Monday, May 25, 2020
The Importance Of Social Justice And Inclusion - 916 Words
Introduction Social justice and inclusion have become important parts of the modern world, especially within the Scottish education system. They allow pupils to reach their full potential and to become fully integrated whilst at school, regardless of background or disability. However these terms are ever changing and require a lot of thought and determination to be fully fulfilled within schools. This paper will look at the importance of social justice and inclusion as well as considering different views on the topics. It will also focus on the teacherââ¬â¢s role in achieving an inclusive environment within school and the implications for learning. Literature review Defining social justice and inclusion The concepts of social justice and inclusion are both heavily interlinked and the pair complement each other throughout policy and literature. The term social justice is normally used when referring to the ideas of equality and providing equal opportunities to pupils within school, regardless of their background, history or circumstances. Views of social justice can change depending on who is discussing the topic. The Scottish Government have been tackling social justice for many years. In 1999 they published a report titled ââ¬Å"Social Justice ââ¬â a Scotland for allâ⬠as well as putting in place an action plan and a task force. However within these reports there was not an actual definition for what they perceived social justice to be. Moving forward to 2002 and the thenShow MoreRelatedIntroduction. The Pateman Vincent Statement From 20101486 Words à |à 6 Pagespublic libraries and by the profession to combat social exclusion and promote social justice and suggest how the profession can carve out a new direction for itself in a world where the use of traditional library services in decline. Discussion After conducting a review of literature, Levitas et al (2007) concluded in their report for the governmentââ¬â¢s social exclusion task force that a suitable definition for social exclusion should be: ââ¬ËSocial exclusion is a complex and multidimensional processRead MoreReflection On Social Work1737 Words à |à 7 Pagesfeel a sense of inclusion and social justice. Social justice is defined as fair and social privileges (Farrell, 2016). This means that people have the same rights regardless of their social status, their wealth, or other factors. Inclusion is also incredibly important. Because we as human beings are naturally drawn to relationships, feeling a sense of inclusion within our social groups allows us to be empowered. Unfortunately, not everyone feels that sense of social justice and inclusion. This is whereRead MoreCommunity Service As Punishment1735 Words à |à 7 Pagesthere would have been no need to urge the inclusion of the same in the Indian Penal Code. But since this exclusion by Macaulay is because of no fault of his it is our duty to incorporate such to meet the demands of the time and to make the IPC a living social document. Section 53 of the IPC [2] pr ovides for the various types of punishments. But these are old and do not meet the exigencies of the present day globalised world. The authors yearn for inclusion of community service as a mode of punishmentRead MoreUsing a Particular Service User Group Critically Analyse the Theoretical Principles with Regard to Social Justice and Social Exclusion1409 Words à |à 6 Pagesseeks to analytically and critically discuss young offenders involved, using social exclusion and social justice as the main focus. This piece of work will briefly look at the historical context of social exclusion and social justice to create a platform, it will then move on to theoretical principles which offer an understanding of social exclusion and social justice. The implications of social exclusion and social justice for the young offenders involved in the 2011 London riots, such as an increasedRead MoreSustainable Development and Businesses Essay1049 Words à |à 5 Pagesenvironmental, social, and econo mical issues have arisen in society and businesses. Only recently has the issues established extensive attention within society, sustainable development is acknowledged by the majority to mean ââ¬Ëdevelopment that meets the needs of the present without compromising the ability of future generations to meet their own needsââ¬â¢ (Commission 1987). This essay will look into the practices of ANZ as a sustainable business and examine their ecological, economic and social environmentsRead MoreSocial Justice1736 Words à |à 7 PagesQuestion ââ¬ËSocial justice ... is neither the exclusive terrain of social welfare nor of crime control. Indeed, the boundaries between these two domains tend to be mobile and porousââ¬â¢ (Bookà 1,à Social Justice: Welfare, Crime and Society, p. 168). Explain and illustrate this with reference to examples drawn from at leastà twoà chapters from Bookà 1. According to Newman amp; Yeates (2008) Social Justice is a device that can be called upon to challenge particular forms of inequality or unfairness andRead MoreThe Theory Of Ethical Leadership929 Words à |à 4 