Introduction to Negligence, Tort Law

Introduction to Negligence, Tort Law Discuss what is meant by a ‘duty of care’ in the tort of negligence. Explain the test which is applied in the tort of negligence to determine whether the defendant breached the legal duty of care owed to the claimant. What factors would a court take into account when determining how a reasonable person would act? Duty of care Test applied for determining Factors court would take into account to determine how a reasonable person would act Tort law Tort in general are a set of rights, obligation that are provided to the citizen by a civil court in order to maintain safety of people and provide remedies for persons who have been inflicted suffering/losses by the wrongdoings of other citizens. (http://legal dictionary.thefreedictionary.com/Tort+Law) A tort is a wrongdoing by a citizen towards another for which he/she is tried in the court of law. The plaintiff is the person against whom the wrong has been committed and who has suffered losses. Whereas, the person because of whom the damages/losses have occurred to the plaintiff is known as the defendant. The law of tort is obtained from common law principles that have come from case laws and legislative enactment. Torts are not dependent on any sort of agreement between the two parties involved and this is how tort law is distinguishable from breach of contract or any other type of law. Moreover, it is the citizen who brings the tort case even though criminal prosecutions are applied by the state. Defendants, in case of tort law, do not receive fines and neither do civil courts incarcerate them. (http://www.findlaw.co.uk/law/government/constitutional_law/500400.html) The word tort is derived from a latin word ‘torquere’, meaning incorrect or twisted. There was no separate legal action under the English common law. In place of tort the English law system provided plaintiffs with two options of reparation: trespass for direct injuries and for indirect injury, action on the case. In time, other civil wrongdoings were also recognized by the English common law, for ex Defamation, libel, slander. English common law became popular in America and they started adopting it. The first U.S. treatises that were published had a portion of common law which was created under the tort law. Every tort action requires some criteria to be fulfilled. First, the plaintiff must prove that the defendant had a legal obligation to act in a particular manner. Second, the plaintiff must prove that the defendant breached this duty by acting in a wrong way. Third, the plaintiff must be able to prove that he suffered losses, damage and injury because of the defendant not being able to follow his legal duty. (http://legal dictionary.thefreedictionary.com/Tort+Law) The law of tort aims to serve the following objectives. First, tort law aims at providing compensation to the plaintiff for injury/losses suffered due to the misdoings of the defendant. Second, it tries to punish the defendant by making them pay for the cost of such losses/injury. Third, it seeks to make sure that such an irresponsible, careless behavior is discouraged in the future. Lastly, tort law seeks to claim the legal rights that are compromised or diminished. The above mentioned objectives me into play when the tort liability is imposed on defendants for negligence, intentional misdoings. Types of tort Intentional Torts Intentional tort is when a citizen or a group of people purposely indulge in an activity that harms or causes damage to another. For example, one person attacking another in a fight will be considered as an intentional act that would come under this tort. Seeing the above example it may look like an intentional tort may be categorized as a criminal case, but there are some differences between them. A crime can be thought of as when an individual’s actions damages or injures the interest of the society. Whereas, an intentional tort is when the actions of an individual affects/injures the property/well-being of one individual. While in a criminal case the charges are brought on by the government and can lead to jail sentence, in a tort the victim presses the charges against the defendant and is usually seeking for monetary compensation for the injury/damages caused by the defendant. Negligence Every individual/citizen is anticipated to behave in a particular manner and conduct themselves responsibly. This is also considered as a legal duty of the citizens as this would reduce the risk of damage/injury/harm to the others. If a citizen fails to abide by these requirements he/she is said to be negligent and the act comes under negligence. Tort of negligence has been the most prevalent tort. A lot different than the tort of intention, negligence tort doesn’t consider intentional actions by a person, whereas it takes into account the cases where an individual acts carelessly and fails to obey the above mentioned legal duties towards fellow citizen causing them harm/injury/damage. The most common case is of slip and fall wherein a property owner fails to behave as a rational person would, hence causing harm to the visitor. Strict Liability This type of tort (strict/absolute) involves imposing responsibility, for a damage/injury/harm, on the person who has done wrong without the requirement of proof of negligence or intention. What only count is that an action transpired which eventually led to injury/damage/harm of another person. The most major example is of defective products, where the liability is imposed irrespective of intent. In such cases the only