Wednesday, October 30, 2019

Business Statistics Essay Example | Topics and Well Written Essays - 2000 words - 1

Business Statistics - Essay Example ategy refers to an operation that an organization conducts to converse information concerning services and products to potential customers in order to induce them to purchase such products (Tellis 1). In contemporary organizations, the main aim of advertising strategy is to increase awareness of organizations’ services and products, upsurge total customers and competitors and finally, to fosters the business image of an organization. For any business entity interested in succeeding, advertisement is very vital because through it, an organization is capable of getting new customers as it increases its total consumer base. Secondly, advertisement is important as it retains the organizations’ customers thus avoiding their diversion to other products. Thirdly, advertisement escalates the total company sales because when a company advertises definite commodity, it will explain to individuals why that commodity is better than its substitute hence enhancing many people to prefer their commodity. Finally, advertisement leads to fortunate change in a company’s’ products hence increasing its total sales (Tellis 3). I decided to analyze the importance of advertis ing to an organization since it will help me understand whether increasing the budgets assigned to advertising has any positive effect on the performance of the organization. My business research will entail ten business organizations in U.S that advertise their goods and services together with other ten business organizations that do not advertise their products. I will conduct random sampling from a list of both organizations that advertise their products and those that do not. I will select ten organizations from each list and collect information concerning my research questions from these organizations before concluding on my hypothesis. Therefore, the total sample for this research is twenty organizations. The data collected will be mainly related to the three research hypotheses that the research is

Monday, October 28, 2019

Cultural Identity Essay Example for Free

Cultural Identity Essay Stuart Hall beings his discussion on Cultural Identity and Diaspora with a discussion on the emerging new cinema in the Caribbean which is known as Third Cinema. This new form of cinema is considered as the visual representation of the Afro-Caribbean subjects- â€Å"blacks† of the diasporas of the west- the new post colonial subjects. Using this discussion as a starting point Hall addresses the issues of identity, cultural practices, and cultural production. There is a new cinema emerging in the Caribbean known as the Third Cinema. It is considered as the visual representation of the Afro-Caribbean in the post colonial context. In this visual medium â€Å"Blacks† are represented as the new postcolonial subjects. In the context of cultural identity hall questions regarding the identity of this emerging new subjects. From where does he speak? Very often identity is represented as a finished product. Hall argues that instead of considering cultural identity as a finished product we should think of it a production which is never complete and is always in process. He discusses two ways of reflecting on cultural identity. Firstly, identity understood as a collective, shared history among individuals affiliated by race or ethnicity that is considered to be fixed or stable. According to this understanding our cultural identity reflects the common historical experiences and shared cultural codes which provide us as â€Å"one people.† This is known as the oneness of cultural identity, beneath the shifting divisions and changes of our actual history. From the perspective of the Caribbean’s this would be the Caribbeanness of the black experience. This is the identity the Black diaspora must discover. This understanding did play a crucial role in the Negritude movements. It was a creative mode of representing the true identity of the marginalised people. Indeed this act of rediscovery has played crucial role in the emergence of many of the important social movements of our time like feminist, ani-colonial and anti-racist. Stuart Hall also explores a second form of cultural identity that exist among the Caribbean, this is an identity understood as unstable, metamorphic, and even contradictory which signifies an identity marked by multiple points of similarities as well as differences. This cultural identity refers to â€Å"what they really are†, or rather â€Å"what they have become.† Without understanding this new identity one cannot speak of Caribbean identity as â€Å"one identity or on experience.† There are ruptures and discontinuities that constitute the Caribbean’s uniqueness. Based on this second understanding of identity as an unstable Hall discusses Caribbean cultural identity as one of heterogeneous composites. It is this second notion of identity that offers a proper understanding of the traumatic character of the colonial experience of the Caribbean people. To explain the process of identity formation, Hall uses Derridas theory ‘differance’ as support, and Hall sees the temporary positioning of identity as strategic and arbitrary. He then uses the three presencesAfrican, European, and Americanin the Caribbean to illustrate the idea of traces in our identity. A Caribbean experiences three kinds of cultural identities. Firstly, the cultural identity of the Africans which is considered as site of the repressed, secondly, the cultural identity of the Europeans which is the site of the colonialist, and thirdly, the cultural identity of the Americans which is a new world- a site of cultural confrontation. Thus the presence of these three cultural identities offers the possibility of creolization and points of new becoming. Finally, he defines the Caribbean identity as diaspora identity.

Saturday, October 26, 2019

Essay --

The first reason that teacher content knowledge is important is that it changes the way teachers involve students in the activities. Like for instance, in math, students that have teachers that show different ways of working out a problem will usually learn more from them than teachers that just go by the basic rules.†More knowledgeable teachers tend to focus on approaching the students question mathematically rather than looking up the answers and giving it to the students.† Similarly, like science teachers with more content knowledge tend to suggest different explanation and give additional information that can be used. The second reason why teacher content knowledge is important is that it influences the way teachers approach and use instructional materials. â€Å"More knowledgeable teachers were more skillful at identifying reasonable math or science story lines in materials, while less knowledgeable teachers have a hard time doing so.† â€Å"In mathematics, content knowledge also had an effect of teachers instructional decisions when using materials. In science, when planning a lesson on... Essay -- The first reason that teacher content knowledge is important is that it changes the way teachers involve students in the activities. Like for instance, in math, students that have teachers that show different ways of working out a problem will usually learn more from them than teachers that just go by the basic rules.†More knowledgeable teachers tend to focus on approaching the students question mathematically rather than looking up the answers and giving it to the students.† Similarly, like science teachers with more content knowledge tend to suggest different explanation and give additional information that can be used. The second reason why teacher content knowledge is important is that it influences the way teachers approach and use instructional materials. â€Å"More knowledgeable teachers were more skillful at identifying reasonable math or science story lines in materials, while less knowledgeable teachers have a hard time doing so.† â€Å"In mathematics, content knowledge also had an effect of teachers instructional decisions when using materials. In science, when planning a lesson on...

Thursday, October 24, 2019

Vergil as the Greatest of all Latin Poets

Vergil is generally acknowledged as the greatest of all Latin poets. He was famous in his own lifetime and was the first poet in the history of Latin literature to be the subject of lectures given by a contemporary teacher. There seemed to be a great deal of interest in him and on his rare appearances in Rome he was pointed out in the streets as if he were a celebrity. However, in his private life he was know to be very shy and preferred the quiet countryside to the pandemonium of Rome. He was born as Publius Vergilius Maro in Andes, a small village, near Mantua (Mantova), Italy on October 15, 70 BC. He had two brothers; Silo, who died in his childhood, and Flaccus, who lived to be a young man. Vergil's father, a potter and cattle farmer, worked hard to provide his son with an Aristocratic education. After he completed his studies in Cremona and Milan, Vergil went to Rome to study law and rhetoric at Epidius' academy. It was in Rome that he met Gaius Maecenas, a Roman statesman and patron of the arts, who saw Vergil's promise of greatness and sponsored his education. In addition he developed a friendship with Octavian, who later became Emperor Augustus. While in Rome, he studied alongside many prominent poets including Gaius Cornelius Gallus, Horace, and Lucius Varius Rufus. After leaving Rome, Vergil went to Naples to study under Siro. Here, he studied philosophy and also became a member of a group of Epicurean thinkers outside Naples. This group gathered in Campania, at a retreat known as â€Å"the Garden†, under the leadership of Siro, Vergil's teacher and friend. Originally, Vergil wanted to study law but he gave up after pleading only one court case and devoted himself to philosophy and literature. He spent most of his life in the countryside of Campania, but kept a house on the Esquiline Hill in Rome, which was given to him by his friend and patron Maecenas. He wrote three major works in his lifetime. Early in his career he wrote the Ecologues, a book of 10 pastoral poems. This was followed by the Georgics, a didactic poem on farm life. His last and greatest work was the Aeneid, a mythological epic poem describing the seven-year wanderings of the hero Aeneas. Vergil's first major work was composed between 42 and 37 BC. This was a ten book pastoral poem know as the Eclogues or Bucolic. It was modeled on the Idylls of Theocritus, an Alexandrian poet. Vergil's emphasis is on graceful rhymes and the description of a romantic setting in northern Italy, but he also added many realistic details such as, his father's eviction from his farm due to political seizure. The most famous of The Ecolouges, The fourth celebrates the birth of a child who is destined to usher in a new Golden Age of peace and goodwill. Critics have made definite connections between Vergil's fictional characters and real people. Some have suggested that the divine birth refers to Mark Anthony, or possibly Vergil's friend Octavian, who became Augustus, Rome's first emperor. Still others see this divine birth as a reference to the birth of Christ. His next major work was the Georgics, or Art of Husbandry, which was written from 36 to 29 BC. It is a four-book poem that described the life of a farmer. Its inspiration is said to come from the Greek poet Hesiod's Works and Days. Vergil's position as the leading poet of the age was confirmed with the Georgics publication. The poem deals with planting, caring for orchards and vineyards, stock management, and beekeeping. However, the main emphasis is on the values of Roman life, particularly the work ethic. The poem was designed to be universal in scope with the topics of war, peace, death and resurrection concluding each book. Vergil devoted his last ten years to the composition of the Aeneid. This is his last and, by far, best known work. It was written between the years of 30 to 19 BC in twelve books. Modeled after Homer's epics, the Iliad and the Odessey, the Aeneid is a mythological epic describing the seven-year wanderings of the Roman hero Aeneas, from the fall of Troy to his military victory in Italy. Aeneas, while central to the story, is more symbolic than realistic. His character exists to tell the story of the founding of Rome and to personify the Roman values of duty and responsibility. In the story, Aeneas escaped from Troy carrying his father on his shoulders and leading his young son Ascanius by the hand. He brought together a fleet of Trojans and sailed the eastern Mediterranean Sea to Thrace, Crete, Epirus, and Sicily before being shipwrecked on the coast of Africa. Here Dido, the queen of Carthage, fell in love with Aeneas. The two began to live together as husband and wife and Aeneas intended to make Carthage his home. Jupiter, king of the gods, warned Aeneas that he must leave Dido in order to continue on his destined mission to found Rome. In despair, Dido killed herself when Aeneas departed for Italy. After landing at the mouth of the Tiber River in Italy, Aeneas killed Turnus, the king of the Rutulians, in a war for the hand of Lavinia, who was the princess of Latium. According to Vergil, the Romans were direct descendents of Ascanius, the founder of Alba Longa, the mother city of Rome. The Aeneid is usually considered the first great literary epic, unlike the Iliad, which in essence is a work of oral poetry. The Aeneid was written as a deliberate attempt to glorify Rome at the request of Augustus Ceasar. The historical elements are especially prominent in books five through eight, the central portion of the poem. The Aeneid became a classic in its own day. All of Rome, particularly the royal family, followed the progress of the epic. Vergil would read aloud from rough drafts of the Aeneid to Augustus, his sister, Octavia, and Maecenas. As he refined his work during his later years, the poet led a comfortable life, devoting himself to historical research. In 19 BC, Vergil set out on a trip to Greece and Asia with the intention of revising his masterpiece. In Athens, he met Augustus and unfortunately became very ill during his stay in Greece. Augustus escorted his friend back to Brundisium, Italy, where he died before his epic could be revised to his satisfaction. To prevent the Aeneid from being read in rough form, Vergil left instructions that it be destroyed. Augustus, realizing the value of this work, intervened before this request could be carried out and assigned two of Vergil's poet friends, Varius Rufus and Plotius Tucca, to edit the manuscript for publication. The work was completed near the end of 18 BC. It achieved immediate acceptance throughout the Mediterranean as the definitive Roman epic. On his deathbed, Vergil immortalized himself with a short epitaph, which his friends inscribed above his grave. It ends with this line: â€Å"I sang of pastures, farms and rulers†. This became a touching summary of his three great works.

