Myth’s Function in the Public World Essay Example for Free

Myth’s Function in the Public World Essay The four primary destinations are more broad than is important. From other examination and rejuvenation extends, the fundamental targets incorporate the business undertaking (opening) stock and the networks and encompassing regions populace perfect of the territory. Truth be told, having a private speculator keen on the region is superior to most regions. Numerous focal business regions needed to give money related motivations, for example, lower lease or tax cuts to get business people into the territory. For the situation study, Williams Realty Corporation was promptly venturing out the rejuvenation procedure. The principle objects were truly to get individuals once more into the midtown region through making a region of individual retailers, partnerships, eateries and amusement offices, and new private tasks that would have the option to redesign the old structure and make an in vogue Mecca for the youthful grown-ups in the region that needed to be near work and diversion. The way that William Realty Corporation had done all the arranging and planning and simply needed the information is outstanding. Anyway the information is the thing that is by all accounts ailing as a rule, yet by concentrating on the two primary targets, the arrangement could push ahead (Duvoli, 2004; Faulk, 2006; Weiler, 2000). 2. Quickly diagram an exploration proposition by posting the fitting strategies for assortment of these information. In light of other exploration of focal business region advancement the focal point of the examination ought to be on the picking up of populace to begin utilizing the territory once more. Through duty records and lodging information an essential comprehension of the region can show the quantity of opening and when the decrease of the zone started. With this data the study of reasonable structure and the inhabitance rates alongside a mobile review of those individuals who work and live in the focal business area ought to be embraced. This study doesn't need to be on an excellent scale, yet needs to pose the significant inquiries, for example, what is absent from the region, what might should be incorporated to make the zone more individuals benevolent. Generally, any renewal venture needs to take a gander at the business that can utilize the current stores and working for either private or business possibilities. Old distribution centers can offer lofts in the upper regions while permit retail organizations on the ground level. Tuning in to the individuals and the zone itself will help direct the task and help downplay venture for the city. Following these handily finished exploration methods will permit the city to design the rejuvenation simpler than without this fundamental data. It doesn't need to be intricate, yet it needs to give the individuals what they need in a focal business region (Duvoli, 2004; Faulk, 2006; Weiler, 2000). References Duvoli, J. (2004, March 8).One Hudson River city sees astounding midtown business development. Hudson Valley Business Journal, 15(5), 3-3. Recovered January 3, 2009, from Regional Business News database. Faulk, D. (2006, March). The Process and Practice of Downtown Revitalization. Survey of Policy Research, 23(2), 625-645. Recovered January 3, 2009, doi:10. 1111/j. 1541-1338. 2006. 00219. x Weiler, S. (2000, January). Pioneers and Settlers in Lo-Do Denver: Private Risk and Public Benefits in Urban Redevelopment. Urban Studies, 37(1), 167-179. Recovered January 3, 2009, doi:10. 1080/0042098002348

Does the Media Distort Our Understanding of What Is Happening in the World? Justify Your Answer with the Use of Examples

When considering this inquiry, we need to ask ourselves right off the bat what is the job of the media in our reality? Media is characterized as the methods for mass correspondence (esp. TV, radio, papers, books, magazines, web) respected by and large. Its job in the public eye is to illuminate people in general, and keep us educated, about what's going on all through the world just as engage us. It utilizes numerous stages including web, books, magazines, papers, TV, when you stroll down the street.It is surrounding us. It is there to make individuals think and urges us to challenge and have a sentiment about occasions and choices that are going on and being made. Be that as it may, is it likewise used to keep the open innocent, just illuminating general society about specific occasions, spellbinding them into purchasing items they don’t need, twisting their comprehension of what's going on the planet? Media conveys us with news and data from our nation, however from around t he world. A fundamental segment of our news is political.The media conveys us data about everything from ideological groups, races, MP’s, to and choices made. The well known expression by the CBS anchorperson Walter Cronkite illustrates what the news systems and companies are there to do; ‘Our work is to just hold up the mirror, to mention to the open what's going on. ’ But that is just a thin piece of what they really do. Because of media aggregates it is simple for a companies political plan to be constrained on general society, even the world, without knowing.An case of this is Rupert Murdock. He is the organizer, director and CEO of New Corporation, which possesses the Fox Network, BSkyB (39. 1), The Times, The Sunday Times, The Sun, The Daily Mail, Vogue, and the rundown goes on. It has impact in nations everywhere throughout the world including United States, the greatest economy on the planet, and the UK. There are numerous models since its commencement wh ere it has meddled and convinced the general population to adjust the course of governmental issues to help the company or person. One model is The Sun.In the 1992 decisions in Britain, The Suns’ title text ‘Kinnock wins today will the last individual to forget about Britain please turn the lights’ is one of the most well known title texts in paper history. The feature alludes to The Suns’ battle paving the way to the surveying days. The paper drove a battle against the Labor parties pioneer, Neil Kinnock, which at that point lead to the political race day title text being that. That year, the moderates won and the feature the day after was ‘It The Sun Wot Won It’. There are a lot more models The Sun and different papers doing this.This shows that the media can be utilized as an amazing political apparatus to persuade people in general to decide in favor of a gathering, for the enterprises, people or potentially governments benefits. Rupert Mu rdock was thirteenth on Forbes; the most influential individuals on the planet 2010, above President of France, Nicholas Sarkozy. Is that right? This brings up the issue of whether media is helping individuals make educated, astute choices? Ad are a huge throw of our media today. Each stage for media you take a gander at, regardless of whether it be papers or TV, commercials will be separated of it.Due to adverts being the subsidizing for dominant part of media arranges, a great deal of the news enterprises tune in to organizations requests. For example, not composing terrible press about the organizations that are contaminating our reality, or actualizing youngster work on the opposite side of the globe. In the event that the news offices did this, at that point they wouldn't have the assets to endure. This is an enormous contortion and individuals are left in obscurity pretty much all the horrible activities from organizations. A model is the rustic ancestral terrains of East Indi a. Protestors are clashing with steel goliath Arcelor Mittal.The worldwide organization needs to uproot the residents from their familial land, and manufacture offices for coke refining, and steel creation. It will annihilate 15 towns and uproot numerous residents. With respect to benefit associations are permitted to purchase up media systems, they do as such so as to make more benefit and can utilize the media to misshape our comprehension of what their organization is really doing. For instance, in 1995, when Disney was near the very edge of breakdown and their viewings were diminishing, they bought the ABC arrange in the endeavor of resuscitating Disney.This empowered them to communicate their shows at top occasions, the same number of times as they loved. They had the option to report great press about themselves and ready to promote their items. Larger part of ads are bad either. It has made social orders, more created nations than creating, materialistic and needing to an eve r increasing extent. Items used to be promoted for their utility and they were relied upon to last. In any case, because of the organizations believing that after they offered one to somebody, they wouldn’t need another. So they changed their promoting effort to requiring it.It changed the ‘want’ during the 1950s to the ‘modern need’. Individuals are prepared to want things, which takes their consideration off increasingly significant things throughout everyday life. Hassling power is another ploy they use so as to sell their items. Food, drink, and different items target little youngsters so as to hassle their folks into purchasing the particular items. Scratch Davis, a previous columnist of the year and author for Guardian, says ‘Our media have become mass makers of bending. ’ He gives the case of a gathering of non domesticated youngster menaces who had ganged up and endeavored to hang a five-year-old from a tree.The entire of armada road distributed this story in one manner on another. Anyway what he proceed to clarify is that the police, from the very first moment, had would not say that the kid had been swung from a tree. The unrivaled statement that the entire story depended on was from the young men grown-up cousin. He had told the press that the kid had said ‘Some young men and young ladies have put a rope around my neck and attempted to attach me to a tree’. Nothing in their says he was hanged. Scratch Davis, to attempt to comprehend why the press had run this story, charged research from authorities at Cardiff University.They studied 2,000 articles from 5 papers (Times, Telegraph, Daily Mail, Guardian and Independent). What they discovered was out of the articles, just 12% of stories where made out of material inquired about by journalists, 8% was obscure and the staying 80% was from recycled sources and given by news organizations and the advertising business. †Nick Davis. (2008). Our media have become mass makers of contortion. Accessible: http://www. gatekeeper. co. uk/commentisfree/2008/feb/04/remark. pressandpublishing. Last got to eighth December 2011.This research shows that a great deal of the articles are at risk for not being exact in view of distortion, lying, or different methods. Because of the ascent in long range interpersonal communication, for example, Facebook and Twitter, ‘citizen reporting is on the expansion as well’. Individuals talking and revealing the news by sharing connections, offering their input about occasions and expounding on what's going on, and their companions, universities and individual bloggers taking it for truth. Be that as it may, because of an a great deal of these individuals not having the information about the subject, or not doing research, these data they are sharing isn't generally exact and can twist what is truly going n. Take wikipedia for instance, anybody regardless of what their insight is regardi ng the matter, their astuteness, training, they can alter, re-alter, and include themselves in wikipedias passages. The framework is available to manhandle and implies that a great deal of the substance on there could be off base or potentially bogus. In the event that we can’t trust our news or the individuals who are accountable for illuminating us, this isn't a majority rules system, its a general public wherein we are mentioned to just what a couple of chosen individuals need us to hear and see. Taking everything into account, I feel that there are a ton of news sources that do misshape what's going on around us, and this is a major problem.From the news systems being constrained by their revenue driven funders, to enormous organizations purchasing media arranges so as to gracefully general society with a bogus picture of themselves. An enormous piece of the issue however is that a ton people are not instructed to think all alone, which makes it simpler for the media to d o as such, or are suspecting all alone yet not having the information to give significant data to other people. Regardless of whether it be the flaw of the legislature, the guardians, schools, it needs to change. Nonetheless, not all media misshapes our comprehension of what's going on in the world.There are news partnerships that aren’t just financed by adverts, which stops the requirement for the systems to tune in to the organizations. BBC is exclusively financed by charges gathered by the administration, the duty on your TV, and has been running since 1932. The Guardian is another model. It was claimed by the Scott Trust, a beneficent establishment wherein intended to guarantee the papers publication autonomy and that it was not taken over by a revenue driven association. This implies it would not yield to firms requests, and reports the news at a non predisposition edge.

Blog Archive Massachusetts Institute of Technology (Sloan) Essay Analysis

Blog Archive Massachusetts Institute of Technology (Sloan) Essay Analysis Note: The following essay questions pertain to the previous academic year. This section will be updated when the new question are released in early to mid-July of 2008.   Because Sloan’s questions are so broad, many candidates play a “shell game” of sorts, optimizing the mix of stories. For example, a story about an “impact on a group or organization” may also be applicable as story about a “time when you executed on a plan.” Candidates should heed this flexibility and give extra thought to their essay selection in order to ensure that they are creating a sufficiently diverse picture of themselves and their experiences. Essay 1: Please tell us about a time when you had an impact on a group or organization. Describe in detail what you thought, felt, said, and did. In this essay, you will need to show a clear cause and effect relationship between your actions and the resulting implication for others. A successful essay will show how you took specific steps to produce the desired results, focus on the results themselves and then, most importantly, add a reflective element, explaining the personal significance or learning, via the experience. This is a leadership essay, and while it does not demand that you exemplify rousing “Churchillian” leadership, the goal is to show how you exercised your influence and brought about a new and better reality. Essay 2: Please tell us about a challenging interaction you had with a person or group. Describe in detail what you thought, felt, said, and did. It is important to note that “challenging” need not be interpreted as “heated.” In this essay, you do not have to tell the story of a confrontation, but need to show the reader that you encountered a dynamic that was difficult to navigate and, of course (despite the fact that the question does not ask for it), diplomatically attempted to resolve or did resolve the problem. Through your efforts at resolution, you will reveal your character and management/team/interpersonal style to the Admissions Committee; so it is important that you carefully consider the message that you send via your actions. Ask yourself objectively, “Am I revealing ‘Sloan-friendly’ qualities?” Essay 3: Please tell us about a time when you defended your idea. Describe in detail what you thought, felt, said, and did. Each year, Sloan has a question about your ability to advocate, persuade or, in this case, defend an idea. Again, in terms of semantics, the word to take notice of in this essay is “your” in your idea. This is not an opportunity for you to discuss a time when you advocated for someone else â€" you need to “own” this idea to answer the question properly. Of course, your ownership will have its foil â€" those who do not believe in it. While it is important that you show that you defended your idea passionately, it is also vital that you show that you were not stubborn or inflexible. You want to show that you were willing to consider alternatives and reason through counterarguments. Although this is not a rule, many successful essays will show that you were persuasive and succeeded in changing minds. Essay 4: Please tell us about a time when you executed a plan. Describe in detail what you thought, felt, said, and did. Essay one is about impact, which pertains to results; essay four is about execution, which creates a bias toward the process itself.   In this essay, you will lead the reader not through the mechanics of a business implementation, but through your process as you were taken by a possibility and gathered the resources and momentum to see it through. Again, in this essay there may be elements of advocacy or persuasion that enter into the process. What is important to note is that this should not be a “hard” business case, but that the Admissions Committee will come to understand your personality through your actions; so, you will need to concentrate on the “soft” aspects of the process  as well (indeed â€" “what you thought, felt, said and did”). Cover Letter Prepare a cover letter (up to 500 words) seeking a place in the MIT Sloan MBA Program. Please comment on your career goals and those factors which influenced you to pursue an MBA education at MIT Sloan. The cover letter provides a chance for you to discuss your passions, values, and interests. Through what you write we hope to discover whether you will thrive at MIT Sloan and how you will contribute to our diverse community. Address your cover letter to Mr. Rod Garcia, Director of MBA Admissions. MIT gives you a mere 500 words to discuss career goals, factors that influenced you to pursue your MBA, passions, values and interests and explain how you will thrive and what you will contribute to the program. You will need to be judicious as you draft your letter to Mr. Garcia and ensure that you do not roam throughout, but cover these topics in a systematic and coherent manner. Because the demands of this letter are so extensive and because this is in an unusual cover letter style, you will need to write in a direct, personal tone  that makes a more acute point about your appropriateness for MIT and engages the reader. A quick point about your introduction: for some reason, candidates feel compelled to start cover letters with “my name is X and I am applying to MIT….” This is a typical and boring introduction offering information that the school already possesses; by creating a different and compelling opening, you will grab and hold the attention of an Admissions Officer who has read thousands of these essays. While MIT has its differences, there are still some global fundamentals that apply to this Personal Statement. Thus, we offer our “MBA Mission Personal Statement Guide” to you, free of charge, via our online store.   Please feel free to download your copy today. Share ThisTweet Blogroll