requirement the injured person has to fulfill is to prove that the injury was directly caused by the malfunction of the product in order to have the law on their side. The company’s intention is this case is not taken into consideration. Business tort (http://www.inc.com/articles/1999/11/15387.html) In business tort the damage is not done to an individual but to imperceptible assets such as economic interest or business relations or contracts. Fraudulent Misrepresentation Fraudulent misrepresentation aims at protecting an individual’s economic interests and also their right to reasonable and true treatment. If a plaintiff wishes to file a fraud claim he/she must prove that the defendant purposely misrepresented a fact which the plaintiff relied on and was eventually harmed/suffered losses due to the misrepresentation. For example, if a company presents factually wrong/misleading financial statements to a bank in order to procure a loan and the bank relying on those statements provides the loan then the bank is eligible to file a case for fraud against the company if they aren’t able to pay the loan back. Fraud claim can be filed if the defendant had the duty to disclose a fact but he/she failed to do so. Like for instance a financial advisor on behalf of both buyer and seller may be held for fraud if he has knowledge about the toxic content of the property and fails to tell this to the buyer. TORT OF NEGLIGENCE The most common kind of tort that one comes across is the tort of negligence and is generally used to represent behavior that causes the unreasonable risk of harm to other individuals. There are a few elements that are required to be established for the negligence tort. They are as follows: A duty of care should exist between the plaintiff and the defendant. The defendant breaching that duty of care. Defendants breach causes direct harm/ injury/damage to the plaintiff. DUTY OF CARE A duty of care is when a person is required to behave carefully, with responsibility and attention towards other individuals in a way a reasonable person would. If the individual fails to meet the expected standard of care then they behavior is considered negligent and any damage/harm resulting from it may be filed for negligence it the court of law. (http://legal-dictionary.thefreedictionary.com/duty+of+care) Judges making decisions in various cases involving tort of negligence has led to the gradual development of duty of care. This first came to light in a case of negligence of donoghuev v Stevenson (1932) in which the plaintiff (mrs. Donoghuev) went to a cafà © with a friend of hers. Her friend brought her a drink of ginger beer and ice cream. The contents of the beer couldn’t be seen as it was in a dark bottle. Mrs. Donoghuev drank some of the beer and then poured the rest out and to her shock saw a dead, decomposing snail in the drink. This horrified mrs. Donoghuev and led to her becoming ill. The main reason of her falling ill was the sight and the ginger beer she had already drunk. In spite of clear negligence on the part of the manufacturer mrs. Donoghuev couldn’t claim against the manufacturer or the shopkeeper based on contract since she wasn’t the one who bought the drink. Mrs. Donoghuev’s friend bought the drink hence she could claim against the cafà © based on contract, but again since her friend didn’t suffer any kind of illness/losses apart from the fact that she had bought the defective good. In this case the only remedy that could be provided was money back to the friend and no remedy for mrs. Donoghuev’s health. Hence, mrs. Donoghuev decided to file a claim against the drink’s manufacturer (Stevenson). Her claims were based on the stomach illness and resulting shock from the consumption of the beer and the sight respectively. Whether her claim against the drink’s manufacturer would succeed or no was now dependent on the court’s decision. This situation led to lord Atkin’s famous statement. â€Å"The rule that you are to love your neighbour becomes in law, you must not injure your neighbour; and the lawyer’s question, ‘Who is my neighbour?’ receives a restricted reply.You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.Who, then, in law is my neighbour? The answer seems to be: persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question.† Donoghuev v stevenson (1932) was the first attempt that succeeded to set out a general principle with respect to the concept of the duty of care. As the lawyers began to realize that the above mentioned principle could be changed to be used with various types of cases, the test was restructured to create the three part test in the case of caparo v dickman (1990) The general parameters set in the test for caparo v dickman were as follows It should be reasonably foreseeable that an individual in the plaintiff’s position was at risk of injury/harm/damage. There should be satisfactory proximity between the two parties. Proximity here means that two parties involved should be close enough such that it is ‘reasonably foreseeable’ that negligence by one party leads to damage/injury to the other party. It should be just, rational and realistic to enforce liability on the defendant. All the above mentioned parameters should be met if a duty of care is to be payable by the defendant to the plaintiff. Also there is a necessity for each part to be proved and explained separately and unambiguously. Caparo Test The First Part – Foreseeablility This test is objective. Would it be foreseeable that someone in the claimants place might be injured by a reasonable individual? In Donoghue v Stevenson (1932) it can be seen that the consumer’s health will be affected if the snail gets into the bottle. This particular situation is of supplying consumable products with foreign bodies in it and a reasonable individual would be able to foresee that the consumer (plaintiff) may very likely be injured. In the case of Kent v Griffiths (2000) a patient was suffering from a serious asthma attack and therefore a doctor ordered an ambulance to take the patient to the hospital immediately. The ambulance control centre received the messaged and they acknowledged it. Without any acceptable reason the ambulance arrived very late, the result of which was that the patient suffered a heart attack. The heart attack could have been avoided if she had been attended to earlier. A reasonable individual would find it foreseeable that that the ambulance’s failure to arrive in time would cause the patient to suffer from serious harm. There have also been various cases where the courts have decided that it isn’t reasonably foreseeable that the plaintiff would suffer harm. For instance, in Bournhill v Young (1943) a motorcyclist crashed into a car and was killed due to driving too fast. Mrs. Bournhill, who was very close to the scene, was eight months pregnant. Mrs. Bournhill only heard the incident but didn’t actually see it. As she witnessed the blood on the road and body it led to her experiencing a severe shock which further led to her baby being born still. She filed a case against the motorcyclist blaming him for her plight. But the court denied her claims as they decided that the motorcyclist couldn’t have reasonably foreseen that his accident would affect mrs. Bournhill, hence he didn’t owe any duty of care to her. The Second Part – Proximity A duty of care exists only when the harm caused is reasonably foreseeable and also if the relation between the plaintiff and the defendant is sufficiently close. The same can also be seen in the case of Osman v Ferguson (1993) in which the police officers were aware of the risk the victim was at. The victim was hence murdered by the attacker. During the proceedings the courts established that the plaintiff and defendant had a sufficiently close relationship. However, the case failed because it was decided that it isn’t fair, just to impose a duty of care on the police. The Third Part – Fair, just and reasonable Generally, courts refrain from imposing a duty of care on the public authorities. However, is few situations the police do somehow owe a duty of care. In the case of MPC v Reeves (2001) a man with suicidal tendencies was taken into custody by the police. He hanged himself to death in the cell while he was in custody. In this particular case the police did owe the victim a duty of care. Breach of Duty Once a claimant has proved the duty of care is owed he must then show that the defendant breached that duty. This is merely when the defendant falls below the standard of care appropriate to the duty. Breach of duty is measured objectively by the ‘reasonable man test’. The reasonable man is the ordinary person performing the particular task: he is expected to perform it reasonably competently. Thus, when I am riding my bicycle, I am expected to be a reasonably competent cyclist who can ride a bicycle. Therefore, a number of factors that can be considered to raise or lower the standard. This is logical because a reasonable person will rightly take greater risks in an emergency, and take more care when the risk of harm is greater. For a breach of duty to occur, the court will take four factors into account: Now that the plaintiff has proved that duty of care exists the next step is to show that the defendant has breached that duty. -Thedegree of riskinvolved: the greater the risk, the more the defendant has to take care. (Bolton v Stone 1951). -Thecost of precautions: the courts will see how high the risk is involved, and then take into account the expense of taking precautions to prevent that risk (Bolton v Stone and Latimer v AEC). Potential seriousness of injures: so if there is a very high risk of serious injury, the more the defendant needs to be very careful (Paris v Stepney B.C. 1951). -Theimportance of the activity: in an emergency, sometimes it is not possible to reflect, think of a possible risk (Marshall v Osmand 1982). Standard for experts– where the defendant has some expertise, for example, he is a doctor carrying out medical treatment, then the standard of care is that which would normally be expected from a doctor. InBolam v Friern Hospital Management (1957)the judge said: A man need not possess the highest expert skill; it is †¦ sufficient if he exercises the ordinary skill of an ordinary competent man exercising that particular art. In some situations, it is difficult to know exactly what happened, although it is found obvious that the defendant was negligent. In these situations a rule calledres ipsa loquitur, which means (things speak for themselves) was developed by judges. It has to be shown that: à ¯Ã¢â‚¬Å¡Ã‚ ·The defendant was in control of the situation (causing injury). à ¯Ã¢â‚¬Å¡Ã‚ ·The injury was more likely than not to be caused by negligence. If the claimant proves these two things then the defendant has to prove that he was not negligent. This rule was shown in the case ofScott v London and St. Katherine Docks (1865)where the claimant was hit by six bags of sugar which fell from the defendant’s warehouse. The claimant could not say why the bags had fallen but the court ruled that the facts spoke for themselves and it was up to the defendant to prove that he was not negligent.

