Saturday, November 16, 2019

Equality of women in the workplace

Equality of women in the workplace Companies around the world are currently going through a period of transforming and changing. Some are expending their business globally and there are some who wonder how the changing will effect or give an impact on their organization. As we know, men and women are entering the labor force in equal numbers but the majority of top mangement positions is still belong to men. The failure of more women to break the upper levels of corporate management is due to the glass ceiling. In economics, the term glass ceiling refers to situations where the advancement of a qualified person within the hierarchy of an organization is stopped at a lower level because of some form of discrimination, most commonly sexism or racism. However, since the term was coined, glass ceiling has also come to describe the limited advancement of the deaf, gays and lesbians, blind, disabled, and aged based on the defination in Wikipedia. There are many types of glass ceiling such as religious discrimination, different pay for comparable work, sexual, races, ethnics and even harrasment in the workplace. Other than that, exclusion from informal networks like preconceptions and stereotyping of womens role and abilities is also one of them. Another types of glass ceiling are lack of family-friendly workplace policies and policies that discriminate against gay  people, non-parents, or single parents. There are many reasons that causes the glass ceiling. One of the reason is job segregation. Job segregation is the concentration of women and men in different types and levels of activity and employment. Normally, men tend to be highly concentrated in the upper levels of professions such as managers, supervisor, production supervisors and also executives. Women on the other hand, tend to be in the status of lower level and lower paid professions such as teachers, secretaries, receptionists and nurses.  Women also measure success in the workplace differently than men because women place a higher value on their positive interpersonal relationships and feelings whereas men tend to measure success by high salaries, promotional opportunities and job titles. There is also opinion that saying glass ceiling is voluntarily choose by some women. For example, men tend to work harder in order to get good pay and women tend to choose to work less hours or may not want to extend their work duration in order to organized their children and spend more quality time with their families. There are some organizations that provide their employees with family-friendly programs that offer options such as flex-time which employees can choose their own work hours, employee-assistance programs and child care nursery which allows their workers to have a better chance of balancing their work lives and home. Unfortunately, women may feel reluctant to take advantage of these programs as they feel it may lessen than chance for being success within the company. Besides, part of the reason lies in leadership  stereotypes. It is still a strong view that women are viewed by many others as weak and soft whereas good male leaders are mostly known as tough and powerful.   More or less, this appears to affect career choices as the organization may have a perception that women is weak and not qualified for the positions especially the top management positions. Women and men also differ in their career gaps. Men are not influence to take a leave of absence. For example, when one of their children is sick, women is most likely to have to take the leave because men seldom do that. Men also refuse to work on a part-time job in order to get additional or side income when compared to women. It is maybe because they are shy that people would know when they have two jobs as mentioned earlier that men tend to measure success by high salaries and job titles. Other than that, most of the employers have the believe that women may quit the job when they want to begin a family and get married. Therefore, the organizations are less likely to invest in womans career by appointing them as the top management position. In order to let the organization hire a woman as one of upper levels of corporate management, they must show the dedication and willingness to take on new challenges and risks and be vocal about their personal ambitions. SUMMARY AND DISCUSSION Today, women represent more than 40 per cent of the global workforce as they have achieved higher levels of education than ever before. Unfortunately, their share of upper management positions remains unacceptably low, with just a little tiny ratio succeed in breaking through the glass ceiling. According to the journal, the main topic that been highlight is about the impact and how gender diversity influence the career development of women being a director or one of the top position in the organization. There are three key areas that focus on women directors which are theoretical perspectives, characteristics and impact. Theoretical perspectives comprise of individual, board and firm. Individual consist of human capital, status characteristics and gender self-schema while board consist of social identity, social network and social cohesion, gendered trust, ingratiation and leadership. Firm level includes in resource dependency, institutional and agency theories. Characteristic review in four levels which are individual, board, firm and also industry and environment such as demographics, social capital, role, size, commitment, shareholder distribution, performance and economic environment. Impact also focus on the same level such as role models, governance performance, decision making, glass cliff effect, talent and also recruitment and retention. Glass ceiling exist because of few factors such as occupational sex discrimination, childcare responsibilities, stereotypes and gender discrimination. The perception of women can also lead to a problem because there are some belief that women are unqualified and they might have their own agenda. Organizations are very much concerned about hiring, retaining and promoting women to higher level but few are making the necassary changes to make a difference. Women