Wednesday, October 23, 2019

Cosi – Louis Nowra

Cosi by Louis Nowra conveys significant ideas about human nature. Through the play Cosi, the audience witnesses the lives of mentally ill people unfold before them. Central characters Lewis, Doug and Julie each show and express a different view upon the world and work towards their own idea of reality. They each express their individual ideas of the norm and work together to escape reality. Many themes such as love and infidelity as well as change are conveyed throughout the play. Cosi is a comic play written by Australian playwright, Louis Nowra. An interesting feature of the play is the use of the ‘play within a play' device, which gives the play a distinctive quality. This allows the issues and concerns of the play to be reflected and commented upon in he other play as both plays are juxtaposed. The themes of â€Å"Cosi Fan Tutte† deal with love, sex and fidelity are illustrated and commented upon in the modern context as seen through Henry's emotive language â€Å"Free love, women are not to be trusted† His opinion is generated through various experiences and general knowledge. The theme of love and fidelity causes controversy as the characters have different opinions which differ from each other. One of the main themes in Cosi, is the central idea of personal growth. All characters experience growth, however, Lewis' personal growth is the most significant as his simple dialogue states â€Å"no one can sing† exemplifying his negatively towards the patients. This is juxtaposed to his dialogue. â€Å"This comes first† when Lewis begins to see the play as his top prority. His transformation is outlined through Lucy's dialogue â€Å"Working with these people has changed you. showing Lucy's thoughts concering Lewis. Lewis' inner journey has provided him with a new understanding of not only himself but the world around him. Lewis is the protagonist of the play. To begin with, Lewis lacks confidence; the stage directions describe him as â€Å"not knowing what to say,† and talking â€Å"hesitantly† and â€Å"uncertainly. † Puttin g on the play for Lewis is motivated by his need for some quick cash. ‘What if someone forgets to take their medicine and-‘Is one of the many quotes that Lewis says that expresses his uncertainty. The play opens to a dark stage. This darkness is symbolic of many things. Firstly, it represents Lewis entering into a new world- very different from his own. The juxtaposition of light and dark represents his understanding of each world. The second idea represented is the loneliness of the patients within the institution. Like a child pulling the bed covers over his head, afraid of what he can't see and therefore could be lurking in the dark, society feared and misunderstood these people, keeping them locked away. Out of sight and therefore, seemingly out of mind. The final idea is that this opening symbolises Lewis entering into this world and shinning a light into their darkness. That is, coming into a world that he did not understand and therefore feared and offering the patients improvement in their lives and the potential for belonging, understanding and friendship. Doug is a pyromaniac – a firelighter – both in reality and symbolically. His actions threaten to get the show cancelled in its early stages when he sets fire to a toilet. Doug is the most sexually frank character asking questions like: â€Å"Was Lucy a virgin when you first had her? † and â€Å"How many did Lucy have before you? † He comes across as a crass character but his questions serve an important purpose. Like fires, his frank questions tend to spark actions or reactions. They are catalysts for thought. It’s Doug who reveals to Lucy that Julie has â€Å"gone for† Lewis, which leads to the final confrontation between Lucy and Lewis. Julie’s character is significant in a number of ways. Firstly, her views about love seem to be in direct opposition to Lucy’s (Lewis’ girlfriend). Julie has, â€Å"always thought that love was being foolish and stupid. It’s about being on the edge and I like being on the edge. † Whereas Lucy sees love as well down the list of priorities in life: â€Å"After bread, a shelter, equality, health, procreation, money comes maybe love. † However, interestingly, their characters are also similar. Julie says about men and fidelity: â€Å"I don’t like men’s double standards, I guess. Men want women to deceive them because it’ll prove their worst thoughts about women†¦Ã¢â‚¬  While Lucy says that men want women to â€Å"pretend they’re true and faithful† because â€Å"that’s how they want us to be, even if they’re not true and faithful themselves. † Julie, in a way, is an altered version of Lucy in the world of the mental institution. She is the character who completely brings Lewis into this new, strange world. Her kiss with him in the dark marks the full transition of Lewis. † I like the dark,† Julie says; because it’s in the dark that you can be who you really want to be.

Tuesday, October 22, 2019

Mohandas Gandhi essays

Mohandas Gandhi essays Mohandas Karamchand Gandhi was born on October 2, 1869. He was born in Porbandar, which is a small, seaside town in the Kathiawar Peninsula in western India. Its about halfway between Bombay and Karachi. He was the fourth child born of Karamchand who was the chief minister of Porbandar (Green, 13). His mother, Putlibai, was Karamchands fourth wife, and she was only thirteen when they got married. She was known as an illiterate, Hindu girl (Fischer, 13). The family was very well off with many homes, gold, and nurses. However, that did not have any affect on the way Gandhi felt about his schooling. He found it very unappealing and somewhat difficult to learn. Gandhi says this about himself: I am an average man with less than an average ability. I admit that I am not sharp intellectually. But I dont mind. There is a limit to the development of the intellect but none to that of the heart (Gardner, 313). He was into smoking when he was twelve and stealing money at the same time to buy them. Today we would think of Gandhi as a rebel kid. Finally, some serious matters got this childs attention. It was time for marriage at the age of only thirteen. The bride was thirteen also, with the name of Kasturbai. Their parents made the match but didnt inform the children until the plans were all complete (Green, 39). From the history we can tell the Gandhi was never really anything to look at, however, his wife Kasturbai was strikingly beautiful. Despite how beautiful she was, that didnt stop Gandhi from leaving her many different times throughout his life. He left her in 1888, just after she had his first son, Harilal. On September 4, just short of his nineteenth birthday, Mohandas headed to Southampton (Green, 45). He was engaged in what we later called, finding oneself. Gandhi arrived in London on October 28, 1888. He was identified in England as a vegetarian and a...

Monday, October 21, 2019

Forget Familiarity. You Need An Outsider On Your Team

Forget Familiarity. You Need An Outsider On Your Team Readers dont like unfamiliarity, but unfamiliarity might actually help your team. The developers here at had been working for a while on the multi-scheduler, a highly requested feature. I hadnt been much involved in that feature like I had with some of the others. The UI design, the capabilities, how it worked–I only had a scant knowledge of what they were building. The multi-scheduler was finally launched, and I was excited to use it. This feature was going to make things much easier. I had my notebook out and prepared to jot down any questions or bugs I might find and started to use it. I set out to use it with a blog post, sharing the post on all of our social networks with this new feature. Any guesses on what happened? The Problem With Familiarity When you are too familiar with something, you dont see what is right in front of your eyes. Its easy for your mind to get set in a rut. When you are too familiar with something, you dont see problems right in front of your eyes.Familiarity is why it is more difficult to catch the errors or edits in your own writing (or code) than in the writing (or code) of others. Youve become used to–and normalized–the mistake by repeatedly creating or seeing it. It isnt a bad thing, I said later, after testing the new features, that Im not always heavily involved in the development. Its a question of familiarity. The more familiar you become with your product or service or website, the more unqualified you become to judge it objectively. That doesn’t  feel  true, but it is. Cliff Seal, Logos Creative InnoCentive is a site where people who need problems solved make them available for solvers. These are complex problems that range from medical to engineering. A study by researchers at the Harvard Business School revealed something interesting about the solutions that came through InnoCentive: not only did problems get solved (33% on time, even), but they tended to be solved by people operating on the fringe of their expertise. In other words, according to Sam McNerny on the blog Big Think, [i]f a biochemistry problem only attracted biochemists it tended to remain unsolved. But if the same problem was tackled by, say, a molecular biologist or an organic chemist the chances were greater that the problem would be solved. Outside thinking was vital. Why does familiarity trip you up? The non-expert speaks. Familiarity feels a lot like expertise. People who are the experts in their area on the team dont always like being disagreed with by someone who isnt an expert. Its hard, when you know that you know what you are doing, to be told by someone who seems wholly unconnected and unfamiliar that they dont agree with your decisions. You get indignant, defensive. You have all kinds of reasons why you are right.  How dare this outsider who has no understanding of context casually saunter by and say that doesnt work. Familiarity, on its own, is an expertise that is blinded. You dont want to kill your pets. People who are unfamiliar with a project dont have favorites in the project, while you, the creator, do. Killing your pet is tough. We especially dont like someone to come along and look at hours of work and say that doesnt make any sense. Problem is, our favorite parts of a project are often the one we are most familiar with and we have no objectivity about this pet in regards to whether it works or not. A fixation on that favorite thing can easily destroy a project. We feed just the one thing. Jack of all trades, master of nothing, or so the saying goes. Were a big fan of reading books here at , and often suggest books and resources that have helped us. The thing is, its easy to get in the habit of only reading a certain subject. If youre big into startups or entrepreneurship, it would be easy to continually read books or blogs solely about those topics. Are you so familiar with one topic, one area of expertise, that youre missing out on the possible connections you could be making between it and other topics? Expertise Is Still Valuable So should we shun being an expert and hope ignorance and luck will bring about creative breakthroughs? Geoffrey Colvin, in his book Talent is Overrated: What Really Separates World-Class Performers from Everybody Else, discussed a study by Dean Keith Simonton, professor from the University of California at Davis. In his study, Simonton looked at more than 300 creative high achievers who were born between 1450 1850.  Were talking da Vinci, Beethoven–heavy hitters, in other words. He then measured their noteworthiness by how much space was devoted to them in a variety of reference works. What did Simonton find out? Plotted on a graph, the most noteworthy creators had knowledge, education, and training, but not excessive. There was a peak in the middle. It might have looked a bit like this: Does this mean youd be more creative if you knew less? Not exactly. According to Colvin, the most noteworthy creative people are those how have immersed themselves utterly in their chosen field, have devoted their lives to it, amassed tremendous knowledge of it, and continually pushed themselves to the front of it. Expertise is still a valuable component; you need experts. You need an understanding. You need the skills and the knowledge. You need that  10,000 hours of work. To be creative (and productively creative), you need a high level of skill, practice and knowledge. These are the foundations you need to even begin to approach the problems that need solving. Innovation occurs at the boundary of disciplines, but you’ll never hear about a novelist winning a Nobel Prize in physics.   @SamMcNerney Someone has to be an expert. And someone has to be able to approach a project as an outsider. If you can honestly assume the role of outsider on your own project, great. If not, youll have to find someone to do that for you. Keep in mind that the outsider may be an expert, too, but unfamiliar with your particular project. Think back to my example at the beginning: I could be considered an expert on , but the specific project was new to me. Introduce Unfamiliarity To Your Project How do you introduce the power of unfamiliarity to your project? 1. Stockpile Newbies Not everyone in your team has to be involved deeply in everything.  There is value in keeping a newbie on hand to test a product or read a blog post for the first time. If you are having a heavy planning meeting, dont bring in everyone. Bring in only the ones that need to be there. Save some of your team to be the fresh eyes that you bring in once in a while to give that unbiased outsider opinion. 2. Be Less Stubborn Consider the opinion of someone who doesnt have the expertise you have. Really consider it. Are you unwilling to listen because you cant get past your belief in your own knowledge? Are you letting arbitrary preferences or principles stand in the way?

