Sunday, January 19, 2020

Study of Southwest Airlines Essay -- Business Management Studies SWOT

Study of Southwest Airlines 1. What three things impress you most about this company? One thing that really impressed me about Southwest was their ability to maintain high profits and maintain a high customer base even after the September 11 attacks and 2002 recession. Another impressive attribute is the fact that they can keep their prices very low and affordable to customers. The last thing that really impressed me about Southwest Airlines was their management system. Their motto that employees are equal to upper management seemed to me a risky approach, but for Southwest it was a very brilliant and profitable idea. 2. Do a SWOT analysis. (See Exhibit 1 for analysis) STRENGTH * Major profitable airline company since September 11, terror attack * Lower prices than competitors * Friendly service * Short air travel between two cities * Upside-down pyramid management system * Plenty of daily flights * Entertainment for passengers WEAKNESS * Only flies to 29 states * Cannot compete with larger airline companies * Does not utilize a hub system * No first class seating * Smaller seats compared to larger airline companies * Only uses Boeing 737 Airlines OPPORTUNITES * Slash Prices even more to eliminate competitors * Add first class compartment * Expansion into new geographic region * Add flights in areas where rivals were cutting back service * Expand airline fleet to fly longer distances * Add longer, non-stop flights THREATS * New entrants * Increased rivalry * FAA rules and regulations * Government Regulation * Land-based travel such as Amtrak and Greyhound * Other airline companies duplicating Southwest Airlines? strategy 3. What grade would you give Southwest management for the job it has done in crafting the company?s strategy? I would give Southwest management an A grade, for the reason that Southwest Airlines is described as an upside-down pyramid. The upper management is at the bottom and supports the front line employees, who are the experts. This is Herb Kelleher's unorthodox leadership style, in which management decisions are made by everyone in the organization, not just the head executives. The company is described as not having much of an emphasis on structure; instead, employees are encouraged to think freely without constrai... ...mselves and stress the quality of these frills (such as roomier seats). Others, through use of flight hubs, are the only ones who can economically serve remote customers. Another weakness of Southwest Airlines is its preference for Boeing 737s. Being limited to one type of airplane leaves them with little flexibility when the model receives a bad reputation or a critical flaw is discovered. Such would be a costly venture for this company, who has used only one type of airplane, and in the face of a dire situation would face a costly venture of finding replacements or counteracting bad publicity. A possible threat is that since Southwest Airlines' strategy has proven so effective, it will be duplicated by its competitors to a point where it would lose originality. This could result in competitors offering low rates to the areas covered by Southwest and beyond, making Southwest Airlines' range and limitations more obvious. It would be very possible in the near future where a big company, with its hubs (something Southwest does NOT have), would basically introduce Southwest Airlines' low-cost model to a wider market, encroaching and outdoing Southwest Airlines.

