Tuesday, May 5, 2020
Establishing Breach of Duty of Care-Free-Samples for Students
Question: Critically analyse the criteria used by the courts in determining whether there has been a breach of a duty of care under the law of tort. The file assessment task explains all the details pertaining the assignment.Recommended reading Occupiers Liability Act 1984 ,Occupiers Liability Act 1957 and file Topic over view II Breach of Duty. Answer: Introduction Tort can be best described as a civil wrong done, which causes harm, loss or injury to another person, as a result of the acts which the first person undertakes. There are different types of torts, but the most commonly discussed tort is the tort of negligence[1]. Negligence, being a tort, takes place in such cases where the acts or the actions of one person, say person X, results in another person, say person Y, getting injured. This injury could be harm or loss too, which caused to person Y. Further, this injury takes place due to the person X not undertaking such act in a careful manner, which a reasonable person in their place would have undertaken[2]. Furthermore, there is a need for the person Y to be harmed, at loss, or injured in such a manner, which was substantial and resulted directly due to such acts undertaken by person X. Where this does not happen, a case of negligence would not be upheld, due to lack of direct causation, and remoteness. Apart from this, there are vari ous other requirements which can make a claim of negligence unsuccessful[3]. When the steps required for making a case of negligence are taken into consideration, the very step comes out to be the presence of duty of care. It is crucial for a case to progress under negligence to show that the duty of care was owed by person X to person Y. Without this, a case of negligence cannot move forward, and is a substantial aspect. Even more important is to show that this duty of care had been breached[4]. This discussion is focused on critically analyzing the criteria which the courts make use of, where they have to determine the breach of duty of care, under the common law and the statutory law. Breach of Duty of Care As has been touched upon in the introductory segment, there are certain requirements for establishing a case of negligence in a successful manner. This involves showing the duty of care, its breach, resulting loss/ harm/ injury, causation, proximity, remoteness and reasonable foreseeability[5]. Each of these elements is analyzed on different criteria. The following parts would highlight the criteria used by courts, specifically in context of breach of duty of care under the common law, under the Occupiers Liability Act, 1957[6], and under the Occupiers Liability Act, 1984[7]. Common Law The tort of negligence is predominately decided under the common law. The decisions of the courts and the criteria set out in the precedents are made use of by the courts in deciding different elements highlighted above, which includes the breach of duty of care. The term breach of duty of care, as the name suggests, is the contravention of duty of care which person X owed to person Y, as a result of the acts being undertaken by them, having the possibility of resulting in a harm/ injury/ loss to person Y[8]. This breach takes place when the required standard of care is not deployed by person X while performing their actions. Further, a prudent person in place of person X would have undertaken such care when they would have undertaken such acts. This lack of taking the reasonable standard of care results in duty of care being violated. A key point in this context is to show that there was a clear and reasonable possibility of such harm/ injury/ loss taking place in terms of reasonabl e foreseeability of the loss[9]. To better shed light on the different criteria which the courts make use of there is a need to quote certain landmark or noteworthy cases. In order to establish that the duty of care had been breached, there is a need to apply the objectivity test. This is a common test used by the courts. The objective test provides that a certain level of expectation was there from person X which they have failed in meeting and which was as per the standards of a reasonable person. In Vaughan v Menlove[10], as a result of the poor ventilation, the haystack of the defendant caught fire. He had been warned regarding the possibility of such happening if he left the haystack and that too, a number of times. Using his best judgment, he argued that there was no foreseeable risk of fire. When the matter reached court, they held that the best judgment of the defendant had not been sufficient and that there was a need to apply the standards which a reasonable man would deploy. However, this test is not used strictly and is often varied depending on the particular situation of the case or based on the defendant of the case. For instance, in Condon v Basi[11], the court adopted the view that an amateur footballer was not expected to meet the standards of such footballers who were in the first division. In Blake v Galloway[12], the context of horseplay was at the centre of this case. Here, the judges held that a duty of care was only breached where the conduct of defendant amounted to high degree of careless or recklessness. When it comes to the professionals, the breach of duty of care becomes a bit stricter in approach by the courts. Basically there is an enhanced standard of duty of care on the professionals. The case of Wilsher v Essex Area Health Authority[13] saw the court stating that the standards of reasonable person applied to the professionals of that profession, even when such an individual was a trainee. In this case, the junior doctor was said to have the same standard of care as any qualified doctor. Again, in Nettleship v Weston[14], a breach of duty of care was found to be present where a learner driver failed in meeting the same standards as any reasonably competent qualified driver owes. There are certain cases where the opinion is divided in a profession, in context of the proper course of action which has to be undertaken in specific situations. When such a case takes place, Bolam v Friern[15] dictates that the defendant is not required to be treated in violation of the duty of care by choosing one body of opinion over the other. This case is famous for providing the Bolam Test. In this case, the doctor was not held to have breached his duty of care where he adopted the practices of reasonable body of medical men, which were skilled in their specific art. Where