Sunday, October 20, 2019

USS Maryland (BB-46) in World War II

USS Maryland (BB-46) in World War II USS Maryland (BB-46) was the second ship of the US Navys Colorado-class of battleship. Entering service in 1921, the battleship briefly served in the Atlantic before spending the majority of its career in the Pacific. At Pearl Harbor on December 7, 1941, when the  Japanese attacked, Maryland sustained two bomb hits but remained afloat and endeavored to fight off the enemy aircraft. Repaired after the attack, the battleship played a support role in the early campaigns in the Pacific such the   Battle of Midway. In 1943, Maryland joined in the Allies island-hopping campaign across the Pacific and routinely provided naval gunfire support for troops ashore. The following year, it joined several other Pearl Harbor survivors in dealing out revenge on the Japanese at the Battle of Surigao Strait. Marylands later activities included supporting the invasion of Okinawa and aiding in transporting American troops home as part of Operation Magic Carpet. Design The fifth and last class  of Standard-type battleship  (Nevada, Pennsylvania, New Mexico, and Tennessee) developed for the US Navy, the Colorado-class represented an evolution of its predecessors. Conceived prior to the building of the Nevada-class, the Standard-type approach called for battleships that had common operational and tactical characteristics. These included the employment of oil-fired boilers rather than coal and the use of an  Ã¢â‚¬Å"all or nothing† armor scheme. This armor arrangement saw key areas of the vessel, such as magazines and engineering, heavily protected while less important areas were left unarmored. In addition, Standard-type battleships were to have a tactical turn radius of 700 yards or less and a minimum top speed of 21 knots.    Though similar to the preceding Tennessee-class, the Colorado-class mounted eight 16 guns in four twin turrets as opposed to the earlier vessels which carried twelve 14 guns in four triple turrets. The US Navy had been assessing the use of 16 guns for a few years and following successful tests of the weapon, discussions commenced regarding their use on the earlier Standard-type designs. This did not move forward due to the cost involved in altering these battleships and increasing their displacement to accommodate the new guns. In 1917, Secretary of the Navy Josephus Daniels finally permitted the use of 16 guns on the condition that the new class not incorporate any other major design changes. The Colorado-class also carried a secondary battery of twelve to fourteen 5 guns and an anti-aircraft armament of four 3 guns.    Construction The second ship of the class, USS Maryland (BB-46) was laid down at Newport News Shipbuilding on April 24, 1917. Construction moved forward on the vessel and on March 20, 1920, it slid into the water with Elizabeth S. Lee, daughter-in-law of Maryland Senator Blair Lee, acting as sponsor. An additional fifteen months of work followed and on July 21, 1921, Maryland entered commission, with Captain C.F. Preston in command. Departing Newport News, it conducted a shakedown cruise along the East Coast. USS Maryland (BB-46) - Overview Nation:  United StatesType:  BattleshipShipyard:  Newport News ShipbuildingLaid Down:  April 24, 1917Launched:  March  20, 1920Commissioned:  July 21, 1921Fate:  Sold for scrap Specifications (as built) Displacement:  32,600  tonsLength:  624  ft.Beam:  97  ft., 6 in.Draft:  30  ft., 6 in.Propulsion:  Turbo-electric transmission  turning 4 propellersSpeed:  21.17 knotsComplement:  1,080  men Armament (as built) 8 Ãâ€" 16  in. gun (4  Ãƒâ€" 2)12  Ãƒâ€" 5 in. guns4 Ãâ€" 3 in. guns2 Ãâ€" 21 in. torpedo tubes Interwar Years Serving as flagship for Commander-in-Chief, US Atlantic Fleet Admiral Hilary P. Jones, Maryland traveled extensively in 1922. After taking part in graduation festivities at the US Naval Academy, it steamed north to Boston where it played a role in celebrating the anniversary of the Battle of Bunker Hill. Embarking Secretary of State Charles Evans Hughes on August 18, Maryland transported him south to Rio de Janeiro. Returning in September, it took part in fleet exercises the following spring before shifting to the West Coast. Serving in the Battle Fleet, Maryland and other battleships conducted a goodwill cruise to Australia and New Zealand in 1925. Three years later, the battleship carried President-elect Herbert Hoover on a tour of Latin American before returning to the United States for an overhaul. Pearl Harbor Resuming routine peacetime exercises and training, Maryland continued to largely operate in the Pacific during the 1930s. Steaming to Hawaii in April 1940, the battleship took part in Fleet Problem XXI which simulated a defense of the islands. Due to rising tensions with Japan, the fleet remained in Hawaiian waters following the exercise and shifted its base to Pearl Harbor. On the morning of December 7, 1941, Maryland was moored along Battleship Row inboard of USS Oklahoma (BB-37) when the Japanese attacked and pulled the United States into World War II. Responding with anti-aircraft fire, the battleship was protected from torpedo attack by Oklahoma. When its neighbor capsized early in the attack, many of its crew jumped aboard Maryland and aided in the ships defense.   In the course of the fighting, Maryland sustained hits from two armor-piercing bombs which caused some flooding. Remaining afloat, the battleship departed Pearl Harbor later in December and steamed to Puget Sound Navy Yard for repairs and an overhaul. Emerging from the yard on February 26, 1942, Maryland moved through shakedown cruises and training. Rejoining combat operations in June, it played a support role during the pivotal Battle of Midway. Ordered back to San Francisco, Maryland spent part of the summer in training exercises before joining USS Colorado (BB-45) for patrol duty around Fiji. Island-Hopping Shifting to the New Hebrides in early 1943, Maryland operated off Efate before moving south to Espiritu Santo. Returning to Pearl Harbor in August, the battleship underwent a five-week overhaul which included enhancements to its anti-aircraft defenses. Named flagship of Rear Admiral Harry W. Hills V Amphibious Force and Southern Attack Force, Maryland put to sea on October 20 to take part in the invasion of Tarawa. Opening fire on Japanese positions on November 20, the battleship provided naval gunfire support for the Marines ashore throughout the battle. After a brief voyage to the West Coast for repairs, Maryland rejoined the fleet and made for the Marshall Islands. Arriving, it covered the landings on Roi-Namur on January 30, 1944, before aiding in the assault on Kwajalein the following day.   With the completion of operations in the Marshalls, Maryland received orders to commence an overhaul and re-gunning at Puget Sound. Leaving the yard on May 5, it joined Task Force 52 for participation in the Marianas Campaign.   Reaching Saipan, Maryland commenced firing on the island on June 14. Covering the landings the next day, the battleship pounded Japanese targets as the fighting raged. On June 22, Maryland sustained a torpedo hit from a Mitsubishi G4M Betty which opened a hole in the battleships bow. Withdrawn from the battle, it moved to Eniwetok before proceeding back to Pearl Harbor. Due to the damage to the bow, this voyage was conducted in reverse. Repaired in 34 days, Maryland steamed to the Solomon Islands before joining Rear Admiral Jesse B. Oldendorfs Western Fire Support Group for the invasion of Peleliu. Attacking on September 12, the battleship reprised its support role and aided Allied forces ashore until the island fell. Surigao Strait Okinawa On October 12, Maryland sortied from Manus to provide cover for the landings on Leyte in the Philippines. Striking six days later, it remained in the area as Allied forces went ashore on October 20. As the wider Battle of Leyte Gulf commenced, Maryland and Oldendorfs other battleships shifted south to cover the Surigao Strait. Attacked on the night of October 24, the American ships crossed the Japanese T and sank two Japanese battleships (Yamashiro Fuso) and a heavy cruiser  (Mogami). Continuing to operate in the Philippines, Maryland sustained a kamikaze hit on November 29 which caused damage between the forward turrets as well as killed 31 and wounded 30. Repaired at Pearl Harbor, the battleship was out of action until March 4, 1945.    Reaching Ulithi, Maryland joined Task Force 54 and departed for the invasion of Okinawa on March 21. Initially tasked with eliminating targets on the islands south coast, the battleship then shifted west as the fighting progressed. Moving north with TF54 on April 7, Maryland sought to counter Operation Ten-Go which involved the Japanese battleship Yamato. This effort succumbed to American carrier planes before TF54 arrived. That evening, Maryland took a kamikaze hit on Turret No.3 which killed 10 and injured 37.   Despite the resulting damage, the battleship remained on station for another week. Ordered to escort transports to Guam, it then proceeded to Pearl Harbor and on to Puget Sound for repairs and an overhaul.    Final Actions Arriving, Maryland had its 5 guns replaced and enhancements made to the crews quarters. Work on the ship ended in August just as the Japanese ceased hostilities. Ordered to take part in Operation Magic Carpet, the battleship assisted in returning American servicemen to the United States. Operating between Pearl Harbor and the West Coast, Maryland transported over 8,000 men home before completing this mission in early December. Moved into reserve status on July 16, 1946, the battleship left commission on April 3, 1947. The US Navy retained Maryland for another twelve years until selling the ship for scrap on July 8, 1959.

Saturday, October 19, 2019

Business process management Essay Example | Topics and Well Written Essays - 250 words - 1

Business process management - Essay Example Mature organizations on the other hand, produce quality products or services effectively and there is no variation in efficiency and quality. 2b Describe a capability maturity model with which you are familiar. The model can be described in two ways . Mature organizations use objective and statistical basis of judging product quality and analysing problems with the product and process.Managers supervise process by monitoring the quality of the software products and the processes that produce them . Schedules and budgets s are forecasted making use of previous process data available. These forecasts produce realistic estimates of costs, schedules, functionality, product quality. There is not much variation in forecast and actual figures obtained. In general ,the mature organization follows well planned process because all employees understand the importance of quality and hence coordinate well. The second way is used to explain immature organisations.In immature organisation the produ ction process lacks coordination. Some employees produce high quality results and some do not which results in unsatisfactory results. On the other hand a mature is well coordinated and organised. Every employ puts is his best and produces high quality results.

Friday, October 18, 2019

Brown v. Board of Education of Topeka Case Study

Brown v. Board of Education of Topeka - Case Study Example They went to court based on the principle in the Fourteenth Amendment that offered equal protection to all American citizens (Patterson, 2002). In many prior instances, the court denied relief on the ground of the Plessy v. Ferguson ruling. The case of Plessy v. Ferguson resulted in a ruling that offered for separation of whites and blacks in the public sphere while offering equal facilities and opportunities to all. In Brown v. Topeka, the plaintiffs argued against the principle of segregated and equal protection. They argued that the segregation of schools could never allow for any equality and reduced the protection due to one group of people. The legal issues in the case of Brown v. Board of Education were with regard to the rights of all people as provided for all people under the 14th Amendment. Another legal issue under the determination of the court was whether the principles of Plessy v. Ferguson are applicable to Brown v. Board of Education. The Fourteenth Amendment asserts that all persons are under the equal protection of the law (Sitkoff, 2008). This amendment effectively entails that, all persons in the United States regardless of color, race or creed, deserve equality of protection and privilege in all aspects of American public life. The intention of the ruling in Plessy v. Ferguson was to legalize segregation in public transport. The issue of equality arises in that; provision of equality may be possible in public transport. In the realm of education, it would be hard to maintain equality since it is inevitable that skewed funding would occur against some of the segregated schools. Another aspect of the US Co nstitution is that it provided freedom of choice to any person to make use of any public facilities and institutions of their choice. The application of the rule in Plessy v.  Ferguson was erroneous in that it restricts access to any American to public facilities based on skin color (Miller, 2004).

Tom, Doris, Noel and John Essay Example | Topics and Well Written Essays - 1000 words

Tom, Doris, Noel and John - Essay Example A child is not competent to give sworn evidence, but capable of giving evidence that is unsworn, if the court has a satisfaction that the child knows the difference between truth and lies, the court briefs the child on the importance of telling the truth, the child responded appropriately that he/ she will not tell lies in the proceedings. It also dictates that this process should be done through asking straightforward questions in things such as their age, name schooling and favorable past times among others. Therefore, if all these turn positive then the court can call the child as a witness2. In reference to the above mentioned procedures, the court in this case may call tom in as a witness if he passes the competence test a responded positively to question of giving the truth. However, the court cannot call Tom as a witness if he does not show positivity to the mentioned procedures. Hear say witness A witness is who has seen, has a claim, of by someone in authority thinks of a pe rson, to have knowledge that the court might find relevant to a case. The information given may either be willingly or under compulsion. A hear say witness is one who testifies on account of what someone else says3. There are many limitations in most court proceedings on whether the information given by a hearsay witness is admissible. There are a number of governing principles towards admissibility of a hearsay witness. This depends on the part that delivered the information to the hearsay witness. If the eye witness cannot clearly recall the happening at the crime scene, and had mentioned them to another person immediately after the occurrence, and the other party can clearly recall what was mentioned then a hearsay witness can facilitate the case4. In reference to the case, Tom’s mother can testify if tom is unable to give the correct chronology of occurrences. This is possible because tom is a child and can easily forget what he had seen, though he was present at the crim e scene. However, if Tom will be capable of giving the correct information, then his mother will not be required to give her testimony based on what her son told her. Compelling a witness After a law suit is filed, a witness that refuses to appear before the court can be forced to come. This is known as compelling. The person has to the first object to the request of appearing before the court. If this happens, the judge writes a subpoena to the witness. This happens in cases that the testimony of the victim is highly crucial. If there is an order compelling someone to court, and he or she defies it, the court has the power to appropriately assign punishment to the person. One of the most thing that the court does is making the side the side of the witness lose the case. In reference to law, the court has the authority to summon Anna. Failure to adhere to the subpoena, Anna will receive the lawful assigned punishment. Most probably, she will have to risk her husband going to jail be cause she is the only one able to justify his claims about his location referring to the accusation time5. Expert evidence The law provides for the intervention of expert analysis. Experts and those instructing them must have regards, to guidance provisions in the protocols for instructions of experts in giving evidence. First, the expert assists the court in creating objectives and unbiased opinions and must not assume the role of the advocate. Experts must consider all materials facts including those which might be

Thursday, October 17, 2019

Prison Labour Essay Example | Topics and Well Written Essays - 4250 words

Prison Labour - Essay Example There has been a debate for centuries over the issue of imprisonment labour effects upon both prison and non-prison employment. Such effects are based on only subjective confirmation. Supporters of prison labour publicize its communal advantages through minimized prison's expenses, better performance among the inmates, probable decline in inmate violence, and corrective remedy by means of social skills development. Whereas antagonists raise the objection that prison labour creates joblessness and decline in sales in the outer world.1 Significance of Prison Labor As stated by Buck2 labour is said to be a fundamental element within prison's affairs. It is considered as a source of not only the reprimand but a corrective measure also, it is being perceived as a straitlaced compulsion and a rehabilitation attempt as well. According to Focault3, prison labour aims to create a legitimate power relation, a notion of submission on the part of inmates and a corrective and constructive mechanism. Focault marks down the value of profit as a work stimulus, though, during the period of escalating industrialized development, the amounts of profits are great. As incarceration work is based on the dynamic of compliance to authority and dominance, thus it always has a threat of revolt and aggression, that is, to respond ethically and morally in debauched circumstances full of oppression and humiliation. Forced labour seems to be morally wrong although being validated for centuries by the church as a corrective mode. Efficiency and labour may not be parallel at times. Labour is a calculated product for organizing pursuit of mankind apparently to have profit, but may be different for others who claim to have all sources of production like human resource, minerals, land etc. They inscribe it through an ethical angle for the development of improved lifestyle such as stability, compliance and passivity. Labour, if viewed as a planned and quantifiable object, seems to be a manipulation of human resource and an inspiration for producing worth. Mental labour is also probable to be apprehended by those making payments to scientists and educators, o r giving salaries to technical employees.4 Rights of Prisoners for Prison labour Prisons are not meant to be particularly hospitable places, punishment as a goal of imprisonment implies a certain level of discomfort. Since the establishment of punishment by incarceration, prison conditions have had notably harsh effects upon the human body and mind.5 As stated by Johnston6 although conditions have varied over time and between institutions, reformers have constantly voiced concerns over the treatment of prisoners. Approximately four decades ago, federal courts began responding to complaints of inhumane treatment by applying the Constitutional Eighth Amendment prohibition against brutal and extraordinary punishment to demarcate a line between conditions of confinement that are uncomfortable and those which are unconstitutional.7 Along with the expansions of civil rights for inmates, courts mandated the costly reorganization of prisons. The prisons, once characterized by local autonomy and self-rule, were transformed into modern bureaucratic institutions designed to protect prisoners' newly acquired rights.8 International

The representation of Chicanos in films Essay Example | Topics and Well Written Essays - 500 words

The representation of Chicanos in films - Essay Example The depiction of Chicanos as gang bandits is unfair.The Chicanos incorporated the style to invoke change regarding other people’s perception. These messages affirmed traces of change. The article states that stereotyping affects a wide range of ethnicities and not necessarily Chicanos. All ethnic groups have cultures that show that their dirt, vile and uncivilized practices. The article attributes the fishing of compliments in movies as a cause of the negative stereotyping. Amongst Mexican Americans, the expression of self-derogatory occurs through scatological joking (Noriega 185). The reaction towards rebellion emanate through jokes. Individuals found it more comfortable to attack stereotypes against minorities through comedy. Chicanos show resistance against the negative image depiction in US movies through creation of informational lyrics in their films. The article praises Chola as a culture that that portrays fierceness and subversion. Most artists embrace the Chola style to invoke feminine fierceness and rebellion. In this article, the incorporation of Cholas has a significance of exemplifying remarkable strength and artistic independence that is relevant for survival in a society, especially in the existent of racism that has thwarted a society’s social mobility. The power in cholas is evident in their capability to deal with gangsters, warfare, poverty, and violence. The article affirms in cultural appropriations that the Chola tradition signifies struggle and tough life in gaining identity (Fregoso 322).