My Business Essay -- essays research papers

Personal Assessment: After doing comprehensive research I come to the conclusion, that by opening a Restaurant with Bosnian food would be very good business venture. By opening a restaurant with authentic Bosnian food within the Bosnian community of fifty thousand people would be very profitable. In a way risk free. My only concern is that this is my first time investing a large amount of money. Bosnian Food is very unique. Most Bosnian people have very busy schedules and they don’t have time to cook. My restaurant would feature traditional Bosnian food and atmosphere to make people feel as if they were in Bosnia. By opening this restaurant, families would be able to come to dine or to take food home that would make them feel at home and also employ many Bosnian people who can’t find jobs because of the language barrier. Uncontrollable variable in this case is that someone else may come up with the same idea shortly after I start my business. I want to start my own business for several reasons. My money, hard work, time, and effort would be invested in something that would, in the long run, benefit me, my family and also the Bosnian community. Research: Chicago is home to fifty thousand Bosnian people. Which makes it the largest Bosnian community in the United States. Bosnians started immigrating to United States in 1993Which means that this is a very young community with great potential. Memories of their homeland and home cooking are still very fresh in their minds and i...

A Street Car Names Desire Essay

A Street Car Named Desire deals with a culture clash between the Old South’s â€Å"plantation† mentality (priding itself on false pretenses) and the New South’s relatively uncivilized, yet real, grip on reality. The two characters who come to represent this tension are Blanche and Stanley Kowalski. Blanche advertises herself as a champion of â€Å"Southern Honor. † This entails an unfaltering dedication to virtue and culture. These are not, however, driving factors in her life but only mask her alcoholism and delusions of grandeur. By contrast, Stanley is an industrial worker who acts on habit and structure. Tennessee Williams juxtaposes illusion and reality by depicting the antagonistic relationship between the two by consistently employing symbolism. Blanche is constantly escaping the realities of life by retreating into her own fabrications. Her plummet into a delusional world begins when her beloved husband reveals himself to be gay and, soon after, shoots himself. She falls into a spiral of affairs after this event in a search to find emotional satisfaction and to reaffirm her womanhood. She ignores the obvious detrimental effect of her intimacies because all she wants is to be happy again: to be loved. Blanche physically escapes the reality of her life by leaving Belle Reve and Laurel to go to her sister’s home in New Orleans. Here, she misrepresents who she is and enters another relationship where she recreates her identity. When confronted about her lies, Blanche explains that she lies because she refuses to accept the hand fate has dealt her: I don’t want realism. I want magic! Yes, yes, magic! I try to give that to people. I misrepresent things to them. I don’t tell truth, I tell what ought to be truth. And if that is sinful, then let me be damned for it! (Williams, 34) Lying to herself and to others allows her to make life appear as she thinks it should be rather than as it is. Her final, deluded happiness (as her sister and Stanley commit her to an insane asylum) shows her acceptance that illusion is an adequate reality, but it also shows reality’s inevitable triumph. The driving force of reality, embodied by Stanley Kowalski, quickly dismantles all the falsities Blanche comes to represent. He is a practical man firmly grounded in the physical world who disdains fabrications. He finds meaning only in the primitive and straightforward: â€Å"There’s something downright bestial about him! †¦ He acts like an animal, has animal’s habits! †¦ Yes, something ape-like about him† (71). An animal would not create an alternate reality for a situation but would act according to the real, harshness of life in order to ensure its own survival. Stanley’s animal habits can be looked at as an appreciation only for tangible truths. In the end, Stanley succeeds in debunking all the false images Blanche created about herself. He goes out of his way to reveal Blanche’s past and then flaunts it in a crude, insensitive way: â€Å"Take a look at yourself here in a worn-out Mardi Gras outfit, rented for 50 cents from some rag-picker†¦ Do you know that I’ve been on to you from the start, and not once did you pull the wool over this boy’s eyes?†¦ Ha ha! Do you hear me? Ha ha ha† (67). Stanley again asserts his bestial tendency, but this time to show his dominance. When he proceeds to physically rape her, he metaphorically strips her of the false reality she created. Williams uses symbolism to show that Blanche is trapped in a life of delusion. The Varsouviana Polka and the use of light are reoccurring symbols that elude to her disconnect with reality. The Polka is the music that played the night her husband committed suicide. Blanche says that it ends only after she hears the sound of a gunshot in her head. It plays at various points in the play, symbolising this event that triggered her mental decline. Whenever a situation gets too â€Å"real,† Blanche firmly believes she hears the Varsouviana, panics, and looses her grip on reality. Also, throughout the play, Blanche avoids appearing in direct, bright light, especially in front of Mitch: â€Å"And turn that over-light off! Turn that off! I won’t be looked at in