a man is held negligent just due to presence of contrary body of opinions, it would be unjust and unfair. To further clarify on this matter, there is a need to make reference to Bolitho v City Hackney Health Authority[16], where it was provided that the opinion had to be defensible and was required to be rooted in logic. This shows that the courts analyze the details of each case and adopt a holistic approa ch before giving any decision. Even a change in a needle could result in variations in judgment. The theme which is adopted by the courts is to uphold justice and to be fair to every party. This is the reason a lot of details are covered under the common law in context of upholding the breach of duty of care. In context of reasonable standards, the courts have not only clarified on normal cases and professional cases, but have also explained the difference in cases of children. For instance, in Mullin v Richards[17], the courts clearly provided that a child was not required or even expected to meet the standards which apply on a reasonable adult. The child, thus, had to be judged on the basis of the standards of a reasonable child, that too, of the very same age. There is again a variation adopted by the courts when it comes to the conduct of defendant which is affected by illness in upholding breach of duty of care. This is due to proper reasoning and again complies with the theme of dealing each case separately to uphold a sense of justice. For instance, in Roberts v Ramsbottom[18], the breach of duty of care was upheld just to make certain that the aggrieved party had been properly compensated. As against this, in Mansfield v Weetabix[19], the breach of duty of care was not upheld due to this case involving property damage, which could easily be covered through insurance. In the application of objective test for upholding breach of duty of care, there is a need to consider certain factors. The very first factor is the likelihood of harm. In Roe v Minister of Health[20], the courts held that the defendant was not expected to guard against such events which could not be foreseen. Bolton v Stone[21] is a leading matter in this context, which shows that a duty of care was not present towards Miss Stone due to the very low likelihood of harm and the defendant having taken all the requisite practical precautions in the situation which was present. Reasonability can be clarified through Haley v London Electricity Board[22] where the beach of duty of care was upheld as it was deemed as foreseeable that a blind person walking down the street would trip on a shovel kept at street where there was no appropriate protection. In case of a non-blind person, the decision would have been the reverse. The next requirement, as had been stated in introductory segment, is to show that the harm sustained has to be serious enough. In Paris v Stepney[23], it was upheld that a duty of care had been breached by not providing the requisite safety gear to Paris, where this resulted in Paris getting blind in the only good eye he had. Again, the mixing of criteria can be highlighted through The Wagon Mound No.2[24] where even with the low likelihood of harm, the breach of duty of care was upheld as a result of seriousness of harm being high. Latimer v AEC[25] puts down the requirement of cost of prevention, where a breach was denied due to reasonable precautions being taken by the defendant, cancelling out the need of shutting down the factor. Lastly, there is a need to analyze the utility of conduct of the defendant. In Watt v Hertfordshire[26], a breach of duty of care was not upheld where there was an emergency situation and the utility of conduct of defendant in life saving situation was seen to outweigh the need of taking requisite precautions. In case of lack of such life saving situation, the decision would have been just opposite. Occupiers Liability Act, 1957 This legislation is focused on imposing a common duty of care which the occupiers owe to the lawful visitors. The 1957 act covers the protected damages like death, damage to property and personal injury. As per this legislation, the invitees and the licensees are the lawful visitors and to these people only the common duty of care is owed[27]. The 1957 legislation also owes this duty to the ones who enter based on a contract[28], or those to whom the right of entering has been exercised based on the right having being provided through any law[29]. Under section 2(2) of this act, the common duty of care has been provided, which requires care to be taken at all cases where it has to be ensured that the reasonable care is taken when a visitor visits or enters the premises for the permissible purposes[30]. Again, as is found under the common law, this legislation also provides that the standard of care would vary in cases of children[31], or in cases where the occupier expects that their exercising this call would be appreciated and is guarded against the special risks which are ordinarily incident to it[32]. In case of child visitors, the court takes into account the childs age and the level of understanding which a child of that age is expected to have. In Titchener v British Railways Board[33], a breach of duty of care was not upheld, as the age of child was 15 years, where it was expected for them to be reasonable aware of the dangers of trespassing. As against this, there was a breach of duty of care upheld by the court in Jolley v Sutton[34] where the children were 14 years of age, and by not taking away an unsafe boat, there was a risk of children meddling with it, resulting in duty being breached. The breach of duty of care particularly in context of 1957 act could be explained through Taylor v Glasgow Corporation[35]. In this case, the two children went to a park which was open for public and were thus invited. A boy who was seven years old ate some berries, which were poisonous and died. There was lack of warning signs and the shrub was not fenced. This was seen as a breach of duty of care as it was seen that children would have reached for the berry as it was unprotected and the children were not warned. This was coupled with the protection that the defendant failed in providing the requisite protection to their occupiers. The court does not put the entire liability on the defendants in cases of children, and the role of parents is also analyzed. In Phipps v Rochester Corporation[36], the breach of duty of care was not upheld as the court upheld that the parents of five year and seven year old kids were required to accompany them. Often