Wednesday, October 16, 2019

Prison Labour Essay Example | Topics and Well Written Essays - 4250 words

Prison Labour - Essay Example There has been a debate for centuries over the issue of imprisonment labour effects upon both prison and non-prison employment. Such effects are based on only subjective confirmation. Supporters of prison labour publicize its communal advantages through minimized prison's expenses, better performance among the inmates, probable decline in inmate violence, and corrective remedy by means of social skills development. Whereas antagonists raise the objection that prison labour creates joblessness and decline in sales in the outer world.1 Significance of Prison Labor As stated by Buck2 labour is said to be a fundamental element within prison's affairs. It is considered as a source of not only the reprimand but a corrective measure also, it is being perceived as a straitlaced compulsion and a rehabilitation attempt as well. According to Focault3, prison labour aims to create a legitimate power relation, a notion of submission on the part of inmates and a corrective and constructive mechanism. Focault marks down the value of profit as a work stimulus, though, during the period of escalating industrialized development, the amounts of profits are great. As incarceration work is based on the dynamic of compliance to authority and dominance, thus it always has a threat of revolt and aggression, that is, to respond ethically and morally in debauched circumstances full of oppression and humiliation. Forced labour seems to be morally wrong although being validated for centuries by the church as a corrective mode. Efficiency and labour may not be parallel at times. Labour is a calculated product for organizing pursuit of mankind apparently to have profit, but may be different for others who claim to have all sources of production like human resource, minerals, land etc. They inscribe it through an ethical angle for the development of improved lifestyle such as stability, compliance and passivity. Labour, if viewed as a planned and quantifiable object, seems to be a manipulation of human resource and an inspiration for producing worth. Mental labour is also probable to be apprehended by those making payments to scientists and educators, o r giving salaries to technical employees.4 Rights of Prisoners for Prison labour Prisons are not meant to be particularly hospitable places, punishment as a goal of imprisonment implies a certain level of discomfort. Since the establishment of punishment by incarceration, prison conditions have had notably harsh effects upon the human body and mind.5 As stated by Johnston6 although conditions have varied over time and between institutions, reformers have constantly voiced concerns over the treatment of prisoners. Approximately four decades ago, federal courts began responding to complaints of inhumane treatment by applying the Constitutional Eighth Amendment prohibition against brutal and extraordinary punishment to demarcate a line between conditions of confinement that are uncomfortable and those which are unconstitutional.7 Along with the expansions of civil rights for inmates, courts mandated the costly reorganization of prisons. The prisons, once characterized by local autonomy and self-rule, were transformed into modern bureaucratic institutions designed to protect prisoners' newly acquired rights.8 International

Tuesday, October 15, 2019

How the Internet has Changed the way we live Essay

How the Internet has Changed the way we live - Essay Example Department of Defense gave birth to ARPANET which later became the internet. The visionaries who saw great potential in using computers to share information on research in scientific and military fields laid the spark of internet's birth. In 1962, J.C.R. Licklider of MIT proposed a global network of computers. Leonard Kleinrock developed the packet switching which is the basis of internet connections. In 1965, Lawrence Roberts connected a Massachusetts computer with a Californian one over dial-up telephone lines. The ARPANET, first brought online in 1969, initially connected four computers at universities in southwestern US. Ray Tomlinson, in 1972, brought e-mail to ARPANET. He was the one who introduced the symbol-@- to connect the username and address. The internet was designed to provide a communication network that would resist nuclear attacks. The early users were computer experts, engineers, scientists and librarians. During the '60s and '70s, Frederick G. Kilgour of the Ohio College Library Center led networking of Ohio libraries. In the mid 1970s, New England, the southwest states, Mid Atlantic states, etc. joined it to form national, later, international networks. The ARPANET matured in the '70s due to the TCP/IP architecture proposed and developed by Bob Kahn and Vint Cerf. USENET was born in 1979 with the Unix to Unix Protocol invention. Newsgroups were introduced to exchange information throughout the world. Though it was not a significant part of the Internet (due to the lack of TCP/IP), it played a vital role in the development of the Internet. BITNET appeared in1981 and it connected the mainframes of IBM and also provided mail services. SCNET, developed in 1984, grew into NSFNet, the backbone of Internet. In 1986, when it was developed, it gave access to a number of super computing centers. More departments started making use of the Internet. Hence, more tools and resources were needed. More universities, organizations and libraries got connected and Internet became harder to track. In 1991, the first friendly interface to the Internet was developed. In July, 1992, Delphi, the first national commercial online service offered Internet access to its subscribers. In 1993, Microsoft Internet Explorer was developed. With the release of Windows 98 which the browser well integrated in the desktop, Bill Gates capitalized on the Internet. The Internet Boom The impact of the Internet is too enormous that it takes a lifetime to elaborate on it. Business entered the Internet arena. Advertising showed up to attract consumers. Online shopping entered a faster pace. Consumers found it easy when they could compare prices. Delphi's free offer of web pages, chat rooms, community building centers, etc. made the Internet more and more on demand. High-speed connections spread. Cable modems and digital subscriber lines replaced the older, slower ones. Wireless access bloomed. Now, we even have small, portable devices that can be used to access the Internet like, the pocket PC, game machines, GPS devices, etc. Let us discuss how Internet affects the various fields of our day to day lives. IMPACTS ON BUSINESS In the beginning, the use of Internet remained to searching and mailing. With the rise of more innovations, people started applying technology to various fields. Business is one such field which was rewritten by the entry of Internet. ECONOMY We saw the days when anything was

Monday, October 14, 2019

Ticketing offices in airline company on the influx of tourist in Davao City Essay Example for Free

Ticketing offices in airline company on the influx of tourist in Davao City Essay Ticketing Offices is an office of Transportation Company, theatrical or entertainment enterprise or ticket agency where tickets are sold and reservation made. A Computer Reservations System or central reservation system (CRS) is a computerized system used to store and retrieve information and conduct transactions related to air travel. Originally designed and operated by airlines, CRSes were later extended for the use of travel agencies. Major CRS operations that book and sell tickets for multiple airlines are known as Global Distribution Systems (GDS). Airlines have divested most of their direct holdings to dedicated GDS companies, who make their systems accessible to consumers through Internet gateways. Modern GDSes typically allow users to book airline tickets as well as activities and tours. Electronic Ticketing in the airline industry was devised in about 1994. E-ticketing has largely replaced the older multi-layered paper ticketing systems, and since 1 June 2008, it has been mandatory for IATA members. Where paper tickets are still available, some airlines charge a fee for issuing paper tickets. When a reservation is confirmed, the airline keeps a record of the booking in its computer reservations system. Customers can print out or are provided with a copy of their e-ticket itinerary receipt which contains the record locator or reservation number and the e-ticket number. It is possible to print multiple copies of an e-ticket itinerary receipt. An airfare is the price a passenger pays in order to travel by air. The types of fares, rules and restrictions, taxes, etc., are all components that complicate the price involved for a passenger to fly from one place to another. Fares are most often based on one-way or round-trip travel. Fares may be published, unpublished and/or negotiated fares (corporations, or government agencies/organizations may have fares negotiated with an airline at a lower rate). Unpublished fares are also known as consolidated fares and are offered by consolidators and bucket shops. Objectives of the Study The general objective of the study is to determine the contribution of ticketing offices on the influx of tourist in Davao City. Specifically the study aims to: 1. Different ticketing offices in Davao City and the services offered 2. Find out the tourist arrival (2012-2013) in Davao City 3. Determine the advantages of ticketing offices in Davao City. 4. Find out the elicit suggestions of respondents Expected Output 1. Different ticketing offices in Davao City and the services offered. 2. Found out the tourist arrival (2012-2013) in Davao City 3. Determined the advantages of ticketing offices in Davao City. 4. Found out the elicit suggestions of respondents. Scope Limitation of the Study This study limited only the contribution of ticketing offices in airline company on the influx of tourist in Davao City, their tourist arrival 2012-2013, the advantages of the ticketing offices and find out the elicit suggestions of travelers as respondents. Time Place of the Study This study entitled â€Å"Ticketing Offices: Its Contribution to the Influx of Tourist in Davao City† will be conducted in the City, Southern Mindanao, Philippines. From September to October 2013. Definition of Terms Airline ticket is a document, issued by an airline or a travel agency, to confirm that an individual has purchased a seat on a flight on an aircraft. This document is then used to obtain a boarding pass, at the airport. Then with the boarding pass and the attached ticket, the passenger is allowed to board the aircraft. There are two sorts of airline tickets the older style with coupons now referred to as a paper ticket, and the now more  common electronic ticket usually referred to as an e-ticket. Electronic ticket an electronic form of an airline ticket Influx – an arrival or entry of large numbers of people or things Tourist a person who is traveling, especially for pleasure. TICKETING OFFICES: IT’S CONTRIBUTION OF THE INFUX OF TOURIST IN DAVAO CITY SHAHONEY D. DIWAN A Thesis Outline Submitted to the Department of International Hospitality, Travel and Tourism Management, College of Human Ecology and Food Sciences, University of Southern Mindanao, Kabacan, Cotabato, in Partial, Fulfilment of the Requirements for the Degree of BACHELOR OF SCIENCE IN TRAVEL MANAGEMENT OCTOBER 2013 Republic of the Philippines UNIVERSITY OF SOUTHERN MINDANAO Kabacan, Cotabato COLLEGE OF HUMAN ECOLOGY AND FOOD SCIENCES APPROVAL OF THESIS OUTLINE Name: SHAHONEY D. DIWAN Degree Sought: BS IN TRAVEL MANAGEMENT Thesis Title: TICKETING OFFICES: IT’S CONTRIBUTION OF THE INFLUX OF TOURIST IN DAVAO CITY. APPROVED BY THE GUIDANCE COMMITTEE Adviser Department Statistician Date Date Department Chairperson Dept. Research Coordinator Date Date College Research Coordinator Dean Date Date Study No.: ________ Recorded by: ________ RECEIVED: Director for Research Development Date Index No.: _______ Recorded by: _______ ACCEPTANCE The thesis outline attached here to entitled â€Å"TICKETING OFFICES: ITS CONTRIBUTION OF THE INFLUX OF TOURIST IN DAVAO CITY†, prepared and submitted by SHAHONEY D. DIWAN, in partial fulfilled of the requirements for the degree of Bachelor of Science in Travel Management, is here by accepted. Adviser Date Accepted as a partial fulfilled of the requirements for the degree of Bachelor of Science in Travel Management. Research Coordinator, CHEFS Date TABLE OF CONTENTS PRELIMINARIES Title Page Approval of Thesis Outline Acceptance Sheet Table of Contents List of Dummy Tables List of Appendices INTRODUCTION Significance of the Study Objectives of the Study Expected Output Scope and Limitation of the Study Time and Place of the Study Definition of Terms REVIEW LITERATURE Ticketing Offices MATERIALS AND METHODS Research Design Location of the Study Respondents of the Study Sampling Procedures Research Instrument Data Gathering Procedure Statistical Analysis LITERATURE CITED APPENDICES LIST OF TABLES Number Title Page 1 Ticketing Offices in Davao City and the services offered 2 Tourist Arrival (2012-2013) 3 Advantages of Ticketing Offices 4 Elicit suggestions of respondents LIST OF FIGURES Number 1 Title The Location of Davao City Page LIST OF APPENDICES Appendix Letter Title Page A Letter of Application for Thesis Adviser B Letter of Application for Thesis Title C Letter of Permission to the Manager/owner D Cover Letter E Sample Questionnaire F Schedule of Research Activities G Gantt Chart H Budgetary Requirements I Dummy Tables J Processing Form TICKETING Improve productivity with transparent, traceable and flexible ticketing Airlines are well aware of the need to evolve sales activities and harness the advantage of paperless, electronic ticketing. SITA’s Ticketing improves your airline’s productivity by reducing document issue times by automatically generating travel documents in multiple formats with minimal errors. Ticketing also gives you full control over your electronic miscellaneous document (EMD) products. SITA’s Ticketing enables to you use EMDs to generate substantially higher revenues by selling ancillary service products. OVERVIEW Positive feedback SITA’s Ticketing lets you save costs and boost revenue with real-time sales reporting technology that displays detailed revenue generation indexes. Ticketing collates up-to-date, accurate and detailed sales activity and financial reports from your entire airline, all ticket agents and independent sales offices. e-Ticket innovation The e-ticket database is separate from the airline’s reservation database. With SITA’s Ticketing,e-tickets can be sold by the airline, a global distribution system or an interline partner. SITA’s Ticketing makes e-tickets independently accessible and unlike paper documents, it tracks the use of the ticket. Fully compatible Ticketing is a part of SITA’s Horizon portfolio and is an industry compliant platform designed for airlines using SITA Reservations. SITA Ticketing is also designed to meet IATA’s standard traffic documents (STD) format. BENEFITS SITAs Ticketing provides the following benefits. Expedited and less expensive passenger transactions Improved accuracy and legibility Increased security Increased customer retention Ability to meet changing demands of your business environment Ensured compliance with International Air Transport Association (IATA) and Air Transport Association (ATA) standards E-ticketing provides the following benefits. Reduced costs Saves money by eliminating paper and postage-related costs Promotes low cost distribution channels, such as airline Web sites Enhances passenger handling with automation for example, using kiosks, the Internet and mobile phones Increased productivity and control Maximizes agent productivity by turning call centres into revenue centres Eliminates lost and stolen tickets Reduces the opportunities for fraud Improved service delivery Supports alliance and partner airline interline e-ticketing requirements Ticket changes and/or refund requests are processed more easily Supports ground handling options (i.e., where your airline is ground handled) FEATURES Ticketing offers a wide range of features to improve the productivity of both ticketing and financial management. Multiple ticket formats can be generated automatically (e.g., TAT, OPTAT, ATB2, OPTATB and electronic tickets) Automated Ticket and Boarding pass 2 (ATB2) functionality includes credit  card charge forms, itinerary and address cards ATB2 coupons, with encoded magnetic strips, may be read at check-in and/or used to read ticket data at revenue accounting Electronic tickets may be sold by partner airlines and global distribution systems for both online and interline itineraries Conjunction tickets are issued automatically and an itinerary of up to 20 segments may be issued Easy-to-use document issuance screens are provided for user guidance Multiple printer types are supported allowing you to use your own choice of equipment and vendor The system also has state-of-the-art interfaces to Reservations and Airfare Financial intelligence Ticketing also offers on-demand and automated printing of management reports. These include: Sales summaries of agent and office productivity  Sales reports including refund and exchange information  Real-time financial data can be electronically distributed as required, based on specified financial periods. Financial data can also be reported to the bank settlement plan (BSP) or in-house system based on specified or user-defined financial periods. SITA Global Services (SGS) Ticketing is supported by SITA Global Services (SGS) which provides you with global business continuity through a flexible service model. Our monitoring service ensures your IT systems are reliable and available, around the clock, around the world. Our experts proactively monitor your infrastructure, identifying and resolving problems often before they impact your services. SITA HISTORY SITA was a pioneer in international telecommunications for the air transport industry and has continued to operate at the forefront of technology. From its foundation as Socià ©tà © Internationale de Tà ©là ©communications Aà ©ronautiques, SITA has aimed to bring airlines existing air transport communications facilities together. This allows organizations and the wider industry to take advantage of shared infrastructure cost efficiencies. SITA now serves around 450 members worldwide. These members include airlines, airports, aerospace companies, GDSs, air traffic management organizations, air freight businesses, governments and international organizations. Ticket beefits Biggest Savings: You are guaranteed the best price on your seats. Best Seat Location: We reserve the best available seat locations for you, our Season Ticket Holder. Exclusive Access: Receive behind-the-scenes tours and access to front office and team personnel through exclusive Season Ticket Holder Events. Ticket Usage Flexibility: With our flexible ticket policies, you are able to exchange, re-sell, or donate any unused ticket. First Class Customer Service: Your dedicated Season Ticket Service Account Manager provides you a single point of contact to assist you with your account.