Saturday, January 11, 2020

Deception Point Page 6

As the PaveHawk settled onto the runway beside the President's plane, Rachel now understood the references to Air Force One being the commander-in-chief's â€Å"portable home court advantage.† The machine was an intimidating sight. When the President flew to other countries to meet heads of state, he often requested – for security purposes – that the meeting take place on the runway aboard his jet. Although some of the motives were security, certainly another incentive was to gain a negotiating edge through raw intimidation. A visit to Air Force One was far more intimidating than any trip to the White House. The six-foot-high letters along the fuselage trumpeted â€Å"UNITED STATES OF AMERICA.† A female English cabinet member had once accused President Nixon of â€Å"waving his manhood in her face† when he asked her to join him aboard Air Force One. Later the crew jokingly nicknamed the plane â€Å"Big Dick.† â€Å"Ms. Sexton?† A blazer-clad Secret Serviceman materialized outside the chopper and opened the door for her. â€Å"The President is waiting for you.† Rachel got out of the chopper and gazed up the steep gangway at the bulging hull. Into the flying phallus. She had once heard the flying â€Å"Oval Office† had over four thousand square feet of interior floor space, including four separate private sleeping quarters, berths for a twenty-six-member flight crew, and two galleys capable of providing food for fifty people. Climbing the stairway, Rachel felt the Secret Serviceman on her heels, urging her upward. High above, the cabin door stood open like a tiny puncture wound on the side of a gargantuan silver whale. She moved toward the darkened entryway and felt her confidence starting to ebb. Easy, Rachel. It's just a plane. On the landing, the Secret Serviceman politely took her arm and guided her into a surprisingly narrow corridor. They turned right, walked a short distance, and emerged into a luxurious and spacious cabin. Rachel immediately recognized it from photographs. â€Å"Wait here,† the serviceman said, and he disappeared. Rachel stood alone in Air Force One's famous wood-paneled fore cabin. This was the room used for meetings, entertaining dignitaries, and, apparently, for scaring the hell out of first-time passengers. The room spanned the entire width of the plane, as did its thick tan carpeting. The furnishings were impeccable – cordovan leather armchairs around a bird's-eye maple meeting table, burnished brass floor lamps beside a continental sofa, and hand-etched crystal glassware on a mahogany wet bar. Supposedly, Boeing designers had carefully laid out this fore cabin to provide passengers with â€Å"a sense of order mixed with tranquility.† Tranquility, however, was the last thing Rachel Sexton was feeling at the moment. The only thing she could think of was the number of world leaders who had sat in this very room and made decisions that shaped the world. Everything about this room said power, from the faint aroma of fine pipe tobacco to the ubiquitous presidential seal. The eagle clasping the arrows and olive branches was embroidered on throw pillows, carved into the ice bucket, and even printed on the cork coasters on the bar. Rachel picked up a coaster and examined it. â€Å"Stealing souvenirs already?† a deep voice asked behind her. Startled, Rachel wheeled, dropping the coaster on the floor. She knelt awkwardly to retrieve it. As she grasped the coaster, she turned to see the President of the United States gazing down at her with an amused grin. â€Å"I'm not royalty, Ms. Sexton. There's really no need to kneel.† 7 Senator Sedgewick Sexton savored the privacy of his Lincoln stretch limousine as it snaked through Washington's morning traffic toward his office. Across from him, Gabrielle Ashe, his twenty-four-year-old personal assistant, read him his daily schedule. Sexton was barely listening. I love Washington, he thought, admiring the assistant's perfect shape beneath her cashmere sweater. Power is the greatest aphrodisiac of all†¦ and it brings women like this to D.C. in droves. Gabrielle was a New York Ivy Leaguer with dreams of being a senator herself one day. She'll make it too, Sexton thought. She was incredible-looking and sharp as a whip. Above all, she understood the rules of the game. Gabrielle Ashe was black, but her tawny coloring was more of a deep cinnamon or mahogany, the kind of comfortable in-between that Sexton knew bleeding heart â€Å"whites† could endorse without feeling like they were giving away the farm. Sexton described Gabrielle to his cronies as Halle Berry's looks with Hillary Clinton's brains and ambition, although sometimes he thought even that was an understatement. Gabrielle had been a tremendous asset to his campaign since he'd promoted her to his personal campaign assistant three months ago. And to top it all off, she was working for free. Her compensation for a sixteen-hour workday was learning the ropes in the trenches with a seasoned politician. Of course, Sexton gloated, I've persuaded her to do a bit more than just work. After promoting Gabrielle, Sexton had invited her to a late night â€Å"orientation session† in his private office. As expected, his young assistant arrived starstruck and eager to please. With a slow-moving patience mastered over decades, Sexton worked his magic†¦ building up Gabrielle's trust, carefully stripping away her inhibitions, exhibiting tantalizing control, and finally seducing her right there in his office. Sexton had little doubt the encounter had been one of the most sexually gratifying experiences of the young woman's life, and yet, in the light of the day, Gabrielle clearly regretted the indiscretion. Embarrassed, she offered to resign. Sexton refused. Gabrielle stayed on, but she made her intentions very clear. The relationship had been strictly business ever since. Gabrielle's pouty lips were still moving. â€Å"†¦ don't want you to be lackadaisical going into this CNN debate this afternoon. We still don't know who the White House is sending as opposition. You'll want to peruse these notes I typed.† She handed him a folder. Sexton took the folder, savoring the scent of her perfume mixed with the plush leather seats. â€Å"You aren't listening,† she said. â€Å"Certainly am.† He grinned. â€Å"Forget about this CNN debate. Worst case scenario, the White House snubs me by sending some low-level campaign intern. Best case scenario, they send a bigwig, and I eat him for lunch.† Gabrielle frowned. â€Å"Fine. I've included a list of the most probable hostile topics in your notes.† â€Å"The usual suspects no doubt.† â€Å"With one new entry. I think you might face some hostile backlash from the gay community for your comments last night on Larry King.† Sexton shrugged, barely listening. â€Å"Right. The same-sex marriage thing.† Gabrielle gave him a disapproving look. â€Å"You did come out against it pretty strongly.† Same-sex marriages, Sexton thought in disgust. If it were up to me, the faggots wouldn't even have the right to vote. â€Å"Okay, I'll turn it down a notch.† â€Å"Good. You've been pushing the envelope a bit on some of these hot topics lately. Don't get cocky. The public can turn in an instant. You're gaining now, and you have momentum. Just ride it out. There's no need to hit the ball out of the park today. Just keep it in play.† â€Å"Any news from the White House?† Gabrielle looked pleasantly baffled. â€Å"Continued silence. It's official; your opponent has become the ‘Invisible Man.'† Sexton could barely believe his good fortune lately. For months, the President had been working hard on the campaign trail. Then suddenly, a week ago, he had locked himself in the Oval Office, and nobody had seen or heard from him since. It was as if the President simply could not face Sexton's groundswell of voter support.

