Writing an abstract for an essay
Wednesday, August 26, 2020
Distributed Keeping Mind Skills Knowledge â⬠Myassignmenthelp.Com
Question: Talk About The Distributed Keeping Mind Skills Knowledge? Answer: Introducation The quality hypothesis of administration says that a pioneer must have those individual attributes or characteristics of that of an effective pioneer. There are sure qualities that an effective pioneer must have and in the event that they have those recorded characteristics, at that point they can turn into a fruitful pioneer. In any case, social hypothesis of administration implies that to be an effective pioneer it is their genuine conduct and activity that issues instead of any quality or attributes. It further says that incredible initiative quality is the result of useful job conduct. Therefore, both these speculations are very much grounded (Northouse 2015). Taking the case of an association called Profile worldwide in Australia measures on which associations put accentuation while choosing and creating viable pioneers can be clarified. Right off the bat, a pioneer should an amazing correspondence expertise where they should ready to tune in just as educate. Pioneers should be versatile and conform to any troublesome circumstance. They should have that individual relationship with their devotees so they can believe their pioneers and feel esteemed. Powerful pioneers have the expertise to create others and use the open doors for advancement and finally, pioneers must have a familiarity with their own improvement to direct their group for additional turns of events (Yukl 2012). In UK, the associations typically rouse their staffs by approaching them similarly and with deference. Each staff is applauded in open when they convey a decent work alongside criticisms that really help them to develop. The associations are in every case consistent with their morals so their representatives can lead by a model. In any case, they likewise support their staffs who never client their leaves to disappear, put stock in a no accuse culture, adaptability and they additionally persuades their staff by keeping the correspondence with their staffs open so their voices can get ears (Lazaroiu 2015). Then again, in Europe the inspiration methods that they use are to make their representatives realize that the workers are trusted to give their best to the organization. They set little objective consistently for their staffs to accomplish them, a reason for existing is set for the staffs to perceive the vision in a superior manner. Separately the staffs are persuaded instead of th e entire group. Prizes are given which depends on the criticisms of the works done. Be that as it may, they give their representatives to lead and make them see a greater image of how they are adding to the ultimate objective (Manzoor 2012). The ongoing film that I watch is Annabelle: Creation, which I went to see with my closest companion. I totally love the film, as I like watching blood and gore flicks. As per me, it had some good alarming scenes that made me skirt my pulse. While my companion imagines that it was bit moderate and in contrast with the first Annabelle, this part is less fulfilling. Notwithstanding, for me the executive really has how to keep up the pressure by utilizing quietness. It was not in the slightest degree moderate rather a secret, which was forming into something all the more unnerving. The on-screen characters made a splendid showing, which I believe is stunningly better than the past one. The explanation for this differentiating observation towards this film is certainly our disparities in interests, sex and convictions. These certainly assume a job in our recognition and decisions. Notwithstanding, my companions intrigue lies in a greater amount of activity related motion pictures in light of the fact that for him blood and gore flicks have the equivalent modest panics and is too clich. Conversely, my advantage lies in this sort of films and I have my confidence in negative powers or apparitions. Hence, I gigantically delighted in the film as it kept me strained, diverted and excited until the end. why dont group works like they should Truly, certainly the components that Hackman has distinguished are compelling for group execution. On the off chance that groups are little, at that point it gets simpler to screen them separately just as legitimate direction can be accomplished. Alongside the group, singular individuals must have all around characterized duties thus alongside bunch rewards people should likewise be remunerated for their exhibitions (Driedonks, Gevers and van 2014). Aside from what Hackman has just expressed, the other viable conditions for a viable group can be an unmistakable and continually reassuring objective, viable correspondence, appropriate observing of the exhibitions alongside significant and direct inputs. Mutual responsibility among the people ought to be there towards the hierarchical objective, the working atmosphere