hold less powerful corporate titles, fewer multiple directorships and earn considerably less than men. Men are more likely to have the collective trust whereas women believe in collective trust as well as relationship trust. The impact of women as a top management postition dwell in different level. In areas where they are very much represented in the pool from which leadership is drawn, women still do not move into leadership positions in equal ratios. The reason is women typically hold up on too much share of the burden in balancing their job and family. Sadly there are so much barriers that prevent women to become one of the top position in an organization. One of the barrier is the environment in a workplace. Organizational cultures, employees attitude, racial stereotype commonly limit women from completely participating in the organizations. Working parents, especially mothers, usually have to deal with family obligation which they often have to choose between their job and family. They actually require flexibility at work. Women often lack the right type of job experience to move foward. The experiences they have normally do not suit the promotion criteria. Equal but different? As mentioned earlier, men and women are entering this labour force in equal numbers but why is that women is being treated as minority group and a weak person? In this paper, i have attempted to contribute to glass ceiling by exploring how glass ceiling affect the women in achieving their dreams. Women often to have less power or right to control, judge, or prohibit the actions of others than men in the organization. They face different challenges and most likely they should have a required skills to be successful in the organization compared to their male counterparts. This is due to glass ceiling that appear to have in every organizations directly or indirectly. Men and women are seen differently because men want to see and analyse if women have the capabilities and the qualification that fit to be in the upper level management. The inflexibility of our culture builds an organizational resistance against the values that women and people with disabilities bring to the workplace. Women need to be guide and support through the challenge. The organization should revamped the assessment in order to exclude gender discrimination and conduct an exit interviews in order to determine the reason why women leave positions. Mostly, women will have less salary compared to men because the employers sometimes view women as they are not devoted to their work. In organizations, the progress of women and disable people appears to be affected by more than career choices and qualifications. Today there are some organizations that appraise, measure and do changes to their organizations policies and procedures in order to attract talented women to work in a diversifying work force. Doesnt mean that when there are still difficulties in the working environment, women should stop trying to achieve their dreams. They should always think positive that one day women will no longer treated as a minority and a weak person instead they are being treated equally as men. It is important for them to strive and go for what they dream of because they might be able to break the glass ceiling. SUGGESTION / RECOMMENDATION Recently there have been many changes that organizations are trying to intergrate so that more women can be a part of the top management position and achieve their dream. Some of the examples are work from home, flexible timing and so on. There are few recommendations that i would like to suggest that may helps in changing the perception and mind-set of certain people towards glass ceiling. The recommendations are: Women will have equal access to jobs if the government enforce the anti-discrimination legislation at the workplace. Provide various training that emphasize on the workplace equality, values and their importance and the consequences of gender discrimination. Part-time workers must have the same entitlements and benefits as full-time workers and make sure all employees conditions and benefits are equally distribute. Providing education and enough informations about sexual harassment and directly implement no-sexual harrasment policies to create a note of respect in the workplace. Creating a forums for women so that whenever they have issues affecting them in the workplace or jobs, they can always discuss it there. Develope a programmes to help employers acknowledge the capabilities and the benefits that women can bring to their businesses. Evaluation must not be rated based on employees gender, but it must be evaluated by their performance. Implement a family-friendly policies that will help supporting women at work which include the flexible working hours, child care nursery and other facilities, parental leave for women and men and many more. Organizational leaders should learn on how to enhance or upgrade the developmental and advancement opportunities for women and take responsibility for removing barriers. CONCLUSION In a nutshell, it seems that glass ceiling are still exsist in an organization and women have made a great tread in smashing on the glass ceiling but have not quite broken through it yet. In order to compete on a same level with men, having an access to line experience and management training it very important. Other than that, women must also have a good and effective communication skills that can give the opportunities for better interaction with others. Women also must have the ability to cope effectively and positively under pressure and willing to face of challenges, criticism and setbacks. It is easy to jump to the conclusion that successful elimination of glass ceiling requires not just an effective enforcement strategy but also the involvement of employers, employees and others in identifying and reducing attitudinal and other forms of organizational barriers encountered by women in advancing to higher level management position in different workplace setting. Organization also need to embrace the concept of diversity and redefine leadership model in organizations so that this will let women bring value to and integrate into leadership structures.

