Case study of potential liability in the law of tort - Free Essay Example

Introduction In this paper, I will advise Druid Sons Ltd as to its potential liability in the law of tort, specifically in regard to the losses and injuries caused to David and Percy, respectively, by the discharge of excess chemical fumes from its waste treatment plant; and, more generally, in regard to potential claims from nearby residents and businesses in regard to the interference caused to their TV, broadband and mobile phone reception. While it is likely that each of these potential categories of claim would be brought in the tort of private nuisance[1], it should be noted that this tort has developed into two separate categories, defined by the nature of the damage suffered, each with its own particular legal requirements. Before one can advise on which category should apply in any given case, it is first necessary to understand the historical and, to some extent, public policy context of this development: Historically, the tort of private nuisance was c onsidered to be a strict liability tort. However, during the Victorian era, there was growing concern that the strict liability nature of this tort would interfere with the industrialization process[2]. Therefore, in the case of St Helens Smelting Company v Tipping (1865)[3] a distinction was introduced between the approach which should be adopted in cases where à ¢Ã¢â€š ¬Ã…“the alleged nuisance produces material injury to [a] property,[4]à ¢Ã¢â€š ¬Ã‚  and the approach which should be adopted when the nuisance complained of involves à ¢Ã¢â€š ¬Ã…“personal inconvenience and interference with oneà ¢Ã¢â€š ¬Ã¢â€ž ¢s enjoyment, oneà ¢Ã¢â€š ¬Ã¢â€ž ¢s quiet, oneà ¢Ã¢â€š ¬Ã¢â€ž ¢s personal freedom [or] anything that discomposes or injuriously affects the senses or the nerves[5]à ¢Ã¢â€š ¬Ã‚  In the former case, the tort of private nuisance was to be considered a strict liability tort; whereas, in the latter case, the Court, when determining whether or not to impose liability, was deemed entitled to consult such factors a s the reasonable residential expectations[6] and also the personal sensitivities of the complainant. With this development in mind, let us now turn to examine the likelihood of David and Percy being able to bring successful claims against Druid Sons in the tort of private nuisance, and also the likelihood of claims being brought by other residents for interference to their TV, broadband and mobile phone reception: David v Druid Sons in the tort of private nuisance: The first thing to note is that David will only be able to bring a claim against Druid Sons if he possesses a proprietary interest in the land in question (i.e. the land on which the grass was being grown)[7]. On the facts, there is no indication that David does not possess such an interest. In regard to which branch of the tort will apply in this case: As per our earlier analysis, because the damage suffered by David is material in nature, in that its extent does not depend upon his own preferences and/or sensitivities, the strict liability branch of the tort of private nuisance will be applicable, and it is therefore irrelevant whether or not the Druid Son recycling plant existed before David commenced using his land for rearing Jersey cows[8]. In regard to proving that the damage suffered was actually caused by the excess chemical discharge in question: So long as the existence of this excess discharge can be proved on the balance of probabilities and also that the chemicals in question are likely to interfere with the health of livestock, if ingested, then the Court will not require David to prove that it was this chemical discharge which caused his Jersey cows to become ill. This damage will likely be presumed in accordance with the principle handed down in the case of Fay v Prentice (1845)[9]. In regard to David being able to satisfy the test of remoteness applicable to the tort of private nuisance: In the case of McKinnon Industries Ltd v Walker [1951][10] it was held th at damage caused to crops, by the excess emission of Sulphur Dioxide, from a neighbouring industrial plant, was not too remote a type of damage to be deemed actionable in this tort. In my opinion, if this type of damage is to be considered actionable in the tort of private nuisance, then so too should the damage arising as a foreseeable and direct result of crops becoming contaminated in this way: Where grass crop is being grown for the purpose of feeding livestock then, if one accepts that the damage to these crops is actionable, then it follows that damage to the livestock as a result of their eating these crops will also be deemed actionable by the Courts, although only to the extent that this damage has affected the value of the land[11]. In regard to the defences available to Druid Sons: It is unlikely that it will be able to rely upon the defence of statutory authority, even if it has complied with its statutory obligations under the relevant environmental regulatory instr uments, unless it can be shown that the excess emissions complained of were an unavoidable result of the licensed industrial activities being undertaken[12]. In this case, the excess emissions could have been prevented, presumably, by employing a higher capacity fume collection system. It will also be impossible for Druid Sons to rely upon the defence of twenty yearsà ¢Ã¢â€š ¬Ã¢â€ž ¢ prescription, because this would require evidence that the plant has been emitting excess amounts of chemical compound for a continuous period of twenty years, which is not the case, as the excess emissions complained of were à ¢Ã¢â€š ¬Ã‹Å"unexpectedà ¢Ã¢â€š ¬Ã¢â€ž ¢ and a result of a à ¢Ã¢â€š ¬Ã‹Å"particularly busy period