must improve cooperation among the staffs. Be that as it may, workers must have the unmistakable thought for a magnificent exhibition and in conclusion, association has its full help and acknowledgment for their representatives (West 2012). The realities that ought to be considered are the gathering advancement and another significant factor is partitioning the duty similarly among the laborers. When managing new workers it ought to be viewed as that, they should feel that they are a significant factor who is contributing viably. Hence, to empower them, works are to be similarly dispersed remembering their aptitudes and information. Agent force or keep it close Being the CEO the primary assignment ought to be of making a marketable strategy first which should plainly recognizes the crucial objective of the association. In this manner, I would have given the obligations of the board to my representatives, which incorporates planning the showcasing, bookkeeping and mechanical territories. Attention to being continually regulated really hampers the exhibition thus Parks must impart a cheerful relationship to her workers so an obligation of trust is made. She needs to cause them to understand that they are trusted with the duties that are given to them and their work has a significant impact in the associations development (Austin 2013). In todays business, it is an astute choice to give the tasks to the workers, not that full controls are to be given in incompetent hands yet rather to appropriate the charges to the confided in representatives. Administrators ought not part with all the rights but instead they should make the work done under their direction. The top officials should never assigned choices in regards to recruiting new representatives, order, applause and acknowledgments, inspiration, vision of the association and execution examinations. In any case, top administrators should never give their representatives the general duty since whatever occurs in the business the fault is on the top officials. The choices identified with the improvement of their prompt subordinates ought to likewise be limited to them (Pettigrew 2014). References Austin, R.D., 2013.Measuring and overseeing execution in associations. Addison-Wesley. Driedonks, B.A., Gevers, J.M. what's more, van Weele, A.J., 2014. Achievement factors for sourcing groups: How to cultivate sourcing group effectiveness.European Management Journal,32(2), pp.288-304. Lazaroiu, G., 2015. Representative Motivation and Job Performance.Linguistic and Philosophical Investigations,14, p.97. Manzoor, Q.A., 2012. Effect of representatives inspiration on hierarchical effectiveness.Business the executives and strategy,3(1), p.1. Northouse, P.G., 2015.Leadership: Theory and practice. Sage distributions. Pettigrew, A.M., 2014.The governmental issues of hierarchical dynamic. Routledge. West, M.A., 2012.Effective collaboration: Practical exercises from hierarchical examination. John Wiley Sons. Yukl, G., 2012. Powerful initiative conduct: What we know and what addresses need more attention.The Academy of Management Perspectives,26(4), pp.66-85.
Saturday, August 22, 2020
Marketing Principles for Calm Drink - Free Samples to Students
Question: Examine about the Marketing Principles for Calm Drink. Answer: Presentation: The accompanying report is going to compactly explain the promoting dispatch of another item that is quiet beverage. XYZ Company has been wandering the showcasing plan so as to put the patch up plan into impact. It has unmistakably been comprehended that the worldwide market of caffeinated drink has been losing its adequacy along these lines offering approach to various types of soda pops. The difference in market and shopper conduct relating to the caffeinated drinks like Red Bull, Rockstar, Monster and others has been used without limit and another advertising intend to draw in the clients towards the quiet beverages has been considered. The accompanying report is delving to investigate the subtleties of the item levels, the customer conduct relating to the utilization of quiet beverages, post deals administration arrangement, the three layers of the item, all out item idea, item characterization, brand particular, brand techniques and advertising blend. The item has a place with the drink business. XYZ Company has thought of a soda pop that is actually the juxtaposition to the caffeinated drink. Quiet beverage contains fixings, for example, magnesium powder. It is a carbonated drink that doesn't permit over does of caffeine materials. The items have against pressure specialists, for example, valerian root tea. As examined in the executive gathering, it has been concluded that the item would imagine the name: Sage-Star. In view of the item measures the name has been evenhandedly confined for this specific one. The item name infers the qualities attribute of the beverage that would make a positive impression to the clients. picked item doesn't infer present deals administration on the