Wednesday, November 13, 2019

Three Characters with Good Intentions in Shakespeares Romeo and Juliet :: Shakespeare, Romeo and Juliet

Based on the impulsive, irrational Veronese society, many of the characters in Romeo and Juliet believe that they are doing everything â€Å"all for the best.† Three characters which exemplify this fully are Lord Capulet, Tybalt and Friar Lawrence. All the characters are products of their own society, Veronese society. Status is everything, money buys anything. Woman must marry well and produce many offspring. Men believe strongly in defending their honor by any means available especially violence. When there is a fight in the market place, Capulet rushes to fight for his honor, â€Å"my sword I say, old Montague is come...† Capulet denies Paris’ request to marry Juliet â€Å" and too soon marred are those so early made,† acting for his own good because he wants Juliet to produce many offspring to carry on the Capulets bloodline, since she is his only surviving child. When at the ball Capulet demands Tybalt to let Romeo be,† content thee, gentle coz, let him alone,† but this just fuels Tybalts anger towards Romeo, which eventually ends up in Tybalt causing his own death. Capulet believes he is giving his child the best when he announces her engagement to Paris† she shall be married to this noble earl,† and believes Paris will make a good husband for Juliet. When Juliet refuses Capulet thinks it best to threaten her, â€Å"I will drag thee,† but this just makes Juliet turn to more drastic measures. When asked by Benvolio to make peace in the streets, Tybalt bluntly responds,† talk of peace, I hate the word. As I hate hell all Montagues.† This is the attitude of Tybalt throughout the play. He believes he is doing all for the best and uses violence as his tool. He gets angry at the ball with Romeo being there, â€Å"villain as a guest,† and believes it best to defend his family’s honor by later taking revenge. When Tybalt finds Romeo, he thinks it best to fight him and when he ends up killing Mercutio he believes he has done his duty by causing Romeo the same hurt he has brought Tybalt, â€Å"the injuries that thou hast done me.† Friar Lawrence is by the far the character that displays â€Å"working for the best,† the most. The three main events are the marriage, the plan and the death, all three of which the friar is very involved. The friar originally marries Romeo and Juliet in hopes that the feud between the two families will end, â€Å"to turn your households’ rancor to pure love.

Monday, November 11, 2019

SWOT Analysis on Electronic Arts Sports Essay

Background of the Company Electronic Arts (EA) are an international organization that deals with the development, marketing, publishing and distribution of video games all over the world. US census bureau identified electronic arts as software publishers industry. EA is well-established and independent producers of video games and according to the study by Thompson (2007), EA made global market up to $35 billion. In 2005, it was observed that the US made sales up to $7 billion along with the video games made by EA, and this amount was predicted to grow more in order, to set a record. The prediction was made on the analysis that retailers would be purchasing an Xbox 360, Sony’s new play station and Nintendo Wii in bulk. But, unfortunately, the originality of new consoles tapered off and a decline in sale was observed by 2010. There are various factors that contribute to progress the popularity and demands of video games among masses. Likewise, these video games were made, themed and styled to satisfy needs of all age groups specifically youth. Secondly, graphics play an important part in expanding the fame and demand of video games. EA showed a tremendous growth in the global market by meeting the needs of customers and by marketed the items properly, exactly according to the increasing budgets, sale promotions and advertisement levels. The growth of the company is evidenced that from the increased employee requirement and industry size. No matter, up to what extend the company has grown, in the competitive market there are always some opportunities, and threats that based on the company’s strengths and weaknesses (Allen, Blakeman, & DeMaiolo, 2011). This paper serves to provide the SWOT analysis of EA sports video games in order to evaluate that where EA sports stands in the global Manfred, T. (2013, September 26). EA Sports Cancels Its College Football Video Game Amid A Wave Of Lawsuits. Retrieved November 17, 2013, from businessinsider.com: http://www.businessinsider.com/ea-sports-cancels-ncaa-football-videogame-2013