of workà ¢Ã¢â€š ¬Ã¢â€ž ¢. In conclusion, it is likely that David will be able to bring a claim against Druid Sons in the private tort of nuisance; although the damages available to him will be limited to the damage caused to his the value/ amenity of his land. In this reg ard, he will not be able to recover the cost of his veterinary bills via the tort of nuisance, but will be entitled to some compensation for the temporary (or permanent) loss of the amenity of his land, presuming that he had to relocate the cows to another field, or decontaminate the land in order to restore its utility. In order to recover these specific veterinary costs, it will be necessary to bring a concurrent claim in the tort of negligence. David v Druid Sons in the tort of negligence: While there will be no difficulty establishing a duty of care, in light of the physical proximity of the parties[13], because the emissions in question were à ¢Ã¢â€š ¬Ã‹Å"unexpectedà ¢Ã¢â€š ¬Ã¢â€ž ¢, it might be possible for Druid Sons to argue that they were not in breach of this duty because there was no way that any waste plant, however competent, would have predicted these effects. If the Court is satisfied that the plant did adhere to all relevant professional standards, it is highly unlikely that a claim for negligence brought by David would be successful[14]. However, if the excess emissions could have been predicted as a result of accepting a larger than usual amount of work, then it is likely that Druid Sons will be considered to have acted in breach of its duty of care towards David. However, in order to claim damages for the veterinary costs, David must prove that, on the balance of probabilities, his cows would not have required treatment à ¢Ã¢â€š ¬Ã‹Å"but for[15]à ¢Ã¢â€š ¬Ã¢â€ž ¢ the negligence of Druid Sons. The result of this enquiry will depend upon expert testimony. Presuming that factual causation can be established, the final element of the tort of negligence which must be satisfied is the test for remoteness of damage. The appropriate test in such cases is one based upon factual assessments of reasonable foreseeability[16]. I see no problem here: In the case of Stewart v West African Terminals Ltd [1964][17] it was held that à ¢ â‚ ¬Ã…“it is not necessary that the precise concatenation of circumstances should be envisagedif the consequence was one which was within the general range which any reasonable person might foreseeand anticipate.à ¢Ã¢â€š ¬Ã‚  In conclusion, presuming that David will be able to prove factual causation on the balance of probabilities, he will likely be able to bring a successful claim in the tort of negligence to recover the costs associated with the treatment of his cows. Percy v Druid Sons in the tort of private nuisance for the damage caused to his crops: The major difference between Davidà ¢Ã¢â€š ¬Ã¢â€ž ¢s claim in the tort of private nuisance and that which may be brought by Percy is the fact that Percyà ¢Ã¢â€š ¬Ã¢â€ž ¢s land is several miles away from the plant whereas Davidà ¢Ã¢â€š ¬Ã¢â€ž ¢s land is immediately adjacent to it. Therefore, even if the Courts presume damage in accordance with the principle espoused in the case of Fay v Prentice (1845)[18], ther e may be difficulty in proving that the damage in question was reasonably foreseeable. After all, the decision in the case of McKinnon Industries Ltd v Walker [1951][19] was made in regard to damage caused to crops on a neighbouring farm. This assessment will depend upon evidential considerations, such as the likelihood of emissions travelling several miles, the degree of dissipation which would likely have occurred over that distance and how these factors ought to affect the reasonable foreseeability of the kind of damage suffered by Percy. Presuming that the test for foreseeability can be satisfied on the balance of probabilities, then Percyà ¢Ã¢â€š ¬Ã¢â€ž ¢s claim in this regard will likely be successful and he will be able to recover the losses sustained to his land[20]. Percy v Druid Sons in the tort of private nuisance for personal injury: Generally, damages for personal injury are not recoverable in the tort of private trespass. However, in the Hunter case it wa s held that a claimant can recover for his loss of amenity (of his land only) as a result of the person injury in question, for example if the value of the land has decreased as a result of it being dangerous to occupy. In this case, because the excess emission causing the damage was a one-off à ¢Ã¢â€š ¬Ã‹Å"unexpectedà ¢Ã¢â€š ¬Ã¢â€ž ¢ event, it will be difficult for Percy to argue that the private nuisance has caused the value of his land to significantly decrease in this way. Percy v Druid Sons in the tort of negligence for personal injury: So long as it can be shown that emissions of the kind in question are capable of travelling several miles and still causing damage at that distance, then the analysis provided earlier in regard to Davidà ¢Ã¢â€š ¬Ã¢â€ž ¢s claim against Druid Sons in the tort of negligence will be equally applicable to Percyà ¢Ã¢â€š ¬Ã¢â€ž ¢s claim. If these same requirements are satisfied, then Percy will be entitled to claim damages for his pain s uffering and loss of amenity [not only as a result of the attack itself but also in regard to the distress associated with recalling/ remembering that event[21]] and also for his pecuniary losses [as a result of not being able to work for a period of 2 weeks[22]]. If there is any chance that Percy might again have to take time off work, as a direct result of his original attack, then he may also be granted a provisional award[23]. A claim by local residents and businesses whose TV, broadband and mobile phone receptions are interfered with by the general omissions