this merciless glare†(45). It is clear she avoids the lights in efforts to conceal the reality of her age and fading beauty. Symbolically, Blanche avoids light in order to prevent Mitch from seeing her for who she is. She, once again, retreats into her own world of illusion. Blanche is never able to be looked at â€Å"in the light† and exposed. She never faces reality. Both Stanley and Blanche have a hard time relating to the other gender without sexual implications. The difference is that Stanley is upfront about this â€Å"animalistic† behavior towards women, while Blanche tries to paint herself as above the primitive nature of her sexual impulses. We can call one approach realistic and the other delusional, but it doesn’t change the fact that both characters approach interactions in a sexual way. What does this say about the nature of what is real and what isn’t? Williams seems to draw an ambiguous line. This implies that reality and illusions coexist in our lives, and what we choose to label our views and actions is just a matter of perspective.

Retail segment and communications management Essays

Retail segment and communications management Essays Retail segment and communications management Essay Retail segment and communications management Essay Introduction A major share of the contribution to the economy comes in from the retail segment. The entry of numerous domestic and global players in the industry makes it extremely challenging and customer oriented. The World Wide Web has paved the way to virtual stores, facilitating the easy comparison of selling prices and product specification. Cyber trade has seen plenty of aristocratic achievements due to advancement in technology. 1. Decision Making The aim is to establish a retail fashion and accessory store to target the student community in particular. The enormous costs hooked up to the inception of a physical store have lead to resolve that a virtual store is a better option. Firstly, a business plan is crucial to any new establishment. Then to be able to concentrate on business development ensure that there is sufficient monetary preparation to feed no less than the initial ten months. Launching a registered website is vital to going virtual. This will require a domain name, web host and an IP address. A shopping cart script and a payment gateway must be subsequently constituted. The victory of any cyber trade is highly influenced by the marketing tools chosen. The promotion techniques adopted will depend upon both internal and external market information. Decisions that influence the long term performance of any concern are Strategic in nature. They relate directly to its aims and objectives. The choice of a virtual store rather than a physical one is a strategic decision. Tactical decisions foster the strategic decision of the business. Strategies are generally in standing for a long period of time while tactics tend to be more volatile. Three generic strategies that pull off competitive advantage 1 . Cost leadership, be the cheapest, 2. Differentiation, eave a better product, 3. Focus, set your sights on convenience niche, as stated by Michael Porter. Elementary to the daily working of the business are the operational decisions taken. Decisions like how to service a client or when to re-order stock are operational in nature. Several options need to be contemplated before procuring the required workforce. Freelancers could be seen as an alternative as it does not involve any full time salary and benefits. The state agency caters to initial fund requirements along with financial assistances and advises. Therefore fresh entrepreneurs can ply for startup loans and avail their mentoring services as well. 2. Information and Decision Making Information conducive to business can be assembled through multifarious means. Like case analysis, focus group discussions, observations, reviews and surveys to name a few. These can be broadly divided into internal and external sources. Census figures, Judgments on court cases, national opinion polls, trade Journals, professional publications and the Internet are a few external sources, while production and sales statistics, company reports, sales invoices and accounting records are a few internal ascertaining the current and future plan of action. 3. Improvements in Selection and Analysis of Information Fundamental decision making was based on various internal and external sources of information. In order to make decisions regarding market segmentation, soot analysis, customer analysis, competitor analysis, risk analysis, product research, advertising, test Marketing and the like it is necessary to use Market research reports as they give an extremely comprehensive summary and analysis of the market. The support and back up catered by the government must be sought after at all initial stages of a new business. Ensure to frequent workshops, seminars and symposiums on new ventures to comprehend and stay up to date in business management. 4. List of Stake holders Stakeholder of a company means, an individual, group or organization that has interest or concern in that company. Stakeholders can affect or be affected by the actions of the business as a whole. Primary Stakeholders generally internal, take on economic transactions with the business. Stockholders, customers, suppliers, creditors, and employees for instance. Secondary Stakeholders although do not take on direct economic trade with the business can influence or be affected by its recordings. General public, communities, activist groups, business support groups, and the media for example. The company and its stakeholders have to stay in perpetual correlation to attain overall objectives. In retail trade product related decision making has to be made in accordance with customers to get a better understanding of their needs and wants. Likewise there will be many circumstances where decisions are taken with stakeholder participation. In case of any difference of opinion a cordial consensus has to be arrived at. 5. Methods to Develop Contacts with Stakeholders To elicit better understanding of company objectives and stakeholder desires it is essential to have a well designed two way communication system in place. It finally results in a healthy multidimensional flow of information with a high degree of transparency. Involving examples. 