Friday, November 8, 2019

Marketing Coursework on Cadbury Essays

Marketing Coursework on Cadbury Essays Marketing Coursework on Cadbury Essay Marketing Coursework on Cadbury Essay Essay Topic: The Birth Mark Cadbury is a successful company known for its chocolate bars. The market is very competitive and it is becoming more and more difficult to find new products that achieve long term success for the company. I have been given the job as sales and marketing director for Cadbury and I have to develop a new product for the company. Cadbury is a successful company well known for selling chocolate bars. Over the past 10 years Cadburys have produced a wide range of chocolate bars aimed at different target markets, which has had varied degrees of success, both in the uk and abroad. However the market is getting more competitive and it is becoming a lot harder to produce new products for long term success for the company. Cadburys Richard Tapper Cadbury moved to Birmingham from the West Country in the 1790s, his son John Cadbury owned the shop next door to his father and sold tea, coffee, hops, mustard and unlike most cocoa and drinking chocolate which he made himself using a mortar and pestle. Cocoa and drinking chocolate was established in the 1650s and had remained an luxury enjoyed by the high class of the English society. Johns customers were members of the richest families of Birmingham at the time, which could afford to pay for the cocoa. John Cadbury experimented with the cocoa using his mortar and pestle and produced a wide range of cocoa and chocolate drinks. Later on John added sugar and sold his products in a block which was added to hot water or milk. John Cadbury promoted and advertised his products until he rose to being one of the leading tradesman of Birmingham and helped his shop grow. Soon later he became one of the first cocoa and drinking chocolate manufacturers. Benjamin Cadbury the brother of John joined the company and they became the Cadbury brothers of Birmingham. A larger factory in the centre of Birmingham was bought. Taxes on cocoa were dropped which made chocolate available to a wider selection of people so the business boomed however the partnership ended and John retired living his sons, George and Richard to run the business and they became the second Cadbury brothers of Birmingham and were awarded their first Royal Warrant. The brothers discovered process for pressing the cocoa butter from the cocoa beans. This allowed the brothers to sell a new cocoa essence and all sorts of new types of eating chocolate which had never been made before. The business outgrew the bridge street factory so the brothers moved to a Greenfield site which later was called Bournville. The business carried on growing and the brothers started producing milk chocolate for eating which would not be of good quality now but at the time was a revolution and their was big competition with the Swiss and their fancy chocolate. Richard had a sudden death and George became the chairman, Richard and Georges sons became directors and Cadburys growth did not decline. By the 1900s all sorts of chocolate products were being made and Cadbury released their first and biggest selling brand Cadburys Dairy Milk. Cadburys today has factories all over the world and still maintains in being one of the biggest chocolate confectionary companies in the world. Cadbury Products Cadburys brand has a wide consumer base with all ages and types of people buying it. This means that Cadburys Dairy Milk was never really targeted at a specific market. This was because Cadburys Dairy Milk is an old product but its repretation from the past allows it continueing in being one of cadburys leading products. Fuse was launched in 1996 it is packed with lots of snacking ingredients and is aimed at those people whose fast moving lifestyles find them snacking. The target market is the 16 to 30 years the ones who are usually snacking. More than 250 different ingredients were tested in the making of this product. It took 5 years of planning to launch the fuse and cost 10 million pounds. It was mainly made to fill there gap in the developed market. When the fuse bar was launched it was a massive success and rose confectionary goods bought up within the year. Target Markets Most products produced today have aimed their products at a specific group of people like say a drill is targeted at a man who does some DIY or a sewing machine more at older women etc. This is easy enough but when you get further down to something less specific like confectionary goods each different brand but the same thing a chocolate bar still try and target different groups or into different groups for why they are bought. For example Cadbury roses is a product that is not bought for self indulgence or for snacking but more for a gift for someone else. However a regular Cadburys dairy milk would not be bought as a gift but to eat yourself or perhaps share with friends. These little groups are called market segments and these segments are usually where the products are aimed. Marketing Map I have decided to make a marketing map to see where most confectionary brands lie and in which category. These categorys are: * Snacking The chocolate bars you eat when you have no time for a meal or just to quench your hunger for a little while longer. * Gift The Chocolate selections you would buy someone as a gift like on valentines day or for their birthday etc. * Indulgence Something bought for your self-pleasure, maybe bought as a privilege. * Gutfil These are the chocolate bars you would buy to fill yourself up a little. Like you have no time for dinner so you buy a chocolate gutfil bar. * Sharing These are the chocolates you would buy and share out between your friends if you dont want to be selfish. * Casual Indulgence These are the brands, which like indulgence are a bit of a treat. Easy to eat and bought more frequently than indulgence brands. This is my finished result: I have decided that there is a gap in the casual indulgence and Sharing because of the lack of brands in these circles. Both have only 3 products in them however as I tend to buy more casual indulgence brands than sharing brands myself I think I will aim my brand at the casual indulgence section. Market Research Marketing is the identification, anticipation and satisfaction of customer needs and wants at a profit. To decide the best way to market a product first I need to carry out market research. The market research is based upon four factors, which are Price, Product, Promotion and Packaging.