Sunday, October 13, 2019

Imperialism Fueled By A Dubious Sense Of Capitalism Politics Essay

Imperialism Fueled By A Dubious Sense Of Capitalism Politics Essay Imperialism is a developing world concept taken on by the strongest powers on the globe. The idea of colonizing or occupying another nation or territory for economic or territorial purposes is an overarching idea that resonates with occidental powers. Intellectuals such as Karl Marx, Nicolai Lenin, Joseph Schumpeter, and John Hobson each have their own views on imperialism that all mange to be intertwined and unequivocally potent to the modern day understanding of imperialism. Despite a specified piece designated on imperialism, Marxs contributions were attributed during points in his writings on India and in the Communist Manifesto. His views on imperialism are understood as the expansion of capitalist relations throughout the globe. Lenin and Hobson despite some diverging ideas both spear headed the concept that imperialism was a product of capitalism. Schumpeter, on the other hand, believed that imperialism is a pre-capitalist phenomena and it is based on the simple desire for con quest. Because of his tangential view on imperialism, this paper will highlight the divergence and congruence of Schumpeters ideology, once studied against Marx, Lenin, and Hobson. Additionally, the political realm continuously seeks the theory most adherent to Marxs original intentions; the paper will continue to elaborate on how Lenins ideas are more on target with orthodox Marxism than that Hobson. Karl Marx, one of the greatest thinkers and philosophers in modern time, impacted and continues to impact millions of people around the globe in combating the oppression set forth by an overpowering bourgeoisie on a suffering proletariat. In identifying that capitalism leads to more surplus labor than value, he took matters upon himself to empower the working class and abolish all means of class separation. Marx believed that the power of capital rests on the ideological and organizational degree of unity among workers (Prof. Stephen Bronner, personal communication). In the Communist Manifesto, Marx stated that, The bourgeoisie has through its exploitation of the world market given a cosmopolitan character to production and consumption in every country. (Tucker 477) Marx is ensuing that the developed world has taken complete control over the world market and in doing so they can over produce their products at a cheap prices and force their consumption upon the underdeveloped world. T his means of exploitation batters down all Chinese walls because all nations seeking to improve upon their economic problems are willing to compel any nation to abide by its own mode of production, thus taking on the bourgeois stance (Tucker 477). Marx believed this bourgeois nation creates a world after its own image. (Tucker 477) The underdeveloped world sees in the developed world the image of its own future. Hence, the bourgeois becomes an international class, in contradiction with the current view of globalization. Under the Marxist view, imperialism is embedded within capitalism having an omnivorous character that is engaged in an assault on traditional society. Hence, Marx suggested a non political position in which a society would take on basic structures of productions or die. (Prof. Stephen Bronner, personal communication) Any anti-imperialistic revolts that emerged were seen as anti-capitalistic, once more resulting that each are essential for the other and are not establ ished separately. Schumpeter, an Austro-Marxist, dealt with universal nationalism and was embraced by the main stream. Schumpeter argues that the conquest for expansion is pre-capitalistic yet it no way is it subordinate. Imperialism, under Schumpeter is viewed as the objectless disposition on the part of a state to unlimited forcible expansion. (Schumpeter 7) Thus meaning that it is human nature for a state to seek expansion while capitalism in an indigenous phenomena of the West. Capitalism will inevitably eliminate imperialism and result in the diminishing of ideological concerns. Unaddressed under Schumpeter, capitalism may be a post-imperialistic thought but it does not ensure stability. Additionally, a dominant economic power is an essential base for an imperial power thus proving that most economically advanced nations are those who are engaged in capitalism. (Prof. Stephen Bronner, personal communication) Schumpeter believed that as capitalism develops the quest for imperialism slowly disinteg rates. In a style of dichotomy, the differences between Schumpeter and Marx showed a clear divide in the theory of class domination, oppression, and struggle as the mainspring of history. Schumpeter believed that the ambitions of many people are minimal because they compromise a larger majority of the world populace but those in the upper class sect of society are thrust with greatness because they are the minority. This, Schumpeter emphasized, is natural and has nothing to do with the Marxian idea of class struggles. Yet the main thing he did share with Marx was the economic interpretation of history, without the Marxian supplements of class struggles. The economic interpretation of history included the ideas that the countries would attain wealth based on productivity and profit. One of Marxs fundamental mistakes to Schumpeters, was to take that power and will to power of the captains and generals of industry of the early and middle nineteenth century to be outstanding in the character of the entire, much larger class, the bourgeois as a whole and sure to continue to characterize it in undiminished degree as long as the class should exist.  [1]  For Schumpeter on the contrary, the forceful or potent character was always confined to the group of leading entrepreneurs.  [2]   Schumpeter had a more unorthodox view on imperialism then other thinkers. Lenin and Hobson both shaped the framework for the clarification on how imperialism has made an imprint on the world and its people. Hobson defines imperialism as the endeavor of the great controller of industry to broaden the channel for the flow of surplus wealth by seeking foreign markets and foreign investments to take off the goods and capital they cannot sell or use at home. (1) This denotation projected by Hobson illustrates a strictly productive and profit seeking state. Hobson, a classical Fabian, focused his criticism of imperialism on the industrial aspects and neglected the older quests for imperialism based on expansion. While Marx stated that capitalism does generate imperialism, Hobson believed they were connected but one must take into account the parasitic sectors involved in imperialism. Hobson had a strong belief that capitalism can be reformed but there must be the existence of both capitali sm and imperialism or the country allows the two to run rampant. Hobson viewed imperialism as an economic taproot and it served as the parasitical sector of capitalism. In order for capital to move the conquest of territories are essential and all great powers engaged in the imperial enterprise are colonial. Imperialism, Hobson writes, is the natural product of economic pressures of a sudden advance of capitalism which cannot find occupation at home and needs foreign markets for goods and investments. (65) As the nations become more industrialized, the growth of productions exceeds the growth in consumption; more goods are produced than can be sold at a profit; more capital exists that can find remunerative investment.  [3]  Since it becomes more difficult for manufacturers, merchants, and financiers to dispose of their economic resources, they bring pressure to bear on the government to secure for their particular use some distant, underdeveloped country by annexation and protection. It is these economic conditions which form the taproot of Imperialism (85-86). Thus being, Hobsons view projects that the next and final stage in the imperialism process is capitalism. According to Hobson, the causes of imperialism would be eliminated if there were better distribution of wealth. (91-92) If the surplus wealth, that is over savings, were distributed either to the workers in the form of higher wages or to the community in the form of taxes, so that it were spent instead of being saved, serving in either of these ways to increase consumption, there would be no need to fight for foreign markets or foreign areas of investment. If incomes were distributed so as to enable all groups in the economy to increase their consumption, there could be no overproduction, no underemployment of capital and labor, and no necessity for the state to pursue a policy of imperialism. Lenin on the other hand had a three-fold objective: to save revolutionary Marxism; to annihilate the opportunists, namely, Kautsky, who is painted as the villain for his defilement of Marxism; and to provide a truly Russian or Eastern version of socialism which would be applicable to backward, agricultural, semi-colonial and colonial countries.  [4]  Stalin defined Leninism as, Marxism in the epoch of imperialism and proletarian revolution.  [5]  Imbedded in his goals and policies Lenin does not let go of the Marxist foundation that are essential to formulate a successful revolution. Lenin believed that the only way to combat the colonially imperialistic powers is through war and in doing so Marx should lie at the base. Lenin goes on to say that imperialism is the stage of development in which the domination of monopolies and finance capital has taken shape; in which the export of capital is important, in which the division of the world by the international trusts has begun, and in which the partition of all the territory of the earth by the greatest capitalist countries has been completed. (Lenin 88-89) The view illuminated here by Lenin does not address imperialism as an ends for a means but an essential stage of development that is undergone once capitalistic countries take control of the sphere. According to Lenin, the economic persona of imperialism is monopoly capitalism. Monopolies grow out of the concentration of production into a conglomerate of businesses and trusts which play a very important role in modern economic life. These monopolies have captured the most important sources of raw materials, which fact in turn has enormously increased the power of big capitalists and have sharpened the antagonism between cartelized and noncartelized industry. (Lenin 123-127) In his discussion of cartelized and industries not cartelized, Lenin shows that because there is a cluster of business dominating the price margin of products the tension between them and uncartelized industries increase leading to an imperialistic nature. The growth of these powerful monopolies and oligarchies, with their striving for domination, annexation, and ruinous exploitation of backward area, has given rise to imperialism, which, as Lenin puts it, is parasitic or decaying capitalism. Thus capitalism has grown into a world system of colonial oppression and of financial control of the overwhelming majority of the people of the world, by a handful of large capitalist countries, which involves the whole world in their war over the sharing of their booty. (Lenin 10) Because imperialism is placed by Lenin as one in the same, the establishment of a powerful capitalist country inevitably leads to an imperialistic nature. Under capitalism, Lenin wrote, the only way to remove or set an end to the problems caused by highly productive and capitalistic forces leading to the division of colonies and spheres of influences for finance capital on the other, is through war.  [6]  In terms of imperialism, Lenins theory does not contradict Marxs analysis of capitalism. Both men believed in and witnessed the formation of monopolies. Yet Lenins theory contradicts Marxs doctrine of the lumpen proletariat because he believes that capitalism will not generate the adequate amount of money needed to employ all those not working. (Marx Communist Manifesto) Lenin fails to acknowledge to Hobson approach that entails that excess capital causes capitalistic countries to invest overseas and in doing so sustained full employment is not a factor. In comparison to Marx they both addressed that in adherence to capitalism state will search for new markets that can increase profit. Since the bottom line for monopolies is to increase profit, Lenin was right insofar as imperialism is caused by the search for new markets.  [7]   While Hobson and Lenin looked to the basic causes of imperialism in the market place, Schumpeter disputed their views greatly and felt that imperialism was built on a negative connotation. Schumpeter presents a theory which exonerates capitalism from the charge of being inherently imperialistic. He discards the attempts of Hobson and Lenin to ascribe a purely economic interpretation to the phenomenon of imperialism. Such an interpretation is incomplete, as non-economic factors must also be considered. Wars, conquests, annexations are not necessarily a result of imperialism. The desire for power for its own sake, the actions of rulers, the desire to subject a people to a specific though, the fight for freedom, all have been causes of war. Furthermore, in analyzing the writings of Lenin, Hobson, and Schumpeter the congruence in thought are stronger between Hobson and Schumpeter than that with Lenin. Even though Hobson still traces the causes of imperialism to economic problems causing a capitalistic country to seek foreign markets, he believes that in tackling this issue the bond between imperialism and capitalism is broken. This would ensue that capitalism is apart from imperialism rather than a reason to be imperialistic. In Lenins philosophy capitalism is in the same cesspool as imperialism and an attack on imperialism is an attack on capitalism. For this reason Lenins model proved to be crucial for anti-imperialistic movements. Schumpeters ideas, though abstract, are based stronger on sociological and psychological paths, two details that Lenin and Hobson did not mention in either of their writings. Moreover, imperialism is a complex topic that is understood differently by different scholars and in contradiction Sc humpeter, without capitalism a state would not seek to expand and alter the lives of underdeveloped states seeking their own sustainable lives.