Pagessignificantly during their transactions with assigned team members. Furthermore, EL also suggests there is a correlation between how well a leader assess their own values and beliefs prior to exercising referent and reward power behavior. Connection to Social Learning Theory The genesis of EL precepts may have a cultural basis in either Eastern or Western philosophy. In terms of theoretical impact, it may be impossible to determine which hemisphere has a majority stake exactly. This may be due to theRead MoreEarly Childhood Issues Of The 21st Century1152 Words à |à 5 PagesPart 1: ââ¬Å"Early Childhood Issues of the 21st Centuryâ⬠Revision The issue that I have selected focuses on the importance of children and youth receiving early intervention, special education, and other related services under Individuals with Disabilities Education Act (IDEA) Part B. IDEA includes 14 specific categories under which children may be found eligible for early intervention, special education, and related services. Those 14 specific categories include the following: (1) autism, (2) deaf-blindnessRead MoreFinancial Inclusion Through India Post1215 Words à |à 5 PagesFINANCIAL INCLUSION THROUGH INDIA POST Dr. Joji Chandran PhD ABSTRACT India is having the most widely distributed post office system in the world. With 1,55,333 post offices, the India post comes under the Department of Posts which is a part of the Ministry of Communications and Information Technology under the Government of India. The wide distribution network of India post is one important factor that favours india post as a channel for financial inclusion in India. The search of financialRead MoreDiversity And Cultural Diversity1198 Words à |à 5 PagesAccording to Betancourt, Green, Carrillo Ananeh-Firempong (2003) cultural competence refers to understanding the importance of social and cultural influences that a minority group may have as an inherent trait. The authors also affirmed that a cultural competent system acknowledges, integrates and incorporates the relevance of culture, evaluation of cross-cultural relations, , and adaptation of services to meet culturally unique needs(pg.294). Diversity and cultural competence are two main concepts
Thursday, May 14, 2020
The Current Shape Of Earths Landmasses Was First Proposed...
Question 1 The idea of Continental Drift to explain the current shape of Earths landmasses was first proposed by Abraham Ortelius in 1596. He proposed the idea to highlight the geometrical coincidences between America and Europe-Africa. In his work Thesaurus Geographicus he suggested that the Americas were ââ¬Å"torn away from Europe and Africaâ⬠¦by earthquakes and floodsâ⬠, and that ââ¬Å"the vestiges of rupture reveal themselves, if someone brings forward a map of the world and considers carefully the coasts of the three.â⬠Antonio Snider-Pellegrini was a French geographer and scientist who theorized the possibility of continental drift several decades before Alfred Wegener in his publication The Creation and its Mysteries Unveiled. He came to thisâ⬠¦show more contentâ⬠¦William Henry Pickering was another who proposed the idea of continental drift before Wegener. In 1907 Pickering suggested that moon was once part of the earth and broke away where the Pacific Ocean now lies. He speculated that America, Asia, Africa, and Europe once formed a single landmass that eventually broke up because of the separation of the moon. Alfred Wegener was a German polar researcher, geophysicist, and meteorologist. During his lifetime he was mainly known for his achievement in meteorology, but after his death he is most remembered for his advancement of the idea of continental drift. In 1912 he theorized that the continents were slowly drifting around the earth. It was not until the 1950s though that his ideas wer e widely accepted. Numerous discoveries at that time, such as paleomagnetism provided strong support for his idea of continental drift. Wegener first thought of this idea by noticing that the landmasses of earth fit together like a jigsaw puzzle. The Continental shelf of the Americas fit closely to Africa and Europe, and Antarctica, India, Australia, and Madagascar fit next to the southern tip of Africa. Wegener closely analyzed either side of the Atlantic Ocean for rock type, geological structure, and fossils, and noticed a significant similarity between matching sides of the continents, specifically in plant fossils. Alfred
Wednesday, May 6, 2020
Charlotte Brontes Jane Eyre as a Coming of Age Story Essay