Wednesday, November 6, 2019

Torts Case of Remoteness Essays

Torts Case of Remoteness Essays Torts Case of Remoteness Paper Torts Case of Remoteness Paper the owners of Sheerlegs Wharf, were carrying out oxy-acetylene welding and cutting. This work was apt to cause pieces or drops of hot metal to fly off and fall in the sea. So when their manager arrived on the morning of 30th October and saw the thick scum of oil round the Wharf he was apprehensive of fire danger and he stopped the work while he took advice. He consulted the manager of Caltex Wharf and after some further consultation he was assured that he was safe to proceed: so he did so, and the repair work was carried on normally until the fire broke out on 1st November. Oil of this character with a flash point of 170op. is extremely difficult to ignite in the open. But we now know that that is not impossible. There is no certainty about how this oil was set alight, but the most probable explanation, accepted by Walsh J. , is that there was floating in the oil-covered water some object supporting a piece of inflammable material, and that a hot piece of metal fell on it when it burned for a sufficient time to ignite the surrounding oil. The findings of the learned trial judge [i. e. in this case – Wagon Mound No 2] are as follows:- (l) Reasonable people in the position of the officers of the Wagon Mound would regard furnace oil as very difficult to ignite upon water. 2) Their personal experience would probably have been that this had very rarely happened. (3) If they had given attention to the risk of fire from the spillage, they would have regarded it as a possibility, but one which could become an actuality only in very exceptional circumstances. (4) They would have considered the chances of the required exceptional circumstances happening whilst the oil remained spread on the har bour waters, as being remote. (5) I find that the occurrence of damage to the plaintiffs property as a result of the spillage, was not reasonably foreseeable by those for whose acts the defendant would be responsible. 6) I find that the spillage of oil was brought about by the careless conduct of persons for whose acts the defendant would be responsible. (7) I find that the spillage of oil was a cause of damage to the property of each of the plaintiffs. (8) Having regard to those findings, and because of finding (5), I hold that the claim of each of the plaintiffs, framed in negligence, fails. †¦. Of the large number of cases cited in argument †¦based purely on negligence, †¦[t]heir Lordships do not intend to examine these cases in detail. It has now been established by the Wagon Mound No. 1 and by Hughes v. Lord Advocate [1963] A. C. 837 that in such cases damages can only be recovered if the injury complained of was not only caused by the alleged negligence but was also an injury of a class or character foreseeable as a possible result of it. †¦In their Lordships judgment the cases point strongly to there being no difference as to the measure of damages between nuisance and negligence but they are not conclusive. So it is desirable to consider the question of principle. NOTE from CS: The reason for this comparison is that the case was also argued in nuisance and the trial judge found there to be liability in nuisance on the basis that nuisance requires only the natural/direct consequence test whereas Wagon Mound No 1 had changed the law of negligence to require the reasonable foreseeability test. So the House of Lords in Wagon Mound No 2 were looking at both the application of the reasonable foreseeability test for negligence to the negligence claim in Wagon Mound 2 and at whether that same test should be the test for remoteness of damage in nuisance. We are not concerned with the nuisance law aspects, but only with the reasoning that discusses what reasonable foreseeability means in general and in particular in the negligence context. ] †¦Comparing nuisance with negligence the main argument for the respondent was that in negligence foreseeability is an essential element in determining liability and therefore it is logical that foreseeability should also be an essential element in determining the amount of damages: but negligence is not an essential element in determining liability for nuisance and therefore it is illogical to bring in foreseeability when determining the amount of damages. It is quite true that negligence is not an essential element in nuisance. Nuisance is a term used to cover a wide variety of tortious acts or omissions and in many negligence in the narrow sense is not essential. An occupier may incur liability for the emission of noxious fumes or noise although he has used the utmost care in building and using his premises. The amount of fumes or noise which he can lawfully emit is a question of degree and he or his advisers may have miscalculated what can be justified. Or he ay deliberately obstruct the highway adjoining his premises to a greater degree than is permissible hoping that no one will object. On the other hand the emission of fumes or noise or the obstruction of the adjoining highway may often be the result of pure negligence on his part: there are many cases (e. g. , Dollman v. Hillman [1941] 1. All E. R. 355) where precisely the same facts will establish liability both in nuisance and in negligence. And although negligence may not be necessary, fault of some kind is almost always necessary and fault generally involves foreseeability, e. . , in cases like Sedleigh-Denfield