of the Druid Sons Plant: While it has been held at law that the interference, by a building, of TV, broadband or mobile phone reception cannot amount to a nuisance in the law of tort[24], this does not necessarily apply to interference caused by emissions from a building. After all, such damage may substantially affect the amenity of land; for example, it would be more difficult to sell a house which was unable to re ceive TV signals at that same price as a similar property which was able to receive TV signals. In this regard, presuming that the degree of interference is significant, then the test of substantiality as handed down in the case of Sedleigh-Denfield v Oà ¢Ã¢â€š ¬Ã¢â€ž ¢Callaghan (1872)[25] would likely be satisfied. However, the defence of proscription would be able to defeat such claims if the plant has been interfering with such signals for a continuous period of twenty years and this interference has never been challenged successfully[26]. Likewise, if Druid Sons can prove that all such plants necessarily interfere with these signals, then any claims arising could be defeated on the basis of statutory authority[27]. If neither of these defences apply, then it is possible that Druid Sons could face multiple claims by nearby residents and businesses in the tort of private nuisance. Conclusions: In regard to a potential claim by David in the tort of private nuisanc e: It is likely that such a claim would be successful and that David could recover a sum of money in damages for the loss of amenity which he suffered as a result of the material damage caused to his land. In regard to a potential claim by David in the tort of negligence: Presuming that David can prove, on the balance of probabilities, that his cows would not have required veterinary attention but for the excess toxic emissions released for the Druid and Son waste plant, then his claim will likely be successful and the company will be liable to meet the costs of the said treatment. In regard to a potential claim by Percy in the tort of private nuisance for the damage caused to his crops: So long as it can be proved that it is capable for emissions to cause damage over a distance of several miles, then it is likely that such a claim would be successful and that Percy could recover a sum of money in damages for the loss of amenity which he suffered as a result of the material da mage caused to his land. In regard to a potential claim by Percy in the tort of private nuisance for the personal injuries which he has suffered: Such a claim will not be possible. In regard to a potential claim by Percy in the tort of negligence for the personal injuries which he has suffered: Such a claim would likely succeed so long as it can be proved that Percy would not have suffered his asthma attack but for the excess toxic emissions released for the Druid and Son waste plant and also that this type of damage was a reasonable foreseeable consequence of excess emissions being released. In regard to claims arising from local residents and businesses in regard to the interference caused to their TV, broadband and mobile reception by the plantà ¢Ã¢â€š ¬Ã¢â€ž ¢s emissions: If the plant has been interfering with these signals for a period of at least twenty years or such interference is a unavoidable consequence of operating such a plant, then such claims would likely fa il. Otherwise, such claims would be likely to succeed. References: St Helens Smelting Company v Tipping (1865) 11 H.L.C. 642 Brenner, J. (1973) Nuisance Law and the Industrial Revolution. 3 Journal of Legal Studies 403. Harlow, C. (2005) Understanding Tort Law. Sweet and Maxwell Publishing. Sturges v. Bridgeman (1879) 11 ChD 852 Miller v Jackson [1977] QB 966 Bliss v Hall (1838) 4 Bing NC 183 Southwark LBC v Mills [2001] 1 AC 1 Fay v Prentice (1845) (1845) 1 CB 828 McKinnon Industries Ltd v Walker [1951] 3 DLR 577 Hunter v Canary Wharf [1997] 2 All ER 426 Winfield and Jolowicz (2002) Winfield and Jolowicz on Tort [W.V.H. Rogers (ed.)]. Sweet and Maxwell Publishing. Allen v Gulf Refining Ltd. [1981] AC 1001. Vancouver General Hospital v McDaniel (1934) 152 LT 56 Barnett v Kensington and Chelsea Hospital Management Committee [1969] 1 QB 428. Rigby v Hewitt (1859) 5 Ex. 240, at 243. Stewart v West African Terminals Ltd [1964] 2 Lloydà ¢Ã¢â€š ¬Ã¢â€ž ¢s Rep 371 Sedleigh-Denfield v Oà ¢Ã¢â€š ¬Ã¢â€ž ¢Callaghan (1872) 8 Ch App 8 Phelan v E. Cumbria HA [1991] 2 Med LR 419. Hussain v Lancaster CC [1999] 4 All ER 125 Hulley v Silversprings Bleaching Co [1922] 2 Ch. 281. Footnotes [1] Brenner (1973) pp 403-4 [2] As Harlow (2005) p84 writes: à ¢Ã¢â€š ¬Ã…“If landowners were entitled to protect the rural uses and amenities of their land through a tort of strict liability, progress, and particularly industrial progress, could be brought to a standstill.à ¢Ã¢â€š ¬Ã‚  [3] 11 H.L.C. 642 [4] Lord Chancellor, Lord Westbury in St Helens Smelting Company v Tipping (1865) 11 H.L.C. 642, cited by Harlow (2005) p85 [5] Ibid. [6] For example, what a resident would reasonably consider a private nuisance in Berkley Square (an highly residential and affluent area in Central London) may not be considered so for residents living in Bermondsey (an highly industrial area outside the centre of London). This was a point made by Lord Justice Thesiger in the case of Sturges v. Bridgeman (1879) 11 ChD 852 at 865. It was this reasoning that was controversially employed by Lord Denning in the case of Miller v Jackson [1977] QB 966, to argue that a claim of private nu isance brought by the neighbouring resident to a village cricket ground should be defeated; namely, that because he chose to move into a property that was adjacent to a cricket ground, he ought reasonably