Jane Eyre as a Coming of Age Story Charlotte Brontes classic, Jane Eyre, is a coming of age story. The main character, Jane, travels from the innocence of childhood through the maturity of adulthood. During this journey, Jane goes through the battle of education vs. containment, where she attempts to learn about herself and about the world. She must constantly battle a containment of sorts, however, whether it be a true physical containment or a mental one. This battle of education vs. containment can be seen by following Jane through her different places of residence, including Gateshead Hall, Lowood Institution, Thornfield, Moor House and Morton, and Ferndean Manor, where she is, finally, fully educated and escapes the feelingâ⬠¦show more contentâ⬠¦The red-room is where Mr. Reed had died. It was in this chamber he breathed his last...and, since that day, a sense of dreary consecration had guarded it from frequent intrusion. (Bronte: 46). Nobody wanted to enter the room for long, in fear that the same contain ment might be put upon them. Jane, however, was thrust into the room and feared that the she would be constrained by the chains of death the same way that Mr. Reed was. The events at Gateshead begin the ever present battle between education and containment in Jane Eyre. Jane is sent away by Mrs. Reed to Lowood Institution, a boarding school for orphaned girls where the next battle of education vs. containment would occur. At Lowood, which was surrounded with walls so high as to exclude every glimpse of prospect (Bronte: 80), Jane receives a scholastic education, but is very much contained by the strict discipline and lifestyle as well as the harshness of certain prominent figures there, such as Miss Scatcherd and Mr. Brocklehurst. Jane sees that here, like at Gateshead, the movement towards progress and knowledge is contained. She sees this as her friend, Helen Burns, gives a near perfect recital of her history lesson, ready with answers on every point (Bronte: 86), but is still disciplined by Miss Scatcherd for having dirty fingernails, which she could not clean because the water had been frozen that morning.Show MoreRelatedCompare and Contrast: Charlotte Brontes Jane Eyre and James Joyces Araby830 Words à |à 4 PagesCompare and Contrast: Charlo tte Bronteââ¬â¢s Jane Eyre and James Joyceââ¬â¢s Araby James Joyceââ¬â¢s Dubliners is a collection of short stories developed chronologically from his youth to adulthood. Joyce attempts to tell a coming of age story through Dubliners. In particular, Araby is about a young boy who is separated from his youth by realizing the falsity of love. James Joyceââ¬â¢s Araby is a tale of a boy in Dublin, Ireland that is overly infatuated with his friendââ¬â¢s older sister and because of his loveRead MoreEssay on A Womans World in Jane Eyre by Charlotte Brontà «1145 Words à |à 5 Pagesabsolute a stagnation . . . â⬠(Brontà « 129-130). Charlotte Brontà «, one of six Brontà « siblings, was a feminist author who lived and wrote during the beginning of the nineteenth century. It was a time when England was going through a slow but significant change, mainly surrounding the Industrial Revolution, but still preceding the days of any major feminist movements. Brontà « was angered that she had to write under a fake male name in order to have Jane Eyre published and read. Nevertheless, she was stillRead MoreFeminism in Jane Eyre and the wide sargasso sea Essay1061 Words à |à 5 PagesLadan Abdullahi Feminism in Jane eyre and Wide Sargasso Sea A patriarchal society is a world in which men are the sole decision makers and hold positions of power and the highest authority. Patriarchy occurs when men are dominant, not necessarily in numbers but in their status related to decision making and power. As a result, women are introduced to a world made by men, and a history refined by a mans actions. In jean Rhys Wide Sargasso Sea, the author focuses on the history of Bertha, oneRead MoreEssay about Passion and Practicality of Jane Eyre1862 Words à |à 8 PagesPassion and Practicality of Jane Eyre à à à à à Charlotte Brontes Jane Eyre is a coming-of-age story about an unconventional womans development within a society of strict rules and expectations. At pivotal moments in Janes life, she makes choices which are influenced by her emotions and/or her reason. Through the results of those choices, Jane learns to balance passion and practicality to achieve true happiness. à Jane is a spirited woman, and her emotions give her a strength of characterRead MoreJane Eyre By Charlotte Bronte1714 Words à |à 7 Pages Jane Eyre by Charlotte Brà ¶nte voiced the radical opinions of Brà ¶nte on religion, gender, and social class. Jane Eyre, a young orphan who lived with her vituperative aunt and cousins, strayed away from the Victorian ideals of a woman and established a new status for herself. Jane Eyre was originally written in 1827 and was heavily influenced by the late gothic literature of the 19th century. Gothic literary aspects such as supernatural occurrences, mysteries and dark secrets, madness and dangerRead MoreJane Eyre, By Charlotte Bronte Essay1279 Words à |à 6 PagesIn Charlotte Brontà «Ã¢â¬â¢s Jane Eyre, the relationships Jane has with the male characters demonstrates her coming of age from dependence to independence because Jane begins by rebelling against John and Mr. Brocklehurst, she leaves Mr. Rochester, and denies St. Johnââ¬â¢ s proposal. Janeââ¬â¢s acts of rebellion against John Reed shows that she is tired of being dependent on him and his family. Also, by showing signs of rebellion to Mr. Brocklehurst when she first is interviewed to see if the school Lowood is theRead MoreFunhouse Mirrors: Jane Eyre and Bertha Mason Essay1717 Words à |à 7 PagesTim Bartlett ENG 396 March 23, 2011 Funhouse Mirrors: Jane Eyre