Friday, January 3, 2020

The Colonies Of The United States - 1377 Words

Captains of these ships were known to throw the sick who can possible get aid when reaching the new world overboard in order to prevent the spread of epidemics. Small proportion of slaves were designated for mainland North America. The other majority of slaves landed in Brazil or the West Indies, where the high death rate on the sugar plantations led to a constant demand for new slave imports. This was a cycle which had led many slave to their deaths so the higher ups can make a pretty penny. In the eighteenth century, the numbers of slaves increased steadily. â€Å"Overall the area that was to become the United States imported between 400,000 and 600,000 slaves. By 1770, due to the natural reproduction of the slave’s population, around one-fifth of the estimated 2.3 million persons living in the English colonies of North America were Africans and their descendants.†(136). The three distinct slave system was formed because of the growing numbers there are known as the t obacco-based plantation slavery in Chesapeake, rice-based plantations slavery in South Carolina and Georgia, and non plantation slavery in new England and the Middle Colonies. Doing all this they were supplying countries with valuable agricultural product, while importing large amounts of British goods, and were closely linked in culture and political values to London. As we have seen, the period after 1680 displayed a rapid shift from indentured servitude to slavery on the region’s tobaccoShow MoreRelatedThe Colonies Of The United States Essay1451 Words   |  6 PagesAfter the land had failed to produce gold or silver, the Virginia Company began to sell the land for property which started the colonization of what is to start the spark of the thirteen colonies. Great Britain began to colonize in the present day United States of America by creating the Thirteen Colonies. The colonies, which can be divided into three separate regions: Northern, Middle, and Southern, have been formed by different groups of people who have helped to shape the region which they belongRead MoreThe Birth of the United States from the Colonies Essay1490 Words   |  6 PagesDuring the time period from 1765 to 1800, the government of the Colonies and eventually that of the United States, dealt with countless issues to create the system which governs the citizens of the United States today. Starting in 1765 with the passage of the Stamp Act by the British monarchy up to 1798 with the election of Thomas Jefferson as President in 1800 by the Colonial government, the aforesaid government, fought to rid itself of constant threats to the liberties and freedoms of the AmericanRead MoreUnited States Declaration of Independence Analysis Essay1075 Words   |  5 Pagesthe â€Å"United States Declaration of Independence† which was published on July 4th, 1776. It was written by Thomas Jefferson and adopted by the Second Continental Congress, states the reasons the British colonie s of North America sought independence in July of 1776. The declaration opens with a preamble describing the documents necessity, in explaining why the colonies have overthrown their ruler, and chosen to take their place as a separate nation, and to be independent in the world. The United StatesRead MoreImpact Of The American Revolution On The United States Of America1262 Words   |  6 PagesThe United States revolution is one of the most important revolutions to occur in history because it can be seen as the most significant revolution to transpire in modern time. This can be shown through the role that the revolution had in creating the country that we know today. Why was it that the American Revolution occurs, was it for independence or was it based on something else? In the American Revolution there were many leaders who aided in creating the United States, who were they and whatRead MoreThe United States Struggle For Independence1407 Words   |  6 Pages The United States struggle for independence was marked by the American Revolution war fought between Britain and the thirteen American colonies from the year 1775 to the year 1783. The war was sparked off because of a number of reasons, among them being the fact that Britain felt its American colonies were not playing their financial part as a colony and they were neither actively participating in the Anglo-French war. The fact that the French were defeated in this war boosted the confidenceRead MoreThe American Revolution978 Words   |  4 Pagesformation of the thirteen colonies through which United States was governed as a British colony. The actual revolution refers to a period through which a political upheaval was experienced, and this was through the period between 1765 and 1785 (Irvin, 5). During this time, Americans rebelled against the aristocratic and monarchies instituted by the British in the thirteen colonies. The rebellion led to the overthrow of the government of Great Britain through which the United States of America was foundedRead MoreMonroe Doctrine1660 Words   |  7 PagesMonroe Doctrine The Monroe Doctrine can be considered as the United States first major declaration to the world as a fairly new nation. The Monroe Doctrine was a statement of United States policy on the activity and rights of powers in the Western Hemisphere during the early to mid 1800s. The doctrine established the United States position in the major world affairs of the time. Around the time of the Napoleonic Wars in the 1820s, Mexico, Argentina, Chile and Colombia all gained their independenceRead MoreThe Confederation Act of 1867 Essay1134 Words   |  5 Pagesstrong, independent, and united. There was a series of events which led to the confederation of Canada, some which are more significant than others. However, I believe that despite the significance of events such as the British encouragement of uniting its North American colonies, the central and key reason for confederation was the fear of potential American (Ya nkee) inhabitance (whether by persuasion or invasion) of the divided and vast British North American colonies, and the way that the â€Å"FathersRead MoreThe Colonies Were Considered Incapable Of Governing Themselves994 Words   |  4 Pages The colonies were considered incapable of governing themselves. Thomas Pownall, a well-respected man by the British and a former Massachusetts governor; stated that due to the â€Å"expansion of the nation, the diversity, and the disruptiveness of colonial life [American self-rule impossible]† (Thomas Pownall). Since the beginning of colonization, the colonist have relied heavily on the British government, causing them to be more dependent. The colonies struggle with land dispute between the EuropeanRead MoreThe Colonization Of The Colony Collapse Disorder1036 Words   |  5 PagesIntroduction: The Colony Collapse Disorder is a strange occurrence in which worker bees from different honeybee colonies just disappear. Honeybees, which are a crucial part of the U.S. agriculture, have been under some drastic stress from the mysterious Colony Collapse Disorder, which is a syndrome defined as a dead colony with no adult bees or dead bee bodies but with a live queen, honey and juvenile bees still present in the hive. A scientific cause for the Colony Collapse Disorder has yet to