7. Strategy for Future Improvements Concentrate on developing favorable operational association. Prioritize on accepting the discrepancies instead of discarding them. Construct and encourage mutual performance Pay attention on administering internal stakeholder liaison. Review the communication system in practice at least quarterly. Conclusion Establishing a retail concern can be very demanding and complicating. The realms of decision making for the proprietor and founders stretch in all directions. These decisions will be based on the information gathered through the several internal and external sources. The company and its stakeholders have to constantly stay correlated in all important issues pertaining to the company. To establish and maintain any business successfully there has to be clarity in monetary and market apprehension and awareness. An effective blueprint and continuous effective administration will help keep away from risks and pave the way to success. PART II Communication is a fundamental, universal process. It is essentially the exchange and share of information, knowledge and ideas among people. Communication plays a vital role in the business organization. It is the life wire of the organization. It is the important essence for the drive to success. Communication done within the organization is internal communication while any form of contact with anyone outside the organization is external communication. External communication if more emphasized than internal communication. Subtle formal communication systems are applied. The vertical communication system, both top down and vice versa, are extremely inadequate. In a business the major setback is in maintaining proficient communication process. This generally results in poor communication. Blunders occur because orders are misunderstood. The fundamental trouble in communication is often because what is actually understood may is different from what was intended. This results in incomplete communication. 1 . Communication Process The organizational communication network and the types of communication are given below in a self explanatory diagrammatic representation. In todays corporate scenario a multidimensional system of communication is indispensable. The need for communication is to put across information and the need for information is to enable timely decision making. The flow of information has to reach the indented receiver in the intended manner. Fundamental tips too healthy workplace communication: 1. Be straightforward and unambiguous. 2. Listen to words as well as body language. 3. Let the speaker know you care about what is being communicated. 4. Opt for a face-to-face conversation in case of complicated information. 5. Be Respectful use names, look in the eye and nod. 6. Choose the right medium depending on the content and receiver. . Tailor the message according to the receiver boss, co-worker, customer or supplier require different styles. 8. Use testing when further explanation or repeated follow up is not required. E. G. , What time is the budget meeting? 9. Regardless of the discussion, try to keep it positive. Even an earsplitting feedback can and ought to be delivered in a positive, supportive, team-centric man ner. 10. Be navigable to improvements. Efficient communication is crucial to a companys development. Improving communication also includes integration of technology. This brings along the necessity for requisite training. Several businesses have realized efficiency and productivity through communication technology. It has affected is improved accessibility, flexibility and collaboration, which are vital components of communication. Technology will transform communication in many more ways. 3. Information and Knowledge In an organizations scope information refers to data, conceptual commitments and interpretations, while knowledge is the process of exercising the information to facilitate timely decision making. Hence it must be managed effectively. Knowledge has to be captured and acquired in order to be managed. Knowledge can be aggregated as structured, unstructured and critical. Bifurcation can also be tactic, explicit and implicit knowledge. Knowledge Management is a multi-disciplined approach towards accomplishing overall objectives through the optimum usage of knowledge. It involves capturing, preserving, transferring, disseminating and utilizing knowledge. Advances in information technology have made it easier to manage tools that can be used. Using information technology for knowledge management will require systematic knowledge management architecture. This should provide the organization with a framework that can use the central database to store customer tat and effectively utilize information and knowledge. This is a highly cognitive process. The organization in study, we come to understand from the case, does not encompass a modus operandi for storing and retrieving knowledge and information. The knowledge of the supervisor is not stored for the volunteers hence cannot be resourceful