v. OCallaghan [1940] A. C. 880 the fault is in failing to abate a nuisance of the existence of which the defender is or ought to be aware as likely to cause damage to his neighbour. †¦ [Note from CS: in this paragraph, the Lords find that reasonable foreseeability is also the remoteness test in nuisance. It is retained in this edit so that you can follow the flow of the case, but, again, you are not responsible for nuisance law for the exam problem. It could not be right to discriminate between different cases of nuisance so as to make foreseeability a necessary element in determining damages in those cases where it is a necessary element in determining liability, but not in others. So the choice is between it being a necessary element in all cases of nuisance or in none. In their Lordships judgment the similarities between nuisance and ot her forms of tort to which the Wagon Mound No. 1 applies far outweigh any differences, and they must therefore hold that the judgment appealed from is wrong on this branch of the case. It is not sufficient that the injury suffered by the respondents vessels was the direct result of the nuisance if that injury was in the relevant sense unforeseeable. It is now necessary to turn to the respondents submission that the trial Judge was wrong in holding that damage from fire was not reasonably foreseeable. In Wagon Mound No. 1 the finding on which the Board proceeded was that of the trial Judge: the defendant did not know and could not reasonably be expected to have known that [the oil] was capable of being set afire when spread on water. In the present case the evidence led was substantially different from the evidence led in Wagon Mound No. 1 and the findings of Walsh J. are significantly different. That is not due to there having been any failure by the plaintiffs in Wagon Mound No. 1 in preparing and presenting their case. The plaintiffs there were no doubt embarrassed by a difficulty which does not affect the present plaintiffs. The outbreak of the fire was consequent on the act of the manager of the plaintiffs in Wagon Mound No. 1 in resuming oxy-acetylene welding and cutting while the wharf was surrounded by this oil. So if the plaintiffs in the former case had set out to prove that it was foreseeable by the engineers of the Wagon Mound that this oil could be set alight, they might have had difficulty in parrying the reply that this must also have been foreseeable by their manager. Then there would have been contributory negligence and at that time contributory negligence was a complete defence in New South Wales. The crucial finding of Walsh J. in this case is in finding 5: that the damage was not reasonably foreseeable by those for whose acts the defendant would be responsible. That is not a primary finding of fact but an inference from the other findings, †¦The vital parts of the findings of fact which have already been set out in full are (1) that the officers of the Wagon Mound would regard furnace oil as very difficult to ignite upon water - not that they would regard this as impossible: (2) that their experience would probably have been that this had very rarely happened -not that they would never have heard of a case where it had happened, and (3) that they would have regarded it as a possibility, but one which could become an actuality only in very exceptional circumstances - not, as in Wagon Mound No. , that they could not reasonably be expected to have known that this oil was capable of being set afire when spread on water. The question which must now be determined is whether these differences between the findings in the two cases do or do not lead to different results in law. In Wagon Mound No. 1 the Board were not concerned with degrees of f oreseeability because the finding was that the fire was not foreseeable at all. So Lord Simonds had no cause to amplify the statement that the essential factor in determining liability is whether the damage is of such a kind as the reasonable man should have foreseen (at p. 426). But here the findings show that some risk of fire would have been present to the mind of a reasonable man in the shoes of the ships chief engineer. So the first question must be what is the precise meaning to be attached in this context to the words foreseeable and reasonably foreseeable. [Note from CS: This is where Weinrib’s extract starts at p 80 in his book. Before Bolton v. Stone [1951] A. C. 850 the cases had fallen into two classes: (1) those where, before the event, the risk of its happening would have been regarded as unreal either because the event would have been thought to be physically impossible or because the possibility of its happening would have been regarded as so fantastic or farfetched that no reasonable man would have paid any attention to it -a mere possibi lity which would never occur to the mind of a reasonable man (per Lord Dunedin in Fardon v. Harcourt-Rivington [1932] 146 L. T. 391) or (2) those where there was a real and substantial risk or chance that something like the event which happens might occur, and then the reasonable man would have taken the steps necessary to eliminate the risk. Bolton v. Stone posed a new problem. There a member of a visiting team drove a cricket ball out of the ground onto an unfrequented adjacent public road and it struck and severely injured a lady who happened to be standing in the road. That it might happen that a ball would be driven on to this road could not have been said to be a fantastic or far-fetched