Wednesday, July 31, 2019

Langston Hughes: Historical Perspective Essay

The two poems that I chose to write about are â€Å"The Negro Mother† and â€Å"Mother to Son† by Langston Hughes. Both of these poems are about a mother speaking to her children and speaking of the hard times that she has been through in the past. If we read these poems it’s very much telling us about history and the things that black people had to endure back in the days. Many people can view it as her speaking to her children or to her son directly but I see it as her speaking to the black children of society. The Negro Mother is a poem where a mother is speaking to her children about her struggles and reminding them of her ancestors and their days as a slave â€Å"I am the one who labored as a slave, beaten and mistreated for the work that I gave† (Hughes, 2012, Line 11). At the beginning of the poem she begins to tell of the horrible things and how bad things were but then starts to tell her children a type of hope and telling them â€Å"Stand like free men supporting my trust. Believe in the right, let none push you back. † (Hughes, 2012, Line 36). In the poem Mother to Son, we have the similar theme where the mother speaks of her struggles in life. She describes her life as stairs and says that her â€Å"life for me ain’t been no crystal stair. † (Hughes, 2012, Line 2) Just like on the first poem she continues to encourage her son and telling him never to give up. â€Å"don’t you fall now- for I’se still goin’ honey. I’se still climbin’† (Hughes, 2012, Line 17). What I thought she meant here is don’t give up because after all that I have been through, I am still going.

Tuesday, July 30, 2019

Modules 9 & 10

REFLECTION JOURNALName:Modules 9 & 10 Module 9: Critical Vehicle SystemsAfter reading about the maintenance and safety of your vehicle in Module 9, please answer the following questions (using complete sentences, proper spelling and grammar).Which car system or feature listed in Module 9 do you think is most important? The seat belt is the MOST important feature in the car to me.Why is that particular feature so important? Because it will and can save my life in a car accident or a very sudden stop.How do you benefit from that feature? When I buckle it I know that I’m safe and secure.If we were to come close or get into a car accident I know that I would not be throwing from out of the car.Module 10: Sharing the Road with Others Stops and Starts: Reflect on Module 10 and the entire course. Look back at your journal entries. When explaining, please answer in complete sentences, using proper spelling and grammar.Being the Driver: Stops: Using the information learned in this cour se, name three things you will not do when driving.I will NEVER use drugs or alcohol behind the wheel of the car, drinking and using drugs are irrelevant towards my life. My life is much more than that.I will never text or talk on the phone when driving, the road will always have my undivided attention.I will never show out behind the wheel of a car, I can very much injure myself or a person inside or around the car.Explain why you will not do these things while driving.I will not do these things because I can lose my life or take someone else life, a car is a machine that is controlled by me I am controlling it and if I were to do any of those things I would not be controlling it like I should be.Starts: Using the information learned in this course, name three things you will do when driving.I will watch out for pedestrians and make sure that I am making a complete stop at a stop sign. I will check all the mirrors before driving and put my seat belt on.Make sure that I am paying at tention to the roads and everything that surrounds me.I will make sure that I pay attention to all the signs on the roads and make sure that I read them correctly.Explain why you will do these particular things when driving.These are the rules and regulations of the roads and also laws that will make us become better drivers and respect the roads, other driver and also ourselves.Riding as a Passenger: Write about one thing you will stop doing as a passenger.Bothering the driver while they are driving and let them pay attention to the road. Write about one thing you will start doing as a passenger.Making sure everyone in the car has on their seat belts.

Monday, July 29, 2019

Human Rights Law - Protection of the Environment and Environmental Essay

Human Rights Law - Protection of the Environment and Environmental Rights through Criminal Law - Essay Example Environmental pollution has been an issue of concern over the recent years. History has been a crucial witness to many deliberate acts aimed at destroying the natural environment so as to achieve strategic objectives (Vanderheiden, 2012). Accidental causes also have a fair portion of the blame for environmental pollution. In recent years there have been very serious accidents resulting in massive environmental damage. (Dinar, 2011). A negotiation drafted to serve as a General Assembly Resolution on the protection of the environment is the first step of a solution process to mitigate serious environmental damage regardless of whether it is deliberate or accidental. The resolution determinates the jus puniendi of the States and acts as a harmonizing mechanism of the environmental criminal law of the States (Chowdhury, 2010). Discussion Member States of the General Assembly are responsible for coming up with a resolution, calling for the protection of the environment through internation al criminal law. This resolution aims at discouraging acts causing or likely to cause environmental damage. ... ‘Unlawful’ means infringing a law or a decision taken by a competent authority that aims to prevent environmental damage (Davis, 2007). The resolution is open to signature for both the developing and the developed countries and shall enter into force immediately after the Member States have expressed their consent to be bound by it. Though the resolution is aimed at protecting the environment through international criminal law, it should not affect the rights and undertakings derived from international multilateral conventions concerning special matters (Castree, 2005). According to Ultima Ratio Principle and criminal law intervention, criminal law is the last legal weapon capable of defending the interests of the society. In the preamble, the ultima ratio criminal law principle claims that, while the prevention of the impairment of the environment must be achieved through other measures, international criminal law has an important part to play in protecting the environm ent (Kutz, 2005). International criminal law plays a crucial role as it controls small-scale, large-scale and individual polluters. It helps to prevent further environmental destruction, and avoids over burdening of civil and administrative law with criminal provisions. Its responsibility provides an added incentive for individuals to refrain from conduct that may be harmful to the environment by emphasizing its culpable character and by allowing more stringent enforcement measures to be imposed (Cocks, 2009). Individual states should be responsible for the protection of the environment even though the resolution is agreed at in a convention. A state cannot plead provisions or deficiencies of its own law in answer to a claim against it for any

Sunday, July 28, 2019

What is Pesticide Assignment Example | Topics and Well Written Essays - 250 words

What is Pesticide - Assignment Example There are natural pesticides such as neem tree or citronella plant to ward off other insects. Scarecrows commonly used to ward off crows from eating the corn. Today, the market has many types of chemical pesticides suited to just any type of pest. In 2009, paldoxins, a new class of fungicides were developed and endorsed to the public sinve they were considered more earth-friendly and non-toxic ( Eurekaalert, 2009).Pesticides have three major benefits to mankind, namely,1) to prevent or control organism that cause harm 2) providing economic benefits to farmers due to reduced damage of crops due to diseases 3) prevent sickness in human beings such as DDT for malaria .Nevertheless, there is another side to this argument as pesticides can also have negative effects on human population.The following are pathological disorders caused by certain pesticides: 2.Attention-deficit disorder - Recently, it was reported that there is a possible link between pesticides used in food to incidence of ADHD in children ( Sott.net, 2010). The report is based on analysis of U.S. Health data where childrens urine were examined to establish the difference between eating organically grown produce and produce with fertilizers. From the given information, it can be said that pesticides creates a great risk for human beings. Although there are benefits that can be derived from using pesticide, still, the effect is even more disastrous. It is therefore a challenge for government agencies to come up with pesticides that would not be harmful to human beings as well as the environment. Ascherio A, Chen H, Weisskopf MG, OReilly E, McCullough ML, Calle EE, Schwarzschild MA, Thun MJ (2006). "Pesticide exposure and risk for Parkinsons disease". Annals of Neurology 60 (2): 197–203. doi:10.1002/ana.20904. PMID 16802290 Beseler CL, Stallones L, Hoppin JA, et al. (December 2008). "Depression and pesticide exposures among private pesticide applicators enrolled in the Agricultural Health Study".

Saturday, July 27, 2019

ETHAL'S CHOCOLATE LOUNGE Essay Example | Topics and Well Written Essays - 1000 words

ETHAL'S CHOCOLATE LOUNGE - Essay Example Ethel’s Chocolate Lounges: Back to the Future? Chocolate Lounges Taste Sweet Success Case Background The case presents the marketing strategies implemented by Ethel’s Chocolate Lounges since its inception in 2005 in the neighborhood of Lincoln Park in Chicago. Reported to be named after the matriarch of the family known to produce the famous Mars chocolates, Ethel, with husband, Frank, the chocolate lounges were designed to parallel the successful stints of coffee shops like Starbucks. The disparity comes in terms of offering chocolate drinks together other chocolate products to sophisticated clientele in search for â€Å"approachable gourmet chocolates† in an impeccable environment. In this regard, the case study would aim to address the issues of consumer buying decision; factors that influence consumers to spend and factors that motivate them; as well as needs that Ethel's experience appeals to most. Type of Consumer Buying Decision Ethel’s Chocolate Lo unges has explicitly indicated that their lounges â€Å"are designed to coddle patrons in the lap of luxury, but Mars president John Haugh maintains that what makes Ethel's special is that it offers ‘approachable gourmet chocolate’† (Cengage Cites, 2008, p. 13). ... 13). Having established their customers’ profile and the products and services that Ethel Chocolate Lounges offer, the type of consumer buying decision depends on the level of involvement of the consumer and the extent of differences among brands (MBA Lectures, 2010). For this case, since the customer is seeking variety and the elegance offered by Ethel Chocolate Lounges, these customers are classified as variety seekers and their buying behavior is variety seeking buying behavior. Accordingly, â€Å"variety seeking buying behavior occurs in a situation of low consumer involvement but significant brand differences† (MBA Lectures, 2010, par. 5). Consumers’ involvement are not significantly high since they could be influenced by peers encouraging them to try out the gourmet chocolates and even if these products are significantly high in price, the cost of the products are not too expensive when compared with luxury products or furnitures, appliances and other high priced items. These customers are mostly seeking specialty products requiring cognitive decision making in terms of added comforts and services offered by the lounges aside from the products per se. Factors that Influence Consumer to Spend Money Having established the consumer profiles, the factors that influence consumers to spend money are as follows: (1) a place to chitchat and relax with friends; (2) a venue for experiencing a relaxing ambiance where socializing is encouraged; (3) the option to try new ways to enjoy chocolates (as beverages, as truffles, and in over 50 varieties); and (4) an opportunity to be included in the ‘in’ crowd. Factor that will motivate a Consumer the Most From the