to the writer. It is evident from the case study that the organization doses not practice knowledge management strategies. A fresh and innovative strategy has to be inserted to exploit the available information resources. This will result in 40% raise in profitability. There will be enhanced data acquisition and data storage while complications in information recovery will become redundant. Technology will provide a contemporary management approach through an instant and rapid access to information. An idyllic strategy will merge multiple corporate databases into bigger, integrated, multidimensional knowledge bases that are constructed to sustain cutthroat intelligence. These centralized knowledge repositories force the optimization of information gathering, organizing, and retrieval. This strategy will comprise Knowledge enriching features with the aim to carry out flawless interoperability and information stream. This implementation will directly correlate with the bottom-line. Crisis management is yet another imperative function to be carried out by the organization in study. These organizations face issues that are not recurring in nature. This means the information handled belongs to a highly volatile breed. This calls for more speedy availability of dynamic information and strategic knowledge management. Implementing a healthy information and knowledge management: Step 1 identify the existing setbacks to implement a thriving system it should be aligned with overall objectives and current issues. Step 2 prepare for change this is not bare application of technology but also involves cultural change and requires backing from the corporate management. Step 3 create the team a befitting team with an efficient team head and cross departmental proficiency is necessary for the success of the new system. Step 4 perform the audit and analysis the information and knowledge audit will reflect what data is there? , what is needed? , what is missing? , how to acquire it? , and how to organize it?. Step 5- define the key features features in the new system have to be clearly stated. Features differ between organizations. However insurability, customizable and security are commonly preferred features. Step 6 build the blocks one by one use a phased approach that balances the existing system and implements the new features in an acceptable manner. Each phase should lay the foundation for the next phase in a subtle way. Step 7 link it to people its a known fact that even the foremost user-friendly systems can fail if they are not properly linked to the concerned people. Implementing an inclusive information and knowledge management system can be a taxing task; nevertheless, the outcome will be extraordinary. 4. Improving Access to Information and Knowledge The major objectives to improve access to information and knowledge in the organization are to: Ensure balanced access to information and knowledge. Endow employees with appropriate information and knowledge. Guarantee handy, comprehensible data. Foster knowledge and information proficiency of an individual. Elicit optimum system usage. Among suggested methods to achieve improved access are firstly, actuality an intranet into the system so as to facilitate the finest database practices and proficient directories. An intranet is an internal computer network of an organization that improves access to information and knowledge through streamlining its cascade. The subsequent method is sowing fresh cutting-edge knowledge and yielding it to precious harvest that is meaningful and capable of breakthrough performances leading to rapid and superior innovation. This dynamically managed and well mapped meta- knowledge is a significant aspect of the companys intellectual capital which directly correlates to its success. 5. Personal Plan for Effective Communication Personal and professional life progress to a very high degree is influenced by interpersonal skills. Effectively conveying and translating information, being able to interpret peoples emotions and being sensitive to them, calmly arriving at solutions to conflicts, avoiding gossip and being polite are all members of the interpersonal skill crew where listening is the captain. The volunteer supervisor needs to develop his interpersonal skills. The development program encompasses the following: Appreciate spot something positive about each co-worker let them hear it. Build dynamic listening demonstrate that the others point of view has been received in full. Be non verbal where you have to listen and communicate not Just words but also body language and moods. Bring people together Create an atmosphere that encourages everyone to work together. Resolve conflicts be an efficient mediator. See it from their side Empathic. Stay calm, poised and balanced. Dont complain else youll get a bad reputation. The volunteer supervisor ought to acquire the art of communication and allocation to create a healthy work environment. Conclusion The communication system of an organization is its backbone. The political activists organization in study needs to sharpen its internal communication system, as an analysis of the case gives an evident picture of the issues resulting from scanty communication practices. The voluminous nature of information handled by organizations calls for proficiency in its management. Information is not knowledge unless its value is dug out. This gives rise to an essential cognitive process called information and knowledge management the focus of which is to connect people, processes and technology to effectively use and manage the organizations intellectual capital at par with the physical assets of the company to achieve overall success.