possibility: according to the evidence it had happened about six times in 28 years. And it could not have been said to be a far-fetched or fantastic possibility that such a ball would strike someone in the road: people did pass along the road from time to time. So it could not have been said that, on any ordinary meaning of the words, the fact that a ball might strike a person in the road was not foreseeable or reasonably foreseeable it was plainly foreseeable. But the chance of its happening in the foreseeable future was infinitesimal. A mathematician given the data could have worked out that it was only likely to happen once in so many thousand years. The House of Lords held that the risk was so small that in the circumstances a reasonable man would have been justified in disregarding it and taking no steps to eliminate it. But it does not follow that, no matter what the circumstances may be, it is justifiable to neglect a risk of such a small magnitude. A reasonable man would only neglect such a risk if he had some valid reason for doing so: e. g. that it would involve considerable expense to eliminate the risk, He would weigh the risk against the difficulty of eliminating it. If the activity which caused the injury to Miss Stone had been an unlawful activity there can be little doubt but that Bolton v. Stone would have been decided differently. In their Lordships judgment Bolton v. Stone did not alter the general principle that a person must be regarded as negligent if he does not take steps to eliminate a risk which he knows or ought to know is a real risk and not a mere possibility which would never influence the mind of a reasonable man. What that decision did was to recognise and give effect to the qualification that it is justifiable not to take steps to eliminate a real risk if it is small and if the circumstances are such that a reasonable man, careful of the safety of his neighbour, would think it right to neglect it. In the present case there was no justification whatever for discharging the oil into Sydney Harbour. Not only was it an offence to do so but it involved considerable loss financially. If the ships engineer had thought about the matter there could have been no question of balancing the advantages and disadvantages. From every point of view it was both his duty and his interest to stop the discharge immediately. It follows that in their Lordships view the only question is whether a reasonable man having the knowledge and experience to be expected of the chief engineer of the Wagon Mound would have known that there was a real risk of the oil on the water catching fire in some way: if it did, serious damage to ships or other property was not only foreseeable but very likely. Their Lordships do not dissent from the view of the trial Judge that the possibilities of damage must be significant enough in a practical sense to require a reasonable man to guard against them but they think that he may have misdirected himself in saying there does seem to be a real practical difficulty, assuming that some risk of fire damage was foreseeable, but not a high one, in making a factual judgment as to whether this risk was sufficient to attract liability if damage should occur. In this difficult chapter of the law decisions are not infrequently taken to apply to circumstances far removed from the facts which gave rise to them and it would seem that here too much reliance has been placed on some observations in Bolton v. Stone and similar observations in other cases. In their Lordships view a properly qualified and alert chief engineer would have realised there was a real risk here and they do not understand Walsh J. to deny that. But he appears to have held that if a real risk can properly be described as remote it must then be held to be not reasonably foreseeable. That is a possible interpretation of some of the authorities. But this is still an open question and on principle their Lordships cannot accept this view. If a real risk is one which would occur to the mind of a reasonable man in the position of the defendants servant and which he would not brush aside as far-fetched and if the criterion is to be what that reasonable man would have done in the circumstances, then surely he would not neglect such a risk if action to eliminate it presented no difficulty, involved no disadvantage, and required no expense. In the present case the evidence shows that the discharge of so much oil on to the water must have taken a considerable time, and a vigilant ships engineer would have noticed the discharge at an early stage. The findings show that he ought to have known that it is possible to ignite this kind of oil on water. and that the ships engineer probably ought to have known that this had in fact happened before. The most that can be said to justify inaction is that he would have known that this could only happen in very exceptional circumstances. But that does not mean that a reasonable man would dismiss such a risk from his mind and do nothing when it was so easy to prevent it. If it is clear that the reasonable man would have realised or foreseen and prevented the risk then it must follow that the appellants are liable in damages. The learned Judge found this a difficult case: he says that this matter is one upon which different minds would come to different conclusions. Taking a rather different view of the law from that of the learned Judge, their Lordships must hold that the respondents are entitled to succeed on this issue. †¦