Thursday, December 26, 2019

Bilogy DNA Fingerprinting Essay - 1116 Words

DNA Fingerprinting When you were born you were given your own DNA. The genetic information you carry is very similar to your parents. Even though you and your parents have very similar DNA you also have genetic differences, one example is your fingerprint no one but yourself will have your unique fingerprint pattern. Police use what is called DNA Fingerprinting to extensively investigate crime scenes. DNA in/on a crime scene can be found through the process of DNA Fingerprinting. Police collect evidence from the crime scene to take in for testing. When the testing is complete the police know who the criminal is by their fingerprint. DNA Fingerprinting has also proven effective with miss person cases. â€Å"The concept of DNA profiling was†¦show more content†¦Scientists and geneticist call this method the Southern blot in honor of the founder of it; Edward Southern a molecular biologist at Oxford University. There are a total of four steps in order to complete the Southern blot process. â€Å"The first step in completing the Southern blot; is the DNA (genomic or other source) is digested with a restriction enzyme and separated by gel electrophoresis, usually an agarose gel.† Then the DNA is transported to a membrane which is a sheet of blotting paper. The DNA fragments retain the same pattern of separation they had on the gel.† The blot is then incubated (to maintain at a favorable temperature and in other conditions promoting development) with many copies of a probe. The probe will then form base pairs with its complementary DNA sequence. The final step in the Southern blot process is to find the location of the probe which has been incubating with a colorless substrate that the attached enzyme converts to a colored product; this will give off a light which will expose X-ray film. If the probe is labeled with radioactivity, it can expose X-ray film directly (Southern Blot Method). DNA Fingerprinting has improved considerably from when it was first invented. DNA Fingerprinting is however not perfected; the use of it in the courtrooms is still controversial. â€Å"Lawyers who misrepresent the results of DNA fingerprints may confuse jurors† (DNA Fingerprinting). A famous example from the