and Bertha Mason ââ¬Å"Jane Eyreâ⬠is a book centred around female duality. In a time when females were still expected to fulfill their ââ¬Å"womanly duties,â⬠Charlotte Bronte wrote a novel dealing with a womanââ¬â¢s view on morality sexuality, passion sensibility, and conformity insanity, among other themes. This motif of duality plays a strong part in the dynamism that makes up the book, and is not limited to the themes, but is also usedRead MoreEmely Bronte and Wuthering Heights1340 Words à |à 5 Pages1818 to be exact, that a legend was born. Emily Jane Brontà «, the fifth of six children, came into existence. (Information found on GradeSaver) Her father, Reverend Patrick Brontà «, grew up as a peasant while her mother, Maria Brontà « Branwell was quite wealthy. The two became a pair and after years of marriage, finally had a family of eight. Though the family was not fully united for long. (page 10, Howard) Their were a heap full of little Brontà «Ã¢â¬â¢s when Maria was still alive, which were Maria, namedRead MoreTremendous Spirit and Feminism Displayed in Charlotte Bronteââ¬â¢s Jane Eyre1949 Words à |à 8 PagesTremendous spirit. The enviable trait that Jane Eyre from Charlotte Bronteââ¬â¢s Jane Eyre possesses is what stimulates her to achieve self-actualization despite the fact that she is a woman. True feminism isnââ¬â¢t as violent as a handful of vicious extremists claim it to be. The accurate definition of feminism is ââ¬Å"the doctrine advocating womenââ¬â¢s social, political, civil, educational and all other rights as equal to those of men.â⬠Women of Charlotte Bronteââ¬â¢s era did not have basic rights such as the aforementionedRead MoreJane Eyre: a Coming of Age Story -Grade = 80b1762 Words à |à 8 PagesJane Eyre: A Coming of Age Story Charlotte Bronteââ¬â¢s novel, Jane Eyre, is a coming of age story, about a young, orphaned, and submissive girl growing up, through many hardships, into a young, passionate, and free willed woman. Charlotte Bronte begins the story with a ten-year-old Jane Eyre living with an impartial and sometimes cruel aunt, Aunt Reed. Aunt Reed, after neglecting Jane for the whole of her life, finally decides to send her away to boarding school, to Lowood School. Upon her departure
Tuesday, May 5, 2020
Research Security Vulnerability Tools Using Kali
Question: Discuss about the Research Security Vulnerability Tools Using Kali. Answer: Introduction of the tool The selected tool is Burp Suite which is an integrated platform for handling and performing the different security tests for the applications on web. There are tools which work for the complete support of the testing and the processing from the initial mapping as well as the analysis of the application. This is setup through the proper finding of the attack surface as well as the exploitation of the different security vulnerabilities. Burp has been able to give a complete control by letting the advancement of the manual techniques which are set under the state-of-art combination to work faster with more effectiveness. The suite is easily used with the allowing of the new users to work in a proper manner. These are highly configured with a proper numbered features which are important for the assistance of the experienced testers. The burp suits has been created by a Port Swigger which is a complete JAVA based software tool platform for the performance of the proper testing of security of different web applications. This is based on the combination of the automated and the other manual settings which are based on holding the following tools. Features of the tool Proxy Burp This allows us to inspect and properly modify the traffic which is between the applications of the browser and the target system. Spider- This allows the application awareness to handle the content of crawling and the functionality patterns. Scanner- This is mainly to evaluate the advanced web applications for the automation process which is mainly for the detection of the different types of the vulnerability features. Intruder tool- This is mainly for handling the performance of the powerful and the customised attacks which are mainly to find the unusual vulnerability. Repeater- This is mainly for the manipulation of the requestions ad resending them to the individuals. Sequencer- It is mainly for handling the testing of the session tokens with the randomness. The burp suite gives us the ability to save work and help in the extension which will easily allow all the plugins to be written easily for performing different complex tasks which are highly customised in the system of Burp. It has the ability to handle the work where you can resume it anytime you want. Techniques used by the tool to exploit vulnerabilities of information systems Burp Spider The major focus has been on the mapping of the different applications of the web which automate the tasks of the catalogues along with handling the content and the functionality. This work lets us to work through the browser by properly inspecting all the traffic which is being passed through the proxy as well as the catalogue. There have been active crawl of the applications which are based on following