Saturday, October 12, 2019

Custom Written Term Papers: Evil in Othello -- Othello essays

Evil in Othello  Ã‚        Ã‚  Ã‚   What can compare to the evil present in William Shakespeare’s tragic drama Othello? The sinister aspect of the play is so heavy at times that it has a depressing effect on the audience.    In the essay â€Å"Wit and Witchcraft: an Approach to Othello† Robert B. Heilman unveils the evil awaiting the reader in Othello:    Reason as an ally of evil is a subject to which Shakespeare keeps returning, as if fascinated, but in different thematic forms as he explores different counter-forces. ]. . .] Although Iago, as we saw, does not take seriously the ennobling power of love, he does not fail to let us know what he does take seriously. When, in his fake oath of loyalty to "wrong'd Othello," he vows "The execution of his wit, hands, heart" (III.3.466), Iago's words give a clue to his truth: his heart is his malice, his hands literally wound Cassio and kill Roderigo, and his wit is the genius that creates all the strategy. (338) By an extraordinary composition of character Shakespeare has made Iago, literally or symbolically, share in all these modes of evil. And in Iago he has dramatized Dante’s summary analysis: â€Å"For where the instrument of the mind is joined to evil will and potency, men can make no defense against it.† But he has also dramatized the hidden springs of evil action, the urgency and passion and immediacy of it. He contemplates too the evildoer’s â€Å"potency† and man’s defenselessness: but these he interprets tragically by making them, not absolute, but partly dependent on the flaws or desire of the victims themselves. (343)    First of all, Iago’s very words paint him for what he is. Robert Di Yanni in â€Å"Character Revealed Through Dialogue† states that the evil antagonist rev... ...rizona Quarterly (Spring 1956), pp.5-16.    Mack, Maynard. Everybody’s Shakespeare: Reflections Chiefly on the Tragedies. Lincoln, NB: University of Nebraska Press, 1993.    Shakespeare, William. Othello. In The Electric Shakespeare. Princeton University. 1996. http://www.eiu.edu/~multilit/studyabroad/othello/othello_all.html No line nos.    Wayne, Valerie. â€Å"Historical Differences: Misogyny and Othello.† The Matter of Difference: Materialist Feminist Criticism of Shakespeare. Ed Valerie Wayne. Ithaca, NY: Cornell University Press, 1991.    Wright, Louis B. and Virginia A. LaMar. â€Å"The Engaging Qualities of Othello.† Readings on The Tragedies. Ed. Clarice Swisher. San Diego: Greenhaven Press, 1996. Reprint from Introduction to The Tragedy of Othello, the Moor of Venice by William Shakespeare. N. p.: Simon and Schuster, Inc., 1957.      

Friday, October 11, 2019

Driving Age

Most people don’t like the driving age at 21, a lot of them are teens. A lot of the teens feel that the government is taking away part of there freedom. If teens at 18 are able to vote and, go into the military shouldn’t they be able to drive, at 18 to? In some states the driving age is 16, I think it should be raised to 18 because most, Motor vehicle crashes are the leading cause of death among 15- to 20-year-olds. I think it would be better, to get your driving license at 18 because if the teen as a job, the parents would have to drive the teen to work and back. If the teen is able to drive it would be a burden lifted off of the parent. The parent would not have to drive the teen everywhere and the parent is free to do what he/she wants to do without having to drive the teen every place. Rising the driving age can save money, gas, and lives. Of course there would have to be certain hardship exemptions. It could not be allowed to become something, just began seeking just to gain a license. And just wanting a job shouldn't qualify one for an exemption. If someone under 18 wants to work, they would have to seek something within walking/biking distance or along public transportation lines. Only about one third of teens work paid jobs during the summer, so it isn't hard to imagine those wanting to work could do so without having to drive. The primary industries affected by increasing the driving age to 18 are the automotive manufacturers, auto insurance, gas and driving education companies. This basically covers the largest firms within the auto industry. The automotive manufacturers would only see a delay in purchases by a factor of three years and only for the first three years that the driving age was raised to 18. The auto insurance companies would hopefully gain revenues by not having to pay out insurance claims due to car accidents created by the 15 – 18 old teens. Gasoline companies would see a reduction in their revenues with the reduction of gasoline usage. Driving schools would see the most significant impact. Short term they would lose business for the first 3 years. If we didn’t lower the driving age from 21 to 18, there would be more accidents from other teen, that are 16-20. Also if the driving age was 18, a lot more people wouldn’t find the need to drive without a license. They wouldn’t need as much money for insurance and gas. I think that the driving license should stay 18 instead of 21.

Thursday, October 10, 2019

Organizational Behavior in Criminal Justice Essay

Organizational behavior in a criminal justice agency is the way in which employees and their superiors interact amongst themselves and with one another both positively and negatively. Organizational behavior itself is the study of social conduct as it relates to the confines of a specific group. It is the study of how an individual or group interacts with one another and the dynamics of the personal relationships that evolve from that contact (Duan, Lam, Chen, & Zhong, 2010). The shifting paradigm trends describe by Schermerhorn, Hunt, and Osborn (2008) can be used to delve further into the understanding of the organizational behavior that exists in most criminal justice agencies. The archetypical performance falls into one of seven categories; commitment to ethical behavior, importance of human capital, demise of command-and-control, emphasis on team work, pervasive influence of information technology, respect for new workforce expectations, and changing careers. From these trends b oth positive and negative characteristics of criminal justice agencies can be identified. â€Å"Commitment to ethical behavior: Highly publicized scandals involving unethical and illegal business practices prompt concerns for ethical behavior in the workplace; there is growing intolerance for breaches of public faith by organizations and those who run them† (Schermerhorn, Hunt, & Osborn, 2008, para. 14). In criminal justice agencies ethical violations often are handled with little fan fair. Any level of impropriety introduced in the prying public eye can have innumerous repercussions. The loss of public support and trust can be a huge problem, but it affects the internal structure too. Depending on how fairly and swiftly the situation is handled determines whether or not those in charge gain or lose respect. Judgments will be passed on how the situation was controlled, and how it should have been dealt with. In delicate matters like this behaviors of retaliation and accusations of bias are important to be kept at a minimum. â€Å"Importance of human capital: A dynamic and complex environment poses continuous challenges; sustained success is earned through knowledge, experience, and commitments of people as valuable human assets of organizations† (Schermerhorn, Hunt, & Osborn, 2008, para. 14). The workforce is the heart of a criminal justice agency. It should be the single most cherished asset. The appreciation of experience by an organization is vital. But more importantly the recognition, respect, and aspiration by new members and seasoned is a must. This necessity recognizes a clear chain of command and model of training. â€Å"Demise of command-and-control: Traditional hierarchical structures are proving incapable of handling new environmental pressures and demands; they are being replaced by flexible structures and participatory work settings that fully value human capital† (Schermerhorn, Hunt, & Osborn, 2008, para. 14). Shared responsibility and the extinction of the â€Å"because it has always been done that way† is a requirement in the modern criminal justice agency. It is being replaced by the attitude that the old way is not always the best way, and we all have a lot to learn from one another. While command still flows in one direction; ideas can come from anywhere. â€Å"Emphasis on teamwork: Organizations today are less vertical and more horizontal in focus; driven by complex environments and customer demands, work is increasingly team based with a focus on peer contributions† (Schermerhorn, Hunt, & Osborn, 2008, para. 14). In a criminal justice agency teamwork may have become common place, but improvements still need to be made in the area of information sharing. While no man is an island, neither is an agency. For the sake of public welfare resources need to be pooled. â€Å"Pervasive influence of information technology: As computers penetrate all aspects of the workplace, implications for workflows, work arrangements, and organizational systems and processes are far-reaching† (Schermerhorn, Hunt, & Osborn, 2008, para. 14). We are in the information technology age and the correct resources and know-how can be the deciding factor in the constant struggle b etween criminals and policing agencies. Increased educational and computer skills demands are needed to boost and maintain an advantage at any level of criminal justice agency. â€Å"Respect for new workforce expectations: The new generation of workers is less tolerant of hierarchy, more informal, and less concerned about status; organizations are paying more attention to helping members balance work responsibilities and personal affairs† (Schermerhorn, Hunt, & Osborn, 2008, para. 14). While a certain amount of attention should be paid to new workforce expectations it is important not to compromise the integrity of the job expectations. A balanced life should lead to a happy and relaxed employee who theoretically should also be more effective and efficient in an effort to maintain employment in the desired environment. Employer’s must remain fair but also realize their top priority in the criminal justice field is not to ensure employee happiness. An employee who can balance work and a private life on his own should be a valuable commodity. â€Å"Changing careers: The new realities of a global economy find employers using more â€Å"offshoring† and â€Å"outsourcing† of jobs; more individuals are now working as independent contractors rather than as traditional full-time employees† (Schermerhorn, Hunt, & Osborn, 2008, para. 14). In criminal justice agency this trend is no different. It is not uncommon for governments to hire private security firms and private corrections companies. However, by outsourcing such positions power is lost in the public sector. Monitoring a regulations create more work when dealing with outside policing forces. It also opens up a gray area for bad behavior and a hired gun mentality. While roles may be redefined privatization of criminal justice agencies can be more of a problem than a convenience. Study of workplace environments and the effects of the personnel’s behavior can only continue to bring about recognition of areas in need of improvement. Works Cited Duan, J., Lam, W., Chen, Z., & Zhong, J.A. (2010). Leadership justice, negative organizational behaviors, and the mediating effect of affective commitment. Social Behavior & Personality: An International Journal, 38(9), 1287-1296. Retrieved from http://biere.louisiana.edu:2092/ehost/detail?hid=17&sid=5d563aca-ec9a-43c49e42db48b73a6784%40sessionmgr4&vid=4&bdata=JnNpdGU9ZWhvc3QtbGl2ZQ%3d%3d#db=sih&AN=54018927 Schermerhorn, J.R., Hunt, J. G., & Osborn, R. N. (2008). Organizational Behavior. Available from https://ecampus.phoenix.edu/content/eBookLibrary2/content/eReader.aspx.