Fahrenheit 451 and 911 essays

Fahrenheit 451 and 911 essays The Constitution provided the right to free speech and this right afforded us to voice our issues, concerns, discontent or even salutations to how our government acts or does. Previously, the freedom of speech was expressed through the power of the pen or oration in different gatherings but modernization of the media changed all that. The Internet, live news broadcasts and even the movies became tools for free expression and Michael Moores Fahrenheit 9/11 is a prevailing example of how a civil act is expressed. Some sectors may say that Moore may be a bit too critical of the Bush Administration when he released the movie Fahrenheit 9/11but others applaud it as a wake up call for what was happening during George W. Bushs administration. In summary, the movie is about what occurred after 9/11 terrorist attacks on US soil and how certain events before and after could be traced to how the Bush Administration has been poorly handling the government. At the height of the 9/11 attacks, the movie showed how George W. Bush was stumped when he first heard the news. He was seen as taking several minutes before he was able to give directions on what courses of action were needed to be taken. This was a disheartening scene because being the president of the most powerful nation in the world; he should have shown more fortitude and decisiveness in dealing with a tremendously important issue. Adding insult to injury is when Fahrenheit 9/11 showed that instead of keeping suspected perpetrators in custody, they were let go and even escorted out of the country. This had something to do with the immediate family of Osama Bin-Laden being allowed to leave the country. In a criminal, civil or legal case, the suspects or those that have relations to suspects are kept under tight watch because they may be able to help solve the case or shed light on aspects of the case. What happened after the 9/11 incident was totally out of contex...

Risk Management in Rapid Linear and Linear PMLC Assignment

Risk Management in Rapid Linear and Linear PMLC - Assignment Example Implementing the Rapid linear project management life cycle model instead of linear project management life cycle model however has associated risks that I seek to explore in this paper. One of the involved risks in implementing the Rapid linear project management life cycle model instead of the linear project management life cycle model is the possible confusion that may arise from the required extensive documentation. The manager may therefore miss the most important aspects of the management process because of demanded attention by the documentation process and the documented information. Loss of creativity in a project is another risk that is associated with the Rapid Linear PMLC model and arises from the rigid scope of the model that reduces the project manager and project team members to instruments for implementing designed processes rather than creative resources for improving project process and products. The associated complications in disintegrating project functions are another risk of the model and may lead to mistakes and inaccuracies in project implementation (Wysocki 28; Wysocki n.p.). The model’s swim lane operational approach also identifies risks of ineffectiveness and excessive wastes in event of paralyzed process in one lane. Concurrent implementation of process may also lead to wasted resources is one phase fails. Under the linear model, such a failure would mitigate losses by suspending subsequent processes but such measures may not be possible because other processes in the rapid model will be underway. Reliance on same personnel for operating the different phases of a project, in the rapid model, is another risk factor because personnel may be held up in one department and fails to attend to an emergency in another department. The tight schedule of the model that seeks to complete a project within the shortest time possible also poses the

Censorship of pornography Speech or Presentation

Censorship of pornography - Speech or Presentation Example In 1973, the Supreme Court tried to define what could be considered as obscene in the case of Miller v. California. It was held in the said case that pornography is obscene if applying community standards and viewing such material as a whole, (1) the "dominant theme taken as a whole appeals to the prurient interest" (2) that it depicts or describes sexual conduct in a patently offensive way; and (3) that it lacks serious literary, artistic, political or scientific value (Miller v. California 1976). Community standards may have evolved, as more people are becoming more liberated and open-minded. But the average person as a whole still defines what is proper. Pornography injures not just the community but also, the self-respect lost by its subjects. The abuse that it contemplates is not limited to what could be shocking to the conscience of men, but what is proper to humanity. Obscenity is never a matter of individual belief or perception, it is not how one can be impressed or satisfie d by such material, rather, it is the perception of the community as a whole which is genuinely taken. In our modern time where media and the Internet are accessible to every person, even to a child, the State must act upon its authority to provide the sanctity and safety of every individual through regulation.