the links automatically with the submission of the forms and the response for the content. They are able to take hold of the spidering actions with the detailed configuration of the spider engineer. After the process of the entire application, the Burp site is able to review the entire content for discovering the active spidering functions. Comprer It is able to handle the data items between the two different responses of the web applications. These are mainly to identify and handle the failed log with the invalid and the valid usernames and the received resources to identify the different requests on the different behavioural patterns. Decoder This transforms the raw data in an encoded form and then to the canonical version. It has a complete ability to recognise the different coding formats. Sequencer This is able to analyse the application sessions which are set under the randomised token with the unpredictability depending on the security. Repeater The modifications of the individual requestions are HTTP and response. These are set for sending the requests to the Repeater from a particular site map targets which completely attack the results or are through the browsing history patterns for the Burp Proxy. Intruder This is mainly for the optimisation of the customised attacks. Scanner This is mainly by setting the tests of penetration which fits with the different techniques for the performance of the semi-automated and the penetration tests of the web applications. Proxy These are mainly set to handle the testing and the attacking application on the web server. The operations are between both the target and the end web browser as a settled middle-man. These are able to completely modify, inspect and handle the raw traffic which is passed in different directions. Experimental setup and evidence of usage of the tool. Include screenshots of vulnerability testing. Configure BurpSuite Proxy Options: Set interface 127.0.0.1:8080 Conclusions Burp Suite has been able to handle the tools integration with the focus on the performance of the different security tests on the different web applications. These are mainly to perform the web attacking applications. It contains all the interfaces and the tools which are mainly for the speed up and the process facilitation of the different applications. The tools are mainly set for handling the framework of the extensibility, alerts, login and the other upstream proxies which are important for the setup of the authentication, HTTP request and the persistency. This is also able to combine the automation of the techniques to attack, scan and properly analyse the applications on the web. The tools for the working of Burp are set to allow the identified findings along with holding the foundation of the different tools and the system process. These are mainly for the identification of the vulnerability process to map and set the exploitation phase. References Druin, J. (2012). Mutillidae: Brute Force Page Names using Burp-Suite Intruder.Retrieved June,30, 2013. Garn, B., Kapsalis, I., Simos, D. E., Winkler, S. (2014, July). On the applicability of combinatorial testing to web application security testing: a case study. InProceedings of the 2014 Workshop on Joining AcadeMiA and Industry Contributions to Test Automation and Model-Based Testing(pp. 16-21). ACM. Sidiropoulos, N., Stefopoulos, P. (2013). Smart tv hacking.Research project,1, 2012-2013. Scandariato, R., Walden, J., Joosen, W. (2013, November). Static analysis versus penetration testing: A controlled experiment. InSoftware Reliability Engineering (ISSRE), 2013 IEEE 24th International Symposium on(pp. 451-460). IEEE.
Saturday, April 11, 2020
My Gift To You The World Essays (283 words) - My Gift To You
My Gift To You The World My gift to you is somewhat strange, it's hidden and silent, alone and unheard, but it still lives beneath the darkened sun, it's love and hope and joy and sight, it's knowing what's right and wrong, it cried for life, and I heard it cry, I've tried to lift its spirits high, to let other people wonder of its glow, its burn for eternal happiness, our burn for eternal peace. To give these it's hard, to respect them it's harder, I've watched others, and seen them turn inside out, lying through the pain of their gritted teeth, do they know of love? can they feel the hope? have they ever cried silent tears? I myself have cried those silent tears, alone and scared and silent, my pain was great, my anger uncontrollable, can you feel my hardship, my hunger of exit to this world? to have materials and possessions, I could never have used, but to have what I give, perhaps I could have coped, and that time would now be forgotten, so now I give, what I want in return, I give the golden rule. I've tried to lead others to peace as is I, but for this you need their total trust, and they would not risk it all, so the act of good came to a stop, and my hope was just left hanging, now I still give, and I do with all my heart, I bring a gift to everyone, to make sure I please the sun, but after the deed I always feel loved, and I realize once again, "To give is to be born, and to receive is to remember.