Wednesday, December 18, 2019

Computer Hardware Assignment - 3019 Words

COMPUTER HARDWARE HIT 1403. Assignment 1 Bektemir Kassymov Table of Contents INTRODUCTION ...........................................................................................................................3 Hard Disk .....................................................................................................................................5 History of hard disks. ................................................................................................................................................ 6 Technology of recording data on hard disks. ........................................................................................................ 6 RAM (Random-Access Memory)†¦show more content†¦So what constitutes such unique human invention? The first sign by which computers differ is a platform. We can distinguish two major PC platforms: Platform of IBM compatible computers includes a huge range and variety of computers, from simple family computers to very complex and hi-tech servers. It’s t he platform that is usually known by user as a PC. Actually it is not obligatory that best IBM – compatible computers should be manufactured by IBM, this â€Å"blue giant† only created such standard, but now IBM is just one of the many PC manufacturers. Another platform - Apple is represented by respectively not so popular computers Macintosh. They use their own, special software, and their filling is significantly differs from IBM. Typically, IBM-compatible PCs are made up of three parts (blocks): the system unit, monitor (display) keyboard (a device that allows you to enter characters into your computer). Computers are available in a portable form - in the laptop (2-5kg laptop) Here, the system unit, monitor and keyboard are enclosed in one case: if you remove the system block and look inside, you can see all details corresponding to the next PC architecture. However, there are devices that are in any case set on a modern PC. Typical Personal Computer is composed fro m a case and following parts: †¢ Motherboard. On the motherboardShow MoreRelatedAssignment On The Function Of Computer Hardware Components3953 Words   |  16 PagesAssignment brief – QCF BTEC Assignment front sheet Qualification Unit number and title BTEC Level 3 Diploma in IT UNIT 2 – Computer Systems Credit Value: 10 Course Code: (M/601/6630) Learner name Assessor name Dovydas Sabaliauskas Terence Wong Date issued Hand in deadline Submitted on 29 October 2014 9 November 2014 Assignment title U2_A1_P1P2P3M1D1 Computer systems components In this assessment you will have opportunities to provide evidence against the following criteria. IndicateRead MoreComputer Systems1247 Words   |  5 PagesAssignment Front Sheet| Learner name|Assessor name| |Chagitha Hewage | Date Issued|Completion date|Submitted on| 15th August 2013|15th November 2013|| Qualification|Unit number and title| HND in Computing and Systems Development | 02-Computer Systems| Assignment title|Computer Systems – Unit 2 | In this assignment you will have opportunities to provide evidence against the following criteria.Indicate the page numbers where the evidence can be found | Criteria reference|To achieve theRead MoreAssignment Brief1394 Words   |  6 PagesDIPLOMA in COMPUTING (all pathways) Assignment Title: Portfolio: Computer Systems Assignment Number: 1 of 1 LEARNING OUTCOMES AND ASSESSMENT CRITERIA COVERED LO1 Understand the function of computer systems 1.1 explain the role of computer systems in different environments 1.2 explain the hardware, software and peripheral components of a computer system 1.3 compare different types of computer systems LO2 Be able to design computer systems 2.1 produce a system design specificationRead MoreEnlisted Distribution And Assignment System Essay1539 Words   |  7 PagesEnlisted Distribution and Assignment System The Enlisted Distribution and Assignment System (EDAS) is a great system with minimal hardware and software requirements. The system is simple and effective at what it does. Competition is scarce and there are very few things that should be changed involving the technical aspects of the system. The more than 100,000 assignments that are processed through EDAS annually are vital to the versatility of the Soldiers in the greatest Army the world has everRead MoreFDEME3L memo 2015928 Words   |  4 PagesFDEME3L/201/1/2015 Tutorial Letter 201/1/2015 Computer Integration in the classroom FDEME3L Semester 1 Department of Science and Technology Education IMPORTANT INFORMATION: This tutorial letter contains important information about your module. FDEME3L/201 ASSIGNMENT 01 Q 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A 1 1 2 2 2 2 1 2 2 2 1 1 1 2 2 2 3 1 5 4 3 2 1 2 5 Q 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 A 4 1 4 3 5 2 3 2 2 4 4Read MoreNetworking Technology1183 Words   |  5 Pages Unit Name: Networking Technology Unit No.: 12 Number of Assignments for this unit 1 Full Name Student ID Intake Turnitin Score % Title Prime Bank Reference 12.2 Assessor Date Issued Date Due Date Submitted IV Date IV IV Signature Grade Unit Grade Awarded D M P R Assessor Comments Note: D-Distinction, M-Merit, P-Pass, R-Refer IV Signature (if sampled) Date IV Comments Assignment Feedback Student Name Course HND Computing Unit No. 1 Outcome/AssessmentRead MoreSci 110 Assignment 1 Applications of the Scientific Method1280 Words   |  6 PagesSCI 110 Assignment 1 Applications of the Scientific Method Click Link Below To Buy: http://hwcampus.com/shop/sci-110-assignment-1-applications-scientific-method/ The scientific method is a body of techniques for investigating phenomena, acquiring new knowledge, or correcting and integrating previous knowledge. The scientific inquiry is a way to investigate things and purpose explanation for their observations. Data is gathered, hypothesis suggested, and observations recorded. SeveralRead MoreManaging contention for Shared Resources on Multicore Processors1554 Words   |  7 PagesAdvanced Computer Architecture November 30, 2013 Abstract This â€Å"Case Study† cover information on computer systems with multicore processors which can increase performance by running applications of various types (models) and methods. This paper focuses on applications using distributed architecture, cache contention, prefetching hardware and more. Current and future contentions are discussed. Managing contention for shared resources on multicore processors are discussed in this assignment. ExplanationsRead MoreIs 310 Ch 1 Assignment Essay816 Words   |  4 PagesGalina Goncharova Professor Pak IS 310 Software and Hardware Concepts Assignment 2 Chapter 1 August 31, 2012 Vocabulary Exercises 1. Students of information systems generally focus on application software. Students of computer science generally focus on system software. 2. Configuring hardware and system software is an activity of UP (Unified Process) deployment discipline. 3. IS students and professionals should be familiar with professional societies, such as Association forRead MoreExplain the Role of Computer Systems in Different Environments1017 Words   |  5 PagesDepartment of Business Computing |Programme Title |BTEC HND/HNC in Computing Systems Development | |Unit Title |Computer Systems |Unit Number |2 / PART 1 | |Candidate’s Name: |