clients, it doesn't have any additional incentive to it. Henceforth, no expanded layer will be material or considered in the event of Sage-Star. In any case, Sage-Star will make its own increased layer by offering the client keep in touch with the administration place relating to the complaints they have. The grievances in regards to the quality or bundling of the item should be held up to the separate clients administration focus. For this situation the enlarged item lies as client assistance arrangement. Marking of the Product: The marking of the item relies upon the development of the market in a specific territory. It has various types of showcasing procedures. Marking has various offices as it recognizes the item from the market rivalries. The brand name gets representative after the achievement of a specific item (Leonidou, Katsikeas and Morgan 2013). If there should be an occurrence of hang Stars, the marking has been very successful and it will establish the potential methods of the item portrayal. Item marking encourages the item in the accompanying manners: Regarding the item showcasing the marking helps viably. The distinguishing proof of Sage-Star is set to pioneer quiet drink refreshment. Rehash deals would happen after the effective first period of showcasing of the item. New-item deals would be considered after the acknowledgment and distinguishing proof of the present market status. While marking, the organization would take well mind of the brand devotion that it ought not annihilate the positive client impression. Connection between the client and the item would be considered as the brand steadfastness and the organization will invest energy not to lose the current bond between the clients and the brand (Huang and Sarigll 2014). End: Having comprehended the method of the picked showcase, it can unmistakably be expressed that the advertising strategy of Sage-Star will be compelling from a specific time as it needs to comprehend the detail of buyer conduct and to the purchaser responses to the utilization of the quiet beverages. There are different factors also with respect to the market rivalry and new passage method of the item. Every one of these standards should be contemplated in order to continue with the promoting of the item. Reference: Huang, R. what's more, Sarigll, E., 2014. How brand mindfulness identifies with showcase result, brand value, and the advertising blend. InFashion Branding and Consumer Behaviors(pp. 113-132). Springer New York. Leonidou, C.N., Katsikeas, C.S. what's more, Morgan, N.A., 2013. Greening the showcasing blend: do firms do it and does it pay off?.Journal of the Academy of Marketing Science,41(2), pp.151-170. Solomon, M.R., Russell-Bennett, R. what's more, Previte, J., 2013.Consumer conduct: Buying, having, being. Pearson Australia.
Friday, August 21, 2020
Top 10 Tips for Communicating With Us No.5 When leaving a voicemail, speak slowly and state your telephone number twice COLUMBIA UNIVERSITY - SIPA Admissions Blog
Top 10 Tips for Communicating With Us No.5 When leaving a voicemail, speak slowly and state your telephone number twice COLUMBIA UNIVERSITY - SIPA Admissions Blog Updated: March 2016 This is the fifth entry in our âTop 10? list for you to consider when communicating with our office and applying. Number 5 â" When leaving a voicemail, speak slowly and state your telephone number twice As much as we would like to answer every call someone makes to our office, sometimes all of our lines are in use, and you will be put through to voicemail. Also, sometimes there is static or background noise, and we may not be able to clearly hear your message. Speaking slowly and stating your telephone number twice will help ensure that we can get back you. Our recommendation is actually to email our office rather than leave a voicemail. We can check email much more quickly and can provide very detailed information in email messages. And we do not have to worry about time zones (see bonus tip below). Also, if you are a current or incoming student, please give all identifying information, especially your University ID (UNI) or CUID. It is difficult to follow up on a financial aid query that is specific to you without this information. Going back to tip No. 1, we also recommend using the same email address each time you contact us. It is also helpful to compile a list of questions prior to calling our office and after checking the website. We can work with you to answer all of your questions but the process is often more streamlined if you know beforehand what information you are looking for. Bonus Tip: If leaving a voicemail message, also state your city and country (for time zone purposes). We get applications from over 100 countries each year, and people call from all over the world. Stating your location will assist us, however this is another reason we recommend email â" we can respond any time and possibly will not wake you when calling at what may be business hours for us, and sleeping hours for you.