the warning signs or warnings are deemed as enough to discharge duty of care as was seen in Roles v Nathan[37]. However, in White v Blackmore[38], in context of section 2(4)(a) of the 1957 act[39], it was held that warning had to cover the danger which took place in the pertinent case. In Darby v National Trust[40], it was clarified that there is no need of warning the claimants regarding the obvious risk of harm. Occupiers Liability Act, 1984 The visitors which are not covered under the 1957 act can claim a duty of care being present under the 1984 act. In Revill v Newbery[41], it was clarified that this act gives protection even to the ones who break into the premises of an occupier with criminal intentions. Even though this can be seen as a harsh concept, it is used vigilantly by the courts and in majority with cases involving children as they are not aware of the dangers of trespassing. In Addie v Dumbreck[42], the duty was said to be not owed by the defendant. However, a divergent approach was adopted in British Railways Board v Herrington[43] by the judges in sense of justice. In this case, the court upheld the presence of duty of care on grounds of common humanity to trespassers, and the breach of this owed duty of care resulted in the defendant being made liable for the burns caused to the six year old boy. Section 1(3) of the 1984 act provides the situations which can give rise to a duty of care being owed by an occupier to the visitor[44]. This includes the awareness of danger on reasonable grounds; the grounds to believe that danger may be caused and that other person could come in vicinity of such danger; and that in case of such risk, there is a need to provide certain protection. The criteria laid down under this section has to be shown to be present when the duty of care is alleged to have been contravened as was stipulated through Donoghue v Folkestone Properties Ltd[45]. As is the case with common law, there is a need to deploy a standard of care as per section 1(4) of the 1984 act[46]. As is the case with the 1957 act, by the duty of care can be discharged by giving warnings or by discouraging the others from undertaking such risks as per section 1(5) of the 1984 act[47] and as had been seen under the case of Tomlinson v Congleton[48]. Conclusion Thus, on the basis of the discussion which had been covered in the previous segments, it can be concluded that the courts deploy a range of different factors in order to uphold that the duty of care which person X owed to person Y had been breached or not. The range of case laws discussed herewith highlighted that even a slight variation in two cases can result in huge variations, in terms of breach of duty of care being upheld or the same being denied. There are a number of common factors under the three distinctive laws discussed above, in considering the breach of duty of care. These include the need for upholding the presence of duty of care, followed by factors like significant damages, possibility of the risk of harm actually taking place, the reasonableness of acts undertaken by person in comparison to a prudent person, and the particular factors of the case, in terms of breach of duty of care accompanied by property damage or personal damage, the cases of children and the cas es of professionals, amongst the various other factors. There is a common theme of upholding sense of justice and fairness, and to consider each case in detail, in order to bring out the best result, particularly for the injured party. However, in doing so, the courts adopt a calculated approach, which even though can be cited as contradictory, but is actually based on reasonable grounds. All in all, this discussion presented a thorough analysis of the criteria adopted by courts in determining the breach of duty of care under tort law of negligence in a critical manner. Bibliography Primary SourcesCases Addie v Dumbreck [1929] AC 358 Blake v Galloway [2004] 3 All ER 315 Bolam v Friern [1957] 1 W.L.R. 583, 587 Bolitho v City Hackney Health Authority[1997] 3 WLR 1151 Bolton v Stone [1951] AC 850 British Railways Board v Herrington [1972] AC 877 Condon v Basi [1985] 1 WLR 866 Darby v National Trust (2001) 3 LGLR 29 Donoghue v Folkestone Properties Ltd [2003] EWCA Civ 231 Haley v London Electricity Board [1965] AC 778 Jolley v Sutton [2000] 1 WLR 1082 Latimer v AEC [1953] AC 643 Mansfield v Weetabix[1997] EWCA Civ 1352 Mullin v Richards[1998] 1 WLR 1304 Nettleship v Weston [1971] 3 WLR 370 Paris v Stepney [1951] AC 367 Phipps v Rochester Corporation[1955] 1 QB 450 Revill v Newbery [1996] 2 WLR 239 Roberts v Ramsbottom [1980] 1 WLR 823 Roe v Minister of Health[1954] 2 WLR 915 Roles v Nathan [1963] 1 WLR 1117 Taylor v Glasgow Corporation[1922] 1 AC 448 The Wagon Mound No.2 [1967] 1 AC 617 Titchener v British Railways Board [1983] 1 WLR 1427 Tomlinson v Congleton [2003] 3 WLR 705 Vaughan v Menlove (1837) 3 Bing NC 467 Watt v Hertfordshire [1954] 1 WLR 835 White v Blackmore [1972] 3 WLR 296 Wilsher v Essex Area Health Authority [1988] 1 AC 1074 Occupiers Liability Act, 1957 Occupiers Liability Act, 1984 Abbott K, Pendlebury N, and Wardman K, Business law (8th edn, Thompson Learning 2007) Gibson A, and Fraser D, Business Law (Pearson Higher Education AU 2013) Greene B, Course Notes: Tort Law (Routledge 2013) Lunney M, and Oliphant K, Tort Law: Text and Materials (5th edn, Oxford University Press 2013) Plunkett J, The Duty of Care in Negligence (Hart Publishing 2018) Steele J, Tort Law: Text, Cases, and Materials (3rd edn, Oxford University Press 2014) Turner C, Unlocking Torts (3rd edn, Routledge 2013) Mark Lunney and Ken Oliphant, Tort Law: Text and Materials (5th edn, Oxford University Press 2013) Jenny Steele, Tort Law: Text, Cases, and Materials (3rd edn, Oxford University Press 2014) Keith Abbott, Norman Pendlebury and Kevin Wardman, Business law (8th edn, Thompson Learning 2007) Chris Turner, Unlocking Torts (3rd edn, Routledge 2013) Andy Gibson and Douglas Fraser, Business Law (Pearson Higher Education AU 2013) Occupiers Liability Act, 1957 Occupiers Liability Act, 1984 James Plunkett, The Duty of Care in Negligence (Hart Publishing 2018) Brendan Greene, Course Notes: Tort Law (Routledge 2013) Vaughan v Menlove (1837) 3 Bing NC 467 [Condon v Basi [1985] 1 WLR 866 [Blake v Galloway [2004] 3 All ER 315 Wilsher v Essex Area Health Authority [1988] 1 AC 1074 Nettleship v Weston [1971] 3 WLR 370 Bolam v Friern [1957] 1 W.L.R. 583, 587 Bolitho v City Hackney Health Authority[1997] 3 WLR 1151 Mullin v Richards[1998] 1 WLR 1304 Roberts v Ramsbottom [1980] 1 WLR 823 Mansfield v Weetabix[1997] EWCA Civ 1352 Roe v Minister of Health[1954] 2 WLR 915 Bolton v Stone [1951] AC 850 Haley v London Electricity Board [1965] AC 778 Paris v Stepney [1951] AC 367 The Wagon Mound No.2 [1967] 1 AC 617 Latimer v AEC [1953] AC 643 Watt v Hertfordshire [1954] 1 WLR 835 Occupiers Liability Act 1957, s1(2) Occupiers Liability Act 1957, s5(2) Occupiers Liability Act 1957, s2(6) Occupiers Liability Act 1957, s2(2) Occupiers Liability Act 1957, s2(3)(a) Occupiers Liability Act 1957, s2(3)(b) Titchener v British Railways Board [1983] 1 WLR 1427 Jolley v Sutton [2000] 1 WLR 1082 Taylor v Glasgow Corporation[1922] 1 AC 448 Phipps v Rochester Corporation[1955] 1 QB 450 Roles v Nathan [1963] 1 WLR 1117 White v Blackmore [1972] 3 WLR 296 Occupiers Liability Act 1957, s2(4)(a) Darby v National Trust (2001) 3 LGLR 29 Revill v Newbery [1996] 2 WLR 239 Addie v Dumbreck [1929] AC 358 British Railways Board v Herrington [1972] AC 877 Occupiers Liability Act 1957, s1(3) Donoghue v Folkestone Properties Ltd [2003] EWCA Civ 231 Occupiers Liability Act 1957, s1(4) Occupiers Liability Act 1957, s1(5) Tomlinson v Congleton [2003] 3 WLR 705
Thursday, April 2, 2020
Obesity in Childhood
Table of Contents Introduction Aetiology of obesity Consequences of obesity Conclusion Works Cited Introduction Childhood obesity is considered as one of the top ten global health issues, due to the fact that childhood obesity prevalence is on a dramatic increase. Basically, the short-term problems of childhood obesity include respiratory morbidities and elevated cardiovascular risk factors.Advertising We will write a custom essay sample on Obesity in Childhood specifically for you for only $16.05 $11/page Learn More According to the World Health Organization, obesity is defined as ââ¬Å"abnormal or excessive fat accumulation that presents a risk to healthâ⬠(WHO, Para. 1). Hills, King and Byrne are on the view that the World Health Organization define overweight adults as having a body mass index (BMI) of 25kg/m2 or more and obese adults as having a body mass index of 30kg/m2 or more (Hills, King, and Byrne 11). Although there is less research on long-term health consequences of childhood obesity, evidence has shown that abnormalities attained at childhood level result in cardiovascular consequences at the on-set of adult obesity. In summation of the researches conducted, it has been found that over weight adolescents and children have a likelihood of attaining several heart disease risk factors and adult morbidities e.g. cardiovascular diseases (Hills, King, and Byrne 20). Nevertheless, obese children often suffer from diseases and develop depression. Aetiology of obesity Factors like diet, physical activity, and metabolic status are some of the major environmental factors that contribute to obesity, which are said to be a genetic trait influence (Hills, King, and Byrne 2). Diet: High fat and refined foods have been identified as major contributors to the obesity condition. In North America and Europe, it has been noted that fat and simple sugars account for more than half consumption and energy intake of refined grain that has replaced whole grains (Hills, King, and Byrne 2). Physical activity: physical activity among the youth has notably decline in recent decades. In addition, it is suggested that corresponding prevalence increase in obesity is the direct result of decline in physical activity (Hills, King, and Byrne 2). Consequences of obesity Depression: Evidence has shown that obesity is linked to mood disorders, low-self esteem, and depression in children. However, this relation is neither simple nor consistent due to variations noted in age, family context, gender, and duration of obesity (Davies, Fitzgerald, and Mousouli 73).Advertising Looking for essay on health medicine? Let's see if we can help you! Get your first paper with 15% OFF Learn More It is believed that obese children undergo social stigmatization caused by their body weight, leading to the children being dissatisfied with the image of their body hence causing depression and low self-esteem (Davies, Fitzgerald , and Mousouli 74). According to Martin, Volkmar, and Lewis (608), depressive symptoms have been noted in later childhood obesity. In spite of results and design of these studies differing, the linkage findings on depression to subsequent weight increase are consistent. Moreover, causality has been implied by the fact that the length of time o0f depression between the adulthood and childhood is a predictor of body mass index. It has also been found that the high rates of obesity can be reduced by treatment of depression in children successfully (Martin, Volkmar, and Lewis 608). Development of diseases: Obesity documentation shows that some of the diseases that one is likely to attain because of obesity are hypertension, dyslipidaemia, type 2 diabetes, and cancer. In addition, short-term consequences related to childhood obesity include respiratory morbidities and cardiovascular risk factors. These cardiovascular risk factors that characterize obesity at adulthood are due to abnormal ities at childhood. Moreover, studies have also indicated that obese children have a high risk of getting various coronary heart disease risk factors and different comorbidities (Hills, King, and Byrne 20). Conclusion Obesity is a health problem that has been categorized as a top 10-health issue by the world health organization. The obesity condition has been noted to be rapidly increasing globally at high rates, with eating habits, metabolic status, and physical activity being some of the causes that contribute to obesity. Moreover, an obese child can be assisted by successfully tackling issues like depression that an obese child has. Works Cited Davie Dale and Fitzgerald Hiram, Mousouli Vasiliki. Obesityin childhood and adolescent: Understanding development and prevention. British library. 2008. Web. Hills Andrew, King Neil and Byrne M. Nuala. Children, obesity and exercise: prevention treatment and management of childhood adolescent obesity. NY, Routledge. 2007. Web. Martin, Andr es, Volkmar, Fred and Lewis Melvin. Lewisââ¬â¢s child and adolescent psychiatry: a comprehensive textbook. PA, pine tree composition. 2007. Web.Advertising We will write a custom essay sample on Obesity in Childhood specifically for you for only $16.05 $11/page Learn More WHO. ââ¬Å"Obesity.â⬠Obesity. 2010. Web. This essay on Obesity in Childhood was written and submitted by user Ivy Juarez to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.
Sunday, March 8, 2020
The Real Economic Motives Behind the War on Iraq essays
The Real Economic Motives Behind the War on Iraq essays There has been much recent media attention given to the U.S plan to attack Iraq. The U.S government has made it clear that it will not stand by and let Iraq continue to harbor "weapons of mass destruction" and impede the progress of U.N weapons inspectors. What George W. Bush would have the world believe and what is actually the case in Iraq may be two very different things. The only country in the world, other than the U.S that believes that an attack on Iraq is acceptable is Great Britain. All others are opposed. So why is it that all other nations, most of which are members of the U.N, and advocate weapons inspections, are not willing to engage in a war with Iraq? Most nations believe there is not sufficient evidence to support Iraq as a threat. Iraq appears to be extremely co-operative with inspectors considering the controversy in the past. For example; in 1991 at the end of desert storm, the Iraqi government agreed to accept inspectors, believing that once it was established that Iraq posed no threat, the debilitating economic sanctions would be lifted. In Dec 98, the U.S pulled out the mostly U.S inspection teams because it was stated that Iraq was "not fully cooperating." In reality, of 423 inspections performed that month, only 5 "obstructions" occurred. These were either minor delays, or caused from attempts to inspect on religious holidays when facilities were closed. The U.S insisted however they were not co-operating and ended inspections. Less than 48 hours after the inspectors departed, the U.S began a bombing campaign known as Operation Desert Fox. In the three days following initiation of Desert Fox, the U.S and Britain dropped more than 1000 missiles on Iraq. Two weeks after the bombing, the U.S admitted that the inspectors had in fact been U.S intelligence agents who provided the bombing coordinates for operation Desert Fox. It appears that the U.S is fabricating motives to start a war with Iraq. Now with t...
Thursday, February 20, 2020
How social media affect out personal behaviour Annotated Bibliography
How social media affect out personal behaviour - Annotated Bibliography Example The publication analyzes the effect of the information technology provides an opportunity to change peoplesââ¬â¢ and organizationââ¬â¢s decision-making behaviour. Groups and organizations also make use of technology to enhance their decision-making, especially through the social media. The technologies may have a positive or negative effect on the users regarding the effectiveness of the decisions made through the social media. For example, organization managers may make marketing changes, which in turn results to poor decisions by the consumers of their commodities. Over reliance on the social media rather than the employing the experts opinion and facts have the possibility of making biased decisions. The article gives an overview of the impact of the social media and the Web 2.0 on how organizations, individuals, and groups make decisions regarding their ventures. The authors interact with other published work by analyzing various impacts of the social media on decision-making and the consequences of using the information on the social networks. The other ideas related to social media, such as blogging, video sharing through the YouTube, and Skype among others enrich the authorsââ¬â¢ information on the importance of the social media in decision-making. The main purpose of the publication is to educate and enlighten everybody, who views the internet on the importance of using the social sites for management reasons other than entertainment and socializing. The article clearly uses clear demonstrations to evaluate the importance of social media and several examples of the social media platform to enhance the clarity of the contents. The article is about psychological behaviours related to the social media published by Knowledge and Information Systems and addresses behaviours on the social media. The purpose of the article is to study the important world
Tuesday, February 4, 2020
Defeating Diabetes one step at a time- the Alpha Gamma Delta Essay
Defeating Diabetes one step at a time- the Alpha Gamma Delta Foundation - Essay Example According to the American Diabetes Association, nearly 23.6 million people representing 8% of population are diabetic which is increasingly becoming a cause of growing concern and hence in dire need of strong and prompt action. It is in the light of these facts that I intend to take up the cause and help make a difference to the society of which we all are a part of. The cause need to be popularized through media as well as through word of mouth, so as to cause awareness about this critical issue and touch the lives of millions of people worldwide by spreading the word. With a host of opportunities available today, especially with the growth of internet and its rising popularity among the young and the old alike, the cause could be conveniently propagated through blogs, social networking sites, video uploading sites, as well as through other forms of media such as T.V and news advertisements. In order to make a difference you need to have a vision ââ¬â a vision that inspires change. They say that you need to be the change you want to see and to suffice Iââ¬â¢d like to quote these lines: ââ¬Å"Maybe I will never be, All the things that Iââ¬â¢d like to be, Now is not the time to cry, Now is the time to find out whyâ⬠ââ¬â
Monday, January 27, 2020
Grocery market in UK
Grocery market in UK INTRODUCTION It is a fact that the last couple of years most of the industry and service sectors worldwide have lost their reliability on customers confidence. Fortunately, lately there have been some significant efforts by some industries mainly with the help of their major players (larger companies), to get back to the game. The industry sector that we are going to analyse is the food industry retailing in the United Kingdom. In order to help the simple reader to have a taste of what are the situations that occur inside the sector, we will provide some significant informations about the size of the sector, the general activities taking place in it, statistics and forecasts and generally as many informations as we can to help him understand whats happening inside the sector. Size of the grocery market in UK The calendar year 2009, the grocery markets value was à £146.3bn, an increase of 4.8% concerning 2008. For every à £1 of food and grocery expenditure , 52p goes for retail accounts for in every . 21p in every à £1 spent in food grocery is spent in convenience stores. Number of grocery stores in the UK The number of grocery stores in UK is 92,796. There are split into four main sectors, which are defined as followed : 1. Convenience stores: These are stores with less than 3.000 sq ft sales area. They are open for many hours during the day and their selling products that have at least eight different grocery categories, (e.g Co-operative Group, Londis, SPAR). Traditional retail: These stores have less than 3,000 sq ft sales area.This includes newsagents (selling confectionary, newspapers and tobacco), specialist off-licences,specialist grocers, food specialists (chains of bakers, health foods,butchers, etc.) and independent specialists. Hypermarket, supermarkets superstores: In this category, we have the Supermarkets which have sales area of 3,000-25,000 sq ft ,Superstores with sales area over 25,000 sq ft and Hypermarkets with over 60,000 sq ft sales area. All of them are selling a broad range and a variety of mainly grocery items. Non-food products are also sold in those stores (eg Tesco, Asda). Online channel: Here we have the category of sales via internet. We must mention the fact that approximately 70% of sales are made in superstores and supermarkets. The remainder majority is accounted by convenience retailing, with traditional small retailers that account for only 7% of sales. Table 1 provides a breakdown by category. Table 1 UK Grocery Retail Sales by Category, 2009 value % food and drink à £ 91.6 bn 62.6 % tobacco à £ 16 bn 11 % non-food grocery à £ 23.5 bn 16.1 % non-grocery à £ 15.2 bn 10.3 % Total retail sales through UK grocery outlets à £ 146.3 bn source: IGD Grocery Retailing 2009 As we can see from table 1, food and drink are by far the category that is consumed more by the public. What is really interesting and for that reason we provide Table 2 is the increase of non-food grocery category by the amount of à £6.5 bn (38%) from 2005 to 2009. It is also very important the fact that there has been a general increase of the total retail sales through UK grocery outlets by 21% in that period of time. UK Grocery Retail Sales by Category, 2005 value % food and drink à £ 78 bn 65 % tobacco à £ 12 bn 10 % non-food grocery à £ 17 bn 14 % non-grocery à £ 12 bn 10 % Total retail sales through UK grocery outlets à £ 120 bn source: IGD Grocery Retailing 2005 Value of sales Continuing the above, we add the fact that through grocery, outlets have increased by 3% per annum in real terms over the last 10 years. This growth reflects rising non-grocery sales and higher average spend (i.e. better quality or ââ¬Ëpremium food, more convenience purchasing etc). UK Grocery Market Performance Grocery market performance. Source: IGD Research 2009 As we can observe from the diagram above, year by year there has been an improvement on the UKs Grocery Market Performance. Some of the multiple reasons that we present here is first the fact that demand and technological trends have reinforced each other. Larger stores with a wider product variety and range have encouraged customers to make larger and less frequent shops. Also, the technological improvements (i.e. checkout scanning, stock control, longer shelf-lives, fresh produce) have further reduced the costs and attracted consumers. Loyalty card schemes have indeed given retailers a new insight into consumer preferences as well as managed to enable them to get more involved into product development. Aggregate Market Share The diagram below shows the larger groceries in UK, according to their share in the domestic market. Tesco currently has a steadily and commanding increasing of slightly more than 30 % share of the non-convenience grocery market in the UK. During the 1990s, Sainsbury and Tesco enjoyed analogous market shares (of 20 to 25 %), however Sainsbury has lost a lot of ground since. Number of employees Employment in food drink retailing exceeded the number 1.2 million of employees in December 2009. This number aproaches almost 5 % of the employees in the UK. Over 60 % of the employees were either part-time or female employees (45 % were both female as well as part-time occupied). Profit Margins Supermarket profit margins range typically between 2% and 6%. According to Food Industry News, (just-food.com, 2010), the beginning of 2010 for the UK grocery retailing group were much improved in comparison with last year. More accurately, there was a 4% rise on grocery sales in relationship with 2009. Group revenue from ABFs (Assosiated British Foods) continuing businesses was 17% ahead of the same period last year. The matrix below shows the sales and the profit margins for the year 2009 for the UK retailers. source: DTI Added Value Scoreboard 2009 Forecast Circumstances look set to remain really challenging for retail throughout 2010. Verdict is forecasting growth of just 1.3% for 2010, the second smallest growth rate, following 2009. Verdict is predicting a low growth in retail sector over the next couple of years, as the impact of the recession continue to be felt by customers. Food inflation continues to ease in Q1 2010, at 1.7%, compared to 8.9% in the same period a year ago. Inflationary pressures are subsiding due to falling commodity prices, less seasonal price fluctuations and price competition within the sector. In fact, we are forecasting food inflation of 1.9% for the year, down from 4.4% in 2009. Major Challenges Establishing an Online Grocery One of the major challenges that food retailing industry is dealing with nowadays is the online grocery market. The Internet grocery market is an extension of the home-shopping philosophy. It is a sector that has already demonstrated considerable growth and that promises further substantial increases in the future. Online grocery sales in the UK are expected to double by 2014, according to researchby industry analystsIGD (just-food.com, 2010). Internet sales across many product sectors have achieved and continue to achieve high annual growth rates in the UK. Indeed, consumers passion for and propensity towards purchasing items online show no sign of abating. Last year, 13% of adults shopped online for groceries an increase of 63% on 2008, according to the IGD data. UK consumers will spend GBP7.2bn on food and grocery shopping online by 2014, nearly double the figure for 2009, IGD supports. For retailers, the online option provides a new channel through which to sell their products, display a wide range of items to their customers and develop their share of what continues to be one of the fa stest-growing sectors of the grocery market. Internet grocery, offers to the consumer, a variety of options and a number of advantages: It enables them to view a wide range of products, to compare prices and to arrange delivery at a convenient time. From the moment that these options and these benefits are appeared to the consuming public, a necessity is created for the food retailing sector and more specific for the large supermarkets to respond to this major challenge. The Internet or online grocery market in the UK is dominated by four of the UKs major supermarket chains Tesco, Sainsburys, ASDA and Waitrose and by a fifth supplier, Ocado, which is a warehouse-based online operation and a partner distributor to Waitrose. Outside of these five major suppliers, the market is mainly populated by a wide range of niche, specialised retailers, many of which offer products that are not always available in the major supermarkets. Apart from the five leading online suppliers, no other supermarket chain in the UK operates in the online grocery market not even Morrisons, which is the fourth-largest supermarket chain by market share. The way UKs retailing sector and its marketers are responding to this major challenge, is -as we have just mentioned- by setting in the front line its Supermarket and hypermarket chains to create a profitable and competitive online grocery. Tesco, leading the online offers in the domestic market, provides a variety of benefits that the customer-member can enjoy. Visiting the companys site (www.tesco.com) we can find not only everything that is related with food-product variety and prices, but also a number of other services (non-food) like books and entertainment, clothing, mobiles and a number of banking and insurance services as well. This way, the consumer can be informed about any price of the product that he is interested on buying and calculate the exact total amount of money needed for his/her supermarket expenses, rather than making an off-hand calculation in the duration of his/her shopping. Also, the non-food services create the feeling of a complete market in which the con sumer can find almost everything. A similar approach is been followed by the other supermarkets too. Another innovative way that the British grocery has invented is the club-card. This card is provided to every customer-member of a specific supermarket, either by registering online or by simply asking to the supermarket to provide him/her one when he/she visits the supermarket for shopping. That way, every time the consumer buys a product, a small amount of money is been credited in his account with the form of points, and after a predetermined period of time -when a number of points is collected-, a letter arrives to his address informing him that he can exchange the number of points with a number of products depended on his decision (i.e. a voucher of 10 pounds for consuming products), or with a number of gifts that the supermarket has decided to provide (i.e. a T.V. set for each consumption of products, valued above 500 pounds ). Home delivery, is another very important benefit of services that the online grocery provides. Throughout a wide variety of products that the consumer can find on the web-site of every online grocery, he can order the desirable products and have them home delivered in an exchange of a small amount of money (usually 4-5 pounds). That way he can save a lot of time from going to the supermarket, waiting in the queue and carry all those bugs to his house. In addition, exclusive research commissioned for this report showed that 17.8% of all respondents purchased groceries via the Internet at least once in a year, with 3.8% making online purchases at least once a week and a further 2.4% making them two or three times a month. One in 20 respondents said they purchased groceries online once a month. However, almost a third of those who said they bought groceries via the Internet agreed that, due to the recession, they had reduced the amount they usually spent on online grocery purchases. The recent focus of the five major online grocers has seen them expand their distribution networks, improve their stock availability levels and enhance the functionality of their websites. However, in the current recession, other factors are now being given more attention particularly price competition between the sites, which is becoming increasingly important. In addition, environmental issues have become more significant. For example, the leading suppliers have introduced measures to reduce the number of plastic bags used for home-delivered orders and to use more fuel-efficient delivery vehicles. As at December 2008, the UK had the fifth-highest number of broadband subscriptions among the Organisation for Economic Co-operation and Development (OECD) group of countries (and the third-largest number among the European OECD countries). These high broadband connection rates have enabled the UK to become a leading centre for online sales in general, and for online sales of grocery products in particular. Plans have been outlined to construct a super-fast broadband network across the UK, and this should in turn allow the online grocers to develop new website designs and technologies in order to take advantage of such developments. Key Note forecasts that in the 5 years up to 2013, the UK Internet grocery market will continue to demonstrate high annual rates of market expansion and to account for an increasing proportion of grocery sales overall. The value of the Internet grocery market is projected to more than double by 2013, compared with the size of the market in 2008. Promoting Sales of Healthy Brands Another great challenge for the British food retailing sector -in order to maintain its position, its good reputation but also to increase it is to promote the sales of healthy strong brands. But what is a healthy strong brand and what are the key points for the marketers for energizing a healthy brand? A healthy and strong brand generates more results than just bigger sales. It sustains a product over time through consistency and excellent communication, providing at the same time value to its target customers. It is based on a proposition of genuine substance and value to the target customer. It wins, builds and retains customer loyalty and also maintains its relevance over time by evolving in response to changing customer expectations and perceptions. It creates a competitive advantage, increases the profitability of the business and also it is consistent with the business strategy. It provides a protective for growth strategies but also tries and most of the times succeeds to become a barrier for new entrants or substitutes to the market. Ways of succeeding some of the above goals we are providing to the following paragraphs. Trust is one of the drivers of brand credibility. Its an intangible that overrides the importance of any product, service or experience. Yet, as we have mentioned in the beginning (the latest years most of the industry and service sectors worldwide have lost their reliability on customers confidence), trust has eroded. In order for a company to gain customer trust is first of all to be simple and dont give great promises that could be proved untrue or impossible to be realised. Of course every promise must be kept. Going forward, trust is growing in importance, to become one of the most important and sustainable competitive advantages an organisation can own. If a brand and its marketers follow that strategy combining with being close to the customers, the long term affects could be unpredictably well. Adding value to the brand is in our opinion also a major factor to the sales promotion of a healthy brand and in order to achieve this we need what we call innovation. Imagining and creating new value requires seeing what others dont. In a food retailing sector, innovation could be achieved either by influencing or shaping the companys vision, or to inspire to come up with a new business concept, an entirely new venture, or a new brand. vale edo mia kainotomia ton supermarket morrisson. Other innovative ways could also be the addition of a new product, service or experience for a certain customer segment or the effort to speak the language of those consumers already ââ¬Å"livingâ⬠a trend so they can produce new products adjusted to the new trends and needs. The goal of any organisation is to create sustainable competitive differentiation, by providing to customers what they value and want in ways that others cant. One way to beat competition, according to Kim and Mauborgne in their book Blue Ocean Strategy, is to stop trying to beat the competition. Instead, create uncontested market space to create and capture new demand. Thereby, the competition becomes irrelevant. The classic example of creating a blue ocean (referenced in their book) is Cirque du Soleil. From a group of 20 street performers in 1984, Cirque is now a major artistic entertainment company delighting almost 90 million spectators a year. The company looked at traditional circus acts like Ringling Brothers and transformed them into ââ¬Å"Broadway meets artistic music and danceâ⬠experiences. While increasing customer value and ticket prices, they simultaneously eliminated the largest cost items of the circus, including the star performers and animal shows. This is an extremely good example of how health brand marketers managed to create an uncontested market space. Finally, we can support that the more you know about your customers as real people looking beyond their obvious needs to their hopes, dreams, fears and challenges the more you can help them achieve. In return, you will have customers who become enthusiastic fans of your organisation. The most significant method that should be used to achieve this is through the social media and its ways. Social media has really changed the way brands are connecting with their customers. More and more companies are starting to realize the value of social media and are quickly adapting this new form of communication. However in order to have a successful social media strategy, it is important to have an internal culture that is ready to accept and learn. Some effective ways to achieve social media method are the following: 1.Internal engagement. Internal engagement gives employees, the ones who power your brand, the chance to shine. One of the best examples is Best Buy Connect. Best Buy has been a brand at the forefront of social media, using blogs, social networking tools, forums, and video to build brand awareness and keep consumers up-to-date with Best Buy News. Best Buy has given people a platform to share and discuss technology and tech-related products. In this platform, someone can find ââ¬Å"Product Discussionsâ⬠and discuss topics like Computers, TV, Gaming, Appliances, Audio, Cameras, iPods, Mobile Devices and more. They also have a section for ââ¬Å"Customer Serviceâ⬠, ââ¬Å"Reward Pointsâ⬠, and ââ¬Å"Meet the Moderatorsâ⬠; who by the way take the time to make sure the forum is a stimulating environment where there are valuable conversations. 2. Collaboration. Another very important technique is to create mechanisms for customers to influence your products and services. The best example here is Dells IdeaStorm. Through this innovative website-idea of Dell the visitors-customers of the website can view all the posted ideas from the community, post their ideas for Dell products or services, promote or demote ideas by voting, or seen their ideas become a reality by sending them to authorised people of the company who examine them and if there are eligible they make them true. By surfing a little bit on the web-site, we found some amazing informations like that people who where participating to this web-site have contributed 11,790 ideas, theyve posted 84,546 comments and the site has been promoted 667,054 times. Most important, Dell has implemented 337 ideas based on customer input.This web-site provides a real contact with the customer. It is a web-site where everybodys ideas reign. 3. Authenticity. Hear we provide an excellent example where Mayo Clinic (One of the best clinics in the USA) keep their customers (old people in this specific example) happy by buying them a piano. In the video that we are referencing, someone can really see the happiness on their faces when the old couple is playing the piano. 4. Feedback. Some companies lately have created a site that really communicates with the customers. An expert daily replies to a number of customers through twitter or other similar methods where he really helps them with any kind of problems that they have or answer to any possible question. ComcastCares is a very good example to describe such a situation. 5. Participation. My Starbucks Idea is a web-site that Starbucks has created where they have pursuit their customers that they know better than anyone else what they want from Starbucks. There, people are able to share their ideas, express what they think of other peoples ideas and join the discussions. Finally experiences (create new ways of delivering experiences that fit with their lifestyles), conduit (allowing customers to share with each other through you rather than driven by you) and sharing (allow customers to share their ratings) are some supplementary methods that can be considered as effective ways to achieve social media method. Summary-Conclusion As we have seen so far, there has been a significant effort with a variety of ways -by the food retailing sector in Britain- to attract their customer confidence again. In our opinion, the approach that overrules every other method is the fact that the new strategy includes the customer as a real part of the organisation or the sector. This new era, sets the customer in the top of the pyramid making him the one who takes the basic decisions of what he really needs and giving then the green light to the companies to make it true. When people feel like they matter to the company, and when you engage them in ways they value and want, theyll matter more about you. This way, company and customers are acting no more individually and rivalry to each other. On the contrary, they move hand by hand on the same side of the river trying to accomplish the best outcome for both of them. Once again, the forecast predicts rise tade% until 2015 Finally, if the online grocery continuous this way, it will give more push to the top
Sunday, January 19, 2020
Frank Lloyd Wright :: essays research papers
Architecture, the practice of building design and its resulting products, customary usage refers only to those designs and structures that are culturally significant. Today the architecture must satisfy its intended uses, must be technically sound, and must convey beautiful meaning. But the best buildings are often so well constructed that they outlast their original use. They then survive not only as beautiful objects, but as documents of history of cultures, achievements in architecture that testify to the nature of the society that produced them. These achievements are never wholly the work of individuals. Architecture is a social art, yet Frank Lloyd Wright single handily changed the history of architecture. How did Frank Lloyd Wright change architecture? Ã Ã Ã Ã Ã Frank Lloyd Wright, American architect, who was a pioneer in the modern style, is considered one of the greatest figures in 20th-century architecture. Wright was born June 8, 1867, in Richland Center, Wisconsin. When he entered the University of Wisconsin in 1884 his interest in architecture had already acknowledged itself. The university offered no courses in his chosen field; however, he enrolled in civil engineering and gained some practical experience by working part time on a construction project at the university. In 1887 he left school and went to Chicago where he became a designer for the firm of Adler and Sullivan with a pay of twenty-five dollars a week. Soon Wright became Louis Sullivan’s chief assistant. Louis Sullivan, Chicago based architect, one of America’s advanced designers. Louis had a profound influence on Frank Lloyd Wright. Wright was assigned most of the firm’s home projects, but to pay his many debts he designed ‘Boo tlegged Houses’ for private clients in his spare time. Sullivan disapproved, resulting in Wright leaving the firm in 1893 to establish his own office in Chicago. In the spring of 1893 Wright decided to build his own house in Oak Park, Illinois. Taking six years to build, Wright was free to experiment with his objectives in residential architecture over the next twenty-year period. Designing and re-constructing his buildings was a continuous process. He always changed his designs. For twenty years this home served as an independent labatory for Wright. This too went under constant changes. Rooms were enlarged or added, ceilings heightened, the arrangement of the windows changed, and the entry route into the house was modified. Wright even allowed the growth of a willow tree to be uninterrupted by placing a hold in the roof of the studio.
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