Tuesday, March 10, 2020
Establishing a Claim in Negligence The WritePass Journal
Establishing a Claim in Negligence Introduction Establishing a Claim in Negligence Jennifer Hallam parked her car opposite the knightââ¬â¢s plaza building where on return to her car she noticed damage to the car. On enquiring from shop owners she was informed that this was due to light reflecting from the building. Jennifer returned the next day and investigated and established this is the case. T Knight Group (TKG) owe a duty of care to Jennifer as the neighbour principle clearly applies to her on the basis that the Jennifer would have been so closely affected by the actions of TKG that they ought reasonably to have had her in their contemplation. TKG would thus have been under a duty to ensure that reasonable care was being taken in order to avoid any harm or damage to third partied caused by their actions. Nevertheless, this could be disputed by TKG as they may be able to demonstrate that the breach of duty did not occur as a result of their own actions. This is because the architects or the structural engineers could instead be held responsible for the desi gn fault. This situation has been seen around the world and also in the UK. Under section 79 of the environmental protection act 1990 the local authority may take action to ensure the nuisance is stopped. There is no reported case in England and Wales in which a Court has been required to determine reflection of sunlight. However in New Zealand this was the case and was seen in Bank of New Zealand v greenwood[11]. This would amount to an actionable tort of nuisance. Here the high Court of New Zealand held that reflected light can constitute an actionable nuisance. In Hunter v Canary Wharf Ltd[12] the Lords considered the New Zealand case and although they said that it was most unusual they did in fact regard the decision as ââ¬Ëeminently sensibleââ¬â¢ and ââ¬Ëadmirableââ¬â¢. In light of this, it could therefore be said that Jenniferââ¬â¢s actions is likely to be successful if the Courts in the UK follow suit. If the Courts do find that there has been a breach, it is likely that they will then be able to establish that the breach caused the harm and was not too remote so as to prevent an action in negligence. This is because, if TKG successful argue that they the architects or the structural engineers are to blame for the damage, then the standard of care will be that based upon their ex pertise; Wilsher v Essex[13]. And, architects and structural engineers will be required to have a reasonable expectation of the risks involved with this type of project and ought to have known of the dangers. Rahim Rahim Khan has stated that he has suffered a financial loss due to the dazzling sun and high temperatures that are created when the sun reflects off the Knights Plaza Building and onto the pavement outside his shop. There is generally no duty of care owed to individuals to avoid causing others to suffer an economic loss. The economic loss must not relate to personal injury or damage to property as in Spartan Steel Alloys Ltd v Martin[14]. Nevertheless, in Hedley Byrne co v Heller[15] the House of Lords held that economic loss could be caused by negligence misstatement rather than a negligent act, although it is unlikely to apply here. In Linklaters Business Services v Sir Robert McAlpine[16], however, it was noted by the Court that; ââ¬Å"It may well be arguable in the case of complex structures that one element of the structure should be regarded for the purpose of the application and the principles [regarding economic loss] as distinct from another element, so that damage to one part of the structure caused by a hidden defect in another part may qualify to be treated as damage to other property.â⬠It will depend entirely upon the facts of the case as to whether a claim by Rahim will prove to be a success although it is questionable whether this will be established given the complexity of establishing pure economic loss. Thus, Rahim will have to demonstrate that the relationship between Rahim and TKG was sufficiently close for a claim to be ascertained for economic loss. This is unlikely to be established given that Rahim merely owns a nearby sandwich shop and so the requirements are unlikely to be satisfied here. In addition, Rahim also stated that his business has just reopened after health inspector closed it down after allegations of food poisoning. This could be significant as the loss could have been caused by the closure of the shop for 6 months. The chain of causation (novus actus interveniens) could have been broken by the fact the shop was closed. In certain cases, the chain of causation is capable of being broken by an intervening act. Therefore, the defendant may not be liable if the chain is broken by the intervening act even if there exists a duty of care as in Kirkham v Chief[17]. Thus, as put by Finch and Fafinskià ââ¬Å"if the novus actus interveniens is sufficient to break the ch ain, then the defendant may not be liable despite being in breach of the duty of care.