Sunday, May 24, 2020
Louisiana Serial Killer Ronald Dominique
Ronald J. Dominique of Houma, LA has confessed to murdering 23 men over the course of nine years and dumping their bodies in sugarcane fields, ditches and small bayous in six southeast Louisiana parishes. His reason for killing? He did not want to return to jail after raping the men. The First Victims In 1997, authorities found 19-year-old David Levron Mitchells murdered body near Hahnville. The body of 20-year-old Gary Pierre was found in St. Charles Parish six months later. In July 1998, the body of 38-year-old Larry Ranson was found in St. Charles Parish. Over the next nine years, more bodies of men ranging in age from 19 to 40 would be found dumped in sugarcane fields, desolate bayous, and ditches in remote areas. Similarities in 23 of the murders lead investigators to suspect the men were victims of a serial killer. The Task Force A task force made up of nine South Louisiana parish sheriffs offices, the Louisiana State Police and the FBI were formed in March 2005, to investigate the murders. Investigators knew the 23 victims were mostly homeless men, many who led high-risk lifestyles, which included drug use and prostitution. The victims had been asphyxiated or strangled, some raped and several were barefooted. The Arrest After receiving a tip, authorities armed with forensic evidence, arrested Ronald Dominique, 42, and charged him with the murder and rape of 19-year-old Manuel Reed and 27-year-old Oliver Lebanks. Just days before his arrest, Dominique had moved from his sisters home into the Bunkhouse shelter in Houma, LA. Residents of the home described Dominique as odd, but no one suspected he was a killer.ââ¬â¹ Dominique Confesses to 23 Murders Soon after his arrest, Dominique confessed to murdering 23 southeast Louisiana men. His tactics in capturing, sometimes raping then murdering the men was simple. He would lure homeless men with the promise of sex in exchange for money. Sometimes he would tell the men he wanted to pay them to have sex with his wife and then show a picture of an attractive woman. Dominique was not married. Dominique then led the men to his home, asked to tie them up, then raped and eventually murdered the men to avoid arrest. In his statement to the police, Dominique said the men who refused to be tied up would leave his home unharmed. Such was the case with one unnamed man who reported the incident to the task force, a tip that eventually led to Dominiques arrest. Who Is Ronald Dominique? Ronald Dominique spent much of his youth in the small bayou community of Thibodaux, LA. Thibodaux sits between New Orleans and Baton Rouge and is the type of community where everyone knows a little about each other. He attended Thibodaux High School where he was in the glee club and sang in the chorus. Classmates who remember Dominique say he was ridiculed for being homosexual during his teen years, but at the time he never admitted he was gay. As he got older, he seemed to live in two worlds. There was the Dominique who was helpful to his neighbors in the small trailer parks where he lived. Then there was the Dominique who cross-dressed and did bad impersonations of Patti LaBelle at the local gay club. Neither world embracedà him, and among the gay community, many remember him as someone who was not particularly well liked. Through most of his adulthood, Dominique struggled financially and would end up living with his mother or other relatives. In the weeks before his arrest, he was living with his sister in a single-wide trailer. He was suffering from declining health, having been hospitalized for a severe heart condition and forced to use a cane to walk. Outwardly, there was side to Dominique who enjoyed helping people. He joined the Lions Club just months before his arrest and spent Sunday afternoons calling out Bingo numbers to senior citizens. The membership director said he was well liked by everyone he had met through the Lions Club. Maybe Dominique had finally found a place he felt accepted. What sparked Dominique to move from the comfort of his sisters home to the dismal surroundings of a shelter for the homeless is uncertain. Some suspect the family grew uncomfortable by the 24-hour police surveillance and Dominique, knowing he was soon to be caught, moved away to avoid getting his family involved in his arrest. A Criminal History Dominiques past arrests include forcible rape, disturbing the peace and telephone harassment. Feb. 10, 2002 - Arrested in Terrebonne Parish after he allegedly slapped a woman during a Mardi Gras parade. According to the reports, Dominique accused a woman of hitting a baby stroller in a parking lot. The woman apologized, but Dominique continued to verbally assault her, and then slapped her across the face. He was arrested but entered a parish offenders program instead of standing trial. Reports show he met all his conditions in the program in October 2002.May 19, 2000 - He received a summons to appear in court on disturbing the peace charges. Since it was a misdemeanor, he was able to plead guilty and pay a fine to avoid appearing in court.Aug. 25, 1996 - Dominique was arrested on forcible rape charges and booked on a $100,000 bond. According to neighbors, a partially dressed young man escaped from the window of Dominiques home in Thibodaux, screaming that he had tried to kill him. When the case was brought to court, the victim could not be found to testify. In November 1996, the judge continued the case indefinitely.May 15, 1994 - Arrested and charged with driving while intoxicated and speeding.June 12, 1985 - Arrested and charged with telephone harassment. He pleaded guilty, paid a $74 fine and court costs. Three days after Dominiques arrest for killing Mitchell and Pierre, investigators said Dominique confessed to 21 other murders, giving details only the killer would know.