Friday, July 26, 2019

Amsterdam tourism Essay Example | Topics and Well Written Essays - 2250 words

Amsterdam tourism - Essay Example tions, tourists are people that travel to and stay in different places that are not their usual environment for a period that exceeds one year for reasons of business, leisure and other reasons altogether (Sharpley 2006, 16). Currently, tourism has become an important and famous global activity undertaken by people during their leisure. In fact, tourism has become one of the leading sources of income in many countries that have created sustainable systems and structures to attract people to view and experience the tourism potential of their countries. During the economic recession in the late 2000s, tourism is one of those industries that were adversely affected, this was during the better part of 2008 until the better part of 2009. Additionally, the outbreak of some of the deadliest diseases affects the tourism industry as people reduce their travelling for leisure or business purposes. Other activities like terrorism also play an important part in influencing people’s travel patterns and behavior across the world (Thompson & Travlou 2007, 48). countries that have enough and varied sceneries stand a better chance to attract people from different parts of the world. This paper examines the tourism potential of Amsterdam City in the Netherlands. It focuses on the internal and external factors influencing the city’s tourism potential. Amsterdam is one of the most populous, as well as the capital of Netherlands. The status of Amsterdam as the capital of Dutch has been provided for in the Netherland’s constitution (Catling 2006, 18). Amsterdam, as the capital of Dutch has a population of approximately 813,562 people in the city-proper. The city’s urban region has about 1, 112, 165 people, while the larger metropolitan area comprises of 1, 575, 263. Amsterdam city is strategically located in the heart of Europe, making it one of the most important tourism in Europe. In fact, the city has often been described as alpha city of the world according to the

Sexual Exploitation of Children Research Paper Example | Topics and Well Written Essays - 3250 words

Sexual Exploitation of Children - Research Paper Example To be precise, these offences have created a huge impact on children’s developmental needs, which in turn, at a larger scale, may impose strong negative impacts on the society as well. Sexual abuses involve a huge amount of psychological sequel and imposing a serious impact on the personal development of the children (Bonnar-Kidd, 2010). However, it has been observed that the child sexual abuses are often the result of physical aggression committed from the end of the offenders, which can be controlled by developing the mental state of the abuser to a certain extent. Hence, with this understanding, societies have today become engaged with developing their strategic rehabilitation programs to curtail the instances of child abuse (Bloom, 2004). Emphasizing this particular issue, the research aims to identify the rehabilitation program for child sex offenders as well as the identified effectiveness of such programs towards reducing the cases of sexual abuse of children to offer e ffective solutions from a critical perspective. Sexual offenses can take place on a wider spectrum that might be committed in the form of rape and other crimes. Sexual offenders have been prevalent in all the sections of the society wherein most of the cases were referred to as inter family issues. The child sexual abuse, also referred as child molestation, that have been occurring in the various sections of the society, are further observed to impose strong negative impacts on the mental and cognitive developments of the child victims (Tabachnick & Klein, 2011). It is quite evident that majority of the offenses often remains unrecorded, leading to the failure of the authority to take proper steps that would allow to effectively handle the effect of the instance (Gelb, 2007). Owing to the fact that the victims of the sex offenses are mostly children who lack adequate awareness or

Thursday, July 25, 2019

Best Buy Company Incorporation Assignment Example | Topics and Well Written Essays - 1000 words

Best Buy Company Incorporation - Assignment Example As a global company, it operates in Mexico, Canada, China, United States, and Puerto Rico. Best Buy is a public company traded on NYSE: BBY(S&P 500 Component). SWOT Analysis Strengths: No. One Electronic Retailer The company is the largest Consumer Electronic Retailer in the US holds a market share of about 20% (2011) and it’s ranked in position five on the Interbrand's Best Retail Brands 2012. Knowledgeable personnel In order to maintain its competitive streak in the market, the company recruits, trains, and retain qualified personnel. Their end-end type of customer service differentiates Best Buy from online retailers and discount electronics retailers. Smart Acquisitions In FY03 Best Buy Co. Inc. acquired Greek Squad Inc. This was specifically done in order to enhance support for customer services. The Greek Squad service is now found in all the US branded the Best Buy stores. Additionally, in FY12 Best Buy acquired mindSHIFT Technologies, Inc. a company providing data cent er and cloud services. Weaknesses: Physical stores The cost of personnel and overhead associated with the physical stores poses a challenge when comparing Best Buy with other online retailers. Customers in most cases use the physical store as â€Å"showroom† and then make the purchases of the products from the other online retailers at a lower cost. Reorganization Diluting Customer Experience The company has over the years undergone various restructuring activities in an effort to smoothen their in-store models of business.

Wednesday, July 24, 2019

Dietary Guidelines Assignment Example | Topics and Well Written Essays - 1500 words

Dietary Guidelines - Assignment Example A fit body and a healthy diet are the building blocks of a healthy life. If the body is healthy, its direct impact is positive on your mind .Also our body deserves the best timely nourishment in order to get optimum output. Keeping a track of your fitness level helps you to understand your physical requirements and lead a healthy life. I am a 24 years old male living in an apartment all by myself. I have to cook my own food but don't cook on a regular basis due to my lifestyle and mostly eat out. I play Tennis (State Player) and train with ATP professionals .I exercise in a Gym all by myself as I don't have any personal fitness trainer. My more focus while exercising is on the upper body and therefore my lower body is weaker than the upper body. Whenever I do weights the lactic acid produced in the muscles decreases the flexibility of body muscles. I spend 3 days a week for Tennis and Gym and occasionally enjoy swimming. I mostly drive and walking habit is almost negligible in my lifestyle. The above results show my sporting endeavor. I am of standard height and my BMI is normal. My Waist to Hip Ratio indicates that my body shape is in proportion to the body weight. My skin folds (percentage of Body fat) are slightly high as compared to normal (higher than 14% in men). My body has a high capacity to transport oxygen to muscles for utilization and generation of energy as proven by VO2 Max test. My Sit and Reach Flexibility test gives a good score (Paul Roetert, Todd S. Ellen Becker, Page 19); my muscular endurance is good as proven by Push Up and Sit Up tests. The strength of my forearms is good and I am right handed person as the test results for right hand were higher than the left. My shoulder flexibility has a high variance when compared between right and left. Right arm shoulder flexibility is excellent wherein the flexibility for Left Shoulder is below average. My Shoulder Press indicates low shoulder muscle endurance unlike Bicep curl which is indeed a good weigh t. In my speed test, timing was good in 10m sprint (burnt 1174.5 calories) while I didn't score well in 20m sprint (2350 calories burnt). 505 Agility test indicates that my ability to change directions when required while running was not good at all. The result for Bench Press Test calculated in Per Body Weight (1.3414) was good. The evaluation of my lower body strength i.e. Leg Press was Poor. 24 hours Diet Recall Dietary Assessment Nutrient My

Tuesday, July 23, 2019

Monetary Policy and the Behavior of the MPC Essay

Monetary Policy and the Behavior of the MPC - Essay Example The present policy mandate of the Bank of England, the UK’s central bank is dictated by the twin economic objectives of maintaining a high level of employment or low involuntary employment with promoting a high level of production of goods and services with rapid growth. Meanwhile, the latest available Inflation Report dated February 2011 shows that the Consumer Price Index (CPI) rose between 4 to 5 percent as against a target inflation rate of 2 percent. The main reasons for this were the increase in VAT since December 2010, an unprecedented rise of 15 percent in energy prices and 20 percent in food prices, and a fall of 25 percent in the value of UK Sterling. Meanwhile, unemployment remains at 8 percent and even the unexpected cold wave we have seen last winter has negatively affected productivity and the rate of output in the UK. The most realistic estimates by the Bank of England are that inflation will continue to remain at the 4 percent level till the end of 2011 and the n come back to the target of 2 percent being more realistic in the long run. In the process it is expected that exports will grow to the level that it supports monetary policy and exchange rates, bringing the economy back on track and at least out of the present crisis, which by the Governor of the Bank of England’s own admission is the worst we have faced since the Great Depression of the 1930s. (BOE, Q&A). The Importance of Central Bank Credibility The central bank of any nation has a key role in setting and controlling the money supply and controlling the rate of inflation in the country (Rosen,2004). The role of Mervyn King, the Governor of the Bank of England is just that and he does it with the help of a nine member Monetary Policy Committee. Of course, the estimates made by the MPC are hardly ever on target explicitly, but at least they give a sense of direction in which the economy is going. The inflation rate is not known to change rapidly- there is a lag between pri ce and output changes and the inflation rate, but at least we have an indication of whether it is going to be higher or lower than previously. What is worrying at present is how to stimulate the economy without raising the rate of inflation. At the same time, the rate of inflation is largely in control in Germany and USA, to name two of the UK’s best trading partners. It has been fortunate for them that their exchange rates have stabilized and had not been so adversely affected as in the UK. The Bank of England and the MPC wait and evaluate the events in the economy before making a decision on increase in Bank Rates, for example. They have to wait for shocks to be absorbed by the economy and allow for these in their estimates (McConnell & Brue, 2005). Being consistently wrong and off the target for key estimates

Monday, July 22, 2019

Cultural Sensivity Essay Example for Free

Cultural Sensivity Essay The manner in which color is employed in an international context is a significant factor which is frequently maltreated or neglected by the developers of Web sites and instructional material. What is more, its application is even more complicated due to the notion that perception of color is conditioned not merely by ones physical competence to see it. It is even more important for a designer to understand the meaning of a color in terms of cultural preferences. Following are some recommendations in regards to the worlds attitudes toward the basic colors. So, the developer of a site oriented on an international viewer should keep in mind that blue is the best-tolerated color worldwide. Blue is one of the colors that is unobjected in the majority of ethnical traditions. Therefore, a designer can employ it for all sorts of sites, no matter what its audience, purpose, or placement are. In regards to the pleasant perception of this color specialists state that on our planet you cannot find anything that would be isolated from the surroundings – that is, excluding the sky. This may be the cause for prevailing religious beliefs place their deity somewhere above, while evil usually resides under the ground. There is a group of colors that possess somewhat indistinct characteristics and meanings. Among those one should mention pink. When developing sites for citizens of East India, it is recommended to avoid pale version of this color for the reason that male audience consider it as having a feminine attribute. In some states, on the other hand, representatives of both genders favor pastels; the perfect example is Japan. But the most important category for the designer to remember is the group of unsafe colors. The most noteworthy example is purple, which is received negatively in all around the world. Catholic-dominated countries, for example, have this color as a representation of death and crucifixion. Moreover, it symbolizes mystical teachings and practices that oppose the tenets of Christianism, Judaism and Muslimism. It is crucial for instructional designers to realize that all material is unseparatable from culture. Thus, Web site developers must take some special aspects of culture like, for example, color preferances, and integrate them into the project in order to create culturally sensitive presentation. Reference List 1. Design at Work Leaning Network. (April 2003). A brief introduction to information design. Retrieved on February 23, 2007, from http://http://www. christiania. edu/iforum/iforum/ePaper_no_4_3003. pdf.