to have expected his property to be damaged by high-flying balls, from time to time. However, because the damage in question was material, the majority of the Court of Appeal felt bound to follow the decision handed down in the case of Bliss v Hall (1838) 4 Bing NC 183, in which it was held that coming to nuisance is no defence in cases which involve material damage, i.e. damage which exists to the same extent regardless of the claimantà ¢Ã¢â€š ¬Ã¢â€ž ¢s personal preferences and sensitivities. If the type of damage in the Miller case had been non-material discomfort, for example arising from the noise of the balls being struck, then Lord Denningà ¢Ã¢â€š ¬Ã¢â€ž ¢s reasoning would have been appropriate. For an example of a case where such reasoning was employed successfully to defe at a claim of private nuisance, see Southwark LBC v Mills [2001] 1 AC 1. [7] Hunter v Canary Wharf [1997] 2 All ER 426 [8] See the analysis provided in footnote 6 in regard to the application of the principle espoused in the case of Bliss v Hall (1838) 4 Bing NC 183. [9] (1845) 1 CB 828. As Winfield and Jolowicz (2002) p 534 write: à ¢Ã¢â€š ¬Ã…“If damage were not presumed, it might be difficult to establish that any one act had caused it.à ¢Ã¢â€š ¬Ã‚  [10] [1951] 3 DLR 577. [11] See the dictum of Lord Lloyd in the Hunter case [1997] 2 All ER 426, at 442. [12] Allen v Gulf Refining Ltd. [1981] AC 1001. [13] As Winfield and Jolowicz (2002) p 141 note: à ¢Ã¢â€š ¬Ã…“An occupier is under a duty to take steps to remove a hazard on his land which threatens neighbouring propertyà ¢Ã¢â€š ¬Ã‚  [14] Vancouver General Hospital v McDaniel (1934) 152 LT 56, at 57. [15] Barnett v Kensington and Chelsea Hospital Management Committee [1969] 1 QB 428. [16] Rigb y v Hewitt (1859) 5 Ex. 240, at 243. [17] 2 Lloydà ¢Ã¢â€š ¬Ã¢â€ž ¢s Rep 371, at 375 [18] (1845) 1 CB 828. As Winfield and Jolowicz (2002) p 534 write: à ¢Ã¢â€š ¬Ã…“If damage were not presumed, it might be difficult to establish that any one act had caused it.à ¢Ã¢â€š ¬Ã‚  [19] [1951] 3 DLR 577. [20] We have presumed that Percy has a proprietary interest in his land, as per the decision in the case of Hunter v Canary Wharf [1997] 2 All ER 426. [21] Phelan v E. Cumbria HA [1991] 2 Med LR 419. [22] Winfield and Jolowicz (2002) p769 at 22.23 [23] Ibid. [24] Hussain v Lancaster CC [1999] 4 All ER 125 [25] (1872) 8 Ch App 8 [26] Hulley v Silversprings Bleaching Co [1922] 2 Ch. 281. [27] Allen v Gulf Refining Ltd. [1981] AC 1001

Learn About Using Constants in Java

There are many values in the real world which will never change. A square will always have four sides, PI to three decimal places will always be 3.142, and a day will always have 24 hours. These values remain constant. When writing a program it makes sense to represent them in the same way - as values that will not be modified once they have been assigned to a variable. These variables are known as constants. Declaring a Variable As a Constant In declaring variables we showed that it’s easy to assign a value to an  int variable: int numberOfHoursInADay 24; We know this value is never going to change in the real world so we make sure it doesn’t in the program. This is done by adding the keyword modifierfinal: final int NUMBER_OF_HOURS_IN_A_DAY 24; In addition to thefinal keyword you should have noticed that the case of the variable name has changed to be uppercase as per the standard Java naming convention. This makes it far easier to spot which variables are constants in your code. If we now try and change the value ofNUMBER_OF_HOURS_IN_A_DAY: final int NUMBER_OF_HOURS_IN_A_DAY 24;NUMBER_OF_HOURS_IN_A_DAY 36; we will get the following error from the compiler: cannot assign a value to final variable NUMBER_OF_HOURS_IN_A_DAY The same goes for any of the other primitive data type variables. To make them into constants just add thefinal keyword to their declaration. Where to Declare Constants As with normal variables you want to limit the scope of constants to where they are used. If the value of the constant is only needed in a method then declare it there: public static int calculateHoursInDays(int days) { final int NUMBER_OF_HOURS_IN_A_DAY 24; return days * NUMBER_OF_HOURS_IN_A_DAY; } If it’s used by more than one method then declare it at the top of the class definition: public class AllAboutHours{ private static final int NUMBER_OF_HOURS_IN_A_DAY 24; public int calculateHoursInDays(int days) { return days * NUMBER_OF_HOURS_IN_A_DAY; } public int calculateHoursInWeeks(int weeks) { final int NUMBER_OF_DAYS_IN_A_WEEK 7; return weeks * NUMBER_OF_DAYS_IN_A_WEEK * NUMBER_OF_HOURS_IN_A_DAY; }} Notice how I’ve also added the keyword modifiersprivate and static to the variable declaration of NUMBER_OF_HOURS_IN_A_DAY. This means that the constant can only be used by its class (hence the private scope) but you could just as easily make it a public constant if you want other classes to have access to it. The static keyword is to allow the value of the constant to be shared amongst all instances of an object. As its the same value for every object created, it only needs to have one instance. Using the Final Keyword with Objects It’s very important to realize that when it comes to objects, Java does not support constants as you might expect. If you assign a variable to an object using thefinal keyword it means the variable will only ever hold the reference to that object. It cannot be changed to reference another object. However, it does not mean that the contents of the object cannot change. A Brief Note on the Const Keyword You may have noticed in the reserved words list that there is a keyword calledconst. This is not used with constants, in fact, it’s not used at all in the Java language.