Thursday, May 14, 2020
SOCIAL ENQUIRY METHODS assignment 1 - 944 Words
SATA FAHNBULLEH SOCIAL ENQUIRY METHODS ASSIGNMENT 1: RESEARCH METHODS If you wanted to examine young peopleââ¬â¢s experiences of homelessness, would you use qualitative methods, quantitative methods or a mixed methods approach? Explain your answer. Brief definition of homelessness The Australian Bureau of Statistic (2012) defines ââ¬Ëhomelessnessââ¬â¢ based on a conceptual framework centred around three core elements. These include adequacy of the dwelling; security of tenure in the dwelling and control of and access to space for social relations. From this stance, homelessness defined as is a stateâ⬠¦show more contentâ⬠¦By interacting with participants in their natural setting makes the data collection process interactive. A second reason why qualitative method is appropriate for investigating this question is that it gives the researcher the opportunity to serve as instrument for collecting data either by examining previous or current documents on the issue, observing the behaviour of participants or by interviewing the Creswell (2009, pp.175-6). This points out that the researcher is immersed and in direct contact during the data collection. Thirdly, qualitative research approach is appropriate for investigating young peopleââ¬â¢s experiences of homelessness because it provides researchers with multiple forms of data such as interviews, observations, and documents (Creswell 2009, pp.175-6). The benefit for having multiple data sources if that researchers have the opportunity to review all of the information, make sense of it and organize it into categories that cut across all of the data sources (Creswell 2009, pp175-6). A fourth reason why qualitative research method is appropriate for this investigation is because it requires of the researchers to remain focused on the meaning that the participants hold about the issue rather than the researchers bringing their own understanding of the problem (Creswell 2009, pp.175-6). Finally, the qualitative approach is appropriate for theShow MoreRelatedBsbwor501B Assignment 1 - Fynntown City Personal Development Plan4906 Words à |à 20 Pagesdiscretion to re-assess the entire assessment should it be demonstrated an overall understanding of this unit has not been achieved. Students that are assessed ââ¬Å"satisfactoryâ⬠after re-assessment of areas deemed NS will achieve competency for this assignment. |I acknowledge the assessment process has been explained and agree to undertake assessment. I am aware of Careers Australiaââ¬â¢s appeals | |process, should the need arise. I also understand that I must be assessed as ââ¬Ësatisfactoryââ¬â¢Read MoreSony Company : The Company1727 Words à |à 7 Pagesknow about the organisation to find out the current position in market as well as understand all the facts of the organisation. The main goal of the study is to conduct a survey to find the weaknesses and threats of the organisation to complete the assignment. The survey I will consist Quantitative questions, to let the customers talk about in depth of any issues they may have on the products and pricing issues and also for Sony services which would also provide me as much answers as possible. 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I will consider how the curriculum document structures how teachers should teach, and also what types of learning theories and teaching approaches might support the teacher in delivering the curriculumRead MoreThe Objectives Of Instruction Layout1412 Words à |à 6 Pagesof educational purposes The essential level incorporate the longings of the overall population. What changes does the overall population foresee from the graduated individuals with respect to administrative issues, money related status and in the social structures? The accompanying order is the on the destinations that ought to be expert by different affiliation. 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Digital technology is so thoroughly merged into our everyday lives that being less connected is nearly unimaginable. But how exactly has this digital revolution affected the way we conduct health care? We are in the centre of a nationwide integration of digital technology and health delivery via the electronic health record (EHR). It is hoped that we will have a nationwide EHRRead MoreGlobal Expansion Of Southwest Airlines And Airtrans Airlines1683 Words à |à 7 PagesAirlines and AirTranââ¬â¢s Airlines is this transaction is one of the fastest and easiest ways to grow a company. The merger will gain leadership among the airline industry where they are able to compete with larger airlines. Human Resources stafferââ¬â¢s assignments will grow. This unification of companies will allow them to be able to give their due diligence on hard and soft issues, learn how to retain talent employees, and learn to execute a systematically understanding of how to manage people issues. 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Wednesday, May 6, 2020
Birth Order and Its Efects on Personality - 1048 Words
Birth order Have you ever wondered why you and your siblings never get along, or why you are so different? I wondered the same thing until I read an article about birth orders effects on personality. This had to be why she had never spent an hour away from my parents and I havent willingly been within thirty feet of them since I was six, Why I love to read well above my grade level and my sister, a sixth grader, reads mainly Captain Underpants books when not glued to the T.V. and why we are a similar as oil and water. Before I start explaining what birth order does I want clarify exactly what it is. When I said birth order I know at least one person, probably more thought of something similar to astrology. In some ways theyâ⬠¦show more contentâ⬠¦Your specialty is making people laugh and you are often an extreme chatterbox. you, as the youngest, love to be noticed. Unfortunately you tend to get bored quickly and have a short attention span. you also have a strong fear of rejec tion. As the family jester many of the famous youngest children are comedians. People such as Drew Carey, Jim Carey, Eddie Murphy, Rosie ODonnell, and Whoopee Goldberg are all the youngest in their family. There has been a lot of conflict about whether or not birth order has any impact on intelligence. Those who say that there is a connection between birth order and intelligence say that intelligence is lower in large families and that the youngest children in these family had the lowest IQ. A the raven test which was administered by researchers Belmont and Marolla showed that scores decreased as family size increased and that younger children had a lower score than there older siblings. Those who disagree say that intelligence is hereditary and parents with low IQ are the ones that have large families. This theory, Like all the others I have presented are open to exceptions, both of my parents are from large families, my mother having 4 older siblings and my father having 6 older a nd 1 younger siblings, Not only are they both intelligent people but they also only had two children my sister and me. While birth order may provide a lot of information about aShow MoreRelatedEssay on birth order and its efects on personality1047 Words à |à 5 Pages Birth order Have you ever wondered why you and your siblings never get along, or why you are so different? I wondered the same thing until I read an article about birth orders effects on personality. This had to be why she had never spent an hour away from my parents and I havenââ¬â¢t willingly been within thirty feet of them since I was six, Why I love to read well above my grade level and my sister, a sixth grader, reads mainly Captain Underpants books when not glued to the T.V. and why we are a similar
Tuesday, May 5, 2020
Tort Law Civil Liability Act
Question: Discuss about theTort Lawfor Civil Liability Act. Answer: Introduction The provided scenario mainly deals with the tort of negligence and its defense which is Contributory negligence. The tort occurs when one person is injured due to a negligent action of another person. This paper identifies the issue of the provided scenario, discusses the relevant rules in relation to the scenario through case laws and statutory provisions and then applies them to the facts of the scenario to come to a justified conclusion. The main issue which has to be determined in this case is whether Anna is eligible to make a successful claim against Trevor for the tort of negligence and if yes to what extent can damages be provided for her. For the purpose of the study Anna is the plaintiff and Trevor is the defendant. When a person has a duty of care towards another person and harm is caused to him due to the act or omission on his part he is liable for the tort of negligence. However the act or omission should be such that the reasonable man would have taken proper precautions for them. In order to analyze that whether the tort of negligence has been caused or not three main essential of negligence has to be determined. In addition in order to determine the damages which have been caused to the aggrieved party the remoteness of the harm along with the contribution of the aggrieved person himself towards the injury has to be determined. The three main elements constituting the tort of negligence are The duty of care The breach of duty of care Causation These three components of the tort of negligence had been provided by the landmark British case of Donoghue v Stevenson 1932 where the court ruled that the defendant was negligent when a snail was found in the beverage manufactured by him and the manufacturer had a duty of care towards all its consumers. The concept was brought to Australia through the case of Grant v The Australian Knitting Mills[1935] UKPC where the court confirmed the decision of the previous case and brought the concept into the Australian legal system. First Element: Duty of Care The duty of care in Australia is determined in a different way as compared to that of the United Kingdom according to which the element of proximity is essential. In Australia the court first determines that whether the present case is similar to any other case where the duty of care has been established. This principle had been provided by the case of Perre v Apand(1999) 198 CLR 180, 217. If this is not the case than the court determines through the application of the salient feature test as provided by the same case that whether the defendant owed a duty of care to the plaintiff or not. The features which are analyzed by the court through the application of this test are Whether or not the imposition of such a duty would deprive the defendant of a legitimate pursuit or protection with respect to business or social interest Whether or not the imposition of duty would lead to unfairness and unreasonable burden on the defendant The degree to which the plaintiff was vulnerable because of the actions of the defendant that is the ability of the defendant to protect the plaintiff The extent of knowledge possessed by the defendant in relation to the magnitude or probability of harm caused to the plaintiff The Civil Liability Act 2002 provides provisions which have to be satisfied in order to establish a duty of care through its Section 5B and 5C. According to Section 5C the person can be held to be negligent if the harm caused to another person was foreseeable by him, the harm caused was significant and a reasonable person would have taken more precautions in similar circumstances to avoid the injury. The court further determines whether a reasonable person would have taken more precautions in the same circumstances by analyzing the probability of the harm if proper precautions were not taken, the extent of seriousness in relation to the harm, the burden of taking care to prevent the risk of injury and the activitys social utility from which the risk of injury is created. Second Element: Breach of Duty of Care The duty of care is said to be breached when the person owing such duty fails to take reasonable care through an act or omission which causes injury to the plaintiff. The breach of duty of care can also be analyzed through the application of the objective test as provided by the case of Vaughan v Menlove(1837) 3 Bing. N.C. 467. According to the objective test the defendant has to satisfy the standard of a reasonable person in similar circumstance. In the case of Wilsher v Essex[1988] 1 AC 1074 the court ruled that if the defendant in question is a professional than the stated of reasonability would be determined according to the general practice of the profession. Third Element: Causation Causation is the final element which constitutes the tort of negligence. Causation in generally analyzed through the application of the but for test as provided by the case of Barnett v Chelsea Kensington Hospital[1969] 1 QB 428. According to this concept the cause of the harm is determined by analyzing that the harm would have been occurred or not if the act or omission was done or not by the defendant. In this case the doctor had failed to comply with its duty of care in relation to treating the patient. It was evident that the patient would die irrespective of the fact that the treatment was provided to him or not. The patient ultimately died and the court held that the doctor cannot be held for negligence as it was not the cause of injury. Defenses: Contributory Negligence Contributory negligence is the concept through which the court determines the damages to be paid to the aggrieved person. If a person had been involved himself through a contribution towards the harm caused to him the court in this case may allow damages considering the extent of the contribution made by the person himself. The concept is often used against the claim of negligent made against the defendant. In the case of Parlin v Choiceone Pty Ltd [2012] the court had to decide whether negligence had been caused or not. The trial court in this case ruled that the defendant was negligent in this case and awarded damages to the plaintiff. The court of appeal found that the plaintiff had contributed towards the harm caused to him and reduced the penalty paid by the defendant by 20%. The concept of contributory negligence had been provided by the English case of Pennington v Norris (1956) where the court determined the damages paid to the plaintiff based on his own contribution to the injury. The concept of contributory negligence has been provided by the Civil Liability Act 2002 through Section 5R-5T. According to the section contributory negligence is determined by the application of the same principles which are used to determine negligence. The court can also reject the claim of negligence if it finds just and equitable to impose 100% contributory negligence on the plaintiff himself. In the case of Jackson v McDonalds Australia Ltd[2014] NSWCA 162 the court found that there had been a 70% contribution on the part of the plaintiff who was negligent in causing his own injury by ignoring a clear sign in relation the wet floor. Whereas the defendant were 30% liable as it failed to clean the spill immediately. Damages: Remoteness According the concept of Remoteness of damages the defendant is liable for all the damages caused to the plaintiff with respect to the injury if the injury caused to him was foreseeable. This concept had been provided through the English case of The Wagon Mound no 1[1961] AC 388 however the concept have been changed in the modern times. According to the modern concept of remoteness every loss caused to the injured person cannot be recoverable. Only looses which can be reasonably foreseen can be recovered by the plaintiff. This concept had been applied in the case of Page v Smith[1996] 1 AC 155. In this part of the assignment the law discussed above would be applied to the facts of the given case. In this case firstly it has to be analyzed that Trevor owed a duty of care towards Anna or not. Appling the principles in relation to the duty of care as discussed above to the fact of this case it can be concluded that Trevor had a duty of care towards Anna as he was providing services to her with respect to the tour. Trevors actions could reasonably affect the safety of the plaintiff as she was dependent on him for the purpose of the tour. Now when it is has been established that the defendant had a duty of care towards the plaintiff it has to be analyzed that whether the duty of care had been breach or not. In order to analyze the breach it has to be established that the defendant failed to take precaution which a reasonable person would have taken in similar circumstances. It is evident from the fact that Trevor had knowledge that if proper precautions are not taken then it can lead to accidents as he had witnessed such events before. In addition Trevor is a graduate in environmental science and it is expected that he would have the knowledge about the situation which caused the injury. Although Trevor had provided clear guidelines for the tourist he failed to comply with the provisions of reasonable care by not being able to return on time after going to search for a new location. Therefore it is clear that he had breached the duty of care owed toward the plaintiff. Now when it is established that the defendant had breached the duty of care it has to be analyzed that whether the breach was the actual cause of the injury caused to the plaintiff or not. Applying the but for test in this case as discussed above it can be analyzed that the injury to Anna would not have been caused if Trevor would have been back on time during the daylight. Therefore the element of causation is also satisfied in this case which not comprises of the tort of negligence on the part of the defendant Applying the concept of contributory negligence in this case it can be analyzed that the plaintiff had contributed towards the injury caused to her by replacing her sports shoes by heels against the warning issued by the defendant. A reasonable person in similar circumstances would have adopted proper precaution and would not have consumed alcohol as done by the plaintiff. Therefore it is evident in this case that the plaintiff herself had contributed towards the harm caused to her by not complying with the warning issued by the defendant and not acting in a way a reasonable man would have in similar circumstances. Therefore in order to determine the amount of damages to be paid to the plaintiff the court would take into account the contributory negligence of the plaintiff as it was done in the above discussed case of Jackson v McDonalds Australia Ltd. A reasonable man in similar circumstances could foresee that if damages are caused to another person in the circumstances it can lead to significant injury which would subsequently result in increased harm to the person with respect to the business owned by her. Therefore in this case Trevor is liable for the damages suffered by Anna with respect to the loss of income for 12 months. However as discussed above the defense of contributory negligence would be used by the court in this case to determine the damagers which are to be paid by the defendant to the plaintiff. Concluding this paper it can be stated that the defendant is liable for the tort of negligence against the plaintiff and the plaintiff herself has also contributed towards the harm suffered by her. Therefore the damages would be awarded by the court in a proportionate manner. References Barnett v Chelsea Kensington Hospital[1969] 1 QB 428 Civil Liability Act 2002 (NSW) Donoghue v Stevenson 1932 AC 562 Grant v The Australian Knitting Mills[1935] UKPC Jackson v McDonalds Australia Ltd[2014] NSWCA 162 Page v Smith[1996] 1 AC 155 Parlin v Choiceone Pty Ltd [2012] Pennington v Norris (1956) Perre v Apand(1999) 198 CLR 180, 217 The Wagon Mound no 1[1961] AC 388 Vaughan v Menlove(1837) 3 Bing. N.C. 467 Wilsher v Essex[1988] 1 AC 1074
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