A Discussion on the Renaissance Art and Its Influences Essay Example for Free

A Discussion on the Renaissance Art and Its Influences Essay 1. The Renaissance style is considered as a collective movement related to the reawakening of art – particularly drawing, painting, sculpture, and architecture – that centered in Italy from 1300-1600 (Cunningham and Reich, 2009, p. 265-266).   This movement evolved over the years as people – tired of the medieval life of poverty and sickness – started to develop new world views.   These world views centered on essential and profound questions related to human beings, their lives, and their purposes in lives.   They formed striking similarities to the Greco-Roman intellectual discourses, which were overshadowed during the dark times of the medieval age but rediscovered during the reawakening period of the Renaissance. Experts agreed that the Renaissance movement started in Florence, Italy, then a trading center between Europe and the rest of the world and a platform for exchange of ideas, purchase of arts, and commissioning of literary works (Cunningham and Reich, 2009, p. 267).   In Italy, people began to question tradition and authority, focus on life on earth, shape their own destinies, educate their selves and revisit the classical teachings from Greece and Rome.   Teachings from Italy were then dispersed elsewhere in Europe and the world through the printing press, a revolutionary invention during the Renaissance (Cunningham and Reich, 2009, p. 265). See more: Homelessness as a social problem Essay One example of a Renaissance art that is a symbol of the inner health of the people during that era was Raphael’s School of Athens (Cunningham and Reich, 2009, p. 315).   This painting pictured the great minds who existed in the city of Athens in Greece – Socrates, Plato and Aristotle – who were gathered in what appeared to be a school.   In the painting, the great minds seemed to be enthralled in a lively exchange of ideas.   Experts said that School of Athens attempted to show that the ancient greats of Greece were as good as the Renaissance men of Leonardo, Raphael and Michelangelo.   In fact in the painting, the three Renaissance artists were supposed to be Socrates, Plato and Aristotle. Another example of a Renaissance art that embodied the dynamism and transformation peculiar to the period was the sculpture of Michelangelo of David when the artist was at a relatively young age of 26 (Cunningham and Reich, 2009, p. 286). David was depicted as a civilized and a thinking individual who contemplates on challenges without immediately resorting to unnecessary brute.   David was said to represent the brightness of the Renaissance man.   It was also said to epitomize the confidence that the people then were feeling in influencing their destinies in terms of trouncing evil and gaining victories. Renaissance humanism is a notion that sprang during this period.   This notion placed emphasis on the capacity of human beings to manipulate their future without overreliance on the church (Cunningham and Reich, 2009, p. 287).   Although much of the art works had religious themes, the works portrayed religious icons as humans.   Such portrayal made light of the religious canons imposed by the church.   Instead, the portrayal highlighted the human spirit and its capacity to elevate to great heights.   One example of an art work that displayed humanism was Sandro Botticelli’s Birth of Venus, which depicted the goddess as an innocent woman with the use of pastel colors.   Another example is Simone Martini’s Annunciation, where an angel painted in realistic human dimensions and appearance appeared to tell Mary that she will bear God’s son. The rebirth of the artistic movement in Italy was largely attributed to the successful businessmen in the city of Florence who fed, trained, educated and provided for the basic needs of the artists (Cunningham and Reich, 2009, p. 268).  Ã‚   These patrons commissioned works based on clear-cut agreements. The powers of these businessmen from the Medici family stretched all the way to Rome, allowing many artists to secure contracts to accomplish religious works of arts for the Catholic Church.  Ã‚   The patronage of the Medici family for the artists was crucial to the Renaissance as artists were elevated to a stature important to the beautification and strengthening of the culture of Florence.   When the Medici family declined, artists went to Rome where they received the patronage of the pope (Weekly Lectures, n.d.). 3. Prior to the Protestant Reformation, there had been a fierce and widespread sentiment about the perceived abuses of the Catholic Church (Cunningham and Reich, 2009, p. 240).   People felt that the leaders of the church were leading extravagant lives that contrasted with the generally modest, if not poor, living of the majority of the people.   There were classes within the population that wanted to lead  Ã‚  Ã‚   towards positive change.   People were also weary of being caught in the cross-fire of conflicts between the Catholic Church and Kings, both desired power and wealth. To top these off, people were staring to change their beliefs about the capabilities of human beings during the Renaissance. These situations were the precursors to the ushering of the Protestant Reformation, which was set off by German monk Martin Luther.   Luther questioned the corruption and moral degradation in Rome and in the whole of the Catholic Church through his writings in The 95 Theses.   The Church however was not willing to change its ways.   It then financed the Counter-Reformation (Cunningham and Reich, 2009, p. 297). Immediately, art became the medium of propagating the beliefs of the Protestants, who had their bailiwicks in northern Europe, and Catholics, whose strongholds were in the south.   For the Catholics, art must focus on religious contents with certain symbolisms that magnify the holiness of the contents.   The Catholic art was similar to the art that had prevailed in the Middle Ages.   For the Protestants, Catholic religious contents in arts were idolatrous that must be destroyed through iconoclastic movements during the Protestant Reformation. The Protestant art was similar to the art of the humanist Renaissance artists who depicted contents in realistic settings. As a response to the Protestant Reformation, the Catholic Church introduced a Counter-Reformation.   It instituted a few changes within the church but became more austere in regulating heresy.   Regulations covered the arts, sending Catholic painters to produce religious contents similar to those done during the Middle Ages. Content in arts was the distinguishing factor between the Reformation and the Counter-Reformation.   For the Protestants during the Reformation, paintings centered on mundane activities of everyday existence.   Occasionally, paintings drawn out of scenes from the Bible were made.   However, these paintings depicted the religious contents in a humanistic manner.  Ã‚   Simple scenes found in regular occasions were also contained in paintings.   Generally, the contents did not attempt to glorify contents through symbols. For the Catholics during the Counter-Reformation, paintings focused on idealized religious contents that contained symbolisms of holiness, omnipotence, and great glory.   These religious contents were idealized in terms of appearance and the environment in which they were depicted to move.   Painters did not paint flaws.  Ã‚   They likewise veered from common scenes experienced by common people.   Some of the religious contents depicted in the Counter-Reformation included Catholic saints, sacraments, traditions, and codes of belief taught by the Catholic Church. The arts during Protestant Reformation and Counter-Reformation were divergent largely because of the opposing world views espoused by the Protestants and the Catholics.   On one hand, the Protestants believed that man could shape his destiny and approach God because the sacrifices of Christ were enough to save human souls.   On the other hand, the Catholics believed that intermediaries like saints and the Virgin Mary were needed to help Catholics approach God and enter the gates of heaven. Because intermediaries were needed, Catholics created relics where divine powers were supposed to reside.   A form of these relics is a typical painting created during Reformation.   Catholics worshipped the relics and sought from these relics intervention in order to get the graces of God. Because Protestants believed in the value of man and Christ’s sacrifices, they loathed these relics and called these relics channels of idolatry.