Common law Essay

A Tort is the French word for a â€Å"wrong.† A tort is a civil wrong. A civil wrong involves a breach of a duty owed to someone else, as opposed to criminal wrongdoing which involves a breach of a duty owed to society. Torts are civil wrongs other than breaches of contract and certain equitable wrongs. The law of torts law is a remainder category of civil wrongs once other wrongs are excluded. It covers a grab bag of legal cases comprising such disparate topics as auto accidents, false imprisonment, slander and libel, product liability (such as defectively designed consumer products), and environmental pollution (toxic torts). A person who suffers legal damage may be able to use tort law to receive damages (usually monetary compensation) from someone who is responsible or liable for those injuries. Generally speaking, tort law defines what is a legal injury and what is not. A person may be held liable (responsible to pay) for another’s injury caused by them. Torts can be classified in a number of different ways, one is to distinguish according to degree of fault, so that there are intentional torts, negligent torts, and strict liability torts. In much of the Western world, the measure of tort liability is negligence. If the injured party cannot prove that the person believed to have caused the injury acted with negligence (lack of reasonable care), at the very least, tort law will not compensate (pay) the victim. However, tort law also recognizes intentional (purposeful) torts and strict liability torts, which apply when the person accused of committing the tort satisfied certain standards of intent (meaning) and/or performed certain types of conduct. In tort law, injury is defined broadly. Injury does not just mean a physical injury, such as where Brenda was struck by a ball. Injuries in tort law reflect any invasion of any number of individual interests. This includes interests recognized in other areas of law, such as property rights. Actions for nuisance (annoying or hurting) and trespass (unlawful entering) of land can arise from interfering with rights in real property. Conversion law and trespass to chattels (personal property) can protect interference with movable property. Interests in prospective (possible future) economic advantages from signed agreements can also be injured and become the subject of tort actions. A number of situations caused by parties in a contractual (written agreement) relationship may still be tort rather than contract claims, such as breach of duties. Tort law may also be used to compensate (pay) for injuries to a number of other individual interests that are not recognized in property or contract law. This includes an interest in freedom from emotional distress, privacy interests, and reputation. These are protected by a number of torts such as Intentional infliction of emotional distress, privacy torts, and defamation/slander (destruction of a reputation). Defamation and privacy torts may, for example, allow a celebrity to sue a newspaper for publishing an untrue and harmful statement about him. Other protected interests include freedom of movement, protected by the intentional tort of false imprisonment which is when you are arrested without cause. The equivalent of tort in civil law jurisdictions is delict. The law of torts can be categorised as part of the law of obligations (duties), but unlike voluntarily assumed obligations (such as those of contract, or trust), the duties imposed by the law of torts apply to all those subject to the relevant jurisdiction. To behave in tortious manner is to harm another’s rights, body, property or other rights. One who commits a tortious act is called a tortfeasor. Law of torts consists of some general defense, which can be pleaded in the court of law to get justice. Types of general defenses 1) INEVITABLE ACCIDENTS[1]: The plea of inevitable accident is usually spoken of as a defense but is, strictly speaking, not a defense but only a denial of liability. For instance, in an action for bodily harm, the plaintiff has ordinarily to prove intent or negligence of the defendant; and if he fails to do so, his injury may be said to be an inevitable accident. The burden to prove plea of inevitable accident lies on the defendant and to establish the defense, the respondent will have to establish that accident could not have been avoided by exercise of ordinary care and caution. Ex: Ryland’s v Fletcher 2) MISTAKE[2]: Mistake of law is generally no defense to civil or criminal liability. Mistake of fact is a general defense under the IPC, but not to an action in tort. For instance, an officer who executes a warrant of arrest against the wrong man by mistake is not guilty of a crime, but he will be liable in an action for false imprisonment. Mistake would be an excuse only in those exceptional cases where an unlawful intent or motive is an essential ingredient in liability. Ex: Hollins v Fowler 3) EXERCISE OF COMMON RIGHTS[3]: This, like inevitable accident, is really nota defense but a denial of a breach of duty or violation of rights, as where the defendant builds on his land and shuts f the light of a new house of his neighbour or opens a new shop and ruins an older rival. The defense is necessary on the assumption that their is a general rule of liability for intentional harm. 4) VOLENTI NON FIT INJURIA[4]: It is also known as the defense of consent. Volenti non fit injuria[5] It is a Latin word which means â€Å"to a willing person, no injury is done† or â€Å"no injury is done to a person who consents†) is a common law doctrine which means that if someone willingly places themselves in a position where harm might result, knowing that some degree of harm might result, they cannot then sue if harm actually results. Volenti only applies to the risk which a reasonable person would consider them as having assumed by their actions; thus a boxer consents to being hit, and to the injuries that might be expected from being hit, but does not consent to (for example) his opponent striking him with an iron bar, or punching him outside the usual terms of boxing. Volenti is also known as a â€Å"voluntary assumption of risk.† In Law of Torts, Volenti non-fit injuria is an exception to liability in torts. It means: Where the sufferer is willing and has the knowledge , no injury is done. the precept that denotes that a person who knows and comprehends the peril and voluntarily exposes himself or herself to it, although not negligent in doing so, is regarded as engaging in an assumption of the risk and is precluded from a recovery for an injury ensuing there from. Volenti non fit iniuria (or injuria) (Latin: â€Å"to a willing person, injury is not done†) is a common law doctrine which states that if someone willingly places with proper knowledge themselves in a position where harm might result, they are not able to bring a claim against any damages from the other party in tort. Volenti only applies to the risk which a reasonable person would consider them as having assumed by their actions; thus a boxer consents to being hit, and to the injuries that might be expected from being hit, but does not consent to (for example) his opponent striking him with an iron bar, or punching him outside the usual terms of boxing. Or a person watching a cricket match getting hurt by the ball can be consented. No act is actionable as a tort at the suit of a person who has expressly or impliedly assented to it. In order to plead this defence, it is necessary that the plaintiff should have consented to physical risk or damage as well as to legal risk (i.e. he will get no remedy in law). ESSENTIAL CONDITIONS ââ€" ª Consent must be given freely ââ€" ª Consent must not have been given to an illegal act ââ€" ª Knowledge of risk is not the same thing as consent to run the risk OR 1. A voluntary 2. Agreement 3. Made in full knowledge of the nature and extent of the risk. 1.Voluntary The agreement must be voluntary and freely entered for the defence of Volenti non fit injuria to succeed. If the Claimant is not in a position to exercise free choice, the defence will not succeed. This element is most commonly seen in relation to employment relationships, rescuers and suicide. 2.Agreement The second requirement for the defence of Volenti non fit injuria is agreement. The agreement may be express or implied. An example of an express agreement would be where there exists a contractual term or notice. 3.Knowledge The Claimant must have knowledge of the full nature and extent of the risk that they ran. The test for this is subjective and not objective and in the context of an intoxicated Claimant, the question is whether the Claimant was so intoxicated that he was incapable of appreciating the nature of the risk. Volenti is sometimes described as the plaintiff â€Å"consenting to run a risk.† In this context, volenti can be distinguished from legal consent in that the latter can prevent some torts arising in the first place (for example, consent to a medical procedure prevents the procedure from being a trespass to the person, or consenting to a person visiting your land prevents them from being a trespasser). | | | | Volenti in English[6] In English tort law, volenti is a full defence, i.e. it fully exonerates the defendant who succeeds in proving it. The defence has two main elements: The claimant was fully aware of all the risks involved, including both the nature and the extent of the risk; and The claimant expressly (by his statement) or impliedly (by his actions) consented to waive all claims for damages. His knowledge of the risk is not sufficient: sciens non est. volens (â€Å"knowing is not volunteering†). His consent must be free and voluntary, i.e. not brought about by duress. If the relationship between the claimant and defendant is such that there is doubt as to whether the consent was truly voluntary, such as the relationship between workers and employers, the courts are unlikely to find volenti. It is not easy for a defendant to show both elements and therefore contributory negligence usually constitutes a better defence in many cases. Note however that contributory negligence is a partial defence , i.e. it usually leads to a reduction of payable damages rather than a full exclusion of liability. Also, the person consenting to an act may not always be negligent: a bungee jumper may take the greatest possible care not to be injured, and if he is, the defence available to the organiser of the event will be volenti, not contributory negligence. In the first case (decided before the Occupier’s Liability Act was passed), a girl who had trespassed on the railway was hit by a train. The House of Lords ruled that the fencing around the railway was adequate, and the girl had voluntarily accepted the risk by breaking through it. In the second case, a student who had broken into a closed swimming-pool and injured himself by diving into the shallow end was similarly held responsible for his own injuries. The third case involved a man who dived into a shallow lake, despite the presence of â€Å"No Swimming† signs; the signs were held to be an adequate warning. The defence of volenti is now excluded by statute where a passenger was injured as a result of agreeing to take a lift from a drunk car driver. However, in a well-known case of Morris v Murray [7][volenti was held to apply to a drunk passenger, who accepted a lift from a drunk pilot. The pilot died in the resulting crash and the passenger who was injured, sued his estate. Although he drove the pilot to the airfield (which was closed at the time) and helped him start the engine and tune the radio, he argued that he did not freely and voluntarily consent to the risk involved in flying. The Court of Appeal held that there was consent: the passenger was not so drunk as to fail to realise the risks of taking a lift from a drunk pilot, and his actions leading up to the flight demonstrated that he voluntarily accepted those risks. Rescuers For reasons of policy, the courts are reluctant to criticize the behavior of rescuers. A rescuer would not be considered volens if: He was acting to rescue persons or property endangered by the defendant’s negligence; He was acting under a compelling legal, social or moral duty; and His conduct in all circumstances was reasonable and a natural consequence of the defendant’s negligence. An example of such a case is Haynes v. Harwood[8], in which a policeman was able to recover damages after being injured restraining a bolting horse: he had a legal and moral duty to protect life and property and as such was not held to have been acting as a volunteer or giving willing consent to the action – it was his contractual obligation as an employee and police officer and moral necessity as a human being to do so, and not a wish to volunteer, which caused him to act. By contrast, in Cutler v. United Dairies [9]a man who was injured trying to restrain a horse was held to be v olens because in that case no human life was in immediate danger and he was not under any compelling duty to act. Unsuccessful attempts to rely on volenti: Examples of cases where a reliance on volenti was unsuccessful include: Nettleship v. Weston[10] Baker v T E Hopkins & Son Ltd[11]). In the first case, the plaintiff was an instructor who was injured while teaching the defendant to drive. The defence of volenti failed i.e. because the plaintiff specifically inquired if the defendant’s insurance covered him before agreeing to teach. In the second case, a doctor went in to try to rescue workmen who were caught in a well after having succumbed to noxious fumes. He did so despite being warned of the danger and told to wait until the fire brigade arrived. The doctor and the workmen all died. The court held that it would be â€Å"unseemly† to hold the doctor to have consented to the risk simply because he acted promptly and bravely in an attempt to save lives. Hall v. Brooklands Auto-Racing Club [12] The plaintiff paid to enter a motor-car race track to watch races on a track owned and managed by the defendants. On the evening the plaintiff was spectating, two of the race-cars collided near the barrier between the spectators and the track. The cars collided with the barrier and caused severe injury to the plaintiff and others. The defendants were held liable to pay damages by a jury who found that they had not taken reasonable precautions to protect spectators. On appeal by the defendant, it was held that there was no evidence to find the defendants had not taken reasonable precautions and that there was no obligation to ensure safety in all circumstances, just that reasonable precautions were taken. The defendant’s case was upheld. Wooldridge v Sumner [13] Facts The plaintiff, Mr. Wooldridge, who was a photographer at a horse race, was injured by the horse belonging to the defendant, Sumner, which was ridden in a competition by Sumner’s, who was a skilled and experienced horseman. 