Monday, November 4, 2019

Who in your life has been your biggest influence and why Scholarship Essay

Who in your life has been your biggest influence and why - Scholarship Essay Example He motivated me by reminding the real value of education by reminding me thus, â€Å"Dream of going to college is attainable if you put hard work to achieve.† Not only the words but also his deeds proved me what he said is true and genuine. As I am the eldest of 6 brothers, and having the responsibility of looking after them, naturally I thought I may not have the proper chances of pursuing my education. Fortunately, I was the first grandchild who had the chance to go to college and I have never been in trouble at school out of 12 years. I could also obtain A/B Honor roll during my education career with the unique support from my father. My father’s hardworking mentality after divorce to provide us the stable living situations is another factor that influenced me greatly. He goes to work 6 days a week to support all of us. The way he helped the neighbors and even the strangers in need has put a drive in me to help my fellowman whenever I can. Now I have realized that in fluence is the power to have an important effect on someone or something. And I feel the power in me through the magnificent influence of my father who has provided me a lot and made me what I am

Saturday, November 2, 2019

Strategic Human Resource Management Essay Example | Topics and Well Written Essays - 3250 words - 1

Strategic Human Resource Management - Essay Example Today most of the Organisations are found to be engaged in preparation to ensure their existence. As it was seen in the case of Air National which got privatized by the government of Britain as a result of which the company faced all of the sudden increase in the competitive forces due to other private companies in the airline industry. The company also lost the political strengths and influences which acted as substantial support to Air National (Bratton & Gold, 2001). During this adverse business condition the organization initially worked for its survival but parallel to that it also considered its growth which is achieved through the strategic approaches. To meet the technological challenges raised by the business environment Organisations could adopt approaches of SHRM under which they can develop their workforce by providing substantial training and skill development support (Delbridge, Gratton, & Johnson, 2006).As strategic HRM interventions, organizations should design their recruitment policy in a way that best suits crisis control. Organisations should try and find skilled and competent candidates for critical positions (Anonymous-c, n.d.) so that additional cost of training and development can be saved. The management should also ensure that the employee base it is left with post-downsizing consist of the most competent, efficient and talented employees. As these employees are rich with experience, targeted programs will be sufficient for their need-based training and development.