Companion Animals Can Be Man s Best Friend, Right Essay

Companion animals can be man’s best friend, right? Yes of course, but what does one do when if something tragic happens to your companion animal? While companion animals are there, they can provide love, support, and can also be therapeutic. Like everything there can be a downside to this. You face a risk of tragedy with everything in life. The repercussions of losing a companion animal can vary from something minor such as sadness or severe as mental illness to physical illness. Some individuals would argue that losing one of man’s best friends makes that happiness seem like a short end deal. That however, is not the case at all! As Walsh informs us animal companionship is extremely important and nothing new to us humans. Ancient peoples valued the profound connections between humans and animals. In recent years, increasing research evidence confirms the physiological, psychological, and social benefits of interactions with animals and the therapeutic potential of animal-assisted programs in a wide range of settings. Yet the field of mental health has been slow to recognize the importance of these bonds in clinical theory, research,and practice (qtd. In Walsh 462-463). Companion animals can help with numerous different conditions. They provide help with depression, anxiety, blood pressure, schizophrenia, pet can elevate levels of serotonin and dopamine in the brain and help (Schultz) with high stress levels. Even though companion animals may die before the owner, whileShow MoreRelatedInformative Speech On Pitbulls1055 Words   |  5 PagesDyana Churchill Communications 103 Informative Speech Outline 11 October 2017 Pit Bulls - How We Can Help Protect Them General Purpose: To inform Specific Purpose: To inform my audience about that pit bulls are not always dangerous and how they can be such a great companion. Introduction (Attention Gainer :) What is the first word that comes to mind when you think of pit bull? According to Cesar Millan, â€Å"A bread is like a suit of clothes, it doesnt tell you anything about the dog inside.† CesarRead MoreEssay about Korean Dog Eating Tradition1179 Words   |  5 PagesKorean Dog Eating Tradition The Korean practice of eating dog meat has always been considered a peculiar tradition by foreigners. In recent years, this tradition has come under increasing pressure from animal rights activists, including Bridget Bardot, who wish to see the practice outlawed altogether by the South Korean government. This controversy came to a head in 2002, when activists convinced FIFA to put pressure on South Korea, the co-host of the World Cup, to ban dog meat. William SaletanRead MoreAll We Love, Many We Hate, Some We Eat By Hal Herzog And Watching Ted Talks933 Words   |  4 Pagesare the several different types of animal-human relationships. Here is where I came to a conclusion. I have always wondered how a relationship between humans and animals forms. If a pet is a private and homely animal that is kept for companionship and the pleasure of one s family, then what holds such a strong bond between animals and human when we are so different from each other? Although I have heard from so many people, that a dog is a man s best friend, I always wondered what completes theirRead MoreShould Animals Be A Man Best Friend?1494 Words   |  6 PagesNezumi Fox Nyarko Ms. Soto Writing April 20, 2016 A Man Best Friend Animals are known to be a man s best friend. Studies have even shown that owning animals have been proven to have many health benefits that include but are not limited to, lowering cholesterol, lowering blood pressure, lowering triglycerides, reduce stress levels, and provide the owner with better mental health. C.W. Von Bergen says â€Å"For centuries people have noted the animals can have a positive influence on human functioning,Read MoreCats Are Better Pets Than Dogs And Should Be Appreciated Essay1180 Words   |  5 Pagesrelaxed and calm. Everyone knows that a man s best friend is a dog, but what about a cat? Having a cat is just as important as a dog. At a young age, I had many pets including cats, and through my experience, I have learned a lot about them. I believe that cats are better pets than dogs and should be appreciated. Cats are cute and cuddly, but they can be dangerous when needed to. Having a cat is just like having a free exterminator at home. As stated by Animal Planet in their video, â€Å"Cats 101: DomesticRead MoreI Am Owned By Three Dogs2243 Words   |  9 Pagesever seen a dog, or even is aware that dogs exist, knows that dogs like to bark. Some dogs naturally bark more than others, but I do believe I have three of the barkiest dogs on this planet. (Is barkiest even a word? If not, it is now, because that s what I have). My dogs like to bark whenever anybody comes into the house, whether they are family or not. They bark when company goes out the door. My dogs like to bark at neighbors walking down the sidewalk, and if those neighbors are walking theirRead MoreAnimals Exhibit Moral Behavior?1467 Words   |  6 PagesAnimals exhibit moral behavior. However, is it out of remorse, for example, or is it because of their owners’ display of disappointment (anthromorphism) – no answer is as definite as it seems (Horowitz and Bekoff; Rosenstand). Even when some animal researchers, such as primatologists, seem convinced that some primates (such as chimpanzees, elephants) share empathic capacity (that is, manifest understanding of others’ pain and joy), research evidences are neither generalizable to the whole of animalRead MoreThe Pursuit Of Knowledge And Scientific Discovery1223 Words   |  5 Pagescreate a human being, some things are better left to nature. In our quest for knowledge we can do ourselves more harm than good. Through her novel Shelley tells us that on our path of scientific discovery there are some trails better left unexplored. Victor Frankenstein had a great childhood surrounded by love and happiness. He had a very supportive mother, a best friend in Elizabeth, and a school friend named Henry Clerval. Victor also had a mentor, a natural philosopher who explained to VictorRead MoreEvolution Of Dogs And The Wolf Dog Theory1153 Words   |  5 Pagesthe wild wolf to the ancestors of the modern dog. â€Å"This represents