1 Judgment The Court of Appeal held that Sumner owed no duty of care to Wooldridge in this case. As a spectator, Wooldridge accepted the risks involved in a horserace he came to watch. As a reasonable participant in the race, which is a fast and competitive sport, the horseman was expected to concentrate on the race and not on the spectator. In the course of a fast moving competition such as this one, he could be expected to make errors of judgment. As long as the damage was not caused recklessly or deliberately, the participant in a race could not be held liable for the spectators’ injuries because he was not negligent, i.e. not in breach of his duty. Dann v. Hamilton [14] The Claimant was injured when she was a willing passenger in the car driven by the Mr. Hamilton. He had been drinking and the car was involved in a serious crash which killed him. In a claim for damages the Defendant raised the defence of volenti non fit injuria in that in accepting the lift knowing of his drunken condition she had voluntarily accepted the risk. Held: The defence was unsuccessful. The claimant was entitled to damages. Asquith J: â€Å"There may be cases in which the drunkenness of the driver at the material time is so extreme and so glaring that to accept a lift from him is like engaging in an intrinsically and obviously dangerous occupation, intermeddling with an unexploded bomb or walking on the edge of an unfenced cliff. It is not necessary to decide whether in such a case the maxim volenti non fit injuria would apply, for in the present case I find as a fact that the driver’s degree of intoxication fell short of this degree†. HAYNES v HARWOOD [15] facts The plaintiff, a police constable, was on duty inside a police station in a street in which, at the material time, were a large number of people, including children. Seeing the defendants’ runaway horses with a van attached coming down the street he rushed out and eventually stopped them, sustaining injuries in consequence, in respect of which he claimed damages. HELD 1) That on the evidence the defendants’ servant was guilty of negligence in leaving the horses unattended in a busy street. 2) that as the defendants must or ought to have contemplated that some one might attempt to stop the horses in an endeavour to prevent injury to life and limb, and as the police were under a general duty to intervene to protect life and property, the act of, and injuries to, the plaintiff were the natural and probable consequences of the defendants’ negligence. 3) That the maxim â€Å"volenti non fit injuria† did not apply to prevent the plaintiff recovering. . 1 Imperial Chemical Industries v Shatwell [16] Volenti non fit injuria, [Latin: no wrong is done to one who consents] The defense that the plaintiff consented to the injury or (more usually) to the risk of being injured. Facts The plaintiff and his brother were were certificated and experienced shotfirers employed by ICI Ltd in a quarry owned by the defendant company. Part of the brothers’ works included wiring up detonators and checking the electrical circuits. There was an old practice where a galvanometer was applied directly to each detonator for testing purposes. This practice was known to be dangerous and was outlawed by statutory regulation. The plaintiff claimed his brother was 50 per cent to blame for the explosion and the employer was vicariously liable. The plaintiff was awarded half of the total amount of damages. The defendant appealed. The Decision The plaintiff and his brother were both experts. They freely and voluntarily assumed the risk involved in using the galvanometer. There was no pressure from any other source. To the contrary, they were specifically warned about complying with the new safety regulations. The defence of volenti non-fit injuria will apply when there is true and free consent to the risk. Note (1) the employers not being themselves in breach of duty, any liability of theirs would be vicarious liability for the fault of J, and to such liability (whether for negligence or for breach of statutory duty) the principle volenti non fit injuria afforded a defence, where, as here, the facts showed that G and J knew and accepted the risk (albeit a remote risk) of testing in a way that contravened their employers’ instructions and the statutory regulations. (2) Each of them, G and J, (the brothers) emerged from their joint enterprise as author of his own injury, and neither should be regarded as having contributed a separate wrongful act injuring the other. The defence of volenti non fit injuria should be available where the employer is not himself in breach of statutory duty and is not vicariously in breach of any statutory duty through neglect of some person of superior rank to the plaintiff and whose commands the plaintiff is bound to obey, or who has some special and different duty of care. Nettleship v Weston [17] is an English Court of Appeal judgment dealing with the breach of duty in negligence claims. In this case the court had considered the question of the standard of care that should be applied to a learner driver, and whether it should be the same as is expected of an experienced driver. | | Facts Mr. Nettleship, the plaintiff, agreed to teach Mrs. Weston, the defendant, to drive in her husband’s car, after he had inquired the insurance policy. During one of the lessons, the defendant lost control of the car and caused an accident in which the plaintiff was injured. The defendant argued that the plaintiff was well aware of her lack of skill and that the court should make allowance for her since she could not be expected to drive like an experienced motorist. 3 Judgment The Court of Appeal, consisting of Lord Denning MR, Salmon LJ and Megaw LJ held that applying a lower standard to the learner driver because the instructor was aware of his inexperience would result in complicated shifting standards. It would imply, for example, that an inexperienced doctor owed his patient a lower standard of care if the patient was aware of his lack of experience. The standard of care for a learner driver would be the usual standard applied to drivers: that of an experienced and skilled driver. The policy consideration that played a role in this decision was that the learner driver was covered by insurance. Over the dissent of Megaw LJ, the Court of Appeal held that the instructor was also responsible for the accident as he was partially in control of the car and should only be able to recover half of his damages due to negligence. Able to recover half of his damages due to contributory negligence. Baker v T E Hopkins & Son Ltd[18] 1 Facts Two employees of the defendant company were overcome by carbon monoxide fumes in a well they were attempting to decontaminate. The plaintiff, a doctor, went in to try to rescue them even though he was warned of the fumes and told that the fire brigade was on the way. All the three men died. 2 Judgment The defendant company argued that the (the estate of) the plaintiff doctor should either not be compensated because the doctor knowingly accepted the risk he was taking or his damages would be reduced for contributory negligence. The Court of Appeal considered that such a suggestion was â€Å"ungracious† and that it was unseemly and irrational to say that a rescuer freely takes on the risks inherent in a rescue attempt. The doctor’s contributory negligence could only be recognized if he showed â€Å"a wholly unreasonable disregard for his own safety†. 3 Significance This case is one of the many in which the courts have refused to hold rescuers who have suffered in their rescue attempts to have negligently contributed to their injuries or accepted the risks involved in their rescue attempt. This applies to both amateur and professional rescuers, such as fire fighters (See Ogwo v. Tailor [19]) INDIAN CASES United India Insurance Co. Ltd. vs Guguloth Khana And Ors.[20] Facts:– On 23-5-1991 a lorry bearing No. AP 26-T-364 belonging to M/s. Amruthesh Transport Company started at Warangal with some load of groundnut oil cake to go to Anakapalle in Visakhapatnam. One Ch. Mallikarjun was engaged as driver of the said lorry. There was a comprehensive insurance policy for the lorry with the United India Insurance Company. When the lorry reached near Thorrur village on the way leading to Khammamm P.W.D. Road, several villagers were waiting on the road, due to lack of transport facility because of the assassination of Sri Rajiv Gandhi on the previous day (22-5-1991). Then, about 25 persons, including some children and women boarded the lorry. The lorry, after travelling about five kilometers from Thorrur village and reached near Mattedu village, the driver of the lorry applied sudden brakes whereby the lorry turned turtle, as a result of which twelve persons died on the spot and three more persons also died after they were taken to hospital. Ten persons sustained injuries. The claimants, either the injured or the legal heirs of the persons who died in the accident, have filed the O.Ps against the owner, driver and insurer of the lorry. Before the Motor Accidents Claims Tribunal, the driver of the lorry who was served with notices in the O.Ps remained ex parte. Before the Tribunal, owner of the lorry filed counter, denying the averments in the O.Ps, contending that the driver of the lorry was not responsible for the accident. It was contended that at the time of the accident, another lorry was coming in the opposite direction at high speed in a rash and negligent manner, and to avert accident, the driver of the lorry applied sudden brakes by taking the lorry to the extreme left side of the road. Due to bad condition of the road, the lorry turned turtle resulting in fatal road accident. He also contended that he has given strict instructions to the lorry drivers not to carry passengers on their lorries. Before the Tribunal, the present appellant-Insurance Company also filed counters admitting that the lorry involved in the accident was insured with it as a goods vehicle, in which passengers are not allowed to travel. It was contended that as per the conditions of insurance policy only six persons are authorized to travel in the lorry and that the persons who travelled in the lorry were unauthorized passengers. It was contended that even if for any reason it is considered that the deceased and injured are non-fare paying passengers, the liability of the Insurance Company is limited to Rs. 15,000/- in case of death and lesser amount for injuries. The Insurance Company disputed the quantum of compensation claimed in the O.Ps. by the respective claimants. Issues raised †¢ Whether the accident took place due to rash and/or negligent driving by respondent No. 1? †¢ To what compensation if any, the petitioners are entitled to and if so, against which of the respondents? †¢ To what relief ? Subsequently, the issues were recast as under: âž ¢ Whether the accident took place due to rash and/or negligent driving of the lorry by its driver Ch. Mallikarjun? âž ¢ Whether there were specific instructions issued to the drivers of the Transport Company that they should not carry passengers enroute and if so, on that ground that owner of the crime vehicle is not liable to pay the compensation in the claim petitions? âž ¢ Whether the third respondent Insurance Company is not liable to cover the risk of the deceased and injured involved in the accident under the terms of the Insurance policy, the copy of which is marked as Ex.B-1 along with the terms and conditions of the policy including Indian Motor Tariff marked as Ex. B-2? âž ¢ Whether the petitioners are entitled for compensation, if so, to what amount and from whom? âž ¢ To what relief? . Decision (a) On consideration of the oral and documentary evidence on record, the Tribunal held that the accident has taken place due to rash and negligent driving of the lorry by its driver. The Tribunal negatived the contention of the owner of the lorry that he is not liable to pay compensation. Basing on these two findings and the medical and documentary evidence available on record, different amounts of compensations were granted to the different claimants in the respective O.Ps, who are arrayed as respondents in the appeals. (b) Aggrieved by the same, the present appeals are filed by the Insurance Company. (c) The first contention advanced by the Counsel for the appellant-Insurance Company is that the injured/deceased who travelled in the lorry are unauthorized passengers in a goods vehicle and the insurance policy issued is for the goods vehicle and there is no reason to fasten the liability on the Insurance Company; it is a violation of policy conditions and there is no need to fix the liability against the present appellant-Insurance Company. (d) The second contention advanced by the Counsel for the appellant-Insurance Company is that the owner of the lorry got examined R.W. 1, Manager in the Transport Company, who stated that he was informed by the driver of the lorry that the injured/ deceased unauthorisedly entered the lorry, and the maxim/doctrine â€Å"volenti non fit injuria† applied to this case as they voluntarily entered into the lorry at their own risk and there is no reason to fasten liability on the Insurance Company. (e) In these cases, so far as the first contention of the Counsel for appellant that the claimants/respondents are travelling as a gratuitous passengers in a goods vehicle and not entitled for compensation and the Insurance Company is not liable to pay any such compensation, is concerned, it is contrary to the principle laid down by the Supreme Court in New India Assurance Company v. Shri Satpal Singh and Ors[21]. . In that case, the Supreme Court considering clause (ii) of proviso to Sub-section (1) of Section 95 of the Motor Vehicles Act, 1939 (Old Act) and Section 147 of the Motor Vehicles Act, 1988 (new Act), and noticing the absence of a similar clause in the new Act, held†Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦under the new Act an insurance policy covering third party risk is not required to exclude gratuitous passengers in a vehicle, no matter that the vehicle is of any type or class†. In view of the above ruling of the Supreme Court, there is no merit in the first contention of the appellant, that the injured/legal heirs of the deceased in these cases are not entitled to any compensation on the ground that they are gratuitous passengers, is without substance and the same is hereby rejected. . [i](f) Learned Counsel for the appellant-Insurance Company relied on the decision in V. Gangamma v. New India Assurance Co. wherein a learned Single Judge of this Court held that the Insurance Company is not liable to pay compensation to the dependants of the deceased persons who are travelling in the vehicle at the time of accident as trespassers and not as passengers. The facts of that case are entirely different from that of the facts in these appeals. In the case cited, the claimants were treated as passengers on the basis of evidence of R. W. 1 (the driver of the lorry therein), who categorically stated that the claimants-therein have forcibly entered into the lorry asking him to take them to particular place and threatened to beat him if he does not do so. In the present cases, there is no evidence to show that the claimants/deceased entered into the lorry forcibly with any threat to the driver of the lorry. So, the decision in Gangamma’s case (3 supra) is not applicable to the case on hand. The appeals was dismissed. BIBLIOGRAPHY †¢ Rmaswamy Ayers LAW OF TORTS 10th edn.(by A Lakshminath &M Ssridhar) †¢ Winfield and jodowiez, TORT WVH Jogers,7th edn. †¢ 1990] 3 All ER 801 ( Court of Appeal), †¢ [1935] 1 KB †¢ [1933] 2 KB 297 †¢ [1971] 3 All ER 581 (Court of Appeal †¢ [1959] 3 All ER 225 (Court of Appeal †¢ (1933) 1 KB 205 †¢ [1963] 2 QB 23 †¢ 1959] 3 All ER 225 (Court of Appeal †¢ [1988] AC 431). †¢ II (2001) ACC 392, 2001 (2) ALT 185 [1999] RD-SC 411 ———————– [1] Rmaswamy ayers LAW OF TORTS 10th edn.p.939(by A Lakshminath &M Ssridhar) [2] Rmaswamy ayers LAW OF TORTS 10th edn.p.940(by A Lakshminath &M Ssridhar) [3] Rmaswamy ayers LAW OF TORTS 10th edn.p.940(by A Lakshminath &M Ssridhar) [4] Rmaswamy ayers LAW OF TORTS 10th edn.p.940(by A Lakshminath &M Ssridhar) [5] Winfield and jodowiez,TORT WVH Jogers,7th edn.P.1057 [6] Winfield and jodowiez,TORT WVH Jogers,7th edn.P.1058 [7]1990] 3 All ER 801 ( Court of Appeal), [8] [1935] 1 KB 146 [9] [1933] 2 KB 297 [10] [1971] 3 All ER 581 (Court of Appeal [11] [1959] 3 All ER 225 (Court of Appeal [12] (1933) 1 KB 205 [13] [1963] 2 QB 23 [14] [1939] 1 KB 50 [15] [1935] 1 KB 146 [16] [1964] All ER 999 [17] [1971] 2 QB 691 [18] 1959] 3 All ER 225 (Court of Appeal [19] [1988] AC 431). [20] II (2001) ACC 392, 2001 (2) ALT 185 5 [21] [1999] RD-SC 411 ———————– ———————– |LAW OF TORTS |August 29 | | |2013 | |THIS RESEARCH PAPER BRINGS OUT THE APPLICATION OF VOLENTI NON FIT INJURIA, AS A | VOLENTI NON FIT INJURIA &CASES | |DEFENCE IN TORT LAW. | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |