital, Dr Bills treatment of them actually served to make their injuries somewhat worse and he would thus be considered negligent along with the hospital vicariously unless (i) there is a practice normally and usually utilised; (ii) the defendant has not adopted it; and (iii) the course of action is one that no professional of ordinary skill would have taken had they been acting with ordinary care. [33] The reason for this is that, as has already been recognised in the advice provided to Steve and Tina, Dr Bill had just read an article in a medical journal about a new and experimental treatment using acupuncture for whiplash injuries written by Dr. D. Odgy as Chairman of the Acupuncture Society that involves doctors who support the use of acupuncture in the treatment of common road traffic injuries and based their treatment on this.
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