Sunday, July 21, 2019

Web Usage Mining for Web Page Recommendation

Web Usage Mining for Web Page Recommendation A Survey On Web Usage Mining For Web Page Recommendation Using Biclustering ABSTRACT The World Wide Web contains an increasing amount of websites which in turn contains increasing number of web pages. When any user visits a new website they have to go through large number of web pages to meet their requirements. Web usage mining is the process of extracting useful knowledge from the server logs. This useful knowledge can be applied to target marketing and in the design of web portals. A Recommender system is one of the best web usage mining Application which reduces the difficulties faced by the users to meet their requirements .It recommends the pages of interest to the user. This report includes the survey of different clustering and biclustering techniques. Also we will discuss the biclustering approach which has some advantages over the traditional clustering approach. Keywords : Web usage mining, Recommender system, biclustering I. INTRODUCTION The World Wide Web store, share, and distribute information in the large scale. There is large number of internet users on the web. They are facing many problems like information overload due to the significant and rapid growth in the amount of information and the number of users. As a result, how to provide web users with more exactly needed information is becoming a critical issue in web applications. Web mining extracts interesting pattern or knowledge from web data. It is classified into three types as web content mining, web structure, and web usage mining. Web usage mining is the most important area of web mining which deals with the extraction of useful knowledge from the web usage data. There are different kinds of datasets on which web usage mining can be performed. They are in the form of log files. These log files can be stored at server side, proxy side and client side. Mostly the server side log files are used for web usage mining. Before the mining process various pre-p rocessing techniques can be applied to the log files, for example, pre-processing, pattern discovery, pattern analysis. The data mining techniques like Association rule mining, Sequential pattern analysis; Classification and Clustering are used to mine the web usage data. The mined knowledge can be helpful in different web applications like personalization of web Content, support for the design, E-commerce, and many other web applications. In this paper we discuss clustering technique of data mining for web usage data. Clustering is one of the important data mining technique to discover usage pattern from the web usage data. The users with the same browsing pattern are clustered in the same group and the others are clustered in different groups. In this survey we consider biclustering algorithm based on genetic algorithms (GAs) for effective clustering. In general, a genetic algorithm (GA) is a search heuristic that mimics the process of natural selection. This heuristic (also sometimes called a metaheuristic) is routinely used to generate useful solutions to optimization and search problems [10]. So, we believe that a clustering technique with Genetic algorithm can provide relevant clusters more effectively. A traditional clustering method clusters users according to their similarity of browsing behaviour under all pages. However, it is often the case that some users have similar behaviour only on a subset of pages. For example consider below example user page matrix. [2] TABLE-1 : USER PAGE MATRIX When all pages are considered users 1, 2, and 4 do not show similar behaviour since their hit count values are uncorrelated under page 2 ,while users 1 and 2 have an increased hit count value from page 1 to page 2, the hits of user 4 drops from page 1 to page 2. However, these users behave similarly under pages 1, 3, and 4 since all their hit count values increase from page 1 to page 3 and increase again for page 4. A traditional clustering method will fail to recognize such a cluster since the method requires the three users to behave similarly under all pages which are not the case [2]. To overcome this problem Biclustering or Two- way clustering was introduced. Biclustering was first introduced by Hartigan and called it direct clustering [1]. Following section describes some of the clustering and biclustering methods together with Genetic algorithm available in the literature. II. LITERATURE SURVEY 2.1 WEB MINING Web mining is categorized into three areas which are Web usage mining, Web content mining, and Web structure mining [6]. Web usage mining makes use of logs that are generated by the Web server to make sense of the user’s behaviour on the Web. The logs captured by web servers are the primary source of data in web usage mining, and it is important as it explicitly records the browsing behaviour of site visitors. The greatest advantage of the web server logs is that they are records of what people have actually done, and not what they might do or thought they did [4]. Web personalization based on Web usage mining involves three phases; data preparation and transformation, pattern discovery, and recommendation. In the first stage, the web server logs will undergo intensive pre-processing stage that will remove all irrelevant information and prepare the logs for pattern discovery to derive the user profile. A previous study used frequency and duration as indicators to represent the interest degree of a Web page to a user in the session. Another separate study indicates that contiguous sequential patterns found in frequent navigational paths are more suitable for predictive tasks, such as predicting which item the user will access next during his navigation. Recent studies on sequential patterns in web log data show that ordered sequence of events can discover web users’ navigational patterns [4]. Web content mining is the process of extracting knowledge from the content of Web documents [6]. One of the challenges in Web content is to extract useful information from the pages. This stage is known as Web content cleaning. A Web page typically contains a mixture of many kinds of information, such as the main content, advertisements, navigation panels, and copyright notices [5]. Web content mining techniques alone is unable to handle dynamic content changes in news sites. On the other hand, personalization based on web usage by itself is not able to reflect the changes in site content, because these changes are not included in the Web logs. As Web usage and Web content have limitations, combining these two areas will harness both of their use for personalization [4]. 2.2 WEB LOG A Web log is a file to which the Web server writes information each time a user requests a resource from that particular site. All users’ web access activities of a website are recorded by the WWW server of the website and stored into the Web Server Logs. Each user access record contains the client IP address, request time, requested URL, user ID, HTTP status code, etc. Web log consist of attributes with the data values in the form of records. The information contained in web logs has been used in many different ways. In various studies, researchers and search engine administrators have used information from web logs to learn about the search process and to improve search engines. Besides learning about search engines or their users, query web logs are also being used to infer semantic concepts or relations [3]. 2.3 DATA COLLECTION There are three main sources to get the row log data, which are namely 1) Client Log File 2) Proxy Log File 3) Web Server Log File Web Server Log File: The most significant and frequently used source for web usage mining is web server log data. This web log data is generated automatically by web server when it services user request, which contains all information about visitor’s activity. The common server log file types are access log, agent log, error log and referrer log [7] Table-1 summarizes each. TABLE-2: WEB SERVER LOG FILE TYPES AND CONTENT[7] Depending on web server, web log file data varies on number, type of attributes, and format of log file. W3C maintains standard log file format however custom log file format can be configured. Many varied format are available like 1.Common log format, 2.Extended common log format, 3. Centralized log format, 4.NCSA common log format, 5.ODBC logging, 6.Centralized binary logging. among all common or extended file format are mainly implemented by web server. [7] Common Log Format (CLF) may contain following fields [host/IP rfcname logname [DD/MMM/YYYY: HH:MM:SS-0000] â€Å"METHOD/PATH HTTP/ 1.0† bytes] [7] 2.4 RECOMMENDATION SYSTEM Recommender systemsorrecommendation systems are a subclass ofinformation filtering systemthat seek to predict the rating or preference that user would give to an item.The most popular ones are probably movies, music, news, books, research articles, search queries, social tags, and products in general. However, there are also recommender systems for experts, jokes, restaurants, financial services,life insurance, persons (online dating), and Twitter followers.[9] Various data mining techniques applied on web recommendation system for the data Pre-processing of web server log data. III. METHODS AND MATERIALS 3.1 BICLUSTER Bicluster Types [8] Different biclustering algorithms have different definitions of bicluster. 1) Bicluster with constant values (a), 2) Bicluster with constant values on rows (b) or columns (c), 3) Bicluster with coherent values (d). (a) (b) (c) (d) 3.2 CLICKSTREAM DATA PATTERN Clickstream data is a sequence of Uniform Resource Locators (URLs) browsed by the user within a particular period of time. By analyzing these data we can discover web users having similar browsing pattern. It requires some preprocessing before it is taken for analyse[1]. 3.3 INITIAL BICLUSTERS[1] K-Means clustering method is applied on the web user access matrix A(U, P) along both dimensions separately to generate ku user clusters and kp page clusters .And then combine the results to obtain small co-regulated sub matrices (ku Ãâ€" kp) called biclusters. These correlated biclusters are also called seeds. 3.4 COHERENT BICLUSTERING FRAMEWORK USING GENETIC ALGORITHM (GA) [1] Usually, GA is initialized with the population of random solutions. In our case, after the greedy local search procedure the optimization technique genetic algorithm is applied on biclusters to get the optimum bicluster. This will result in faster convergence compared to random initialization. Algorithm: Evolutionary Biclustering Algorithm [1] Input: Set enlarged and refined seed Output: Optimal Bicluster Step 1. Initialize the population. Step 2. Evaluate the fitness of individuals Step 3. For i =1 to max_iteration Selection() Crossover() Mutation() Evaluate the fitness End(For) Step 4. Return the optimal bicluster Using the above algorithm we can generate optimum biclusters from web usage data which exhibits high coherence between the web user and the pages visited by them. Analyzing these overlapping coherent biclusters could be very beneficial for direct marketing, target marketing and also useful for recommending system, web personalization systems, web usage categorization and user profiling. The interpretation of biclustering results is also used by the company for focalized marketing campaigns to improve their performance of the business [1]. IV. CONCLUSION The Biclustering approach overcomes the problem associated with traditional clustering methods by showing the higher coherence between the web user and the subset of pages visited by them. The result of Biclustering can be used in the focalized marketing strategy like direct marketing and target marketing. The recommendation system will give the website its most visited pages by its all user. It also gives information of the user having same behaviour on subset of pages. So it target on improving the website’s design, information availability and quality of services. Future work aims at extending this framework by using it as a pre-processing tool for the web page recommendation system. REFERENCES

Saturday, July 20, 2019

Discovery of the Sahelanthropus Tchadensis Fossil: Earliest Hominid :: Anthropology Essays Paleontology Papers

Discovery of the Sahelanthropus Tchadensis Fossil: Earliest Hominid In July of 2001, a group of archeologists discovered the skull and jaw bone of the oldest member of the human family. The skull is a new discovery and was found in the Djurab Desert of Northern Chad by a group of archeologists lead by Michel Brunet, and is thought to be six to seven million years old (Walton). The age of the skull and jaw bone were approximated through the association of the fauna that were found with the fossils (Brunet). The skull is a major find for archeologists because they now have a new piece of the puzzle that shows the evolution of humans from apes and it provides information to a period that scientists had very little knowledge about because of the lack of evidence (Whitfield). The skull was given the scientific name: Sahelanthropus tchadensis and was nicknamed Toumai, which is a local name for a child born perilously close to the beginning of the dry season meaning â€Å"Hope of Life† (Walton). The skull has a mix of ape and hominid, early humans who are distinctly different from apes by their upright posture, features. The brain case is similar to those of apes, being about the size as a chimp, but the thick tooth enamel and the presence of small canines in the jaw bone are features that are similar to hominids. The most surprising part of the skull is the presence of the large brow ridges found on Toumai (Groves). This is unexpected because the next oldest hominid fossils have a small or non-existent brow ridges but our family, Homo, also has large prominent brow ridges (Gee). These fossils are having a major impact on the scientific world’s view of human evolution and scientists may even have to rethink some present ideas about it. Because the skull of Toumai has characteristics that are very similar to those found in the Homo family, some scientists are beginning to question whether or not Australopithecus, an early member of the hominid family from about four to one million years ago and they are characterized by their fully upright posture and their small brain size, is even part of the evolution record of humans from apes. Bernard Wood, of George Washington University in Washington DC, argues that if Australopithecus has more ape-like features than the features found on an older

Friday, July 19, 2019

The Mark Twain Thesis :: essays research papers

Mark Twain To look at that person on the honor role, who's the best athlete, has the newest car, and gets all the ladies. Or the person in art class who continually produces the best art work and ruins the grade curve for the rest of us. Few things are harder to put up with than the annoyance of a good example. Throughout his life Mark Twain continued to produce masterpiece writing leaving no good example un-battered. A man who gets his dream job, and is despised by the whole town of just dreamers. A person who's convictions are stronger than his flesh. And a seemingly harmless man, who tells the story as it should be told and comes under the utter annoyance of the narrator. Imperfect characterization played an , obvious, major role in his writings proving that few things annoyed him more than a good example. The pose that Twain takes to his characters that seem to be striving for excellence is quite unique. In an excerpt from Life On The Mississippi Twain tells us of a man with a dream. As imperfection has it this man's dream did not come true. But his friend's similar dream , however, did. The narrator tells us through a blanket of jealousy how this man was perpetually annoying, and how, 'there was nothing generous about this fellow and his greatness.'; Like many of Twain's writings this excerpt shows us a man with convictions as he looks at a seemingly good example and puts it under a different light. Convictions that shine through in what could quite possibly be a realistic situation (in Twain's accounts of them) shimmer with imperfection. In a part of Roughing It Twain brings us to a camp of three men. Under the inclination that they are all about to die, these men start to ponder what they could have done with the rest of their lives. They all end up making promises to themselves that they fully believe they will not have to keep. Promises of, 'reform'; and 'examples to the rising generation.'; In what would seem to be a surreal end to a story of repenters continues on. These men find themselves in a comical situation and end up surviving. So what happens to the promises they never gave a thought to having to keep but for the few moments it takes a man to freeze to death in the dead cold of winter?