â⬠[18] Accordingly, it is therefore unlikely that TKG will be found liable in tort for the loss that was suffered by Rahim since it is likely that the loss would have occurred regardless; The Oropesa[19]. Rahim is also being prosecuted having been caught on CCTV cameras throwing stones and subsequently causing damage to the Knights Plaza Building costing à £75,000. In common law Rahim would be found criminally liable for criminal damage under section 1 (1) of the Criminal Damage Act 1971 for destroying property that belonged to another with the intention or recklessness as to whether damage was caused. The fact that Rahim was caught on CCTV throwing stones at the building is sufficient enough to find him liable under this section. Accordingly, it is clear that Rahim had the intention to damage the property by throwing the stones as he was angry at TKG for the loss of profits in which he claims to have suffered. In addition, for criminal damage to be established, it does not have to be shown that the property is no longer usable. The fact that some damage was caused will be sufficient as in Roper v Knott[20]. Accordingly, Rahim will thus be found criminally liable for damaging the pro perty and causing à £75,000 worth of damage. Andy Pandy, Mandy Pandy and Muz Ahmed In deciding whether Darren is liable for the death of Andy Pandy and the injuries sustained by Mandy Pandy and Muz Ahmed, it will need to be considered whether Darran owed them a duty of care. Applying the Caparo test, it is evident that a duty of care was owed to Andy, Mandy and Muz. This is because all three of them can be considered to have a relationship of proximity to Darran that he ought to have had them in his contemplation. Hence, drivers owe a duty of care to pedestrians so it is evident that this part of the test will have been satisfied. Nevertheless, it is questionable whether Darran failed to take care given that the gust of wind is likely to have been unforeseeable and as such it would not be fair, just and reasonable to impose duty of care on him. In addition, although Darran caused the accident to occur it can be said that there was an intervening act that broke the chain of causation. This is because the accident would not have happened had it not been for the struc ture of the building and because these defects were known to the TKG since May 2013, they could have alleviated these problems by taking the necessary steps. In view of this, the TKG should be found liable for the death of Andy since they ought to have taken reasonable precautions to prevent the problem from occurring. Essentially, because they had not taken any steps to prevent the problem from occurring it is clear that they should be found liable as they would have owed Andy a duty of care, they were in breach of that duty and the breached caused the harm. The same will apply in relation to Mandy and Muz since it would not be fair, just and reasonable to impose liability on Darran for the psychiatric harm that was caused and so TKG ought to be held liable for this also. In order to establish a claim in negligence for psychiatric injury, all of the negligence requirements must first be satisfied. However, further difficulties will arise since Mandy and Muz will not be awarded compensation unless three additional requirements are satisfied; a) there was a close tie of love and affection between the parties; b) that the victim was close to the accident at the time, and c) that the accident was directly perceived.[21] It is likely that Mandy will be able to establish all three given that Andy was her brother, although it will be more difficult for Muz to demonstrate that there was a close tie of love and affection. In addition, it will also have to be shown that the harm or damage caused was reasonably foreseeable, which again will be like ly to prove complex; Alcock v Chief Constable of Yorkshire[22]. In Page v Smith[23], nonetheless, the defendant was found liable even though the claimant was not physically hurt the car crash that was caused by the defendant. Therefore, it is possible that both Mandy and Muz will be able to establish a claim against TKG as shown in Dulieu v White[24]. If it is shown that the harm is too remote, however, they will not be able to establish a claim. Conclusion Overall, it is likely that TKG will be found liable for the damage that has been caused to Jenniferââ¬â¢s car, the death of Andy and the psychiatric injury caused to Mandy and Muz, unless they can demonstrate that the architects and structural engineers are to blame. It is unlikely that Rahimââ¬â¢s claim will succeed and instead he will be found criminally liable for the damage