Tuesday, December 10, 2019

Torts Tl10005 Principles of Torts Law

Question: Discuss about theTorts Tl10005 Principles of Torts Law. Answer: Introduction: The issue in this case is related with the injuries suffered by Mandy when a bottle of orange juice exploded in her face and she lost an eye. Therefore it needs to be decided if Tamara Natural Juice Limited (TNJL) or Ms. Hooper can be held liable for these injuries. The explosion in the bottle of orange juice took place due to the yeast bacteria in the bottle as during the pasteurisation of the producers, the company heated the products to 75 degrees while the scientists suggest that although such an occurrence was most uncommon but it can be completely eliminated if the fruit juice was heated up to 85 degrees. At the same time, the risk could also be reduced further if instead of using the glass bottles, the manufacturers used plastic containers. But it was difficult to heat the product up to 85 as the production costs will increase significantly and the production will become uneconomic. At the same time, the plastic containers were not easily recycled and were not biodegradable. I t has also been mentioned that most of the other interested manufacturers also used glass containers instead of the plastic containers. Similarly in view of the fact that fermentation was very rare and any costs associated with introducing a change was too high, it was considered as unnecessary and uneconomic. Therefore, under the circumstances reliability of TNJL and Mrs. Hooper needs to be decided regarding the injuries suffered by Mandy. Rule: in order to decide the above-mentioned issue, the rules related with the law negligence out to be analyzed. Under the law, the term negligence means a failure to do what would have been done by any reasonable person under the circumstances (Mersey Docks and Harbour Board Ltd v Coggins and Griffith (Liverpool) Ltd., 1946). In order to establish liability for negligence, the plaintiff is required to have that the respondent had a duty of care. In the past, the law has also provided for the requirement according to which equal, including the companies have to conduct their affairs in accordance with the standard that can be expected from a reasonable person.[1] In this way, in order to recover compensation under negligence, the plaintiff is required to establish that (i) the defendant had a duty of care towards the plaintiff; (ii) such duty of care has been breached by the defendant; and (iii) the personal injury or the damage suffered by the plaintiff was caused by such breach of duty. Under these circumstances, it becomes important to consider what the duty of care is. While deciding if the defendant owed a duty of care, a number of legal principles and policy factors are taken into account by the court (Hollis v Vabu Pty Ltd., 2001). Particularly when the situation is new and the relationship has not been an established relationship which includes a duty of care, the court has to consider several factors. Therefore, for this purpose the court has to consider the type of harm suffered by the plaintiff; the control that the defendant had over the situation which resulted in the harm and the vulnerability of the plaintiff to such harm; the nature of relationship that existed between the defendant and the plaintiff as compared to the duty relationships; the moral and ethical considerations and the coherency and consistency of the legal principles.[2] In case of certain easily established relationships a duty of care is present, like the occupiers liability or the motor vehicle liability. In the same way, the manufacturers of products are also considered to have a duty of care towards the ultimate consumers of their goods.[3] However, outside these established relationships, the court has to consider the factors mentioned above for deciding if a duty of care is present or not in a particular relationship.[4] Even when it can be said that a reasonably foreseeable risk is present, it is not necessary that the court will hold that the defendant had a duty of care. For this purpose, the essential considerations include the vulnerability of the plaintiff, the nature of the harm suffered by the plaintiff and if the risk was not insignificant.[5] At the same time, there is also the issue of inconsistency with other duties that are owed by the defendant in case of other relationships. For example the Civil Liability Act contains special provisions regarding the liability of volunteers. For example where a social worker was investigating the allegations made against the father, related with child abuse and the harm suffered by the father's reputation and employment is caused, the court will take into account the duty of the social worker to investigate the allegations and also the duty relationship that exists between the child and the social worker to override reasonable foreseeability of causin g such harm to the plaintiff. However in some other situations, it may not be so easy to decide the liability for the harm. Therefore, several factors have to be considered while deciding if the driver had a duty of care towards a person who was walking on the highway during the night. The next requirement is that there should be a breach of duty of care. In order to establish a breach of this duty, the elements need to be satisfied.[6] The person knew or should have known regarding the risk. This is also known as reasonable foreseeability. The risk should not be insignificant and any reasonable person under similar circumstances would have taken precautions against such a risk. The requirement to which the risk should not be insignificant has been the result of recent civil liability reforms and the introduction of Civil Liability Act. The introduction of this Act has raised the bar that is required from reasonable person before such person is required to act. Therefore under the current position, while the harm should be reasonably foreseeable, at the same time it is also required that the risk should not be insignificant. However the standards have to be decided on the basis of the facts of each case. In the same way, the precautions that will be considered as reasonable by the court will also vary, depending on the circumstances of each case.[7] The considerations that have to be made by reasonable person by deciding the issue of taking precautions against the risk have been mentioned in the Civil Liability Act as follows. The chances that the harm may take place if there is not exercised; the likely seriousness of the harm; the burden of taking the precautions for avoiding such a risk and the potential the benefit of the activity due to which others have been exposed to the risk of harm. The decision given in Donoghue v Stevenson (1932) can be considered while deciding the issue if a person knew or should have known regarding the risk. In this case, the significance of foreseeability of injury or damage to the plaintiff due to the defendant's conduct was mentioned. Under the Civil Liability Act, coalition mentions that negligence should be the necessary condition and such harm should fall within the liability of the defendant. Hence, a connection should be present between the alleged negligence on the part of the defendant and the harm suffered by the plaintiff.