Humans Are Extremely Greedy And Selfish Creatures

Humans are extremely greedy and selfish creatures. Whether or not someone is single, there will always be people who try to get what, and who they want, even at the expense of others. We as humans are naturally attracted to each other, and have many different techniques for showing romantic or sexual interest. In the movie, Fatal Attraction, featuring Glenn Close as Alex, a woman who suffers from borderline personality disorder, shows a possible example of what can happen when one person pursues someone who is in a relationship, and how an affair can lead to disaster. The act of intruding on a couple’s relationship by wooing one of the individuals is called â€Å"Mate Poaching.† Although it hasn’t always been called â€Å"mate poaching†, the act has†¦show more content†¦Attraction and interest is obvious between the two, but doesn’t prosper until a later date. One weekend, Dan’s wife leaves town to go check out their future house, an d while she is away, Dan and Alex have dinner together, and then end up having an ongoing affair over the course of the weekend. Although neither of them are innocent in the situation, I do not believe that Alex is, by any means, trying to further her bloodline when she pursues Dan. She acknowledges during their dinner date that he is taken and says â€Å"Why are all of the good guys married?† She knows that he is taken, and continues to flirt and talk to him, even initiating the idea of an affair. Although men try more often to have short term, sexual relationships with women, women are more often successful when they try to do this. In her case, it works. They have lots of sex, talk about pressing issues, and even bond in the park with Dan’s dog. Things quickly turn south nearing the end of the weekend. Dan says that their affair has come to an end, and that he must go home to his family. Up until this point, everything Alex has done has seemingly been evolutionary a nd normal. Things soon change though, when in an unsuspecting mood swing, brought on by her borderline personality disorder, she attempts to take her life by slitting her wrists with a kitchen knife. What Dan thought was justShow MoreRelatedThe World As We Know It Is Ending Essay1378 Words   |  6 Pagestechnology and ethical progress. However, the imagined intent in the creation of technology does not always represent the intent of its individual users. As the Washington Post puts its, â€Å"Each one of us knows the constant impulse in human beings to be exploitive, vile, greedy, lustful, distracted, and pursuing base vices? It abounds.† Is our only ethical obligation to adapt to the consequences of our technology or to prevent the consequences before they happen? Has our process always been to act firstRead MoreHow Does The Author Use Language From Present Scrooge s Unpleasant Personality?1376 Words   |  6 Pagessuch insult allows the reader to comprehend that Scro oge is nothing more than a greedy man who solely believes that the peasants are just money scammers and that they should all be locked up in a prison. Today s audience will see Scrooge this way and agree that he is a misery, bitter old man, who doesn t like giving away however back in the 19th century the audience would not be shocked to see a wealthy man as selfish as Scrooge. It was common in London at the time to see factory workers exploitingRead MoreThe Value of Nothing Analysis2000 Words   |  8 PagesPaper #1 In The Value of Nothing, Raj Patel makes the argument that we are encouraged by culture to think of ourselves as essentially greedy, selfish, pleasure seeking, and utility-maximizing individuals. Patel introduces the concept of homo-economicus, which states humans are covetous and self-centered beings who are solely interested in maximizing their resources and profit. During my first semester here at Babson, I had the pleasure of taking Honors Applied Calculus II, a course that focusedRead MoreMob Mentality2032 Words   |  9 Pagessociety. It can take place at any time, any day or any night. Mob mentality does not have a direct target. It will take over anyone, leaving them with no control over themselves. Mob mentality proves that under critical situations people will be selfish and follow others’ leads; however, the leads people usually follow are not the ones best for them. Due to large amounts of stress everyone carries, people do not think as clearly as they normally w ould. Those horrible leads that people choose to followRead MoreEssay On Human Weakness In Macbeth1626 Words   |  7 PagesHumans are complex creatures whose emotions can ultimately control their thoughts and actions. William Shakespeare loved to explore the consequences of emotions controlling actions and the idea of how that exposes human weakness. Through his dark and bloody tragedy Macbeth, set in Medieval Scotland, Shakespeare explores how a great hero’s flaws take control of his actions, and lead to his harsh downfall and his tyranny. Macbeth commences his heroic journey as the loyal Thane of Glamis; well respectedRead MoreAvatar as an Allegory1879 Words   |  8 Pagesfor the welfare of the Na’vi.  Ã‚  Avatar  serves as an allegory for warfare and cultural hatred based on ignorance and a lack of multi-cultural acceptance and understanding. The Na’vi society of Pandora is an extremely naturalistic people. The Na’vi are the dominant species of Pandora, much like humans on Earth. They are a humanoid species that very much believes in the spirituality of nature and the world around them. In Na’vi society, there are marriage parallels, and they believe in an all-knowing GodRead MoreAnimal Cruelty: Dog Fighting1869 Words   |  8 Pagesdo not stop at animal cruelty. Those who abuse animals are likely to abuse other people as well. Dr. Albert Schweitzer, a humanitarian, wrote, â€Å"Anyone who has accustomed himself to regard the life of any living creature as worthless is in danger of arriving also at the idea of worthless human lives.† Robert K. Ressler created serial killers’ profiles for the FBI and stated, â€Å"Murderers . . . very often start out by killing and torturing animals as kids.† This information alone is presented by PETA,Read MoreAre Dogs And Other Mammals?1791 Wor ds   |  8 Pagesmyself to touch them. Kate, the founder of the house, gave me tips on how to get rid of my stigma by caring and bonding with the animals. The knowledge I got from the Animal House has been very useful because I got to learn animals are not just creatures we use when we need them; rather they are companions. My experience at animal house has also made me give special attention to animals due to an incident that occurred. On a warm Wednesday, after my classes, I went to the animal house to volunteerRead MoreFrank s And Walter White s Rejection Of Human Nature3666 Words   |  15 PagesEmma Seidl Professor Sumpter ENG 300W 21 June 2015 Narcissism: Frank Underwood’s and Walter White’s rejection of human nature In our modern world of war, disease, and poverty it can be hard to find a sense of hope for humanity. During times of suffering people are constantly looking for some type of understanding, some way to relate to another individual and not feel so alone. This longing is often rectified through fictional characters. We are living in an anti-heroic age of television. 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Duality and Contrasts in Romeo and Juliet - Free Essay Example

Sample details Pages: 2 Words: 717 Downloads: 7 Date added: 2019/03/13 Category Literature Essay Level High school Tags: Romeo and Juliet Essay William Shakespeare Essay Did you like this example?   William Shakespeare used opposing concepts to create a sense of contrast in his writing. He frequently established the theme of duality in Romeo and Juliet, which is a play about two lovers whose love filled bounty is â€Å"boundless as the sea†(II ii 133). Duality means two-sided, as in two concepts. Don’t waste time! Our writers will create an original "Duality and Contrasts in Romeo and Juliet" essay for you Create order These concepts include love and hate, life and death, and good and bad. He demonstrates these examples within the language, characters, and events in the play. Romeo and Juliet is a play of contrasts and duality. The characters in the play show duality as a result of the feud between the Montagues and Capulets. The two families despised each other, which alluded the idea that Romeo and Juliet would never be together. But eventually, their love is what brought the Montagues and the Capulets to end their feud. In the play, it says â€Å"My only love sprung from my only hate! / Too early seen unknown, and known too late! / Prodigious birth of love it is to me. / That I must love a loathed enemy† (I v 138-140). In this quote, Juliet expresses her disappointment as she learns that Romeo is a Montague. This example explores the concept of love and hate. Friar Laurence explores good and bad when he says, â€Å"In man as well as herbs, grace and rude will†(II iii 28). Friar Laurence is insinuating that, as herbs do, a man also has these two sides, implying the constantly reiterated theme of the play duality. Man and herbs can concurrently be beneficial and malevolent. In Act III, Juliet says â€Å"O serpent heart, hid with a flowering face!†(III ii 74). In this excerpt from the play, Juliet is in a state of incredulity when she learned Romeo had murdered Tybalt. Romeo looked like one thing, but he was really another, which highlights Romeos dual personality, good and bad. Furthermore, the language in the play introduces examples of contrasts and duality. In the play it says, â€Å"The earth, that’s nature’s mother, is her tomb / What is her burying, grave that is her womb (II iii 9-10). In this quote, Friar Lawrence explains how the earth provided a womb and a tomb. The dual natures of the womb and the tomb represent the notion of life and death. Continuing the concept of life and death, Friar Laurence says â€Å"For this, being smelt, with that part cheers each part; / Being tasted slays all senses with the heart.†(II iii 25-27).This quote displays how some flowers have dual natures, as well as people. The flower is fragrant, however, its poisonous behalf could kill if ingested. Additionally, the quote â€Å"These violent delights have violent ends / And in their triumph die, like fire and powder (II vi 9), signifies how some things can take a turn for the worse. Friar Laurence warned Romeo and Juliet not rush into their marriage because good could potentially turn bad. Moreover, numerous events display the primary theme of the play. In Act 4, Juliets unwanted wedding with Paris ultimately turns into a funeral. In the play is says, â€Å"Turn from their office to black funeral; / Our instruments to melancholy bells, / Our wedding cheer to a sad burial feast, / Our solemn hymns to sullen dirges change / Our bridal flowers serve for a buried corse, / And all things change them to the contrary†(IV vi 86-91). Lord Capulet finds a bright side to Juliets death. He had already brought in musicians and put up decorations for the wedding, but now they will aid in the funeral. This, again, shows the concept of good and bad in Shakespeares writing. Another event in the story that showcases duality is when Tybalt slays Mercutio out of rage for Romeo. In the play it says, â€Å"Alive in triumph—and Mercutio slain! / Away to heaven, respective lenity, / And fire-eyed fury be my conduct now†(III i 84-86) In this quote, Romeo reveals his hatred towards Tybalt by avenging his love for his friend. Accordingly, Romeo defeats Tybalt and kills him. Through Romeo and Juliet, Shakespeare spread the two sided theme of duality. These concepts, including love and hate, life and death, and good and bad, develop throughout the language, characters, and events in the play. Romeo and Juliet is a play of contrasts and duality. Works cited: Shakespeare, William. Romeo and Juliet.

Nsa Should Be Stopped. Nsa - 1177 Words

NSA should be stopped The NSA, The National Security Agency that is under the government control was initially intended to protect the USA by tethering through technology devices to attempt to pick up any suspicious activities. The problem is that many feel as if the NSA has no right to evade their privacy. The NSA should be penalize every time they do so, or should have some type of warrant, but only for last resort, or stopped completely. There are many other ways to go about finding troublesome threats like antagonist programs like CDT as I mentioned earlier. Having your privacy tampered with isn’t worth it. The NSA is not needed that bad. â€Å"After years of denial, much of which likely constituted perjury, officials of the National Security Agency (NSA) admitted to having conducted unwarranted surveillance of Americans, a violation of the protections against such searches provided by the Fourth Amendment.† NSA Admits Directly Targeting Americans for Warrantless Su rveillance. NSA Admits Directly Targeting Americans for Warrantless Surveillance. Web. 8 Apr. 2015. The NSA abuses their power by going to the extreme and spying on innocent citizens warrantless. It isn’t fair to the society. The NSA shouldn’t be able to view anyone’s personal information without a warrant. With or without a warrant, The NSA should still have certain rules that will create boundaries. President Obama and the National Security Chief stated that they do not monitor the communications ofShow MoreRelatedNsa Spying Scandal : Edward Snowden715 Words   |  3 Pagesregarding the NSA spying scandal1. Pandemonium struck once a man leaked to the world that the NSA was spying on people through their electronics. The people could only imagine what kind of information had been seen by the government. However, this was being done to protect them from terroristic threats. Honestly, there is no legitimate reason to be afraid of this. The NSA should be allowe d to spy on the technology and social media of American citizens. The person who revealed the NSA spying scandalRead More Edward Snowden and Wikileaks744 Words   |  3 Pagesproven threat of internet surveillance was in 2001 when the NSA(National Security Agency) did a Large scale â€Å"warrantless surveillance†(Risen ‘Bush Lets U.S Spy’) of internet traffic and data streams. This surveillance program was a way to gather data and prevent terrorist attacks. However some speculated that this was not just to monitor the activities of suspected terrorists. In 2013 when Edward Snowden released data that proved that the NSA was using their surveillance on everyone it turned speculationRead MoreGovernment Surveillance Of The United States975 Words   |  4 PagesEmerge from the Einstein Files; How the FBI Tracked His Phone Calls and His Trash) As the cold war came to an end in the early 90’s, NSA spying seemed to come to an end as well. However, their efforts stepped up significantly after the terror attacks that occurred on 9/11. After 9/11, the government was on high alert for anybody that could be a potential terrorist. The NSA quickly began spying on foreigners suspected of being involved in terrorist activities or associating with potential terrorists.Read MoreThe Nsa Spying Is A Major Issue1077 Words   |  5 Pagesinto a dentist office or doctor’s office, the local liquor store, or when we are using social media sites like Instagram, Facebook, and Google. This is all collected, stored, and tracked by the NSA, and what is our government is doing with it is unknown. In today’s world NSA spying is a major issue and should be noticed by the people of the U.S. The US government, with assistance from major carriers including ATT, has engaged in massive, illegal dragnet surveillance of the domestic communicationsRead MoreNsa Spying Through Smart Phones1226 Words   |  5 PagesNSA Spying Through Smart Phones Smart phones have become a major part of daily life. They allow people all around the world to communicate with each other instantly. Smart phones enable people to access all the information they need in mere seconds using the Internet. Most people go about their days without any worry while using their smart phones. Smart phones have been a tool by the public for many years now, but they have also been used as a tool for something a little more nefarious. BackgroundRead MoreIntentional Misuse by Members of the NSA787 Words   |  3 Pagesbeen at least 12 cases of intentional misuse by members of the NSA since 2003. Before trial the accused either resigned or retired to escape disciplinary action. This means that they did spy on people because if they did not they would go to the trial and be found innocent. However they could have all been paid to retire by the government to hide a more sinister threat such as terrorist demands or even aliens! Not only have the NSA been caught spying on American citizens but they have been caughtRead MoreNSAs invasion of privacy1408 Words   |  6 Pagesbeing watched using these technologies. The NSA (National Security Agency) is an intelligence organization for the U.S. to protect information systems and foreign intelligence information. Recently the NSA has been accused of invading personal privacy through web encryption, tracking, and using personal information for their own uses and without permission. The surveillance of the NSA produces unlawful invasion of privacy causing an unsecure nation. The NSA surveillance executed an unlawful invasionRead MoreThe Surveillance Of Airport Security1326 Words   |  6 PagesNow it may seem frightening to hear that the NSA has the capability to access privacies such as emails and bank accounts which leads many to the question of how is searching these things going to protect their safety? This concern is genuine, but it helps to compare it to something more well known. Airport security is something we all have to endure, and we do not have the option to opt out of having our belongings and ourselves be checked by TSA agents. It may seem unnecessary to check every singleRead MoreGovernment Surveillance Should Not Be A Better Medium Between Liberty And Security1093 Words   |  5 Pagesthe National Security Agency (NSA), against them, or a whole other approach entirely and that is completely necessary in developing a sound solution. The NSA, the focal point of this debate, is a government intelligence organization in charge of survei llance and the gathering of data in the hopes of preventing terrorism however some people believe that in doing so they are too invasive on citizen’s liberties. Although people disagree with the constitutionality of the NSA, others support the programRead MoreEthics of Edward Snowden Essay1006 Words   |  5 Pagespara. 1). Edward Snowden was a security guard that worked for the National Security Agency (NSA), after three months Edward Snowden started to collect NSA files and fled to Hong Kong and leaked the files. China started to print out report of the files that Edward Snowden has leaked to China about the NSA spying on U.S citizens. The reason that Edward Snowden left the United States (U.S) and leaked the NSA files is because he believed that what he had done was ethically correct and did not want people’s

Turn of the screw Essay Example For Students

Turn of the screw Essay Henry James was born at two Washington Place in New York City on April 15,1843. He was the second son to Henry James, Sr., an independently wealthy intellectual, and Mary Robertson James. From 1843 to 1845, James took his first trip to Europe. He lived in New York City with his family at 58 West 14th Street. James was educated privately by governess and tutors in New York and Albany. In 1855, he traveled to Europe with his family and attended schools in Switzerland and France. In 1860, with the outbreak of the Civil War, The James family moved back to the United States and settled in Newport. James was unable to enlist in the Union army with his two younger brothers due to a back injury he received when putting out a fire. In 1863, James and his older brother William attended Harvard. James did not complete his studies to pursue his writing career. William graduated from Harvard and became one of the most prominent American philosophers and psychologists of his time. James began his professional writing career with book reviews for the North American Review. His first short story, The Story of the Year, appeared in Atlantic Monthly in 1865. In 1866, the James family moved to Cambridge, Massachusetts. James had his first novel, Watch and Ward serialized in Atlantic Monthly in 1871. In 1877, James wrote The American, while visiting Paris and Rome. In 1878, The Watch and Ward appeared in book form, and James wrote French Poets and Novelists (criticism), and The Europeans (novel). While visiting Paris and Italy in 1879, he wrote Daisy Miller (novella), An International Episode; the critical biography, Hawthorne; and The Madonna of the Future and Other Tales. The following year, he wrote the novel, Confidence, while traveling in Italy. In 1881, James wrote the novels, Washington Square and The Portrait of a Lady. He traveled back to the United States due to his mothers weakening health. Jamess mother died in February of 1882. His father died shortly a fter in December of the same year. He returned to the United States for a short period to settle family matters before leaving to establish permanent residence in England. In 1883, James published his first collected edition of novels and tales in fourteen volumes in The Siege of London (tales) and Portraits of Places (travel). In 1886, James published the novels The Bostonians and The Princess Casamassima. In the same year, he leased a flat in Kensington, England. In 1887, James traveled around Switzerland and Italy in the company of Constance Fenimore Woolson, a novelist, and grandniece to James Fenimore Cooper. In 1888, he published Partial Portraits (criticism), The Aspern Papers (tales), and The Reverbrator (novel). James published A London Life (tales) in 1889 and the following year published The Tragic Muse (novel). James wrote two unproduced plays called Theatricals. In 1898, Jamess The Turn of the Screw was serialized in Colliers Weekly January through April and was also published in book form. Between the years of 1899 and 1910, James published The Awkward Age (1899 novel), The Soft Side (1900 tales), The Sacred Front (1901 supernatural novel), The Wings of the Dove (1902 novel), The Ambassadors (1903 novel), William Wetmore and his Friends (1903 biography), The Better Sort (1903 tales), The Golden Bowl (1904 novel), The English Hours (1905 travel), The American Scene (1907 travel), The High Bid (1908 drama), Views and Reviews (1908 criticism), Julia Bride (1909 novella), Italian hours (1909 travel), and The Finer Grain (1910 tales). In 1904, James visited the United States for the first time since 1883. He suffered from a nervous disease in 1909. In 1911, James received an honorary degree from Harvard and returned to England. The following year, he earned one from Oxford University. In 1913, James wrote his autobiography entitled A Small Boy and Others. The following year, he wrote Notes on Novelists with Some Other Notes (criticism) and another autobiography entitled Notes of a Son and Brother. Deeply disturbed by World War I, as James was with all wars, James did refugee and hospital work during the war. In 1915, James became a citizen of Great Britain. On December 2nd of the same year, James suffered from a stroke. After receiving the Order of Merit from King George V, the following year, James died in Chelsea on the 28th of February. His ashes are buried with his familys in Cambridge Massachusetts. In 1917, an unfinished autobiography was published entitled, The Middle Years. (Heller)The Turn of the Screw is a story related by a young governess, who describes the haunting events that took place while she was caring for two children in an English country house during the 1840s. The Turn of the Screw can be divided into main parts: a short prologue by an unnamed narrator and an autobiographical narrative by an unnamed governess. (Heller p.8) In the prologue, a group gathered for Christmas is telling stories. One of the people tells a ghost story about the experiences of hi s sisters governess. He was a friend of the governess, and she had given him her written documentation about the events, which he read to the group. My Math Autobiography EssayThe theme of the novel, as well as the meaning of its title, depends on its interpretation. As a ghost story, its pessimistic and tragic theme focuses on the battle of good intentions versus evil forces (Vaid p.118), with evil evidently triumphing, since the governess is unable to save either of the children. (Vaid p.121) As the governess gradually recognizes the depth and intent of the evil forces surrounding the children and struggles to protect them, every event in the novel becomes another turn of the screw in the intensifying horror. If read as a psychological analysis, The Turn of the Screw has a social theme. According to Goddard, The reaction upon a sensitive and romantic nature of the narrowness of English middle-class life in the last century: that from the social angle, is the theme of the story. The sudden change of scene, the sudden immense responsibility placed on unaccustomed shoulders, the shock of unrequited affection— all of these together— were too much. The brain gives way. And what follows is a masterly tracing of the effects of repressed love and thwarted material affection. (Tompkins p.85) Each stage of the governesss lapse into hysteria or insanity becomes another turn of the psychological screw. The governess, who is the main narrator of the story, is an easy character with whom to identify. She is described very positively by the first narrator, Douglas, in the prologue of the novel as a most charming person the most agreeable person Ive ever known in her position; shed have been worthy of any whatever. (James p.2) James give the reader a sympathetic understanding of the governesss background and current situation, when Douglas describes her further as the youngest of several daughters of a poor country parson at the age of twenty taking service for the first time in the schoolroom. (James p.4) In this way, James presents the governess as a person of good character, although young and inexperienced. The reader does not resist empathizing and identifying with the governess while she tells her story throughout the remainder of the novel. The Turn of the Screw is a gothic thriller, which has inspired different levels of interpretation. It would be interesting to read various works by Edgar Allan Poe as well as Mary Shellys Frankenstein, and compare the authors techniques, style, and possible social and psychological themes. The most memorable part of the story was the conversation between the governess and the housekeeper, Mrs. Grose, in which they first discuss the first ghost, which the governess has seen. The governess gives a detailed description of the stranger she had seen outside the window. He has red hair, very red close-curling, and a pale face with straight good features and rather queer whiskers that are as red as his hair His eyes are rather sharp, strange— awfully My companions face blanched as I went on; her round eyes started and her mild mouth gaped The housekeeper identified the apparition as Peter Quint, the deceased valet of the childrens uncle. (James p.23)And became of him?She hung fire so long that I was still more mystified. He went too she brought out at last. Went where?Her expression, at this, became extraordinary. God knows where! He died.Died? I almost shrieked. She seemed fairly to square herself, plant herself more firmly to express the wonder of it. Yes. Mr. Quints dead.' The Turn of the Screw is enjoyable and highly recommendable reading because of the authors ability to build suspense through scenes like the one above, and through his effective use of irony in contrasting apparent goodness with actual evil. The governesss first impression of the children made her later discovery of their deception and evil especially shocking. Flora seemed the most beautiful child I had ever seen a beautific radiant angelic beauty (James p.7) When she met Miles, she felt she had seen him on the instant, without and within, in the great gloss of freshness, the same positive fragrance of purity, in which I had from the first moment seen his little sister everything but a sort of passion of tenderness for him was swept away by his presence. What I had then and there took him to heart for was something divine his indescribable little air of knowing nothing in the world but love. James p.13)Gradually, she accepts the fact that evil forces have corrupted the children. She realizes that their more than earthly beauty, their absolutely unnatural goodness is only a game a policy and a fraud. (James p.47) As Vaid points out the contrast between the apparent innocence and the real contamination of the children is the keynote of the terror produced by The Turn of the Screw.

Other cultures poetry Essay Example

Other cultures poetry Paper Aint I a woman? which was written by Sojourner Truth in 1854 and Maya Angelous poem Still I rise which was written in the 20th century both deal with the themes of racism and inequality between white and black people and especially white and black women. The first poem is Sojourner Truths, which asks why she wasnt treated like a woman throughout the speech Aint I a woman? . The two main themes she looks at are the themes of racism and inequality she gives examples throughout the poem that show that women have no rights and the poem questions the morality of why she does not have these rights. Sojourner Truth was born into slavery and therefore had no real education and throughout the poem she highlights this using non-standard English Aint I a woman? She has a deep Christian faith from her childhood and she expresses this at the end when talking about how Christ was from a woman and man had nothing to do with him. We will write a custom essay sample on Other cultures poetry specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Other cultures poetry specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Other cultures poetry specifically for you FOR ONLY $16.38 $13.9/page Hire Writer In this poem she addresses a wide audience because this poem was originally as a speech for a womans conference there would have been numerous people at this conference including men, women, blacks and whites. In the first stanza she talks about how all women should be treated equally comparing the treatment of white women to herself as a black woman. She also talks about segregation when she says that man over there say referring to him as that man and as being over there creates a distance. In the second stanza she talks about how she works as hard as a man in the first few lines of this stanza she engages the reader by using the imperatives look at me followed by look at my arm these commands capture the reader. In the third stanza she talks about the fact that she as all the bad points of both men and women about how she can work as much as a man and that she is not given the right food to match and highlights this point when she says I can bear the lash as well. In the fourth stanza she gathers both sympathy and empathy from the reader when recalling some of her harshest experiences of inequality as a slave she recalls how her children were taken by the slave owners and she recalls how there was nobody there none but Jesus heard me this will engage everyone but especially mothers she also refers to her faith in this line when she mentions that the only person there was Jesus. In the penultimate stanza she refers again to segregation when saying as she did in the first stanza that little man in black there say the use of the word there creates distance between Truth and this person. She again refers to her faith when commenting that man had nothing to do with him when talking about Jesus in a time when religion was a very powerful tool as many people were deeply religious. In the last stanza she says that women should be able to have positions of power saying that as a woman had the power to turn the world upside down they should be able to turn it right side up again. Still I rise was written to express Maya Angelous plight during the 20th century and how she will never be down hearted about it repeating the line still I rise throughout the poem. Maya Angelou had a disruptive childhood when she was three her parents divorced and she was sent to live with her Grandmother in a different state. After being sexually assaulted whilst staying at her mothers she didnt speak to anyone but her brother for four years. She has no target audience as the poem was written as just that a poem and therefore has a large span of people reading the poem however it is aimed at an adult audience rather than children talking of things like haughtiness, sexiness and sassiness. In the first stanza she talks about how people make up lies and put her down your bitter twisted lies she uses personal pronouns to make the reader guilty for her plight and therefore more sympathetic. The second stanza talks about her confidence and power oil well pumping in my living room this use of imagery is very powerful as oil was and still remains a very expensive material. The third stanza is used to make her point that she cannot be stopped using the line just like the moons and the suns and she goes on to say with the certainty of the tides she uses nature as it is the only thing that cannot truly be stopped. She backs this up like she has done with many of the other stanzas by using the phrase still I rise this line is assertive saying no matter what I will rise. The fourth stanza relies on the theme of pain and suffering talking about how she feels people want her to be treated again using personal pronouns to make the reader feel guilty she uses past tense to make the reader feel guilty for what they may have done. The fifth stanza reverts back to present tense and is similar to the second stanza claiming confidence again using the theme of power and wealth gold mines diggin in my own backyard. The sixth stanza almost repeats the theme of pain but is more violent using violent verbs such as cut, shoot and kill and at the end of that stanza again uses the analogy of nature when saying still like air I rise this makes it sound effortless and done with ease. The seventh stanza shows sarcasm in the first to lines of the stanza does it come as a surprise and then as we have seen before the theme of wealth and power diamonds at the meeting of my thighs. The last few stanza change structure in an explosion of rage. Again using nature as an example of power, Black Ocean. It ends with the repetition of the line I rise to enforce her point. Aint I a woman asks people, lets work together using collective people such as women whereas Maya Angelous poem is more of an out cry of anger finalising with the words I rise. Sojourner Truth is ill educated and therefore she uses non Standard English however Maya Angelou uses non Standard English to highlight her roots throughout Mayas poem a theme of aggression moves to the forefront of the poem whereas in Truths poem she grows in confidence questioning the reader throughout. Both poets address a wide audience one in a womans conference and the other (still I rise) not having a real target audience. Still I rise follows a set pattern of quatrains until the end when the structure explodes into a vent of aggression and defiance it also changes from past tense when talking of oppression to present tense when talking about hope. The previous poem on the other hand was written as a speech but still has a rhythm she splits up the poem every 5 or 6 lines with the words Aint I a woman Still I rise is very fast paced because it has shorter sentences compared to Aint I a woman which because it contains longer sentences is much slower. In Still I rise Angelou uses personal pronouns to grab the readers attention and make the reader think about the injustices done. While in Aint I a woman Truth never uses personal pronouns but instead opens up to the reader supplying her inner most thoughts. Both poem repeat their titles right through the poems but for different effects in Still I rise it is used to make a point while in Aint I a woman it is used to back up a point and to question the reader. Both poems use rhetorical questions still I rise uses more, more frequently to highlight or to make points whereas in Aint I a woman they are used purely to highlight or to remind the reader of the theme f the poem. Aint I a woman uses verbs right from the start describing how white women should be treated using the verbs helped, lifted and how they need and the use of verbs continues throughout the poem when describing Truths tasks Plowed and gathered etc all of which are tasks commonly set to men as opposed to the violent verbs used in Still I rise such as cut, shoot and kill. Both poems have very strong endings; Angelou repeats the line I rise three times after rallying people with the word I am the dream, the hope of the slave whilst Truth tells her readers to work together. Still I rise was more a vent of anger whereas Aint I a woman was open and it seemed like she was revealing her inner most secrets. It was for that very reason that I preferred Aint I a woman as I found it therefore easier to sympathise with her than In Still I rise as it felt as if sympathy was almost forced on you despite the fact that Truth used less personal pronouns the imperatives she used grabbed my attention and she kept my attention by discussing personal issues that were very intimate.

The Decision to drop the Atomic Bomb essays

The Decision to drop the Atomic Bomb essays The Decision to Drop the Atomic Bomb On August 6th 1945, the world changed forever. The United States dropped the first Atomic bomb over the city of Hiroshima, Japan. The surviving witness Miyoko Watanabe describes her experience: I came out of the front door...an intense yellow, orange and white light overwhelmed me... the light was thousands of times brighter than a magnesium flash gun...I went inside to hide...There were strange sounds, crashing noises and jolts, and I kept no track of the time...I locked back to see how my mom was. She looked worse then a devilish witch. (47) The heat was intolerable; everywhere Miyoko looked there were wounded and dying people, bleeding from all over their bodies like her mom. Miyoko continues, "Those who fled from one or one and a half kilometer from the hypocenter really did have to step over bodies and shake off hands grasping their legs for help. When someone caught hold of their shoes they just had to leave their precious shoes and flee otherwise they wouldnt survive"(49). A friend of Miyoko told her that he had to leave his sister to die in the flames to save his life. That day, according to the Japan Times, 140,000 died as a direct result of the bombing. Later the total number of victims claimed in Hiroshima City came to 217,137. There is one question that comes to my mind reading these terrible stories from the victims of Hiroshima; was this necessary? Scholars have discussed the question for more than half a century. However, they all agree that the answer to this question does not make the use of atomic weapons seem less awesome or less awful, but it merely throw different light on it. The main argument defending the decision to drop the bomb is that it was necessary to end the war. Richard B. Frank in his book, Downfall: The End of the Imperial Japanese Empire defends the American decision. Relying on a host of original documentary sources, most notably ...

Famous Insanity Defense Cases Essay Example | Topics and Well Written Essays - 750 words

Famous Insanity Defense Cases - Essay Example Insanity defense dates back from Ancient Greece and Rome, however, the first definition that is closer to the modern definition of insanity defense was given by an English Court, in 1843, the insane person being compared to a wild beast. However, an earlier definition explains insane defense as it follows: â€Å"If a madman or a natural fool, or a lunatic in the time of his lunacy do [kill a man], this is no felonious act for they cannot be said to have any understanding will.† In the USA, some of the leading historical moments directly connected to the insane defense are: the case Durham v. United States , (which established the Durham rule, also known as the â€Å"Product test†), the drafting of the American Law Institute Test (1953), the Hinckley case , which led to the adoption of Insanity Defense Reform Act in 1984 and the well known Andrea Yates case. The Andrea Yates case is one of the most mediated criminal cases involving insanity defense of the 21st century. Unfortunately, this is due to its dramatic implications. However, in spite of the horrifying implications, the defense attorneys managed to prove her mental instability and avoid her being convicted to prison for life time or maybe even death penalty. Andrea Yates is woman from Texas who one day killed all of her five children by drowning them, and after that, she called her husband and the police and let them know what she had done. The theories regarding this case are numerous and they continue to appear. Some are sure that the woman was suffering from a severe mental disorder, others disagree. The first trial found Andrea Yates guilty and gave her a life sentence. She was granted a second trial one year later and the jury found her not guilty by reason of insanity. The defense attorneys focused on proving Andrea Yates’ mental illness, which according to family, f riends and psychiatrists who had treated her in the past, was a FACT. In spite of the prosecution expert – Dr. Welner and other evidence, Andrea pleaded not guilty during the second trial. Dr. Park Dietz made a list of events that had affected Andrea Yates during her life and may have contributed to her mental disorder: â€Å"Giving up her career; Giving up her possessions; Changing her

Use of Indian mascots in sports Essay Example | Topics and Well Written Essays - 750 words

Use of Indian mascots in sports - Essay Example As such, it is bout time the truth was let out to the people as a means of ending negative stereotyping and racism drawn from deep within our history. Such efforts can attain significant efficacy if the issue is tackled from the sports context which evidently bears much of the concealed negative stereotyping of Native American Indians. The National Congress of American Indians has in the past explained that most depictions of Native American stereotypes in educational and/or commercial settings vilify and defame tribal nations, native cultures, and native peoples. This happens in that they usually spread legacies of prejudiced attitudes and racism that are rooted deep within ancient American cultures that looked down upon the natives particularly in the pre-civil rights era. This does not however mean that the teams that use names such as the Washington Redskins, Atlanta Braves, and Cleveland Indians deliberately use them to annoy or humiliate the Native American Indians; in most cases, they have no idea what is concealed in the names and mascots. This means that even Indian images such as the Chief Zee, ChiefNoc-A-Homa and Chief Wahoo portray the Native Americans as ethnic groups frozen in history. In this, political inequity and racial segregation emerge. The matter of Native Indians being oppressed dates back to American history when they were being accused of being â€Å"unreasonable savages who had corrupted new national ideals of political stability and economic continuity† (Deloria 39). The contributing factor as to why Indian mascots and other related phenomena are used to mock Indians is the fact that they were rich in symbolism and had multiple objects, beliefs, and imageries that were associated with them. For instance, the Red Indian face with a feather sticking out of his hair and the tomahawk are identities associated with the Native American Indians. Today, such names and imageries are used in sports teams and in popular merchandise such as

A Theory of Cross-Cultural Communication Essay Example for Free

A Theory of Cross-Cultural Communication Essay A Theory of Cross-Cultural Communication  © Anthony Pym 2003 Intercultural Studies Group Universitat Rovira i Virgili Tarragona, Spain* Pre-print version 3. 3 The following is a series of propositions designed to connect a few ideas about translation as a mode of cross-cultural communication. The ideas are drawn from a multiplicity of existing theories; the aim is not particularly to be original. The propositions are instead intended to link up three endeavors: an abstract conception of cross-cultural communication, a description of the specificities of translation, and an attempt to envisage the future of such communication in a globalizing age. The various points at which the propositions draw on or diverge from previous theories are indicated in a series of notes. 1. 1. 1. 1. 2. On cross-cultural communication in general Cross-cultural communication involves the perceived crossing of a point of contact between cultures. Cultures here are minimally seen as large-scale systems of assumed shared references, linguistic or otherwise1, used for the purposes of reducing complexity. 2 Cultures themselves may idealize one or several centers, where the shared references are felt to be so dense that communication would be without any need for reductions of complexities. Away from such ideals, cultures have peripheries, where references are sparse, or sparsely shared, or mixed with references shared by other cultures. The terms â€Å"center† and â€Å"periphery† are not to be understood geopolitically. (cf. Even-Zohar 1990, Toury 1995) The differences between centers and peripheries are operative fictions rather than primary empirical facts. The very belief that one is in a central position may be enough to curtail complexity, just as the false impression that one is lacking in context may increase complexity. (Pym 1998) The difference between center and periphery may also be characterized in terms of effort. When shared references are believed to be dense (all else being equal), the reduction of complexity requires less effort than when the references are believed to be sparse. Effort here is understood as being on both the sending and receiving sides of messages, as well as in any mediating position or investment in the channel. A text sent and received near a perceived center will thus require less investment of effort than the same text sent from a center to a periphery (assuming that the reduction of complexity is 1. 3. 1. 4. 1. 5. to be to a similar degree in both cases). And further supplementary effort will be needed if the text is to be received in another culture. (Pym 1995) 1. 6. The lines between cultures are marked as cross-over points where the communication act receives supplementary effort of a mediating and discontinuous nature. Such points are usually where translations are carried out. (Pym 2001a) Cross-cultural communication thus marks the points of contact between cultures, although it alone will not join up the points to form any kind of line. (Pym 1998, 2001a, cf. Chatwin 1987) On complexity and its reduction Texts are inscribed objects that can be interpreted in different ways and for different functions, quite independently of any original intentions. The plurality of possible interpretations is what we are calling complexity. The reduction of complexity does not imply any discerning of a true or primal meaning. For example, a reader at this point might interpret the term â€Å"reduction of complexity† as â€Å"understanding†, but such a reading will hopefully be deviated by the following paragraphs. In this sense, the reduction of complexity does not entail an act of understanding in any idealist sense. Nor must effort be expended only to reduce complexity. Effort can also be used to make texts more complex, preparing them for a greater plurality of interpretations. Such might be a certain conception of aesthetic pleasure, diplomatic ambiguity, or communicative mechancete. The degree of appropriate complexity is in each case dependent on the success conditions of the communicative act concerned. On success conditions Success conditions are criteria that make the communicative act beneficial for all or some of the participants concerned. 4 Such criteria may be simple, as in the case of a business negotiation to reach mutual agreement on a sales price: the success condition might be that a price is agreed to by all participants.

The United States †Mexican Border: The Beginning Essay -- American Hi

During the 1800’s the United States Border region began to rapidly grow and with new land and resources to exploit, men like William Cornell Greene and immigrants such as the Chinese arrived and took advantage of the people, the land and the resources. Like similar businesspersons William Cornell Greene, a Tombstone rancher, began to explore the money making potential that Mexico had to offer. With the financial help of local elites Greene became a junior partner in ranching. (Truett, 84) It was when Dona Elena, Governor Pesqueira’s widow, put her family mines on the market in the 1890’s that Greene and several elites were able to combine their resources and found the Cananea Copper Company. Elena then leased four properties to Greene. (Truett, 85) Greene then, with the help of a Walter S. Logan, a lawyer from New York, created a Mexican corporation, the Cananea Consolidated Copper Company (CCCC) and a U.S holding company, the Greene Consolidated Copper Company. (Truett, 85) In 1901 Greene united with Packard and the Roberts family to â€Å"combine their lands in southern Arizona as the Greene Cattle Company†. (Truett, 94) In addition, Truett reveals that Greene organized two new companies in Sonora: The Cananea Cattle Company and Turkey Track Cattle Company. (94) That same year Greene purchased 344,000 acres around Cananea. Greene and Bernard and the Cananea Realty Company began â€Å"to sell and rent town lots†. (Truett, 94) The CCCC and its cohort reoriented the Mexican countryside bit by bit, acre by acre, toward the orbit of copper mining. (Truett, 94-95) Greene’s connections helped him accumulated massive amounts of land. For example with the help Tomas and Ignacio Macmanus, who traveled between Cananea and Santa Cruz,... ...ops, and restaurants onto a place that formerly lay beyond the reach of regional commercial networks†. (Truett, 121) The Chinese had control of restaurants and groceries; they were hired as gardeners, cooks, houseboys and handymen. Jobs and resources were being taken away from the Mexicans and given to the Chinese. Testimonies state that the Chinese knew â€Å"how to make themselves indispensable† and in fact the relationships between the Americans and Chinese were more amicable. (Truett, 121) The progress that the Chinese made led to prejudices against the Chinese and anti-Chinese sentiments began to fill the atmosphere during this time. William Greene and the Chinese immigrants are two of many capitalists that traveled to the U.S.-Mexican border region in hopes financial success. They helped build the Mexican economy at the expense of the Mexican citizens.

Employment Torts: Information Guide

September 16, 2006 Worksheet 1 EMPLOYMENT TORTS Employer’s Liability 1. Introduction The basis of the liability of an employer for negligence in respect of injury suffered by his employee during the course of the employee’s work is twofold: 1. He may be liable for breach of the personal duty of care which he owes to each employee; 2. He may be vicariously liable for breach by one employee of the duty of care which that employee owes to his fellow employees. The action against the employer for damages by the employee who suffers personal injury on the job is only one of the methods available for compensation for workplace accidents. . Common Law Duties of the Employer There are essentially implied terms of the contract of employment – ‘It is quite clear that the contract between employer and employed, involves on the part of the former the duty of taking reasonable care to provide proper appliances, and to maintain them in a proper condition, and so to carry on his operations as not to subject those employed by him to unnecessary risk†¦Ã¢â‚¬  per Lord Herschell in Smith v. Baker This was later refined in Wilsons and Clyde Coal Co v. English and in Davie v.New Merton Board Mills Ltd. The duty is now regarded as four-fold and is non-delegable. In sum, the employer must take reasonable care to provide: 1. A competent staff of workers; 2. Adequate plant and equipment; 3. A safe system of working; and 4. A safe place of work. The common law duty of an employer to his employees was enunciated in Davie v. New Merton Board Mills Ltd [1959] 1 All ER 346 as a duty to take reasonable care for their safety i. e. you owe an employee a duty of care not to cause them damage.In that case, in 1946 an old-established firm of toolmakers made a drift (a tool consisting of a tapered bar of steel about one foot long) which had a latent defect, viz, excessive hardness of the steel due to negligent heat treatment. In July, 1946, the manufacturers sold t he drift to B & Co Ltd reputable suppliers of tools of this kind, from whom, in the same month, the employers of D bought at a reasonable price a batch of drifts, including this tool. The defect in the drift was not discoverable on inspection and no intermediate examination by the employers between the times of its manufacture and of its use was reasonably to be expected.Between July, 1946, and March, 1953, the drift was seldom, if ever, used, but in March, 1953, D used it in the course of his employment as a maintenance fitter. Owing to the defect in its manufacture, a piece flew off the drift when it was struck with a hammer by D in the course of using it, and destroyed the sight of his left eye. There was no negligence in the employers’ system of maintenance and inspection and the accident was solely due to the defect in the drift.HELD: -The employers were not liable to D for the injury caused to him by the defective drift, because they had fulfilled their duty to him as t heir servant, namely, a duty to take reasonable care to provide proper appliances, and were not responsible for the negligence of the manufacturers, who had no contractual relationship with the employers and in manufacturing the tool were not acting as persons (whether servants, agents or independent contractors) to whom the employers had delegated the performance of any duty that it was for the employers to perform.Per Lord Tucker: in my view, it would have made no difference if the drift had been purchased [by the employers] direct from the manufacturers. An employer may, however, render himself liable to his servant for injury suffered by him by reason of a faulty specification prepared by the employer for the manufacturer, or where the manufactured article may require inspection or test after delivery. The duty is not an absolute one and can be discharged by the exercise of due are and skill, which is a matter to be determined by a consideration of all the circumstances of the p articular case. It is well established that every employer has a duty at common law to provide: 1. A competent staff of men; 2. Adequate plant and equipment; 3. A safe system of working, with effective supervision; and 4. A safe place of work. Wilsons and Clyde Coal Ltd v English [1937] 3 All ER 628In an action by a miner against his employers for damages for personal injury alleged to be due to the negligence of the employers in that they had failed to provide a reasonably safe system of working the colliery, questions were raised (1) whether the employers were liable at common law for a defective system of working negligently provided or permitted to be carried on by a servant to whom the duty of regulating the system of working had been delegated by the employers, the employers' board of directors being unaware of the defect, and (2) if they were liable, whether the employers were relieved of their liability in view of the prohibition contained in the Coal Mines Act 1911, s2(4), against the owner of a mine taking any part in the technical management of the mine unless he is qualified to be a manager.HELD: – It was held by the House of Lords that (1) the employers were not absolved from their duty to take due care in the provision of a reasonably safe system of working by the appointment of a competent person to perform that duty. Although the employers might, and in some events were bound to, appoint someone as their agent in the discharge of their duty, the employers remained responsible. (2) the doctrine of common employment does not apply where it is proved that a defective system of working has been provided. To provide a proper system of working is a paramount duty, and, if it is delegated by a master to another, the master still remains liable.Lord Wright stated (at p644A) that the whole course of authority consistently recognises a duty which rests on the employer, and which is personal to the employer, to take reasonable care for the safety o f his workmen, whether the employer be an individual, a firm, or a company, and whether or not the employer takes any share in the conduct of the operations (at p644A). The obligation is threefold, â€Å"the provision of a competent staff of men, adequate material, and a proper system and effective supervision† (at p640C). 1. COMPETENT STAFF OF WORKERS An employer will be in breach of this duty if he engages a workman who has had insufficient training or experience for a particular job and, as a result of that workman’s incompetence, another employee is injured.Competence here usually relates to qualifications, training and experience. It may also include the disposition of the employee. Ifill v. Rayside Concrete Workers Ltd (1981) 16 Barb. LR The plaintiff and J were employed by the defendants as labourers. They were both known by the defendants to have a propensity for ‘skylarking’ at work, and had been warned on at least two occasions not to do so. One day, J picked the plaintiff up and cradled him in his arms, saying he was ‘light as a baby’ and singing ‘Rock-a-bye-baby’. As J carried the plaintiff forward, he tripped over a pipeline and both J and the plaintiff fell into a cement mixer, which was only partly covered, both of them sustaining injuries.The plaintiff brought an action against the defendant for: (a) breach of statutory duty; and (b) negligence at common law. HELD: -(a) the cement mixer was a ‘dangerous part of machinery’ within what was then s 10(1) of the Factories Act, Cap 347, and the defendants were in breach of their absolute statutory duty to fence it securely; (b) the defendants were in breach of their duty at common law not to expose the plaintiff to risks of danger emanating from indisciplined fellow employees, and were liable in negligence; (c) the plaintiff was guilty of contributory negligence and his damages would be reduced by 50%. Douglas CJ said: †¦it is obv ious that the plaintiff and the second defendant each had a marked propensity for skylarking.They persisted in it, in spite of warnings†¦in my view, mere warnings were totally inadequate for such serious cases of indiscipline†¦Rayside was negligent in exposing its employees, including the plaintiff, to the risk of injury from the second defendant’s skylarking†¦the plaintiff was contributorily negligent in participating in the skylarking activity which caused his injury. â€Å"†¦upon principle it seems to me that if, in fact, a fellow workman is not merely incompetent but, by his habitual conduct, is likely to prove a source of danger to his fellow employees, a duty lies†¦on the employers to remove that source of danger†¦Ã¢â‚¬  Hudson v. Ridge Manufacturing Co Ltd [1957] 2 QB 348 The defendants had had in their employ, for a period of almost four years, a man given to horseplay and skylarking. He had been reprimanded on many occasions by the for eman, seemingly without any result.In the end, while indulging in skylarking, he tripped and injured the plaintiff, a fellow employee who sued his employer for failing to take reasonable care for his safety. HELD: -Straetfield J said: This is an unusual case, because the particular form of lack of care by the employers alleged is that they failed to maintain discipline and to take proper steps to put an end to this skylarking, which might lead to injury at some time in the future†¦the matter is covered not by authority so much as principle. It is the duty of employers, for the safety of employees, to have reasonably safe plant and machinery. It is their duty to have premises which are similarly reasonably safe.It is their duty to have a reasonably safe system of work. It is their duty to employ reasonably competent fellow workmen†¦it seems to me that if, in fact, a fellow workman is not merely incompetent but, by his habitual conduct, is likely to prove a source of danger to his fellow employees, a duty lies fairly and squarely on the employers to remove that source of danger. Smith v. Crossley Bros Ltd (1951) 95 SJ 655 Injury was done to the plaintiff, a 16 year old apprentice, by inserting in him, in horseplay, compressed air. At first instance, it was held that the employers had not exercised adequate supervision over the apprentices and that lack of supervision constituted negligence.HELD: -on appeal, it was held that the evidence disclosed no negligence on the part of the employers, because the injury to the plaintiff resulted from what was wilful misbehaviour by the other boys and a wicked act which the employers had no reason to foresee. There was no history of childish behaviour – the employers did not know or ought to have known about the defendant’s propensity for skylarking. 1. ADEQUATE PLANT & EQUIPMENT An employer must take the necessary steps to provide adequate plant and equipment for his workers, and he will be liable to any workman who is injured through the absence of any equipment which is obviously necessary or which a reasonable employer would recognise as being necessary for the safety of the workman.The employer must take reasonable care to ensure that damage is not caused to the employee by the absence of necessary safety equipment such as goggles, safety helmets, shoes etc. or by the presence of unsafe machinery. Sammy v. BWIA (1988) High Court, TT, No 5692 of 1983 (unreported) The plaintiff, who was employed by the defendant as a mechanic, was sent to repair a vehicle which had broken down on a ramp at Piarco Airport. While attempting to start the vehicle, it caught fire. No fire extinguishers were provided either in the vehicle being repaired or in the service vehicle and, in attempting to put out the fire with a cloth, the plaintiff suffered burns.HELD: – Gopeesingh J held the defendant liable for breach of its common law duty to the plaintiff to take reasonable care for his safe ty,†¦by not exposing him to safety to any unnecessary risk during the performance of his duties as an employee†¦By failing to provide fire extinguishers on these vehicles, the defendant clearly exposed the plaintiff to unnecessary risk when the fire started on the vehicle†¦The defendant was under a duty to provide proper safety appliances on these vehicles to safeguard the plaintiff in the event of such an occurrence. Morris v. Point Lisas Steel Products Ltd (1989) High Court, TT, No 1886 of 1983 (unreported) The plaintiff was employed as a machine operator at the defendant’s factory. While the plaintiff was using a wire cutting machine, a piece of steel flew into his right eye, causing a complete loss of sight in that eye. Holding the employer in breach of its common law duty of care in failing to provide goggles; HELD: – Hosein J said that†¦since the risk was obvious to the defendant and not insidious, the defendant ought to have made goggles avai lable and also given firm instructions that they must be orn, and the defendant ought to have educated the men and made it a rule of the factory that goggles must be worn, since, if an accident did happen, the probability was likely to be the loss of sight of one or both eyes. Forbes v. Burns House Ltd (2000) Supreme Court, The Bahamas, No 432 of 1995 (unreported) An office worker was injured at the workplace when a swivel chair on which she was sitting collapsed. HELD: – the employer was in breach of its duty to inspect and maintain office equipment, including the chair. McGhee v. National Coal Board [1972] 3 All ER 1008 The appellant was sent by the respondents, his employers, to clean out brick kilns.Although the working conditions there were hot and dirty, the appellant being exposed to clouds of abrasive brick dust, the respondents provided no adequate washing facilities. In consequence the appellant had to continue exerting himself after work by bicycling home caked wit h sweat and grime. After some days working in the brick kilns the appellant was found to be suffering from dermatitis. In an action by the appellant against the respondents for negligence the medical evidence showed that the dermatitis had been caused by the working conditions in the brick kilns. The evidence also showed that the fact that after work the appellant had had to exert himself further by bicycling home with brick dust adhering to his skin had added materially to the risk that he might develop the disease.It was held in the Court of Session that the respondents had been in breach of duty to the appellant in failing to provide adequate washing facilities but that the appellant’s action failed because he had not shown that that breach of duty had caused his injury, in that there was no positive evidence that it was more probable than not that he would not have contracted dermatitis if adequate washing facilities had been provided. On appeal, HELD: – A defender was liable in negligence to the pursuer if the defender’s breach of duty had caused, or materially contributed to, the injury suffered by the pursuer notwithstanding that there were other factors, for which the defender was not responsible, which had contributed to the injury. Accordingly the respondents were liable to the appellant, and the appeal would be allowed, because— (i) (per Lord Reid, Lord Wilberforce, Lord Simon f Glaisdale and Lord Salmon) a finding that the respondents’ breach of duty had materially increased the risk of injury to the appellant amounted, for practical purposes, to a finding that the respondents’ breach of duty had materially contributed to his injury, at least (per Lord Wilberforce) in the absence of positive proof by the respondents to the contrary; (ii) (per Lord Kilbrandon) on the facts found, the appellant had succeeded in showing that, on a balance of probabilities, his injury had been caused or contributed to by the re spondents’ breach of duty 2. SAFE SYSTEM OF WORKING An employer must organise a safe system of working (includes a duty to take reasonable precautions to protect employees from attacks by armed bandits) and must ensure as far as possible that the system is adhered to.In addition to supervising workmen, the employer should organise a system which itself reduces the risk of injury from the workmen’s foreseeable carelessness. This has been described as â€Å"†¦the sequence in which the work is to be carried out the provision in proper cases of warnings and notices and the issue of special instructions†¦Ã¢â‚¬  per Lord Greene MR Legall v. Skinner Drilling (Contractors) Ltd (1993) High Court, Barbados, No 1775 of 1991 (unreported) The defendant company was engaged in oil drilling. The plaintiff was employed by the defendant as a derrick man, one of his duties being the removal of nuts and bolts from the rigs as part of the ‘rigging down’ operation. In order to remove a bolt from a rig platform about 10 ft from the ground, the plaintiff was given an empty oil drum to stand on.The drum toppled over and the plaintiff fell to the ground and was injured. HELD: – the defendant, by failing to ensure that its workers used ladders to reach high platforms and to warn the plaintiff of the danger of standing on the oil drum, was in breach of its common law duty to provide a safe system of work. Bish v. Leathercraft Ltd. (1975) 24 WIR 351 The plaintiff was operating a button pressing machine in the defendants’ factory when a button became stuck in the piston. While attempting to dislodge the button with her right index finger, the plaintiff’s elbow came into contact with an unguarded lever, which caused the piston to descend and crush her finger.HELD: – The Jamaican Court of Appeal held that the defendants were in breach of their common law duties to provide adequate equipment and a safe system of work, in that: (a) the button had not been pre-heated, which was the cause of its becoming stuck in the position; (b) no three inch nail, which would have been effective to dislodge the button, was provided for the plaintiff’s use, with the result that the plaintiff had to resort to using her finger; and (c) the lever was not provided with a guard, which would most probably have prevented the accident which occurred. Qualcast v. Haynes [1959] AC 743 Hurdle v. Allied metals Ltd. [1974] 9 Barb LR 1 3. SAFE PLACE OF WORK An employer has a duty to take care to ensure that the premises where his employees are required to work are reasonably safe. The duty exists only in relation to those parts of the workplace which the employee is authorised to enter.An employee who enters an area which he knows to be ‘out of bounds’, will generally be treated as a trespasser. As the occupier, in most cases, of the workplace, the employer is under a duty to the employee (a lawful visitor) to take reasonable care to see that the premises are reasonably safe for the purpose of doing the job. Where the employer is not the occupier of the workplace, there is still a requirement that he take reasonable care to ensure that the worker is reasonably safe. This will vary with the circumstances. A significant question is whether the employer knew of or ought to have been aware of the danger and what steps were to be regarded as reasonable in providing a safe place of work. Alcan (Jamaica) Ltd v.Nicholson (1986) Court of Appeal, Jamaica, Civ App No 49 of 1985 (unreported), per Hall J A welder, during his lunch break, left his area of work at a bauxite installation and entered a location called a ‘precipitation area’, in search of cigarettes. There, he suffered a serious eye injury when caustic soda, which was stored in tanks, splashed into his eye. HELD: – the employer/occupier was held not liable for the injury, since the welder was a trespasser in the area who kne w he had no right to be there and was well aware of the dangers of caustic soda. Watson v. Arawak Cement Co Ltd (1998) High Court, Barbados, No 958 of 1990 (unreported) The plaintiff was employed by the defendant as a general worker. He was sent to work on a ship which was in the possession of a third party.While attempting to leave the ship at the end of his day’s work, the plaintiff fell from an unlit walkway inside the ship and sustained injuries. HELD: – Chase J held the defendant liable on account of its failure to provide a suitable means of egress from the ship and to instruct the plaintiff as to the method of leaving the vessel. Another aspect of the employer’s duty to exercise reasonable care and not to expose his servants to unnecessary risk in his duty to provide a reasonable safe place of work and access thereto. This duty does not come to an end merely because the employee has been sent to work at premises which are occupied by a third party and not the employer. The duty remains throughout the course of his employment.General Cleaning Contractors Ltd v. Christmas [1953] AC 180 The plaintiff, a window cleaner, was employed by the defendants, a firm of contractors, to clean the windows of a club. While, following the practice usually adopted by employees of the defendants, he was standing on the sill of one of the windows to clean the outside of the window and was holding one sash of the window for support, the other sash came down on his fingers, causing him to let go and fall to the ground, suffering injury. On a claim by him against the defendants for damages; HELD: – it was held by the House of Lords that even assuming that other systems of carrying out the work, e. g. by the use of safety belts or ladders, were impracticable, the defendants were still under an obligation to ensure that the system that was adopted was as reasonably safe as it could be made and that their employees were instructed as to the steps to b e taken to avoid accidents; the defendants had not discharged their duty in this respect towards the plaintiff; and, therefore, they were liable to him in respect of his injury. Per Lord Reid: Where a practice of ignoring an obvious danger has grown up it is not reasonable to expect an individual workman to take the initiative in devising and using precautions. It is the duty of the employer to consider the situation, to devise a suitable system, to instruct his men what they must do, and to supply any implements that may be required.Since the employer’s liability is merely another form of negligence, the employee must establish not only the breach of the duty of care owed to her, but also that it legally caused the resultant damage, and that such damage was not too remote. Walker v. Northumberland [1995] 1 All ER 737 The plaintiff was employed by the defendant local authority as an area social services officer from 1970 until December 1987. He was responsible for managing fo ur teams of social services fieldworkers in an area which had a high proportion of child care problems. In 1986 the plaintiff suffered a nervous breakdown because of the stress and pressures of work and was off work for three months. Before he returned to work he discussed his position with his superior who agreed that some assistance should be provided to lessen the burden of the plaintiff's work.In the event, when the plaintiff returned to work only very limited assistance was provided and he found that he had to clear the backlog of paperwork that had built up during his absence while the pending child care cases in his area were increasing at a considerable rate. Six months later he suffered a second mental breakdown and was forced to stop work permanently. In February 1988 he was dismissed by the local authority on the grounds of permanent ill health. He brought an action against the local authority claiming damages for breach of its duty of care, as his employer, to take reaso nable steps to avoid exposing him to a health-endangering workload.HELD: – It was held in the QBD that where it was reasonably foreseeable to an employer that an employee might suffer a nervous breakdown because of the stress and pressures of his workload, the employer was under a duty of care, as part of the duty to provide a safe system of work, not to cause the employee psychiatric damage by reason of the volume or character of the work which the employee was required to perform. On the facts, prior to the 1986 illness, it was not reasonably foreseeable to the local authority that the plaintiff's workload would give rise to a material risk of mental illness. However, as to the second illness, the local authority ought to have foreseen that if the plaintiff was again exposed to the same workload there was a risk that he would suffer another nervous breakdown which would probably end his career as an area manager.The local authority ought therefore to have provided additiona l assistance to reduce the plaintiff's workload even at the expense of some disruption of other social work and, in choosing to continue to employ the plaintiff without providing effective help, it had acted unreasonably and in breach of its duty of care. It followed that the local authority was liable in negligence for the plaintiff's second nervous breakdown and that accordingly there would be judgment for the plaintiff with damages to be assessed. Sutherland v. Hatton [2002] IRLR 263 The claimant in this case was a secondary school teacher who suffered from depression and a nervous breakdown and was initially awarded ? 90,765.HELD: – The CA found that Hatton gave the school she worked for no notice that she was growing unable to cope with her work. She had suffered some distressing events outside of work, which the school could reasonably have attributed her absence to, particularly as other staff did not suffer from health problems as a result of restructuring in the scho ol, and the fact that she did not complain. The court held that as teaching cannot be regarded as intrinsically stressful; the school had done all they could reasonably be expected to do. It was unnecessary to have in place systems to overcome the reluctance of people to voluntarily seek help. The guidelines set up by the CA are as follows: 1.There are no special control mechanisms relating to work-related stress injury claims; ordinary principles of employers’ liability apply. 2. The â€Å"threshold† question is whether this kind of harm to this particular employee was reasonably foreseeable. 3. Foreseeability depends on what the employer knows or should know about the individual employee. Unless aware of a particular problem or vulnerability, the employer can usually assume that the employee can withstand the normal pressures of the job. 4. The test is the same for all occupations; no occupation is to be regarded as intrinsically dangerous to mental health. 5. Reason able foreseeability of harm includes consideration of:  ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   the nature and extent of the work   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   whether the workload is much greater than normal  ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   whether the work is particularly intellectually or emotionally demanding for that employee  ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   whether unreasonable demands are being made of the employee  ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   whether others doing this job are suffering harmful levels of stress  ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   whether there is an abnormal level of sickness or absenteeism in the same job or department. The employer can take what the employee tells it at face value, unless it has good reason not to, and need not make searching enquiries of the employee or his or her medical advisors. 6. The employer can take what the employee tells it at face value, unless it has good reason not to and need not make searching enquiries of the employee or his/her medical advisors. 7. The duty to take steps is triggered by indications of impending harm to health, which must be plain enough for any reasonable employer to realise it has to act. 8.There is a breach of duty only if the employer has failed to take steps that are reasonable in the circumstances, bearing in mind the magnitude of the risk of harm occurring, the gravity of that harm, the costs and practicability of preventing it and the justifications for running the risk. 9. The employer’s size, scope, resources and demands on it are relevant in deciding what is reasonable (including the need to treat other employees fairly, for example in any redistribution of duties). 10. An employer need only take steps that are likely to do some good; the court will need expert evidence on this. 1. An employer that offers a confidential advice service, with appropriate counselling or treatment services is unlikely to be found in breach of duty. 2.If the only reasonable and effective way to prevent the injury would be to dismiss or demote the employee, the employer will not be in breach in allowing a willing employee to continue working. 3. In all cases, it is necessary to identify the steps that the employer could and should have taken before finding it in breach of duty of care 4. The claimant must show that that breach of duty has caused or materially contributed to the harm suffered. It is not enough to show that occupational stress caused the harm; it must be linked with the breach. 5. Where the harm suffered has more than one cause, the employer should only pay for that part caused by its wrongdoing, unless the harm is indivisible. 1.Assessment of damages will take account of pre-existing disorders or vulnerability and the chance that the claimant would have suffered a stress-related disorder in any event. Hudson v Ridge Manufacturing [1957] 2 All ER 229 The plaintiff, while at work, was injured through a foolish prank played on him by Chadw ick, a fellow workman. Over a period of about four years C had been in the habit of indulging in horseplay during his work, at the expense of the plaintiff and the other workmen. The employers knew about C's conduct and had frequently reprimanded him and warned him that someone might one day be hurt, but, although he paid no heed to their reprimands, he was allowed to remain in their employment.In an action by the plaintiff against the employers, claiming damages for negligence at common law; HELD: – it was held at Manchester Assizes that the employers were liable to the plaintiff in damages for breach of their duty at common law to provide competent workmen, because, if a workman, by his habitual conduct, was likely to prove a source of danger to his fellow workmen, it was the employers' duty to remove that source of danger, and the plaintiff's injury was sustained as a result of the employers' failure to take proper steps to put an end to C's horseplay or to remove him from their employment if he persisted in it. Smith v Crossley Brothers Ltd ((1951) 95 Sol Jo 655) considered. Wilson v Tyneside Window Cleaning Co [1958] 2 All ER 265A master's duty to his servant to take reasonable care so to carry out his operations as not to subject his servant unnecessary (see Smith v Baker & Sons [1891] AC at p362) is one single duty applicable in all circumstances, though it may be convenient to divide it into categories (as was done by Lord Wright in Wilsons & Clyde Coal v English [1937] 3 All ER at p640) when dealing with a particular case. So viewed, the question whether the master was in control of the premises, or whether the premises were those of a stranger, becomes merely one of the ingredients, albeit an important one, in considering the question of fact whether, in all the circumstances, the master took reasonable care.A skilled and experienced window cleaner, who knew that he should not trust the handles on windows without first testing them, was freque ntly sent by his employers to clean the windows of a particular customer. The employers did not inspect the customer's premises each time when they sent the window cleaners there, nor did they specifically warn the window cleaner of particular dangers; but they did instruct him to leave uncleaned any window which presented unusual difficulty and which he was in doubt whether he could clean safely, to report the fact to them and to ask for further instructions. There was no evidence of any practice in the trade either of inspecting premises for safety before work or of repeatedly warning workmen of the dangers.While cleaning the outside of a kitchen window, the woodwork of which appeared to the window cleaner to be rotten, of which he knew the sash to be stiff and of which one of the two handles was missing, the window cleaner attempted to pull the window down by the remaining handle. The handle came away in his hand, causing him to lose his balance, fall and sustain severe injuries. In an action by the window cleaner against the employers for alleged negligence exposing him to unnecessary risk; HELD: – it was held by the Court of Appeal that the employers had taken reasonable care not to subject the plaintiff to unnecessary risk, because the danger was an apparent danger, the plaintiff was very experienced at the work, and they had instructed him not to clean windows which it might not be safe to clean; the employers, therefore, were not liable. DEFENCES 1.Volenti non fit injuria is a defence for an employer against an employee. It could apply where an employee is so negligent that it could be said that the employee is completely at fault. 2. An employee's knowledge of the existence of a danger does not in itself amount to consent to run the risk. 3. Contributory negligence is also a defence that an employer may utilise against an employee. However, the courts are reluctant to apply this doctrine. This doctrine does not completely exonerate an employee but in fact reduces the amount of damages (apportionment) given to the employee. 4. Contributory negligence is a defence both to an action in negligence and breach of statutory duty.In general, however, the carelessness of employees as claimants is treated more leniently than the negligence of employers, even where liability rests upon the vicarious responsibility of the employer for the negligence of another employee. Smith v. Baker [1891] AC 325 When a workman engaged in an employment not in itself dangerous is exposed to danger arising from an operation in another department over which he has no control – the danger being created or enhanced by the negligence of the employer – the mere fact that he undertakes or continues in such employment with full knowledge and understanding of the danger is not conclusive to show that he has undertaken the risk so as to make the maxim â€Å"Volenti non fit injuria† applicable in case of injury.The question whether he has so undertaken the risk is one of fact and not of law. And this so both at common law and in cases arising under the Employers Liability Act 1880. The plaintiff was employed by railway contractors to drill holes in a rock cutting near a crane worked by men in the employ of the contractors. The crane lifted stones and at times swung over the plaintiff's head without warning. The plaintiff was fully aware of the danger to which he was exposed by thus working near the crane without any warning being given, and had been thus employed for months. A stone having fallen from the crane and injured the plaintiff, he sued his employers in the County Court under the Employers Liability Act 1880.HELD: – the House of Lords, reversing the decision of the Court of Appeal (Lord Bramwell dissenting), that the mere fact that the plaintiff undertook and continued in the employment with full knowledge and understanding of the danger arising from the systematic neglect to give warning did not prec lude him from recovering; that the evidence would justify a finding that the plaintiff did not voluntarily undertake the risk of injury; that the maxim â€Å"Volenti non fit injuria† did not apply; and that the action was maintainable. ICI v. Shatwell [1965] AC 656 G and J who were brothers, were certificated and experienced shotfirers employed by ICI Ltd.By their employers' rules, and by reg 27(4) of the Quarries (Explosives) Regulations 1959, G and J were required to ensure that no testing of an electric circuit for shotfiring should be done unless all persons in the vicinity had withdrawn to shelter. The statutory duty was imposed on G and J, not on their employers. The risk, which had been explained to G and J, was of premature explosions. On the day of the accident, while a third man had gone to fetch a longer cable so that a shotfiring circuit, which had been made in the course of their employment, could be tested from shelter, G invited J to proceed with him to make a test in the open. G and J were injured by the resulting explosion.On appeal from an award of damages to G (both negligence and breach of statutory duty by J being found at the trial, and the award being of an amount reduced in respect of G's contributory negligence) in an action by G against the employers as vicariously responsible for J's breach of duty; HELD: – the House of Lords said that although J's acts were a contributing cause (Viscount Radcliffe dissenting as regards causation) of G's injury, the employers were not liable because – (1) the employers not being themselves in breach of duty, any liability of theirs would be vicarious liability for the fault of J, and to such liability (whether for negligence or for breach of statutory duty) the principle volenti non fit injuria afforded a defence, where, as here, the facts showed that G and J knew and accepted the risk (albeit a remote risk) of testing in a way that contravened their employers' instructions and t he statutory regulations. (2) (per Viscount Radcliffe) each of them, G and J, emerged from their joint enterprise as author of his own injury, and neither should be regarded as having contributed a separate wrongful act injuring the other.Per Lord Pearce (Viscount Radcliffe concurring): the defence of volenti non fit injuria should be available where the employer is not himself in breach of statutory duty and is not vicariously in breach of any statutory duty through neglect of some person of superior rank to the plaintiff and whose commands the plaintiff is bound to obey, or who has some special and different duty of care. [Editorial Note – There was no breach of statutory duty by the employers: the defence of â€Å"volens† was admitted against vicarious responsibility only †¦ The defence is not available to an employer on whom a statutory obligation is imposed as against liability for his own breach of that obligation. ] Staple v. Gypson Mines Ltd [1953] AC 663 The plaintiff claimed damages on behalf of her husband. There had been a mining accident. A roof fell in the section of the mine where the deceased was working and he was crushed.The deceased and another colleague had been told to bring the rest of the roof down; however, they left part of the roof hanging and then continued working. HELD: – The House of Lords held that the employer was vicariously liable as Mr. Staple consented to continue working and such consent amounted to 80% contributory negligence. Fagelson (1979) 42 MLR 646 Flower v. Ebbw Vale Steel Iron & Coal Ltd [1934] 2 KB 134 The plaintiff brought an action for personal injury alleged to have been sustained by a workman through his employers' breach of their statutory duty under s10 of the Factory and Workshop Act 1901, in not securely fencing a machine for rolling metal sheets in their factory. The workman in the course of his duty was cleaning the machine.To enable this to be done the rollers are set in motion. The safe and simple way to clean them is to take one's stand at the back of the machine and apply emery-cloth or engineers' waste over the iron bar to the upper part of the rollers; for then all the seven rollers are revolving away from the operator. There was some evidence that he had been told to use this method, but it was of a vague and general kind. The employers pleaded that the alleged injury was caused solely by the workman's own negligence in attempting to clean the machine at a wrong part, and omitting to take reasonable care to prevent his left hand from coming into contact with the rollers.The judge held that the machine was dangerous and that it was not sufficiently fenced; but that the workman had acted in disobedience to his orders without any good reason for so acting, and that his disobedience was the proximate cause of the accident. The judge also held that the defence of contributory negligence was open to the employers. Accordingly he gave judgment for the emplo yers. The workman appealed to the Court of Appeal, which affirmed the judgment of the trial judge. HELD: – The House of Lords held that judgment be entered for the employee. The decision of the Court of Appeal was reversed on the ground that the only contributory negligence relied on was disobedience to orders, and that the evidence at the trial was insufficient to prove that the alleged orders were ever given.Consideration was given by Lord Wright (at p214-5) of the circumstances in which contributory negligence may be pleaded as a defence to an action by a workman for personal injuries through a breach by his employers of their duty under s10 (1) (c) of the Factory and Workshop Act 1901, to fence securely all dangerous parts of the machinery in their factory. Per Lawrence J – â€Å"It is not for every risky thing which a workman in a factory may do in his familiarity with the machinery that [he] ought to be held guilty of contributory negligence†¦ 3. Breach of Statutory Duty (Employment) An employer may be under a statutory duty to provide safety equipment to protect his employees from injury, especially where they are operating dangerous machinery.Generally, where a statute provides a criminal penalty for an infringement of one of its provisions, the penalty is normally treated as the only liability to which the offender is subject, and no civil action is usually maintainable infringement against him by the victim of his criminal conduct. However, it has for long been recognised that the statutory duties imposed on an employer to enhance the safety of it employees may form the basis of an action for damages by an injured employee for breach of statutory duty. See Factories Act An employer who fails to provide equipment as required by statute will be liable for breach of statutory duty. An employee who is injured as a consequence of a breach of statutory duty must show: 1. That the act which caused the damage was regulated by the statute; 2.That he was one of the persons whom the statute was intended to protect; and 3. That the damage suffered was of a kind that the statute was intended to prevent. The first two requirements are normally easy to satisfy, but the third may be problematic. Gorris v. Scott (1874) LR 9 Ex 125 A ship-owner was required by statute to provide pens for cattle on board his ship. He failed to do this, with the result that the plaintiff’s cattle were swept overboard. HELD: – that the ship-owner was not liable for the loss, because the damage that the statute was intended to prevent was the spread of contagious diseases, not the sweeping overboard of the cattle. Close v. Steel Co of Wales Ltd [1962] AC 367It was held that a workman who is injured by a dangerous part of machinery which flies out of a machine and injures him cannot base a claim on the statutory obligation that dangerous parts of machinery ‘shall be securely fenced’, because the purpose of the statutory duty is ‘to keep the worker out, not to keep the machine or its product in’. Morris v. Seanem Fixtures Ltd (1976) 11 Barb LR 104, High Court Barbados The plaintiff was employed by the defendants as a shop-hand and fitter. Without being authorised or directed to do so by the defendants, she operated a ‘planer’ at the factory, and in attempting to remove some wood shavings from the machine while it was still in motion, sustained injuries to her hand when it became caught in the machine’s rotating blades. She brought an action against the defendants for negligence and breach of statutory duty.HELD: – (a) the claim in negligence failed, since the plaintiff had not been directed or authorised to use the machine; (b) the claim for breach of statutory duty succeeded. The cutting rotor of the planer was a dangerous part of a machine and the defendants were in breach of the duty imposed by s 10(1) of the Factories Act, Cap 347, in failing to fence or t o provided some other safety device to prevent contact; (c) the plaintiff was guilty of contributory negligence and her damages would be reduced by two-thirds. Walker v. Clarke (1959) 1 WIR 143, Court of Appeal, Jamaica The plaintiff/respondent operated a dough-brake machine in the course of his employment at the defendant’s/appellant’s bakery. The machine had a revolving turntable to feed the dough to rollers, but, as this did not work atisfactorily, the respondent, on the instructions of the appellant, fed the dough to the rollers by hand. While attempting to remove some foreign matter from the machine whilst it was in motion, the respondent put his hand too close to the rollers and his fingers were crushed. HELD: – the rollers were a dangerous part of the machine and, as they were not securely fenced, the appellant was in breach of his statutory duty. Bux v. Slough Metals Ltd [1974] 1 All ER 262 Nimmo v. Alexander Cowan & Sons Ltd [1968] AC 107 4. Occupationa l Health & Safety Legislation This type of legislation applies to all forms of employment with only few exceptions, whereas the Factories legislations apply to only such establishments.Essentially, these Acts provide for the general duties of employers to their employees and to persons other than their employees; the general duties of employees; the rights of employees to refuse to perform dangerous work; administrative and criminal sanctions for contravention of its provisions and specific duties in respect of the safety, health and welfare of those in the establishment. R v. Associated Octel Co Ltd [1997] IRLR 123 R v. Swan Hunter Shipbuilders Ltd [1981] ICR 831 R v. Gateway Foodmarkets Ltd [1997] IRLR 189 October 07, 2006 Worksheet II VICARIOUS LIABILITY Employers are vicariously liable for the torts of their employees that are committed during the course of employment. The expression ‘vicarious liability’ refers to the situation where D2 is liable to P for damages c aused to P by the negligence or other tort of D1.It is not necessary that D2 should have participated in the tort or have been in any way at fault. D2 is liable simply because he stands in a particular relationship with D1. That relationship is normally one of ‘master and servant’, or in modern parlance ‘employer an employee’. DEVELOPMENT OF VICARIOUS LIABIITY In early medieval times a master was held responsible for all the wrongs of his servants. Later as the feudal system disintegrated, the ‘command theory’ emerged, under which a master was liable only for those acts of his servants which he had ordered or which he had subsequently ratified. Later still, with the development and expansion of industry and commerce, the ‘command theory’ fell into disuse for two main reasons: 1.Under modern conditions it was no longer practicable for an employer to always control the activities of his employees, especially those employed in large b usinesses; and. 2. The greatly increased hazards of modern enterprises required a wider range of responsibility on the part of employers than that which had been imposed in earlier times. The theory of vicarious liability which eventually emerged was that a master is liable for any tort committed by his servant in the course of the servant’s employment, irrespective of whether the master authorized or ratified the activity complained of, and even though he may have expressly forbidden it. The modern theory of vicarious liability is based on considerations of social policy rather than fault.It may seem unfair and legally unjustifiable that a person who has himself committed no wrong should be liable for the wrongdoing of another, on the other hand, it may be argued that a person who employs others to advance his economic interests should be held responsible for any harm caused by the actions of those employees, and that the innocent victim of an employee’s tort should b e able to sue a financially responsible defendant, who may in any case take out a policy against liability. The cost of such insurance will, of course, ultimately be passed on to the public on the form of higher prices. However, care should be taken not to hamper business enterprises unduly by imposing too wide a range of liability o employers. Therefore there is a requirement that a master will only be liable for those torts hich his servant committed during the course of his employment-that is, while the servant was doing his job he was employed to do. According to Michael A. Jones, Textbook on Torts, 2000, p379, several reasons have been advanced as a justification for the imposition of vicarious liability: 1. The master has the ‘deepest pockets'. The wealth of a defendant, or the fact that he has access to resources via insurance, has in some cases had an unconscious influence on the development of legal principles. 2. Vicarious liability encourages accident prevention by giving an employer a financial interest in encouraging his employees to take care for the safety of others. 3.As the employer makes a profit from the activities of his employees, he should also bear any losses that those activities cause. Three questions must be asked in order to establish liability: 1) Was a tort committed? 2) Was the tortfeasor an employee? 3) Ws the employee acting in the course of employment when the tort was committed? SERVANTS AND INDEPENDENT CONTRACTORS A person who is employed to do a job may be either a servant or an independent contractor. It is important to decide which category he comes into, for whilst an employer is liable for the torts of his servants, he is generally not liable for those of his independent contractors.Various tests for establishing an individual's employment status have been developed through the cases: (a) The control test This was the traditional test. According to ‘Salmond and Heuston on the Law of Torts’: A servant m ay be defined as any person employed by another to do work for him on the terms that he, the servant, is to be subject to the control and directions of his employer: an independent contractor is one who is his own master. A servant is a person engaged to obey the employer’s orders from time to time; an independent contractor is a person engaged to do certain work, but to exercise his own discretion as to the mode and time of doing it – he is bound by his contract, but not by his employer’s orders.A servant is employed under a contract of service, whereas an independent contractor is employed under a contract for services: In Collins v Hertfordshire CC [1947] 1 All ER 633, Hilbery J said: â€Å"The distinction between a contract for services and a contract of service can be summarised in this way: In one case the master can order or require what is to be done, while in the other case he can not only order or require what is to be done, but how it shall be done. † But in Cassidy v Ministry of Health [1951] 1 All ER 574, Somervell LJ pointed out that this test is not universally correct. There are many contracts of service where the master cannot control the manner in which the work is to be done, as in the case of a captain of a ship.He went on to say: â€Å"One perhaps cannot get much beyond this ‘Was the contract a contract of service within the meaning which an ordinary person would give under the words? ’† However, although the control test may be satisfactory in the most basic domestic situations, it has proved to be quite inadequate in the context of modern business enterprise, where large organisations commonly employ highly skilled professional persons under contracts of service, and yet do not or cannot control the manner in which they do their work. (b) The Organisation Test A useful alternative to the control test, and one which is more in keeping with the realities of modern business, is what may be cal led the ‘organisation test’.This test was explained by Denning LJ in Stevenson, Jordan and Harrison Ltd v. Macdonald and Evans Ltd as: Under a contract of service, a man is employed as part of a business, and his work is done as an integral part of the business; whereas under a contract for services, his work, although done for the business, is not integrated into it but is only accessory to it. Examples of servants of the organisation under this test include: hospital doctors and nurses, school teachers, airline pilots, office clerical staff and factory workers. Examples of independent contractors include: freelance journalists, attorneys, architects plumbers and taxi drivers driving their own vehicles. (c) The ‘Multiple’ or ‘Mixed’ TestThe three conditions suggested by MacKenna J in Ready Mixed Concrete (South East) Ltd v. Minister of Pensions, for the existence of a contract of service of employment are: 1. the employee agrees to provide his work and skill to the employer in return for a wage or other remuneration; 2. the employee agrees, expressly or impliedly, to be directed as to the mode of performance to such a degree as to make the other his employer; and 3. the other terms of the contract are consistent with there being a contract of employment. In applying this test, the courts do not limit themselves to considering just those three factors.They consider a wide range of factors including: the degree of control over the worker’s work; his connection with the business; the terms of the agreement between the parties; the nature and regularity of the work; and the method of payment of wages. LENDING AN EMPLOYEE/SERVANT If an employer lends an employee to another employer on a temporary basis, as a general rule it will be difficult for the first employer to shift responsibility to the temporary employer. Mersey Docks & Harbour Board v Coggins Ltd [1946] 2 All ER 345 The appellants employed Y as a driver of a mobile crane. They hired out the crane, together with Y as driver, to the respondents, a stevedoring company, for use in unloading a ship.The contract between the appellants and the respondents provided that Y was to be the servant of the respondents, but Y was paid by the appellants, who alone had the power of dismissal. Whilst loading the cargo, Y was under the immediate control of the respondents, in the sense that they could tell him which boxes to load and where to place them, but they had no power to tell him how to manipulate the controls of the crane. The House of Lords had to decide whether it was the appellants or the respondents who were vicariously liable for Y’s negligence, and the answer to that question depended upon whether he was the respondents’ or the appellants’ servant at the time of the accident. HELD: – The House of Lords held that the driver remained the servant of the Board and thus the appellants were vicariously liable.Lord Port er said that in order to make the respondents liable, it was not sufficient to show that they controlled the task to be performed: it must also be shown that they controlled the manner of performing it. And, ‘where a man driving a mechanical device, such as a crane, is sent to perform a task, it is easier to infer that the general employer continues to control the method of performance, since it is his crane and the driver remains responsible to him for its safe keeping’. These principles were applied in the Bahamian case of Joseph v. Hepburn (1992) Supreme Court, The Bahamas, No 762 of 1989 (unreported). H engaged an independent contractor, S Ltd, to clear his land of bush.In the course of clearing the land, A, a tractor driver employed by S Ltd, encroached upon the plaintiff’s adjacent land and destroyed a number of fruit trees. The main issue in the case was whether S Ltd, as general employer of A, was liable for A’s tort, or whether, as S Ltd alleged, the responsibility for the tort had been shifted to H as special employer. The contractual arrangement between H and S Ltd showed that H had identified the general area in which work was to be done and S Ltd arranged for its project manager to accompany H to the site to see what was required. S Ltd had delegated the tractor driver, A, to take instructions from H, but A’ wages were paid by S Ltd.HELD: – Thorne J said that whether A was to be regarded as the servant of the general employer, S Ltd, ‘or whether he became pro hac vice the servant of his particular employer [H] is a question of fact and depends upon an interpretation of the agreement made between [S Ltd and H]’. His Lordship held that S Ltd had ‘failed to discharge the heavy burden on it to shift to [H] its prima facie responsibility for the acts of the driver, and so [A] remained the servant of [S Ltd]. ‘What was transferred was not the servant but the use and benefit of his workâ⠂¬â„¢. Thorne J ultimately held that H had been negligent in his failure to give clear instructions to A with respect to the extent of his boundaries, and S Ltd was entitled to recover from H 10% of the damages that it was liable to pay to the plaintiff. COMMISSION OF A TORT BY THE SERVANTFor the master to be vicariously liable, the plaintiff must first prove the commission of a tort by the servant. As Denning LJ explained†¦to make a master liable for the conduct of his servant, the first question is to see whether the servant is liable. If the answer is ‘yes’, then the second question is to see whether the employer must shoulder the servant’s liability. In other words, vicarious liability of the master arises only on the primary liability of the servant. RES IPSA LOQUITOR Sometimes, it may be difficult or impossible to prove affirmatively which one of several servants was negligent. As far as the liability of hospitals is concerned, it was established in Ca ssidy v.Ministry of Health that, where the plaintiff had been injured as a result of some operation in the control of one or more servants of a hospital authority, and he cannot identify the particular servant who was responsible, the hospital authority will be vicariously liable, unless it proves that there was no negligent treatment by any of its servants; in other words, res ipsa loquitor applies. In the absence of authority to the contrary, there seems to be no reason why this principle should not apply to other master/servant relationships. THE COURSE OF EMPLOYMENT/SCOPE OF EMPLOYMENT An employer will only be liable for torts which the employee commits in the course of employment. There is no single test for this, although Parke B famously stated in Joel v Morison (1834) 6 C&P 501 at 503, that the servant must be engaged on his master's business, not ‘on a frolic of his own’. A tort comes within the course of the servant’s employment if: 1. t is expressly or impliedly authorised by his master; or 2. it is an unauthorised manner of doing something authorised by his master; or 3. it is necessarily incidental to something which the servant is employed to do. Although this definition is easy enough to state, the second and third circumstances in particular have proved to be very difficult to determine in practice, and it is now accepted that the question of whether a servant’s act is within the course of his employment is ultimately one of fact in each case. Some relevant factors which the courts take into account when considering the question include: 4. Manner of doing the work the servant was employed to doA master will be liable for the negligent act of his servant if that act was an unauthorised mode of doing what the servant was employed to do. The classic example is: Century Insurance Co Ltd v. Northern Ireland Road Transport Board There, the driver of a petrol tanker, whilst transferring gasoline from the vehicle to an under ground tank at a filling station, struck a match in order to light a cigarette and then threw it, still alight, on the floor. HELD: – His employers were held liable for the ensuing explosion and fire, since the driver’s negligent act was merely an unauthorised manner of doing what he was employed to do. Beard v. London General Omnibus Co [1900] 2 QB 530The employers of a bus conductor who took it upon himself to turn a bus around at the terminus and, in so doing, negligently injured the plaintiff, were held not liable because the conductor was employed to collect fares, not drive buses, and his act was entirely outside the scope of his employment. 5. Authorised limits of time and place A relevant factor in determining whether or not a servant’s tort is within the course of his employment is the time or place at which it is committed. As regards time, where a tort is committed during working hours or within a reasonable period before or after, the court is more l ikely to hold the employer liable for it.Thus, in Ruddiman and Co v. Smith (1889) 60 LT 708, where a clerk turned on a tap in the washroom 10 minutes after office hours and forgot to turn it off before going home, his employers were held liable for the consequent flooding of adjoining premises. The use of the washroom by the clerk was an incident of his employment and the negligent act took place only a few minutes after working hours. As regards the place where the tort is committed, a difficult question which has frequently come before the courts is whether a driver/servant is within the course of his employment where he drive negligently after making a detour from his authorised route.The principle to be applied in these cases was laid down by Parke B in Joel v. Morrison (1834) 172 ER 1338: If he was going out of his way, against his master’s implied commands, when driving on his master’s business, he will make his master liable; but if he was going on a frolic of h is own, without being at all on his master’s business, the master will not be liable. Whether a detour by the servant amounts to a ‘frolic of his own’ is a question of degree, and both the extent of the deviation and its purpose will be taken into account. Dunkley v. Howell (1975) 24 WIR 293 R was employed to drive Mrs W in the defendant/appellant’s car to May pen and thereafter to Mrs.W’s home at Mocho, where the car was to be garaged. On reaching May pen, Mrs. W remained there, but R drove the car to Thompson Town for his own private purposes. On his way back from Thompson Town, R negligently ran into the back of the plaintiff