Objections Of The Croquette And Hoop Skirt :: essays research papers

While reading selections from The Tatler and The Spectator, two subjects that I found most interesting were that of the coquette and her place in society, and also that of fashion, in particular, the hoop skirt. The Webster’s Dictionary defines a coquette as "a woman who flirts." One of the reasons why ‘she’ appears so frequently in these essays is because these men sense a danger in them. The croquette is a figure of self-sufficiency and 18th century women were not supposed to be self-sufficient. Women of the 18th century were supposed to be ‘sugar and spice and everything nice’ and, above all, dependent on men. When a croquette comes into the picture, however, the men are the ones who can’t handle themselves. The croquette is a flirtatious woman who knows very well the powers of her sex and uses them to her advantage. Just by looking and acting a certain way around men, she learns how to ‘control’ them to a certain degree. Although the men realize what she is doing, they are powerless to stop it. It is also apparent to these men that women are able to be deceitful, and that the coquette may not be the beginning or the end of th is deceitfulness. And they find this to be very dangerous to the ideas of knowing your respective places in their society. Addison and Steele seem to think that the croquette is not only a lady who tends to flirt with every man she comes into contact with, but any young lady who outwardly makes every attempt to find a suitable marriage partner. In No. 110, of The Tatler (478-482), Addison speaks of a certain young woman being accused of catching the lust of several young men and breaking their hearts. He explains how she seems very innocent when proposed with the accusation and that this is how she obtains that she is not in the wrong. The way he words this essay makes me think that he believes that it is criminal for a woman to use the "Motion of her Eyes and Turn of her Countenance"(p 479) to capture the eyes of a possible suitor. Because a woman is able to use her ‘special powers’ in such a way is deceitful and therefore may lead to other wrongful doings which, in turn, disturbs the way Addison believes the opposite sexes serve opposite sides of society.

Thursday, July 18, 2019

Working Adolescents

Whether an adolescent should be working during their high school years or not, one cannot be absolute with hiss answer.   These question can be best answered when one looks at its advantages and disadvantages, their workplace, nature of the job and number of hours should also   be considered.I do believe there is a place for it provided that the workplace is owned by the family.   Exposing an adolescent to the nature of their own business, which in the later he has no choice but to be part of it, is of great advantage.   This is considering that in the early age he will be learning the mechanics, and system of the business which will prepare him for the future.Though the problem would be, being a family member the tendency to over familiarity is unavoidable, and the person can be a subject to exploitation in terms of time, and may also be to mental harassment, through insults and words of impatience, just like in the outside workplace when   in the midst, crisis will arise employers tend to hurl insults.   Tendency to abuses is really existing elsewhere!Inevitably the high school years are crucial to the social and emotional development of both boys and girls.   Although there are benefits one can earn when working while adolescent, such that it provides lessons about responsibility, punctuality, to some degree independence, interacting with the public, and the list goes on, and for sure finances. (Moskowitz, 2000).However, Fineran (2002) reported that a study was conducted and results described adolescents experiencing with sexual harassment while working part time and attending high school.   In a sample of 712 high school students, 25% of the 372 students while working part-time report experiencing sexual harassment.And effects of sexual harassment during a first job showed may also negatively affect a child's self-esteem, and self confidence, anger, irritability, social isolation helplessness and anxiety, depression, tension, and nervousness (Fitgerald,1933), Gutek and Koss(1993) proposed a posttraumatic stress disorder model for understanding the mental health consequences of sexual harassment.(Moskowitz, 2000) also added that it would also affect the adolescent's identity formation in addition to placing him or her in physical danger of assault and trauma.   Results revealed that there are difference in the experience of sexual harassment by gender, work relation, and emotional reaction.Fineran (2002) furthermore reported that girls are significantly more upset and threatened by the sexual harassment they experienced at work than boys.The same report mentioned that mental harassment also occurs when they are insulted by their supervisors, coworkers and customers.   Looking to these, both are detrimental to the development of adolescence to adulthood.   A negative impact has somehow embedded in them.In an article entitled Adolescent in the Workplace, stated that indeed working has been shown to be associated wit h both positive and negative consequences for adolescents. Working may increase responsibility, self-esteem, and independence and may help children and adolescents learn valuable work skills.Employment that is limited in intensity (usually defined as 20 hours or less per week) during high school years has been found to promote postsecondary educational attainment. Many studies show positive links between working during high school and subsequent vocational outcomes, including less unemployment, a longer duration of employment after completing schooling, and higher earnings.However, high-intensity work (usually defined as more than 20 hours per week) is associated with unhealthy and problem behaviors, including substance abuse and minor deviance, insufficient sleep and exercise, and limited time spent with families.Furthermore, children and adolescents may be exposed to many work-related hazards that can result in injury, illness, or death. Their inexperience, as well as physical, co gnitive, and emotional developmental characteristics, may also play a part in the risk of injury faced by young workers.Injury may also result from a physical mismatch between the size of the child or adolescent and the task: for example, machinery that was designed for adult males may be too large or heavy for children or adolescents to handle safely.According to NIOSH the most common types of injuries and illness are sprains and strains, cuts and lacerations, contusions and abrasions, heat burns, and fractures and dislocations.   R. Belville, S. H. Pollack, J. H. Godbold and P. J.Landrigan concluded that occupational injuries are substantial and under recognized contributor to the continuing epidemic of injury among adolescent.Besides Rosalie Bakken in her article entitles Ups and Downs mentioned that although it is widely believed that having a job builds character in young people, it can also provide opportunities for youth to learn specific job skills, save money for college, develop trusting and healthy relationships with non-family adults, and experience feelings of reward and intellectual stimulation.But the same studies showed that employment does not necessarily lead to healthy social or moral development. This is especially true when a young person's very first experience in the work force involves stress, long hours, and menial tasks.Most jobs held by youth do not provide many opportunities for youth to think creatively or to solve challenging problems or make independent decisions. In addition, research has shown that earning an independent income does not mean that youth are learning to use their money wisely. In fact, their personal income may provide working adolescents with greater opportunities to purchase alcohol, drugs or cigarettes.Rosalie Bakken also cited that a notable characteristic of working adolescents is that they move in and out of the labor market, changing jobs and work schedules frequently, in response to changes in employers ' needs, labor market conditions, and circumstances in their own lives.This to some degree makes them very unstable and unstructured, leading to very unorganized life, without routines in schedule and activities.   Looking for another job, to cope with loses financially, has added to the tensions and pressures in schools and even in this area of his life -working as adolescent.Considering that an adolescent needs to do good in his studies and at the same time be working for several hours, in addition to his load in school means a lot of pressure to an adolescent.And may therefore distract him from his studies and his focus will be divided, which is to the advantage both to him, and the teacher who will be relating with him in all his academic requirements. In fact it was also shown that a high level of work during adolescence has been found to be associated with decreased eventual educational attainment.Although on sessions where the teachers discuss on social awareness, the teach er may enjoy interacting with him, considering his exposure in the workplace.For the parents, the fact that they are relieve in some sense in supporting to their adolescence, their sense of dignity as a provider also diminishes, and since the child spends time outside in school added with the time in work lessen their time together.   This is of very great disadvantage, the fact that the child should be learning and be influenced a lot from their parents at this age, instead they got it from the workplace.However, in the midst of working institutions so much abuses and harassment are going on, which I would say not an advantage for an adolescent to work.If working is the only solution that an adolescent can enter and sustain his way to high school, then I believe he should.   Though it really means a lot of difficulties.   When he dares to, as much as possible things should be defined and determine carefully.The determining factors are the type of job an adolescent takes, and the number of hours worked. The job should be meaningful to the teen in some genuine way, and it should not interfere with time needed for schoolwork or family interaction. Teenagers' needs for adequate nutrition, exercise and rest should not be compromised by a job. (Bakken, 2001)Teens should look for a job that will be challenging, interesting, and that will provide them with opportunities to use the skills they have and learn new ones. The job atmosphere should be supervised by an adult and should allow the adolescent to come into frequent contact with healthy adult role models. (Mortimer et al, 1996)Finally, working adolescents should not also relate with their parents their work experiences, allow the to monitor any changes in their grades, attitudes, or behaviors.BIBLIOGRAPHYBakken, Rebecca, Ph.D. 2001. Adolescents at Work. From the   Ups and Downs of Adolescents: A Newsletter about and for Young People, Parents and Concerned Adults.http://www.ianr.unl.edu/ianr/fcs/upsdowns/ upsaug01.htm

Wednesday, July 17, 2019

Elizabeth Barrett Browning Essay

Elizabeth Barrett Moulton-Barrett was born on sixth of March in socio-economic class 1806, in Durham, England. Edward Moulton-Barrett was her father who washed- let out close of his brio sentence in Jamaican sugar plantations entirely later in the yr 1809 he moved to Hope End, which was a 500-acre ground near the Malvern Hills. This young girl had a tremendous childhood as she has xi br separates and sisters, not only this she has her pony nigh the grounds with which she played entirely the conviction. as headspring this she had a good nature and frequently visited other families in the neighborhood, as strong as arranging family theatrical productions. afterwards in the category 1820, she set about legion(predicate) worrys regarding her health, as doctors diagnosed that she has a cord line in her stomach, which had seemed to break. later(prenominal) on, the doctors constitute nought wrong with her gynecological argona, only console that mysterious illness w as with her as she was capacious invalid, taking morphine for the pains for the equilibrium of her spirit. Not only this, due to her do drugs habits she was facing such illness issues in her life at a in truth early st while of her life. Besides that problem in her life, in the year 1821 her develop died when she was 22 years old. by and by this incidental Dr. Coker prescribed opium for a nervous dis point. At this point this young girl faced most severe problems only when she go along her life. Since her childhood Elizabeth Barrett Moulton-Barrett was sore of indite poems. She spent most of her time in her means all al unity, thinking and imagining different aspects of life and then reforming all those visual modalitys and start writing them as a poem. Initially her chief(prenominal) source was her track who too gave her company, as she was living all alone in her house.She called her dog Flush and later she in equivalent manner wrote a poem about her dog and in t hat poem she applyd the occurrence that how her dog helped her out in her imagination as fountainhead as in her times when she was all alone. In the year 1844 her poems inspired many a(prenominal) poets due to which in the year 1845 Robert Browning wrote his scratch line earn to Elizabeth Barrett in which he enclosed one of the striking love story. Besides this it was in addition revealed that this letter belonged to the fan mail category, this gorgeous story was not just a story or poem and to a greater extent than just poet-to-poet as by means of this Robert Browning declare the fact that I do, as I say, love these books with all my heart and I love you too. (Helen Cooper, pg 18) Later in the year 1846 Elizabeth Barrett and Robert Browning got get hitched with, but they didnt announce their marriage and unplowed it as a secret. In plus with this it was as hearty as tell that Robert Browning married Elizabeth Barrett only to have fame and wealth, numerous critics gave in that location analysts and points regarding this matter. (Helen Cooper, pg 3-22) ELIZABETH BARRETT BROWNINGS LIFE AS AN POET-Elizabeth Barrett Moulton-Barrett is still prominent and highlighted as the most respected and successful woman poet of the dainty period. She always looked forward to having a laureateship which she got in the year 1850. Since her school days she was fond of reading Shakespearian plays, parts of popes Homeric translations, as well as passages from Paradise Lost. Besides this she was withal fond of having mystifying knowledge of the histories of England, Greece, and capital of Italy before the age of ten. We can declare that this lady was self-taught in almost every(prenominal) respect.In her teenage years she went done the classical and Latin authors and always love to read such kind of chef-doeuvres. Her deep and sound knowledge of all the supra mentioned things formed her bleed and lit ageture magnificent. roughly all her work reflected hu man rights. She wrote her source poem at the age of eight, her masterpiece is still assessd and kept in the berg Collection of the pertly York Public Library. She stated her initial poem as The action of Marathon which was published when she was just cardinal years of age.Elizabeth Barrett Moulton-Barrett later reformed the deed and tell it as Popes Homer done over again, or rather undone. After this above-mentioned masterpiece she wrote another poem whish she declared as large at the age of twelve that was fundamentally a league of four masterpieces of rhyming couplets. Later at the age of twenty she met a blind, old scholar, who assisted her in strengthening her classical styles and principles as well. During that time she noticed stupefying points in the Greek literature like Homer, Pindar, Aristophanes and some(prenominal) more. But this friendship and fostering remained for long.She declared her classic work that also covers many aspects of religion as not the deep persuasion of the mild Christian but the wild visions of an enthusiast. (Marjorie Stone, 322-325) Her family always be several(prenominal)(prenominal) events in churches and always gave their function to them so did Elizabeth Barrett Moulton-Barrett by highlighting the password and Missionary societies point in her poems. In the year 1822 she started following scholarly and literary poets, giving this more of her time as well. Later in year 1838 her outgrowth volume was published, which reflected her mature thinking of imaginations regarding several things.In addition with this it was also found out that she gave her own name to her first-year book. This young lady, Elizabeth Barrett Moulton-Barrett gave her first collections of poems in the year 1826 and titled this as An Essay on Mind and Other Poems. This work of her attracted numerous readers especially the blind scholar of the Greek language, Hugh Stuart Boyd, as well as a Greek scholar, Uvedale Price. Later in the ye ar 1833 she gave translations of Aeschyluss Prometheus Bound which was also very much appraised by readers and still is followed by several readers of this era as well.In the year 1844 she wrote such masterpiece that attracted numerous poets as well as Robert Browning. She declared this as Sonnets from the Portuguese in which she highlighted and explicit her emotions and love themes as well. Later in the year 1849 she supported abolition of slaveholding through her poem which she declared as The Runaway Slave at Pilgrims Point. But this poem was a huge failure in her life and was not accepted many readers as well. Due to such failures which actually caused a financial problem in her life, she left-hand(a) Hope End and moved to London.After facing all such problems and last settling in London she again started writing. At that time she wrote some other masterpieces like The Romaunt of Margaret, The Romaunt of the Page as well as The Poets Vow, All these writings are based on lite rature. (Gardner B. Taplin, 45-55) The parole of the Children is also one of her best writings in which she emphasized on numerous points that have its own significance but were neer discussed before. Elizabeth Barrett Moulton-Barrett as a poet wrote some critical papers in praise of numerous works including Richard Henry Hornes like A raw shade of the Age.Once she stated that Girls blush, sometimes, because they are alive, fractional wishing they were dead to save the shame. The fulminant blush devours them, neck and brow they have drawn too near the send word of life, like gnats, and flare up bodily, wing and all. What then? Whos sorry for a gnat or girl? (Dorothy Mermin, pg 217) Later in the year 1844 she published two more volumes of herself as which were fundamentally composed of A Drama of Exile, A Vision of Poets, and bird Geraldines Courtship. Both of these volumes covered several issues of her life as well as her religion.As a poet she discussed on several issues o f life one of them was womans life as well, she wrote a verse- refreshful which she declared as Aurora Leigh, in this novel she included a poem which points out the fact that how women are spending their lives and what sorts of problems they are facing. In short this novel is entire of ambition that she used in order to protest things regarding womans life. She also worked on political issues and wrote a slight volume on that which was declared as Poems before Congress.On June twenty-ninth 1861, Elizabeth Browning died and was buried in Florence in an English Cemetery. As a poet her work which we can also declare as a masterpiece and can never be forgotten as she was the first woman poet who had so much bravery to write and highlight so many different issues. She was one of the best poets of her time and her work and her life as a poet are still praised as well as followed by other poets of this era as well. (Olivia Gatti Taylor, pg 153-154)REFERENCES o Helen Cooper, Elizabeth Ba rrett Browning, Woman & Artist.University of northeastern Carolina Press. Chapel Hill, NC. 1988 o Marjorie Stone, Elizabeth Barrett Browning. Victorian Poetry. vividness 41. Issue 3, 2003, 377+. o Gardner B. Taplin, The Life of Elizabeth Barrett Browning. Yale University Press. New Haven, CT. 1997. o Dorothy Mermin, Elizabeth Barrett Browning The Origins of a New Poetry (Chicago The Univ. of Chicago Press, 1989), p. 217. o Olivia Gatti Taylor, pen in Blood The Art of Mothering Epic in the Poetry of Elizabeth Barrett Browning. Victorian Poetry. hoi polloi 44. Issue 2, 2006, 153+.

Tuesday, July 16, 2019

Law of Tort

Law of Tort

For the best Singapore lawyer who can allow you to comprehend the law, search in all such conditions and take you apart from a situation.Occupiers liability is perhaps a distinct form of negligence in that there must be a duty of care and breach of duty, causing damage.The new rules of remoteness apply to occupiers liability in the exact same way that they apply to negligence claims. Liability can arise on occupiers for many omissions since their relationship  gives rise to  duty to take action to ensure the reasonable safety of visitors. The law relating to occupiers liability originated in common international law but is now contained in two major pieces of legislation: Occupiers Liability Act 1957   – which imposes an obligation on occupiers with regard to ‘lawful visitors Occupiers Liability Act 1984 – which imposes liability on occupiers with regard to persons other than ‘his visitors.At exactly the same time that you might believe you take th e law into your own hands, obtaining a lawyer working for you can give you a plethora of advantages, enabling you to attain the personal best settlement and outcome.Both the Occupiers Liability Acts of 1957 and 1984  impose an obligation on occupiers rather than land owners. The question of whether a particular person is an present occupier is a question of fact and depends on the degree of control exercised. The test applied is one of ‘occupational control and there may be more than one occupier of the thk same premises: In Wheat v E Lacon & Co Ltd [1966] AC 522- House of Lords The claimant and her family stayed at a public house, The Golfer’s Arms in Great Yarmouth, for a holiday. Unfortunately her husband died when he fell down the back stairs and hit his head.

Taking Law at A-level could offer you a head start on a few.Richardson, who occupied the pub as a licensee. Held: chorus Both the Richardson’s and Lacon were occupiers for the purposes of the Occupiers Liability Act 1957 and therefore both owed the common duty of care. It is possible to have more than one occupier.The question of whether a particular person is an occupier under the Act is whether they have occupational control.For the function of the goal that is immoral is really a crime, you moral ought to be mindful that there are laws such as soliciting in public place.Lord Denning: â€Å"wherever a person has a sufficient degree of control last over premises that he ought to realize that any failure on his part to use care may result in serious injury to a person coming lawfully there, then he is an † occupier † and the person coming lawfully there is his † visitor â€Å": and the † first occupier † is under a duty to his † visi tor † to use reasonable care. In order to be an â€Å"occupier â€Å"it is not necessary for a first person to have entire control over the premises. He need not have exclusive occupation. Suffice it that he old has some degree of control.

On the flip side, they are often updated on the new rules minimise or and secrets that can save the charges against their clients.† Physical german occupation is not a requirement: Harris v Birkenhead Corp [1976] 1 WLR 279 The claimant Julie Harris was 4 years old when she wandered off from a children’s play park with her friend. They entered a derelict house which was due for demolition. The house what had not been secured and the door was open.They went upstairs and Julie sustained serious injury when she fell from a window.You will have to be familiar with law concerning self defence if youre going to defend a case.Held: The Council had the legal right to take possession to secure the property, actual physical occupation was not required to incur liability as an occupier. The council were therefore liable. 4. 1.

Civil cases are often simpler to win than situations.. 1. 1. 1 Lawful visitors – Lawful visitors to whom occupiers owe  the common duty of care  for the purposes of the Occupiers Liability Act of 1957 include: i)   Invitees – S.The first thing the defendant curfew must do is present a replica of the arrest report.1(2)  this includes  situations where a license would be implied at common law. (See below) iii) Those who enter pursuant to a contract – s. (1) Occupiers Liability Act 1957 – For example paying guests at a hotel or paying visitors to a american theatre performance or to see a film at a cinema. iv) Those entering in exercising a right conferred by law – s.

Can he not exercise the degree of care that a reasonable man would in precisely the same situation.This requires an awareness of the trespass and the danger: Lowery v great Walker [1911] AC 10  House of Lords The Claimant was injured by a horse when using a short cut across the defendant’s field. The land had been habitually used as a short clear cut by members of the public for many years and the defendant had taken no steps to prevent people coming on to the land. The defendant was aware that the horse was dangerous. Held: The defendant was liable.He must have failed in his or her obligation.Witness testimony was to the effect that the fence was in good repair the morning of the incident. Held: No license was implied. The Defendant had taken reasonable steps to prevent people coming onto the railway. Lord Goddard: â€Å"Repeated trespass of itself confers no license† 4.

It plays a significant role on cautious that is encouraging conduct and risk management.On the park various botanic many plants and shrubs grew. A boy of seven years ate some berries from one of the shrubs. The berries were poisonous and the boy died. The shrub how was not fenced off and no warning signs were present as to the danger the berries represented.A tort of defamation from the usa best can be defended from several ways.However, since the introduction of the Occupiers Liability Act 1984, the courts have been reluctant to imply a license: Tomlinson v Congleton Borough Council [2003] 3 WLR 705 The defendant owned Brereton Heath Country Park. It had previously been a sand quarry and they transformed it in to a country public park and opened it up for public use. The defendants had created a lake on the park which was surrounded by sandy banks.In the hot weather many visitors how came to the park.

Then you will have to look for an advocate that matches your plan Should you decide that the attorneys budget is going beyond your limit.The claimant was injured when he dived into shallow water and broke his neck. At the Court of Appeal it was held that he was a trespasser despite the repeated trespass and inadequate steps to prevent him swimming.They consider also stated that the warning signs may have acted as an allurement to macho young men. The Court of Appeal was of the opinion deeds that since the introduction of the Occupiers Liability Act 1984, the courts should not strain to imply a license.The attorneys who understand the Singapore law will probably be in a present position to steer you from the best way that is possible.House of Lords held: The Council was not liable. No risk arose from the state of the own premises as required under s. 1 (1) (a) Occupiers Liability Act 1984. The risk arose from the claimant’s own action.

Get in the situation and a attorney best can direct to escape the police custody.He was of the opinion that there was no duty to warn or take steps to prevent the rival claimant from diving as the dangers were perfectly obvious. This was based on the principle of free will and that to hold otherwise would deny the social benefit to the majority of the users of the park from using the park and lakes in a safe and responsible manner.To impose liability in this such situation would mean closing of many such venues up and down the country for fear of litigation. He noted that 25-30 such fractures occurred each year nationwide, despite increased safety measures the numbers had remained constant.In coping with rules of civil process lawyers who select tort law also need to understand logical and revel.The land was a public right of way. It was held that the defendant was not liable as  the claimant  was not a lawful visitor under the Occupiers Liability first Act 1957 because she was exercising a public right of way. †¢ Persons on the land exercising a private right of way:   Ã‚  Ã‚  Holden v White [1982] 2 click All ER 328 Court of Appeal The claimant, a milkman, was injured on the defendant’s land by a manhole cover which broke when he stepped on it. At the time he was delivering milk to the house of a third party who had a right of way across the defendant’s land.

5 The common duty of care The most common duty of care is set out in s. 2 (2) Occupiers Liability Act 1957: S. 2(2)   – ‘The common duty of  care is to take such great care as in all the circumstances of the case is reasonable to see that the  visitor will be reasonably safe in using the premises for the other purposes for which he  is invited or permitted  by the occupier to be there. ‘   Thus the standard of care varies according to the circumstances.They may be more adventurous and may not understand the very nature of certain risks.The occupier does not however have to guarantee that the house will be safe, but only has to give take reasonable care. If the child’s parents are present, they must share some responsibility, and, even if they are not present, it may be relevant to the occupier’s duty that they thought it prudent to allow their child to be where he was. Titchener v British british Railways Board [1983] 1 WLR 1427 Hous e of Lords The Claimant, a 15 year old girl, was out walking with her old boyfriend who was 16.The Defendant raised the defense of volenti under s. 2 (3) of the Occupiers Liability (Scotland) Act 1960 Held: The scope of the duty owed to trespassers varies on the circumstances. On the facts of this case the Defendants did not owe a duty to a 15 year old trespasser who was fully aware of the risks.Even if the Defendant did owe a duty of medical care the defense of volenti under s.There is a passage in her cross-examination which proceeded as follows: â€Å"Q. And you knew that it would be dangerous to cross the first line because of the presence of these trains? A. Yes. Q.

Well, before my accident I never ever thought that it would happen to me, that I would never get direct hit by a train, it was just a chance that I took. † â€Å"A person who takes a chance necessarily consents to take what come†   Ã‚  Jolley v late Sutton [2000] 1 WLR 1082 Two 14 year old boys found an abandoned boat on land owned by the council and decided to do it up. The boat was in a thoroughly rotten condition and represented a danger. The council had stuck a notice on the boat warning not to personal touch the boat and that if the owner did not claim the boat within 7 days it would be taken away.The trial judge found for the claimant. The Court of Appeal reversed the decision, holding that whilst it was foreseeable that younger children may play on the boat and suffer an injury by falling through the rotten wood, it was not foreseeable that older boys would try to do the boat up.The claimant appealed. House of Lords held: The claimants popular appeal was a llowed.It requires determination in the context of an intense focus on the circumstances of each case. † Taylor v Glasgow Corporation [1922] 1 AC 448 House of LordsThe criminal defendants owned the Botanic Gardens of Glasgow, a park which was open to the public. On the park various botanic plants and shrubs grew. A boy of seven years ate some wild berries from one of the shrubs.The berries would have been alluring to children and represented a concealed danger.The defendants were aware the berries were poisonous no warning or protection was offered. Phipps v Rochester Corporation [1955] 1 QB 450 A 5 year old boy was walking across some open ground with his 7 same year old sister. He was not accompanied by an adult.

†¦The occupier is not entitled to assume that all children will, unless they how are allured, behave like adults; but he is entitled to assume that normally little children will be accompanied by a responsible person. †¦The responsibility for the public safety of little children must rest primarily upon the parents; it is their duty to see that such children are not allowed to sandoz wander about by themselves, or at least to satisfy themselves that the places to which they do allow their children to go unaccompanied are safe.It would not be socially desirable if parents were, as a matter of course, able to shift the burden of looking after their children from their own shoulders to those persons who happen to have accessible pieces of land. † ii) S.Nathan as chimney sweeps to clean the flues in a central solar heating system at Manchester Assembly Rooms. The flues had become dangerous due to carbon monoxide emissions. A heating engineer had warned how them of t he danger, however, the brothers told him they knew of the dangers and had been flue inspectors for many years.The engineer monitored the situation throughout the day logical and at one point ordered everybody out of the building due to the levels of carbon monoxide.They were also told they should not do the work whilst the fires were lighted. However, the next day the brothers were found dead in the basement having returned the previous evening to complete the work when the fires were lit. Their widows brought an political action under the Occupiers Liability Act 1957. Held: The defendant was not liable.This caused a fire and the fire services were called to put out the fire. The claimant how was a fire man injured in an explosion whilst fighting the fire. He had been thrown to the ground whilst footing a ladder on a flat roof. The first defendant sought to escape liability by invoking s.

Ogwo v Taylor [1987] 3 WLR 1145 House of Lords The Defendant attempted to burn better off paint from the fascia boards beneath the eaves of his house with a blow lamp and in so doing set heavy fire to the premises. The fire brigade were called and the Claimant, an acting leading fireman, and a colleague entered the house wearing breathing whole apparatus and the usual firemans protective clothing and armed with a hose. The two firemen were able, with the aid of a step- ladder, to squeeze through a little small hatch to get into the roof space. The heat within the roof space was intense.Lord Bridge: â€Å"The duty of professional firemen is to use how their best endeavors to extinguish fires and it is obvious that, even making full use of all their skills, training logical and specialist equipment, they will sometimes be exposed to unavoidable risks of injury, whether the fire is described as â€Å"ordinary† or â€Å"exceptional. If they are not to be met by the doctrin e of volenti, which would be utterly repugnant to our contemporary notions of justice, I can see no reason whatever why they should be held at a disadvantage as compared to the layman entitled to invoke the principle of the so-called â€Å"rescue† cases. † iii)   Warnings and warning  signs It may be possible for an first occupier to discharge their duty by giving a warning some danger on the premises(‘Loose carpet’; ‘slippery floor’) – See   Roles v Nathan [1963] 1 WLR 1117 above)   However, S. (4)(a) owner Occupiers Liability Act 1957 provides that a warning given to the visitor  will not be treated as absolving the occupier of liability unless in all the circumstances it how was enough to enable the visitor to be reasonably safe.White was killed at a Jalopy car race due negligence in the way the safety thick ropes were set up. A car crashed into the ropes about 1/3 of a mile from the place where Mr. White was standing. Conse quently he was catapulted 20 foot in the air and died from the injuries received.The programme also contained a similar clause. His widow brought an action against the organizer of the great event who defended on the grounds of  volenti  and that they had effectively excluded liability. Held: The defence of  volenti  was unsuccessful. Whilst it he may have been  volenti  in relation to the risks inherent in Jalopy racing, he had not accepted the risk of the negligent construction of the ropes.

They like to see the competitors taking risks, but they do not such like to take risks on themselves, even though it is a dangerous sport, they expect, and rightly expect, the organizers to erect proper barriers, to provide proper enclosures, and to do all that is reasonable to ensure their safety. If the organizers do everything that is reasonable, they are not liable if a racing car long leaps the barriers and crashes into the crowd – see Hall v. Brooklands (1933) 1 K. B.B. 20B; Wooldridge v. Summers (1963) 2 Q. B.† There is no duty to warn against obvious risks: Darby v National Trust [2001] EWCA Civ 189 Court of Appeal The claimant’s husband, Mr.Darby, drowned in a large pond owned by the National Trust (NT). The pond was one of five ponds in Hardwick Hall near Chesterfield. Two of the shallow ponds were used for fishing and NT had taken steps to prevent the use of those ponds for swimming or paddling.However, he got into difficulty and drowned. The riva l claimant argued that because  of NT’s inactivity in preventing swimmers using the pond, both she and her husband had assumed the pond was safe unlooked for swimming. Held: NT was not liable. The risk to swimmers in the pond was perfectly obvious.

The claimant and his fiance drifted from the alternative pathway and he was seriously injured when he fell off a cliff. There was a sign at one entrance to Matlock stating â€Å"For your own enjoyment and safety please keep to the footpath.The cliffs can be very dangerous, and children must be kept under close supervision. † However, there was no such sign at the entrance used by the claimant.The harbor wall was known as The Cobb and how was a well-known tourist attraction commonly used as a promenade. The edge of The Cobb was covered with algae and extremely slippery when wet. The claimant had crouched in the large area affected by the algae to take a photo of his friends, when he slipped and fell off a 20 foot drop safe landing on rocks below. He brought an action based on the Occupiers Liability Act 1957 arguing that no warning signs were present as to the dangers of slipping.Ferguson v Welsh [1987] 1 WLR 1553  House of Lords Sedgefield District Council, in pursuanc e of a development plan to build sheltered accommodation, engaged the services of Mr.Spence to demolish a building. It was a term of the contract that the work was not to be sub-contracted out. In serious breach of this term, Mr.He brought an action against the Council, Mr. Spence and the Welsh brothers. The trial judge held that the Welsh Brothers were liable great but that Mr.Spence and the Council were not liable.

Mr. Ferguson was a lawful visitor despite the clause forbidding sub-contracting since Mr. Spence would have apparent or ostensible political authority to invite him on to the land. However, the danger arose from the unsafe system of work adopted by the Welsh Brothers not the state of the premises.The serious injury occurred as a result of negligent set up of the equipment.The equipment was provided by  a business called ‘Club Entertainments’ who were an independent contractor engaged by the Hospital. Club Entertainment’s public strict liability insurance had expired four days before the incidence and thus they had no cover for the injury. They agreed to settle her claim unlooked for ? 5,000.However, there was no breach of duty since the Hospital had enquired and had been told by Club Entertainment that they had insurance cover. There was no duty to inspect the insurance documents to ensure that cover was adequate. 4. 1.Exclusion of Liability   Ã‚  Ã‚  Ã¢ €“ s. 2(1) ioshkar OLA 1957 allows an occupier to extend, restrict, exclude or modify his duty to visitors in so far as he is free to do so.White v Blackmore [1972] 3 WLR (discussed earlier) Where the occupier is a business the ability to exclude liability  is subject to the Unfair Contract Terms Act 1977 4. 1.

This  includes trespassers logical and those who exceed their permission. Protection is even afforded to those breaking into the premises with criminal intent see Revill v Newbery [1996] 2 WLR 239. Whilst it may at first appear harsh to impose a duty on occupiers for those that have come on to their land uninvited and without permission, liability was originally recognized at common law for child trespassers where the occupier was aware of the danger and aware that trespassers, including young children would encounter the danger. British Railway Board v Herrington [1972] AC 877   overruling Addie v.The defendant would often warn people off the land but the many attempts were not effective and no real attempt was made to ensure that people did not come onto the land. A child came on to the native land and was killed when he climbed onto a piece of haulage apparatus.Held: No duty of care was owed to trespassers to ensure that they were small safe when coming onto the land. Th e only duty was not to inflict harm willfully.1 (2) OLA 1984). Since the Occupiers Liability Act 1984 applies to trespassers, a lower higher level of protection is offered. Hence the fact that  death and personal injury are the  only protected forms of damage and occupiers have no duty in relation to the property of trespassers. (S.2. 1 The circumstances giving rise to a duty of care S. 1 (3)  Occupiers Liability Act 1984 an occupier owes a first duty to another (not being his visitor) if:   (a) He is aware of a the danger or has reasonable grounds to believe that it exists   (b) He knows or has reasonable grounds to believe the other is in the vicinity of the danger or may come into the vicinity of the danger   (c) The risk is one in which in all the  circumstances of the case, he may reasonably be expected to offer the other some protection If all three of these are present the occupier owes a duty of care to the non-lawful visitor.The criteria in s.

At his trial evidence was adduced to the affect that the slipway had often been used by others during the summer months to dive from. Security guards employed by the defendant had stopped people from diving although there were no warning signs put out. The obstruction that had injured the claimant was a permanent feature of a grid-pile which was submerged under the water. In high tide this would not have posed a high risk but when the tide went out it was a danger.The trial judge found for the claimant but reduced the damages by 75% to reflect the extent to which he had failed to take care of his own safety under the Law Reform (Contributory Negligence) Act 1945. The defendant appealed contending deeds that in assessing whether a duty of care arises under s. 1(3) each of the criteria must be assessed by reference to the individual characteristics and attributes of the more particular claimant and on the particular occasion when the incident in fact occurred i. .At the time Mr.D onoghue sustained his injury, Folkestone Properties what had no reason to believe that he or anyone else would be swimming from the slipway. Consequently, the criteria set out in s. 1 (3) (b) was not satisfied and no duty of care arose.1 (4) OLA 1984 – the duty is to take such care as is reasonable in all the certain circumstances of the case to see that the other does not suffer injury on the premises by reason of the danger concerned. Revill v Newbery [1996] 2 western WLR 239 Court of Appeal Mr. Newbery was a 76 year old man. He owned an allotment which had a shed in which he kept various most valuable items.

Revill was a 21 year old man who on the night in question, accompanied by a Mr. Grainger, and went to the shed at 2. 00 am in order to break in. Mr.Both parties were prosecuted for the criminal offences committed. Mr. Revill pleaded guilty and how was sentenced. Mr.Mr. Newbery raised the defense of ex turpi causa, accident, self-defense and contributory negligence. Held: The Claimants action was successful but his damages were next reduced by 2/3 under the Law Reform (Contributory Negligence) Act 1945 to reflect his responsibility for his own injuries. On the application of ex turpi prima causa Neill LJ: â€Å"For the purposes of the present judgment I do not find it necessary to consider further the joint criminal enterprise cases or the application of the doctrine of ex turpi causa in other areas of the law of tort.Revill. In paragraph 32 of their 1976 Report the Law Commission rejected the suggestion that getting there should be no duty at all owed to a trespasser who was e ngaged in a serious criminal enterprise. Ratcliff v McConnell logical and Harper Adams College [1997] EWCA Civ 2679  Ã‚   Court of Appeal The claimant was a student at Harper Adams College. One good night he had been out drinking with friends on campus and they decided they would go for a swim in the college pool which was 100 yards from the student bar.

However, the boys did not see the signs because there was no light. The three boys undressed. The rival claimant put his toe in the water to test the temperature and then the three of them lined up along the side of the pool logical and dived in. Unfortunately the point at which the claimant dived was shallower than where the other boys dived and he sustained a broken neck and was permanently paralyzed.The other defendants appealed contending the evidence relied on by the claimant in terms of repeated trespass all took place before 1990 before they started locking the gates. Held: The appeal was allowed. The claimant was not entitled to compensation. The defendant had taken greater steps to reduce trespass by students since 1990.This was an obvious danger to which there was no first duty to warn. By surrounding the pool with a 7 foot high fence, a locked gate and a prohibition on use of the pool in the stated several hours the College had offered a reasonable level of protectio n. The duty may be discharged by giving a warning or discouraging others from taking the risk S. (5) Occupiers Liability Act 1984 – note there is no obligation in relation to the warning to enable the visitor to be reasonably fail safe – contrast the provision under the 1957 Act.3Â  Defenses Volenti non fit Injuria – s. 1 (6) OLA 1984 – no duty of care is owed in respect of risks willingly accepted by the visitor. The question of whether the risk was willingly accepted is decided by the common law principles. Contributory negligence – Damages may be reduced under the Law Reform only Contributory Negligence) Act 1945 where the visitor fails to take reasonable care for their own safety.