how close an animal will allow humans (or anything else it perceives as dangerous) to get before it runs away† (Raymond Coppinger 2011). Animals with shorter flight distances will loiter, and feed, even when humans were in their close vicinity. A behavioral trait such as this would have been passed on to following generations. This created animals that became increasingly more relaxed around humans. â€Å"My argument is that what domesticatedRead More Of Mice And Men Essay896 Words   |  4 Pagesnovel ‘Of Mice and Men’ reveal life in the 1930’s. A time very diverse to ours. Steinback, the author of this novel wrote about various issues such as lifestyle of the travelling ranchmen, loneliness, friendship, the American dream, racism and sexism. The book is about two migrant labourers, George Milton and Lennie Small in California. Together they have a dream to save up enough to own a farm where George is his own boss and Lennie can have animal to feed and pet. But the failure of their dream

National Identity in an Advertisement for Issues- myassignmenthelp

Question: Discuss about theNational Identity in an Advertisement for Global Issues. Answer: Stuart Hall described National identity as not the thing people born with; it forms and transforms the mind of the people from inside. The statement is very true, as when a baby is born, it does not know any national identity. Birth just simply involves a set of parents who just happens to have a nationality (Hall 291-299). It is the upbringing of the baby, which determines the national identity (Hall 291-299). The Vogels advertisement clearly stirs the cup of national identity in this advertisement. The advert comprises eight proud Kiwis and their life story. Not all of them are purely kiwi by ethnicity or by birth. All of them are different, albeit, they all have the same national identity. They are bringing something special to the table. Stuart Halls statement about National identity is apt for the Vogels advertisement, as the casting of this advertisement comprises the real Kiwis who are uniting as the citizen of New Zealand, but in a diversified form as they are all different; their story is also different from the others. Not all of them are born Kiwis but they identify themselves as a proud kiwi. National identity is a mindset through which the child senses a feeling of belonging somewhere. However, nationalism is a different concept. Nationalism gives rise to a prior sense of superiority, which leads the people to believe that they are better than the others are (Frith et al. 29)( Jackson 490-495). The social identity of a person can be described as the self-concept of a person who thinks of himself and herself as a member of a desired social group. The social identity theory accepts the definition of National identity and suggests another concept, which says that the concept of national identity includes self-categorization (Perry 134-137). When the person identifies with a nation, it can be described as self-categorization. When the person emotionally related and is attached to the nation, it affects the person. The mass media is well aware of the importance of nation identity in the mind of the people. The sociologists understand that how the emotion, related with their respective nations is embedded in the consciousness of the people. The creative mind of the advertising agencies has taken the concept of national identity to sell their commodity. The recent advertisement of Vogels bread, which comes with the tagline of what do you bring to the table? pulls the right chord of national identity inside the Kiwi heart. The specialty of the advertisement is, this advertisement does not follow any particular script. This advertisement does not even look like an advertisement for bread and the advertisers did not need any national icon or film stars to endorse the bread. This elongated advertisement just comprises of a bunch of commoners who had different background sitting on a brunch table and talking about their life experience while the background plays a beautiful song sung by Chris Knox (Not given lightly). These commoners only had one thing in common. They are all proud Kiwis. The advertisement would seem odd in the first place, as it does not even show the bread they are advertising. However, the advertisement shows the uniqueness of being a Kiwi, by striking the right chord in the Kiwi heartstring. This revolves around the idea of national identity. The idea of the advertisement is unique as it centers around eight Kiwis and their real-life story. The people featured in the advertisement find themselves bringing their real-life story on the table. The brought something unique and special on the table, just as Vogels bread does. None of the eight has met each other before; therefore, they know nothing about each other. In the advertisement, the group sat together, broke the bread and shared their stories with each other (Jackson). When they started to share their stories, they connected with each other instantly. They started sharing a few laughs and ends up having lot of respect towards each other. The camera crew just perfectly captures the face of all the people as their personal story unfolds. Nothing in the advertisement is made up as any of the normal advertises. Vogel just presented the people of New Zealand a perfectly spontaneous and heart touching advertisement. In the advertisement, there is a single father of three girls; there is a woman who taught kids in Iraq, a Kiwi of Chinese descent who can speak Te Reo Maori fluently. The advertise also features a kiwi of Indian descent who can name every black person he met since his time in New Zealand, a girl who thinks of sign language as her first language even if she is not disabled, a woman who has a unique experience of standing between a harpoon and a Whale. The advertisement is truly unique as unlike the other conventional advertisements, it focused on capturing the moments of the people who were sharing the experiences amongst each other. The result of the advertisement is amazing as it looks like a piece of authenticity and truth. The brand Vogel is the part of the market of New Zealand for 50 years. In these 50 years, New Zealand has changed a lot. Vogel wanted to celebrate the