[8] However this is a question of fact. Under the common law, the but for test was used to decide the issue of causation and it was seen if 'but for' the actions of the defendant, the harm suffered by the plaintiff would not have taken place. However, the Civil Liability Act provided in this regard that because should be a necessary element of harm. In this regard, the Civil Liability Act asks if foreseeability was apt in the context of the scope of liability of the party in breach to extend to the harm suffered by the plaintiff. According to the Act, the policy issues that may arise have to be considered.[9] Therefore it can be said that the best way is to see if a reason is present due to which the defendant should not be held liable.[10] An example in this regard can be given of the case titled Commonwealth v Verwayen.[11] In this case, the Commonwealth was held to be liable for breach of its duty of care as a ship sank as a result of negligence. It was stated that the Commonwealth was liable for causing the accident but the plaintiff for the liver and lung cancer that was caused as a result of heavy drinking and smoking that started on part of the plaintiff as a result of experiencing the accident. Earlier the courts have discussed it in context of remoteness and proximity. Another factor in this regard is an intervening cause - nova causainterveniens. However, according to the Civil Liability Act, it has to be considered in terms of policy reasons. Will it be inapt to consider one party liable for all the results of the event where there were intervening factors like the own choices of the person.[12] Generally the breach of duty of care is self-evident. However, an additional requirement has been added by the Civil Liability Act according to which the standard that can be used to decide if there has been a breach of duty is that the risk should not be far-fetched or fanciful. Therefore the risk should not be an immaterial risk.[13] It also needs to be considered if any other reasonable person would have taken precautions against such a risk. This can be referred to as carelessness. It can be described as a failure to do what could have been done by any reasonable person under similar circumstances. But in this regard, after the implementation of the Civil Liability Act, the courts consider the factors like cost involved in taking the precautions and the magnitude of the risk.[14] The issue of what could have been done by any reasonable person under the circumstances is a question of fact. Application:In the present case, TNJL uses the pasteurisation process for preserving its fruit juices. For this purpose, each water product is heated up to a temperature of 75 degrees before sealing the bottles. This is a very crucial process in manufacturing as this process prevents the yeast bacteria from entering the fruit juice. If any yeast bacteria has entered and survived and the juice, the juice may be fermented. The gas that has been built up in the bottle during the fermentation process can cause the bottle to explode after some time. But generally it is accepted that this kind of organs is very rare. At the same time, according to the CSIRO report, it has been mentioned that although this occurrence is very rare but it can be completely avoided if the product is heated by the manufacturers to a minimum temperature of 85 degrees. At the same time, the risk can also be reduced significantly if plastic containers are used by the manufacturers instead of glass bottles. But the juice manufacturers have opposed this report on the grounds that if the product is heated to a minimum temperature of 85 degrees, the cost of production will increase significantly as a result of the increase in power charges. As a result, the production will become an economic. At the same time, the fruit juice manufacturers also pointed out that the plastic containers were not biodegradable and could not be recycled easily. As a result they were not environment friendly. They have also pointed out towards the fact that other interstate manufacturers were also using glass bottles. They have stated that the fermentation is very rare and at the same time, the cost regarding the introduction of these changes was too high. As a result, it was unnecessary as well as uneconomic to implement these changes in New South Wales. As mentioned above, along with other factors, the cost related with taking the precautions also needs to be considered. Another relevant fact in this case is that fermentation is a very rare occurrence. Therefore in this case, it can be stated that TNJL or Ms Hooper cannot be held liable for the injury suffered by Mandy. Conclusion: TNJL and Ms. Hooper is not liable for injuries suffered by Mandy. There was no negligence on part of Ms. Hooper. Similarly, TNJL had taken all the precautions that are necessary in this case. Taking other precautions like heating the product of 85 degrees or using plastic containers will involve a significant cost that was not proportionate to the risk present in this case. Bibliography Bailey, S (2006) Public authority liability in negligence: the continued search for coherence 26 Legal Studies 155 Barker, C (2006) Wielding Occams Razor: pruning strategies for economic loss 26 (2) Oxford Journal of Legal Studies 289 Case, P (2001) Something old, something new, something borrowed . . . the continued evolution of Bolam 17 Professional Negligence 75 Stapleton, J (1995) Duty of care: peripheral parties and alternative opportunities for deterrence 111 Law Quarterly Review301 Morgan, J (2005) Slowing the expansion of public authority liability 121 Law Quarterly Review 43 Teff, H (1992) Liability for psychiatric illness after Hillsborough 12 Oxford Journal of Legal Studies 440 Dias, R W M (1953) The duty problem in negligence Cambridge Law Journal 198 Mitchell, P and Mitchell, C (2005) Negligence liability for pure economic loss 121 Law Quarterly Review 194 Gearty, C (2002) Osman unravels 67 Modern Law Review 87 Harlow, C (2005) Understanding Tort Law , 3rd edn, Chapter 2. Sweet Maxwell Case Law Commonwealth v Verwayen ("Voyager case") [1990] HCA 39 Deatons Pty Ltd v Flew (1949) 79 CLR 370 Donoghue v Stevenson'' [1932] UKHL 100 Hollis v Vabu Pty Ltd (2001) 207 CLR 2 Mersey Docks and Harbour Board Ltd v Coggins and Griffith (Liverpool) Ltd [1946] 2 All ER 345 HL New South Wales v Lepore [2003] HCA 4

Monday, December 2, 2019

Show free essay sample

The lords of all things gray and shivery have once more resurfaced with somethingnew for their faithful to feast upon. The Cure has cultivated songs of torturedsouls and broken hearts and made them their classic, signature style. While theirearlier albums often had more of a pop appeal swirled in with their depression,their more recent albums, like Wish, drive directly to your soul and revel inyour shattered dreams. The new record is Show, which was recorded atthe Detroit, Michigan stop of the phenomenal Wish tour. To describe Showsimply, you might say that it is mainly songs from Wish with a few classicshere and there. This, however, is a very shallow description, and is misleadingto your average listener. Show is unbelievable. Since the Cure is arather unconventional band, Show isnt really like most live concertrecordings. There are no drastic remixes or trippy guitar solos, but there isapplause (and rightfully so). We will write a custom essay sample on Show or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page It is also rather pleasant to hear the deep,thickly-accented voice of the brilliant Robert Smith, whose vocal range isincomparable to any other. The album begins with a very mellowinstrumental which suddenly bursts into Open. Among the best of Show are, ofcourse, the classics: Pictures of You, In Between Days, and A Night LikeThis. Other favorites include From the Edge of the Deep Green Sea and thehard-hitting, bass-y album conclusion, End. However, many devoted fans (as I)may feel that there were some empty spots. I recommend this record to allwho are interested in the music of The Cure, but I feel that real devotees mightappreciate this wonderful compilation more. I think that others may feel thatthis is just a Wish rerun. Nevertheless, its a great album, and I remind youto also check out their other live recording, Paris, which was also a Wishtour show and includes THE ABSOLUTE BEST of the Cure.