caused to the building. Damages fall into two categories, pecuniary and non-pecuniary losses. Pecuniary losses are calculated into monetary terms whereas non-pecuniary losses are not. However, whether or not damages will be awarded will be dependent upon the remoteness of the harm or damage that was caused Bibliography Finch, E. and Fafinski, S. (2010) Law Express: Tort Law, 3rd Edition, Longman. Kidner, R. (2010) Casebook on Torts, 11th Edition. The Law Commission., ââ¬ËLiability for Psychiatric Illnessââ¬â¢ (1998) Law Com No 249, 2. Cases Alcock v Chief Constable of Yorkshire [1992] 1 AC 310 Bank of New Zealand v greenwood [1984] 1 NZLR 525 Blythe v Birmingham Waterworks (1856) 11 Exch 781 Caparo Industries plc v Dickman [1990 1 All ER 568 Donoghue v Stevenson [1932] AC 562 Dorset Yacht Co Ltd v Home Office [1970] AC 1004 Glasgow Corp v Muir [1943] AC 448 Hedley Byrne co v Heller [1963] 3 WLR 101 Heaven v Pender (1883) 11 QBD 503à à à à à à à à à à à à à Hunter v Canary Wharf Ltd [1997] 2 WLR 684 Kirkham v Chief [1990] 2 KB 283 Linklaters Business Services v Sir Robert McAlpine [2010] EWHC 1145 (TCC) Page v Smith [1996] AC 155 Roper v Knott [1898] 1 QB 868 R v White (1910) 2 KB 124 Spartan Steel Alloys Ltd v Martin [1972] 3 WLR 502 The Oropesa [1943] 1 All ER 211 Wilsher v Essex Area Health Authority [1988] AC 1074
Saturday, February 22, 2020
Johnson and Johnson Sun Care Product Competitor and Consumer Analysis Essay
Johnson and Johnson Sun Care Product Competitor and Consumer Analysis - Essay Example The long term success of the company in the marketplace is predicated upon its ability to react to, anticipate, and even create needs. Johnson & Johnson is a large corporation with 16.929 Billion of operating income. Total assets of the company are about 84.912 Billion and net income is 12.949 Billion (2008). Johnson & Johnson specializes in pharmaceutical products, medical devices, healthcare products, soaps, shampoos, toiletries, etc. Still, sun care, skin care, health and beauty products, OTC and drug products occupy a large market share. The famous brands of Johnson & Johnson are Johnson's Baby, Coach, Gynol, REACH, etc (Johnson & Johnson Annual Report 6). The company was founded in 1886 as a manufacture of ready-to-use surgical dressings. Robert Wood Johnson was the first president of Johnson & Johnson. The uniqueness of this company is diversification. The first consumer goods were manufactured in 1920s, toiletries were added in 1970s, and at the end of the 21st century the company developed a new division for medical and biopharmaceutical products (Johnson & Johnson Home Page). For Johnson & Johnson, the mingling of value construction and communication that occurs in businesses in which the customer enters the system is worth striving toward in manufacturing firms as well (Burke 3). In Johnson & Johnson, strategic marketing is based on strategic thinking which can be seen as a unique vision of the problem. The subject of decision making raises the larger issue of the planning organization's strategic thinking; specifically, the question is about prerogative and responsibility. Although most "professionally managed" organizations now subscribe to "participatory" decision making, there is nowhere any uniform understanding of exactly what that means. According to the company's annual report, "international sales were 10.3%, 9.6% and 11.2%, respectively 10.8% over 2007 with 8.3% of this change due to operational growth"" (Johnson & Johnson Annual Report 35), The opportunities of Sun care products include high potential to growth and profitability, professional management team and unique corporate culture, customized order system and discounts. There is a great opportunities for ssupermarkets in this field, because specialized shops, throughout the world are interes ted in goods produced in the environmentally friendly manner. "The Skin Care franchise sales grew by 10.8% to $3.4 billion in 2008. The sales growth was primarily due to the AVEENO, CLEAN & CLEAR, NEUTROGENA and JOHNSON'S" (Johnson & Johnson Annual Report 35). The company's market share is about 18 %. As for sun care products, the market share is about 11% of the total US market. For sun care products, the opportunities include high potential to development and expansion, professional approach to management and wider product range. Retail service assesses the areas in which the organization can benefit the most from greater emphasis on creativity and innovation. Competitive advantage serves both as a way of identifying what creative and innovative things competitors are doing as well as finding out for each of the areas requiring imagination and innovation who is the best. "Worldwide demand for products using natural ingredients continues to drive growth for the AVEENO brand, which uses a
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