National identity of being a Kiwi by celebrating the diversity and uniqueness the common people bears (Imran 76-82). They wanted to bring the uniqueness and specialty of the people by bringing them in a table together just as Vogel does by bringing something special to the table. National identity is an emotion of the mind of the people who identify themselves as a part of a community even if every person is unique. The Vogels advertise brought the diversity of the community by bringing eight completely different people together and celebrated the emotion of national identity by celebrating their uniqueness. Not all of them in the advertisement are originally from New Zealand, but their National identity belongs to New Zealand. This proves Halls statement was true. Reference: Frith, Katherine Toland, and Mueller, Barbara.Advertising and societies: Global issues. Peter Lang, 2010: pp 29 Hall, Stuart. "National cultures as imagined communities."Modernity and its Futures,1992: pp. 291-299. Imran, Sana. "Strengthening the National Identity through Brands."Advances in Economics and Business5.2 2017: pp- 76-82. Jackson, Steven J. "Assessing the sociology of sport: On media, advertising and the commodification of culture."International Review for the Sociology of Sport50.4-5 2015: pp- 490-495. Jackson, Steven. "Reflections on communication and sport: On advertising and promotional culture."Communication Sport1.1-2 2013: pp. 100-112. Perry, Nick.The dominion of signs: Television, advertising and other New Zealand fictions. Auckland University Press, 2013: pp-134-137

Martha Stewart Living Omnimedia, (MSO)

Introduction Martha Stewart Living Omnimedia (MSO) is a well renowned, brand name. When the Chief Executive officer is the â€Å"brand†, it can be difficult to separate their personality from the identity of the company they represent.Advertising We will write a custom essay sample on Martha Stewart Living Omnimedia, (MSO) specifically for you for only $16.05 $11/page Learn More The values of the company are bigger than those of the founder, this is evident from the continued success in fortune, especially after its founder was accused of business malpractices such as; insider trading. This was in contrast of what analyst had predicted. It is imperative for any company to take into account alternative strategies in enhancing personal and organizational effectiveness. External and internal elements of communication should encompass extensive research for better planning and implementation to identify, with common patterns of organizational behavior and consumer attitudes (Polk Wardwell, 2008). It would influence the strategy of sustaining its limelight, creating a competitive marketing strategy and restoring its image. Work Groups At MSO, teamwork within the work groups is emphasized to enhance multiple decisions; diverse experiences and collective judgment .For the team to exist individuals have to perceive themselves as part of the group. Thus, Martha Steward Living Omnimedia (MSO) in repositioning itself should take advantage of communication channels including social media to obtain customer feedback and build on them to improve its service and product delivery. Besides, through data obtained about employees should help the organization in identify areas to improve on. Rebranding, of any company is bound to fail if organization’s employees do not support it.Therefore, decisions made should incorporate suggestions from the people who identify most with the products. The effectiveness in employees’ performanc e enhances discipline, how employees relate with each other, their morale and instill motivation. Communications in a work group not only serve the need of informing, but also it is an important tool for controlling and an element of motivation. Therefore, for mutual and shared responsibilities among employees in the organization, effective communication in decisions made is critical for management at MSO to obtain positive feedback from their subordinates and other stakeholders. Communication The management should provide an elaborate communication strategy to strengthen performance and make employees feel part of the organization, become aware of ongoing trends and refute their fears about the organizations future goals. An organization is a society endowed with diverse employees of different backgrounds and culture. Hence, communication strategies are imperative in passing important organization information.Advertising Looking for essay on business economics? Let's see if w e can help you! Get your first paper with 15% OFF Learn More Top management at MSO has to identify fitting strategies in terms of management style, which can increase; employee’s motivation, creates satisfaction, and enhances organizations behavior and performance. In resolving disillusionment, and high expectations bestowed on them by the public, strategies such as; participatory management is essential in building trust, empowering and motivating an employee in performing tasks (Passikoff, 2006). Communication is therefore a key factor whether written or delivered orally. It is the only way; an organization’s stakeholders can express their expectations, suggestions, and any concerns or grievances they might have. In creation of a unique profile, proper communication input should emerge from the feedback obtained internally and externally. Rebranding Mason and Meyer (2006) indicate that rebranding as a process has direct impact on how the company is perceived by external environment. Change, as an element in shaping most organizations impact on all parties in an organization and major adjustments should be expected. The management at MSO in managing organizations crisis, resistance, and formulating important decisions will help to move in the desired growth direction. Rebranding a powerful brand like Martha Steward would be more destructive especially to the morale of many employees than it would be constructive and careful deliberations should be undertaken to protect employees from feeling alienated. Martha Steward heritage as to be factored during the process of rebranding. This is simply because it would seem like an effort to counter negative publicity more than its efforts to reposition or globalize the brand (Passikoff, 2006). Although many other companies like Pepsi or Google have been successful in rebranding themselves, the rebranding of Martha Steward would be a move from a more individualized to a cooperate feel than many co nsumers might not identify with. Instead, it should concentrate on striking a balance in building an identity from the individual and taking advantage of the appealing Martha’ public image. Conclusion Marketing strategies of an organization can be hinged on its branding and communication among other important strategies. These factors are important in enhancing the organizations’ consumer perception and forming strong collaborative partnerships with similar competitors. These strategies are not only important in enhancing organization services, and products, but also leverage an organization against its competitors and enhance employee’s morale.Advertising We will write a custom essay sample on Martha Stewart Living Omnimedia, (MSO) specifically for you for only $16.05 $11/page Learn More Reference List Mason, A. Meyer, M. (2006).Living With Martha Stewart Media: Chosen Domesticity in the Experience of Fan. Journal of communication, (51),pp. 801-823 Passikoff, R. (2006).Predicting Market Success: New Ways to Measure Customer Loyalty and Engage Consumers with Your Brand, New Jersey: John Wiley Sons Inc. Polk, R. Wardwell, L. (2008). A Comparative Study of  Insider Trading  Regulation Enforcement in the U.S. and China Journal of Business Securities Law, (9), pp. 56-63 This essay on Martha Stewart Living Omnimedia, (MSO) was written and submitted by user Collin Collier to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Turabian Principles

Turabian Principles Few styles have proven so effective as the Turabian method. In fact, Kate Turabian created a delicate blend of modern language guidelines and common sense, which has long been used for reference by academia. Replete with guidelines and instruction, the Turabian manual is your first step for solid paper writing. The Turabian Principles When Kate Turabian began writing her style manual, she wanted to provide a resource for the modern student. Clarity of instruction became as important as clarity of style. In a simple, straightforward way, she began to outline the principles of good writing. Unlike other style manuals which simply list guidelines and rules, the Turabian manual provides general guidance, as well. It guides students through their first approach towards their paper, and stays with them through the finalization of their citations. With advice for all sorts of academic papers, the Turabian manual has become a reference for writers of high school term papers and dissertations, alike. The Modernized Manual This manual has been recently revised and reissued by the University of Chicago Press. It now conforms to the stylistic guidelines set out by the Chicago Manual of Style. The new edition also includes guidance for the computer age, and students using word processors.

Communication in business Essay Example | Topics and Well Written Essays - 1000 words - 2

Communication in business - Essay Example For sustainability purposes, Cemex Company has capitalized on sustainable development where the company emphasizes the aspect of making profit. The company has also well structured management policy that supports the efforts needed in promoting positive environmental strategies beneficial to the community2. The company has a structure which promotes the right of employees within the company’s environment, their customers and environment. These efforts are aimed at promoting effective corporate social responsibility in the community3. 1. Lessons Learnt Cemex employs the use of CxNetworks to attain their business objectives in global and providing their services to the community through CSR4. The company undertook this aspect by selling some of their assets and buying some important raw materials from the community. The use of the CxNetwork is beneficial to the company since it easy to do business with it and also assists in availing the online procurement web site. In this way, the company uses sustainability strategies to respect the CSR, which has proved to be more effective to the community5. The other lesson learnt from the past undertaking of the company is their partnership with Sinoma Energy Conservation from China in 20th March, 2012. The company manufactures it products from the waste from China. This in turn saves environmental resources and at the same time, recycles resources in order to make profit. This strategy improves the element of sustainability in making valid decisions, thus increasing the revenue and minimizing costs of the company. For the experience as a company, we strongly believe there is need to create environmental friendly approaches that will sustain the environment and promote the community through CSR principles. 2. Recommendations i). Develop comprehensive action plan that will provide a framework for promoting the principle of sustainability to address the problem of dereliction of the environment6. Benefits and Implicat ions a. The community will benefit through the element of corporate social responsibility since the community will participate in the process of formulation of the principles. The community will benefit in environment where the element of sustainability is guaranteed. b. The Local Network will gain from the principles thus minimizing the effects of environment dereliction caused by quarrying. This will also ensure that the Network’s activities are paralyzed by the community because the community now is the beneficiaries. ii). Employ both the use of local and external resources and manpower from the community through partnership including Local Network officials, developmental organizations, local community-based organizations, and government agencies7. Benefits and Implications a. The community through the CSR will enable the community members to access a vast expertise on ways of sustaining the environment thus making the objectives of the community realizable, b. The Networ k officials will be able to meet their financial obligations in the long-term thus offering members with the prospective of timely carrying out their chief business operations. iii). Incorporate the community‘